The association between posttraumatic stress disorder and counterfactual comparisons is poorly understood and CFC-measures are missing. We developed and applied the Posttrauma...

How do people come to opposite causal judgments about societal problems, such as whether a public health policy reduced COVID‐19 cases? The current research tests an understudied cognitive mechanism in which people may agree about what actually happened (e.g., that a public health policy was implemented and COVID‐19 cases declined), but can be made to disagree about the counterfactual, or what would have happened otherwise (e.g., whether COVID‐19 cases would have declined naturally without intervention) via comparison cases. Across (...) two preregistered studies (total N = 480), participants reasoned about the implementation of a public policy that was followed by an immediate decline in novel virus cases. Study 1 shows that people's judgments about the causal impact of the policy could be pushed in opposite directions by emphasizing comparison cases that imply different counterfactual outcomes. Study 2 finds that people recognize they can use such information to influence others. Specifically, in service of persuading others to support or reject a public health policy, people systematically showed comparison cases implying the counterfactual outcome that aligned with their position. These findings were robust across samples of U.S. college students and politically and socioeconomically diverse U.S. adults. Together, these studies suggest that implied counterfactuals are a powerful tool that individuals can use to manufacture others’ causal judgments and warrant further investigation as a mechanism contributing to belief polarization. (shrink)

This chapter examines when and how mental simulation--the consideration of alternatives to present reality--produces emotional responses that reflect either contrast or assimilation. The chapter begins with a description of a comparison domain that is most commonly associated with mental simulation--counterfactual thinking. Then the authors consider how mental simulation plays a critical role in determining assimilative and contrastive responses to other type of comparisons. The chapter concludes with a presentation of a model of mental simulation-based comparison processes and (...) describe its relationship to other contemporary comparison models. (shrink)

Although the counterfactual comparative account of harm, according to which someone is harmed when things go worse for her than they otherwise would have, is intuitively plausible, it has recently come under attack. There are five serious objections in the literature: some philosophers argue that the counterfactual account makes it hard to see how we could harm someone in the course of benefitting that person; others argue that Parfit’s non-identity problem is particularly problematic; another objection claims that the (...) account forces us to see many harms where there is just one; a fourth objection is based on the claim that the counterfactual account makes mysterious the distinction between harms and mere failures-to-benefit; and a final problem arises from cases of pre-emption, in which the nearest possible world in which the harmful event does not occur is a world in which some other harmful event occurs. This paper argues that, properly understood, harm essentially involves a counterfactual comparison, and that these comparisons are sensitive to context in the manner typical of counterfactual conditionals, and that, augmented with two plausible distinctions, this account has the resources to provide satisfying responses to each of the objections that have been raised against it. (shrink)

I propose a counterfactual theory of infinite regress arguments. Most theories of infinite regress arguments present infinite regresses in terms of indicative conditionals. These theories direct us to seek conditions under which an infinite regress generates an infinite inadmissible set. Since in ordinary language infinite regresses are usually expressed by means of infinite sequences of counterfactuals, it is natural to expect that an analysis of infinite regress arguments should be based on a theory of counterfactuals. The Stalnaker–Lewis theory of (...) counterfactuals, augmented with some fundamental notions from metric-spaces, provides a basis for such an analysis of infinite regress arguments. Since the technique involved in the analysis is easily adaptable to various analyses, it facilitates a rigorous comparison among conflicting philosophical analyses of any given infinite regress. (shrink)

This article links recent work on assimilative and contrastive counterfactual thinking with research on the impact of accountability on judgment and choice. Relative to participants who felt accountable solely for bottom-line performance outcomes, participants who were accountable for their decision-making process (a) had more pronounced differential reactions to clearly winning versus (winning but) nearly losing and to clearly losing versus (losing but) nearly winning; (b) were less satisfied with the quality of their decisions when they nearly lost and more (...) satisfied with the quality of their decisions when they nearly won; and (c) invested less money into investments that nearly failed and more money into investments that nearly succeeded. This pattern is consistent with the hypothesis that process accountability amplified assimilative counterfactual thinking, whereas outcome accountability attenuated it. The evidence underscores the power of contextual features of the decision-making environment to shape key cognitive and affective consequences of upward and downward counterfactual comparisons. (shrink)

In this paper we study selected argument forms involving counterfactuals and indicative conditionals under uncertainty. We selected argument forms to explore whether people with an Eastern cultural background reason differently about conditionals compared to Westerners, because of the differences in the location of negations. In a 2x2 between-participants design, 63 Japanese university students were allocated to four groups, crossing indicative conditionals and counterfactuals, and each presented in two random task orders. The data show close agreement between the responses of Easterners (...) and Westerners. The modal responses provide strong support for the hypothesis that conditional probability is the best predictor for counterfactuals and indicative conditionals. Finally, the grand majority of the responses are probabilistically coherent, which endorses the psychological plausibility of choosing coherence-based probability logic as a rationality framework for psychological reasoning research. (shrink)

Byrne (2005) assumes that counterfactual thinking requires a comparison of facts with an imagined alternative. In our view, however, this assumption is unnecessarily restrictive. We argue that individuals do not necessarily engage in counterfactual simulations exclusively to evaluate factual reality. Instead, comparative evaluation is often suspended in favor of experiencing the counterfactual simulation as if it were real.

In the article I discuss possible amendments and corrections to Lewis’s semantics for counterfactuals that are necessary in order to account for the indeterministic and non-local character of the quantum world. I argue that Lewis’s criteria of similarity between possible worlds produce incorrect valuations for alternate-outcome counterfactuals in the EPR case. Later I discuss an alternative semantics which rejects the notion of miraculous events and relies entirely on the comparison of the agreement with respect to individual facts. However, a (...) controversy exists whether to include future indeterministic events in the criteria of similarity. J. Bennett has suggested that an indeterministic event count toward similarity only if it is a result of the same causal chain as in the actual world. I claim that a much better agreement with the demands of the quantum-mechanical indeterminism can be achieved when we stipulate that possible worlds which differ only with respect to indeterministic facts that take place after the antecedent-event should always be treated as equally similar to the actual world. In the article I analyze and dismiss some common-sense counterexamples to this claim. Finally, I critically evaluate Bennett’s proposal regarding the truth-conditions for true-antecedent counterfactuals. (shrink)

The epistemology of modality is gradually coming to play a central role in general discussions about modality. This paper is a contribution in this direction, in particular I draw a comparison between Lewis’s Modal realism and Timothy Williamson’s recent account of modality in terms of counterfactual thinking. In order to have criteria of evaluation, I also formulate four requirements which are supposed to be met by any theory of modality to be epistemologically adequate.

Counterfactual reasoning research typically demonstrates contrast effects—nearly winning evokes frustration, whereas nearly losing evokes exhilaration. The present work, however, describes conditions under which assimilative responses (i.e., when judgements are pulled towards a comparison standard) also occur. Participants solved analogies and learned that they had either nearly attained a target score or nearly failed to attain it. Participants in the no trajectory condition received this feedback in the absence of any prior feedback, whereas those in the trajectory condition received (...) feedback after having received prior feedback conforming to either an ascending or descending pattern. Participants then provided perceptions of their verbal intelligence. Assimilation effects were observed in the trajectory conditions but attenuated in the no trajectory conditions. Discussion focuses on the role of feedback dynamics in determining responses to close-call counterfactuals. (shrink)

Comparative syllogism is a type of scientific reasoning widely used, explicitly or implicitly, for inferences from observations to conclusions about effectiveness, but its philosophical significance has not been fully elaborated or appreciated. In its simplest form, the comparative syllogism derives a conclusion about the effectiveness of a factor (e.g. a treatment or an exposure) on a certain property via an experiment design using a test (experimental) group and a comparison (control) group. Our objective is to show that the comparative (...) syllogism can be understood as encoding a simulation view of counterfactuals, in that counterfactual situations are conceptual constructs that can be correctly simulated by homogeneous comparison groups. In this simulation view, the empirical data from the comparison groups play an evidential role in the evaluation of counterfactuals and in obtaining counterfactual knowledge. We further indicate how successful experimental designs can help us to obtain correct simulations, and thus to bring us to scientifically-empirically based counterfactual knowledge. (shrink)

The significance of counterfactual thinking in the causal judgement process has been emphasized for nearly two decades, yet no previous research has directly compared the relative effect of thinking counterfactually versus factually on causal judgement. Three experiments examined this comparison by manipulating the task frame used to focus participants' thinking about a target event. Prior to making judgements about causality, preventability, blame, and control, participants were directed to think about a target actor either in counterfactual terms (what (...) the actor could have done to change the outcome) or in factual terms (what the actor had done that led to the outcome). In each experiment, the effect of counterfactual thinking did not differ reliably from the effect of factual thinking on causal judgement. Implications for research on causal judgement and mental representation are discussed. (shrink)

The epistemology of modality is gradually coming to play a central role in general discussions about modality. This paper is a contribution in this direction, in particular I draw a comparison between Lewis’s Modal realism and Timothy Williamson’s recent account of modality in terms of counterfactual thinking. In order to have criteria of evaluation, I also formulate four requirements which are supposed to be met by any theory of modality to be epistemologically adequate.

Researchers, clinicians, and patients have good reasons for wanting answers to causal questions of disease and therapeutic intervention. This paper uses microbiologist Robert Koch’s pioneering work and famous postulates to extrapolate a logical sequence of evidence for confirming the causes of disease: association between individuals with and without a disease; isolation of causal agents; and the creation of a counterfactual. This paper formally introduces counter-counterfactuals, which appear to have been used, perhaps intuitively, since the time of Koch and possibly (...) earlier. An argument is presented that counter-counterfactuals are a useful tool for identifying necessary causes of disease, and sometimes must be used in place of isolation which is not always possible. In addition, a logical sequence of causal evidence for a therapeutic intervention is presented: creating a counterfactual, comparisons between subjects in receipt of treatment versus those who are not, and counter-counterfactuals. (shrink)

This article introduces comparative process tracing as a two-step methodological approach that combines theory, chronology, and comparison. For each studied case, the processes leading “from A to B” are reconstructed and analyzed in terms of ideal-type social mechanisms and then compared by making use of the identified mechanisms and ideal-type periodization. Central elements of CPT are path dependence, critical junctures and focal points, social mechanisms, context, periodization, and counterfactual analysis. The CPT approach is described, discussed, and compared with (...) more formal and deterministic forms of process tracing, which are found to be less fruitful for systematic comparison. (shrink)

Max Weber's methodological writings offered a model of singular causal analysis that anticipated key elements of contemporary Anglo-American philosophy of the social and cultural sciences. The model accurately portrayed crucial steps and dimensions of causal reasoning in these disciplines, outlining a dynamic and probabilistic conception of historical processes, counterfactual reasoning, and comparison as a substitute for counterfactual argument. Above all, Weber recognized the interpretation of human actions as a subcategory of causal analysis, in which the agents' visions (...) of desired outcomes, together with their beliefs about how to bring them about, cause them to act as they do. (shrink)

Several liberal philosophers and penal theorists have argued that the state has a reason to prohibit acts that harm individuals. But what is harm? According to one specification of harm, a person P is harmed by an act (or an event) a iff, as a result of a, P is made worse off in terms of well-being. One central question here involves the baseline against which we assess whether someone is ‘worse off’. In other words, when a person is harmed (...) he is worse off, certainly—but what is worse off a variation from? A central part of the paper critically discusses different answers to this question based on versions of what we can call: the temporal baseline, the baseline from mankind and the counterfactual baseline. Essentially, it will be argued that the counterfactual baseline leaves us with a better understanding of harming than the other baselines discussed. The final part of the paper will describe some of the implications of our investigation for the application and evaluation of the view that harm matters in the justification of which type of acts should be criminalized by the state. The overall conclusion of the paper is that adherents of a view like the harm principle face a dilemma. Either they can accept the counterfactual baseline but then, they can do without the harm principle. Or they can reject the counterfactual baseline—but then they will have to formulate an alternative baseline which, as will be shown in the paper, is no easy task. (shrink)

I argue that there are at least four different ways in which the term ‘function’ is used in connection with the study of living organisms, namely: function as activity, function as biological role, function as biological advantage, and function as selected effect. Notion refers to what an item does by itself; refers to the contribution of an item or activity to a complex activity or capacity of an organism; refers to the value for the organism of an item having a (...) certain character rather than another; refers to the way in which a trait acquired and has maintained its current share in the population. The recognition of a separate notion of function as biological advantage solves the problem of the indeterminate reference situation that has been raised against a counterfactual analysis of function, and emphasizes the importance of counterfactual comparison in the explanatory practice of organismal biology. This reveals a neglected problem in the philosophy of biology, namely that of accounting for the insights provided by counterfactual comparison. (shrink)

Behavior genetics is a controversial science. For decades, scholars have sought to understand the role of heredity in human behavior and life-course outcomes. Recently, technological advances and the rapid expansion of genomic databases have facilitated the discovery of genes associated with human phenotypes such as educational attainment and substance use disorders. To maximize the potential of this flourishing science, and to minimize potential harms, careful analysis of what it would mean for genes to be causes of human behavior is needed. (...) In this paper, we advance a framework for identifying instances of genetic causes, interpreting those causal relationships, and applying them to advance causal knowledge more generally in the social sciences. Central to thinking about genes as causes is counterfactual reasoning, the cornerstone of causal thinking in statistics, medicine, and philosophy. We argue that within-family genetic effects represent the product of a counterfactual comparison in the same way as average treatment effects (ATEs) from randomized controlled trials (RCTs). Both ATEs from RCTs and within-family genetic effects are shallow causes: They operate within intricate causal systems (non-unitary), produce heterogeneous effects across individuals (non-uniform), and are not mechanistically informative (non-explanatory). Despite these limitations, shallow causal knowledge can be used to improve understanding of the etiology of human behavior and to explore sources of heterogeneity and fade-out in treatment effects. (shrink)

Many legal, social, and medical theorists and practitioners, as well as lay people, seem to be concerned with the harmfulness of discriminative practices. However, the philosophical literature on the moral wrongness of discrimination, with a few exceptions, does not focus on harm. In this paper, I examine, and improve, a recent account of wrongful discrimination, which divides into a definition of group discrimination, and a characterisation of its moral wrong-making feature in terms of harm. The resulting account analyses the wrongness (...) of discrimination in terms of intrapersonal comparisons of the discriminatee’s actual, and relevantly counterfactual, well-being levels. I show that the account faces problems from counterfactuals, which can be traced back specifically to the orthodox - comparative, counterfactual, welfarist - concept of harm. I argue that non-counterfactual and non-comparative harm concepts face problems of their own, and don’t fit easily with our best understanding of discrimination; hence they are unsuitable to replace the orthodox concept here. I then propose a non-orthodox - comparative, counterfactual, hybrid - concept of harm, which relies on counterfactual comparisons of ways of being treated. I suggest how such a concept can help us handle the problems from counterfactuals, at least for my account of discrimination. I also show that there are similar proposals in other harm-related debates. An upshot of the paper is thus to corroborate the case for a non-orthodox, hybrid concept of harm, which seems better able to fulfil its functional roles in a variety of contexts. (shrink)

This thesis in an invistigation into the concept of "harm" and its moral relevance. A common view is that an analysis of harm should include a counterfactual condition: an act harms a person iff it makes that person worse off. A common objection to the moral relevance of harm, thus understood, is the non-identity problem. -/- This thesis criticises the counterfactual condition, argues for an alternative analysis and that harm plays two important normative roles. -/- The main ground (...) for rejecting the counterfactual condition is that it has unacceptable consequences in cases of overdetermination and pre-emption. Several modifications to the condition are considered but all fail to solve this problem. -/- According to the alternative analysis to do harm is to perform an act which is responsible for the obtaining of a state of affairs which makes a person’s life go worse. It is argued that should be understood in terms of counterfactual dependence. This claim is defended against counterexamples based on redundant causation. An analysis of is also provided using the notion of a well-being function. It is argued that by introducing this notion it is possible to analyse contributive value without making use of counterfactual comparisons and to solve the non-identity problem. -/- Regarding the normative importance of harm, a popular intuition is that there is an asymmetry in our obligations to future people: that a person would have a life worth living were she to exist is not a reason in favour of creating that person while that a person would have a life not worth living is a reason against creating that person. It is argued that the asymmetry can be classified as a moral option grounded in autonomy. Central to this defence is the suggestion that harm is relevant to understanding autonomy. Autonomy involves partly the freedom to pursue one’s own aims as long as one does no harm. (shrink)

I introduce a new formulation of rule consequentialism, defended as an improvement on traditional formulations. My new formulation cleanly avoids what Parfit calls “ideal world” objections. I suggest that those objections arise because traditional formulations incorporate counterfactual comparisons about how things could go differently. My new formulation eliminates those counterfactual comparisons. Part of the interest of the new formulation is as a model of how to reformulate structurally similar views, including various kinds of contractualism.

I argue that there are at least four different ways in which the term ‘function’ is used in connection with the study of living organisms, namely: function as activity, function as biological role, function as biological advantage, and function as selected effect. Notion refers to what an item does by itself; refers to the contribution of an item or activity to a complex activity or capacity of an organism; refers to the value for the organism of an item having a (...) certain character rather than another; refers to the way in which a trait acquired and has maintained its current share in the population. The recognition of a separate notion of function as biological advantage solves the problem of the indeterminate reference situation that has been raised against a counterfactual analysis of function, and emphasizes the importance of counterfactual comparison in the explanatory practice of organismal biology. This reveals a neglected problem in the philosophy of biology, namely that of accounting for the insights provided by counterfactual comparison. (shrink)

A popular strategy for meeting over-determination and pre-emption challenges to the comparative counterfactual conception of harm is Derek Parfit’s suggestion, more recently defended by Neil Feit, that a plurality of events harms A if and only if that plurality is the smallest plurality of events such that, if none of them had occurred, A would have been better off. This analysis of ‘harm’ rests on a simple but natural mistake about the relevant counterfactual comparison. Pluralities fulfilling these (...) conditions make no difference to the worse for anyone in the over-determination cases that prompted the need for revising the comparative conception of harm to begin with. We may choose to call them harmful anyway, but then we must abandon the idea that making a difference to the worse for someone is essential to harming. I argue that we should hold on to the difference-making criterion and give up the plural harm principle. I offer an explanation of why Parfit’s and Feit’s plural harm approach seems attractive. Finally, I argue that the consequences of giving up the plural harm principle and holding on to the simple comparative counterfactual analysis of harm are less radical than we may think, in relation to questions about wrongness and responsibility. (shrink)

This paper explores “existential envy” as a kind of envy in which the subject targets the rival’s entire being rather than one of her possessions, achievements or talents. It argues that existential envy is characterized by a weakening of the distinction between good and rival and by a strong focus on the envious self. In existential envy, the subject becomes aware that another person is closer to her ideal self than she is, such that the rival painfully reminds her of (...) unfulfilled but now unrealizable possibilities inherent to her being. After motivating the topic in the introduction (section 1), the paper analyzes the intentional object of existential envy, i.e., of what it means that the envier targets the other’s being (section 2). The next section explores existential envy’s focus on the self by examining the series of feelings of diminution in the envier’s own value (section 3). The paper then turns to the set of comparisons between the self and the other and the counterfactual thought “I could have been you!” which is shown to be definitory of this type of envy (section 4). In the final part of the paper, the relation between the envier’s bad self-image, self-reproach, and self-deception is discussed (section 5), before the main findings are summarized in the conclusion (section 6). (shrink)

In this paper, I engage the debate on Suits’ theory of games by providing a Kantian view of Utopia. I argue that although the Kantian aspects of Suits’ approach are often overlooked in comparison to its Socratic-Platonic aspects, Kant’s ideas play a fundamental role in Suits’ proposal. In particular, Kant’s concept of ‘regulative idea’ is the basis of Suits’ Utopia. I regard Utopia as Suits’ regulative idea on game playing. In doing so, I take Utopia to play a double (...) role in Suits’ theory of games. First, it highlights the primary condition of possibility of game-playing, namely, the lusory attitude. Second, it provides a normative criterion that serves as a critical principle to evaluate instances of game playing and as a counterfactual assumption that makes game playing possible. I provide further support for my Kantian interpretation of Suits’ Utopia by bringing to light the anthropological assumptions upon which Utopia is built. In doing so, I argue that both Suits’ theory of games, in general, and his Utopia, in particular, lay out the conditions of possibility of game playing, not an analysis on the life most worth living. (shrink)

Comparisons of rival explanations or theories often involve vague appeals to explanatory power. In this paper, we dissect this metaphor by distinguishing between different dimensions of the goodness of an explanation: non-sensitivity, cognitive salience, precision, factual accuracy and degree of integration. These dimensions are partially independent and often come into conflict. Our main contribution is to go beyond simple stipulation or description by explicating why these factors are taken to be explanatory virtues. We accomplish this by using the contrastive-counterfactual (...) approach to explanation and the view of understanding as an inferential ability. By combining these perspectives, we show how the explanatory power of an explanation in a given dimension can be assessed by showing the range of answers it provides to what-if-things-had-been-different questions and the theoretical and pragmatic importance of these questions. Our account also explains intuitions linking explanation to unification or to exhibition of a mechanism. (shrink)

This article addresses the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world (...) a world where there was no such interaction, this article maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

This thesis extends Kit Fine's truthmaker semantics for counterfactuals to indicative conditionals. First, I provide Fine's truthmaker semantics and his extension to counterfactuals. Then I introduce a notion of context state into the semantics and provide the verification-conditions for indicative conditionals by employing this notion of context state. Afterwards, I turn to the logic of indicative conditionals under exact semantics and discuss the principles and inference rules which raise disagreements between variably strict and strict conditionals accounts. The account I provide (...) shows its promise by validating a plausible combination of principles and strikes a balance between variably strict and strict conditional theories. I discuss certain principles in logic of indicative conditionals under exact semantics in detail and show how the present account validates the plausible combination of them. In the end, I draw comparisons between the viable theories for indicatives and the present one, and argue that the present account takes the advantage in several respects. (shrink)

The paper clarifies and defends the orthodox view that counterfactual conditionals with impossible antecedents are vacuously true against recent criticisms. It argues that apparent counterexamples to orthodoxy result from uncritical reliance on a fallible heuristic used in the processing of conditionals. A comparison is developed between such counterpossibles and vacuously true universal generalizations.

As in science and philosophy, thought experiments in mathematics link a problem to new epistemic resources that are unavailable in a given practice, e.g., Euclidean geometry. Thought experiments invite us to perform an imaginary scenario involving counterfactual, deductive and sensory elements. This chapter aims to pinpoint the beneficial peculiarities of thought experiments in mathematics in comparison with inferences, diagrams and calculative procedures. Reflection about thought experiments assists us to realize both the limits and opportunities in mathematical thinking. Henceforth, (...) the analysis of examples suggests a broader understanding of mathematical, thought and experiment. (shrink)

Neurath’s scientific utopianism is the proposal that the social sciences should engage in the elaboration, development, and comparison of counterfactual scenarios, the ‘utopias’. Such scenarios can be understood as centerpieces of scientific thought experiments, that is, in exercises of imagination that not only promote conceptual revision, but also stimulate creativity to deal with experienced problems, as utopias are efforts to imagine what the future could look like. Moreover, utopian thought experiments can offer scientific knowledge to inform political debates (...) and decisions, contributing to the shaping of society. This essay reconstructs a historical event as an example of Neurath’s utopianist methodology. In the late 1970s and early 1980s, a scientific and political commission appointed by the Western German Parliament devised and compared four scenarios for future energetic-economic policies. Conclusions of the commission informed political decisions that put Western (later reunified) Germany in a route towards becoming a green industrial power. A fundamental part of the commission’s work involved an appeal to imagination, allowing for the characterization under Neurath’s methodology. (shrink)

In his 1998 book Heterocosmica: Fiction and Possible Worlds, Lubomír Doležel put forth a theory of narrative fiction based on the interdisciplinary framework of possible worlds. In Possible Worlds of Fiction and History: The Postmodern Stage, Doležel takes his earlier theory further and applies it to historiography as well, with the specific aim of showing how the study of history might be defended against the postmodern challenge via the use of possible worlds semantics. Doležel's book is essentially an argument against (...) the postmodern views expressed by Roland Barthes and Hayden White, who have claimed that fundamentally, there is no difference between fictional and historical narratives. According to Doležel, this difference can be saved if the focus of attention is shifted from the textual features of these narratives to the fictional or historical worlds that the narratives project.Doležel's comparison of fictional and historical worlds to each other is quite illuminating and thorough. However, the question remains whether the application of PW semantics does anything besides offering a detailed analysis of the structure of the different types of narrative worlds. After all, one should not overlook the perhaps more practical way of differentiating between historical and fictional narratives through their institutional status. Furthermore, we argue that by focusing on the properties of the end products, that is, the resulting narratives, Doležel concedes too much to postmodernists. A stronger way to give postmodernists a taste of their own medicine would be to argue that the rules that historians follow in the process of generating, constructing, and evaluating weighed causal explanations are fundamentally different from whatever rules govern the generation and construction of fiction. (shrink)

It is a truism to say that we live in a world that has been deeply shaped by imperialism. The history of humanity is, in many ways, a story of the attempted and achieved subjugation of one people by another, and it is unsurprising that such interaction has had profound effects on the contemporary world, affecting cultural understandings of community identity; the composition of, and boundaries between, modern day states; and the distribution of resources between different communities. This chapter addresses (...) the claim that some contemporary states may possess obligations to pay reparations as a result of the lasting effects of a particular form of historic imperialism: colonialism. Claims about the harms and benefits caused by colonialism must make some kind of comparison between the world as it currently is, and a counterfactual state where the injustice which characterised so much of historic interaction between colonisers and the colonised did not occur. Rather than imagining a world where there was no such interaction, this chapter maintains that the appropriate counterfactual is one where relations between different communities were characterized by an absence of domination and exploitation. This means that current day states may possess reparative duties which are much more extensive than is often supposed. (shrink)

Many philosophical theories make comparisons between objects, events, states of affairs, worlds, or systems, and many such theories deliver plausible verdicts only if some of the elements they compare are ranked as ‘best.’ When the relevant ordering does not have such ‘best’ or ‘tied for best’ elements the theory wrongly falls silent or gives badly counterintuitive results. This paper develops ordering supervaluationism---a very general technique that allows any such theory to handle these problematic cases. Just as ordinary supervaluation helps us (...) save and generalize ‘uniqueness assuming’ theories, ordering supervaluationism helps us save and generalize ‘limit assuming’ theories. With so many otherwise attractive limit assuming theories, this is a sensible, methodologically conservative approach. (shrink)

This book provides a systematic defense of moral contractarianism as a distinct approach to the social contract. It elucidates, in comparison to moral conventionalism and moral contractualism, the distinct features of moral contractarianism, its scope, and conceptual and practical challenges that concern the relationship between morality and self-interest, the problems of assurance and compliance, rule-following, counterfactualism, and the nexus between morals and politics. It argues that, if appropriately conceived, moral contractarianism is conceptually coherent, empirically sound, and practically relevant, and (...) has much to offer to contemporary moral philosophy. (shrink)

In this paper we argue that transparency of machine learning algorithms, just as explanation, can be defined at different levels of abstraction. We criticize recent attempts to identify the explanation of black box algorithms with making their decisions (post-hoc) interpretable, focusing our discussion on counterfactual explanations. These approaches to explanation simplify the real nature of the black boxes and risk misleading the public about the normative features of a model. We propose a new form of algorithmic transparency, that consists (...) in explaining algorithms as an intentional product, that serves a particular goal, or multiple goals (Daniel Dennet’s design stance) in a given domain of applicability, and that provides a measure of the extent to which such a goal is achieved, and evidence about the way that measure has been reached. We call such idea of algorithmic transparency “design publicity.” We argue that design publicity can be more easily linked with the justification of the use and of the design of the algorithm, and of each individual decision following from it. In comparison to post-hoc explanations of individual algorithmic decisions, design publicity meets a different demand (the demand for impersonal justification) of the explainee. Finally, we argue that when models that pursue justifiable goals (which may include fairness as avoidance of bias towards specific groups) to a justifiable degree are used consistently, the resulting decisions are all justified even if some of them are (unavoidably) based on incorrect predictions. For this argument, we rely on John Rawls’s idea of procedural justice applied to algorithms conceived as institutions. (shrink)

This article reviews research on counterfactual, social, and temporal comparisons and proposes a Reflection and Evaluation Model (REM) as an organizing framework. At the heart of the model is the assertion that 2 psychologically distinct modes of mental simulation operate during comparative thinking: reflection, an experiential (“as if”) mode of thinking characterized by vividly simulating that information about the comparison standard is true of, or part of, the self; and evaluation, an evaluative mode of thinking characterized by the (...) use of information about the standard as a reference point against which to evaluate one’s present standing. Reflection occurs when information about the standard is included in one’s self-construal, and evaluation occurs when such information is excluded. The result of reflection is that standard–consistent cognitions about the self become highly accessible, thereby yielding affective assimilation; whereas the result of evaluation is that comparison information is used as a standard against which one’s present standing is evaluated, thereby yielding affective contrast. The resulting affect leads to either an increase or decrease in behavioral persistence as a function of the type of task with which one is engaged, and a combination of comparison-derived causal inferences and regulatory focus strategies direct one toward adopting specific future action plans. (shrink)

In the last decade, philosophers have offered a number of proposals concerning the logical form of hypothetical cases, or thought experiments, as these are used for purposes of testing philosophical claims. In this paper, I discuss what the desiderata for a formal proposal are. Employing a comparison with general philosophy of science, I suggest that one important desideratum is to highlight recurrent patterns of disagreement surrounding cases. I advocate a proposal in propositional modal logic which, I argue, better meets (...) this desideratum than competing proposals. I also sketch how this proposal may be extended into more fine grained analyses, employing counterfactual conditionals yet avoiding certain problems due to so-called "deviant realizations". (shrink)

“Frankfurt-style cases” are widely considered as having refuted the Principle of Alternate Possibilities by presenting cases in which an agent is morally responsible even if he could not have done otherwise. However, Neil Levy has recently argued that FSCs fail because our intuitions about cases involving counterfactual interveners are inconsistent, and this inconsistency is best explained by the fact that our intuitions about such cases are grounded in an internalist prejudice about the location of mental states and capacities. In (...) response to this challenge, we argue that there is no inconsistency in our intuitions about cases involving CIs, as soon as we draw the comparison properly, and that intuitions about such cases do not rest on an internalist prejudice, but on a more basic distinction between two kinds of dispositions. Additionally, we discus... (shrink)

In the last decade, philosophers have offered a number of proposals concerning the logical form of hypothetical cases, or thought experiments, as these are used for purposes of testing philosophical claims. In this paper, I discuss what the desiderata for a formal proposal are. Employing a comparison with general philosophy of science, I suggest that one important desideratum is to highlight recurrent patterns of disagreement surrounding cases. I advocate a proposal in propositional modal logic which, I argue, better meets (...) this desideratum than competing proposals. I also sketch how this proposal may be extended into more fine grained analyses, employing counterfactual conditionals yet avoiding certain problems due to so-called "deviant realizations". (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

This article on the epistemology of computational models stems from an analysis of the Gaia hypothesis (GH). It begins with James Kirchner’s criticisms of the central computational model of GH: Daisyworld. Among other things, the model has been criticized for being too abstract, describing fictional entities (fictive daisies on an imaginary planet) and trying to answer counterfactual (what-if) questions (how would a planet look like if life had no influence on it?). For these reasons the model has been considered (...) not testable and therefore not legitimate in science, and in any case not very interesting since it explores non actual issues. This criticism implicitly assumes that science should only be involved in the making of models that are ‘‘actual’’ (by opposition to what-if) and ‘‘specific’’ (by opposition to abstract). I challenge both of these criticisms in this article. First by showing that although the testability—understood as the comparison of model output with empirical data—is an important procedure for explanatory models, there are plenty of models that are not testable. The fact that these are not testable (in this restricted sense) has nothing to do with their being ‘‘abstract’’ or ‘‘what-if’’ but with their being predictive models. Secondly, I argue that ‘‘abstract’’ and ‘‘what-if’’ models aim at (respectable) epistemic purposes distinct from those pursued by ‘‘actual and specific models’’. Abstract models are used to propose how-possibly explanation or to pursue theorizing. What-if models are used to attribute causal or explanatory power to a variable of interest. The fact that they aim at different epistemic goals entails that it may not be accurate to consider the choice between different kinds of model as a ‘‘strategy‘‘. (shrink)