Interpretation of the law is based on assumptions about the nature of texts, language, and the act of interpretation itself. These fourteen new essays trace the origin of these assumptions, examine their philosophical implications, and extend legal interpretation in new and constructive directions.

Certain representations are bound in special ways to our sensory capacities; consider, for instance, pictures, sound recordings, and the various forms of mental sensory imagery. What do these representations have in common, and what makes them different from representations of other kinds? Dominic Gregory employs novel ideas on perceptual states and sensory perspectives to explain the special nature of the contents of distinctively sensory representations. The book contains extensive discussions of e.g. perceptual imagination, pictorial representation, and memories.

Psychophysical scaling models of the form R = f, with R the response and I some intensity of an attribute, all assume that people judge the amounts of an attribute. With simple biases excepted, most also assume that judgments are independent of space, time, and features of the situation other than the one being judged. Many data support these ideas: Magnitude estimations of brightness increase with luminance. Nevertheless, I argue that the general model is wrong. The stabilized retinal image literature (...) shows that nothing is seen if light does not change over time. The classification literature shows that dimensions often combine to produce emergent properties that cannot be described by the elements in the stimulus. These and other effects cannot be adjusted for by simply adding variables to the general model because some factors do not combine linearly. The proposed alternative is that people initially judge the entire stimulus – the object in terms of its environment. This agrees with the constancy literature that shows that objects and their attributes are identified through their relations to other aspects of the scene. That the environment determines judgments is masked in scaling studies where the standard procedure is to hold context constant. In a typical brightness study the essential stimulus might be the intensity of the light or a difference between the light and the background. The two are perfectly confounded. This issue is examined in the case of audition. Judgments of the loudness of a tone depend on how much that tone differs from the previous tone in both pitch and loudness. To judge loudness people first seem to process the stimulus object in terms of differences between it and other aspects in the situation; only then do they assess the feature of interest. Psychophysical judgments will therefore be better interpreted by theories of attention that are based in biology or psychology than those that are based in classical physics. (shrink)

Social media offers a platform for diffused stakeholders to interact with firms—alternatively praising, questioning, and chastising businesses for their CSR performance and seeking to engage in two-way dialogue. In 2014, 163,402 public messages were sent to Fortune 200 firms’ CSR-focused Twitter accounts, each of which was either shared, replied to, “liked,” or ignored by the targeted firm. This paper examines firm reactions to these messages, building a model of firm response to stakeholders that combines the notions of CSR communication and (...) stakeholder salience. Our findings show that firm response to a stakeholder on social media is positively and most significantly associated with what we refer to as the stakeholder’s connective power but negatively associated with the firm’s own connective power. To a lesser extent, firm response is positively associated with the stakeholder’s normative power but negatively associated with the firm’s own normative power. Firm response is also shown to be positively associated with stakeholder urgency in terms of both the originality of a stakeholder message and the expression of positive sentiment. (shrink)

Social media is changing social accountability practices. The release of the Panama Papers on April 3, 2016 by the International Consortium of Investigative Journalists (ICIJ) unleashed a tsunami of over 5 million tweets decrying corrupt politicians and tax-avoiding business elites, calling for policy change from governments, and demanding accountability from corporate and private tax avoiders. The current study uses 297,000+ original English-language geo-codable tweets with the hashtags #PanamaGate, #PanamaPapers, or #PanamaLeaks to examine the trajectory of Twitter-based social accountability conversations and (...) the potential for the emergence of a longer-term social accountability user network. We propose that it is the combination of financial inscriptions and evaluative ethical utterances that incite and sustain social accountability conversations and social accountability networks. Financial inscriptions simultaneously remind audiences of both the information event that fomented the initial public reaction and the monetary magnitude of the event. Value-based ethical messaging, in turn, enunciates an ethical stance that simultaneously evaluates existing practices and emphasizes the need for accountability. It is the combining of these two types of messaging that helps to construct and sustain a normative narrative about social accountability. The results illustrate how the repetition and re-working of these two forms of messaging facilitated the construction of a normative narrative that coalesced into a social accountability network which persisted beyond the initial Panama Paper information event and which was re-activated in 2017 when the ICIJ published the Paradise Papers. (shrink)

Many philosophers think that part of what makes an event lucky concerns how probable that event is. In this paper, I argue that an epistemic probability account of luck successfully resists recent arguments that all theories of luck, including probability theories, are subject to counterexample (Hales 2016). I argue that an event is lucky if and only if it is significant and sufficiently improbable. An event is significant when, given some reflection, the subject would regard the event as significant, and (...) the event’s epistemic probability, determined by the subject’s evidence, is the only kind of probability that directly bears on whether or not the event is lucky. I conclude with some lessons that are applicable to probability theorists of luck generally, including those defending non-epistemic probability theories. (shrink)

W. V. Quine was the most important naturalistic philosopher of the twentieth century and a major impetus for the recent resurgence of the view that empirical science is our best avenue to knowledge. His views, however, have not been well understood. Critics charge that Quine’s naturalized epistemology is circular and that it cannot be normative. Yet, such criticisms stem from a cluster of fundamental traditional assumptions regarding language, theory, and the knowing subject – the very presuppositions that Quine is at (...) pains to reject. Through investigation of Quine’s views regarding language, knowledge, and reality, the author offers a new interpretation of Quine’s naturalism. The naturalism/antinaturalism debate can be advanced only by acknowledging and critiquing the substantial theoretical commitments implicit in the traditional view. Gregory argues that the responses to the circularity and non-normativity objections do just that. His analysis further reveals that Quine’s departure from the tradition penetrates the conception of the knowing subject, and he thus offers a new and engaging defence of Quine’s naturalism. (shrink)

This paper develops a semantic account of morphological number marking, specifically in the presence of numerals. In addition to accounting for number marking on basic nouns like _book_ in English, the account handles variation in patterns of number marking along two dimensions: cross-linguistically, between languages that either necessitate or prohibit singular morphology in the presence of numerals greater than ‘one’; and within one and the same language on the various nominal elements in English. Building off the presuppositional approach to morphological (...) number from Sauerland (Proc SALT 13:258–275, 2003), the proposed semantics accounts for both sorts of variation by assuming flexibility in the selection of the measure relevant to the one-ness presupposition of the morphological singular form. (shrink)

This paper presents a case study of the English noun amount, a word that ostensibly relies on measurement in its semantics, yet stands apart from other quantizing nouns on the basis of its existential interpretation. John ate the amount of apples that Bill ate does not mean John and Bill ate the same apples, but rather that they each ate apples in the same quantity. Amount makes reference to abstract representations of measurement, that is, to degrees. Its existential interpretation evidences (...) the fact that degrees contain information about the objects that instantiate them. Outside the domain of nominal measurement, the noun kind exhibits behavior strikingly similar to that of amount; both yield an existential interpretation. This observation motivates re-conceiving of degrees as nominalized quantity-uniform properties—the same sort of entity as kinds. Thus, the semantic machinery handling kinds also handles degrees: as nominalized properties, degrees are instantiated by objects that hold the corresponding property; when instantiated by real-world objects, degrees deliver the existential interpretation. (shrink)

This book surveys the leading modern theories of property - Lockean, libertarian, utilitarian/law-and-economics, personhood, Kantian and human flourishing - and then applies those theories to concrete contexts in which property issues have been especially controversial. These include redistribution, the right to exclude, regulatory takings, eminent domain and intellectual property. The book highlights the Aristotelian human flourishing theory of property, providing the most comprehensive and accessible introduction to that theory to date. The book's goal is neither to cover every conceivable theory (...) nor to discuss every possible facet of the theories covered. Instead, it aims to make the major property theories comprehensible to beginners, without sacrificing accuracy or sophistication. The book will be of particular interest to students seeking an accessible introduction to contemporary theories of property, but even specialists will benefit from the book's lucid descriptions of contemporary debates. (shrink)

A majority opinion seems to have emerged in scholarly analysis of the assortment of technologies that have been given the label “synthetic biology.” According to this view, society should allow the technology to proceed and even provide it some financial support, while monitor­ing its progress and attempting to ensure that the development leads to good outcomes. The near‐consensus is captured by the U.S. Presidential Commission for the Study of Bioethical Issues in its report New Directions: The Ethics of Synthetic Biology (...) and Emerging Technologies, which arguably marked the end of a preliminary round of analysis about the ethical and policy questions raised by synthetic bi­ology. Like a number of other, earlier documents issued by various groups around the world, the re­port called attention to questions about how the technology will be used; whether it might be mis­used; what sorts of accidents might happen along the way; the economic, environmental, and social impacts of the eventual applications; whether the very idea of “synthetic biology” should be trou­bling; and how the debate over all of these ques­tions will be conducted. Also like most similar documents, however, while it called for careful monitoring and oversight of technology, it did not recommend any significant new constraints on its development and use. The commission's stance was that it would be “imprudent either to declare a moratorium on synthetic biology until all risks can be determined and mitigated, or to simply ‘let science rip,’ regardless of the likely risks.”In this report, we will take stock of the current consensus, comment on some of the major points of disagreement, and identify the next steps for the debate. In part I, we offer a brief overview of the research and applications commonly grouped together under the heading of synthetic biology, partly in order to set the stage for the rest of the discussion and partly because we want to highlight some conceptual problems that attend the very la­bel given this field. In parts II, III, and IV, we take up, respectively, three broad classes of concerns that arise in the context of synthetic biology: con­cerns about the intrinsic or inherent value of do­ing synthetic biology, concerns about the concrete harms and benefits of doing synthetic biology, and concerns about justice. Addressing these concerns requires a method for bringing the public's values to bear on policy‐making concerning emerging biotechnologies; in part V, we discuss the chal­lenges in developing such a method. (shrink)

Depending on how one construes the Greek at Apology at 30b2-4, Socrates says either that money and everything else good for men comes from virtue or that money and everything else becomes good for men because of virtue. I defend the first option (which is agreed to be the more natural construal) against arguments (from Burnet, Taylor and Burnyeat) that it commits Socrates to something he could not have held.

La pregunta sobre la muerte sigue siendo una gran preocupación para el hombre de hoy. La concepción bantú-africana de la muerte y el más allá ofrece una original respuesta a este misterio. Presentar la coincidencia y diferencias de dicha original respuestas con otras respuestas posibles será el objetivo de esta reflexión.

OPINION IS DIVIDED as to whether the "qualitative characters" or "qualia" of conscious sensory experiences such as color perceptions and pain sensations genuinely constitute a major obstacle to the success or tenability of contemporary physicalist theories of mind. Do the enormous complexities of human brain activity--conceived more or less as we now conceive it--alone suffice to account for our conscious sensory experiences, and thereby show how the experiences are nothing over and above the brain activities, or must there be some (...) further kind of thing, if we are to account for the existence of our kind of consciousness? This issue, representing perhaps the most profound division of opinion in contemporary philosophy of mind, cannot possibly reach a genuine resolution in the absence of a satisfactory answer to a question which has suffered astonishing neglect in the extensive debate on this issue: What exactly is the qualitative character of a conscious sensory experience? What exactly is it about color perception, for example, that makes it so distinctive in a "qualitative" respect, allegedly making trouble for contemporary theories of mind? (shrink)

Sheds light on the meaning of human freedom by examining and making clear the relationship between the concepts of anxiety and despair in the writings of Soren Kierkegaard. Drawing on Kierkegaard's The Concept of Anxiety and The Sickness Unto Death, the author provides detailed accounts on Kierkegaard's concepts of anxiety and despair, and discusses much secondary literature on these topics. What follows is an examination of Kierkegaardian feelings and moods, and freedom and individuality. Annotation copyright by Book News, Inc., Portland, (...) OR. (shrink)

In society, power and responsibility are often linked, supporting the idea that with great power comes great responsibility. I assert that this link between power and responsibility is a form of the Act–Omission Distinction, a principle in ethics that there is a morally relevant distinction between doing something and omitting to do something, e.g. a difference between killing someone and letting someone be killed. As such, using trolleys, elected spider-men, and real-life cases such as R v Stone & Dobinson, I (...) contest this casual relationship between power and responsibility and argue the relationship to be correlative as both power and responsibility are often simultaneously caused by consent.Export citation. (shrink)

This chapter makes the claim that pragmatism is a philosophy that affirms and reflects values that are predominant and are cherished by Latin, not North American culture. It breaks the thesis up into five parts. They include an exploration of philosophy and culture, the values and vices of Anglo-Saxon and Latin culture, pragmatism, Anglo vices and Latin traits, pragmatism and the balance of America, and a Latinization of America.

This study examines the impact of Sarbanes–Oxley on the nonprofit sector. Focusing on three key SOX policies applicable to charities—conflict-of-interest policies, records retention policies, and whistleblower policies—this study tests the relationship between the existence and addition of these policies on subsequent ethical and governance lapses as reflected in the issuance of “donor advisories” by the large third-party ratings agency Charity Navigator. The findings suggest that, controlling for other relevant organizational factors, the three SOX-inspired written policies are related to a reduced (...) likelihood of donor advisories in the organizations rated by Charity Navigator. (shrink)

This article examines a questioning strategy in trial crossexamination designed to control an evasive witness, and how that control functions through the interactive contours of verbal and visual conduct to index identity, construct multidimensional forms of participation and project intertextual relations. In the process of nailing down an answer, attorney and witness manipulate linguistic ideologies and project participations of power to calibrate the epistemological criteria for determining the legitimacy of legal realities. I demonstrate how indexical iconicities of trial dialogic form (...) emerge as a contested ritual of truth in the situated details of multimodal discursive practices. (shrink)

This chapter contains sections titled: Acosta, José de (1539–1600) Alberdi, Juan Bautista (1810–84) Bello, Andrés (1781–1865) Bilbao, Francisco (1823–65) Bolkvar, Simón (1783–1830) Casas, Bartolomé de las (1484–1566) Caso, Antonio (1883–1946) Cruz, Sor Juana Inés de la (1651–95) da Costa, Newton Carneiro Affonso (b. 1929) Dussel, Enrique (b. 1934) Frondizi, Risieri (1910–83) Gaos, José (1900–69) González Prada, Manuel (1848–1918) Gracia, Jorge J. E. (b. 1942) Haya de la Torre, Victor Raúl (1895–1979) Hostos, Eugenio Marka de (1839–1903) Ingenieros, José (1877–1925) Korn, Alejandro (...) (1860–1936) Lastarria, José Victorino (1817–88) Lemos, Miguel (1854–1917) Mariátegui, José Carlos (1895–1930) Martk, José (1853–95) Méndez Sierra, Justo (1848–1912) Mora, José Maria Luis (1794–1850) Miró Quesada, Francisco (b. 1918) Rabossi, Eduardo (1930–2005) Ramos, Samuel (1897–1959) Rodó, José Enrique (1872–1917) Romero, Francisco (1891–1962) Sahagún, Fray Bernardino de (1499–1590) Salazar Bondy, Augusto (1925–74) Sarmiento, Domingo Faustino (1811–88) Ofelia Schutte (b. 1945) Sepslveda, Juan Ginés de (ca. 1494–1573) Torretti, Roberto (b. 1930) Vasconcelos, José (1882–1959) Vaz Ferreira, Carlos (1872–1958) Villoro, Luis (b. 1922) Vitoria, Francisco de (ca. 1483–1546) Zea Aguilar, Leopoldo (1912–2004) Acknowledgment Further Reading. (shrink)

Recently David Widerker argued that from the widely accepted ought implies can principle one can deduce the controversial and much discussed principle of alternative possibilities (PAP). Actually, he argues that this result is true only of the part of PAP which deals with moral blame. Because there are acts of supererogation, he maintains that it does not apply to the part which deals with moral praise. What Widerker says about supererogation seems true, and I develop and expand upon this idea (...) in the first half of the paper. Then I argue that Widerker's argument regarding moral blame fails. (shrink)

the saap 2020 conference in mexico is the culmination of an internal and gradual transformation in SAAP that has taken many years. I came to this organization as a graduate student. I was then the only Latino and Leonard Harris the only African American philosopher in SAAP. Thanks to the efforts of many scholars and presidents, SAAP has come to recognize the important philosophical contributions of female, African American, Indigenous, and Latinx philosophers. Let's not take for granted how we got (...) here, celebrate what we have, and keep moving in the direction of an even better pluralism, a commitment at the heart of those American philosophers that we teach and write about.This essay is inspired by this momentous... (shrink)

Foundations of Economic Personalism is a series of three book-length monographs, each closely examining a significant dimension of the Center for Economic Personalism's unique synthesis of Christian personalism and free-economic market theory. In the aftermath of the momentous geo-political and economic changes of the late 1980s, a small group of Christian social ethicists began to converse with free-market economists over the morality of market activity. This interdisciplinary exchange eventually led to the founding of a new academic subdiscipline under the rubric (...) of economic personalism. These scholars attempt to integrate economic theory, history, and methodology with Christian personalism's stress upon human dignity, humane social structures, and social justice. This volume presents the methodological and theoretical foundations for economic personalism through a detailed investigation of human action from two different, yet complementary perspectives: from the personalist perspective of Karol Wojtyla in the Acting Person , and the free-market perspective of Ludwig von Mises in Human Action . By comparing and contrasting the viewpoints of Wojtyla and Mises, the authors develop a comprehensive praxeology capable of analyzing human action from moral and economic perspectives. Beyond Self-Interest illustrates how a unified praxeology could encourage more sustained analysis of the moral dimensions of economic activity while simultaneously softening the utilitarian prejudice of contemporary economic analysis. (shrink)

There are situations in human life where the failure to perform a certain act can be morally blameworthy and at the same time not constitute the failure of moral duty or obligation. While traditional approaches to ethics have not acknowledged the possibility of these acts, recent contributions to the literature have made a strong and convincing case for their existence. Here I explain the nature of these acts, present some examples of these acts as they might arise in one''s business (...) or professional life, and point out the importance of recognizing and performing these acts for those who wish to practice good ethics in their business or professional lives. (shrink)