This paper addresses the phenomenon of judicial greatness by developing a general concept of greatness and applying it to law. Under the view offered in the paper, greatness is connected to theoretical or methodological diversification. When applied to adjudication, this means that great judges are revered because they successfully make a prima facie case for their novel adjudicative methods. This is not a judicial duty but rather a voluntary project. However, once a judge succeeds in making such a prima facie (...) case, he is exempt from other judicial duties. This thesis challenges many theories of judicial duty, which do not allow normative room for supererogatory actions in law. The paper demonstrates these claims by discussing two paradigmatic great judges – Chief Justice Marshall and Justice Holmes. (shrink)

This paper offers a new interpretation of Nietzsche's ‘higher men’ doctrine, which explains how he can simultaneously hold the following two positions: first, that higher types are especially important or valuable; and second, that all moral claims are false. Nietzsche can coherently subscribe to both views by arguing that higher types have wide inter-subjective value to lower types. More specifically, higher men, who are mainly characterized by their strong, commanding nature, fulfill a psychological need, common in most humans—the need to (...) obey. The paper develops this conception of higher types and shows how it relates to Nietzsche's insights on culture, nihilism, and becoming. (shrink)

This paper offers a new interpretation of Nietzsche's ‘higher men’ doctrine, which explains how he can simultaneously hold the following two positions: first, that higher types are especially important or valuable; and second, that all moral claims are false. Nietzsche can coherently subscribe to both views by arguing that higher types have wide inter-subjective value to lower types. More specifically, higher men, who are mainly characterized by their strong, commanding nature, fulfill a psychological need, common in most humans—the need to (...) obey. The paper develops this conception of higher types and shows how it relates to Nietzsche's insights on culture, nihilism, and becoming. (shrink)

ABSTRACTMost legal theorists and philosophers of law who work in the analytic tradition believe that intellectual progress in their fields necessarily means going ‘deeper’: coming up with more nuan...

The effect of upper bounds on message delivery times in a computer network upon the dynamics of knowledge gain is investigated. Recent work has identified centipedes and brooms—causal structures that combine message chains with time bound information—as necessary conditions for knowledge gain and common knowledge gain, respectively. This paper shows that, under the full-information protocol, these structures are both necessary and sufficient for such epistemic gain. We then apply this analysis to gain insights into the relation between “everyone knows” and (...) common knowledge. We prove a tight threshold on the depth k, beyond which Ek G (everyone in G knows nested to depth k) collapses into CG (common knowledge), when this knowledge concerns the occurrence of a spontaneous event. The threshold depends on the size of the group G of agents, as well as the time that has elapsed since the event of interest occurred. The existence of such a threshold is not guaranteed for all protocols, which is demonstrated here by presenting a counterexample in which no such threshold exists. (shrink)

Scaling of pattern with size has been described and studied for over a century, yet its molecular basis is understood in only a few cases. In a recent, elegant study, Inomata and colleagues proposed a new model explaining how bone morphogenic protein (BMP) activity gradient scales with embryo size in the early Xenopus laevis embryo. We discuss their results in conjunction with an alternative model we proposed previously. The expansion‐repression mechanism (ExR) provides a conceptual framework unifying both mechanisms. Results of (...) Inomata and colleagues implicate the chordin‐stabilizing protein sizzled as the expander molecule enabling scaling, while we attributed this role to the BMP ligand Admp. The two expanders may work in concert, as suggested by the mathematical model of Inomata et al. We discuss approaches for differentiating the contribution of sizzled and Admp to pattern scaling. (shrink)

This paper studies the role that known bounds on message transmission times in a computer network play on the evolution of the epistemic state over time. A connection to cones of causal influence analogous to, and more general than, light cones is presented. Focusing on lower bounds on message transmission times, an analysis is presented of how knowledge about when others are guaranteed to be ignorant about an event of interest can arise. This has implications in competitive settings, in which (...) knowing about another’s ignorance can provide an advantage. (shrink)

Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as (...) a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms. (shrink)

Abstract:This essay presents and discusses how James Rennel (1742–1830), a royal cartographer in eighteenth-century Bengal and father of British Modern Geography, presented and discussed the biblical concept of "exile" as a "practice" for the benefit of the empire. Following Rennell's readings in Biblical and Classical texts, this essay shows how Rennell intervened in contemporary European debates about Jews and trade.

What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been based or renewed, the public stages (...) on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin’s corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of “the people” in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book’s contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations. (shrink)

We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law" - rules that vary person by person - will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, (...) the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. (shrink)

What is sovereignty? Often taken for granted or seen as the ideology of European states vying for supremacy and conquest, the concept of sovereignty remains underexamined both in the history of its practices and in its aesthetic and intellectual underpinnings. Using global intellectual history as a bridge between approaches, periods, and areas, The Scaffolding of Sovereignty deploys a comparative and theoretically rich conception of sovereignty to reconsider the different schemes on which it has been based or renewed, the public stages (...) on which it is erected or destroyed, and the images and ideas on which it rests. The essays in The Scaffolding of Sovereignty reveal that sovereignty has always been supported, complemented, and enforced by a complex aesthetic and intellectual scaffolding. This collection takes a multidisciplinary approach to investigating the concept on a global scale, ranging from an account of a Manchu emperor building a mosque to a discussion of the continuing power of Lenin's corpse, from an analysis of the death of kings in classical Greek tragedy to an exploration of the imagery of "the people" in the Age of Revolutions. Across seventeen chapters that closely study specific historical regimes and conflicts, the book's contributors examine intersections of authority, power, theatricality, science and medicine, jurisdiction, rulership, human rights, scholarship, religious and popular ideas, and international legal thought that support or undermine different instances of sovereign power and its representations. (shrink)

_ Source: _Volume 25, Issue 2, pp 256 - 278 Rabbi Abraham Isaac Ha-Cohen Kook’s essay “The War” is a text of immense importance with respect to the development of ideological militaristic writing in religious Zionism. The essay was first published in the book _Orot me-Ofel_, edited by R. Kook’s son, Rabbi Zvi Yehudah Kook. In this study, I wish to distinguish the views presented in the notebooks and collected writings of R. Kook from his position as set forth in (...) the edited essay, which bears the stamp of the editor’s interpretation. Nine of the essay’s ten passages were written during World War I, and only the first passage, which bears the theological-militant stamp, does not appear in the collections of manuscripts from which the essay was constructed. My aim is to trace how R. Zvi Yehudah edited the essay and to explore the important influence of this passage. (shrink)

A Dictionary of Medieval Judeo-Arabic in the India Book Letters from the Geniza and in Other Texts. By Mordechai Akiva Friedman. Jerusalem: Ben-Zvi Institute, 2016. Pp. xxii + 1017. $37.A Unique Hebrew Glossary from India: An Analysis of Judeo-Urdu. By Aaron D. Rubin. Gorgias Handbooks. Piscataway, NJ: Gorgias Press, 2016. Pp. xii + 134. $48.

In the nineteenth century, astronomers thought that a planet between Mercury and the Sun was causing perturbations in the orbit of Mercury, and they introduced ‘Vulcan’ as a name for such a planet. But they were wrong: there was, and is, no intra-Mercurial planet. Still, these astronomers went around saying things like (2) Vulcan is a planet between Mercury and the Sun. Some philosophers think that, when nineteenth-century astronomers were theorizing about an intra-Mercurial planet, they created a hypothetical planet.

Accoding to G.E. Moore, something''s intrinsic valuedepends solely on its intrinsic nature. Recently Thomas Hurka andShelly Kagan have argued, contra Moore, that something''s intrinsic valuemay depend on its extrinsic properties. Call this view the ConditionalView of intrinsic value. In this paper I demonstrate how a Mooreancan account for purported counterexamples given by Hurka and Kagan. I thenargue that certain organic unities pose difficulties for the ConditionalView.

In a series of recent publications, Jeffrey King (The nature and structure of content, 2007; Proc Aristot Soc 109(3):257–277, 2009; Philos Stud, 2012) argues for a view on which propositions are facts. He also argues against views on which propositions are set-theoretical objects, in part because such views face Benacerraf problems. In this paper, we argue that, when it comes to Benacerraf problems, King’s view doesn’t fare any better than its set-theoretical rivals do. Finally, we argue that his view faces (...) a further Benacerraf problem, one that threatens to undercut his explanation of why propositions have truth-conditions. If correct, our arguments undercut King’s main motivation for accepting his view over its rivals. (shrink)

Sometimes people desire that their lives go badly, take pleasure in their lives going badly, or believe that their lives are going badly. As a result, some popular theories of welfare are paradoxical. I show that no attempt to defend those theories from the paradox fully succeeds.

Many political realists reject the idea that the first task for political philosophy is to justify the existence of coercive political institutions. Instead, they say, we should begin with the factual existence of CPIs, and ask how they ought to be structured. In holding this view, they adopt a form of political naturalism that is broadly Aristotelian in character. In this article, I distinguish between two forms that this political naturalism might take - what I call a ‘strong’ form, and (...) a ‘weak’ form - and argue that both ought to be rejected. (shrink)

David Benatar argues that creating someone always harms them. I argue that his master argument rests on a conceptual incoherence.

The structuring of our environment to provide cues and reminders for ourselves is common: We leave notes on the fridge, we have a particular place for our keys where we deposit them, making them easy to find. We alter our world to streamline our cognitive tasks. But how did hominins gain this capacity? What pushed our ancestors to structure their physical environment in ways that buffered thinking and began the process of using the world cognitively? I argue that the capacity (...) to engage in these behaviours is a by-product of increased tool investment and tool curation, which in turn was necessary because of increasingly heterogeneous environments. The minute tools are carried and cared for, they begin to undergo selection for added functions, becoming available as cognitive primers and as signals. I explore the trajectory of this co-evolutionary feedback loop of hominins and their tools, and demonstrate the role tools have in shaping our thinking. (shrink)

The evolution of cognition literature is dominated by views that presume the evolution of underlying neural structures. However, recent models of cognition reemphasize the role of physiological structures, development, and external resources as important components of cognition. This article argues that these alternative models of cognition challenge our understanding of human cognitive evolution. As a case study, it focuses on rehabilitating bipedalism as a crucial moment in human evolution. The australopithecines are often seen as “merely” bipedal chimpanzees, with a similar (...) suite of behaviors. But an embodied, developmental approach to understanding australopithecine cognitive abilities shows that the transition between australopithecines and the emergence of the Homo genus is less of a break than is often thought. Bipedalism on this view is not just a physiological and behavioral breakthrough: it represents a major cognitive leap as well. (shrink)

In "Demonstratives or Demonstrations", Marga Reimer argues that quotation marks are demonstrations and that expressions enclosed with them are demonstratives. In this paper, I argue against her view. There are two objections. The first objection is that Reimer''s view has unattractive consequences: there is more ambiguity, there are more demonstratives, and there are more English expressions than we thought. The second objection is that, unlike other ambiguous expressions, some expressions that are ambiguous on Reimer''s view can''t be disambiguated by using (...) subscripts. This suggests that, contrary to her view, those expressions aren't really ambiguous. (shrink)

Millianism and Fregeanism agree that a sentence that contains a name expresses a structured proposition but disagree about whether that proposition contains the object that the name refers to (Millianism) or rather a mode of presentation of that object (Fregeanism). Various problems – about simple sentences, propositional‐attitude ascriptions, and sentences that contain empty names – beset each view. To solve these problems, Millianism can appeal to modes of presentation, and Fregeanism can appeal to objects. But this raises a further problem: (...) namely, to explain why the proposition expressed by a sentence that contains a name matters in some cases but not in others. (shrink)

Several recent writers have argued that the rejection of hypothetical constructs is one of the defining features of radical behaviorism. The present discussion argues that this claim is ill-founded and based on an erroneous distinction regarding different kinds of theoretical constructs. All constructs, including those commonly employed by behavior analysts, are argued to be inherently hypothetical, because they provide a causal basis for extending empirical findings to new sets of variables. Moreover, the constructs employed by radical behaviorists are not qualitatively (...) different from those often employed by cognitivists . The result is that much of the basis for recent criticisms of cognitive psychology by behaviorists disappears. To the extent that differences do remain it is not in the qualitative nature of the two enterprises, but instead in attitudes about parsimony in the relation between data and theory. (shrink)

Research ethics guidelines grew out of several infamous episodes where research subjects were exploited. There is significant international synchronization of guidelines. However, indigenous groups in New Zealand, Canada and Australia have criticized these guidelines as being inadequate for research involving indigenous people and have developed guidelines from their own cultural perspectives. Whilst traditional research ethics guidelines place a lot of emphasis on informed consent, these indigenous guidelines put much greater emphasis on interdependence and trust. This article argues that traditional guidelines (...) are premised on relationships of equal power, and that often the researcher has more power that is not fully equalized by providing information. Where there is a relationship of unequal power, then focusing on interdependence and trust is more likely to achieve ethical safety. We illustrate this thesis by describing the detail of a research project looking at the use of interpreters, where we video-recorded live consultations and then interviewed the patient, interpreter and doctor. We conclude by suggesting that mainstream research ethics guidelines should pay more attention to the development of a trustworthy relationship between subject and researcher, and that, following the lead from clinical medicine, we should develop a culturally competent ethical framework for research on human subjects. (shrink)

From classical, Fraïissé-homogeneous, ($\leq \omega$)-categorical theories over finite relational languages, we construct intuitionistic theories that are complete, prove negations of classical tautologies, and admit quantifier elimination. We also determine the intuitionistic universal fragments of these theories.

In this paper I argue that applied philosophers hoping to develop a stronger role in public policy formation can begin by aligning their methods with the tools employed in the policy sciences. I proceed first by characterizing the standard view of policymaking and policy education as instrumentally oriented toward the employment of specific policy tools. I then investigate pressures internal to philosophy that nudge work in applied philosophy toward the periphery of policy debates. I capture the dynamics of these pressures (...) by framing them as the “dilemma dilemma” and the “problem problem.” Seeking a remedy, I turn to the interdisciplinarity of a unique approach to policymaking generally known as the “policy sciences.” Finally, I investigate the case of bioethics, an instance where philosophy has made decent headway with policymakers. From this I draw parallels to public policy. I suggest that because the policy sciences are essentially analchemist’s brew of academic fields, and because philosophy covers many of the foundational questions associated with these fields, it is only natural that applied philosophers should begin collaborations with other applied academics by adopting the strategies that have so successfully applied in other theoretical fields. (shrink)

This essay addresses Georges Bataille as a historical thinker by concentrating on The Accursed Share (three volumes, 1949-54), the text Bataille took as his masterwork. An amalgam of cultural criticism, anthropological and sociological research, The Accursed Share reveals Bataille's temporalised vision of his four central ideas, excess, expenditure, sovereignty and transgression. Grappling with this vision is key for understanding Bataille's oeuvre as a whole because it brings the entirety of his assessments of Western and world culture under its heading.The aim (...) of the paper is to offer a sense, on one hand, of Bataille's dystopic heterology and, on the other hand, the unique formulation of the junctures between economics, power and morality that define him as important for the irruption of post-structural thought specifically, and indeed, the postmodern era as a whole. (shrink)

From examinations of prehistoric burial to understanding post-industrial spaces and heritage practices, the writing of Gilles Deleuze and Felix Guattari is gaining increasing importance within archaeological thought. Their concept of 'assemblages' allows us to explore the past in new ways, by placing an emphasis on difference rather than similarity, on fluidity rather stasis and unpredictability rather than reproduceable models. Assemblage Thought and Archaeology applies the notion of assemblage to specific archaeological case studies, ranging from early urbanism in Mesopotamia to 19th (...) century military fortifications. It introduces the concept of assemblage within the context of the wider 'material turn' in the social sciences, examines its implications for studying materials and objects and urban settlements, and explores its consequences for the practice of archaeological research and heritage management. This innovative book will be of particular interest to postgraduate students of archaeological theory and researchers looking to understand this latest trend in archaeological thought, although the case studies will also have appeal to those whose work focusses on material culture, settlement archaeology and archaeological practice. (shrink)

This article reassesses Samuel Pufendorf's understanding of sovereignty and of the Holy Roman Empire. I argue that the form of the polity theorized by him should be comprehended in light of his adoption of the faculty psychology of Francisco Suárez. Suárez's was a conception of the life of the mind which, Pufendorfmaintained, also operated at the level of the 'composite moral person' of the state. It is true that the sovereign's is the only will in the state that counts politically; (...) but the state has an intellect too, and this may be located in an institution separate from the sovereign. Sovereign will can only function according to the scheme of efficient causality of which faculty psychology forms a component, and thus political absolutism, in which a singular and uncontrollable will is all, is not a necessary feature of Pufendorf's political theory. Moreover, this facultative conception of sovereignty is designed to pertain just as much to composite polities such as the German Empire as to more simple polities. (shrink)

Two theses are proposed; regarding the future evolution of the value systems of advanced AGI systems. The Value Learning Thesis is a semi-formalized version of the idea that; if an AGI system is taught human values in an interactive and experiential way as its intelligence increases toward human level; it will likely adopt these human values in a genuine way. The Value Evolution Thesis is a semi-formalized version of the idea that if an AGI system begins with human-like values; and (...) then iteratively modifies itself; it will end up in roughly the same future states as a population of human beings engaged with progressively increasing their own intelligence. Taken together; these theses suggest a worldview in which raising young AGIs to have human-like values is a sensible thing to do; and likely to produce a future that is generally desirable in a human sense. While these two theses are far from definitively proven; I argue that they are more solid and more relevant to the actual future of AGI than Bostrom’s “Instrumental Convergence Thesis” and “Orthogonality Thesis” which are core to the basis of his argument for fearing ongoing AGI development and placing AGI R&D under strict governmental control. In the context of fleshing out this argument; previous publications and discussions by Richard Loosemore and Kaj Sotala are discussed in some detail. (shrink)

There is an ongoing debate in medicine about whether patients have a ‘right not to know’ pertinent medical information, such as diagnoses of life-altering diseases. While this debate has employed various ethical concepts, probably the most widely-used by both defenders and detractors of the right is autonomy. Whereas defenders of the right not to know typically employ a ‘liberty’ conception of autonomy, according to which to be autonomous involves doing what one wants to do, opponents of the right not to (...) know often employ a ‘duty’ understanding, viewing autonomy as involving an obligation to be self-governing. The central contribution of this paper is in showing that neither view of autonomy can reasonably be said to support the extreme stances on the right not to know that they are sometimes taken to. That is, neither can a liberty view properly defend a right not to know without limits, nor can a duty view form the basis of an absolute rejection of the right not to know. While there is still theoretical distance between these two approaches, we conclude that the views are considerably closer on this issue than they first appear, opening the way for a possible compromise. (shrink)