These are the answers I gave to Brian Bix, Peter Koller, Ralf Posher, Torben Spaak, Timothy Endicott, and Jan Sieckmann at the end of a splendid conference day in 2018. The critique given to me concerned important aspects of three main themes in my work: the claim to correctness, human and constitutional rights, and the ideal dimension of law. In the last decades I have attempted to connect these themes systematically. The result is the idea of democratic constitutionalism (...) as an institutionalization of practical reason. (shrink)

The argument from the claim to correctness has been put forward by Robert Alexy to defend the view that normative utterances admit of objective answers. My purpose in this paper is to preserve this initial aspiration even at the cost of diverting from some of the original ideas in support of the argument. I begin by spelling out a full-blooded version of normative cognitivism, against which I propose to reconstruct the argument from the claim to correctness. (...) I argue that the context of uttering normative propositions points to the possibility of normative cognition, but does not constitute it. What constitutes the possibility of cognition is, as of necessity, the propositional structure of norms. I conclude that the argument from the claim to correctness ought to safeguard a distinction between the context of uttering a normative sentence and the proposition that individuates the content of the utterance. (shrink)

This article offers an overview of the difficulties in Robert Alexy’s idea of law’s “claim to correctness.” The inquiry takes us deep into the nature of simple communication, back out to what it means to have a theory about the nature of law, and also in the direction of wondering about the interaction of legal theory and practical reasoning—reasoning about how we should best act. The article offers reasons to question whether law in fact makes claims, at least (...) in any straightforward sense. Even if one brackets that matter, there are reasons to raise doubts about what is in fact implicit in the act of lawmaking. At one level, an act of lawmaking does implicitly assert the authority to act in that way. Whether it also implies that the content of the action is morally good, or at least not clearly morally bad, is, at a minimum, a harder question. (shrink)

In Giving Reasons, Bermejo-Luque rightly claims that a normative model of the speech act of argumentation is more defensible if it rests on an internal aim that is constitutive of the act of arguing than if it rests, as she claims existing normative models do, on an aim that one need not pursue when one argues. She rightly identifies arguing with trying to justify something. But it is not so clear that she has correctly identified the internal aim of arguing (...) as showing that a target-claim is correct on the basis that a reason offered in its support is correct. First, if arguing is as she claims an attempt to justify, it is best construed as an attempt to justify the action or emotion expressed in its conclusion. Second, it is doubtful that qualified reasons and conclusions can always be reasonably reconstructed as unqualified claims, and even more doubtful that non-constative reasons and conclusions can always be reasonably reconstructed as indirect claims. Third, she needs to explain and justify her introduction of the concepts of showing and correctness in her analysis of the act of arguing. (shrink)

En Giving Reasons, Bermejo-Luque sostiene correctamente que un modelo normativo del acto de habla de la argumentación es más defendible si se basa en un objetivo interno constitutivo del acto de argumentar, que si se apoya en objetivos que que uno no necesita perseguir cuando argumenta, tal como, en su opinión, sucede con otros modelos normativos. Ella identifica correctamente argumentar con intentar justificar. Pero no está claro que haya acertado al identificar como objetivo interno de la argumentación el mostrar que (...) una afirmación de referencia es correcta sobre la base de que las razones ofrecidas en su apoyo son correctas. En primer lugar, si argumentar, tal como ella defiende, es un intento de justificar, la mejor manera de interpretarlo es como intento de justificar la acción o emoción expresada en la conclusión. En segundo lugar, es dudoso que razones y conclusiones cualificadas puedan siempre ser reconstruidas razonablemente como afirmaciones no cualificadas, y más dudoso aún que razones y conclusiones no-constatativas puedan siempre ser reconstruidas razonablemente como afirmaciones indirectas. Más dudos aún es que podamos reconstruir razones y conclusiones no-constatativas como tesis indirectas. En tercer lugar, necesita explicar y justificar su introducción de los conceptos de mostrar y corrección en su análisis del acto de argumentar. (shrink)

The aim of the current article is to analyze the concept of tragic cases and its different implications based on Manuel Atienza, one of the jurists who specially addressed the issue, and on Robert Alexy, whose work is one of the main references in contemporary Legal Philosophy. According to parameters exposed by Alexy (correctness, rationality, legal argumentation, human rights), some of Atienza’s central assertions about tragic cases (lack of correct answer, legal rationality limitation, option for the lesser evil) are (...) herein demonstrated as inadmissible. Based on Alexy’s work, it is possible to justify the opposite conclusion about tragic cases, i.e., cases where there is more than one correct answer and these answers are opposed to each other. (shrink)

This correction reflects that I forgot to cite Stephan Leuenberger's unpublished work in the paragraph beginning "More promising, perhaps, is the orthodox view ..." in Section 5. The overall argument of Section 5 is a development of an argument I gave in footnote 27 of 'No Work for a Theory of Grounding' (Inquiry, 2014). At issue in the relevant sections of 'No Work...' and 'Grounding-based Formulations...' is whether a proponent of Grounding has resources to accommodate strongly emergent phenomena, where strong (...) emergence is understood as contrasting with physicalism. In 'No Work...', after arguing in the text that an account of strong emergence as involving a failure of full Grounding would not accommodate the live possibility that strongly emergent goings-on might be partially but not completely metaphysically dependent on physical goings on, I considered in note 27 whether strong emergence, again understood as contrasting with physicalism, could be characterized by appeal to a Finean notion of partial Grounding, as the view that strongly emergent goings-on are partially but not fully Grounded in physical goings-on, and I argued that assuming that the notion of partial Grounding was taken to be primitive, then (since there were no prospects of defining full Grounding in terms of primitive partial Grounding along lines of defining a general notion of parthood in terms of primitive proper parthood or identity), such an approach would require that full Grounding also be taken as primitive, with possibly yet another primitive connecting partial and full Grounding. -/- I heard Leuenberger's talk 'Emergence and Failures of Supplementation' in May 2015; for purposes of developing my previous argument (as per Section 5 in 'Grounding-based Formulations...') this talk was helpful since Leuenberger correctly argued that there were also no prospects for implementing the partial Grounding-based strategy by taking full Grounding to be primitive and defining partial Grounding in terms of full Grounding, since that would import a weak supplementation structure that might not be present in cases of strong emergence. I wrote to Leuenberger asking for his slides so that I could reference him and his work (which again is presented in the paragraph beginning "More promising, perhaps, is the orthodox view..."), but somehow forgot to include a citation to his talk, for which I sincerely apologize. -/- One last thing: the erratum is a bit misleading about my use of Leuenberger's work. My discussion of whether a primitivist (i.e., 'non-orthodox') understanding of Finean partial Ground serves as a suitable basis for a partial Grounding-based approach to strong emergence stems from footnote 27 of my 2014, not Leuenberger's 2015 talk, and in both 'No Work...' and 'Grounding-based Formulations...' I argue that such an approach would be problematic, not "suitable", since involving two or three primitives. Also worth noting is that I do not claim or argue that the orthodox conception of partial Grounding as defined in supplementary fashion in terms of full Grounding is *incompatible* with strong emergence. Again, at issue in both 'No Work...' and in 'Grounding-based Formulations...' is strong emergence understood as contrasting with physicalism, so the relevant application of a partial Grounding-based strategy, whether or not involving an 'orthodox' account of partial Grounding as definable in terms of full Grounding, is in my papers one according to which strongly emergent goings-on are partially but not fully Grounded in *physical* goings-on. So far as I can tell, there might be cases of strong emergence that *do* obey supplementation, and which would be compatible with a partial Grounding-based account of strong emergence, where the operative notion of partial Grounding is 'orthodox' (non-primitive). For my purposes, what is important is that cases of strong emergence might not obey supplementation. (shrink)

AI has numerous applications and in various fields, including the military domain. The increase in the degree of autonomy in some decision-making systems leads to discussions on the possible future use of lethal autonomous weapons systems (LAWS). A central issue in these discussions is the assignment of moral responsibility for some AI-based outcomes. Several authors claim that the high autonomous capability of such systems leads to a so-called “responsibility gap.” In recent years, there has been a surge in philosophical (...) literature around the concept of responsibility gaps and different solutions have been devised to close or bridge these gaps. In order to move forward in the research around LAWS and the problem of responsibility, it is important to increase our understanding of the different perspectives and discussions in this debate. This paper attempts to do so by disentangling the various arguments and providing a critical overview. After giving a brief outline of the state of the technology of LAWS, I will review the debates over responsibility gaps using three differentiators: those who believe in the existence of responsibility gaps versus those who do not, those who hold that responsibility gaps constitute a new moral problem versus those who argue they do not, and those who claim that solutions can be successful as opposed to those who believe that it is an unsolvable problem. (shrink)

In this paper, I take up one of Wang Yangming’s most audacious philosophical claims, which is that an achievement that is entirely concerned with correcting one’s own inner states, called “establishing sincerity” (licheng 立誠) can help one to fully grasp (jin 盡) all ethically pertinent matters, including those that would seem to require some ability to know or track facts about the wider world (e.g., facts about people very different from ourselves, facts about the needs of plants and animals). Wang (...) makes a claim to this effect in some of his letters and recorded discussions. -/- I begin with a brief, historical reconstruction of what Wang means by “establishing sincerity” and then turn to two sets of controversies regarding his audacious claim. The first has to do with how we should understand the proposal that establishing sincerity helps or positions a person to fully grasp all ethically significant concerns. On the interpretation of Chen Lai 陳來, Wang doesn’t think that establishing sincerity is sufficient by itself to have this grasp, only that it lays a necessary psychological foundation for all attempts to do so, so that it leaves much more work to do. I largely agree with Chen’s reading but find it isn’t strong enough to capture what’s most important and controversial about Wang’s view. On my stronger reading, Wang doesn’t just think that establishing sincerity provides a necessary foundation for a complete grasp, he also thinks that it describes the most difficult and demanding step or part of the process – the other steps come much more naturally and easily. The second set of controversies has to do with whether we can preserve Wang’s core account of virtuous moral agency without his strong ethical nativism, according to which we have an inherent capacity and disposition to track what is ethically important or salient about people and things very much unlike ourselves. I consider some arguments and interpretations of Wang’s thought that might allow us to bypass his nativist presuppositions, and conclude that they do not succeed. Even if we cannot accept his ethical nativism, however, there is a range of important ethical norms for which Wang’s prescriptions are powerful and prudent. The result of this study, I hope, will be an account of Wang’s thought which better positions us to see what parts are (and are not) worth bringing to ongoing debates about the nature of ethics, moral knowledge, and moral virtue. (shrink)

This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified (...) by distributive justice. Apologies and the moral relations they engage might thus be parts of a domain of justice that is neither distributive nor dependent on distributive justice. (shrink)

Recent work on analyticity distinguishes two kinds, metaphysical and epistemic. This paper argues that the distinction allows for a new view in the philosophy of logic according to which the claims of logic are metaphysically analytic and have distinctive modal profiles, even though their epistemology is holist and in many ways rather Quinean. It is argued that such a view combines some of the more attractive aspects of the Carnapian and Quinean approaches to logic, whilst avoiding some famous problems.

Chronic disorders of consciousness, particularly the vegetative and the minimally conscious states, pose serious diagnostic challenges to neurologists and clinical psychologists. A look at the concept of “diagnosis” in medicine reveals its social construction: While medical categorizations are intended to describe facts in the real world, they are nevertheless dependent on conventions and agreements between experts and practitioners. For chronic disorders of consciousness in particular, the terminology has proven problematic and controversial over the years. Novel research utilizing functional brain imaging (...) has demonstrated that a substantial number of patients retain their capabilities to communicate by brain activity even when they are incapable of classic verbal and nonverbal responses due to the dysfunction of their motor behavior. Moreover, thorough diagnostic assessments constitute the foundations for suitable rehabilitation measures. Thus, ethical arguments support the claim that the potential of emerging methods for communication via brain activity should be evaluated comprehensively in patients with chronic disorders of consciousness, once the technological methodology for this endeavor progresses to a reliable and affordable stage. (shrink)

It is widely thought that Robert Nozick’s views on rectification of past injustices are of critical importance to his theory of distributive justice, even perhaps justifying wholesale redistributive taxes in the present because of the undoubted injustices that have pervaded much past history. This essay undertakes to correct this impression—not mostly by disagreeing with Nozick’s claims, but nevertheless proceeding on basic libertarian theory. Of enormous importance is the role of putative innocents, who are defrauded by miscreants carefully covering their tracks (...) so that these recipients have no reason to think they are buying stolen property. But of equal importance is simply that the duty to rectify past injustices is not comparable to the original duty to respect property rights in the first place. (shrink)

Quantum computers are hypothetical quantum information processing (QIP) devices that allow one to store, manipulate, and extract information while harnessing quantum physics to solve various computational problems and do so putatively more efficiently than any known classical counterpart. Despite many ‘proofs of concept’ (Aharonov and Ben–Or 1996; Knill and Laflamme 1996; Knill et al. 1996; Knill et al. 1998) the key obstacle in realizing these powerful machines remains their scalability and susceptibility to noise: almost three decades after their conceptions, experimentalists (...) still struggle to maintain useful quantum coherence in QIP devices with more than a pair of qubits (e.g., Blatt and Wineland 2008). This slow progress has prompted debates on the feasibility of quantum computers, yet the quantum information community has dismissed the skepticism as “ideology” (Aaronson 2004), claiming that the obstacles are merely technological (Kaye et al. 2007, 240). In a recent paper (Hagar 2009) I’ve argued that such a skepticism with respect to the feasibility of quantum computers need not be deemed ideological at all, and that the aforementioned ‘proofs of concept’ are physically suspect. Using analogies from the foundations of classical statistical mechanics (SM), I’ve also argued that instead of active error correction, the appropriate framework for debating the feasibility of large–scale, fault–tolerant and computationally superior quantum computers should be the project of error avoidance: rather than trying to constantly ‘cool down’ the QIP device and prevent its thermalization, one should try to locate those regions in the device’s state space which are thermodynamically ‘abnormal’, i.e., those regions in the device’s state space which resist thermalization regardless of external noise. This paper is intended as a further contribution to the debate on the feasibility of large–scale, fault–tolerant and computationally superior quantum computers. Relying again on analogies from the foundations of classical SM, it suggests a skeptical conjecture and frames it in the ‘passive’, error avoidance, context.. (shrink)

ABSTRACT A belief is correct if and only if the believed proposition is true. Some philosophers argued that from this standard of correctness it is possible to derive the statement of a norm, a claim about what a subject ought to do. Many formulations of the standard in terms of an ‘ought’-claim have been suggested, but all resulted affected by some problem. My aim in this article is to suggest a new formulation of the standard in ‘ought’-terms (...) based on an analysis of the relations occurring between the notions of correctness and ‘ought’. My suggested formulation is that, for any subject S and proposition p, according to the standard of correctness, given that S believes that p, it ought to be that p. (shrink)

During multiple testing, researchers often adjust their alpha level to control the familywise error rate for a statistical inference about a joint union alternative hypothesis (e.g., “H1,1 or H1,2”). However, in some cases, they do not make this inference. Instead, they make separate inferences about each of the individual hypotheses that comprise the joint hypothesis (e.g., H1,1 and H1,2). For example, a researcher might use a Bonferroni correction to adjust their alpha level from the conventional level of 0.050 to 0.025 (...) when testing H1,1 and H1,2, find a significant result for H1,1 (p < 0.025) and not for H1,2 (p > .0.025), and so claim support for H1,1 and not for H1,2. However, these separate individual inferences do not require an alpha adjustment. Only a statistical inference about the union alternative hypothesis “H1,1 or H1,2” requires an alpha adjustment because it is based on “at least one” significant result among the two tests, and so it refers to the familywise error rate. Hence, an inconsistent correction occurs when a researcher corrects their alpha level during multiple testing but does not make an inference about a union alternative hypothesis. In the present article, I discuss this inconsistent correction problem, including its reduction in statistical power for tests of individual hypotheses and its potential causes vis-à-vis error rate confusions and the alpha adjustment ritual. I also provide three illustrations of inconsistent corrections from recent psychology studies. I conclude that inconsistent corrections represent a symptom of statisticism, and I call for a more nuanced inference-based approach to multiple testing corrections. (shrink)

Wijdicks and colleagues1 recently presented the Full Outline of UnResponsiveness (FOUR) scale as an alternative to the Glasgow Coma Scale (GCS)2 in the evaluation of consciousness in severely brain-damaged patients. They studied 120 patients in an intensive care setting (mainly neuro-intensive care) and claimed that “the FOUR score detects a locked-in syndrome, as well as the presence of a vegetative state.”1 We fully agree that the FOUR is advantageous in identifying locked-in patients given that it specifically tests for eye movements (...) or blinking on command. This is welcomed given that misdiagnosis of the locked-in syndrome has been shown to occur in more than half of the cases (see Laureys and colleagues3 for review). As for the diagnosis of the vegetative state, the scale explicitly tests for visual pursuit, and hence can disentangle the vegetative state from the minimally conscious state (MCS). The diagnostic criteria for MCS have been proposed4 only recently, but Wijdicks and colleagues1 do not mention the existence of this clinical entity in their article. As for the vegetative state, MCS can be encountered in the acute or subacute setting as a transitional state on the way to further recovery, or it can be a more chronic or even permanent condition. The MCS refers to patients showing inconsistent, albeit clearly discernible, minimal behavioral evidence of consciousness (eg, localization of noxious stimuli, eye fixation or tracking, reproducible movement to command, or nonfunctional verbalization).4 The FOUR scale does not test for all of the behavioral criteria required to diagnose MCS.4 It is known from the literature (see Majerus and colleagues5 for review) that about a third of patients diagnosed with vegetative state are actually in MCS, and this misdiagnosis can lead to major clinical, therapeutic, and ethical consequences. We tested the ability of the newly proposed FOUR scale to correctly diagnose the vegetative state in an acute (intensive care and neurology ward) and chronic (neurorehabilitation) setting.. (shrink)

In his “Liberality versus Liberalism,” John Milbank certainly begins with good intentions, but the article is open to ambiguous understandings.1 Personally I have no difficulties agreeing with parts of his criticism. Like Milbank, I believe that since the collapse of “really existing socialism,” which the soviet systems claimed to represent, “liberalism” is without a doubt the contemporary “bearer of modernity” and “progress.” In addition, globalization is primarily a “liberal” phenomenon: the transformation of the planet into an immense single market. Milbank (...) is equally correct when he evokes the “vicious global spiral” that tends to transform today's liberal democracies into societies…. (shrink)

This article argues that corrective justice is an adequate principle of criminalization. On my interpretation, corrective justice holds that, in order for an action to count as a crime, there needs to be a plausible normative story about an offender having violated the interests of a victim in a way that disturbs their relationship as equal persons and a subsequent story about responding to crime in a way that corrects this disturbance. More specifically, I claim that corrective justice is (...) concerned with the protection of interests that persons have in owning private goods throughout standard interactions with other persons. The argument proceeds in three steps. First, I specify the subject-matter that principles of criminal law need to ground and provide an outline of the idea of corrective justice. Second, I show that corrective justice can account for the main cases of crime and the salient modes of criminal responsibility. I also argue that corrective justice can make sense of two prima facie recalcitrant types of cases. Third, and finally, I address two objections to my corrective justice theory of criminal law. The first concerns the implications corrective justice has for locating criminal law along the private/public law divide. The second objection raises the putatively problematic consequences corrective justice has for understanding the separation between criminal and civil law. (shrink)

This paper explores the sense in which correctness applies to belief-like imaginings. It begins by establishing that when we imagine, we ‘direct’ our imaginings at a certain imaginary world, taking the propositions we imagine to be assessed for truth in that world. It then examines the relation between belief-like imagining and positing truths in an imaginary world. Rejecting the claim that correctness, in the literal sense, is applicable to imaginings, it shows that the imaginer takes on, vis-à-vis (...) the imaginary world, the first-person perspective of a believer. Imaginings, it concludes, ‘mimic’ beliefs with respect to the property of being correct or incorrect by virtue of having true or false content. (shrink)

In the first part of the dissertation, chapters 1 to 3, I criticize several views which tend to set philosophy apart from other cognitive achievements. I argue against the popular views that 1) Intuitions, as a sui generis mental state, are involved crucially in philosophical methodology 2) Philosophy requires engagement in conceptual analysis, understood as the activity of considering thought experiments with the aim to throw light on the nature of our concepts, and 3) Much philosophical knowledge is a priori. (...) I do not claim to have a proof that nothing in the vicinity of these views is correct; such a proof might well be impossible to give. However, I consider several versions, usually prominent ones, of each of the views, and I show those versions to be defective. Quite often, moreover, different versions of the same worry apply to different versions of the same theory. In the fourth chapter I discuss the epistemology of the judgements involved in philosophical thought experiments, arguing that their justification depends on their being the product of a competence in applying the concepts involved, a competence which goes beyond the possession of the concepts. I then offer, drawing from empirical psychology, a sketch of the form this cognitive competence could take. The overall picture squares well with the conclusions of the first part. In the last chapter I consider a challenge to the use of thought experiments in contemporary analytic philosophy coming from the ‘experimental philosophy’ movement. I argue that there is no way of individuating the class of hypothetical judgements under discussion which makes the challenge both interesting and sound. Moreover, I argue that there are reasons to think that philosophers possess some sort of expertise which sets them apart from non-philosophers in relevant ways. (shrink)

According to the dominant methodology of contemporary analytic philosophy, philosophical intuitions play evidential roles for or against philosophical theories. However, intuitions can play the supposed role successfully only if they are justified. Phenomenalism, as one of the proposed theories that aims to explain and argue for justifiedness of intuitions, claims that intuitions are justified because they have a certain phenomenal character: Intuitive contents seem to be true. Furthermore, it argues that sensory perception has similar phenomenal character, in virtue of which (...) it is justified. This analogy confirms the justifiedness of intuitions. In this paper, however, we shall argue that there is at least one another epistemological feature of sensory perception which is relevant to its justifiedness, that is self-correction. Although sensory perception is highly self – correcting, intuitions normally resist self – correction, even in the case of further recalcitrant evidences. The disanalogy threatens phenomenalist analogy for justifiedness of intuitions. (shrink)

Embodied cognition and enactive approaches have criticized the associationist, also called mechanistic, view of habits. Motivated by the enactive account of habits and research on the field of Motor Control, I argue that Ryle was both wrong and right about habits and their relation to intelligent behavior. Ryle was wrong in claiming that habits fall short of intelligent behavior. But Ryle was also right, he correctly puts habits in a continuity that goes from dispositions in general to what he considers (...) bonafide intelligent behavior or knowing-how. After some background, the Rylean distinction between habits and intelligent behavior is explored. I then move to Ryle’s mistake and its roots, tacitly endorsing the idea of instinct as innate behavior. In doing so, he neglected that variability and modifiability are the rules and not the exceptions in behavior. Research on the phenomena of motor redundancy of animal behavior, the enactive account of habits, and a dynamic account of intelligence are mobilized to correct his mistake. My proposed account explains Ryle’s mistake, why it is a mistake, and why it is an understandable mistake coming from someone with his perspective. The last section of the paper re-articulates the continuum between simple dispositions, habits, and highly skilled behavior. I reconceived the continuum of intelligence as including not only our habits, but all animal behavior. (shrink)

The distinctiveness of panentheism will facilitate its future development. Further, having a clear distinctive can facilitate conversations among panentheists from diverse religious traditions by helping recognize concepts that are compatible or similar to aspects of panentheism. Finally, having a clear distinctive facilitates recognizing relations between positions that are similar to panentheism and explicit forms of panentheism. An examination of three claims about the distinctiveness of panentheism suggests that a mutual relation between God and the world aids in identifying the distinctiveness (...) of panentheism. The nature of a mutual relation, evidence that a mutual relation is important to panentheism, and describing the benefits of recognizing a mutual relation support a mutual relation as distinctive of panentheism. (shrink)

In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of (...) law's moral claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

Brian Pitts has recently claimed to show via straightforward calculation that, at least in the case of Hamiltonian electromagnetism, an arbitrary first-class constraint ``generates not a gauge transformation, but a bad physical change'' (Annals of Physics 351 (2014) pp.382-406; arXiv:1310.2756). We show, via a straightforward calculation, that a transformation generated by an arbitrary first-class constraint relates gauge-equivalent phase space points, vindicating orthodoxy. Pitts, however, is primarily concerned with transformations of entire histories, rather than of instantaneous states. We show that, even (...) in this context, a transformation generated by an arbitrary first-class constraint is also a gauge transformation, once the empirically observed electric field is correctly identified via its dynamical interactions with charge, and not simply given stipulatively as a certain combination of the potential and its derivatives. (shrink)

Course Correction engages in deliberation about what the twenty-first-century university needs to do in order to re-find its focus as a protected place for unfettered commitment to knowledge, not just as a space for creating employment or economic prosperity. The university's business, Paul W. Gooch writes, is to generate and critique knowledge claims, and to transmit and certify the acquisition of knowledge. In order to achieve this, a university must have a reputation for integrity and trustworthiness, and this, in turn, (...) requires a diligent and respectful level of autonomy from state, religion, and other powerful influences. It also requires embracing the challenges of academic freedom and the effective governance of an academic community. Course Correction raises three important questions about the twenty-first-century university. In discussing the dominant attention to student experience, the book asks, "Is it now all about students?" Secondly, in questioning "What knowledge should undergraduates gain?" it provides a critique of undergraduate experience, advocating a Socratic approach to education as interrogative conversation. Finally, by asking "What and where are well-placed universities?" the book makes the case against placeless education offered in the digital world, in favour of education that takes account of its place in time and space. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A HEIDEGGERIAN CRITIQUE OF AQUINAS AND A GILSONIAN REPLY JOHN F. X. KNASAS Center for Thomistic Studies Houston, Texas I IN HIS BOOK, Heidegger and Aquinas: An Essay on Overcoming Metaphysics, John Caputo investigates among other points a claim of Etienne Gilson's followers. Their claim is that Heidegger's charge of an oblivion or forgetfulness of being cannot be pinned on Aquinas.1 Aquinas escapes the charge because he (...) alone in the history of Western philosophy deepens the understanding of being to the level of esse. How could someone who has seized upon the fundamental principle of being be guilty of a forgetfulness of being? Caputo begs to differ. A Heideggerian would find the Gilsonian thesis unimpressive. What Aquinas has done remains too ontical, for it still deals with things and the principles of things. Something else escapes Aquinas's eye, and Caputo variously expresses the Heideggerian dissatisfaction :... esse for Aquinas means that act by which a thing comes to be " real " rather than " present " in the original Greek sense of shining and appearing, revealing and concealing.... In St. Thomas the original Greek notion of presencing as the shining in which all appearances shine, as a rising up into appearance, into manifestness, has declined into an understanding of Being as "objective presence," the presence of what is mutely there, as a sound in an empty room is thought to be" there" in naive realism and common sense.2 1 John Caputo, Heidegger and Aquinas: An Essay on Overcoming Metaphysics (New York: Fordham University Press, 1982), pp. 100-1, 117-21. 2 Ibid., p. 199. 415 416 JOHN F. X. KNASAS Also: Hence, St. Thomas takes the being, not in its very Being-that is, in its quiet emergence into manifestness-but in its character as something created.3 Then: The metaphysics of actualitas is basically at odds with the meditative savoring of the original sense of Being as presencing.4 Finally: The early Greek experience of Anwesen, of the simple emergence of things into the light, differs fundamentally from St. Thomas's metaphysics of actuality and science of first causes.5 Caputo's conclusion is that one cannot accept Heidegger's criteria of S eindenken and think that Aquinas meets them.6 But a Gilsonian might humbly take Caputo's correction and still feel constrained to note that if the issue is being in the sense of presencing, then another portion of Aquinas's philosophical doctrine becomes relevant, viz., Aquinas's elaboration of the mechanics of cognition. In sum, things are present to us insofar as our form has been informed by their forms. Formal reception of form allows us to become the really other without loss to ourselves. We are then sufficiently actuated to cause the presence of the real as the term of our cognitional activity.7 a Ibid., p. 200. ' Ibid., p. 201. s Ibid., p. 209. 6 Ibid. 7 " ••• knowing beings are distinguished from non-knowing beings in that the latter possess only their own form ; whereas the knowing being is naturally adapted to have also the form of some other thing, for the species of the thing known is in the knower. Hence, it is manifest that the nature of a non-knowing being is more contracted and limited; whereas the nature of a knowing being has a greater amplitude and extension. That is why the Philosopher says that the soul is in a sense all things." Thomas Aquinas, ST I, 14, 2c, ed. Anton Pegis, The Basic Writings of St. Thomas Aquinas (New York: Random House, 1945), Vol. I, p. 136. On the Aristotelian background, see Joseph Owens, " Aristotelian Soul as Cognitive of Sensibles, Intelligibles and Self," Aristotle: The Collected Papers of Joseph Owens, ed. John R. Catan (Albany: State University of New York Press, 1981), pp. 81-98. A GILSONIAN REPLY TO HEIDEGGER 417 Once more, however, I believe that we have philosophers speaking past each other. For Heidegger believes that presencing requires an understanding of being as an a priori condition. Many texts to this effect exist. One of the most striking is from Heidegger's The Basic Problems of Phenomenology (1927). I would like to quote it at length. In... (shrink)

A few years ago, Peter Benson argued that unless claims in corrective justice are grounded on an independent, non‐distributive measure of entitlement, corrective justice collapses into distributive justice. More recently, Stephen Perry argued that the autonomy of corrective justice can be secured with something more modest, namely a free‐standing conception of harm. I argue, first, that Perry's account is closer to Benson's than we might at first think, and, second, that implicit in each is a view that we ought to (...) reject, namely that corrective justice can be autonomous only if there are rights or entitlements which the law does not confer but must, on pain of injustice, protect. In conclusion I defend the view that corrective justice takes as found the positive law's measure of those interests that merit protection in individuals' interactions with others, and explain what, on this account, is meant by holding that corrective justice is autonomous. (shrink)

We discuss the multiple pass interferometer setup proposed by Unruh, and clarify some of the fundamental issues linked with complementarity. We explicitly state all mathematical instructions for manipulating the quantum amplitudes and assessing the probability distribution functions. In this respect we show that certain purely math logical limitations (requirement for consistency) prevent one to argue that there is one-to-one corespondence between paths 1 and 2 and the exit gates 10 and 9 ("which way" interpretation), and at the same time insist (...) on pure state density matrix, i. e. existent nonmeasured interference in the second building block of Unruh's interferometer. Furthermore one cannot even argue that Unruh's setup is described by mixed density matrix that keeps the one-to-one correspondence between the paths 1 and 2 and the exit gates. This last claim is mathematically consistent, however is experimentally disprovable - because one may potentially distinguish mixed quantum state from pure quantum state. One just lets the two beams captured at the exit gates cross each other. If interference can be observed the two exit gates were coherent and provide beams in pure state (superposition), while if interference cannot be observed, the state of the exit gates was mixed one. Since the captured beams at the exit gates in Unruh's experiment could interfere this implies that the whole setup is characterized with pure state density matrix and does not preserve the one-to-one correspondence between the entry points and exit gates, even in case where the destructive interference in arm 5 of the interferometer is not measured. Therefore the correct (experimentally plausible and mathematically consistent) exposition of complementarity introduced by Georgiev in 2004 is that Unruh's setup is characterized by pure state density matrix and does not keep the suggested by Unruh one-to-one correspondence. As an appendix is shown the equivalence between Unruh's setup and Afshar's setup and correct analysis of Afshar's experiment is also provided. (shrink)

This article gives an overview of 4 important lacunae in political liberalism and identifies, in a preliminary fashion, some trends in the literature that can come in for support in filling these blind spots, which prevent political liberalism from a correct assessment of the diverse nature of religious claims. Political liberalism operates with implicit assumptions about religious actors being either ‘liberal’ or ‘fundamentalist’ and ignores a third, in-between group, namely traditionalist religious actors and their claims. After having explained what makes (...) traditionalist religious actors different from liberal and fundamentalist religious actors, the author develops 4 areas in which political liberalism should be pushed further theoretically in order to correctly theorize the challenge which traditional religious actors pose to liberal democracy. These 4 areas are: the context of translation; the politics of exemptions; the multivocality of theology; and the transnational nature of norm-contestation. (shrink)

This article investigates how Causal Contextualism applies in a medical context. It is shown how the correct interpretation of some medical causal claims depends on relevant alternatives and then argued that these relevant alternatives are determined by standards of practice and practical limitations (of equipment, personnel, expertise, cost), amongst other factors. Causal Contextualism has recently been defended by a number of philosophers; however details of the relevant factors determining content in different contexts have been lacking. It seems to me that (...) establishing such details of Causal Contextualism goes a long way towards making the view plausible, and is also necessary for discovering some important consequences of Causal Contextualism. (shrink)

The exponential rise in transgender self-identification invites consideration of what constitutes an ethical response to transgender individuals’ claims about how best to promote their well-being. In this paper, we argue that ‘accepting’ a claim to medical transitioning in order to promote well-being would be in the person’s best interests iff at the point of request the individual is correct in their self-diagnosis as transgender (i.e., the distress felt to reside in the body does not result from another psychological and/or (...) societal problem) such that the medical interventions they are seeking will help them to realise their preferences. If we cannot assume this—and we suggest that we have reasonable grounds to question an unqualified acceptance in some cases—then ‘acceptance’ potentially works against best interests. We propose a distinction between ‘acceptance’ and respectful, in-depth exploration of an individual’s claims about what promotes their well-being. We discuss the ethical relevance of the unconscious mind to considerations of autonomy and consent in working with transgender individuals. An inquisitive stance, we suggest, supports autonomous choice about how to realise an embodied form that sustains well-being by allowing the individual to consider both conscious and unconscious factors shaping wishes and values, hence choices. (shrink)

In this paper I argue against Sober's claim that natural selection does not explain the traits of individuals. Sober argues that natural selection only explains the distribution of traits in a population. My point is that the explanation of an individual's traits involves us in a description of the individual's ancestry, and in an explanation of the distribution of traits in that ancestral population. Thus Sober is wrong, natural selection is part of the explanation of the traits of individuals.

As understood today, political correctness aims at preventing social discrimination by curtailing offensive speech and behaviour towards underprivileged groups of individuals. The core proponents of political correctness often draw on post-modernism and critical theory and are notorious for their scepticism about objective truth and scientific rationality. Conversely, the critics of post-modern political correctness uphold Enlightenment liberal principles of scientific reasoning, rational truth-seeking and open discourse against claims of relativism and oppression. Yet, both the post-modern proponents and their (...) Enlightenment liberal critics make up two sides of the same phenomenon of political correctness. Both sides intend to protect a liberal value system from illiberal truth-claims, which is the function of politically correct regulation. While post-modern advocates attempt to promote liberating tolerance, Enlightenment liberals place liberal values above the open-ended search for truth. Despite appearances to the contrary, this socio-academic debate is not about two sides favouring and opposing political correctness. In fact, it is a debate about the type of politically correct regulation that can better guard liberal values. (shrink)

Robert Alexy defines law as including a claim to moral correctness and demonstrating social efficacy. This paper argues that law's social efficacy is not merely an observable fact but is undergirded by moral commitments by rulers that it is possible for their subjects to follow the rules, that the rulers and others will also follow the rules, that subjects will be protected from violence if they act in accordance with the rules, and that subjects will be entitled to (...) legal redress if others act violently towards them otherwise than in accordance with the rules. Alexy is correct in his conclusion that a system of norms that is not by and large socially efficacious is not a valid legal system, but wrong insofar as he follows legal positivism in distinguishing this aspect of law's validity from law's claim to moral correctness. (shrink)

In this paper, we contrast the different ways in which the representationalist and the attitudinalist in the theory of emotions account for the fact that emotions have evaluative correctness conditions. We argue that the attitudinalist has the resources to defend her view against recent attacks from the representationalist. To this end, we elaborate on the idea that emotional attitudes have a rich profile and explain how it supports the claim that these attitudes generate the wished-for evaluative correctness (...) conditions. Our argument rests on the idea that emotional attitudes manifest a sensitivity to evaluative evidence and that this sensitivity secures the kind of normativity we expect of the emotions. We bring our discussion to a close by assessing whether the psychological underpinnings of this sensitivity to evaluative evidence are such as to threaten the foundation of attitudinalism: the idea that emotions do not represent values. Given the available models of how we might access values prior to emotional experience, we conclude that the attitudinalist is still in the game. (shrink)

In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of (...) law's moral claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

In the January 2020 issue of this journal, Rory Misiewicz penned an excellent review of Brandon Daniel-Hughes's book. His one complaint is that Daniel-Hughes appeals to my theory that the Ultimate is "entirely indeterminate and absolute nothingness that contextualizes all things." This he claims to be inconsistent with Peirce. I do not want to defend Daniel-Hughes's use of my idea, although I surely congratulate him. I do want to correct Misiewicz's understanding of it, however.My idea is that all thought is (...) determinate, at least in part, and is therefore consequent to its creation. I give long, convoluted, but utterly persuasive arguments that the existence of any determinate things is the... (shrink)

I reply to Mills's critique of my effort to show the relevance of Rawls's theory of justice for thinking about and responding to racial injustices. Contrary to Mills's claims, my suggestion that the fair equality of opportunity principle can remedy socioeconomic disadvantages caused by the legacy of racial oppression is compatible with Rawls's framework, does not conflate distributive justice with corrective justice, and does not confuse racial injustice with economic injustice. I also raise doubts about Mills's project to radically reconstruct (...) contractarian political philosophy. He seeks to displace ideal theory with nonideal theory by foregrounding the realities of past racial domination. Against this approach, I argue that an ideal theory that abstracts away from these realities is not inherently ideological, useless for corrective justice, or too ideal to guide social reform. And I defend the view that ideal theory is indispensible for nonideal theorizing about racial justice. (shrink)

Several legal philosophers have argued that the principle of corrective justice provides the best explanation of various areas of the law—especially the law of torts. On the other hand, some philosophers of law and many economists of law have argued that the principle of corrective justice is not an independent principle of justice. I call this the problem of dependency. If the critics are right, the principle of corrective justice cannot be an explanation of a large area of our law (...) as it claims to be.I argue that the increasingly complex forms of the problem of dependency that the critics have proposed lose their force once we have a better understanding of the principle of corrective justice and its relationships with other principles. The principle of corrective justice does not serve a conception of distributive justice or efficiency and can provide an explanation of a large area of our law despite the criticism. It does so independently as a principle of justice that is reflected in our legal practice. (shrink)

REC, or the radical enactive/embodied view of cognition makes a crucial distinction between basic and content-involving cognition. This paper clarifies REC’s views on basic and content-involving cognition, and their relation by replying to a recent criticism claiming that REC is refuted by evidence on affordance perception. It shows how a correct understanding of how basic and contentless cognition relate allows to see how REC can accommodate this evidence, and thus can afford affordance perception.

In lieu of an abstract, here is a brief excerpt of the content:Response to Chloë TaylorLadelle McWhorterAs Chloë Taylor notes, Racism and Sexual Oppression in Anglo-America puts forth a genealogy of race and racism. It also contains fragments of genealogies of intelligence, disability, family values, and a few other concepts and practices that were hugely influential in the twentieth century and have been since. In addition, it presents a certain conception and experience of abnormality and of sexuality in relation to (...) all of the above. But the book does not present a theory of racism or of sexual oppression or of both together. There are important differences between theorizing and the practice of genealogy, at least in the way that I understand the two, and that difference makes a difference in the book’s structure and aims.When I began my graduate education in the early 1980s, feminists were producing compelling critiques of regimes of knowledge and techniques of knowledge production that claimed legitimacy through detachment, dispassionate observation, and objectivity.1 Theory was a not infrequent target of those feminist critiques. Theory (from the Greek theoria, as Heidegger reminds us) is about seeing (not, for example, touching or feeling), and theorizing is typically about representing with accuracy and thoroughness what non-theorists see only incompletely, if at all. Theory, therefore, seeks to correct distortions as it captures reality under concepts.2 Theory also aims to be unitary and exclusive. And theories compete with each other; no matter how many theories there are, only one can possibly be true.By contrast, genealogy is not detached or dispassionate; on the contrary, one takes up genealogy precisely because one feels a need to change something—including something in or about oneself. One takes up genealogy, Michel Foucault maintains, in order to “free thought from what it silently [End Page 216] thinks,” to “enable it to think differently,”3 to get free of oneself as one has been constituted in a certain milieu. Genealogy is concerned with accuracy of representation, therefore, to the extent that detail, facts, and logical plausibility make a narrative more compelling, more moving, more potent—to that extent, and no further; it does not employ scholarly observation and insight to get at “the truth.” A good genealogy constructs a new way of seeing and experiencing that may well disturb a given regime of truth and may make possible the generation of new truths or perhaps new habits of thought and action, but it does not purport to be final or exclusive. It problematizes habitual practices and ways of seeing and, thus, it opens toward indefinite possibilities. My book is genealogical; it promotes no theories. I emphasize this, because I want to insist on the book’s hospitability to the extension of its analyses beyond its covers and to its own (self-)overcoming.Racism and Sexual Oppression in Anglo-America presents some genealogies, then, but it is not only a collection of genealogies. It is explicitly framed by a set of contemporary political and ethical contingencies, some of which it identifies as problems, and it considers what to do in response to them. Its genealogies are undertaken and constructed in the context of grappling with those questions, a featured one of which is this: Can we find enough common ground to make common cause between antiracism and anti-heterosexism activists?In the course of tracing a genealogy of twentieth-century racism, I found quite a bit of common ground between racial minorities and nonhetero-sexual people in the United States. So, in addition to my genealogies, I offered some (admittedly perhaps heavy-handed) advice to antiracism and anti-heterosexism activists, namely: Not only is there ground for common cause, but you ignore this ground at your peril, because there is not a lot of other ground for you to stand on; if you do not acknowledge this common history and the strong connections among the forces that oppress your group and those that oppress these other groups, you will have to deny much of your own history and obscure many of the sources of your own oppression. I did not issue the same advice to disability activists or environmentalists, although they might do well to consider it too. I singled... (shrink)

Beginning the nineteenth-century and continuing down to the present, many authors writing on the history of geology and paleontology have attributed the theory that fossils were inorganic formations produced within the earth, rather than by the deposition of living organisms, to the ancient Greeks and Romans. Some have even gone so far as to claim this was the consensus view in the classical period up through the Middle Ages. In fact, such a notion was entirely foreign to ancient and (...) medieval thought and only appeared within the manifold of ‘Renaissance episteme,’ the characteristics of which have often been projected backwards by some historians onto earlier periods. This paper endeavors to correct this error, explain the development of the Renaissance view, describe certain ancient precedents thereof, and trace the history of the misinterpretation in the literature. -/- . (shrink)

The development of collective beliefs via informational and reputational cascades represents a way of shortcircuiting the difficulties related to the collective action of ‘latent groups’ to ensure the promotion of their particular interests. This essay focuses on the protection of consumers, whose quality of the life has never been so high, despite the prevalence of hazardous products.Rationally ignorant individuals form their opinions by conforming to those of others; this can take two forms, either by consolidating their personal judgement or their (...) private information, or by pure conformist behaviour. It may even be that such individuals rarely hesitate, if necessary, to admit beliefs that they do not actually hold in order to avoid being ostracised by others. ‘Latent groups’ activists manipulate the process of formation of beliefs in order to bring about a predominant opinion on any given issue. Armed with the asset of the prevailing opinion, pressure can be exerted upon politicians in view of obtaining regulations and subsidies which would protect the ‘latent group’ of which they claim to be the representatives.This is the new face of collective action where the “politically correct” replaces physical violence or the strike. This way of shaping public opinion could have a beneficial outcome if it were not founded on erroneous information or led to a violation of individual rights due to regulation. However, this not the case. The very leitmotif of this method is, in fact, to bring about regulation which, by definition, violates private lives. In any case, it is dangerous because the manipulation of public opinion by these activists implies an intensive use of rhetoric, distorting the perception of risk, which in turn involves the circulation of misleading information in order to create a cascade modifying public opinion in favor of the proposed regulation, rather than informing the public on the potential risks and letting them insure freely against it if they judge to do so. But for the activist the end justifies the means. Thus, this manipulation of public opinion is a danger to the notion of modern democracy, already so sensitive to the pertaining to the majority.La formation des croyances par le biais des cascades d’information et de réputation est un moyen de courtcircuiter les difficultés liées à l’action collective des groupes latents pour assurer la promotion de leurs intérêts particuliers. Dans le cadre de cet essai est analysée la protection des consommateurs, dont la valeur de la vie est élevée, contre les produits à risque.Les individus rationnellement ignorants forment leurs opinions en se conformant aux croyances des autres, soit pour conforter leur jugement personnel ou leurs informations privées, soit par conformisme pur. Il se peut même que les individus n’hésitent pas, s’il le faut, à afficher de fausses croyances, pour ne pas être frappés d’ostracisme par les autres.Les activistes des “groupes latents” manipulent le processus de formation des croyances pour faire émerger une opinion majoritaire sur un problème spécifique. Grâce à cette opinion majoritaire ils vont pouvoir faire pression auprès des hommes politiques pour obtenir une réglementation et des subventions à leur propre profit dans le but de protéger le “groupe latent” dont ils prétendent être les représentants. Ce sont les nouvelles formes d’action collective où le politiquement correct remplace la violence physique ou le piquet de grève.Cette façon de former l’opinion publique pourrait avoir des conséquences bénéfiques si elle n’était pas fondée sur des informations erronées et si elle n’aboutissait pas à une violation des droits individuels par la réglementation. Or ce n’est pas le cas. Elle est faite justement pour faire émerger une réglementation qui par définition viole la vie privée des gens. Par ailleurs, elle est dangereuse parce que la manipulation de l’opinion publique par ces activistes implique un usage intensif de figures de rhétorique, de biais dans la perception des risques, de diffusion de fausses informations dans le but d’enclencher une cascade qui va modifier l’opinion publique en faveur de la réglementation et non pas dans le but d’éclairer le public sur les véritables risques encourus, la fin justifiant les moyens.Cette manipulation des croyances est alors un danger pour la démocratie politique contemporaine déjà si sensible à l’opinion majoritaire. (shrink)

This piece discusses the account of contested territories and of corrective justice Moore offers in A Political Theory of Territory. In Chapter 6, Moore offers an occupancy account of boundary-drawing. My discussion focuses on the status of Moore's occupancy account compared to the statist and nationalist accounts it aims to replace. Specifically, I consider whether these other accounts are as unsuccessful as Moore suggests, and whether Moore's account is as distinct from these accounts as she suggests. In Chapter 7, Moore (...) offers a distinction between three different types of rights violations involved in the unjust taking of territory, and considers potential remedies for each. My discussion focuses on the arguments Moore offers to justify the presence or absence of certain remedies, in particular the right of return and the redistribution of land. I conclude that the territorial claims of historically wronged groups are too quickly dismissed, and I suggest that this is problematic from the point of view of Moore's own account. (shrink)