The United States Supreme Court's decision in Bell Atlantic Corp. v. Twombly is creating quite a stir. Suddenly gone is the famous loosey-goosey rule of Conley v. Gibson that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.Now a complaint must provide enough facts to state a claim to relief that is (...) plausible on its face. Only decided last May, Bell Atlantic has been cited in over 3,700 cases. Already being described as a landmark decision, Bell Atlantic nonetheless has lawyers and judges scratching their heads over the precise pleading standard to apply in its wake. As the Second Circuit (mildly) put it, Considerable uncertainty concerning the standard for assessing the adequacy of pleadings has recently been created by the Supreme Court's decision in Bell Atlantic Corp. v. Twombly. Just what is a plausible showing that the pleader is entitled to relief under Rule 8(a)(2)?I believe an answer lies in the 26-year-old decision of the Former Fifth Circuit in In re Plywood Antitrust Litigation. Plywood Antitrust requires, at a minimum, that a complaint . . . contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory. Already used in more than half the circuits, this standard paraphrases advice found in the venerable WRIGHT & MILLER for nearly 40 years.Properly applied, this all . . . material elements standard satisfies Bell Atlantic's plausibility requirement in all respects. The Plywood Antitrust pleading standard works well after Bell Atlantic, first, because the Supreme Court referred to the standard, albeit parenthetically, with approval in Bell Atlantic. Second, it does much to harmonize the Federal Rules' goal of dispensing with pleading technicalities while still requiring enough general factual information about a pleader's claim to make the notice in notice pleading meaningful. Finally, and perhaps most importantly, it gives lawyers, litigants, and courts a standard they can actually use when drafting, or assessing the sufficiency of, pleadings. (shrink)

Since Charles Beard first focused attention upon it in 1913, the Tenth Federalist Paper has been at the centre of the debate concerning the foundations of the American republic. Specifically, there have been three primary interpretations of this document. Each corresponds to one of the three major traditions of interpretation that have dominated the study of American political thought in the twentieth century. Each also points towards and has been evoked in the service of drastically different political philosophies.

Drawing on the works of philosophers Charles Taylor and Joseph Heath, this paper argues that the critique of consumerism is too often separated into an emphasis on “ideas” or “practices.” Taylor’s critique is set against the backdrop of his interpretation of the ideas and values that are constitutive of Western selfhood. To engage in excessive consumption, on this view, is to betray the ideals underlying one’s cultural identity. Heath, by contrast, argues that critics of consumerism must avoid this kind (...) of ideas-based social criticism because it is not only unproductive, but also illiberal and elitist. The phenomenon of consumerism must be approached, rather, by way of an institutional critique that treats excessive consumption as a collective action problem arising within the context of the market economy. The paper argues that while Heath makes an invaluable contribution to the critique of consumerism, his misunderstanding of the importance of ideas is such that his critique ultimately lacks vigor and persuasiveness. (shrink)

"The main and original contribution of this volume is to offer a discussion of teleology through the prism of religion, philosophy and history. The goal is to incorporate teleology within discussions across these three disciplines rather than restrict it to one as is customarily the case. The chapters cover a wide range of topics, from individual teleologies to collective ones; ideas put forward by the French aristocrat Arthur de Gobineau and the Scottish philosopher David Hume, by the Anglican theologian and (...) founder of Methodism, John Wesley, and the English naturalist Charles Darwin; it criss-crosses intellectually and conceptually from a discussion of morality to that of the sacralisation of politics"--. (shrink)

Systems for color naming across languages have been a fascinating topic for decades. Zaslavsky and colleagues challenge Gibson's argument that color names are shaped by patterns of communicative need. Using an information‐theoretic analysis, they show that color naming is shaped by both perceptual structure (as is usually argued) but also by communication need.

We argue that glory, while seductive, should not be sought for its own sake. We employ some Greek ethics, personalism, and the superhero figures "The Fantastic Four".

Following on from ecological theories of perception, such as the one proposed by [Gibson, J. J. . The senses considered as perceptual systems. Boston: Houghton Mifflin] this paper reviews the literature on the multisensory interactions underlying the perception of flavor in order to determine the extent to which it is really appropriate to consider flavor perception as a distinct perceptual system. We propose that the multisensory perception of flavor may be indicative of the fact that the taxonomy currently used (...) to define our senses is simply not appropriate. According to the view outlined here, the act of eating allows the different qualities of foodstuffs to be combined into unified percepts; and flavor can be used as a term to describe the combination of tastes, smells, trigeminal, and tactile sensations as well as the visual and auditory cues, that we perceive when tasting food. (shrink)

The ever-increasing application of algorithms to decision-making in a range of social contexts has prompted demands for algorithmic accountability. Accountable decision-makers must provide their decision-subjects with justifications for their automated system’s outputs, but what kinds of broader principles should we expect such justifications to appeal to? Drawing from political philosophy, I present an account of algorithmic accountability in terms of the democratic ideal of ‘public reason’. I argue that situating demands for algorithmic accountability within this justificatory framework enables us to (...) better articulate their purpose and assess the adequacy of efforts toward them. (shrink)

The problem of the reality and nature of novelty in the universe has long engaged the attention of philosophers. “There is nothing new under the sun” is one ancient weighty utterance. On the other hand, “you cannot step twice into the same river”, said Heraclitus, for in the interval between your first and second steps, the river has changed and you have changed. One recent attempt to analyze this problem and other affiliated problems, is the theory of emergence.

Decisions based on algorithmic, machine learning models can be unfair, reproducing biases in historical data used to train them. While computational techniques are emerging to address aspects of these concerns through communities such as discrimination-aware data mining and fairness, accountability and transparency machine learning, their practical implementation faces real-world challenges. For legal, institutional or commercial reasons, organisations might not hold the data on sensitive attributes such as gender, ethnicity, sexuality or disability needed to diagnose and mitigate emergent indirect discrimination-by-proxy, such (...) as redlining. Such organisations might also lack the knowledge and capacity to identify and manage fairness issues that are emergent properties of complex sociotechnical systems. This paper presents and discusses three potential approaches to deal with such knowledge and information deficits in the context of fairer machine learning. Trusted third parties could selectively store data necessary for performing discrimination discovery and incorporating fairness constraints into model-building in a privacy-preserving manner. Collaborative online platforms would allow diverse organisations to record, share and access contextual and experiential knowledge to promote fairness in machine learning systems. Finally, unsupervised learning and pedagogically interpretable algorithms might allow fairness hypotheses to be built for further selective testing and exploration. Real-world fairness challenges in machine learning are not abstract, constrained optimisation problems, but are institutionally and contextually grounded. Computational fairness tools are useful, but must be researched and developed in and with the messy contexts that will shape their deployment, rather than just for imagined situations. Not doing so risks real, near-term algorithmic harm. (shrink)

Kim’s causal exclusion argument purports to demonstrate that the non-reductive physicalist must treat mental properties (and macro-level properties in general) as causally inert. A number of authors have attempted to resist Kim’s conclusion by utilizing the conceptual resources of Woodward’s interventionist conception of causation. The viability of these responses has been challenged by Gebharter, who argues that the causal exclusion argument is vindicated by the theory of causal Bayesian networks (CBNs). Since the interventionist conception of causation relies crucially on CBNs (...) for its foundations, Gebharter’s argument appears to cast significant doubt on interventionism’s anti-reductionist credentials. In the present article, we both (1) demonstrate that Gebharter’s CBN-theoretic formulation of the exclusion argument relies on some unmotivated and philosophically significant assumptions (especially regarding the relationship between CBNs and the metaphysics of causal relevance), and (2) use Bayesian networks to develop a general theory of causal inference for multi-level systems that can serve as the foundation for an anti-reductionist interventionist account of causation.1. (shrink)

Adopting Kantor’s Masochean turn within Levinas, this article challenges the anthropocentrically limited purview of Levinas’s ethical relation. Incorporating Kantor’s legalistic reading of Levinas, informed through his literary analysis of Sacher-Masoch’s ‘Venus in Furs’, the article details the inescapable, legalistic plight that is to be the Levinasian ethical subject. Extending upon Kantor’s introductory conceptualisation of the Levinasian subject through Masoch, reveals a subject for whom suffering and sacrifice must be embraced; necessary acts of penitence before an irrepressible Other who they adore. (...) The Other is presented through Masoch’s text as an insatiable, inescapable deity of Law who cannot be refused and demands subservience. A god manifest in Exteriority whose influence upon the subject extends beyond the frame of the interhuman relation and is a necessary component of the subject’s existence and, more broadly, their world. The Levinasian subject’s relation with alterity poetically portraying all the potency, affirmation and urgency of dear Severin’s with his Venus, a relation which destroys, haunts and affirms the subject completely as only Law can. (shrink)

Platonism is the most pervasive philosophy of mathematics. Indeed, it can be argued that an inarticulate, half-conscious Platonism is nearly universal among mathematicians. The basic idea is that mathematical entities exist outside space and time, outside thought and matter, in an abstract realm. In the more eloquent words of Edward Everett, a distinguished nineteenth-century American scholar, "in pure mathematics we contemplate absolute truths which existed in the divine mind before the morning stars sang together, and which will continue to exist (...) there when the last of their radiant host shall have fallen from heaven." In What is Mathematics, Really?, renowned mathematician Rueben Hersh takes these eloquent words and this pervasive philosophy to task, in a subversive attack on traditional philosophies of mathematics, most notably, Platonism and formalism. Virtually all philosophers of mathematics treat it as isolated, timeless, ahistorical, inhuman. Hersh argues the contrary, that mathematics must be understood as a human activity, a social phenomenon, part of human culture, historically evolved, and intelligible only in a social context. Mathematical objects are created by humans, not arbitrarily, but from activity with existing mathematical objects, and from the needs of science and daily life. Hersh pulls the screen back to reveal mathematics as seen by professionals, debunking many mathematical myths, and demonstrating how the "humanist" idea of the nature of mathematics more closely resembles how mathematicians actually work. At the heart of the book is a fascinating historical account of the mainstream of philosophy--ranging from Pythagoras, Plato, Descartes, Spinoza, and Kant, to Bertrand Russell, David Hilbert, Rudolph Carnap, and Willard V.O. Quine--followed by the mavericks who saw mathematics as a human artifact, including Aristotle, Locke, Hume, Mill, Peirce, Dewey, and Lakatos. In his epilogue, Hersh reveals that this is no mere armchair debate, of little consequence to the outside world. He contends that Platonism and elitism fit well together, that Platonism in fact is used to justify the claim that "some people just can't learn math." The humanist philosophy, on the other hand, links mathematics with geople, with society, and with history. It fits with liberal anti-elitism and its historical striving for universal literacy, universal higher education, and universal access to knowledge and culture. Thus Hersh's argument has educational and political ramifications. Written by the co-author of The Mathematical Experience, which won the American Book Award in 1983, this volume reflects an insider's view of mathematical life, based on twenty years of doing research on advanced mathematical problems, thirty-five years of teaching graduates and undergraduates, and many long hours of listening, talking to, and reading philosophers. A clearly written and highly iconoclastic book, it is sure to be hotly debated by anyone with a passionate interest in mathematics or the philosophy of science. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2014 Heft: 202 Seiten: 395-424.

To commemorate 40 years since the founding of the Journal of Business Ethics, the editors in chief of the journal have invited the editors to provide commentaries on the future of business ethics. This essay comprises a selection of commentaries aimed at creating dialogue around the theme The Ethics and Politics of Academic Knowledge Production. Questions of who produces knowledge about what, and how that knowledge is produced, are inherent to editing and publishing academic journals. At the Journal of Business (...) Ethics, we understand the ethical responsibility of academic knowledge production as going far beyond conventions around the integrity of the research content and research processes. We are deeply aware that access to resources, knowledge of the rules of the game, and being able to set those rules, are systematically and unequally distributed. One could ask the question “for whom is knowledge now ethical’”? (See the Burrell commentary.) We have a responsibility to address these inequalities and open up our journal to lesser heard voices, ideas, and ways of being. Our six commentators pursue this through various aspects of the ethics and politics of academic knowledge production. Working with MacIntyre’s scheme of practices and institutions, Andrew West provides commentary on the internal good of business ethics learning and education. Inviting us to step out of the cave, Christopher Michaelson urges a clear-eyed, unblinking focus on the purposes and audiences of business ethics scholarship. As developmental editor, Scott Taylor uncovers some of the politics of peer review with the aim of nurturing of unconventional research. Mike Hyman presents his idiosyncratic view of marketing ethics. In the penultimate commentary, Julie Nelson attributes difficulties in the academic positioning of the Business Ethics field to the hegemony of a masculine-centric model of the firm. And finally, Gibson Burrell provides a powerful provocation to go undercover as researcher-investigators in a parallel ethics of the research process. (shrink)

W. V. Quine was quite simply the most distinguished analytic philosopher of the later half of the twentieth century. His celebrated attack on the analytic/synthetic tradition heralded a major shift away from the views of language descended from logical positivism. His most important book, Word and Object, introduced the concept of indeterminacy of radical translation, a bleak view of the nature of the language with which we ascribe thoughts and beliefs to ourselves and others. Quine is also famous for the (...) view that epistemology should be naturalized, that is conducted in a scientific spirit with the object of investigating the relationship between the inputs of experience and the outputs of belief. The eleven essays in this volume cover all the central topics of Quine's philosophy: the underdetermination of physical theory, analycity, naturalism, propositional attitudes, behaviorism, reference and ontology, positivism, holism and logic. (shrink)

The study of social change has neglected the dynamics motivating individuals to join mass movements. Particularly obscure is how apathetic people are transformed into social activists. Considering this problem the author suggests three stages of development through which the individual progresses in attaining a higher level of personal and social maturity. The first stage - dreaming -emerges when the individual aspires to change while wishing to avoid the risks involved. The second - the illusion of power - occurs when the (...) hunger for power and the fear of it are mediated. The third - real power - is promoted by the yearning for self-respect and social acceptance and is manifested by competence in gaining supremacy and actual experience in struggle. As a consequence of this process the individual advances from a subjective self-image to perceiving himself as a social being; society is humanized by the greater participation of individuals. (shrink)

McGee argues that it is sometimes reasonable to accept both x and x-> without accepting y->z, and that modus ponens is therefore invalid for natural language indicative conditionals. Here, we examine McGee's counterexamples from a Bayesian perspective. We argue that the counterexamples are genuine insofar as the joint acceptance of x and x-> at time t does not generally imply constraints on the acceptability of y->z at t, but we use the distance-based approach to Bayesian learning to show that applications (...) of modus ponens are nevertheless guaranteed to be successful in an important sense. Roughly, if an agent becomes convinced of the premises of a modus ponens argument, then she should likewise become convinced of the argument's conclusion. Thus we take McGee's counterexamples to disentangle and reveal two distinct ways in which arguments can convince. Any general theory of argumentation must take stock of both. (shrink)

Jim Joyce has argued that David Lewis’s formulation of causal decision theory is inadequate because it fails to apply to the “small world” decisions that people face in real life. Meanwhile, several authors have argued that causal decision theory should be developed such that it integrates the interventionist approach to causal modeling because of the expressive power afforded by the language of causal models, but, as of now, there has been little work towards this end. In this paper, I propose (...) a variant of Lewis’s causal decision theory that is intended to meet both of these demands. Specifically, I argue that Lewis’s causal decision theory can be rendered applicable to small world decisions if one analyzes his dependency hypotheses as causal hypotheses that depend on the interventionist causal modeling framework for their semantics. I then argue that this interventionist variant of Lewis’s causal decision theory is preferable to interventionist causal decision theories that purportedly generalize Lewis’s through the use of conditional probabilities. This is because Lewisian interventionist decision theory captures the causal decision theorist’s conviction that any correlation between what the agent does and cannot cause should be irrelevant to the agent’s choice, while purported generalizations do not. (shrink)

Although excess blood collection has characterized U.S. national disasters, most dramatically in the case of September 11, periodic shortages of blood have recurred for decades. In response, I propose a new model of medical philanthropy, one that specifically uses charitable contributions to health care as blood donation incentives. I explain how the surge in blood donations following 9/11 was both transient and disaster-specific, failing to foster a greater continuing commitment to donate blood. This underscores the importance of considering blood donation (...) incentives. I defend charitable incentives as an alternative to financial incentives, which I contend would further extend neoliberal market values into health care. I explain my model's potential appeal to private foundations or public–private partnerships as a means for expanding both the pool of blood donors and the prosocial benefit of each act of blood donation. Finally I link my analysis to the empirical literature on blood donation incentives. (shrink)

In this paper, I use interventionist causal models to identify some novel Newcomb problems, and subsequently use these problems to refine existing interventionist treatments of causal decision theory. The new Newcomb problems that make trouble for existing interventionist treatments involve so-called ‘exotic choice’—that is, decision-making contexts where the agent has evidence about the outcome of her choice. I argue that when choice is exotic, the interventionist can adequately capture causal decision-theoretic reasoning by introducing a new interventionist approach to updating on (...) exotic evidence. But I also argue that this new updating procedure is principled only if the interventionist trades in the typical interventionist conception of choice for an alternative Ramseyan conception. I end by arguing that the guide to exotic choice developed here may, despite its name, be useful in some everyday contexts. (shrink)

Brentano is often considered the originator of the fitting-attitudes analysis of value, on which to be valuable is to be that which it’s fitting to value. But there has been comparatively little attention paid to Brentano’s argument for this analysis. That argument advances the stronger claim that fittingness is part of the analysis of normativity. Since the argument rests on an analogy between truth and fittingness, its impact may seem limited by the idiosyncratic features of Brentano’s later notion of truth. (...) I argue, however, that the Brentanian argument is defensible even if fittingness is analogized to a more typical realist account of truth. The result is what I call the worldly Brentanian account of normativity. I defend this account as a form of naturalistic realism. I then show how the account can fare better than prominent alternatives against two kinds of error-theoretic arguments. (shrink)

Meek and Glymour use the graphical approach to causal modeling to argue that one and the same norm of rational choice can be used to deliver both causal-decision-theoretic verdicts and evidential-decision-theoretic verdicts. Specifically, they argue that if an agent maximizes conditional expected utility, then the agent will follow the causal decision theorist’s advice when she represents herself as intervening, and will follow the evidential decision theorist’s advice when she represents herself as not intervening. Since Meek and Glymour take no stand (...) on whether agents should represent themselves as intervening, they provide more general advice than standard causal decision theorists and evidential decision theorists. But I argue here that even Meek and Glymour’s advice is not sufficiently general. This is because their advice is not sensitive to the distinct ways in which agents can fail to intervene, and there are decision-making contexts in which agents can reasonably have non-extreme confidence that they are intervening. I then show that the most natural extension of Meek and Glymour’s framework fails, but offer a generalization of my “Interventionist Decision Theory” that does not suffer from the same problems. (shrink)