Over the last decade, many of the legal disputes that have arisen in the context of national security have concerned information - the withholding of it, the suppression of it, the collection of it, or the safeguarding of it. Frequently, these disputes have involved an argument known as the "mosaic" theory. The theory is straightforward: Seemingly insignificant information may become significant when combined with other information. Insofar as it states a fact about the world, the mosaic theory is uncontroversial. Usually, (...) though, the mosaic theory is offered not as description but as argument. For example, it is offered as a justification for the government's withholding of information that would otherwise be released to the public, or for the government's silencing of citizens who would otherwise have a right to speak, or for the government's collection of information that citizens would otherwise keep confidential. When the mosaic theory is used in support of normative claims, the theory is controversial. I do not propose to resolve this controversy here, but by examining three distinct contexts in which the government has invoked the theory, we can gain insight into the theory's merits. (shrink)

Ethics and the Good Doctor brings together existing literature and an analysis of empirical research conducted by the Jubilee Centre for Character and Virtues to examine the ethical nature of medical practice and explore medicine as a virtuous profession. The book is based on the idea that medical practice is an inherently moral profession, in which notions of trust, care and meaningful relationships form the foundations of being a good doctor. By taking into account the ethical dimensions of medical practice (...) that have come under greater scrutiny and pressure over recent years, this book explores how personal and professional character is understood, enacted, and experienced by medical practitioners at various stages of their career. Ethics and the Good Doctor situates and presents the empirical data in a way that is accessible to practicing doctors, medical students, and medical educators. Clear implications for policy, practice, and research are offered, ensuring this book will be of great interest to a range of stakeholders involved in medical practice, including those working in medical policy. (shrink)

In formal semantics, structure is treated as the essential ingredient in the creation of sentence meaning from individual word meaning. This book introduces some of the foundational concepts, principles and techniques in the formal semantics of natural language and outlines the mathematical principles that underlie linguistics meaning. Using English examples, Yoad Winter presents the most useful tools and concepts of formal semantics in an accessible style and includes a variety of practical exercises so that readers can learn to utilize (...) these tools effectively. For readers with an elementary background in set theory and linguistics or with an interest in mathematical modelling, this fascinating study is an ideal introduction to natural language semantics. Designed as a quick yet thorough introduction to one of the most vibrant areas of research in modern linguistics today this volume reveals the beauty and elegance of the mathematical study of meaning. (shrink)

Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion (...) that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest. (shrink)

Niccolò Machiavelli is the most prominent and notorious theorist of violence in the history of European political thought - prominent, because he is the first to candidly discuss the role of violence in politics; and notorious, because he treats violence as virtue rather than as vice. In this original interpretation, Yves Winter reconstructs Machiavelli's theory of violence and shows how it challenges moral and metaphysical ideas. Winter attributes two central theses to Machiavelli: first, violence is not a generic (...) technology of government but a strategy that tends to correlate with inequality and class conflict; and second, violence is best understood not in terms of conventional notions of law enforcement, coercion, or the proverbial 'last resort', but as performance. Most political violence is effective not because it physically compels another agent who is thus coerced; rather, it produces political effects by appealing to an audience. As such, this book shows how in Machiavelli's world, violence is designed to be perceived, experienced, remembered, and narrated. (shrink)

Some spoken words are iconic, exhibiting a resemblance between form and meaning. We used native speaker ratings to assess the iconicity of 3001 English words, analyzing their iconicity in relation to part-of-speech differences and differences between the sensory domain they relate to. First, we replicated previous findings showing that onomatopoeia and interjections were highest in iconicity, followed by verbs and adjectives, and then nouns and grammatical words. We further show that words with meanings related to the senses are more iconic (...) than words with abstract meanings. Moreover, iconicity is not distributed equally across sensory modalities: Auditory and tactile words tend to be more iconic than words denoting concepts related to taste, smell and sight. Last, we examined the relationship between iconicity and systematicity. We find that iconicity in English words is more strongly related to sensory meanings than systematicity. Altogether, our results shed light on the extent and distribution of iconicity in modern English. (shrink)

Recent literature concerning laws of nature highlight the close relationship between general metaphysics and philosophy of science. In particular, a person's theoretical commitments in either have direct implications for her stance on laws. In this dissertation, I argue that an ontic structural realist should be a realist about laws, but only within a non-Whiteheadean process framework. Without the adoption of a process framework, any account of laws the ontic structural realist offers will require metaphysical commitments that are at odds with (...) ontic structural realism. In arguing towards this aim, I adopt an attenuated methodological naturalistic stance to show that traditional substance metaphysics, of the sort neo-Aristotelians endorse, is problematic and that we have naturalistic reasons for further developing process metaphysics. I then apply this framework to develop a processual account of mereological structures and show how we can understand structures as being stable processes. In the final section, I argue that these are the kind of structures with which the ontic structural realist concerns herself. By adopting a realist account of laws the ontic structural realist can explain how these structures enter into modal and causal relations. (shrink)

In this article I begin by discussing the persistent problem of relations between educational inequality and the attainment gap in schools. Because benefits accruing from an education are substantial, the ‘gap’ leads to large disparities in the quality of life many young people can expect to experience in the future. Curriculum knowledge has been a focus for debate in England in relation to educational equality for over 40 years. Given the contestation surrounding views about curriculum knowledge and equality I consider (...) the thinking of two philosophers, Jacques Derrida and Emmanuel Levinas, and their work on justice, to trouble the curriculum framework and discourse of knowledge promoted through the policy text of The Importance of Teaching: The Schools White Paper (2010) and later associated policy reforms to the General Certificate of Secondary Education (GCSE) curriculum in England. The Schools White Paper aims to make the curriculum more challenging to students by introducing tight controls in terms of the assessment framework and curriculum knowledge. I argue that, when considered through Derrida's perspective on language and meaning and Levinas' view on the ethical responsibility for the other, the reforms present obstacles to the search for a just curriculum. I look to the work of Sharon Todd and Paul Standish for a re-imagination of curriculum as or through relations in the light of Derrida's and Levinas' philosophies. (shrink)

This paper considers challenges resulting from the use of advanced artificial judicial intelligence (AAJI). We argue that these challenges should be considered through the lens of value alignment. Instead of discussing why specific goals and values, such as fairness and nondiscrimination, ought to be implemented, we consider the question of how AAJI can be aligned with goals and values more generally, in order to be reliably integrated into legal and judicial systems. This value alignment framing draws on AI safety and (...) alignment literature to introduce two otherwise neglected considerations for AAJI safety: specification and assurance. We outline diverse research directions and suggest the adoption of assurance and specification mechanisms as the use of AI in the judiciary progresses. While we focus on specification and assurance to illustrate the value of the AI safety and alignment literature, we encourage researchers in law and philosophy to consider what other lessons may be drawn. (shrink)

Les falsifications idéologiques qui voient dans la puissance le seul déchaînement de la nature, des pulsions et des forces de domination, mobilisent la volonté et les instincts les plus agressifs pour les mettre au service de leur idéal de maîtrise. Vouloir la domination, telle est bien l'interprétation de la puissance que se font les impuissants. Cette interprétation a pour elle la force de l'évidence car c'est toujours la maîtrise, comme fonctionnement institué de la puissance, que nous percevons d'un œil grossier. (...) Les lectures réactives de Nietzsche se trouvent ainsi piégées lorsqu'elles mettent en avant certaines " valeurs nietzschéennes ". Elles ne font que révéler l'idéal de maîtrise qui anime leurs interprétations de la volonté de puissance. Elles oublient de se voir fonctionner en Nietzsche. Inutile pour cette raison de chercher la Grande Politique de Nietzsche dans un programme ou une institution. L'institution des valeurs se fait toujours au détriment de la puissance active d'évaluation individuelle. Alors que les lectures réactives de Nietzsche réduisent l'expression de cette puissance d'évaluation à un non-lieu, les lectures actives de Nietzsche en font une force de libération. De cette force, recouverte ou occultée par les plus grands interprètes de Nietzsche, dépend l'actualité critique d'une pensée pour tous, une pensée dont personne ne peut se prévaloir d'en être le seul maître. (shrink)

The priority of secured credit has repeatedly and famously been attacked for allowing the exploitation of certain types of unsecured creditor. It has also been blamed for creating inefficiencies. This paper examines these arguments specifically as applied to this jurisdiction, and using both theoretical analysis and recent empirical data, suggests none of them can be sustained. It is argued that security is unlikely to lead to the exploitation of involuntary, ‘uninformed’, or ‘unsophisticated’ creditors, since the perverse incentives it allegedly creates (...) for the debtor's management are likely to be outweighed by the managers' liquidation‐related costs. It is then pointed out that both exploitation‐based and inefficiency‐based attacks on the priority of secured credit depend on the assumption that secured credit is generally cheaper than unsecured credit, and further, that this is why debtors prefer to borrow on a secured rather than unsecured basis. Recent evidence from this jurisdiction is used to challenge this assumption. This has dramatic implications for the attacks on security, which are discussed. The paper concludes with the demonstration that secured credit, by inducing creditors to lend when they would not do so without being offered priority, is mutually value‐enhancing for all types of creditor, including unsecured ones. (shrink)

In this paper, I will argue that ageing can be construed as disease. First, the concept of disease is discussed, where the distinction is made between two lines of thought, an objectivist and a subjectivist one. After determining the disease conception to be used throughout the argument, it is proposed that senescence could be seen as disease. Three common counterarguments are discussed, none of which appears strong enough to effectively counter the advocated view. In the third section, two potential implications (...) of the view advocated here will be briefly touched upon. These are the quest for a cure or treatment for ageing and the general attitude towards the elderly. It is concluded that, utilizing an objective disease concept, ageing could be seen as a disease. None of the considered counterarguments packs enough of a punch to discard this. The implications are complex and intertwined, but need not be negative. (shrink)

Sentences with multiple occurrences of plural definites give rise to certain effects suggesting that distributivity should be modeled by polyadic operations. Yet in this paper it is argued that the simpler treatment of distributivity using unary universal quantification should be retained. Seemingly polyadic effects are claimed to be restricted to definite NPs. This fact is accounted for by the special anaphoric (dependent) use of definites. Further evidence concerning various plurals, island constraints, and cumulative quantification is shown to support this claim. (...) In addition, it is shown that the evidence against a simple atomic version of unary distributivity is not decisive either. In the (uncommon) cases where distributivity with definites is not strictly atomic, they can be analyzed as dependent on implicit quantifiers. (shrink)

In thinking about ontology as the study of being or what fundamentally exists, we can adopt an ontology that either takes substances or processes as primary. There are, however, both commonsense and naturalistic reasons for not fully adopting a substance ontology, which indicate that we ought to suspend judgment with respect to the acceptance of a substance ontology. Doing so allows room to further explore other ontologies. In this book, Andrew M. Winters argues that there are both commonsense and naturalistic (...) reasons for further pursuing a process ontology. Adopting a process ontology allows us to overcome many of the difficulties facing a substance ontology while also accommodating many of the phenomenon that substance ontologies were appealed to for explanation. Given these reasons, we have both commonsense and naturalistic reasons for pursuing and developing a metaphysics without substance. (shrink)

A long-standing tenet of virtue theory is that moral virtue and knowledge are connected in some important way. Julia Driver attacks the traditional assumption that virtue requires knowledge. I argue that the examples of virtues of ignorance Driver offers are not compelling and that the idea that knowledge is required for virtue has been taken to be foundational for virtue theory for good reason. I propose that we understand modesty as involving three conditions: 1) having genuine accomplishments, 2) being aware (...) of the value of these accomplishments, and 3) having a disposition to refrain from putting forward one's accomplishments. When we understand modesty this way, we can properly identify genuine cases of modesty and see how modesty requires knowledge. Something similar can be said about other alleged virtues of ignorance. With the proposal in place, we have no serious reason to think that moral virtue requires ignorance. Additionally, we have good reasons for thinking that acting virtuously requires having good intentions and that a necessary condition of having a virtue is having knowledge. Although some might take these results to be trivial or obviously true, I think the Julia Driver's challenge should not be dismissed out of hand. Even though there are some reasons for thinking that some situations suggest that knowledge and virtue can be separated from one another, close analysis reveals this impression is only surface deep. (shrink)

The Strongest Meaning Hypothesis of Dalrymple et al (1994,1998), which was originally proposed as a principle for the interpretation of reciprocals, is extended in this paper into a general principle of plural predication. This principle applies to complex predicates that are composed of lexical predicates that hold of atomic entities, and determines the pluralities in the extension of the predicate. The meaning of such a complex predicate is claimed to be the truth-conditionally strongest meaning that does not contradict lexical properties (...) of the simple predicates it contains. Weak interpretations of reciprocals (as in the books are stacked on top of each other), plural predicate conjunction (e.g. the books are old and new) and ’atomic’ distributivity in general are derived by a unified mechanism, which ’weakens’ the basic universal meanings of strong reciprocals, boolean conjunction and quantification over atomic entities. (shrink)

The distinction between abstract and concrete concepts is fundamental to cognitive linguistics and cognitive science. This distinction is commonly operationalized through concreteness ratings based on the aggregated judgments of many people. What is often overlooked in experimental studies using this operationalization is that ratings are attributed to words, not to concepts directly. In this paper we explore the relationship between the linguistic properties of English words and conceptual abstractness/concreteness. Based on hypotheses stated in the existing linguistic literature we select a (...) set of variables and verify whether they are statistically associated with concreteness ratings. We show that English nouns are rated as more concrete compared to other parts of speech, but mass nouns are rated as less concrete than count nouns. Furthermore, a more complex morphological structure is associated with abstractness, and as for etymology, French- and Latin-derived words are more abstract than words of other origin. This shows that linguistic properties of words are indeed associated with the degree of concreteness that we attribute to the underlying concepts, and we discuss the implications that these findings have for linguistic theory and for empirical investigations in the cognitive sciences. (shrink)

Jason Springs’s Healthy Conflict in Contemporary American Society is a masterful attempt to practice productive conflict and democratic dialogue in the face of static antagonisms and deep‐seated divisions. In my response, I underscore Springs’s insistence on mediating between the moral imagination of Richard Rorty and the prophetic critique of Cornel West. For the author of Healthy Conflict, any hope in the survival of democracy relies on balancing critique of domination with constructive proposals for a more just and equitable world. On (...) the one hand, Springs rejects any strong distinction between moral imagination and socio‐political critique; in fact, he argues for their intertwinement, especially in the work of West. At the same time, there are moments when he suggests an opposition between expanding the moral imagination and engaging in the critical enterprise, especially as he identifies the limits in Foucault regarding normativity and democratic struggle. I respond to this slippage by arguing that Foucault, and critical theory more broadly, open up possibilities for rethinking ethics, politics, and our relationship to the violence that sustains the order of things. (shrink)

Ernst Fraenkel, geboren 1898, prägte die deutsche Politikwissenschaft der jungen Bundesrepublik. Er gab ihr eine interdisziplinäre Ausrichtung und gilt als Vater der Pluralismustheorie in Deutschland. Das Buch schildert sein bewegtes Leben, das mit der deutschen Geschichte des 20. Jahrhunderts eng verknüpft ist.

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill this (...) void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

_A provocative reassessment of the concept of an American golden age of European-born reason and intellectual curiosity in the years following the Revolutionary War_ The accepted myth of the “American Enlightenment” suggests that the rejection of monarchy and establishment of a new republic in the United States in the eighteenth century was the realization of utopian philosophies born in the intellectual salons of Europe and radiating outward to the New World. In this revelatory work, Stanford historian Caroline Winterer argues that (...) a national mythology of a unitary, patriotic era of enlightenment in America was created during the Cold War to act as a shield against the threat of totalitarianism, and that Americans followed many paths toward political, religious, scientific, and artistic enlightenment in the 1700s that were influenced by European models in more complex ways than commonly thought. Winterer’s book strips away our modern inventions of the American national past, exploring which of our ideas and ideals are truly rooted in the eighteenth century and which are inventions and mystifications of more recent times. (shrink)

It is argued that a chief obstacle to a naturalistic explanation of the origins of mind is human exceptionalism, as exemplified in the 17th century by Descartes, and in the 20th century by Noam Chomsky. As an antidote to human exceptionalism we turn to the account of aesthetic judgment in Darwin’s Descent of Man, according to which the mental capacities of humans differ from those of lower animals only in degree, not in kind. Thoroughgoing naturalistic explanation of these capacities is (...) made easier by shifting away from the substance-metaphysical implications of the search for an account of mind, toward a dispositional account of the origins of mindfulness. (shrink)

This study explores the impact of CEO ability on corporate environmental sustainability information disclosure. We take samples from Chinese A-share listed companies from 2010 to 2019 and use the ordinary least squares as a baseline regression model to check the relationship between CEO ability and corporate environmental sustainability information disclosure. Our findings are robust to different corporate environmental sustainability information disclosure measures and CEO ability. We found a positive association between CEO ability and corporate environmental sustainability information disclosure; thus, firms (...) with a more able CEO are more likely to disclose more corporate environmental sustainability information. Our results also found a significant negative interaction coefficient between CEO ability and CEO career concerns. As the CEO grows older, his/her ability decreases; therefore, corporate environmental sustainability information disclosure reduces. Furthermore, we document that a female CEO strengthens the relationship between CEO ability and corporate environmental sustainability information disclosure. The study results are important for understanding corporate environmental responsibility development and implementation, particularly in China. (shrink)

A well-known problem in the health sciences is the distorted research agenda: the agenda features too little research that is tailored to the health problems of the poor, and it features too little research that supports the development of other solutions to health problems than medicines . This article analyzes these two sub-problems in more detail, and assesses several strategies to deal with them, resulting in some specific recommendations that indicate what governments should do to make the research agenda in (...) the health sciences less distorted. (shrink)

The purpose of this work consists of analyzing the place that the big’s and people’s conflict, circumscribed by the theory of humors, occupies in Machiavelli’s political thought and to investigate its relationship with the political freedom. The central hypothesis is that the freedom can only be reached by a balance point among the forces in conflict. For that, it is necessary that the conflict, not being annulled, be rationally regulated and normalized by the republican institutions, changing from negative force into (...) force capable to converge in the State the commonwealth, the social order and the freedom of the whole political body. The republican law, born of the permanent confrontation of the antagonistic desires, subverts the negative character of the humors of big and people and it channels the force for the political life, demanding active citizenship of their members, it means, the participation of both humors in the public space as political agents for the maintenance of the freedom. To make it clear, we tried to demonstrate the characteristics of the conflict of the humors, in agreement with those which the desire of the big gets confused with a desire of power, while the desire of the people is associated to freedom. For Machiavelli, the true political freedom is only possible when the antagonistic humors can relieve their desires through the participation in the public space of debates and collective decisions, what can only happen in a republican regime. (shrink)