In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain (...) can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law. (shrink)

Digital inequality and digital justice are pressing issues in today's world. This work examines the socio-philosophical aspects of these problems and proposes measures to achieve digital justice. The authors draw attention to the fact that digital inequality can manifest itself in various forms, such as access to information, technology and resources, as well as opportunities to participate in the digital economy. This can lead to increased social inequalities and limited opportunities for the development of individuals and society as a whole. (...) To achieve digital justice, the authors propose a number of measures, such as improving access to digital technologies and resources, ensuring equal opportunities to participate in the digital economy, and protecting consumer rights and data privacy. They also draw attention to the need to promote digital literacy and education so that people can make effective use of digital technologies and resources. The authors also examine digital inequality and digital justice in the context of monopoly and free speech. They point out that some companies that declare their social responsibility may use their monopolistic position in the market to limit freedom of speech and access to information. In this context, the authors suggest strengthening the role of the state in regulating the digital economy and protecting consumer rights. In conclusion, the research is a valuable contribution to the field of research on digital inequality and digital justice. It emphasizes the need to take into account the socio-philosophical dimensions of these issues and suggests measures to achieve digital justice. It also draws attention to the importance of cultural and historical sensitivity in the development of digital policies and resources. (shrink)

Nishi Shah has argued that the norm of truth is a prescriptive norm which regulates doxastic deliberation. Also, the acceptance of the norm of truth explains why belief is subject to norms of evidence. Steglich-Petersen pointed out that the norm of truth cannot be prescriptive because it cannot be broken deliberatively. More recently, Pascal Engel suggested that both the norms of truth and evidence are deliberately violated in cases of epistemic akrasia. The akratic agent accepts these norms but in some (...) cases he is not motivated by them. In this paper I will argue that Shah cannot use Engel's suggestion because, given his definition of doxastic deliberation, epistemic akrasia is impossible in the context of deliberation about belief. Furthermore, epistemic akrasia is in conflict with the phenomenon of doxastic transparency that Shah tries to explain. (shrink)

The “Mind Matters” case study presents an opportunity for students in a wide range of courses such as business ethics, organizational behavior, leadership, marketing, and strategy to recognize and contemplate the difficult planning, the ethical challenges, and the high level of creativity necessary in many business decisions when bringing a new product or service to market. Also, this case study encourages its readers to formulate solutions and provide answers for complexproblems fraught with ethical dilemmas.

The “Mind Matters” case study presents an opportunity for students in a wide range of courses such as business ethics, organizational behavior, leadership, marketing, and strategy to recognize and contemplate the difficult planning, the ethical challenges, and the high level of creativity necessary in many business decisions when bringing a new product or service to market. Also, this case study encourages its readers to formulate solutions and provide answers for complexproblems fraught with ethical dilemmas.

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...) Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work (...) available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which these interactions manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication. (shrink)

ABSTRACTThe aim of this paper is to show that general jurisprudence is in no need of reinvention. The sentiment shared by many contemporary legal philosophers that theories about the nature of law...

This paper argues that the literal meaning of words in a natural language is less conventional than usually assumed. Conventionality is defined in terms that are relative to reasons; norms that are determined by reasons are not conventions. The paper argues that in most cases, the literal meaning of words—as it applies to their definite extension—is not conventional. Conventional variations of meaning are typically present in borderline cases, of what I call the extension-range of literal meaning. Finally, some putative and (...) one or two genuine exceptions are discussed. (shrink)

This book examines three authors – Plutarch, Iamblichus and Augustine – who deeply impacted the ancient philosophical debates about divination, and highlights the complex relationship between philosophy and religion in Antiquity. Ce livre examine trois auteurs - Plutarque, Jamblique et Augustin - qui ont marqué les débats philosophiques antiques sur la divination et met en évidence la complexité des rapports entre philosophie et religion dans l’Antiquité.

In this paper I focus on the fallacy known as Complex Question or Many Questions. After a brief introduction, in Sect. 2 I highlight its pragmatic dimension, and in Sect. 3 its dialectical dimension. In Sect. 4 I present two accounts of this fallacy developed in argumentation theory, Douglas Walton’s and the Pragma-Dialectics’, which have resources to capture both its pragmatic and its dialectical nature. However, these accounts are unsatisfactory for various reasons. In Sect. 5 I focus on the pragmatic (...) dimension of the fallacy and I suggest amendments to the accounts mentioned drawing on the study of the phenomenon of presupposition in theoretical pragmatics. I argue that the central notion in the definition of the fallacy is that of an informative presupposition. In Sect. 6 I focus on the dialectical dimension of the fallacy. This dimension needs to be explicitly acknowledged in the definition of the fallacy in order to distinguish it from a different, non-dialectical, fallacious argumentative move involving presuppositions. (shrink)

"[W]e must focus on what legalism, per se, means, and then ask why is it a good thing to have. Not less importantly, however, we must also realize that legalism can be excessive. Even if the rule of law is a good thing, too much of it may be bad. So the challenge for a theory of the rule of law is to articulate what the rule of law is, why is it good, and to what extent." "[T]he essense of (...) the ideal of the rule of law is that people ought to be governed by law. This general ideal has at least two main components. First, it requires that governments, namely, de facto political authorities, should rule, that is, guide their subjects' conduct, by law. Second, it requires that the law by which governments purport to rule should be such that it can actually guide human conduct." "The idea that governments should rule by law must be premised on the assumption that rule by law, regardless of the laws' specific content, is to be preferred to governance by other means of social control. And this immediately brings us to the second component of the rule of law, namely, that the law must be such that it can actually guide human conduct, and the further assumption that these necessary features of law embody certain virtues. In other words, unless we can first articulate what is unique about legal means of social control, and explain why those features promote certain goods, we cannot ground the idea that governments should rule by law." Discusses ways, following mainly Fuller, one can fail to make law. Notes that these are functional goods for the regulation of human behavior. They may have a connection to other things we value. We should not assume, though, that greater instantiation of these ideals is always better - sometimes ideals conflict such that more of one means less of another and "because such values, on their own grounds, set only a rough standard wherby gross deviations from it would be wrong." "Compliance with the generality-relevance principle is crucially important in safeguarding against such unjustified favoritism since it requires that the norm's subjects be those who qualify as such only on the basis of the reasons for enacting the norm in the first place." Though, we must recognize teh possibility of bad law in the sense of unjust discrimination. "It is part of the concept of law that the law purports to affect human behavior by introducing new norms and changing old ones. The concept of a norm and conduct-guidance by norms is an essential aspect of what the law is. Norms, as such, necessarily purport to provide reasons for action. A norm cannot provide a reason for action, however, unless its subjets are aware of the norm and regard it as a reason for action." Justifies some retroactivity in terms of the need for flexibility in any functioning legal system. "Legal positivism can accept the claim that law is, by its very nature or its essential functions in society, something good that deserves our moral appreciation. Nor is legal positivism forced to deny the plausible claim that wherever law exists, it must have a great many prescriptions which coincide with morality. There is probably a considerable overlap, and perhaps necessarily so, between the actual content of law and morality.". (shrink)

Cultural schemas are a central cognitive mechanism through which culture affects action. In this article, we develop a theoretical model of cultural schemas that is better able to support empirical work, including inferential, sensitizing, and operational uses. We propose a multilevel framework centered on a high-level definition of cultural schemas that is sufficiently broad to capture its major sociological applications but still sufficiently narrow to identify a set of cognitive phenomena with key functional properties in common: cultural schemas are socially (...) shared representations deployable in automatic cognition. We use this conception to elaborate the main theoretical properties of cultural schemas, and to provide clear criteria that distinguish them from other cultural or cognitive elements. We then propose a series of concrete tests empirical scholarship can use to determine if these properties apply. We also demonstrate how this approach can identify potentially faulty theoretical inferences present in existing work. Moving to a lower level of analysis, we elaborate how cultural schemas can be algorithmically conceptualized in terms of their building blocks. This leads us to recommend improvements to methods for measuring cultural schemas. We conclude by outlining questions for a broader research program. (shrink)

According to traditional Judeo-Christian-Islamic theism, God is an omniscient, omnipotent, and morally perfect agent. This volume shows that philosophy of religion needs to take seriously alternative concepts of the divine, and demonstrates the considerable philosophical interest that they hold.

A possibilidade de se tolerar um desobediente civil é parte integrante, para muitos autores, do próprio conceito de Estado Democrático de Direito. Porém, a fundamentação e os limites da referida desobediência é matéria controversa, mormente quanto à possibilidade de infringir uma lei com fulcro na objeção de consciência. A discussão central, portanto, permeia a incorporação ou não da objeção de consciência como um fundamento válido para a desobediência civil. Percebe-se, a partir deste debate, que questões morais e legais poderão entrar (...) em conflito e os limites da desobediência dependerão da fundamentação e da justificação tanto filosófica quanto jurídica. Frente à vasta e complexa gama de autores que trabalham o tema, optou-se, no presente ensaio, pela análise crítica e comparativa das teorias de John Rawls e Ronald Dworkin, que divergem exatamente no ponto acima descrito. O primeiro, alicerçado em sua teoria da justiça como equidade, promove o entendimento procedimental da desobediência civil fundamentada em princípios políticos publicamente aceitos, excluindo questões morais. O segundo, por seu turno, entende que em toda regra há um conteúdo moral, passível, portanto, de desobediência com fulcro na objeção de consciência. Tendo em vista a referida dicotomia entre princípios morais e princípios políticos, busca-se verificar se a teoria de Rawls impõe um caráter exageradamente restritivo ou se a compreensão de Dworkin traduz comportamentos estatais excessivamente tolerantes. O presente artigo se justifica pela influência decisiva que ambos os autores têm desempenhado no que se refere à fundamentação da desobediência civil, principalmente no debate em relação às doutrinas liberais de justiça. (shrink)

We introduce a smooth mapping of some discrete space-time symmetries into quasi-continuous ones. Such transformations are related with q-deformations of the dilations of the Euclidean space and with the noncommutative space. We work out two examples of Hamiltonian invariance under such symmetries. The Schrödinger equation for a free particle is investigated in such a noncommutative plane and a connection with anyonic statistics is found.

We presented a contextual statistical model of the probabilistic description of physical reality. Here contexts (complexes of physical conditions) are considered as basic elements of reality. There is discussed the relation with QM. We propose a realistic analogue of Bohr’s principle of complementarity. In the opposite to the Bohr’s principle, our principle has no direct relation with mutual exclusivity for observables. To distinguish our principle from the Bohr’s principle and to give better characterization, we change the terminology and speak about (...) supplementarity, instead of complementarity. Supplementarity is based on the interference of probabilities. It has quantitative expression trough a coefficient which can be easily calculated from experimental statistical data. We need not appeal to the Hilbert space formalism and noncommutativity of operators representing observables. Moreover, in our model there exists pairs of supplementary observables which cannot be represented in the complex Hilbert space. There are discussed applications of the principle of supplementarity outside quantum physics. (shrink)

Many powers-realists assume that the powers of objects are identical with the dispositions of objects and, hence, that ‘power’ and ‘disposition’ are interchangeable. In this article, I aim to disentangle dispositions from powers with the goal of getting a better sense of how powers and dispositions relate to one another. I present and defend a modest realism about dispositions built upon a standard strong realism about powers. I argue that each correct disposition-ascription we can make of an object is made (...) true by the manifestations towards which a given power or collection of powers of the object is directed.RésuméDe nombreux réalistes des pouvoirs supposent que les pouvoirs des objets sont identiques aux dispositions des objets et, par conséquent, que le « pouvoir » et la « disposition » sont interchangeables. Dans cet article, j'ai pour objectif de démêler les dispositions des pouvoirs dans le but d'avoir une meilleure idée de la façon dont les pouvoirs et les dispositions se rapportent les uns aux autres. Je présente et défends un réalisme des dispositions modeste fondées sur un réalisme des pouvoirs standard fort. Je soutiens que chaque disposition-ascription correcte que nous pouvons faire d'un objet est rendue vraie par les manifestations vers lesquelles un pouvoir donné ou une collection de pouvoirs de l'objet est dirigé. (shrink)

It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This article purports to disprove this line of thought. It argues that legal positivism is best understood as a descriptive, morally neutral, theory about the nature of law. The article distinguishes between five possible views about the relations between normative claims and legal positivism, arguing that some of them are not (...) at odds with Hart’s thesis about the nature of jurisprudence, while the others are wrong, both as expositions of legal positivism or as critiques of it. Legal positivism does not necessarily purport to justify any aspect of its subject matter, nor is it committed to any particular moral or political evaluations. (shrink)

Despite its frequent appearances in sociological textbooks, dictionaries and theoretical opuses, ethnomethodology is still one of the most misunderstood and undervalued domains of sociological inquiry. This is particularly evident in the case of the central sociological question: social order. Harold Garfinkel, the founder of ethnomethodology, provided a unique answer to the question of order. His answer emphasized a contingent, situated character of constitutive practices of local order production. Initially a response to Talcott Parsons’ question about the conditions of the stability (...) of social order, Garfinkel’s conception of constitutive order was later radicalized and used as the foundation of the programme of empirical ethnomethodological studies. To properly understand the radical character of the conception and programme, it is necessary to reveal the core elements of it and to separate them from the historically changed components. (shrink)

Generic statements (e.g., “Birds lay eggs”) express generalizations about categories. In this paper, we hypothesized that there is a paradoxical asymmetry at the core of generic meaning, such that these sentences have extremely strong implications but require little evidence to be judged true. Four experiments confirmed the hypothesized asymmetry: Participants interpreted novel generics such as “Lorches have purple feathers” as referring to nearly all lorches, but they judged the same novel generics to be true given a wide range of prevalence (...) levels (e.g., even when only 10% or 30% of lorches had purple feathers). A second hypothesis, also confirmed by the results, was that novel generic sentences about dangerous or distinctive properties would be more acceptable than generic sentences that were similar but did not have these connotations. In addition to clarifying important aspects of generics’ meaning, these findings are applicable to a range of real-world processes such as stereotyping and political discourse. (shrink)

Recently I posted a paper entitled “External observer reflections on QBism”. As any external observer, I was not able to reflect all features of QBism properly. The comments I received from one of QBism’s creators, C. A. Fuchs, were very valuable to me in better understanding the views of QBists. Some of QBism’s features are very delicate and extracting them from articles of QBists is not a simple task. Therefore, I hope that the second portion of my reflections on QBism (...) might be interesting and useful for other experts in quantum foundations and quantum information theory. In the present paper I correct some of my earlier posted critical comments on QBism. At the same time, other critical comments gained new validation through my recent deeper understanding of QBists views on a number of problems. (shrink)

Mainstream political liberals hold that state coercion is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Critics argue that this public justification principle is self-defeating, because it depends on moral justifications that not all may reasonably be expected to accept. To rebut the self-defeat objection, I elaborate on the following disjunction: one either agrees or disagrees that it is wrong to impose one’s morality on others by the coercive power (...) of the state. Those who disagree reject PJP, they understand politics as war. Those who agree accept PJP, they understand politics as competition. Political competitors abide by PJP to avoid politics as war, by enforcing PJP on political combatants they engage in a war that is unavoidable. In both cases their exercise of political power has a justification that is reasonably acceptable to all. (shrink)

Alter elaborates and defends an ambitious argument advanced by Chalmers against physicalism. As Alter notes, the argument is valid. But I will argue that not all its premises are true. In particular, it is false that all physical truths are purely structural. In denying this, I focus not on the objects of pure physical theory but on the homely, macroscopic objects of our daily lives.

The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex (...) and large-scale systems such as law. (shrink)

Within the semiotic approach to explaining human behavior, individual actions can be understood as signs expressing senses of other actions. Such an understanding makes it possible to combine the description of actions in the individual and systemic societal perspective. The individual sense of an action refers to a finite number of other actions given to a person both in consciousness and in bodily experience as a whole. Social senses link actions into a single chain and are extracted from the senses (...) of previous actions. This model, while generally correct, is too abstract and requires a more detailed explanation of exactly how senses are extracted. The suggested possible explanation is that actions are mediated by situations in accordance with the formula of K. Lewin: the actual form of behavior is a function of the situation, understood as a set of properties of the acting person and her circumstances. The idea being expressed in the form of rules, according to which a typical form of behavior is performed by a person with a typical social status, being in a typical psychophysiological state and typical circumstances, gets a variant of the so-called “grammar of behavior”, explicating innate predispositions and implicit rules of culture. The question of how to understand the forms of behavior and situations typical for a particular culture can be solved on the basis of the biosemantics of R.G. Millikan. They can be understood as natural conventions — such that two conditions are sufficient for their existence: that they reproduce, and that this reproduction be based on the weight of precedents. Conventional language constructs are understood in biosemantics as lineages of tokens that were copied from each other and copies of which were used for repeated solutions to the same problem. They may have appeared by accident, but they survive and proliferate due to the performance of a vital function. At the same time, it is not at all necessary that the absolute majority of people conform to these conventions, just as the conventions do not have to be explicit prescriptions. Ideas about what forms of behavior are most appropriate in a given situation cannot be the same for different people, but this does not prevent the proliferation of conventional behavior. (shrink)

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.

My paper is a reply to Mr. Seungbae Park’s article, “Defence of Cultural Relativism” (Park, 2011), which holds that no culture is better than another. In response,my paper challenges the author’s method, fairly popular amongst some postmodern thinkers, that tends to equate cultural relativism and Einstein’s theory of relativity. Firstly, I question the general rationale of establishing an analogy between relativity and relativism. In my opinion, the analogy fails to take into accountthe very large generic distance between physics and ethics. (...) Secondly, I try to demonstrate that the analogy can be construed in two opposite ways, so that, on theone hand, it might support relativism, while on the other, it might reinforce cultural absolutism. Therefore, one would rather dispense with so equivocal an analogy. Finally, I suggest that besides cultural absolutism and cultural relativism there is also another way of assessing different cultures – I used to call it intrinsic comparison – which is based on the second options of groups and individuals rather than on their first options. The issue of how to successfully compare cultures by avoiding both absolutism and relativism was extensively dealt with by me elsewhere. (shrink)