This chapter contains sections titled: Feudalism Magna Carta28 The Basic Idea: No One Is Above the Law The Modern West Takes Shape From Law to Commerce Equality Before the Law Conclusion Discussion Acknowledgments.

Mental capacities for perceiving, remembering, thinking, and planning involve the processing of structured mental representations. A compositional semantics of such representations would explain how the content of any given representation is determined by the contents of its constituents and their mode of combination. While many have argued that semantic theories of mental representations would have broad value for understanding the mind, there have been few attempts to develop such theories in a systematic and empirically constrained way. This paper contributes to (...) that end by developing a semantics for a ‘fragment’ of our mental representational system: the visual system’s representations of the bounding contours of objects. At least three distinct kinds of composition are involved in such representations: ‘concatenation’, ‘feature composition’, and ‘contour composition’. I sketch the constraints on and semantics of each of these. This account has three principal payoffs. First, it models a working framework for compositionally ascribing structure and content to perceptual representations, while highlighting core kinds of evidence that bear on such ascriptions. Second, it shows how a compositional semantics of perception can be compatible with holistic, or Gestalt, phenomena, which are often taken to show that the whole percept is ‘other than the sum of its parts’. Finally, the account illuminates the format of a key type of perceptual representation, bringing out the ways in which contour representations exhibit domain-specific form of the sort that is typical of structured icons such as diagrams and maps, in contrast to typical discursive representations of logic and language. (shrink)

You can perceive things, in many respects, as they really are. For example, you can correctly see a coin as circular from most angles. Nonetheless, your perception of the world is perspectival. The coin looks different when slanted than when head-on, and there is some respect in which the slanted coin looks similar to a head-on ellipse. Many hold that perception is perspectival because you perceive certain properties that correspond to the “looks” of things. I argue that this view is (...) misguided. I consider the two standard versions of this view. What I call the PLURALIST APPROACH fails to give a unified account of the perspectival character of perception, while what I call the PERSPECTIVAL PROPERTIES APPROACH violates central commitments of contemporary psychology. I propose instead that perception is perspectival because of the way perceptual states are structured from their parts. (shrink)

Each of Kant’s three Critiques offers an account of the nature of a mental faculty and arrives at this account by means of a procedure I call ‘faculty analysis’. Faculty analysis is often regarded as among the least defensible aspects of Kant’s position; as a consequence, philosophers seeking to inherit Kantian ideas tend to transpose them into a different methodological context. I argue that this is a mistake: in fact faculty analysis is a live option for philosophical inquiry today. My (...) argument is as follows: Faculty analysis is a live option for certain kinds of philosophical theories if so-called “agentialist” views about the nature of belief are correct. There are good reasons for thinking that such views are correct. So faculty analysis should not be dismissed out of hand. Since the first premise in this argument bears a lot of weight, a large part of the paper is devoted to clarifying and defending it, in part by arguing that Kant himself holds a version of agentialism about belief. (shrink)

Conceptual engineering is a philosophical method that aims to design and spread conceptual and linguistic devices to cause meaningful changes in the world. So far, however, conceptual engineers have struggled to successfully spread the conceptual and linguistic entities they have designed to their target communities. This paper argues that conceptual engineering is far more likely to succeed if it incorporates empirical data and empirical methods. Because the causal factors influencing successful propagation of linguistic or conceptual devices are as complicated and (...) interwoven as they are, proper empirical research will greatly boost the likelihood that propagation is successful. In arguing for the superiority of empirical conceptual engineering over armchair-based conceptual engineering, this paper proposes a framework for understanding the causal forces at play in propagation. This is a three-part framework between the label of a lexical item, the psychological states associated with the lexical item, and the worldly things associated with the lexical item. By understanding the way causal forces affecting propagation play out at these three levels, conceptual engineers can better conceptualize, study, and harness the different causal forces affecting the success of their conceptual engineering projects. (shrink)

An ongoing philosophical discussion concerns how various types of mental states fall within broad representational genera—for example, whether perceptual states are “iconic” or “sentential,” “analog” or “digital,” and so on. Here, I examine the grounds for making much more specific claims about how mental states are structured from constituent parts. For example, the state I am in when I perceive the shape of a mountain ridge may have as constituent parts my representations of the shapes of each peak and saddle (...) of the ridge. More specific structural claims of this sort are a guide to how mental states fall within broader representational kinds. Moreover, these claims have significant implications of their own about semantic, functional, and epistemic features of our mental lives. But what are the conditions on a mental state's having one type of constituent structure rather than another? Drawing on explanatory strategies in vision science, I argue that, other things being equal, the constituent structure of a mental state determines what I call its distributional properties—namely, how mental states of that type can, cannot, or must co‐occur with other mental states in a given system. Distributional properties depend critically on and are informative about the underlying structures of mental states, they abstract in important ways from aspects of how mental states are processed, and they can yield significant insights into the variegation of psychological capacities. (shrink)

I raise three objections for Gava’s thesis that the primary task of the Critique of Pure Reason is to develop a doctrine of method for metaphysics, understood as an account of the special kind of unity that a body of cognitions must exhibit to count as a science. First, I argue that this thesis has difficulty accommodating Kant’s concern with explaining the possibility of synthetic a priori judgements. This concern is motivated by a question that is prior to the issue (...) of scientific unity. Second, I argue that the context of the passage in which Kant calls the Critique a treatise on method makes clear that the remark concerns the Copernican Turn. This suggests that the method treated in the book is the procedure required by the Copernican Turn. Third, I dispute Gava’s claim that the idea that confers unity on metaphysics is the cosmopolitan concept of philosophy. (shrink)

Objective Bayesian epistemology invokes three norms: the strengths of our beliefs should be probabilities, they should be calibrated to our evidence of physical probabilities, and they should otherwise equivocate sufficiently between the basic propositions that we can express. The three norms are sometimes explicated by appealing to the maximum entropy principle, which says that a belief function should be a probability function, from all those that are calibrated to evidence, that has maximum entropy. However, the three norms of objective Bayesianism (...) are usually justified in different ways. In this paper we show that the three norms can all be subsumed under a single justification in terms of minimising worst-case expected loss. This, in turn, is equivalent to maximising a generalised notion of entropy. We suggest that requiring language invariance, in addition to minimising worst-case expected loss, motivates maximisation of standard entropy as opposed to maximisation of other instances of generalised entropy. Our argument also provides a qualified justification for updating degrees of belief by Bayesian conditionalisation. However, conditional probabilities play a less central part in the objective Bayesian account than they do under the subjective view of Bayesianism, leading to a reduced role for Bayes’ Theorem. (shrink)

It is commonly assumed that images, whether in the world or in the head, do not have a privileged analysis into constituent parts. They are thought to lack the sort of syntactic structure necessary for representing complex contents and entering into sophisticated patterns of inference. I reject this assumption. “Image grammars” are models in computer vision that articulate systematic principles governing the form and content of images. These models are empirically credible and can be construed as literal grammars for images. (...) Images can have rich syntactic structure, though of a markedly different form than sentences in language. (shrink)

Xavier Landes | : Happiness has become a central theme in public debates. Happiness indicators illustrate this importance. This article offers a typology of the main challenges conveyed by the elaboration of happiness indicators, where happiness can be understood as hedonia, subjective well-being, or eudaimonia. The typology is structured around four questions: what to measure?—i.e., the difficulties linked to the choice of a particular understanding of happiness for building an indicator; whom to include?—i.e., the limits of the community monitored by (...) such an indicator; how to collect the data?—i.e., the difficulties stemming from objective and subjective reporting; what to do?—i.e., the concerns about the use of happiness indicators in public policy. The major points of normative contention are discussed for each of these dimensions. The purpose of this article is to contribute in a constructive manner to happiness research by offering an overview of some major philosophical and political challenges of building happiness indicators. The conclusion underlines the importance of the strategy of diversification- hybridization, which consists in setting a variety of indicators or composite indicators that articulate different understandings of happiness. It is stressed that happiness indicators raise democratic and institutional issues with which normative thinkers should deal. | : Le bonheur est devenu un thème central dans les débats publics. Les indicateurs de bonheur illustrent cette importance. Cet article offre une typologie des principaux enjeux contenus dans le travail d’élaboration d’indicateurs de bonheur quand ce dernier est compris comme hedonia, bien-être subjectif ou eudaimonia. La typologie est structurée autour de quatre questions : 1) que mesurer?, où sont en jeu les difficultés liées au choix d’une compréhension particulière du bonheur pour construire un indicateur; 2) qui inclure?, c’est-à-dire comment tracer les limites de la communauté morale qui est l’objet d’un tel indicateur; 3) comment collecter les données?, où on interroge les difficultés propres aux techniques subjectives et objectives de collecte de données; 4) que faire?, où on soulève l’enjeu des craintes quant à l’usage d’indicateurs de bonheur dans les politiques publiques. Les points majeurs de dispute normative sont discutés pour chaque dimension. Nous espérons ainsi contribuer de manière constructive à la recherche sur le bonheur en offrant un aperçu de quelques défis philosophiques et politiques majeurs relatifs à la construction d’indicateurs de bonheur. Nous concluons en soulignant l’importance de la stratégie de diversification-hybridation qui consiste à mettre en place des indicateurs variés ou composites articulant différentes compréhensions du bonheur. Ces indicateurs soulèvent des enjeux démocratiques et institutionnels que les penseurs normatifs doivent considérer. (shrink)

The requirement of gauge invariance for the Schwinger-DeWitt equations, interpreted as a manifestly covariant quantum theory for the evolution of a system in spacetime, implies the existence of a five-dimensional pre-Maxwell field on the manifold of spacetime and “proper time” τ. The Maxwell theory is contained in this theory; integration of the field equations over τ restores the Maxwell equations with the usual interpretation of the sources. Following Schwinger's techniques, we study the Green's functions for the five-dimensional hyperbolic field equations (...) for both signatures ± [corresponding to O(4, 1) or O(3, 2) symmetry of the field equations] of the proper time derivative. The classification of the Green's functions follows that of the four-dimensional theory for “massive” fields, for which the “mass” squared may be positive or negative, respectively. The Green's functions for the five-dimensional field are then given by the Fourier transform over the “mass” parameter. We derive the Green's functions corresponding to the principal part ΔP and the homogeneous function Δ 1 ; all of the Green's functions can be expressed in terms of these, as for the usual field equations with definite mass. In the O(3, 2) case, the principal part function has support for x2⩾τ2, corresponding to spacelike propagation, as well as along the light cone x2=0 (for τ=0). There can be no transmission ofinformation in spacelike directions, with this propagator, since the Maxwell field, obtained by integration over τ, does not contain this component of the support. Measurements are characterized by such an integration. The spacelike field therefore can dynamically establish spacelike correlations. (shrink)

After a brief survey of arguments for a unitary particle theory of matter, offered by the writer in previous publications, the following new items are discussed. (1) The wave part of the dual aspect of matter, resting on the translation formula λ=h/p, is not covariant in the nonrelativistic domain. And relativistically, it is untenable not only on methodological grounds, but because it leads to obvious contradictions to elementary experience, e.g., in the equilibrium between a material oscillator and radiation. (2) (...) The photon story as usually presented is rectified historically and factually. (3) The previous derivation by the writer of quantum mechanical theory from a nonquantal background is supplemented, in order to be conclusive, by the postulate that the general probability relation is to become the ordinary addition law in the average. (4) Quotations from the writings of prominant dualists, intended by the latter to support their ideology, disclose a fantastic disarray of pseudophilosophical standpoints which can be cleared up only by repudiating the alleged dual nature of matter and of light and by ceasing to constantly mix up the contrast between particles and fields with that between particles and waves, and by returning to a strictly unitary aspect. (shrink)

From his initial writings on imagination and memory, to his recent studies of the glance and the edge, the work of American philosopher Edward S. Casey continues to shape 20th-century philosophy. In this first study dedicated to his rich body of work, distinguished scholars from philosophy, urban studies and architecture as well as artists engage with Casey's research and ideas to explore the key themes and variations of his contribution to the humanities. -/- Structured into three major parts, the volume (...) reflects the central concerns of Casey's writings: an evolving phenomenology of imagination, memory, and place; representation and landscape painting and art; and edges, glances, and voice. Each part begins with an extended interview that defines and explains the topics, concepts, and stakes of each of area of research. Readers are thus offered an introduction to Casey’s fascinating body of work, and will gain a new insight into particular aspects and applications of Casey's research. -/- With a complete bibliography and an introduction that at once stresses each of Casey’s areas of research while putting into perspective their overarching themes, this authoritative volume identifies the overall coherence and interconnections of Edward S. Casey's work and his impact in contemporary thought. (shrink)

Xavier Landes | : In this article, consensus, defined as the consent of all citizens, is argued to be the first best for part of the liberal tradition on political legitimacy. Consensus would be the foundation of the liberal society that, when out of reach, needs to be approximated through, for instance, voting. I build on the timid attempts in political theory at using the theorem of the second best as a tool to settle difficult decision making in applied (...) political theory. More precisely, I defend the view that consensus would be the first best for part of the liberal tradition on political legitimacy. Furthermore, I illustrate how moral, factual, disagreements may create second-best problems, especially in terms of stability. Finally, I spell out some reasons why such problems directly affect a liberal order, on pragmatic grounds. The final purpose is to contribute to the literatures on legitimacy and on the application of the theorem of the second best outside economics. The key idea is to stress that much more work has to be done for “importing” the theorem of the second best into political theory. | : Dans cet article, le consensus, défini comme le consentement de tous les citoyens, est présenté comme remplissant la fonction d’optimum de premier rang [first best] pour une partie de la tradition libérale quant à la légitimité politique. Le consensus fonderait la société libérale qui, lorsque hors d’atteinte, nécessiterait d’être approximer au travers, par exemple, du vote. Je m’appuie sur les timides tentatives en théorie politique d’utiliser le théorème de l’optimum de second rang [second best] comme outil pour résoudre des prises de décision difficiles en théorie politique appliquée. Plus précisément, je défends l’idée que le consensus serait l’optimum de premier rang pour une partie de la tradition libérale quant à la légitimité politique. De plus, j’illustre comment les désaccords moraux, factuels peuvent créer des problèmes d’optimum de second rang, en particulier en termes de stabilité. Enfin, j’expose quelques raisons pour lesquelles de tels problèmes affectent directement un ordre libéral, d’un point de vue pragmatique. Le but final est de contribuer aux littératures sur la légitimité et sur l’application du théorème d’optimum de second rang à l’extérieur des sciences économiques. L’idée principale est de souligner qu’il reste beaucoup de travail afin d’« importer » le théorème d’optimum de second rang en théorie politique. (shrink)

Public insurance is both everywhere and nowhere. It is everywhere in the sense that it is omnipresent in industrialised societies: public health insurance, unemployment benefits and pensions. It is a sizeable part of modern nations’ public budget . It has permeated our understanding of societal institutions to the extent that now access to public insurance coverage is understood as being a struggle for equality and equal citizenship .Public insurance is only one aspect of a broader phenomenon: the transformation of (...) modern societies into insurance societies, i.e. societies that are orientated toward risk-management . Nevertheless, public insurance is at the core of the welfare state as insurance system. Paul Krugman once said of the modern state that it is ‘an insurance company with an army’ while David Moss argues that government is the ultimate risk manager ( .. (shrink)

This paper examines the Stark effect, as a first order perturbation of manifestly covariant hydrogen-like bound states. These bound states are solutions to a relativistic Schrödinger equation with invariant evolution parameter, and represent mass eigenstates whose eigenvalues correspond to the well-known energy spectrum of the nonrelativistic theory. In analogy to the nonrelativistic case, the off-diagonal perturbation leads to a lifting of the degeneracy in the mass spectrum. In the covariant case, not only do the spectral lines split, but they acquire (...) an imaginary part which is linear in the applied electric field, thus revealing induced bound state decay in first order perturbation theory. This imaginary part results from the coupling of the external field to the non-compact boost generator. In order to recover the conventional first order Stark splitting, we must include a scalar potential term. This term may be understood as a fifth gauge potential, which compensates for dependence of gauge transformations on the invariant evolution parameter. (shrink)

The author examines the history of pragmatism and maintains that a thematic continuity runs through the classical pragmatists, neopragmatitsts and contemporary pragmatists. This continuity can be vaguely characterized as an integration of theory and practice, but experience gives theory its content such that action is always guiding the formation of knowledge. There are four implications of this continuity. Pragmatists are centrally concerned with the human relationship to a process-oriented and evolving conception of nature. For pragmatists, our beliefs are regarded not (...) as propositions that map onto a separate and fixed reality, but instead their truth emerges out of the habits beliefs generate. Pragmatism emphasizes an openness to possibility since our access to the world of experience is mediated by a variety of selective interests, intellectual histories, varying linguistic and discursive practices. Pragmatists are deeply concerned with the social and political problems that confront us on a daily basis. The author also examines the manner in which James understands the term “metaphysics” given that pragmatism is a method for settling “metaphysical disputes.” Jamesian existential pluralism implies to maximize all possibilities that can satisfy everyone as much as possible without impeding and harming another's capacity to experience a rich and novel world. The author analyzes Todd May’s approach to the analytic-continental divide and concludes that if settlement embraces James’s thick conception of experience, then the resulting ontological pluralism is the best settlement possible, and this commitment to pluralism requires dissolving the exclusionary practices the analytic-continental divide suggests philosophically. (shrink)

(1) The idea that diffraction of matter particles can only be understood in terms of a temporary wave transformation or 'double manifestation' is an uneconomical ad hoc hypothesis, shattered already in 1923 by the unitary quantum theory of diffraction of Duane which in 1926 became part of the quantum mechanics, with a statistical interpretation of wave-like appearances. (2) Bohr's re-interpretation of Heisenberg's uncertainty of prediction as an indeterminacy of existence rests on an illegitimate literal translation of a wave result (...) into particle language which is at variance with experience as well as with the statistical interpretation. (3) The fact that one can transform the simple and unitary particle mechanics into a complicated wavelike form is only a weak substitute for genuine dualism -- as if one would see dualism in the transformability from the geo- to the heliocentric reference system. (4) The strongest argument against a symmetry of the particle and the wave theory of matter is the explainability of the former in terms of simple postulates of invariance, leaving the wave formalism as a purely ad hoc construction. (shrink)

Epistemic scoring rules are the en vogue tool for justifications of the probability norm and further norms of rational belief formation. They are different in kind and application from statistical scoring rules from which they arose. In the first part of the paper I argue that statistical scoring rules, properly understood, are in principle better suited to justify the probability norm than their epistemic brethren. Furthermore, I give a justification of the probability norm applying statistical scoring rules. In the (...) second part of the paper I give a variety of justifications of norms for rational belief formation employing statistical scoring rules. Furthermore, general properties of statistical scoring rules are investigated. Epistemic scoring rules feature as a useful technical tool for constructing statistical scoring rules. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

There are many ways to assess face perception skills. In this study, we describe a novel task battery FEAST (Facial Expression Action Stimulus Test) developed to test recognition of identity and expressions of human faces as well as stimulus control categories. The FEAST consists of a neutral and emotional face memory task, a face and object identity matching task, a face and house part-to-whole matching task, and a human and animal facial expression matching task. The identity and (...) class='Hi'>part-to-whole matching tasks contain both upright and inverted conditions. The results provide reference data of a healthy sample of controls in two age groups for future users of the FEAST. (shrink)

Understanding in vivo regeneration of complex structures offers a fascinating perspective for translation into medical applications. Unfortunately, mammals in general lack large‐scale regenerative capacity, whereas planarians, newts or Hydra can regenerate complete body parts. Such organisms are, however, poorly annotated because of the lack of sequence information. This leads to limited access for molecular biological investigations. In the last decade, high throughput technologies and new methods enabling the effective generation of transgenic animals have rapidly evolved. These developments have allowed the (...) extensive use of niche model organisms as part of a trend towards the accessibility of a greater panel of model species for scientific research. The case study that follows provides an insight into the impact of high throughput techniques on the landscape of models of regeneration. The cases presented here give evidence of alternative stem cell maintenance pathways, the identification of new protein families and new stem cell markers. (shrink)

Territorial disputes have defined modern politics, but political theorists and philosophers have said little about how to resolve such disputes fairly. Is it even possible to do so? If historical attachments or divine promises are decisive, it may not be. More significant than these largely subjective claims are the ways in which people interact with land over time. Building from this insight, Avery Kolers evaluates existing political theories and develops an attractive alternative. He presents a novel (...) link between political legitimacy and environmental stewardship, and applies these ideas in an extended and balanced discussion of the Israeli-Palestinian dispute. The result is the first systematic normative theory of territory, and an impressive example of applied philosophy. In addition to political theorists and philosophers, scholars and students of sociology, international relations, and human geography will find this book rewarding, as will anyone with wider interests in territory and justice. (shrink)

The article explores court forms as an interactive genre essential for legal-lay communication in civil and family proceedings: court forms elicit key information from predominantly lay users for the purposes of court administration and the judiciary. The information presented in court forms defines the agenda and communicative focus of the subsequent hearings and settlement negotiations, and in some instances even the path the proceedings would take. It is thus important to consider court forms in terms of their comprehensibility as well (...) as functionality for eliciting legally coherent narratives and facilitating efficient engagement of lay participants with the proceedings. The case study presented in the article draws on the combination of corpus linguistics and discourse analysis to explore two versions of the court form most frequently used by self-represented parties in England and Wales, ‘Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing’. The comparison of the paper form and its redesigned online version identifies the improvements made as part of the digitisation process but also indicates communicative challenges which can prevent the lay person from presenting the relevant information. The discussion provides an opportunity to reflect on the role of language in online courts. (shrink)

The thirteenth-century logician Lambert of Auxerre was well known for his Summa Lamberti, or simply Logica, written in the mid-1250s, which became an authoritative textbook on logic in the Western tradition. Our knowledge of medieval logic comes in great part from Lambert's Logica and three other texts: William of Sherwood's Introductiones in logicam, Peter of Spain's Tractatus, and Roger Bacon's Summulae dialectics. Of the four, Lambert's work is the best example of question-summas that proceed principally by asking and answering (...) questions on the subject matter. Thomas S. Maloney's translation of Logica, the only complete translation of this work in any language, is a milestone in the study of medieval logic. More than simply a translation, Maloney's project is a critical, comprehensive study of Lambert's logic situated in the context of his contemporaries and predecessors. As such, it offers a wealth of annotation and commentary. The lengthy introduction and extensive notes to the text explain the origin, theoretical context, and intricacies of the text and its doctrines. Maloney also addresses the disputed issues of authorship, date, and place of publication of the Summa Lamberti and makes available to the English-only audience the French, German, and Italian secondary sources--all translated--that are needed to enter the discussion. "Thomas S. Maloney fully commands the primary and secondary sources necessary to elucidate Lambert's Logica. An expert on Roger Bacon's philosophy, he demonstrates a rare proficiency in medieval Latin and scholastic logic. His references to sources from the ancient (Aristotle and Boethius) and medieval worlds are apposite, perspicuous, and useful. The volume's presentation with an appropriate introduction and commentary in the endnotes will no doubt establish it as an indispensable resource for scholars in the twenty-first century." --Alan Perreiah, University of Kentucky. (shrink)

Children have difficulty comprehending novel verbs in the double object dative as compared to the prepositional dative. We explored this pattern with 3 and 4 year olds. In Experiment 1, we replicated the documented difficulty with the double object frame, even though we provided more contextual support. In Experiment 2, we tested a novel hypothesis that children would comprehend novel verbs in, and generalize them to, the double object frame if they were first familiarized to the verbs (...) in the prepositional frame. They did, suggesting that part of their difficulty with the double object frame is due to uncertainty about a new verb's semantic/syntactic properties, information that the easy-to-comprehend prepositional frame provides. The benefits of training were short-lived, however; children again struggled after a 2-h delay. The results are discussed in the context of mechanisms underlying verb acquisition. (shrink)

The role of the cerebellum as a comparator of desired motor output and actual performance may be most important during learning of a novel motor task, when movement errors are common and corrective movements are produced to compensate for them. It is suggested that PET and recent fMRI data are compatible with such an interpretation. Increased activity in motor cortical areas during motor learning indicates that these areas also contribute to the learning process, [THACH].

An important challenge when creating automatically processable laws concerns open-textured terms. The ability to measure open-texture can assist in determining the feasibility of encoding regulation and where additional legal information is required to properly assess a legal issue or dispute. In this article, we propose a novel conceptualisation of open-texture with the aim of determining the extent of open-textured terms in legal documents. We conceptualise open-texture as a lever whose state is impacted by three types of forces: internal forces (...) (the words within the text themselves), external forces (the resources brought to challenge the definition of words), and lateral forces (the merit of such challenges). We tested part of this conceptualisation with 26 participants by investigating agreement in paired annotators. Five key findings emerged. First, agreement on which words are open-texture within a legal text is possible and statistically significant. Second, agreement is even high at an average inter-rater reliability of 0.7 (Cohen’s kappa). Third, when there is agreement on the words, agreement on the Open-Texture Value is high. Fourth, there is a dependence between the Open-Texture Value and reasons invoked behind open-texture. Fifth, involving only four annotators can yield similar results compared to involving twenty more when it comes to only flagging clauses containing open-texture. We conclude the article by discussing limitations of our experiment and which remaining questions in real life cases are still outstanding. (shrink)

Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to these (...) critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse. (shrink)

A dizzying trip through the mind(s) of the provocative and influential thinker Nick Land. During the 1990s British philosopher Nick Land's unique work, variously described as “rabid nihilism,” “mad black deleuzianism,” and “cybergothic,” developed perhaps the only rigorous and culturally-engaged escape route out of the malaise of “continental philosophy” —a route that was implacably blocked by the academy. However, Land's work has continued to exert an influence, both through the British “speculative realist” philosophers who studied with him, (...) and through the many cultural producers—writers, artists, musicians, filmmakers—who have been invigorated by his uncompromising and abrasive philosophical vision. Beginning with Land's early radical rereadings of Heidegger, Nietzsche, Kant and Bataille, the volume collects together the papers, talks and articles of the mid-90s—long the subject of rumour and vague legend (including some work which has never previously appeared in print)—in which Land developed his futuristic theory-fiction of cybercapitalism gone amok; and ends with his enigmatic later writings in which Ballardian fictions, poetics, cryptography, anthropology, grammatology and the occult are smeared into unrecognisable hybrids. Fanged Noumena gives a dizzying perspective on the entire trajectory of this provocative and influential thinker's work, and has introduced his unique voice to a new generation of readers. (shrink)

Philosophical discussions on causal inference in medicine are stuck in dyadic camps, each defending one kind of evidence or method rather than another as best support for causal hypotheses. Whereas Evidence Based Medicine advocates the use of Randomised Controlled Trials and systematic reviews of RCTs as gold standard, philosophers of science emphasise the importance of mechanisms and their distinctive informational contribution to causal inference and assessment. Some have suggested the adoption of a pluralistic approach to causal inference, and an inductive (...) rather than hypothetico-deductive inferential paradigm. However, these proposals deliver no clear guidelines about how such plurality of evidence sources should jointly justify hypotheses of causal associations. We here develop such guidelines by first giving a philosophical analysis of the underpinnings of Hill’s viewpoints on causality. We then put forward an evidence-amalgamation framework adopting a Bayesian net approach to model causal inference in pharmacology for the assessment of harms. Our framework accommodates a number of intuitions already expressed in the literature concerning the EBM vs. pluralist debate on causal inference, evidence hierarchies, causal holism, relevance, and reliability. (shrink)

C. I. Lewis’s conception of the given element in perceptual experience was one of the targets of Sellars’ famous charge that many such conceptions fall victim to the Myth of the Given. Yet exactly what makes a conception of the given mythical has remained unclear. Here I aim to clarify this issue by discussing Eric Watkins’ recent claim that a conception exactly like the one Lewis articulated in Mind and the World Order in fact avoids the Myth. Watkins motivates this (...) claim in part by raising objections for John McDowell’s account of the Myth and argues that a better account can be extracted from Kant. I defend McDowell’s position (and reject Watkins’ Kantian account) by arguing that these objections are based on a failure to appreciate an implication of the claim (which Watkins accepts) that rational thought operates in “the logical space of reasons.” Specifically, I focus on the implication that a thinker must be in a position to understand the rational significance of her perceptual experience. Along the way I explain in what ways Watkins’ conception of the given in experience mirrors the view of Lewis. (shrink)

This paper explores how emotions are expressed in the endangered Gunwinyguan language Kunbarlang and compares these expressions to those in the neighbouring Gunwinyguan language Bininj Kunwok, and neighbouring languages from other language families, Mawng (Iwaidjan) and Ndjébbana (Maningridan). As well as considering body-based emotion expressions and the tropes (metaphors and metonymies) they instantiate, we consider the range of other (non-body-based) expressions and tropes available in each language. These provide an important point of comparison with the body-part expressions, which are (...) limited to expressions based on noun incorporation in the Gunwinyguan languages and, correspondingly, a more limited range of tropes. By outlining and comparing the linguistic tropes used to express emotions in these four languages in the highly multilingual yet socioculturally unified context of western Arnhem Land, we aim to shed further light on the relationships between linguistic figurative features and conceptual representations of emotions. (shrink)

Every ten years United States congressional districts are drawn, physically constructing political representation based on domicile. Why do we do it this way? Is territorial representation consistent with the broader normative ends of political representation). ;In section one I argue that territorial constituencies were never intended to represent local "communities of interest." Instead, physical proximity between voters was necessary to achieve the normative aims of representative government in a large nation. I begin in 13 th century England, and proceed through (...) the political theory of Hobbes, Locke, Montesquieu, Burke, the Federalists and their critics. I also provide a novel interpretation of Federalist 10. ;In sum, territory was a habit of mind for the founders of the United States, and thus there were no explicit reasons given for using territory. The silence of territory as a definer of electoral constituencies has continued to the present day. I argue that the continued silence about territorial constituencies constitutes a substantial breech of legitimacy. ;In the second section , I argue that "constituency definition" is a normatively rich institution and how constituencies are defined ought not to be determined by interested third parties. I argue that Hanna Pitkin incorrectly conflated "political representation" and "legitimacy." I argue that citizen consent to constituency definition is a central part of legitimating any representative government. Finally, I argue that there are no persuasive normative arguments for territorial constituencies today. Justifying territorial constituencies on the normative claim that "communities of interest" ought to define constituencies for political representation is simply unpersuasive. If one believes such particularity ought to be represented in one branch of the national legislature, then other kinds of particularity---race, ideology, class, et al---simply dominate. ;In section three I argue against "particularity" for electoral constituencies. I conclude with a thought experiment: randomly assign voters into 435 national, electoral constituencies for life. Having established that the concept of "constituency" is itself normatively robust and separable from "electoral systems," I argue that important considerations of "voice," can be introduced through novel means of reform. (shrink)

We argue for a perspective on bilingual heritage speakers as native speakers of both their languages and present results from a large-scale, cross-linguistic study that took such a perspective and approached bilinguals and monolinguals on equal grounds. We targeted comparable language use in bilingual and monolingual speakers, crucially covering broader repertoires than just formal language. A main database was the open-access RUEG corpus, which covers comparable informal vs. formal and spoken vs. written productions by adolescent and adult bilinguals with heritage-Greek, (...) -Russian, and -Turkish in Germany and the United States and with heritage-German in the United States, and matching data from monolinguals in Germany, the United States, Greece, Russia, and Turkey. Our main results lie in three areas. We found non-canonical patterns not only in bilingual, but also in monolingual speakers, including patterns that have so far been considered absent from native grammars, in domains of morphology, syntax, intonation, and pragmatics. We found a degree of lexical and morphosyntactic inter-speaker variability in monolinguals that was sometimes higher than that of bilinguals, further challenging the model of the streamlined native speaker. In majority language use, non-canonical patterns were dominant in spoken and/or informal registers, and this was true for monolinguals and bilinguals. In some cases, bilingual speakers were leading quantitatively. In heritage settings where the language was not part of formal schooling, we found tendencies of register leveling, presumably due to the fact that speakers had limited access to formal registers of the heritage language. Our findings thus indicate possible quantitative differences and different register distributions rather than distinct grammatical patterns in bilingual and monolingual speakers. This supports the integration of heritage speakers into the native-speaker continuum. Approaching heritage speakers from this perspective helps us to better understand the empirical data and can shed light on language variation and change in native grammars. Furthermore, our findings for monolinguals lead us to reconsider the state-of-the art on majority languages, given recurring evidence for non-canonical patterns that deviate from what has been assumed in the literature so far, and might have been attributed to bilingualism had we not included informal and spoken registers in monolinguals and bilinguals alike. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:All was this land full fill'd of faerie," or Magic and the Past in Early Modern EnglandLauren KassellI.In 1625 Gabriel Naudé (1600–53), student of medicine and up-and-coming librarian, wrote a history of magic.1 Paracelsianism had been debated in France for decades, and in 1623 Naudé had lent his pen to the controversy following the hoax appearance of bills posted in Paris announcing the arrival of the Fraternity of (...) the Rosy Cross and the wonders they could provide. The impetus for Naudé's history of magic was a pamphlet that described Homer and Virgil, abusively, as magicians. As Didier Kahn has shown, Naudé's 1623 intervention against the Rosicrucians wrested a brewing dispute about Paracelsianism from the hands of theologians and settled it in the name of reason, not religion; his medical training no doubt informed his intervention.2 In his history of magic Naudé complained that everyone who ever did anything clever was now reputed to be a magician, which meant in league with the devil. His project was to clear the ground of the [End Page 107] false histories that had been written for the previous two hundred years. Adopting a mode of historia litteraria, he redeemed the reputations of several dozen learned men—including Zoroaster, Socrates, Roger Bacon, Agrippa, and ultimately Virgil—whose names had been sullied by the term magician.3The branding of natural philosophers and especially mathematical practitioners as magicians had been an enduring problem.4 As John Aubrey would later reflect in notes on the life of the Oxford scholar Thomas Allen, "In those darke times Astrologer, Mathematician, and Conjurer, were accounted the same thing."5 But Naudé provides an elaborate account of why these accusations initially might have been fabricated—jealousy, incredulity, malice, fear of technology—and demonstrates a method for unmasking these errors. Follow the simple rules of good scholarship, he insists: read the best authors, think logically, and acquire "a certain familiarity with the most profitable Sciences, and the most universal and general account of the affairs of this World that may be had, which is to be gained partly by our own industry, partly by the endeavors of those who have gone before us, such as may be those of Historians."6 That is, through hard work and the help of other historians, understand the context in which these texts were written. Perfect historians are indispensable; false historians should be read with caution.7 If one encounters a fabulous tale, locate its textual sources, read critically, and remember that (many) historians vend rubbish.8 Naudé surveys a vast literature dating from antiquity through the sixteenth century, demonstrating that misreadings of tropes and irony, for instance, have led to the labeling of poets and natural philosophers as magicians.9 Likewise, where people have professed their magical powers, Naudé is careful to show that writing books about magic and boasting about one's expertise are not the same thing as practicing magic.10 These fables persist because authors repeat what others have written without applying the above principles of good research; they write for their own glory instead of doing proper research; and they show off their polymathic skills by assembling great [End Page 108] heaps of examples instead of making sense of them. Thus the noble name of history is built upon a monstrous edifice of fables.11In short, prompted by festering occultism and religious controversies in Paris, Naudé wrote a history of magic in order to release the great men of learning from the label of magician. This is a history of the "first appearance of learning, the first rising of the great wits, the time they flourished, the ages which have brought forth most, and take notice by the way, how that ignorance hath always persecuted them with this calumny"; he defines magic historically.12 Great learning and suspicion of its demonic sources are inseparable. Through pragmatic reading, Naudé redeems scholars who have been called magicians, and shifts the onus of explanation away from these learned men and onto historians and their incredulous readers.13 Poor histories are written by men guilty of pride and malice. These fables persist because... (shrink)

Feriköy is a district where the ethnic origins and religious differences of Istanbul show a great diversity in the late 19th century. In this period, the presence of Bulgarians and Georgians attracted less attention, albeit with the knowledge that Greeks and Armenians from Ottoman citizens, and foreigners from European countries lived in the neighbourhood. The conflict between Orthodox Bulgarians and Catholic Georgians, who have corporate structures around Feriköy and Şişli, as a result of a decision on governance uncovered some unknown (...) and interesting facts about the city and its history. The decision taken about giving a building plot to the Bulgarian congregation for the construction of a school used as a garden located next to the Catholic Georgian Church in Feriköy; caused the two groups to engage in a tough battle with each other. In this article, through the documents in the Prime Ministry Ottoman Archives, the conflict process between the people who use the urban space of the decision to build the Bulgarian Seminary has been considered, and the result of the disagreement between Orthodox Bulgarian Priests and Catholic Georgian Nuns has generally been evaluated. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Winner of the 2014 Edward Goodwin Ballard Award for an Outstanding Book in Phenomenology, awarded by the Center for Advance Research in Phenomenology. -/- Merleau-Ponty and the Paradoxes of Expression offers a comprehensive reading of the philosophical work of Maurice Merleau-Ponty, a central figure in 20th-century continental philosophy. -/- By establishing that the paradoxical logic of expression is Merleau-Ponty's fundamental philosophical gesture, this book ties together his diverse work on perception, language, aesthetics, politics and history in order to establish the (...) ontological position he was developing at the time of his sudden death in 1961. Donald A. Landes explores the paradoxical logic of expression as it appears in both Merleau-Ponty’s explicit reflections on expression and his non-explicit uses of this logic in his philosophical reflection on other topics, and thus establishes a continuity and a trajectory of his thought that allows for his work to be placed into conversation with contemporary developments in continental philosophy. The book offers the reader a key to understanding Merleau-Ponty's subtle methodology and highlights the urgency and relevance of his research into the ontological significance of expression for today's work in art and cultural theory. (shrink)

ABSTRACT The Plurinational Constitutional Court is the final arbiter of legal disputes involving the interpretation and application of the Political Constitution of the Plurinational State of Bolivia (2009) (BC). Its role is especially important given that the BC follows a type of decolonial ‘hybrid’ constitutional model that incorporates the Indigenous concept of Vivir Bien (VB) as part of their legal paradigm. Using tools from Case Law Analysis and Critical Discourse Analysis, this article explores the Court’s judicial interpretation and (...) application of VB and its principles to a legal dispute regarding Indigenous Peoples’ constitutional right to be consulted over government measures impacting their ancestral territories. The results indicate that the judges would foreground and background different aspects of the VB principles to support their views, resorting to their use in a hierarchical form that is not mandated in the BC. This shows a gap between formal incorporation and the practical application of the VB principles. This research informs the fields of legal studies, decolonial thought, and discourse studies. (shrink)

Lawyers’ practice in mediation is changing with the widespread use of processes other than litigation, and in this context, referred to as the alternative dispute resolution (‘ADR’) options in cour...

The intuitive Variety of Evidence Thesis states that, ceteris paribus, more varied evidence for a hypothesis confirms it more strongly than less varied evidence. Recent Bayesian analyses have raised serious doubts in its validity. Claveau suggests the existence of a novel type of counter-example to this thesis: a gradual increase in source independence can lead to a decrease in hypothesis confirmation. I show that Claveau’s measure of gradual source independence suffers from two unsuspected types of inconsistencies. I hence put (...) forward a more natural measure of gradual source independence which is not plagued by inconsistencies. Claveau’s counter-examples to the variety of evidence thesis disappear with the measure I suggest. I hence argue that my measure is preferable and that this thesis does at least not seem to be troubled by Claveau’s arguments. (shrink)

Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasing accuracy, the presence of technology in the judicial process may also affect the public perception of the courts. In particular, if individuals are averse to adjudication that involves a high degree of automation, particularly given (...) fairness concerns, then judicial technology may yield lower benefits than expected. However, the degree of aversion may well depend on how technology is used, i.e., on the timing and strength of judicial reliance on algorithms. Using an exploratory survey, we investigate whether the stage in which judges turn to algorithms for assistance matters for individual beliefs about the fairness of case outcomes. Specifically, we elicit beliefs about the use of algorithms in four different stages of adjudication: (i) information acquisition, (ii) information analysis, (iii) decision selection, and (iv) decision implementation. Our analysis indicates that individuals generally perceive the use of algorithms as fairer in the information acquisition stage than in other stages. However, individuals with a legal profession also perceive automation in the decision implementation stage as less fair compared to other individuals. Our findings, hence, suggest that individuals do care about how and when algorithms are used in the courts. (shrink)

Most physicians dealing with Jehovah's Witnesses (JWs) who refuse blood-based treatment are uncertain as to any obligation to educate patients where it concerns the JW blood doctrine itself. They often feel they must unquestioningly comply when demands are framed as religiously based. Recent discussion by dissidents and reformers of morally questionable policies by the JW organisation raise ethical dilemmas about "passive" support of this doctrine by some concerned physicians. In this paper, Part 2, I propose that physicians discuss the (...) misinformation and irrationality behind the blood doctrine with the JW patient by raising questions that provide new perspectives. A meeting should be held non-coercively and in strict confidence, and the patient's decision after the meeting should be fully honoured (non-interventional). A rational deliberation based on new information and a new perspective would enable a certain segment of JW patients to make truly informed, autonomous and rational decisions. (shrink)

Varied evidence confirms more strongly than less varied evidence, ceteris paribus. This epistemological Variety of Evidence Thesis enjoys widespread intuitive support. We put forward a novel explication of one notion of varied evidence and the Variety of Evidence Thesis within Bayesian models of scientific inference by appealing to measures of entropy. Our explication of the Variety of Evidence Thesis holds in many of our models which also pronounce on disconfirmatory and discordant evidence. We argue that our models pronounce rightly. (...) Against a backdrop of failures of the Variety of Evidence Thesis, the intuitive case for the Variety of Evidence Thesis emerges strengthened. Our models do however not support the general case for the thesis since our explication of it fails to hold in certain cases. The parameter space of this failure is explored and an explanation for the failure is offered. (shrink)

In this essay I show that texts by early Caribbean women writers, such as the Wonderful Adventures of Mrs. Seacole in Many Lands, reveal and resist the effects of colonial paradigms by leaving textual traces of how such paradigms can effectively be countered and overturned. I arrive at such a reading of Seacole via an analysis of Frantz Fanon's reading of Mayotte Capécia's turn-of-the-century novel, Je suis martiniquaise, in light of advances in postcolonial and feminist theory. I argue that (...) doing so can bring us to recognize the contributions that early writings by Caribbean women have made to a broader understanding of the nature of being, across differences of “race,” class, and geography. I consider how we might recover in Capécia important models that Fanon himself replicates, yet dismisses, that predate Capécia's own text and that can be located in a text like Seacole's. In the end, I come to contend that Mary Seacole's text is more than a mere record of a “free colored” woman's life in the second half of the nineteenth century. It is, to use today's postcolonial parlance, an interventionist, hybrid text that attempts to subvert dominant discourse while participating in its circuits. (shrink)

The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states-Indonesia, Thailand, and Malaysia-responded to the violations in very different ways. In each case, their responses (...) to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse. (shrink)