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)

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 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)

Precedents are judicial decisions that form the bases of further judicial decisions by constraining those decisions. There are two aspects to the constraints exerted by precedent decisions: the scope of the constraint and the strength of the constraint. The scope refers to the range of decisions that are affected by the precedent. The strength refers to the conditions under which a court can escape being bound by the precedent. Models of precedential scope are discussed (...) and evaluated, and the question of strength is analyzed.Resumen:Los precedentes son decisiones judiciales que constituyen la base de decisiones judiciales posteriores, al vincularlas. Hay dos aspectos de la vinculación ejercida por las decisiones de precedente: el alcance de la vinculación y la fuerza de la vinculación. El alcance se refiere al rango de decisiones que se ven afectadas por el precedente. La fuerza se refiere a las condiciones bajo las cuales un tribunal obligado por el precedente puede ignorarlo. En este artículo se discuten y evalúan algunos modelos del alcance del precedente y se analiza la cuestión de su fuerza. (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)

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)

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 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)

This paper explores the extension of formal accounts of precedential constraint to make use of a factor hierarchy with intermediate factors. A problem arises, however, because constraints expressed in terms of intermediate factors may give different outcomes from those expressed only using base level factors. We argue that constraints that use only base level factors yield the correct outcomes, but that intermediate factors play an important role in the justification and explanation of those outcomes. The discussion is illustrated (...) with a running example. (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)

In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...) the two projects interact. (shrink)

Plausibly perceptual knowledge satisfies the following: It is knowledge about things from the way they appear. It can embrace more than the way things appear. It is phenomenologically immediate and thus, in one sense, non-inferential. and place a significant constraint on adequate elucidations of . Knowledge about an object, from the way it looks, which embraces more than the way it looks, should not turn out to be inferential in the relevant sense. The paper shows how this constraint (...) can be met, drawing upon a conception of a discriminative capacity. The discussion touches on literature dealing with observation in science, knowledge of other minds, and the possibility of moral knowledge. (shrink)

This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s (...) view generates counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

There is a view on consciousness that has strong intuitive appeal and empirical support: the intermediate-level theory of consciousness, proposed mainly by Ray Jackendoff and by Jesse Prinz. This theory identifies a specific “intermediate” level of representation as the basis of human phenomenal consciousness, which sits between high-level non-perspectival thought processes and low-level disjointed feature-detection processes in the perceptual and cognitive processing hierarchy. In this article, we show that the claim that consciousness arises at an intermediate-level is true of some (...) cognitive systems, but only in virtue of specific constraints on their active interactions with the environment. We provide ecological reasons for why certain processing levels in a cognitive hierarchy are privileged with respect to consciousness. We do this from the perspective of a prediction-error minimization model of perception and cognition, relying especially on the notion of active inference: the privileged level for consciousness depends on the specific dispositions of an organism concerned with inferring its policies for action. Such a level is indeed intermediate for humans, but this depends on the spatiotemporal resolution of the typical actions that a human organism can normally perform. Thus, intermediateness is not an essential feature of consciousness. In organisms with different action dispositions the privileged level or levels may differ as well. (shrink)

Today it is no news to point out that Kant’s doctrine of space as a form of intuition is motivated by epistemological considerations independent of his commitment to Euclidean geometry. These considerations surface—apparently without his own recognition—in Poincaré’s, Science and Hypothesis, the very work that helped turn analytically-minded philosophers away from the Critique. I argue that we should view Poincaré as refining Kant’s doctrine of space as the form of intuition, even as we see both views as arbitrarily limited—in Kant’s (...) case, to Euclidean transformations, and, in Poincaré's, to geometries of constant curvature. Both run together the question whether space is an a priori form of intuition with the question whether there are a priori constraints on its applied geometry. At his best, Kant sees—what Poincaré does not—that they are connected by a form of cognition consisting in the intuition of homogeneous pluralities, of totalities apprehended as unities. (shrink)

Humans have a fundamental need to belong. This, need, as Kimberley Brownlee argues in her book Being Sure of Each Other grounds the human right against social deprivation. But in addition to having a human right against social deprivation, we also have a right to associational freedom, which is grounded in our right to autonomy. We cannot be forced into relationships; we are free to choose our friends and loved ones.? In this paper I discuss what our right to associational (...) freedom morally permits us to do when are already in an intimate relationship and, relatedly, what our relationship-dependent duties require of us in such cases. What exactly are the constraints on our right to associational freedom? And what is the content and scope of our relationship-dependent duties, given that our right to associational freedom conflicts with the fulfillment of these duties?? After providing some clarifications as to how we should understand intimate relationships that have ended, I will first highlight what relationship-dependent duties are and how they correlate with a right to associational control. I will then discuss several break-up scenarios, the aim of which is to determine the conditions that justify constraints being imposed on the right to associational freedom and to delineate the scope of relationship-dependent duties. (shrink)

In this paper, I make three points. The first is that there is indeed a distinctive approach to moral methodology, different from standard moral reasoning, that can be described as “practice-dependence”. I argue that its distinctness lies in recommending an aptness claim , namely that moral principles for regulating social practices must be principles for better fulfilling the point of those practices, a point discoverable in shared understandings of the practice. Participants treat domestic political societies as having a different point (...) to the practice of international relations. On this approach, then, different moral principles apply in each case: principles of distributive justice between citizens in the former and principles of cooperative fairness between states in the latter. My second point is that this approach fails, however, an important test which I call the justifiability constraint . Any formulation of a moral principle assigning rights and duties, benefits and burdens, to people should be justifiable to those persons by reference to a moral value. Yet, as I show, the practice-dependence view cannot offer any justification based on moral value for the aptness claim. My last point is that both endorsers and critics of practice-dependence have mistakenly attributed this approach to theorists who restrict the scope of justice on the basis of moral justification. Such views are, in fact, incompatible with the aptness claim given that they offer plausible independently derived moral grounds for restricting the scope of justice. They are also compatible with the justifiability constraint. For these reasons, I conclude that practice-dependence is a red herring for debates on global justice. (shrink)

This book explores the constraints which justice imposes on immigration policy. Like liberal nationalists, Ryan Pevnick argues that citizens have special claims to the institutions of their states. However, the source of these special claims is located in the citizenry's ownership of state institutions rather than in a shared national identity. Citizens contribute to the construction and maintenance of institutions, and as a result they have special claims to these institutions and a limited right to exclude outsiders. Pevnick shows that (...) the resulting view justifies a set of policies - including support for certain types of guest worker programs - which is distinct from those supported by either liberal nationalists or advocates of open borders. His book provides a framework for considering a number of connected topics including issues related to self-determination, the scope of distributive justice and the significance of shared national identity. (shrink)

Extant attempts to incorporate _intensionality_ into the grammar either systematically over-generate, or systematically under-generate. In this paper, building on Keshet (Linguist and Philos 33(4):251–283, 2011), we aim to reconcile a scopal account of _de re_ with the possibility of _de re_ readings out of scope islands. By adapting compositional techniques for dealing with exceptionally scoping indefinites (Charlow, in On the semantics of exceptional scope, PhD thesis, Rutgers University, 2014; The scope of alternatives: indefiniteness and islands. Linguist and (...) Philos 43(4):427–472, 2020), we develop an intensional grammar in which exceptional _de re_ is achieved via _cyclic scope_. World-sensitive expressions are converted into scope-takers via a constrained inventory of type-flexible operators. Type flexibility _explains_ the possibility of apparently island-violating _de re_ by predicting the possibility of cyclic scope-taking. We argue that the resulting theory—which we dub the _flexible scope theory_—is sufficiently expressive to address the under-generation issues of current accounts, while still capturing constraints on _de re_ in an explanatory fashion. (shrink)

My aim in this paper is to examine how Kent Bach's theory of singular thought about material objects meets the requirements of transmitting de re thought. I identify a certain possible paradox haunting Bach's move of extending acquaintance in order to widen the scope of singular thought and I attempt to answer this possible paradox. First, I briefly present the manner in which Bach motivates extended acquaintance and which constraints he puts on it. I then address the problem of (...) the sorites paradox which might lead not only to Bach's communication-based de re thoughts, but perception-based de re thoughts in general, thus defined. Finally, I offer my tentative solution to the problem of extended acquaintance which consists in introducing two constraints on singular thought, namely (i) the (external) acquaintance constraint and (ii) the (internal) cognitive significance constraint, and two types of representations, namely indexical-iconic representations and indexical-discursive representations which are together crucial for having a singular thought. (shrink)

An increasing number of philosophers have promoted the idea that mechanism provides a fruitful framework for thinking about the explanatory contributions of computational approaches in cognitive neuroscience. For instance, Piccinini and Bahar :453–488, 2013) have recently argued that neural computation constitutes a sui generis category of physical computation which can play a genuine explanatory role in the context of investigating neural and cognitive processes. The core of their proposal is to conceive of computational explanations in cognitive neuroscience as a subspecies (...) of mechanistic explanations. This paper identifies several challenges facing their mechanistic account and sketches an alternative way of thinking about the epistemic roles of computational approaches used in the study of brain and cognition. Drawing on examples from both low-level and systems-level computational neuroscience, I argue that at least some computational explanations of neural and cognitive processes are partially independent from mechanistic constraints. (shrink)

Dawson's provocative comment makes three connected points: (1) to be falsifiable, theories that assume flexible features must constrain their feature creation and mechanisms, (2) the explanatory power of such functional theories is rooted in the properties of their underlying physical mechanisms, and (3) to derive the relevant constraints of feature creation from these mechanisms, it is critical to avoid the scope slip. We will argue here that even though we agree with (1) and (2), (3) confuses two different levels (...) of analysis of computational systems: the functional identification and the physical implementation of relevant constraints. (shrink)

In contrast to the dominant way of thinking in economics, in which economics is seen as a positive or neutral science, this paper argues that economics is a discipline that has its own normativity. This economic normativity should be distinguished from what is usually considered as ethics, which normally has a broader scope. This paper further argues that the budget constraint is a key source of economic normativity, although it is not the only source. Economic-theoretical and philosophical aspects (...) are discussed, and consequences for economic life and policy are assessed. (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers (...) the costs of extending the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)

One of the fascinations of Sluicing – one that figured in Ross’s (1969) original exploration of the construction – is that it seems to overcome many island effects. Most speakers find contrasts between the pairs of sentences in (1) and (2), for instance.

I show how archaeologists have two problems. The construction of scenarios accounting for the raw data of Archaeology, the material remains of the past, and the explanation of pre-history. Within Archaeology, there has been an ongoing debate about how to constrain speculation within both of these archaeological projects, and archaeologists have consistently looked to biological mechanisms for constraints. I demonstrate the problems of using biology, either as an analogy for cultural processes or through direct application of biological principles to material (...) remains. This is done through setting out the requirements of a Darwinian Archaeology, and then measuring various approaches against these requirements. This approach leads to the conclusion that archaeologist's explanations of the past must include within their formulations an account of human cognitive capacities within their explanatory framework. The limits of our understanding of the human past will be the limits of our understanding of Homo sapiens. (shrink)

Important decisions that impact humans lives, livelihoods, and the natural environment are increasingly being automated. Delegating tasks to so-called automated decision-making systems can improve efficiency and enable new solutions. However, these benefits are coupled with ethical challenges. For example, ADMS may produce discriminatory outcomes, violate individual privacy, and undermine human self-determination. New governance mechanisms are thus needed that help organisations design and deploy ADMS in ways that are ethical, while enabling society to reap the full economic and social benefits of (...) automation. In this article, we consider the feasibility and efficacy of ethics-based auditing as a governance mechanism that allows organisations to validate claims made about their ADMS. Building on previous work, we define EBA as a structured process whereby an entity’s present or past behaviour is assessed for consistency with relevant principles or norms. We then offer three contributions to the existing literature. First, we provide a theoretical explanation of how EBA can contribute to good governance by promoting procedural regularity and transparency. Second, we propose seven criteria for how to design and implement EBA procedures successfully. Third, we identify and discuss the conceptual, technical, social, economic, organisational, and institutional constraints associated with EBA. We conclude that EBA should be considered an integral component of multifaced approaches to managing the ethical risks posed by ADMS. (shrink)

From the premise that our biology imposes cognitive constraints on our epistemic activities, a series of prominent authors – most notably Fodor, Chomsky and McGinn – have argued that we are cognitively closed to certain aspects and properties of the world. Cognitive constraints, they argue, entail cognitive closure. I argue that this is not the case. More precisely, I detect two unwarranted conflations at the core of arguments deriving closure from constraints. The first is a conflation of what I will (...) refer to as ‘representation’ and ‘object of representation’. The second confuses the cognitive scope of the assisted mind for that of the unassisted mind. Cognitive closure, I conclude, cannot be established from pointing out the (uncontroversial) existence of cognitive constraints. (shrink)

Due to constraints on institutional capacity and financial resources, the road to universal health coverage (UHC) involves difficult policy choices. To assist with these choices, scholars and policy makers have done extensive work on criteria to assess the substantive fairness of health financing policies: their impact on the distribution of rights, duties, benefits and burdens on the path towards UHC. However, less attention has been paid to the procedural fairness of health financing decisions. The Accountability for Reasonableness Framework (A4R), which (...) is widely applied to assess procedural fairness, has primarily been used in priority-setting for purchasing decisions, with revenue mobilization and pooling receiving limited attention. Furthermore, the sufficiency of the A4R framework’s four criteria (publicity, relevance, revisions and appeals, and enforcement) has been questioned. Moreover, research in political theory and public administration (including deliberative democracy), public finance, environmental management, psychology, and health financing has examined the key features of procedural fairness, but these insights have not been synthesized into a comprehensive set of criteria for fair decision-making processes in health financing. A systematic study of how these criteria have been applied in decision-making situations related to health financing and in other areas is also lacking. This paper addresses these gaps through a scoping review. It argues that the literature across many disciplines can be synthesized into 10 core criteria with common philosophical foundations. These go beyond A4R and encompass equality, impartiality, consistency over time, reason-giving, transparency, accuracy of information, participation, inclusiveness, revisability and enforcement. These criteria can be used to evaluate and guide decision-making processes for financing UHC across different country income levels and health financing arrangements. The review also presents examples of how these criteria have been applied to decisions in health financing and other sectors. (shrink)

This article disputes the common view that social science explanations depend on discovery of lawlike generalizations from which descriptions of social outcomes can be derived. It distinguishes between governing and phenomenal regularities, and argues that social regularities are phenomenal rather than governing. In place of nomological deductive arguments, the article maintains that social explanations depend on the discovery of causal mechanisms underlying various social processes. The metaphysical correlate of this argument is that there are no social kinds: types of social (...) entities that share a common casual constitution giving rise to strong regularities of behavior. The article turns next to a consideration of the character of social causation and argues for a microfoundational interpretation of social causation: social causal powers are embodied in the constraints and opportunities that institutions present to individual agents. Finally, it is noted that these arguments have consequences for the credibility of social predictions: it is argued that predictions in social science are generally unreliable. (shrink)

This paper presents the Constraint Language for Lambda Structures(CLLS), a first-order language for semantic underspecification thatconservatively extends dominance constraints. It is interpreted overlambda structures, tree-like structures that encode -terms. Based onCLLS, we present an underspecified, uniform analysis of scope,ellipsis, anaphora, and their interactions. CLLS solves a variablecapturing problem that is omnipresent in scope underspecification andcan be processed efficiently.

Most rare diseases are poorly understood, affected individuals struggle tobe timely diagnosed and to access tailored, appropriate, and affordablecare. Following pragmatist theory, individuals living with rare diseasesmay experience these obstacles as morally problematic situations, wherethey struggle with actualizing their cherished values amid their lifecircumstances. These embedded and contextualized lived episodes aredistinct from moral challenges and moral issues, which are more abstract,decontextualized, and speculative moral matters. We sought to uncoverthe moral matters of adults living with rare diseases in the qualitativeliterature while (...) elucidating the moral dimensions of morally problematicsituations. Moral matters were extracted from 25 qualitative studies andsubjected to thematic and interpretive analyses. The uncovered moralissues addressed abstract considerations relating to accessibility, limitedknowledge, and unpredictability of illness manifestations. Moralchallenges and morally problematic situations spanned across the fourphases of the medical trajectory: the diagnostic odyssey, the diagnosis,clinical care and treatment, and medical follow-up. Moral challengesnamely pertained to poor communication of diagnoses, lack of shareddecision-making, and lack of holistic support. Morally problematicsituations featured moral dimensions, namely (1) internal tensions (e.g.,being misunderstood), (2) constraints to agency (e.g., powerlessness anddisempowerment), in addition to (3) empowerment and selfadvocacystrategies (e.g., being assertive and demanding), notably in episodeswhere support from clinicians lacked. This study highlights the usefulnessof distinguishing these three types of moral matters in ethical analysis. Italso shows how moral dimensions of morally problematic situations carryexistential importance for affected individuals. (shrink)

In this article my primary intention is to engage in a discussion on the inherent constraints of models, taken as models of theories, that reaches beyond the epistemological level. Naturally the paper takes into account the ongoing debate between proponents of the syntactic and the semantic view of theories and that between proponents of the various versions of scientific realism, reaching down to the most fundamental, subjective level of discourse. In this approach, while allowing for a limited discussion of physical (...) and positive science models, I am primarily focused on the structure and ontology of mathematical models, in particular Cohen’s forcing models and to a lesser extent Gödel’s constructible universe, to the extent that these were designed to answer questions bearing on the scope, the capacity and ultimately the ontology of models themselves, therefore influencing in one or the other way the status of models in general. This status, it is argued, is largely defined by the way models subsume a set-theoretical structure whose constraints, reducible to an extra-linguistic level of discourse, may implicitly condition the epistemic status of models as representations of axiomatic theories. In the last section I deal extensively with the inner constraints of theories as subjectively originated in a less technical philosophically oriented discussion with certain prompts from phenomenology. (shrink)

This paper develops a semantics with control over scope relations using Vermeulen’s stack valued assignments as information states. This makes available a limited form of scope reuse and name switching. The goal is to have a general system that fixes available scoping effects to those that are characteristic of natural language. The resulting system is called Scope Control Theory, since it provides a theory about what scope has to be like in natural language. The theory is (...) shown to replicate a wide range of grammatical dependencies, including options for, and constraints on, ‘donkey’, ‘binding’, ‘movement’, ‘Control’ and ‘scope marking’ dependencies. (shrink)

Background: One of the all-time questions in evolutionary biology regards the evolution of organismal shapes, and in particular why certain forms appear repeatedly in the history of life, others only seldom and still others not at all. Recent research in this field has deployed the conceptual framework of constraints and natural selection as measured by quantitative genetic methods. Scope: In this paper I argue that quantitative genetics can by necessity only provide us with useful statistical sum- maries that may (...) lead researchers to formulate testable causal hypotheses, but that any inferential attempt beyond this is unreasonable. Instead, I suggest that thinking in terms of coordinates in phenotypic spaces, and approaching the problem using a variety of empirical methods (seeking a consilience of evidence), is more likely to lead to solid inferences regarding the causal basis of the historical patterns that make up most of the data available on phenotypic evolution. (shrink)

A successful theory of the language of subjective uncertainty would meet several important constraints. First, it would explain how use of the language of subjective uncertainty affects addressees’ states of subjective uncertainty. Second, it would explain how such use affects what possibilities are treated as live for purposes of conversation. Third, it would accommodate 'quantifying in' to the scope of epistemic modals. Fourth, it would explain the norms governing the language of subjective uncertainty, and the differences between them and (...) the norms governing the language of subjective certainty. Neither truth conditional nor traditional force modfier theories of the language of subjective uncertainty look adequate to the task of satisfying all four of these constraints. (shrink)

In this chapter, I examine the concept of vulnerability as a complex constitutive feature of human agency and argue that it is both a constraint on and a resource for practical reasoning. When discussed as an ontological feature of human agency, vulnerability is primarily understood as an aspect of embodiment, which is problematic in different respects. First, in relation to the situatedness of human agency, vulnerability indicates that human agents are subjected to contextual contingencies. Second, in relation to temporality, (...) vulnerability indicates that agents act in time and under the pressure of time. They are finite and produce finite and perishable actions, even though the longlasting effects of an action may survive the action itself. Third, in relation to corporal feature of agency, vulnerability is associated to suffering and frailty, insofar as bodily needs and desires represent both springs of and hindrances to rational action. Finally, in relation to the social nature of human animals, vulnerability indicates the susceptibility to be harmed, obstructed, undercut or manipulated by other agents These varieties of vulnerability are constituive features of human agency, which cannot be removed without removing what is peculiar and specific to human agency. Theories of practical reason are primarily concerned with constitutive vulnerability as a defect, and presume to offer normative guidance by adopting an idealized account of rational agency, which corrects or merely cancels the defective features of human agency. By contrast, theories of bounded rationality understand practical reasoning instrumentally, and thus are concerned with cognitive limitations of practical rationality, in particular with partial and perspectival information. However, the notion of “partial information” is inadequate to capture the complexities and significance of vulnerability, even in its restricted cognitive sense, which has to do with the agent’s situatedness. On the view I propose, instead, vulnerability is declined as a constitutive constraint on practical reasoning. Susceptibility to time constraints makes sense of the agents’ engagement in action and of their distinctive deliberative perspective. Susceptibility to bodily needs and desires tracks the normative relation between motivations and reasons for action, as well as the corporal roots of the agents’ efficacy in a perceived context. Susceptibility to others makes possible to broaden the scope and the modes of individual agency, by way of inter-action and shared agency. Rather than the source of problems and issues for rational agency, I take vulnerability to name the cluster of constitutive constraints that shape practical reasoning. According to the distinctive variety of Kantian constructivism I defend, practical reason is incomplete, rather than imperfect or defective. The completion of practical reason does not aim to correct or dissolve vulnerability, but deploys vulnerability as a resource to build up autonomy. This view accounts for autonomy as a normative relation among vulnerable agents, which develops in time. (shrink)

The enduring appeal of liberalism lies in its commitment to the idea that human beings have a "natural" potential to live as free and equal individuals. The realization of this potential, however, is not a matter of nature, but requires that people be molded by a complex constellation of political and educational institutions. In this eloquent and provocative book, Uday Singh Mehta investigates in the major writings of John Locke the implications of this tension between individuals and the institutions that (...) mold them. The process of molding, he demonstrates, involves an external conformity and an internal self-restraint that severely limit the scope of individuality. Mehta explores the centrality of the human imagination in Locke's thought, focusing on his obsession with the potential dangers of the cognitive realm. Underlying Locke's fears regarding the excesses of the imagination is a political anxiety concerning how to limit their potential effects. In light of Locke's views on education, Mehta concludes that the promise of liberation at the heart of liberalism is vitiated by its constraints on cognitive and political freedom. (shrink)

This paper shows how two models of precedential constraint can be broadened to include legal information represented through dimensions. I begin by describing a standard representation of legal cases based on boolean factors alone, and then reviewing two models of constraint developed within this standard setting. The first is the “result model”, supporting only a fortiori reasoning. The second is the “reason model”, supporting a richer notion of constraint, since it allows the reasons behind a court’s (...) decisions to be taken into account. I then show how the initial representation can be modified to incorporate dimensional information and how the result and reason models can be adapted to this new dimensional setting. As it turns out, these two models of constraint, which are distinct in the standard setting, coincide once they are transposed to the new dimensional setting, yielding exactly the same patterns of constraint. I therefore explore two ways of refining the reason model of constraint so that, even in the dimensional setting, it can still be separated from the result model. (shrink)

What is the relation between what we ought to do, on the one hand, and our epistemic access to the ought-giving facts, on the other? In assessing this,it is common to distinguish ‘objective’ from ‘subjective’ oughts. Very roughly, on the objectivist conception what an agent ought to do is determined by ought-giving facts in such a way that does not depend on the agent’s beliefs about, or epistemic access to, those facts; whereas on the subjectivist conception, what an agent ought (...) to do depends on his beliefs. This paper defends the need for, and explicates, a third category of ‘ought’: ‘warranted oughts’. Section 1 introduces the distinction between objective and subjective ‘oughts’. Sections 2–3 draw attention to some serious problems with each. Section 4 examines, though rejects, a recent attempt to replace subjective ‘oughts’ with objective ‘wide-scope oughts’ operating on belief-action combinations. Section 5 explicates the notion of a warranted ‘ought’ and defends the account against some possible objections. The resulting a picture is one in which an adequate analysis of practical normativity requires both objective and warranted ‘oughts’. Section 6 concludes by responding to a worry about countenancing both. (shrink)

Computational models of legal precedent-based reasoning developed in AI and Law are typically based on the simplifying assumption that the background set of precedent cases is consistent. Besides being unrealistic in the legal domain, this assumption is problematic for recent promising applications of these models to the development of explainable AI methods. In this paper I explore a model of legal precedent-based reasoning that, unlike existing models, does not rely on the assumption that the background set of precedent cases is (...) consistent. The model is a generalization of the reason model of precedential constraint. I first show that the model supports an interesting deontic logic, where consistent obligations can be derived from inconsistent case bases. I then provide an explanation of this surprising result by proposing a reformulation of the model in terms of cases that support a new potential decision and cases that conflict with it. Finally, I show that the reformulation of the model allows us to verify that inconsistent case bases do not make verification that a decision is permissible substantially more complex than consistent case bases and to introduce intuitive criteria to compare different permissible decisions. (shrink)

Variation, adaptation, heredity and fitness, constraints and affordances, speciation, and extinction form the building blocks of the (Neo-)Darwinian research program, and several of these have been called “Darwinian principles.” Here, we suggest that caution should be taken in calling these principles Darwinian because of the important role played by reticulate evolutionary mechanisms and processes in also bringing about these phenomena. Reticulate mechanisms and processes include symbiosis, symbiogenesis, lateral gene transfer, infective heredity mediated by genetic and organismal mobility, and hybridization. Because (...) the “Darwinian principles” are brought about by both vertical and reticulate evolutionary mechanisms and processes, they should be understood as foundational for a more pluralistic theory of evolution, one that surpasses the classic scope of the Modern and the Neo-Darwinian Synthesis. Reticulate evolution moreover demonstrates that what conventional (Neo-)Darwinian theories treat as intra-species features of evolution frequently involve reticulate interactions between organisms from very different taxonomic categories. Variation, adaptation, heredity and fitness, constraints and affordances, speciation, and extinction therefore cannot be understood as “traits” or “properties” of genes, organisms, species, or ecosystems because the phenomena are irreducible to specific units and levels of an evolutionary hierarchy. Instead, these general principles of evolution need to be understood as common goods that come about through interactions between different units and levels of evolutionary hierarchies, and they are exherent rather than inherent properties of individuals. (shrink)

This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A factor-based definition (...) of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

In their article, Dylon McChesney & Mathieu Doucet argue that any viable account of the epistemic condition needs to account for the right scope of cases where an agent’s mental disorder results in exculpating ignorance. The authors then argue that this constraint on viability poses a serious problem for George Sher’s account of the epistemic condition, but not for quality of will views. In this discussion note, I do not challenge the viability constraint about mental disorder-based ignorance (...) nor do I challenge McChesney & Doucet’s argument that Sher’s account unjustly blames many cases of disorder-based ignorance. Instead, I argue against their position that quality of will views have the resources to accurately capture the scope of cases where mental disorders lead to exculpating ignorance. I argue that quality of will views fall short because they do not take into consideration the way that a non-culpably acquired difficulty, such as developing a mental disorder in childhood, can make an expectation that the agent avoid the disorder-based ignorance an unreasonably demanding expectation. This shortcoming results in quality of will views unjustly blaming agents for their disorder-based ignorance in some cases where the ignorance i) reflects a poor quality of will, but ii) it would be unreasonable to expect the agent to have avoided the ignorance. (shrink)

We define and study the notions of stability and relevance for precedent-based reasoning, focusing on Horty’s result model of precedential constraint. According to this model, precedents constrain the possible outcomes for a focus case, which is a yet undecided case, where precedents and the focus case are compared on their characteristics (called dimensions). In this paper, we refer to the enforced outcome for the focus case as its justification status. In contrast to earlier work, we do not assume (...) that all dimension values of the focus case or the precedent cases have been established with certainty: rather, each dimension is assigned a set of possible values. We define a focus case as stable if its justification status is the same for every choice of the possible values. For focus cases that are not stable, we study the task of identifying relevance: which possible values should be excluded to make the focus case stable? In addition, we introduce the notion of possibility to verify if a user can assign an outcome to an unstable focus case without making the case base of precedents inconsistent. We show how the tasks of identifying justification, stability, relevance and possibility can be applied for human-in-the-loop decision support. Finally, we discuss the computational complexity of these tasks and provide efficient algorithms. (shrink)

It is well known that languages differ in how they encode motion. Languages such as English use verbs that communicate the manner of motion (e.g., climb, float), while languages such as Greek often encode the path of motion in verbs (e.g., advance, exit). In two studies with English- and Greek-speaking adults and 5-year-olds, we ask how such lexical constraints are used in combination with structural cues in hypothesizing meanings for novel motion verbs cross-linguistically. We show that lexicalization biases affect the (...) interpretations of motion verbs in both young children and adults across different languages; furthermore, their scope of application is larger than previously thought, since they also extend to the domain of caused motion events. Crucially, we find that the language-specific effects of such biases interact with universal mappings between syntactic structure and semantic content. Finally, we demonstrate that the combined effects of lexical and structural cues shift non-linguistic biases observed during event categorization: even though speakers of English and Greek share non-linguistic preferences in categorizing spontaneous and caused motion, they focus on different components of motion events when building hypotheses about the meaning of novel motion verbs. (shrink)

We develop a conceptual framework that connects biological heredity and organization. We refer to heredity as the cross-generation conservation of functional elements, defined as constraints subject to organizational closure. While hereditary objects are functional constituents of biological systems, any other entity that is stable across generations—and possibly involved in the recurrence of phenotypes—belongs to their environment. The central outcome of the organizational perspective consists in extending the scope of heredity beyond the genetic domain without merging it with the broad (...) category of cross-generation stability. After discussing some implications, we conclude with a reflection on the relationship between stability and variation. 1Introduction2From Extended Heredity to Cross-generation Stability 2.1Extending the scope of heredity: A brief state of the art2.2Rethinking heredity: Conceptual challenges3Biological Heredity in Light of Organization 3.1Biological organization within organisms and beyond3.2Extending organization in time3.3What is biological heredity?4Implications and Objections 4.1Heredity as a specific kind of cross-generation stability4.2Heredity at various levels of description4.3Non-functional and dysfunctional objects5Conclusions: From Conservation to Variation. (shrink)

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is to develop guiding (...) principles for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)

This mixed-methods study examines autonomy and shifts in the evolving digital news industry. Autonomous agency of news workers is an essential indicator of how journalism work is fulfilling its role as the Fourth Estate in American democracy. This work responds to calls in media ethics, media sociology and moral ecology to better understand how organizational structure and individual moral psychology factors influence the levels at which digital news workers exhibit autonomy within their digital news organizations. Using participant observation, a unique (...) survey and respondent interviewing, I worked for one year with a digitally native hyper-local news organization to examine how organizational structure, leadership, socialization, and individual factors influenced autonomy levels in the staff. Results found overall high levels of autonomy in the editorial staff, but with many constraints such as financial pressures, perceived lack of time, a high pressure to perform multiple jobs and duties outside of the scope of typical legacy journalism job descriptions. (shrink)