Imagine a sculptor who molds a lump of clay to create a statue. Hylomorphism claims that the statue and the lump of clay are two different colocated objects that have different forms, even though they share the same matter. Recently, there has been some discussion on the requirements of consistency for hylomorphist theories. In this paper, we focus on an argument presented by Maegan Fairchild, according to which a minimal version of hylomorphism is inconsistent. We argue that the argument is (...) unsound or, at best, it just points to a well-known problem for hylmorphist theories. Additionally, we explore some general consequences of this fact. (shrink)

The article discusses an idea of how to extend the notion of rigidity to predicates, namely the idea that predicates stand in a certain systematic semantic relation to properties, such that this relation may hold rigidly or nonrigidly. The relation (which I call signification) can be characterised by recourse to canonical property designators which are derived from predicates (or general terms) by means of nominalization: a predicate signifies that property which the derived property designator designates. Whether signification divides into (...) rigid and non-rigid cases will then depend uponwhether canonical property designators divide into rigid and non-rigid ones. But, I shall argue, they do not, and so the only notion of rigidity gained this way is trivial. To show this, I first focus on the kind of canonical property designators which could be thought to be nonrigid, canonical designators such as having the colour of ripe tomatoes which themselves contain non-rigid property designators. An argument to the effect that such complex canonical designators are non-rigid is rebutted, five arguments to the effect that they are rigid are formulated, and finally an explanation of their rigidity based on the general nature of canonical property designators is presented. (shrink)

The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...) there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)

E. J. Lowe’s ‘non-Cartesian dualism’ is the widely held view that we and other thinking things are not organisms, but things materially coinciding with or constituted by them. Lowe added to this the claim that we have no parts. This further claim faces obvious and grave objections. His claim (shared by Baker and others) that we have our physical properties only derivatively may seem to offer an answer to these objections. But it introduces new problems, and appears to (...) reduce Lowe’s view to Cartesian dualism. (shrink)

The reason for physics’ failure to find a final theory of the universe is examined. Problems identified are: the lack of unequivocal definitions for its fundamental elements (time, length, mass, electric charge, energy, work, matter-waves); the danger of relying too much on mathematics for solutions; especially as philosophical arguments conclude the universe cannot have a mathematical basis. It does not even need the concept of number to exist. Numbers and mathematics are human inventions arising from the human predilection for measurement. (...) Following Aristotle, a single fundamental cause is proposed to explore the efficacy of using pure non-mathematical philosophy to explain the universe, contrary to current quantum physical views. The cause is taken as Time, which is then defined, surprisingly leading automatically to a definition of a three-dimensional space answering the question into what can a universe be placed (space before space seems non-sensical). This enables the philosophical arguments to derive a universal rule giving clear-cut descriptions (definitions) of force (both gravitational and electromagnetic), motion, energy, and particles. The formation of atomic nuclei and atomic properties together with an unexpected role for neutrinos follow. In particular, a Popper-test can be prepared by introducing the concept of measurement to allow the philosophy arguments to be tested in another discipline - mathematics. The solution agrees with human physical observations to a remarkable degree of accuracy, automatically explaining and predicting values for Planck’s and the fine-structure constants. Although mathematical, it is included as confirming the efficacy of philosophy in attaining a final theory. (shrink)

Spinoza’s conatus doctrine, the main proposition of which claims, “[e]ach thing, to the extent it is in itself, strives [conatur] to persevere in its being” (E3p6), has been the subject of growing interest. This is understandable, for Spinoza’s psychology and ethics are based on this doctrine. In my paper I shall examine the way Spinoza argues for E3p6 in its demonstration which runs as follows: "For singular things are modes by which God’s attributes are expressed in a certain and determinate (...) way (by 1p25c), i.e. (by 1p34), things that express, in a certain and determinate way, God’s power, by which God is and acts. And no thing has anything in itself by which it can be destroyed, or which takes its existence away (by p4). On the contrary, it is opposed to everything which can take its existence away (by p5). Therefore, to the extent it can, and is in itself, it strives to persevere in its being." This argument has been severely criticized for being defective in many ways. E3p6d contains four items, E1p25c, 1p34, 3p4, and 3p5. Most often, only the two last mentioned are regarded as doing any real work in the demonstration. However, I shall argue that having a proper grasp of Spinoza’s concept of power enables us see that the demonstration’s beginning, built on E1p25c and 1p34, brings forth a certain dynamic framework in which finite things are centers of causal power, capable of producing effects in virtue of their essences. My examination of this framework shows the beginning of the demonstration to be irreplaceable: in the end, conatus is one form of power, and E1p25c and 1p34 not only bring the notion of power into play, but also inform us on how finite things’ power should be understood in the monistic system. So, I disagree with such commentators as Jonathan Bennett, Edwin Curley, Daniel Garber, Michael Della Rocca, and Richard Manning, who see Spinoza as trying to derive the conatus doctrine from E3p4 and 3p5 alone; and I agree with Alexandre Matheron, Henry Allison, and Martin Lin, who stress the importance of E1p25c and 1p34. -/- However, this still leaves us the task of reconstructing the whole derivation and showing how its various ingredients fit together. If E1p25c and 1p34 are so important, could E3p6 not be derived from them alone, as Martin Lin has argued? In other words, why are E3p4 and 3p5 needed at all? To answer these questions I shall provide an interpretation of E3p6d that explains how the argument is supposed to work. E1p25c and 1p34 say that finite things are, in essence, dynamic causers, which, in case of opposition, truly resist opposing factors with their power and do not simply cease their causal activities whenever facing obstacles; in other words, they strive against any opposition. However, this is not enough to guarantee that they could not act self-destructively or restrain their own power, which would make them incapable of self-preservation. But this would go against E3p4, “No thing can be destroyed except through an external cause,” and Spinoza uses it to claim, “no thing has anything in itself by which it can be destroyed, or which takes its existence away.” So all this allows Spinoza to hold that finite things are consistent causers, that is, entities endowed with power and, insofar they cause effects solely in virtue of their essence, they never use their power self-destructively. The significance and role of the final item in the demonstration, E3p5 (“Things are of a contrary nature, i.e., cannot be in the same subject, insofar as one can destroy the other”), still needs to be determined. Indeed, considering its content and the way it is used in the demonstration, it seems to be a surprisingly decisive ingredient in the argument. Namely, what “each thing, to the extent it is in itself,” that is, insofar as any thing is considered disregarding everything external to it, strives to preserve, is its being (esse), not simply its present state. This together with E3p5’s view of subjecthood – which I shall explicate in my paper – suggests that we should rethink what kind of “being” or “existence” is meant in E3p6. Indeed, for Spinoza, each subject has a definable essence from which, as far as the subject in question is in itself, certain properties or effects necessarily follow; consequently a subject’s full being involves not only instantiating a certain essence, but also those properties inferable from the essence-expressing definition. Thus, E3p5 is meant to bring forward that things are not merely non-self-destroyers but subjects from whose definitions properties follow; and as Spinoza thinks to have shown (by E1p25c and 1p34) that finite modifications are entities endowed with power, any subject has true power to produce the properties or effects derivable from its definition, which, Spinoza claims, implies opposing everything harmful. In other words, things exercise power as their definition states, i.e. according to their definitions, and thus bringing in the idea of things as expressers of power enables Spinoza to convert logical oppositions (of E3p5) into real ones (of E3p6). To summarize, Spinoza reasons that each true finite thing is, in itself, an expresser of power (E1p25c, 1p34) that never acts self-destructively (E3p4) but instead strives to drive itself through opponents to produce effects as they follow from the definition of the thing in question (E1p25c, 1p34, and 3p5). Therefore, “each thing, to the extent it is in itself, strives to persevere in its being.” The demonstration of E3p6 has its roots deep in Spinoza’s ontology, and since its concept of power is supposed to provide the metaphysical grounding for real opposition, the importance of E1p25c and 1p34 should not be underestimated just because Spinoza – as often happens – puts his point exceedingly briefly. Moreover, the derivation is basically valid and contains no superfluous elements. Finally, all this tells us something decisive about the meaning of Spinoza’s doctrine: according to it, things are active causers whose “power to exist and act” has conatus character in temporality, amounting not only to striving to prolong the duration of one’s actualization but also to striving to be as active or autonomous as possible, that is, to attain a state determined by the striving subject’s essence alone. (shrink)

Using the time-dependent wave function we have studied the properties of the atomic transverse motion in an interferometer, and the cause of the non-classical behavior of atoms reported by Kurtsiefer, Pfau, and Mlynek [Nature 386, 150 (1997)]. The transverse wave function is derived from the solution of the two-dimensional Schrödinger's equation, written in the form of the Fresnel–Kirchhoff diffraction integral. It is assumed that the longitudinal motion is classical. Comparing data of the space distribution and of the transverse momentum (...) distribution in interferometers with one and two open slits, it follows that the atomic motion is influenced by the atomic matter wave and violates the laws of classical mechanics. However, the negative values of Wigner's function should not be taken as evidence that the atoms in an interferometer violate the classical statistical law of the addition of positive probabilities. This inference follows from the comparison of properties of Wigner's function and of the de Broglian probability density in phase space. (shrink)

This Thesis engages with contemporary philosophical controversies about the nature of dispositional properties or powers and the relationship they have to their non-dispositional counterparts. The focus concerns fundamentality. In particular, I seek to answer the question, ‘What fundamental properties suffice to account for the manifest world?’ The answer I defend is that fundamental categorical properties need not be invoked in order to derive a viable explanation for the manifest world. My stance is a field-theoretic view which describes (...) the world as a single system comprised of pure power, and involves the further contention that ‘pure power’ should not be interpreted as ‘purely dispositional’, if dispositionality means potentiality, possibility or otherwise unmanifested power or ability bestowed upon some bearer. The theoretical positions examined include David Armstrong’s Categoricalism, Sydney Shoemaker’s Causal Theory of Properties, Brian Ellis’s New Essentialism, Ullin Place’s Conceptualism, Charles Martin’s and John Heil’s Identity Theory of Properties and Rom Harré’s Theory of Causal Powers. The central concern of this Thesis is to examine reasons for holding a pure-power theory, and to defend such a stance. This involves two tasks. The first requires explaining what plays the substance role in a pure-power world. This Thesis argues that fundamental power, although not categorical, can be considered ontologically-robust and thus able to fulfil the substance role. A second task—answering the challenge put forward by Richard Swinburne and thereafter replicated in various neo-Swinburne arguments—concerns how the manifestly qualitative world can be explained starting from a pure-power base. The Light-like Network Account is put forward in an attempt to show how the manifest world can be derived from fundamental pure power. (shrink)

1. Consider a circle. It has both a radius and a circumference. There is obviously a real distinction between the properties having a radius and having a circumference. This is not because, when confining ourselves to circles,1 having a radius can ever exist apart from having a circumference. A real distinction does not depend on that. Descartes thought that a real distinction between x and y meant that x could exist without y or vice versa, (...) if only by the power of God. But Descartes was wrong. Separable existence is a sufficient but not necessary condition of there being a real distinction. The difference between a real and a conceptual distinction derives from medieval philosophy. Aquinas, for one, held that things can be really distinct even though not separable (the form and matter of a material substance or its essence and existence, for example).2 For a merely conceptual distinction between x and y to exist, it is necessary for the distinction to exist in thought only. There is only a conceptual distinction between an upward slope and a downward slope, or between a glass’s being half empty and half full. Not only are the members of such pairs inseparable (whether by God or in any other way), but there is no real distinction between them. There is no numerical distinctness between the entities or qualities between which there is only a conceptual distinction. To this extent alone is Galen Strawson (2008) correct.3 But when it comes to.. (shrink)

We present a technique for the analysis of pattern formation by a class of models for the formation of ocular dominance stripes in the striate cortex of some mammals. The method, which employs the adiabatic approximation to derive a set of ordinary differential equations for patterning modes, has been successfully applied to reaction-diffusion models for striped patterns [1]. Models of ocular dominance stripes have been studied [2,3] by computation, or by linearization of the model equations. These techniques do not provide (...) a rationale for the origin of the stripes. We show here that stripe formation is a non-linear property of the models. Our analysis indicates that stripe selection is closely linked to a property in the dynamics of the models which arises from a symmetry between ipsilateral and contralateral synapses to the visual cortex of a given hemisphere. (shrink)

The difficulties of relativistic particle theories formulated by means of canonical quantization, such as those of Klein–Gordon and Dirac, ultimately led theoretical physicists to turn to quantum field theory to model elementary particle physics. In order to overcome these difficulties, the theories of the present approach are developed deductively from the physical principles that specify the system, without making use of canonical quantization. For a free particle these starting assumptions are invariance of the theory and covariance of position with respect (...) to Poincaré transformations. In pursuing the approach, the effectiveness of group theoretical methods is exploited. The coherent development of our program has shown that robust classes of representations of the Poincaré group, discarded by the known particle theories, can in fact be taken as bases for perfectly consistent theories. For massive spin zero particles, six inequivalent theories have been determined, two of which do not correspond to any of the current ones; all of these theories overcome the difficulties of Klein–Gordon one. The present lack of the explicit transformation properties of position with respect to boosts prevents the complete determination of non zero spin particle theories. In the past a particular form of these transformation properties was adopted by Jordan and Mukunda. We check its consistency within the present approach and find that for spin \ particles there is only one consistent theory, which is unitarily related to Dirac’s; yet, once again, it requires classes of irreducible representations previously discarded. (shrink)

In this paper, I propose a solution to an almost ignored problem in metaphysics and metametaphysics: what is categorial fundamentality and non-fundamentality? My proposal builds on E. J. Lowe’s view on the issue. By means of the newcomer notion of generic identity, I can give an account of something that Lowe did not explicate: the constitution of formal ontolog- ical relations. Formal ontological relations (e.g. instantiation) are internal relations that deter- mine ontological form and category-membership. I argue that categorial fundamentality (...) is hav- ing membership fully determined by a simple formal ontological relation or relations jointly in an order and categorial non-fundamentality is having membership at least partly determined by a derived formal ontological relation in an order. In contrast to Lowe, my proposal does not pre- suppose non-modal essentialism. (Please, ask for the penultimate draft.). (shrink)

The electronic and muonic hydrogen energy levels are calculated very accurately [1] in Quantum Electrodynamics (QED) by coupling the Dirac Equation four vector (c ,mc2) current covariantly with the external electromagnetic (EM) field four vector in QED’s Interactive Representation (IR). The c -Non Exclusion Principle(c -NEP) states that, if one accepts c as the electron/muon velocity operator because of the very accurate hydrogen energy levels calculated, the one must also accept the resulting electron/muon internal spatial and time coordinate operators (ISaTCO) (...) derived directly from c without any assumptions. This paper does not change any of the accurate QED calculations of hydrogen’s energy levels, given the simplistic model of the proton used in these calculations [1]. The Proton Radius Puzzle [2, 3] may indicate that new physics is necessary beyond the Standard Model (SM), and this paper describes the bizarre, and very different, situation when the electron and muon are located “inside” the spatially extended proton with their Centers of Charge (CoCs) orbiting the proton at the speed of light in S energy states. The electron/muon center of charge (CoC) is a structureless point that vibrates rapidly in its inseparable, non-random vacuum whose geometry and time structure are defined by the electron/muon ISaTCO discrete geometry. The electron/muon self mass becomes finite in a natural way due to the ISaTCOs cutting off high virtual photon energies in the photon propagator. The Dirac-Maxwell-Wilson (DMW) Equations are derived from the ISaTCO for the EM fields of an electron/muon, and the electron/muon “look” like point particles in far field scattering experiments in the same way the electric field from a sphere with evenly distributed charge “e” “looks” like a point with the same charge in the far field (Gauss Law). The electron’s/muon’s three fluctuating CoC internal spatial coordinate operators have eight possible eigenvalues [4, 5, 6] that fall on a spherical shell centered on the electron’s CoM with radius in the rest frame. The electron/muon internal time operator is discrete, describes the rapid virtual electron/positron pair production and annihilation. The ISaTCO together create a current that produce spin and magnetic moment operators, and the electron and muon no longer have “intrinsic” properties since the ISaTCO kinematics define spin and magnetic moment properties. (shrink)

The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred (...) embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered. (shrink)

The current mainstream in cancer research favours the idea that malignant tumour initiation is the result of a genetic mutation. Tumour development and progression is then explained as a sort of micro-evolutionary process, whereby an initial genetic alteration leads to abnormal proliferation of a single cell that leads to a population of clonally derived cells. It is widely claimed that tumour progression is driven by natural selection, based on the assumption that the initial tumour cells acquire some properties that (...) endow such cells with a selective advantage over the normal cells from which the tumour cells are derived. The standard view assumes that the transformed bodily cell somehow acquires "responsiveness" to natural selection independently of the whole organism to which the cell belongs. Yet, it is never explained where such an acquired capacity to respond to natural selection by the individual bodily cell comes from. This situation poses many difficult questions that so far have been left unanswered. For example, there is no explanation why some cells belonging to an organised whole and as such having no independent capacity for survival, apparently become 'independent' entities, able to respond to selective pressures in an autonomous fashion and then to be evaluated by natural selection. Hereunder it is argued that such a qualitative change cannot be the consequence of specific genetic mutations. Moreover, it is shown that natural selection is unlikely to be acting within the organism during tumour development and progression and that tumour evolution is a random, non-adaptive process, driven by no fundamental biological principle. Thus, mutations in the so-called oncogenes and tumour suppressor genes observed in epithelial cancers (that constitute more than 90% of all cancers) are not the result of selection for better cellular growth or survival under restrictive conditions. Instead, here it is suggested that they are the consequence of genetic drift acting upon gene functions that become non-relevant, either for the individual or the species fitness, once the organism is past its reproductive prime and as such, they also become superfluous for cell survival in the short term. It is proposed that the origin of cancer is epigenetic and it is a consequence of the need for a continued turnover of the individuals that constitute a species. (shrink)

Ecosystems services are provisions that humans derive from nature. Ecologists trying to value ecosystems have proposed five categories of these services: preserving, supporting, provisioning, regulating and cultural. While this ecosystem services framework attributes 'material' value to nature, sacred natural sites are areas of 'non-material' spiritual significance to people. Can we reconcile the material and non-material values? Ancient classical traditions recognise five elements of nature: earth, water, air, fire and ether. This commentary demonstrates that the perceived properties of these elements (...) correspond with the ecosystem services framework. Whilst the two can be reconciled, the 'elements of nature' framework is argued to be more suitable to make a case for conservation of sacred natural sites because it can be attractive to traditional societies whilst being acceptable to Western science. (shrink)

An equation proposed by Levy, Perdew and Sahni (Phys. Rev. A 30:2745, 1984) is an orbital-free formulation of density functional theory. However, this equation describes a bosonic system. Here, we analyze on a very fundamental level, how this equation could be extended to yield a formulation for a general fermionic distribution of charge and spin. This analysis starts at the level of single electrons and with the question, how spin actually comes into a charge distribution in a non-relativistic model. To (...) this end we present a space-time model of extended electrons, which is formulated in terms of geometric algebra. Wave properties of the electron are referred to mass density oscillations. We provide a comprehensive and non-statistical interpretation of wavefunctions, referring them to mass density components and internal field components. It is shown that these wavefunctions comply with the Schrödinger equation, for the free electron as well as for the electron in electrostatic and vector potentials. Spin-properties of the electron are referred to intrinsic field components and it is established that a measurement of spin in an external field yields exactly two possible results. However, it is also established that the spin of free electrons is isotropic, and that spin-dynamics of single electrons can be described by a modified Landau-Lifshitz equation. The model agrees with the results of standard theory concerning the hydrogen atom. Finally, we analyze many-electron systems and derive a set of coupled equations suitable to characterize the system without any reference to single electron states. The model is expected to have the greatest impact in condensed matter theory, where it allows to describe an N-electron system by a many-electron wavefunction Ψ of four, instead of 3N variables. The many-body aspect of a system is in this case encoded in a bivector potential. (shrink)

ABSTRACT The common claim that American foreign policy is “imperial” is contradicted by the fact that the actual, definable historical empires have characteristically exercised formal, as well as decisive, control over their peripheral dependencies—properties that the keenest analysts do not ascribe to the geopolitical system that has been constructed by the United States. Why, then, the ascription of “empire” to the United States? One reason is to condemn American foreign policy by linking it to the unjust, destructive, and self‐destructive (...) tendencies that are held to be inherent in a nation’s quest for, and maintenance of, “empire.” The variant of this anti‐imperial thesis that has been the special province of certain conservatives and libertarians appropriates the “empire” thesis to invent non‐security motives for American foreign policies, and correspondingly to denigrate security threats to the United States. Yet—ironically—as with the more characteristic left‐wing anti‐imperialism, the conservative‐libertarian version exemplifies a cultural dimension of the strategic situation of the United States: Far from being an “empire,” or even an accomplished hegemon, America is better described (metaphorically) as the object of a multi‐pronged “siege.”. (shrink)

Lynne Rudder Baker’s constitution theory of persons explains the relationship between persons and their bodies. Baker’s theory can explain the ontological status of persons. However, her explanation of the distinction between persons and their bodies faces a problem. In this paper, first, I show that her account, in fact, does not amount to a real distinction between persons and their bodies. Then, by discussing the notion of ‘derivatively having property,’ I propose a notion of constitution which is compatible (...) with the idea that persons and their bodies are, ontologically speaking, distinct entities. This notion of constitution helps us to avoid both the problem of too many minds and the problem of substance dualism. (shrink)

In this short essay I argue that the main insight of Murphy and Nagel’s book, The Myth of Ownership, that people have no right to their pre-tax income, is not supported by their claim that the right to private property is not a natural right. The non-naturalness of the right to private property, I argue, is irrelevant to their moral argument. The plausibility of their moral conclusion derives from the thesis that people have a right to the fruits of their (...) labor, maintaining, however, that there is no possible conception, morally speaking, of what the fruits of one’s labor are, independent of a system of legal and social norms that constitute the terms of fair bargaining, pricing, etc. People can only have a right to a fair assessment of the added value of their labor, and the latter cannot make any sense independent of the entire system of norms prevailing in the relevant society. I argue that this last conclusion is not affected by the nature of the right to private property. (shrink)

Background: how mind functions is subject to continuing scientific discussion. A simplistic approach says that, since no convincing way has been found to model subjective experience, mind cannot exist. A second holds that, since mind cannot be described by classical physics, it must be described by quantum physics. Another perspective concerns mind's hypothesized ability to interact with the world of quanta: it should be responsible for reduction of quantum wave packets; physics producing 'Objective Reduction' is postulated to form the basis (...) for mind-matter interactions. This presentation describes results derived from a new approach to these problems. It is based on well-established biology involving physics not previously applied to the fields of mind, or consciousness studies, that of critical feedback instability. -/- Methods: 'self-organized criticality' in complexity biology places system loci of control at critical instabilities, physical properties of which, including information properties, are presented. Their elucidation shows that they can model hitherto unexplained properties of experience. -/- Results: All results depend on physical properties of critical instabilities. First, at least one feed-back or feed-forward loop must have feedback gain, g = 1: information flows round the loop impress perfect images of system states back on themselves: they represent processes of perfect self-observation. This annihilates system quanta: system excitations are instability fluctuations, which cannot be quantized. Major results follow: -/- 1. Information vectors representing criticality states must include at least one attached information loop denoting self-observation. -/- 2. Such loop structures are attributed a function, 'registering the state's own existence', explaining -/- a. Subjective 'awareness of one's own presence' -/- b. How content-free states of awareness can be remembered (Jon Shear) -/- c. Subjective experience of time duration (Immanuel Kant) -/- d. The 'witness' property of experience – often mentioned by athletes 'in the zone' -/- e. The natural association between consciousness and intelligence -/- This novel, physically and biologically sound approach seems to satisfactorily model subjectivity. -/- Further significant results follow: -/- 1. Registration of external information in excited states of systems at criticality reduces external wave-packets: the new model exhibits 'Objective Reduction' of wave packets. -/- 2. High internal coherence (postulated by Domash & Penrose) leading to a. Non-separable information vector bundles. b. Non-reductive states (Chalmers's criterion for experience). -/- 3. Information that is: a. encoded in coherence negentropy; b. non-digitizable, and therefore c. computationally without digital equivalent (posited by Penrose). -/- Discussion and Conclusions: instability physics implies anharmonic motion, preventing excitation quantization, and totally different from the quantum physics of simple harmonic motion at stability. Instability excitations are different from anything hitherto conceived in information science. They can model aspects of mind never previously treated, including genuine subjectivity, objective reduction of wave-packets, and inter alia all properties given above. (shrink)

This paper spells out a dynamic proof format for the pure logic of relevant implication. (A proof is dynamic if a formula derived at some stage need not be derived at a later stage.) The paper illustrates three interesting points. (i) A set of properties that characterizes an inference relation on the (very natural) dynamic proof interpretation, need not characterize the same inference relation (or even any inference relation) on the usual settheoretical interpretation. (ii) A proof format may display (...) an internal dynamics (defeasible conclusions) in the absence of an external dynamics (non-monotonicity). (iii) A monotonic logic may have a non-monotonic characterization. (shrink)

Mental states differ from most other entities in the world in having semantic or intentional properties: they have meanings, they are about other things, they have satisfaction- or truth-conditions, they have representational content. Mental states are not the only entities that have intentional properties - so do linguistic expressions, some paintings, and so on; but many follow Grice, 1957 ] in supposing that we could understand the intentional properties of these other entities as derived from the (...) intentional properties of mental states. Of course, accepting this supposition leaves us with a puzzle about how the non-derivative bearers of intentional properties could have these properties. In particular, intentional properties seem to some to be especially difficult to reconcile with a robust commitment to ontological naturalism - the view that the natural properties, events, and individuals are the only properties, events, and individuals that exist. Fodor puts this intuition nicely in this oft-quoted passage: " I suppose that sooner or later the physicists will complete the catalogue they've been compiling of the ultimate and irreducible properties of things. When they do, the likes of _spin_, _charm_, and _charge_ will perhaps appear upon their list. But _aboutness_ surely won't; intentionality simply doesn't go that deep.... If aboutness is real, it must be really something else. " Some philosophers have reacted to this clash by giving up one of the two views generating the tension. For example, Churchland, 1981 ] opts for intentional irrealism in order to save ontological naturalism, while. (shrink)

Are the special sciences autonomous from physics? Those who say they are need to explain how dependent special science properties could feature in irreducible causal explanations, but that’s no easy task. The demands of a broadly physicalist worldview require that such properties are not only dependent on the physical, but also physically realized. Realized properties are derivative, so it’s natural to suppose that they have derivative causal powers. Correspondingly, philosophical orthodoxy has it that if we want special (...) science properties to bestow genuinely new causal powers, we must reject physical realization and embrace a form of emergentism, in which such properties arise from the physical by mysterious brute determination. In this paper, I argue that contrary to this orthodoxy, there are physically realized properties that bestow new causal powers in relation to their realizers. The key to my proposal is to reject causal-functional accounts of realization and embrace a broader account that allows for the realization of shapes and patterns. Unlike functional properties, such properties are defined by qualitative, non-causal specifications, so realizing them does not consist in bestowing causal powers. This, I argue, allows for causal novelty of the strongest kind. I argue that the molecular geometry of H2O—a qualitative, multiply realizable property—plays an irreducible role in explaining its dipole moment, and thereby bestows novel powers. On my proposal, special science properties can have the kind of causal novelty traditionally associated with strong emergence, without any of the mystery. (shrink)

This paper provides a proof-theoretic study of quantified non-normal modal logics. It introduces labelled sequent calculi based on neighbourhood semantics for the first-order extension, with both varying and constant domains, of monotone NNML, and studies the role of the Barcan formulas in these calculi. It will be shown that the calculi introduced have good structural properties: invertibility of the rules, height-preserving admissibility of weakening and contraction and syntactic cut elimination. It will also be shown that each of the calculi (...) introduced is sound and complete with respect to the appropriate class of neighbourhood frames. In particular, the completeness proof constructs a formal derivation for derivable sequents and a countermodel for non-derivable ones, and gives a semantic proof of the admissibility of cut. (shrink)

There are two putative disanalogies between moral explanations and other sorts of higher-order explanations. First, moral properties epistemically depend on their non-normative base properties. Some might thus argue that the explanatory role of moral properties entirely derive from the role of non-normative base properties. Second, moral explanations seem to be characteristically mediated by our moral beliefs, attitudes, and sensibilities, etc., in a way in which most higher-order explanations are not. It could thus be argued that alleged (...) moral explanations are just an elliptical form of psychological explanation. These arguments against moral explanation don’t seem to challenge many other kinds of higher-order explanations. In my paper, I attempt to show that the two putative disanalogies do not in the end raise serious challenges to the explanatory efficacy of the moral. In doing so, I appeal to a unificationist account of explanation to vindicate the explanatory efficacy of moral properties. I argue that moral facts or properties can have explanatory power due to their distinctive unifying role (even if they are irreducible to non-normative properties). (shrink)

The essential structure of proofs is proposed as the basis for a measure of complexity of formulas in FOL. The motivating idea was the recognition that distinct theorems can have the same derivation modulo some non essential details. Hence the difficulty in proving them is identical and so their complexity should be the same. We propose a notion of complexity of formulas capturing this property. With this purpose, we introduce the notions of schema calculus, schema derivation and description complexity of (...) a schema formula. Based on these concepts we prove general robustness results that relate the complexity of introducing a logical constructor with the complexity of the component schema formulas as well as the complexity of a schema formula across different schema calculi. (shrink)

For non-analytic ethical naturalists, externalism about moral motivation is an attractive option: it allows naturalists to embrace a Humean theory of motivation while holding that moral properties are real, natural properties. However, Michael Smith has mounted an important objection to this view. Smith observes that virtuous agents must have non-derivative motivation to pursue specific ends that they believe to be morally right; he then argues that this externalist view ascribes to the virtuous agent only a direct de dicto (...) desire to do what is morally right, but not a direct motivation to be kind, help those in need, et. I first clarify this “fetishism objection”; I then show how the non-analytical naturalist can provide an understanding of virtuous motivation that is immune to this objection. (shrink)

According to constitution views of persons, we are constituted by spatially coinciding human animals. Constitution views face an ‘overpopulation’ puzzle: if the animal has my brain, there is another thinker where I am. An influential solution to this problem distinguishes between derivative and non‐derivative property possession: persons non‐derivatively have their personal properties, while inheriting others from their constituters. I will show that this solution raises a new problem, by constructing a puzzle with the absurd result that we instantiate (...) certain properties incompatibly. In setting up the puzzle, I demonstrate the relevance of the bodily awareness and self‐awareness literatures to overpopulation puzzles. (shrink)

Abstract: Non-reductive physicalism is commonly understood as the view that mental properties are realized by physical properties. Here, I argue that the realization relation in question is a power inheritance relation: if a property P realizes a property Q, then the causal powers of Q are a subset of the causal powers of P. Whereas others have motivated this claim by appealing to its theoretical benefits, I argue that it is in fact entailed by two theses: (i) realization (...) is a same-subject necessitation relation; (ii) properties have their causal powers derivatively on the causal powers of their bearers. Although the power inheritance claim that is defended here has many opponents, I take it that the two theses that entail it are either plausible or widely assumed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Intentionalität aus semiotischer Sicht. Peirceanische PerspektivenChristian StrubStefan Kappner Intentionalität aus semiotischer Sicht. Peirceanische Perspektiven. Berlin/New York: de Gruyter2004, ISBN 3–11-018288–2, 432 pp.1. Problem focusKappner intended only partially a Peirce-interpretation; he attempts to think further along with Peirce, and he succeeds as well. The first chapter serves as a sketch of the problem of intentionality from a historical perspective, starting from Brentano. Kappner formulates the problem correctly by stating (...) that from the contemporary standpoint on the one hand every sort of methodological mind—body dualism is obsolete, because the mainstream of research has adopted a methodological physicalism along with an anti-foundationalistic epistemology; yet on the other hand our common sense view of psychic and thus also of intentional phenomena, which is inclined towards just such a dualism, must be taken into consideration. The systematic task thus consists in describing the particular quality of psychic phenomena in such a manner that this description "is compatible with methodological naturalism" (47). Kappner's main concern is thus the attempt to anchor the intentionality of thoughts and of human consciousness in more primitive forms of intentionality which are already exhibited by non-psychic goal-oriented natural processes. The solution to this task must accomplish two things: firstly, Kappner must justify the distinction between three types of "carriers" of "intentionality": concrete objects which intentionally contain an object in themselves, i.e. signs (381f.): Ch. 7; organisms which are capable of producing "inner signs for the simulation of external processes" (cf. 320–326: insightful behavior) (382f): Ch. 8; organisms which are capable of understanding this production as their own (self-consciousness) (383): Ch. 9. I will call this distinction the "internal differentiation thesis" (IDT). Secondly, Kappner must demonstrate that these three types of carriers are founded in one another. Over and above this, Kappner asserts that sign-intentionality is founded in something which he (with Arno Ros, 263, cf. 144) calls "quasi-intentionality" (Ch. 6). I will call this the "founding thesis" (FT). Obviously FT presupposes IDT, but not vice versa. Kappner claims to have successfully concluded such an ambitious naturalization program (342). Even when one [End Page 439] does not always agree with the partial solutions of Kappner, reading the book is definitely rewarding, as it shows in what a precisely differentiated manner one can reflect on a central problem of the "philosophy of mind" using Peirce's array of semiotic instruments.The reader is, naturally, astonished to hear the name Peirce in the context of a program for the naturalization of intentionality, for Peirce himself never used the concepts of "intention" and "intentionality" in the sense in which Brentano used them (47, 66), and himself clearly espoused an antifoundationalism and a methodological monism—but never a methodological naturalism; rather its opposite, namely a methodological idealism which can only conceive of physical properties as derived from psychic properties (synechism; 50–54). The reader is all the more eager to see how Kappner will prove his thesis to the effect that Peirce nevertheless has made a systematic contribution to the solution of the problem of intentionality under contemporary conditions. The decisive methodological step of Kappner (60) in Ch. 2 consists in declaring Peirce's metaphysics to be independent of his epistemic realism, which holds reality to be independent of the subject's mode of access to this reality. It is first at the end of the work that Kappner can precisely formulate what he means by Peircean naturalism: "For [Peirce], it is not primarily a question of how in (mere) thought relations to real things can be produced [as it is for Brentano and Husserl], but rather the opposite, namely how the progressive distancing of humans from the linguistic or mentally denoted object was and is possible [ellipsis]. In my opinion Peirce's approach can above all for this reason be characterized as 'naturalistic'" (376). This is plausible—of course, only under the assumption (not acknowledged as such by Kappner) that something like a "protodistancing" from the world can already be ascertained in the realm of quasi-intentionality. Nevertheless, Kappner employs two different concepts of "naturalistic": a naturalistic theory of intentionality means (1... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Intentionalität aus semiotischer Sicht. Peirceanische PerspektivenChristian StrubStefan Kappner Intentionalität aus semiotischer Sicht. Peirceanische Perspektiven. Berlin/New York: de Gruyter2004, ISBN 3–11-018288–2, 432 pp.1. Problem focusKappner intended only partially a Peirce-interpretation; he attempts to think further along with Peirce, and he succeeds as well. The first chapter serves as a sketch of the problem of intentionality from a historical perspective, starting from Brentano. Kappner formulates the problem correctly by stating (...) that from the contemporary standpoint on the one hand every sort of methodological mind—body dualism is obsolete, because the mainstream of research has adopted a methodological physicalism along with an anti-foundationalistic epistemology; yet on the other hand our common sense view of psychic and thus also of intentional phenomena, which is inclined towards just such a dualism, must be taken into consideration. The systematic task thus consists in describing the particular quality of psychic phenomena in such a manner that this description "is compatible with methodological naturalism" (47). Kappner's main concern is thus the attempt to anchor the intentionality of thoughts and of human consciousness in more primitive forms of intentionality which are already exhibited by non-psychic goal-oriented natural processes. The solution to this task must accomplish two things: firstly, Kappner must justify the distinction between three types of "carriers" of "intentionality": concrete objects which intentionally contain an object in themselves, i.e. signs (381f.): Ch. 7; organisms which are capable of producing "inner signs for the simulation of external processes" (cf. 320–326: insightful behavior) (382f): Ch. 8; organisms which are capable of understanding this production as their own (self-consciousness) (383): Ch. 9. I will call this distinction the "internal differentiation thesis" (IDT). Secondly, Kappner must demonstrate that these three types of carriers are founded in one another. Over and above this, Kappner asserts that sign-intentionality is founded in something which he (with Arno Ros, 263, cf. 144) calls "quasi-intentionality" (Ch. 6). I will call this the "founding thesis" (FT). Obviously FT presupposes IDT, but not vice versa. Kappner claims to have successfully concluded such an ambitious naturalization program (342). Even when one [End Page 439] does not always agree with the partial solutions of Kappner, reading the book is definitely rewarding, as it shows in what a precisely differentiated manner one can reflect on a central problem of the "philosophy of mind" using Peirce's array of semiotic instruments.The reader is, naturally, astonished to hear the name Peirce in the context of a program for the naturalization of intentionality, for Peirce himself never used the concepts of "intention" and "intentionality" in the sense in which Brentano used them (47, 66), and himself clearly espoused an antifoundationalism and a methodological monism—but never a methodological naturalism; rather its opposite, namely a methodological idealism which can only conceive of physical properties as derived from psychic properties (synechism; 50–54). The reader is all the more eager to see how Kappner will prove his thesis to the effect that Peirce nevertheless has made a systematic contribution to the solution of the problem of intentionality under contemporary conditions. The decisive methodological step of Kappner (60) in Ch. 2 consists in declaring Peirce's metaphysics to be independent of his epistemic realism, which holds reality to be independent of the subject's mode of access to this reality. It is first at the end of the work that Kappner can precisely formulate what he means by Peircean naturalism: "For [Peirce], it is not primarily a question of how in (mere) thought relations to real things can be produced [as it is for Brentano and Husserl], but rather the opposite, namely how the progressive distancing of humans from the linguistic or mentally denoted object was and is possible [ellipsis]. In my opinion Peirce's approach can above all for this reason be characterized as 'naturalistic'" (376). This is plausible—of course, only under the assumption (not acknowledged as such by Kappner) that something like a "protodistancing" from the world can already be ascertained in the realm of quasi-intentionality. Nevertheless, Kappner employs two different concepts of "naturalistic": a naturalistic theory of intentionality means (1... (shrink)

Using properties of${\cal K}$-pairs of sets, we show that every nonzero enumeration degreeabounds a nontrivial initial segment of enumeration degrees whose nonzero elements have all the same jump asa. Some consequences of this fact are derived, that hold in the local structure of the enumeration degrees, including: There is an initial segment of enumeration degrees, whose nonzero elements are all high; there is a nonsplitting high enumeration degree; every noncappable enumeration degree is high; every nonzero low enumeration degree can (...) be capped by degrees of any possible local jump ; every enumeration degree that bounds a nonzero element of strictly smaller jump, is bounding; every low enumeration degree below a non low enumeration degreeacan be capped belowa. (shrink)

I have two aims in this paper. In §§2-4 I contend that Moore has two arguments (not one) for the view that that ‘good’ denotes a non-natural property not to be identified with the naturalistic properties of science and common sense (or, for that matter, the more exotic properties posited by metaphysicians and theologians). The first argument, the Barren Tautology Argument (or the BTA), is derived, via Sidgwick, from a long tradition of anti-naturalist polemic. But the second argument, (...) the Open Question Argument proper (or the OQA), seems to have been Moore’s own invention and was probably devised to deal with naturalistic theories, such as Russell’s, which are immune to the Barren Tautology Argument. The OQA is valid and not (as Frankena (1939) has alleged) question-begging. Moreover, if its premises were true, it would have disposed of the desire-to-desire theory. But as I explain in §5, from 1970 onwards, two key premises of the OQA were successively called into question, the one because philosophers came to believe in synthetic identities between properties and the other because it led to the Paradox of Analysis. By 1989 a philosopher like Lewis could put forward precisely the kind of theory that Moore professed to have refuted with a clean intellectual conscience. However, in §§6-8 I shall argue that all is not lost for the OQA. I first press an objection to the desire-to-desire theory derived from Kripke’s famous epistemic argument. On reflection this argument looks uncannily like the OQA. But the premise on which it relies is weaker than the one that betrayed Moore by leading to the Paradox of Analysis. This suggests three conclusions: 1) that the desire-to-desire theory is false; 2) that the OQA can be revived, albeit in a modified form; and 3) that the revived OQA poses a serious threat to what might be called semantic naturalism. (shrink)

The central task of this dissertation is to develop a new interpretation of Leibniz's famous claim that there are no purely extrinsic denominations . Though Leibniz regarded NPE as one of his most important doctrines, he nowhere offers an explicit statement as to what he meant by it. One interpretation of NPE, which enjoys a modest consensus among interpreters, is that all extrinsic denominations reduce to intrinsic denominations. According to the reductionist view, things only have intrinsic denominations as properties; (...) extrinsic denominations are not genuine properties of things. Critics of reductionism have argued that the textual case for it is inconclusive at best, and I share this assessment with them. However, in my opinion, a satisfactory non-reductionist understanding of NPE has not been offered. The goal of my dissertation is to provide such a non-reductionist account. I contend that NPE, far from being a claim of the reducibility of extrinsic denominations, is actually an assertion that extrinsic denominations are genuine properties of the things they denominate. ;To establish my reading of NPE, I examine a line of textual evidence to which interpreters have paid little attention: the way Leibniz argues for NPE. In some passages Leibniz derives NPE from his predicate-in-subject principle of truth. In others, he employs his doctrine of the interconnection of all things to reach NPE. Elsewhere, he bases NPE on the principle of the identity of indiscernibles. Though, as mentioned, Leibniz never explicitly defines NPE, he does have much to say by way of explicit definition of each of these three principles. A consideration of what version of NPE could plausibly be drawn from them is thus a revealing way to proceed. In the case of each argument, I show that my interpretation of NPE is the conclusion naturally suggested by the given principle, while the reductionist version of NPE forms only an awkward, textually implausible fit with it. The result of the examination is an original and serious critique of the reductionist reading of NPE, as well as the development of a far more plausible understanding of that claim. (shrink)

Constructions having the surface form NP be ADJ enough to VP are examined. It is shown that when ADJ in this construction belongs to a small class of adjectives including lucky or to a larger class including wise, a structural ambiguity appears in the complement of enough which is related to the distinction between implied and non-implied complements made in Karttunen . The underlying syntactic structure of NP be ADJ enough to VP when ADJ is lucky or wise is (...) examined and the ambiguity in the complement of enough is explained through a generalization of syntactic properties of implied complements. The analysis proposed depends crucially on the use of complex semantic features to relate syntactic structures which are not derivable from one another transformationally. Hence it represents a certain innovation in syntactic theory. (shrink)

My first paper on the Is/Ought issue. The young Arthur Prior endorsed the Autonomy of Ethics, in the form of Hume’s No-Ought-From-Is (NOFI) but the later Prior developed a seemingly devastating counter-argument. I defend Prior's earlier logical thesis (albeit in a modified form) against his later self. However it is important to distinguish between three versions of the Autonomy of Ethics: Ontological, Semantic and Ontological. Ontological Autonomy is the thesis that moral judgments, to be true, must answer to a realm (...) of sui generis non-natural PROPERTIES. Semantic autonomy insists on a realm of sui generis non-natural PREDICATES which do not mean the same as any natural counterparts. Logical Autonomy maintains that moral conclusions cannot be derived from non-moral premises.-moral premises with the aid of logic alone. Logical Autonomy does not entail Semantic Autonomy and Semantic Autonomy does not entail Ontological Autonomy. But, given some plausible assumptions Ontological Autonomy entails Semantic Autonomy and given the conservativeness of logic – the idea that in a valid argument you don’t get out what you haven’t put in – Semantic Autonomy entails Logical Autonomy. So if Logical Autonomy is false – as Prior appears to prove – then Semantic and Ontological Autonomy would appear to be false too! I develop a version of Logical Autonomy (or NOFI) and vindicate it against Prior’s counterexamples, which are also counterexamples to the conservativeness of logic as traditionally conceived. The key concept here is an idea derived in part from Quine - that of INFERENCE-RELATIVE VACUITY. I prove that you cannot derive conclusions in which the moral terms appear non-vacuously from premises from which they are absent. But this is because you cannot derive conclusions in which ANY (non-logical) terms appear non-vacuously from premises from which they are absent Thus NOFI or Logical Autonomy comes out as an instance of the conservativeness of logic. This means that the reverse entailment that I have suggested turns out to be a mistake. The falsehood of Logical Autonomy would not entail either the falsehood Semantic Autonomy or the falsehood of Ontological Autonomy, since Semantic Autonomy only entails Logical Autonomy with the aid of the conservativeness of logic of which Logical Autonomy is simply an instance. Thus NOFI or Logical Autonomy is vindicated, but it turns out to be a less world-shattering thesis than some have supposed. It provides no support for either non-cognitivism or non-naturalism. (shrink)

Logical and philosophical literature provides different classifications of reasoning. In the Polish literature on the subject, for instance, there are three popular ones accepted by representatives of the Lvov-Warsaw School: Jan Łukasiewicz, Tadeusz Czeżowski and Kazimierz Ajdukiewicz (Ajdukiewicz in Logika pragmatyczna [Pragmatic Logic]. PWN, Warsaw (1965, 2nd ed. 1974). Translated as: Pragmatic Logic. Reidel & PWN, Dordrecht, 1975). The author of this paper, having modified those classifications, distinguished the following types of reasoning: (1) deductive and (2) non-deductive, and additionally (...) two types of them in each of the two, depending on the manner of combining their premises with the conclusion through the relation of classical logical entailment. Consequently, the four types of reasoning: unilateral deductive (incl. its sub-types: deductive inference and proof), bilateral deductive (incl. complete induction), and reductive (incl. the sub-types: explanation and verification), logically nonvaluable (incl. inference by analogy, statistic inference), correspond to four operators of derivability. They are defined formally on the ground of Tarski’s axiomatic theory of deductive systems, by means of the consequence operation _Cn_ (Tarski in Monatshefte Math Phys 37:361–404, 1930a, C R Soc Sci Lett Vars 23:22–29, 1930b). Also, certain metalogical properties of these operators are given, as well as their relations with Tarski’s consequence operations \(Cn^+\) ( \(Cn^+ = Cn\) ) and dual consequences \(Cn^{-1}\) (Słupecki in Zeszyty Naukowe Uniwersytetu Wrocławskiego Seria B Nr 3:33–40, 1959, Słupecki et al. in Stud Log 29:76–123, 1971, Wybraniec-Skardowska, in: Wybraniec-Skardowska, Bryll (eds) Z badań nad teorią zdań odrzuconych [Studies in the Theory of Rejected Propositions], Series B, Studia i Monografie, Zeszyty Naukowe Wyższej Szkoły Pedagogicznej w Opolu, Opole, 1969), and \(Cn^-\) (Wójcicki in Bull Sect Log 2(2):54–57, 1973)). (shrink)

According to the worm theory, persons are (maximal) aggregates of person-stages existing at different times. Personites, on the other hand, are non-maximal aggregates of stages that are nonetheless very much like persons. Their existence appears to make instances of prudential self-sacrifice morally problematic: the personites that exist at the time of the sacrifice but not at the time of the reward seem to be unfairly exploited. Instances of punishment appear to give rise to a similar problem. We argue that these (...) impressions arise from a mistaken assumption about which beings are the primary bearers of properties such as suffering, receiving compensation (in the future) and having (previously) committed a crime. According to the worm theory, stages, rather than persons or personites, possess these properties. Persons and personites have these properties only in a derivative sense. As we show, once this clarification and related ones are made, the apparent moral problems raised by the existence of personites dissolve. (shrink)

Let us start by some general definitions of the concept of complexity. We take a complex system to be one composed by a large number of parts, and whose properties are not fully explained by an understanding of its components parts. Studies of complex systems recognized the importance of “wholeness”, defined as problems of organization (and of regulation), phenomena non resolvable into local events, dynamics interactions in the difference of behaviour of parts when isolated or in higher configuration, etc., (...) in short, systems of various orders (or levels) not understandable by investigation of their respective parts in isolation. In a complex system it is essential to distinguish between ‘global’ and ‘local’ properties. Theoretical physicists in the last two decades have discovered that the collective behaviour of a macro-system, i.e. a system composed of many objects, does not change qualitatively when the behaviour of single components are modified slightly. Conversely, it has been also found that the behaviour of single components does change when the overall behaviour of the system is modified. There are many universal classes which describe the collective behaviour of the system, and each class has its own characteristics; the universal classes do not change when we perturb the system. The most interesting and rewarding work consists in finding these universal classes and in spelling out their properties. This conception has been followed in studies done in the last twenty years on second order phase transitions. The objective, which has been mostly achieved, was to classify all possible types of phase transitions in different universality classes and to compute the parameters that control the behaviour of the system near the transition (or critical or bifurcation) point as a function of the universality class. This point of view is not very different from the one expressed by Thom in the introduction of Structural Stability and Morphogenesis (1975). It differs from Thom’s program because there is no a priori idea of the mathematical framework which should be used. Indeed Thom considers only a restricted class of models (ordinary differential equations in low dimensional spaces) while we do not have any prejudice regarding which models should be accepted. One of the most interesting and surprising results obtained by studying complex systems is the possibility of classifying the configurations of the system taxonomically. It is well-known that a well founded taxonomy is possible only if the objects we want to classify have some unique properties, i.e. species may be introduced in an objective way only if it is impossible to go continuously from one specie to another; in a more mathematical language, we say that objects must have the property of ultrametricity. More precisely, it was discovered that there are conditions under which a class of complex systems may only exist in configurations that have the ultrametricity property and consequently they can be classified in a hierarchical way. Indeed, it has been found that only this ultrametricity property is shared by the near-optimal solutions of many optimization problems of complex functions, i.e. corrugated landscapes in Kauffman’s language. These results are derived from the study of spin glass model, but they have wider implications. It is possible that the kind of structures that arise in these cases is present in many other apparently unrelated problems. Before to go on with our considerations, we have to pick in mind two main complementary ideas about complexity. (i) According to the prevalent and usual point of view, the essence of complex systems lies in the emergence of complex structures from the non-linear interaction of many simple elements that obey simple rules. Typically, these rules consist of 0–1 alternatives selected in response to the input received, as in many prototypes like cellular automata, Boolean networks, spin systems, etc. Quite intricate patterns and structures can occur in such systems. However, what can be also said is that these are toy systems, and the systems occurring in reality rather consist of elements that individually are quite complex themselves. (ii) So, this bring a new aspect that seems essential and indispensable to the emergence and functioning of complex systems, namely the coordination of individual agents or elements that themselves are complex at their own scale of operation. This coordination dramatically reduces the degree of freedom of those participating agents. Even the constituents of molecules, i.e. the atoms, are rather complicated conglomerations of subatomic particles, perhaps ultimately excitations of patterns of superstrings. Genes, the elementary biochemical coding units, are very complex macromolecular strings, as are the metabolic units, the proteins. Neurons, the basic elements of cognitive networks, themselves are cells. In those mentioned and in other complex systems, it is an important feature that the potential complexity of the behaviour of the individual agents gets dramatically simplified through the global interactions within the system. The individual degrees of freedom are drastically reduced, or, in a more formal terminology, the factual space of the system is much smaller than the product of the state space of the individual elements. That is one key aspect. The other one is that on this basis, that is utilizing the coordination between the activities of its members, the system then becomes able to develop and express a coherent structure at a higher level, that is, an emergent behaviour (and emergent properties) that transcends what each element is individually capable of. (shrink)

The systems studied in the special sciences are often said to be causally autonomous, in the sense that their higher-level properties have causal powers that are independent of the causal powers of their more basic physical properties. This view was espoused by the British emergentists, who claimed that systems achieving a certain level of organizational complexity have distinctive causal powers that emerge from their constituent elements but do not derive from them. More recently, non-reductive physicalists have espoused a (...) similar view about the causal autonomy of special-science properties. They argue that since these properties can typically have multiple physical realizations, they are not identical to physical properties, and further they possess causal powers that differ from those of their physical realisers. Despite the orthodoxy of this view, it is hard to find a clear exposition of its meaning or a defence of it in terms of a well-motivated account of causation. In this paper, we aim to address this gap in the literature by clarifying what is implied by the doctrine of the causal autonomy of special-science properties and by defending the doctrine using a prominent theory of causation from the philosophy of science. (shrink)

I want to thank all of those who have commented on my article in the Journal of Medical Ethics.1 The commentaries address a wide cross-section of the issues raised in my article. I have organised my responses thematically.The state of playAllen Buchanan's scepticism2 about moral statuses higher than personhood derives, in part, from our apparent inability to describe them. We seem to have little difficulty in imagining what it might be to have scientific understanding far beyond that of any human (...) scientist. By contrast, it is exceedingly difficult to describe moral statuses superior to that of any person. Boosting cognitive capacities seems to result in cognitively superior persons—not post-persons . I offer an explanation of our moral myopia.2 We are necessarily clueless in respect of moral statuses superior to our own. If mice understood practical reasons sufficiently well to truly understand why persons have a moral status superior to their own then they would be capable of the feats of practical reason constitutive of personhood—they would be persons. Our cluelessness about post-persons is compatible both with their possible existence and with their necessary non-existence. I propose an inductive argument for the existence of statuses superior to personhood. The observed existence of many moral statuses up to and including persons provides moderately strong inductive support for the possibility of post-persons.Who do we trust to make decisions about higher moral statuses?What precisely does the inductive argument predict? If my diagnosis of our moral myopia about post-personhood is correct, then mere persons cannot really understand what properties of post-persons give them a superior status. They will be able to infer their existence indirectly by an appeal to the predicted judgments of beings who lack our cognitive limitations. Wasserman3 questions my suggestion that we should defer to the sincere moral judgments of …. (shrink)

Popper's account of refutation is the linchpin of his famous view that the method of science is the method of conjecture and refutation. This thesis critically examines his account of refutation, and in particular the practice he deprecates as avoiding a refutation. I try to explain how he comes to hold the views that he does about these matters; how he seeks to make them plausible; how he has influenced others to accept his mistakes, and how some of the ideas (...) or responses to Popper of such people are thus similarly mistaken. I draw some distinctions necessary to the provision of an adequate account of the so-called practice of avoiding a refutation, and try to rid the debate about this practice of at least one red herring. I analyse one case of 'avoiding' a refutation in detail to show how the rationality of scientific practice eludes both Popper and many of his commentators. Popper's skepticism about contingent knowledge prevents him from providing an acceptable account of contingent refutation, and so his method is really the method of conjecture and conjecture. He cannot do without the concepts of knowledge and refutation, however, if his account of science is to be plausible or persuasive, and so he equivocates between, amongst other things, refutation as disproof and refutation as the weaker notion of discorroboration. I criticise David Stove's account of this matter, in particular to show how he misses this point. An additional advantage Popper would secure from this equivocation is that if refutations were mere discorroborations they would be easier to achieve, and hence more common in science, than is the case. On Popper's weak notion of refutation, it would be possible to refute true theories since corroboration does not entail truth. There are two other related doctrines Popper holds about refutation which, if accepted, make some refutations seem easier to obtain than is the case. I call these doctrines 'Strong Popperian Falsificationism' (SPF) and 'Weak Popperian Falsificationism' (WPF). SPF is the false doctrine that if a prediction from some theory is refuted then that theory is refuted. Popper does not always endorse SPF. In particular, when confronted with a counterexample to it, he retreats to WPF, which is the false doctrine that if a prediction from some theory is refuted then that theory is prima facie refuted. WPF , or even SPF, can seem plausible if one has in mind predictions derived from theories in strong or conclusive tests of those theories, which I suggest Popper characteristically does. v Popper is disposed to describe any such case of predictive failure which does not lead to the refutation of the theory concerned as one in which that refutation has been avoided. To reinforce his portrayal of the refutation, or the attempted refutation, of major scientific theories as the rational core of scientific practice, Popper treats the so-called practice of avoiding a refutation as untypical of science, and much so-called avoidance he dismisses as unscientific or pseudo-scientific. I argue that his notion of avoiding a refutation is incoherent. Popper is further driven to believe that such avoidance is possible, however, because he conflates sentences with propositions and propositions with propositional beliefs. Also, he wishes to avoid being saddled with the relativisim that is a consequence of his weak account of refutation as discorroboration. Popper believes that ad hoc hypotheses are the most important of the unscientific means of avoiding a refutation. I argue that his account of such hypotheses is also incoherent, and that several hypotheses thought to be ad hoc in his sense are not. Such hypotheses appear to be so largely because of Popper's use of rhetoric and partly because these hypotheses are unacceptable for other reasons. I conclude that to know that a hypothesis is ad hoc in Popper's sense does not illuminate scientific practice. Popper has also attempted to explicate ad hocness in terms of some undesirable, or allegedly undesirable, properties of hypotheses or the explanations they would provide. The first such property is circularity, which is undesirable; the second such property is reduction in empirical content, which is not. In the former case I argue that non-circularity is clearly preferable to non-ad hocness as a criterion for a satisfactory explanation or explanans, as the case may be, and in the latter case that Popper is barking up the wrong tree. Some cases of so-called avoidance are obviously not unscientific. The discovery of Neptune from a prediction based on the reasonable belief that there were residual perturbations in the motion of Uranus is an important case in point, and one that is much discussed in the literature. The manifest failure of astronomers to account for Uranus's motion did not lead to the refutation of Newton's law of gravitiation, yet significant scientific progress obviously did result. Retreating to WPF, Popper claims that Newton's law was prima facie refuted. In general, astronomers have never shared this view, and they are correct in not doing so. I argue that the law of gravitation would have been prima facie refuted only if there had been good reason at the time to believe as false what is true, namely, that an unknown trans-Uranian planet was the cause of those Uranian residuals. Knowledge of the trans-Uranian region was then so slight that it was merely a convenient assumption, one which there was little reason to believe was false, that the known influences on Uranus's motion were the only such influences. I conclude that in believing vi or supposing that it was this assumption that was false, rather than the law of gravitation, Leverrier and Adams, the co-predictors of Neptune, were acting rationally and intelligently. Popper's commentators offer a variety of accounts of the alleged practice of avoiding a refutation, and of this case in particular. I analyse a sample of their accounts to show how common is the acceptance of some of Popper's basic mistakes, even amongst those who claim to reject his falsificationism, and to display the effects on their accounts of this acceptance of his mistakes. Many commentators recognize that anomalies are typically dealt with by changes in the boundary conditions or in other of the auxiliary propositions employed. Where many still go wrong, however, is in retaining the presupposition of WPF which encouraged Popper to hold the contradictory view about anomalies in the first place. Thus Imre Lakatos and others, for example, have developed a 'siege mentality' about major scientific theories; they see them as under continual threat of refutation from anomalies, and so come to believe that dogmatism is essential in science if such theories are to survive as they do. I examine various such doomed attempts to reconcile Popper with the history of science. It is a common failure in this literature to conflate or to fail to see the need to distinguish a belief from a supposition, and an epistemic reason from a pragmatic reason. I argue that only if one does draw these distinctions can one give an adequate account of how anomalies are rationally dealt with in science. The other important strand in Popper's thinking about 'avoidance' of refutation which has seriously misled some of his commentators is his unfounded belief in the dangers of ad hoc hypotheses. I examine the accounts that a sample of such commentators provide of the trans-Uranian planet hypotheses of Leverrier and Adams. These commentators imply or assert what Popper only hints at, namely, that there is something fishy about this hypothesis. I provide a further defence of the rationality of entertaining this hypothesis at the time. I conclude with a few remarks about Popper's dilemma in respect of scientific practice and his long standing emphasis on refutations. (shrink)

This paper engages with the following closely related questions that have recently received some attention in the literature: what is the status of the equivalence principle in general relativity?; how does the metric field obtain its property of being able to act as a metric?; and is the metric of GR derivative on the dynamics of the matter fields? The paper attempts to complement these debates by studying the spin-2 approach to gravity. In particular, the paper argues that three lessons (...) can be drawn from the spin-2 approach: different from what is sometimes claimed in the literature, central aspects of the non-linear theory of GR are already derivable in classical spin-2 theory; in particular, ‘universal coupling’ can be considered a derived ‘theorem’ in both the classical and the quantum spin-2 approach; this provides new insights for the investigation of the equivalence principle; the ‘second miracle’ that Read et al. argue characterises GR is explained in the classical as well as in the quantum version of the spin-2 approach; the spin-2 approach allows for an ontological reduction of the metrical part of spacetime to the dynamics of matter fields. (shrink)

Maxwell's deduction of the probability distribution over the velocity of gas molecules—one of the most important passages in physics (Truesdell)—presents a riddle: a physical discovery of the first importance was made in a single inferential leap without any apparent recourse to empirical evidence. -/- Tychomancy proposes that Maxwell's derivation was not made a priori; rather, he inferred his distribution from non-probabilistic facts about the dynamics of intermolecular collisions. Further, the inference is of the same sort as everyday reasoning about the (...) physical probabilities attached to such canonical chance setups as tossed coins or rolled dice. The structure of this reasoning is investigated and some simple rules for inferring physical probabilities from symmetries and other causally relevant properties of physical systems are proposed. -/- Not only physics but evolutionary biology and population ecology, the science of measurement error, and climate modeling have benefited enormously from the same kind of reasoning, the book goes on to argue. Inferences from dynamics to probability are so obvious to us, however, that their methodological importance has been largely overlooked. (shrink)

In 2010, the Venter lab announced that it had created the first bacterium with an entirely synthetic genome. This was reported to be the first instance of ‘artificial life,’ and in the ethical and policy discussions that followed it was widely assumed that the creation of artificial life is in itself morally significant. We cast doubt on this assumption. First we offer an account of the creation of artificial life that distinguishes this from the derivation of organisms from existing life (...) and clarify what we mean in asking whether the creation of artificial life has moral significance. We then articulate and evaluate three attempts to establish that the creation of artificial life is morally significant. These appeal to the claim that the creation of artificial life involves playing God, as expressed in three distinct formulations; the claim that the creation of artificial life will encourage reductionist attitudes toward the living world that undermine the special moral value accorded to life; and the worry that artificial organisms will have an uncertain functional status and consequently an uncertain moral status. We argue that all three attempts to ground the moral significance of the creation of artificial life fail, because none of them establishes that the creation of artificial life is morally problematic in a way that the derivation of organisms from existing life forms is not. We conclude that the decisive moral consideration is not how life is created but what non-genealogical properties it possesses. (shrink)

This paper examines the debate as to whether something can have final value in virtue of its relational (i.e., non-intrinsic) properties, or, more briefly put, whether final value must be intrinsic. The paper adopts the perspective of the fitting-attitude analysis (FA analysis) of value, and argues that from this perspective, there is no ground for the requirement that things may have final value only in virtue of their intrinsic properties, but that there might be some grounds for the (...) alternate requirement that final value be grounded only in the essential properties of their bearers. First, the paper introduces the key elements of the FA analysis, and sets aside an obvious but unimportant way in which this analysis makes all final values relational. Second, it discusses some classical counterexamples to the view that final value must be intrinsic. Third, it discusses the relation between final, contributive, and signatory value. Fourth, it examines Zimmerman’s defense of the requirement that final value must be intrinsic on the grounds that final value cannot be derivative. And finally, it explores the alternative requirement that something may have final value in virtue of its essential properties. (shrink)

The neo-logicist argues tliat standard mathematics can be derived by purely logical means from abstraction principles—such as Hume's Principle— which are held to lie 'epistcmically innocent'. We show that the second-order axiom of comprehension applied to non-instantiated properties and the standard first-order existential instantiation and universal elimination principles are essential for the derivation of key results, specifically a theorem of infinity, but have not been shown to be epistemically innocent. We conclude that the epistemic innocence of mathematics has not (...) been established by the neo-logicist. (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 paper proposes an empirical hypothesis that in some cases of social interaction we have an immediate perceptual access to others' minds in the perception of their embodied intentionality. Our point of departure is the phenomenological insight that there is an experiential difference in the perception of embodied intentionality and the perception of non-intentionality. The other's embodied intentionality is perceptually given in a way that is different from the givenness of non-intentionality. We claim that the phenomenological difference in the perception (...) of embodied intentionality and non-intentionality translates into an account of how, in some cases of social cognition, we perceive mental properties in the perception of embodied intentionality. The hypothesis derives support from a host of recent empirical studies in social neuroscience which demonstrate the importance of embodied engagements in understanding other minds. These studies reveal that embodied intersubjective interaction often builds on our ability to understand other minds in an immediate perceptual way not adequately investigated by theory-theory (TT) and simulation theories (ST) of mind-reading. We argue that there is a genuine, nontrivial difference in the informational content of the perception of embodied intentionality and the perception of non-intentionality which leads to a further difference in the way information is processed in the case of perception of embodied intentionality as opposed to the perception of non-intentionality. The full significance of such difference is appreciated only within an account of perception which views perception and action as tightly coupled. Thus, we propose an "action-oriented account of social perception" to develop a neurophilosophical account of the perceptual knowledge of other minds. (shrink)