According to philosophical orthodoxy, the parties to moral or legal disputes genuinely disagree only if their uses of key normative terms in the dispute express the same meaning. Recently, however, this orthodoxy has been challenged. According to an influential alternative view, genuine moral and legal disagreements should be understood as metalinguistic negotiations over which meaning a given term should have. In this paper, we argue that the shared meaning view is motivated by much deeper considerations than its recent critics recognize, (...) and that much would be lost in opting for the explanation of normative disputes as metalinguistic negotiations. (shrink)

According to H.L.A. Hart's analysis, to utter an internal legal statement is partly to express an acceptance of a set of norms. This article attempts to defend Hart's conception of internal legal discourse by responding to the following three lines of criticism that can be found in Joseph Raz's writings: (i) that Hart's analysis fails to account for what Raz calls ‘detached legal statements’; (ii) that Hart's deployment of the notion of acceptance in his analysis vitiates his legal positivist project (...) because such acceptance necessarily amounts to moral endorsement; and (iii) that Hart is wrong to assume that normative practices, including discursive legal practices, can be characterized satisfactorily by deploying only descriptive statements. I argue that Hart's theory, or at least a theory along the lines that Hart developed, has sufficient resources to handle satisfactorily these criticisms. His world is a noonday world in which sharply outlined figures, most of them more than a little singular, act in describable ways against perceptible backgrounds. Clifford Geertz, speaking of Sir Edward Evan Evans-Pritchard. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart's campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...) program. The paper takes note of certain prevalent and robust trends in contemporary legal philosophy that detract its practitioners from the four prescriptions, and that have them revert to the some older modes of thinking from which Hart sought a decisive break. A number of contemporary legal philosophers' views and commitments are taken up and assessed, and in particular those of John Gardner and Leslie Green. ‘Yet the answer is a prosaic one: don’t ask what time is but how the word ‘time’ is being used’.Friedrich Waismann.I miss the future.Jaron Lanier. (shrink)

This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart’s campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...) program. The paper takes note of certain prevalent and robust trends in contemporary legal philosophy that detract its practitioners from the four prescriptions, and that have them revert to the some older modes of thinking from which Hart sought a decisive break. A number of contemporary legal philosophers’ views and commitments are taken up and assessed, and in particular those of John Gardner and Leslie Green. (shrink)

According to a widely held view, people's commitments to laws are dependent on the existence in their community of a conventional practice of complying with certain fundamental laws. This conventionalism has significantly hampered our attempts to explain the normative practice of law. Ronald Dworkin has argued against conventionalism by bringing up the phenomenon of persistent fundamental legal controversies, but neither Dworkin nor his legal positivist respondents have correctly understood the real significance of such controversies. This article argues that such controversies (...) pose a deep challenge to any conception of our legal practice as a genuinely normative, rule-mediated, practice. The article also argues that what is needed to deflect this challenge is a new understanding – different from the widely held conventionalist understanding – of how people's commitments to laws are predicated on their fellows’ like commitments. (shrink)

Understood one way, the branch of contemporary philosophical ethics that goes by the label “metaethics” concerns certain second-order questions about ethics—questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called “general jurisprudence” deals with certain second-order questions about law—questions not in the law, but rather ones about our thought and talk about (...) the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this volume are aimed at changing this state of affairs. The volume collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines. (shrink)

ABSTRACTWhat does it take for lawyers and others to think or talk about the same legal topic—e.g., defamation, culpability? We argue that people are able to think or talk about the same topic not when they possess a matching substantive understanding of the topic, as traditional metasemantics says, but instead when their thoughts or utterances are related to each other in certain ways. And what determines the content of thoughts and utterances is what would best serve the core purposes of (...) the representational practice within which the thought or utterance is located. In thus favoring a “relational model” in metasemantics, we share Ronald Dworkin's goal of explaining fundamental legal disagreements, and also his reliance on constructive interpretation. But what we delineate is a far more general and explanatorily resourceful metasemantics than what Dworkin articulated, which also bypasses some controversial implications for the nature of law that Dworkin alleged. (shrink)

This paper criticises Kevin Toh’s expressivist reconstruction of H. L. A. Hart’s semantics of legal statements on the grounds that two implications of Toh’s reading are arguably too disruptive to Hart’s theory of law. The first of these implications is that legal statements are rendered indistinguishable from statements of value. The second is that the concept of a rule of recognition is rendered dispensable. I argue for the unacceptability of these consequences from a Hartian standpoint in the first two (...) sections of this paper. The last two sections present an alternative view of Hart’s semantics of legal statements, according to which legal normativity is explained in terms of conformity to patterns of validity that by themselves neither provide objective reasons for action nor entail subjective acceptance of such reasons. (shrink)

The social fact thesis, is, roughly, that law is ultimately a matter of social fact. Mark Greenberg and Kevin Toh have launched transcendental arguments against important or interesting general versions of the social fact thesis. Together, they can be read as posing a dilemma for the thesis. Suppose that many correct assertions of law are normative. Then, according to Toh, the considerations in virtue of which they are correct cannot ultimately be social facts, because the derivation of any normative (...) conclusion requires a normative premise. Suppose that correct assertions of law are not normative. Then, according to Greenberg, they cannot state legal facts in virtue of social facts alone, because the very nature of law requires a particular kind of rational connection between determinants of legal facts and legal facts. Social facts cannot meet this demand; (non-legal) normative facts are needed. In short, Greenberg and Toh together claim that the social fact thesis is consistent with neither the existence nor the normativity of law. This essay meets their challenge. (shrink)

A definition of emotion common to the affective sciences is an urgent desideratum. Lack of such a definition is a constant source of numerous misunderstandings and a series of mostly fruitless debates. There is little hope that there ever will be agreement on a common definition of emotion, given the sacred traditions of the disciplines involved and the egos of the scholars working in these disciplines. Our aim here is more modest. We propose a list of elements for a working (...) definition of emotion and discuss the justification for the inclusion of elements from our respective perspectives (philosophy and psychology). This working partial definition may at least serve as a litmus test to examine theories of emotion, old and new, across disciplinary boundaries. (shrink)

We argue that explainable artificial intelligence (XAI), specifically reason-giving XAI, often constitutes the most suitable way of ensuring that someone can properly be held responsible for decisions that are based on the outputs of artificial intelligent (AI) systems. We first show that, to close moral responsibility gaps (Matthias 2004), often a human in the loop is needed who is directly responsible for particular AI-supported decisions. Second, we appeal to the epistemic condition on moral responsibility to argue that, in order to (...) be responsible for her decision, the human in the loop has to have an explanation available of the system’s recommendation. Reason explanations are especially well-suited to this end and we examine whether – and how – it might be possible to make such explanations fit with AI systems. We support our claims by focusing on a case of disagreement between human in the loop and AI system. (shrink)

An important and engaging book on a key argument in contemporary debates about free will and moral responsibility.

Introduction -- Organization, society and politics -- An Aristotelian perspective -- The politics -- The public good -- The rhetoric -- Talk and texts -- The Nichomachean ethics -- Decision making and ethics -- The Poetics -- Bolshevism to ballet in three steps -- What is "public interest"?: a case study -- Where do we go from here?

This paper presents the results of two corpus studies investigating the discourse surrounding conspiracy theories and genuine theories. The results of these studies show that conspiracy theories lack the epistemic and scientific standing characteristic of theories more generally. Instead, our findings indicate that conspiracy theories are spread in a manner that resembles the dissemination of rumors and falsehoods. Based on these empirical results, we argue that it is time for both re-engineering conspiracy theory and for relabeling "conspiracy theory". We propose (...) relabelling conspiracy theories as either "conspiracy stories" or "conspiracy narratives" to more accurately convey their true nature. (shrink)

Assertions are the centre of gravity in social epistemology. They are the vehicles we use to exchange information within scientific groups and society as a whole. It is therefore essential to determine under which conditions we are permitted to make an assertion. In this paper we argue and provide empirical evidence for the view that the norm of assertion is justified belief: truth or even knowledge are not required. Our results challenge the knowledge account advocated by, e.g. Williamson (1996), in (...) general, and more specifically, put into question several studies conducted by Turri (2013, 2016) that support a knowledge norm of assertion. Instead, the justified belief account championed by, e.g. Douven (2006), seems to prevail. (shrink)

The standard interpretation of quantum mechanics and a standard interpretation of the awareness of pain have a common feature: Both postulate the existence of an irresolvable duality. Whereas many physicists claim that all particles exhibit particle and wave properties, many philosophers working on pain argue that our awareness of pain is paradoxical, exhibiting both perceptual and introspective characteristics. In this chapter, we offer a pessimistic take on the putative paradox of pain. Specifically, we attempt to resolve the supposed paradox by (...) undermining the reasons offered for accepting the introspective side of the dualism. (shrink)

There is growing interest in understanding and eliciting division of labor within groups of scientists. This paper illustrates the need for this division of labor through a historical example, and a formal model is presented to better analyze situations of this type. Analysis of this model reveals that a division of labor can be maintained in two different ways: by limiting information or by endowing the scientists with extreme beliefs. If both features are present however, cognitive diversity is maintained indefinitely, (...) and as a result agents fail to converge to the truth. Beyond the mechanisms for creating diversity suggested here, this shows that the real epistemic goal is not diversity but transient diversity. (shrink)

In _Marx at the Margins_, Kevin Anderson uncovers a variety of extensive but neglected texts by the well-known political economist which cast what we thought we knew about his work in a startlingly different light. Analyzing a variety of Marx’s writings, including journalistic work written for the _New York Tribune_, Anderson presents us with a Marx quite at odds with our conventional interpretations. Rather than providing us with an account of Marx as an exclusively class-based thinker, Anderson here offers (...) a portrait of Marx for the twenty-first century: a global theorist whose social critique was sensitive to the varieties of human social and historical development, including not just class, but nationalism, race, and ethnicity, as well. _Marx at the Margins _ultimately argues that alongside his overarching critique of capital, Marx created a theory of history that was multi-layered and not easily reduced to a single model of development or revolution. Through highly-informed readings on work ranging from Marx’s unpublished 1879–82 notebooks to his passionate writings about the antislavery cause in the United States, this volume delivers a groundbreaking and canon-changing vision of Karl Marx that is sure to provoke lively debate in Marxist scholarship and beyond. (shrink)

This paper advances the conception of social entrepreneurs as caring entrepreneurs. We argue that the care ethics of social entrepreneurs, implying the pursuit of caring goals through caring processes, can be challenged when they engage in the process of scaling up their ventures. We propose that social entrepreneurs can sustain their care ethics as the essential dimension of their venture only if they are able to build a caring enterprise. Organizational care designates the set of organizing principles that facilitate the (...) embedding of care ethics at an organizational level, beyond the imprinting induced by social entrepreneurs’ personal ethics. (shrink)

Existentialism claims that there is no human reality except in action: pragmatism argues that meaning and truth are given only in practice. Wittgenstein calls for attention to forms of life, Marxism calls for attention to doing, and feminism calls for attention to the body. What do these tell us about ritual acts and their connection to spirit and to truth in Christianity and other world religions? Religious rituals have a special status as virtually pure forms of belief in action. Thinking (...) Through Rituals asks how philosophical tools like existentialism and Marxism can help us to understand the thought behind actions such as tasting the Christian host, joining in ceremony and speaking sacred words. Thinking Through Rituals proposes a new philosophical understanding of rituals as mental strategies giving access to knowledge of the world, in opposition to traditional approaches which see rituals as forms of social organization and control. Covering areas including the body, pilgrimage,initiation, sacrifice and art, this is an exciting look at the relationship between doing and meaning which is implied by ritual practice, but most fully explained by philosophical theory. (shrink)

_Challenges conventional understandings of Heidegger’s account of the body._.

Kevin M. Cahill reclaims one of Ludwig Wittgenstein's most passionately pursued endeavors: to reawaken a sense of wonder around human life and language and its mysterious place in the world. Following the philosopher's spiritual and cultural criticism and tying it more tightly to the overall evolution of his thought, Cahill frames an original interpretation of Wittgenstein's engagement with Western metaphysics and modernity, better contextualizing the force of his work. Cahill synthesizes several approaches to Wittgenstein's life and thought. He stresses (...) the nontheoretical aspirations of the philosopher's early and later writings, combining key elements from the so-called resolute readings of the _Tractatus_ with the "therapeutic" readings of _Philosophical Investigations_. Cahill shows how continuity in Wittgenstein's cultural and spiritual concerns informed if not guided his work between these texts, and in his reading of the _Tractatus_, Cahill identifies surprising affinities with Martin Heidegger's _Being and Time_--a text rarely associated with Wittgenstein's early formulations. In his effort to recapture wonder, Wittgenstein both avoided and undermined traditional philosophy's reliance on theory. As Cahill relates the steps of this bold endeavor, he forms his own innovative, analytical methods, joining historicist and contextualist approaches to text-based, immanent readings. The result is an original, sustained examination of Wittgenstein's thought. (shrink)

Therapy for metaphysics -- Concepts, rules, and the spirit of recognition -- Meaning and meanings -- Reference and presence -- Truth and correspondence -- Emancipating theology.

Kevin Scharp proposes an original theory of the nature and logic of truth on which truth is an inconsistent concept that should be replaced for certain theoretical purposes. He argues that truth is best understood as an inconsistent concept, and proposes a detailed theory of inconsistent concepts that can be applied to the case of truth. Truth also happens to be a useful concept, but its inconsistency inhibits its utility; as such, it should be replaced with consistent concepts that (...) can do truth's job without giving rise to paradoxes. To this end, Scharp offers a pair of replacements, which he dubs ascending truth and descending truth, along with an axiomatic theory of them and a new kind of possible-worlds semantics for this theory. He goes to develop Davidson's idea that truth is best understood as the core of a measurement system for rational phenomena, and offers a semantic theory that treats truth predicates as assessment-sensitive and solves the problems posed by the liar and other paradoxes. (shrink)

This paper offers a phenomenological analysis of Heidegger’s account of “the uncanny” as it relates to the coronavirus pandemic. It explores how the pandemic has disrupted Dasein’s sense of “homelike” familiarity and how this disruption has undermined our ability to be, that is, to understand or make sense of things. By examining our experience of temporality, lived-space, and intersubjectivity, the paper illuminates different ways in which the pandemic has left us confused and anxious about our self-interpretations and future projects. The (...) paper concludes by showing how the uncanny is not simply something we feel in times of crisis; it is, for Heidegger, who we are. This means the secure feeling of familiarity that we embodied prior to the pandemic was an illusion all along, that we are not and never have been at-home in the world. (shrink)

Increasingly, epistemologists are becoming interested in social structures and their effect on epistemic enterprises, but little attention has been paid to the proper distribution of experimental results among scientists. This paper will analyze a model first suggested by two economists, which nicely captures one type of learning situation faced by scientists. The results of a computer simulation study of this model provide two interesting conclusions. First, in some contexts, a community of scientists is, as a whole, more reliable when its (...) members are less aware of their colleagues' experimental results. Second, there is a robust tradeoff between the reliability of a community and the speed with which it reaches a correct conclusion. ‡The author would like to thank Brian Skyrms, Kyle Stanford, Jeffrey Barrett, Bruce Glymour, and the participants in the Social Dynamics Seminar at University of California–Irvine for their helpful comments. Generous financial support was provided by the School of Social Science and Institute for Mathematical Behavioral Sciences at UCI. †To contact the author, please write to: Department of Philosophy, Baker Hall 135, Carnegie Mellon University, Pittsburgh, PA 15213-3890; e-mail: [email protected]. (shrink)

One of the core goals of Digital Health Technologies (DHT) is to transform healthcare services and delivery by shifting primary care from hospitals into the community. However, achieving this goal will rely on the collection, use and storage of large datasets. Some of these datasets will be linked to multiple sources, and may include highly sensitive health information that needs to be transferred across institutional and jurisdictional boundaries. The growth of DHT has outpaced the establishment of clear legal pathways to (...) facilitate the collection, use and transfer of potentially sensitive health data. Our study aimed to address this gap with an ethical code to guide researchers developing DHT with international collaborative partners in Singapore. We generated this code using a modified Policy Delphi process designed to engage stakeholders in the deliberation of health data ethics and governance. This paper reports the outcomes of this process along with the key components of the code and identifies areas for future research. (shrink)

This book offers cutting edge research on the modifications and disruptions of bodily experience in the context of anxiety, depression, trauma, chronic illness, pain, and aging. It presents original contributions in applied phenomenology, biomedical ethics, and the use of medical technologies.

This essay explores the unique temporal experience in anxiety. Drawing on first-person accounts as well as examples from literature, I attempt to show how anxiety not only disrupts our physiological and cognitive timing but also disturbs the embodied rhythms of everyday social life. The primary goal, however, is to articulate the extent to which human existence itself is a temporally structured event and to identity the ways that anxiety disrupts this structure. Using Martin Heidegger’s account of human existence as a (...) point of departure, I show how the mood of anxiety has the power to alter our self-interpretations by closing down or constricting our experience of the future. I argue that a constricted future impedes our ability ‘to be’ because it closes off the range of projective meanings that we would ordinarily draw on to create or fashion our identities. (shrink)

The positions of Frege, Russell and Wittgenstein on the priority of complexes over (propositional) functions are sketched, challenging those who take the "judgment centered" aspects of the Tractatus to be inherited from Frege not Russell. Frege's views on the priority of judgments are problematic, and unlike Wittgenstein's. Russell's views on these matters, and their development, are discussed in detail, and shown to be more sophisticated than usually supposed. Certain misreadings of Russell, including those regarding the relationship between propositional functions and (...) universals, are exposed. Wittgenstein's and Russell's views on logical grammar are shown to be very similar. Russell's type theory does not countenance types of genuine entities nor metaphysical truths that cannot be put into words, contrary to conventional wisdom. I relate this to the debate over "inexpressible truths" in the Tractatus. I lastly comment on the changes to Russell's views brought about by Wittgenstein's influence. (shrink)

In Being and Time, Martin Heidegger introduces a unique interpretation of death as a kind of world-collapse or breakdown of meaning that strips away our ability to understand and make sense of who we are. This is an ‘ontological death’ in the sense that we cannot be anything because the intelligible world that we draw on to fashion our identities and sustain our sense of self has lost all significance. On this account, death is not only an event that we (...) can physiologically live through; it can happen numerous times throughout the finite span of our lives. This paper draws on Arthur Frank’s (At the will of the body: reflections on illness. Houghton, Boston, 1991) narrative of critical illness to concretize the experience of ‘ontological death’ and illuminate the unique challenges it poses for health care professionals. I turn to Heidegger’s conception of ‘resoluteness’ (Entschlossenheit) to address these challenges, arguing for the need of health care professionals to help establish a discursive context whereby the critically ill can begin to meaningfully express and interpret their experience of self-loss in a way that acknowledges the structural vulnerability of their own identities and is flexible enough to let go of those that have lost their significance or viability. (shrink)

Colonial encounters in the 1850s: the European impact on India, Indonesia, and China -- Russia and Poland: the relationship of national emancipation to revolution -- Race, class, and slavery: the Civil War as a second American revolution -- Ireland: nationalism, class, and the labor movement -- From the Grundrisse to Capital: multilinear themes -- Late writings on non-western and precapitalist societies -- Conclusion -- Appendix: the vicissitudes of the Marx-Engels Gesamtausgabe from the 1920s to today.