We examine contemporary game-theoretic accounts of ownership as a convention. New results from dynamic networks complicate matters, suggesting that if ownership is conventional, it should not be as...

ABSTRACTConventionalism once seemed an attractive way to justify the viability of the positivistic social thesis. Subsequent criticism, however, has significantly lessened its attractiveness. This paper attempts to revive jurisprudential interest in conventionalism by claiming that positivists would profit more from the conventionalism of Ruth G. Millikan than that of David Lewis.Three arguments are proffered to support this contention. First, Millikan's conventionalism is not vulnerable to the major criticism leveled at conventionalism, viz its compliance-dependence, as this is not its defining feature. (...) Second, Millikanian conventionalism retains conventionalism's ability to explain how law emerges from social practices while avoiding the main disadvantage of Lewisian conventionalism, viz its inability to explain the normativity and contestability of law. Third, Millikan's conventionalism can more effectively repel Dworkin's and Greenberg's assaults on legal positivism than its Lewisian counterpart.To the memory of Maurice O'Brien. (shrink)

Consider the following claim: given the choice between saving a life and preventing any number of people from temporarily experiencing a mild headache, you should always save the life. Many moral theorists accept this claim. In doing so, they commit themselves to some form of ‘moral absolutism’: the view that there are some moral considerations that cannot be outweighed by any number of lesser moral considerations. In contexts of certainty, it is clear what moral absolutism requires of you. However, what (...) does it require of you when deciding under risk? What ought you to do when there is a chance that, say, you will not succeed in saving the life? In recent years, various critics have argued that moral absolutism cannot satisfactorily deal with risk and should, therefore, be abandoned. In this paper, we show that moral absolutism can answer its critics by drawing on—of all things—orthodox expected utility theory. (shrink)

Arbitrariness is a distinctive feature of human language, and a growing body of comparative work is investigating its presence in animal communication. But what is arbitrariness, exactly? We propose to distinguish four notions of semiotic arbitrariness: a notion of opaque association between sign forms and semiotic functions, one of sign‐function mapping optionality, one of acquisition‐dependent sign‐function coupling, and one of lack of motivatedness. We characterize these notions, illustrate the benefits of keeping them apart, and describe two reactions to our proposal: (...) abandoning arbitrariness‐talk in favor of the newly introduced conceptual vocabulary, or feeding the distinctions back into the parent concept. (shrink)

Arbitrariness is a distinctive feature of human language, and a growing body of comparative work is investigating its presence in animal communication. But what is arbitrariness, exactly? We propose to distinguish four notions of semiotic arbitrariness: a notion of opaque association between sign forms and semiotic functions, one of sign-function mapping optionality, one of acquisition-dependent sign-function coupling, and one of lack of motivatedness. We characterize these notions, illustrate the benefits of keeping them apart, and describe two reactions to our proposal: (...) abandoning arbitrariness-talk in favor of the newly introduced conceptual vocabulary, or feeding the distinctions back into the parent concept. (shrink)

Standard accounts hold that regularities of behavior must be arbitrary to constitute a convention. Yet, there is growing consensus that conventionality is a graded phenomenon, and that conventions can be more or less natural. I develop an account of natural conventions that distinguishes two basic dimensions of conventional naturalness: a probabilistic dimension and an inherent one. A convention is probabilistically natural if it is likely to emerge in a population of agents, and inherently natural if its content is a regularity (...) that scores high on relevant measures for naturalness. I motivate the proposal on conceptual grounds and then showcase its descriptive benefits by discussing two case studies in language: the tendency towards word-length optimality and the prevalence of shape opacity in spoken language vocabularies. (shrink)

The central philosophical task posed by conventions is to analyze what they are and how they differ from mere regularities of action and cognition. Subsidiary questions include: How do conventions arise? How are they sustained? How do we select between alternative conventions? Why should one conform to convention? What social good, if any, do conventions serve? How does convention relate to such notions as rule, norm, custom, practice, institution, and social contract? Apart from its intrinsic interest, convention is important because (...) philosophers frequently invoke it when discussing other topics. A favorite philosophical gambit is to argue that, perhaps despite appearances to the contrary, some phenomenon ultimately results from convention. Notable candidates include: property, government, justice, law, morality, linguistic meaning, necessity, ontology, mathematics, and logic. (shrink)