The roles of linguistic, cognitive, and social-pragmatic processes in word learning are well established. If statistical mechanisms also contribute to word learning, they must interact with these processes; however, there exists little evidence for such mechanistic synergy. Adults use co-occurrence statistics to encode speech–object pairings with detailed sensitivity in stochastic learning environments (Vouloumanos, 2008). Here, we replicate this statistical work with nonspeech sounds and compare the results with the previous speech studies to examine whether exclusion constraints contribute equally (...) to the statistical learning of speech–object and nonspeech–object associations. In environments in which performance could benefit from exclusion, we find a learning advantage for speech over nonspeech, revealing an interaction between statistical and exclusion processes in associative word learning. (shrink)

Deliberative democratic theorists typically use accounts of public reason— that is, constraints on the types of reasons one can invoke in public, political discourse—as a tool to resist political exclusion; at its most basic level, the aim of a theory of public reason is to prevent situations in which powerful majority groups are able to justify policy choices based on reasons that are not even assessable by minority groups. However, I demonstrate here that a type of exclusion (...) I call "conceptual exclusion" complicates this picture. I argue that the possibility of conceptual exclusion creates the potential for public reason constraints to further exclude already marginalized groups— contrary to the standard view—and thus that taking conceptual exclusion seriously requires both a revision of traditional accounts of public reason and a reconceptualization of our civic obligations. (shrink)

We revisit a typological puzzle due to Horn (Doctoral Dissertation, UCLA, 1972) regarding the lexicalization of logical operators: in instantiations of the traditional square of opposition across categories and languages, the O corner, corresponding to ‘nand’ (= not and), ‘nevery’ (= not every), etc., is never lexicalized. We discuss Horn’s proposal, which involves the interaction of two economy conditions, one that relies on scalar implicatures and one that relies on markedness. We observe that in order to express markedness and to (...) account for a bigger typological puzzle, namely the absence of lexicalizations of ‘XOR’ (= exclusive or), ‘all-or-none’, and many other imaginable logical operators, one must restrict the basic lexicalizable elements to a small set of primitives. We suggest that an ordering based perspective, following Keenan and Faltz (Boolean semantics for natural language, 1985), makes the stipulated primitives that we arrive at more natural. We also propose a modification to Horn’s proposal, based on recent work on implicatures, in which only the implicature condition is operative and in which markedness is part of the definition of the alternatives for scalar implicatures rather than an independent condition. (shrink)

Next SectionThis paper provides a lexical entry schema for exclusives covering the adverbs only, just, exclusively, merely, purely, solely, simply, and the adjectives only, sole, pure, exclusive and alone. We argue, on the basis of inter-paraphrasability relations among these exclusives and entailments involving at least and at most, that all of these items make an at-issue contribution of an upper bound on the viable answers to the current question under discussion (expressible with at most), and signal that a lower bound (...) on those answers (expressible with at least) is taken for granted. The lexical entry schema accommodates two main points of variation, which makes it possible to capture the differences in meaning among these terms: (i) semantic type (restricted to the class of modifiers), and (ii) constraints on the current question under discussion or the strength ranking over its alternative possible answers. We propose 22 different specific instantiations of the schema for exclusives in English. (shrink)

Several philosophers have argued that ‘constraints’ constrain (and thereby explain) by virtue of being modally stronger than ordinary laws of nature. In this way, a constraint applies to all possible systems, for a variety of possibility that is broader (that is, more inclusive) than the variety we employ when we say that the ordinary laws of nature apply to all physically possible systems. Explanations by constraint are thus more broadly unifying than ordinary causal explanations. Philosophical examples of good candidates (...) for constraints have heretofore been drawn almost exclusively from fundamental physics. This paper argues for the existence of such constraints (even multiple levels of them) in at least one human science (linguistics), not just in physics. (shrink)

Judith Jarvis Thomson concludes “A Defense of Abortion” with a discussion of samaritanism. Whereas her rights-based arguments demonstrate the moral permissibility of virtually all abortions, this new consideration of samaritanism provides grounds for morally objecting to certain abortions that are otherwise morally pemissible given strictly rights-based considerations. I argue, first, that this samaritanism constraint on the moral permissibility of abortion involves an appeal to virtue-theoretical considerations. I then show why this hybridization of rights-based considerations and virtue-theoretical considerations has advantages over (...) responses to the moral status of abortion that are either exclusively rights-based, or else exclusively virtue-theoretical. I conclude by offering some thoughts on how to utilize this hybrid strategy outside of Thomson’s particular context, as well as why we might generally favor such a strategy in our moral reasoning. (shrink)

Judith Jarvis Thomson concludes “A Defense of Abortion” with a discussion of samaritanism. Whereas her rights-based arguments demonstrate the moral permissibility of virtually all abortions, this new consideration of samaritanism provides grounds for morally objecting to certain abortions that are otherwise morally pemissible given strictly rights-based considerations. I argue, first, that this samaritanism constraint on the moral permissibility of abortion involves an appeal to virtue-theoretical considerations. I then show why this hybridization of rights-based considerations and virtue-theoretical considerations has advantages over (...) responses to the moral status of abortion that are either exclusively rights-based, or else exclusively virtue-theoretical. I conclude by offering some thoughts on how to utilize this hybrid strategy outside of Thomson’s particular context, as well as why we might generally favor such a strategy in our moral reasoning. (shrink)

This article examines the contribution of a sectoral approach to understanding gender constraints on economic success in the informal sector, using the example of self-employed women in home-based garment production in Ahmedabad, India. The author assesses whether all the constraints laid out in the gender and microenterprise development literature affect women in this sector and, if not, suggests how theory on gender inequality in the microenterprise sector needs to be rethought to address variation by sector. Constraints are (...) disaggregated into women intensive, women exclusive, and sector specific. The results show that the women-exclusive constraints all hold within this sector, that there is variation among the women-intensive constraints in their differential gender effect, and that some sector-specific constraints tend to be more intense for women relative to men. The latter two results suggest that variation by economic activity must be accounted for in understanding the sources and extent of gender inequality in economic outcomes. (shrink)

Any conceptual investigation into a given phenomenon may fail in several ways. It may be, for instance, inconsistent, too inclusive or exclusive, or even materially inappropriate. In a recent reply, Michel Croce raises all of these objections to what I have called a “balanced account of expertise” (2018). First, he claims there is a “compromising tension” between two basic components of my account (cf. sect. 3.1). This would be the charge of inconsistency, as Croce states, “Quast cannot have his cake (...) and eat it too” (Croce 2019, 29). Second, he finds my proposal too exclusive (cf. sect. 3.2), because in his view a number of intuitive experts do not fulfill the proposed characteristics. And, third, Croce claims that two characteristics of my account should be kept apart and define different kinds of expertise rather than expertise as such (cf. sect. 3.3). This would be the charge of material inappropriateness. The aim of this article is to answer these charges. More exactly, I attempt to demonstrate that these objections are flawed because they are based on an inadequate understanding of the framework I proposed. I will concentrate on these main objections. (shrink)

Many philosophers conceive of freedom as non-interference. Such conceptions unify two core commitments. First, they associate freedom with non-constraint. And second, they take seriously a distinction between the interpersonal and the non-personal. As a result, they focus our attention exclusively on constraints attributable to other people’s choices – that is, on interference. I argue that these commitments manifest two distinct concerns: first, for a wide range of options; and second, for other people’s respect. However, construing freedom as non-interference unifies (...) these concerns in a way that does justice to neither. In particular, it focuses our attention on phenomena that are at best tangential, and at worst hostile, to our interest in respect. If we wish to preserve the distinctive significance of the interpersonal, we would be better served by a conception of freedom that focuses immediately on what I call "the social conditions of respect.". (shrink)

Interest in just war theory has boomed in recent years, as a revisionist school of thought has challenged the orthodoxy of international law, most famously defended by Michael Walzer [1977]. These revisionist critics have targeted the two central principles governing the conduct of war (jus in bello): combatant equality and noncombatant immunity. The first states that combatants face the same permissions and constraints whether their cause is just or unjust. The second protects noncombatants from intentional attack. In response to (...) these critics, some philosophers have defended aspects of the old orthodoxy on novel grounds. Revisionists counter. As things stand, the prospects for progress are remote. In this paper, we offer a way forward. We argue that exclusive focus on first-order moral principles, such as combatant equality and noncombatant immunity, has led revisionist and orthodox just war theorists to engage in “proxy battles.” Their first-order moral disagreements are at least partly traceable to second-order disagreements about the nature and purpose of political theory. These deeper disputes have been central to the broader discipline of political theory for several years; we hope that bringing them to bear on the ethics of war will help us move beyond the present impasse. (shrink)

In recent years a growing number of democratic theorists have proposed ways to increase citizen engagement, while channeling those democratic energies in positive directions and away from systematic marginalization, exclusion and intolerance. One novel answer is provided by a strain of democratic theory known as agonistic pluralism, which valorizes adversarial engagement and recognizes the marginalizing tendencies implicit in drives to consensus and stability. However, the divergences between competing variants of agonistic pluralism remain largely underdeveloped or unrecognized. In this article, (...) I address this shortcoming, examining these strains of agonism around the constraints placed upon democratic discourse. I argue that the ‘associative agonism’ of theorists such as Bonnie Honig and William Connolly offers the best means for cultivating virtues necessary to revitalize a contentious democratic politics which also fosters receptivity to pluralism and difference. (shrink)

Stoffregen & Bardy's proposal that perceptual systems can use information defined across two or more sensory domains is valuable and urgent in its own right. However, their claim of exclusive validity for global-array information is superfluous and perpetuated for incorrect reasons. The seeming ambiguities of individual arrays emanate from failures to consider relevant ecological constraints and higher-order variables.

Although most of the contemporary debates around subjectivity are framed by a rejection of the metaphysical subject, more time needs to be spent developing the implications of abandoning the meta-physics of constraint. Doing so provides the key to approaching our pressing problem that concerns freedom, and only once invisible, ideal "constraints" have been adequately understood will all of the contemporary puzzlement that concerns intentional resistance to power be assuaged. While Sartre does not solve the problem of freedom bequeathed to (...) us by Foucault, it is clear that he struggled with similar issues, and that his work sheds important light on the issue of ideal constraint. Once more, on Sartre's second view, power and freedom are not mutually exclusive, and in this he advances over much contemporary liberal thought. Thus, on the approach of what would be Sartre's hundredth birthday, I invite others to take this opportune moment to reevaluate the early work of this once shining philosophical star, only recently and perhaps prematurely eclipsed by anti-humanism, and recognize that now, more than ever, Sartre's thought is relevant to our very pressing concerns. (shrink)

Although most of the contemporary debates around subjectivity are framed by a rejection of the metaphysical subject, more time needs to be spent developing the implications of abandoning the meta-physics of constraint. Doing so provides the key to approaching our pressing problem that concerns freedom, and only once invisible, ideal "constraints" have been adequately understood will all of the contemporary puzzlement that concerns intentional resistance to power be assuaged. While Sartre does not solve the problem of freedom bequeathed to (...) us by Foucault, it is clear that he struggled with similar issues, and that his work sheds important light on the issue of ideal constraint. Once more, on Sartre's second view, power and freedom are not mutually exclusive, and in this he advances over much contemporary liberal thought. Thus, on the approach of what would be Sartre's hundredth birthday, I invite others to take this opportune moment to reevaluate the early work of this once shining philosophical star, only recently and perhaps prematurely eclipsed by anti-humanism, and recognize that now, more than ever, Sartre's thought is relevant to our very pressing concerns. (shrink)

Many leading intellectuals, technologists, commentators, and ordinary people have in recent weeks become embroiled in a fiery debate (yet to hit the pages of scholarly journals) on the alleged need to press pause on the development of generative artificial intelligence (AI). Spurred by an open letter from the Future of Life Institute (FLI) calling for just such a pause, the debate occasioned, at lightning speed, a large number of responses from a variety of sources pursuing a variety of argumentative strategies. (...) Not all of the respondents resist the calls for the pause. For example, the Distributed AI Research Institute (DAIRI) has issued a statement claiming that while the pause is indeed desirable, the FLI’s focus on predicted existential risks to the exclusion of present-day concerns is misguided. The discussion shows no signs of abating. -/- I wish to raise an objection both to the FLI’s open letter, and to the statement by DAIRI (I will refer to both collectively as “letters” or “open letters”). While in the context of the issues brought up by the two Institutes, this objection is, to my knowledge, novel, I pretend to little originality in voicing it. Rather, I offer a simple (yet unappreciated) application of some insights from political philosophy and economics to show that the recommendations contained in both missives are severely underargued. (shrink)

Unlike birds and mammals, reptiles are commonly thought to possess only the most rudimentary means of interacting with their environments, reflexively responding to sensory information to the near exclusion of higher cognitive function. However, reptilian brains, though structurally somewhat different from those of mammals and birds, use many of the same cellular and molecular processes to support complex behaviors in homologous brain regions. Here, the neurological mechanisms supporting reptilian cognition are reviewed, focusing specifically on spatial cognition and the hippocampus. (...) These processes are compared to those seen in mammals and birds within an ecologically and evolutionarily relevant context. By viewing reptilian cognition through an integrative framework, a more robust understanding of reptile cognition is gleaned. Doing so yields a broader view of the evolutionarily conserved molecular and cellular mechanisms that underlie cognitive function and a better understanding of the factors that led to the evolution of complex cognition. (shrink)

In this paper, I present briefly a view about intrinsic value, one connected to the concepts of ethically required attitudes of favor, disfavor, and preference. If lives can have both welfare value and intrinsic value, how are these values related? I defend the view that the welfare value of a life does not track the intrinsic value of that life. Some philosophers, however, deny that anything can have intrinsic value or absolute value. Some argue that to hold that something is (...) both bad for a person and bad simpliciter leads to an objectionable double counting. Others hold views that would, if true, diminish the practical importance of intrinsic value. Some hold that our relations with others should not be guided by what is intrinsically good or bad, but only by what is good or bad for someone. Others hold that the concepts of love, benefit, and harm are tied exclusively to welfare value or well-being. Still others suggest that the moral principles of beneficence and non-maleficence are tied exclusively to welfare and well-being. I argue that these views are mistaken. In this regard, I attempt to defend the practical importance of intrinsic value. (shrink)

The accurate measurement of university students’ motivation to participate in physical activity is a prerequisite to developing better physical fitness programs. However, motivation driven by government policies, i.e., physical education policies, are often excluded from many existing scales. The purpose of this study was to develop and evaluate a psychometric instrument based on self-determination theory that exclusively measures the motivation of Chinese university students to participate in PA. A total of 1,215 university students who regularly participated in PA at five (...) universities in China constituted the final valid sample. Sample 1 was used to determine the underlying factor structure of the initial Chinese University Students’ Physical Activity Motivation Scale through exploratory factor analysis. Sample 2 was used to test the model fit of the EFA-derived factor structure and data through confirmatory factor analysis and to test the internal consistency of each factor and of the whole scale. Sample 3 was used to confirm the model stability and criterion validity. Finally, 177 individuals were randomly selected from Sample 3 to perform test–retest reliability. Preliminary evidence showed that the nine-factor CUSPAMS, consisting of 32 items, yielded good psychometric characteristics. The development of the CUSPAMS provides an opportunity to improve current theories and practices regarding the assessment of PA motivation. The CUSPAMS is recommended for examining factors that influence motives as well as the impact of motives on PA among Chinese university students. (shrink)

This volume presents a collection of refereed papers reflecting the state of the art in the area of over-constrained systems. Besides 11 revised full papers, selected from the 24 submissions to the OCS workshop held in conjunction with the First International Conference on Principles and Practice of Constraint Programming, CP '95, held in Marseilles in September 1995, the book includes three comprehensive background papers of central importance for the workshop papers and the whole field. Also included is an introduction by (...) one of the volume editors together with a bibliography listing 243 entries. All in all this is a very useful reference book relevant for all researchers and practitioners interested in hierarchical, partial, and over-constrained systems. (shrink)

What mechanism implements the mutual exclusivity bias to map novel labels to objects without names? Prominent theoretical accounts of mutual exclusivity (e.g., Markman, 1989, 1990) propose that infants are guided by their knowledge of object names. However, the mutual exclusivity constraint could be implemented via monitoring of object novelty (see Merriman, Marazita, & Jarvis, 1995). We sought to discriminate between these contrasting explanations across two preferential looking experiments with 22-month-olds. In Experiment 1, infants viewed three objects: one name-known, two name-unknown. (...) Of the two name-unknown objects, one was novel, and the other had been previously familiarized. The infants responded to hearing a novel label by increasing attention only to the novel, name-unknown object. In a second experiment in which the name-known object was absent, a novel label increased infants’ attention to a novel object beyond baseline preference for novelty. The experiments provide clear evidence for a novelty-based mechanism. However, differences in the time course of disambiguation across experiments suggest that novelty processing may be influenced by contextual factors. (shrink)

According to a widely accepted constraint on the content of intentions, here called the exclusivity constraint, one cannot intend to perform another agent’s action, even if one might be able to intend that she performs it. For example, while one can intend that one’s guest leaves before midnight, one cannot intend to perform her act of leaving. However, Deborah Tollefsen’s (2005) account of joint activity requires participants to have intentions-in-action (in John Searle’s (1983) sense) that violate this constraint. I argue (...) that the exclusivity constraint should not be accepted as an unconditional constraint on the contents of intentions-in-action: one may intend to perform a basic action that belongs both to oneself and to another agent. Based on the phenomenology of tool use, I first argue that intentions-in-action of one’s basic actions may be technologically extended, meaning that their contents are not restricted to concern the agent’s bodily movements. In analogy with this, I then argue that the phenomenology of some skillful joint activities supports the idea that one’s basic intentions-in-action may be socially extended, in violation of the widely accepted exclusivity constraint. Tollefsen’s account is specifically constructed to account for the joint activities of infants and toddlers who lack the capacity to think of others as planning agents and grasp their plan-like intentions (a capacity required by Michael Bratman’s (1992, 1993, 2009a, b) influential account of joint activity). At the end of the paper, I raise some doubts regarding the extent to which infants and toddlers have socially extended intentions-in-action. (shrink)

Much research is currently being conducted on health care practitioners' experiences of moral distress, especially the experience of nurses. What moral distress is, however, is not always clearly delineated and there is some debate as to how it should be defined. This article aims to help to clarify moral distress. My methodology consists primarily of a conceptual analysis, with especial focus on Andrew Jameton's influential description of moral distress. I will identify and aim to resolve two sources of confusion about (...) moral distress: the compound nature of a narrow definition of distress which stipulates a particular cause, i.e. moral constraint, and the distinction drawn between moral dilemma and moral distress, which implies that the two are mutually exclusive. In light of these concerns, I argue that the definition of moral distress should be revised so that moral constraint should not be a necessary condition of moral distress, and that moral conflict should be included as a potential cause of distress. Ultimately, I claim that moral distress should be understood as a specific psychological response to morally challenging situations such as those of moral constraint or moral conflict, or both. (shrink)

The complexity and heterogeneity of causes influencing ecology’s domain challenge its capacity to generate a general theory without exceptions, raising the question of whether ecology is capable, even in principle, of achieving the sort of theoretical success enjoyed by physics. Weber has argued that competition theory built around the Competitive Exclusion Principle (especially Tilman’s resource-competition model) offers an example of ecology identifying a law-like causal regularity. However, I suggest that as Weber presents it, the CEP is not yet a (...) causal regularity. Instead, I argue that the scientific understanding in Tilman’s theory takes a different form. The theory explains through a structure I call “channeling explanation” which does not depend on deduction from general laws, but rather builds on constraints and trade-offs represented in state-space. Recognizing this structure supports the more general point that ecology and other so-called special sciences can reveal novel theoretical approaches to philosophy of science when approached with openness to their uniqueness. (shrink)

The recognition that human minds/brains are finite systems with limited resources for computation has led some researchers to advance theTractable Cognition thesis: Human cognitive capacities are constrained by computational tractability. This thesis, if true, serves cognitive psychology by constraining the space of computational‐level theories of cognition. To utilize this constraint, a precise and workable definition of “computational tractability” is needed. Following computer science tradition, many cognitive scientists and psychologists define computational tractability as polynomial‐time computability, leading to theP‐Cognition thesis. This article (...) explains how and why the P‐Cognition thesis may be overly restrictive, risking the exclusion of veridical computational‐level theories from scientific investigation. An argument is made to replace the P‐Cognition thesis by theFPT‐Cognition thesisas an alternative formalization of the Tractable Cognition thesis (here, FPT stands for fixed‐parameter tractable). Possible objections to the Tractable Cognition thesis, and its proposed formalization, are discussed, and existing misconceptions are clarified. (shrink)

Hurford’s Constraint (Hurford, Foundations of Language, 11, 409–411, 1974) states that a disjunction is infelicitous if its disjuncts stand in an entailment relation: #John was born in Paris or in France. Gazdar (Pragmatics, Academic Press, NY, 1979) observed that scalar implicatures can obviate the constraint. For instance, sentences of the form (A or B) or (Both Aand B) are felicitous due to the exclusivity implicature of the first disjunct: A or B implicates ‘not (A and B)’. Chierchia, Fox, and Spector (...) (Handbook of semantics, 2008) use the obviation of Hurford’s Constraint in these cases to argue for a theory of local implicature. I present evidence indicating that the constraint needs to be modified in two ways. First, implicatures can obviate Hurford’s Constraint only in earlier disjuncts, not later ones: #(Both A and B) or (A or B). Second, the constraint rules out not only disjuncts that stand in an entailment relation, but also disjuncts that are even mutually consistent: #John is from Russia or Asia. I propose to make sense of these facts by providing an incremental evaluation procedure which checks that each new disjunct to the right is inconsistent with the information to its left, before the disjunct can be strengthened by local implicature. (shrink)

Although early‐life adversity has been associated with negative consequences during adulthood, growing evidence shows that such adversity can also lead to subsequent stress resilience and positive fitness outcomes. Telomere dynamics are relevant in this context because of the link with developmental conditions and longevity. However, few studies have assessed whether the effects of early‐life adversity on developmental telomere dynamics may relate to adult telomere dynamics. We propose that the potential links between early‐life adversity and adult telomere dynamics could be driven (...) by developmental constraints (the Constraint hypothesis), by the nature/severity of developmental adversity (the Resilience hypothesis), or by developmental‐mediated changes in individual life‐history strategies (the Pace of Life hypothesis). We discuss these non‐mutually exclusive hypotheses, explore future research directions, and propose specific studies to test these hypotheses. Our article aims to expand our understanding of the evolutionary role of developmental conditions on adult telomere dynamics, stress resilience and ageing. (shrink)

What does it take to solve the exclusion problem? An ingenious strategy is Stephen Yablo’s idea that causes must be commensurate with their effects. Commensuration is a relation between events. Roughly, events are commensurate with one another when one contains all that is required for the occurrence of the other, and as little as possible that is not required. According to Yablo, one event is a cause of another only if they are commensurate. I raise three reasons to doubt (...) that this account solves the exclusion problem successfully. First, it leaves a mystery about what determines a particular’s causal capacities. Second, because there are two ways of construing coincidence between particulars, a dilemma arises: either the solution to the exclusion problem is threatened, or the account of coincidence loses an attractive feature concerning ontological economy. Third, even if we assume the commensuration constraint, a plausible principle about overdetermination seems to regenerate the exclusion problem. (shrink)

Resource constraints in developing countries compel policy makers to ration the provision of healthcare services. This article examines one such set of Guidelines: A patient dialysing in the state sector in South Africa may not refuse renal transplantation when a kidney becomes available. Refusal of transplantation can lead to exclusion from the state-funded dialysis programme. This Guideline is legally acceptable as related to Constitutional stipulations which allow for rationing healthcare resources in South Africa. Evaluating the ethical merit of (...) the Guideline, and exploring the ethical dilemma it poses, proves a more complex task. We examine the actions of healthcare professionals as constrained by the Guideline. From a best interests framework, we argue that in these circumstances directing patient decision making is not necessarily unethical or unacceptably paternalistic. We then scrutinise the guideline itself through several different ethical ‘lenses’. Here, we argue that bioethics does not provide a definitive answer as to the moral merit of rationing dialysis under these circumstances, however it can be considered just in this context. We conclude by examining a potential pitfall of the Guideline: Unwilling transplant recipients may not comply with immunosuppressive medication, which raises questions for policies based on resource management and rationing. (shrink)

They are correct that punctuated equilibria apply to sexually reproducing organisms and that morphological evolutionary change is regarded as largely (if not exclusively) correlated with speciation events. However, they err in suggesting that we attribute stasis strictly to "developmental constraints," which represent only one of a set of possible mechanisms that we have suggested for the causes of stasis. Others include habitat tracking and the internal structure of species themselves [for example, (2)].

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...) there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)

The literature on indicative conditionals contains two appealing views. The first is the selectional view: on this view, conditionals operate by selecting a single possibility, which is used to evaluate the consequent. The second is the informational view: on this view, conditionals don’t express propositions, but rather impose constraints on information states of speakers. Both views are supported by strong arguments, but they are incompatible on their standard formulations. Hence it appears that we have to choose between mutually exclusive (...) options. But the options are not exclusive. This paper develops a theory of the semantics and assertability of conditionals that is both selectional and informational. The theory vindicates the signature inferences of both selectional and informational theories, including so-called Conditionals Excluded Middle and principles about the interplay between conditionals and ‘might’. It also predicts some interesting and puzzling facts about the assertion of conditionals. (shrink)

Is logic normative for reasoning? In the wake of work by Gilbert Harman and John MacFarlane, this question has been reduced to: are there any adequate bridge principles which link logical facts to normative constraints on reasoning? Hitherto, defenders of the normativity of logic have exclusively focussed on identifying adequate validity bridge principles: principles linking validity facts—facts of the form 'gamma entails phi'—to normative constraints on reasoning. This paper argues for two claims. First, for the time being at (...) least, Harman’s challenge cannot be surmounted by articulating validity bridge principles. Second, Harman’s challenge can be met by articulating invalidity bridge principles: principles linking invalidity facts of the form 'gamma does not entail phi' to normative constraints on reasoning. In doing so, I provide a novel defence of the normativity of logic. (shrink)

It is time to escape the constraints of the Systematics Wars narrative and pursue new questions that are better positioned to establish the relevance of the field in this time period to broader issues in the history of biology and history of science. To date, the underlying assumptions of the Systematics Wars narrative have led historians to prioritize theory over practice and the conflicts of a few leading theorists over the less-polarized interactions of systematists at large. We show how (...) shifting to a practice-oriented view of methodology, centered on the trajectory of mathematization in systematics, demonstrates problems with the common view that one camp straightforwardly “won” over the other. In particular, we critique David Hull’s historical account in Science as a Process by demonstrating exactly the sort of intermediate level of positive sharing between phenetic and cladistic theories that undermines their mutually exclusive individuality as conceptual systems over time. It is misleading, or at least inadequate, to treat them simply as holistically opposed theories that can only interact by competition to the death. Looking to the future, we suggest that the concept of workflow provides an important new perspective on the history of mathematization and computerization in biology after World War II. (shrink)

This paper provides an examination of some problems caused by the concentration of influence in the capital markets of developed countries. In particular, I argue that large asset managers exercise quasi-political power that is not democratically legitimate. In section two, I will examine the economic driver behind the size and power of the big asset managers: the passive investing revolution. I will discuss several respects in which this revolution has fundamentally changed capital markets, most notably by making a large share (...) of investors universal owners. In the third section, I argue for my central analytical conjecture: asset managers exercise quasi-political power. They use their influence to shape the rules of the game in public capital markets in order to implement social and environmental policies that have traditionally been the exclusive purview of states. “Asset manager capitalism” is a recent term coined to refer to the contemporary system of corporate governance that succeeded the Berle and Means corporation with its dispersed ownership; the argument of this section is that asset manager capitalism is also a new political-economic regime. In the fourth section I defend my central normative claim: asset manager capitalism is an untenable and illegitimate political-economic arrangement, for at least two reasons. First, the power of asset managers is not checked by any institutional constraints, and is not rendered legitimate by any democratic process. More fundamental than this procedural critique is an argument that the interests of asset managers could not be aligned with the public interest, given the fact that the distribution of capital is highly unequal. I conclude by discussing several proposals to reform asset manager capitalism. (shrink)

Based on two case studies of the design of electronic communication networks developed in the public and private sector, this article explores the barriers within current design cultures to account for the needs and diversity of users. Whereas the constraints on user-centered design are usually described in macrosociological terms, in which the user–technology relation is merely understood as a process of the inclusion or exclusion of users in design, the authors suggest that it is important to adopt a (...) semiotic approach. Moreover, they argue that we need to take into account the gender identity of designers to understand how design practices in ICT prioritize male users. The article shows how configuring the user as “everybody” and the use of the “I-methodology” are important constraints in the development of technologies that aim to reach users in all their diversity. (shrink)

This article proposes to identify risk factors for moral distress from the literature, validate them through expert analysis and provide the basis for a new tool to assess the risk of moral distress among nurses. Moral distress is related to the psychological, emotional and physiological aspects of nursing. It arises from constraints caused by various circumstances and can lead to significant negative consequences. A scoping review and validation through expert analysis were used. The research question guiding this study was (...) as follows: What is known about risk factors for moral distress in nursing? The research was conducted using multiple sources including electronic databases and lists of references from relevant literature. The final sample consisted of 38 studies. A validation analysis was conducted by experts during December 2014 and June 2015. To exclude a risk factor item, at least 80% of the experts had to agree with the exclusion. In total, 53 risk factors for moral distress were identified, reviewed by the experts and grouped to form a new instrument that may help to identify risk for moral distress and to address its consequences. (shrink)

Previous neural network models of concept learning were mainly implemented with supervised learning schemes. However, studies of human conceptual memory have shown that concepts may be learned without a teacher who provides the category name to associate with exemplars. A modular neural network architecture that realizes concept acquisition through two functionally distinct operations, categorizing and naming, is proposed as an alternative. An unsupervised algorithm realizes the categorizing module by constructing representations of categories compatible with prototype theory. The naming module associates (...) category names to the output of the categorizing module in a supervised mode. In such a modular architecture, the interface between the modules can be conceived of as an “information relay” that encodes, constrains, and propagates important information. Five experiments were conducted to analyze the relationships among internal conceptual codes and simple conceptual and lexical development. The first two experiments show a prototype effect and illustrate some basic characteristics of the system. The third experiment presents a bottom‐up model of the narrowing down of children's early lexical categories that honors mutual exclusivity. The fourth experiment introduces top‐down constraints on conceptual coding. The fifth experiment exhibits how hierarchical relationships between concepts are learned by the architecture, and also demonstrates how a spectrum of conceptual expertise may gradually emerge as a consequence of experiencing more with certain categories than with others. (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)

Cooperation admits of degrees. When factory workers stage a slowdown, they do not cease to cooperate with management in the production of goods altogether, but they are not fully cooperative either. Full cooperation implies that participants in a joint action are committed to rendering appropriate contributions as needed toward their joint end so as to bring it about, consistently with the type of action and the generally agreed upon constraints within which they work, as efficiently as they can, where (...) their contributions are sensitive to information (where available) about how others are contributing in the sense that they adjust as needed their contributions in light of information about how others are contributing to ensure effective pursuit of their joint end, where this includes rendering aid to other participants if needed, insofar as they are able. Full cooperation entails those cooperating are engaged in a joint intentional action. Some prominent studies of joint intentional action focus exclusively on cases of full cooperation (notably that of Michael Bratman (2014)). But not all joint intentional action is fully cooperative. One example is the work slowdown. Another example is provided by competitive games like chess and football, or sports like boxing and wrestling, where participants are clearly not intending to contribute to the pursuit of all of the goals of the others engaged in the activity, even when those goals are internal to the type of activity in question, but instead intend actively to frustrate some of them. In this paper, I provide a taxonomy of forms of non-cooperative behavior within the context of behavior that is still to some degree cooperative, and I argue that the minimal conditions of joint intentional action define minimal cooperative behavior, that is, that minimally joint intentional action is per se minimally cooperative behavior. I define in precise terms what that comes to, and how it is possible in cases in which it seems that one or more participants are in one or more ways acting so as to frustrate the contributions of other participants to their joint action. (shrink)

The diverse essays in this volume speak to the relevance of phenomenological and psychological questioning regarding perceptions of the human. This designation, human, can be used beyond the mere identification of a species to underwrite exclusion, denigration, dehumanization and demonization, and to set up a pervasive opposition in Othering all deemed inhuman, nonhuman, or posthuman. As alerted to by Merleau-Ponty, one crucial key for a deeper understanding of these issues is consideration of the nature and scope of perception. Perception (...) defines the world of the perceiver, and perceptual capacities are constituted in engagement with the world – there is co-determination. Moreover, the distinct phenomenology of perception in the spectatorial mode in contrast to the reciprocal mode, deepens the intersubjective and ethical dimensions of such investigations. -/- Questions motivating the essays include: Can objectification and an inhuman gaze serve positive ends? If so, under what constraints and conditions? How is an inhuman gaze achieved and at what cost? How might the emerging insights of the role of perception into our interdependencies and essential sociality from various domains challenge not only theoretical frameworks, but also the practices and institutions of science, medicine, psychiatry and justice? What can we learn from atypical social cognition, psychopathology and animal cognition? Could distortions within the gazer’s emotional responsiveness and habituated aspects of social interaction play a role in the emergence of an inhuman gaze? -/- Perception and the Inhuman Gaze will interest scholars and advanced students working in phenomenology, philosophy of mind, psychology, psychiatry, sociology and social cognition. -/- Table of Contents -/- Introduction -/- Part I. The Gaze in Classical Phenomenology: Perspectives on Objectification -/- 1. Defending the Objective Gaze as a Self-transcending Capacity of Human Subjects -/- Dermot Moran -/- 2. Two Orders of Bodily Objectification: The Look and the Touch -/- Sara Heinämaa -/- 3. On Eliminativism’s Transient Gaze -/- Timothy Mooney -/- 4. Not wholly human. Reading Maurice Merleau-Ponty with Jacques Lacan. -/- Dorothée Legrand -/- 5. Disclosure and the Gendered Gaze in Simone de Beauvoir's Ethics -/- Christinia Landry -/- Part II. Vision, Perception and Gazes -/- 6. Inside the gaze -/- Shaun Gallagher -/- 7. Perception and its Objects. -/- Maurita Harney -/- 8. Technological Gaze: Understanding How Technologies Transform Perception -/- Richard Lewis -/- 9. The Inhuman Gaze and Perceptual Gestalts: The Making and Unmaking of Others and Worlds -/- Anya Daly -/- Part III. Psychiatry, Psychopathology and Inhuman Gazes -/- 10. Values and Values-based Practice in Psychopathology: Combining Analytic and Phenomenological Approaches -/- G Stanghellini and K.W.M. (Bill) Fulford -/- 11. The Inhuman and Human Gaze in Psychiatry, Psychopathology and Schizophrenia. -/- Matthew Broome -/- 12. Overcoming the Gaze: Psychopathology, Affect, and Narrative. -/- Anna Bortolan -/- 13. From excess to exhaustion : The rise of burnout in a post-modern achievement society. -/- Philippe Wuyts -/- 14. Blackout Rages: The Inhibition of Episodic Memory in Extreme Berserker Episodes -/- John Protevi -/- Part IV. Beyond the Human: Divine, Posthuman and Animal Gazes -/- 15. Wondering at the Inhuman Gaze -/- Sean. D. Kelly -/- 16. What Counts as Human/ Inhuman Right Now? -/- Rosi Braidotti -/- 17. Beyond Human and Animal: Metamorphosis in Merleau-Ponty -/- Dylan Trigg -/- Part V. Sociality and Boundaries of the Human -/- 18. Voice and gaze considered together in ‘languaging’. -/- Fred Cummins -/- 19. Ethics Beyond the Human: Disability and The Inhuman -/- Jonathan Mitchell -/- 20. Social Invisibility and Emotional Blindness -/- James Jardine -/- 21. What are you looking at? Dissonance as a window on the autonomy of participatory sense-making frames. -/- Mark James. (shrink)