This chapter contains sections titled: Intention Authorial Intention Varieties of Intentionalism The Utterance Model Hypothetical Intentionalism Hypothetical Intentionalism and Actualist Intentionalism Compared Success Conditions and the Dilemma Argument.

Success semantics is a theory of content that characterizes the truth-conditions of mental representations in terms of the success-conditions of the actions derived from them. Nanay : 151-165, 2013) and Dokic and Engel have revised this theory in order to defend it from the objections that assailed its previous incarnations. I argue that both proposals have seemingly decisive flaws. More specifically, these revised versions of the theory fail to deal adequately with the open-ended possibility of (...) unforeseen obstacles for the success of our actions. I suggest that the problem of ignored obstacles undermines success semantics quite generally, including alternative formulations such as Blackburn’s. (shrink)

Success semantics is a theory of content that characterizes the truth-conditions of mental representations in terms of the success-conditions of the actions derived from them. Nanay : 151-165, 2013) and Dokic and Engel have revised this theory in order to defend it from the objections that assailed its previous incarnations. I argue that both proposals have seemingly decisive flaws. More specifically, these revised versions of the theory fail to deal adequately with the open-ended possibility of (...) unforeseen obstacles for the success of our actions. I suggest that the problem of ignored obstacles undermines success semantics quite generally, including alternative formulations such as Blackburn’s. (shrink)

Despite many attempts to achieve an adequate definition of living systems by means of a set of necessary and sufficient conditions, the opinion that such an enterprise is inexorably destined to fail is increasingly gaining support. However, we believe options do not just come down to either having faith in a future success or endorsing skepticism. In this paper, we aim to redirect the discussion of the problem by shifting the focus of attention from strict definitions towards a (...) philosophical framework that allows conceiving of living systems as a natural kind, but whereby natural kinds are not to be defined by fixed necessary and sufficient conditions. We argue for a property-cluster kind approach according to which living systems constitute a natural kind with vague boundaries, capable of changing, and whose members do not need to instantiate every property. We draw from Boyd’s homeostatic property-cluster theory and introduce two modifications, one regarding homeostatic mechanisms and another related to the scientific role of kinds. Thus, our view overcomes some difficulties of Boyd’s theory and we are able to account for the natural kindhood of living things. We also emphasize the most appealing features of our approach for specific research fields and address three objections to this sort of approach. (shrink)

Despite many attempts to achieve an adequate definition of living systems by means of a set of necessary and sufficient conditions, the opinion that such an enterprise is inexorably destined to fail is increasingly gaining support. However, we believe options do not just come down to either having faith in a future success or endorsing skepticism. In this paper, we aim to redirect the discussion of the problem by shifting the focus of attention from strict definitions towards a (...) philosophical framework that allows conceiving of living systems as a natural kind, but whereby natural kinds are not to be defined by fixed necessary and sufficient conditions. We argue for a property-cluster kind approach according to which living systems constitute a natural kind with vague boundaries, capable of changing, and whose members do not need to instantiate every property. We draw from Boyd’s homeostatic property-cluster theory and introduce two modifications, one regarding homeostatic mechanisms and another related to the scientific role of kinds. Thus, our view overcomes some difficulties of Boyd’s theory and we are able to account for the natural kindhood of living things. We also emphasize the most appealing features of our approach for specific research fields and address three objections to this sort of approach. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Day I Touched JesusJeffery L. DealShe deserved better. They all do.I met her early on a morning that promised to be hot and wet, as Sudan tended to be at that time of year. Hot all the time. Hot and wet in the summers. I touched her for the briefest of moments, felt her leg move against my hand and caught a fleeting glimpse of a foot that (...) was barely the size of my fingertip. I was there because a missionary asked me to come, told me stories of conditions in Sudan and convinced me that I could save lives. He was right.Her twin brother was born eight hours earlier, sometime around midnight. The birth attendants managed the delivery as well as anyone could in the same situation. The last time I had attempted to manage such a problem delivery was almost twenty years earlier when I had been a Navy Lieutenant fresh out of my surgical internship on temporary assignment to a Marine Corps battle group in the Philippines. On that deployment, a corpsman brought me to a grass hut where a woman who looked barely more than a child herself labored against a breach delivery. I spent the day examining her while her family brought me things to eat that I do not believe should be eaten. After six hours of no progress, I radioed for a helicopter to take her to Clark Air Force base where they had operating rooms and obstetricians. In South Sudan, we had no such resources.My oldest daughter, a premed student at the time who had worked with me in Sudan on other occasions, sat in the corner with her classmates and watched as I put my hand inside the mother. She was of the Dinka ethnic group and was a large, robust woman who sweated profusely and occasionally caught her breath, but otherwise seemed unmoved by her contractions. Fluids gushed over my gloved hand and the students gasped. I felt the baby's leg retract slightly as if she resented my intrusion.I could not get past the baby's hip—she was wedged tightly in the uterus. I had some medicines that were used to hasten delivery and, not really knowing if it was the right thing to do, I gave the mother some through her IV. Still I could not dislodge the child. I told the students and birth attendants that we would give her one hour while I rounded on the other patients in our remote and poorly equipped clinic. If she did not deliver by that time we would take her to a facility run by a Catholic relief agency several hours drive from us—a drive that due to war, weather, or mechanical problems we could not always complete.I saw the rest of the patients in a hurry while browsing through all of the medical texts and the few books we kept at the clinic. This child's only hope of surviving was for her mother to have a cesarean section, and as quickly as possible. After determining that none of our other patients were in imminent danger, we loaded the mother, the first-born twin, and the grandmother into our vehicle for the long ride. One of the medical students, who at the time of this writing was completing her residency in obstetrics and gynecology, asked me if I shouldn't pray for the woman while we drove. I felt guilty for not praying out loud without being prompted, so I reached back and placed my hand on the mother's abdomen and prayed while I drove. I felt a slight movement. It could have been the rough road or the mother shifting, but I believe to this [End Page 81] day that I felt the child move. I would not feel her again. I drove as fast as the rough, bomb-cratered dirt road allowed.Mother and unborn child were doing well when we finally arrived three hours later. I knew the facility and many of the workers so I drove past the guard and directly to the obstetrics ward. Two nurses rushed out to meet us with... (shrink)

This paper aims to show that Sosa’s theory of knowledge based on safety condition can provide a convincing response to the problem of philosophical skepticism. With regard to that, it is divided in three sections. The first section is dedicated to presenting the form of skeptical argument and few options we encounter when skeptic rises the challenge in the form of the so-called radical alternatives. The second section consists of the presentation of Sosa’s theory and safety condition, as well (...) as its differences and similarities with Nozick’s sensitivity condition and Dretske’s condition of conclusive reason. Finally, the third section evaluates Sosa’s theory in the light of Comesana’s counterexample. After the careful analysis of the hypothetical situation, it is shown that Comesana overlooks one important moment when he fixes the initial set of circumstances, which allows a successful defense of Sosa’s analysis of knowledge and safety condition. (shrink)

The conditional interpretation of general categorical statements like ‘All men are animals’ as universally quantified material conditionals ‘For all x, if x is F, then x is G’ suggests that the logical structure of law statements is conditional rather than categorical. Disregarding the problem that the universally quantified material conditional is trivially true whenever there are no xs that are F, there are some reasons to be sceptical of Frege’s equivalence between categorical and conditional expressions. -/- Now many philosophers will (...) claim that the material conditional interpretation of laws statements, dispositions ascriptions, or any causal claim is generally accepted as wrong and outdated. Still, there seem to be some basic logical assumptions that are shared by most of the participants in the debate on causal matters which at least stems from the traditional truth functional interpretation of conditionals. This is indicated by the vocabulary in the philosophical debate on causation, where one often speaks of ‘counterfactuals’, ‘possible worlds’ and ‘necessity’ without being explicit on whether or to what extent one accepts the logical-technical definition of these notions. To guarantee a non-Humean and non-extensional approach to causal relations, it is therefore important to be aware of the logical and metaphysical implications of the technical vocabulary. -/- In this paper we want to show why extensional logic cannot deal with causal relations. Via a logical analysis of law-like statements ‘All Fs are Gs’ we hope to throw some new light on interrelated notions like causation, laws, induction, hypotheticality and modality. If successful, our analysis should be of relevance for a deeper understanding of any type of causal relations, whether we understand them to be laws, dispositions, singulars or categoricals. (shrink)

ABSTRACT: In this paper, I intend to review the intentionalist account of perceptual experience in order to deal with some difficulties that it faces in adequately specifying the nature and object of perceptual experience. My aim is to show that it is possible for the intentionalists to incorporate the disjunctivist thesis that the object of perception is part of perceptual experiences, without renouncing the common factor principle. I argue that, in order to do this, it is necessary to engage (...) with the concept of biological function and to review the concept of a perceptual object. RESUMO: Este artigo visa a abordar algumas das dificuldades que o intencionalismo perceptivo enfrenta, ao especificar a natureza da experiência perceptiva e o objeto da percepção. Meu objetivo é mostrar que o intencionalista pode incorporar a tese associada ao disjuntivismo de que o objeto da percepção é parte da experiência perceptiva, sem abrir mão do princípio do fator comum. Eu defendo que, para fazer isso, é necessário recorrer ao conceito de função biológica e realizar uma revisão do conceito de objeto da percepção. (shrink)

From its earliest beginnings, American conditioning research using human subjects had to deal with the possibility that subjects might voluntarily control the reaction that the experimenter attempts to condition, with the result that voluntary control contaminates the study of conditioning in humans. A preliminary solution to the problem was achieved around 1940, ending the time frame of this survey. This article provides an historical survey of the conceptual background of the opposition of volition and reflexes; describes manifestations of (...) the problem in conditioning research; and critically examines earlier efforts to solve the problem as well as the presumptive solution that disposed of the issue by 1940. Lessons from this story are adduced. (shrink)

From its earliest beginnings, American conditioning research using human subjects had to deal with the possibility that subjects might voluntarily control the reaction that the experimenter attempts to condition, with the result that voluntary control contaminates the study of conditioning in humans. A preliminary solution to the problem was achieved around 1940, ending the time frame of this survey. This article provides an historical survey of the conceptual background of the opposition of volition and reflexes; describes manifestations of (...) the problem in conditioning research; and critically examines earlier efforts to solve the problem as well as the presumptive solution that disposed of the issue by 1940. Lessons from this story are adduced. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render (...) certain norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

In Sahan et al ’s article,1 they present the ethical challenges faced by clinical laboratory scientists in genetic medicine, including labour allocation and responsibility, interpretation and accuracy of results with new technologies, and the need for better standardisation and ethical consistency. At the same time, they also propose a potential solution to the aforementioned challenges: ethical preparedness(EP). Along with their vivid case discussions and insightful analysis, I would like to propose two more points that are worth further examination (...) and discussion to aid stakeholders in better comprehending the ethical issues that clinical laboratory scientists face in the practice of genetic medicine. The case 1 reported by Sahan et al raises concerns about who should be responsible for tracking families or individuals with genetic results, particularly in the absence of mainstream services to track future risks. However, this should not be a factor influencing the decision to inform gene carriers. If there is a clear division of responsibilities in current practice, clinical laboratory scientists can report detected gene carriers without psychological burden. However, the decision to report gene carriers should be based on who is being served when clinical laboratory scientists face genetic problems in clinical practice and who is being considered when …. (shrink)

In this work Ockham proposes a theory of simple predication, which he uses in explicating the truth conditions of progressively more complicated kinds of propositions. His discussion includes what he takes to be the correct semantic treatment of quantified propositions, past tense and future tense propositions, and modal propositions, all of which are receiving much attention from contemporary philosophers. He also illustrates the use of exponential analysis to deal with propositions that prove troublesome in both semantic theory and (...) other disciplines, such as metaphysics, physics, and theology. This type of analysis plays an essential role in his substantive philosophical and theological works, and in many cases then can hardly be understood without a prior acquaintance with this section of the Summa. An introduction by Alfred J. Freddoso clarifies and summarizes Ockham's theory, discusses certain philosophical problems which it engenders, and proposes new interpretations for parts of it. The essay will be helpful both to those interested in Ockham as a historical figure and to those interested in his substantive systematic contributions to logical theory. (shrink)

The present paper aims at addressing a crucial legal conflict in the information society: i.e., the conflict between security and civil rights, which calls for a “fine and ethical balance”. Our purpose is to understand, from the legal theory viewpoint, how a fine ethical balance can be conceived and what the conditions for this balance to be possible are. This requires us to enter in a four-stage examination, by asking: (1) What types of conflict may be dealt with (...) by means of balancing? (2) What is meant by balancing? Is it a metaphor that hides and dissimulates discretionary powers and subjective decisions or a rational instrument that helps us cope with conflicts between fundamental values and interests? (3) What models of balancing are available to us? Are these models irreducible to each other? What can provide us with a common understanding of different models of balancing? (4) How can the crucial issues of rational controllability, predictability, and homogeneity of legal decisions be dealt with? Our paper will try to answer those questions by trying to reconstruct the act of balancing in terms of a rational legal reasoning, which relies upon information. In fact, every judicial decision contains some information that is delivered to the legal system: that information may serve as the basis for future evaluations, decisions, and actions, and thus influence the way we recognize and hence we protect our values, interests, and rights. In this perspective, our examination will attempt to understand those questions in informational terms. This informational treatment can provide us with a more universalistic understanding of those issues and offer us a novel way to conceptually deal with them. To this aim, we will avail yourself of Luciano Floridi’s philosophy of information: notably, we believe his constructionist conception of epistemology is crucial, based on the Maker’s Knowledge approach and his solution of the upgrading problem (i.e., from information to knowledge) in terms of a network theory of account. The informational approach will help us having a better understanding of the balance between competing interests. (shrink)

The author, a tutor in philosophy at the University of Melbourne, attempts to take a fresh look at the traditional problem of theodicy: is the existence of an omnipotent and good God compatible with the presence of evil in the world? Focusing his attention primarily on the writings of English-speaking theists and their critics in the analytic tradition, he argues that "the main arguments of both theist and nontheist fail and that evil leaves God's existence an open question." The (...) study begins with the interesting and basic argument that there are, in fact, "three distinct kinds of problems about the logical compatibility of God and evil": the general, abstract question whether the existence of even one instance of any kind of evil logically excludes the existence of a good and omnipotent God; the specific abstract questions whether the existence of God is compatible with specific sorts, degrees, or numerical instances of evil; the specific concrete questions whether, granted possible conditions for the compatibility of theistic belief with evil in the world, these conditions are met in our world. In what is the most thorough section of the book, he argues regarding the general question that: "It cannot be shown that, if any evil exists, a wholly good, omnipotent being could not exist." "It seems possible to show that a wholly good, omnipotent being could exist, if some evil exists." Then he makes similar, but rather summary, claims regarding the specific abstract problems. Finally, regarding the specific concrete problems, he examines four theistic attempts to deal with them and concludes that all such attempts cannot be very successful. One might wish that the basic terms of the discussion--omnipotence, perfect goodness, and evil--had been more fully examined and that the abstract, logical questions with which the author deals had been related more directly to the lived experience of the theist and the atheist. However, within the limits he sets to his consideration, the author's work, especially his mapping of the problem, is careful and illuminating.--H. F. (shrink)

We often assume that hypothetical approval – either in the form of preferences or consent – under ideal conditions adds to the legitimacy of an arrangement or act. I want to show that this assumption, reasonable as it may seem, will also give rise to ethical problems. I focus on three problem areas: prudence, euthanasia and coercive psychiatric treatment. If we are to count as prudentially or morally␣relevant those preferences you would have if you were informed and (...) rational, we will run into difficulties in all these areas if your actual and rational preferences are at variance with each other. In the prudential sphere we may question the personal value of satisfying preferences that a person does not actually have. In this case our problem concerns the point of satisfying a rational preference in conflict with an actual one. In the cases of euthanasia and coercive care it concerns instead whether it would be morally right to do such a thing. I doubt there is a simple solution to our problem. In this paper at most I prepare the way for a solution or for wiser decisions in the hard cases, by pointing out what they will have to deal with. (shrink)

ABSTRACT. In this paper, I defend a strong version of actual intentionalism. First, I argue against meaning subjectivism, conventionalism and contextualism. Second, I discuss what I take to be the most important rival to actual intentionalism, namely hypothetical intentionalism. I argue that, although hypothetical intentionalism might be acceptable as a definition of the concept of utterance meaning, it does not provide an acceptable answer to the question of what determines an utterance’s meaning. Third, I (...) deal with the most serious objection against actual intentionalism, namely the failure objection. I argue that the failure objection can be overcome within a framework of full-blown actual intentionalism if one distinguishes between categorial and semantic intentions. Moreover, I show how this version of actual intentionalism accounts for the possibility of innovative metaphors and other implicatures. Finally, I demonstrate that actual intentionalism – thus construed – makes it possible to distinguish between communicative failures and the intentional breaking of conventions. (shrink)

Anorexia nervosa remains an enigma among Western cultures. Various causal explanations have been offered, encompassing biological, psychological, and sociocultural models. These explanations, however, focus on the immediate or proximal mechanisms of causation. A more thorough understanding of anorexia nervosa can be achieved by understanding the relationship between these factors and ultimate causation, the level of explanation which deals with individual reproductive fitness. This paper reviews the biological, psychological, sociocultural, and evolutionary models and indicates a necessary synthesis between proximate and (...) ultimate levels of causation in examining the anorexia nervosa puzzle. (shrink)

This paper explores trivalent truth conditions for indicative conditionals, examining the “defective” truth table proposed by de Finetti and Reichenbach. On their approach, a conditional takes the value of its consequent whenever its antecedent is true, and the value Indeterminate otherwise. Here we deal with the problem of selecting an adequate notion of validity for this conditional. We show that all standard validity schemes based on de Finetti’s table come with some problems, and highlight two ways (...) out of the predicament: one pairs de Finetti’s conditional with validity as the preservation of non-false values, but at the expense of Modus Ponens; the other modifies de Finetti’s table to restore Modus Ponens. In Part I of this paper, we present both alternatives, with specific attention to a variant of de Finetti’s table proposed by Cooper and Cantwell. In Part II, we give an in-depth treatment of the proof theory of the resulting logics, DF/TT and CC/TT: both are connexive logics, but with significantly different algebraic properties. (shrink)

My article in this issue of PPP is based on a lengthy book, La Société du malaise, in which I examine the shift from Oedipal neurosis to narcissistic pathologies in France and in the United States, viewing this shift in connection with changes in social ideals regarding autonomy that I summarize as autonomy–aspiration and autonomy–condition. Using the notion of social pathology, I consider sociological/anthropological dimensions of so-called mental health problems by viewing them as individualistic ways of dealing (...) with adversity or misfortune in a form of life permeated with the autonomy–ideal. Changes in ways of acting in society go together with changes in forms of being.. (shrink)

This article deals with the theme of subjectivity. One of the most pressing questions today is what theoretical and practical efforts should be made to avoid being a powerless tool in the hands of others and under what conditions one’s own “subjective opinion” becomes the real, reliable fulcrum as far as purposeful activity, free and reasonable goal-setting are concerned. The desire to derive subjectivity from individual, singular existence today forces a thinker as prominent as Slavoj Žižek to search (...) for its form as “purified from” ideological layers and the contingencies of life. In his search for such a form, he turns to the psychoanalytic tradition, to the work of Jacques Lacan and his attempts to formalize the structures of subjectivity in isolation from the universality that generates them as necessity. This abstract consideration of subjectivity leads him to recognize subjectivity as a “distorting factor” in view of the insurmountable rupture between being and thinking. Evald Ilyenkov takes a different approach to the question of active self-determination. He conceives of personality as universal—the traits of a person are formed in the course of interaction between individuals in the process of producing the means of life. The individual becomes a personality or an acting subject, appropriating the generic powers of humanity, while being included in a system that implies a human relationship to the thing and, through it, to another individual. (shrink)

As most of its readers are aware, the Critique of Pure Reason is primarily concerned not with empirical, but with a priori knowledge. For the most part, the Kant of the first Critique tends to assume that experience, and the knowledge that is based on it, is unproblematic. The problem with which he is concerned is that of how we can be capable of substantive knowledge independently of experience. At the same time, however, the notion of experience (...) plays a crucial role in the central arguments of the Critique. For, again as most readers of the Critique know, Kant aims to show how we can have synthetic a priori knowledge by showing that the categories, or pure concepts of the understanding, are conditions of the possibility of experience. This means that, whether or not Kant is concerned with the notion of experience for its own sake, his account of a priori knowledge carries with it at least some commitments regarding the character of experience. If the account of a priori knowledge is to be successful, then experience has to be the kind of thing for which the categories can, in principle, serve as conditions of possibility. More specifically, experience must involve not only the senses, but also thought or understanding, for otherwise the claim that it presupposes a certain specific set of concepts is simply unintelligible. And indeed at least some parts of the Critique, in particular the so-called subjective deduction in the first edition, and the briefer passages which correspond to it in the second edition, seem to be intended to show how this requirement is met. That is, they are concerned not so much with showing that experience is governed by the categories, as with elaborating a view of experience as involving conceptual activity überhaupt. (shrink)

In this paper I will deal with the solution to the problem of cognitive significance offered by the so-called new theorists of reference, as well as with the critique of that solution given by Howard Wettstein. I will claim that the answer to this critique provided by John Perry is not sufficiently convincing. First, I will clarify some relevant concepts in order to present the problem of cognitive significance in a clear manner. Then I will expose the solution (...) to the problem offered by Perry and David Kaplan. After that, I will present Wettstein?s critique of that solution. Subsequently, I will also analyze Perry?s attempt to defend against this critique. Finally, I will discuss the extent to which Perry?s attempt is successful. It will be shown that it is significantly not so. nema. (shrink)

Since James Carroll (1971) made a strong case for “participatory technology”, scientists, engineers, policy-makers and the public at large have seen quite a number of different approaches to design and implement participatory processes in technology assessment and technology policy. As these participatory experiments and practices spread over the last two decades, one could easily get the impression that participation turned from a theoretical normative claim to a working practice that goes without saying. Looking beyond the well-known forerunners and considering the (...) ambivalent experiences that have been made under different conditions in various places, however, the “if” and “how” of participation are still contested issues when questions of technology are on the agenda. Legitimation problems indicate that attempts to justify participation in a given case have not been entirely successful in the eyes of relevant groups among the sponsors, participants, organizers or observers. Legitimation problems of participatory processes in technology assessment and technology policy vary considerably, and they do so not only with the two domains and the ways of their interrelation or the specific features of the participatory processes. If we ask whether or not participation is seen as problematic in technology assessment and technology policy-making and in what sense it is being evaluated as problematic, then we find that the answer depends also on the approaches and criteria that have been used to legitimize or delegitimize the call for a specific design of participation. (shrink)

At the center of both Humean and Kantian experience is a connection between the objectivity of perception and the concept of substantial identity. In the course of examining both systems as responses to structurally similar problems of perceptual objectivity, I argue that Kant's conception of substantial persistence is superior to Hume's account of the idea of identity. ;There are deep tensions in Hume's account of perception that are partially explicable in terms of his complex and naturalistic 'moderate scepticism' and (...) the conflict in the faculties of causal reasoning and imagination upon which it rests. Despite the subtlety of his explanatory scepticism, however, there remains a damaging vacillation in Hume between perceptible phenomena understood as the objects of 'vulgar' direct realism on the one hand, and as the subjective images of the causal-representationalist philosophy on the other. There are also difficulties with Hume's idea of perfect identity, the foundation of both the vulgar and philosophical systems of belief in body. Starting from an assumption of radical perceptual diversity, Hume unsuccessfully attempts to build an idea of substantial identity upon the fiction of a duration without change. ;The tension in Hume concerning the direct objects of perception is paralleled by the subjective/objective ambiguity of Kant's perceptual content terms. In Kant, however, the ambiguity reflects a coherent account of conceptualization, perceptual judgment, and self-conscious temporal experience. I examine Kant's arguments for the persistence and absolute permanence of substance and show that they are largely successful if premises are supplied from the general account of objective judgment and the unity of consciousness. ;Hume's theory of perceptual belief is ingenious but ultimately unsatisfactory according to his own criteria. His failure to construct an idea of identity upon a fictitious duration casts favorable light on Kant's contention that substantial identity is a condition on having any cognition of duration. The two philosophers' dispute concerning identity is conceptually connected to their differing treatments of the 'given' element in perception. (shrink)

Encounters with illness, impairment, and aging can disrupt one’s experiential relationship with self, body, others, and world. “Healing” takes place when the individual is able to re-integrate his or her world, even if the condition is not medically curable. Drawing on work in the phenomenology of the body, this article examines a series of eight “healing strategies” individuals employ, each representing a different way of orienting toward the painful or impaired body. One may lean into freeing oneself from (...) the body, through strategies of “refusing,” “ignoring,” “objectifying,” or “transcending” its problems. Conversely, one may choose to embrace the body, through strategies such as “accepting,” “listening,” “befriending,” or “witnessing.” It can be beneficial to have a good number of such coping strategies at one’s disposal, enhancing flexible response to chronic challenges. They also are often used in synergistic or complementary combinations. (shrink)

The article analyses recent English publications in Cartesian studies that deal with two problems: the problem of the intrinsic coherence of Descartes’s doctrine of the real distinction and interaction between mind and body and the problem of the consistency of this doctrine with the causal principle formulated in the Third Meditation. The principle at issue is alternatively interpreted by different Cartesian scholars either as the Hierarchy Principle, that the cause should be at least as perfect as its (...) effects, or the Containment Principle, that the cause should contain all there is in its effects. The author argues that Descartes’s claim that it is inconceivable how things of different natures can interact does not conflict with the acknowledgement of interaction between things of different natures in the case of soul and body. The case is made that Cartesian mind-body interaction can agree with both the Hierarchy Principle and the Containment Principle, because the Principle is about total and efficient cause, whereas in the interaction, mental and brain states are only partial causes. In particular, in the case of the causality in the brain-to-mind direction, the mind is conditioned by brain states to form the corresponding specific ideas on the basis of its innate general ideas of movements, forms, colours, etc. Eventually, for Descartes, the most natural way to deal with worries about the possibility of mind-brain interaction is to rely on God’s omnipotence, which certainly enables Him to arrange for such interaction. (shrink)

The paper shows mechanisms and manifestations of the challenges for the security in the South American Tri-Border Area. It analyses the background of the activity of chosen organized crime and terrorist groups in this region. The article refers to some social and economic conditions for the spread of violence and illegal business in the area. It is focused on the most important dimensions of these problems and on the strategy implemented by South American governments to fight and prevent (...) organized crime. The paper shows how the security forces deal with the threat and evaluate the impact of these efforts. (shrink)

The article outlines the methodological problems of the philosophical and religious studies discourse of the forecast activity, considers the forecast as a specific type of knowledge, the subject-object interconnection of knowledge in the conditions of forecasting. The analysis of the activity of the cognitive activity of the subject required, in turn, to consider the principle of anthropy and the vector of time changes. The article deals with the problems of the objectivity of scientific analysis of religious (...) reality. The article formulated the scientific-categorical apparatus, which corresponds to the forecast activity in the religious sphere. Specifies and defines certain concepts that help to focus the perspective of religious studies and adequately isolate and predict the religious aspect of social life. (shrink)

SummaryThe paper is concerned with the connection between Kant's conception of transcendental schematism and his analysis of the conditions of the possibility of synthetic a priori judgments. After dealing with some of the standard objections to Kant's theory, I argue that transcendental schemata must be construed as pure intuitions. I then point out that the Principles of Pure Understanding are a set of synthetic a priori judgments which assert the function of the various schemata as necessary (...) conditions of the possibility of experience, and that each of these judgments involves the relation of a pure concept to pure intuition . Finally, I argue that the connection between a category and its schema must itself be both synthetic and a priori. It therefore requires a “deduction”, which Kant himself does not provide, but which I endeavor, in part, to provide for him. (shrink)

In the 1960’s, Lars Bergström and Hector-Neri Castañeda noticed a problem with alternative acts and consequentialism. The source of the problem is that some performable acts are versions of other performable acts and the versions need not have the same consequences as the originals. Therefore, if all performable acts are among the agent’s alternatives, act consequentialism yields deontic paradoxes. A standard response is to restrict the application of act consequentialism to certain relevant alternative sets. Many proposals are based on (...) some variation of maximalism, that is, the view that act consequentialism should only be applied to maximally specific acts. In this paper, I argue that maximalism cannot yield the right prescriptions in some cases where one can either (i) form at once the intention to do an immediate act and form at a later time the intention to do a succeeding act or (ii) form at once the intention to do both acts and where the consequences of (i) and (ii) differ in value. Maximalism also violates normative invariance, that is, the condition that if an act is performable in a situation, then the normative status of the act does not depend on what acts are performed in the situation. Instead of maximalism, I propose that the relevant alternatives should be the exhaustive combinations of acts the agent can jointly perform without performing any other act in the situation. In this way, one avoids the problem of act versions without violating normative invariance. Another advantage is that one can adequately differentiate between possibilities like (i) and (ii). (shrink)

It is widely assumed that justification is defeasible, e.g. that under certain conditions counterevidence removes prior justification of beliefs. In this paper I will first (sect. 1) explain why this feature of justification poses a prima facie problem for reliabilism. I then will try out different reliabilist strategies to deal with the problem. Among them I will discuss conservative strategies (sect. 2), eliminativist stragies (sect. 3) and revisionist strategies (sect. 4). In the final section I will present an (...) improved revisionist approach to defeaters that is able to overcome the main shortcomings of the other approaches. (shrink)

What are the different styles by which political theorists deal with intellectual problems? This question is important because if we do not answer it, we shall not know why methodological disagreements are so much more intense and heated than substantive disagreements. Nor shall we know why particular political theorists take the positions they do in methodological controversies. This paper argues that there are now five main styles by which political theorists deal with intellectual problems: the Classicist, (...) the Mannerist, the Baroque, the Romantic, and the Collectivist. Classicism solves the problem it poses, Mannerism presses it, the Baroque resolves it, Romanticism dissolves it, and Collectivism publicizes it. For each style, we give an account of its main features, give examples of how it has been applied to different problems in political theory, and then identify its strengths and weaknesses. (shrink)

The problem of satisfaction conditions arises from the apparent difficulties of explaining the nature of the mental states involved in our emotional responses to tragic fictions. Greg Currie has recently proposed to solve the problem by arguing for the recognition of a class of imaginative counterparts of desires - what he and others call i-desires. In this paper I will articulate and rebut Currie's argument in favour of i-desires and I will put forward a new solution in terms of (...) genuine desires. To this aim I will show that the same sort of puzzling phenomenon involved in our responses to tragic fictions arises also in a non-fictional case, and I will offer a solution to the problem of satisfaction conditions that dispenses with i-desires. The key to the explanation is in the notion of condition-dependent desires triggered by fictions. (shrink)

According to the safety condition, a subject knows that p only if she would believe that p only if p was true. The safety condition has been a very popular necessary condition for knowledge of late. However, it is well documented that the safety condition is trivially satisfied in cases where the subject believes in a necessary truth. This is for the simple reason that a necessary truth is true in all possible worlds, and therefore it is true in all (...) possible worlds where it is believed. But clearly, all beliefs concerning necessary truths do not amount to knowledge. The safety theorists have attempted to deal with the problem caused by necessary truths by restricting the safety condition to purely contingent truths and by globalizing the safety condition to a set of propositions. Both of these solutions are problematic. The principal aim of this paper is to develop a version of the safety condition that is able to deal with cases featuring necessary truths. (shrink)

Can we find necessary and sufficient conditions for a mental state to be a pain state? That is, does pain have a nature? Or is the term ‘pain’ ambiguous? I argue here that our expression ‘pain’ lacks necessary use conditions if one considers a range of contexts. As use conditions constrain the reference class, I argue that ‘pain’ does not refer to a natural category, but binds together a bunch of loosely resembling phenomena. This leads to (...) class='Hi'>problems for scientific and clinical discourse. To solve these, a method of explication is suggested, based on a discursive combination between analysis of first-person reports and theories of natural science. Lastly, I consider the ethical implications of this ambiguity that lead to a reformulation of the goal of pain science: Not alleviation of all pains ought to be our goal, but only manipulation of conscious and negatively emotionally charged pains. (shrink)

Belief-revision models of knowledge describe how to update one’s degrees of belief associated with hypotheses as one considers new evidence, but they typically do not say how probabilities become associated with meaningful hypotheses in the first place. Here we consider a variety of Skyrms–Lewis signaling game (Lewis in Convention. Harvard University Press, Cambridge, 1969; Skyrms in Signals evolution, learning, & information. Oxford University Press, New York, 2010) where simple descriptive language and predictive practice and associated basic expectations coevolve. (...) Rather than assigning prior probabilities to hypotheses in a fixed language then conditioning on new evidence, the agents begin with no meaningful language or expectations then evolve to have expectations conditional on their descriptions as they evolve to have meaningful descriptions for the purpose of successful prediction. The model, then, provides a simple but concrete example of how the process of evolving a descriptive language suitable for inquiry might also provide agents with conditional expectations that reflect the type and degree of predictive success in fact afforded by their evolved predictive practice. This illustrates one way in which the traditional problem of priors may simply fail to apply to one’s model of evolving inquiry. (shrink)

This dissertation presents an objection to Wittgenstein's concept of family resemblances, three possible solutions to the objection, evaluations of the solutions, and a sketch of Wittgenstein's approach to the objection. My thesis is that none of the three proposed solutions is satisfactory, but that Wittgenstein can deal with the objection. ;Chapter I presents the Problem of the Under-Determination of Extension, the claim that family resemblances are not enough to explain the extension of a concept, since resemblances may be postulated (...) between cases falling under different concepts. ;Chapters II and III discuss three solutions proposed by commentators on family resemblances. The Basic Predicates Solution claims that points of family resemblance are sufficient conditions, and is incorrect since Wittgenstein denies that one can infer the applicability of a concept based on the presence of a resemblance to an instance of the concept. The Simple Properties Solution claims that only some concepts are family resemblance concepts, and depend upon concepts which are not family resemblance concepts, and is incorrect, since Wittgenstein does not require that family resemblance concepts be reducible to non-family resemblance concepts. The Bi-Directional Determination of Concepts Solution is the claim that a concept is determined by an interaction between facts about cases subsumed under it, and needs and purposes of language-users. This solution is non-Wittgensteinian by ignoring the ramifications of his concepts of grammar and language-games. ;Chapter IV argues that Wittgenstein deals with the original objection by developing new models for understanding language, involving the concepts of grammar and language-games. (shrink)

What today divides analytical from Continental philosophy? This paper argues that the present divide is not what it once was. Today, the divide concerns the styles in which philosophers deal with intellectual problems: solving them, pressing them, resolving them, or dissolving them. Using ‘the boundary problem’, or ‘the democratic paradox’, as an example, we argue for two theses. First, the difference between most analytical and most Continental philosophers today is that Continental philosophers find intelligible two styles of (...) class='Hi'>dealing with problems that most analytical philosophers find unintelligible: pressing them and resolving them. Second, when it comes to a genuine divide in which not understanding the other side’s basic philosophical purposes combines with disagreement on fundamental questions of doctrine, the only such divide today is that between those analytical philosophers who tend to solve problems and those Continental philosophers who tend to press problems. It is among these subgroups that there is a real philosophical divide today. So the analytical–Continental divide is more a matter of style than of substance; but as we try to show, differences in style shape differences over substance. (shrink)

In a previous paper it was suggested that specific concepts are needed in the psychological sciences and the basic mental triad was described as a useful tool to further our understanding of mentation. It was stated that the sensori-motor reflex principle cannot describe and explain mental phenomena, because the reflex is basically a mechanistic occurrence, while mental phenomena differ in essence from mechanisms. Since conditioned reflexes can be conceived as sensori-motor reflexes with another, non-mechanistic factor superimposed, similarities and contrasts (...) between reflexes and conditioned reflexes were taken as the material from which one can develop new thoughts about mentation. Reflex shutting of the eyelid, caused by direct contact between cornea and a small, invisible foreign body was compared with and contrasted to shutting the eye before a large, visible object thrusting toward the eye. It was shown that reflexes occur in response to a stimulus after the stimulus has been applied, while conditioned reflexes seem to anticipate the stimulus. This was taken as evidence that conditioned reflexes have a protensive character, have a relationship to the future, which sensori-motor reflexes lack. This difference in time relationship was developed into the statement that the difference between mechanisms and mental phenomena lies in their different relationship to the future. The need for specific concepts to describe mental phenomena stems from the inability of the reflex principle to deal with the protensive tendency of mental phenomena and to fill this need the concept of the basic mental triad was offered. This principle consists of three interdependent, interwoven phases: the triad connects with the past through condensation of some of the subject's past experience into a vaguely formed conglomerate; it connects with the future by projecting the condensed past into the future; the central phase of the triad is the act within the present instant, where a synthesis of past, present and future is accomplished. (shrink)

This paper examines two different, but closely related, classes of problems. The first part deals with whistleblowers, and the difficulties and dangers that they have often faced, although their actions, in the rare cases where they become necessary, are indispensable for the maintenance of honest science. The problems are illustrated by discussion of several specific cases from 1960 to 1990. The second part deals with problems that face many young scientists today, and the stresses to (...) which they are exposed in an increasingly competitive atmosphere. There are powerful pressures for premature publication, and many gifted scientists are driven to spend an inordinate amount of time in writing grant applications that are turned down for lack of funds, while receiving high praise from reviewers. Correction of conditions is an important matter for science policy; it is also important, among other things, to relieve pressures that would tend to encourage deviations from the standards necessary for trustworthy science. (shrink)

A publication by Professor Margenau is always of interest to persons concerned with philosophy of science. This is especially true, however, of his recently published book, The Nature of Physical Reality; for this book, dealing with basic epistemological problems arising from the development of modern quantum mechanics, is the most comprehensive and most systematic formulation of its author's philosophical position and is at the same time conceived as a “challenge” to “uncritical realism, unadorned operationalism, and radical (...) empiricism”—to points of view, that is, which Professor Margenau regards as “outmoded and in disharmony with the successful phases of contemporary physics”. (shrink)

Concept representation is still an open problem in the field of ontology engineering and, more generally, of knowledge representation. In particular, the issue of representing “non classical” concepts, i.e. concepts that cannot be defined in terms of necessary and sufficient conditions, remains unresolved. In this paper we review empirical evidence from cognitive psychology, according to which concept representation is not a unitary phenomenon. On this basis, we sketch some proposals for concept representation, taking into account suggestions from psychological research. (...) In particular, it seems that human beings employ both prototype-based and exemplar-based representations in order to represent non classical concepts. We suggest that a similar, hybrid prototype-exemplar based approach could also prove useful in the field of knowledge representation technology. Finally, we propose conceptual spaces as a suitable framework for developing some aspects of this proposal. (shrink)

Sceptical theism is supposed, by a number of philosophers, to undercut the evidential basis for the evidential problem of evil. In this paper, I argue that even ifsceptical theism succeeds, its success comes with a hefty epistemic price: it threatens to undermine a good deal of what we supposedly know. Call this the problem of epistemic evil. Thus, sceptical theism has a costly philosophical price of admission. In light of this, it seems that the evidential problem of evil (...) is harder to dislodge than it might have initially seemed; i.e. with sceptical theism, we trade the evidential problem of evil for the problem of epistemic evil. (shrink)

This paper examines two different, but closely related, classes of problems. The first part deals with whistleblowers, and the difficulties and dangers that they have often faced, although their actions, in the rare cases where they become necessary, are indispensable for the maintenance of honest science. The problems are illustrated by discussion of several specific cases from 1960 to 1990.The second part deals with problems that face many young scientists today, and the stresses to which (...) they are exposed in an increasingly competitive atmosphere. There are powerful pressures for premature publication, and many gifted scientists are driven to spend an inordinate amount of time in writing grant applications that are turned down for lack of funds, while receiving high praise from reviewers. Correction of conditions is an important matter for science policy; it is also important, among other things, to relieve pressures that would tend to encourage deviations from the standards necessary for trustworthy science. (shrink)

This problem has already been discussed by a number of authors.[i] Typically, however, authors take one of two extreme positions: they hold that all welfare should be taken at face value, or they hold that "suspect" welfare should be completely ignored. My contribution here is the following: First, I introduce the notion of unauthorized (suspect) welfare, of which welfare from meddlesome preferences, offensive tastes, expensive tastes, etc. are special cases. Second, I formulate four conditions of adequacy, applicable to any (...) welfare-based theory, for dealing with unauthorized welfare. These conditions require that unauthorized welfare be "discounted" (play a restricted role) but not be completely ignored. Thus, I shall be exploring a position intermediate between taking "unauthorized" welfare at face value and simply ignoring it. Moreover, the four conditions jointly determine exactly how existing welfare-based theories need to be revised so as to be appropriately sensitive to unauthorized welfare. (shrink)

When attempting to determine which of our acts affect future generations and which affect the identities of those who make up such generations, accounts of personal identity that privilege psychological features and person affecting accounts of morality, whilst highly useful when discussing the rights and wrongs of acts relating to extant persons, seem to come up short. On such approaches it is often held that the intuition that future persons can be harmed by decisions made prior to their existence is (...) mistaken as identity is a most fragile thing with even the smallest differences in the conditions under which we procreate affecting not the interests of distinct future persons, but the identities of those who will come to exist in the future. Within this paper I reject this view, holding that a subscription to these two accounts need not result in the conclusion that virtually all acts relating to possible persons are permitted. Further, I argue that such accounts may in fact allow a great deal more scope for the determination of prenatal harms than accounts of personal identity that privilege physical features. Finally, by interpreting claims regarding causal identity such as Parfit’s Time Dependence Claim in terms of Counterpart Theory I suggest that a solution to the non-identity problem can be found in the acceptance of, as relevant in prenatal cases, three kinds of objective similarity relations: Biological, Environmental and Decisional counterpart relations. (shrink)

The problem of evil has generated varying attempts at theodicy. To show that suffering is defeated for a sufferer, a theodicy argues that there is an outweighing benefit which could not have been gotten without the suffering. Typically, this condition has the tacit presupposition given that this is a post-Fall world. Consequently, there is a sense in which human suffering would not be shown to be defeated even if there were a successful theodicy because a theodicy typically implies that the (...) benefit in question could have been gotten without the suffering if there had not been a Fall. There is a part of the problem of evil that would remain, then, even if there were a successful theodicy. This is the problem of mourning: even defeated suffering in the post-Fall world merits mourning. How is this warranted mourning compatible with the existence of an omniscient, omnipotent, perfectly good God? The traditional response to this problem is the felix culpa view, which maintains that the original sin was fortunate because there is an outweighing benefit to sufferers that could not be gotten in a world without suffering. The felix culpa view presupposes an object of evaluation, namely, the true self of a human being, and a standard of evaluation for human lives. This book explores these and a variety of other topics in philosophical theology in order to explain and evaluate the role of suffering in human lives. (shrink)