Recht als zwaard en schild: Fraenkels Dual State en de rechtspraktijk in het Derde Rijk De laatste jaren kan het werk van Ernst Fraenkel op hernieuwde belangstelling rekenen. Dit review essay bespreekt zijn magnus opum The Dual State waarin Fraenkel de rechtspraktijk in nazi-Duitsland analyseerde, evenals het boek The Remnants of the Rechtsstaat: An Etnography of Nazi Law over Fraenkels leven en werk, geschreven door Jens Meierheinrich. In The Dual State laat Fraenkel zien hoe de rechtspraktijk in nazi-Duitsland een tweeledige (...) vorm aanneemt, waarin het recht enerzijds zijn geldigheid behoudt, maar anderzijds onderworpen is aan de politieke wil van de machtshebbers. Op deze manier nuanceert Fraenkel op belangrijke wijze het gangbare begrip van de rol van het recht en het rechtspositivisme in het Derde Rijk. Ook biedt zijn werk relevante aanknopingspunten voor de hedendaagse studie van illiberale en autoritaire regimes. (shrink)

On aborde ici la question du statut du corps et des figurations du corps politique dans la Révolution française. Il s’agirait de savoir si les révolutions démocratiques des temps modernes amorcent un processus de désincorporation du social oů, ŕ partir du régicide se défait l’hypostase du Corpus Mysticum – ou si l’on assiste ŕ une mouvement inverse de réincorporation, ŕ un simple transfert de souveraineté du corps déchu du monarque au Corps régénéré du peuple ou de la Nation. On examinera (...) ainsi, ŕ travers l’analyse des figurations du corps, la question du régicide ŕ la Terreur et les fondaments du discours et de la politique des Jacobins. (shrink)

Alva Noë’s version of the enactive conception in _Action in Perception_ is an important contribution to the study of visual perception. First, I argue, however, that it is unclear (at best) whether, as the enactivists claim, work on change blindness supports the denial of the existence of detailed visual representations. Second, I elaborate on what Noë calls the ‘puzzle of perceptual presence’. Thirdly, I question the enactivist account of perceptual constancy. Finally, I draw attention to the tensions between enactivism and (...) two trends in cognitive neuroscience: the two-visual systems model of human vision and the theory of internal forward models of action. (shrink)

This article argues that Epictetus employs the terms orexis and hormê in the same manner as the older Stoics. It then shows, on the basis of this claim, that the older Stoics recognized a distinction between dispositional and occurrent forms of motivation. On this account of Stoic theory, intentional action is in each instance the product of two forms of cognition: a value ascription that attributes goodness or badness to some object, conceiving of its possession as beneficial or harmful to (...) the agent, together with a situational judgment about appropriate action. The resulting interpretation suggests that the Stoic theory of motivation as a whole — and not merely the Stoic analysis of the pathê — has the basic shape of a practical syllogism, with more psychological depth than commentators have recognized. (shrink)

According to the Generality Constraint, mental states with conceptual content must be capable of recombining in certain systematic ways. Drawing on empirical evidence from cognitive science, I argue that so-called analogue magnitude states violate this recombinability condition and thus have nonconceptual content. I further argue that this result has two significant consequences: it demonstrates that nonconceptual content seeps beyond perception and infiltrates cognition; and it shows that whether mental states have nonconceptual content is largely an empirical matter determined by the (...) structure of the neural representations underlying them. (shrink)

Substituted judgment has increasingly become the accepted standard for rendering decisions for incapacitated adults in the USA. A broad exception exists with regard to patients with diminished capacity secondary to depressive disorders, as such patients’ previous wishes are generally not honoured when seeking to turn down life-preserving care or pursue aid-in-dying. The result is that physicians often force involuntary treatment on patients with poor medical prognoses and/or low quality of life as a result of their depressive symptoms when similarly situated (...) incapacitated patients without such depressive symptoms would have their previous wishes honoured via substituted judgment. This commentary argues for reconsidering this approach and for using a substituted judgment standard for a subset of EMP/LQL patients seeking death. (shrink)

There are two competing views regarding the role of mechanistic knowledge in inferences about the effectiveness of interventions. One view holds that inferences about the effectiveness of interventions should be based only on data from population-level studies (often statistical evidence from randomised trials). The other view holds that such inferences must be based in part on mechanistic evidence. The competing views are local principles of inference, the plausibility of which can be assessed by a more general normative principle of inference. (...) Bayesianism tells us to base inferences on both the ‘likelihood’ and the ‘prior’. The likelihood represents statistical evidence. One influence on the prior probability of a hypothesis like ‘d causes x’ is mechanistic knowledge of how d causes x. Thus, reasoning about such inferences by appealing to both statistical and mechanistic evidence is vindicated by our best general theory of inference. The primary contribution of this paper is to assess the merits and weaknesses of the arguments on both sides of the debate, using the Bayesian framework. This analysis lends support to those who argue that we should base our causal inferences about interventions in part on mechanistic evidence. (shrink)

The phenomenon of disagreement has recently been brought into focus by the debate between contextualists and relativist invariantists about epistemic expressions such as ‘might’, ‘probably’, indicative conditionals, and the deontic ‘ought’. Against the orthodox contextualist view, it has been argued that an invariantist account can better explain apparent disagreements across contexts by appeal to the incompatibility of the propositions expressed in those contexts. This paper introduces an important and underappreciated phenomenon associated with epistemic expressions — a phenomenon that we call (...) reversibility. We argue that the invariantist account of disagreement is incompatible with reversibility, and we go on to show that reversible sentences cast doubt on the putative data about disagreement, even without assuming invariantism. Our argument therefore undermines much of the motivation for invariantism, and provides a new source for constraints on the proper explanation of purported data about disagreement. (shrink)

In the last several years, there has been an uptick of scholarly interest in Aristotelian theories of efficient causation. Much of this interest has focused on the late scholastic figure Francisco Suárez (1548-1617). This paper clarifies an important but neglected aspect of Suárez's theory of efficient causation—namely, his account of active causal powers. Like other Aristotelians, Suárez understands active causal powers as features that enable their subjects to perform certain sorts of actions. For example, a fire is able to heat (...) in virtue of its power or capacity for heating. However, it is not immediately clear which items in an Aristotelian ontology perform the role of an active power. The paper explains and motivates Suárez's answer to this question, and shows how this answer influences his position in a scholastic controversy about the causal roles of substantial and accidental forms in substantial change. (shrink)

Using video recordings of draft meetings conducted as part of an intramural basketball program as data, this conversation analytic study examines the use of an incomplete utterance in a joint evaluative activity. In particular, we focus on how the participants, volunteer coaches, who meet to draft players for their respective teams, produce a syntactically incomplete utterance as a means to critically assess a player, a non-present third party to the interaction. Analysis reveals that the participants use an incomplete utterance as (...) part of dispreferred design; it allows them to withhold articulating overt criticism of others. By trailing off where the criticism is due, the participants display reluctance to verbalize what is to be said and treat its articulation as delicate. The syntactic structure of the utterance that includes a contrastive conjunction and accompanying embodied actions such as head shakes help them convey a critical stance. We examine the use of incomplete utterances in both agreement and disagreement sequences; the recipients display their unproblematic understanding of the critical assessment and respond by providing their own assessments that either affiliate or disaffiliate with the conveyed critical stance. (shrink)

Intentionality is the power of minds to be about, to represent, or to stand for, things, properties and states of affairs. The puzzles of intentionality lie at the interface between the philosophy of mind and the philosophy of language. The word itself, which is of medieval Scholastic origin, was rehabilitated by the philosopher Franz Brentano towards the end of the nineteenth century. ‘Intentionality’ is a philosopher's word. It derives from the Latin word intentio, which in turn derives from the verb (...) intendere, which means being directed towards some goal or thing. The entry falls into eleven sections. (shrink)

How is what an agent ought to do related to what an agent ought to prefer that she does? More precisely, suppose we know what an agent’s preference ordering ought to be over the prospects of performing the various courses of action open to her. Can we infer from this information how she ought to act, and if so, how can we infer it? One view (which, for convenience, I will call ‘actualism’) is that an agent ought to  just (...) in case she ought to prefer the prospect of her -ing to the prospect of her not -ing. Another view (which, for convenience, I will call ‘possibilism’) is that an agent ought to  just in case she ought to prefer the prospect of some maximally specific option that involves her -ing to the prospect of any maximally specific option that does not involve her -ing (with the quantifiers appropriately restricted). After making some preliminary clarifications in part 1, I will discuss actualism and possibilism in parts 2 and 3, respectively. I will argue, in part 2, that actualism is very far from the truth. And I will argue, in part 3, that while the standard version of possibilism faces significant problems, there are much better versions of possibilism that avoid the objections to the standard view. Ultimately, however, I will argue that even the best forms of possibilism are not acceptable. Then, in part 4, I will propose what I take to be the best view, one that is neither strictly possibilist nor actualist, and that avoids the shortcomings of both these views. (shrink)

Lightweight rowing – the most commonly used term for the weight category in rowing’s often bifurcated categorisation system – is under credible threat of being eliminated at virtually all levels of rowing in Canada and the U.S. The health concerns associated with weight loss reflect the most problematic aspects of lightweight rowing, where the acceptable limits of harm that one must tolerated in sport is brought into question. Also, such category protection seems arguably unnecessary, especially for lightweights who are nearly (...) as competitive as their openweight counterparts. This prompts reflection on the purpose and policies behind these categories. The justification for weight categories is scant or has simply been assumed as legitimate within the status quo. In the absence of any constructive debate on the topic, I will attempt to articulate the neglected rationale for why lightweight rowing ought to exist despite its apparent problems. In doing so, suggestions for further rules and policy improvements to lightweight rowing will be identified. (shrink)

In this study, I clarify and defend the critique of the ‘sages’ and ‘robbers’ that is found in the _Zhuangzi_. As detailed in Chapter 8 of the _Zhuangzi_, both the (non-Daoist) ‘sages’ and ‘robbers’ are equally responsible for society’s ills. This is because both the ‘sages’ and ‘robbers’ are perceptually alienated from nature. This perceptual alienation involves the inability to perceive nature as fundamentally indeterminate (_wu_, 無). The Daoist alternative to the ‘sages’ and ‘robbers’ is to cultivate awareness of our (...) interdependence with nature. This study calls this process an ‘attunement to nature’ or, as Chapter 8 describes it, to not depart from ‘the actuality of their endowed circumstances’ (其性命之情) and to ‘see oneself when you see others/things’ (自見而見彼). Attunement involves an awareness of how nature primordially forms an indeterminate continuum (_wu_). (shrink)

Recent proposals for human-centered AI (HCAI) help avoid the challenging task of specifying an objective for AI systems, since HCAI is designed to learn the objectives of the humans it is trying to assist. We think the move to HCAI is an important innovation but are concerned with how an instrumental, economic model of human rational agency has dominated research into HCAI. This paper brings the philosophical debate about human rational agency into the HCAI context, showing how more substantive ways (...) to understand human objectives may improve HCAI. We contrast the economic approach with two more substantive modern alternatives: the realist and constructivist approaches to human rational agency. The realist approach holds that rational agents pursue what is good, while the constructivist approach holds that rational agents make autonomous choices. We illustrate each by considering its implications for fine-tuning large language models for chatbots such as ChatGPT. (shrink)

Welfarism is the view that individual welfare is the only thing that matters. One important contribution of social choice theory has been to provide a precise formulation and axiomatic characterization of welfarism using Amartya Sen's framework of social welfare functionals. This paper is motivated by the observation that the standard formalization of welfarism is too restrictive, since a welfarist social planner need not be committed to maximizing a preference ordering or any other binary relation over alternatives. We therefore provide a (...) characterization of welfarism in a more general choice-functional setting and show that welfarism, so understood, carries no commitment to rationalizability. This characterization is compatible with welfare values having any structure whatsoever. It also sheds light on different formulations of anonymity, revealing only some of these to be fundamental requirements of impartiality. (shrink)

This chapter rehearses the historical discourse over pornography with the intent of orienting the reader to the discourse and motivating a more constructive approach to dealing with pornography. Topics covered include pornography and obscenity law in the context of First Amendment protections to freedom of speech, pornography as harmful, including the arguments that pornography causes sexual violence or foments discrimination, the value of pornography, and whether pornography in general, and pornographic films in particular are art. The overall approach to this (...) chapter is exploratory and the conclusions offered are tentative. The goal of this piece is simply to motivate a more robust understanding of pornography, its place in society, and its place in the artworld. (shrink)

Early-Modern Irish Catholics exiled on the European continent are known to have often held prominent academic positions in various important colleges and universities. This paper investigates the hitherto unknown Scholastic legacy of the Dublin-born Jesuit John Austin (1717–84), a famous Irish educator who started his career teaching philosophy at the Jesuit college of Rheims in 1746–47, before returning to the country of his birth as part of the Irish Mission. These manuscript lecture notes provides us first-hand knowledge about the content (...) of French Jesuit education in the middle of the eighteenth century, which does not correspond to its classical reputation of ‘Aristotelian’ scholasticism opposed to philosophical novelties. While stitching to a traditional way of teaching, Austin introduces positively elements from Descartes, Malebranche, Locke and Newton into the curriculum. The present paper focuses on his conception of philosophical certitude (certitudo), which he considered a necessary condition for the possibility of philosophical knowledge. (shrink)

This article analyses 2001 in terms of what I term paleofuturism. Fusing deep future and deep past, this cyclical figure reconciles rational machinic intelligence with diverse repressed temporal layers: archaic cultures, the embryonic state of individuals, and bygone biological and geological eras. In 2001, paleofuturism is nourished by Nietzsche’s Übermensch of the future, reborn as a child, and by Jungian ideas of individuation, the reconciliation with the shadow of the collective unconscious that leads to the black cosmos itself. Further paleofuturist (...) contexts for 2001 are explored in the so-called “ancient astronaut thesis” of science fiction, speculative science, and pseudo-science. Finally, in minimalism and earth art of the late 1960s we meet a structural parallel to 2001’s bypassing of the organic human body, one that bridges the inorganic entropic realities of deep future and deep past. (shrink)

A proposal for an objective interpretation of probability is introduced and discussed: probabilities as deriving from ranges in suitably structured initial-state spaces. Roughly, the probability of an event on a chance trial is the proportion of initial states that lead to the event in question within the space of all possible initial states associated with this type of experiment, provided that the proportion is approximately the same in any not too small subregion of the space. This I would like to (...) call the “natural-range conception” of probability. Providing a substantial alternative to frequency or propensity accounts of probability in a deterministic setting, it is closely related to the so-called “method of arbitrary functions”. It is explicated, confronted with certain problems, and some ideas how these might be overcome are sketched and discussed. (shrink)

In 1844, Johann Kaspar Schmidt, under the pen name “Max Stirner”, published a blistering critique of contemporary German philosophy, politics, and society called Der Einzige und sein Eigentum. Although Engels praised the book in private letters to Marx upon its arrival, a year and a half later he and Marx went to work demolishing every sentence in a 350-page unpublished manuscript called Saint Max, eventually edited and compiled a century later into the centerpiece of the German Ideology. Saint Max—perhaps the (...) most bombastic, literary, philosophical, polemical text that Marx ever wrote—is rarely read and almost never commented upon, a fact I hope to rectify here. In this paper, I will reconstruct a key debate between Marx and Stirner that occurred from 1843 to 1846 in four texts: Marx’s On the Jewish Question, Stirner’s The Unique and its Property, Marx’s Saint Max, and Stirner’s Stirner’s Critics. (shrink)

Out of a reassertion of old ways, this book presents a new blueprint for future professional conduct.

I try to reconcile Dretske's representational theory of conscious mental states with Rosenthal's higher-order thought (HOT) theory of conscious mental states by arguing that Rosenthal's HOT can make room for the notion of a state of consciousness whereby an invidual may be conscious of an object or property without thereby being conscious of being in such a state.

I offer a response to the explanatory challenge, 'Why is time Markovian?' (i.e., why is it that the future is constrained by the present just as strictly as it is constrained by the entire history of the universe up to and including the present?). My response to this explanatory challenge does not rely on any claims about the ontology of time, undermining a recent empirical argument for Presentism which appeals to the fact that Presentism can be used to address this (...) explanatory challenge. My account shows that we can accept explanatory challenges of this sort, while denying that they lead to any strong metaphysical conclusions. (shrink)

SpanFor generations the elements of humor, poignancy, fantasy, and unfettered morality found within acclaimed children's author Roald Dahl's most famous tales have captivated both children and adults. Editor Jacob M. Held has collected the insights of today's leading philosophers into the significances, messages, and greater truths at which Dahl's rhythmic writing winks, revealing a whole new way to appreciate the creation of a man and mind to which readers of all ages are still drawn. /span...

In traditional epistemology, psychological self-knowledge is taken to be the paradigm of privleged a priori knowledge. According to an influential incompatibilist line of thought, traditional epistemic features attributed to psychological self-knowledge are supposed to be inconsistent with content externalism. In this paper, I examine one prominent compatibilist response by an advocate of content externalism, i.e., Fred Dretske's answer tot he incompatibilist argument, based on the model of displaced perceptual knowledge. I discuss the costs and benefits of his answer.

Né en 1921, Edgar Morin est un penseur connu, mais heureusement pas toujours reconnu dans les milieux scientifiques. Sa ronflante Méthode, qui établit que les effets d’une action échappent souvent à son auteur en provoquant des conséquences méconnues, comble surtout des médias trop heureux d’avoir sous la main un théoricien tout-terrain aux analyses grandiloquentes. D’ailleurs, la femme, l’entreprise, le football, la France, l’Europe, les pays de l’est, les pays arabes, le monde... sont, pour Edgar Morin, complexes. En quelques années, Edgar (...) Morin a ainsi réussi à amener la gauche à jeter Marx et ses analyses tranchées aux poubelles de l’Histoire. Car avec Edgar Morin, c’est beaucoup plus complexe et parfois même un tantinet ésotérique. Il est donc insensé de faire preuve de volontarisme politique. (shrink)

I examine the impact of human metarepresentational abilities on human memory.

Der Staat, wie wir ihn zu kennen glauben, ist geschichtlich und gegenwartig die Ausnahme und nicht die Regel. Doch auch in Raumen begrenzter Staatlichkeit wird regiert, haufig unter Beteiligung privater Akteure und internationaler Organisationen. Der Band untersucht, ob und wie unter diesen Bedingungen legitimes Regieren moglich ist und wem die Verantwortung zukommt, Menschenrechte und demokratische Teilhabe zu gewahrleisten. Der erste Teil des Bandes fragt begrifflich nach den normativen Implikationen von Staatlichkeit. Hieran anschlieaend untersucht der zweite Teil menschenrechts- und gerechtigkeitstheoretische Fragen, (...) die sich aus begrenzter Staatlichkeit und dem Wirken nicht-staatlicher Governance-Akteure ergeben. Die Beitrage des dritten Teils erkunden, welche Implikation begrenzte Staatlichkeit fur das Ideal kollektiver Selbstbestimmung hat. Der vierte Teil des Bandes fragt schliealich, wie das Volkerrecht auf Governance in Raumen begrenzter Staatlichkeit reagieren sollte. (shrink)

I reconstruct the notion of significance [_Sinnhaftigkeit_] in the later Husserl, with attention to his conceptions of judgment and transcendental logic. My analysis is motivated by the idea that an account of significance can help to connect analytic, Anglo-American conceptions of meaning as a precise, law-governed phenomenon investigated via linguistic analysis and Continental European conceptions of meaning in a broader “existential” sense. I argue that Husserl’s later work points to a transcendental-logical conception of a founding level of _significance_ [_Sinnhaftigkeit_] prior (...) to language, and that this conception meets characteristically analytic demands for precision and governance by logical constraints. At the same time, since it is based in descriptions of perceptual intentionality at the level of essential possibility, it leaves room for an account of meaning as a partially undetermined phenomenon of lived experience, and not just of our language and concepts, and thereby meets the characteristically Continental demand to take at face value meaning’s vagueness and indeterminacy in everyday human life. (shrink)