This paper has a threefold purpose: first, to criticize the customary application of Hohfeld’s theory of rights to Hobbes’s juridical/political theory that reduces all Hobbesian rights to Hohfeldian privileges; second, to defend the appropriateness of a proper application of a Hohfeldian analysis of rights to Hobbes’s theory by responding to criticisms offered by Eleanor Curran; and, lastly, to reveal the value a Hohfeldian analysis offers in clarifying a Hobbesian right that has been generally misunderstood in (...) the literature. I argue that a Hohfeldian analysis helps make sense of the complex juridical relationships between the sovereign, the perpetrator of crime, and the victim of crime involved in Hobbes’s treatment of the sovereign’s right to punish. (shrink)

In her latest writing on the trolley problem, 'Turning the Trolley,' Judith Jarvis Thomson defends the following counter-intuitive position: if confronted with a choice of allowing a trolley to hit and kill five innocent people on the track straight ahead, or turning it onto one innocent person on a side-track, a bystander must allow it to hit the five straight ahead. In contrast, Thomson claims, the driver of the trolley has a duty to turn it from the five onto the (...) one. Thomson’s argument is fundamentally flawed in several important ways. We explain her argument and identify its major flaws. Our aims are: (a) to show that Thomson has not provided reason to think such an act is not permissible, and (b) to use the process of exposing the weaknesses in different parts of her argument to demonstrate the importance of undertaking what we call a Hohfeldian analysis of the 'mechanics' of the rights in play. A Hohfeldian 'mechanics' of rights extends the distinctions that Hohfeld first introduced to take into account the pro tanto normative 'forces' at work on an agent, the balance of which determines who in the end has what kind of right. (shrink)

Hillel Steiner has recently attacked the notion of inalienable rights, basing some of his arguments on the Hohfeldian analysis to show that infinite arrays of legal positions would not be associated with any inalienable rights. This essay addresses the nature of the Hohfeldian infinity: the main argument is that what Steiner claims to be an infinite regress is actually a wholly unproblematic form of infinite recursion. First, the nature of the Hohfeldian recursion is demonstrated. It is (...) shown that infinite recursions of legal positions ensue regardless of whether inalienable rights exist or not. Second, the alleged problems that this might pose for the analysis are discussed. The conclusion is that one should not worry about the recursion as long as one understands correctly the role of the Hohfeldian analysis in normative reasoning. (shrink)

This paper argues that calls for neurorights propose an overcomplicated approach. It does this through analysis of ‘rights’ using the influential framework provided by Wesley Hohfeld, whose analytic jurisprudence is still well regarded in its clarificatory approach to discussions of rights. Having disentangled some unclarities in talk about rights, the paper proposes the idea of ‘novel human rights’ is not appropriate for what is deemed worth protecting in terms of mental integrity and cognitive liberty. That is best thought of (...) in terms of Hohfeld’s account of ‘right’ as privilege. It goes on to argue that as privileges, legal protections are not well suited to these cases. As such, they cannot be ‘novel human rights’. Instead, protections for mental integrity and cognitive liberty are best accounted for in terms of familiar and established rational and discursive norms. Mental integrity is best thought of as evaluable in terms of familiar rational norms, and cognitive freedom is constrained by appraisals of sense-making. Concerns about how neurotechnologies might pose particular challenges to mental integrity and cognitive liberty are best protected through careful use of existing legislation on data protection, not novel rights, as it is via data that risks to integrity and liberty are manifested. (shrink)

Hohfeld’s analysis on the different types of rights and duties is highly influential in analytical legal theory, and it is considered as a fundamental theory in AI&Law and normative multi-agent systems. Yet a century later, the formalization of this theory remains, in various ways, unresolved. In this paper I provide a formal analysis of how the working of a system containing Hohfeldian rights and duties can be delineated. This formalization starts from using the same tools as the (...) classical ones by Kanger and Lindahl used, but instead of focusing on the algebraic features of rights and duties, it aims at providing a comprehensive analysis of what these rights and duties actually are and how they behave and at saying something substantial on Power too—maintaining all along the Hohfeldian intentions that these rights and duties are sui generis and inherently relational. (shrink)

In this work we provide an analysis of some issues arising with geometrical representations of a family of deontic and potestative relations that can be classified as Hohfeldian modalities, traditionally illustrated on two diagrams, the Hohfeldian squares. Our main target is the lack of symmetry to be found in various formal accounts by drawing analogies with the square of opposition for alethic modalities. We argue that one should rather rely on an analogy with the alethic hexagon of (...) opposition and exploit the notions of contingency and absoluteness in order to restore the symmetry of Hohfeldian modalities in accordance to the diagrams presented by Hohfeld. Interestingly, the investigation unveils three potestative squares defined at different levels of granularity (force, outcome and change) and allows us to further elaborate on the connections between deontic and potestative relations. (shrink)

In this work I will evaluate the functions of rights within the moral discourse, and I will point out the benefits and the characteristics of a moral theory that takes rights seriously. In the first chapter I will sketch a definition of rights as a moral category that can be distinguished from categories such as the ones of juridical rights and natural rights. In the second chapter, I will propose a hohfeldian analysis of the normative syntax of rights, (...) and I will focus on the key problem of the relation between rights and duties. The issue I will deal with in the third chapter is the general function of specific rights. On this matter I will draw an hybrid solution between the orthodox proposals of the so-called interest and choice theories, and the more recent approaches provided by the past ten years literature. In the fourth and fifth chapters topics such as the conflict of rights, their violations and infringements will allow me to go deeper in the context and premises of the model of moral theory that I will take into account in the last section of this work. In the sixth chapter I will give an answer to the central questions of this research, and I will also provide a general model of abstract rights, by shading light on their original normative functions. I will use this model to investigate the possibility of justifying a moral theory on its ground, and I will compare this kind of theory with other theories structured upon different categories of normative objects – like duties and goals. (shrink)

It is common in the literature to claim that legitimacy is the right to rule and that, accordingly, Hohfeldian rights analysis can be used to understand the concept. However, we argue that authors in the legitimacy literature have not generally realised the full potential of Hohfeldian analysis. We discuss extant approaches in the literature that conceptually identify legitimacy with one particular Hohfeldian incident, or, more rarely, a determinate set of incidents. Against these views, and building (...) on parallel debates in property theory, we suggest that Hohfeldian analysis pushes one towards the claim that legitimacy possesses no determinate essence. We provide a rationale for this novel view and disarm a series of objections. (shrink)

Recent work in Hobbes scholarship has raised again the subject of Hobbes's notion of liberty. In this paper, I examine Hobbes's use of the notion of liberty, particularly in his theory of rights. I argue that in describing the rights that individuals hold, Hobbes is employing "liberty" to cover more than the famously restrictive definition of the "absence of external impediments" and that this broader understanding of liberty should not be put down to simple inconsistency on Hobbes's part. In the (...) second part of the paper, I look at the Hohfeldian analysis of rights and at the tendency to see the notion of a claim as foundational for rights, which for some, is a legacy of that analysis. I argue that there are disadvantages to this and suggest that the notion of liberty may be a more useful one than that of a claim to ground our understanding of rights. (shrink)

Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first (...) part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself. (shrink)

On the basis of a Hohfeldian analysis of rights, Leif Wenar explains how rights perform six distinct functions. He then argues that his several function theory is preferable to the single function will and interest theories of rights. But in his description of the theories of H. L. A. Hart and Neil MacCormick, he fails to distinguish between essential and non-essential functions. When these are considered, neither is a single function theory. And an ambiguity in Wenar’s descriptions of (...) the functions of rights suggests the distinction between inherent and instrumental functions. This distinction reveals an additional complexity in the theories of Hart, MacCormick, Feinberg and Raz, among others. Therefore, any adequate theory of the functions of rights must recognize the currently ignored distinctions between essential and nonessential functions and between inherent and instrumental functions. (shrink)

The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance, most jurists would agree that foetuses are not natural persons but new-born children are. However, if we apply the so-called interest theory of rights, we will note that foetuses hold various rights, such as rights (...) against certain forms of abortion. If right-holding entails legal personality, then foetuses are already legal persons. On the other hand, if we apply the will theory, which associates right-holding with the power to control others’ duties, then infants do not hold any rights at all – and are consequently not legal persons. This is why the chapter outlines an alternative theory of legal personhood. The main tenets of the theory are: (1) legal personality is not binary but rather a matter of degree, and (2) X’s legal personality involves primarily the endowment of X with incidents of legal personhood, much like ownership can be understood as consisting of separate but interconnected incidents. Rather than being a “solved” theoretical issue, the definition of legal personhood should occupy theorists more in the future. (shrink)

This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that all claims in private law arise from a breach of duty is a source of error and confusion. As a (...) prelude to the discussion, I set out an analysis of a claim or remedial right in private law as a Hohfeldian power correlated with a remedial liability. I also consider whether primary-liability claims can be formulated in terms of the legal relations found in Wesley Hohfeld's scheme, and I make some general comments about Hohfeldian analysis. (shrink)

This article examines the anxiety expressed by von Wright over the status of the deontic permission, P, as an independent normative category, given the interdefinability between P and O at the foundation of deontic logic. Two concerns are noted: the reducibility of P to O, and the inadequacy of P to convey a full permission in a social setting. Drawing on resources from the Hohfeldian analytical framework, the relational and aggregate features of permission are explored, and an aggregate conception (...) of permission, P, is recognized. With the assistance of insights from Demey and Smessaert on duals, Hansson on formalization, and Soames on interdefinability, it is concluded that the interdefinability thesis can be defended without threatening the independent status of P. Additional grounds for reaching this conclusion are provided from a detailed analysis of the relationship between P and P. Some implications of the more expansive notion of permission, P, are considered with regard to the resources of deontic logic and their application. (shrink)

In Legitimacy: The Right to Rule in a Wanton World, I offer both a conceptual analysis of legitimacy, the power-liability view, and a substantive moral theory, the free group agency view. Here, I defend my account against three challenges brought by Kjarsten Mikalsen. First, though I argue that conceptual analysis should not prematurely close open moral questions, it is not my view that conceptual analysis must have no substantive implications. Second, though I acknowledge that free group agency (...) ordinarily supports a moral duty to obey, it is a feature, not a bug, that my conceptual analysis is consistent with moral theories that disagree with my preferred moral theory. Third, I argue that Mikalsen’s proposed explanation of justified civil disobedience, which sees law in such cases as creating a moral claim-right that entails a merely presumptive duty, is less perspicuous than the explanation given by the power-liability view. Along the way, I emphasize that the distinction between felicitous moral power and justified causal power is as important as the distinction between moral liability and moral duty. (shrink)

A basic income is typically defined as an individual’s entitlement to receive a regular payment as a right, independent of other sources of income, employment or willingness to work, or living situation. In this article, we examine what it means for the state to institute a right to basic income. The normative literature on basic income has developed numerous arguments in support of basic income as an inextricable component of a just social order, but there exists little analysis about (...) basic income within a jurisprudential or philosophical rights perspective. In our view, strong reasons of either a principled or a pragmatic nature in support of instituting a basic income scheme nevertheless often fall short of ascribing to basic income a distinctive Hohfeldian rights status. This article aims to partially redress this gap by examining two sets of questions. First, what are the implications – ethical and practical – of adopting basic income as a legal right as opposed to a mere policy? Second, we also enquire whether there should be such a right: what, if anything, is the ethical foundation that warrants granting basic income a distinctive legal rights status? This article suggests that any such foundation must be grounded in comparative evaluation and discusses several comparative strategies available to basic income advocates. The aim of this article is not to offer a definite argument in favor of a legal right to basic income, but to chart several lines of argument that a rights perspective might add to the contemporary discussion. (shrink)

I do not answer my title’s question in this paper. Instead, my aims are first to show that the question is worth asking, secondly to show that its answer will not be trivial, and thirdly to show that it is unclear what the answer is. From these three conclusions it follows that many contemporary Hohfeldian approaches to the conceptual analysis of rights (including those of Sumner, Jones, Kramer, Wenar and myself)1, while potentially capable of extensional accuracy, overlook an (...) essential but unidentified feature of rights: the feature which explains why duties are not rights. The paper challenges theorists to investigate what this feature is. (shrink)

The paper intends to show, that W. N. Hohfeld's theory of fundamental jural relations is relevant to economic theory, and that Hohfeld's system can be reconstructed by the concepts of 'liberty space' and 'ability space', understood as an agent's Spielraum for action. The first half of the paper is devoted to an exposition of Hohfeld's system and to the question of its relation to the economic analysis of property rights. The second half concerns Spielraum theory and the reformulation of (...) Hohfeldian distinctions in terms of liberty spaces and ability spaces. It is argued that the reformulation is useful, inter alia, for describing exchange of property rights by contract. El artículo intenta mostrar: que la teoría de las relaciones jurídicas fundamentales de W. N. Hohfeld es relevante para la teoría económica y que el sistema de Hohfeld puede ser reconstruido mediante los conceptos de "espacio de libertad" y "espacio de capacidad", entendidos como el Spielraum para la acción del agente. La primera mitad del artículo está dedicada a la exposición del sistema de Hohfeld y al problema de su relación con el análisis económico de los derechos reales. La segunda mitad se refiere a la teoría del Spielraum y a la reformulación de las distinciones hohfeldianas en términos de espacio de libertad y espacio de capacidad. Se argumenta que esta reformulación es útil, inter alia, para describir el cambio de los derechos reales mediante contratos. (shrink)

In a recent article, Arthur Applbaum contributes a new view—legitimacy as a moral power—to the debate over the concept of political legitimacy. Applbaum rejects competing views of legitimacy, in particular legitimacy as a claim-right to have the law obeyed, for mistakenly invoking substantive moral argument in the conceptual analysis, and concludes that “at the core of the concept—what legitimacy is” is only a Hohfeldian moral power. In this article, I contend that: (1) Applbaum’s view of legitimacy, when fully (...) unfolded, refers to more than a mere moral power and should therefore be rejected even by his own standards; (2) Applbaum’s rejection of competing views of legitimacy ultimately relies on a claim that he does not successfully defend, namely, the claim that moral duties are of absolute rather than prima facie force. (shrink)

The present article provides a taxonomic analysis of bimodal logics of normative ideality and normative awfulness, two notions whose meaning is here explained in terms of the moral values pursued by a given community. Furthermore, the article addresses the traditional problem of a reduction among deontic concepts: we explore the possibility of defining other relevant normative notions, such as obligation, explicit permission and Hohfeldian relations, in terms of ideality and awfulness. Some proposals in this respect, which have been (...) formulated in the literature over the years, are here improved and discussed with reference to the various logics that we will introduce. (shrink)

This paper provides a reconsideration of Hobbes’s conception of basic rights, specifically its denial of the doctrine that someone’s having a basic right always correlates with another or others having duties or obligations with respect to that right. Various arguments denying this doctrine are considered, including that basic rights are effectively moral exemptions from obligations or are subordinate components of a system of Hohfeldian liberty-rights to which no person-specific duty or obligation correlates. But these maneuvers side-step the full force (...) of Hobbes’s understanding of basic rights as independent of any interpersonal relationship or system of rules, even those to which individuals may have agreed. The mere fact of others having basic rights is irrelevant to the having of one’s own. Part III argues that because Hobbes identifies morality with prudence, he cannot ascribe basic rights to all persons without adopting a version of ethical egoism—impersonal egoism—that cannot accommodate a set of basic rights that are consistently ascribable to all. The paper concludes with an argument showing that Hobbes’s analysis of basic rights fails because it disregards the moral context presupposed by both coherent rights-claims and the nature and degree of correlativity that a system of basic rights presupposes. (shrink)

Predation poses a serious challenge for animal ethics of whatever ilk. For animal rights theory especially, the problem is potentially fatal as animal rights appear to require or permit interfering in nature to prevent predation, an implication that appears to be absurd. Several philosophers have written to deflect this challenge by showing how that implication is not absurd or how the allegedly entailed prescription to intervene does not follow from animal rights theory. A number of philosophers have taken different routes (...) to arrive at the same conclusion that intervention in wildlife predation is not morally permissible or required on the rights view. In this paper, I explore a route hitherto unused to the conclusion that intervention in predation is neither required nor permitted by animal rights theory. I deploy the Hohfeldian analytical framework of rights as well as aspects of the theory of self- or other- defence. This, in my view is the most thorough-going rights perspective on the predation problem. I expose some ad hoc, incoherent, utilitarian, and even speciesist arguments among animal rights solutions to the predation problem. The approach I have used avoids these flaws. Taking animal rights seriously means guarding against any tacit speciesism. I think using Hohfeld’s framework goes some way in keeping rights analysis free of implicit bias that might pollute our arguments in favour of human beings. (shrink)

Any formalization of legal texts requires not only a syntactical and semantical analysis, but also a pragmatical approach. There are some difficulties in the formalization of legal pragmatics. Legal theory acknowledges that legal languages are contaminated with value expressions and their ideological linguistic context. The theoretical categories introduced by legal scientist according to traditional, but also culturally variable criteria, are necessary for the construction of legal text (in their prescriptive version), but nearly always they are implicitly used and not (...) explicitly mentioned. Kelsenian and Hohfeldian categories are exempIes of not equivalent classificatory criteria. The problem, for any attempted automated analysis of legal languages, is also how to introduce in the logical and algorithmic schemes used in computation, symbolic eIements taking into account those not explicit categorial-forms. (shrink)

Hohfeldian normative system are normative systems that can be described by means of the analytical framework expounded by Hohfeld in his two famous papers on the fundamental legal conceptions. In this article I analyze some features of this particular kind of normative systems. Hohfeld’s original idea was to design a universal tool capable of describing, at the most basic level, the web of normative relationships between persons created by a system of rules. My claim is, instead, that if we (...) take Hohfeld’s framework literally as it is, Hohfeldian normative systems are few. This happens because, amongst other peculiarities, standard Hohfeldian normative systems are necessarily complete and unclosed. In the final part of the article I will show how we can have instead incomplete and closed Hohfeldian normative systems, extending in this way the descriptive range of Hohfeld’s framework. (shrink)

Wesley Newcomb Hohfeld's account of legal rights is now 100 years old. It has been much discussed, and remains very influential with philosophers and lawyers alike. Yet it is still sometimes misunderstood in crucial respects. This article offers a rigorous exposition of Hohfeld's framework; discusses its claims to comprehensiveness and fundamentality, reviewing recent work on the topic; and highlights the argumentative uses of Hohfeld's most important distinction.

This anthology is a thorough introduction to classic literature for those who have not yet experienced these literary masterworks. For those who have known and loved these works in the past, this is an invitation to reunite with old friends in a fresh new format. From Shakespeare's finesse to Oscar Wilde's wit, this unique collection brings together works as diverse and influential as The Pilgrim's Progress and Othello. As an anthology that invites readers to immerse themselves in the masterpieces of (...) the literary giants, it is must-have addition to any library. (shrink)

Many philosophical naturalists eschew analysis in favor of discovering metaphysical truths from the a posteriori, contending that analysis does not lead to philosophical insight. A countercurrent to this approach seeks to reconcile a certain account of conceptual analysis with philosophical naturalism; prominent and influential proponents of this methodology include the late David Lewis, Frank Jackson, Michael Smith, Philip Pettit, and David Armstrong. Naturalistic analysis is a tool for locating in the scientifically given world objects and properties (...) we quantify over in everyday discourse. This collection gathers work from a range of prominent philosophers who are working within this tradition, offering important new work as well as critical evaluations of the methodology. Its centerpiece is an important posthumous paper by David Lewis, "Ramseyan Humility," published here for the first time. The contributors first address issues of philosophy of mind, semantics, and the new methodology's a priori character, then turn to matters of metaphysics, and finally consider problems regarding normativity. Conceptual Analysis and Philosophical Naturalism is one of the first efforts to apply this approach to such a wide range of philosophical issues. _Contributors: _David Braddon-Mitchell, Mark Colyvan, Frank Jackson, Justine Kingsbury, Fred Kroon, David Lewis, Dustin Locke, Kelby Mason, Jonathan McKeown-Green, Peter Menzies, Robert Nola, Daniel Nolan, Philip Pettit, Huw Price, Denis Robinson, Steve Stich, Daniel Stoljar The hardcover edition does not include a dust jacket. (shrink)

Taking into account one of the meanings of the expression binding precedent and stipulating a definition for that meaning, this article aims to contribute to the concept's structural characterization. By this I mean the effort to identify the legal norms on which the existence and functioning of binding precedents depend and to show that these norms constitute a group of Hohfeldian legal relations between the courts whose precedents must be followed, the courts that must follow them, and the individuals (...) whose legal situations are as a result modified by the observance and the breach of those precedents. (shrink)

Is conceptual analysis required for reductive explanation? If there is no a priori entailment from microphysical truths to phenomenal truths, does reductive explanation of the phenomenal fail? We say yes . Ned Block and Robert Stalnaker say no.

Enterprise Risk Management and security have become a fundamental part of Enterprise Architecture, so several frameworks and modeling languages have been designed to support the activities associated with these areas. Archi- Mate’s Risk and Security Overlay is one of such proposals, endorsed by The Open Group. We investigate the capabilities of the proposed security-related con- structs in ArchiMate with regard to the necessities of enterprise security modeling. Our analysis relies on a well-founded reference ontology of security to uncover ambiguity, (...) missing modeling elements, and other deficiencies of the security mod- eling capabilities in ArchiMate. Based on this ontologically-founded analysis, we propose a redesign of security aspects of ArchiMate to overcome its original limitations. (shrink)

The experimental philosophy movement advocates the use of empirical methods in philosophy. The methods most often discussed and in fact employed in experimental philosophy are appropriated from the experimental paradigm in psychology. But there is a variety of other (at least partly) empirical methods from various disciplines that are and others that could be used in philosophy. The paper explores the application of corpus analysis to philosophical issues. Although the method is well established in linguistics, there are only a (...) few tentative attempts of philosophers to utilise it. Examples are introduced and the merit of corpus analysis is compared to that of using general internet search engines and questionnaires for similar purposes. (shrink)

Semantic Analysis is a lively and clearly written introduction to the study of meaning in language and to the language-culture connection. Goddard covers traditional and contemporary issues and approaches with the relationship between semantics, conceptualization, and culture as a key theme. He also details a number of case studies that draw on a wide range of material from non-Indo-European languages, particularly Australian Aboriginal languages and Malay, on which the author is an authority.

This paper examines the role and power of the state in modernity and its transformation throughout it and into the present. First, it recognizes the centrality of the role of information control for the modern state constitution, which allows sovereign power to extend to the national level. Secondly, it discusses the shift of state power from a purely informational power to an informational and bargaining power, as well as the gradual transformation of sovereignty into governmentality. Finally, it analyzes the transformations (...) that have led to a critical loss of both powers by the state and have enabled their acquisition by tech corporations. It examines the implications of this shift in power and the consequent disempowerment of the state, defining the mode of operation of the power embodied by tech corporations as a regime of performativity, rephrasing the Foucauldian regime of truth, which presided over the ways in which governmental power was performed. Such a regime bases its power not on the ability to order discourse and knowledge, but on the ability to automate it, and to predict and manipulate human behaviors. In this way, it has disintermediated not only the state in its role as the primary informational agent, but also, to some extent, the ability of individuals to assert rights through their actions. (shrink)

We have now seen that, in what we call the mental world, Consciousness,- there are three grand classes of phenomena, the most familiar of all the facts with ...

This paper offers a new way to make sense of disagreement expansion from a polylogical perspective by incorporating various places in addition to players and positions into the analysis. The concepts build on prior implicit ideas about disagreement space by suggesting how to more fully account for argumentative context, and its construction, in large-scale complex controversies. As a basis for our polylogical analysis, we use a New York Times news story reporting on an oil train explosion—a significant point (...) in the broader controversy over producing oil and gas via hydraulic fracturing. (shrink)

This essay concerns the question of how we make genuine epistemic progress through conceptual analysis. Our way into this issue will be through consideration of the paradox of analysis. The paradox challenges us to explain how a given statement can make a substantive contribution to our knowledge, even while it purports merely to make explicit what one’s grasp of the concept under scrutiny consists in. The paradox is often treated primarily as a semantic puzzle. However, in “Sect. 1” (...) I argue that the paradox raises a more fundamental epistemic problem, and in “Sects.1 and 2” I argue that semantic proposals—even ones designed to capture the Fregean link between meaning and epistemic significance—fail to resolve that problem. Seeing our way towards a real solution to the paradox requires more than semantics; we also need to understand how the process of analysis can yield justification for accepting a candidate conceptual analysis. I present an account of this process, and explain how it resolves the paradox, in “Sect. 3”. I conclude in “Sect. 4” by considering the implications for the present account concerning the goal of conceptual analysis, and by arguing that the apparent scarcity of short and finite illuminating analyses in philosophically interesting cases provides no grounds for pessimism concerning the possibility of philosophical progress through conceptual analysis. (shrink)

Piccinini and Craver (Synthese 183:283–311, 2011) argue for the surprising view that psychological explanation, properly understood, is a species of mechanistic explanation. This contrasts with the ‘received view’ (due, primarily, to Cummins and Fodor) which maintains a sharp distinction between psychological explanation and mechanistic explanation. The former is typically construed as functional analysis, the analysis of some psychological capacity into an organized series of subcapacities without specifying any of the structural features that underlie the explanandum capacity. The latter (...) idea, of course, sees explanation as a matter of describing structures that maintain (or produce) the explanandum capacity. In this paper, I defend the received view by criticizing Piccinini and Craver’s argument for the claim that psychological explanation is not distinct from mechanistic explanation, and by showing how psychological explanations can possess explanatory force even when nothing is known about the underlying neurological details. I conclude with a few brief criticisms about the enterprise of mechanistic explanation in general. (shrink)

The explanatory gap . Consciousness is a mystery. No one has ever given an account, even a highly speculative, hypothetical, and incomplete account of how a physical thing could have phenomenal states. Suppose that consciousness is identical to a property of the brain, say activity in the pyramidal cells of layer 5 of the cortex involving reverberatory circuits from cortical layer 6 to the thalamus and back to layers 4 and 6,as Crick and Koch have suggested for visual consciousness. .) (...) Still, that identity itself calls out for explanation! Proponents of an explanatory gap disagree about whether the gap is permanent. Some say that we are like the scientifically naive person who is told that matter = energy, but does not have the concepts required to make sense of the idea. If we can acquire these concepts, the gap is closable. Others say the gap is uncloseable because of our cognitive limitations. Still others say that the gap is a consequence of the fundamental nature of consciousness. (shrink)

Analysis has always been at the heart of philosophical method, but it has been understood and practised in many different ways. Perhaps, in its broadest sense, it might be defined as a process of isolating or working back to what is more fundamental by means of which something, initially taken as given, can be explained or reconstructed. The explanation or reconstruction is often then exhibited in a corresponding process of synthesis. This allows great variation in specific method, however. The (...) aim may be to get back to basics, but there may be all sorts of ways of doing this, each of which might be called ‘analysis’. The dominance of ‘analytic’ philosophy in the Englishspeaking world, and increasingly now in the rest of the world, might suggest that a consensus has formed concerning the role and importance of analysis. This assumes, though, that there is agreement on what ‘analysis’ means, and this is far from clear. On the other hand, Wittgenstein's later critique of analysis in the early (logical atomist) period of analytic philosophy, and Quine's attack on the analytic-synthetic distinction, for example, have led some to claim that we are now in a ‘post-analytic’ age. Such criticisms, however, are only directed at particular conceptions of analysis. If we look at the history of philosophy, and even if we just look at the history of analytic philosophy, we find a rich and extensive repertoire of conceptions of analysis which philosophers have continually drawn upon and reconfigured in different ways. Analytic philosophy is alive and well precisely because of the range of conceptions of analysis that it involves. It may have fragmented into various interlocking subtraditions, but those subtraditions are held together by both their shared history and their methodological interconnections. It is the aim of this article to indicate something of.. (shrink)

This paper does two things. First, it argues for a metaphilosophical view of conceptual analysis questions; in particular, it argues that the facts that settle conceptual-analysis questions are facts about the linguistic intentions of ordinary folk. The second thing this paper does is argue that if this metaphilosophical view is correct, then experimental philosophy is a legitimate methodology to use in trying to answer conceptual-analysis questions.

This title presents a comprehensive guide to interpretative phenomenological analysis (IPA) which is an increasingly popular approach to qualitative inquiry taught to undergraduate and postgraduate students today.