Some say that consent is essentially just a state of mind. Others say it is essentially just a communication. Many say it is both. I say it is neither. Instead it is an act, or rather a pair of acts—an internal mental act in the first instance, an external performative act in the second. Each of those acts is an act of commitment, intrapersonally in the first case and interpersonally in the second. The content of the commitment is, familiarly enough, (...) to give permission to someone else to do something that it would be wrong for them to do without your permission. The novelty lies in seeing consent as an act of commitment in those two dimensions and in seeing those as commitments that persist until and unless undone by an act of a similar sort. (shrink)

On a Cartesian conception of the mind, I could be a solitary being and still have the same mental states as I currently have. This paper asks how the lives of other people fit into this conception. I investigate the second-person perspective—thinking of others as ‘you’ while engaging in reciprocal communicative interactions with them—and argue that it is neither epistemically nor metaphysically distinctive. I also argue that the Cartesian picture explains why other people are special: because they matter not just (...) for the effect that they have on us. (shrink)

The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other types (...) of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

In this paper, I show where Adolf Reinach comes down on the question of conflicts of obligation. The aim is to look at whether Reinach’s phenomenological realism of obligation holds its own against positions developed by Bernard Williams concerning the nature and import of obligations, and their capacity or incapacity to impinge upon each other and other moral and non-moral concerns. It is shown that even if Reinach turns out to succumb to pitfalls Williams identifies, he nonetheless verges upon agreement (...) with Williams in more ways than one might expect. This result is significant because it shows that Reinach’s phenomenological realism, in contrast to certain forms of moral realism, lays the foundations for what can be considered a heterontology of obligation and ethical concerns, which is presupposed by the experience of (moral) conflict in the first place. (shrink)

In this paper, the aim is to explore how there can be a role for expression of affect in illocution, drawing upon some ideas about expression put forward by Karl Bühler. In a first part of the paper, I map some active discussions and open questions surrounding phenomena that seem to involve “expression of affect”. Second, I home in on a smaller piece of that larger puzzle; namely, a consideration of how there may be non-conventional expression of affect. I provide (...) some examples of what I take that to involve and set out some premises for approaching it. In a third section, I motivate such an interest by pointing to a question in speech act theory concerning ‘force conventionalism’. This is whether and how illocution can be performed non-conventionally—that is, whether (at least some) utterances can be communicated with illocutionary force without need of convention. I propose that where expression of affect may occur non-conventionally, it may in turn constitute one important route through which at least some kinds of illocution are achieved. In the fourth part of the paper, I sketch an account of such non-conventional expression of affect for the purposes of illocution, by exploring a broadly Bühlerian account of some affects; namely, that some affects are teleological in character, that coordinations may be involved in their satisfactional states, and that uptake of the expressed affect constitutes one subset of such satisfactional states. That exposition points to the contemporary relevance of the “action theory of expression” proposed by Bühler. (shrink)

Although there have been efforts to integrate Semantic Web technologies and artificial agents related AI research approaches, they remain relatively isolated from each other. Herein, we introduce a new ontology framework designed to support the knowledge representation of artificial agents’ actions within the context of the actions of other autonomous agents and inspired by standard cognitive architectures. The framework consists of four parts: 1) an event ontology for information pertaining to actions and events; 2) an epistemic ontology containing facts about (...) knowledge, beliefs, perceptions and communication; 3) an ontology concerning future intentions, desires, and aversions; and, finally, 4) a deontic ontology for modeling obligations and prohibitions which limit agents’ actions. The architecture of the ontology framework is inspired by deontic cognitive event calculus as well as epistemic and deontic logic. We also describe a case study in which the proposed DCEO ontology supports autonomous vehicle navigation. (shrink)

Dewey’s social ontology could be characterized as a habit ontology, an ontology of habit qua second nature that offers us an account of intentionality, social statuses, institutions, and norms in terms of habituations. Such an account offers us a promising alternative to contemporary intentionalist and deontic approaches to social ontology such as Searle’s. Furthermore, it could be the basis of a social ontology better suited to explain both the maintenance and the transformation of social reality. In the first part I (...) will characterize Dewey’s model as a social ontology based on the notion of habit, and present it as an alternative to intentionalist approaches to social reality. In the second part I will argue that habit ontology offers us an account of social norms that is based on a peculiar understanding of the notion of ‘status’, and represents an alternative to deontic accounts. In the third part I will claim that Dewey’s notion of “public” offers us a dynamic understanding of social institutions and a ‘reactive’ notion of collective intentionality as an achievement rather than as a presupposition of social practices. In the final section I will summarize some advantages of the Deweyan over the Searlean social ontology concerning our understanding of acceptance, maintenance and transformation of statuses, and of the role played by the ‘background’. (shrink)

The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...) does not sufficiently respect property rights is likely to be a totalitarian state, and will also be likely to fail to respect rights of other sorts. (shrink)

My primary goal in this paper is to defend the plausibility of Kripke’s thesis that there are contingent a priori truths, and to fill out some gaps in Kripke’s own account of these truths. But the strategy here adopted is, to the best of my knowledge, still unexplored and different from the one adopted both by Kripke himself and by his critics. I first argue that Kripke’s examples of such truths can only be legitimate if seen as introduced by performative (...) utterances sense). And, if this is so, we can apply the machinery of illocutionary act theory to these utterances to explain how one can have a priori knowledge of some contingent facts generated by the utterances themselves. I shall argue that the overall strategy can fill out two gaps in Kripke’s original account: first, we can explain the nature of the truth-makers of contingent a priori truths sense, broadly conceived) and, second, we can explain how contingent a priori knowledge can be transmitted from one speaker to another. (shrink)

We almost every day direct our actions with reference to social, moral or legal norms and oughts. However, oughts and norms cannot be perceived through the senses: how can we “grasp” them, then? Adolf Reinach distinguishes enacted norms and oughts created through a social act of enactment, from moral norms and oughts existing in themselves independently of any act, knowledge or experience. I argue that this distinction is not a distinction between two species of oughts within a common genus: it (...) is rather a deeper ontological distinction between two modes of existence that are quite different, even though both are objective, according to Reinach. This ontological distinction is reflected in the way in which enacted oughts and moral oughts can be grasped, respectively: in the former case, the enacted ought is grasped by going back to the underlying social act from which it springs; in the latter, a “grasping through feeling” of the moral values is implied. (shrink)

This paper addresses two questions. First can a binding promise conflict with other binding promises and thereby generate conflicting obligations? Second can binding promises conflict with other non-promissory obligations, so that we are obliged to keep so-called ‘wicked promises’? The answer to both questions is ‘yes’. The discussion examines both ‘natural right’ and ‘social practice’ approaches to promissory obligation and I conclude that neither can explain why we should be unable to make binding promises that conflict with our prior obligations. (...) There is also consideration of the parallel case of ‘wicked commands’. (shrink)

According to an influential hypothesis, the speech act of assertion is subject to a single 'constitutive' rule, that takes the form: "One must: assert that p only if p has C". Scholars working on assertion interpret the assumption that this rule is 'constitutive' in different ways. This disagreement, often unacknowledged, threatens the foundations of the philosophical debate on assertion. This paper reviews different interpretations of the claim that assertion is governed by a constitutive rule. It argues that once we understand (...) the full import of assuming that assertion is governed by a constitutive rule, it becomes clear that some fundamental assumptions of the current debate are mistaken, and others unwarranted. (shrink)

This article offers an analysis of intentionality for virtual objects and explores some of the ethical implications of this analysis. The main example which serves as a motivation for the article is the case of a Chinese gamer who, in 2005, committed murder in retaliation for the theft of a virtual object, the theft of his virtual dragon sabre. The intentional analysis reveals that the way in which we experience virtual objects shares a structural similarity with the way in which (...) we experience physical objects. Both virtual and physical objects are accessible through action and intersubjectively available. The final part of the article introduces three ethical points based on the intentional analysis. First, virtual objects can have the same ethical significance as physical objects. Second, it will be important to consider empirical results on the factors which influence one’s subjective level of immersion in the virtual world. Finally, the intentional analysis of virtual objects suggests specific questions for future research. (shrink)

The authors outline the way in which documents as social objects have evolved from their earliest forms to the electronic documents of the present day. They note that while certain features have remained consistent, processes regarding document authentication are seriously complicated by the easy reproducibility of digital entities. The authors argue that electronic documents also raise significant questions concerning the theory of ‘documentality’ advanced by Maurizio Ferraris, especially given the fact that interactive documents seem to blur the distinctions between the (...) static documents (or ‘inscriptions’) which form Ferraris’s starting point, and dynamic software processes. The authors argue further that the Ferraris view as applied to legal documents is flawed because of the fact that courts may treat contractual obligations as enduring even in spite of a complete absence of enduring inscriptions. Finally, the authors note that traces in brains, another important family of inscriptions (as Ferraris conceives them), differ significantly from genuinely documentary inscriptions by their lack of public inspectability. (shrink)

Most people believe some moral propositions are true. Most people would say that they know that rape is wrong, torturing people is wrong, and so on. But despite decades of intense epistemological study, philosophers cannot even provide a rudimentary sketch of moral knowledge. In my view, the fact that we have very strong epistemic confidence in some fundamental moral propositions and the fact that it is extremely difficult for us to provide even the basics of an account of moral knowledge (...) gives us an important clue. Both of these facts stem from the very nature of moral knowledge. In this paper I provide an intuitionist account of moral knowledge. I try to remove misunderstanding and add to our understanding of the contemporary account of self-evident moral propositions. For a theory of moral knowledge to be acceptable it must explain both the moral knowledge we have and why it is so very difficult for us to explain. My theory meets both requirements. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance by (...) a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

The aim of the article is to characterise and analyse Paul Amselek’s research approach to legal hermeneutics. The text provides an outline of Amselek’s assumptions and theses about legal interpretation, considered in the broad context of hermeneutics, and in the narrower context of legal logic and argument. In point of fact, one of the methodological aims of Amselek’s philosophical reflection is to harmonise the two indicated contexts for framing interpretation — the wide context of hermeneutics, and the more narrow context (...) of legal logic and argument. Amselek refers to issues in communication theory, reaching beyond the hermeneutic concept of text interpretation and evocation of the original authorial intention. He analyses the legal text-message in its content and argument layers, he also endeavours to specify the methodological possibilities of interpreting the attitudes and motivations of subjects — participants in communication situation. He also inquires about the ethical attitudes of jurisdiction authorities, performing the interpretation of a body of law — the subjects responsible for lawmaking and the execution of law. Adopting post-Enlightenment anthropological assumptions, Amselek accepts the primacy of rationality in cognition, decision making, and activity of the human individual. However, in his considerations on interpretation he concurrently underscores the role of affective factors, motivating many choices and actions made by legal subjects. (shrink)

Desires matter. What are desires? Many believe that desire is a motivational state: desiring is being disposed to act. This conception aligns with the functionalist approach to desire and the standard account of desire's role in explaining action. According to a second influential approach, however, desire is first and foremost an evaluation: desiring is representing something as good. After all, we seem to desire things under the guise of the good. Which understanding of desire is more accurate? Is the guise (...) of the good even right to assume? Should we adopt an alternative picture that emphasizes desire's deontic nature? What do neuroscientific studies suggest? -/- Essays in the first section of the volume are devoted to these questions, and to the puzzle of desire's essence. In the second part of the volume, essays investigate some implications that the various conceptions of desire have on a number of fundamental issues. For example, why are inconsistent desires problematic? What is desire's role in practical deliberation? How do we know what we want? -/- This volume will contribute to the emergence of a fruitful debate on a neglected, albeit crucial, dimension of the mind. (shrink)

The thesis defended, the “guise of the ought”, is that the formal objects of desires are norms (oughts to be or oughts to do) rather than values (as the “guise of the good” thesis has it). It is impossible, in virtue of the nature of desire, to desire something without it being presented as something that ought to be or that one ought to do. This view is defended by pointing to a key distinction between values and norms: positive and (...) negative norms (obligation and interdiction) are interdefinable through negation; positive and negative values aren’t. This contrast between the norms and values, it is argued, is mirrored, within the psychological realm, by the contrast between the desires and emotions. Positive and negative desires are interdefinable through negation, but positive and negative emotions aren’t. The overall, Meinongian picture suggested is that norms are to desires what values are to emotions. (shrink)

Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...) an entity in its own right)? And how do people come to have social obligations or permissions in the first place? In this dissertation, I argue that such social-deontic phenomena can be accounted for ontologically in terms of the existence of shared prescriptive representational content that is backed by collectively held dispositions to monitor for compliance, and to punish (sanction, blame, chide, look unfavorably upon) those who fail to comply. (shrink)

In this paper, I discuss the possibility of reading the description of promise presented by Reinach in The Apriori Foundations of the Civil Law under the light of Husserl’s Ideas I. In order to present my argument, first, I briefly present the phenomenological method proposed by Husserl in Ideas I highlighting eidetic reduction. Second, I present the Reinachian description of social acts emphasizing the act of promising. Third, and finally, I try to demonstrate that the Reinachian description of the social (...) act of promising is the description of a universal and necessary relation, a synthetic and a priori statement and corresponds to the idea of promise. (shrink)

The thesis examines the theoretical relationship between law and ethics. Its methodology is informed by both the existentialist tradition of ethical phenomenology and the natural law tradition in legal theory. The main claim of the thesis is that a phenomenological analysis of ethical experience, as suggested by the writings of existentialist authors such as Jean-Paul Sartre and Emmanuel Levinas, provides important support for the natural law tradition. This claim is developed and defended through detailed engagement with the natural law theory (...) of John Finnis. Specifically, I contend that Finnis’ account of moral reasoning as applying the principles of practical reasonableness to a context of self-evident, basic values gains significant support from a phenomenological theory of ethical experience. Finnis’ emphasis on the irreducible role of choice in moral deliberation also finds support in the existentialist tradition. However, I criticise some key aspects of Finnis’ theory, including his emphasis on the transcendental character of the basic values and his account of legal obligation. I begin by outlining some central features of the existentialist approach to philosophy. I advance an interpretation of existentialism as ethical phenomenology. I then discuss some possible methodological connections between the existentialist and natural law traditions. This discussion provides the methodological framework for the remainder of the thesis. The thesis develops and defends a substantially original theory of the relationships between law, ethics and politics. The exposition begins with an account of the relationship between law and community that draws upon the work of Finnis and G. W. F. Hegel. I then outline a phenomenological theory of ethical experience, drawing in particular on the writings of Sartre and Levinas. I employ this phenomenological account of ethics to develop a conception of moral reasoning as reflective, good faith engagement with pre-reflective social judgements of ethical significance. This view of ethical experience and moral reasoning is then used as the basis for an examination of the concept of law and its relationship to political discourse. I turn next to the notions of legal authority and obligation. I argue that law, in the focal sense of the term, presents a generic, peremptory obligation that is necessarily moral in character. In the course of the argument, I critically discuss the conceptions of legal authority proposed by Joseph Raz, Adolf Reinach, H. L. A. Hart, John Rawls, Finnis, Jacques Derrida and Hans Kelsen. This view of legal obligation entails there are fundamental moral conditions that positive rules must satisfy to qualify as law, in the focal sense. I explore the nature of the moral framework created by these conditions through a detailed analysis of the ethical foundations of political discourse. I argue that political discourse is founded upon an ontological apprehension of the nature of humans as free, ethical beings, which finds expression in a developed notion of political freedom. I suggest that the distinction between positive and negative forms of freedom advanced by Isaiah Berlin is best understood in terms of the different types of political claims invoked by those conceptions. I develop this theory by reference to the work of Charles Taylor, Gerald C. MacCallum, Wesley Newcomb Hohfeld, W. D. Ross, Robert Nozick and F. A. Hayek. I conclude by discussing the role of ethical experience in the interpretation of legal materials. I argue that ethical judgements play an irreducible role in constructing the natural interpretive context for judicial reasoning. I engage with the work of Hart, Lon L. Fuller, Martin Heidegger, Hans-Georg Gadamer, Ferdinand de Saussure and Ronald Dworkin, among others. In the final substantive chapter of the thesis, the potential for ethical judgements to play a constructive role in judicial action is illustrated through a detailed discussion of the doctrine of government neutrality. (shrink)

This paper is in two parts. Part 1 examines the phenomenon of making space as a process involving one or other kind of legal decision-making, for example when a state authority authorizes the creation of a new highway along a certain route or the creation of a new park in a certain location. In cases such as this a new abstract spatial entity comes into existence – the route, the area set aside for the park – followed only later by (...) concordant changes in physical reality. In Part 2 we show that features identified in studying this phenomenon of legal spacemaking can be detected in other spheres of human activity, for example in planning (where spacemaking is projected into the future), and in reasoning about history (where spacemaking is projected back through time). We shall see that these features display themselves in especially complex ways in our everyday use of language, and we conclude by examining the implications of this complexity for attempts to create an artificial intelligence that would enjoy a mastery of language that would be equivalent to that of human beings. (shrink)

It is now generally recognized that figures such as Reid, Peirce, and Reinach formulated theories of speech acts avant la lettre of Austin and Searle, in Reid and Reinach’s cases under the heading ‘theory of social acts’. Here we address the question as to what conditions would have to be satisfied for such theories to count as ‘theories of speech acts’ in the now familiar sense.