This paper considers the issue of Bose–Einstein condensation in a weakly interacting Bose gas with a fixed total number of particles. We use an old current algebra formulation of non-relativistic many body systems due to Dashen and Sharp to show that, at sufficiently low temperatures, a gas of weakly interacting Bosons displays Off-diagonal Long Range Order in the sense introduced by Penrose and Onsager. Even though this formulation is somewhat cumbersome it may demystify many of the standard results in the (...) field for those uncomfortable with the conventional broken symmetry based approaches. All the physics presented here is well understood but as far as we know this perspective, although dating from the 60's and 70's, has not appeared in the literature. We have attempted to make the presentation as self-contained as possible in the hope that it will be accessible to the many students interested in the field. (shrink)

Generic statements (e.g., “Birds lay eggs”) express generalizations about categories. In this paper, we hypothesized that there is a paradoxical asymmetry at the core of generic meaning, such that these sentences have extremely strong implications but require little evidence to be judged true. Four experiments confirmed the hypothesized asymmetry: Participants interpreted novel generics such as “Lorches have purple feathers” as referring to nearly all lorches, but they judged the same novel generics to be true given a wide range of prevalence (...) levels (e.g., even when only 10% or 30% of lorches had purple feathers). A second hypothesis, also confirmed by the results, was that novel generic sentences about dangerous or distinctive properties would be more acceptable than generic sentences that were similar but did not have these connotations. In addition to clarifying important aspects of generics’ meaning, these findings are applicable to a range of real-world processes such as stereotyping and political discourse. (shrink)

We propose that human reasoning relies on an inherence heuristic, an implicit cognitive process that leads people to explain observed patterns (e.g., girls wear pink) in terms of the inherent features of their constituents (e.g., pink is an inherently feminine color). We then demonstrate how this proposed heuristic can provide a unified account for a broad set of findings spanning areas of research that might at first appear unrelated (e.g., system justification, nominal realism, is–ought errors in moral reasoning). By revealing (...) the deep commonalities among the diverse phenomena that fall under its scope, our account is able to generate new insights into these phenomena, as well as new empirical predictions. A second main goal of this paper, aside from introducing the inherence heuristic, is to articulate the proposal that the heuristic serves as a foundation for the development of psychological essentialism. More specifically, we propose that essentialism—which is the common belief that natural and social categories are underlain by hidden, causally powerful “essences”—emerges over the first few years of life as an elaboration of the earlier, and more open-ended, intuitions supplied by the inherence heuristic. In the final part of the paper, we distinguish our proposal from competing accounts (e.g., Strevens' K-laws) and clarify the relationship between the inherence heuristic and related cognitive tendencies (e.g., the correspondence bias). In sum, this paper illuminates a basic cognitive process that emerges early in life and is likely to have profound effects on many aspects of human psychology. (shrink)

ABSTRACTEvaluative conditioning procedures change people’s evaluations of stimuli that are paired with pleasant or unpleasant items. To test whether influence awareness allows people to resist such...

A possibilidade de se tolerar um desobediente civil é parte integrante, para muitos autores, do próprio conceito de Estado Democrático de Direito. Porém, a fundamentação e os limites da referida desobediência é matéria controversa, mormente quanto à possibilidade de infringir uma lei com fulcro na objeção de consciência. A discussão central, portanto, permeia a incorporação ou não da objeção de consciência como um fundamento válido para a desobediência civil. Percebe-se, a partir deste debate, que questões morais e legais poderão entrar (...) em conflito e os limites da desobediência dependerão da fundamentação e da justificação tanto filosófica quanto jurídica. Frente à vasta e complexa gama de autores que trabalham o tema, optou-se, no presente ensaio, pela análise crítica e comparativa das teorias de John Rawls e Ronald Dworkin, que divergem exatamente no ponto acima descrito. O primeiro, alicerçado em sua teoria da justiça como equidade, promove o entendimento procedimental da desobediência civil fundamentada em princípios políticos publicamente aceitos, excluindo questões morais. O segundo, por seu turno, entende que em toda regra há um conteúdo moral, passível, portanto, de desobediência com fulcro na objeção de consciência. Tendo em vista a referida dicotomia entre princípios morais e princípios políticos, busca-se verificar se a teoria de Rawls impõe um caráter exageradamente restritivo ou se a compreensão de Dworkin traduz comportamentos estatais excessivamente tolerantes. O presente artigo se justifica pela influência decisiva que ambos os autores têm desempenhado no que se refere à fundamentação da desobediência civil, principalmente no debate em relação às doutrinas liberais de justiça. (shrink)

The article is devoted to the study of the nature of consciousness within the framework of the information concept. The paper proposes a definition of consciousness as an informational environment in which an extended model of reality is realized. The process of realization of this extended model is defined as thinking. The result of thinking is information objects that form a system in the form of information environment. Information objects are reflections of the real world properties, not directly, but by (...) means of translation through a special object – a carrier of consciousness. In the case of human consciousness, such a carrier is a human being (represented in the form of his nervous system). As a result, consciousness can be qualified as a simulacrum of reality, i.e., a model of a model: an information model of the carrier of consciousness, which in turn is a means of physical modeling of the real "big" world. Possible mechanisms mediating thinking are considered. For this purpose, two new concepts are introduced: neural circuit and neurophysical pattern. An approach to the study of self-consciousness based on the localization of the consciousness carrier in the multidimensional space of states of initial real objects, as well as their reflections in the form of information objects is proposed. This localization is ensured by the presence of feedbacks. Summarizing the results of the study, the article states the following connection between consciousness, self-consciousness and subjectness: under certain conditions (when consciousness is localized in the state space of the carrier of consciousness), consciousness acquires the property of self-consciousness, a special case of which (when the initiator of changes determining localization is the carrier of consciousness) is self-consciousness endowed with subjectness. (shrink)

Complex frameworks for defining programming languages aim to generate various tools (e.g. interpreters, symbolic execution engines, deductive verifiers, etc.) using only the formal definition of a language. When used at an industrial scale, these tools are constantly updated, and at the same time, it is required to be trustworthy. Ensuring the correctness of such a framework is practically impossible. A solution is to generate proof objects as correctness artefacts that can be checked by an external trusted checker. A logic suitable (...) for developing such frameworks is matching logic. K framework is a canonical example having matching logic-based foundation. Since the (symbolic) configurations of the programs are represented by matching logic patterns, the algorithms computing the dynamics of these configurations can be seen as pattern transformers and a proof object should be generated for the relationship between these patterns. In this paper, we show that conjunctions and disjunctions of patterns, produced by semantics or analysis rules, can be safely normalized using unification and antiunification algorithms. We also provide a prototype implementation of our proof object generation technique and a checker for certifying the generated objects. (shrink)

The fact that the names of two philosophers who lived and worked in such different periods, under conditions of quite dissimilar cultures and civilizations, share the title of this article is in itself enough to require clarification. Nikolai Berdiaev, who belonged to a current of Russian philosophy that called itself mystical, hardly needs to be presented to the reader. Muhyiuddin ibn-'Arabi , the greatest mystic of the Arab Middle Ages, is known as the founder of a philosophical conception that was (...) later referred to as the "unity of being" and enjoyed broad popularity among Islamic thinkers, philosophers, and poets of the late Middle Ages. Moreover, motifs of this conception are not difficult to find in the works of contemporary literati enthralled by the ideas of Islamic mysticism, i.e., of Sufism. Hence these two outstanding figures can be compared on the common ground that they belonged to the current of philosophical thought of mankind that is called mysticism or mystical philosophy. Despite all the differences that doubtlessly exist among Russian, Arabic, and, let us say, European mysticism, there are also certain fundamental common features of this way of looking at the world that enable us to bring all these currents together under a single generic concept. (shrink)

. The purpose of this article is to analyze the specifics of the mythologizing of time in the historical period dramas "Downton Abbey" and "The Crown" in the context of the transition from the postmodern paradigm to a new metamodern sensibility. The article summarizes the experience of domestic and foreign studies of the metamodern tendencies of the modern TV series and analyzes the theoretical issues of the mythological temporality of TV series production. On the basis of the theoretical concept of (...) retrotopia by Z. Bauman, the concept of layers of cinematic temporality by N.E. Marievskaya and the critical discourse analysis of S. Jäger, the features of the mythologization of horizontal, vertical time, as well as the biographical time of characters in selected period dramas have been analyzed. The scientific novelty of the article lies in the problematization and analysis of the discursive environment of the deployment of the temporal mythology of the modern period drama. The modern historical period drama demonstrates the specifics of turning to retrotopia, as it seeks to represent the current problems of the present through an imaginary past. In the case of the “Downton Abbey”, this happens through the harmonization in the viewer's mind of nostalgia for an imaginary English aristocratic past and an unstable future. In the case of the “The Crown”, the presentation of the private life of the British royal family against the backdrop of historical events contributes to the formation of a more multidimensional image of the present and responds to the demands of the mass audience in the emotional representation of historical events. The result of this representation is a kind of mythology of time, which arises between the cultural demand for retrotopia and the development of modern technologies for the production of cinematographic products, which makes it possible to fully realize the intention of modern metamodernist discourse to achieve a “new sensibility”. This allows us to consider the modern historical period drama not only as a "commercial project", but also as a tool for the development of historical culture, an instrument of cultural orientation in social space and time. (shrink)

Paradox of the Evil and "Family Ressemblances". The paper tackles the problem of Matter and evil in Plotinus. monistic metaphysics, especially in theperspective of the following aparent inconsistency: if there is no other principle but the Good, then the Good creates the Matter which is the absolute evil. Itfollows that the Good is bad, according to a certain axiom of Proclus, which states that the creator is to a higher degree all what the creature is. The authorshows that, despite what (...) Proclus and then many modern critics believed, Plotinus is consistent within his system. He relies on the axiom that the creature is not all what the creator is, i.e. that the creator also gives what he has not. Therefore, the One gives the Intellect multiplicity and thought which He is deprived of and also gives the Matter the evil which He is also deprived of. The paper also shows that Plotinus developed a logic of ontological procession which is not Aristotelian. This logic does not work by formind classes, but chains of partially intransitive ressemblances. So, the Intellect ressembles the One (the Good), the Soul ressembles the Intellect and the Matter ressembles the Soul; yet the Matter resembles the One no more. Yet, the unity of the world is assured, because of the continuity of the chain. The extreme terms are contrary, though not in the Aristotelian sense of sharing in the same genus. A certain similarty with Wittgenstein's logic of "family resemblances" is striking, which means that not only Wittgenstein, but Plotinus also went beyond the Platonic-Aristotelian Vulgata, even while he was sticking to its linguage. (shrink)

Paradox of the Evil and "Family Ressemblances". The paper tackles the problem of Matter and evil in Plotinus. monistic metaphysics, especially in theperspective of the following aparent inconsistency: if there is no other principle but the Good, then the Good creates the Matter which is the absolute evil. Itfollows that the Good is bad, according to a certain axiom of Proclus, which states that the creator is to a higher degree all what the creature is. The authorshows that, despite what (...) Proclus and then many modern critics believed, Plotinus is consistent within his system. He relies on the axiom that the creature is not all what the creator is, i.e. that the creator also gives what he has not. Therefore, the One gives the Intellect multiplicity and thought which He is deprived of and also gives the Matter the evil which He is also deprived of. The paper also shows that Plotinus developed a logic of ontological procession which is not Aristotelian. This logic does not work by formind classes, but chains of partially intransitive ressemblances. So, the Intellect ressembles the One (the Good), the Soul ressembles the Intellect and the Matter ressembles the Soul; yet the Matter resembles the One no more. Yet, the unity of the world is assured, because of the continuity of the chain. The extreme terms are contrary, though not in the Aristotelian sense of sharing in the same genus. A certain similarty with Wittgenstein's logic of "family resemblances" is striking, which means that not only Wittgenstein, but Plotinus also went beyond the Platonic-Aristotelian Vulgata, even while he was sticking to its linguage. (shrink)

Are there any prima facie reasons that democracies might have for disenfranchising older citizens? This question reflects increasingly salient, but often incompletely theorized complaints that members of democratic publics advance about older citizens’ electoral influence. Rather than rejecting these complaints out of hand, we explore whether, suitably reconstructed, they withstand democratic scrutiny. More specifically, we examine whether the account of political equality that seems to most fittingly capture the logic of these complaints – namely, equal opportunity of political influence over (...) electoral outcomes – can justify disenfranchising older citizens. We conclude that equal opportunity of influence cannot ground a blanket disenfranchisement of older people and that, taken in conjunction with other general considerations that apply to all sound electoral policies, partial disenfranchisement proposals (i.e. proposals for reducing the electoral influence of older citizens via age-weighted voting) are both quasi-inapplicable and practically unrobust across a relevant range of political contexts. (shrink)

After the completion of RecA protein‐mediated recombinational repair of daughter‐strand gaps in E. coli, participating chromosomes are held together by Holliday junctions. Until recently, it was not known how the cell disengages the connected chromosomes. Accumulating genetic data suggested that the product of the ruv locus participates in recombinational repair and acts after the formation of Holliday junctions. Molecular characterization of the locus revealed that there are three genes – ruvA, ruvB and ruvC; mutations in any one of the genes (...) confer the same phenotype. Recently, the RuvC protein was found to be a Holliday junction resolvase. At first glance, the resolving activity of RuvC alone would appear to be sufficient for the separation of recombining chromosomes. However, in vitro studies show that the filament of RecA protein is unable to dissociate from the products of the recombination reaction. Thus, in vivo, even if the Holliday junctions are resolved by RuvC, RecA filament must be holding two DNA duplexes together. New findings about enzymatic activities of RuvA and RuvB proteins foster the hope that the machinery for removing the RecA filament from DNA has been found. (shrink)

Inhibiting the progress of replication forks in E. coli makes them susceptible to breakage. Broken replication forks are evidently reassembled by the RecBCD recombinational repair pathway. These findings explain a particular pattern of DNA degradation during inhibition of chromosomal replication, the role of recombination in the viability of mutants with displaced replication origin, and hyper‐recombination observed in the Terminus of the E. coli chromosome in rnh mutants. Breakage and repair of inhibited replication forks could be the reason for the recombination‐dependence (...) of inducible stable DNA replication. A mechanism by which RecABCD‐dependent recombination between very short inverted repeats may help E. coli to invert an operon, transcribed in the direction opposite to that of DNA replication, is discussed. (shrink)

Mark Heller has recently offered a proposal in defense of a fairly strong version of doxastic voluntarism. Heller looks to the compatibilist theory of free will proposed by R.E. Hobart in the first half of the twentieth century for an account of doxastic control. Heller’s defense of Hobartian Voluntarism is motivated by an appeal to epistemic deontologism. In this paper I argue that Heller’s defense of a version of strong or direct doxastic voluntarism ultimately fails. I finally argue that the (...) failure of his theory of epistemic agency does not imply the untenability of epistemic deontologism. (shrink)

An influential tradition in moral philosophy attempts to explain an immoral action by reference to the defect in reasoning on the part of an immoral agent. On this view, the requirements of morality are not only sanctioned by the more general requirements of rationality, but the violations of the moral requirements would be indicative of a rational failure. In this article I argue that ascription of irrationality to amoral individuals (e.g., psychopaths) is either empirically false, or else, conceptually problematic. An (...) interpretation of irrationality in its instrumental sense fails to do justice to the results of the research concerning the intelligence of some amoralists, whereas the suggestion that the alleged cognitive deficiency lies at the level of final ends and ultimate values faces serious theoretical difficulties. All attempts to construe the notion of an external reason for action without reference to the agent's actual goals and values bespeak an objectivist's bias, rest on controversial assumptions, and tend to alienate the agent from the proposed set of reasons. The argument is partly based on the analysis of reasoning of Ted Bundy, a notorious serial murderer, who presents a rather sophisticated justification for his criminal behavior. (shrink)

Even though Hegel rejects Kant’s criticism of the classical proofs for God’s existence, he is far from joining the followers of St. Anselm.What is needed, he suggests, is the rational account of the transition from the final notion to the infinite Being. The Lectures in its central treatment of the Cosmological proof present us with an explanation in rational terms of the fact of religion, i.e., the elevation of the finite spirit to infinite God, rather than with a proof in (...) a narrow logical sense. Hegel is not so much asking the question ‘Does Godexist?’ but rather ‘How is the elevation of the finite spirit to God possible?’ The Hegelian ‘proof,’ I argue, consists in a demonstrationof the necessity of movement from finiteness to infinity, that is, the demonstration of the necessity of religion itself. Religious faith in this context is not juxtaposed to reason, but appears as a mode of imperfect knowledge, which is superseded by the further development of the rational concept. (shrink)

DNA junctions are by‐products of recombinational repair, during which a damaged DNA sequence, assisted by RecA filament, invades an intact homologous DNA to form a joint molecule. The junctions are three‐strand or four‐strand depending on how many single DNA strands participate in joint molecules. In E. coli, at least two independent pathways to remove the junctions are proposed to operate. One is via RuvAB‐promoted migration of four‐strand junctions with their subsequent resolution by RuvC. In vivo, RuvAB and RuvC enzymes might (...) work in a single complex, a resolvasome, to clean DNA from used RecA filaments and to resolve four‐strand junctions. An alternative pathway for junction removal could be via RecG‐promoted branch migration of three‐strand junctions, provided that an as yet uncharacterized endonuclease activity incises one of the strands in the joint molecules. (shrink)

1. There is a commonly held endoxon that idealism did not exist and could not exist before Plato, since the «Presocratics» did not yet distinguish between the material and the ideal etc. This preconception is based on the misleading conception of «Presocratics» as physicalists and the simplistic evolutionist scheme of Aristotle’s Metaph. A. In fact, religious and idealist metaphysics are attested in different archaic traditions before Plato, whereas «simple» physical theories of elements of the Milesian type did not exist before (...) the 6th century B.C. scientific revolution. 2. Those who deny the existence of idealism in Greek philosophy commonly refer to Myles F. Burnyeat. We will argue against this article on the following grounds: a) it is based on a selective and incomplete data from early Greek philosophy, b) Burnyeat understands by «idealism» subjective idealism and anti-realism. But Greek idealism as a rule is a form of objective idealism and has nothing to do with anti-realism. The two basic forms are: dualstic idealism and monistic idealism. 3. We will argue against modern naturalist interpretations of the Pythagorean first principles by Huffmann and others. Both in the table of opposites and in Philolaus πέρας καὶ ἄπειρον denote self-subsistent mathematical essences, ‘out of which’ physical bodies are composed. It is impossible to interpret “the limit and the unlimited” as physical bodies themselves or as properties of physical bodies. 4. We will argue for the Pythagorean origin of the 5th centu-ry graffiti on bones’ plates from Olbia. According to this early table of oppo-site, the body is ψεῦδος, i.e., an illusion. 5. The Zeller-Burnet interpretation of Parmenides B3 is grammatically impossible. The fragment states the identity of νοεῖν καὶ εἶναι, i.e., affirms mental nature of Being.6.The basic opposition of Parmenides’ Aletheia exactly corresponds to the basic opposition of doxa. Light is the active and thinking element, night is the «heavy», dense, corporeal substance. Sine light corresponds to Being, night corresponds to non-Being. The philosophy of Parmenides is a radical form of immaterialism and idealistic monism. (shrink)

A new etiological model is proposed for schizophrenia that combines variability‐enhancing nonspecific factors acting during development with more specific risk factors. This model is better suited than the current etiological models of schizophrenia, based on the risk factors paradigm, for predicting and/or explaining several important findings about schizophrenia: high co‐morbidity rates, low specificity of many risk factors, and persistence in the population of the associated genetic polymorphisms. Compared with similar models, e.g., de‐canalization, common psychopathology factor, sexual‐selection, or differential sensitivity to (...) the environment, this proposal is more general and integrative. Recently developed research methods have proven the existence of genetic and environmental factors that enhance developmental variability. Applying such methods to newly collected or already available data can allow for testing the hypotheses upon which this model is built. If validated, this model may change the understanding of the etiology of schizophrenia, the research models, and preventionbrk paradigms. (shrink)

This article examines the political crisis that has appeared in the constitutions of 28 democratic states. The units of analysis have been chosen using the criterion of a modern and formal constitution. Using the systemic paradigm, the article proposes an institutionalist ap- proach. After explaining the role of the main institutions, the article focuses itself on identifying the mechanisms of crisis as they are provided by constitutions (i.e. the vote of no-confidence, the motion of censure, the vacancy etc.). We have (...) observed that the correlation between the institutional arrangement and the number of crisis mechanisms is not very strong one. The article concludes that in order to explain the reaction of a political system towards a crisis situation it is not sufficient to draw on the constitution, an understanding of the political tradition and of the recent political experiences being absolutely necessary. (shrink)

MÍDIA, VIOLÊNCIA SIMBÓLICA E DIREITOS DE NACIONALIDADE: POR QUE OS CINCO MAIORES CAMPEÕES OLÍMPICOS SÃO TAMBÉM OS MEMBROS PERMANENTES DO CONSELHO DE SEGURANÇA DA ONU?

This publication is the translation of the first fragment of F. W. J Schelling's Presentation of Philosophical Empiricism accompanied by the analytical translator's preface. In his treatise, Schelling assesses the history of modern philosophy. Namely, he treats it as history of experiments, the goal of which was in the search for the primary fact in the world. In Schelling's opinion, this fact is in the growing over-weight of the subjective over the objective. Only his philosophy of nature was able to (...) find this fact. However, it is not genuine fact but only pure fact, because it does not content in itself any ground for the over-weighting of the subjective over the objective. For resolve this problem, Schelling starts to use the concepts formed by Ancient philosophers, namely by Pythagoras and Plato. The concepts of the limitless and the limit are belonging to the series of the mentioned concepts. Accordantly, Schelling associates the notion of the objective with the one of the limitless being and the notion of the subjective with the one of the limit or limiting instance. His inquiry into the correlation between the limitless being and the limit, i.e. between the objective and the subjective leads him to the declaration of the existence of the free efficient cause, which determinates their interplay and the rise of that-what-should-be from that-what-should-not-be. Since the limitless is the objective and the limit is the subjective in accordance with Schelling, such efficient cause is also the cause of the progressive over-weighting of the subjective over the objective as well. It can explain the fact, which the Schelling's philosophy of nature has only found but not explained. The in his preface, the translator puts the question of the possibility as well as of a relevance of the Schelling's late philosophy to the phenomenological thought. In this context, he emphasizes few moments, by which the later Schelling' philosophy could be of interests for phenomenologists, namely the following ones: the concept of philosophical empiricism itself, the Schelling's division between the pure fact and the genuine fact, his treatment of history of philosophy as history of experiments. Moreover, he speaks about main difficulties connected with the translation of Schelling's text into Russian and gives a German-Russian glossary for utility of Russian readers. The translator gives also the commentaries by Arthur Drews, who reedited the Schelling's treatise in 1902, in their Russian translation. (shrink)

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...) the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (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)

O artigo propõe uma análise multidisciplinar sobre o pensamento jurídico, tendo como objetivo a reflexão crítica sobre os saberes e práticas jurídicos na sociedade brasileira. O artigo elabora inicialmente uma análise crítico-conceitual de trabalhos de Guillermo O´Donnell sobre estado de direito e democracia na América Latina. Em seguida, adota a noção de agregados jurídicos para apresentar distintas dimensões de pesquisas sócio-jurídicas sobre o direito. Enfim, usa a metáfora da nebulosa de imunidades para a proposta de discernir os atributos positivos do (...) estado de direito no pensamento jurídico brasileiro e suas consequências para a democracia. (shrink)

RESUMO É cada vez mais sensível a grande profusão de distintas formas de narratividade biográfica na sociedade contemporânea. A partir do que apresentam pesquisas em diferentes campos dos estudos em linguagem, faz-se incontestável a heterogenericidade com que diversas formas de narração do eu em diferentes tons de autorreferência têm insurgido numa sociedade altamente midiatizada e globalizada. Nesse entrever, ancorados no edifício teórico da análise dialógica do discurso em confluência com estudos que se debruçam sobre as escritas de si, propomo-nos a (...) discutir a ressignificação como ato característico do movimento de autorreferência constitutivo da autobiografia e de algumas outras formas de narrativas do eu. Dentre outras observações, destacamos, na construção discursiva de textos autorreferentes, como a autobiografia, um entrecruzamento entre sentidos, memórias e vivências em uma relação de ressignificação sob a luz do que o sujeito não só foi como agora é. ABSTRACT The great profusion of different forms of biographical narrativity in contemporary society is increasingly sensitive. From what is presented by studies in different fields of language studies, the heterogeneity with which diverse forms of narration of the self in different tones of self-reference have emerged in a highly mediatized and globalized society becomes indisputable. Therefore, anchored in the theoretical propositions of the dialogic analysis of discourse along with studies that focus on life writings, we discuss re-signification as a characteristic act of the movement of self-reference, constitutive of autobiographies and some other forms of narratives of the self. Among other observations, we highlight in the discursive construction of self-referential texts, such as autobiography, a cross-linking between senses, memories and life experiences in their relation of re-signification in the light of what the subject not only was, but is now. (shrink)

A tacit assumption in the literature devoted to singular thought is that singular thought constitutes a unitary phenomenon, and so a correct account of it must encompass all instances. In this essay, I argue against such a unitary account. The superficial feature of singularity might result from ver y different deep-level phenomena. Following Taylor (2010) and Crane (2013), I distinguish between the referential fitness and the referential success of a thought. I argue that facts responsible for referential fitness (e.g., mental (...) files or individual concepts), as well as facts responsible for referential success (e.g., acquaintance conditions on referential success), are relevant in explaining the data pertaining to a theory of singular thought. What makes this approach particularly attractive is that there are good independent reasons to introduce both kinds of facts in theorizing about thought. (shrink)

A partir d'une comparaison entre deux théories de la lecture - celle de Michel Charles et celle de Pierre Bayard -, et à partir de ce que la psychologie sociale appelle un "biais de confirmation", cet article essaie de comprendre la manière dont la lecture peut contribuer à une forme d'enfermement du lecteur, à un certain dogmatisme. Ce dernier est envisagé ici sous la forme de ce que l'épistémologie des vertus considère comme un "vice intellectuel". L'analyse repose sur un exemple (...) concret, sur les pratiques de lecture de l'essayiste E. Cioran telles qu'on les retrouve dans ses Cahiers (1957-1972). Cet article s'inscrit dans une réflexion plus générale consacrée aux conditions de possibilité d'une lecture vertueuse. (shrink)

A partir d'une comparaison entre deux théories de la lecture - celle de Michel Charles et celle de Pierre Bayard -, et à partir de ce que la psychologie sociale appelle un "biais de confirmation", cet article essaie de comprendre la manière dont la lecture peut contribuer à une forme d'enfermement du lecteur, à un certain dogmatisme. Ce dernier est envisagé ici sous la forme de ce que l'épistémologie des vertus considère comme un "vice intellectuel". L'analyse repose sur un exemple (...) concret, sur les pratiques de lecture de l'essayiste E. Cioran telles qu'on les retrouve dans ses Cahiers (1957-1972). Cet article s'inscrit dans une réflexion plus générale consacrée aux conditions de possibilité d'une lecture vertueuse. (shrink)

The new rationalists – BonJour and Bealer – have characterized one type of a priori justification as based on intellectual intuitions or seemings. I argue that they are mistaken in thinking that intellectual intuitions can provide a priori justification. Suppose that the proposition that a surface cannot be red and green all over strikes you as true. When you carefully consider it, you couldn't but realize that no surface could be both red and green all over. Ascertaining the truth of (...) what you believe (when you believe that a surface cannot be red and green all over) requires conscious experiences of thinking. The character of such experiences (propositions’ striking you as true, and the sense of incoherence you would experience were they to be false) is what justifies your belief. It should follow that the justification for such propositions (and your believing them) is a posteriori, i.e., based on conscious experience. Your cognitive phenomenology plays a constitutive role in justifying your belief. Hence your belief is not a priori justified, contra the new rationalists. (shrink)

Recently a new attempt to go beyond QM was performed in the form of so-called prequantum classical statistical field theory (PCSFT). In this approach quantum systems are described by classical random fields, e.g., the electron field or the neutron field. Averages of quantum observables arise as approximations of averages of classical variables (functionals of “prequantum fields”) with respect to fluctuations of fields. For classical variables given by quadratic functionals of fields, quantum and prequantum averages simply coincide. In this paper we (...) generalize PCSFT to the composite quantum system. The main discovery is that, opposite to a rather common opinion, a composite system can be described by the Cartesian product of state spaces (like in classical physics) and not by the tensor product of them (like in conventional QM). A natural interpretation of the quantum pure state for a composite system is proposed: it is the nondiagonal block in the covariance matrix of the random field describing a composite system. The interpretation of a pure state due to Dirac and von Neumann seems to be an artifact of the conventional mathematical description of micro-systems. PCSFT provides a new possibility for interpretation of entanglement. (shrink)

This paper is devoted to clarification of the notion of entanglement through decoupling it from the tensor product structure and treating as a constraint posed by probabilistic dependence of quantum observable _A_ and _B_. In our framework, it is meaningless to speak about entanglement without pointing to the fixed observables _A_ and _B_, so this is _AB_-entanglement. Dependence of quantum observables is formalized as non-coincidence of conditional probabilities. Starting with this probabilistic definition, we achieve the Hilbert space characterization of the (...) _AB_-entangled states as amplitude non-factorisable states. In the tensor product case, _AB_-entanglement implies standard entanglement, but not vise verse. _AB_-entanglement for dichotomous observables is equivalent to their correlation, i.e., \(\langle AB\rangle _{\psi} \not = \langle A\rangle _{\psi} \langle B\rangle _{\psi}.\) We describe the class of quantum states that are \(A_{u} B_{u}\) -entangled for a family of unitary operators (_u_). Finally, observables entanglement is compared with dependence of random variables in classical probability theory. (shrink)