Even to disagree, we need to understand each other. If I reject what you say without understanding you, we will only have the illusion of a disagreement. You will be asserting one thing and I will be denying another. Even to disagree, we need some agreement.

Philosophers almost universally believe that concepts of supervenience fail to satisfy the standards for physicalism because they offer mere property correlations that are left unexplained. They are thus compatible with non-physicalist accounts of those relations. Moreover, many philosophers not only prefer some kind of functional-role theory as a physically acceptable account of mind-body and other inter-level relations, but they use it as a form of “superdupervenience” to explain supervenience in a physically acceptable way. But I reject a central part of (...) this common narrative. I argue that functional-role theories fail by the same standards for physicalism because they merely state without explaining how a physical property plays or occupies a functional role. They are thus compatible with non-physicalist accounts of that role-occupying relation. I also argue that one cannot redeploy functional-role theory at a deeper level to explain role occupation, specifically by iterating the role-occupant scheme. Instead, one must use part-whole structural and mechanistic explanations that differ from functional-role theory in important ways. These explanations represent a form of “superduperfunctionalism” that stand to functional-role theory as concepts of superdupervenience stand to concepts of supervenience. (shrink)

The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...) correct application of legal language may be diverse), and the importance of vagueness. (shrink)

The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox. I discuss the paradox, and claim that it poses problems for some legal theorists (David Lyons, Hans Kelsen, and, especially, Ronald Dworkin). I propose that a good account of vagueness will have three consequences for legal theory: (i) Theories that deny that vagueness in (...) formulations of the law leads to discretion in adjudication (including Dworkin's) cannot accommodate “higher-order” vagueness, (ii) A legal theory should accept that the law is partly indeterminate when it can be stated in vague language, (iii) However, the traditional formulation of the indeterminacy claim, that a vague statement is “neither true nor false” in a borderline case, is misconceived and should be abandoned. (shrink)

A state is sovereign if it has complete power within a political community, and complete independence. It may seem that the idea of sovereignty is objectionable because of two moral principles, or incoherent because of a paradox. The paradox is that a sovereign state must be capable of binding itself and must also be incapable of binding itself. The moral principles are that no state can justly exercise complete power internally, or complete independence (since complete independence would imply freedom from (...) norms of ius cogens, and from interference with mass atrocities by the state). Through an analogy with human autonomy, I argue that the paradox is only apparent, and that the moral principles are compatible with state sovereignty. So the idea of sovereignty is a coherent idea, and sovereignty, rightly understood, is a valuable feature of states in international law. Sovereignty is to be understood as internal power and external freedom that are complete for the purposes of a good state. (shrink)

In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law? The problem has long concerned philosophers of law; the papers at this symposium address it afresh by asking what legal (...) theory may have to learn from (or contribute to) work on vagueness in philosophy of language and philosophy of logic. Here I will not try to state the implications of vagueness for philosophy of law; I will try to set the stage by showing that vagueness is both an important and an unavoidable feature of law. (shrink)

I critically evaluate the influential new wave account of theory reduction in science developed by Paul Churchland and Clifford Hooker. First, I cast doubt on claims that the new wave account enjoys a number of theoretical virtues over its competitors, such as the ability to represent how false theories are reduced by true theories. Second, I argue that the genuinely novel claim that a corrected theory must be specified entirely by terms from the basic reducing theory is in fact too (...) restrictive for scientific practice and should be rejected. Basic theories co-evolve with nonbasic theories in a mutually interactive way, and thus the basic theories incorporate the concepts and concerns of nonbasic theories. Third, I show that once its ontological consequences are duly noted, the reductive part the new wave account collapses into the classical theory developed within the logical empiricist tradition. As such, it still falls prey to standard anti-reductionist argument based upon multiple realizability and the cross-classification of special science and physical science terms. (shrink)

No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But I (...) ask what counts as a 'deficit' in the rule of law, and I argue that none of these features of legal practice necessarily amounts to a deficit. I conclude that communities fail to achieve the rule of law only because of official infidelity to law, and the failure of lawmakers to pursue the ideal (or their decision not to pursue it). The rule of law is not necessarily unattainable. (shrink)

We address a recent proposal concerning ‘surplus structure’ due to Nguyen et al.. We argue that the sense of ‘surplus structure’ captured by their formal criterion is importantly different from—and in a sense, opposite to—another sense of ‘surplus structure’ used by philosophers. We argue that minimizing structure in one sense is generally incompatible with minimizing structure in the other sense. We then show how these distinctions bear on Nguyen et al.’s arguments about Yang-Mills theory and on the hole argument.

Preface to a Symposium on Vagueness and Law at Columbia University Law School on September 24 and 25, 1999. The purpose of the seminar was to provide an opportunity for philosophers of law, philosophers of language, and philosophers of logic to discuss problems about vagueness that are currently under debate in all three areas.

Suppose that you are wandering across the tundra, and you find an infant, all alone, in the snow. She is incapable of discourse, and yet she has the same human rights as anyone who is capable of discourse. Those rights do not depend on the practices or conventions of your people, or hers. Human discourse and human conventions play no role in human rights. I elaborate these claims through a critique of J.W. Harris’s groundbreaking analytical account of human rights. I (...) conclude that some welfare rights are paradigms of human rights, while rights of freedom of expression, privacy, and assembly, and rights to vote, and rights to independent tribunals are not human rights at all, except in a distantly metaphorical sense. Moreover, human rights can be explained with no reference at all to state authorities (though state authorities may have various special roles in observing and promoting some of them). (shrink)

The meaning of a word is given by a customary rule for its use. I defend that claim and explain its implications by a comparison with customary rules in law. I address two problems about customary rules: first, how can the mere facts of social practice yield a norm? Secondly, how can we explain disagreement about the requirements of a custom, if those requirements are determined by the shared practice of the participants in a community? These problems can be resolved (...) in a way that illuminates customary rules, and helps to explain the relation between the meaning of a word and the customary rule for its use. The meaning of a word is the usefulness that it has because of the customary rule for its use. (shrink)

I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the law maker. The idea that authentic interpretation is interpretation by the law maker united the Roman Emperors Constantine and Justinian with Bracton, Aquinas, King James I of England, Hobbes, and Bentham. Already in the early (...) 17th century, a new modern approach was emerging in England. The modern approach separates the interpretive power from the legislative power, and allocates the interpretive power to an independent court. I will argue that there are some cogent, general considerations in favour of the modern approach. But it is worth identifying the elements of good sense that made it seem that the interpretive power ought to be reserved for the law maker. And it is worth identifying the drawbacks in the modern approach; they are relevant to the complex question of how judges ought to interpret. (shrink)

This highly original and compelling book offers an introduction to the art and science of social inquiry, including the theoretical and methodological frameworks that support that inquiry.

Coall & Hertwig (C&H) demonstrate the importance of grandparents to children, even in low fertility societies. We suggest policy-makers interested in reproductive timing in such contexts should be alerted to the practical applications of this cooperative breeding framework. The presence or absence of a supportive kin network could help explain why some women begin their reproductive careers or.

Functional reduction follows two familiar steps: a definition of a higher-level or special science property in terms of a functional role, then a statement describing a physical property that plays or occupies that role. But Kim (2005) adds a third step, namely, an explanation regarding how the physical property occupies the functional role. I think Kim is correct. But how is the third step satisfied? An examination of the pertinent scientific explanations reveals that the third step is best satisfied by (...) a multiple-subject, part-whole explanation, which is to say, a decomposition of the occupier’s causal capacities or relations. This is true even in cases wherein role and occupant properties are identical, for an occupier’s causal capacities are always underwritten by a part-whole explanation. As a consequence, functional reduction is transformed into a larger picture that at bottom always contains multiple layers of distinct, nonidentical properties that divide between parts and their whole systems. I call it “Part-Based Functional Reduction.” My aim is to develop this larger picture of reduction. (shrink)

I use Carl Gillett’s much heralded dimensioned theory of realization as a platform to develop a plausible part–whole theory. I begin with some basic desiderata for a theory of realization that its key terms should be defined and that it should be explanatory. I then argue that Gillett’s original theory violates these conditions because its explanatory force rests upon an unspecified “in virtue of” relation. I then examine Gillett’s later version that appeals instead to theoretical terms tied to “mechanisms.” Yet (...) I argue that it too violates the desiderata, since it defines realization for mechanisms in terms of two undefined ideas whose explanatory credentials have not been established—“implementation” and “grounds.” Thus I drop those ideas in favor of an explicit constraint that the parts and properties provide a mechanistic explanation. I also distinguish a special mechanistic theory from a preferred general theory that incorporates other kinds of part–whole explanations that target causal powers or capacities. The result is a theory that has the explanatory virtues of mechanistic theories as well as a broader scope desired by Gillett. I also compare the result to a similar idea from Robert Cummins that has been neglected in recent discussions of realization, namely, his general property analysis rather than his functional analysis. Finally, I defend the preferred general theory against possible objections that attempt to show a conflict between metaphysical demands on a theory of realization versus facts about good scientific explanation. (shrink)

The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...) correct application of legal language may be diverse), and the importance of vagueness. (shrink)

In the field of clinical practice, there does not seem to be too much contention about what schizophrenia is, at least from a high level. After all, there are various diagnostic systems and guidelines, all of which point toward schizophrenia as a psychotic syndrome which likely forms a continuum with other psychotic disorders. It may sound obvious that, according to the current definitions, the major commonality between schizophrenia and all other psychoses is psychotic symptoms; more precisely, delusions and hallucinations. Any (...) description, or ‘phenomenology’ as most clinicians view it, can be found in these diagnostic manuals. However, is there anything at all that sets schizophrenia apart from the other... (shrink)

It can be compatible with justice and the rule of law for a court to impose new legal liabilities retrospectively on a defendant. But judges do not need to distinguish between imposing a new liability, and giving effect to a liability that the defendant had at the time of the events in dispute. The distinction is to be drawn by asking which of the court's reasons for decision the institutions of the legal system had already committed the courts to act (...) upon, before the time of decision. I explain these conclusions through an assessment of the last episode in the debate between H.L.A.Hart and Ronald Dworkin. (shrink)

In his book, _Interpretation without Truth_, Pierluigi Chiassoni articulates the sceptical view that the province of legal interpretation is ‘a province without truth’. A misinterpretation is a false interpretation, and I argue that the widespread phenomenon of legal misinterpretation gives us reason to resist the sceptical conclusion. The potential for a legal interpretation to be a false interpretation –a misinterpretation– implies that a legal interpretation can be true. And legal misinterpretations can be understood as interpretations (and not as the product (...) of some activity other than interpretation) because of the grain of truth in the arguments for them. (shrink)

Multiple realizability is a key issue in debates over the nature of mind and reduction in the sciences. The subject consists of two parts:.

Inner speech is commonly understood as the conscious experience of a voice within the mind. One recurrent theme in the scientific literature is that the phenomenon involves a representation of overt speech, for example, a representation of phonetic properties that result from a copy of speech instructions that were ultimately suppressed. I propose a larger picture that involves some embodied objects and their misperception. I call it “the Body Error Theory,” or BET for short. BET is a form of illusionism, (...) but the particular version I favor is a cross-modal illusion. Newly described here, my hypothesis is that the experience of inner speech arises from a mix of interoception and audition. Specifically, there is the detection of slight but well-confirmed activities in the speech musculature that occur during inner speech, which helps to transform representations of normal but quiet nonverbal sounds that inevitably occur during inner speech, from breathing to background noise, into a mistaken perception of inner speech. Simply put, activities in the speech musculature mix with sounds to create the appearance of speech sounds, which thus explains the “voice within the mind.” I also show how BET’s cross-modal system fits with standard information processing accounts for speech monitoring and how it accommodates the central insights of leading theories of inner speech. In addition, I show how BET is supported by data from experience-sampling surveys and how it can be empirically tested against its rivals. (shrink)

I critically evaluate Bickle’s version of scientific theory reduction. I press three main points. First, a small point, Bickle modifies the new wave account of reduction developed by Paul Churchland and Clifford Hooker by treating theories as set-theoretic structures. But that structuralist gloss seems to lose what was distinctive about the Churchland-Hooker account, namely, that a corrected theory must be specified entirely by terms and concepts drawn from the basic reducing theory. Set-theoretic structures are not terms or concepts but the (...) structures that they describe. Second, and more serious, a familiar problem for classical positivist account of reduction resurfaces within this newest wave of thinking, namely, commitment to property identities and inter-theoretic bridge laws (a problem I discussed at more length in "Collapse of the New Wave"). Indeed, this problem is exacerbated by Bickle’s conciliatory treatment of property plasticity, since he is willing to grant that a large number of special science terms denote multiply realized properties, at least if realistically construed. Still, in the end, Bickle sidesteps the reduction of properties by appealing to Hooker’s "function-to-structure token reduction." This is an interesting move with an intriguing concept of reduction. But problems remain. For, third, Bickle and Hooker's function-to-structure token reduction is actually a guised form of eliminative materialism. But that should be unacceptable since the position extends well beyond any modest revisionism for suspect items from a folk theory, say, in folk psychology or folk biology. Instead, it applies to functional terms and concepts employed throughout well-developed and explanatorily successful sciences. (shrink)

People can be autonomous, if they are subject to authority. In particular, they can be autonomous if they are subject to the authority of law. I defend the first claim through a study of Joseph Raz's compelling account of authority; I claim that his work leads to the conclusion that autonomous judgment is needed to determine the jurisdiction of an authority, and to interpret its directives. I defend the second claim by arguing that law does not claim unlimited jurisdiction, and (...) need not claim unlimited scope for its directives. But the requirements of the rule of law create a standing risk that the law will not adequately recognize the autonomy of its subjects, because of its artificial techniques for controlling its own jurisdiction and for controlling the scope of its own directives. (shrink)

In light of the phenomenon of multiple realizability, many philosophers wanted to preserve the mind-brain identity theory by resorting to a “narrow reductive strategy” whereby one (a) finds mental properties which are (b) sufficiently narrow to avoid the phenomenon of multiple realization, while being (c) explanatorily adequate to the demands of psychological theorizing. That is, one replaces the conception of a mental property as more general feature of cognitive systems with many less general properties, for example, replacing the conception of (...) pain as a general property across different species with a number of species-specific kinds of pain. Many critics focused on (c), arguing that species-specific properties are not explanatorily adequate because they do not capture what is common in pain across species. In this paper I focused on (b). I argued that if one carries the narrow reductive strategy out in such a way to avoid all multiple realizability that occurs within a species, for example, accommodating individual differences by postulating a more narrow pain-relative-to-an-individual-at-a-time, then the result is for all intents and purposes a claim about tokens and not types or properties at all (the position is now about individuals having properties at times, a structured token event). I also added an important point about explanation, viz., that properties-relative-to-individuals-at-times would not serve the explanatory goals of science by failing to generalize to other individuals. (shrink)

Some scientists and philosophers claimed that there is a converse to multiple realizability. While a given higher-level property can be realized by different lower-level properties (multiple realizability), a given lower-level property can in turn serve to realize different higher-level properties (this converse I dubbed the unfortunately obscure "constructival plasticity" to emphasize the constructive metaphysics involved in this converse to multiple realizability). I began by defining multiple realizabilty in a formal way. (Looking back, one point of interest is that I defined (...) modally weak and strong versions of realization, which is relevant to later views about contingent versus necessitarian grounding.) I then turned to the relation in question. By my analysis, for the converse claim to be true, a lower-level property G1 that realizes a higher-level F must be taken in conjunction with some other base condition G2 so that a difference in G2 allows G1 to determine some other higher-level property E but not F (otherwise there would be violations of supervenience). The realization law thus has the form: (G1 & G2) => F. As such, the base property G1 is insufficient by itself to produce F. It is an insufficient but necessary part of a sufficient condition. I also point out that this makes the realization base property an INUS condition, if combined with multiple realizability. Specifically, if F is multiply realized by properties other than the pair G1 and G2, then G1 is an insufficient but necessary part of an unnecessary but sufficient condition. This is just the first clear and explicit INUS condition view of realization in the literature. Looking back, this converse is also relevant to later views, such as Robert Wilson's view about metaphysically contextual realization. (shrink)

Work-integrated learning is an educational approach that aims to support students’ integration of theory to practice. These rich learning opportunities provide students with real-world experiences and introduce practice and ethical situations that help consolidate and bridge their knowledge and skill. Academic integrity has been defined as the ongoing commitment to values that are consistent with ethical practice: honesty, trust, fairness, respect, responsibility, and courage. It is important to understand what specifically influences students’ intentions to behave with integrity in WIL settings. (...) This paper reports on one study that explored predictors to students’ intentions to behave with integrity across three different WIL settings in their upper years of studies. The findings and recommendations from the research may help to inform other professional programs that include WIL through their educational offerings. (shrink)

Moral premises are required in sound reasoning to the conclusion that a community does or does not (more or less) attain the rule of law. Those moral premises include, for example, the principle that judges should act with comity toward executive agencies. A failure in that moral requirement of comity is a failure to attain the rule of law. Because the ideal of the rule of law necessarily has a moral content, there is a necessary connection between law and morality– (...) albeit a modest connection that is compatible with deep moral defects in the law. (shrink)

Widespread, deep controversy as to the content of the law of a community is compatible with the view that the law is a system of rules. I defend that view through a critique of Ronald Dworkin's discussion of Riggs v. Palmer 22 N.E. 188. Dworkin raised an important challenge for jurisprudence: to account for the fact that legal rights and duties are frequently controversial. I offer an explanation of the possibility of deep disagreement about the application of social rules, which (...) reconciles controversy as to the content of the law, with the model of a legal system as a system of rules. And I discuss the implications for understanding the role of judicial discretion in law. (shrink)

Where the law protects human rights, the executive branch of government does well if it complies with the law, and goes wrong if it does not comply. And then you may think that the paradigmatic fun...

This study looked for evidence of biases in the allocation and disengagement of attention in dysphoric individuals. Participants studied images for a recognition memory test while their eye fixations were tracked and recorded. Four image types were presented (depression-related, anxiety-related, positive, neutral) in each of two study conditions. For the simultaneous study condition, four images (one of each type) were presented simultaneously for 10 seconds, and the number of fixations and the total fixation time to each image was measured, similar (...) to the procedure used by Eizenman et al. (2003) and Kellough, Beevers, Ellis, and Wells (2008). For the sequential study condition, four images (one of each type) were presented consecutively, each for 4 seconds; to measure disengagement of attention an endogenous cuing procedure was used (Posner, 1980). Dysphoric individuals spent significantly less time attending to positive images than non-dysphoric individuals, but there were no group differences in attention to depression-related images. There was also no evidence of a dysphoria-related bias in initial shifts of attention. With respect to the disengagement of attention, dysphoric individuals were slower to disengage their attention from depression-related images. The recognition memory data showed that dysphoric individuals had poorer memory for emotional images, but there was no evidence of a conventional mood-congruent memory bias. Differences in the attentional and memory biases observed in depressed and dysphoric individuals are discussed. (shrink)

No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But I (...) ask what counts as a ‘deficit’ in the rule of law, and I argue that none of these features of legal practice necessarily amounts to a deficit. I conclude that communities fail to achieve the rule of law only because of official infidelity to law, and the failure of lawmakers to pursue the ideal (or their decision not to pursue it). The rule of law is not necessarily unattainable. (shrink)

Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and (...) allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems. (shrink)

The author argues that vagueness in law is typically extravagant, in the sense that it is possible for two competent users of the language, who understand the facts of each case, to take such different views that there is not even any overlap between the cases that each disputant would identify as borderline. Extravagant vagueness is a necessary feature of legal systems. Some philosophers of law and philosophers of language claim that bivalence is a property of statements in the domains (...) that concern them (the domain of law in the former case, the whole domain of meaningful discourse in the latter). The author argues that the bivalence claim should be rejected. In philosophy of law, the motivation underlying the bivalence claim is an urge to assert the principle that the law must be capable of standing against arbitrary use of political power. The challenge – once the bivalence claim is rejected – is to articulate the law's opposition to arbitrariness in a way that is compatible with the possibility of indeterminacy in the application of vague laws. (shrink)

In this article, I give a counterexample to a claim made in that empirically equivalent theories can often be regarded as theoretically equivalent by treating one as having surplus structure, thereby overcoming the problem of underdetermination of theory choice. The case I present is that of Lorentz's ether theory and Einstein's theory of special relativity. I argue that Norton's suggestion that surplus structure is present in Lorentz's theory in the form of the ether state of rest is based on a (...) misunderstanding of the role that the ether plays in Lorentz's theory, and that in general, consideration of the conceptual framework in which a theory is embedded is vital to understanding the relationship between different theories. (shrink)