Volume 22, Issue 1-2, July - December 2019, Page 94-102.

We contend that if efficiency and reliability are important factors in neural information processing then distributed, not localist, representations are “evolution's best bet.” We note that distributed codes are the most efficient method for representing information, and that this efficiency minimizes metabolic costs, providing adaptive advantage to an organism.

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Although the Canadian legal system has many virtues, it has at least one major weakness – its judicial appointments and promotion systems. The paper begins by identifying six key values that need to be considered in order to assess the legitimacy of a judicial appointments process – independence, impartiality, representativeness, transparency, accountability and efficiency. In the following sections, through the use of three case studies of appointments to the Supreme Court of Canada, the superior courts of Nova Scotia and a (...) promotion to the Federal Court of Canada, we demonstrate that Canada has failed to live up to these values. We conclude by suggesting that recent reforms to the judicial appointments processes by the current government are an improvement, but that more radical reforms are essential to enhance public confidence in the integrity of Canada’s judicial appointments and promotion systems. (shrink)

In this paper the authors present a description and reflective analysis of an underdeveloped aspect of legal ethics education: judicial ethics. Part I provides an introduction to Canada's National Judicial Institute and its early attempts to design and deliver judicial ethics education programmes. Part II then suggests that in the last few years a second generation of judicial ethics education has emerged, generating a more systemic and contextually sophisticated pedagogical agenda. Finally, in Part III, the authors argue in favour of (...) even more challenging judicial ethics programmes that will enable judges to develop an enhanced ethical identity. (shrink)

We are all familiar with the old adage that hard cases make for bad law. This symposium riffs off that idea to inquire whether soft law can make for ethical lawyering? To interrogate this q...

Against Patrick Devlin, H. L. A. Hart rejects the enforcement of morals as such. Hart defends an expanded version of John Stuart Mill’s harm principle, but this expanded version is no more defensible than Mill’s original claim. Hart’s discussion fails to clarify what is really at stake in controversies regarding the moral acceptability of criminal prohibition of such activities as suicide and assisted suicide, recreational drug use, prostitution, and so on. Regarding the enforcement of morals as such, we should (...) acknowledge that the jury is still out. (shrink)

On liberty, by J. S. Mill.--Morals and the criminal law, by P. Devlin.--Immorality and treason, by H. L. A. Hart.--Lord Devlin and the enforcement of morals, by R. Dworkin.--Sins and crimes, by A. R. Louch.--Morals offenses and the model penal code, L. B. Schwartz.--Paternalism, by G. Dworkin.--Four cases involving the enforcement of morality: Shaw v. Director of Public Prosecutions; People v. Cohen; Repouille v. United States; Commonwealth v. Donoghue.--Bibliography (p. 149).

Abstract.The legitimate impact of common morality on legal restrictions has been continuously discussed within the Western philosophy of law since Lord Patrick Devlin in the late 1950s presented his moralistic arguments against some liberal conclusions drawn by the English Committee on Homosexual Offences and Prostitution in their public report. Devlin's arguments were subsequently identified and refuted by Richard Wollheim, H. L. A. Hart and Ronald Dworkin, but in a way that later provoked further argument. In particular the (...) attack against anti‐moralistic principles set forth by Simon Lee (1986) owes much to the rather naive liberalism represented by the opponents of Devlin. The battle over liberalism and moralism from the Hart‐Devlin debate to the present day is reviewed. In addition to the discussion of the philosophers mentioned above, a potential flaw in the argumentation of Joel Feinberg (1986) is considered. (shrink)

The relationship between morality and law is one of the issues that has provoked considerable controversies. Among others, an important discussion is whether obeying “conventional morality” in public and/or private spheres should be legally enforced by legislators. In this paper, we will look at the controversies over the issue of the “legal enforcement of morality” in the well-known debate between Herbert Hart and Patrick Devlin. In light of Richard Hare's moral philosophy, we will begin by distinguishing three realms (...) of morality. We will then clarify Deviln's view on “conventional morality”, employing the terminology derived from Hare's moral philosophy. After elaborating the implications, consequences, and roots of “conventional morality” in Devlin's view, we will turn to the relation between law and “conventional morality”. Finally, we will criticize Devlin's approach and highlight our objections to his account. By showing the flaws of Devlin's conception of “conventional morality,” we will challenge her legal view of morals. (shrink)

Disney's computer‐animated musical film, Moana tells the tale of Moana, the daughter of Tui, the chief of a Polynesian island, Motunui. Bound by the legendary tradition of her ancestors, Moana is expected to follow her lineage and take over as chief when she grows up. As the authors dig beneath the surface level of the story, they find a metaphorical and philosophical level to Moana's journey. The story of Moana has layers. First, it is literally a tale of Moana's voyage (...) outside beyond the reef so that she can restore the heart of Te Fiti and save the people of Motunui. She closes this tale with a happy ending as she simultaneously lives the life that she freely chooses, becomes the leader of her people (by saving them) as her parents wanted, and honors her tradition insofar as she restores her ancestors' tradition of wayfinding. (shrink)

This paper constructs a theory according to which an intention is not a mental state but an action at a certain developmental stage. I model intention on organic life, and thus intention stands to action as tadpole stands to frog. I then argue for this theory by showing how it overcomes three problems: intending while merely preparing, not taking any steps, and the action is impossible. The problems vanish when we see that not all actions are mature. Just as some (...) frogs are immature frogs, some actions are immature actions. (shrink)

RÉSUMÉDes travaux récents par Joseph Raz, Niko Kolodny et Sergio Tenenbaum suggèrent qu'il n'existe aucune contrainte normative propre aux intentions. De telles contraintes seraient un mythe. Selon eux, il est possible d'articuler la rationalité des intentions sans postuler que l'intention est un état mental. Je soutiens que nous pouvons aussi comprendre la nature descriptive des intentions sans postuler que l'intention est un état mental. Tout comme l'idée selon laquelle il y aurait des contraintes normatives propres aux intentions, ce postulat est (...) aussi un mythe. L'intention est plutôt une action accompagnée de certaines sous-actions caractéristiques et jouant un rôle de coordination. (shrink)

The Exchange of Words is a philosophical exploration of human testimony, specifically as a form of intersubjective understanding in which speakers communicate by making themselves accountable for the truth of what they say. This account weaves together themes from philosophy of language, moral psychology, action theory, and epistemology, for a new approach to this basic human phenomenon.

The paper argues for the centrality of believing the speaker (as distinct from believing the statement) in the epistemology of testimony, and develops a line of thought from Angus Ross which claims that in telling someone something, the kind of reason for belief that a speaker presents is of an essentially different kind from ordinary evidence. Investigating the nature of the audience's dependence on the speaker's free assurance leads to a discussion of Grice's formulation of non-natural meaning in an epistemological (...) light, concentrating on just how the recognition of the speaker's self-reflexive intention is supposed to count for his audience as a reason to believe P. This is understood as the speaker's explicitly assuming responsibility for the truth of his statement, and thereby constituting his utterance as a reason to believe. (shrink)

This paper responds to an argument from Botin which claims that Russellian physicalism is committed to the view that either (i) our phenomenal concepts do not reveal anything essential about phenomenal properties (following Goff, Botin calls this the ‘opaque’ account of phenomenal concepts), or that (ii) phenomenal concepts are capable of revealing at least some of the essence of phenomenal properties—making phenomenal concepts ‘translucent’ if some-but-not-all-revealing or ‘transparent’ if all-revealing—but this entails that phenomenal properties are fundamental, which violates physicalism. I (...) argue that Botin is wrong that Russellian physicalists are committed to the view that physical and phenomenal concepts must have similarly qualitative/phenomenal modes of presentation or contents, since Russellian physicalists assume that we do not possess concepts which specifically refer to non-phenomenal categorical properties. If we were to acquire concepts for non-phenomenal categorical properties, they would need to have categorical contents and modes of presentation, but need not have qualitative/phenomenal contents and modes of presentation. Given this, Russellian physicalists can embrace a translucent account of phenomenal concepts, and hold that our phenomenal concepts more-or-less accurately tell us about certain sorts of non-fundamental properties which are both physical and categorical. (shrink)

In this volume Rorty offers a Deweyan account of objectivity as intersubjectivity, one that drops claims about universal validity and instead focuses on utility for the purposes of a community. The sense in which the natural sciences are exemplary for inquiry is explicated in terms of the moral virtues of scientific communities rather than in terms of a special scientific method. The volume concludes with reflections on the relation of social democratic politics to philosophy.

What is the difference between an intended consequence and a foreseen unavoidable consequence? The answer, I argue, turns on the exercise of knowhow knowledge in the process that led to the consequence. I argue for this using a theory according to which acting intentionally is acting as a reason. I show how this gives us a more promising explanation of the difference than the dominant explanations, according to which acting intentionally is acting for a reason.

In their review, Ruba and Repacholi summarize the methods used to assess preverbal infants’ understanding of emotions, and analyze the existing evidence in light of classical and constructionist ac...

Classical logic, beginning with the work of Aristotle, has developed into a powerful and rigorous mathematical theory with many applications in mathematics and ...

Richard Swinburne offers an original treatment of a question at the heart of epistemology: what makes a belief rational, or justified in holding? He maps the rival accounts of philosophers on epistemic justification ("internalist" and "externalist"), arguing that they are really accounts of different concepts. He distinguishes between synchronic justification (justification at a time) and diachronic justification (synchronic justification resulting from adequate investigation)--both internalist and externalist. He also argues that most kinds of justification are worth having because they are (...) indicative of truth; however, it is only justification of internalist kinds that can guide a believer's actions. Swinburne goes on to show the usefulness of the probability calculus in elucidating how empirical evidence makes beliefs probably true. (shrink)

of (from British Columbia Philosophy Graduate Conference) This paper attempts to argue for an interpretation of Peter Strawson�s account of moral responsibility that successfully eliminates the threat of determinism. The goal is to capture the spirit of Strawson�s view and elucidate that spirit. I do this by emphasizing an aspect of Strawson�s account that others, like Paul Russell, may find insignificant, and then I demonstrate how this aspect is meant to quash the threat of determinism. Specifically, I claim that Strawson (...) wishes us to recognize that certain interpersonal relationships are explanatorily prior to the capacities necessary for morally responsible agency, and this explanatory relationship implies that (at least in our world) the capacities necessary for morally responsible agency could not include freedom from determinism. (shrink)

This paper explores some aspects of the relation between different ways of achieving a consensus on the judgemental values of a group of indviduals; in particular, aggregation and deliberation. We argue firstly that the framing of an aggregation problem itself generates information that individuals are rationally obliged to take into account. And secondly that outputs of the deliberative process that this initiates is in tension with constraints on consensual values typically imposed by aggregation theory, at least when deliberation is modelled (...) as process of learning from others compatible with Bayesian updating principles. (shrink)

Atheism is a familiar kind of skepticism about religion. Moral error theory is an analogous kind of skepticism about morality, though less well known outside academic circles. Both kinds of skeptic face a "what next?" question: If we have decided that the subject matter (religion/morality) is mistaken, then what should we do with this way of talking and thinking? The natural assumption is that we should abolish the mistaken topic, just as we previously eliminated talk of, say, bodily humors and (...) unicorns. The fictionalist, however, offers a less obvious recommendation. According to the fictionalist, engaging in the topic in question provides pragmatic benefits that do not depend on its truth-in a way roughly analogous to engaging with a novel or a movie. The religious fictionalist maintains that even if we were atheists, we should carry on talking, thinking, and acting as if religion were true. The moral fictionalist maintains a similar view regarding moral talk, thought, and action. Both forms of fictionalism face serious challenges. Some challenges can be levelled at either form of fictionalism (or at any form of fictionalism), whereas others are problems unique to moral fictionalism or to religious fictionalism. There are important questions to be asked about the relationship between these two kinds of fictionalism. Could moral fictionalism be plausible even if religious fictionalism is not (or vice versa)? This is a volume of thirteen previously unpublished papers on the topics of religious fictionalism, moral fictionalism, and the relation between these views. (shrink)

This book assesses the existentially relevant consequences of physicalism. It argues that accepting physicalism is the healthiest stance we can take in the face of an account of the self and world which offers no metaphysical assurances. Why should we care about physicalism? On one hand, the view seems to be inconsistent with things that many people find valuable, such as the existence of free will, God, the immortal soul, ultimate purpose, and natural laws like karma. On the other hand, (...) physicalism seems to have positive existential implications, such as supporting the unlimited potential of scientific understanding or the attitude that we need not fear supernatural powers or forces because they don't exist. This book argues that physicalism has several consequences that are of existential import. It begins by outlining the history of physicalism and explaining two popular ways of understanding it: the via negativa approach and the theory-based approach. The rest of Part 1 explores the existential consequences of these two versions of physicalism. Part 2 draws on Nietzsche to construct an argument about what attitude we ought to adopt toward physicalism. It argues that we ought to avoid nihilism and despair even when confronted with a picture of the universe which offers no metaphysical assurances. Finally, Part 3 is dedicated to how well physicalism deals with the hard problem of consciousness, mental causation, and multiple realization. The Hope and Horror of Physicalism will appeal to anyone interested in a contemporary approach to existential philosophy, as well as scholars and advanced students working in philosophy of mind and metaphysics. (shrink)

Media exposure influences mental health symptomology in response to salient aversive events, like terrorist attacks, but little has been done to explore the impact of news coverage that varies more subtly in affective content. Here, we utilized an existing data set in which participants self-reported physical symptoms, depressive symptoms, and anxiety symptoms, and completed a potentiated startle task assessing their physiological reactivity to aversive stimuli at three time points (waves) over a 9-month period. Using a computational linguistics approach, we then (...) calculated an average ratio of words with positive vs. negative affective connotations for only articles from news sources to which each participant self-reported being exposed over the prior 2 weeks at each wave of data collection. As hypothesized, individuals exposed to news coverage with more negative affective tone over the prior 2 weeks reported significantly greater physical and depressive symptoms, and had significantly greater physiological reactivity to aversive stimuli. (shrink)

This book brings together twenty articles giving a comprehensive view of the work of the Aristotelian commentators.... The importance of the commentators is partly that they represent the thought and classroom teaching of the Aristotelian and Neoplatonist schools and partly that they provide a panorama of a thousand years of anicient Greek philosophy, revealing many original quotations from lost works. Even more significant is the profound influence... that they exert on later philosophy, Islamic and Western. Not only did they preserve (...) anti-Aristotelian marterial which helped inspire Medieval and Renaissance science, but they presented Aristotle in a form that made him acceptable to the Christian Church. It is not Aristotle, but Aristotle transformed and embedded in the philosophy of the commentators, that so often lies behind the views of later thinkers. --From book jacket. (shrink)

Richard Swinburne presents a powerful new case for substance dualism and for libertarian free will. He argues that pure mental events are distinct from physical events and interact with them, and claims that no result from neuroscience or any other science could show that interaction does not take place. Swinburne goes on to argue for agent causation, and claims that it is we, and not our intentions, that cause our brain events. It is metaphysically possible that each of us (...) could acquire a new brain or continue to exist without a brain; and so we are essentially souls. Brain events and conscious events are so different from each other that it would not be possible to establish a scientific theory which would predict what each of us would do in situations of moral conflict. Hence, we should believe that things are as they seem to be: that we make choices independently of the causes which influence us. It follows that we are morally responsible for our actions. (shrink)

Philosophy and literature enjoy a close, complex relationship. Elucidating the connections between these two fields, this book examines the ways philosophy deploys literary means to advance its practice, particularly as a way of life that extends beyond literary forms and words into physical deeds, nonlinguistic expression, and subjective moods and feelings.

_Heidegger_ is a classic introduction to Heidegger's notoriously difficult work. Truly accessible, it combines clarity of exposition with an authoritative handling of the subject-matter. Richard Polt has written a work that will become the standard text for students looking to understand one of the century's greatest minds.

The book begins with an overview that introduces the Theorem and the issues surrounding it, and explores how the essays that follow contribute to our understanding of those issues.

Richard Kilvington (ca. 1302-1361) was one of the most original and influential thinkers among the Oxford Calculators. His impact on late medieval philosophy and theology remains unquestionable. His physical, logical, and ethical solutions were extensively debated and referred to, paving the way for new approaches in philosophy and theology. This volume presents a critical edition of question 4 from Kilvington's Quaestiones super libros Sententiarum, complete with an introduction to the edition and a guide to Kilvington's theological concepts.