Maxime Vachon | Résumé : Le but de cet article est de mettre en lumière les apories sur l’existence du temps et sur le maintenant telles que présentées dans la première partie du chapitre IV, 10 de la Physique d’Aristote par une traduction et un commentaire de ce texte. Plus précisément, l’auteur tente de dégager les présupposés philosophiques des apories en question, notamment à partir des occurrences du verbe histanai et de ses composés. |: The aim of this article is (...) to shed light upon the aporias about the existence of time and about the now as presented in the first part of chapter IV, 10 of Aristotle’s Physics through a translation and a commentary of this text. More precisely, the author attempts to bring out the philosophical presuppositions of the aporias, especially in consideration of the occurrences of the verb histanai and its compounds. (shrink)

Maximize Presupposition! is an economy condition that adjudicates between contextually equivalent competing structures. Building on data discovered by O. Percus, I will argue that the constraint is checked in the local contexts of embedded constituents. I will argue that this architecture leads to a general solution to the problem of antipresupposition projection, and also allows I. Heim’s ‘Novelty/Familiarity Condition’ to be eliminated as a constraint on operations of context change.

Recent semantic research has made increasing use of a principle, Maximize Presupposition, which requires that under certain circumstances the strongest possible presupposition be marked. This principle is generally taken to be irreducible to standard Gricean reasoning because the forms that are in competition have the same assertive content. We suggest, however, that Maximize Presupposition might be reducible to the theory of scalar implicatures. (i)First, we consider a special case: the speaker utters a sentence with a presupposition p which (...) is not initially taken for granted by the addressee, but the latter takes the speaker to be an authority on the matter. Signaling the presupposition provides new information to the addressee; but it also follows from the logic of presupposition qua common belief that the presupposition is thereby satisfied (Stalnaker, Ling Philos 25(5–6):701–721, 2002). (ii) Second, we generalize this solution to other cases. We assume that even when p is common belief, there is a very small chance that the addressee might forget it (‘Fallibility’); in such cases, marking a presupposition will turn out to generate new information by re-establishing part of the original context. We also adopt from Raj Singh (Nat Lang Semantics 19(2):149–168, 2011) the hypothesis that presupposition maximization is computed relative to local contexts—and we assume that these too are subject to Fallibility; this accounts for cases in which the information that justifies the presupposition is linguistically provided. (iii) Finally, we suggest that our assumptions have benefits in the domain of implicatures: they make it possible to reinterpret Magri’s ‘blind’ (i.e. context-insensitive) implicatures as context-sensitive implicatures which just happen to be misleading. (shrink)

Indefinites impose an anti-uniqueness condition on their domain of quantification. The sentence in (1), for instance, cannot be felicitously uttered when it is taken for granted that John has only one friend (Hawkins 1978, 1991, Heim 1991).

Indefinites impose an anti-uniqueness condition on their domain of quantification. The sentence in (1), for instance, cannot be felicitously uttered when it is taken for granted that John has only one friend (Hawkins 1978, 1991, Heim 1991).

Up to age 5, children are known to experience difficulties in the derivation of implicitly conveyed content, sticking to literally true, even if underinformative, interpretation of sentences. The computation of implicated meanings is connected to the (apparent or manifest) violation of Gricean conversational maxims. We present a study that tests unmotivated violations of the maxims of Quantity, Relevance, and Manner and of the Maximize Presupposition principle, with a Truth Value Judgment task with three options of response. We tested pre-schoolers (...) and school-aged children, with adults as controls, to verify at which age these pragmatic rules are recognized and to see whether there is a difference among these tenets. We found an evolutionary trend and that, in all age groups, violations of the maxims of Quantity and of Relation are sanctioned to a higher degree compared to infringements of the Maim of Manner and of the Maximize Presupposition principle. We conjecture that this relates to the effects that the violation of a certain maxim or principle has on the goals of the exchange: listeners are less tolerant with statements that transmit inaccurate or incomplete information, while being more tolerant with those that still permit to understand what has happened. (shrink)

Recall Grice’s well-worn example from Logic and Conversation about Smith, his girlfriend, and his trips to New York: (1) A: Smith doesn’t seem to have a girlfriend these days. B: He has been paying a lot of visits to NY recently. Grice says that in this dialogue, B implicates that Smith has, or may have, a girlfriend in New York. But in saying this, Grice under-describes his own example. For this proposition alone does not suffice to satisfy the requirements of (...) Relation, the maxim presumed to be operative in this case. Grice says that “[B] implicates that which he must be assumed to believe in order to preserve the assumption that he is observing the maxim of Relation.” But the assumption that B thinks that Smith might have a girlfriend in NY is not in itself sufficient to render B’s utterance relevant. An additional assumption is required, one which explicitly links the issue of having girlfriends to the issue of travel to NY: perhaps, the proposition that a person who has a girlfriend somewhere travels there frequently; or that many people have long-distance relationships, and these involve frequent trips to the same place. If A can work out that B is making this supposition, then she can immediately see the relevance of B’s response to her remark. Without it, relevance cannot be established. So this general background assumption must be implicated by the utterance.1 Now, this background assumption is not enough by itself to guarantee relevance. Suppose that B believes the background assumption, but does not believe that Smith might be traveling to NY to visit a girlfriend. Then his utterance is still in violation of Relation. B should invoke the background assumption only if it is relevant itself. (shrink)

Economic man seeks to maximize utility. The rationality of economic man is assumed, and is identified with the aim of utility-maximization. But may rational activity correctly be identified with maximizing activity? The object of this essay is to explore, and in part to answer, this question.This is not an issue solely, or perhaps even primarily, about the presuppositions of economics. The two great modern schools of moral and political thought in the English-speaking world, the contractarian and the utilitarian, (...) identify rationality with maximization, and bring morality into their equations as well. To the contractarian, rational man enters civil society to maximize his expectation of well-being, and morality is that system of principles of action which rational men collectively adopt to maximize their well-being. To the utilitarian, the rational and moral individual seeks the maximum happiness of mankind, with which he identifies his own maximum happiness. (shrink)

We carry out the Karttunen-Stalnaker pragmatic account of presupposition projection within a state-of-the art version of dynamic epistemic logic. It turns out that the basic projection facts can all be derived from a Gricean maxim ‘be informative’. This sheds light on a recent controversy on the appropriateness of dynamic semantics as a tool for analysing presupposition.

The aim of this article is to examine how Ricœur’s critique of Husserl’s and Levinas’s notions of intersubjectivity informs his own alternative conceptualization of the intra- and interpersonal as a complex intertwining of moral selfhood and a just community. My first assumption is that law, as a prescriptive intervention in the social structure of our communal life, presupposes a phenomenology of our “being with others”. My second assumption is that Ricœur’s entire philosophical anthropology, and specifically his ideas on ethics, legality (...) and justice, can be read as a prolonged response to Husserl’s solipsistic deadlock in the famous Fifth Cartesian Meditation. Taken together these two assumptions connect Ricœur’s early analysis of phenomenology with his complex reconceptualization of moral selfhood in Oneself as Another, culminating in the ethical maxim of “a good life with and for others in just institutions.”. (shrink)

the voluntary actions of such beings cannot be covered by causal laws. Decision theorists, accepting the premise of this argument, appeal instead to noncausal laws predicated on principles of success—oriented action, and use these laws to produce substantive and testable predictions about large—scale human behavior. The primary directive of success-oriented action is maximization of some valuable quantity. Many economists and social scientists use the principles of decision theory to explain social and economic phenomena, while many political philosophers use them to (...) make recommendations on questions of.. (shrink)

The notions of perceptual normativity and optimality have generated much discussion in the last decade or so in the literature on Merleau-Ponty. Husserl’s position on the topic has been far less extensively investigated. Surprisingly, however, Husserl wrote a great deal about the question of perceptual optimality. Not only are there a considerable number of important passages scattered throughout the manuscripts, the archive also contains a few important full texts on precisely this issue. Given the role of fulfillment for Husserl’s concept (...) of intentionality, this should not really come as a surprise, since the teleological nature of the fulfillment structure terminates in an experience of the optimum. Hence, however marginal this topic might seem at first glance, reflecting on it rapidly leads us to the heart of Husserl’s project and sheds further light on his conception of intentional experience. (shrink)

Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and moral disputes surrounding hate speech (...) laws—in particular, surrounding their compatibility with the rule of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics constitutes a distinctively promising tool for ascertaining the ordinary meaning of “hate speech.” Finally, we offer a proof of concept, by outlining, and analyzing the interpretive and moral implications of, the first such study. (shrink)

In an ideal democracy, people from all walks of life would come together to talk meaningfully and respectfully about politics. But we do not live in an ideal democracy. In contemporary democracies, which are marked by deep social divisions, different groups for the most part avoid talking to each other. And when they do talk to each other, their speech often seems to be little more than a vehicle for rage, hatred, and deception. -/- Democratic Speech in Divided Times argues (...) that we should nevertheless not give up on the ideal of democratic public speech. Drawing on the resources of political theory, epistemology, and philosophy of language, this book develops a sustained account of the norms that should govern public discourse in deeply divided circumstances. Should we try to find common ground when we talk to our political opponents, even though they seem unreasonable? Should we refrain from expressing anger, if we want to get things done? How can we use our speech to fight hate speech and disinformation? And is it even possible to speak to 'the other side,' in settings where different groups dislike one another, live apart from one another, and don't know much about one another? By tackling these questions, Lepoutre demonstrates that, when governed by the right set of norms, public speech can be a powerful force for good even amidst profound social divisions. (shrink)

While much research has focused on the effects of ethical and unethical leadership, little is known about how followers come to perceive their leaders as ethical or unethical. In this article, we investigate the co-creation of ethical and unethical leadership perceptions. Specifically, we draw from emerging research on moral congruence in organizational behaviour and empirically investigate the role of congruence in leaders’ and followers’ moral foundations in followers’ perceptions of ethical and unethical leadership. By analysing objective congruence scores from 67 (...) leader–follower dyads by means of polynomial regression with surface response analysis, we find partial support for our theoretically derived predictions. Significant effects were revealed for the fairness, loyalty, and authority moral foundations but not for the care and sanctity moral foundations. We discuss theoretical and practical implications of these findings. (shrink)

Traditional approaches describe ethical decision-making of leaders as driven by conscious deliberation and analysis. Accordingly, existing approaches of ethically-oriented leader development usually focus on the promotion of deliberative ethical decision-making, based on normative knowledge and moral reasoning. Yet, a continually growing body of research indicates that a considerable part of moral functions involved in ethical decision-making is automatic and intuitive. In this article, we discuss the implications of this moral intuition approach for the domain of ethically-oriented leader development. Specifically, we (...) introduce a conceptual model and develop a set of theoretical propositions, suggesting that the moral intuition perspective significantly contributes to effective ethically-oriented leader development. The discussion examines theoretical implications and practical applications of the presented propositions and outlines directions for future research. (shrink)

Jeremy Waldron, among others, has forcefully argued that public hate speech assaults the dignity of its targets. Without denying this claim, I contend that it fails to establish that bans, rather than counterspeech, are the appropriate response. By articulating a more refined understanding of counterspeech, I suggest that counterspeech constitutes a better way of blocking hate speech’s dignitarian harm. In turn, I address two objections: according to the first, which draws on contemporary philosophy of language, counterspeech does not block enough (...) hate speech; according to the second, counterspeech blocks too much speech. Although these objections should qualify our optimism regarding counterspeech, I demonstrate that each can be turned, with even greater force, against hate speech bans. (shrink)

According to an influential objection, which Martha Nussbaum has powerfully restated, expressing anger in democratic public discourse is counterproductive from the standpoint of justice. To resist this challenge, this article articulates a crucial yet underappreciated sense in which angry discourse is epistemically productive. Drawing on recent developments in the philosophy of emotion, which emphasize the distinctive phenomenology of emotion, I argue that conveying anger to one’s listeners is epistemically valuable in two respects: first, it can direct listeners’ attention to elusive (...) morally relevant features of the situation; second, it enables them to register injustices that their existing evaluative categories are not yet suited to capturing. Thus, when employed skillfully, angry speech promotes a greater understanding of existing injustices. This epistemic role is indispensable in highly divided societies, where the injustices endured by some groups are often invisible to, or misunderstood by, other... (shrink)

This is the introduction to the symposium on Maxime Lepoutre, Democratic Speech in Divided Times (Oxford: Oxford University Press, 2021). The symposium contains articles by Paul Billingham, Rachel Fraser, and Michael Hannon, and a response by the author.

This is a survey paper giving a self-contained account of Shelah's theory of the pcf function pcf={cf:D is an ultrafilter on a}, where a is a set of regular cardinals such that a

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Philosophy &Public Affairs, Volume 48, Issue 1, Page 40-78, Winter 2020.

An influential critique of anger holds that anger comes at an important epistemic cost. In particular, feeling angry typically makes risk less visible to us. This is anger’s ‘red mist.’ These epistemic costs, critics suggest, arguably outweigh the epistemic benefits commonly ascribed to anger. This essay argues that the epistemic critique of anger is importantly misleading. This is not because it underestimates anger’s epistemic benefits, but rather because it overlooks the fact that anger’s red mist performs a crucial moral function. (...) By concealing risk, the red mist helps protect the dignity and self-respect of those who live under severe and unchosen risk. This function is vitally important in non-ideal circumstances, where many are unjustly subjected to dignity-impairing risk. And it is irreplaceable, in that it cannot readily be performed by other political emotions, such as hope. Beyond providing a novel defence of anger, this argument has a broader upshot. Anger’s red mist reveals that ignorance is not always problematic in politics. Accordingly, it should not be treated—as has standardly been the case—as an unmitigated political evil. In the first instance, our efforts are better spent ascertaining when ignorance is a problem, and when, instead, it performs a felicitous function. (shrink)

Faced with hate speech, oppressed groups can use their own speech to respond to their verbal oppressors. This “counterspeech,” however, sometimes itself takes on a hateful form. This paper explores the moral standing of such “hateful counterspeech.” Is there a fundamental moral asymmetry between hateful counterspeech, and the hateful utterances of dominant or oppressive groups? Or are claims that such an asymmetry exists indefensible? I argue for an intermediate position. There _is_ a key moral asymmetry between these two forms of (...) speech. But, this asymmetry notwithstanding, hateful counterspeech is capable of enacting serious harms—and so, contrary to what many legal theorists have argued, it is in principle an appropriate object of legal regulation. I begin by considering the central argument for thinking that hateful counterspeech is not seriously troubling. This argument holds that oppressed groups lack authority—and, by extension, “speaker power.” Yet this argument, I suggest, sits in tension with the fact that low-status members of dominant groups can, through their utterances, seriously harm members of oppressed groups. Philosophers of language have developed sophisticated arguments to explain this last phenomenon: they have argued that speaker power is relativised to particular jurisdictions; that it can be acquired dynamically in local settings; and that it is socially dispersed. I argue that, in light of these arguments, it appears that hateful counterspeech, too, can generate serious harms. Nevertheless, I show that this conclusion is compatible with recognising a crucial moral asymmetry between hateful counterspeech and the hate speech of oppressors. (shrink)

Ignorant speech, which spreads falsehoods about people and policies, is pervasive in public discourse. A popular response to this problem recommends countering ignorant speech with more speech, rather than legal regulations. However, Mary Kate McGowan has influentially argued that this ‘counterspeech’ response is flawed, as it overlooks the asymmetric pliability of conversational norms: the phenomenon whereby some conversational norms are easier to enact than subsequently to reverse. After demonstrating that this conversational ‘stickiness’ is an even broader concern for counterspeech than (...) McGowan suggests—it applies not just to oppressive or hateful speech, but also to ordinary policy-related misinformation—I argue that a more sophisticated account of counterspeech can nevertheless overcome it. First, the stickiness objection overlooks the distinction between ‘negative’ and ‘positive’ counterspeech. Instead of directly negating a distorted proposition, positive counterspeech affirms a correct proposition that is inconsistent with the falsehoods at hand. This, I contend, allows it to counter ignorant speech without triggering the properties that render it sticky. Second, the stickiness objection presupposes an unrefined conception of counterspeech’s temporality. Counterspeech should be understood as a diachronic process, which not only follows, but also pre-empts, ignorant utterances. Drawing on speech-act theories of silencing, I argue that pre-emptive counterspeech can condition the conversational context so as to prevent subsequent ignorant utterances from enacting sticky conversational norms. Thus, this theoretically-refined conception of counterspeech helps appreciate how verbal responses might overcome the stickiness of conversational norms; and, in doing so, it reveals that this stickiness need not provide reasons to prefer legal remedies to counterspeech. (shrink)

Most twentieth‐century European philosophers have attempted to think anew the Kantian question about the necessary conditions of experience. A rapid survey of last century's European philosophy would easily show that in spite of the various criticisms formulated against the very project of transcendental foundationalism, the vast majority of the philosophers in the so‐called Continental tradition have not abandoned the project of formulating transcendental arguments altogether. These transcendental inquiries into the conditions of possibility of all these phenomena are certainly more immediately (...) visible in the early works, especially those on Husserl, but a patient reading would show that they are still very much present in the later writings as well. The overcoming of classical transcendentalism at work in deconstruction is indeed the outcome of an ultra‐transcendental strategy. In Of Grammatology, Derrida exposes this ultra‐transcendental logic for the first time when he famously claims that a “pathway” through the transcendental is necessary. (shrink)

Human activity is permeated by norms of all sorts: moral norms provide the 'code' for what we ought to do, norms of logic regulate how we ought to reason, scientific norms set the standards for what counts as knowledge, legal norms determine what is lawfully permitted and what isn't, aesthetic norms establish canons of beauty and shape artistic trends and practices, and socio-cultural norms provide criteria for what counts as tolerable, just, praiseworthy, or unacceptable in a community or milieu. Given (...) the diversity of norm-governed phenomena prevailing in our everyday experience, it is not surprising that the question of normativity has recently generated important debates in philosophy. However, the more specific question concerning the nature and function of 'norms in perceptual experience' has received comparatively little attention. This volume brings together scholars from philosophy of mind, philosophy of perception, and phenomenology to explore this question. (shrink)

How promising is Bitcoin as a currency? This paper discusses four claims on the advantages of Bitcoin: a more stable currency than state-backed ones; a secure and efficient payment system; a credible alternative to the central management of money; and a better protection of transaction privacy. We discuss these arguments by relating them to their philosophical roots in libertarian and neoliberal theories, and assess whether Bitcoin can effectively meet these expectations. We conclude that despite its advocates’ enthusiasm, there are good (...) reasons to doubt that Bitcoin can fulfill its promises and act as a functioning currency, rather than as a mere speculative asset. (shrink)

Public opinion research has shown that voters accept many falsehoods about politics. This observation is widely considered troubling for democracy—and especially participatory ideals of democracy. I argue that this influential narrative is nevertheless flawed, because it misunderstands the nature of political understanding. Drawing on philosophical examinations of scientific modelling, I demonstrate that accepting falsehoods within one’s model of political reality is compatible with—and indeed can positively enhance—one’s understanding of that reality. Thus, the observation that voters accept many political falsehoods does (...) not necessarily establish that they lack political understanding. I then address three worries: that voters cannot generally engage in such political modelling; that political modelling obscures facts that are crucial to political understanding; and that successful political modelling would require knowing that one’s model contains falsehoods. My responses reveal how, going forward, we should measure political ignorance; and they highlight the standing importance of participatory democracy. (shrink)

Jeremy Waldron, among others, has forcefully argued that public hate speech assaults the dignity of its targets. Without denying this claim, I contend that it fails to establish that bans, rather than counterspeech, are the appropriate response. By articulating a more refined understanding of counterspeech, I suggest that counterspeech constitutes a better way of blocking hate speech’s dignitarian harm. In turn, I address two objections: according to the first, which draws on contemporary philosophy of language, counterspeech does not block enough (...) hate speech; according to the second, counterspeech blocks too much speech. Although these objections should qualify our optimism regarding counterspeech, I demonstrate that each can be turned, with even greater force, against hate speech bans. (shrink)

In his collection of essays Having the World in View (2009), John McDowell draws a distinction between empirical experience (conceived as the conceptual activity relevant to judgment) and empirical judgment (i.e., the full-fledged assertoric content itself ). McDowell’s latest proposal is that the form of empirical experience is transferable into judgment, but it is not itself a judgment. Taking back the view he advanced in Mind and World, McDowell now believes that perception does not have propositional content as such, but (...) the content of perception can, however, always be actualized in a judgment. There is, in other words, a strict parallelism between the deliverances of sensibility and potential future judgments of experience. The early Husserl disagrees with this and recognizesexplicitly the existence of coherent forms of perceptual engagement with the world that is independent of the mastery of language and the use of concepts.Perception constitutes—together with certain other embodied practices—our primary mode of access to the world, and this occurs before and independently ofour thinking activity. However, the realization of the centrality of time for intentionality will lead Husserl after 1905 to recognize a kind of lawfulness internal tothe sensuous materials themselves, prior to any egoical achievement. The most immediate consequence of this paradigm change is that the very idea of non-conceptual content now seems unwarranted. Indeed, if time is that which keeps the process of sense formation unified even at the lowest levels of constitution, then the world-disclosing activity of the ego cannot be discontinuous with the conceptual realm. Against this background, it will be argued that the dialectic between the conceptual and non-conceptual ultimately makes no sense on a phenomenological basis. Once temporality has entered the scene, the only meaningful opposition that stands is that between the conceptual and pre-conceptual spheres. (shrink)

The paper is organized around two ideas that come out in Steve Crowell’s Normativity and Phenomenology in Husserl and Heidegger and that I discuss critically in turn. The first concerns the reach of Crowell’s claim according to which the connection between intentionality, meaning and normativity is necessary in all forms of intentional experience. I make my point by considering the case of imagining experiences, which are—I argue—meaningful, intentional, but not necessarily normative in any relevant sense. The second question is about (...) Crowell’s criticism of the role of bodily self-awareness in Husserl’s phenomenology of perception. While Crowell is right to maintain that the norm of proper functioning relevant to bodily skills can’t be understood as arising from a system of kinaesthetic sensations alone, I argue that bodily self-awareness still has a normative role to play in perception inasmuch as it allows me to cast my own experience in evaluative terms. (shrink)

Cognitive test batteries are widely used in diverse research fields, such as cognitive training, cognitive disorder assessment, or brain mechanism understanding. Although they need flexibility according to their usage objectives, most test batteries are not available as open-source software and are not be tuned by researchers in detail. The present study introduces an open-source cognitive test battery to assess attention and memory, using a javascript library, p5.js. Because of the ubiquitous nature of dynamic attention in our daily lives, it is (...) crucial to have tools for its assessment or training. For that purpose, our test battery includes seven cognitive tasks, common in cognitive science literature. By using the test battery, we conducted an online experiment to collect the benchmark data. Results conducted on 2 separate days showed the high cross-day reliability. Specifically, the task performance did not largely change with the different days. Besides, our test battery captures diverse individual differences and can evaluate them based on the cognitive factors extracted from latent factor analysis. Since we share our source code as open-source software, users can expand and manipulate experimental conditions flexibly. Our test battery is also flexible in terms of the experimental environment, i.e., it is possible to experiment either online or in a laboratory environment. (shrink)

Selected contributions to the symposium on "Mirror neurons and the evolution of brain and language" held on July 5-8, 2000 in Delmenhorst, Germany.

This article offers a critique of the central role afforded to the rights/sentience-based moral argument in the rhetorical strategy of the animal rights movement since the 1970s. Though important for articulating the movement’s philosophy and recruiting new activists, this argument has limited persuasive appeal, as suggested by the common failure of liberation movements to achieve their goals through moral advocacy. A two-prong approach addressing human health and environmental effects of animal agriculture is offered both as a supplemental strategy for reaching (...) audiences unaffected by the moral argument and as a critical means of strengthening that argument. (shrink)

This article defends the democratic ideal of inclusive public discourse, as articulated in Democratic Speech in Divided Times, against the critiques offered by Billingham, Fraser, and Hannon. Specifically, it considers and responds to three core challenges. The first challenge argues, notably, that the “shared reasons” constraint should either apply everywhere or not at all, and that, if this constraint is to apply in divided circumstances, its justificatory constituency must be idealized. The second challenge contends that the resistance of hate speech (...) and misinformation to counterspeech cannot adequately be explained by considerations of salience, and therefore cannot adequately by countered (as I suggest) by “positive” forms of counterspeech. Finally, the last challenge objects that the ideal of inclusive public discourse I defend remains, as pessimists allege, excessively idealistic. (shrink)

The use of artificial intelligence (AI) to aid legal decision making has become prominent. This paper investigates the use of AI in a critical issue in employment law, the determination of a worker’s status—employee vs. independent contractor—in two common law countries (the U.S. and Canada). This legal question has been a contentious labor issue insofar as independent contractors are not eligible for the same benefits as employees. It has become an important societal issue due to the ubiquity of the gig (...) economy and the recent disruptions in employment arrangements. To address this problem, we collected, annotated, and structured the data for all Canadian and Californian court cases related to this legal question between 2002 and 2021, resulting in 538 Canadian cases and 217 U.S. cases. In contrast to legal literature focusing on complex and correlated characteristics of the employment relationship, our statistical analyses of the data show very strong correlations between the worker’s status and a small subset of quantifiable characteristics of the employment relationship. In fact, despite the variety of situations in the case law, we show that simple, off-the-shelf AI models classify the cases with an out-of-sample accuracy of more than 90%. Interestingly, the analysis of misclassified cases reveals consistent misclassification patterns by most algorithms. Legal analyses of these cases led us to identify how equity is ensured by judges in ambiguous situations. Finally, our findings have practical implications for access to legal advice and justice. We deployed our AI model via the open-access platform, https://MyOpenCourt.org/, to help users answer employment legal questions. This platform has already assisted many Canadian users, and we hope it will help democratize access to legal advice to large crowds. (shrink)

During the Zimbabwean crisis, millions crossed through the apartheid-era border fence, searching for ways to make ends meet. Maxim Bolt explores the lives of Zimbabwean migrant labourers, of settled black farm workers and their dependants, and of white farmers and managers, as they intersect on the border between Zimbabwe and South Africa. Focusing on one farm, this book investigates the role of a hub of wage labour in a place of crisis. A close ethnographic study, it addresses the complex, shifting (...) labour and life conditions in northern South Africa's agricultural borderlands. Underlying these challenges are the Zimbabwean political and economic crisis of the 2000s and the intensified pressures on commercial agriculture in South Africa following market liberalization and post-apartheid land reform. But, amidst uncertainty, farmers and farm workers strive for stability. The farms on South Africa's margins are centers of gravity, islands of residential labour in a sea of informal arrangements. (shrink)

According to the influential “expressive” argument for hate speech laws, legal restrictions on hate speech are justified, in significant part, because they powerfully express opposition to hate speech. Yet the expressive argument faces a challenge: why couldn't we communicate opposition to hate speech via counterspeech, rather than bans? I argue that the expressive argument cannot address this challenge satisfactorily. Specifically, I examine three considerations that purport to explain bans’ expressive distinctiveness: considerations of strength; considerations of directness; and considerations of complicity. (...) These considerations either fail to establish that bans are expressively superior to counterspeech, or presuppose that bans successfully deter hate speech. This result severely undercuts the expressive argument's appeal. First, contrary to what its proponents suggest, this argument fails to circumvent the protracted empirical controversies surrounding bans’ effectiveness as deterrents. Second, the expressive argument appears redundant, because bans are expressively distinctive only insofar as hate speech is already suppressed. (shrink)

Intensity profiles of emotional experience over time have been found to differ primarily in explosiveness and accumulation. However, the determinants of these temporal features remain poorly understood. In two studies, we examined whether emotion regulation strategies are predictive of the degree of explosiveness and accumulation of negative emotional episodes. Participants were asked to draw profiles reflecting changes in the intensity of emotions elicited either by negative social feedback in the lab or by negative events in daily life. In addition, trait, (...) and state usage of a set of emotion regulation strategies was assessed. Multilevel analyses revealed that trait rumination was positively associated with emotion accumulation. State rumination was also positively associated with emotion accumulation and, to a lesser extent, with emotion explosiveness. These results provide support for emotion regulation theories, which hypothesise that rumination is a central mechanism underlying the maintenance of negative emotions. (shrink)

Philosophy &Public Affairs, Volume 52, Issue 2, Page 106-146, Spring 2024.

The paper is organized around two ideas that come out in Steve Crowell’s Normativity and Phenomenology in Husserl and Heidegger and that I discuss critically in turn. The first concerns the reach of Crowell’s claim according to which the connection between intentionality, meaning and normativity is necessary in all forms of intentional experience. I make my point by considering the case of imagining experiences, which are—I argue—meaningful, intentional, but not necessarily normative in any relevant sense. The second question is about (...) Crowell’s criticism of the role of bodily self-awareness in Husserl’s phenomenology of perception. While Crowell is right to maintain that the norm of proper functioning relevant to bodily skills can’t be understood as arising from a system of kinaesthetic sensations alone, I argue that bodily self-awareness still has a normative role to play in perception inasmuch as it allows me to cast my own experience in evaluative terms. (shrink)

The problems of diversity and pluralism have always been serious challenges to the stability of European societies. In the course of its history Europe elaborated various important ways of accommodation of differences, including toleration, respect and recognition. This article is devoted to discussion of the relations among them both in analytical and historical perspectives. I argue that toleration has always been based on a certain kind of respect and distinguish three main paradigms of the relations among these concepts. Then I (...) proceed to a discussion of the particular forms these paradigms took in European intellectual history and to an analysis of their applicability to the most important problems of contemporary society. I argue that pluralism and the complexity of contemporary society require pluralism in the modes of justifying toleration. (shrink)

Counterspeech is communication that tries to counteract potential harm brought about by other speech. Theoretical interest in counterspeech partly derives from a libertarian ideal – as captured in the claim that the solution to bad speech is more speech – and partly from a recognition that well-meaning attempts to counteract harm through speech can easily misfire or backfire. Here we survey recent work on the question of what makes counterspeech effective at remedying or preventing harm, in those cases where it (...) is effective, as well as work investigating when and why there is a duty to engage in counterspeech. We suggest that the most fruitful area for philosophical inquiry on this topic, currently, relates to the questions about efficacy. Specifically, we argue that there is a need for better frameworks for conceptualizing the efficacy of counterspeech. Philosophers have collaborative work to do, alongside social scientists, in developing these frameworks. (shrink)

This present book explores recent advances in modeling discourse processes, in particular, new approaches aimed at understanding pathological language behavior specific to schizophrenia. The contributors examine the modeling paradigm of formal semantics, which falls within the scope of both linguistics and logic while providing overlapping links with other fields such as philosophy of language and cognitive psychology. This book is based on results presented during the series of workshops on Coherence and Discourse organized by SLAM, a project developed to systemize (...) the study of pathological language processing by taking an overarching interdisciplinary approach combining psychology, linguistics, computer science and philosophy. The principle focus is on conversations produced by people with psychiatric disorders such as schizophrenia and autism. The contributions come from young and experienced researchers, and invited speakers. The book appeals to likeminded students and researchers. (shrink)