A review‐article of Julius Stone, Legal System and Lawyers' Reasonings, Stanford, University Press Herbert Wechsler, Principles, Politics and Fundamental Law, Harvard University Press H. L. A. Hart, The Concept of Law, Oxford University Press Richard A. Wasserstrom, The Judicial Decision, Toward a Theory of Legal Justification, Stanford University Press Judith N. Shklar, Legalism, Harvard University Press.

The important recent book by Schurz ( 2019 ) appreciates that the no-free-lunch theorems (NFL) have major implications for the problem of (meta) induction. Here I review the NFL theorems, emphasizing that they do not only concern the case where there is a uniform prior—they prove that there are “as many priors” (loosely speaking) for which any induction algorithm _A_ out-generalizes some induction algorithm _B_ as vice-versa. Importantly though, in addition to the NFL theorems, there are many _free lunch_ theorems. (...) In particular, the NFL theorems can only be used to compare the expected performance of an induction algorithm _A_, considered in isolation, with the expected performance of an induction algorithm _B_, considered in isolation. There is a rich set of free lunches which instead concern the statistical _correlations_ among the generalization errors of induction algorithms. As I describe, the meta-induction algorithms that Schurz advocates as a “solution to Hume’s problem” are simply examples of such a free lunch based on correlations among the generalization errors of induction algorithms. I end by pointing out that the prior that Schurz advocates, which is uniform over bit frequencies rather than bit patterns, is contradicted by thousands of experiments in statistical physics and by the great success of the maximum entropy procedure in inductive inference. (shrink)

Book reviewed in this article: Suffering and the Beneficent Community: Beyond Libertarianism. By Erich H. Loewy. The Nature of Suffering and the Goals of Medicine. By Eric J. Cassell.

This is the first of two papers that use off-training set (OTS) error to investigate the assumption-free relationship between learning algorithms. This first paper discusses the senses in which there are no a priori distinctions between learning algorithms. (The second paper discusses the senses in which there are such distinctions.) In this first paper it is shown, loosely speaking, that for any two algorithms A and B, there are “as many” targets (or priors over targets) for which A has lower (...) expected OTS error than B as vice versa, for loss functions like zero-one loss. In particular, this is true if A is cross-validation and B is “anti-cross-validation” (choose the learning algorithm with largest cross-validation error). This paper ends with a discussion of the implications of these results for computational learning theory. It is shown that one cannot say: if empirical misclassification rate is low, the Vapnik-Chervonenkis dimension of your generalizer is small, and the training set is large, then with high probability your OTS error is small. Other implications for “membership queries” algorithms and “punting” algorithms are also discussed. (shrink)

Scholars and practitioners alike indicate a movement in corporate philanthropy toward “strategic” giving, for example, giving that improves the firm's strategic position (ultimately the “bottom line”) while it benefits the recipient of the philanthropic act. Although the existence of this trend is widely accepted, it is represented in the literature most often by anecdotal evidence. This article presents the findings of a survey of corporate giving managers of U.S. firms that have had an established giving program of at least 5 (...) years, with annual giving totaling at least $200,000 each year. The data show that corporate giving managers believe their firms are becoming increasingly strategic in their philanthropic activities. The findings also indicate that institutional-, firm-, and individual-level influences combine to precipitate strategic philanthropy. These findings lend support to the belief that the nature of corporate philanthropy is evolving to fit a more competitive marketplace. (shrink)

The epistemic arrow of time is the fact that our knowledge of the past seems to be both of a different kind and more detailed than our knowledge of the future. Just like with the other arrows of time, it has often been speculated that the epistemic arrow arises due to the second law of thermodynamics. In this paper, we investigate the epistemic arrow of time using a fully formal framework. We begin by defining a memory system as any physical (...) system whose present state can provide information about the state of the external world at some time other than the present. We then identify two types of memory systems in our universe, along with an important special case of the first type, which we distinguish as a third type of memory system. We show that two of these types of memory systems are time-symmetric, able to provide knowledge about both the past and the future. However, the third type of memory systems exploits the second law of thermodynamics, at least in all of its instances in our universe that we are aware of. The result is that in our universe, this type of memory system only ever provides information about the past. We also argue that human memory is of this third type, completing the argument. We end by scrutinizing the basis of the second law itself. This uncovers a previously unappreciated formal problem for common arguments that try to derive the second law from the “Past Hypothesis”, i.e., from the claim that the very early universe was in a state of extremely low entropy. Our analysis is indebted to prior work by one of us but expands and improves upon this work in several respects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:War, Peace, and Reconciliation: A Theological Inquiry by Theodore R. WeberDavid H. MessnerWar, Peace, and Reconciliation: A Theological Inquiry Theodore R. Weber EUGENE, OR: WIPF & STOCK, 2015. 182 pp. $23.00Weber's book makes a helpful contribution to enlivening more theologically grounded strategies for peacemaking through reconciliation. It is a careful, systematic work that takes as its foundation a distinctively Christian view of [End Page 214] God's nature and (...) relation to the world. As a scholar and a pastor for over fifty years, Weber brings a much-needed, wise, and re-centered view to the questions entangled in war, peace, and reconciliation. He advises us not to look first into the realities of war for God, but to look to understand God as the context for all human conflict. He forcefully calls the reader to be a reconciler despite the intractability of conflict. The book is structured in three main parts, beginning with the theological context, then the political context, and, last, to peace, justice, and the church.The "war" that Weber addresses is interstate conflict, representing the negation of the web of relationships constituting a healthy international system. War disrupts God's plan and ruptures the right relationship between humanity and God (43–44). Throughout, Weber embraces a kind of Christian Realism, one that takes seriously the loving nature of God, the sinfulness of humanity, and the limits and possibilities for peacemaking in a human world. Downplaying the pacifistic message of Jesus, Weber highlights the necessities within a fallen world. We cannot eliminate war as a category of existence under the conditions of sin (until the eschaton), but with right orientation and action we can eliminate some war.Noting inadequacies of the just war tradition (though not dispensing with it), Weber identifies the need to ground it more firmly in theology, including enhanced attention to "just intention" as a primary criterion in evaluating the prosecution of war, displacing cause as the first question with which we must interrogate ourselves. Discernment about war and peace must be an ongoing conversation that should include people of faith as well as policymakers. Weber's theological and pastoral sensibilities, alongside his political savvy throughout, make the book a pleasurable and provocative read.The definition of reconciliation deployed is broad and complex, and Weber marshals it for powerful work. Reconciliation "is God's work—the movement of Divine grace through history, engaging all aspects of brokenness and promise and reaching its climax of fulfillment and disclosure in the life, death, and resurrection of Jesus Christ" (3). Grace continually calls humanity to enter into the work of reconciliation. Here Weber introduces the idea of relational power; more nuanced than mere substantive power, it connects to the core idea of institution building and the critical emphasis on strengthening the social fabric in the interest of peace. It is the hallmark of the reconciling transformation from systems of dominance to relationships of consent.The book raises questions regarding how to put reconciliation as described into concrete practice, responding to real cases and controversies. Also, there could be added discussion, against this theological backdrop, of what opportunities exist amid current US and global regime change to enter this reconciling activity more fully.Ultimately, the Christian context is central to understanding the ethics that Weber advances. Weber recommends a biblical foundation, one in which [End Page 215] we take the benefit of reading scripture backward from the Christ event. Such an exegetical strategy reveals that God has a plan for all of humanity, a vision of inclusiveness and reconciliation. It is from this vantage point of God's culminating vision, Weber illuminates, that we can understand and embrace human action throughout history and the meaningful, if incomplete, work of reconciliation to which we must commit ourselves, both politically and spiritually. [End Page 216]David H. MessnerEmory UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

A primary purpose of argument is to increase the degree of reasonable confidence that one has in the truth of the conclusion. A question begging argument fails this purpose because it violates what W. E. Johnson called an epistemic condition of inference. Although an argument of the sort characterized by Robert Hoffman in his response (Analysis 32.2, Dec 71) to Richard Robinson (Analysis 31.4, March 71) begs the question in all circumstances, we usually understand the charge that an argument is (...) question begging with reference to the beliefs of the person, or the sort of person, to whom the argument is directed. (shrink)

We introduce a framework that can be used to model both mathematics and human reasoning about mathematics. This framework involves stochastic mathematical systems (SMSs), which are stochastic processes that generate pairs of questions and associated answers (with no explicit referents). We use the SMS framework to define normative conditions for mathematical reasoning, by defining a “calibration” relation between a pair of SMSs. The first SMS is the human reasoner, and the second is an “oracle” SMS that can be interpreted as (...) deciding whether the question–answer pairs of the reasoner SMS are valid. To ground thinking, we understand the answers to questions given by this oracle to be the answers that would be given by an SMS representing the entire mathematical community in the infinite long run of the process of asking and answering questions. We then introduce a slight extension of SMSs to allow us to model both the physical universe and human reasoning about the physical universe. We then define a slightly different calibration relation appropriate for the case of scientific reasoning. In this case the first SMS represents a human scientist predicting the outcome of future experiments, while the second SMS represents the physical universe in which the scientist is embedded, with the question–answer pairs of that SMS being specifications of the experiments that will occur and the outcome of those experiments, respectively. Next we derive conditions justifying two important patterns of inference in both mathematical and scientific reasoning: (i) the practice of increasing one’s degree of belief in a claim as one observes increasingly many lines of evidence for that claim, and (ii) abduction, the practice of inferring a claim’s probability of being correct from its explanatory power with respect to some other claim that is already taken to hold for independent reasons. (shrink)

Naive mereology studies ordinary, common-sense beliefs about part and whole. Some of the speculations in this article on naive mereology do not bear directly on Peter van Inwagen's "Material Beings". The other topics, (1) and (2), both do. (1) Here is an example of Peter Unger's "Problem of the Many". How can a table be a collection of atoms when many collections of atoms have equally strong claims to be that table? Van Inwagen invokes fuzzy sets to solve this problem. (...) I claim that an alternative treatment of vagueness, supervaluations over many-value valuations, provides a better solution. (2) The Special Composition Question asks how parts compose a whole. One who rejects van Inwagen's answer in terms of constituting a life need not provide some alternative answer. Even if all answers to the Special Question fail, there are a multitude of less general composition questions that are not so difficult. (shrink)

Everything red is colored, and all squares are polygons. A square is distinguished from other polygons by being four-sided, equilateral, and equiangular. What distinguishes red things from other colored things? This has been understood as a conceptual rather than scientific question. Theories of wavelengths and reflectance and sensory processing are not considered. Given just our ordinary understanding of color, it seems that what differentiates red from other colors is only redness itself. The Cambridge logician W. E. Johnson introduced the terms (...) determinate and determinable to apply to examples such as red and colored. Chapter XI, of Johnson's Logic, Part I (1921), “The Determinate and the Determinable,” is the main text for discussion of this distinction. (shrink)

We present a conceptual framework on the experience of time and provide a coherent basis on which to base further inquiries into qualitative approaches concerning time experience. We propose two Time-Layers and two Time-Formats forming four Time-Domains. Micro-Flow and Micro-Structure represent the implicit phenomenal basis, from which the explicit experiences of Macro-Flow and Macro-Structure emerge. Complementary to this theoretical proposal, we present empirical results from qualitative content analysis obtained from 25 healthy participants. The data essentially corroborate the theoretical proposal. With (...) respect to Flow, the phenomenally accessible time experience appeared as a continuous passage reaching from the past through the present into the future. With respect to Structure, the individual present was embedded in the individual biography, emerging from past experiences and comprising individual plans and goals. New or changing plans and goals were being integrated into the existing present, thus forming a new present. The future appeared as changeable within the present, by means from the past, and therefore as a space of potential opportunities. Exemplarily, we discuss these results in relation to previous empirical findings on deviant experiences of time in Autism Spectrum Disorder that is presumably characterized by a breakdown of Flow and concomitant compensatory repetition resulting in an overly structured time. Finally, we speculate about possible implications of these findings both for psychopathological and neuroscientific research. (shrink)

As theorists, developers, and practitioners of the anticipatory governance of emerging technologies, we applaud Ankeny et al.’s...

Consensus conferences, also known as citizens’ panels—a collection of lay citizens akin to a jury but charged with deliberating on policy issues with a high technical content—are a potentially important way to conduct technology assessments, inform policy makers about public views of new technologies, and improve public understanding of and participation in technological decision making. The first citizens’ panel in the United States occurred in April 1997 on the issue of “Telecommunications and the Future of Democracy.” This article evaluates the (...) impact of this citizens’ panel. The standard criteria to evaluate the impact of analyses focus on the “actual impact” and on the “impact on general thinking.” To these standard criteria, this article introduces the evaluation of two impacts related to learning: impact on the training of knowledgeable personnel and the interaction with lay knowledge. The impact evaluation is based on a nearly comprehensive set of semistructured telephone interviews with the participants in the panel. (shrink)

This paper provides a new approach to inference to the best explanation based on a new coherence measure for comparing how well hypotheses explain the evidence. It addresses a number of criticisms of the use of probabilistic measures in this context by Clark Glymour, including limitations of earlier work on IBE. Computer experiments are used to show that the new approach finds the truth with a high degree of accuracy in hypothesis selection tasks and that in some cases its accuracy (...) is greater than hypothesis selection based on maximizing posterior probability. Hence, by overcoming some of the problems with the previous approach, this work provides a more adequate defence of IBE and suggests that IBE not only tracks truth but also has practical advantages over the previous approach. Applications of the new approach to parameter estimation and model selection are also explored. (shrink)

Based on Medicine as a human experience / David E. Reiser, David H. Rosen. c1984.

To accommodate vague statements and predicates, I propose an infinite-valued, non-truth-functional interpretation of logic on which the tautologies are exactly the tautologies of classical two-valued logic. iI introduce a determinacy operator, analogous to the necessity operator in alethic modal logic, to allow the definition of first-order and higher-order borderline cases. On the interpretation proposed for determinacy, every statement corresponding to a theorem of modal system T is a logical truth, and I conjecture that every logical truth on the interpretation corresponds (...) to a theorem of T. the interpretation is extended to predicate logic. A borderline case of a predicate 'F’ is neither determinately F nor determinately not-F. Traditional sorites arguments are seen to fall apart early in their gradual stepwise passage from truth to falsity. (shrink)

In several works on modality, G. H. von Wright presents tree structures to explain possible worlds. Worlds that might have developed from an earlier world are possible relative to it. Actually possible worlds are possible relative to the world as it actually was at some point. Many logically consistent worlds are not actually possible. Transitions from node to node in a tree structure are probabilistic. Probabilities are often more useful than similarities between worlds in treating counterfactual conditionals.

I criticize and emend J L Mackie's account of causal priority by replacing ‘fixity’ in its central clause by 'x is a causal condition of y, but y is not a causal condition of x'. This replacement works only if 'is a causal condition of' is not a symmetric relation. Even apart from our desire to account for causal priority, it is desirable to have an account of nonsymmetric conditionship. Truth, for example, is a condition of knowledge, but knowledge is (...) not a condition of truth. My definitions of 'sufficient condition for' and 'necessary condition for' do not imply that p is a sufficient condition of q if and only if q is a necessary condition of p. (shrink)

A semantics of vagueness should reject the principle that every statement has a truth-value yet retain the classical tautologies. A many-value, non-truth-functional semantics and a semantics of super-valuations each have this result. According to the super-valuation approach, 'if a man with n hairs on his head is bald, then a man with n plus one hairs on his head is also bald' is false because it comes out false no matter how the vague predicate 'is bald' is appropriately made precise. (...) But why should a sentence in which components actually remain imprecise be regarded as actually false just because it would be false if its components were precise? On one of the alternative treatments of quantification allowed by the many-value approach, the sentence in question is assigned an intermediate value closer to 'false' than to 'true'. Despite the elegance of the super-valuation approach, there are reasons to prefer the many-value approach. (shrink)

This article answers John Biro's "Knowability, Believability, and Begging the Question: a Reply to Sanford" in "Metaphilosophy" 15 (1984). Biro and I agree that of two argument instances with the same form and content, one but not the other can beg the question, depending on other factors. These factors include actual beliefs, or so I maintain (against Biro) with the help of some analysed examples. Brief selections from Archbishop Whatley and J S Mill suggest that they also regard reference to (...) actual beliefs as essential to explaining begging the question. (shrink)

When is it _explanatorily_ better to adopt a conjunction of explanatory hypotheses as opposed to committing to only some of them? Although conjunctive explanations are inevitably less probable than less committed alternatives, we argue that the answer is not ‘never’. This paper provides an account of the conditions under which explanatory considerations warrant a preference for less probable, conjunctive explanations. After setting out four formal conditions that must be met by such an account, we consider the shortcomings of several approaches. (...) We develop an account that avoids these shortcomings and then defend it by applying it to a well-known example of explanatory reasoning in contemporary science. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 350-353 [Access article in PDF] Book Review The Ways of Naysaying: No, Not, Nothing, and Nonbeing, The Ways of Naysaying: No, Not, Nothing, and Nonbeing, by Eva T. H. Brann; xviii & 249 pp. Lanham, Md.: Rowman & Littlefield Publishers, 2001, $35.00. This, the third of Eva Brann's trilogy on imagination, time, and naysaying respectively, is described by one of her colleagues as her (...) "cradle-to-grave book" (p. xvi). The word "naysaying" plays felicitously on the sound of the English word "nay" and the cognate Indo-European root "ne," which gives Brann a convenient starting-point for discerning what various forms of naysaying have in common. Note that this is saying rather than thinking, being, or doing, although the relations among these acts are a recurring concern in her discussion. Unlike some "postmoderns," Brann does not regard language as a self-contained arena with no reference outside of itself. Rather, for her, language is a convenient medium for thinking about what is extralinguistic, whether in the mind or elsewhere.Nor does she think that a word must necessarily have some underlying unity beneath its various meanings. In fact, heeding Wittgenstein's warning, she admits that "it is a pathologically bad craving to want a word to have one ultimate meaning, worse to look for one meaning over many words, and worst to assume that such a meaning may apply to a something beyond the realm of language." Nevertheless, she suggests, "this craving to look for one truth behind many appearances may be simply irradicable, being nothing less than the philosophical impulse" (p. xiv).Where does her "philosophical impulse" focus, on texts or on things? She explicitly tells us that texts are indispensable (at least for her) to get very far with the things themselves (p. 2). And so, in the course of her investigation, she attends to Parmenides, Plato, Aristotle, Anselm, Kant, Fichte, Hegel, Bergson, Frege, Meinong, Russell, Whitehead, Dewey, Heidegger, and Wittgenstein, among others. Nonetheless, she begins by noticing a sort of willful denial that is pre-linguistic and "speechless" (the contrariness of an infant), and she ends with the nothingness that is void of all language and everything else. These two topics, expressed by the words "No" (Chapter One) and "Nothing" (Chapter Six) respectively, "frame" her inquiry (p. 42). Along the way she always has an eye to what lies behind or beyond language, in the world or in the mind, with a chapter each for "Not," "Nonexistence," "Nonbeing," and "Negativity." She [End Page 350] says that Chapter Four, concerning "Nonbeing," is the center and philosophic focus of her study. Brann's chapters thus represent the six big divisions for organizing her observations. Indeed, for Brann, the plurality of naysayings "seems to fall naturally" into her sixfold division (p. xiv).Thoughtfully pondering this structure takes the reader a long way toward understanding the work (in both senses of "work": the thought itself and the text which records that thought). The chapter divisions progress from the willful, through the logical, the imaginative, the philosophic, and the dialectical, to end, as we noted, in the absolute Nothing, the "antagonist of Being." For instance, the distinction between the first two--the willful and the logical--is the distinction between the personal (denial) and the impersonal (negation). In considering willful denial, Brann understands the will to be a "willingness, inclination, readiness"--usually "determinate," "focused and active" (p. 7). Likewise, negation also has a personal origin: "Negation arises from the human desire and ability to make distinctions; it is (most likely) grounded in the opposition and polarities that belong to beings (of which the first... is surely that of thinking itself to its object, be it ideal or real)" (p. 29f.). Thus, although logical negation seems to originate in the personal subject there is something quite detachable and impersonal about logical formulations, so that Heraclitus "bids people hear his truth 'not listening to me but to the logos,' the cosmic collecting and distinguishing power" (p. 128). So the logos that begins for us as "reason manifested in... (shrink)

I defend my attempt to explain causal priority by means of one-way causal conditionship by answering an argument by J. A. Cover about Charles'' law. Then I attempt to say what makes a philosophical analysis a counterfactual analysis, so I can understand Cover''s claim that my account is at its base a counterfactual one. Finally I examine Cover''s discussion of my contention that necessary for in the circumstances is nontransitive.

Sam signaled a turn by extending his arm out the window. Difficulties in explaining the asymmetry of the by-relation in such examples by reference to acceptable and unacceptable counterfactual conditionals are explored by Hugh McCann in "The Trouble with Level-Generation" ("Mind", October 1982). I refine and defend the following alternative account of one-way dependence of y on x: not only is x necessary for y, but something else, independent from x, is also necessary for y; but there is nothing independent (...) from y such that it and y are each necessary for x. (shrink)

Locke thought it was a necessary truth that no two material bodies could be in the same place at the same time. Leibniz wasn't so sure. This paper sides with Leibniz. I examine the arguments of David Wiggins in defense of Locke on this point (Philosophical Review, January 1968). Wiggins’ arguments are ineffective.

Many philosophic arguments concerned with infinite series depend on the mutual inconsistency of statements of the following five forms: (1) something exists which has R to something; (2) R is asymmetric; (3) R is transitive; (4) for any x which has R to something, there is something which has R to x; (5) only finitely many things are related by R. Such arguments are suspect if the two-place relation R in question involves any conceptual vagueness or inexactness. Traditional sorites arguments (...) show that a statement of form (4) can fail to be true even though it has no clear counter-example. Conceptual vagueness allows a finite series not to have any definite first member. I consider the speculative possibilities that there have been only finitely many non-overlapping hours although there has been no first hour and that space and time are only finitely divisible even though there are no smallest spatial or temporal intervals. (shrink)

The present paper intends to clear the way to considering all psychopathology as responses to failures in the human environment by examining three common sources of error in scientific reasoning about psychopathology: the false identification of "biological considerations" with the sub-interest of organic pathology, the idea that a person could be genetically predisposed or vulnerable to psychopathology, the failure to distinguish between causal forms of explanation and explanation based upon connections of meaning and significance. For convenience, the omnibus term "environmental (...) failure-oppression" is introduced to refer to the totality of possible failures in the human environment. (shrink)