The topic of the impact of artificial intelligence on law, the legal profession and legal culture, in general, has not yet been sufficiently discussed in the Croatian scientific community. This paper aims to encourage a more comprehensive analysis of the relationship between the increasing use of artificial intelligence in our daily lives and the specifics of practising the legal profession in such an environment. Artificial intelligence is still a broad and heterogeneous field. It is therefore justified to ask the question: (...) Which of the many technologies currently being developed can be applied in the field of law? Which legal matters can be “entrusted” to the new technologies? To answer such and similar questions, it is necessary to have an excellent knowledge of both artificial intelligence and the law, as well as the areas in which they intersect. We have chosen criminal law, which is a part of public law and the ultimate social mechanism for responding to undesirable behaviour, as our object of study. We pay particular attention to its two important aspects: the element of culpability in a criminal offence and the possibility of autonomous decision-making in criminal law. The reflections have shown that Croatian criminal law may have the ability and potential to adapt to the challenges of artificial intelligence when it comes to culpability. On the other hand, the necessity and value of artificially intelligent decisions are questionable given the fundamental characteristics of criminal law. In conclusion, the authors express a departure from views of artificial intelligence as a decision-making substitute in criminal law but support the view that artificially intelligent legal technologies are an aid to decision-making. (shrink)

In times of global economic and political crises, the notion of solidarity is gaining new currency. This book argues that a solidarity-based perspective can help us to find new ways to address pressing problems. Exemplified by three case studies from the field of biomedicine: databases for health and disease research, personalised healthcare, and organ donation, it explores how solidarity can make a difference in how we frame problems, and in the policy solutions that we can offer.

Combining knowledge of social policy and practice with insights from poststructural and feminist theory, the text demonstrates how democratic citizens and the political are continually recreated.

Male aggression against females in primates, including humans, often functions to control female sexuality to the male’s reproductive advantage. A comparative, evolutionary perspective is used to generate several hypotheses to help to explain cross-cultural variation in the frequency of male aggression against women. Variables considered include protection of women by kin, male-male alliances and male strategies for guarding mates and obtaining adulterous matings, and male resource control. The relationships between male aggression against women and gender ideologies, male domination of women, (...) and female sexuality are also considered. (shrink)

This article argues that feminist analyses of patriarchy should be expanded to address the evolutionary basis of male motivation to control female sexuality. Evidence from other primates of male sexual coercion and female resistance to it indicates that the sexual conflicts of interest that underlie patriarchy predate the emergence of the human species. Humans, however, exhibit more extensive male dominance and male control of female sexuality than is shown by most other primates. Six hypotheses are proposed to explain how, over (...) the course of human evolution, this unusual degree of gender inequality came about. This approach emphasizes behavioral flexibility, cross-cultural variability in the degree of partriarchy, and possibilities for future change. (shrink)

In recent years, critical scholarship has drawn attention to increasing power differentials between corporations that use data and people whose data is used. A growing number of scholars see digital data and information commons as a way to counteract this asymmetry. In this paper I raise two concerns with this argument: First, because digital data and information can be in more than one place at once, governance models for physical common-pool resources cannot be easily transposed to digital commons. Second, not (...) all data and information commons are suitable to address power differentials. In order to create digital commons that effectively address power asymmetries we must pay more systematic attention to the issue of exclusion from digital data and information commons. Why and how digital data and information commons exclude, and what the consequences of such exclusion are, decide whether commons can change power asymmetries or whether they are more likely to perpetuate them. (shrink)

This paper, which is based on an extensive analysis of the literature, gives a brief overview of the main ways in which solidarity has been employed in bioethical writings in the last two decades. As the vagueness of the term has been one of the main targets of critique, we propose a new approach to defining solidarity, identifying it primarily as a practice enacted at the interpersonal, communal, and contractual/legal levels. Our three-tier model of solidarity can also help to explain (...) the way in which crises of solidarity can occur, notably when formal solidaristic arrangements continue to exist despite ‘lower tiers’ of solidarity practices at inter-personal and communal levels having ‘broken away’. We hope that this contribution to the growing debate on the potential for the value of solidarity to help tackle issues in bioethics and beyond, will stimulate further discussion involving both conceptual and empirically informed perspectives. (shrink)

In this article I draw on personal experience to explore the kinds of relationships that can develop between human and nonhuman animals. The first part of the article describes my encounters with wild baboons, whom I studied in East Africa over the course of many years. The baboons treated me as a social being, and to gain their trust I had to learn the troop's social conventions and behave in accordance with them. This process gave me a feeling for what (...) it means to be a baboon. Over time, I developed a sense of belonging to their community, and my subjective identity seemed to merge with theirs. This experience expanded my sense of the possible in interspecies relations. The second part of the article describes a mutual exploration of such possibilities in my relationship with my dog, Safi. I describe how Safi and I co-create systems of communication and emotional expression that permit deep 'intersubjectivity', despite our very different biological natures. In my relationships with baboons, dogs, and other animals, I have encountered the presence in another of something resembling a human 'self'. I emphasize the importance of recognizing and honoring this presence in other animals as well as in humans. (shrink)

This book presents the most important problems of reference and considers their solution. It presupposes no technical knowledge, presents analyses from first principles, illustrates every stage with examples, and is written with verve and clarity. This is the ideal introduction to reference for students of linguistics and philosophy of language.

Richard Rorty's rejection of prevailing interior-mirror understandings of the presumed relationship between “minds” and “nature,” along with his promotion of nonrepresentational accounts of knowledge, truth, and science, participates in a rich tradition of jointly pragmatist and constructivist views that spans the twentieth century. This contribution to the symposium “Whatever Happened to Richard Rorty?” considers Rorty's complex and ambivalent relation to that tradition, particularly to the work of his American pragmatist predecessors, William James and John Dewey, and to subsequent pragmatist-constructivist antirepresentationalism (...) in contemporary science and technology studies (STS) and “4E” (embodied, embedded, extended, enactive) cognitive theory. A final section on Nicholas Gaskill's contribution to the symposium questions his sense of Rorty's rhetorical recklessness and suggests that his worries over relativism, in Rorty's texts and more generally, are misplaced. (shrink)

This article challenges a key tacit assumption underpinning legal and ethical instruments in health care, namely, that people are ideally bounded, independent, and often also strategically rational individuals. Such an understanding of personhood has been criticized within feminist and other critical scholarship as being unfit to capture the deeply relational nature of human beings. In the field of medicine, however, it also causes tangible problems. I propose that a solidarity-based perspective entails a relational approach and as such helps to formulate (...) new solutions to complex ethical and regulatory questions, ranging from caring for people at the end of their lives to improving policies for organ donation and better governance of health data. It also underscores the importance of universal health care. Although a solidarity-based perspective does not require health to be seen as an individually enforceable right, it does influence our understanding of individual rights: it draws attention to how their meaning is shaped by shared social practices. I conclude by arguing that, in light of current pressures for medicine to become more personalized, using a relational understanding of personhood to shape policies and practices is a much needed endeavor. (shrink)

Chronic and current epistemological controversies, with particular attention to the development of pragmatist/historicist/constructivist reconceptions of knowledge and science in the 20th century and the scandalized responses to them by defenders of more traditional rationalist/objectivist/realist conceptions. Individual chapters deal with complex and confused relations among epistemic skepticism, relativism, and constructivist epistemology ; 20th-century "postmodern" relativism and anti-relativism; Ludwik Fleck and constructivist views of truth, science, and knowledge; attacks on and disavowals of constructivism and/or relativism by established and feminist philosophers; the Science (...) Wars and fraught relations between the humanities and the sciences; the problematic claims of Evolutionary Psychology; and chronic problems and contemporary views of animal-human relations. (shrink)

An extended analysis and account of the psychological/social/cognitive dynamics of intellectual controversy. The immediate focus is the recurrent failure of intellectual engagement, in encounters having to do with with truth, knowledge, language, science, and/or objectivity, between, on the one hand, rationalist-realist-objectivist philosophers and/or those they have instructed and, on the other hand, constructivist-pragmatist ("postmodern") theorists and/or those persuaded by their critiques and/or alternative views. Individual chapters examine critiques and defenses of objectivist-rationalist views in law, politics, literary studies, ethics, communication theory, (...) and philosophy of science. Theorists whose views are discussed critically at some length include legal scholar Robin West and philosophers Jürgen Habermas, Karl-Otto Apel, and Philip Kitcher. (shrink)

Socialism and Feminism in the 19th century.

I argue for the possibility of posthumous harm based on an account of the harm of murder. I start with the deep-seated intuition that when someone is murdered he (or she) is harmed (over and above the pain of injury or dying), and argue that Feinberg's account that assumes that harm is an invasion of an interest cannot plausibly accommodate this intuition. I propose a new account of the harm of murder: it is an irreversible loss of functions necessary for (...) worthwhile existence. I suggest a (partial) loss analysis of harm in general, and then go on to apply it to posthumous harm and defend the idea that there can be posthumous losses. (shrink)

How should biological behaviour be modelled? A relatively new approach is to investigate problems in neuroethology by building physical robot models of biological sensorimotor systems. The explication and justification of this approach are here placed within a framework for describing and comparing models in the behavioural and biological sciences. First, simulation models – the representation of a hypothesis about a target system – are distinguished from several other relationships also termed “modelling” in discussions of scientific explanation. Seven dimensions on which (...) simulation models can differ are defined and distinctions between them discussed: 1. Relevance: whether the model tests and generates hypotheses applicable to biology. 2. Level: the elemental units of the model in the hierarchy from atoms to societies. 3. Generality: the range of biological systems the model can represent. 4. Abstraction: the complexity, relative to the target, or amount of detail included in the model. 5. Structural accuracy: how well the model represents the actual mechanisms underlying the behaviour. 6. Performance match: to what extent the model behaviour matches the target behaviour. 7. Medium: the physical basis by which the model is implemented. No specific position in the space of models thus defined is the only correct one, but a good modelling methodology should be explicit about its position and the justification for that position. It is argued that in building robot models biological relevance is more effective than loose biological inspiration; multiple levels can be integrated; that generality cannot be assumed but might emerge from studying specific instances; abstraction is better done by simplification than idealisation; accuracy can be approached through iterations of complete systems; that the model should be able to match and predict target behaviour; and that a physical medium can have significant advantages. These arguments reflect the view that biological behaviour needs to be studied and modelled in context, that is, in terms of the real problems faced by real animals in real environments. Key Words: animal behaviour; levels; models; neuroethology; realism; robotics; simulation. (shrink)

This article provides a concise overview of the history of scholarship on solidarity in Europe and North America. While recent decades have seen an increase in conceptual and scholarly interest in solidarity in North America and other parts of the Anglo-Saxon world, the concept is much more strongly anchored in Europe. Continental European politics in particular have given rise to two of the most influential traditions of solidarity, namely, socialism and Christian ethics. Solidarity has also guided important public instruments and (...) institutions in Europe. Despite the much stronger affinity of continental European societies to solidaristic thinking, we argue that solidarity has much to offer for addressing societal challenges on both sides of the Atlantic and beyond. After proposing a working definition of solidarity that highlights its utility for guiding policy and practice, we give an example of how a solidarity-based perspective can shape instruments for the governance of data use. (shrink)

The article argues that the relationship to time is at the root of what makes us human and that culture arises with and from efforts to transcend death, change and the rhythmicity of the physical environment. Time can be tracked through systems of time measurement and later transformed from a process of nature into clock time, a time to human design that is abstracted from context and content. In this form time can be traded with all other times. With contemporary (...) science and new information and communications technologies, which operate in a new all-encompassing temporal spectrum that extends from nanoseconds to millennia, clock time is no longer appropriate to the associated present-oriented transactions and futures are traversed in the dual sense of the word. By historically locating temporal relations, the article provides both a new understanding of socio-cultural relations and a perspective on social change. (shrink)

Ulrich Beck's best selling Risk Society established risk on the sociological agenda. It brought together a wide range of issues centering on environmental, health and personal risk, provided a rallying ground for researchers and activists in a variety of social movements and acted as a reference point for state and local policies in risk management. The Risk Society and Beyond charts the progress of Beck's ideas and traces their evolution. It demonstrates why the issues raised by Beck reverberate widely throughout (...) social theory and covers the new risks that Beck did not foresee, associated with the emergence of new technologies, genetic and cybernetic. The book is unique because it offers both an introduction to the main arguments in Risk Society and develops a range of critical discussions of aspects of this and other works of Beck. (shrink)

Some presuppositions seem to be weaker than others in the sense that they can be more easily neutralized in some contexts. For example some factive verbs, most notably epistemic factives like know, be aware, and discover, are known to shed their factivity fairly easily in contexts such as are found in (1). (1) a. …if anyone discovers that the method is also wombat-proof, I’d really like to know! b. Mrs. London is not aware that there have ever been signs erected (...) to stop use of the route… c. Perhaps God knows that we will never reach the stars…. (The examples in (1) are all naturally occurring ones, discovered by David Beaver with the aid of Google; cf. Beaver 2002, exx. 32, 43, and 51, respectively.) On the other hand some other factives, e.g. regret, matter, and be surprised, do not exhibit the same type of behavior: (2) a. If any of the students regrets behaving badly, they’ll let us know. b. It doesn’t matter that the chimpanzees escaped. c. Was Bill surprised that spinach was included? Unlike the examples in (1), those in (2) could not be used appropriately in contexts where the speaker was not assuming that the complement clause was true. Our main concern will be trying to find the cause of this difference. However, before we get to that, we will look more closely at the concept “presupposition” itself, as well as its close neighbor in the linguistic literature, “conventional implicature” (section 2), and also at various ways of getting rid of presuppositions (section 3). In section 4 we will investigate two possible explanations for differences in presupposition triggering – the “lexical alternative” approach of Abusch (2002, 2005), and a suggestion of Ladusaw’s involving detachability of presuppositions. The final section contains concluding remarks. (shrink)

The prototypes of definiteness and indefiniteness in English are the definite article the and the indefinite article a/an, and singular noun phrases (NPs)1 determined by them. That being the case it is not to be predicted that the concepts, whatever their content, will extend satisfactorily to other determiners or NP types. However it has become standard to extend these notions. Of the two categories definites have received rather more attention, and more than one researcher has characterized the category of definite (...) NPs by enumerating NP types. Westerståhl (1985), who is concerned only with determiners in the paper cited, gives a very short list: demonstrative NPs, possessive NPs, and definite descriptions. Prince (1992) lists proper names and personal pronouns, as well as NPs with the, a demonstrative, or a possessive NP as determiner. She notes, in addition, that “certain quantifiers (e.g. all, every) have been argued to be definite” (Prince 1992: 299). This list, with the quantifiers added, agrees with that given by Birner & Ward (1998, 114). Ariel (1988, 1990) adds null anaphoric NPs. (shrink)

ABSTRACT Amidst trends that emphasize languishing patterns in teen mental health, there is a bright spot: social science research indicates that adolescents who develop relationships with adult mentors demonstrate increased signs of flourishing. This social science research on mentors, though limited to school performance outcome goals, offers a lifeline to character educators. I offer a theoretical framework based on Aristotelian principles, informed by anecdotal case studies of authentic moral dilemmas that emerged from the direct experiences of mentees, to suggest a (...) framework to explain why adolescents with adult mentors have an advantage. Patterns of conversation in trusted mentoring relationships developed over time, and in a school context that provides sufficient professional development for mentors, support the youth: (1) to advance in practical wisdom (phronesis) by honing skills for emotional regulation as well as cognitive skills to recognize goods in conflict and (2) to learn how to engage in civic friendship through these friendships of inequality with mentors. (shrink)

This paper presents problems for Stalnaker’s common ground theory of presupposition. Stalnaker (Linguist and Philos 25:701–721, 2002) proposes a 2-stage process of utterance interpretation: presupposed content is added to the common ground prior to acceptance/rejection of the utterance as a whole. But this revision makes presupposition difficult to distinguish from assertion. A more fundamental problem is that the common ground theory rests on a faulty theory of assertion—that the essence of assertion is to present the content of an utterance as (...) new information. Many examples are presented of utterances which are felicitous but not informative in this way. (shrink)

The role of agape in Christian ethics has been a major concern for twentieth century ethicists. In America, the dominant ethical position has stressed other-regard--often pressed to the point of significant personal sacrifice--as the content of agape. Feminist ethicists are now criticizing an exclusive emphasis on other-regard. They are stressing the need for a healthy self-regard and hence they are exploring mutuality as the most appropriate image of Christian love.

This collection breaks new ground in four key areas of feminist social thought: the sex/gender debates; challenges to liberalism/equality; feminist ethics; and feminist perspectives on global ethics and politics in the 21st century. Altogether, the essays provide an innovative look at feminist philosophy while making substantive contributions to current debates in gender theory, ethics, and political thought.

A critical examination of the charge of self-refutation, particularly as leveled by orthodoxy-defending philosophers against those maintaining epistemologically unorthodox, especially relativistic or skeptical, views. Beginning with an analysis of its classic illustration in Plato’s *Theaetetus* as leveled against Protagoras’s “Man is the measure ...,” I consider various aspects of the charge, including logical, rhetorical, pedagogic, affective, and cognitive.

: The main threads of Emmanuel Levinas's theory of ethics, developed in his philosophical works, Totality and Infinity (1969), and Otherwise than Being or Beyond Essence (1998), instruct that ethics require transcendence of being and nature, which he describes in terms of a transcendence of animality to the human. This apparent devaluation of the nonhuman would seem to preclude the development of Levinasian environmental ethics. However, a deconstructive reading of Levinas recognizes a subtext that interrupts the main threads of his (...) argument running against the inclusion of nonhuman others in ethics. Through a critical reconstructive reading of Levinas, I develop an ethic extraneous to Levinas's transcendent ethics, an ethic outside his "otherwise than being.". (shrink)

This paper proposes an approach to narrative deixis which offers a coherent analysis of the respective roles of proximal and distal deictic expressions. The paper starts by arguing that fictional narratives require an approach to deixis which modifies a number of broadly held assumptions, especially as regards the interaction between tense and other deictic forms. It then considers the widely discussed instance of the temporal adverb now in the context of Past Tense. The second part of the paper gives special (...) focus to demonstratives in narrative fiction, showing their role in temporal construals. It argues that both temporal and demonstrative expressions are primarily used to serve narrative viewpoint construction. Examples from several novels are then used to show how the proximal and distal choices of demonstratives, temporal adverbs and locative adverbs structure narrative viewpoint, including narrative representation of character experience. The paper concludes by proposing that in the context of fictional narratives the proximal/distal contrast is more relevant to meaning emergence than individual aspects of deixis, and that the construal of time can be achieved through the whole spectrum of deictic forms, not just tense and temporal adverbs such as now and then. (shrink)

Advocates of literary Darwinism, cognitive cultural studies, neuroaesthetics, digital humanities, and other such hybrid fields now seek explicitly to make the aims and methods of one or another humanities discipline approximate more closely the aims and methods of science, and at their most visionary, they urge as well the overall integration of the humanities and natural sciences. This essay indicates some major considerations—historical, conceptual, and pragmatic—that may be useful for assessing these efforts and predicting their future. Arguments promoting integration often (...) involve dubious teleological models of intellectual history and betray limited understandings of the distinctive epistemic orientations and cultural functions of the humanities vis-à-vis the sciences. Recurrent institutional difficulties encountered by scholars and/or scientists in hybrid fields reflect steep prestige differentials between the humanities and sciences, along with significant differences of training, experience, style, and temperament. Meanwhile, both the sciences and humanities are being shaken up by technological and related intellectual developments. Though worrisome, the new disciplinary configurations are thus likely to play out in surprising and, not inconceivably, positive ways. (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 17 Heft: 1 Seiten: 331-344.

Dworkin's theoretical disagreement argument, developed in Law's Empire, is presented in that work as the motivator for his interpretive account of law. Like Dworkin's earlier arguments critical of legal positivism, the argument from theoretical disagreement has generated a lively exchange with legal positivists. It has motivated three of them to develop innovative positivist positions. In its original guise, the argument from theoretical disagreement is presented as ‘the semantic sting argument’. However, the argument from theoretical disagreement has more than one version. (...) This article briefly discusses two versions and the leading replies to them, then focuses on the most influential version, directed at Hartian positivism. The article surveys the leading positivist rejoinders to the recast version, indicating key Dworkinian replies or assessing the strength of these rejoinders, and concludes with a rejoinder of its own, making a new case that the argument from theoretical disagreement isn't fatal for Hartian legal positivism. (shrink)

A familiar jurisprudential view is that a judicial decision functions as a legal precedent by laying down a rule and that the content of this rule is set by officials. Precedents can be followed only by acting in accordance with this rule. This view is mistaken on all counts. A judicial decision functions as a precedent by being an example. At its best, it is an example both for officials and for a target population. Even precedents outside of law function (...) as examples when they have conduct-guiding significance. Examples may be rule-like in their scope, but need not be. Their import is independent of their justification; this point has implications for coherence theories of precedent meaning. The content and scope of a legal decision’s extension is not set exclusively by officials. It is socially set and depends upon social salience. (shrink)

We study for each computably bounded $\Pi ^0_1$ class P the set of degrees of c.e. paths in P. We show, amongst other results, that for every c.e. degree a there is a perfect $\Pi ^0_1$ class where all c.e. members have degree a. We also show that every $\Pi ^0_1$ set of c.e. indices is realized in some perfect $\Pi ^0_1$ class, and classify the sets of c.e. degrees which can be realized in some $\Pi ^0_1$ class as exactly (...) those with a computable representation. (shrink)

Everyone agrees that law is a constituent of social reality. Law seems to be a system by which conduct is governed and guided. Its usefulness consists, in part, on its ability to govern and guide conduct in its characteristic way. If laws guides the conduct of lay law subjects, then it must be (really) possible for the content of the laws governing their conduct to be known by them under standard social conditions. Moreover, if some degree of efficacy in guiding (...) and governing the conduct of lay law subjects is an existence condition for a legal system, then in existing legal systems enough of the content of directive law is epistemically accessed by enough law subjects so that they can apply it to their situations and correctly determine the act-tokens required of them. In this chapter, I argue that these modest epistemic reflections have important implications for a theory of legal content that have been largely ignored. Holistic theories of legal content, such as Greenberg’s and Dworkin’s, are inconsistent with an adequate account of epistemic access. After demonstrating the same problem in two mainstream non-holistic theories of legal content -- the view that legal content is set entirely by official interpretive conventions, and the view that legal content is set entirely by official intentions – I propose a theory of legal content that meets the epistemic access challenge. On my approach, law is, at its core, centered upon the understandings of law subjects. (This view is meant to exempt constitutional provisions.) More precisely, the legal content of statutes and judicial decisions is built around, and preserves, a core of understandings and meaning-assignments that is the province of anyone with sufficient linguistic ability and relevant socialization. The details of this view are, roughly: (1) in the case of judicial decisions in a common law system, the social salience of the example the decision sets concerning behavior sets the default legal content; (2) in the case of statutory directives, the set of socially salient applications (behavior in situations) sets the default legal content. I say `default’ because my account of legal content is a two-stage account beginning with the default content and permitting a second stage in which considerations from other sources can operate on the default. Yet if a certain amount of efficacy in guiding lay law subjects’ behavior is a requirement for the existence of a legal system, there must be a core of legal content undistorted from its default social salience by a second stage operation. There is and must be a `law of the street’. -/- . (shrink)

An examination of conceptually and rhetorically equivocating positions among academic philosophers and other theorists who are sympathetic to constructivist epistemological developments but unwilling to relinquish key aspects of traditional understandings of truth and knowledge and/or anxious to avoid charges of relativism. A major problem with the resulting hybrid formulations is that, seeking, as they often claim, to “steer a course between Scylla and Charybdis” and being composed of essentially incompatible elements, they can do little theoretical work. While the personal-intellectual and (...) professional-institutional pressures leading to such dubious navigations are substantial, so also, it is argued, are their intellectual costs. (shrink)

The Rainbow Ramsey Theorem is essentially an "anti-Ramsey" theorem which states that certain types of colorings must be injective on a large subset (rather than constant on a large subset). Surprisingly, this version follows easily from Ramsey's Theorem, even in the weak system RCA₀ of reverse mathematics. We answer the question of the converse implication for pairs, showing that the Rainbow Ramsey Theorem for pairs is in fact strictly weaker than Ramsey's Theorem for pairs over RCA₀. The separation involves techniques (...) from the theory of randomness by showing that every 2-random bounds an ω-model of the Rainbow Ramsey Theorem for pairs. These results also provide as a corollary a new proof of Martin's theorem that the hyperimmune degrees have measure one. (shrink)

The phrase "natural kind term" has come into the linguistic and philosophical literature in connection with well-known work of Kripke (1972) and Putnam (1970, 1975a). I use that phrase here in the sense it has acquired from those and subseqnent works on related topics. This is not the transparent sense of the phrase. That is, if I am right in what follows there are words for kinds of things existing in nature which are not natural kind terms in the current (...) sense - e.g. planet, woman, and weed. I use the term "nondescriptional", following Salmon (1981), to mean "lacking a Fregean sense", where a Fregean sense is taken to be a property or group of properties semantically associated with an expression which determines its denotation. I hope that the term "nondescriptional" will be clarified in subsequent discussion, but perhaps a few words about it and its opposite, "descriptional", would be useful here. These terms (as Salmon notes (p.15, n. 11)) should be taken as technical terms. The idea is that descriptional words, of which bachelor is the overwhelmingly favorite example, express a semantic content, or sense, which is what mediates their denotation. Entities fall in their denotation in virtue of possessing the property or properties expressed as their sense. (It is not necessary, however, that this sense be as easily paraphrasable with descriptive synonyms as it is typically held to be in the case of bachelor, or even that it be paraphrasable at all.) In the case of nondescriptional words there is no Fregean sense to mediate the link between word and object. Hence such terms are described by what Salmon, following Kaplan, calls "the theory of direct reference". What it is that does associate such terms with their denotations is another question which will be touched on briefly at the end. I have several aims in this paper. The first is to defend a conservative position on nondescriptionality. I will argue that relatively few natural language words have this property. My other aims are primarily clarificatory. Among the issues I would like to clarify are those connected with the determination of this property and flae explanation of why it exists, its relationship with other properties such as rigid designation and essentiality, and its significance for lexical semantics. The organization of the paper is as follows. The first section identifies the position taken here on the question of which expressions are nondescriptional and provides a general defense of it. The second section is a critical examination of criteria associated with nondescriptionality. In the third section provide further defense for the conservative position, and in the fourth section we turn to related issues in lexical semantics. (shrink)

I reply here to an article by philosopher Paul Boghossian in which my article "Cutting-Edge Equivocation: Conceptual Moves and Rhetorical Strategies in Contemporary Anti-Epistemology" (Smith, *SAQ* 2002) provides him with an occasion for a supposed exposure and refutation of the alleged illogic of the "unpalatable relativism" of what Boghossian, at some distance from his topic, (mis)understands as the "constructivism" of contemporary sociology of science.