In international human rights law ‘jurisdiction’ is the centre of the debate on extraterritorial obligations. The purpose of the present paper is to a) analyse how facts and principles contribute t...

In this paper, I seek to undermine G.A. Cohen ’s polemical use of a metaethical claim he makes in his article, ‘ Facts and Principles’, by arguing that that use requires an unsustainable equivocation between epistemic and logical grounding. I begin by distinguishing three theses that Cohen has offered during the course of his critique of Rawls and contractualism more generally, the foundationalism about grounding thesis, the justice as non-regulative thesis, and the justice as all-encompassing thesis, and briefly (...) argue that they are analytically independent of each other. I then offer an outline of the foundationalism about grounding thesis, characterising it, as Cohen does, as a demand of logic. That thesis claims that whenever a normative principle is dependent on a fact, it is so dependent in virtue of some other principle. I then argue that although this is true as a matter of logic, it, as Cohen admits, cannot be true of actual justifications, since logic cannot tell us anything about the truth as opposed to the validity of arguments. Facts about a justification cannot then be decisive for whether or not a given argument violates the foundationalism about grounding thesis. As long as, independently of actual justifications, theorists can point to plausible logically grounding principles, as I argue contractualists can, Cohen ’s thesis lacks critical bite. (shrink)

David Estlund holds that ultimate normative principles are insensitive to bad facts. This is a deliberately twisted appropriation of Jerry Cohen’s famous dictum that ultimate normative principles are fact-insensitive. In this paper, I will show why Estlund’s twist misses the point of Cohen’s argument. The fact-insensitivity claim is not a requirement to eliminate all facts from our normative theories because facts necessarily make these theories concessive. Instead, it may help us to locate the true origin (...) of these concessions. In normative theorizing, we have not explained why a fact supports a principle if we fail to articulate the higher-order principle in light of which that fact is normatively significant. (shrink)

G. A. Cohen has recently argued for a thesis about the relationship between facts and principles. He claims that Rawls denies this thesis, and the truth of this thesis vitiates Rawls’s constructivist procedure. I argue against both claims by developing an account of Rawls’s justificatory strategy and the role of facts in this strategy, which I claim is similar to the role of facts in some defences of utilitarianism.

In common law jurisdictions, legal professionals cite facts and legal principles from precedent cases to support their arguments before the court for their intended outcome in a current case. This practice stems from the doctrine of stare decisis, where cases that have similar facts should receive similar decisions with respect to the principles. It is essential for legal professionals to identify such facts and principles in precedent cases, though this is a highly time intensive (...) task. In this paper, we present studies that demonstrate that human annotators can achieve reasonable agreement on which sentences in legal judgements contain cited facts and principles. We further demonstrate that it is feasible to automatically annotate sentences containing such legal facts and principles in a supervised machine learning framework based on linguistic features, reporting per category precision and recall figures of between 0.79 and 0.89 for classifying sentences in legal judgements as cited facts, principles or neither using a Bayesian classifier, with an overall κ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\kappa$$\end{document} of 0.72 with the human-annotated gold standard. (shrink)

The Queen's College, Oxford, UK In his article `Facts and Principles', G.A. Cohen attempts to refute constructivist approaches to justification by showing that, contrary to what their proponents claim, fundamental normative principles are fact- in sensitive. We argue that Cohen's `fact-insensitivity thesis' does not provide a successful refutation of constructivism because it pertains to an area of meta-ethics which differs from the one tackled by constructivists. While Cohen's thesis concerns the logical structure of normative principles, constructivists (...) ask how normative principles should be justified . In particular, their claim that justified fundamental normative principles are fact-sensitive follows from a commitment to agnosticism about the existence of objective moral facts. We therefore conclude that, in order to refute constructivism, Cohen would have to address questions of justification, and take a stand on those long-standing meta-ethical debates about the ontological status of moral notions (for example, realism versus anti-realism) with respect to which he himself wants to remain agnostic. Key Words: John Rawls • normative justification • realism versus anti-realism • methodological versus substantive principles. (shrink)

Cohen’s hostility to Rawls’ justification of the Difference Principle by social facts spawned Cohen’s general thesis that ultimate principles of justice and morality are fact-insensitive, but explain how any fact-sensitive principle is grounded in facts. The problem with this thesis, however, is that when facts F ground principle P, reformulating this relation as the "fact-insensitive" conditional “If F, then P” is trivial and thus explanatorily impotent. Explanatory, hence justificatory, force derives either from subsumption under more general (...) principles, or precisely exhibiting value in light of relevant (actual or hypothetical) facts. In examples where no subsumption occurs, actual facts trivially become hypothetical facts in "fact-insensitive" conditionals, an empty formalism. Indeed, Rawls’ grounding of principles of justice in “conditions of life” can easily be reformulated as a conditional principle “sensitive” only to hypothetical such conditions, and thus formally fact-insensitive in Cohen's sense, for all Cohen’s ire against Rawls’s grounding.Moreover, any plausible “ultimate fact-insensitive principle” must be intricately qualified, which tacit ceteris paribus clauses mask. Each qualification implies prioritisation of one principle over another in conceivable circumstances, and wherever the now qualified principle is given scope, that too implies prioritisation over competing principles in typical circumstances. Any principle is thus sensitive to conceivable circumstances of application, as recognised by more sophisticated intuitionisms. Non-trivial ultimate principles – luck egalitarianism, act utilitarianism, etc. - require defense, which inevitably involves showing how they best interpret and respond to facts about human needs, goals, and capacities in predictable circumstances. Finally, the substantive debate between Rawls and Cohen about which facts are relevant to the DP is only obscured by the doctrine of fact-insensitivity. (shrink)

Are there universally valid moral principles that dictate what's right regardless of what the consensus is within a particular society? Or are moral judgments culturally relative, ultimately dictated by conventions and practices which vary among societies? Practices and Principles takes up the debate between cultural relativists and universalists, and the related debate in political philosophy between communitarians and liberals, each of which has roots in an earlier debate between Kant and Hegel. Rejecting uncritical deference to social practice, I (...) acknowledge the need for standards for judging existing practices; but, I argue, the fact that there are principles we can use to criticize practices does not mean we can ignore social practice when making ethical and legal judgments. While defending principled criticism,I show the important role social practices have both in selecting and applying principles. I show precisely how both principles and practices interact through three case studies: promises, contract law, and the fourth amendment issue of whether an expectation of privacy is reasonable. When we turn to particular instances of ethical and legal judging we find that it is appropriate sometimes to appeal to principles that seem foreign to a culture to criticize aspects of that culture, sometimes to appeal to principles immanent in a culture and its practices, sometimes to defer to expectations arising from practices without subjecting the practices to critical scrutiny. I reject simplifying dichotomies that force us to choose between either practices or principles, universalism or relativism, and liberalism or communitarianism. (shrink)

In recent work, Andrew T. Forcehimes and Robert B. Talisse correctly note that G.A. Cohen’s fact-insensitivity thesis, properly understood, is explanatory. This observation raises an important concern. If fact-insensitive principles are explanatory, then what role can they play in normative deliberations? The purpose of my paper is, in part, to address this question. Following David Miller, I indicate that on a charitable understanding of Cohen’s thesis, an explanatory principle explains a justificatory fact by completing an otherwise logically incomplete inference. (...) As a result, the explanatory role such a principle plays is inseparable from its status as a (not necessarily successful) justificatory reason. With this interpretation in hand, I then proceed to argue that Lea Ypi’s and Robert Jubb’s recent criticisms fail to undermine Cohen’s thesis, and that fact-insensitive principles, once discovered, are especially helpful for purposes of deliberation in circumstances characterized by changing and changeable feasibility constraints. (shrink)

Sets out Kurt Gödel's slingshot argument. The original argument—or, at least, the premisses of the argument that Neale attributes to Gödel—can be found in a fleeting footnote to a discussion of the relationship between Bertrand Russell's Theory of Descriptions and Theory of Facts. Usually each theory is viewed as quite independent of the other, but Gödel argues otherwise: that the viability of the latter depends upon the viability of the former. Neale summarizes Gödel's standpoint as follows: ‘if a true (...) sentence stands for a fact, then in order to avoid the collapse of all facts into one, the friend of facts must give up either an intuitive and straightforward Fregean Principle of Composition or the idea that definite descriptions are expressions that purport to stand for things.’ The sections of the chapter are: Elimination ; Facts and Descriptions; Identities in the Matrix; and The Eleatic One. (shrink)

Should our factual understanding of the world influence our normative theorising about it? G.A. Cohen has argued that our ultimate normative principles should not be constrained by facts. Many others have defended or are committed to various versions or subsets of that claim. In this paper I dispute those positions by arguing that, in order to resist the conclusion that ultimate normative principles rest on facts about possibility or conceivability, one has to embrace an unsatisfactory account (...) of how principles generate normative political judgments. So political theorists have to choose between principles ostensibly unbiased by our current understanding of human motivation and political reality, or principles capable of reliably generating political judgments. I conclude with wider methodological observations in defence of the latter option, and so of a return to political philosophy’s traditional blend of normative and descriptive elements. (shrink)

This critical notice argues for the existence of a new trend in bioethics, a complex and dynamic field of philosophical enquiry that goes beyond applied ethics and professional deontological codes. This trend supplements their traditionally “minimalist” ethics—and its concern with harm, rights or justice—with “inflationary” positions open to an integration of medicine with the humanities. By comparing and contrasting the views of two quite different philosophers, Diego Gracia and Alfred Tauber, and placing them within the theoretical background delineated by George (...) Khushf, I argue that the main contribution of this “inflationary bioethics” is an understanding of health and disease as intrinsically normative concepts, which in turn brings about a blurring of the distinction between facts and values. By refusing to construe the distinction as a dichotomy, a post-positivist philosophy of medicine must become more epistemological in order to help us clarify concepts in which the evaluative and the factual are impossible to separate. As a result, the “language of principles” in standard bioethics is being substituted by a more encompassing “language of values”; health and disease are increasingly understood as biopsychosocial phenomena; and the field is open to a process of moralization that challenges traditional models of patient autonomy and physician responsibility. (shrink)

The world is undeniably full of injustice. Many feel that much political philosophy is practically impotent and engaged instead in overly abstract theorising insufficiently sensitive to the realities of the world. One response to this concern is David Miller’s influential model of evidence-based political philosophy, which claims to be sensitive to empirical evidence from the social sciences, takes seriously people’s opinions, and defends the role of facts in grounding normative principles. Using various examples from the field of global (...) justice, one of Miller’s key areas of work, I show that Miller’s method is unconvincing on two levels. His theoretical argument for fact-dependence is flawed, and his practical argument for an opinion-sensitive political theory is either guilty of status quo bias or, in an attempt to escape it, becomes self-defeating. While the paper is primarily critical, I endeavour also to draw out the implications of my critiques for the role of the ‘real world’ in theorising. (shrink)

This essay is a reflection on the idea of truth-making and its applications. I respond to a critique of my 1986 paper on truth-making and discuss some key principles at play in the Truth-maker Program as it has emerged over the past 25 years, paying special attention to negative and general truths. I maintain my opposition to negative and general facts, but give an improved account of how to do without them. In the end, I accept Truth-maker Maximalism (...) and a weakened form of Truth-maker Necessitarianism, reject the assumption that truth-makers must be entities, and urge that the idea of a truth-maker be broadened and loosened so that it applies to anti-realistic as well as realistic truths. (shrink)

The challenge of Gilbert Harman that there are no moral facts is robust, to an extent extreme and counts most for the realists underline moral facts and moral explanations. The paper begins with the absorbing challenge posed by Harman that ends in some sort of skepticism. After a brief exposition of nature of moral facts, the paper focuses on another interesting squabble whether or not we conceive of serious moral explanation that bridges the gap between theories/ (...) class='Hi'>principles, and our moral observations. In a separate section it has been shown that moral explanations are far too necessary for moral facts because moral facts need to have explanatory potency. Moral facts need to explain our observations of moral phenomena. The contentious issue has been addressed remarkably well by Nicholas Sturgeon and Brad Majors. I have a suggestion that cogency of ideas of moral facts and moral explanations depend among other things, on the conception of possible worlds. (shrink)

A common anti-egalitarian argument is that equality is motivated by envy, or the desire to placate envy. In order to avoid this charge, John Rawls explicitly banishes envy from his original position. This article argues that this is an inconsistent and untenable position for Rawls, as he treats envy as if it were a fact of human psychology and believes that principles of justice should be based on such facts. Therefore envy should be known about in the original (...) position. The consequences for Rawlsian theory—both substantive and methodological—are discussed. (shrink)

This chapter contains sections titled: What Are Fundamental Principles of Justice? Justice, Human Needs and Moral Capacities The Social Role of a Conception of Justice Justice and the Human Good Methodological Remarks Notes.

A central and fundamental problem in moral philosophy is that of understanding how moral principles and theories can be justified. It involves finding rational solutions to both theoretical problems and to substantial moral questions . According to Moral Intuitionism, some normative judgments, usually called moral intuitions, justify moral principles and theories. Typically, moral intuitionists promise a method that is supposed to yield progress toward finding the answers to ethical disputes and controversies. ;I argue, first, that all versions of (...) moral intuitionism must assume that there are moral facts and that moral judgments are descriptions of these facts. Next, I consider whether these assumptions are defensible. I focus on an argument based on a claim that we have no reason to believe that any moral facts exist, because no such facts need to be postulated in our best explanations of anything. I analyze several recent replies to this line of attack, and I argue that none meets the challenge. ;Finally, I propose a reply which seems to meet a number of relevant theoretical requirements: it allows us to say that some moral judgments are true because they correspond to facts, and those judgments are sometimes justified. I argue, however, that even this version of moral realism has serious flaws. It implies that the content of moral language is community relative. That is, such sentences as 'Jews ought to be exterminated' have to be treated as ambiguous, expressing several different propositions, some true and some false. In consequence, when a Nazi issues such a judgment, he may be making a claim that is neither false nor unjustified. ;I conclude that Moral Intuitionism does not help to reach rational solutions to moral disputes and disagreements. Therefore, this view should be rejected, and we should look elsewhere for a method that would solve both theoretical and substantial problems of justification in ethics. (shrink)

The consequences of correctly implementing a normative political theory arguably bear on its acceptability. A theory whose correct implementation permits slavery is highly implausible. We defend a claim about incorrect implementation. We argue that normative political theories that will predictably be put to bad use deserve harsher assessments than theories that will predictably be put to better use. Theories that key political actors will predictably invoke to justify bad policy recommendations are bad theories, even if those recommendations are not logical (...) consequences of the theories (even in conjunction with well-established factual propositions). However, standard discussions of political theories ignore such “misapplications” when it comes to assessing the principles and values proclaimed by those theories. We reject this view because the action guidance that a normative political theory effectively provides is mediated by political actors’ prior beliefs. At the limit, these actors may regard public policies as specifying principles that the theory proclaims, as something different from regarding such policies as causally effective in achieving the ends or enforcing the rights proclaimed by those principles. As a result, political actors see themselves as exempted from the need to undertake careful causal analysis. Morally defensible action guidance requires, then, that those principles be qualified by empirically-grounded policy constraints. Normative political theories qualified in those ways constitute theoretical improvements, that is, improvements on the action guidance that the theories provide on their own. (shrink)

The nature of moral facts, and their relationship to rationality, imagination and sentiment, have been central and pressing issues in recent moral philosophy. In this paper, I discuss and criticise a meta-ethical theory put forward by Alison Denham, which views moral facts as being constituted by the responses of ideal, empathetic agents. I argue that Denham’s account is radically unstable, in that she has given us an account of the nature of such agents which is inconsistent with an (...) independently plausible principle relating to concept acquisition. I go on to discuss one line of defence that Denham might employ, but argue that taking such a line entails abandoning what she takes to be an important advantage of her account over rival ideal-observer theories such as Michael Smith’s. (shrink)

Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy (...) of 'practice' over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation. (shrink)

Legal and sociological theories of sovereignty disagree about the role of legal and social matters in grounding state power. This paper defends a constructivist view, according to which the constitution is a judgment of practical reason. The paper argues that a constitution sets out a comprehensive institutional architecture of social life in terms of principles and official roles that are necessary for any legitimate scheme of social cooperation to exist. It follows that legal and sociological theories of sovereignty capture (...) only part of the truth of sovereignty. Legal reasoning engages with political power, but it is not determined by it. There is no causal chain between power and validity, as suggested by the legal positivists. The relation between power and law is interpretive, not causal. It follows that the circularity of law and the constitution, namely the fact that the law makes the constitution and the constitution makes the law, is not a vicious circle. It is part of an ordinary process of deliberation. (shrink)

I argue that, in order to address the ideal world problem while remaining faithful to our concept of morality, Contractualists should no longer determine which actions I must perform by seeing whether they accord with certain principles for the general regulation of behavior. Instead, I argue, Contractualists should determine whether it is right or wrong for me to perform an action by evaluating any maxim that might be reflected by my action. I call the resulting view “Maxim Contractualism.” It (...) states that an agent’s action is morally required just in case any maxim that he might adopt that involves not performing that action is one that someone could reasonably reject. Finally, I argue that, although Act Contractualism also provides us with the materials to solve the Ideal World Problem, it is a worse solution because it cannot account for the fact that, sometimes, what would happen if I performed an action over time is relevant to whether I am permitted to perform that action right here, right now. (shrink)

The concern of this essay is to reveal the way in which an architecture of Humean and Cartesian thought, taken for granted by both analytical and critical approaches to legal theory, has stood in the way of demonstrating that facts can be justifications of judicial decisions without recourse to an additional layer of moral or political justification. The inability to demonstrate the normativity of legal facts or state affairs has been the single most serious defect in traditions of (...) pragmatic thought about law (e.g. in legal realism and its contemporary descendants such as critical legal studies, feminist and critical race theory, socio-legal studies etc.). The analysis in this essay provides an argument for abandoning many taken for granted oppositions which inhibit pragmatic and realist approaches to law. These include the stark oppositions between: hermeneutic and causal explanation in law; reasons for decisions and reasons why decisions were reached; normative factors and pure fact etc. The author's chief concern is to demonstrate the possibility of uniting the logic of judicial reasoning with the logic of factual context, and to demonstrate that justification in law is not to be identified with the justification of ethical propositions. (shrink)

The American philosophical tradition emphasizes the role of experience as part of philosophical discourse and scholarship. Individuals like Henry Bugbee and Henry David Thoreau described their experiences walking, for example, and connected these experiences with philosophical concepts. My overall contention is to remind us of the importance of sport experiences for our scholarly work. In Part One, I outline the nature of experience and why this is crucial for sport philosophers and sport philosophy. In Part Two, I turn to the (...) process of reflecting on experience, exploring how reflection happens and the import of reflection for our lives and writing. Finally, in Part Three, I move to the writing process related to sport experiences. The manner in which we articulate philosophic principles and arguments, even though these points may be written in third-person, may also be informed by and through an experiential lens. (shrink)

A Moderate Anti-realist approach to truth and meaning, built around the concept of knowability, will be introduced and argued for in this essay. Our starting point will be the two fundamental anti-realists principles that claim that neither truth nor meaning can outstrip knowability and our focus will be on the challenge of adequately formalizing these principles and incorporating them into a formal theory. Accordingly, the author will introduce a MAR truth operator that is built on a distinction between (...) being true and being factual. He will show then that this approach partitions propositions into eight classes, on the basis of their knowability. We will then ask the following question: Given the anti-realist principles, what kind of theory of propositional meaning can properly explain the meaninglessness of fully unknowable propositions? This question will lead us to the claim that the meaning/content of propositions should be identified not with the set of possible worlds in which the propositions are true/factual, but rather in which they are known. This modified approach will then be used to analyze both the Liar Paradox and the Strengthened Liar. To anticipate the conclusion of this essay, it will be shown that a MAR framework can render definite truth and factuality values to the Liar sentence and it will also confirm our intuition that such paradoxical sentences are devoid of proper meaning. (shrink)

The great biologist Louis Pasteur suppressed 'awkward' data because it didn't support the case he was making. John Snow, the 'first epidemiologist' was doing nothing others had not done before. Gregor Mendel, the supposed 'founder of genetics' never grasped the fundamental principles of 'Mendelian' genetics. Joseph Lister's famously clean hospital wards were actually notorious dirty. And Einstein's general relativity was only 'confirmed' in 1919 because an eminent British scientist cooked his figures. These are just some of the revelations explored (...) in this book. Drawing on current history of science scholarship, Fabulous Science shows that many of our greatest heroes of science were less than honest about their experimental data and not above using friends in high places to help get their ideas accepted. It also reveals that the alleged revolutionaries of the history of science were often nothing of the sort. Prodigiously able they may have been, but the epithet of the 'man before his time' usually obscures vital contributions made their unsung contemporaries and the intrinsic merits of ideas they overturned. These distortions of the historical record mostly arise from our tendency to read the present back into the past. But in many cases, scientists owe their immortality to a combination of astonishing effrontery and their skills as self-promoters. (shrink)

Collingwood's... descendants... will be engaged in conceptual analysis not unlike other modern forms of conceptual analysis but not so isolated, in principle and in practice, from the panorama of the human past, from the rich diversity of contemporary cultures, and from the perplexities of individual experience in art, religion, the privacies of thought, and the publicity of action. They will search out the a priori elements in experience and the empirical genesis of thought. They may try, although they will surely (...) fail, to make the scope of philosophy as wide as life itself, and this attempt would at least be not unwelcome in a time when some of the descendants of Socrates try, although they too will fail, to make the scope of philosophy as narrow as an academic department. Louis O. Mink. (shrink)

Similar to parasites, cancer cells depend on their hosts for sustenance, proliferation and reproduction, exploiting the hosts for energy and resources, and thereby impairing their health and fitness. Because of this lifestyle similarity, it is predicted that cancer cells could, like numerous parasitic organisms, evolve the capacity to manipulate the phenotype of their hosts to increase their own fitness. We claim that the extent of this phenomenon and its therapeutic implications are, however, underappreciated. Here, we review and discuss what can (...) be regarded as cases of host manipulation in the context of cancer development and progression. We elaborate on how acknowledging the applicability of these principles can offer novel therapeutic and preventive strategies. The manipulation of host phenotype by cancer cells is one more reason to adopt a Darwinian approach in cancer research. -/- . (shrink)

Summary Descartes' two treatises of corpuscular-mechanical natural philosophy—Le Monde (1633) and the Principia philosophiae (1644/1647)—differ in many respects. Some historians of science have studied their significantly different theories of matter and elements. Others have routinely noted that the Principia cites much evidence regarding magnetism, sunspots, novae and variable stars which is absent from Le Monde. We argue that far from being unrelated or even opposed intellectual practices inside the Principles, Descartes' moves in matter and element theory and his adoption (...) of wide swathes of novel matters of fact, were two sides of the same coin—that coin being his strategies for improving the systematic power, scope and consistency of the natural philosophy presented in the Principia. We find that Descartes' systematising strategy centred upon weaving ranges of novel matters of fact into explanatory and descriptive narratives with cosmic sweep and radical realist Copernican intent. Gambits of this type have recently been labelled as ‘cosmographical’ (the natural philosophical relating of heavens and earth in contemporary usage). Realist Copernican natural philosophers, from Copernicus himself, through Bruno, Gilbert and Galileo did this to varying degrees; but, we suggest, Descartes presented in Books III and IV of the Principia the most elaborate and strategically planned version of it, underneath the ostensible textbook style of the work. (shrink)

There are three ways in which descriptive claims stating non-normative facts might bear on normative claims such as principles of social justice and human rights. They may identify (a) specific occasions that trigger application, (b) conditions of feasible implementation, and (c) certain sources of value. The first relation is obvious but important: norms cannot be applied without stating circumstances that make their application relevant. The second relation is also important, as norms that cannot be fulfilled are deficient for (...) guiding social practices and institutional design. The first relation is widely accepted and discussed, and I will not say much about it here. I will say more about the second relation, but not much more because I have discussed it in detail in my writings on feasibility. In this paper, my main focus is on the third relation, which remains underexplored in the relevant literature. After identifying the three relations between facts and norms as they arise in recent discussions in political philosophy, I offer an account of their significance by articulating a specific view that I call ‘dignitarianism’. According to dignitarianism, at least some of the central norms concerning the treatment of an entity depend on the inherent dignity of that entity. Human rights offer a paradigmatic case of dignitarianism, and I concentrate on them to explore the relations between facts, norms, and dignity. (shrink)

The distinctions among facts, propositions, and events are supported by linguistic analyses segregating factive, propositional, and eventive predicates. The concepts of fact, proposition, and event may be basic categories of human understanding, as well as being ontologically significant. FPE theory was developed in part to reject the identification of facts with true propositions. The degree of ‘fineness’ of individuations within each category results from how closely event-, fact-, or proposition-individuation mirrors linguistic semantic structure. Event structure is not reflected (...) in many event phrases. Fact- and proposition-structure typically does reflect semantic structures of factive and propositional clauses. The relevant properties for event individuation are all expressible by eventive predicates. Fact and proposition individuation is not as straightforward, because so many factives and propositionals do not express properties relevant to the Leibnizian principle. The intractability of proposition individuation may be overcome through an explanation of fact cognition. (shrink)

The Philosophy of Rhetoric is widely regarded as the most important work of a theory of rhetoric produced in the 18th century. Campbell's work engages such themes in an attempt to formulate a universal theory of human communication. Campbell attempts to develop his theory by discovering deep principles in human nature that account for all instances and kinds of human communication. He seeks to derive all communication principles and processes empirically. In addition, all statements in discourse that have (...) to do with matters of fact and human affairs are likewise to be empirically derived. Thus, his theory of rhetoric is vastly wider than, and different from, such classical theories as those proposed by Aristotle, Cicero, and Quintilian, whose theories focused on discourse related to civic affairs. By attempting to elaborate a general theory of rhetoric through empirical procedures, Campbell's project reveals the limitations of his method. He cannot ground all statements empirically and it is at this point that his theological position comes into play. Inspection of his religious views shows that God's design of human nature, and God's revelations to humankind, make moral and spiritual truths known and quite secure to human beings, although not empirically. (shrink)

The term "positivism" is generally used to refer to philosophical approaches that involve the acceptance of a verifiability principle. In this book, however, Richard Miller uses the term with a somewhat different sense, according to which "positivism is the assumption that the most important methodological notions--for example, explanation, confirmation and the identification of one entity with another--can each be applied according to rules that are the same for all sciences and historical periods, that are valid a priori, and that only (...) require knowledge of the internal content of the propositions involved for their effective application". Miller maintains that positivism, so understood, is fundamentally flawed. At the same time, however, he does not wish to embrace either a relativistic view of scientific theories--such as has been advanced by Thomas Kuhn, Paul Feyerabend, and Richard Rorty--or an antirealist view--defended, for example, by Bas van Fraassen. Miller attempts, therefore, to develop an alternative approach to the philosophy of science that, on the one hand, will avoid the difficulties which positivism encounters, and, on the other, will provide a satisfactory foundation for a defense of scientific realism. (shrink)

Published here for the first time in paperback is much of a final and long-anticipated work on philosophy of history by the renowned Oxford philosopher, historian, and archaeologist R. G. Collingwood. The original text of this uncompleted work was only recently discovered in the archives of Oxford University Press. Also found there were two conclusions written by Collingwood for lectures which were eventually revised and published as The Idea of Nature, but which have relevance to his philosophy of history as (...) well. These pieces are included in this volume, accompanied by further short writings by Collingwood on historical knowledge and inquiry, selected from previously unpublished manuscripts held at the Bodleian Library, Oxford. All these writings, besides containing entirely new ideas, discuss further many of the issues which Collingwood is famous for having raised in The Idea of History and in his Autobiography.A lengthy editorial introduction sets these writings in their context, and discusses philosophical questions to which they give rise. The editors also consider why Collingwood left The Principles of History unfinished at his death, and what significance should be attached to the fact that it contains no reference to one of his best-known ideas: that of historical understanding as re-enactment. This volume will be a significant publication not just in Collingwood studies but in philosophy of history generally. (shrink)

Liberalism and Distributive Justice discusses liberalism, capitalism, distributive justice, and John Rawls's difference principle. Chapters are organized in a narrative arc: from liberalism as the dominant political and economic system, to the laws governing interpersonal transactions in liberal society, to basic economic and political institutions that determine distributive justice.

The article is based on the analysis and summary of the design process of the work of the Chinese author "Stone. Inversion. Vessel". It examines three key aspects of the development of environmental design. Firstly, it is a combination of modern technologies with aesthetic representations of traditional Chinese culture. Through the study of the project, it is demonstrated how traditional Chinese art can be combined with modern technologies when creating a design object. Secondly, the project highlights the features of the (...) development of design in the modern era. It is characterized by problems of volatility, uncertainty, complexity and ambiguity, which can be mitigated through interdisciplinary integration with the use of the latest technologies. Environmental design, thanks to the multifaceted concept of "environment", meets the conditions of development of the modern era. Thirdly, the article focuses on the fact that the communication of the subjects of the creative process is based on the images embodied in a specific project. Environmental design as an interdisciplinary field is based on the methods of different scientific fields, since the environment that changes under the influence of human activity is not the same. In the proposed article, the author uses the art criticism method when describing blue-and-green landscape painting, and also assigns a large role to the communicative method of sociology developed by the American scientist Harold Dwight Lasswell. The novelty of the research lies in the fact that the author was able to show the possibility of a harmonious combination of modern 3D modeling technologies with the traditional Chinese art of blue-and-green landscape painting (青绿山水 qīng lǜ shān shuǐ). In other words, a planar image turns into a design object, with the help of which can be realized various spatial combinations. Through artistic thinking, one can enjoy not only the functional, but also the aesthetic possibilities of the design object. So, in the described project, the author focuses on the imagination of the observer, forcing him to climb a mountain peak, but inside the building. This is how communication takes place between the author, the "viewer" and the project itself. The image is the basis of communication between various objects of the environment involved in the design process. The creative process combines the material (functional) and spiritual (image-induced) needs of a person. Environmental design, through the synthesis of spiritual and material, establishing communication between design objects and integrating disciplines through the prism of an image, explores how design affects human activity. (shrink)

John D. Barrow and Frank J. Tipler's recently published Anthropic Cosmological Principle is an encyclopedic defense of melioristic evolutionary cosmology. They review the history of the idea from ancient times to the present, and defend both a “weak” version, and two “strong” versions of the anthropic principle. I argue the weak version of the anthropic principle is true and important, but that neither of the two strong versions are well grounded in fact. Their “final” anthropic principle is a revision of (...) Teilhard de Chardin's evolutionary cosmology. They rectify Teilhard's factual errors but commit even more serious psychological and religious errors of their own. (shrink)

Some compatibilists believe that the principle of alternative possibilities has been shown to be false by Frankfurt-style arguments, and this gives way to the compatibility of causal determination with moral responsibility. Those incompatibilists who defend the principle of alternative possibilities, on the other hand, insist on the truth of the principle and on the incompatibility of causal determination with moral responsibility. In this article, I argue that Frankfurt-stylecounterexamples are unsuccessful in indicating the falsity of the principle of alternative possibilities, and (...) yet this failure is inconclusive to prove the correctness of incompatibilism. In fact, the principle of alternative possibilities is, I show, compatible with causal determination and thus with compatibilism on a specificunderstanding of determinism and compatibilism. (shrink)

The secession issue appears to many contemporary thinkers to reveal a fatal flaw in the idea of national self-determination. The question is whether national minorities who come to want to be politically self determining should be allowed to separate from the parent state and form one of their own. Here the idea of national self-determination may lead us in one of two opposing directions. If the minority group in question regards itself as a separate nation, then the principle seems to (...) support its claims: if the Québécois or the Catalans come to think of themselves as having national identities distinct from those of the Canadians or the Spanish, and to seek political independence on that basis, then if we are committed to national self-determination we should support their claims. But we then face the challenge that once national identities begin to proliferate there is no feasible way of satisfying all such claims, given elementary facts of geography and population spread. (shrink)

I distinguish among a range of distinct representational devices, which I call "frames", all of which have the function of providing a perspective on a subject: an overarching intuitive principle or for noticing, explaining, and responding to it. Starting with Max Black's metaphor of metaphor as etched lines on smoked glass, I explain what makes frames in general powerful cognitive tools. I distinguish metaphor from some of its close cousins, especially telling details, just-so stories, and analogies, in ordinary cognition and (...) communication. And I use these distinctions to illustrate different sorts of gaps that frames or models can open up between representation and reality. (shrink)

This article addresses the long-standing problem of how to understand Mill’s famous harm principle in light of his failure to specify what counts as “harm” in On Liberty. I argue that standard accounts restricting “harm” to only certain negative consequences fail to do justice to the text, and that this fact forces us to rethink Mill’s defense of individual liberty. I then offer a new account of that defense in which “harm” is understood in an expansive sense, despite apparent problems (...) for such a view. (shrink)

Freedom as an authentic and willed process, characteristic of man as a human rational being, enables the individual to act in accordance with the principles of morality, since the individual can choose between good and evil, and in this way to get out of the sphere of the given to which the rest of the living world is limited. We should recall the forgotten Marx and his famous text on the essential difference between the animal world and humanity as (...) a genus: "The animal is immediately united with its vital activity. It does not differ from it. It is vital activity. Man makes his own vital activity the subject of his will and consciousness. He has conscious vital activity. This is not a determination with which he merges immediately. Conscious vital activity distinguishes man directly from animal vital activity. It is exactly in this way alone that he is a generic being. Or a conscious being, i.e. his own life is a subject for him precisely because he is a generic being. It is only for this reason that his activity is free activity...". In other words, while animals live just the life of their species and cannot choose anything else, since the choice has been made by the fact of their belonging to a species, man can choose the world in which to live, overcoming in this way the natural givens. Here lies the core of the anthropological explanation of the principle of morality, inconceivable without man's ability to be an authentic free being. Sloboda kao autenticni voljni proces, svojstven coveku kao ljudskom umnom bicu, omogucuje individui da postupa u skladu sa nacelima moralnosti, buduci da individua moze da bira izmedju dobra i zla i da na taj nacin izadje iz sfere datosti na koju je ogranicen ostali zivi svet. Podsetimo se zaboravljenog Marxa i cuvenog teksta o sustinskoj razlici izmedju sveta zivotinjskih vrsta i coveka kao roda:?zivotinja je neposredno jedinstvena sa svojom zivotnom delatnoscu. Ona se od nje ne razlikuje. Ona je zivotna datost. Covek cini samu svoju zivotnu delatnost predmetom svoga htenja i svoje svesti. On ima svesnu zivotnu delatnost. To nije odredjenost s kojom se on neposredno stapa. Svesna zivotna delatnost razlikuje coveka neposredno od zivotinjske zivotne delatnosti. On je upravo samo na taj nacin genericko bice. Ilije samo svesno bice, tj. njegov vlastiti zivot mu je predmet upravo zato sto je genericko bice. Samo zato je njegova delatnost slobodna delatnost...". Drugim recima, dok zivotinjski svet zivi samo zivotom svoje vrste i ne moze da izabere nista drugo, on je srastao sa vrstom kojoj pripada, covek moze da bira svet u kojem ce ziveti prevazilazeci na taj nacin prirodnu datost. Ovde je sadrzana bit antropoloskog objasnjenja principa moralnosti, koji se bez sposobnosti coveka da bude autenticno slobodno bice ne bi mogao pojmiti.. (shrink)

This paper is about the relationship between two widely accepted and apparently conflicting claims about how we should understand the notion of ‘reason giving’ invoked in theorising about reasons for action. According to the first claim, reasons are given by facts about the situation of agents. According to the second claim, reasons are given by ends. I argue that the apparent conflict between these two claims is less deep than is generally recognised.