Much legal research focuses on understanding how judicial decision-makers exercise their discretion. In this paper we examine the notion of legal or judicial discretion, and weaker and stronger forms of discretion. At all times our goal is to build cognitive models of the exercise of discretion, with a view to building computer software to model and primarily support decision-making. We observe that discretionary decision-making can best be modeled using three independent axes: bounded and unbounded, defined and undefined, and binary and (...) continuous. Examples of legal tasks are given from each of the eight ensuing octants and we conclude by saying what this model shows about current legal trends. We should stress that our taxonomy has been based on our observations of how discretionary legal decisions are made. No claim is made that our model is either complete (providing advice in every domain) or exact, but it does help knowledge engineers construct legal decision support systems in discretionary domains. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

Preface by Daniel C. Dennett Beginning with a general theory of function applied to body organs, behaviors, customs, and both inner and outer representations, ...

How the various things that are said to have meaning—purpose, natural signs, linguistic signs, perceptions, and thoughts—are related to one another.

I defend the historical definition of "function" originally given in my Language, Thought and Other Biological Categories (1984a). The definition was not offered in the spirit of conceptual analysis but is more akin to a theoretical definition of "function". A major theme is that nonhistorical analyses of "function" fail to deal adequately with items that are not capable of performing their functions.

A list of groceries, Professor Anscombe once suggested, might be used as a shopping list, telling what to buy, or it might be used as an inventory list, telling what has been bought (Anscombe 1957). If used as a shopping list, the world is supposed to conform to the representation: if the list does not match what is in the grocery bag, it is what is in the bag that is at fault. But if used as an inventory list, the (...) representation is supposed to conform to the world: if the list does not match what is in the bag, it is the list that is at fault. The first kind of representation, where the world is supposed to conform to the list, can be called "directive"; it represents or directs what is to be done. The second, where the list is supposed to conform to the world, can be called "descriptive"; it represents or describes what is the case. I wish to propose that there exist representations that face both these ways at once. With apologies to Dr. Doolittle, I call them pushmi-pullyu representations or PPRs. (shrink)

In attempting to derive irreversible macroscopic thermodynamics from reversible microscopic dynamics, Boltzmann inadvertently smuggled in a premise that assumed the very irreversibility he was trying to prove: ‘molecular chaos.’ The program of ‘Einselection’ within Everettian approaches faces a similar ‘Loschmidt’s Paradox’: the universe, according to the Everettian picture, is a closed system obeying only unitary dynamics, and it therefore contains no distinguishable environmental subsystems with the necessary ‘phase randomness’ to effect einselection of a pointer observable. The theoretically unjustified assumption of (...) distinguishable environmental subsystems is the hidden premise that makes the derivation of einselection circular. In effect, it presupposes the ‘emergent’ structures from the beginning. Thus the problem of basis ambiguity remains unsolved in Everettian interpretations. (shrink)

Austrian immigration authorities frequently reject the family reunion applications of immigrant workers. They justify their decisions not only on legal grounds but also on the basis of their own often prejudiced judgements of the applicants' ability to `integrate' into Austrian society. A discourse-historical method is combined with systemic-functionally oriented methods of text analysis to study the official letters which notify immigrant workers of the rejection of their family reunion applications. The systemic-functionally oriented methods are used in a detailed analysis of (...) a sample of rejection letters while the discourse-historical method allows this analysis to be intertextually connected to other related genres of discourse and strategies of argumentation, and to the history of post-war immigration in Austria generally. (shrink)

Heidegger argues that modern technology is quantifiably different from all earlier periods because of a shift in ethos from in situ craftwork to globalised production and storage at the behest of consumerism. He argues that this shift in technology has fundamentally shaped our epistemology, and it is almost impossible to comprehend anything outside the technological enframing of knowledge. The exception is when something breaks down, and the fault ‘shows up’ in fresh ways. Stiegler has several important addendums to Heidegger’s thesis. (...) Firstly, that Heidegger fails to fully appreciate the early Greek myth of Prometheus, and the technological depth that fire offers all human societies. Secondly, the fall, or failure, which is doubled in the myth of Prometheus, and shows up in epistemology accordingly. Thirdly the acceleration of technology since the onset of Information Technology, and the way this is disorientating our Being. I argue the fall in both Heidegger and early Stiegler has encaptured their imagination. In later work, Stiegler argues that acceleration is fused with algorithmic pretensions, that are distorting and undermining the creative political imaginary, and making it difficult to revalue the values that underpin the nihilist Anthropocene. The overcoming of the Anthropocene engages politics, economics, power, physics, and ecology. (shrink)

Some have thought that the plausibility of teleosemantics requires that it yield a determinate answer to the question of what the semantic “content” is of the “representation” triggered in the optic nerve of a frog that spots a fly. An outsize literature has resulted in which, unfortunately, a number of serious confusions and omissions that concern the way teleosemantics would have to work have appeared and been passed on uncorrected leaving a distorted and simplistic picture of the teleosemantic position. I (...) will speak to a half dozen of the worst of these misunderstandings and then say just a word about the frog question itself. (shrink)

In this paper I adduce a new argument in support of the claim that IBE is an autonomous form of inference, based on a familiar, yet surprisingly, under-discussed, problem for Hume’s theory of induction. I then use some insights thereby gleaned to argue for the claim that induction is really IBE, and draw some normative conclusions.

Understanding climate change is becoming an urgent requirement for those in education. The normative values of education have long been closely aligned with the global, modernised world. The industrial model has underpinned the hidden and overt curriculum. Increasingly though, a new eco-centric orientation to economics, technology, and social organisation is beginning to shape up the post-carbon world. Unless education is up to date with the issues of climate change, the estate of education will be unable to meet its task of (...) knowledge transfer. This paper covers the basic science and ethical policy debates, and begins to outline the questions that will necessarily entangle education as we orientate ourselves to the new world that is upon us. (shrink)

A recent ontological modification of Cramer’s Transactional Interpretation, called “Possibilist Transactional Interpretation” or PTI, is extended to the relativistic domain. The present interpretation clarifies the concept of ‘absorption,’ which plays a crucial role in TI. In particular, in the relativistic domain, coupling amplitudes between fields are interpreted as amplitudes for the generation of confirmation waves by a potential absorber in response to offer waves, whereas in the nonrelativistic context CW are taken as generated with certainty. It is pointed out that (...) solving the measurement problem requires venturing into the relativistic domain in which emissions and absorptions take place; nonrelativistic quantum mechanics only applies to quanta considered as ‘already in existence’, and therefore cannot fully account for the phenomenon of measurement, in which quanta are tied to sources and sinks. (shrink)

I give an analysis of how empirical terms do their work in communication and the gathering of knowledge that is fully externalist and that covers the full range of empirical terms. It rests on claims about ontology. A result is that armchair analysis fails as a tool for examining meanings of ‘basic’ empirical terms because their meanings are not determined by common methods or criteria of application passed from old to new users, by conventionally determined ‘intensions’. Nor do methods of (...) application used by individual speakers constitute definitive reference-determining intensions for their idiolect terms or associated concepts. Conventional intensions of non-basic empirical terms ultimately rest on basic empirical concepts, so no empirical meaning is found merely ‘in the head’. I discuss the nature of lexical definition, why empirical meanings cannot ultimately be modelled as functions from possible worlds to extensions, and traps into which armchair analysis of meaning can lead us. A coda explains how ‘Swampman’ examples, as used against teleosemantic theories of content, illustrate such traps. (shrink)

A large literature has grown up around the proposed use of 'weak measurements' to allegedly provide information about hidden ontological features of quantum systems. This paper attempts to clarify the fact that 'weak measurements' are simply strong measurements on one member of an entangled pair, and that all such measurements thus effect complete disentanglement of the pair. The only thing 'weak' about them is that the correlation established via the entanglement does not correspond to eigenstates of the 'weakly measured observable' (...) for the component system that is subject to the weak measurement. It is observed that complete disentanglement always occurs, whether post-­‐selection is performed before or after the pointer detection. Assertions in the literature that weak measurements leave a system negligibly disturbed are therefore inaccurate, and claims based on those assertions need to be critically reassessed. (shrink)

Correctly understood, teleosemantics is the claim that “representation” is a function term. Things are called “representations” if they have a certain kind of function or telos and perform it in a certain kind of way. This claim is supported with a discussion and proposals about the function of a representation and of how representations perform that function. These proposals have been retrieved by putting together current descriptions from the literature on neural representations with earlier explorations of the features common to (...) most things we are inclined to call representations as these were assessed in Millikan. Of interest is the degree to which these independent sources converge. I conclude that there is no need to employ any new or technical sense of the term “representation” for it to play an important role in neuroscience. (shrink)

Tim Maudlin's argument for the inconsistency of Cramer's Transactional Interpretation of quantum theory has been considered in some detail by Joseph Berkovitz, who has provided a possible solution to this challenge at the cost of a significant empirical lacuna on the part of TI. The present paper proposes an alternative solution in which Maudlin's charge of inconsistency is evaded but at no cost of empirical content on the part of TI. However, Maudlin's argument is taken as ruling out Cramer's heuristic (...) "pseudotime" explanation of the realization of one transaction out of many. (shrink)

In view of a resurgence of concern about the measurement problem, it is pointed out that the Relativistic Transactional Interpretation remedies issues previously considered as drawbacks or refutations of the original TI. Specifically, once one takes into account relativistic processes that are not representable at the non-relativistic level, absorption is quantitatively defined in unambiguous physical terms. RTI therefore provides a well-defined terminus to what appears to be a necessary infinite regress concerning ‘absorption’ when only the non-relativistic level is considered. In (...) addition, specifics of the relativistic transactional model demonstrate that the Maudlin ‘contingent absorber’ challenge to the original TI cannot even be mounted: basic features of established relativistic field theories dictate that the ‘slow-moving offer wave’ required for the challenge scenario cannot exist. It is concluded that issues previously considered obstacles for TI are no longer legitimately viewed as such, and that reconsideration of the transactional picture is warranted in connection with solving the measurement problem. (shrink)

Paradigm intensional contexts result from the unmarked use of referential expressions as “self‐signs”, signs that refer to themselves as tokens, types, or members of Sellarsian “dot‐quoted” kinds. Self‐signing (but unquoted) linguistic expressions are more difficult to recognize than non‐linguistic self‐signs such as the color of a felt pen's casing that represents the color of ink inside. I will discuss non‐linguistic self‐signing, then examine self‐signing in quotation, in “said that …” contexts and in “believes that … ” contexts. The phenomenon of (...) intensionality may reduce to a kind of equivocation, a matter of notation rather than a necessary feature of language. (shrink)

At the start of Convention (1969) Lewis says that it is "a platitude that language is ruled by convention" and that he proposes to give us "an analysis of convention in its full generality, including tacit convention not created by agreement." Almost no clause, however, of Lewis's analysis has withstood the barrage of counter examples over the years,1 and a glance at the big dictionary suggests why, for there are a dozen different senses listed there. Left unfettered, convention wanders freely (...) from conventional wisdom through conventional medicine, conventions of art and "conventions of morality" to conventions of bidding in bridge.2 Surely it is unwise to try to fell these all with a single stone. Lewis's original goal, however, pursued further in (Lewis 1975), was to describe the conventionality of language, and this may be a more reasonable target. (shrink)

This paper is not concerned with the (amply discussed) question as to the rational response to peer disagreement. Instead, it addresses a (considerably less often debated) problem to which many views about the (epistemic) significance of disagreement are vulnerable (to some extent or another): self-undermining. I reject several answers that have been proposed in the literature, defend one that has been offered (by meeting objections to it), and show that in its light, the prevalent assumption that the ‘equal-weight view’, a (...) prominent view about disagreement, rationally requires us to suspend judgement about contentious matters, is seen to be too pessimistic. (shrink)

"According to informational semantics, if it's necessary that a creature can't distinguish Xs from Ys, it follows that the creature can't have a concept that applies to Xs but not Ys." (Jerry Fodor, The Elm and the Expert, p.32).

“Teleosemantics and Pushmi-Pullyu Representations” (call it “TP-PR,” this journal 2014 79.3, 545–566) argues that core teleosemantics, particularly as defined in Millikan (Language, thought and other biological categories, MIT Press, Cambridge, 1984, J Philos 86(6):281–297, 1989, White queen psychology and other essays for Alice, MIT Press, Cambridge, 1993, Philosophical perspectives, Ridgeview Publishing, Alascadero, 1996, Varieties of meaning, MIT Press, Cambridge, 2004–2008), seems to imply that all descriptive representations are at the same time directive and that directives are at the same time (...) descriptive, hence that all representations are pushmi-pullyu representations. A pushmi-pullyu representation is at once indicative and imperative, telling both what the case is and what to do about it. The usefulness at all of the notion of a pushmi-pullyu representation is then questioned. I have recently found several new papers, dissertations, discussions, in which TP-PR is treated as definitive. However, the conclusions of TP-PR rest on misunderstandings of my position, so although the date is late, clarification seems still to be in order. I will indicate a few significant corrections that need to be made to TP-PR’s description of my position (originally called “biosemantics”) and explain central features of biosemantics that are omitted in TP-PR’s description of basic teleosemantics and which are incompatible with the main argument and conclusions of TP-PR. I will try to clarify and explain the value of the notion of a pushmi-pullyu representation. (shrink)

A relation is obtained between weak values of quantum observables and the consistency criterion for histories of quantum events. It is shown that “strange” weak values for projection operators always correspond to inconsistent families of histories. It is argued that using the ABL rule to obtain probabilities for counterfactual measurements corresponding to those strange weak values gives inconsistent results. This problem is shown to be remedied by using the conditional weight, or pseudo-probability, obtained from the multiple-time application of Lüders’ Rule. (...) It is argued that an assumption of reverse causality implies that weak values obtain, in a restricted sense, at the time of the weak measurement as well as at the time of post-selection. Finally, it is argued that weak values are more appropriately characterized as multiple-time amplitudes than expectation values, and as such can have little to say about counterfactual questions. (shrink)

The book brings together social philosophy and educational theory. Liberalism's unresolved tensions between freedom and equality, public and private good, individual and state, etc., are illuminated by controversies in educational theory and policy.

This paper explores the ways in which postdoctoral life scientists engage in supervision work in academic institutions in Austria. Reward systems and career conditions in academic institutions in most European and other OECD countries have changed significantly during the last two decades. While an increasing focus is put on evaluating research performances, little reward is attached to excellent performances in mentoring and advising students. Postdoctoral scientists mostly inhabit fragile institutional positions and experience harsh competition, as the number of available senior (...) positions is small compared to that of young scientists striving for an academic career. To prevail in this competition, publications and mobility are key. Educational work is rarely rewarded. Nevertheless, postdocs play a key role in educating PhD students, as overburdened senior scientists often pass on practical supervision duties to their postdoctoral fellows. This paper shows how under these conditions, postdocs reframe the students they supervise as potential resources for co-authored publications. What might look like a mutually beneficial solution at a first glance, in practice implies the subordination of the values of education to the logic of production, which marginalizes spaces primarily devoted to education. The author argues that conflicts like this are indicative of broader changes in the cultural norms of science and academic citizenship, rendering community-oriented tasks such as education work less attractive to academic scientists. Since education and supervision work are central cornerstones of any functioning higher education and research system, this could have negative repercussions for the long-term development of academic institutions. (shrink)

It is pointed out that a slight variation on the Wheeler Delayed Choice Experiment presents the same challenge to orthodox quantum mechanics as Maudlin-type contingent absorber experiments present to the Transactional Interpretation. Therefore, the latter cannot be used as a basis for refutation of TI.

While it is uncontroversial to point to the liberal roots of feminism, a major issue in English-language feminist political thought over the last few decades has been whether feminism's association with liberalism should be relegated to the past. Can liberalism continue to serve feminist purposes? This book examines the positions of three contemporary feminists - Martha Nussbaum, Susan Moller Okin and Jean Hampton - who, notwithstanding decades of feminist critique, are unwilling to give up on liberalism. This book examines why, (...) and in what ways, each of these theorists believes that liberalism offers the normative and political resources for the improvement of women's situations. It also brings out and tries to explain and evaluate the differences among them, notwithstanding their shared allegiance to liberalism. In so doing, the books goes to the heart of recent debates in feminist and political theory. (shrink)

This article discusses different theoretical and methodological approaches in the humanities and social sciences which strive to analyse and understand, interpret and explain texts and discourses in systematic, qualitative ways. After reviewing some of the salient theories in the social sciences, I argue that critical discourse studies require a ‘trichotomy’ consisting of explanation, interpretation and critique. Other approaches such as Ricoeur’s ‘hermeneutic arc’ seem to neglect important structural and material dimensions of context as well as critical self-reflection. Moreover, I argue (...) that much intuitive and non-transparent speculation in Hermeneutics might be transcended if more historical, cultural, linguistic and philological knowledges would be systematically and explicitly integrated into the analysis of text and discourse, in a retroductable manner. The latter possibility is illustrated by applying an interdisciplinary framework to some brief examples. (shrink)

“Teleosemantics and Pushmi-Pullyu Representations” (call it “TP-PR,” this journal 2014 79.3, 545–566) argues that core teleosemantics, particularly as defined in Millikan (Language, thought and other biological categories, MIT Press, Cambridge, 1984, J Philos 86(6):281–297, 1989, White queen psychology and other essays for Alice, MIT Press, Cambridge, 1993, Philosophical perspectives, Ridgeview Publishing, Alascadero, 1996, Varieties of meaning, MIT Press, Cambridge, 2004–2008), seems to imply that all descriptive representations are at the same time directive and that directives are at the same time (...) descriptive, hence that all representations are pushmi-pullyu representations. A pushmi-pullyu representation is at once indicative and imperative, telling both what the case is and what to do about it. The usefulness at all of the notion of a pushmi-pullyu representation is then questioned. I have recently found several new papers, dissertations, discussions, in which TP-PR is treated as definitive. However, the conclusions of TP-PR rest on misunderstandings of my position, so although the date is late, clarification seems still to be in order. I will indicate a few significant corrections that need to be made to TP-PR’s description of my position (originally called “biosemantics”) and explain central features of biosemantics that are omitted in TP-PR’s description of basic teleosemantics and which are incompatible with the main argument and conclusions of TP-PR. I will try to clarify and explain the value of the notion of a pushmi-pullyu representation. (shrink)

Time-symmetric interpretations of quantum theory are often presented as featuring "retrocausal" effects in addition to the usual forward notion of causation. This paper examines the ontological implications of certain time- symmetric theories, and finds that no dynamical notion of causation applies to them, either forward or backward. It is concluded that such theories actually describe a static picture, in which the notion of causation is relegated to a descriptor of static relationships among events. In addition, these theories lead to an (...) epistemic rather than ontologically referring, realist view of quantum states. (shrink)

ABSTRACT: A relation is obtained between weak values of quantum observables and the consistency criterion for histories of quantum events. It is shown that ``strange'' weak values for projection operators always correspond to inconsistent families of histories. It is argued that using the ABL rule to obtain probabilities for counterfactual measurements corresponding to those strange weak values gives inconsistent results. This problem is shown to be remedied by using the conditional weight, or pseudo-probability, obtained from the multiple-time application of Luders' (...) Rule. It is argued that an assumption of reverse causality implies that weak values obtain, in a restricted sense, at the time of the weak measurement as well as at the time of post-selection. Finally, it is argued that weak values are more appropriately characterised as multiple-time amplitudes than expectation values, and as such can have little to say about counterfactual questions. (shrink)

In this paper I offer solutions to two problems which our moral practice engenders for expressivism, the meta-ethical doctrine according to which ethical statements aren't propositional, susceptible of truth and falsity, but, rather, express the speaker's non-cognitive attitudes. First, the expressivist must show that arguments which are valid when interpreted propositionally are valid when construed expressivistically, and vice versa. The second difficulty is the Frege-Geach problem. Moral arguments employ atomic sentences, negations, disjunctions, etc., and, by expressivist lights, the meaning of (...) a moral sentence depends on the attitude that it expresses. Since one's attitude varies as one asserts a claim, or negates it, or cites it as a disjunct, etc., the meaning of the relevant phrase changes as well, so the argument equivocates. (Formal proofs are provided in appendices to the paper.). (shrink)