This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today's multi-layered world. The collection of essays (...) is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s). (shrink)

Sven Erik Nordenbo; Bildung and the Thinking of Bildung, Journal of Philosophy of Education, Volume 36, Issue 3, 16 December 2002, Pages 341–352, https://doi.or.

Fresh look at how Jewish intellectuals thought about Judaism within a German philosophical tradition.

As an extension of the well-known Action Description Language A introduced by M. Gelfond and V. Lifschitz [8] C. Baral and M. Gelfond recently defined the diafect AC which supports the description of concurrent actions [1]. Also, a sound but incomplete encoding of AC by means of an extended logic program was presented there. In this paper, we work on interpretations of contradictory inferences from partial action descriptions. Employing an interpretation different from the one implicitly used in AC, we present (...) a new dialect which allows to infer sound information from contradictory descriptions and to describe non-determinism and uncertainty. Furthermore, we give the first sound and complete encoding of AC, using equational logic programming, and extend it to as well. (shrink)

Sven Erik Nordenbo; Pluralism, Relativism and the Neutral Teacher, Journal of Philosophy of Education, Volume 12, Issue 1, 30 May 2006, Pages 129–139, https://d.

The article analyses some of the central ideas of the Movement Against Education (die Anti-Pädagogik). First the inspiration supplied by ‘anti-psychiatry’ is noted. Secondly, an example of everyday ‘educational interference’ is discussed from the perspective of the Movement's ideas. Thirdly, the elements of education the Movement considers outrageous, and so demands the abolition of all educational activity, are discussed. It is concluded that the Movement still raises questions about the general understanding of educational theory and practice today, in particular about (...) the justification of educational intervention and compulsion in a context of scepticism about natural development, absolute values or the predictability of the future. (shrink)

This chapter contains sections titled: Introduction Historical Perspective Progressivism: Five Themes Progressivism Today.

A representation theorem is obtained for contraction operators that are based on Levi's recent proposal that selection functions should be applied to the set of saturatable contractions, rather than to maximal subsets as in the AGM framework. Furthermore, it is shown that Levi's proposal to base the selection on a weakly monotonic measure of informational value guarantees the satisfaction of both of Gärdenfors' supplementary postulates for contraction. These results indicate that Levi has succeeded in constructing a well-behaved operation of contraction (...) that does not satisfy the postulate of recovery. (shrink)

We prove that four theses commonly associated with coherentism are incompatible with the representation of a belief state as a logically closed set of sentences. The result is applied to the conventional coherence interpretation of the AGM theory of belief revision, which appears not to be tenable. Our argument also counts against the coherentistic acceptability of a certain form of propositional holism. We argue that the problems arise as an effect of ignoring the distinction between derived and non-derived beliefs, and (...) we suggest that the kind of coherence relevant to epistemic justification is the coherence of non-derived beliefs. (shrink)

Dieses Buch versammelt einige der führenden Köpfe heutiger pragmatischer Philosophie zu einem konstruktiven Gespräch über die Zukunft des Pragmatismus. Robert B. Brandom, dessen Theorie der Bedeutung im Mittelpunkt mehrerer Beiträge des Bandes steht, hat das Einleitungskapitel geschrieben. Sämtliche zentrale Problemstellungen der pragmatischen Tradition werden aus teilweise sehr unterschiedlichen Perspektiven eingehend beleuchtet. Neben den Artikeln von Brandom und den Herausgebern, André Fuhrmann und Erik J. Olsson, enthält das Buch Originalbeiträge von Michael Esfeld, Wolfram Hinzen, Friedrich Kambartel, Isaac Levi, Ulrich Metschl, (...) Cheryl Misak, Jaroslav Peregrin, Sven Rosenkranz, Hans Rott und Pirmin Stekeler-Weithofer. (shrink)

How do we ascribe subjective probability? In decision theory, this question is often addressed by representation theorems, going back to Ramsey (1926), which tell us how to define or measure subjective probability by observable preferences. However, standard representation theorems make strong rationality assumptions, in particular expected utility maximization. How do we ascribe subjective probability to agents which do not satisfy these strong rationality assumptions? I present a representation theorem with weak rationality assumptions which can be used to define or measure (...) subjective probability for partly irrational agents. (shrink)

An alarming number of philosophers and cognitive scientists have argued that mind extends beyond the brain and body. This book evaluates these arguments and suggests that, typically, it does not. A timely and relevant study that exposes the need to develop a more sophisticated theory of cognition, while pointing to a bold new direction in exploring the nature of cognition Articulates and defends the “mark of the cognitive”, a common sense theory used to distinguish between cognitive and non-cognitive processes Challenges (...) the current popularity of extended cognition theory through critical analysis and by pointing out fallacies and shortcoming in the literature Stimulates discussions that will advance debate about the nature of cognition in the cognitive sciences. (shrink)

This paper attempts to answer the question of what defines mnemonic confabulation vis-à-vis genuine memory. The two extant accounts of mnemonic confabulation as “false memory” and as ill-grounded memory are shown to be problematic, for they cannot account for the possibility of veridical confabulation, ill-grounded memory, and wellgrounded confabulation. This paper argues that the defining characteristic of mnemonic confabulation is that it lacks the appropriate causal history. In the confabulation case, there is no proper counterfactual dependence of the state of (...) seeming to remember on the corresponding past representation. (shrink)

The global method safety account of knowledge states that an agent’s true belief that p is safe and qualifies as knowledge if and only if it is formed by method M, such that her beliefs in p and her beliefs in relevantly similar propositions formed by M in all nearby worlds are true. This paper argues that global method safety is too restrictive. First, the agent may not know relevantly similar propositions via M because the belief that p is the (...) only possible outcome of M. Second, there are cases where there is a fine-grained belief that is unsafe and a relevantly similar coarse-grained belief that is safe and where both beliefs are based on the same method M. Third, the reliability of conditional reasoning, a basic belief-forming method, seems to be sensitive to fine-grained contents, as suggested by the wide variation in success rates for thematic versions of the Wason selection task. (shrink)

Is more information always better? Or are there some situations in which more information can make us worse off? Good (1967) argues that expected utility maximizers should always accept more information if the information is cost-free and relevant. But Good's argument presupposes that you are certain you will update by conditionalization. If we relax this assumption and allow agents to be uncertain about updating, these agents can be rationally required to reject free and relevant information. Since there are good reasons (...) to be uncertain about updating, rationality can require you to prefer ignorance. (shrink)

Justification as Ignorance offers an original account of epistemic justification as both non-factive and luminous, vindicating core internalist intuitions without construing justification as an internal condition knowable by reflection alone. Sven Rosenkranz conceives of justification, in its doxastic and propositional varieties, as a kind of epistemic possibility of knowing and of being in a position to know. His account contrasts with recent alternative views that characterize justification in terms of the metaphysical possibility of knowing. Instead, he develops a suitable (...) non-normal multi-modal epistemic logic for knowledge and being in a position to know that respects the finding that these notions create hyperintensional contexts. He also defends his conception of justification against well-known anti-luminosity arguments, shows that the account allows for fruitful applications and principled solutions to the lottery and preface paradoxes, and provides a metaphysics of justification and its varying degrees of strength that is compatible with core assumptions of the knowledge-first approach and disjunctivist conceptions of mental states. (shrink)

According to T. M. Scanlon's 'buck-passing' analysis of value, x is good means that x has properties that provide reasons to take up positive attitudes vis-à-vis x. Some authors have claimed that this idea can be traced back to Franz Brentano, who said in 1889 that the judgement that x is good is the judgement that a positive attitude to x is correct ('richtig'). The most discussed problem in the recent literature on buckpassing is known as the 'wrong kind of (...) reason' problem (the WKR problem): it seems quite possible that there is sometimes reason to favour an object although that object is not good and possibly very evil. The problem is to delineate exactly what distinguishes reasons of the right kind from reasons of the wrong kind. In this paper we offer a Brentano-style solution. We also note that one version of the WKR problem was put forward by G. E. Moore in his review of the English translation of Brentano's Vom Ursprung sittlicher Erkenntnis. Before getting to how our Brentano-style approach might offer a way out for Brentano and the buck-passers, we briefly consider and reject an interesting attempt to solve the WKR problem recently proposed by John Skorupski. (shrink)

In the first part of this paper, I clear the ground from frequent misconceptions of the relationship between fact and value by examining some uses of the adjective “natural” in ethical controversies. Such uses bear evidence to our “natural” tendency to regard nature as the source of ethical norms. I then try to account for the origins of this tendency by offering three related explanations, the most important of which is evolutionistic: if any behaviour that favours our equilibrium with the (...) environment is potentially adaptive, nothing can be more effective for this goal than developing an attitude toward the natural world that considers it as a dispenser of sacred norms that must be invariably respected. By referring to the Aristotelian notion of human flourishing illustrated in the first part of the paper, in the second I discuss as a case study some ethical problems raised by mini-chips implantable in our bodies. I conclude by defending their potential beneficial effects of such new technological instruments. (shrink)

In recent years, several cases about the legal personhood of nonhuman animals garnered global attention, e.g. the recognition of ‘basic rights’ for the Argentinian great apes Sandra and Cecilia. Legal scholars have embraced the animal turn, blurring the once sovereign boundaries between persons and objects, recognising nonhuman beings as legal subjects. The zoonotic origins of the Covid-19 pandemic stress the urgency of establishing ‘global animal law’ and deconstructing anthropocentrism. To this end, it is vital to also consider the extensive premodern (...) legal history that humans share with other animals. Over 200 so-called animal trials have been documented in premodern Europe. In these proceedings, certain nonhuman animals—particularly domestic pigs—were prosecuted, often resulting in their capital punishment or anathema. This paper takes a history of ideas approach to these historical instances where Western philosophy of law and philosophical anthropology intersect, problematising the notion that such trials constitute wholesome precedents of the kind of legal personhood presently debated in jurisprudence. My counter-hegemonic analysis of the legal prosecution and execution of several pigs in fifteenth-century France demonstrates that late mediaeval notions of criminality transcended the alleged human-nonhuman divide whilst reaffirming and reifying human distinctiveness. I propose that pig trials were local laboratories where Christian communities reflected upon the natural hierarchy of God’s creation. Ensuing the apparent breach of the prescribed boundaries of nature, these communities renegotiated and re-naturalised everyday interspecies sociability by utilising the offending animals to exemplify particular norms about what it means to be human, generally to the animals’ detriment. (shrink)

Sven Bernecker presents an analysis of the concept of propositional (or factual) memory, and examines a number of metaphysical and epistemological issues crucial to the understanding of memory. -/- Bernecker argues that memory, unlike knowledge, implies neither belief nor justification. There are instances where memory, though hitting the mark of truth, succeeds in an epistemically defective way. This book shows that, contrary to received wisdom in epistemology, memory not only preserves epistemic features generated by other epistemic sources but also (...) functions as a source of justification and knowledge. According to the causal theory of memory argued for in this book, the dependence of memory states on past representations supports counterfactuals of the form: if the subject hadn't represented a given proposition in the past he wouldn't represent it in the present. The book argues for a version of content externalism whereupon the individuation of memory contents depends on relations the subject bears to his past physical or social environment. Moreover, Bernecker shows that memory doesn't require identity, but only similarity, of past and present attitudes and contents. The notion of content similarity is explicated in terms of the entailment relation. (shrink)

There are several theses in political science that are usually explicitly called ‘laws’. Other theses are generally thought of as laws, but often without being explicitly labelled as such. Still other claims are well-supported and arguably interesting, while no one would be tempted to call them laws. This situation raises philosophical questions: which theses deserve to be called laws and which not? And how should we decide about this? In this paper we develop and motivate a strategy for thinking about (...) laws in political science which integrates two core concepts: spatio-temporal stability and social mechanisms. The proposed strategy is a set of guidelines that political scientists can use to reflect on and argue about specific cases within their discipline, not a clear-cut demarcation criterion. We defend and motivate this strategy and apply it to two cases (one with respect to state repression, one about parliamentary elections). After we have developed and motivated our strategy for political science, we show that our proposal is relevant for other disciplines in the social sciences. We explain how our views fit into critical realism and embed them in the debate on laws in general philosophy of science and in the philosophy of the social sciences. (shrink)

PurposeIn this article, we aim to present and defend a contextual approach to mathematical explanation.MethodTo do this, we introduce an epistemic reading of mathematical explanation.ResultsThe epistemic reading not only clarifies the link between mathematical explanation and mathematical understanding, but also allows us to explicate some contextual factors governing explanation. We then show how several accounts of mathematical explanation can be read in this approach.ConclusionThe contextual approach defended here clears up the notion of explanation and pushes us towards a pluralist vision (...) on mathematical explanation. (shrink)

In everyday life we often act adequately, yet without deliberation. For instance, we immediately obtain and maintain an appropriate distance from others in an elevator. The notion of normativity implied here is a very basic one, namely distinguishing adequate from inadequate, correct from incorrect, or better from worse in the context of a particular situation. In the first part of this paper I investigate such ‘situated normativity’ by focusing on unreflective expert action. More particularly, I use Wittgenstein’s examples of craftsmen (...) (tailors and architects) absorbed in action to introduce situated normativity. Situated normativity can be understood as the normative aspect of embodied cognition in unreflective skillful action. I develop Wittgenstein’s insight that a peculiar type of affective behaviour, ‘directed discontent’, is essential for getting things right without reflection. Directed discontent is a reaction of appreciation in action and is introduced as a paradigmatic expression of situated normativity. In the second part I discuss Wittgenstein’s ideas on the normativity of what he calls ‘blind’ rule-following and the ‘bedrock’ of immediate action. What matters for understanding the normativity of (even ‘blind’) rule-following, is not that one has the capacity for linguistic articulation or reflection but that one is reliably participating in a communal custom. In the third part I further investigate the complex relationships between unreflective skillful action, perception, emotion, and normativity. Part of this entails an account of the link between normativity at the level of the expert’s socio-cultural practice and the individual’s situated and lived normativity. (shrink)

What is the nature of consciousness? How is consciousness related to brain processes? This volume collects thirteen new papers on these topics: twelve by leading and respected philosophers and one by a leading color-vision scientist. All focus on consciousness in the "phenomenal" sense: on what it's like to have an experience. Consciousness has long been regarded as the biggest stumbling block for physicalism, the view that the mind is physical. The controversy has gained focus over the last few decades, and (...) phenomenal knowledge and phenomenal concepts--knowledge of consciousness and the associated concepts--have come to play increasingly prominent roles in this debate. Consider Frank Jackson's famous case of Mary, the super-scientist who learns all the physical information while confined in a black-and-white room. According to Jackson, if physicalism is true, then Mary's physical knowledge should allow her to deduce what it's like to see in color. Yet it seems intuitively clear that she learns something when she leaves the room. But then how can consciousness be physical? Arguably, whether this sort of reasoning is sound depends on how phenomenal concepts and phenomenal knowledge are construed. For example, some argue that the Mary case reveals something about phenomenal concepts but has no implications for the nature of consciousness itself. Are responses along these lines adequate? Or does the problem arise again at the level of phenomenal concepts? The papers in this volume engage with the latest developments in this debate. The authors' perspectives range widely. For example, Daniel Dennett argues that anti-physicalist arguments such as the knowledge argument are simply confused; David Papineau grants that such arguments at least reveal important features of phenomenal concepts; and David Chalmers defends the anti-physicalist arguments, arguing that the "phenomenal concept strategy" cannot succeed. (shrink)

This paper argues that John Greco’s agent reliabilism fails in its attempt to meet the double requirement of accounting for the internalist intuition that knowledge requires sensitivity to the reliability of one’s evidence and evading the charge of psychological implausibility.

This paper takes its point of departure in an article by Stevens [Stevens, B.: 1994, Journal of Business Ethics 54, 163–171], in which she identified a lack of knowledge regarding how corporate codes of ethics are communicated and affect behavior in organizations. Taking heed of this suggested gap, we review studies on corporate codes of ethics with an empirical content, published since 1994. The conclusion of the review is that we still lack knowledge on how codes work, how they are (...) communicated and how they are transformed inside organizations. Stevens’ plea could even be extended, arguing that the knowledge gap might be of even more significance than in the mid-1990s. Some directions for how this situation can be approached in future studies are outlined in the paper. (shrink)

The paper explores a structural account of propositional justification in terms of the notion of being in a position to know and negation. Combined with a non-normal logic for being in a position to know, the account allows for the derivation of plausible principles of justification. The account is neutral on whether justification is grounded in internally individuated mental states, and likewise on whether it is grounded in facts that are already accessible by introspection or reflection alone. To this extent, (...) it is compatible both with internalism and with externalism about justification. Even so, the account allows for the proof of principles that are commonly conceived to depend on an internalist conception of justification. The account likewise coheres both with epistemic contextualism and with its rejection, and is compatible both with the knowledge-first approach and with its rejection. Despite its neutrality on these issues, the account makes propositional justification luminous and so is controversial. However, it proves quite resilient in the light of recent anti-luminosity arguments. (shrink)

This article develops a notion of the ‘politics of time’ in order to analyse the effects that imaginations of future emergencies have in the fields of law and economy. Building on Niklas Luhmann’s theory of social time, it focuses on the multiplex temporalities in contemporary society, which are shown to interact differently with the ‘emergency imaginary’. We demonstrate that the apprehension of the future in terms of sudden, unpredictable and potentially catastrophic events reinforces current modes of producing financial futurity, while (...) it undermines the procedural rhythm and retroactive sentencing of liberal law. As a whole, the article supplements the analysis of the ‘politics of truth’ prevalent in the current debate about precaution and pre-emption with a theoretical perspective on social temporality. (shrink)

We argue that non-epistemic values, including moral ones, play an important role in the construction and choice of models in science and engineering. Our main claim is that non-epistemic values are not only “secondary values” that become important just in case epistemic values leave some issues open. Our point is, on the contrary, that non-epistemic values are as important as epistemic ones when engineers seek to develop the best model of a process or problem. The upshot is that models are (...) neither value-free, nor depend exclusively on epistemic values or use non-epistemic values as tie-breakers. (shrink)

Recent studies on neural pathways in a broad spectrum of vertebrates suggest that, in addition to migration and an increase in the number of certain select neurons, a significant aspect of neural evolution is a “parcellation” (segregation-isolation) process that involves the loss of selected connections by the new aggregates. A similar process occurs during ontogenetic development. These findings suggest that in many neuronal systems axons do not invade unknown territories during evolutionary or ontogenetic development but follow in their ancestors' paths (...) to their ancestral targets; if the connection is later lost, it reflects the specialization of the circuitry.The pattern of interspecific variability suggests (1) that overlap of circuits is a more common feature in primitive (generalized) than in specialized brain organizations and (2) that most projections, such as the retinal, thalamotelencephalic, corticotectal, and tectal efferent ones, were bilateral in the primitive condition. Specialization of these systems in some vertebrate groups has involved the selective loss of connections, resulting in greater isolation of functions. The parcellation process may also play an important role in cell diversification.The parcellation process as described here is thought to be one of several underlying mechanisms of evolutionary and ontogenetic differentiation. (shrink)

This article is about conditionalized modal statements whose antecedents concern a preferential attitude of an agent. The focus is on anankastic conditionals or, as they are known in the philosophical literature, hypothetical imperatives. We present a linguistically-motivated analysis of anankastic and related conditionals and use it to address challenges for semantic theories of natural language conditionals motivated by certain philosophical concerns about practical reasoning and the requirements of rationality.

Why do corporations and wealthy philanthropists fund the human sciences? Examining the history of the Santa Fe Institute (SFI), a private research institute founded in the early 1980s, this article shows that funders can find as much value in the social worlds of the sciences they sponsor as in their ideas. SFI became increasingly dependent on funding from corporations and libertarian business leaders in the 1990s and 2000s. At the same time, its intellectual work came to focus on the underlying (...) principles of adaptation, innovation, and decentralized coordination supposedly at work in ‘complex systems’ from biological ecosystems to markets and firms. This research cast the ideas of the libertarian economist Friedrich Hayek into a new scientific idiom. SFI also became a space where figures in business, media, academia, and politics could come to learn to see the world in a particular way—to acquire the subjectivity of what I call ‘the Santa Fe Institute libertarian’. At SFI, visitors did not simply learn the principles of neo-Hayekian complex system science. They came to see themselves as agents of social evolution, providing the spark that the free-market system needed to produce new technologies and new solutions to social problems without top-down political direction. For the Institute's corporate and libertarian financiers, SFI was not just a space where intellectuals described the world in favored ideological terms, but a space where elite actors became committed to the project of making a new political-economic order. (shrink)