To properly understand behavior, we must obtain both ultimate and proximate explanations. Put briefly, ultimate explanations are concerned with why a behavior exists, and proximate explanations are concerned with how it works. These two types of explanation are complementary and the distinction is critical to evolutionary explanation. We are concerned that they have become conflated in some areas of the evolutionary literature on human behavior. This article brings attention to these issues. We focus on three specific areas: the evolution (...) of cooperation, transmitted culture, and epigenetics. We do this to avoid confusion and wasted effort—dangers that are particularly acute in interdisciplinary research. Throughout this article, we suggest ways in which misunderstanding may be avoided in the future. (shrink)

A distinction attributed to Gregory Palamas involves claiming that God’s essence and energies/activities are distinct, yet equally ‘uncreated.’ Traditionally, this Palamite distinction was attacked by some Latin theologians as compromising divine simplicity. A classical view holds that no properties really inhere in God, because God enters into no composition of any kind, including composition of substance and accident. God’s energies/activities seem like properties inhering in God or otherwise composing some kind of part of God. I will argue that, (...) contrary to appearances, the Palamite distinction is a consequence of commitment to a classical view of divine simplicity. (shrink)

Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...) these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

Daniel Dennett's distinction between personal and subpersonal explanations was fundamental in establishing the philosophical foundations of cognitive science. Since it was first introduced in 1969, the personal/subpersonal distinction has been adapted to fit different approaches to the mind. In one example of this, the ‘Pittsburgh school’ of philosophers attempted to map Dennett's distinction onto their own distinction between the ‘space of reasons’ and the ‘space of causes’. A second example can be found in much contemporary philosophy (...) of psychology, where Dennett's distinction has been presumed to be equivalent to Stephen Stich's distinction between doxastic and subdoxastic states. Both these interpretations of the personal/subpersonal distinction, and also Dennett's own philosophical views of the mind, go beyond the personal/subpersonal distinction itself. They each involve supplementing the distinction between personal and subpersonal explanations with metaphysical claims about the relationship between the two kinds of explanation and the entities they posit. (shrink)

A prominent view of psychopathic moral reasoning suggests that psychopathic individuals cannot properly distinguish between moral wrongs and other types of wrongs. The present study evaluated this view by examining the extent to which 109 incarcerated offenders with varying degrees of psychopathy could distinguish between moral and conventional transgressions relative to each other and to nonincarcerated healthy controls. Using a modified version of the classic Moral/Conventional Transgressions task that uses a forced-choice format to minimize strategic responding, the present study found (...) that total psychopathy score did not predict performance on the task. Task performance was explained by some individual subfacets of psychopathy and by other variables unrelated to psychopathy, such as IQ. The authors conclude that, contrary to earlier claims, insufficient data exist to infer that psychopathic individuals cannot know what is morally wrong. (shrink)

The paper argues that, although a distinction between a priori and a posteriori knowledge (or justification) can be drawn, it is a superficial one, of little theoretical significance. The point is not that the distinction has borderline cases, for virtually all useful distinctions have such cases. Rather, it is argued by means of an example, the differences even between a clear case of a priori knowledge and a clear case of a posteriori knowledge may be superficial ones. In (...) both cases, experience plays a role that is more than purely enabling but less than strictly evidential. It is also argued that the cases at issue are not special, but typical of a wide range of others, including knowledge of axioms of set theory and of elementary logical truths. Attempts by Quine and others to make all knowledge a posteriori (‘empirical’) are repudiated. The paper ends with a call for a new framework to be developed for analysing the epistemology of cognitive uses of the imagination. (shrink)

Ernst Mayr''s distinction between ultimate and proximate causes is justly considered a major contribution to philosophy of biology. But how did Mayr come to this philosophical distinction, and what role did it play in his earlier scientific work? I address these issues by dividing Mayr''s work into three careers or phases: 1) Mayr the naturalist/researcher, 2) Mayr the representative of and spokesman for evolutionary biology and systematics, and more recently 3) Mayr the historian and philosopher of biology. If (...) we want to understand the role of the proximate/ultimate distinction in Mayr''s more recent career as a philosopher and historian, then it helps to consider hisearlier use of the distinction, in the course of his research, and in his promotion of the professions of evolutionary biology and systematics. I believe that this approach would also shed light on some other important philosophical positions that Mayr has defended, including the distinction between essentialism: and population thinking. (shrink)

Experimental research suggests that people draw a moral distinction between bad outcomes brought about as a means versus a side effect (or byproduct). Such findings have informed multiple psychological and philosophical debates about moral cognition, including its computational structure, its sensitivity to the famous Doctrine of Double Effect, its reliability, and its status as a universal and innate mental module akin to universal grammar. But some studies have failed to replicate the means/byproduct effect especially in the absence of other (...) factors, such as personal contact. So we aimed to determine how robust the means/byproduct effect is by conducting a meta-analysis of both published and unpublished studies (k = 101; 24,058 participants). We found that while there is an overall small difference between moral judgments of means and byproducts (standardized mean difference = 0.87, 95% CI 0.67 – 1.06; standardized mean change = 0.57, 95% CI 0.44 – 0.69; log odds ratio = 1.59, 95% CI 1.15 – 2.02), the mean effect size is primarily moderated by whether the outcome is brought about by personal contact, which typically involves the use of personal force. (shrink)

Students and philosophers alike often find Dooyeweerd’s writings unclear and inaccessible, and the ideas expressed in them obscure and difficult to grasp. In this paper I will first explore the issue of unclarity in Dooyeweerd’s work—for example, what makes Dooyeweerdian writings difficult to understand? Why is it that his meaning is often unclear? And does this imply that something is wrong with his writings? Second, and as a case in point regarding unclarity in Dooyeweerd’s work, I will examine an important (...) distinction drawn in Reformational philosophy, namely, between naive experience and theoretical thinking. In his paper “The Amsterdam Philosophy: A Preliminary Critique,” philosopher and theologian John Frame criticizes Dooyeweerd for his unclear writings and for drawing an implausibly sharp distinction between naive experience and theoretical thinking. Assessing Frame’s critique will serve as a framework for the discussion of these two related issues. (shrink)

The distinction between the "permanent" (will not reverse) and "irreversible" (cannot reverse) cessation of functions is critical to understand the meaning of a determination of death using circulatory–respiratory tests. Physicians determining death test only for the permanent cessation of circulation and respiration because they know that irreversible cessation follows rapidly and inevitably once circulation no longer will restore itself spontaneously and will not be restored medically. Although most statutes of death stipulate irreversible cessation of circulatory and respiratory functions, the (...) accepted medical standard is their permanent cessation because permanence is a perfect surrogate indicator for irreversibility, and using it permits a more timely declaration. Therefore, patients properly declared dead in donation after circulatory death (DCD) protocols satisfy the requirements of death statutes and do not violate the dead donor rule. The acronym DCD should represent organ "donation after circulatory death" to clarify that the death standard is the permanent cessation of circulation, not heartbeat. Heart donation in DCD does not retroactively negate the donor's death determination because circulation has ceased permanently. (shrink)

The identification of two possible readings – de re and de dicto – of modal claims is considered one of the greatest achievements of Abelard’s logic. In the Dialectica and the Logica “Ingredientibus,” Abelard uses this distinction as a basis for his modal semantics and theory of modalities. Rather than focusing on Abelard’s own theory, the aim of this article is to pay attention to a number of sources that – like Abelard’s logical works – are datable to the (...) first decades of the twelfth century, to investigate whether the de re–de dicto distinction was already adopted and debated in them. It argues that, even if there is no systematic theorization of the distinction in these sources, Abelard’s contemporaries put forward a number of questions concerning the syntax and the signification of modal claims that contributed to set the stage for the distinction’s identification and later development. (shrink)

Examines differences in taste between modern French classes, discusses the relationship between culture and politics, and outlines the strategies of pretension.

Many philosophers believe that our ordinary English words man and woman are “gender terms,” and gender is distinct from biological sex. That is, they believe womanhood and manhood are not defined even partly by biological sex. This sex/gender distinction is one of the most influential ideas of the twentieth century on the broader culture, both popular and academic. Less well known are the reasons to think it’s true. My interest in this paper is to show that, upon investigation, the (...) arguments for the sex/gender distinction have feet of clay. In fact, they all fail. We will survey the literature and tour arguments in favor of the sex/gender distinction, and then we’ll critically evaluate those arguments. We’ll consider the argument from resisting biological determinism, the argument from biologically intersex people and vagueness, the argument from the normativity of gender, and some arguments from thought experiments. We’ll see that these arguments are not up to the task of supporting the sex/gender distinction; they simply don’t work. So, philosophers should either develop stronger arguments for the sex/gender distinction, or cultivate a variety of feminism that’s consistent with the traditional, biologically-based definitions of woman and man. (shrink)

Quine’s references to his “pragmatism” have often been seen as indicating a possible link to the American pragmatism of Peirce, James, and Dewey. In Quine, Conceptual Pragmatism, and the Analytic-Synthetic Distinction, I argue that the influence of pragmatism on Quine’s philosophy is more accurately traced to C.I. Lewis’s conceptual pragmatism. Quine’s epistemology shares many affinities with Lewis’s view, which depicts knowledge as a conceptual system pragmatically revised in light of future experience. This claim is defended through an examination of (...) several key episodes in Quine’s philosophical development, including his graduate work for Lewis, critical transition in the 1940s, midcentury criticisms of analyticity, and later turn to naturalized epistemology. This historical account highlights an underappreciated element of the epistemological background to Quine’s criticism of the analytic–synthetic distinction. It is further argued that Lewis’s view provides the central epistemological framework for understanding the form and content of Quine’s later naturalized epistemology. (shrink)

This article explores contrasting interpretations of early Confucian philosophy as they apply to education, focusing primarily on the Analects of Confucius, the Mencius, and the Xunzi 荀子. I first describe a common interpretation of the Confucian worldview, according to which an already perfected way is thought to have been established. This view tends to encourage thinking of education as a process of conveying the True Way and ensuring conformity to the norms that constitute it. I then describe and defend a (...) contrasting Confucian worldview, in which the learner’s initiative, critical engagement, creativity, and personal qualities play a significant role. According to this interpretation, the way is, to some degree, indeterminate and evolving, and thus more open to participatory inquiry as well as influence. Illustrious virtue, which Confucian learning aims at developing, is likewise to some degree indeterminate and legitimately personalized. Although some degree of conformity to established norms is involved, especially in early stages, Confucian education culminates in the cultivation of personal distinction, developing one’s own uniqueness. (shrink)

It's been 41 years since the publication of Ernst Mayr's Cause and Effect in Biology wherein Mayr most clearly develops his version of the influential distinction between ultimate and proximate causes in biology. In critically assessing Mayr's essay I uncover false statements and red-herrings about biological explanation. Nevertheless, I argue to uphold an analogue of the ultimate/proximate distinction as it refers to two different kinds of explanations, one dynamical the other statistical.

I use some recent formal work on measuring causation to explore a suggestion by James Woodward: that the notion of causal specificity can clarify the distinction in biology between permissive and instructive causes. This distinction arises when a complex developmental process, such as the formation of an entire body part, can be triggered by a simple switch, such as the presence of particular protein. In such cases, the protein is said to merely induce or "permit" the developmental process, (...) whilst the causal "instructions" for guiding that process are already prefigured within the cells. I construct a novel model that expresses in a simple and tractable way the relevant causal structure of biological development and then use a measure of causal specificity to analyse the model. I show that the permissive-instructive distinction cannot be captured by simply contrasting the specificity of two causes as Woodward proposes, and instead introduce an alternative, hierarchical approach to analysing the interaction between two causes. The resulting analysis highlights the importance of focusing on gene regulation, rather than just the coding regions, when analysing the distinctive causal power of genes. (shrink)

Like Laland et al., I think Mayr’s distinction is problematic, but I identify a further problem with it. I argue that Mayr’s distinction is a false dichotomy, and obscures an important question about evolutionary change. I show how this question, once revealed, sheds light on some debates in evo-devo that Laland et al.’s analysis cannot, and suggest that it provides a different view about how future integration between biological disciplines might proceed.

This essay argues that whereas ‘analytic’ political philosophy is focussed on generating reasons that are oriented to the issue of articulating norms of justice, legitimacy and so on, that guide political judgements about institutions and/or forms of conduct; ‘Continental’ political philosophy is oriented to critically assessing the practices of reasoning that characterise our social and political institutions and forms of conduct as well as our first-order normative reflection on them. It explores the distinction between the two orientations in terms (...) of, what are called, their ‘structural problematics’: the guidance problem and the critique problem, before considering briefly ways in which they may be combined. (shrink)

The ambiguity regarding whether a given intervention is perceived as enhancement or as therapy might contribute to the angst that the public expresses with respect to endorsement of enhancement. We set out to develop empirical data that explored this. We used Amazon Mechanical Turk to recruit participants from Canada and the United States. Each individual was randomly assigned to read one vignette describing the use of a pill to enhance one of 12 cognitive, affective or social domains. The vignettes described (...) a situation in which an individual was using a pill to enhance the relevant domain under one of two possible enhancement conditions, one perceived as enhancing above the norm, what most people recognize as a clear case of enhancement, whereas the other perceived as enhancing towards the norm, with the individual using the enhancement having a modest, but subclinical deficit. Participants were asked how comfortable they were with the individual using the enhancement and about the impact the enhancement might have had in the individuals’ success in life. We found that irrespective of the domain to be enhanced, participants felt significantly more comfortable with ETN than with EAN, and they regarded the enhancement intervention as contributing to greater success in life with ETN rather than EAN. These data demonstrate that the therapy enhancement distinction is morally salient to the public, and that this distinction contributes to the angst that people feel when considering the propriety of CAS enhancement. (shrink)

The role of intuition in Kant’s account of experience receives perennial philosophical attention. In this essay, I present the textual case that Kant also makes extensive reference to what he terms “images” that are generated by the imagination. Beyond this, as I argue, images are fundamentally distinct from empirical and pure intuitions. Images and empirical intuitions differ in how they relate to sensation, and all images (even “pure images”) actually depend on pure intuitions. Moreover, all images differ from intuitions in (...) their structure or format. I then turn to a question that naturally arises on the resulting view: if the imagination produces images, and if images are fundamentally distinct from intuitions, then how do intuitions relate to the imagination? I outline reasons for thinking that intuitions and their essential features do not depend on the imagination at all. Though this essay does not decisively argue for this thesis, the resulting view provides a clear account of the distinction between the senses and the imagination in Kant’s theory of sensibility. (shrink)

Propertarian justifications of intellectual property postulate the appropriation of various entities, often called patterns, designs, or technologies. These must be immaterial and should not be confused with material structures that embody them. Hence two classes of objects are distinguished. It is convenient to refer to them as types and tokens. The type must involve a condition defining which material structures should be considered its tokens. For an IP regime to be economically meaningful one must necessarily appropriate types in a way (...) which restricts access to wide classes of similar, non-identical material structures. Therefore, type conditions must be general. They must define, with a margin of tolerance, only certain aspects of the structure, leaving others unspecified. Consequently, the relationship between such types and tokens is of many-to-many variety. The recognition of these facts leads to four problems in justifying intellectual property on propertarian grounds. The first problem is to demonstrate possession of the type in the pre-legal situation. The second one is to explain, why boundaries of an appropriated type should be placed in a particular location. The third problem is to avoid claim deadlocks resulting from conflicts of rights generated by separate overlapping types. The fourth problem is to justify why ownership of the type should entail the control over other separate entities—that is tokens. In the propertarian framework grounded in the pre-legal state of nature, satisfactory solutions do not seem to have been proposed for any of these four problems. (shrink)

In the first part of this paper I explore the relations among distinctness, separability, number, and non-identity. I argue that Descartes believes plurality in things themselves arises from distinction, so that things distinct in any of the three ways are not identical. The only exception concerns universals which, considered in things themselves, are identical to particulars. I also argue that to be distinct is to be separable. Things distinct by reason are separable only in thought by means of ideas (...) not clear and distinct. In the second part I argue that the notion of separability in Descartes’s account of real distinction between mind and body is subject to five different interpretations. I claim that the heart of Cartesian dualism concerns the separability of the attributes thought and extension. It does not require that mind and body are separable in the sense that each can exist without the other existing. (shrink)

Several complexity theorists draw a sharp and ontologically robust distinction between (merely) complicated systems and (genuinely) complex systems. I argue that this distinction does not hold. Upon fine-grained analysis, ostensibly complicated systems turn out to be complex systems. The purported boundary between the complicated and the complex appears to be vague rather than sharp. Systems are complex by degrees.

The normative significance of the distinction between therapy and enhancement has come under sustained philosophical attack in recent discussions of the ethics of shaping future persons by means of preimplantation genetic diagnosis and other advanced genetic technologies. In this paper, I argue that giving up the idea that the answer to the question as to whether a condition is “normal” should play a crucial role in assessing the ethics of genetic interventions has unrecognized and strongly counterintuitive implications when it (...) comes to selecting what sort of children should be brought into the world. According to standard philosophical accounts of the factors one should take into account when making such .. (shrink)

This paper argues that Kant presents two different accounts of beauty, one that applies properly to art and one that applies properly to nature. The judgment of beauty that applies properly to nature can be free and thus judged without concepts. The work of art, however, is judged beautiful when it expresses aesthetic ideas. This distinction then enables me to explain several problematic passages in Kant's text: those that serve to distinguish these two conceptions of beauty from one another (...) as well as those passages in which Kant views them as overlapping. With respect to the latter, I argue that Kant lays especial significance on cases where we apply the conception of artistic beauty to natural objects, as in doing so we view nature as expressing ideas that step beyond nature. (shrink)

Is the assumption of a fundamental distinction between particulars and universals another unsupported dogma of metaphysics? F. P. Ramsey famously rejected the particular – universal distinction but neglected to consider the many different conceptions of the distinction that have been advanced. As a contribution to the piecemeal investigation of this issue three interrelated conceptions of the particular – universal distinction are examined: universals, by contrast to particulars, are unigrade; particulars are related to universals by an asymmetric (...) tie of exemplification; universals are incomplete whereas particulars are complete. It is argued that these conceptions are wanting in several respects. Sometimes they fail to mark a significant division amongst entities. Sometimes they make substantial demands upon the shape of reality; once these demands are understood aright it is no longer obvious that the distinction merits our acceptance. The case is made via a discussion of the possibility of multigrade universals. (shrink)

Strawson described ‘descriptive metaphysics’, Bach described ‘natural language metaphysics’, Sapir and Whorf describe, well, Sapir-Whorfianism. And there are other views concerning the relation between correct semantic analysis of linguistic phenomena and the “reality” that is supposed to be thereby described. I think some considerations from the analyses of the mass-count distinction can shed some light on that very dark topic.

Ancient sceptics, unlike their modern counterparts, claim to live their scepticism. Nowadays scepticism, whether epistemological, moral, or of any other variety, is seen as a purely theoretical position, with no direct bearing on the actual living of one’s life; this is because philosophical theories and everyday attitudes are taken to be in some way “insulated” from one another. Serious questions may be raised about the character of this alleged “insulation,” but these are not my present concern; the fact is that (...) no such split between “the philosophical” and “the ordinary” was entertained in the ancient world. It follows that the viability of scepticism as a way of life is a crucial issue for ancient sceptics. It is no accident that one of the most enduring objections to ancient scepticism is to the effect that the sceptical attitude—that is, the posture of universal suspension of judgement—is incompatible with any kind of normal human action; this was known in antiquity as the charge of apraxia, “inaction.” The sceptics for their part, were just as persistent in arguing that suspension of judgement had no such damaging consequences. In as much as the assessment of actual or imaginable types of human life is the province of ethics, I take this debate between ancient sceptics and their detractors to be, in a broad sense, an ethical debate. (shrink)

The distinction between the criminal fault elements of recklessness and negligence is one of Anglo-American criminal law’s key distinctions. It is a distinction with practical significance, as many serious crimes require at least recklessness and cannot be committed negligently. The distinction is standardly marked by awareness. Recklessness requires awareness that one’s conduct carries a risk of harm. Negligence only requires that one ought to have been aware that one’s conduct carried such a risk, even if one was (...) in fact unaware of this. But should the recklessness/negligence distinction be marked by awareness of risk, or by something else? Does a defendant’s awareness of risk really have the normative significance to mark such a distinction? In this paper, I answer these questions by discussing a challenge to this ‘standard account’ of the recklessness/negligence distinction raised by the work of Antony Duff, who defends an alternative, non-awareness-based model of the recklessness/negligence distinction. I will argue that, although Duff’s alternative model fails, seeing how it goes wrong helps us see how awareness genuinely does have the right kind of normative significance to mark the distinction between recklessness and negligence. (shrink)

This paper scrutinises the tenability of a strict conceptual distinction between space and matter via the lens of the debate between modified gravity and dark matter. In particular, we consider Berezhiani and Khoury's novel 'superfluid dark matter theory' as a case study. Two families of criteria for being matter and being spacetime, respectively, are extracted from the literature. Evaluation of the new scalar field postulated by SFDM according to these criteria reveals that it is as much matter as anything (...) could possibly be, but alsoꟷbelow the critical temperature for superfluidityꟷas much spacetime as anything could possibly be. A sequel paper examines possible interpretations of SFDM in light of this result, as well as the consequences for our understanding of the modified gravity/ dark matter distinction and the broader spacetime–matter distinction. (shrink)

What’s the difference between those psychological posits that are ‘me” and those that are not? Distinguishing between these psychological kinds is important in many domains, but an account of what the distinction consists in is challenging. I argue for Psychological Constructionism: those psychological posits that correspond to the kinds within folk psychology are personal, and those that don’t, aren’t. I suggest that only constructionism can answer a fundamental challenge in characterizing the personal level – the plurality problem. The things (...) that plausibly qualify as personal are motley. Other attempts at accounting for the personal level either cannot accommodate this plurality, or cannot explain what unifies the personal. Given arguments others have given for a pluralistic conception of folk psychology, constructionism explains and predicts this plurality in a systematic and unified way, thereby solving the plurality problem. (shrink)

In this paper, I take a fresh look at Husserl's key distinction between objectifying and non‐objectifying acts, which roughly amounts to a distinction between presentational and evaluative experiences. My goal is to provide a clear and unified reconstruction of Husserl's argument for the thesis that non‐objectifying acts are necessarily founded in objectifying acts, a thesis that is highly controversial in and beyond Husserlian scholarship. In the first section, I reconstruct Husserl's view in the Logical Investigations, according to which (...) only objectifying acts establish an independent intentional relation to their objects, and argue that it is justified by the positing function of objectifying acts. In the second section, I address two problematic interpretations of this view and, after criticizing them, I present what I take to be Husserl's core argument for his position. In the third section, I turn to the revision of the view of the Logical Investigations that Husserl proposes in the wake of his transcendental turn, especially in Ideas I and II. On Husserl's revised view, all acts are objectifying, including emotional acts [Gemütsakte]. This revision has led scholars to consider Husserl's view aporetic. I propose an alternative interpretation that dispels the purported aporia. I conclude with some remarks on the costs and benefits of my reading, as well as the strengths and weaknesses of Husserl's view in general. (shrink)

This paper surveys some ways of distinguishing Quasi-Realism in metaethics from Non-naturalist Realism, including ‘Explanationist’ methods of distinguishing, which characterize the Real by its explanatory role, and Inferentialist methods. Rather than seeking the One True Distinction, the paper adopts an irenic and pragmatist perspective, allowing that different ways of drawing the line are best for different purposes.

The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the (...) essential insights of its rivals. This Essay aims to mark the distinction clearly! The basic idea can be explained by distinguishing two different moments or stages that occur when an authoritative legal text is applied or explicated. The first of these moments is interpretation – which I shall stipulate is the process that recognizes or discovers the linguistic meaning or semantic content of the legal text. The second moment is construction – which I shall stipulate is the process that gives a text legal effect. I shall then claim that the difference between interpretation and construction is real and fundamental. Although the terminology could vary, legal theorists cannot do without the distinction. One more preliminary point: the topic of this Essay is narrow and conceptual. This Essay, has three goals: to explicate the nature of the interpretation-construction distinction, to argue that this distinction marks a real difference, and to suggest that the distinction is helpful in that it enables legal theorists to clarify the nature of important debates, for example debates about constitutional interpretation. The Essay does not offer any particular theory of interpretation or construction – that it is, it remains agnostic about questions as to how linguistic meaning can be discerned or how legal content ought to be determined. Nor does this theory offer an account of the history and origins of the distinction. Those topics are important, but raising them in this Essay might shift attention away from prior questions about the nature and value of the distinction itself. Here is the roadmap. In Part II, this Essay shall discuss two preliminary sets of ideas: vagueness and ambiguity, and semantic content and legal content. In Part III, this Essay shall use these preliminary ideas to answer the questions, "What is interpretation?" and "What is construction?" In Part IV, this Essay shall consider some objections to the interpretation-construction distinction. In Part V, this Essay shall develop the argument that the distinction is fundamental and indispensable. (shrink)

The essays in this volume formulate what is considered to be the preconditions for an adequate theory of modern society. The volume starts with an examination of the modern European philosophical and scientific tradition notably the phenomenology of Edmund Husserl.

Since 1969, when Dennett introduced a distinction between personal and sub- personal levels of explanation, many philosophers have used 'sub- personal ' very loosely, and Dennett himself has abandoned a view of the personal level as genuinely autonomous. I recommend a position in which Dennett's original distinction is crucial, by arguing that the phenomenon called mental causation is on view only at the properly personal level. If one retains the commit-' ments incurred by Dennett's early distinction, then (...) one has a satisfactory anti-physicalistic, anti-dualist philosophy of mind. It neither interferes with the projects of sub- personal psychology, nor encourages ; instrumentalism at the personal level. (shrink)