Decision theory has at its core a set of mathematical theorems that connect rational preferences to functions with certain structural properties. The components of these theorems, as well as their bearing on questions surrounding rationality, can be interpreted in a variety of ways. Philosophy’s current interest in decision theory represents a convergence of two very different lines of thought, one concerned with the question of how one ought to act, and the other concerned with the question of what (...) action consists in and what it reveals about the actor’s mental states. As a result, the theory has come to have two different uses in philosophy, which we might call the normative use and the interpretive use. It also has a related use that is largely within the domain of psychology, the descriptive use. This essay examines the historical development of decision theory and its uses; the relationship between the norm of decision theory and the notion of rationality; and the interdependence of the uses of decision theory. (shrink)

The content of our propositional attitudes is often characterized by assigning them abstract entities, namely propositions. In decision theory the attitudes are also assigned numerical measures. It may thus be asked how assignments of these two types are related to each other — both metaphysically and structurally. In the first section of this paper I argue for the importance of this question and I review Davidson’s unified account of decision theory and radical interpretation as a failed attempt to (...) answer it. Then, in the main part of the paper, I present a unified measurement-theoretic account of linguistic meaning, propositional mental content, and action, an account that avoids the difficulties of Davidson’s picture. Thus in the second section I outline two theoretical preliminaries (the representational theory of measurement and Savage’s decision theory), in the third section I present the proposed novel account, and in the fourth section I defend it against various objections. (shrink)

:This paper explores the contrast between mentalistic and behaviouristic interpretations of decision theory. The former regards credences and utilities as psychologically real, while the latter regards them as mere representations of an agent's preferences. Philosophers typically adopt the former interpretation, economists the latter. It is argued that the mentalistic interpretation is preferable if our aim is to use decision theory for descriptive purposes, but if our aim is normative then the behaviouristic interpretation cannot be dispensed with.

This paper takes issue with an influential interpretationist argument for physicalism about intentionality based on the possibility of radical interpretation. The interpretationist defends the physicalist thesis that the intentional truths supervene on the physical truths by arguing that it is possible for a radical interpreter, who knows all of the physical truths, to work out the intentional truths about what an arbitrary agent believes, desires, and means without recourse to any further empirical information. One of the most compelling arguments for (...) the possibility of radical interpretation, associated most closely with David Lewis and Donald Davidson, gives a central role to decision theoretic representation theorems, which demonstrate that if an agent’s preferences satisfy certain constraints, it is possible to deduce probability and utility functions that represent her beliefs and desires. We argue that an interpretationist who wants to rely on existing representation theorems in defence of the possibility of radical interpretation faces a trilemma, each horn of which is incompatible with the possibility of radical interpretation. (shrink)

Decision Theory and Rationality offers a challenging new interpretation of a key theoretical tool in the human and social sciences. This accessible book argues, contrary to orthodoxy in politics, economics, and management science, that decision theory cannot provide a theory of rationality.

The paper argues that on three out of eight possible hypotheses about the EPR experiment we can construct novel and realistic decision problems on which (a) Causal Decision Theory and Evidential Decision Theory conflict (b) Causal Decision Theory and the EPR statistics conflict. We infer that anyone who fully accepts any of these three hypotheses has strong reasons to reject Causal Decision Theory. Finally, we extend the original construction to show that anyone who gives any (...) of the three hypotheses any non-zero credence has strong reasons to reject Causal Decision Theory. However, we concede that no version of the Many Worlds Interpretation (Vaidman, in Zalta, E.N. (ed.), Stanford Encyclopaedia of Philosophy 2014) gives rise to the conflicts that we point out. (shrink)

This paper is about two requirements on wish reports whose interaction motivates a novel semantics for these ascriptions. The first requirement concerns the ambiguities that arise when determiner phrases, such as definite descriptions, interact with ‘wish’. More specifically, several theorists have recently argued that attitude ascriptions featuring counterfactual attitude verbs license interpretations on which the determiner phrase is interpreted relative to the subject’s beliefs. The second requirement involves the fact that desire reports in general require decision-theoretic notions for their (...) analysis. The current study is motivated by the fact that no existing account captures both of these aspects of wishing. I develop a semantics for wish reports that makes available belief-relative readings but also allows decision-theoretic notions to play a role in shaping the truth conditions of these ascriptions. The general idea is that we can analyze wishing in terms of a two-dimensional notion of expected utility. (shrink)

Most philosophical decision theorists and philosophers of the social sciences believe that decision theory is and should be in the business of providing folk psychological explanations of choice behaviour, and that it can only do so if we understand the preferences, utilities and probabilities that feature in decision-theoretic models as ascriptions of mental states not reducible to choice. The behavioural interpretation of preference and related concepts, still common in economics, is consequently cast as misguided. This paper argues (...) that even those who strive to provide folk psychological explanations should side with the economists, and adopt a behavioural interpretation of the preferences featuring in decision-theoretic models. Under a mentalistic interpretation of preference, decision-theoretic models do not straightforwardly provide ordinary folk psychological explanations. Instead, they involve controversial enough commitments about the mental causes of choice to not only fail to adequately capture much unreflective decision-making, but also many intentional, reason-based and instrumentally rational choices. Satisfactory folk psychological explanation in fact only comes indirectly from inferring more fundamental conative attitudes from a pattern of decision-theoretic preferences. And the behavioural interpretation does a better job at facilitating such inferences. My argument extends to the related concepts of utility and probability. (shrink)

I apply some of the lessons from quantum theory, in particular from Bell’s theorem, to a debate on the foundations of decision theory and causation. By tracing a formal analogy between the basic assumptions of causal decision theory (CDT)—which was developed partly in response to Newcomb’s problem— and those of a local hidden variable theory in the context of quantum mechanics, I show that an agent who acts according to CDT and gives any nonzero credence to some possible (...) causal interpretations underlying quantum phenomena should bet against quantum mechanics in some feasible game scenarios involving entangled systems, no matter what evidence they acquire. As a consequence, either the most accepted version of decision theory is wrong, or it provides a practical distinction, in terms of the prescribed behaviour of rational agents, between some metaphysical hypotheses regarding the causal structure underlying quantum mechanics. (shrink)

Standard decision theory, or rational choice theory, is often interpreted to be a theory of instrumental rationality. This dissertation argues, however, that the core requirements of orthodox decision theory cannot be defended as general requirements of instrumental rationality. Instead, I argue that these requirements can only be instrumentally justified to agents who have a desire to have choice dispositions that are stable over time and across different choice contexts. Past attempts at making instrumentalist arguments for the core requirements (...) of decision theory fail due to a pervasive assumption in decision theory, namely the assumption that the agent’s preferences over the objects of choice – be it outcomes or uncertain prospects – form the standard of instrumental rationality against which the agent’s actions are evaluated. I argue that we should instead take more basic desires to be the standard of instrumental rationality. But unless agents have a desire to have stable choice dispositions, according to this standard, instrumental rationality turns out to be more permissive than orthodox decision theory. (shrink)

Decision theory aims at explaining and predicting rational choice behavior. But ample empirical evidence suggests that descriptively, people’s actual choices do not conform to its predictions in various ways. Some of the counter-evidence, such as anomaly cases proposed by Amartya Sen, challenges even the normative adequacy of decision theory. My dissertation defends it as a normative theory while also offering a novel explanation of why it fails descriptively. Contrary to the Sen-style critique, I argue that decision theory (...) is unimpeachable as a norm or logic of choice. Human decisions do not range over the kinds of objects that philosophers and economists normally assume that they range over. Instead, they range over much finer grained outcomes, what I call “holistic outcomes.” A holistic outcome reflects everything that affects a decision, including the full range of one’s values and the particularities of a choice context. Appreciating that decisions are made over holistic possibilities has important consequences for how we understand decision theory both as a normative and descriptive theory. My dissertation aims at establishing that objects of preference are fine-grained and that human decisions range over holistic outcomes, and then tracing out the consequences of this insight. (shrink)

In general, the technical apparatus of decision theory is well developed. It has loads of theorems, and they can be proved from axioms. Many of the theorems are interesting, and useful both from a philosophical and a practical perspective. But decision theory does not have a well agreed upon interpretation. Its technical terms, in particular, ‘utility’ and ‘preference’ do not have a single clear and uncontroversial meaning. How to interpret these terms depends, of course, on what purposes in (...) pursuit of which one wants to put decision theory to use. One might want to use it as a model of economic decision-making, in order to predict the behavior of corporations or of the stock market. In that case, it might be useful to interpret the technical term ‘utility’ as meaning money profit. Decision theory would then be an empirical theory. I want to look into the question of what ‘utility’ could mean, if we want decision theory to function as a theory of practical rationality. I want to know whether it makes good sense to think of practical rationality as fully or even partly accounted for by decision theory. I shall lay my cards on the table: I hope it does make good sense to think of it that way. For, I think, if Humeans are right about practical rationality, then decision theory must play a very large part in their account. And I think Humeanism has very strong attractions. (shrink)

We present a theoretical discussion of the sociological contribution concerning decisions in organizations. Two theories stand. The first, based on the decision process from a critical theory of the traditional linear multi rational by Lucien Sfez, argues that the decision is a process of interactions and treats it as an institutional process based on the freedom of the subject. The second theory based on self-referential systems by Niklas Luhmann, interprets organizations as systems-making, and understands the concept of (...) class='Hi'>decision as purely epistemological specificity, abstracted from the decision of all the elements and organizational variables associated with it. Se expone un debate teórico sobre la aportación sociológica referente a las decisiones en las organizaciones. Sobresalen dos teorías de las decisiones. La primera, basada en el proceso de decisión a partir una teoría crítica de la multirracionalidad lineal elaborado por Lucien Sfez, al plantear que con la decisión se trata de un proceso de interacciones, al ser considerada como un proceso institucional fundamentado en la libertad del sujeto. La segunda fundamentada en la teoría de sistemas autorreferenciales, interpreta las organizaciones como sistemas de decisiones y entiende el concepto de decisión en su especificidad puramente epistemológica, al abstraer de la decisión de todos los elementos y variables organizacionales relacionados con ella (Niklas Luhmann). (shrink)

Judgementalism is an interpretation of normative decision theory according to which preferences are all-things-considered judgements of relative desirability, and the only attitudes that rationally constrain choice. The defence of judgementalism we find in Richard Bradley’s Decision Theory with a Human Face relies on a kind of internalism about the requirements of rationality, according to which they supervene on an agent’s mental states, and in particular those she can reason from. I argue that even if we grant such internalism, (...) attitudes other than preferences in the judgementalist sense rationally constrain choice. This ultimately supports a different interpretation of preference. (shrink)

An extended analysis is given of the program, originally suggested by Deutsch, of solving the probability problem in the Everett interpretation by means of decision theory. Deutsch's own proof is discussed, and alternatives are presented which are based upon different decision theories and upon Gleason's Theorem. It is argued that decision theory gives Everettians most or all of what they need from `probability'. Contact is made with Lewis's Principal Principle linking subjective credence with objective chance: an Everettian (...) Principal Principle is formulated, and shown to be at least as defensible as the usual Principle. Some consequences of (Everettian) quantum mechanics for decision theory itself are also discussed. -/- [NB: this this long (70 pages) and occasionally rambling online-only paper has been almost entirely superseded by material in subsequent; if something is not included in them it usually means that I have had second thoughts. I include it for completeness only. (shrink)

In this paper, I examine the decision-theoretic status of risk attitudes. I start by providing evidence showing that the risk attitude concepts do not play a major role in the axiomatic analysis of the classic models of decision-making under risk. This can be interpreted as reflecting the neutrality of these models between the possible risk attitudes. My central claim, however, is that such neutrality needs to be qualified and the axiomatic relevance of risk attitudes needs to be re-evaluated (...) accordingly. Specifically, I highlight the importance of the conditional variation and the strengthening of risk attitudes, and I explain why they establish the axiomatic significance of the risk attitude concepts. I also present several questions for future research regarding the strengthening of risk attitudes. (shrink)

A major problem facing no-collapse interpretations of quantum mechanics in the tradition of Everett is how to understand the probabilistic axiom of quantum mechanics (the Born rule) in the context of a deterministic theory in which every outcome of a measurement occurs. Deutsch claims to derive a decision-theoretic analogue of the Born rule from the non-probabilistic part of quantum mechanics and some non-probabilistic axioms of classical decision theory, and hence concludes that no probabilistic axiom is needed. I argue (...) that Deutsch’s derivation begs the question. (shrink)

Decision theorists and philosophers of language have a lot to learn from one another. In the first of this two-part series, Anna Mahtani looks at the use and interpretation of credences and preferences.

We argue that causal decision theory is no worse off than evidential decision theory in handling entanglement, regardless of one’s preferred interpretation of quantum mechanics. In recent works, Ahmed and Ahmed and Caulton : 4315–4352, 2014) have claimed the opposite; we argue that they are mistaken. Bell-type experiments are not instances of Newcomb problems, so CDT and EDT do not diverge in their recommendations. We highlight the fact that a Causal Decision Theorist should take all lawlike correlations (...) into account, including potentially acausal entanglement correlations. This paper also provides a brief introduction to CDT with a motivating “small” Newcomb problem. The main point of our argument is that quantum theory does not provide grounds for favouring EDT over CDT. (shrink)

We argue that causal decision theory is no worse off than evidential decision theory in handling entanglement, regardless of one’s preferred interpretation of quantum mechanics. In recent works, Ahmed and Ahmed and Caulton : 4315–4352, 2014) have claimed the opposite; we argue that they are mistaken. Bell-type experiments are not instances of Newcomb problems, so CDT and EDT do not diverge in their recommendations. We highlight the fact that a Causal Decision Theorist should take all lawlike correlations (...) into account, including potentially acausal entanglement correlations. This paper also provides a brief introduction to CDT with a motivating “small” Newcomb problem. The main point of our argument is that quantum theory does not provide grounds for favouring EDT over CDT. (shrink)

My dissertation focuses on problems that arise when a group makes decisions that are in reasonable ways connected to the beliefs and values of the group members. These situations are represented by models of decision-theoretic aggregation: Suppose a model of individual rationality in decision-making applies to each of a group of agents. Suppose this model also applies to the group as a whole, and that this group model is aggregated from the individual models. Two questions arise. First, what (...) sets of reasonable conditions can we consistently impose on the aggregation? Second, what can we learn from insights gained in such models, in particular for ethics and political philosophy? The dissertation has three parts, each using a different model of individual rationality. Each part contains essays addressing questions of either the first or the second kind with regard to its underlying model. Part I uses a social-choice-theoretic model, in which agents are only assumed to rank alternatives. Arrow's "Impossibility Theorem" shows that certain conditions that it would be natural to impose on all aggregation cannot be so imposed, on pain of contradiction. I discuss the impact of this result on the evaluation of majority rule and on democratic theory. I also discuss Sen's "Liberal Paradox", which addresses the possibility of incorporating rights into a social-choice theoretic model. Part II uses the von Neumann/Morgenstern theory of expected utility. A result under this model has been regarded as providing an argument for utilitarianism. I locate a place within utilitarianism where the theorem can do some work. To prepare the ground, I interpret the von Neumann/Morgenstern theory as part of a theory of deliberation. Thereby, this version of expected utility theory can be embedded into the philosophy of practical reasoning. The underlying model in Part III is Bayesian decision theory. Whereas the other two inquiries focus on the philosophical assessment of formal results, the third makes a formal contribution. One essay surveys the area, and a second explores a curious phenomenon that occurs in determining outcomes under one type of Bayesian aggregation. (shrink)

In this paper I explore a version of standard (expected utility) decision theory in which the probability parameter is interpreted as an objective chance believed by agents to obtain and values of this parameter are fixed by indicative conditionals linking possible actions with possible outcomes. After reviewing some recent developments centering on the common-cause counterexamples to the standard approach, I introduce and briefly discuss the key notions in my own approach. (This approach has essentially the same results as the (...) causal approach in common-cause cases.) I then discuss the Rule of Dominance and find, in the context of the present proposal, that it cannot serve as an independent source of action justification. Turning next to Newcomb''s Problem, I argue that the much discussed issue of back-tracking counterfactuals is something of a red herring for decision theory. Once the twin distractions of back-tracking counterfactuals and Dominance Reasoning are set aside the 1-box solution emerges as a natural consequence of the present proposal. It is of interest that this proposal agrees with the causal approach in the standard common-cause examples and the expected-utility approach in the Newcomb case: one can be smart and rich and keep on smoking. (shrink)

This dissertation interprets the lack of uniqueness in probability representations of agents' degrees of belief in the decision theory of Richard Jeffrey as a formal statement of an important epistemological problem: the underdetermination of our attributions of belief and desire to agents by the evidence of their observed behaviour. A solution is pursued through investigation of agents' attitudes to information of a conditional nature. ;As a first step, Jeffrey's theory is extended to agents' conditional attitudes of belief and desire (...) by introduction of a definition of conditional desirability. The second step is an analysis of agents' attitudes to conditionals. Following Adams it is argued that the probability of a conditional is the conditional probability of its consequent given the antecedent. Since numerous 'trivialization' results show that no proposition could be such that this were the case, it is proposed that conditionals express a variable proposition as a function of the context in which they are asserted. The consequent technical treatment of conditionals as proposition-valued functions of sets of possible worlds delivers Adams' thesis as a natural consequence without fear of trivialization. ;Conditionals are the underlying objects of the decision theory that is presented in the final chapter. A representation theorem is proven for preferences defined over sets of such conditionals satisfying certain closure conditions, where an agent is understood to prefer one conditional over another just in case she prefers that the former by true rather than the latter. The theorem establishes that a rational preference ranking of conditionals implies the existence of a unique probability function and a desirability function unique up to choice of scale, that agree with the preference ranking, and that these functions satisfy both the axioms of Jeffrey's decision calculus and Adams' thesis. The theorem is interpreted as saying that elicitation of an agent's choices amongst conditional options suffices to determine our attributions of belief and desire to them. (shrink)

Common probability theories only allow the deduction of probabilities by using previously known or presupposed probabilities. They do not, however, allow the derivation of probabilities from observed data alone. The question thus arises as to how probabilities in the empirical sciences, especially in medicine, may be arrived at. Carnap hoped to be able to answer this question byhis theory of inductive probabilities. In the first four sections of the present paper the above mentioned problem is discussed in general. After a (...) short presentation of Carnap''s theory it is then shown that this theory cannot claim validity for arbitrary random processes. It is suggested that the theory be only applied to binomial and multinomial experiments. By application of de Finetti''s theorem Carnap''s inductive probabilities are interpreted as consecutive probabilities of the Bayesian kind. Through the introduction of a new axiom the decision parameter can be determined even if no a priori knowledge is given. Finally, it is demonstrated that the fundamental problem of Wald''s decision theory, i.e., the determination of a plausible criterion where no a priori knowledge is available, can be solved for the cases of binomial and multinomial experiments. (shrink)

The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts (antagonisms) which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all (...) judicial decisions as having a double nature—juridical and political. Cloaked in legal form, judgments nonetheless decide on individual instances of on-going collective conflicts, opposing workers to employers, consumers to traders, tenants to landlords, moral progressives to traditionalists, minorities to majorities and so forth. Judges, when handing down judgments, enjoy a ‘relative sovereignty’, being always already inscribed into the institutional imperatives of the juridical, on one hand, and ideological influences, on the other, but at the same time called upon to decide in the terrain of the undecidable and contingent (after all, law does not ‘apply itself’ on its own). Indeed the determinacy of legal decisions is only relative: in many cases judges can, by performing a sufficient amount of legal interpretive work, reach a conclusion which will be different from theprima facieinterpretation. The collective conflicts of a various nature (economic, ideological, socio-political), once they are juridified, become the object of judicial decisions which, in light of Mouffe’s theory, can be seen as temporary hegemonic fixations. The goal of critical legal scholarship is to destabilise such hegemonies in the name of justice. This can be done not only through an external critique of the law, but also through an internal one. The methodological approach advanced in the latter part of the paper emphasises the need for a critique of judicial decisions based on the consideration of all possible alternative decisions a court could have reached, and their evaluation in the light of conflicting interests and ideologies. (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)

I argue that disputes within constitutional theory about whether recent supreme court decisions exceed the scope of legitimate judicial review and disputes within legal theory about the nature and determinacy of law are best seen and assessed as disputes over the nature of legal interpretation. I criticize the interpretive assumptions on which these disputes generally depend and defend a theory of interpretation which tends to vindicate the determinacy of law even in hard cases and the style of recent court (...) decisions which many critics find troublesome. (shrink)

It is typically assumed that while we know other people’s mental states by observing and interpreting their behavior, we know our own mental states by introspection, i.e., without interpreting ourselves. In his latest book, The opacity of mind: An integrative theory of self-knowledge, Peter Carruthers (2011) argues against this assumption. He holds that findings from across the cognitive sciences strongly suggest that self-knowledge of conscious propositional attitudes such as intentions, judgments, and decisions involves a swift and unconscious process of self-interpretation (...) that utilizes the same sensory channels that we employ when working out other people’s mental states. I provide an overview of Carruthers’ book before discussing a pathological case that challenges his account of self-knowledge and mentioning empirical evidence that undermines his use of a particular kind of data in his case against introspection of conscious attitudes. (shrink)

The paper reviews links between Bernard Lonergan's theory of innovative economic growth and cycles, and the ideas of Friedrich Hayek, John Maynard Keynes, and Joseph Schumpeter. They were contemporary economists, who remain influential today. For Lonergan, although markets define what is bought and sold in an exchange economy, production decisions are more fundamental. These decisions are choices about the direction of development, the standard of living, and variations in the distribution of wealth in a modern society. The paper shows how (...) Lonergan's pure cycle theory extends mainstream theory to include a broader view of human behaviour and choice. (shrink)

The central problem of the dissertation concerns the possibility of a distinction between truth-evaluable and non-truth-evaluable utterances of a natural language. The class of truth-evaluable utterances includes assertions, con. ectures and other kinds of speech act susceptible of truth evaluation. The class of non-truth-evaluable utterances includes commands, exhortations, wishes i.e. utterances not evaluated as being true or false. The problem is placed in the context of radical interpretation theory and it shown that it is a substantial problem of Davidson‘s early (...) theory of radical interpret at ion. I consider the possibility of distinguishing between locutionary and illocutionary act in uttering a sentence and its significance in the present project. I discuss the suggestion that the mood of the verb of the sentence signifies the required distinction between truth-evaluable utterances and non-truth-evaluable ones. I argue that no criterion for the distinction based on the mood of the verb is adequate. The solution that I propose to the problem of classifylng truth-evaluable utterances appeals to mental states. The view that grounds this line of inquiry is that the truth-evaluability of an utterance is a characteristic of it exclusively relevant to the doxastic dimension of the speaker’s mind. I discuss the constraints that the nature of radical interpretation puts upon the way we construe the notion of belief. I propose that a possible classification of mental states into doxastic and non-doxastic that would result in a classification of utterances into truth-evaluable and non-truthevaluable ones can be given by an elaborated version of a decision theoretic scheme. I suggest that a decision theoretic scheme based on a decision theory that, like Savage’s theory, grants independence axioms is a better candidate to offer a solution to the central problem of the dissertation than a scheme based on a non- standard decision theory such as Richard Jeffrey’s. I conclude by showing that the proposal I make satisfies the constraints I have considered and that it can be accommodated by a radical interpretation theory. (shrink)

Combining literary and philosophical analysis, this study defends an utterly innovative reading of the early history of poetics. It is the first to argue that there is a distinctively Socratic view of poetry and the first to connect the Socratic view of poetry with earlier literary tradition. Literary theory is usually said to begin with Plato's famous critique of poetry in the Republic. Grace Ledbetter challenges this entrenched assumption by arguing that Plato's earlier dialogues Ion, Protagoras, and Apology introduce a (...) distinctively Socratic theory of poetry that responds polemically to traditional poets as rival theorists. Ledbetter tracks the sources of this Socratic response by introducing separate readings of the poetics implicit in the poetry of Homer, Hesiod, and Pindar. Examining these poets' theories from a new angle that uncovers their literary, rhetorical, and political aims, she demonstrates their decisive influence on Socratic thinking about poetry. The Socratic poetics Ledbetter elucidates focuses not on censorship, but on the interpretation of poetry as a source of moral wisdom. This philosophical approach to interpreting poetry stands at odds with the poets' own theories--and with the Sophists' treatment of poetry. Unlike the Republic's focus on exposing and banishing poetry's irrational and unavoidably corrupting influence, Socrates' theory includes poetry as subject matter for philosophical inquiry within an examined life. Reaching back into what has too long been considered literary theory's prehistory, Ledbetter advances arguments that will redefine how classicists, philosophers, and literary theorists think about Plato's poetics. (shrink)

Aulis Aarnio addresses the question of how legal interpretations should be justified. Aarnio considers a justification to be rational only if the justification process has been conducted in a rational way, and if the final result of this process is acceptable to the legal community. According to Aarnio, a theory concerning the justification of legal interpretations should contain a procedural component specifying the conditions of rationality for legal discussions, and a substantial component specifying the material conditions of acceptability for the (...) final result. The procedural component of Aarnio’s theory formulates rules for the rationality of legal discussions. The substantial component specifies when the result of a legal interpretation can be called acceptable. Aarnio considers such a result acceptable if it is acceptable to a particular legal community in which there is consensus with respect to certain norms and values. (shrink)

We introduce a particular way of drawing the distinction between the use of theory and simulation in the prediction of people's decisions and describe an empirical method to test whether theory or simulation is used in a particular case. We demonstrate this method with two effects of decision making involving the choice between a safe option (take amount X) and a risky option (take double the amount X with probability 1/2). People's predictions of choice frequencies for trivial (€ 0.75) (...) as opposed to substantial (€ 18) amounts in Experiment 1 are quite accurate when they are presented with both conditions juxtaposed but are less accurate when only given one of the conditions. This result is interpreted to speak for the use of theory in prediction. In contrast people's predictions of the framing effect for substantial amounts (more risk seeking for positively than negatively framed problems) are accurate only for independent predictions but not for juxtaposed predictions, which speaks for the use of simulation. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Combining literary and philosophical analysis, this study defends an utterly innovative reading of the early history of poetics. It is the first to argue that there is a distinctively Socratic view of poetry and the first to connect the Socratic view of poetry with earlier literary tradition.Literary theory is usually said to begin with Plato's famous critique of poetry in the Republic. Grace Ledbetter challenges this entrenched assumption by arguing that Plato's earlier dialogues Ion, Protagoras, and Apology introduce a distinctively (...) Socratic theory of poetry that responds polemically to traditional poets as rival theorists. Ledbetter tracks the sources of this Socratic response by introducing separate readings of the poetics implicit in the poetry of Homer, Hesiod, and Pindar. Examining these poets' theories from a new angle that uncovers their literary, rhetorical, and political aims, she demonstrates their decisive influence on Socratic thinking about poetry.The Socratic poetics Ledbetter elucidates focuses not on censorship, but on the interpretation of poetry as a source of moral wisdom. This philosophical approach to interpreting poetry stands at odds with the poets' own theories--and with the Sophists' treatment of poetry. Unlike the Republic's focus on exposing and banishing poetry's irrational and unavoidably corrupting influence, Socrates' theory includes poetry as subject matter for philosophical inquiry within an examined life.Reaching back into what has too long been considered literary theory's prehistory, Ledbetter advances arguments that will redefine how classicists, philosophers, and literary theorists think about Plato's poetics. (shrink)

It is sometimes argued that the fact that possession of perfect knowledge about the future is impossible, means that it is impossible for decisions to be rational. This reasoning is fallacious. If rationality is given a new interpretation, then decisions can be considered rational. A theory of decision that has as its basis Peirce’s theory of abduction can provide a new way of understanding decisions as rational processes. The Peircean theory of decision (i) considers decisions as part of (...) a complete strategy, and (ii) shows that decision making is governed by the same rules as scientific abduction. These rules are neither permissive rules like rules of deductive inference nor predictive like laws of nature, but rather genuine laws of conduct that determine what step should be made, if a given end is to be reached. (shrink)

Decision-making has traditionally been modelled as a serial process, consisting of a number of distinct stages. The traditional account assumes that an agent first acquires the necessary perceptual evidence, by constructing a detailed inner repre- sentation of the environment, in order to deliberate over a set of possible options. Next, the agent considers her goals and beliefs, and subsequently commits to the best possible course of action. This process then repeats once the agent has learned from the consequences of (...) her actions and subsequently updated her beliefs. Under this interpretation, the agent’s body is considered merely as a means to report the decision, or to acquire the relevant goods. However, embodied cognition argues that an agent’s body should be understood as a proper part of the decision-making pro- cess. Accepting this principle challenges a number of commonly held beliefs in the cognitive sciences, but may lead to a more unified account of decision-making. This thesis explores an embodied account of decision-making using a recent frame- work known as predictive processing. This framework has been proposed by some as a functional description of neural activity. However, if it is approached from an embodied perspective, it can also offer a novel account of decision-making that ex- tends the scope of our explanatory considerations out beyond the brain and the body. We explore work in the cognitive sciences that supports this view, and argue that decision theory can benefit from adopting an embodied and predictive perspective. (shrink)

Gambling and Speculation takes the long, historic perspective of its controversial subject. The book offers not only a better understanding of the recent "gambling craze," but also a fundamental inquiry into human nature and the structure of societies. The Brenners argue that the negative image of gamblers and of speculators stems from prejudice, whose roots are in the distant, forgotten past. Legal scholars have frequently confused gambling with speculation and the anti-gambling laws were, at times, erroneously interpreted as implying the (...) prohibitions of contracts in futures and insurance markets. One consequence of all this confusion was that during this century both in the United States and England, the legislation and law on betting and gambling became ambiguous. The authors touch on this issue and make policy recommendations: to abolish restrictions on the industry, diminish the states' role in selling lotteries, and, at the same time, make legal distinctions capable of helping the tiny percentage of players who might be "addicted.". (shrink)

Ethical decision-making theories in behavioural ethics management have been developed through the social sciences, psychology, social psychology, and cognitive neurosciences. These theories are either cognitive, non-cognitive or an integration of both. Other scholars have recommended redefining what ethical means through moral philosophy and theology. Buddhism is a religion, a philosophy, a psychology, an ethical system and an art of living. The divine states in Buddhism are virtues that could be developed by anyone regardless of their religion or non-religion through (...) Buddhist meditation. They are so called because they enable individuals to develop ‘God-like qualities’. The theoretical insights of the divine states indicate how to eliminate negative emotions, such as anger, fear, delusion and envy, by cultivating love and compassion towards both the self and others. Accordingly, this paper contributes to EDM by redefining what ethical means through the meanings managers who practise Buddhist meditation assign to divine states in their lived experience of EDM in organisations in Sri Lanka. The sample consisted of 17 Buddhists, 1 Hindu, 1 Muslim and 1 no-religion. Data were collected using semi-structured in-depth interviews and was analysed with IPA. The findings indicated that how the managers made meaning of an ethical decision was influenced by their loving-kindness, compassion, sympathetic joy and equanimity. The findings also indicated that the managers justified the reasons for their decisions subsequently through the benefits to themselves as well as their employees. Accordingly, this study supports the view that EDM is an integrated approach. (shrink)

Background Non-invasive prenatal testing (NIPT), which can screen for aneuploidies such as trisomy 21, is being implemented in several public healthcare systems across Europe. Comprehensive communication and information have been highlighted in the literature as important elements in supporting women’s reproductive decision-making and addressing relevant ethical concerns such as routinisation. Countries such as England and France are adopting broadly similar implementation models, offering NIPT for pregnancies with high aneuploidy probability. However, we do not have a deeper understanding of how (...) professionals’ counselling values and practices may differ between these contexts. Methods In this paper, we explore how professionals in England and France support patient decision-making in the provision of NIPT and critically compare professional practices and values. We draw on data from semi-structured interviews with healthcare professionals. Results Both English and French professionals emphasised values relating to patient choice and consent. However, understandings and application of these values into the practice of NIPT provision differed. English interviewees placed a stronger emphasis on interpreting and describing the process of counselling patients and clinical care through a “principle” lens. Their focus was on non-directiveness, standardisation, and the healthcare professional as “decision-facilitator” for patients. French interviewees described their approach through a “procedural” lens. Their focus was on formal consent, information, and the healthcare professional as “information-giver”. Both English and French professionals indicated that insufficient resources were a key barrier in effectively translating their values into practice. Conclusion Our findings illustrate that supporting patient choice in the provision of NIPT may be held as an important value in common on a surface level, but can be understood and translated into practice in different ways. Our findings can guide further research and beneficially inform practice and policy around NIPT provision. (shrink)

In a two-tiered, or Dual Oughts, moral theory, the objective account of right and wrong is supplemented by decision guides designed to enable an agent, uncertain about the circumstances or consequences of her possible actions, to indirectly apply the objective theory by using an appropriate decision guide. But are the decision guides counsels of morality or counsels of rationality? Peter Graham argues they are counsels of pragmatic rationality. This paper shows Graham’s view is unsuccessful, and argues, based (...) on the approach recently developed in [Author] that decision guides must be seen as moral principles. An explanation is provided for why we may be tempted to interpret decision guides as principles of rationality. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

Game theory is a branch of mathematics that studies strategic interactions, i.e., interactions which involve more than one agent and in which each agent makes her/his decision while striving to predict the decisions of other agents. Game theory has been successfully applied in many areas of both the natural and social sciences, and it is the belief of this book's author that it can also be gainfully invoked in the area of legal philosophy. In this book, Wojciech Zaluski analyzes (...) legal-philosophical concepts - such as legal interpretation, justice, legal rights, contract law, tort law, and property law - through the lens of game theory. The book appeals mainly to game theory's conceptual rather than the technical side, and intertwines game-theoretical analysis with the philosophical. It will be accessible to a wider circle of readers interested in legal and moral philosophy. (shrink)

Combining two central topics in philosophy in the 20th Century, this book considers the ethics and impact of decision-making alongside the philosophy of time. When we make simple decisions, like the decision to wake up at 8 a.m. tomorrow, we make use of a linear model of the future. But when we make open-ended decisions, like the decision to get fitter, or more involved in politics, we presuppose a much more complex model of the future. We project (...) a variety of virtual futures. We can carry out a decision in many different ways at once, which may converge and diverge at different points in time. Using a phenomenological approach, The Many Futures of a Decision explores what we learn about the structure of the future specifically from decision-making. Most theories of decision concentrate on the rationality: the evidence and value assessments that build up grounds for a rational decision. Instead, this book innovatively engages with the nature of the future as a multi-layered decisions project. Through interpretations of the theories of decision in philosophers like Husserl and Heidegger, Schmitt and Habermas, Derrida and Deleuze, along with other decision theories, Lampert develops an original theory of multiple futures."--Bloomsbury Publishing. (shrink)

Public relations practitioners are uniquely positioned to promote ethical communication and practice. As Kruckeberg (2000) explained, “public relations practitioners-if they prove worthy of the task—will be called upon to be corporate—that is organizational—interpreters and ethicists and social policy-makers, charged with guiding organizational behavior as well as influencing and reconciling public perceptions within a global context (p. 37).” Public relations practitioners, however, may never take an ethics course as a student, receive on-the-job ethical training, or use the many professional codes of (...) ethics available to them. This lack begs the question: How are they tackling the various ethical decisions they face? This study examines how public relations professionals engage in ethical decision making and make meaning of deontological ethical models. Such inquiry regarding ethical decision making may assist public relations practitioners and scholars to better understand themselves, serve society, and advance the communication profession. (shrink)

The central propositional attitudes of belief, desire, and meaning are interdependent; it is therefore fruitless to analyse one or two of them in terms of the others. A method is outlined in this paper that yields a theory for interpreting speech, a measure of degree of belief, and a measure of desirability. The method combines in a novel way features of Bayesean decision theory, and a Quinean approach to radical interpretation.

I argue that the Universal Law formulation of the Categorical Imperative is best interpreted as a test or decision procedure of moral rightness and not as a criterion intended to explain the deontic status of actions. Rather, the Humanity formulation is best interpreted as a moral criterion. I also argue that because the role of a moral criterion is to explain, and thus specify what makes an action right or wrong, Kant's Humanity formulation yields a theory of relevant descriptions.

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of (...) a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role. (shrink)