Negotiation research primarily focuses on negotiators? interests in order to understand negotiation and offer advice about the prospective outcome. Win-win outcomes, i.e., outcomes that serve the interests of all negotiating parties, have been established and promoted as the ultimate goal for any negotiation situation. We offer a perspective that draws on Aristotle's philosophical program and discuss how the outcome is not defined by the parties? interests, but by the intersubjective validity of claims, which can essentially be treated as representative of (...) the ?truth.? (shrink)
Negotiation is mainly treated as a process through which counterparts try to satisfy their conflicting interests. This traditional, subjective approach focuses on the interests-based relation between subjects and the resources which are on the bargaining table; negotiation is viewed as a series of joint decisions regarding the relation of each subject to the negotiated resources. In this paper, we will attempt to outline an intersubjective perspective that focuses on the communication-based relation among subjects, a relation that is founded upon communicative (...) rationality mechanisms which are inherent in social activity. Much in contrast to the concept of interests which describe the relationship of each subject alone to the resources, we will use the concept of ?claim-rights? which are properly formed and validated only vis-à-vis negotiating partners and on the basis of the communication that develops among them. We will offer a step-by-step account of the creation of claim-rights and argue that their validation does not necessarily lie in the parties? interests, but in the communication mechanisms that induce consensus and result in mutually acceptable outcomes. (shrink)
‘Karl Marx was a German philosopher.’ It is with this seminal sentence that Leszek Kolakowski begins his great work on The Main Currents of Marxism: its Rise, Growth and Dissolution . Both the two terms in the predicate expression are crucial. It is most illuminating to think of Marx as originally a philosopher, even though nothing in his vastly voluminous works makes any significant contribution to philosophy in any academic understanding of that term. It is also essential to recognize that (...) for both Marx and Engels philosophy was always primarily, indeed almost exclusively, what they and their successors called classical German philosophy. This was a tradition seen as achieving its climactic fulfilment in the work of Hegel, and one which they themselves identified as a main stimulus to their own thinking. Thus Engels, in Ludwig Feuerbach and the End of Classical German Philosophy , claimed that ‘The German working-class movement is the inheritor of German classical philosophy’. (shrink)
I At one point in Taking Rights Seriously, Ronald Dworkin sketches an argument which would today be widely acceptable. He writes: “The University of Washington might argue that, whatever effect minority preference will have on average welfare, it will make the community more equal, and therefore more just.” It is perhaps not certain that Dworkin himself accepts that immediate inference as sound. There can, however, be no doubt but that: first, many if not most people speaking or writing today in (...) this area do indeed take ‘equality’ to be as near as makes no matter synonymous with ‘equity’; and, second, they do indeed also identify doing justice with bringing about equality of condition. (shrink)
The notion of multiple location plays an important role in the characterization of endurantism. Several authors have recently offered cases intended to demonstrate the incoherence of multiple location. I argue that these cases do not succeed in making multiple location problematic. Along the way, several crucial issues about multiple location and its use by endurantists are clarified.
I shall be dealing with not only Sections X and XI but also Part II of Section VIII and Part III of Section XII. Of all this material we have, anywhere in the originally anonymous and later emphatically disowned Treatise of Human Nature, Hume's first book, nothing more than at most hints. But in a surviving letter, written while he was still working on the manuscript of that Treatise, Hume wrote: ‘I am at present castrating my work, that is, cutting (...) off its nobler parts; that is, endeavouring it shall give as little offence as possible, before which I would not pretend to put it in the Doctor's hands’. Enclosed with this letter were some ‘Reasonings concerning Miracles’, which must have anticipated what became Section X of our Enquiry. Presumably there were other excised anticipations also. The ‘Doctor’ mentioned was a Doctor of Theology, Joseph Butler, soon to be appointed Bishop of Durham; an office open in that period only to believing Christians. (shrink)
I sketch a new constraint on chance, which connects chance ascriptions closely with ascriptions of ability, and more specifically with 'CAN'-claims. This connection between chance and ability has some claim to be a platitude; moreover, it exposes the debate over deterministic chance to the extensive literature on (in)compatibilism about free will. The upshot is that a prima facie case for the tenability of deterministic chance can be made. But the main thrust of the paper is to draw attention to the (...) connection between the truth conditions of sentences involving 'CAN' and 'CHANCE', and argue for the context sensitivity of each term. Awareness of this context sensitivity has consequences for the evaluation of particular philosophical arguments for (in) compatibilism when they are presented in particular contexts. (shrink)
I argue that any broadly dispositional analysis of probability will either fail to give an adequate explication of probability, or else will fail to provide an explication that can be gainfully employed elsewhere (for instance, in empirical science or in the regulation of credence). The diversity and number of arguments suggests that there is little prospect of any successful analysis along these lines.
In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can (...) now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. (shrink)
Early work on the frequency theory of probability made extensive use of the notion of randomness, conceived of as a property possessed by disorderly collections of outcomes. Growing out of this work, a rich mathematical literature on algorithmic randomness and Kolmogorov complexity developed through the twentieth century, but largely lost contact with the philosophical literature on physical probability. The present chapter begins with a clarification of the notions of randomness and probability, conceiving of the former as a property of a (...) sequence of outcomes, and the latter as a property of the process generating those outcomes. A discussion follows of the nature and limits of the relationship between the two notions, with largely negative verdicts on the prospects for any reduction of one to the other, although the existence of an apparently random sequence of outcomes is good evidence for the involvement of a genuinely chancy process. (shrink)
This article discusses two arguments in favor of perdurance. The first is Sider’s argument from vagueness, “one of the most powerful” in favor of perdurantism. I make the observation that endurantists have principled grounds to claim that the argument is unsound, at least if endurance is formulated in locative rather than mereological terms. Having made this observation, I use it to emphasize a somewhat neglected difference between endurantists and perdurantists with respect to their views on material objects. These views, in (...) the case of endurantists, lead to a further, less than conclusive but nevertheless interesting argument against endurantism—the anti-fundamentality argument—which I discuss and tentatively endorse. That argument posits that endurantists must take location to be a fundamental relation, and that this has as a consequence the metaphysical possibility of some rather unwelcome scenarios. Perdurantists may avoid this consequence by denying that location is fundamental, perhaps by embracing supersubstantivalism. (shrink)
Dispositional essentialists are typically committed to two claims: that properties are individuated by their causal role (‘causal structuralism’), and that natural necessity is to be explained by appeal to these causal roles (‘dispositional actualism’). I argue that these two claims cannot be simultaneously maintained; and that the correct response is to deny dispositional actualism. Causal structuralism remains an attractive position, but doesn’t in fact provide much support for dispositional essentialism.
The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is (...) not. We must ask, therefore, whether, when and why strict criminal responsibility is unacceptable. (shrink)
Utterances within the context of telling fictional tales that appear to be assertions are nevertheless not to be taken at face value. The present paper attempts to explain exactly what such 'pseudo-assertions' are, and how they behave. Many pseudo-assertions can take on multiple roles, both within fictions and in what I call 'participatory criticism' of a fiction, especially when they occur discourse-initially. This fact, taken together with problems for replacement accounts of pseudo-assertion based on the implicit prefixing of an 'in (...) the fiction' operator, suggest that pseudo-assertion is best understood as a kind of make-believe. This proposal is elaborated and defended, and some applications to fictionalism are tentatively explored. (shrink)
Russell famously argued that causation should be dispensed with. He gave two explicit arguments for this conclusion, both of which can be defused if we loosen the ties between causation and determinism. I show that we can deﬁne a concept of causation which meets Russell’s conditions but does not reduce to triviality. Unfortunately, a further serious problem is implicit beneath the details of Russell’s arguments, which I call the causal exclusion problem. Meeting this problem involves deploying a minimalist pragmatic account (...) of the nature and function of modal language. Russell’s scruples about causation can be accommodated, even as we partially legitimise the pervasive causal explanations in folk and scientiﬁc practice. (shrink)
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...) identify some beneficial consequences in terms of which punishment might be justified; as well as abolitionist answers telling us that we should seek to abolish, rather than to justify, criminal punishment. This book begins with a critical survey of recent trends in penal theory, but goes on to develop an original account (based on Duff's earlier Trials and Punishments) of criminal punishment as a mode of moral communication, aimed at inducing repentance, reform, and reconciliation through reparation-an account that undercuts the traditional controversies between consequentialist and retributivist penal theories, and that shows how abolitionist concerns can properly be met by a system of communicative punishments. In developing this account, Duff articulates the "liberal communitarian" conception of political society (and of the role of the criminal law) on which it depends; he discusses the meaning and role of different modes of punishment, showing how they can constitute appropriate modes of moral communication between political community and its citizens; and he identifies the essential preconditions for the justice of punishment as thus conceived-preconditions whose non-satisfaction makes our own system of criminal punishment morally problematic. Punishment, Communication, and Community offers no easy answers, but provides a rich and ambitious ideal of what criminal punishment could be-an ideal of what criminal punishment cold be-and ideal that challenges existing penal theories as well as our existing penal theories as well as our existing penal practices. (shrink)
Gödel argued that intuition has an important role to play in mathematical epistemology, and despite the infamy of his own position, this opinion still has much to recommend it. Intuitions and folk platitudes play a central role in philosophical enquiry too, and have recently been elevated to a central position in one project for understanding philosophical methodology: the so-called ‘Canberra Plan’. This philosophical role for intuitions suggests an analogous epistemology for some fundamental parts of mathematics, which casts a number of (...) themes in recent philosophy of mathematics (concerning a priority and fictionalism, for example) in revealing new light. (shrink)
Recently, Cody Gilmore has deployed an ingenious case involving backwards time travel to highlight an apparent conflict between the theory that objects persist by perduring, and the thesis that wholly coincident objects are impossible. However, careful attention to the concepts of location and parthood that Gilmore’s cases involve shows that the perdurantist faces no genuine objection from these cases, and that the perdurantist has a number of plausible and dialectically appropriate ways to avoid the supposed conflict.
Many researchers believe the tremendous industrial development over the past two centuries is unsustainable because it has led to unintended ecological deterioration. Despite the ever-growing attention sustainable supply-chain management has received, most SSCM research and models look at the consequences, rather than the antecedents or motives of such responsible practices. The few studies that explore corporate motives have remained largely qualitative, and large-scale empirical analyses are scarce. Drawing on multiple theories and combining supply-chain and business ethics literature, we purport that (...) instrumental, relational, and moral motives are behind a firm’s engagement in SSCM practices. Specifically, we examine the links between corporate motives, SSCM practices, and firm performance. Using a sample of 259 supply-chain firms in Germany, we empirically test five hypothesized relationships. Our results reveal that relational and moral motives are key drivers, and that firms exhibiting high levels of moral obligations tend to outperform those primarily driven by amoral considerations. Findings of this study contribute to multiple literatures espousing sustainability management and can help policy makers, stakeholder groups, and scholars develop more robust strategies for encouraging firms to practice SSCM. (shrink)
A previously unrecognised argument against deterministic chance is introduced. The argument rests on the twin ideas that determined outcomes are settled, while chancy outcomes are unsettled, thus making cases of determined but chancy outcomes impossible. Closer attention to tacit assumptions about settledness makes available some principled lines of resistance to the argument for compatibilists about chance and determinism. Yet the costs of maintaining compatibilism may be higher with respect to this argument than with respect to existing incompatibilist arguments.
The concept of randomness has been unjustly neglected in recent philosophical literature, and when philosophers have thought about it, they have usually acquiesced in views about the concept that are fundamentally flawed. After indicating the ways in which these accounts are flawed, I propose that randomness is to be understood as a special case of the epistemic concept of the unpredictability of a process. This proposal arguably captures the intuitive desiderata for the concept of randomness; at least it should suggest (...) that the commonly accepted accounts cannot be the whole story and more philosophical attention needs to be paid. Randomness in science1.1 Random systems1.2 Random behaviour1.3 Random sampling1.4 Caprice, arbitrariness and noiseConcepts of randomness2.1 Von Mises/Church/Martin-Löf randomness2.2 KCS-randomnessRandomness is unpredictability: preliminaries3.1 Process and product randomness3.2 Randomness is indeterminism?Predictability4.1 Epistemic constraints on prediction4.2 Computational constraints on prediction4.3 Pragmatic constraints on prediction4.4 Prediction definedUnpredictabilityRandomness is unpredictability6.1 Clarification of the definition of randomness6.2 Randomness and probability6.3 Subjectivity and context sensitivity of randomnessEvaluating the analysis[R]andomness … is going to be a concept which is relative to our body of knowledge, which will somehow reflect what we know and what we don't know. Henry E. Kyburg, Jr (, p. 217)Phenomena that we cannot predict must be judged random. Patrick Suppes (, p. 32). (shrink)
This article explores the connection between objective chance and the randomness of a sequence of outcomes. Discussion is focussed around the claim that something happens by chance iff it is random. This claim is subject to many objections. Attempts to save it by providing alternative theories of chance and randomness, involving indeterminism, unpredictability, and reductionism about chance, are canvassed. The article is largely expository, with particular attention being paid to the details of algorithmic randomness, a topic relatively unfamiliar to philosophers.
Recently, many philosophers have been interested in using locative relations to clarify and pursue debates in the metaphysics of material objects. Most begin with the relation of exact location. But what if we begin instead with the relation known as weak location – the relation an object x bears to any region not completely bereft of x? I explore some of the consequences of pursuing this route for issues including coincidence, extended simples, and endurance, with an eye to evaluating the (...) prospects for taking weak location as our fundamental locative relation. (shrink)
Antoni Domènech was one of Spain’s most important political philosophers of the late twentieth and early twentyfirst centuries. Known primarily as a scholar of republicanism, his work on the concepts of individual liberty and rights complicates standard liberal definitions, which he believed erred in defining these terms independent of institutional context, as pre-political attributes of the individual. He argued that republicanism corrected liberalism’s abstraction by making one’s actually being able to exercise liberty and rights depend on one’s enjoying a sufficiently (...) robust set of material conditions, or on having enough property so that one could always avoid unequal social relationships. (shrink)
Material Engagement Theory is currently driving a conceptual change in the archaeology of mind. Drawing upon the dictates of enactivism and active externalism, it specifically calls for a radical reconceptualization of mind and material culture. Unpersuaded by the common assumption that cognition is brain-bound, Malafouris argues in favour of a process ontology that situates thinking in action. In granting ontological primacy to material engagement, MET seeks to illuminate the emergence of human ways of thinking through the practical effects of the (...) material world. Considering that this is a characteristic example of a pragmatic take on cognition, this contemporary theoretical platform appears to share a lot with pragmatism. As of late, scholars working at the intersection of philosophy, semiotics, and cognitive science have made important steps towards the rapprochement between pragmatism and externalism. Looking to contribute to this growing corpus of work, the present paper focuses on MET’s relation to the pragmatism of Peirce, Dewey, and Mead. Having elsewhere recognized the overlap and complementarity between Malafouris’ and Peirce’s theories in particular, I developed a pragmatic and enactive theory of cognitive semiotics that is suitably geared to trace the nature, emergence, and evolution of material signs. Therefore, besides noting some obvious historical connections, I hereby aim to establish the theoretical backdrop upon which this composite theory is supposed to function, while also exploring new potential avenues. Given that this cognitive semiotic framework can be seen as a pragmatic extension of Malafouris’ enactivist approach to archaeology, the current paper delves into MET’s theoretical underpinnings, seeking to complement its working hypotheses and concepts with philosophical notions and ideas advanced long ago. This synthesis ultimately concludes with a call for the reconceptualization of ‘representation’ as a heuristic concept. (shrink)