Yoo (Economic Letters 37:145–149, 1991) argues that the law of iterated expectations must be violated if the probability measure of a Choquet decision maker is non-additive. In this article, we prove the positive result that the law of iterated expectations is satisfied for Choquet decision makers whenever they update their non-additive beliefs in accordance with the Sarin and Wakker (Journal of Risk and Uncertainty 16:223–250, 1998) update rule. The formal key to this result is the act-dependence (...) of the Sarin–Wakker update rule, which does not hold for the update rules considered by Yoo (1991). (shrink)

This note completes the main result of Zimper, by showing that additional conditions are needed in order the law of iterated expectations to hold true for Choquet decision makers. Due to the comonotonic additivity of Choquet expectations, the equation E[f, ν] = E[E[f, ν], ν], is valid only when the act f is comonotonic with its dynamic form, that we name “conditional certainty equivalent act”.

The Question of Iterated Grounding (QIG) asks what grounds the grounding facts. Although the question received a lot of attention in the past few years, it is usually discussed independently of another important issue: the connection between metaphysical explanation and the relation or relations that supposedly “back” it. I will show that once we get clear on the distinction between metaphysical explanation and the relation(s) backing it, we can distinguish no fewer than four questions lumped under QIG. I will (...) also argue that given some plausible assumptions about what it would take for a relation to back metaphysical explanation, many salient views about grounding allow us to give “easy” answers to these questions—easy in the sense that we can straightforwardly derive them from the respective conception of grounding without getting into the sorts of complexities that typically inform answers to QIG. The paper's main upshot is that we cannot expect to make much progress on QIG without first addressing the difficult issue of how exactly grounding is related to metaphysical explanation. (shrink)

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...) assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

We reconstruct Kuhn’s philosophy of measurement and data paying special attention to what he calls the “fifth law of thermodynamics”. According to this "law," there will always be discrepancies between experimental results and scientists’ prior expectations. The history of experiments to determine the values of the fundamental constants offers a striking illustration of Kuhn’s fifth law of thermodynamics, with no experiment giving quite the expected result. We highlight the synergy between Kuhn’s view and the systematic project of iteratively determining (...) the value of physical constants, initiated by spectroscopist Raymond Birge, that was ongoing when Kuhn joined Berkeley in 1956. Our analysis sheds light on various underappreciated aspects of Kuhn’s thought, especially his notion of progress as improvement in measurement accuracy. (shrink)

Ranking theory delivers an account of iterated contraction; each ranking function induces a specific iterated contraction behavior. The paper shows how to reconstruct a ranking function from its iterated contraction behavior uniquely up to multiplicative constant and thus how to measure ranks on a ratio scale. Thereby, it also shows how to completely axiomatize that behavior. The complete set of laws of iterated contraction it specifies amend the laws hitherto discussed in the literature.

For linear discrete-time systems with randomly variable input trail length, a proportional- type iterative learning control law is proposed. To tackle the randomly variable input trail length, a modified control input at the desirable trail length is introduced in the proposed ILC law. Under the assumption that the initial state fluctuates around the desired initial state with zero mean, the designed ILC scheme can drive the ILC tracking errors to zero at the desirable trail length in expectation sense. The designed (...) ILC algorithm allows the trail length of control input which is different from system state and output at a specific iteration. In addition, the identical initial condition widely used in conventional ILC design is also mitigated. An example manifests the validity of the proposed ILC algorithm. (shrink)

The notion of the ‘reasonable expectations of the parties’ plays an important justificatory role in contract law, yet the notion has not been subjected to any sustained analysis in the contract law literature. This article examines the various roles that reasonable expectation plays in contract law and explores the different understandings of the notion that are revealed. It identifies three possible bases for reasonable expectations—an institutional basis, an empirical basis and a normative basis—and examines how reasonable expectations (...) arguments in contract reflect each of these differing justificatory bases. This makes appeals to reasonable expectation in contract law problematic since the differently grounded expectations of the contracting parties are usually the precise site of conflict between them. It is therefore doubtful that conflicts between contracting parties can be resolved solely by identifying and protecting their ‘reasonable expectations’. In the conclusion some speculative comments are offered as to why, given its limited explanatory power, the notion has proved attractive in attempts to explain contract law. (shrink)

This paper addresses a famous objection against David Lewis’s Best System Analysis (BSA) of laws of nature. The objection—anticipated and discussed by Lewis (1994)—focuses on the standards of simplicity and strength being (in part) a matter of psychology. Lewis’s answer to the objection relies on his metaphysics of natural properties and its ability to single out the robustly best system, a system that is expected to come out far ahead of its rivals under any standard of simplicity and strength. The (...) main task of this paper is to argue that Lewis’s reply to the objection in terms of nature being kind to us does not succeed, if nature’s kindness is understood in terms of the naturalness of the properties composing the Humean mosaic. For epistemic access to natural properties is downstream to any previous identification of the best system. A possible Lewisian rejoinder in terms of a cross-world Humean mosaic of natural properties is considered and rebutted. The paper concludes by suggesting that Lewis could instead avail himself of a better answer to the objection, if the standards of simplicity and strength were reinterpreted along perspectivalist lines. (shrink)

It can seem obvious that we live in a world governed by laws of nature, yet it was not until the seventeenth century that the concept of a law came to the fore. Ever since, it has been attended by controversy: what does it mean to say that Boyle's law governs the expansion of a gas, or that the planets obey the law of gravity? Laws are rules that permit calculations and predictions. What does the universe have to be like, (...) if it is to play by them? This book sorts the most prominent answers into three families. Laws first arose in a theological context; they govern events only because God enforces them. Those wishing to reverse the order of explanation, and argue that the powers of objects fix the laws, struggled to claim for themselves the results of new science. The stand-off between these two families bred a third which rejects any kind of enforcer for the laws. On this view, laws summarize events; they do not govern anything. This book traces the fortunes of the three families, from their origins to the present day. It uses objections - and the revisions needed to answer them - to produce the best representative of each. Along the way, it tries to settle the rules of this game, the debate over laws of nature. What should we expect from an account of laws? The book aims to help readers develop their own desiderata and judge the merits of the competing positions. (shrink)

The law persists because people have reasons to comply with its rules. What characterizes those reasons is their interdependence: each of us only has a reason to comply because he or she expects the others to comply for the same reasons. The rules may help us to solve coordination problems, but the interaction patterns regulated by them also include Prisoner's Dilemma games, Division problems and Assurance problems. In these "games" the rules can only persist if people can be expected to (...) be moved by considerations of fidelity and fairness, not only of prudence.This book takes a fresh look at the perennial problems of legal philosophy - the source of obligation to obey the law, the nature of authority, the relationship between law and morality, and the nature of legal argument - from the perspective of this conventionalist understanding of social rules. It argues that, since the resilience of such rules depends on cooperative dispositions, conventionalism, properly understood, does not imply positivism. (shrink)

John Rawls produced two versions of the law of peoples: an article, published in 1993, and a book, published in 1999. Both versions defend basic human rights as a minimum requirement of a just law of peoples. However, in an apparent effort to strengthen his defense of this requirement, the argument changed. This paper examines the apparent difficulties that forced the changes and maintains that they still do not succeed in justifying basic human rights. The source of the difficulty, I (...) argue, is Rawls’s reluctance to impose liberal values on nonliberal societies, and the imposition of such values, I suggest, is unavoidable if basic human rights are to be justified. Hence, if our best attempts to justify basic human rights ultimately show that appeals to liberal values are unavoidable, then we should regard such appeals as no more of an imposition than the expectation that all societies must protect basic human rights. Even more significantly, if such appeals justify liberal freedoms that go beyond basic human rights, then arguments in support of basic human rights would also justify international efforts to advance further liberal reforms within nonliberal societies. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

Flack and de Waal present evidence for behaviour in non-human primates that functions to share food, terminate fights and reconcile opponents. Consolation and punishment are also suggested. These functions are assumed to be the motivation for the behaviour. Animals indeed have expectations about signal meaning and the likely immediate consequences of their behaviour. This does not mean they understand genetic fitness, peacekeeping or justice, even if these functions are achieved. Instrumental aggression is used to achieve a goal, not to (...) punish wrong doers. More elaborate motivation would indeed require empathy, sympathy, community solutions and morality. Although more parsimonious explanations for the behaviour described are rejected as not necessarily being true, less parsimonious explanations are not necessarily true either, no matter how appealing. (shrink)

The well-known empiricist apories of the lawfulness of nature prevent an adequate philosophical interpretation of empirical science until this day. Clarification can only be expected through an immanent refutation of the empiricist point of view. My argument is that Hume’s claim, paradigmatic for modern empiricism, is not just inconsequent, but simply contradictory: Empiricism denies that a lawlike character of nature can be substantiated. But, as is shown, anyone who claimes experience to be the basis of knowledge (as the empiricist naturally (...) does), has, in fact, always already presupposed the lawfullness of nature, i.e. has assumed the ontology of a nature lawful in itself. If lawfulness is, more closely, understood as dependency on conditions, then the functional character of the laws of nature is involved with the consequence that verification is not to be taken as a mere repetition of measurements but as clarification of the conditional structure of the physical process. Furthermore the functionality of the laws of nature also includes a statement on their invariance (relative to certain transformations) and so their lawlikeness. This throws a new light on the problem of induction. Seen in this way it is hardly surprising that the notorious neglect of the functional aspect in empiricism has led to fundamental problems with the concept of the law of nature. (shrink)

From one of the most influential scientists of our time, a dazzling exploration of the hidden laws that govern the life cycle of everything from plants and animals to the cities we live in. The former head of the Sante Fe Institute, visionary physicist Geoffrey West is a pioneer in the field of complexity science, the science of emergent systems and networks. The term "complexity" can be misleading, however, because what makes West's discoveries so beautiful is that he has found (...) an underlying simplicity that unites the seemingly complex and diverse phenomena of living systems, including our bodies, our cities and our businesses. Fascinated by issues of aging and mortality, West applied the rigor of a physicist to the biological question of why we live as long as we do and no longer. The result was astonishing, and changed science, creating a new understanding of energy use and metabolism: West found that despite the riotous diversity in the sizes of mammals, they are all, to a large degree, scaled versions of each other. If you know the size of a mammal, you can use scaling laws to learn everything from how much food it eats per day, what its heart-rate is, how long it will take to mature, its lifespan, and so on. Furthermore, the efficiency of the mammal's circulatory systems scales up precisely based on weight: if you compare a mouse, a human and an elephant on a logarithmic graph, you find with every doubling of average weight, a species gets 25% more efficient--and lives 25% longer. This speaks to everything from how long we can expect to live to how many hours of sleep we need. Fundamentally, he has proven, the issue has to do with the fractal geometry of the networks that supply energy and remove waste from the organism's body. (shrink)

The chapter focuses on “The Bicentennial Man” for a discussion of Machine Metaethics. It argues that a good idea is to begin to make ethics computable by creating a program enabling a machine to act as an ethical advisor for human beings facing traditional ethical dilemmas. The ultimate goal of Machine Ethics, to create autonomous ethical machines, will be a far more difficult task. In particular, it will require that a judgment be made about the status of the machine itself, (...) which is difficult to make. The chapter considers whether a robot like Andrew possessed the characteristics philosophers have considered necessary for having moral standing and so whether it was wrong to force him to follow principles that expected him to be a slave for human being. It finally argues that Asimov's “Three Laws of Robotics” are an unsatisfactory basis for Machine Ethics, regardless of the status of the machine. (shrink)

Hume's famous discussion of miracles in the Enquiry Concerning Human Understanding is curious both on account of the arguments he does deploy and on account of the arguments he does not deploy, but might have been expected to. The first and second parts of this paper will be devoted to examining, respectively, these two objects of curiosity. The second part I regard as the more important, because I shall there try to show that the fact that Hume does not deploy (...) an argument that he might have been expected to deploy in fact reflects a weakness in the view of natural laws that has come to be associated with Hume's name. I shall argue, in fact, that it is a symptom of the defectiveness of the ‘Humean’ view of natural laws that on that view it is only too easy to rule out the possibility of a miracle ever occurring. In the third part of the paper, I shall show how another view of laws can overcome this problem. (shrink)

tales of amazonian warrior women may be the last thing one would expect to find in the work of a seventeenth-century philosopher like Thomas Hobbes. Yet he invokes one story about them in every version of his political theory, from The Elements of Law to De Cive to both the English and Latin versions of Leviathan. This story tells of how the Amazons made contracts to procreate with men from nearby tribes whereby they retained control over their female children and (...) returned their male infants to their fathers. Though the story is told in only a couple of lines, its iteration throughout Hobbes's body of work suggests that it carries more weight than its perfunctory treatment would suggest.To the extent that the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689 by Simon P. KennedyFrancis J. BeckwithKENNEDY, Simon P. Reforming the Law of Nature: The Secularization of Political Thought, 1532–1689. Edinburgh: Edinburgh University Press, 2022. ix + 125 pp. Cloth, $110.00In this monograph Simon P. Kennedy offers an account of the desacralization of politics in the West by critically examining the works of five central figures in the (...) Protestant Reformed tradition: John Calvin (1509–64), Richard Hooker (1554–1600), Johannes Althusius (1557–1638), Thomas Hobbes (1588–1679), and John Locke (1632–1705). He dedicates a chapter to each thinker. The core of Kennedy's thesis is that desacralization is the result of a shift in the way modern thinkers like Hobbes and Locke reimagined the nature of natural law. The medieval tradition, having found its fullest expression in the work of St. Thomas Aquinas, saw natural law as one of four different types of law: eternal law (the eternal plan of creation in the mind of God), natural law (the rational creature's participation in the eternal law), human law (civil laws that are derived from the natural law), and divine law (the Old and New Testaments). According to Kennedy, the eventual desacralization of politics was set in motion with the development of arguments for natural rights that relied on a natural law that was in [End Page 553] practice severed from eternal law. But in that case, our political institutions—which are founded on the natural law—are purely human constructions and thus entirely secular.The usual story is that the Protestant Reformation constituted the decisive break with the medieval tradition and that it was the political theology of the reformers and their immediate successors that made the secularization of politics nearly inevitable. Kennedy wants to push back against that story. He argues, quite convincingly, that Calvin, Hooker, and Althusius, all Reformed Protestants, were in continuity with their medieval predecessors. Although Calvin is often depicted by his contemporary followers—especially among American Evangelicals—as hostile to the natural law tradition, Kennedy marshals an impressive case that shows that classical natural law seemed almost second nature to Calvin. My own sense is that the confusion over Calvin is the result of his contemporary readers expecting him to use the vocabulary of an Aquinas or a Duns Scotus. But not finding that vocabulary, they conclude that he rejected the natural law. Kennedy dispels that confusion by showing that Calvin in fact was fully committed to the four types of law absent the technical jargon of medieval scholasticism.Hooker and Althusius, writes Kennedy, continue in that tradition, though with a bit of a twist that some argue portends to Hobbes and Locke. Hooker and Althusius use the language of contract to account for the origin of certain aspects of political life. But Kennedy insists that it is a mistake to interpret them as proto-contractarians (as one finds in Hobbes and Locke), for they still held that the natural law participates in the eternal law, and that any agreements employed in the service of political life are under the authority of, and guided by, the natural law. One could argue, then, that these "contracts," like constitutions and treaties, are nonstatutory manifestations of the human law, which is perfectly consistent with classical natural law. So like Calvin before them, Hooker and Althusius were, as Kennedy puts it, theistic political naturalists.Hobbes and Locke are a different story. According to Kennedy, they both defended desacralized views of politics, with Hobbes being the more extreme of the two. Although I think he is correct in that assessment, I am not sure he locates the cause of the desacralization in the right place. For example, he says that because for Locke politics is artificial and not natural—that is, it is the result of a social contract to insulate members of society from the instability of a state of nature—politics is desacralized, even though God is the ultimate source of the natural law. But it is not clear how that in and of itself desacralizes politics. After all, Aquinas, the paradigm case of a classical natural lawyer, held... (shrink)

The relation between the opening section of Plato’s Laws and Xenophon’s Constitution of the Lacedaemonians usually goes unnoticed. This paper draws attention to its importance for understanding Plato’s project in the dialogue. It has three sections. In the first, it will be shown that the view proposed by Plato’s Athenian visitor that Lycurgus made virtue in its entirety the goal of his statecraft was anticipated in Xenophon’s treatise. It has to be treated as an interpretation of the Spartan politeia, alternative (...) to that advanced by Cleinias and Megillus, and accepted by Aristotle, which Plato could expect or at any rate hope to be taken seriously as such. In the second, the argument will focus on the contents of the legislative programme the Athenian says he had hoped to hear Cleinias ascribe to the Cretan and Spartan lawgivers. The case will be made that Plato can expect recognition by the reader that the programme is properly Spartan and Cretan by virtue of its echoes of the programme attributed to Lycurgus by Xenophon. Finally, the third section will argue that in making law primarily concerned with fostering the proper development, conduct, and treatment of human beings at every stage of the life cycle, above all by provision for sound customary practices and the like, Plato adopts the approach to law making taken by Xenophon’s Lycurgus. (shrink)

The article responds to an overlooked objection put by Allen Buchanan to John Rawls’s theory of justice: that implementing the Difference Principle over time may require gross and frequent disruptions of people’s framing and execution of long-term plans. Having strengthened Buchanan’s objection to resolve significant weaknesses in his main counterexample, I argue that the best response to this objection draws on the concept of the rule of law, specifically, the legal doctrine of legitimate expectations, which can be found in (...) English, French, and European Union administrative law. I also explore the suitability of incorporating this doctrine into Justice as Fairness given its absence in United States constitutional and administrative law. Finally, I turn to consider the question of what the government owes to agents in whom legitimate expectations are induced and then frustrated. Here I introduce the Precept of Administrative Liability. (shrink)

The emergence of economic inequality has often been linked to individual differences in mental or physical capacities. By means of an agent-based simulation this paper shows that neither of these is a necessary condition. Rather, inequality can arise from iterated interactions of fully rational agents. This bears consequences for our understanding of both inequality and rationality. In a setting of iterated bargaining games, we claim that expected utility maximizing agents perform suboptimally in comparison with other strategies. The reason (...) for this lies in complex feedback effects between an agents’ action and the quality of beliefs used to calculate expected utility. Consequentially, we argue that the standard notion of rationality as maximizing expected utility is insufficient, even for certain standard cases of economic interaction. (shrink)

The main result of this paper is a formal argument for the principle of maximizing expected utility that does not rely on the law of large numbers. Unlike the well-known arguments by Savage and von Neumann & Morgenstern, this argument does not presuppose the sure-thing principle or the independence axiom. The principal idea is to use the concept of transformative decision rules for decomposing the principle of maximizing expected utility into a sequence of normatively reasonable subrules. It is shown that (...) this procedure provides a resolution of Allais's paradox that cannot be obtained by Savage-style or von Neumann & Morgenstern-style arguments. (shrink)

Alstin, Zac The varied iterations of Natural Law theory draw - either explicitly or implicitly - upon a meta-physical account of human nature. They are firmly grounded in an objective description of human nature, and the goods which characterise and sustain it. Natural Law theory is primarily a work of discovery: we distinguish between good and evil in the first instance by observing and discovering the things that contribute to human flourishing.

In Metaphysics III, Chapter 4, Aristotle sets out and defends the Law of Non-Contradiction. The arguments are, however, rather less satisfactory than one might have expected, given the enormous historical influence the text has had. His major argument is a particularly tangled one, and the others are often little more than throw-away remarks. This essay is a commentary on the chapter, but its aim is less to interpret the text , than to see whether there is anything that Aristotle could (...) have meant that would have served his purpose. Whilst other commentators have sometimes attempted this, they have always taken his conclusion to be correct, even if his arguments were not; I do not. The commentary is therefore a confrontation between Aristotle and modern dialetheism. (shrink)

The following paper draws upon a formerly published paper of mine (Krátky, 2021) where text perception was analysed from the perspective of the recipient. As its logical continuation and completion, this paper deals with the author’s viewpoint in the process. Various related aspects are identified, observed and studied, such as the ‘author’s strategy’, the evaluation of the recipient, the intended goals, as well as other important factors that influence the final text. Special attention is paid to all such aspects of (...) communication pragmatism that are reflected by the author’s (more or less controlled) deviations from the norm, aptly made to achieve communication goals. Within this framework, the study strives to show the different roles that the factor termed ‘expectation violation’ takes on when strategically applied by the author in the process of text creation. To support this description, numerous observations by authors such as Grice, Burgoon, Gombrich, Iser etc. are employed. By tackling the author’s viewpoint on text creation, a claim is advanced concerning the plausibility of certain conclusions, theories and, possibly, laws, by virtue of the identification and observation of selected multi-domain principles, phenomena and tendencies. (shrink)

The following paper draws upon a formerly published paper of mine (Krátky, 2021) where text perception was analysed from the perspective of the recipient. As its logical continuation and completion, this paper deals with the author’s viewpoint in the process. Various related aspects are identified, observed and studied, such as the ‘author’s strategy’, the evaluation of the recipient, the intended goals, as well as other important factors that influence the final text. Special attention is paid to all such aspects of (...) communication pragmatism that are reflected by the author’s (more or less controlled) deviations from the norm, aptly made to achieve communication goals. Within this framework, the study strives to show the different roles that the factor termed ‘expectation violation’ takes on when strategically applied by the author in the process of text creation. To support this description, numerous observations by authors such as Grice, Burgoon, Gombrich, Iser etc. are employed. By tackling the author’s viewpoint on text creation, a claim is advanced concerning the plausibility of certain conclusions, theories and, possibly, laws, by virtue of the identification and observation of selected multi-domain principles, phenomena and tendencies. (shrink)

"This collection of essays continues the work of James Boyd White in the rhetorical and literary analysis of law as a system for the creation of meaning. White's interest is in the intellectual and ethical possibilities of law, which he sees not merely as a logical enterprise, nor as a mere matter of politics and power, but rather as involving the activity of the whole mind, including its imaginative and affective capacities." "The essays here are united by two basic themes: (...) the idea that law can usefully be regarded not only as a set of rules designed to produce results in the material world, as it usually is, but also as an imaginative and intellectual activity that has as its end the claim of meaning for human experience, both individual and collective; and, second, the idea that education, including in the law, works by the constant modification of expectation by experience." "From Expectation to Experience will interest lawyers, legal scholars, students of law, as well as those engaged in the fields of law and literature, ethics and literature, and rhetoric."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved. (shrink)

In Kant's Metaphysical Foundations of Natural Science are found a dynamist reduction of matter and an account of the communication of motion by impact. One would expect to find an analysis of the causal mechanism involved in the communication of motion between bodies given in terms of the fundamental dynamical nature of bodies. However, Kant's analysis, as given in the discussion of his third law of mechanics (an action-reaction law) is purely kinematical, invoking no causal mechanisms at all, let alone (...) dynamist mechanisms, in the explanation. It is argued that the reason for the non-incorporation of Kant's theory of matter in the account of impact is his overriding desire to provide a mathematical framework to explain the communication of motion, a provision which Kant felt to be impossible in the context of a metaphysical dynamism. (shrink)

The paper proposes to grasp handwritten signature as a metaphysical invention of the so-called “Western” civilization, where the signature is supposed to make possible juridical identification of the person who wrote it. However, despite this expectation of reliability, the Western handwritten signature is an aporetic sign, which is considered to be authentic (unrepeatable) and conventional (repeatable) at the same time. Because the signature is a sign of juridical identification and its authenticity can always be forged, Jacques Derrida tries to deconstruct (...) the contradictory functioning of Western metaphysics, which leads to confusion in our expectations of authenticity and identity in our uses of signatures. By proposing a new reading of Derridean texts concerning writing, the paper focuses on the pragmatical paradox that grounds our contradictory legal politics of signing: because the exact manual reproduction of a line is impossible, no one can satisfy the legislative obligation to sign conformably to the model signature. That’s the aporia of trace’s recognition, which establishes the signature as a sign: on the one hand, the signature is supposed to represent the juridical identity of the person who traced it; on the other hand, the signature, which constantly changes its graphical form, makes every certain identification impossible. In order to question the juridical identity traditionally guaranteed by the signature, this paper invites to grasp the legal practice of signing as a subversive performativity, which is produced during the passage between recognition of juridical identity requested by the law and its simultaneous and inevitable transgression. Finally, the paper proposes a new approach to the signature as a visual performance of the self, based on a reevaluation of the altercation between Jacques Derrida and John Searle concerning the iterative character of traces and performatives. (shrink)

A number of authors have noted that vagueness engenders degrees of belief, but that these degrees of belief do not behave like subjective probabilities. So should we countenance two different kinds of degree of belief: the kind arising from vagueness, and the familiar kind arising from uncertainty, which obey the laws of probability? I argue that we cannot coherently countenance two different kinds of degree of belief. Instead, I present a framework in which there is a single notion of degree (...) of belief, which in certain circumstances behaves like a subjective probability assignment and in other circumstances does not. The core idea is that one’s degree of belief in a proposition P is one’s expectation of P’s degree of truth. (shrink)

In a previous work (M. Campisi. Stud. Hist. Phil. M. P. 36 (2005) 275-290) we have addressed the mechanical foundations of equilibrium thermodynamics on the basis of the Generalized Helmholtz Theorem. It was found that the volume entropy provides a good mechanical analogue of thermodynamic entropy because it satisfies the heat theorem and it is an adiabatic invariant. This property explains the ``equal'' sign in Clausius principle ($S_f \geq S_i$) in a purely mechanical way and suggests that the volume entropy (...) might explain the ``larger than'' sign (i.e. the Law of Entropy Increase) if non adiabatic transformations were considered. Based on the principles of microscopic (quantum or classical) mechanics here we prove that, provided the initial equilibrium satisfy the natural condition of decreasing ordering of probabilities, the expectation value of the volume entropy cannot decrease for arbitrary transformations performed by some external sources of work on a insulated system. This can be regarded as a rigorous quantum mechanical proof of the Second Law. We discuss how this result relates to the Minimal Work Principle and improves over previous attempts. The natural evolution of entropy is towards larger values because the natural state of matter is at positive temperature. Actually the Law of Entropy Decrease holds in artificially prepared negative temperature systems. (shrink)

Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise act (...) reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut, which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade, which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions. (shrink)

The present study tests a gestalt explanation for the gambler's fallacy which posits that runs in random events will be expected to reverse only when the run is open or ongoing. This is contrasted with the law of small numbers explanation suggesting that people expect random outcomes to balance out generally. Sixty-one university students placed hypothetical guesses and bets on a series of coin tosses. Either heads or tails were dominant . In a closed run condition the run ended prior (...) to the critical trial , and in an open run condition the run remained open . As hypothesised, participants showed the gambler's fallacy in the open run condition, but not in the closed run condition. This difference is not due to differential memory for the outcomes. Men, and people with more previous experience gambling, were also found to be more prone to the gambler's fallacy. It is argued that the gestalt explanation best explains the results. (shrink)