In these writings by one of our most creative legal philosophers, Meir Dan-Cohen explores the nature of the self and its response to legal commands and mounts a challenge to some prevailing tenets of legal theory and the neighboring moral, political, and economic thought. The result is an insider's critique of liberalism that extends contemporary liberalism's Kantian strand, combining it with postmodernist ideas about the contingent and socially constructed self to build a thoroughly original perspective on some of the most (...) vital concerns of legal and moral theory.Dan-Cohen looks first at the ubiquity of legal coercion and considers its decisive impact on the nature of legal discourse and communication, on law's normative aspirations and claim to obedience, and on the ideal of the rule of law. He moves on to discuss basic values, stressing the preeminence of individual identity and human dignity over the more traditional liberal preoccupations with preference-based choice and experiential harm. Dan-Cohen then focuses more directly on the normative ramifications of the socially constructed self. Fundamental concepts such as responsibility and ownership are reinterpreted to take account of the constitutive role that social practices--particularly law and morality--play in the formation of the self.Throughout, Dan-Cohen draws on a uniquely productive mix of philosophical traditions and subjects, blending the methods of analytic philosophy with the concerns of Continental philosophers to reconceive the self and its relation to ethics and the law. (shrink)

This article develops, illustrates, and defends a conception of immanent critique. Immanent critique is construed as a form of hermeneutical practice and second-order political and normative criticism. The common charge that immanent critique is a form of philosophical conventionalism necessarily committed to value relativism and to the rejection of transcultural and cosmopolitan norms is denied. But immanent critique insists that meaningful and potentially efficacious criticism must be connected to relevant criteria and understandings internal to the culture or social order at (...) which the criticism is directed. The complaint that this demand will likely limit political and moral criticism is also denied, and the ability of immanent critique to develop from convention unconventional thinking is defended and demonstrated. (shrink)

Richard Nisbett and Dov Cohen’s (1996) influential account of “cultures of honor” speculates that honor norms are a socially-adaptive deterrence strategy. This theory has been appealed to by multiple empirically-minded philosophers, and plays an important role in John Doris and Alexandra Plakias’ (2008) antirealist argument from disagreement. In this essay, I raise four objections to the Nisbett-Cohen deterrence thesis, and offer another theory of honor in its place that sees honor as an agonistic normative system regulating prestige competitions. Since my (...) account portrays honor norms as radically different from liberal ones, it actually strengthens Doris and Plakias’ case in some respects: cultures of honor are not merely superficially different from Western liberal ones. Nonetheless, the persistent appeal of honor’s principles, and their moral plausibility in certain contexts, suggests not antirealism, but pluralism—a reply on behalf of realism that itself has considerable empirical support. (shrink)

The leading account of intrinsicality over the last thirty years has arguably been David Lewis's account in terms of perfect naturalness. Lewis's account, however, has three serious problems: i) it cannot allow necessarily coextensive properties to differ in whether they are intrinsic; ii) it falsely classifies non-qualitative properties like being Obama as non-intrinsic; and iii) it is incompatible with a number of metaphysical theories that posit irreducibly non-categorical properties. I argue that, as a result of these problems, Lewis's account should (...) be rejected and replaced with an alternative account, which also analyses intrinsicality in terms of perfect naturalness, but which avoids these problems. (shrink)

While much ink has been spilt over the political importance of speech, much less has been dedicated to the political importance of silence. This article seeks to fill that gap. We propose the need for a robust, democratic right to silence in public life and argue that there are politically salient epistemic reasons for recognising that right. We begin by defining what silence is and what a robust right to silence entails. We then argue that the right to silence offers (...) two politically salient epistemic benefits. The first is that, if the right to silence is maintained, we can avoid the epistemic harm that may be caused when an individual is compelled to lie in public. The second is that the right to silence can protect marginalised individuals against the epistemic injustices that may arise when others are likely to misconstrue their speech. (shrink)

The concept of performance has gradually become established in health policies. Presented as necessary and positive, it is often reduced to efficiency, which results in policies and management styles aimed at optimisation. While they are supposed to guarantee the sustainability of our healthcare systems, these practices have made them fragile. Insights from the life sciences help us understand why. Indeed, biologists observe that living beings do not prioritise optimisation but robustness. To cope with fluctuations, a robust organisation operates with redundancies, (...) apparent waste, heterogeneity, organised fluctuations, slowness, and hesitation. It functions sub‐optimally. This article offers a theoretical reflection and management directions for more robust healthcare systems. (shrink)

Faced with the choice between supporting industrial plant agriculture and hunting, Tom Regan’s rights view can be plausibly developed in a way that permits a form of hunting we call “dignitarian.” To motivate this claim, we begin by showing how the empirical literature on animal deaths in plant agriculture suggests that a non-trivial amount of hunting would not add to animal harm. We discuss how Tom Regan’s miniride principle appears to morally permit hunting in that case, and we address recent (...) objections by Jason Hanna to environmentally-based culling that may be seen to speak against this conclusion. We then turn to dignity, which is especially salient in scenarios where harm is necessary or justifiable. We situate “dignitarian” hunting within a larger framework of adversarial ethics, and argue that dignitarian hunting gives animals a more dignified death than the alternatives endemic to large-scale plant agriculture, and so is permissible based on the kinds of principles that Regan endorses. Indeed, dignitarian hunting may actually fit better with Regan’s widely endorsed animal rights framework than the practice of many vegans, and should only be rejected if we’re just as willing to condemn supporting conventional plant agriculture. (shrink)

Intrinsicality is a central notion in metaphysics that can do important work in many areas of philosophy. It is not widely appreciated, however, that there are in fact a number of different notions of intrinsicality, and that these different notions differ in what work they can do. This paper discusses what these notions are, describes how they are related to each other, and argues that each of them can be analysed in terms of a single notion of intrinsic aboutness that (...) relates states of affairs to the things they are intrinsically about. (shrink)

Reductive, naturalistic psychosemantic theories do not have a good track record when it comes to accommodating the representation of kinds. In this paper, I will suggest a particular teleosemantic strategy to solve this problem, grounded in the neurocomputational details of the cerebral cortex. It is a strategy with some parallels to one that Ruth Millikan has suggested, but to which insufficient attention has been paid. This lack of attention is perhaps due to a lack of appreciation for the severity of (...) the problem, so I begin by explaining why the situation is indeed a dire one. One of the main tasks for a naturalistic psychosemantic theory is to describe how the extensions of mental representations are determined. (Such a theory may also attempt to account for other aspects of the “meaning” of mental representations, if there are any.) Some mental representations, e.g. the concept of water, denote kinds (I shall be assuming this is non-negotiable). How is this possible? Unfortunately, I haven’t the space to canvass all the theories out there and show that each one fails to accommodate the representation of kinds, but I will point out the major types of problems that arise for the kinds of theories that, judging by the literature, are considered viable contenders.1 In general, the theories either attempt and fail to account for the representation of kinds, or they fall back on something like an intention to refer to a kind – not exactly the most auspicious move for a reductive theory. There are a number of problems that prevent non-teleosemantic theories from explaining how it is possible to represent kinds. A concept of a kind K must.. (shrink)

This paper examines the notion of tolerance in education. In general, tolerance is perceived as a means to resist hostility, raise awareness of cultural differences, mitigate violence, and maintain liberal and democratic values. In education, there are various initiatives, such as the International Day for Tolerance (UNESCO in Declaration of principles on tolerance, 1995), that aim to build resilience against different forms of hate and cultivate openness and acceptance of the other. Yet the idea of tolerance includes different understandings and (...) interpretations. This paper argues that cultivating an embodied sense of tolerance among students, in particular in divisive communities, requires us to move beyond deliberative interpretations of tolerance and to advance a pragmatic understanding of tolerance through an agonistic lens. This paper starts with a review of several dominant interpretations of tolerance. The heart of the paper focuses on interpreting Dewey’s pragmatism as a theoretical basis for advancing tolerance. The final part of the paper explores how pragmatism through an agonistic lens can support a more flexible and humane approach to dealing with political conflicts. (shrink)

Summary Kant's critique of corpuscular theory created a tabula rasa situation in natural philosophy and opened up a vast new field of research, particularly related to the study of heat, light, electricity and magnetism. ?rsted introduced Kantian epistemology in Scandinavia and made friends with J. W. Ritter, an outstanding experimenter who was the first to make dynamical philosophy productive. The ?rsted?Ritter partnership aimed at the construction of a cosmology based on dynamical philosophy as well as galvanic interpretations of the Lichtenberg (...) and Chladni patterns. It is suggested that Kantian critique and dynamical cosmology provided the framework within which ?rsted and Ritter made their epochal discoveries as well as their bold speculations. Finally, it is argued that the Romantics widened the scope of natural philosophy itself. (shrink)

This chapter contains section titles: Proper Functions Representations: The Basic Teleosemantic Framework Concepts Externalism, Language, and Meaning Rationalism.

Over the last thirty years there have been a number of attempts to analyse the distinction between intrinsic and extrinsic properties. This article discusses three leading attempts to analyse this distinction that don’t appeal to the notion of nat-uralness: the duplication analysis endorsed by G. E. Moore and David Lewis, Peter Vallentyne’s analysis in terms of contractions of possible worlds, and the analysis of Gene Witmer, William Butchard and Kelly Trogdon in terms of grounding.

This article discusses the “aesthetics of existence” developed by Foucault in the late “ethical” stage of his work, aiming to clarify its complex significance through its relationships with ethics, critique, and, in particular, art as a model of self-invention. The main claims are that aesthetics of existence is a new type of self-formation molded by technologies inspired not only by the ancient ethical self-formation but also by modern art understood as creative self-production; thus, aesthetics of existence is an active form (...) of aesthetic education, in the particular sense of an ontological self-formation. To argue these claims, the author advances a line of analysis alternative to typical readings, which see it as related exclusively to the ancient “art of living” or its modern revival in the Nietzschean project of self-fashioning. The focus is instead on the Baudelairean and Kantian roots of Foucault’s work—modernity as a critical attitude and the transgressive art of the self of the dandy—as keys to understand the reframing by him of the art of living into a modern aesthetics of existence. This appears as a critical-transgressive invention of the self, which could contribute to constituting new subjectivities and alternative norms for the entire social body. (shrink)

There is an obvious, perhaps even trite, argument against getting married which deserves our attention. Reduced to a crude sketch, the argument is simply that, most of us view the prospect of being married in the absence of mutual love with something like horror or at least great antipathy; the mutual love between us and our spouse existing at the inception of our marriage may very well fail to persist; and hence when we marry we are putting ourselves in the (...) position of quite possibly ending up in a loveless marriage of the sort we acknowledge to be undesirable, and this is a mistake. (shrink)

There is good evidence that the cerebral cortex is the seat of the human mind, so an understanding of representation in the cortex could help us understand the nature of mental representation. I argue that the cortex represents in the way that models do; it is an evolutionarily designed model-building machine. The cortex belongs to a general class of model-building machines that produce isomorphisms to structures in the environment by interacting with them. The representational content of a particular model produced (...) by such a machine is determined by the operational principles according to which the machine was designed, and the history of machine-environment interaction that resulted in the production of that model. ;I explore the possibility that the operational principles according to which the cerebral cortex was designed, i.e. aspects of its causal profile that were selected for, are those described by the SINBAD theory. The SINBAD theory implies that it is the biological function of the cortex to make its constituent neurons come to interact in a way that is isomorphic to regularities structured around "sources of correlation". In the context of this isomorphism, it is the function of a particular SINBAD cell to correspond to a particular source of correlation, the one that is responsible for that cell's tuning. In other words, the cortex builds models of environmental regularities structured around sources of correlation. ;Understanding mental representation as cortical representation of this kind allows us to explain a number of important and/or puzzling features of mental intentionality as we know it: the possibility of equivocation, misrepresentation, empty representation, and twin cases, the relation between concepts and inferential roles, how it is possible for us to acquire objective concepts and beliefs via our subjective and idiosyncratic senses, and the distinction between usefulness and truth. I conclude by outlining an account of the occurrent propositional attitudes as non-representational uses of a SINBAD model that has been built up through experience. Non-representational use is cashed out in terms of causal role. Together with an account of the non-occurrent attitudes, this yields an understanding of the nature of psychological explanation. (shrink)

We integrate information from distinct domains, especially in metaphor. What sort of cognitive architecture underlies this kind of integration? Fodor (1983) argued that it involves nonmodular mechanisms. He also contended that the nonmodular mechanisms evolved from modular ones through a process of demodularization, a position elaborated by Mithen (1996). In this article, I defend Fodor and Mithen from criticisms offered by Sperber (1994). Sperber suggested that nonmodular mechanisms are unlikely to have evolved because an increasingly large database would incapacitate the (...) cognitive system due to combinatorial explosion and the frame problem. Moreover, he argued that nonmodular mechanisms are not required to explain our ability to integrate information. I argue that proponents of demodularization can respond to Sperber's criticisms by assuming that either an expanding database co-evolved with increasingly sophisticated search mechanisms or the cognitive system evolved along connectionist lines. Moreover, I argue that Sperber's modular account of conceptual integration fails to satisfy the criteria for modularity-namely, information encapsulation. (shrink)

This paper presents a computational model that integrates a dynamically structured holographic memory system into the ACT-R cognitive architecture to explain how linguistic representations are encoded and accessed in memory. ACT-R currently serves as the most precise expression of the moment-by-moment working memory retrievals that support sentence comprehension. The ACT-R model of sentence comprehension is able to capture a range of linguistic phenomena, but there are cases where the model makes the wrong predictions, such as the over-prediction of retrieval interference (...) effects during sentence comprehension. Here, we investigate one such case involving the processing of sentences with negative polarity items and consider how a dynamically structured holographic memory system might provide a cognitively plausible and principled explanation of some previously unexplained effects. Specifically, we show that by replacing ACT-R's declarative memory with a dynamically structured memory, we can explain a wider range of behavioral data involving reading times and judgments of grammaticality. We show that our integrated model provides a better fit to human error rates and response latencies than the original ACT-R model. These results provide proof-of-concept for the unification of two independent computational cognitive frameworks. (shrink)

Résumé Les philosophes ont longtemps peiné à expliquer le décalage entre les émotions et leurs objets à travers le temps, comme lorsque nous cessons de pleurer ou de ressentir de la colère malgré la persistance de la cause sous-jacente. Je défends une approche sceptique qui soutient que ces changements émotionnels manquent souvent d’adéquation rationnelle. L’observation clé est que nos émotions doivent périodiquement se réinitialiser pour des raisons purement fonctionnelles qui n’ont rien à voir avec cette adéquation. Je compare ce point (...) de vue à l’approche sceptique de Hume en matière de croyance, et je conclus que la résistance à cette approche repose sur une confusion similaire à celle qu’il identifie. (shrink)

– This paper attempts to recognize the informational needs of women who suffer from intimate partner violence (IPV). It then presents a model of a web site that may answer to these needs., – First, the paper defines the phases women suffering from IPV go through. This is done by surveying the literature that describes the stages these women experience. In order to clarify the proposed model, the paper then describe our own set of phases based on the above literature. (...) Once the phases mentioned above are understood, the needs of these women become evident, thus allowing us to define and specify them. The model of the web site is then described and the paper shows how it relates to the various aforementioned needs., – The web site would offer a variety of information, such as: names of organizations that offer support, chats, and forums that provide emotional support and advice from women who experienced abuse in the past as well as from professionals., – Security issues of this model need to be researched before applying it to use, as they are beyond the scope of this paper. Such issues should include techniques for erasing the user's traces and for keeping out “unwelcome visitors.”, – This model, if applied, may greatly aid women suffering from IPV, as it would provide them with the emotional support and technical information they need in order to make important decisions regarding their situation. Information, if utilized, may give these women the ability to control their fate and actively improve their quality of life. (shrink)

It is often held that identity properties like the property of being identical to Paris are intrinsic. It is also often held that, while some logically uninstantiable properties are intrinsic, some logically uninstantiable properties are non-intrinsic. The combination of these views, however, raises a problem, since virtually every existing account of intrinsicality fails to analyse a notion of intrinsicality on which both these views are true. In this paper, I argue that, given the orthodox theory of counterlogicals, there is no (...) notion of intrinsicality on which both these views are true. If this argument is sucessful, then, at least given orthodoxy about counterlogicals, we face no challenge in analysing a notion of intrinsicality on which both these views are true, since there is no such notion. In addition, if we are also convinced that there is a notion of intrinsicality on which one of these views is true and a notion of intrinsicality on which the other of these views is true, we should hold that there is more than one notion of intrinsicality. (shrink)

Most people don’t want their teachers, scientists, or journalists to be too ideological. Calling someone an “ideologue” isn’t a compliment. But what is ideology and why exactly is it a threat? I propose that ideology is fruitfully understood in terms of three ingredients: a basic moral claim, a worldview built on top of that claim, and the attempt to politicize this worldview by injecting it into social institutions. I further argue that the central danger of ideology is that activating these (...) three ingredients tends to undermine liberal social institutions. And yet a certain amount of ideology is both unavoidable and desirable, as I show, since it supplies us with important goods like social cohesion and mobilization. This means the best we can do is to try and set boundaries on ideology. (shrink)

This article uses an economic narrative to examine the theoretical adequacy of applying humanitarian law to the regulation of the war on international terror. I will argue that problems inherent in collective action hinder the ability of this law to generate an optimal level of global security, and that the absence of the element of reciprocity lowers states’ compliance with it. The paper discusses factors such as audience costs, negative externalities of public conscience, NGOs’ activities, and the promotion of the (...) humanitarian approach toward humanitarian law in international bodies and courts as helping to mitigate these phenomena. A controversy between states concerning the application of humanitarian law to the war on international terror, however, might prevent these factors from offsetting the decline in the status of humanitarian law. Humanitarian law is therefore at risk of lapsing into irrelevance in this war. (shrink)

Against the background that the top-level semantic framework of Chinese traditional culture is not comprehensive and unified, this study aims to preserve and disseminate cultural heritage information about Chinese traditional culture through the development of a domain ontology which is constructed from ancient books. A combination of top-down and bottom-up approaches was used to construct the ontology for Chinese traditional culture. An investigation of historians’ needs, and LDA topic clustering model were conducted, understanding the specific needs of historians, collecting the (...) topic, concepts and relationships. CIDOC CRM was reused to construct the basic framework of CTCO. Ontology structure and function were adopted to evaluate the effectiveness of CTCO. Evaluation results show that the ontology meets all the quality criteria of OntoMetrics, and the experts agreed on content representation. CTCO contributes to the organization of traditional Chinese culture and the construction of related databases. The study also forms a common path and puts forward proposals for the construction of domain ontology, which has great social relevance. (shrink)

We introduce a game model for an Algol-like programming language with primitives for parallel composition and synchronization on semaphores. The semantics is based on a simplified version of Hyland–Ong-style games and it emphasizes the intuitive connection between the concurrent nature of games and that of computation. The model is fully abstract for may-equivalence.

_Researching Education Policy, Public Policy, and Policymakers_ is a theoretical and hands-on practical guide to conducting qualitative research on education policy and public policy, with an emphasis on studies that involve senior participants and high-status government and non-government organisations. Building on over a decade of extensive experience in qualitative research on education policy among the most senior policymakers, this book explores and illustrates successful approaches to working with senior policymakers through examples from both the UK and Israel. Whilst policy studies (...) are traditionally either theoretical or quantitative, this book explains the theory, methodology, and ethics of harnessing qualitative methods to the study of senior policymakers and their settings. Key topics include: Designing and planning the qualitative policy study Document analysis as a policy research tool Interviewing policymakers and observing policy Mapping qualitative policy analysis methods Writing policy reports Ethics and trust This practical guide, built upon a sound theoretical framework, will prove both inspirational and helpful to academic and professional researchers across all disciplines involving public policy. (shrink)

Accountants preparing information are in a position to manipulate the view of economic reality presented in such information to interested parties. These manipulations can be regarded as morally reprehensible because they are not fair to users, they involve in an unjust exercise of power, and they tend to weaken the authority of accounting regulators. This paper develops a model for detecting earnings manipulators using financial statements’ ratios in a sample of Spanish listed companies. Our results provide evidence that accounting data (...) can be extremely useful in detecting manipulators. This approach can be used by a large category of users of accounting information among which we can cite stock exchange supervisors or investing professionals. (shrink)

Early on in the Outlines of Pyrrhonism (PH), Sextus Empiricus offers an account of τὸ τέλος τῆς σκεπτικῆς—the aim or final end of Pyrrhonian skepticism. Having previously explained such crucial aspects of Pyrrhonism as the sense in which Skeptics do not hold any beliefs and what its constitutive principles are, in sections I 25-30 Sextus turns to what he seems to regard as the equally important matter of what the aim of Skepticism is. He tells us, An aim [τέλος] is (...) that for the sake of which everything is done or considered, while it is not done or considered for the sake of anything else. Or: an aim is the final object of desire. Up to now we say the aim of the Skeptic is tranquility [ἀταραξία] in matters of opinion and moderation of feeling [μετριοπάθεια] in matters forced on us. (PH I.25)2 In the sense of ‘ethics’ relevant to the Ancients, this constitutes Sextus’ major pronouncement on ethics in the general survey of Skepticism contained in PH I, apart from the specific arguments of the Tenth Mode (PH I 145-163). It is perhaps unsurprising that Sextus’ ethics, the heart of which is evident even in the.. (shrink)