This chapter contains sections titled: The Scope of Precedential Constraint The Strength of Precedential Constraint References.

The article considers two different interpretations of the reason model of precedent pioneered by John Horty. On a plausible interpretation of the reason model, past cases provide reasons to prioritize reasons favouring the same outcome as a past case over reasons favouring the opposing outcome. Here I consider the merits of this approach to the role of precedent in legal reasoning in comparison with a closely related view favoured by some legal theorists, according to which past cases provide reasons for (...) undercutting (or ‘excluding’) reasons favouring the opposing outcome. After embedding both accounts within a general default logic, I note some important differences between the two approaches that emerge as a result of plausible distinctions between rebutting and undercutting defeat in formal models of legal reasoning. These differences stem from the ‘preference independence’ of undercutting defeat. Undercutting reasons succeed in defeating opposing reasons irrespective of their relative strength. As a result, the two accounts differ in their account of the way in which precedents constrain judicial reasoning. I conclude by suggesting that the two approaches can be integrated within a single model, in which the distinction between undercutting and rebutting defeat is used to account for the distinction between strict and persuasive forms of precedential constraint. (shrink)

This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to (...) be defeasible. The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper. (shrink)

As the ongoing literature on the paradoxes of the Lottery and the Preface reminds us, the nature of the relation between probability and rational acceptability remains far from settled. This article provides a novel perspective on the matter by exploiting a recently noted structural parallel with the problem of judgment aggregation. After offering a number of general desiderata on the relation between finite probability models and sets of accepted sentences in a Boolean sentential language, it (...) is noted that a number of these constraints will be satisfied if and only if acceptable sentences are true under all valuations in a distinguished non-empty set W. Drawing inspiration from distance-based aggregation procedures, various scoring rule based membership conditions for W are discussed and a possible point of contact with ranking theory is considered. The paper closes with various suggestions for further research. (shrink)

This work contrasts the formalist approach to defining explanation in science, exemplified in the Deductive-Nomenological Model of Carl G. Hempel, with the contextualist approach of Thomas Kuhn. It is argued that both of these attempts to define the explanatory processes of science are inadequate. A connection is made between the view of rationality upon which each view is based and the way that it defines explanation. It is argued that a process of thought, which scientific explanation represents, is considered (...) rational by these thinkers only if it meets the criteria of constraint under a rule, distance from subjective considerations and instrumental connection of method and goal. Given this strong definition of rationality, explanation is defined by both Kuhn and Hempel as thought within the constraint of a theory or a theoretical paradigm. Under this construal, explanation is separated as a process from theory invention which both thinkers hold to involve primarily non-cognitive criteria of choice. It is argued in this work that such a view contradicts the actual practice of science where theory invention seems to be primarily a process of rational explaining. ;A detailed historical case of an attempt to explain organic morphogenesis is given. It centers on the theory of generation of Pierre Louis Moreau de Maupertuis, an 18th Century scientific thinker. This case is meant to illustrate the kinds of cognitive interest and strategies of invention that go into dealing with an explanatory problem in science. ;Finally some general programmatic conclusions are made relating the foregoing arguments and the case, to the need to explore the nature of scientific explanation in the domain of theory invention where the reasoning processes seem to involve analogical reasoning and critical metaphysical thought. (shrink)

The distribution of the flap allophone [ɾ] of American English, along with the other allophones of /t/,[t h,t =, ʔ, t] has been accounted for in various formal frameworks by assuming a number of different abstract mechanisms and entities. The desirability or usefulness of these formalisms is not at issue in the present paper. Instead, a computationally explicit model of categorization is used (Skousen 1989, 1992) in order to account for the distribution of the allophones of /t/ without recourse to (...) such formalisms. The simulations that were carried out suggest that they are not needed because analogy to surface apparent variables such as phones and word boundaries is sufficient to predict allophony. In analogy, the particular allophone of /t/ (i.e. [ɾ, t h, t =, ʔ, t]) that appears in a given context is determined on the basis of similarity to stored exemplars in the mental lexicon. From an acquisitional standpoint, categorization by analogy to stored exemplars dispenses with the need for rule induction although it does suggest that speakers group functionally related sounds into mental categories, a process that is influenced to a great deal by orthography. Analogy also explains the stochastic nature of linguistic performance. In the present study, 3,719 tokens of the allophones of the phoneme /t/ were extracted from the TIMIT corpus and constitute the database from which analogs were chosen. The variables used included the three phones or boundaries on either side of /t/, and the stress of the syllables preceding and following /t/. The model proves quite successful in predicting the correct allophone, and the errors made are generally possible alternative pronunciations (e.g. moun[ʔ]ain, moun[t h ]ain). The success rate changes little when only small sub-samples of the database are incorporated. In addition, exemplar-modeling is found to be quite robust because even when a feature such as stress is eliminated, (a feature which is critical in most rule approaches), allophony is still highly predictable. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases (...) significant, such discontinuities fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

The article focuses on one important aspect of this debate between Realists and Nominalists in the Late Middle Ages, namely the controversy between William Ockham and Walter Burley about the nature and status of relations and relatives, for the category of ad aliquid is the most intriguing category after substance, and in Late Antiquity and the Middle Ages many authors attempted to develop new formulations of the Aristotelian theory of relatives. Burley believed that when two substances are related (...) one to the other, five distinct elements can be singled out: the relation itself (for instance, the form of paternity); the ultimate substrate of that relation (namely, the substance that denominatively receives the name of the relation - the animal which is called ‘father’ because it begot another similar to itself); the fundamentum of the relation (namely the categorial item in virtue of which the relation inheres in its substrate - in our example, the generative power); the antecedent term of the relation (namely the aggregate formed by the substrate in which the relation inheres and the relation itself - in our example, the father); and the consequent term of the relation (namely, the aggregate formed by the substance with which the subiectum is somehow connected and the relation correlated to the first one - in our example, the son). In fact, according to Burley, any relation has its own converse. The foundation is the main component, since it joins the relation to the underlying substances, permits the relation to link the antecedent term to the consequent term, and transmits some of its properties to the relation. Ockham, on the contrary, believed that terms such as ‘relativum’, ‘relatio’, and ‘ad aliquid’ are terms of second intention, since they signify other (vocal, written, mental) terms, when taken in personal supposition. In Ockham’s opinion, Socrates qua father cannot be regarded as a relative; it is the name ‘father’ (and the corresponding intentio) that is a relative. This implies that the abstract terms of the category, namely those terms that in Burley’s view signify relations such as ‘paternitas’, and the concrete terms, namely those terms that in Burley’s view signify relatives such as ‘pater’, are synonymous according to Ockham. He thinks that any abstract term belonging to the category of ad aliquid is semantically equivalent to the definition (in a broad sense) of the correlated concrete term, so that, for instance, ‘paternity’ in a sentence like ‘a father is a father because of paternity’means: a father is a father because he has begotten a son. Such differences between them in their divergent interpretations of Aristotle’s theory of ad aliquid consist in the opposing roles that reality plays in their explanations of human knowledge, and Ockham’s rejection, in favour of a principle of ontological parsimony, of the principle of a close isomorphism between (mental) language and the world. For Burley, extra-mental reality was the model that our knowledge has to adequate and reproduce, whilst Ockham conceived of reality as a simple object of our knowledge, which does concern reality, but is articulated according to inner principles. Burley’s thought was dominated by the object-label scheme, as the basic semantic relation, and by hypostatization, regarded as the practice of replacing logical and epistemological rules by ontological standards and references, as the main device for explaining the semantic function of language. On the contrary, for Ockham reality must consist of as few as possible kinds of being. (shrink)

This paper aims to show that Thomas Aquinas consider the problem of evil, not only as a question of evil in itself, but in the much broader context of God’s work of creation and providential government, and thus proves that the existence of evil in the world is not a viable argument against God’s existence. For Thomas Aquinas, evil is not something, some being with its essence and nature, but it is the lack of a good that should by nature (...) be present in a being. Evil has good as its subject, object, and cause, and may ultimately have good as its effect. Such complete immersion and dependence of evil on good says that evil’s ontological status is real, but not absolute. Evil cannot exist from itself, by itself and for itself. It is in every way subordinated to the good. Such a status of evil becomes even more apparent in Aquinas’ view of the relation between evil and the absolute good that is God. God is the one who exists in the absolute sense, and evil exists only in relation to the good that is God’s creation. The decay of things is only a consequence of God creating a good world in which some beings may be deficient in good, which they sometimes are. This means that God does not want evil, but in a way allows it while providentially governing everything to the good that he is. God is so omnipotent that by allowing evil he can accomplish even greater and more numerous goods. In the work of God’s governing over the world, man occupies a special place because he is capable of a personal relationship with God. But man can also voluntarily deviate from the order and rules that lead him to union with his ultimate good which is God. Such an act is called the moral evil of guilt or sin. Thomas Aquinas finds the example and model of the victory of good over evil in the character of the righteous and innocent Job, who, thanks to the experience of a terrible evil, has realised that God infinitely transcends human cognition, being and power, and that any attribution of evil to God would be foolishness, that every denial of God’s existence because of the evil that befell him would be insane. Job realised that God’s righteousness and logos rule everything and that the ultimate victory of good is certain. (shrink)

In this paper several recent factor- and dimension-based models of precedential constraint are formally investigated and an alternative dimension-based model is proposed. Simple factor- and dimension-based syntactic criteria are identified for checking whether a decision in a new case is forced, in terms of the relevant differences between a precedent and a new case, and the difference between absence of factors and negated factors in factor-based models is investigated. Then Horty’s and Rigoni’s recent dimension-based (...) models of precedential constraint are critically examined. An alternative to their reason models is proposed which is less expressive but arguably easier to apply in practice. (shrink)

The Marburg neo-Kantians argue that Hermann von Helmholtz's empiricist account of the a priori does not account for certain knowledge, since it is based on a psychological phenomenon, trust in the regularities of nature. They argue that Helmholtz's account raises the 'problem of validity' (Gueltigkeitsproblem): how to establish a warranted claim that observed regularities are based on actual relations. I reconstruct Heinrich Hertz's and Ludwig Wittgenstein's Bild theoretic answer to the problem of validity: that scientists and philosophers can depict the (...) necessary a priori constraints on states of affairs in a given system, and can establish whether these relations are actual relations in nature. The analysis of necessity within a system is a lasting contribution of the Bild theory. However, Hertz and Wittgenstein argue that the logical and mathematical sentences of a Bild are rules, tools for constructing relations, and the rules themselves are meaningless outside the theory. Carnap revises the argument for validity by attempting to give semantic rules for translation between frameworks. Russell and Quine object that pragmatics better accounts for the role of a priori reasoning in translating between frameworks. The conclusion of the tale, then, is a partial vindication of Helmholtz's original account. (shrink)

Our growing understanding of human mind and cognition and the development of neurotechnology has triggered debate around cognitive enhancement in neuroethics. The dissertation examines the normative issues of memory enhancement, and focuses on two issues: the distinction between memory treatment and enhancement; and how the issue of authenticity concerns memory interventions, including memory treatments and enhancements. rnThe first part consists of a conceptual analysis of the concepts required for normative considerations. First, the representational nature and the function of memory (...) are discussed. Memory is regarded as a special form of self-representation resulting from a constructive processes. Next, the concepts of selfhood, personhood, and identity are examined and a conceptual tool—the autobiographical self-model —is introduced. An ASM is a collection of mental representations of the system’s relations with its past and potential future states. Third, the debate between objectivist and constructivist views of health are considered. I argue for a phenomenological account of health, which is based on the primacy of illness and negative utilitarianism.rnThe second part presents a synthesis of the relevant normative issues based on the conceptual tools developed. I argue that memory enhancement can be distinguished from memory treatment using a demarcation regarding the existence of memory-related suffering. That is, memory enhancements are, under standard circumstances and without any unwilling suffering or potential suffering resulting from the alteration of memory functions, interventions that aim to manipulate memory function based on the self-interests of the individual. I then consider the issue of authenticity, namely whether memory intervention or enhancement endangers “one’s true self”. By analyzing two conceptions of authenticity—authenticity as self-discovery and authenticity as self-creation, I propose that authenticity should be understood in terms of the satisfaction of the functional constraints of an ASM—synchronic coherence, diachronic coherence, and global veridicality. This framework provides clearer criteria for considering the relevant concerns and allows us to examine the moral values of authenticity. rn. (shrink)

There is disagreement over the notion of representation in cognitive science. Many investigators equate representations with symbols, that is, with syntactically defined elements in an internal symbol system. In recent years there have been two challenges to this orthodoxy. First, a number of philosophers, including many outside the symbolist orthodoxy, have argued that "representation" should be understood in its classical sense, as denoting a "stands for" relation between representation and represented. Second, there has been a growing challenge to (...) orthodoxy under the banner of connectionism. Although this connectionist challenge has evoked emotionally-charged rebukes from the symbolist camp, connectionists as a group have not articulated a conception of representation to replace the symbolist view. Nonetheless, most agree on the need for a nonsymbolic notion of representation. This paper advances a "stands for" sense of representation as primary by incorporating it into a general approach to cognitive science consonant with the connectionism. The idea is to marry connectionism to a particular version of functionalism, viz., one that builds its notion of "function" on the similarity between functional analysis in biology and in psychology. It builds on my earlier work adapting and revising Marr's tri-level approach to cognition. My proposal frees Marr's analysis from its moorings in the orthodox symbolic view of representation and allies it with a notion of functional analysis akin to that proposed by Cummins, developed further by Haugeland, and invoked by Millikan and Dretske. Unlike these authors, however, I do not wed representation to a general belief-desire analysis of behavior. Rather, I follow what I take to be the lesson of psychological practice, according to which the investigator does not seek to explain behavior in general but seeks to analyze the cognitive capacities that underlie behavior, such as vision, memory, learning, and linguistic capacities. Accordingly, ascriptions of representational content are made not by working back from belief-desire ascriptions, but in the context of forming psychological models to account for specific cognitive capacities. Because conceptions of representation in cognitive science typically are embedded in a general approach to the study of cognition, arguments for the comparative plausibility of a particular conception of representation must scout these larger frameworks. I therefore begin by characterizing the interlocking set of assumptions that gave life to the orthodox symbolist approach, paying special attention to the complementarity between representation and process that naturally arises from those assumptions. I then consider two versions of an alternative approach to representation: Dretske's and my own. Finally, I urge the merits of the "cognitive capacities" over the "belief-desire" approach to the subject-matter of cognitive science. (shrink)

A sense of agency (SoA) is the experience of subjective awareness regarding the control of one’s actions. Humans have a natural tendency to generate prediction models of the environment and adapt their models according to changes in the environment. The SoA is associated with the degree of the adaptation of the prediction models, e.g., insufficient adaptation causes low predictability and lowers the SoA over the environment. Thus, identifying the mechanisms behind the adaptation process of a prediction (...) model related to the SoA is essential for understanding the generative process of the SoA. In the first half of the current study, we constructed a mathematical model in which the SoA represents a likelihood value for a given observation (sensory feedback) in a prediction model of the environment and in which the prediction model is updated according to the likelihood value. From our mathematical model, we theoretically derived a testable hypothesis that the prediction model is updated according to a Bayesian rule or a stochastic gradient. In the second half of our study, we focused on the experimental examination of this hypothesis. In our experiment, human subjects were repeatedly asked to observe a moving square on a computer screen and press a button after a beep sound. The button press resulted in an abrupt jump of the moving square on the screen. Experiencing the various stochastic time intervals between the action execution button-press) and the consequent event square jumping caused gradual changes in the subjects' degree of their SoA. By comparing the above theoretical hypothesis with the experimental results, we concluded that the update (adaptation) rule of the prediction model based on the SoA is better described by a Bayesian update than by a stochastic gradient descent. (shrink)

G. W. Leibniz developed a new model for rational decision-making which is suited to complicated decisions, where goods do not rule each other out, but compete with each other. In such cases the deliberator has to consider all of the goods and pick the ones that contribute most to the desired goal which in Leibniz’s system is ultimately the advancement of universal perfection. The inclinations to particular goods can be seen as vectors leading to different directions much like forces (...) in Leibniz’s dynamics. The vectorial model of rational decision-making is related to Leibniz’s work with metaphysical physics and the calculus of variations and is a heuristic tool which helps in finding reasonable combinations – in ideal cases optimums - between competing goods. By applying the model, the decision-maker can map and compare outcomes of combinations of goods in question and practice a kind of pseudo-mechanical arithmetic of reasons. A central feature of the model is the possibility to employ geometrical figures to help the conceptualization. In this paper I present the vectorial model, examine its applications in practical cases from political theory, jurisprudence and ethics Leibniz presented, and compare the model to recent theories of acting under uncertainty, such as bounded rationality and optimizing under constraints. (shrink)

This paper explores the link between rules of grammar, grammar formalisms and the architecture of the language faculty. In doing so, it provides a flexible meta-level theory of the language faculty through the postulation of general axioms that govern the interaction of different components of grammar. The idea is simply that such an abstract formulation allows us to view the structure of the language faculty independently of specific theoretical frameworks/formalisms. It turns out that the system of rules, axioms and (...) constraints of grammar cannot beexplicitlyrepresented in a general architecture of the language faculty — which circumvents the ontological mismatch of mental representations and formal/axiomatic properties of language. Rather, the system of rules, axioms, constraints of grammar isintentionallyprojected by humans, and this projection realizes/instantiates what Dascal (1992) calls ‘psychopragmatics’. Relevant implications for linguistic theory, learnability and (computational) models of language processing are also explored. (shrink)

Inspired by legal reasoning, this paper presents a formal framework for assessing conflicting arguments. Its use is illustrated with applications to realistic legal examples, and the potential for implementation is discussed. The framework has the form of a logical system for defeasible argumentation. Its language, which is of a logic-programming-like nature, has both weak and explicit negation, and conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these (...) priorities are not fixed, but are themselves defeasibly derived as conclusions within the system. Thus debates on the choice between conflicting arguments can also be modelled.The proof theory of the system is stated in dialectical style, where a proof takes the form of a dialogue between a proponent and an opponent of an argument. An argument is shown to be justified if the proponent can make the opponent run out of moves in whatever way the opponent attacks. Despite this dialectical form, the system reflects a declarative, or relational approach to modelling legal argument. A basic assumption of this paper is that this approach complements two other lines of research in AI and Law, investigations of precedent-based reasoning and the development of procedural, or dialectical models of legal argument. (shrink)

The paper examines two forms of naturalistic moral realism, “Micro-structure realism” and “Reason realism” . The latter, as we defend it, locates the objectivity of moral facts in socially constructed reality, but the former, as exemplified by David Brink\'s model of naturalistic moral realism, secures the objectivity of moral facts in their micro- structure and a nomic supervenience relationship. We find MSR\'s parity argument for this account of moral facts implausible; it yields a relation ship between moral facts (...) and their natural- scientific constitution that has a queer, slapped- together quality. We argue that the relationship needs to be spelled out by a process of social construction, involving collective intentionality and constitutive rules. We explain how our constructivist model of RR differs from a form of it defended by Michael Smith , which analyzes moral facts by reference not to construction but rather to a hypothetical situation of full rationality. We agree with Smith, as against Bernard Williams, that a rational agent may have reasons for acting that go beyond the agent\'s “subjective motivational set,” but we locate such reasons by reference to the agent\'s member ship in an actual community, and we explore the prospects for moral objectivity given this constraint on moral reasons. (shrink)

The paper examines two forms of naturalistic moral realism, “Micro-structure realism” and “Reason realism”. The latter, as we defend it, locates the objectivity of moral facts in socially constructed reality, but the former, as exemplified by David Brink\'s model of naturalistic moral realism, secures the objectivity of moral facts in their micro- structure and a nomic supervenience relationship. We find MSR\'s parity argument for this account of moral facts implausible; it yields a relation ship between moral facts and (...) their natural- scientific constitution that has a queer, slapped- together quality. We argue that the relationship needs to be spelled out by a process of social construction, involving collective intentionality and constitutive rules. We explain how our constructivist model of RR differs from a form of it defended by Michael Smith, which analyzes moral facts by reference not to construction but rather to a hypothetical situation of full rationality. We agree with Smith, as against Bernard Williams, that a rational agent may have reasons for acting that go beyond the agent\'s “subjective motivational set,” but we locate such reasons by reference to the agent\'s member ship in an actual community, and we explore the prospects for moral objectivity given this constraint on moral reasons. (shrink)

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. (...) In this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

For much of their history, the relationship between anthropology and psychology has been well captured by Robert Frost's poem, “Mending Wall,” which ends with the ironic line, “good fences make good neighbors.” The congenial fence was that anthropology studied what people think and psychology studied how people think. Recent research, however, shows that content and process cannot be neatly segregated, because cultural differences in what people think affect how people think. To achieve a deeper understanding of the relation (...) between process and content, research must integrate the methodological insights from both anthropology and psychology. We review previous research and describe new studies in the domain of folk biology which examine the cognitive consequences of different conceptualizations of nature and the place of humans within it. The focus is on cultural differences in framework theories among Native Americans and European American children and adults living in close proximity in rural Wisconsin. Our results show that epistemological orientations affect memory organization, ecological reasoning, and the perceived role of humans in nature. This research also demonstrates that cultural differences in framework theories have implications for understanding intergroup conflict over natural resources and are relevant to efforts to improve science learning, especially among Native American children. (shrink)

ABSTRACTAccording to the prioritized reason model of precedent, precedential constraint is explained in terms of the need for decision-makers to reconcile their decisions with a settled priority order extracted from past cases. The prioritized reason model of precedent departs from the view that common law rules comprise protected reasons for action. In this article I show that a model utilizing protected reasons and the prioritized reason model of precedential constraint are, in an important sense, equivalent. I (...) then offer some reflections on the philosophical significance of this result. I argue that the protected reason model is consistent with the phenomenology of precedential constraint. I suggest an account of precedential reasoning that reconciles the prioritized reason and protected reason models. (shrink)

This paper is focused on the theory of drives, particularly on its economic model, which was an integral part of Freud’s original formulation. Freud was aiming to make a link between the psychic energy of drives and the biophysical rules of nature. However, he was not able to develop this model into a comprehensive system linking the body and the mind. The further development of psychoanalytic theory, in various attempts to comprehend the theory of drives, can be described as (...) taking different approaches. Some of them equate drives with bodily impulses, others abandon the economic model, a few stay with Freud’s original model. I believe that the Friston notion of free energy and the hierarchical model of the brain allows us to develop this model and to integrate the economic model into some contemporary theories of drives. I argue against those theories equating drives with biological impulses. My arguments are supported by Freud’s project itself but also by recent developments within neuro-psychoanalysis describing the process of mentalizing homeostasis, interoceptive signals and relations with caregivers. I argue for those theories which see the drives as psychic forces, which through developmental processes and cathexes acquire aims and objects, and become intertwined with impulses originating internally and externally, such as affect, interoceptive impulses, perception of the external world, and impulses from erotogenic zones in particular. Here, I present my analysis of the compatibility and consistency of free energy and the hierarchical model perspective, and two psychoanalytical traditions of thoughts: French psychoanalysis and the post-Kleinian school of British psychoanalysis. In particular, my analysis focuses on the contemporary Kleinian notion of unconscious phantasies, especially Bronstein’s description of their semiotic aspects. Secondly, I look at Segal’s view of drives as dialectic forces of adaptation vs. conservatism. Analyzing the French tradition, I focus on Green’s perspective on the drives, Lacan’s distinction between drives and desire, and Penot’s description of the process of subjectivation. I conclude that free energy, as described by Friston, can be seen as a source of the drives’ energy and the process of minimizing it is an equivalent of what Freud described as binding the free energy, in which psychic unbound energy acquires distinctive features and becomes bound. (shrink)

Falsificationism has dominated 20th century philosophy of science. It seemed to have eclipsed all forms of inductivism. Yet recent debates have revived a specific form of eliminative inductivism, the basic ideas of which go back to F. Bacon and J.S. Mill. These modern endorsements of eliminative inductivism claim to show that progressive problem solving is possible using induction, rather than falsification as a method of justification. But this common ground between falsificationism and eliminative inductivism has not led to a (...) detailed investigation into the relationship, if any, which may exist between these two methodologies. This paper reviews several versions of eliminative inductivism, establishes a natural relation between eliminative inductivism and falsificationism, which derives from the distinction between models and theories, and carries out this investigation against a case study of the construction of atom models. The result of the investigation is that falsificationism is a form of eliminative inductivism in the limit of certain constraints. (shrink)

This paper discusses the relation between the natural deduction rules of deduction in sequent format and the provability valuation starting from Garson’s Local Expression Theorem, which is meant to establish that the natural deduction rules of inference enforce exactly the classical meanings of the propositional connectives if these rules are taken to be locally valid, i.e. if they are taken to preserve sequent satisfaction. I argue that the natural deduction rules for disjunction are in no (...) better position than the axiomatic calculi in uniquely determining the intended meaning of disjunction when the local models are used, if a satisfied sequent embeds, as a logical inferentialist should require, a formal derivability relation. This happens because, when governed by these rules and without additional semantic assumptions, the disjunction sign still expresses a non-extensional connective, i.e. a connective that, properly understood, has no unique logical characteristic. However, this is not a dead end for the logical inferentialists since both a multiple conclusions formalization of the disjunction operator and a bilateralist one do succeed in restoring the standard meaning of disjunction. (shrink)

The aim of this study is to justify the belief that there are biological normative mechanisms that fulfill non-trivial causal roles in the explanations (as formulated by researchers) of actions and behaviors present in specific systems. One example of such mechanisms is the predictive mechanisms described and explained by predictive processing (hereinafter PP), which (1) guide actions and (2) shape causal transitions between states that have specific content and fulfillment conditions (e.g. mental states). Therefore, I am guided by a (...) specific theoretical goal associated with the need to indicate those conditions that should be met by the non-trivial theory of normative mechanisms and the specific models proposed by PP supporters. In this work, I use classical philosophical methods, such as conceptual analysis and critical reflection. I also analyze selected studies in the field of cognitive science, cognitive psychology, neurology, information theory and biology in terms of the methodology, argumentation and language used, in accordance with their theoretical importance for the issues discussed in this study. In this sense, the research presented here is interdisciplinary. My research framework is informed by the mechanistic model of explanation, which defines the necessary and sufficient conditions for explaining a given phenomenon. The research methods I chose are therefore related to the problems that I intend to solve. In the introductory chapter, “The concept of predictive processing”, I discuss the nature of PP as well as its main assumptions and theses. I also highlight the key concepts and distinctions for this research framework. Many authors argue that PP is a contemporary version of Kantianism and is exposed to objections similar to those made against the approach of Immanuel Kant. I discuss this thesis and show that it is only in a very general sense that the PP framework is neo-Kantian. Here we are not dealing with transcendental deduction nor with the application of transcendental arguments. I argue that PP is based on reverse engineering and abduction inferences. In the second part of this chapter, I respond to the objection formulated by Dan Zahavi, who directly accuses this research framework of anti-realistic consequences. I demonstrate that the position of internalism, present in the so-called conservative PP, does not imply anti-realism, and that, due to the explanatory role played in it by structural representations directed at real patterns, it is justified to claim that PP is realistic. In this way, I show that PP is a non-trivial research framework, having its subject, specific methods and its own epistemic status. Finally, I discuss positions classified as the socalled radical PP. In the chapter “Predictive processing as a Bayesian explanatory model” I justify the thesis according to which PP offers Bayesian modeling. Many researchers claim that the brain is an implemented statistical probabilistic network that is an approximation of the Bayesian 7 rule. In practice, this means that all cognitive processes are to apply Bayes' rule and can be described in terms of probability distributions. Such a solution arouses objections among many researchers and is the subject of wide criticism. The purpose of this chapter is to justify the thesis that Bayesian PP is a non-trivial research framework. For this purpose, I argue that it explains certain phenomena not only at the computational level described by David Marr, but also at the level of algorithms and implementation. Later in this chapter I demonstrate that PP is normative modeling. Proponents of the use of Bayesian models in psychology or decision theory argue that they are normative because they allow the formulation of formal rules of action that show what needs to be done to make a given action optimal. Critics of this approach emphasize that such thinking about the normativity of Bayesian modeling is unjustified and that science should shift from prescriptive to descriptive positions. In a polemic with Shira Elqayam and Jonathan Evans (2011), I show that the division they propose into prescriptivism and Bayesian descriptivism is apparent, because, as I argue, there are two forms of prescriptivism, i.e. the weak and the strong. I argue that the weak version is epistemic and can lead to anti-realism, while the strong version is ontic and allows one to justify realism in relation to Bayesian models. I argue that a weak version of prescriptivism is valid for PP. It allows us to adopt anti-realism in relation to PP. In practice, this means that you can explain phenomena using Bayes' rule. This does not, however, imply that they are Bayesian in nature. However, the full justification of realism in relation to the Bayesian PP presupposes the adoption of strong prescriptivism. This position assumes that phenomena are explained by Bayesian rule because they are Bayesian as such. If they are Bayesian in nature, then they should be explained using Bayesian modeling. This thesis will be substantiated in the chapters “Normative functions and mechanisms in the context of predictive processing” and “Normative mechanisms and actions in predictive processing”. In the chapter “The Free Energy Principle in predictive processing”, I discuss the Free Energy Principle (hereinafter FEP) formulated by Karl Friston and some of its implications. According to this principle, all biological systems (defined in terms of Markov blankets) minimize the free energy of their internal states in order to maintain homeostasis. Some researchers believe that PP is a special case of applying this principle to cognition, and that predictive mechanisms are homeostatic mechanisms that minimize free energy. The discussion of FEP is important due to the fact that some authors consider it to be important for explanatory purposes and normative. If this is the case, then FEP turns out to be crucial in explaining normative predictive mechanisms and, in general, any normative biological mechanisms. To define the explanatory possibilities of this principle, I refer to the discussion of its supporters on the issue they define as the problem of continuity and discontinuity between life and mind. A critical analysis of this discussion and the additional arguments I have formulated have allowed me to revise the explanatory ambitions of FEP. I also reject the belief that this principle is necessary to explain the nature of predictive mechanisms. I argue that the principle formulated and defended by Friston is an important research heuristic for PP analysis. 8 In the chapter “Normative functions and mechanisms in predictive processing”, I start my analyzes by formulating an answer to the question about the normative nature of homeostatic mechanisms. I demonstrate that predictive mechanisms are not homeostatic. I defend the view that a full explanation of normative mechanisms presupposes an explanation of normative functions. I discuss the most important proposals for understanding the normativity of a function, both from a systemic and teleosemantic perspective. I conclude that the non-trivial concept of a function must meet two requirements which I define as explanatory and normative. I show that none of the theories I have invoked satisfactorily meets both of these requirements. Instead, I propose a model of normativity based on Bickhard's account, but supplemented by a mechanistic perspective. I argue that a function is normative when: (1) it allows one to explain the dysfunction of a given mechanism; (2) it contributes to the maintenance of the organism's stability by shaping and limiting possible relations, processes and behaviors of a given system; and when (3) (according to the representational and predictive functions) it enables explaining the attribution of logical values of certain representations / predictions. In such an approach, a mechanism is normative when it performs certain normative functions and when it is constitutive for a specific action or behavior, despite the fact that for some reason it cannot realize it either currently or in the long-term. Such an understanding of the normativity of mechanisms presupposes the acceptance of the epistemic hypothesis. I argue that this hypothesis is not cognitively satisfactory, and therefore the ontic hypothesis should be justified, which is directly related to adopting the position of ontic prescriptivism. For this reason, referring to the mechanistic theory of scientific explanations, I formulate an ontical interpretation of the concept of a normative mechanism. According to this approach, a mechanism or a function is normative when they perform such and such causal roles in explaining certain actions and behaviors. With regard to the normative properties of predictive mechanisms and functions, this means that they are the causes of specific actions an organism carries out in the environment. In this way, I justify the necessity of accepting the ontic hypothesis and rejecting the epistemic hypothesis. The fifth chapter, “Normative mechanisms and actions in predictive processing”, is devoted to the dark room problem and the related exploration-exploitation trade-off. A dark room is the state that an agent could be in if it minimized the sum of all potential prediction errors. I demonstrate that, in accordance with the basic assumption of PP about the need for continuous and long-term minimization of prediction errors, such a state should be desirable for the agent. Is it really so? Many authors believe it is not. I argue that the test of the value of PP is the possibility of a non-trivial solution of this problem, which can be reduced to the choice between active and uncertainty-increasing exploration and safe and easily predictable exploitation. I show that the solution proposed by PP supporters present in the literature does not enable a fully satisfactory explanation of this dilemma. Then I defend the position according to which the full explanation of the normative mechanisms, and, subsequently, the solution to the dilemma of exploration and exploitation, involves reference to the existence of constraints present in the environment. The constraints 9 include elements of the environment that make a given mechanism not only causal but also normative. They are therefore key to explaining the predictive mechanisms. They do not only play the role of the context in which the mechanism is implemented, but, above all, are its constitutive component. I argue that the full explanation of the role of constraints in normative predictive mechanisms presupposes the integration of individual models of specific cognitive phenomena, because only the mechanistic integration of PP with other models allows for a non-trivial explanation of the nature of normative predictive mechanisms that would have a strong explanatory value. The explanatory monism present in many approaches to PP makes it impossible to solve the problem of the dark room. Later in this chapter, I argue that the Bayesian PP is normative not because it enables the formulation of such and such rules of action, but because the predictive mechanisms themselves are normative. They are normative because they condition the choice of such and such actions by agents. In this way, I justify the hypothesis that normative mechanisms make it possible to explain the phenomenon of agent motivation, which is crucial for solving the dark room problem. In the last part of the chapter, I formulate the hypothesis of distributed normativity, which assumes that the normative nature of certain mechanisms, functions or objects is determined by the relations into which these mechanisms, functions or objects enter. This means that what is normative (in the primary sense) is the relational structure that constitutes the normativity of specific items included in it. I suggest that this hypothesis opens up many areas of research and makes it possible to rethink many problems. In the “Conclusion”, I summarize the results of my research and indicate further research perspectives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Four Philosophical Models of the Relation Between Theory and PracticeEstelle R. JorgensenSince music education straddles theory and practice, my purpose is to sketch the strengths and weaknesses of four philosophical models of the relationship between theory and practice. I demonstrate that none of them suffices when taken alone; each has something to offer and its own detractions. And I conclude with four suggested ways (...) in which the analysis can be helpful to music teachers and those interested in their work.Clarifying what is meant by theory and practice raises a nest of conceptual problems. Concerning theory, it may be tempting to equate the terms "theory" and "philosophy." Among their shared properties, these terms deal with conceptual and abstract entities that, from the Enlightenment at least, have been held to be distinct from the phenomenal world. They also clarify ideas and distinguish one concept from another. Among their different purposes, the object of philosophy is the asking of questions in a search for wisdom or truth whereas theory is formulated for explanatory purposes, especially within the frame of scientific propositions that can be refuted through empirical observations. The tests of philosophy are, therefore, those of symbolic logic evidenced in principles such as [End Page 21] internal consistency, correspondence with evidence (deductive, inductive, or analogical), and coherence within a unity or whole. Although logical criteria may also be important in formulating and testing theory,1 it is tested and refuted primarily through means of qualitative descriptions and quantitative assessments of observable phenomena.Regarding practice, one is also confronted with an ambiguous construct that may be interpreted descriptively (what is done in the phenomenal world or taken to be the general state of affairs) or normatively (what is desirable or ideal). There is also the distinction between the practice of a seasoned performer and practice in the sense of striving towards the mastery of a competent and expert practice. In this regard, Vernon Howard distinguishes between "practice" (or the skills exemplified by proficient or expert performers) and "practise (or acquiring the level of mastery of proficient or expert performance)."2 For him, the ambiguous and paradoxical nature of artistic practice highlights the complexity of degrees of attaining mastery of skills or exemplary practice and the diverse array of skills ranging from habit to critical thinking involved in the practice of any art. Although each practice is distinguished by its own belief systems, rituals, expectations, and commonsense, boundaries between differing practices are sometimes "soft" or fuzzy, as one seeps into another.3 Consequently, it is often difficult to distinguish one from another at the margins where one practice becomes another.DichotomyThe notion of theory and practice as independent or a dichotomous relationship between the phenomenal world on the one hand and the mind and spirit on the other has its roots in the ancient world. For Plato, the world of "appearances," referring to the phenomenal world understood by imagination (eikasia) and belief (pistis), should be distinguished from the higher, abstract "intelligible world" grasped through thinking (dianoia), knowledge (episteme), and intelligence (noesis).4 René Descartes' later bifurcation of the inner and outer worlds and inversion of Platonic values and understandings resulted in the ascendancy of careful and deliberate observation of the phenomenal world over philosophical reflection.5 His ideas helped to set the stage for the Enlightenment and the Industrial, Scientific, and Information Revolutions. Empiricism, science, and technology gradually displaced philosophy as primary ways of knowing the phenomenal world and understanding the nature of mind, human cognition, feeling, and being. Making hard-boundaried distinctions between within and without one's self, the phenomenal world and the world of spiritual things, and theory and practice were important insights. These distinctions provided for limits on the sorts of ways in which truth could be known. Reasoned deliberation [End Page 22] and imaginative thought have particular usefulness in the world of theory while sensory perception and careful observation are especially useful in the phenomenal world of practice. So while the scholar might speculate about phenomena, observational tools are also useful in coming to know and understand them. Reason and observation each have particular strengths, and it ought not be assumed that philosophy or scientific observation... (shrink)

In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of this short-sighted (...) view are found in primitive mechanical models of relationships in the empirical and social world – those of objective causality and determinism. Insofar as it is believed that if we had sufficient data a clear and unequivocal answer would be available to each question, admission of uncertainty is seen as a sign of insufficiency, incompetence, impotence, and is avoided whenever a decision that must be seen to be based on valid reasons, cannot be avoided. Avoidance of some decisions, duplicity in others, is the result. -/- Decision-making must be restructured to recognize the provisional and context-bound validity and relevance of the models we use to conceptualize and order our understanding of phenomena, and to utilize this awareness as an instrument in the production of legal policies and decisions that will be authoritative precisely because they are honestly accurate and socially responsible. The paper makes a start on such a re-structuring of the legal process by exploring the implications of the observation that if law is to be “just”: 1) legal policy must be based on accurate information and rationally related to social goals; and 2) decisions applying policy to individual fact situations must be based on assumptions that are both relevant and accurate. -/- Reasons for determinations of fact must be given, otherwise the presumption that the trier of fact is “reasonable” is an unconditional licence to use private modes of logic and theories of social and natural science. What is not disclosed cannot be challenged on grounds of invalidity or irrelevance. -/- Use of “objective validity” as a standard to evaluate conclusions made by the trier of fact in contentious cases would only serve to beg all important questions by concealing: 1) fundamental normative conflict, and 2) the limited nature and applicability of many validity claims. -/- Our use of the phrases “undue risk,” “public interest,” “reasonable,” and “necessary,” reflects the weight we choose to give conflicting social values and goals when we must make decisions in relative ignorance of all the consequences. “Objective criteria” are of limited utility in legal decision-making because their social meaning is derivative. Policy generation in the absence of any coherent conceptual-normative framework, use of vague terminology in legislation stating policy, and the absence of rational means to distinguish between individual cases to which decision-makers are required by law to apply policy, make it inevitable that many legal “decisions” made in the guise of determinations of objective fact, are charades, an arbitrary, capricious, intuitive, subjective (and thus private) use of public decision-making power. -/- Law must alter its aspirations and recognize that rational decision-making is a process that can occur only within parameters set by present knowledge and societal preference structures. Only by working with the constraints imposed by these parameters is it possible to achieve “just” decisions. Where no rational basis for differentiating cases exists, “individualized justice” must be avoided and public policy articulated in law applied uniformly to all cases in a class. The terms “reasonable” and “necessary,” used to describe policy and its consequences for specific cases, must be understood to represent provisional societal assessments, attempts to implement societal preference structures in the face of limited knowledge. Heightened awareness of the limited nature of our knowledge can only result in legal policies that have a more explicit normative basis. -/- The volume is is published with an introduction by Michael D. Bayles. It is available in hardback, paperback, and as an ebook. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of (...) the work, noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

According to the prioritized reason model of precedent, precedential constraint is explained in terms of the need for decision-makers to reconcile their decisions with a settled priority order extracted from past cases. The prioritized reason model of precedent departs from the view that common law rules comprise protected reasons for action. In this article I show that a model utilizing protected reasons and the prioritized reason model of precedential constraint are, in an important sense, equivalent. I (...) then offer some reflections on the philosophical significance of this result. I argue that the protected reason model is consistent with the phenomenology of precedential constraint. I suggest an account of precedential reasoning that reconciles the prioritized reason and protected reason models. (shrink)

In “Two Ways of Thinking About Fitness and Natural Selection” (Matthen and Ariew [2002]; henceforth “Two Ways”), we asked how one should think of the relationship between the various factors invoked to explain evolutionary change – selection, drift, genetic constraints, and so on. We suggested that these factors are not related to one another as “forces” are in classical mechanics. We think it incoherent, for instance, to think of natural selection and drift as separate and opposed “forces” (...) in evolutionary change – that it makes sense to say, for instance, that selection contributed 80% to the actual evolutionary history of the human eye, and drift only 20%. We proposed instead a statistical view of the Theory of Evolution, a view in which fitness is not a cause of evolution, but rather a measure of growth. We also argued for a “hierarchical realization model” for thinking about the relationship between evolutionary factors such as those mentioned above, and suggested that in a “fully specified model”, as we call it below, there is no distinction between natural selection and evolution. (shrink)

This work held an exhibition of the thinking of Robert Alexy concerning the relations between law and morality, which can be understood as an attempt to overcome the old quarrel between legal positivism and natural law. The author develops then a system that allows to appreciate the legal rulings according to their moral quality, depriving the legalitythose considered too unfair and correcting those considered reparable.

This thesis investigates the epistemological and metaphysical relations between chemistry and quantum mechanics. These relations are examined with respect to how chemistry and quantum mechanics each describe a single inert molecule. A review of how these relations are understood in the literature shows that there is a proliferation of positions which focus on how chemistry is separate from quantum mechanics. This proliferation is accompanied by a tendency within the philosophy of chemistry community to connect the legitimacy of the field (...) with the autonomy of chemistry. First, it is argued that this connection should not be made. Secondly, it is argued that chemistry and quantum mechanics are unified in accordance with Harold Kincaid’s model of non-reductive unity because the two theories exhibit particular epistemic and metaphysical interconnections. Thirdly, a metaphysical account is examined which is incompatible with Kincaid’s model of unity; namely strong emergence as understood by Robin Hendry. According to Hendry, the structure of a single inert molecule strongly emerges from its quantum mechanical entities in the sense that there is downward causation. However, Hendry’s defense of this account faces certain problems. Moreover, the putative empirical evidence for his understanding of strong emergence can be explained without invoking strong emergence. This is shown by considering how quantum mechanics assumes an idealized understanding of a molecule’s stability and structure. In the light of the philosophical literature on idealizations, this idealization can be interpreted in two different ways, both of which explain why quantum mechanics describes the structure of a single molecule the way it does, without assuming strong emergence in Hendry’s sense. Each interpretation has philosophical implications regarding the nature of chemical properties, and the relation of chemistry and quantum mechanics. These implications are consistent with Kincaid’s model of unity and thus further support chemistry’s unity with quantum mechanics (as per Kincaid). (shrink)

The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting (...) the constraint that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

This study analyzes Siyāsatnāma tradition in Sunnī political thought in terms of exploring the problem of just ruling. In the relevant literature, the dominant approach considers Siyāsatnāmas as ethical advice in general and regards them as ineffective against an unjust ruler who has no ethical concern. This study criticizes this dominant view by claiming that in addition to the religious/ethical argument to promote a just rule, the Siyāsatnāma tradition develops a second argument designed specifically for an unjust ruler who (...) ignores ethical advice. This second argument is ignored by the dominant position about the Siyāsatnāma tradition. I have called it self-interest argument in this study. An unjust ruler’s self-interest is to maintain, empower, and hand down his power to his descendants. The self-interest argument tries to convince a ruler who dismisses ethical advice to adopt just ruling by revealing that even for an unjust ruler the best strategy is just ruling to reach for his worldly aims. Summary: Earlier civilizations generated a Siyāsatnāma tradition to provide ethical and practical advice to rulers about a just and efficient ruling in a society. This tradition played an important role in classical Islamic political thought. Muslim rulers and thinkers who are acquainted with this tradition as a result of early Islamic conquests. In the beginning, some Siyāsatnāmas were translated into Arabic but later Muslim administrators and thinkers wrote original Siyāsatnāmas by including their experiences and other Islamic sources. The Siyāsatnāmas put forward both ethical advice and practical methods for rulers to rule justly and efficiently their states. While ethical advises are mainly derived from religious sources and individuals considered to be holy, practical methods are gathered from experiences of rulers who became successful in establishing just, efficient, and strong states in history. The Siyāsatnāma tradition does not seek theoretical, abstract, and philosophical models of just ruling. Rather it relies on experimental reason, common sense, historical wisdom, and ethical reasoning. This tradition is called “Mirrors for Princes” in Western political thought. In the relevant literature, the Siyāsatnāma tradition is seen as ethical advice in essence. This approach argues that this tradition simply relies on ethical and religious arguments to promote just ruling without devising any institutional measures such as a check and balance system to constraint the authority of the ruler. In the absence of any institutional control over the power of the ruler, the ethical argument means that: If the ruler rules justly, he would be awarded in the afterlife, while if he rules unjustly he would be punished in the afterlife. According to this approach, without any institutional measure, the Siyāsatnāma tradition, in reality, leaves the problem of just ruling to personal preference and the conscious of the ruler. It is up to the ruler whether he rules justly or unjustly, for there is not any external constraint over his power, given that he does not care about the afterlife. If he has a concern about his salvation in the afterlife, ethical advice would be effective, otherwise, those advice would not have any influence over him. As a result, according to this approach, the ethical argument fails in the final analysis against the unjust ruler who has no ethical concern. This dominant view ignores a second approach developed in the Siyāsatnāma tradition specifically to convince the ruler who has not any ethical concern to rule justly. I call it self-interest argument in this study. Unlike the dominant approach’s claim, the Siyāsatnāma tradition takes the problem of unjust ruler seriously and appeals to his self-interest to convince him to rule justly. The self-interest argument is clearly aware of the limits of the ethical argument against the ruler who does not care about the afterlife. An unjust ruler’s self-interest is to maintain, empower, and then hand down his dynasty to his descendants. The self-interest argument tries to convince a ruler ignoring ethical advice to adopt the just ruling by revealing that even for an unjust ruler the best strategy is just rule to reach for his worldly aims. Many historical examples are given to make it clear that unjust rules are short-lived.The essence of the self-interest argument is that: The just rule creates trust both among individuals and the state and society, then this widespread trust awakens the desire of attaining a comfortable life in human nature. The efforts of the individuals with the purpose of attaining a comfortable life lead to social and economic development in society, which in turn increases the financial sources of the state. That is why a just rule is the only solution to create a strong state as well as a developed society. The unjust ruling on the other hand, leads to distrust between the state and society and among individuals. This distrust and fear from the state lead to deterioration of the economic situation, for the desire embedded in human nature to attain a comfortable life would not awaken in such a society. As a result, the ruler could not have the necessary financial resources, which would weaken his power. That is why the just ruling is the only solution that serves to the interest of a ruler who only wants worldly power. This study analyzes Mâwardî’s and Ghazâlî’s political theories to reveal the self-interest argument in the Siyāsatnāma tradition. This self-interet argument could be seen in Hobbes’ political theory also. Hobbes, as one of the founders of modern political thought, takes the civil wars created by different religious sects and ideologies in the 17th century Europe as his starting point to formulate his model of the state. Hobbes thinks that without social peace and order, there would not be a society. He offers a strong monarchy which relies on the unity of powers as a solution to establish a peaceful society. The only responsibility of Leviathan as a strong and effective state is to establish and maintain peace and order in society. Any restriction over individuals is acceptable to reach that goal according to Hobbes. The source of the authority of the ruler is not just rule but social peace and order. Yet, after securing peace and order, Hobbes argues, it is the best policy for the ruler to rule justly, for a just rule leads to both social and economic development and increases financial sources of the state. The Hobbesian argument is also self-interest argument that we could find within the Siyāsatnāma tradition. He tells the ruler that even though he does not have to rule justly, it is the best policy to serve his self-interest. (shrink)

The notion of maximal greatness is arguably part of the very concept of God: something greater than God is not even possible. But how should we understand this notion? The aim of this paper is to provide a Śaivist answer to this question by analyzing the form of theism advocated in the Pratyabhijñā tradition. First, I extract a model of divine greatness, the Hierarchical Model, from Nagasawa’s work "Maximal God". According to the Hierarchical Model, God is that than which nothing (...) could be greater by virtue of being better suited than all other beings in relation to certain great-making properties (§1). I then offer an analysis of the form of theism advocated in the Pratyabhijñā tradition by discussing passages from the works of Somānanda, the founder of the Pratyabhijñā school, and of Utpaladeva, the most prominent of Somānanda’s disciples. I argue that the Pratyabhijñā theist cannot account for divine greatness in terms of the Hierarchical Model. My argument is that the Hierarchical Model requires a comparison between God and other beings that cannot be made with the Pratyabhijñā God (§2). Finally, I develop an original alternative model, the Unlimited Nature Model, that accounts for God’s maximal greatness in a way that suits Pratyabhijñā’s theism. According to the Unlimited Nature Model, the nature of all ordinary beings is metaphysically limited as a result of realizing only a small portion of the potential of what could be, and God is maximally great because only he has a completely unlimited nature (§3). (shrink)

Connectionist models provide a promising alternative to the traditional computational approach that has for several decades dominated cognitive science and artificial intelligence, although the nature of connectionist models and their relation to symbol processing remains controversial. Connectionist models can be characterized by three general computational features: distinct layers of interconnected units, recursive rules for updating the strengths of the connections during learning, and “simple” homogeneous computing elements. Using just these three features one can construct surprisingly elegant (...) and powerful models of memory, perception, motor control, categorization, and reasoning. What makes the connectionist approach unique is not its variety of representational possibilities or its departure from explicit rule-based models, or even its preoccupation with the brain metaphor. Rather, it is that connectionist models can be used to explore systematically the complex interaction between learning and representation, as we try to demonstrate through the analysis of several large networks. (shrink)

Philosophers of science have used various formulations of the "random mutation--natural selection" scheme to explain the development of scientific knowledge. But the uncritical acceptance of this evolutionary model has led to substantive problems concerning the relation between fact and theory. The primary difficulty lies in the fact that those who adopt this model (Popper and Kuhn, for example) are led to claim that theories arise chiefly through the processes of relatively random change. Systems theory constitutes a general (...) criticism of this model insofar as it demonstrates the necessity of supplementing this mechanism with the non-random influences exercised by the internal organization of a system on its own development. (shrink)

In mainstream Anglo-American philosophy, the relation between cognition and community has been defined primarily in terms of the generalization of the mathematical function, especially as a model for the nature of rules, which thus come to be under-stood as algorithms. This leads to the elimination of both the reflexive, synthesizing subject, and the intrinsic communal-historical nature of argumentation and belief-formation. Against this approach, I follow R.G. Collingwood’s hitherto unrecognized strategy in his Essay on Metaphysics and argue that the (...) relation of cognition and community is better understood by way of the ancient and forgotten model of creedal rules of faith or trust. These will be shown to have the logical form of first person performative rules of faith or trust that generate third person declaratives or proposi-tions, and so constitute the possibility conditions for an argumentational logic of question and answer. They restore the synthetic subject, for they are not algorithms but reflexive and interpretive formulae; they are communally constituted and so historically saturated; and they reinstate an ontological theory of truth as disclosure, with coherence and comprehensiveness as its criteria. In these respects, as Collingwood saw, the creedal model provides a fresh interpretation of the historicality of argumentation and redefines the relation of cognition and community in terms of the interdependence of faith and reason. (shrink)

Unlike statutory law, which relies on the explicit formulation of rules, common law is thought to emerge from a complex doctrine of precedential constraint, according to which decisions in earlier cases constrain later courts while still allowing these courts the freedom to address new situations in creative ways. Although this doctrine is applied by legal practitioners on a daily basis, it has proved to be considerably more difficult to develop an adequate theoretical account of the doctrine itself. Drawing (...) on recent work in legal theory, as well as AI and law, this book develops a new account of precedential constraint and the balance achieved in the common law between constraint and freedom. This account, which involves construction of a group priority ordering among reasons, is then applied to other topics including the semantics of open-textured predicates and the practice of making exceptions to general rules. (shrink)

A theory of understanding -- Truth's role in understanding -- Critique of justificationist and evidential accounts -- Do pragmatist views avoid this critique? -- A realistic account -- How evidence and truth are related -- Three grades of involvement of truth in theories of understanding -- Anchoring -- Next steps -- Reference and reasons -- The main thesis and its location -- Exposition and four argument-types -- Significance and consequences of the main thesis -- The first person as a case (...) study -- Fully self-conscious thought -- Immunity to error through misidentification relative to the first person -- Can a use of the first-person concept fail to refer? -- Some conceptual roles are distinctive but not fundamental -- Implicit conceptions -- Implicit conceptions : motivation and examples -- Deflationary readings rejected -- The phenomenon of new principles -- Explanation by implicit conceptions -- Rationalist aspects -- Consequences : rationality, justification, understanding -- Transitional -- Applications to mental concepts -- Conceiving of conscious states -- Understanding and identity in other cases -- Constraints on legitimate explanations in terms of identity -- Why is the subjective case different? -- Attractions of the interlocking account -- Tacit knowledge, and externalism about the internal -- Is this the myth of the given? -- Knowledge of others' conscious states -- Communicability : between Frege and Wittgenstein -- Conclusions and significance -- 'Another I' : representing perception and action -- The core rule -- Modal status and its significance -- Comparisons -- The possession-condition and some empirical phenomena -- The model generalized -- Wider issues -- Mental action -- The distinctive features of action-awareness -- The nature and range of mental actions -- The principal hypothesis and its grounds -- The principal hypothesis : distinctions and consequences -- How do we know about our own mental actions? -- Concepts of mental actions and their epistemological significance -- Is this account open to the same objections as perceptual models of introspection? -- Characterizing and unifying schizophrenic experience -- The first person in the self-ascription of action -- Rational agency and action-awareness -- Representing thoughts -- The puzzle -- A proposal -- How the solution treats the constraints that generate the puzzle -- Relation to single-level treatments -- An application : reconciling externalism with distinctive self-knowledge. (shrink)

Rumelhart and McClelland's chapter about learning the past tense created a degree of controversy extraordinary even in the adversarial culture of modern science. It also stimulated a vast amount of research that advanced the understanding of the past tense, inflectional morphology in English and other languages, the nature of linguistic representations, relations between language and other phenomena such as reading and object recognition, the properties of artificial neural networks, and other topics. We examine the impact of the Rumelhart and (...) McClelland model with the benefit of 25 years of hindsight. It is not clear who “won” the debate. It is clear, however, that the core ideas that the model instantiated have been assimilated into many areas in the study of language, changing the focus of research from abstract characterizations of linguistic competence to an emphasis on the role of the statistical structure of language in acquisition and processing. (shrink)

Modern logic provides accounts of both interpretation and derivation which work together to provide abstract frameworks for modelling the sensitivity of human reasoning to task, context and content. Cognitive theories have underplayed the importance of interpretative processes. We illustrate, using Wason's [Q. J. Exp. Psychol. 20 (1968) 273] selection task, how better empirical cognitive investigations and theories can be built directly on logical accounts when this imbalance is redressed. Subjects quite reasonably experience great difficulty in assigning logical form to descriptively (...) interpreted rules in this task and materials, though not to deontically interpreted ones. The main empirical contrasts in reasoning performance are precisely between these interpretations, so better semantic theory can explain the main empirical effects. However, a more adequate notion of logical form than that typically employed in the psychology of reasoning is required, and we offer a richer alternative. Prima facie evidence that subjects do in fact experience the predicted difficulties in interpreting descriptive materials is provided by analyses of socratic tutoring dialogues. Experimental verification that these difficulties do in fact affect subjects' performance in the standard task is provided by six novel experimental conditions each designed to test different aspects of the semantic predictions. The results bear out the predictions. The semantic distinction between descriptive and deontic rules interacts with the task specifics to provide powerful generalisations about reasoning which surface in detailed explanations of many disparate observations. We conclude that semantic analyses have more direct benefits for psychological investigation than is usually credited, and conversely, that the extraordinary pragmatic circumstances of psychological experiments yield much thought provoking data for semantic analysis. © 2004 Cognitive Science Society, Inc. All rights reserved.Subjects quite reasonably experience great difficulty in assigning logical form to descriptively interpreted rules in this task and materials, though not to deontically interpreted ones. The main empirical contracts in reasoning performance are precisely between these interpretatins, so better semantic theory can explain the main empirical effects. Howevers, a more adequate nation of logical from than that typically employed in the psychology of reasoning in required, and we offer a richer alternative.Prima facie evidence that subjects do in fact experience the predicted difficulties in interpreting descriptive materials is provided by analyses of socratic tutoring dialogues. Experimental verification that these difficulties do in fact affect subjects' performance in the standard task is provided by six novel experimental conditions each designed to test different aspects of the semantic predications.The resluts bear out the predictions. The semantic distinction between descriptive and deontic rules interacts with the task specifics to provide powerful generalisations about reasoning which surface in detailed explanations of many disparate observations. We conclude that semantic analyses have more direct benefits for psychological investigation than is usually credited, and conversely, that the extraordinary pragmatic circumstances of psychological experiments yield much thought provoking data for semantic analysis. (shrink)

The year 2012 has witnessed worldwide celebrations of Alan Turing’s 100th birthday. A great number of conferences and workshops were organized by logicians, computer scientists and researchers in AI, showing the continued flourishing of computer science, and the fruitful interfaces between logic and computer science. Logic is no longer just the concept that Frege had about one hundred years ago, let alone that of Aristotle twenty centuries before. One of the prominent features of contemporary logic is its interdisciplinary character, (...) connecting across mathematics, philosophy, modern computer science, and even the cognitive and social sciences. -/- China is no exception. This special issue explores interfaces of logic with AI and other disciplines, and it attempts to give a bird’s eye view of the developing landscape of logic and AI in China. Our contributors come from computer science, AI, philosophy and linguistics, united by their interest in using formal logical tools and notions to deal with substantial problems in their fields. We are aware that AI is a vast area, and that the limitations of space in a volume like this may provide a somewhat incomplete or biased view. Still we hope that the six papers selected here illustrate the concerns and curiosity driving Chinese researchers, on topics shared with our colleagues around the world. -/- One of the active research areas in AI is planning under uncertainty, with incomplete knowledge, where a well-established logical framework is the action language of Son and Baral (Son and Baral 2001). This language can express the notions of sensing actions and making conditional plans. However, its current semantics is not yet satisfactory, since according to the semantics an agent would not have knowledge of what happens after a plan is executed, which can be a serious problem in a safety-critical environment. In their paper Proof Systems for Planning under Cautious Semantics (Shen and Zhao 2013), Yuping Shen and Xishun Zhao address this problem and propose a cautious and weakly cautious semantics for the action language. This new semantics enables the agent to know exactly what happens after executing an action. Hoare style proof systems are then proposed and proved to be sound and complete. What is more, the proposed new system reduces the reasoning complexity of the action language. -/- In Preferential Semantics for Plausible Subsumption in Possibility Theory (Qi and Zhang 2013), Guilin Qi and Zhizheng Zhang investigate another important issue in AI: how to handle exceptions in a knowledge-based system. This has become a hot topic in recent years, especially in ontological design, where description logics are widely used. The question then arises whether we can get a nonmonotonic extension of description logic. To answer this, the authors first propose three preferential semantics for plausible subsumption in the framework of possibility theory (Dubois and Prade 1985) and study their properties and their relationships. Then they introduce preferential subsumptions to a description logic-based knowledge system, and define an entailment relation of plausible subsumption. Moreover, they study reductions of the new semantics to standard semantics for an expressive description logic. -/- Counterfactual reasoning has been explored extensively by philosophers, cf. Lewis (1973), Stalnaker (1968). But in the last two decades, causal models have been proposed for modeling counterfactual reasoning by researchers in AI. In A Lewisian Logic of Causal Counterfactuals (Zhang 2013), Jiji Zhang studies classes of causal models and provides formal characterizations. In particular, a new logic system is proposed and proved complete for the class of ‘Lewisian models’ satisfying all the principles of David Lewis’s logic of counterfactuals. Moreover, Zhang compares his new framework with those of Lewis and Stalnaker, and also establishes formal connections with more recent approaches by Galles and Pearl, and by Halpern. -/- Consistency is a fundamental notion in logic, but it also plays a key role in many techniques for solving constraint satisfaction problems (Mackworth 1977). In Variable-Centered Consistency in Model RB (Li et al. 2013), Liang Li, Tian Liu and Ke Xu start with a discussion of i-consistency in ‘Model RB’ and ‘Model RD’, two models of random constraint satisfaction problems with growing domain size, then compare it with the notion of t-consistency and strong t-consistency in well-known earlier work by Freuder. After that, the authors define a new kind of variable-centered consistency, and show an upper bound on a suitably chosen parameter in Model RB and Model RD, such that up to this bound, all typical instances of Model RB are variable-centered consistent. -/- Language understanding is a cognitive process that human beings carry out every day. Metaphor is a pervasive phenomenon in natural languages, and its cognitive role calls for interpretation. There is a growing body of literature on cognitive mechanisms underlying metaphor. The paper An Ontology-Based Approach to Metaphor Cognitive Computation (Huang et al. 2013) by Xiaoxi Huang, Huaxin Huang, Beishui Liao, and Cihua Xu proposes a theoretical framework for metaphor understanding based on recent results from cognitive science (Shutova 2010). They then introduce ontology as a knowledge representation method, and present a new ontological model to formalize metaphor-based knowledge. An algorithmic description is provided using a quantitative measure of integrated degree, and its effectiveness is demonstrated. -/- Puzzles and their solution mechanisms are a recurrent theme in many fields. Dynamic epistemic logic (van Ditmarsch et al. 2007); (van Benthem 2011) is a recent framework that can handle information dynamics in knowledge puzzles. In Reasoning About Agent Types and the Hardest Logic Puzzle Ever (Liu and Wang 2013), Fenrong Liu and Yanjing Wang propose a new dynamic-epistemic logic that can specify different types of agents and analyse agents’ knowledge, communication and reasoning. To demonstrate its power, Smullyan’s well-known Knights and Knaves puzzles are formalized, as well as the Hardest Logic Puzzle Ever (HLPE) of Boolos (Boolos 1996). Moreover, a spectrum of new puzzles is found involving knowledge-based agent types, and their solution complexity is shown to be harder than that for existing logic puzzles. It is also shown that a version of HLPE in which the agents do not know the others’ types does not have a solution at all. -/- Finally, we would like to thank the editor of Minds and Machines, Gregory Wheeler, for his efficient assistance and kind support. We also thank Ties Nijssen at Springer for his encouragement to start this project at the first place. And of course, our appreciation goes to our authors, as well as all the colleagues who have helped us review the papers in this collection. (shrink)

In this thesis I investigate the notion of experience in German Idealist Philosophy. I focus on the exploration of an alternative to the transcendental model notion of experience through Schelling's insight into the notion of logogrif. The structural division of this project into two sections reflects the two theoretical standpoints of this project, namely the logic and the logogrif of experience. The first section - the logic of experience - explores the notion of experience provided in Kant's Critique of Pure (...) Reason, Critique of Judgement and Fichte's Science of Knowledge. I argue that Kant's fundamental question about the possibility of synthetic a priori judgements succeeds in thematising the aporia of cognitive experience but results in a subject-oriented, representational model which radically confines the notion of experience to the constitutive laws of the understanding or to the normative precepts of Reason. Experience is founded upon a sharp division between faith and knowledge, will and logic, desire and reflection, absolute and finitude. Fichte's endeavour to articulate a non-representational account of experience, does not succeed in extricating itself from the representational model, so long as experience is reduced to the ever-producing deeds of the self-positing ego. Despite the serious differences between Kant's and Fichte's notions of experience, both accounts, so long as they unfold from a transcendental standpoint, attempt to resolve experience into conceptual laws or determinations of the ego's absolute will. Experience is transformed into an object of the subject's cognitive or volitional faculties. The paradoxes of man's interaction with the world are intended to be accommodated either by the law-giving spontaneity of the understanding and the Architectonic of Pure Reason or by the overpowerful primordial act of the self-positing ego. This implies the conceptualisation of the self in terms of constant identity-through-time, or sheer self-determination. However, this conceptualisation remains at the normative or prescriptive level, which in turn is projected upon the world. The latter, though appears as the subject's property, essentially remains alien and opaque, confirming the radical limitations of the ego rather than its order-giving authority. Moreover, this notion of experience is ultimately founded upon a radical expulsion of the divine from the world, the de-spiritualisation of the sensual and the de-sensualisation of the spiritual, the sharp juxtaposition between absolute and finitude. This results in a self-defeating subjectivity, whose firm identity and rule-giving authority does not rescue it from its perennial unattainability to 'organise the conditioned' or 'conquer the unconditioned'. In Kant's and Fichte's thought, however, I detect elements that potentially transgress their transcendental account of experience. These are found in Kant's concept of spontaneity and free play between understanding and imagination, and Fichte's concept of productivity. I argue that these elements lose their potential dynamism, so long as they are absorbed by the transcendental demands for the solution of the aporias of logic. However, these elements point to the need for a radical re-conceptualisation of the notion of experience. This is provided by means of Schelling's logogriflic approach, which constitutes the theme of the second section. The second section - the logogrif of experience - attempts to articulate a different approach towards the notion of experience, through an exploration of Schelling's versatile and provocative thought. This section focuses on Schelling's original insight into the notion and act of logogrif, which opens the dialogue between logos and mythos, cosmic becoming and human soul, cosmic imagination and human reflection, faith and knowledge. This section attempts to illuminate Schelling's fascinating philosophical investigations and discoveries that have been rather overlooked, possibly, due to Hegel's overwhelming critique. This section, after a brief critical examination of the Identity Philosophy, attempts to elucidate Schelling's notion of experience through his middle works, Of Human Freedom, Ages of the World, The Deities of Samothrace, which are treated as a self-developing trilogy. Schelling re-addresses the aporias of logic not as part of Reason's self-interrogation but as part of the cosmic paradoxes and living experiences. In this way, Schelling resets the scene of the debate on the conditions of possibility for cognitive experience by putting on the stage the enigmas of the cosmos and life rather than the Tribunal of Reason. Logic itself is conceived as a potency in the cosmic becoming, and consequently can no longer attempt to establish the transcendental conditions for the possibility of cognitive experience. Cosmic becoming, in which man is an active part, is conceived as the process of the movement, the interaction, the transformations and transmutations of multiple potencies. These, far beyond any mechanical conceptualisation, appear as self-moving and yet interdependent, unknown yet familiar, inscrutable and yet manifest powers, describing the mystery of life itself. The latter is depicted as an ever-recurrent act of longing for self-expression as active unity. Experience is conceived as the lived process of a network of living potencies, which may not only resist rational powers but may also puzzle and seize them. In this context, reflection acquires a plastic dimension, as opposed to its rigidity in the representational model of experience. Reflection depicts cosmic longing's self-formation, whose man is part. This self-bending formation partially illuminates the nature of longing, and from this standpoint is the logic of the longing. However, this formation is movable, transmutable and mostly ineffable, and from this standpoint is the logic of a riddle: a logogrif. Logogrif is the transitive term that attempts to describe the transition of experience from its enacted phase to its allusive conceptual utterance, and in this sense the term itself participates in both phases, as both form of thought and form of life. The logogrific approach to experience in turn transposes us as from the realm of pure concepts to the realm of the mystery of life, from pure thought to acts of longing, from the Architectonic of Pure Reason to Cosmic Theurgy. The latter term attempts to grasp the paradox and dynamism of cosmic and non-cosmic becoming by means of multiple, vanishing and ever-recurring, transmutable potencies, or in Schelling's terms 'the magic of insoluble life'. Schelling's logogrific account consists in a powerful voice for the re-enchantment of the world, the introduction into the notion of experience of the imminence of the divine. This is not suggested in terms of the adoption of old religious doctrines but by means of the discovery and re-discovery of the theurgy of life, through the intensification of our artistic mood, the creative expansion of our deeds. This notion of experience allows for the reconsideration of the notion of the self, in terms of a dynamic, conflictual process between conscious and unconscious powers and the critical revaluation of the accounts of subjectivity which reduce it to the sphere of self-consciousness. The thesis concludes with the need for an investigation into the relation between logos and mythos, which only tangentially has been introduced by the present project. In this context it will be possible to re-appraise the potential that the logogrific approach opens for an alternative to both logical and traditional mythological patterns of thinking. (shrink)

Recent theoretical models suggest that the difference between human and nonhuman primate life-history patterns may be due to a reliance on complex foraging strategies requiring extensive learning. These models predict that children should reach adult levels of efficiency faster when foraging is cognitively simple. We test this prediction with data on Meriam fishing, spearfishing, and shellfishing efficiency. For fishing and spearfishing, which are cognitively difficult, we can find no significant amount of variability in return rates because of (...) experiential factors correlated with age. However, for shellfish collecting, which is relatively easy to learn, there are strong age-related effects on efficiency. Children reach adult efficiency more quickly in fishing as compared to shellfish collecting, probably owing to the size and strength constraints of the latter. (shrink)

To naturalize the concept of teleological causality in biology it is not enough to avoid assuming backward causation or positing the existence of an inscrutable te- leological essence like the élan vital. We must also specify how the causality of or- ganisms is distinct from the causality of designed artifacts like thermostats or asym- metrically oriented processes like the ubiquitous increase of entropy. Historically, the concept of teleological causality in biology has been based on an analogy to the familiar experience (...) of purposeful action. This is experienced by us as a disposition to achieve a general type of end that is represented in advance, and which regulates the selection of efficient means to achieve it. Inspired by this analogy, to bridge the gap between biology and human agency we describe a simple molecular pro- cess called autogenesis that shows how two linked complementary self-organizing processes can give rise to higher-order relations that resemble purposeful disposi- tions, though expressed in terms of constraints on molecular processes. Because the autogenic model is described in sufficient detail to be empirically realizable, it provides a proof of principle demonstrating a simple form of teleological causality. (shrink)

Computational models of relevance in case-based legal reasoning have traditionallybeen based on algorithms for comparing the facts and substantive legal issues of aprior case to those of a new case. In this paper we argue that robust models ofcase-based legal reasoning must also consider the broader social and jurisprudentialcontext in which legal precedents are decided. We analyze three aspects of legalcontext: the teleological relations that connect legal precedents to the socialvalues and policies they serve, the temporal relations (...) class='Hi'>between prior andsubsequent cases in a legal domain, and the procedural posture of legal cases,which defines the scope of their precedential relevance. Using real examples drawnfrom appellate courts of New York and Massachusetts, we show with the courts' ownarguments that the doctrine of stare decisis (i.e., similar facts should lead to similar results) is subject to contextual constraints and influences. For each of the three aspects of legal context, we outline an expanded computational framework for case-based legal reasoning that encompasses the reasoning of the examples, and provides a foundation for generating a more robust set of legal arguments. (shrink)

The The sustainability of social life is based on social values. The manifestation of these values also takes place within the society. On the other hand, the realization of individuals is possible in society because a non-social human being is not a "human" in the philosophical sense. With human-oriented conditions that manifest themselves in the network of social relations, the criteria (moral values) related to the purpose of creation crystallize and become known so that the construction of a social paradigm (...) becomes possible. However, the society in which individuals live is also surrounded by an external world (material world). For this reason, the social paradigm also indirectly relies on a perception of the outside world. Thus, no matter what period of history, people's endeavor for an ideal society is accompanied by an interpretation of the external world, and with this "cumulative" knowledge, a "reducing" simulation of being is derived (cosmology). In fact, causality, which is the subject of physics, becomes the subject of philosophy in this mediation. As it can be understood, a significant problem here is the correlation between the fixed values (unconditional imperatives) that form the core of the social paradigm and the variable external world knowledge that is culturally effective in the manifestation of these values. Consequently, while determining the rules in the social order, one should act on the basis of values, not as if they have absolute knowledge of the material world. Whether we believe that the universe consists of "seven heavens" and is geocentric or heliocentric; Existential values such as justice, equality, and freedom are essential regardless of time and space. However, as historical facts show, those who have problems with this value system, which is accompanied by an interpretation of the external world, have raised objections through ever-developing knowledge of nature instead of universal values. For this reason, the geocentric perception of the universe, which forms the basis of the political paradigm in the class-based society of medieval Europe, was strongly desired to be maintained by the ruling classes. Ultimately, although this model of the universe collapsed, moral pursuits of human life continued to be sabotaged for the same political reasons, and disinformation began. Thus, scientific studies and the search for the truth (philosophy) were accompanied by endless polemics disguised as "philosophy." In fact, this situation reveals two opposing attitudes that repeat themselves in history, either in the East or the West: paradigmatic attitude (paradigmism) and enigmatic attitude (enigmatism). As a reflection of these two attitudes, the dominant discourse, which categorically accuses even the interest in understanding Western modernization in the Islamic world as heresy, did not occasionally hesitate to refer to some Western references by confirming with a vulgar pragmatism. For instance, Newtonian physics has been ignored. On the other hand, an attempt has been made to jump directly from Aristotelian physics to quantum physics by assuming an overlapping in classical texts. However, facing the new knowledge of nature has more actual consequences than polemics. To face these results and to show the legitimacy of Islamic values in the modern era, which are in conformity with the creation of human beings, the developments in the current knowledge of the universe (modern cosmology) cannot be ignored. This endeavor can be possible only when the philosophical and historical foundations of the subject are examined throughout the Western experience. (shrink)

The boundary problem on defining the conceptual scope and limits of a mental disorder may be tackled at either side of the boundary. On one side, philosophers and philosophically minded clinicians tried clarifying the concept of mental disorder and its related concepts of mental illness and dysfunction in their use and definition. On the other side, Mohammed Rashed's article gives a substantive and refreshing account of this neglected side in terms of social recognition. Thereby the boundary is clarified from the (...) outside through the limits set by the epistemic status of identity claims and the diachronic and synchronic unity of the self-conceptions that make up a person's identity.Stimulated by and building... (shrink)