This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

This article covers the traditional problems of the philosophy of law: the controversies between realism and normativism, on the one hand, and positivism and non-positivism, on the other. The author, adopting the ontological perspective of the artefactual theory of law, attempts to attain two research aims. First, he argues that artefactual theory of law paves the way towards a moderate position overcoming realism-normativism duality. Second, he advocates the thesis that the supposedly ontological difference between positivist and (...) non-positivist views might be dispelled and described as merely conceptual. Therefore, the opposite points of view could be considered as metaphysically equivalent ways of grasping the same social reality. According to the crucial premise of the argument law is a meliorative thick concept. The essay was inspired by an analogy between the philosophy of law and the philosophy of science first discussed by Lon L. Fuller. (shrink)

This work aims to identify and quantify the biases behind the anomalous behavior of people when they deal with the Three Doors dilemma, which is a really simple but counterintuitive game. Carrying out an artefactual field experiment and proposing eight different treatments to isolate the anomalies, we provide new interesting experimental evidence on the reasons why subjects fail to take the optimal decision. According to the experimental results, we are able to quantify the size and the impact of three (...) main biases that explain the anomalous behavior of participants: Bayesian updating, illusion of control and status quo bias. (shrink)

The aim of this paper is to propose an exploratory artefactual theory of fictional objects based on Evnine’s amorphism, with the goal of reconciling the inconsistent intuitions surrounding these entities. While not presenting a fully developed and comprehensive theory, I aim to explore the possibilities of amorphism and to offer a preliminary investigation into the nature of fictional objects and the challenges posed by our basic intuitions regarding their non-existence, creation, and property attribution. I formulate a two-level (...) criterion of identity-based on creative acts and utilize the notion of internal predication to account for how fictional objects possess the properties attributed to them in relevant stories. Additionally, I propose considering a subset of essential properties to fix the identity of ficta across stories. Lastly, I address the challenge of negative existential statements by equating non-existence with unreality, asserting that fictional objects are constituted by the properties attributed to them but do not fully exemplify them. (shrink)

The artefactual environment is not just the passive, inert background against which the drama of human and non-human animal life plays out; but rather, the built environment plays an active role in the structure of agency. This is an insight that Lambros Malafouris has articulated in his framework of Material Engagement Theory. I will discuss the enactive-embodied and dynamic approaches to cognition and action, emphasizing the ways that this approach leads to taking MET seriously by force of its (...) own theoretical commitments. That is, material engagement is a natural development of these models of mind, specified to the particularities of the human historical situation. I will then discuss Theiner and Drain’s critique of HMA, in which they argue that we should replace material agency with materially-scaffolded agency. Scaffolded agency, however, is too weak of a conception of how material culture shapes agency, and is a notion continues to privilege the sense of agency as a mark of what genuinely constitutes agency proper. Drawing on Steward I propose a definition of material agency that emphasizes the idea that agency is a process, and I suggest that material agency is better captured by the phenomenological experience of flow. This phenomenological understanding of material agency both responds to Theiner & Drain’s critique, and emphasizes the importance of investigating material culture phenomenologically. (shrink)

Maurizio Ferraris’ theory on social entities presents many interesting analogies with artefactualist theories on fictional entities. Like artefactualism, however, it probably needs some integration. As Ferraris himself acknowledges, mere dependence on subjects does not by itself qualify an entity as social. Moreover, the very same definition of a social entity as an inscribed (social) act seems to yield merely necessary, but not sufficient, identity conditions for such an entity. To my mind, what is needed is a normative element. For (...) a social entity is an intrinsically normative entity, which is (inter alia) composed by something like Searle’s constitutive rules. (shrink)

L’article publié ici se propose d’emprunter une voie qui n’avait pas été empruntée dans les explorations précédentes de l’auteur. En effet, on verra qu’il s’agit ici de surmonter les difficultés auxquelles sont confrontées les théories réalistes de la fiction et en particulier la théorie artefactuelle dont Amie Thomasson est l’auteur. La question principale s’édicte en ces termes : s’il y a des personnages de fiction, comment se fait-il qu’il nous soit naturel de dire que tel ou tel personnage n’existe pas (...) ? Comment rendre compte des affirmations de non-existence des personnages de fiction, en particulier lorsqu’on est un réaliste de la fiction ? L’auteur confronte trois manières de traiter ces affirmations : l’approche par la quantification restreinte et l’approche linguistique et enfin l’approche des conditions d’application, point de vue auquel l’auteur se rallie. La première approche consiste à faire des restrictions spatiales ou catégorielles afin de cerner le champ de la référence. La seconde approche, qui est celle que les théoriciens de la référence directe emploient majoritairement, consiste à passer par le métalangage, c’est-à-dire de passer à un niveau sémantique supérieur. La dernière approche, celle par les conditions d’application, est construite sur les vertus des deux premières approches. Enfin, l’auteur élargira l’apport de cette dernière approche aux débats métaphysiques. (shrink)

In this book, Kate Distin proposes a theory of cultural evolution and shows how it can help us to understand the origin and development of human culture. Distin introduces the concept that humans share information not only in natural languages, which are spoken or signed, but also in artefactual languages like writing and musical notation, which use media that are made by humans. Languages enable humans to receive and transmit variations in cultural information and resources. In this way, (...) they provide the mechanism for cultural evolution. The human capacity for metarepresentation - thinking about how we think - accelerates cultural evolution, because it frees cultural information from the conceptual limitations of each individual language. Distin shows how the concept of cultural evolution outlined in this book can help us to understand the complexity and diversity of human culture, relating her theory to a range of subjects including economics, linguistics, and developmental biology. (shrink)

In this paper, I discuss the aetiological account of biological interests, developed by Varner, in the context of artefactual organisms envisioned by current research in synthetic biology. In “Sections 2–5”, I present Varner's theory and criticise it for being incapable of ascribing non-derivative interests to artefactual organisms due to their lack of a history of natural selection. In “Sections 6–7”, I develop a new alternative to Varner's account, building on the organisational theory of biological teleology and (...) function. I argue that the organisational account of biological interest is superior to Varner's aetiological account because it can accommodate both artefactual and naturally evolved organisms, provides a non-arbitrary and practical way of determining biological interests, supports the claim that organisms have interests in a sense in which artefacts do not, and avoids the possibility of there being a conflict between what an organismic part is supposed to do and what is in the interest of the organism. (shrink)

This paper proposes a framework for a critical philosophy of technology by discussing its practical, theoretical, empirical, normative and political dimensions. I put forward a general account of technology, which includes both similarities and dissimilarities to Andrew Feenberg's instrumentalization theory. This account characterizes a technology as a "(type of) artefactual, functional system with a certain degree of stability and reproducibility". A discussion of how such technologies may be realized discloses five different levels at which alternative choices might be (...) made. On this basis, I argue that a critical philosophy of technology should analyse and assess the choices that have, and have not, been made in actual practice, and contribute to social experiments that aim at more democratic and more desirable alternatives. (shrink)

The present paper, taking as a point of departure Aristotle’s dispute with the ancient physicalists in Physics II.8-9 about the role of the final cause in nature, examines the context of the problem, his theory of the causes. Aristotle assumes an analogy between nature and craft and takes the production of artifacts to be paradigmatic. With these assumptions as guiding principles, the paper attempts to motivate his causal theory and propose what may be called a “logic” of the (...) causes. It examines artefactual coming-to-be more closely, focusing on the aspects of Aristotle’s account that are highlighted in his explanation of natural coming-to-be: the basic character of the causes, the peculiar distinction between the causes and the accompanying the deeper coincidence among three of them, the complementarity between the final and moving causes, the nature and role of desire in coming-to-be, and the primacy of form. It introduces the notion of a trans-temporal objective whole and shows the need to consider the full whole — which includes the entire process of coming-to-be together with its source — as the proper context for a full understanding of coming-to-be. It also points out the importance of the distinction between the objective and subjective perspectives, especially useful in understanding final causality. (shrink)

This article considers naturalistic analyses of the concepts of health and disease in light of the possibility of constructing novel living systems. The article begins by introducing the vision of synthetic biology as the application of engineering principles to the construction of biological systems, the main analyses of the concepts of health and disease, and the standard theories of function in artefacts and organisms. The article then suggests that reflection on the possibility of artefactual organisms amounts to a challenge (...) to the functional theories of health and disease proposed by Wakefield and Boorse. More specifically, Wakefield and Boorse's theories are reconstructed as responses to a dilemma concerning how to allow for the ascription of health and disease to artefactual organisms without at the same time opening up the possibility of diseased nonliving artefacts such as cars and computers. It is argued that neither response will enable us to ascribe health and disease to artefactual organisms, because both theories, in order to rule out the possibility of ascribing health and disease to nonliving artefacts, make such ascriptions conditional on having a natural-selection history or being part of a species which has been designed by evolution. (shrink)

What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. -/- Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic (...) involvement. -/- The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. -/- Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). -/- Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication. (shrink)

This paper is a tentative step towards a historical cognitive science, in the domain of memory and personal identity. I treat theoretical models of memory in history as specimens of the way cultural norms and artifacts can permeate ('proto')scientific views of inner processes. I apply this analysis to the topic of psychological control over one's own body, brain, and mind. Some metaphors and models for memory and mental representation signal the projection inside of external aids. Overtly at least, medieval and (...) Renaissance theorists agreed that such models had to allow for, or even guarantee, some conception of cognitive order and discipline. Individual memory traces had to be independent, not mixed up or interfering with others. The long tradition of improving or bypassing 'natural memory' by deliberately internalizing artefactual models was part of an arduous process of self-fashioning. Moral panic about confusion and mixture features centrally in the imposition of cognitive discipline in local memory traditions. (shrink)

The paper addresses the integration of ethics into professional education related to the disciplines responsible for the conception and creation of the artificial (artefactual or technology). The ontological-epistemological paradigm of those disciplines is understood within the frame of the sciences of the artificial as established by Herbert Simon (1969). According to that paradigm, those sciences include disciplines not only related to the production of artefacts (technology), such as engineering, architecture, industrial design, etc, but also disciplines related to devised courses (...) of action aimed at changing existing situations into preferred ones, like medicine, law, education, etc. They are centered on intentional action and at their core is the activity of design, which is their common foundation and attitude, or their common culture. The science of design becomes the broader foundational discipline for any professions engaged in the intentional transformation of the world. The main distinction between design disciplines and scientific ones rests on the object-project dichotomy. Indeed, contrary to Science that sees the world as an object to be observed, Design sees the world as a project and acts upon the world through projects, which are grounded in intentions, ends, and values. Design disciplines are meant to transform the world, or part of it, and are teleological. Being so, they are embodied in an act that is ethical and their ontology-epistemology must be addressed also through practical reason to resituate all professional disciplines according to their involved nature. (shrink)

One of the basic insights of the book is that there is a notion of non-relational linguistic representation which can fruitfully be employed in a systematic approach to literary fiction. This notion allows us to develop an improved understanding of the ontological nature of fictional entities. A related insight is that the customary distinction between extra-fictional and intra-fictional contexts has only a secondary theoretical importance. This distinction plays a central role in nearly all contemporary theories of literary fiction. There is (...) a tendency among researchers to take it as obvious that the contrast between these two types of contexts is crucial for understanding the boundary that divides fiction from non-fiction. Seen from the perspective of non-relational representation, the key question is rather how representational networks come into being and how consumers of literary texts can, and do, engage with these networks. As a whole, the book provides, for the first time, a comprehensive artefactualist account of the nature of fictional entities. (shrink)

Our concern is in explaining how and why models give us useful knowledge. We argue that if we are to understand how models function in the actual scientific practice the representational approach to models proves either misleading or too minimal. We propose turning from the representational approach to the artefactual, which implies also a new unit of analysis: the activity of modelling. Modelling, we suggest, could be approached as a specific practice in which concrete artefacts, i.e., models, are constructed (...) with the help of specific representational means and used in various ways, for example, for the purposes of scientific reasoning, theory construction and design of experiments and other artefacts. Furthermore, in this activity of modelling the model construction is intertwined with the construction of new phenomena, theoretical principles and new scientific concepts. We will illustrate these claims by studying the construction of the ideal heat engine by Sadi Carnot. (shrink)

This paper proposes a framework for a critical philosophy of technology by discussing its practical, theoretical, empirical, normative and political dimensions. I put forward a general account of technology, which includes both similarities and dissimilarities to Andrew Feenberg’s instrumentalization theory. This account characterizes a technology as a “(type of) artefactual, functional system with a certain degree of stability and reproducibility”. A discussion of how such technologies may be realized discloses five different levels at which alternative choices might be (...) made. On this basis, I argue that a critical philosophy of technology should analyse and assess the choices that have, and have not, been made in actual practice, and contribute to social experiments that aim at more democratic and more desirable alternatives. (shrink)

This paper reconsiders the possibility of applying the procedure of falsification, which consists in testing a theory by confronting hypotheses derived from the theory with empirical data, in the studies of culture, in particular when evaluating interpretive hypotheses. Falsification, to which, according to Popper and his followers, the natural sciences owe their success, is viewed with strong suspicion when the object of investigation is meanings and values rather than material phenomena. If by interpretation one understands reconstruction of the (...) artefact’s meaning, obvious challenges when falsifying interpretive hypotheses include: the multiplicity, instability and ambiguity (indefiniteness or self-contradictory character) of meanings inherent in artefacts. All of this does not seem to exclude the possibility of identifying as misreadings interpretive hypotheses which clearly contradict relevant (non-contradictory) artefactual evidence. Falsification thus understood seems indispensable in educational contexts. At the same time, it must be admitted that in practice (as contrasted with the logical formula which underlies the procedure) falsification is inconclusive, and the application of the procedure is further complicated when meanings and values are the object of research. This is one of the reasons why falsification in the humanities (as elsewhere) needs to be complemented by other epistemic procedures while the status of literary studies or history of philosophy might best be perceived as partly cognitive (and in so far as the research conducted in these disciplines is empirically testable, also scientific) and partly creative (artistic). (shrink)

In “Psychopower and Ordinary Madness” my ambition, as it relates to Bernard Stiegler’s recent literature, was twofold: 1) critiquing Stiegler’s work on exosomatization and artefactual posthumanism—or, more specifically, nonhumanism—to problematize approaches to media archaeology that rely upon technical exteriorization; 2) challenging how Stiegler engages with Giuseppe Longo and Francis Bailly’s conception of negative entropy. These efforts were directed by a prevalent techno-cultural qualifier: the rise of Synthetic Intelligence (including neural nets, deep learning, predictive processing and Bayesian models of cognition). (...) This paper continues this project but first directs a critical analytic lens at the Derridean practice of the ontologization of grammatization from which Stiegler emerges while also distinguishing how metalanguages operate in relation to object-oriented environmental interaction by way of inferentialism. Stalking continental (Kapp, Simondon, Leroi-Gourhan, etc.) and analytic traditions (e.g., Carnap, Chalmers, Clark, Sutton, Novaes, etc.), we move from artefacts to AI and Predictive Processing so as to link theories related to technicity with philosophy of mind. Simultaneously drawing forth Robert Brandom’s conceptualization of the roles that commitments play in retrospectively reconstructing the social experiences that lead to our endorsement(s) of norms, we compliment this account with Reza Negarestani’s deprivatized account of intelligence while analyzing the equipollent role between language and media (both digital and analog). (shrink)

According to recent work in experimental philosophy, folk intuitions concerning various metaphysical issues are heavily teleological. The experiments in question, which belong to a broader research program in psychology about ‘promiscuous teleology’, have featured prominently in debates about the methodology of metaphysics, with some authors claiming that the folk’s teleological bias debunks everyday intuitions concerning composition, persistence, and organisms. The present paper argues for a possibility that is very rarely discussed in that debate, namely the idea that the folk’s intuitions (...) could be veridical. Our argument is based on an emerging naturalistic theory of biological functions called “the organismic view”. The gist of the organismic view is that biological systems are characterized by a special circular causal regime where each part of the system contributes to the boundary conditions of some other parts, as well as of the whole. We argue that teleological folk intuitions are veridical in the biological domain under such a view, and they are veridical in the social and artefactual domains under coherent extensions of the organismic view. (shrink)

Architectural Drawings as Investigating Devices explores how the changing modes of representation in architecture and urbanism relate to the transformation of how the addressees of architecture and urbanism are conceived. The book diagnoses the dominant epistemological debates in architecture and urbanism during the 20th and 21st centuries. It traces their transformations, paying special attention to Le Corbusier and Ludwig Mies van der Rohe’s preference for perspective representation, to the diagrams of Team 10 architects, to the critiques of functionalism, and the (...) upgrade of the artefactual value of architectural drawings in Aldo Rossi, John Hejduk, Peter Eisenman, and Oswald Mathias Ungers, and, finally, to the reinvention of architectural programme through the event in Bernard Tschumi and the Office for Metropolitan Architecture (OMA). Particular emphasis is placed on the spirit of truth and clarity in modernist architecture, the relationship between the individual and the community in post-war era architecture, the decodification of design process as syntactic analogy and the paradigm of autonomy in the 1970s and 1980s architecture, the concern about the dynamic character of urban conditions and the potentialities hidden in architectural programme in the post-autonomy era. This book is based on extensive archival research in Canada, the USA and Europe, and will be of interest to architects, artists, researchers and students in architecture, architectural history, theory, cultural theory, philosophy and aesthetics. (shrink)

This paper seeks to contribute to the sociology of nations, a literature that is only starting to carve out its place in the social sciences. The paper offers a reconceptualization of “nations” as “national cultures”, employing an evolutionary perspective and a systemic framework in which “nations” are understood as cultural systems of a special kind. National cultures are intimately tied to natural languages, and the acquisition of a national culture occurs as part and parcel of the acquisition of a natural (...) language. Acquiring a natural language is a prerequisite for learning other cultural systems (artefactual languages as well as other natural languages). National cultures function as metacultures. They are also the reference cultures for modern states and their citizens, a political dimension of nations that is of paramount importance, though it will only be touched on in this paper. National cultures should be considered as the most fundamental type of cultural system today. (shrink)

_Abstract_: After introducing general problems that a theory of subjectivity must address, the meaning of subjectivity is discussed and defined as the wholeness of first-person somato-psychological life. The most important principle in a theory of subjectivity is the entanglement of socio-subjectivity, inter-subjectivity, and intra-subjectivity. This entanglement entails that subjectivity is unique and irreplaceable, which are philosophical elements in a psychological theory. Subjectivity takes place in work, relations, and the self, and in the way that persons conduct their (...) everyday lives in particular contexts and times. Subjectivity is constituted and/or mediated through materialities, discourses, and actions, including technologies. A theory of subjectivity must include reflections on “what is” but also about “what is possible” in human somato-psychological life. Because traditional theories of subjectivity have no conceptual space for socio-subjectivity, forms of subjectivity into which subjects suture themselves are discussed. Consequences for the discipline of psychology are laid out. _Keywords_: Subjectivity; Theory; Interdisciplinarity; Society; Culture; History; Psychological Humanities _Verso una teoria della soggettività_ _Riassunto_: Comincerò illustrando le questioni generali che una teoria della soggettività deve affrontare, per discutere e definire poi il significato della soggettività come totalità della vita somato-psicologica dalla prospettiva della prima persona. Il principio più importante in una teoria della soggettività è l’intreccio tra socio-soggettività, inter-soggettività e intra-soggettività. Da questo intreccio ne viene che la soggettività è qualcosa di unico e insostituibile; questi aspetti filosofici devono caratterizzare anche una teoria psicologica della soggettività. La soggettività trova la propria concrezione nel lavoro, nelle relazioni, nel sé e nel modo in cui le persone conducono la loro vita quotidiana nei propri particolari contesti e tempi. La soggettività è costituita e/o mediata dalla materialità, dai discorsi e dalle azioni, comprese le tecnologie. Una teoria della soggettività deve considerare “ciò che è” unitamente a “ciò che è possibile” all’interno della vita somato-psicologica umana. Dal momento che le teorie tradizionali della soggettività non hanno concesso uno spazio concettuale per la socio-soggettività, in questo lavoro si discuteranno quelle forme di soggettività al cui interno i soggetti si vengono a trovare suturati. Saranno quindi illustrate le conseguenze di questi aspetti per la psicologia come ambito disciplinare. _Parole chiave_: Soggettività; Teoria; Interdisciplinarità; Società; Cultura; Storia; Psychological Humanities. (shrink)

Cartesian epistemology comprises three main divisions: an a priori theory, discussed in Chs. 1–3, a psychological theory of error explanations in judgment induced by features of our sense experience discussed in Chs. 4, 5 and 7, and a theory of natural reasons, discussed here. The theory of natural reasons, based on Descartes's notion of natural inclinations, is expressed here in terms of a series of warrant principles of which there are two main kinds: those that warrant (...) action and those that warrant claims for what is true. This chapter traces Descartes's epistemically ambivalent attitude to cognitive dispositions from the early treatment in the Rules for the Direction of the Mind through to the final treatment in The Passions of the Soul. The chapter focuses special attention on the appearance of one kind of natural reason, reasons of truth, in the proof of the external world in Meditation VI and the striking absence of same in the proof of the external world in the Principles of Philosophy II. The chapter also considers whether natural reasons apply to particular aspects of corporeal things, concluding with a discussion of the Cartesian Circle. (shrink)

We present how the theory of reasoning developed by Tadeusz Czeżowski, a Polish logician and a member of the Lvov-Warsaw School (LWS) can be applied to the mediaeval texts which interpret the Bible, which we collectively call as Biblical exegesis (BE). In the first part of the paper, we characterise Czeżowski's theory of reasoning with some modifications based on remarks of Kazimierz Ajdukiewicz. On these grounds, we discuss the nature of reasoning and its different types, as well as (...) the problem of textual representation of reasoning. In the second part, we describe the analytical nature of some BE at the end of twelfth century and in the thirteenth century by referring to the examples of Stephen Langton, Robert Grosseteste, Bonaventure, Albert the Great and Thomas Aquinas. We argue that they represented an analytical approach in BE, characterised by advanced use of logic and specific methods, including reasoning reconstruction and logical analysis. In the third part, we present selected examples to show how Czeżowski's framework helps in identifying various types of reasoning. We indicate some universal problems with the textual representation of reasoning found in the BE of the authors in question. Lastly, we point out how Czeżowski's framework enables the understanding of phenomena such as ‘Special Biblical Inference’. Thanks to this experiment, we can see how a framework as advanced as that offered by LWS representatives can be put to the test using mediaeval Biblical commentaries, yielding interesting results. (shrink)

This volume contains 45 papers, written by the author alone or in collaboration with the following co-authors: Mumtaz Ali, Said Broumi, Sukanto Bhattacharya, Mamoni Dhar, Irfan Deli, Mincong Deng, Alexandru Gal, Valeri Kroumov, Pabitra Kumar Maji, Maikel Leyva-Vazquez, Feng Liu, Pinaki Majumdar, Munazza Naz, Karina Perez-Teruel, Rıdvan Sahin, A. A. Salama, Muhammad Shabir, Rajshekhar Sunderraman, Luige Vladareanu, Magdalena Vladila, Stefan Vladutescu, Haibin Wang, Hongnian Yu, Yan-Qing Zhang.

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought meriting further (...) exploration. Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model. (shrink)

Susi offers a novel non-coherence theory of digital human rights to explain the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain. The transposition into the digital reality can alter the meaning of well-established offline human rights to a wider or narrower extent, impacting core concepts such as transparency, legal certainty and foreseeability. Susi analyses the 'loss in transposition' of (...) some core features of the rights to privacy and freedom of expression. The non-coherence theory is used to explore key human rights theoretical concepts, such as the network society approach, the capabilities approach, transversality, and self-normativity, and it is also applied to e-state and artificial intelligence, challenging the idea of the sameness of rights. This title is part of the Flip it Open programme and may also be available Open Access. Check our website Cambridge Core for details. (shrink)

In this essay, I aim to examine Hölderlin’s theory of composition according to the thesis on the compatibility of poetic and philosophical practices. I interpret Hölderlin’s poetological fragments as a response to the epistolary exchange he had held with his master Schiller a few years earlier, concerning the dialectic between philosophy and poetry, enthusiasm and sobriety. I argue that Hölderlin’s fragments prompt us to consider poetry and philosophy as poiesis-based practices. Identifying creativity as their common destination allows one to (...) postulate the interaction between the two disciplines. I finally argue that aesthetics could be the place for this interaction. Hölderlin outlines a productive, namely aesthetic, theory of creation, in which boundaries between philosophy and poetry seem to interact rather than exclude. (shrink)

This article explores the domain of legal analysis and its methodologies, emphasising the significance of generalisation in legal systems. It discusses the process of generalisation in relation to legal concepts and the development of ideal concepts that form the foundation of law. The article examines the role of logical induction and its similarities with semantic generalisation, highlighting their importance in legal decision-making. It also critiques the formal-deductive approach in legal practice and advocates for more adaptable models, incorporating fuzzy logic, non-monotonic (...) defeasible reasoning, and artificial intelligence. The potential application of neural networks, specifically deep learning algorithms, in legal theory is also discussed. The article discusses how neural networks encode legal knowledge in their synaptic connections, while the syllogistic model condenses legal information into axioms. The article also highlights how neural networks assimilate novel experiences and exhibit evolutionary progression, unlike the deductive model of law. Additionally, the article examines the historical and theoretical foundations of jurisprudence that align with the basic principles of neural networks. It delves into the statistical analysis of legal phenomena and theories that view legal development as an evolutionary process. The article then explores Friedrich Hayek’s theory of law as an autonomous self-organising system and its compatibility with neural network models. It concludes by discussing the implications of Hayek’s theory on the role of a lawyer and the precision of neural networks. (shrink)

Like Hayek, Mises moved beyond economics in his later years to address questions regarding the foundation of all social science. But unlike Hayeks attempts, Misess writings on these matters have received less attention than they deserve. Theory and Histor, writes Rothbard in his introduction, "remains by far the most neglected masterwork of Mises. Here Mises defends his all-important idea of methodological dualism: one approach to the hard sciences and another for the social sciences. He defends the epistemological status of (...) economic proposition. He has his most extended analysis of those who want to claim that there is more than one logical structure by which we think about reality. He grapples with the problem of determinism and free will. And presents philosophy of history and historical research. Overall, this is a tremendously lucid defense of the fundamental Misesian approach to social philosophy. "It is Misess great methodological work, explaining the basis of his approach to economics, and providing scintillating critiques of such fallacious alternatives as historicism, scientism, and Marxian dialectical materialism. Austrian economics will never enjoy a genuine renaissance until economists read and absorb the vital lessons of this unfortunately neglected work." Theory and History should be required for any student of 20th century ideas. (shrink)

Theory of Mind (ToM) is the term used for our ability to predict and explain the behaviour of ourselves and others. Accounts of this theory have so far fallen into two competing types: Simulation Theory and 'Theory Theory'. In contrast with Theory Theory, Simulation Theory argues that we predict behaviour not by employing a model of people, but by replicating others' thoughts and feelings. This book presents a novel defence of Simulation (...) class='Hi'>Theory, reviewing the major challenges against it and positing the theory as the most effective method for exploring how we know each other and ourselves. Drawing on key research in the field, chapters reopen the debates surrounding Theory of Mind and cover a variety of topics including schizophrenia with implications for experimental social psychology. In the past, one of the greatest criticisms against Simulation Theory is that it cannot explain systematic error in Theory of Mind. This book explores the rapidly developing heuristics and biases programme, pioneered by Kahneman and Tversky, to suggest that a novel bias mismatch defence available to Simulation Theory explains these systematic errors. Simulation Theory: A psychological and philosophical consideration will appeal to a range of researchers and academics, including psychologists from the fields of cognitive, social and developmental psychology, as well as philosophers, psychotherapists and practitioners looking for further research on Theory of Mind. The book will also be of relevance to those interested in autism, since it offers a new approach to Theory of Mind which explains central symptoms in autistic subjects. (shrink)

The book offers a compact but comprehensive introductory overview of the crucial components of argumentation theory. In presenting this overview, argumentation is consistently approached from a pragma-dialectical perspective by viewing it pragmatically as a goal-directed communicative activity and dialectically as part of a regulated critical exchange aimed at resolving a difference of opinion. As a result, the book also systematically explains how the constitutive parts of the pragma-dialectical theory of argumentation, which are discussed in a number of separate (...) publications, hang together. The following crucial topics are discussed: argumentation theory as a discipline; the meta-theoretical principles of pragma-dialectics; the model of a critical discussion aimed at resolving a difference of opinion; fallacies as violations of a code of conduct for reasonable argumentative discourse; descriptive research of argumentative reality; analysis as theoretically-motivated reconstruction; strategic manoeuvring aimed at combining achieving effectiveness with maintaining reasonableness; the conventionalization of argumentative practices; prototypical argumentative patterns; pragma-dialectics amidst other approaches. Argumentation Theory: A Pragma-Dialectical Perspective is clearly written and makes argumentation theory understandable to all scholars and advanced students interested in argumentation research. (shrink)

This chapter examines the political theory found in the primary texts of early Buddhism and related contemporary scholarship. It argues that the early texts contain both a theory of government, which endorses enlightened monarchy based on a primitive social contract, and a political theory, which rests on the ideas that human beings are not selves, that politics is necessary but not very important, and that moral norms are advice rather than absolute duties. This reading directly contradicts the (...) long Western tradition of seeing Buddhism as anti-political. It also argues that modern readings of the Buddhist political tradition as republican are mistaken. (shrink)

Dilthey’s moral writings have received scant attention over the years, perhaps due to his apparent tendency toward relativism. This essay offers a unified look at Dilthey’s moral writings in the context of his Kantian-styled “Critique of Historical Reason.” I present the Dilthey of the moral writings as an observer of reason in the spirit of Kant, watching practical reason devolve into error when it applies itself beyond the bounds of possible experience. Drawing on moral writings from across Dilthey’s corpus, I (...) retrace Dilthey’s argument that moral theories from Kantianism and utilitarianism to natural law theory suffer significant motivational problems because of the way they transcend the “synthesis” of moral perception. Dilthey’s argument suggests that abstract moral theory is always bound to seem unmotivating and unreal from the standpoint of lived experience, and perhaps that, to avoid this, moral philosophy should confine itself to more situated, case-specific judgments. (shrink)

This paper introduces a novel perspective on Agentive Cognitive Construction Grammar (AgCCxG) by examining the intricate interplay between mind and language through the lens of both Active Inference and Peircean semiotics. AgCCxG emphasizes the impact of intention and purpose on linguistic choices as a cognitive imperative to balance the symbolic Self (Intelligent Agent) with the dynamics of the environment. Among other things, the paper posits that linguistic constructions, particularly Constructional Attachment Patterns (CAPs), like argument structure constructions, embody experienced interactions with (...) the world through reenactment routines via the integration of multisensory channels. Unlike traditional usage-based approaches (e.g., construction grammars), AgCCxG embraces a robust theory of signs that reveals human representation as a continuous process of semiotic hybridization for the creative prediction of uncertain scenarios. Importantly, the paper challenges the notion of the mind as a unified, rational, uncertainty-reducing machine by asserting that physical processes governing open biological systems profoundly influence the linguistic sign system. Intelligent agents’ adaptability in expressing incongruous realities thus highlights the role of semiotic hybridization in preserving an agent’s autonomy and semiotic boundary. (shrink)

John Leslie has published an argument that our own birth rank among all who have lived can be used to make inferences about all who will ever live, and hence about the expected survival time for the human race. It is found to be shorter than usually supposed. The assumptions underpinning the argument are criticized, especially the unwarranted one that the argument's sampling is equiprobable from among all who ever live. A mathematical derivation shows that Leslie's argument is correct only (...) if there exists a correlation of our birth rank to the event of doomsday. Such correlation is highly improbable. (shrink)

This is an introduction to set theory and logic that starts completely from scratch. The text is accompanied by many methodological remarks and explanations.