It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...) law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

This paper demarcates a theoretically interesting class of "evaluational adjectives." This class includes predicates expressing various kinds of normative and epistemic evaluation, such as predicates of personal taste, aesthetic adjectives, moral adjectives, and epistemic adjectives, among others. Evaluational adjectives are distinguished, empirically, in exhibiting phenomena such as discourse-oriented use, felicitous embedding under the attitude verb `find', and sorites-susceptibility in the comparative form. A unified degree-based semantics is developed: What distinguishes evaluational adjectives, semantically, is that they denote context-dependent measure functions ("evaluational (...) perspectives")—context-dependent mappings to degrees of taste, beauty, probability, etc., depending on the adjective. This perspective-sensitivity characterizing the class of evaluational adjectives cannot be assimilated to vagueness, sensitivity to an experiencer argument, or multidimensionality; and it cannot be demarcated in terms of pretheoretic notions of subjectivity, common in the literature. I propose that certain diagnostics for "subjective" expressions be analyzed instead in terms of a precisely specified kind of discourse-oriented use of context-sensitive language. I close by applying the account to `find x PRED' ascriptions. (shrink)

Fifty years have passed since brain death was first proposed as a criterion of death. Its advocates believe that with the destruction of the brain, integrated functioning ceases irreversibly, somatic unity dissolves, and the organism turns into a corpse. In this article, I put forward two objections against this assertion. First, I draw parallels between brain death and other pathological conditions and argue that whenever one regards the absence or the artificial replacement of a certain function in these pathological conditions (...) as compatible with organismic unity, then one equally ought to tolerate that function’s loss or replacement in brain death. Second, I show that the neurological criterion faces an additional problem that is only coming to light as life-supporting technology improves: the growing sophistication of the latter gives rise to a dangerous decoupling of the actual performance of a vital function from the retention of neurological control over it. Half a century after its introduction, the neurological criterion is facing the same fate as its cardiopulmonary predecessor. (shrink)

A common feature of all standard theories of the laws of nature is that they are "absolutist": They take laws to be either all metaphysically necessary or all contingent. Science, however, gives us reason to think that there are laws of both kinds, suggesting that standard theories should make way for "non-absolutist" alternatives: theories which accommodate laws of both modal statuses. In this paper, we set out three explanatory challenges for any candidate non-absolutist theory and discuss the prospects of the (...) two extant candidates in light of these challenges. We then develop our own non-absolutist theory, the essentialist DTA account, which combines the nomic-necessitation or DTA account with an essentialist approach to metaphysical modality in order to meet the three explanatory challenges. Finally, we argue that the distinction between kinematical and dynamical laws found in physical theories supports both non-absolutism in general and our proposed essentialist DTA view in particular. (shrink)

Who should be diagnosed with intellectual disability and who should not? For borderline cases, the answer to this question may be as difficult to decide on as determining the borderline between being bald or not. While going bald may be upsetting to some, it is also an inevitable and relatively undramatic course of nature. In contrast, getting a diagnosis of intellectual disability is likely to have more far-reaching consequences. This makes the question of where the cutoff point for intellectual disability (...) lies more imperative. Philosophy of science may help psychologists to understand the nature of this dilemma in a more profound manner. This article builds on the sorites paradox to explore the vagueness that surrounds the concept of intellectual disability and the consequences of this vagueness for the diagnostic process. While epistemicists argue that vagueness is a consequence of our limited knowledge of the world that we live in, semantic theorists claim that there is nothing that we do not know, but that our language allows for indecisiveness. What these different lines of understanding mean for psychologists who are diagnosing intellectual disability, is described in this article. Furthermore, the article discusses practical implications of these philosophical underpinnings. (shrink)

If there are fundamental laws of nature, can they fail to be exact? In this paper, I consider the possibility that some fundamental laws are vague. I call this phenomenon 'fundamental nomic vagueness.' I characterize fundamental nomic vagueness as the existence of borderline lawful worlds and the presence of several other accompanying features. Under certain assumptions, such vagueness prevents the fundamental physical theory from being completely expressible in the mathematical language. Moreover, I suggest that such vagueness can be regarded as (...) 'vagueness in the world.' For a case study, we turn to the Past Hypothesis, a postulate that (partially) explains the direction of time in our world. We have reasons to take it seriously as a candidate fundamental law of nature. Yet it is vague: it admits borderline (nomologically) possible worlds. An exact version would lead to an untraceable arbitrariness absent in any other fundamental laws. However, the dilemma between fundamental nomic vagueness and untraceable arbitrariness is dissolved in a new quantum theory of time's arrow. (shrink)

Noniterative approaches to the sorites paradox accept single steps of soritical reasoning, but deny that these can be combined into valid chains of soritical reasoning. The distributed sorites is a puzzle designed to undermine noniterative approaches to the sorites paradox, by deriving an inconsistent conclusion using only single steps, but not chains, of soritical reasoning. This paper shows how a dialetheist version of the noniterative approach, the strict-tolerant approach, also solves the distributed sorites paradox, at no further cost, by accepting (...) the inconsistent conclusion. (shrink)

This paper argues that “free will” is vague. The argument has two steps. First, I argue that free will is a matter of degrees and, second, that there are no sharp boundaries separating free decisions and actions and non‐free ones. After presenting the argument, I focus on one significant consequence of the thesis, although others are mentioned along the way. In short, considerations of vagueness help understand the logic behind so‐called manipulation arguments, but also show why these arguments are ultimately (...) flawed. (shrink)

Despite its apparent complexity, our world seems to be governed by simple laws of physics. This volume provides a philosophical introduction to such laws. I explain how they are connected to some of the central issues in philosophy, such as ontology, possibility, explanation, induction, counterfactuals, time, determinism, and fundamentality. I suggest that laws are fundamental facts that govern the world by constraining its physical possibilities. I examine three hallmarks of laws--simplicity, exactness, and objectivity--and discuss whether and how they may be (...) associated with laws of physics. (shrink)

Ethics in the tradition of Derek Parfit’s Reasons and Persons is riddled with sorites-like arguments, which lead us by what seem innocent steps to seemingly false conclusions. Take, for example, spectrum arguments for the Repugnant Conclusion that appeal to slight differences in quality of life. Several authors have taken the view that, since spectrum arguments are structurally analogous to sorites arguments, the correct response to spectrum arguments is structurally analogous to the correct response to sorites arguments. This sorites analogy is (...) here argued against. There are potential structural disanalogies between spectrum arguments and sorites arguments. But even if these arguments are relevantly structurally analogous, they differ in their content in ways that show the sorites analogy to be implausible. Two content-based disanalogies are here explored—one is inspired by Parfit’s work on reductionism, and the other involves hypersensitivity. The chapter concludes with a methodological lesson. (shrink)

When does a human being cease to exist? For millennia, the answer to this question had remained largely unchanged: death had been diagnosed when heartbeat and breathing were permanently absent. Only comparatively recently, in the 1950s, rapid developments in intensive-care medicine called into question this widely accepted criterion. What had previously been deemed a permanent cessation of vital functions suddenly became reversible. -/- A new criterion of death was needed. It was suggested that the destruction of the brain could indicate (...) the death of the organism in the presence of external life support. Soon the so-called brain death became the new worldwide standard. In recent years, however, doubts about this neurological criterion have been growing. Is brain death really our death? -/- This is the question that this thesis seeks to answer. To this end, we shall connect the medical debate about the definition of death to the philosophical debate about personal identity. While we will find that the destruction of its brain does in fact not correspond to an organism’s death, we shall also ask whether the assumption that we are essentially organisms is correct. May brain death be the ceasing to exist of a different entity? -/- Substituting clinical case reports and considerations about human physiology for the use of thought experiments, the thesis takes a novel and philosophically unconventional approach to the problem of what we essentially are. We shall analyse various pathological conditions and their respective effects on the bodily and mental characteristics of our existence. We will conclude that brain death is indeed our death – but for reasons entirely different from those cited in the original justification of this criterion. (shrink)

In a quantum universe with a strong arrow of time, it is standard to postulate that the initial wave function started in a particular macrostate---the special low-entropy macrostate selected by the Past Hypothesis. Moreover, there is an additional postulate about statistical mechanical probabilities according to which the initial wave function is a ''typical'' choice in the macrostate. Together, they support a probabilistic version of the Second Law of Thermodynamics: typical initial wave functions will increase in entropy. Hence, there are two (...) sources of randomness in such a universe: the quantum-mechanical probabilities of the Born rule and the statistical mechanical probabilities of the Statistical Postulate. I propose a new way to understand time's arrow in a quantum universe. It is based on what I call the Thermodynamic Theories of Quantum Mechanics. According to this perspective, there is a natural choice for the initial quantum state of the universe, which is given by not a wave function but by a density matrix. The density matrix plays a microscopic role: it appears in the fundamental dynamical equations of those theories. The density matrix also plays a macroscopic / thermodynamic role: it is exactly the projection operator onto the Past Hypothesis subspace. Thus, given an initial subspace, we obtain a unique choice of the initial density matrix. I call this property "the conditional uniqueness" of the initial quantum state. The conditional uniqueness provides a new and general strategy to eliminate statistical mechanical probabilities in the fundamental physical theories, by which we can reduce the two sources of randomness to only the quantum mechanical one. I also explore the idea of an absolutely unique initial quantum state, in a way that might realize Penrose's idea of a strongly deterministic universe. (shrink)