How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...) in this paper. I will try to characterize the law in terms of the layered account of collective intentionality that I have introduced in some earlier writings (Schmitz 2013; 2018). In the light of this account I will then discuss a traditional question in the philosophy of law: the relation between law and morality. I begin by giving a brief sketch of the layered account in the next section. Collective intentionality should be understood in terms of experiencing and representing others as co-subjects, rather than as objects, of intentional states and acts on different layers or levels. I distinguish the nonconceptual layer of the joint sensory-motor-emotional intentionality of joint attention and joint bodily action, the conceptual level of shared we-mode beliefs, intentions, obligations, values, and so on, and the institutional level characterized through role differentiation, positions taken in role-mode, e.g. as a judge or attorney, and writing and other forms of documentation. In the third section I introduce a set of parameters for representations such as their degree of richness, of context-dependence, of density and differentiation of representational role and of durability and stability, which can be used to more precisely distinguish different layers. I also put forward the hypothesis that these properties are connected and tend to cluster, and that higher levels can only function and determine conditions of satisfaction against lower level ones. In the fourth and final section I critically discuss the sharp positivistic separation of morality and the law according to which whether something is a law is completely independent of its moral merits. I argue that this only seems plausible if we take an observational stance towards the law, but not towards morality. When we treat them the same way, it rather appears that the moral attitudes of the co-subjects of a society will determine whether and to what extent they will accept its legal order. I conclude by proposing to think of the law as being itself an institutionalized form of morality. (shrink)

Mercier and Sperber (2011a, 2011b; Mercier, 2011a, 2011b, 2011c, and 2011d) have presented a stimulating and provocative new theory of reasoning: the argumentative theory of reasoning. They maintain that argumentation is a meta-representational module. In their evolutionary view of argumentation, the function of this module would be to regulate the flow of information between interlocutors through persuasiveness on the side of the communicator and epistemic vigilance on the side of the audience. The aim of this paper is to discuss the (...) perspective of the authors in which they conceive this competence as the natural scenario of reflective reasoning. (shrink)

The present paper proposes an integrative account of social forms of practical irrationality and corresponding disruptions of individual and group-level emotion regulation. I will especially focus on disruptions in emotion regulation by means of collaborative agential and doxastic akrasia. I begin by distinguishing mutual, communal and collaborative forms of akrasia. Such a taxonomy seems all the more needed as, rather surprisingly, in the face of huge philosophical interest in analysing the possibility, structure and mechanisms of individual practical irrationality, with very (...) little exception, there are no comparable accounts of social and collaborative cases. However, I believe that, if it is true that individual akrasia is, in the long run, harmful for those who entertain it, this is even more so in social contexts. I will illustrate this point by drawing on various small group settings, and explore a number of socio-psychological mechanisms underlying collaborative irrationality, in particular groupthink. Specifically, I suggest that in collaborative cases there is what I call a spiralling of practical irrationality at play. I will argue that this is typically correlated and indeed partly due to biases in individual members' affect control and eventually the group's with whom the members identify. (shrink)

Despite growing appreciation in recent decades of the importance of shared intentional mental states as a foundation for everything from divergences in primate evolution, to the institution of communal norms, to trends in the development of modernity as a socio-political phenomenon, we lack an adequate understanding of the relationship between individual and shared intentionality. At the same time, it is widely appreciated that deontic reasoning concerning what ought, may, and ought not be done is, like reasoning about our intentions, an (...) exercise of practical rationality. Taking advantage of this fact, I use a plan-theoretic semantics for the deontic modalities as a basis for understanding individual and shared intentions. This results in a view that accords well with what we currently have reason to believe about the phylogenetic and ontogenetic development of norm psychology and shared intentionality in human beings, and where original intentionality can be understood in terms of the shared intentionality of a community. (shrink)

This paper describes and defends in detail a novel account of belief, an account inspired by Ryle's dispositional characterization of belief, but emphasizing irreducibly phenomenal and cognitive dispositions as well as behavioral dispositions. Potential externalist and functionalist objections are considered, as well as concerns motivated by the inevitably ceteris paribus nature of the relevant dispositional attributions. It is argued that a dispositional account of belief is particularly well-suited to handle what might be called "in-between" cases of believing - cases in (...) which it is neither quite right to describe a person as having a particular belief nor quite right to describe her as lacking it. (shrink)

An argument, different from the Newman objection, against the view that the cognitive content of a theory is exhausted by its Ramsey sentence is reviewed. The crux of the argument is that Ramsification may ruin inductive systematization between theory and observation. The argument also has some implications concerning the issue of underdetermination.

This survey article discusses the pragmatist tradition in twentieth century philosophy of science. Pragmatism, originating with Charles Peirce's writings on the pragmatic maxim in the 1870s, is a background both for scientific realism and, via the views of William James and John Dewey, for the relativist and/or constructivist forms of neopragmatism that have often been seen as challenging the very ideas of scientific rationality and objectivity. The paper shows how the issue of realism arises in pragmatist philosophy of science and (...) how some pragmatists, classical and modern, have attempted to deal with it. Various dimensions of the realism dispute are thus discussed, especially realism as contrasted to instrumentalism and realism as contrasted to relativism/constructivism. It is argued that the pragmatist tradition cannot avoid these tensions but is largely constituted by them. (shrink)

Due to the logical relations between theism and intelligent design (id), there are two challenges to theism that also apply to id. In the falsifiability challenge, it is charged that theism is compatible with every observation statement and thus asserts nothing. I argue that the contentious assumptions of this challenge can be avoided without loss of precision by charging theism (and thus id) directly with the lack of observational assertions. In the translatability challenge, it is charged that theism can be (...) translated into a (non-theistic) set of observation statements without loss of cognitive content. I argue that the contentious assumptions of this challenge are avoided by the related charge that the (non-theistic) evolutionary theory makes all the observational assertions of id, while the converse does not hold. Elliott Sober has argued that id meets the falsifiability challenge, but, since it makes almost no observational assertions, is not testable. I point out two problems with Sober’s argument and show that id is both deductively and probabilistically testable. Sober’s argument, I suggest, inconsistently combines the modified falsifiability challenge with the modified translatability challenge. If his claims about id’s observational assertions are true, however, id succumbs to the modified translatability challenge. (shrink)

Statements about the behavior of biochemical entities (e.g., about the interaction between two proteins) abound in the literature on molecular biology and are increasingly becoming the targets of information extraction and text mining techniques. We show that an accurate analysis of the semantics of such statements reveals a number of ambiguities that have to be taken into account in the practice of biomedical ontology engineering: Such statements can not only be understood as event reporting statements, but also as ascriptions of (...) dispositions or tendencies that may or may not refer to collectives of interacting molecules or even to collectives of interaction events. (shrink)

We argue that conceptual analyses of collective action should be informed by game-theoretic analyses of collective action. In particular, we argue that Ariel Rubenstein’s so-called ‘Electronic Mail Game’ provides a useful model of collective action, and of the formation of collective intentions.

Relationships between empirical and philosophical approaches to the law have not been always peaceful. Agreement seems the most natural way to build up and implementing regulations and justice within human-machine inter-faces (natural and artificial societies), and might help to bridge the gap between both theoretical approaches. Recent researches on relational law, relational jus-tice, crowdsourcing, regulatory systems and regulatory models are introduced. These concepts need further clarification, but they stand as political companions to more standard conceptions of law in the Semantic (...) Web. (shrink)

In this paper, a solution to the problem of theoretical terms is developed that is based on Carnap’s doctrine of indirect interpretation of theoretical terms. This doctrine will be given a semantic, model-theoretic explanation that is not given by Carnap himself as he remains content with a syntactic explanation. From that semantic explanation, rules for the truth-value assignment to postulates, i.e. sentences that determine the meaning of theoretical terms, are derived. The logical status of postulates will be clarified thereby in (...) such a way that the problem of theoretical terms disappears. (shrink)

Putnam originally developed his causal theory of meaning in order to support scientific realism and reject the notion of incommensurability. Later he gave up this position and adopted instead what he called ‘internal realism’, but apparently without changing his mind on topics related to his former philosophy of language. The question must arise whether internal realism, which actually is a species of antirealism, is compatible with the causal theory of meaning. In giving an answer I begin with an analysis of (...) the content and metaphysical background of scientific realism. I show that it presupposes metaphysical realism and that Putnam's philosophical conversion is due to his becoming aware of the latter's incoherence. After giving a brief sketch of internal realism I conclude by arguing that within this new theoretical framework the causal theory of meaning loses its force as a weapon against incommensurability. (shrink)

The sheer multitude of criteria of empirical significance has been taken as evidence that the pre-analytic notion being explicated is too vague to be useful. I show instead that a significant number of these criteria—by Ayer, Popper, Przełęcki, Suppes, and David Lewis, among others—not only form a coherent whole, but also connect directly to the theory of definition, the notion of empirical content as explicated by Ramsey sentences, and the theory of measurement; two criteria by Carnap and Sober are trivial, (...) but can be saved and connected to the other criteria by slight modifications. A corollary is that the ordinary language defense of Lewis, the conceptual arguments by Ayer and Popper, the theoretical considerations by Przełęcki, and the practical considerations by Suppes all apply to the same criterion or closely related criteria. Furthermore, the equivalence of some criteria allows for their individual justifications to be taken cumulatively and, together with the entailment relations between nonequivalent criteria, suggest criteria for general auxiliary assumptions, comparative criteria, and more liberal conceptions of observation. (shrink)

Se ofrece una respuesta inicial a la pregunta sobre el recorrido evolutivo de la competencia argumentativa. Se asume decididamente la hipótesis de la intencionalidad colectiva y la cooperación como rasgos estructurales que permiten entender la argumentación como un fenómeno normativo. Se concluye que la argumentación fue producto de una presión selectiva para la multiplicación de representaciones alternativas provenientes de una mayor cantidad de agentes de un mismo o diferente grupo. La presión evolutiva seleccionó la comunicación de buenas razones a través (...) del conflicto verbal y permitió, al agente individual, generar reputación, lo que va en su directo beneficio reproductivo. (shrink)

This paper explores types of organisational ignorance and ways in which organisational practices can affect the knowledge we have about the causes and effects of our actions. I will argue that because knowledge and information are not evenly distributed within an organisation, sometimes organisational design alone can create individual ignorance. I will also show that sometimes the act that creates conditions for culpable ignorance takes place at the collective level. This suggests that quality of will of an agent is not (...) necessary to explain culpable ignorance in an organisational setting. (shrink)

Statements about the behavior of biological entities, e.g. about the interaction between two proteins, abound in the literature on molecular biology and are increasingly becoming the targets of information extraction and text mining techniques. We show that an accurate analysis of the semantics of such statements reveals a number of ambiguities that is necessary to take into account in the practice of biomedical ontology engineering. Several concurring formalizations are proposed. Emphasis is laid on the discussion of biological dispositions.