The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making,particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism but has also helped relocate arguments about the relationship between posited rules and morality. The contributors to this volume, themselves distinguished theorists, have concentrated on three aspects of Schauer's work: the nature of jurisprudential description; his theory of presumptive positivism; and the (...) application of his theory of rule-based decision-making to other areas of legal and moral thought. Contributors: Larry Alexander, Brian Bix, Philip Bobbitt, Marianne Constable, Michael C. Dorf, Jeremy Elkins, Claire Oakes Finkelstein, Leo Katz, Jason Johnston, Dennis Patterson. (shrink)

Two compelling principles, the Reasonable Range Principle and the Preservation of Irrelevant Evidence Principle, are necessary conditions that any response to peer disagreements ought to abide by. The Reasonable Range Principle maintains that a resolution to a peer disagreement should not fall outside the range of views expressed by the peers in their dispute, whereas the Preservation of Irrelevant Evidence Principle maintains that a resolution strategy should be able to preserve unanimous judgments of evidential irrelevance among the peers. No standard (...) Bayesian resolution strategy satisfies the PIE Principle, however, and we give a loss aversion argument in support of PIE and against Bayes. The theory of imprecise probability allows one to satisfy both principles, and we introduce the notion of a set-based credal judgment to frame and address a range of subtle issues that arise in peer disagreements. (shrink)

This study examines the philosophical foundations of Hegel's social theory by articulating the normative standards at work in his claim that the central social institutions of the modern era are rational or good.

When historians of philosophy turn to the work of distinguished philosopher Frederick L. Will, Pragmatism and Realism will be an important part of the ...

In recent years, artificial intelligence has been deployed by online platforms to prevent the upload of allegedly illegal content or to remove unwarranted expressions. These systems are trained to spot objectionable content and to remove it, block it, or filter it out before it is even uploaded. Artificial intelligence filters offer a robust approach to content moderation which is shaping the public sphere. This dramatic shift in norm setting and law enforcement is potentially game-changing for democracy. Artificial intelligence filters carry (...) censorial power, which could bypass traditional checks and balances secured by law. Their opaque and dynamic nature creates barriers to oversight, and conceals critical value choices and tradeoffs. Currently, we lack adequate tools to hold them accountable. This paper seeks to address this gap by introducing an adversarial procedure— – Contesting Algorithms. It proposes to deliberately introduce friction into the dominant removal systems governed by artificial intelligence. Algorithmic content moderation often seeks to optimize a single goal, such as removing copyright-infringing materials or blocking hate speech, while other values in the public interest, such as fair use or free speech, are often neglected. Contesting algorithms introduce an adversarial design which reflects conflicting values, and thereby may offer a check on dominant removal systems. Facilitating an adversarial intervention may promote democratic principles by keeping society in the loop. An adversarial public artificial intelligence system could enhance dynamic transparency, facilitate an alternative public articulation of social values using machine learning systems, and restore societal power to deliberate and determine social tradeoffs. (shrink)

This is the first book in English to elucidate the central issues in the work of Johann Gottlieb Fichte, a figure crucial to the movement of philosophy from Kant to German idealism. The book explains Fichte's notion of subjectivity and how his particular view developed out of Kant's accounts of theoretical and practical reason. Fichte argued that the subject has a self-positing structure which distinguishes it from a thing or an object. Thus, the subject must be understood as an activity (...) rather than a thing and is self-constituting in a way that an object is not. In the final chapter, Professor Neuhouser considers how this doctrine of the self-positing subject enables us to understand the possibility of the self's autonomy, or self-determination. (shrink)

In this short paper, I show that AGM belief contraction is appropriate for modeling an epistemically modest response to a disagreement with an epistemic peer.

Written by one of the pre-eminent interpreters of Heidegger, this book is an important statement about the basis of human sociability that is a major contribution to the continuing debates about Heidegger in particular, and ethics in general. Existential philosophy is often thought to promote moral nihilism in which everything is permitted. This book demonstrates that, in the case of Martin Heidegger, any such accusation is unjust. On the contrary, Heidegger thought seriously about the implications of human co-existence, and this (...) book shows that conceptions of trust and responsibility that lie at the very heart of morality are to be found in the sketch of Mitsein - our being together with one another in the world - offered in Being and Time. That Heidegger never developed these conceptions may explain why they have been overlooked, but renders them no less important for that. (shrink)

It is often suggested that when opinions differ among individuals in a group, the opinions should be aggregated to form a compromise. This paper compares two approaches to aggregating opinions, linear pooling and what I call opinion agglomeration. In evaluating both strategies, I propose a pragmatic criterion, No Regrets, entailing that an aggregation strategy should prevent groups from buying and selling bets on events at prices regretted by their members. I show that only opinion agglomeration is able to satisfy the (...) demand. I then proceed to give normative and empirical arguments in support of the pragmatic criterion for opinion aggregation, and that ultimately favor opinion agglomeration. (shrink)

The Precautionary Principle is typically construed as a conservative decision rule aimed at preventing harm. But Martin Peterson (JME 33: 5–10, 2007; The ethics of technology: A geometric analysis of five moral principles, Oxford University Press, Oxford, 2017) has argued that the principle is better understood as an epistemic rule, guiding decision-makers in forming beliefs rather than choosing among possible acts. On the epistemic view, he claims there is a principle concerning expert disagreement underlying precautionary-based reasoning called the ecumenical principle: (...) all expert views should be considered in a precautionary appraisal, not just those that are the most prominent or influential. In articulating the doxastic commitments of decision-makers under this constraint, Peterson precludes any probabilistic rule that might result in combining expert opinions. For combined or consensus probabilities are likely to provide decision-makers with information that is more precise than warranted. Contra Peterson, I argue that upon adopting a broader conception of probability, there is a probabilistic rule, under which expert opinions are combined, that is immune to his criticism and better represents the ecumenical principle. (shrink)

Edited by Hans-Christoph Schmidt am Busch & Christopher Zurn. This volume collects original, cutting-edge essays on the philosophy of recognition by international scholars eminent in the field. By considering the topic of recognition as addressed by both classical and contemporary authors, the volume explores the connections between historical and contemporary recognition research and makes substantive contributions to the further development of contemporary theories of recognition.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

The prevalence of social production and the increase in User Generated Content destabilize some of the fundamental premises of our current copyright law. Copyright law is primarily designed to regulate the relationships of a single owner with other non-owners and is focused on the sovereignty of the author/owner. Social production, by contrast, requires us to articulate a matrix of relationships between the individual, the facilitating platform and the communities and crowds involved in social production. The transition from industrial production to (...) social production transforms the social relations associated with the production of content and therefore requires adjustment of the institutions that design such relations. This Article closely examines the social dimension of content production and analyzes the consequences for the governance of content in the social web. The Article proceeds as follows: Part I describes social production and analyzes the implications for the stakeholders involved. I focus on three key features of social production which affect why we create, how we create, and what assets are generated by the process of creation. Part II explains why social production might be incompatible with the current copyright regime. In particular, I argue that copyright law mainly defines rights against strangers and fails to provide a framework for managing the rights and interests within a gigantic group of collaborators. Furthermore, the exclusivity offered by copyright law may undermine social motivation and collaborative production. Finally, in Part III, I outline some of the challenges for legal policy. (shrink)

The so-called predictive coding or predictive processing theory of mind has attracted significant attention in the brain and behavioral sciences over the past couple of decades. We aim to discuss an important ethical implication of the theory’s success. As predictive coding has become influential in the study of mental disorder and illness, particularly on autism spectrum disorder and schizophrenia, we point out a significant risk of further harming an already stigmatized population. Specifically, because predictive coding is undergirded by Bayesian inference, (...) and Bayesian inference is often thought to imply ‘rationality’, the cognitive framework engenders a risk of strengthening existing negative attitudes towards individuals having mental disorders and illnesses by associating such individuals with also having ‘irrational brains.’ ER -. (shrink)

The following thesis is an analysis on the relation between knowledge and reasoning about how to act. It seems fairly intuitive that one is rational to act on what one knows. But unfortunately, the issue is not so simple. In constructing a normative framework for practical reason, one could either require knowledge to be a necessary requirement for practical reason or one might only hold that knowledge is sufficient for reasoning about what to do, though having knowledge is not a (...) necessary requirement. In this thesis, I will defend the latter. (shrink)

This chapter contains sections titled: Further Reading.

This book shows the vital relationship between human life and the philosophical placement of value, emphasizing the now-occurring transition from the old mechanical world view to the postmodern alternative inspired by ecology.

Can a human society suffer from illness like a living thing? And if so, how does such a malaise manifest itself? In this thought-provoking book, Fred Neuhouser explains and defends the idea of social pathology, demonstrating what it means to describe societies as 'ill', or 'sick', and why we are so often drawn to conceiving of social problems as ailments or maladies. He shows how Rousseau, Hegel, Marx, and Durkheim – four key philosophers who are seldom taken to constitute a (...) 'tradition' – deploy the idea of social pathology in comparable ways, and then explores the connections between societal illnesses and the phenomena those thinkers made famous: alienation, anomie, ideology, and social dysfunction. His book is a rich and compelling illumination of both the idea of social disease and the importance it has had, and continues to have, for philosophical views of society. (shrink)

Introduction The central aim of this book is to focus attention upon and illuminate the character of a certain phase of philosophical reflection: namely, ...

He demonstrates that a broad parallelism exists between developments in ethical theory among Continental philosophers of the phenomenological persuasion and the more analytically inclined philosophers of the English-speaking world.