It should come as no surprise that we will get three different answers to the same question since we have three lawyers on the panel. The law is a matter of policy, and there is usually no single “right” answer to these questions. Each lawyer will come to a question from a very different perspective and bring a different approach to the answer.

Functional diversity holds the promise of understanding ecosystems in ways unattainable by taxonomic diversity studies. Underlying this promise is the intuition that investigating the diversity of what organisms actually do—i.e. their functional traits—within ecosystems will generate more reliable insights into the ways these ecosystems behave, compared to considering only species diversity. But this promise also rests on several conceptual and methodological—i.e. epistemic—assumptions that cut across various theories and domains of ecology. These assumptions should be clearly addressed, notably for the sake (...) of an effective comparison and integration across domains, and for assessing whether or not to use functional diversity approaches for developing ecological management strategies. The objective of this contribution is to identify and critically analyze the most salient of these assumptions. To this aim, we provide an “epistemic roadmap” that pinpoints these assumptions along a set of historical, conceptual, empirical, theoretical, and normative dimensions. (shrink)

According to alethic functionalism, truth is a generic alethic property related to lower level alethic properties through the manifestation relation. The manifestation relation is reflexive; thus, a proposition’s truth-manifesting property may be a lower level property or truth itself, depending on the subject matter properties of the proposition. A true proposition whose truth-manifesting property is truth itself, rather than a lower level alethic property, is plainly true. Alethic functionalism relies on plain truth to account for the truth of propositions with (...) challenging subject matter properties, such as logically complex propositions and truth attributions. In this paper, it is argued that plain truth leads to a number of serious problems for alethic functionalism. First: Shapiro argues that plain truth threatens alethic functionalism with collapse to strong alethic monism; it is argued here that collapse is not merely threatened, but that, on pain of contradiction, collapse is immediate. Second, alethic functionalism’s commitment to alethic pluralism requires lower level alethic properties to be ways of being truth, where one property’s being a way of being the other property is irreflexive; thus, alethic functionalism is incoherent due to the conflicting commitments to a manifestation relation which is both reflexive and irreflexive. Third, it is argued that a reflexive manifestation relation leads to the contradiction that a lower level alethic property which manifests truth is both identical to and distinct from truth itself. Fourth, careful examination of the notion of a core truism shows that Objectivity and the correspondence intuition are the only core truisms. Finally, it is argued that the first and fourth problems jointly entail a collapse of alethic functionalism to strong correspondence monism. (shrink)

In this eye-opening look at the doctor-patient decision-making process, physician and law professor Jay Katz examines the time-honored belief in the virtue of silent care and patient compliance. Historically, the doctor-patient relationship has been based on a one-way trust -- despite recent judicial attempts to give patients a greater voice through the doctrine of informed consent. Katz criticizes doctors for encouraging patients to relinquish their autonomy, and demonstrates the detrimental effect their silence has on good patient care. Seeing a growing (...) need in this age of medical science and sophisticated technology for more honest and complete communication between physician and patients, he advocates a new, informed dialogue that respects the rights and needs of both sides. In a new foreword to this edition of The Silent World of Doctor and Patient , Alexander Morgan Capron outlines the changes in medical ethics practice that have occurred since the book was first published in 1984, paying particular attention to the hotly debated issues of physician-assisted suicide and informed consent in managed care. (shrink)

When philosophers defend epiphenomenalist doctrines, they often do so by way of a priori arguments. Here we suggest an empirical approach that is modeled on August Weismann’s experimental arguments against the inheritance of acquired characters. This conception of how epiphenomenalism ought to be developed helps clarify some mistakes in two recent epiphenomenalist positions – Jaegwon Kim’s (1993) arguments against mental causation, and the arguments developed by Walsh (2000), Walsh, Lewens, and Ariew (2002), and Matthen and Ariew (2002) that natural selection (...) and drift are not causes of evolution. A manipulationist account of causation (Woodward 2003) leads naturally to an account of how macro- and micro-causation are related and to an understanding of how epiphenomenalism at different levels of organization should be understood. (shrink)

Embodied cognition is one of the foremost areas of study and research in philosophy of mind, philosophy of psychology and cognitive science. The Routledge Handbook of Embodied Cognition is an outstanding guide and reference source to the key philosophers, topics and debates in this exciting subject and essential reading for any student and scholar of philosophy of mind and cognitive science. Comprising over thirty chapters by a team of international contributors, the Handbook is divided into six parts: Historical Underpinnings Perspectives (...) on Embodied Cognition Applied Embodied Cognition: Perception, Language and Reasoning Applied Embodied Cognition: Social and Moral Cognition and Emotion Applied Embodied Cognition: Memory, Attention and Group Cognition Meta-Topics. The early chapters of the Handbook cover empirical and philosophical foundations of embodied cognition, focusing on Gibsonian, phenomenological and cybernetic approaches. Subsequent chapters cover additional, important themes common to work in embodied cognition, incuding embedded , extended and enactive cognition as well as chapters on embodied cognition and empirical research in perception, language, reasoning, social and moral cognition, emotion, consciousness, memory and learning and development. (shrink)

This chapter provides broad coverage of the notion of logical consequence, exploring its modal, semantic, and epistemic aspects. It develops the contrast between proof-theoretic notion of consequence, in terms of deduction, and a model-theoretic approach, in terms of truth-conditions. The main purpose is to relate the formal, technical work in logic to the philosophical concepts that underlie reasoning.

The subject of this paper is the philosophical problem of accounting for the relationship between mathematics and non-mathematical reality. The first section, devoted to the importance of the problem, suggests that many of the reasons for engaging in philosophy at all make an account of the relationship between mathematics and reality a priority, not only in philosophy of mathematics and philosophy of science, but also in general epistemology/metaphysics. This is followed by a (rather brief) survey of the major, traditional philosophies (...) of mathematics indicating how each is prepared to deal with the present problem. It is shown that (the standard formulations of) some views seem to deny outright that there is a relationship between mathematics and any non-mathematical reality; such philosophies are clearly unacceptable. Other views leave the relationship rather mysterious and, thus, are incomplete at best. The final, more speculative section provides the direction of a positive account. A structuralist philosophy of mathematics is outlined and it is proposed that mathematics applies to reality though the discovery of mathematical structures underlying the non-mathematical universe. (shrink)

Management of organizational tensions can facilitate the simultaneous advancement of economic, social, and environmental priorities. The approach is based on managers identifying and managing tensions between the three priorities, by employing one of the three strategic responses. Although recent work has provided a theoretical basis for such tension acknowledgment and management, there is a dearth of empirical studies. We interviewed 32 corporate sustainability managers across 25 forestry and wood-products organizations in Australia. Study participants were divided into two groups: those considered (...) effective at corporate sustainability and a status-quo group. Contrary to current theory, our findings showed that acknowledgment of organizational tensions was widespread in the Australian forestry and wood-products industry and not limited to those managers who are effective at managing corporate sustainability. What differed was the degree to which managers did something about the perceived tensions—with the effective group more consistently acting to manage and resolve paradoxical scenarios. Our findings suggest that existing theoretical constructs of tension management may not adequately capture the individual-level complexity involved with managing tensions in practice. (shrink)

Jaegwon Kim’s causal exclusion argument has rarely been evaluated from an empirical perspective. This is puzzling because its conclusion seems to be making a testable claim about the world: supervenient properties are causally inefficacious. An empirical perspective, however, reveals Kim’s argument to rest on a mistaken conception about how to test whether a property is causally efficacious. Moreover, the empirical perspective makes visible a metaphysical bias that Kim brings to his argument that involves a principle of non-inclusion.

We examine George Boolos's proposed abstraction principle for extensions based on the limitation-of-size conception, New V, from several perspectives. Crispin Wright once suggested that New V could serve as part of a neo-logicist development of real analysis. We show that it fails both of the conservativeness criteria for abstraction principles that Wright proposes. Thus, we support Boolos against Wright. We also show that, when combined with the axioms for Boolos's iterative notion of set, New V yields a system equivalent to (...) full Zermelo-Fraenkel set theory with a principle of global choice. This advances Boolos's longstanding interest in the foundations of set theory. (shrink)

There is an interesting logical/semantic issue with some mathematical languages and theories. In the language of (pure) complex analysis, the two square roots of i’ manage to pick out a unique object? This is perhaps the most prominent example of the phenomenon, but there are some others. The issue is related to matters concerning the use of definite descriptions and singular pronouns, such as donkey anaphora and the problem of indistinguishable participants. Taking a cue from some work in linguistics and (...) the philosophy of language, I suggest that i functions like a parameter in natural deduction systems. This may require some rethinking of the role of singular terms, at least in mathematical languages. (shrink)

Graham Priest's In Contradiction (Dordrecht: Martinus Nijhoff Publishers, 1987, chapter 3) contains an argument concerning the intuitive, or ‘naïve’ notion of (arithmetic) proof, or provability. He argues that the intuitively provable arithmetic sentences constitute a recursively enumerable set, which has a Gödel sentence which is itself intuitively provable. The incompleteness theorem does not apply, since the set of provable arithmetic sentences is not consistent. The purpose of this article is to sharpen Priest's argument, avoiding reference to informal notions, consensus, or (...) Church's thesis. We add Priest's dialetheic semantics to ordinary Peano arithmetic PA, to produce a recursively axiomatized formal system PA★ that contains its own truth predicate. Whether one is a dialetheist or not, PA★ is a legitimate, rigorously defined formal system, and one can explore its proof‐theoretic properties. The system is inconsistent (but presumably non‐trivial), and it proves its own Gödel sentence as well as its own soundness. Although this much is perhaps welcome to the dialetheist, it has some untoward consequences. There are purely arithmetic (indeed, Π0) sentences that are both provable and refutable in PA★. So if the dialetheist maintains that PA★ is sound, then he must hold that there are true contradictions in the most elementary language of arithmetic. Moreover, the thorough dialetheist must hold that there is a number g which both is and is not the code of a derivation of the indicated Gödel sentence of PA★. For the thorough dialetheist, it follows ordinary PA and even Robinson arithmetic are themselves inconsistent theories. I argue that this is a bitter pill for the dialetheist to swallow. (shrink)

Cognitive agents, whether human or computer, that engage in natural-language discourse and that have beliefs about the beliefs of other cognitive agents must be able to represent objects the way they believe them to be and the way they believe others believe them to be. They must be able to represent other cognitive agents both as objects of beliefs and as agents of beliefs. They must be able to represent their own beliefs, and they must be able to represent beliefs (...) as objects of beliefs. These requirements raise questions about the number of tokens of the belief representation language needed to represent believers and propositions in their normal roles and in their roles as objects of beliefs. In this paper, we explicate the relations among nodes, mental tokens, concepts, actual objects, concepts in the belief spaces of an agent and the agent's model of other agents, concepts of other cognitive agents, and propositions. We extend, deepen, and clarify our theory of intensional knowledge representation for natural-language processing, as presented in previous papers and in light of objections raised by others. The essential claim is that tokens in a knowledge-representation system represent only intensions and not extensions. We are pursuing this investigation by building CASSIE, a computer model of a cognitive agent and, to the extent she works, a cognitive agent herself. CASSIE's mind is implemented in the SNePS knowledge-representation and reasoning system. (shrink)

Some philosophers have argued that moral agency is characteristic of humans alone and that its absence from other animals justifies granting higher moral status to humans. However, human beings do not have a monopoly on moral agency, which admits of varying degrees and does not require mastery of moral principles. The view that all and only humans possess moral agency indicates our underestimation of the mental lives of other animals. Since many other animals are moral agents (to varying degrees), they (...) are also subject to (limited) moral obligations, examples of which are provided in this paper. But, while moral agency is sufficient for significant moral status, it is by no means necessary. (shrink)

§1. Overview. Philosophers and mathematicians have drawn lots of conclusions from Gödel's incompleteness theorems, and related results from mathematical logic. Languages, minds, and machines figure prominently in the discussion. Gödel's theorems surely tell us something about these important matters. But what?A descriptive title for this paper would be “Gödel, Lucas, Penrose, Turing, Feferman, Dummett, mechanism, optimism, reflection, and indefinite extensibility”. Adding “God and the Devil” would probably be redundant. Despite the breath-taking, whirlwind tour, I have the modest aim of forging (...) connections between different parts of this literature and clearing up some confusions, together with the less modest aim of not introducing any more confusions.I propose to focus on three spheres within the literature on incompleteness. The first, and primary, one concerns arguments that Gödel's theorem refutes the mechanistic thesis that the human mind is, or can be accurately modeled as, a digital computer or a Turing machine. The most famous instance is the much reprinted J. R. Lucas [18]. To summarize, suppose that a mechanist provides plans for a machine,M, and claims that the output ofMconsists of all and only the arithmetic truths that a human, or the totality of human mathematicians, will ever or can ever know. We assume that the output ofMis consistent. (shrink)

For the past four decades, Anglo-American legal philosophy has been preoccupied – some might say obsessed – with something called the “Hart-Dworkin” debate. Since the appearance in 1967 of “The Model of Rules I,” Ronald Dworkin’s seminal critique of H.L.A. Hart’s theory of legal positivism, countless books and articles have been written either defending Hart against Dworkin’s objections or defending Dworkin against Hart’s defenders. My purpose in this essay is not to declare an ultimate victor; rather it is to identify (...) precisely the core issue around which the debate is organized. Is the Hart-Dworkin debate, for example, about whether the law contains principles, as well as rules? Or does it concern whether judges have discretion in hard cases? Is it about the proper way to interpret legal texts in the American legal system? Or is it about the very possibility of conceptual jurisprudence? Although trying to capture the essence of a philosophical debate can be tricky, I think that there is an important unity to the Hart-Dworkin debate that can be described in a relatively straightforward manner. I suggest that the debate is organized around one of the most profound issues in the philosophy of law, namely, the relation between legality and morality. Dworkin’s basic strategy throughout the course of the debate has been to argue that, in one form or another, legality is ultimately determined not by social facts alone, but by moral facts as well. This contention directly challenges, and threatens to undermine, the positivist picture about the nature of law, in which legality is never determined by morality, but solely by social practice. As one might expect, the response by Hart and his followers has been to argue that this dependence of legality on morality is either merely apparent or does not, in fact, undermine the social foundations of law. The Hart-Dworkin debate, I also try to show, is not a monolithic entity. In the second half of the paper, I describe how Dworkin modified his critique to circumvent the responses of Hart’s followers, thereby inaugurating a new phase in the debate. Virtually no attention, however, has been paid to this latter challenge, which is especially surprising given that none of the previous positivistic defenses are helpful against it. I then sketch out a possible response positivists might offer to this extremely powerful objection. (shrink)

I here address Descartes' account of human nature as a union of mind and body by appealing to The Passions of the Soul. I first show that Descartes takes us to be able to reform the naturally instituted associations between bodily and mental states. I go on to argue that Descartes offers a teleological explanation of body-mind associations (those instituted both by nature and by artifice). This explanation sheds light on the ontological status of the union. I suggest that it (...) affords a way of understanding how mind and body form a true unit without compromising Descartes' dualism. (shrink)

Fodor (1990) argues that the theory of evolution by natural selection will not help to save naturalistic accounts of representation from the disjunction problem. This is because, he claims, the context 'was selected for representing things as F' is transparent to the substitution of predicates coextensive with F. But, I respond, from an evolutionary perspective representational contexts cannot be transparent: only under particular descriptions will a representational state appear as a "solution" to a selection "problem" and so be adaptive. Only (...) when we construe representational states as opaque in this manner are the generalizations of branches of evolutionary theory, like foraging theory, possible. (shrink)

Frances Egan argues that the states of computational theories of vision are individuated individualistically and, as far as the theory is concerned, are not intentional. Her argument depends on equating the goals and explanatory strategies of computational psychology with those of its algorithmic level. However, closer inspection of computational psychology reveals that the computational level plays an essential role in explaining visual processes and that explanations at this level are nonindividualistic and intentional. In conclusion, I sketch an account of content (...) in which content does the sort of explanatory work that Egan denies is possible. (shrink)

In this paper, I will discuss the relevance of epistemology of disagreement to political disagreement. The two major positions in the epistemology of disagreement literature are the steadfast and the conciliationist approaches: while the conciliationist says that disagreement with one’s epistemic equals should compel one to epistemically “split the difference” with those peers, the steadfast approach claims that one can maintain one’s antecedent position even in the face of such peer disagreement. Martin Ebeling applies a conciliationist approach to democratic deliberations, (...) arguing that deliberative participants ought to pursue full epistemic conciliation when disagreeing with their peers on political questions. I argue that this epistemic “splitting the difference” could make participants vulnerable to certain cognitive biases. We might avoid these biases by paying more attention to the deliberative environment in which disagreement takes place. (shrink)

Brandom's "inferentialism"—his theory that contentfulness consists in being governed by inferential norms—proves dubiously compatible with his own deflationary approach to intentional objectivity. This is because a deflationist argument, adapted from the case of truth to that of correct inference, undermines the criterion of adequacy Brandom employs in motivating inferentialism. Once that constraint is abandoned, moreover, the very constitutive-explanatory availability of Brandom's inferential norms becomes suspect. Yet Brandom intertwines inferentialism with a separate explanatory project, one that in explaining the pragmatic significance (...) of meaning-attributions does yield a convincing construal of the claim that the concept of meaning is normative. (shrink)

Though the “internal point of view” is perhaps H.L.A. Hart’s greatestcontribution to legal theory, this concept is also often and easily misunderstood. This is unfortunate, not only because these misreadings distort Hart’s theory, but, more importantly, because they prevent us from appreciating the infirmities of sanction-centered theories of law and the compelling reasons why they ought to be rejected. In this paper, I try to address some of these confusions. What, exactly, is the internal point of view? What role (or (...) roles) does it play in Hart’s theory? And how does an adequate appreciation for the centrality of the internal point of view lead to the rejection of sanction-centered theories? (shrink)

Quite unexpectedly, cognitive psychologists find their field intimately connected to a whole new intellectual landscape that had previously seemed remote, unfamiliar, and all but irrelevant. Yet the proliferating connections tying together the cognitive and evolutionary communities promise to transform both fields, with each supplying necessary principles, methods, and a species of rigor that the other lacks. (Cosmides and Tooby, 1994, p. 85).

Did Plato see something that Aristotle missed? According to a familiar narrative, Plato regarded literature as dangerous to the aims of philosophy, and he accordingly exiled the poets from his ideal republic. By contrast, Aristotle is supposed to have reconciled literature and philosophy, not only through his appreciative account of epic and tragedy in the Poetics but also through his invocations of literary examples at crucial junctures elsewhere in his corpus, for example his use of the Trojan legend of Priam (...) in the Nicomachean Ethics. (shrink)

Issues of identity and reduction have monopolized much of the philosopher of mind’s time over the past several decades. Interestingly, while investigations of these topics have proceeded at a steady rate, the motivations for doing so have shifted. When the early identity theorists, e.g. U. T. Place ( 1956 ), Herbert Feigl ( 1958 ), and J. J. C. Smart ( 1959 , 1961 ), fi rst gave voice to the idea that mental events might be identical to brain processes, (...) they had as their intended foil the view that minds are immaterial substances. But very few philosophers of mind today take this proposal seriously. Why, then, the continued interest in identity and reduction? Th e concern, as philosophers like Hilary Putnam and Jerry Fodor have expressed it, is that a victory for identity or reduction is a defeat for psychology. For if minds are physical, or if mental events are physical events, then psychologists might as well disassemble their laboratories, making room for the neuroscientists and molecular biologists who are in a better position to explain those phenomena once misdescribed as “psychological.” Th e worry nowadays is not that locating thought in immaterial souls will make psychology intractable, but that locating thoughts in material brains will make it otiose. (shrink)

Sections 3.16 and 3.23 of Roger Penrose's Shadows of the mind (Oxford, Oxford University Press, 1994) contain a subtle and intriguing new argument against mechanism, the thesis that the human mind can be accurately modeled by a Turing machine. The argument, based on the incompleteness theorem, is designed to meet standard objections to the original Lucas-Penrose formulations. The new argument, however, seems to invoke an unrestricted truth predicate (and an unrestricted knowability predicate). If so, its premises are inconsistent. The usual (...) ways of restricting the predicates either invalidate Penrose's reasoning or require presuppositions that the mechanist can reject. (shrink)

Several authors have argued that a version of Curry's paradox involving validity motivates rejecting the structural rule of contraction. This paper criticizes two recently suggested alternative responses to “validity Curry.” There are three salient stages in a validity Curry derivation. Rejecting contraction blocks the first, while the alternative responses focus on the second and third. I show that a distinguishing feature of validity Curry, as contrasted with more familiar forms of Curry's paradox, is that paradox arises already at the first (...) stage. Accordingly, blocking the second or third stages won't suffice for resolving the paradox. (shrink)

It is hard to think of a more banal statement one could make about the law than to say that it necessarily claims legal authority to govern conduct. What, after all, is a legal institution if not an entity that purports to have the legal power to create rules, confer rights, and impose obligations? Whether legal institutions necessarily claim the moral authority to exercise their legal powers is another question entirely. Some legal theorists have thought that they do—others have not (...) been so sure. But no one has ever denied that the law holds itself out as having the legal authority to tell us what we may or may not do. (shrink)

While there is controversy over which of several naturalistic theories of the mental is most plausible, there is consensus regarding the desideratum of a naturalistically respectable theory. A naturalistic theory of the mental, it is agreed, must explicate representation in nonintentional terms. I argue that this constraint does not get at the heart of what it is to be natural. On the one hand, it fails to provide us with a meaningful distinction between the natural and the unnatural. On the (...) other hand, it unfairly suggests that we withhold judgment on those successes our sciences of the mind have already achieved until a convincing decomposition of the mental is available. I urge a new conception of naturalism that focuses less upon ontological considerations and more upon methodological ones. (shrink)

The underlying assumption of Lukács’ History and Class Consciousness is that “history” can be understood as a unified and meaningful meta-narrative, which can be read along the lines of a realist novel. Although the future is not guaranteed, the present contains “objective possibilities” which can be identified and realized through activist intervention in the world by those who are destined to “make” history, the proletariat. In the intervening century since the Russian Revolution, it has become impossible to read “history” as (...) a singular, triumphalist story leading to human emancipation or identify any one group as its subjective agent. To salvage the revolutionary potential of Lukács’ work, it has been read instead in terms of “fidelity to the Event” by such latter-day Leninists as Alain Badiou and Slavoj Žižek. But their recourse to a meta-historical notion of pre-figuration and future realization is itself no less beholden to a literary or rhetorical device, that of figura, which was traced by Erich Auerbach in originally religious terms. (shrink)

Unifying traditional cognitive science is the idea that thinking is a process of symbol manipulation, where symbols lead both a syntactic and a semantic life. The syntax of a symbol comprises those properties in virtue of which the symbol undergoes rule-dictated transformations. The semantics of a symbol constitute the symbolsÕ meaning or representational content. Thought consists in the syntactically determined manipulation of symbols, but in a way that respects their semantics. Thus, for instance, a calculating computer sensitive only to the (...) shape of symbols might produce the symbol Ô5Õ in response to the inputs Ô2Õ, Ô+Õ, and Ô3Õ. As far as the computer is concerned, these symbols have no meaning, but because of its program it will produce outputs that, to the user, Òmake senseÓ given the meanings the user attributes to the symbols. (shrink)

The doctrine of informed consent, borrowed from the law of torts, cannot be readily transplanted into therapeutic settings. The broader, as yet unrealized, idea of informed consent, which suggests that parties must make decisions jointly, should guide interactions between physicians and patients or investigators and subjects.

Computationalism, the notion that cognition is computation, is a working hypothesis of many AI researchers and Cognitive Scientists. Although it has not been proved, neither has it been disproved. In this paper, I give some refutations to some well-known alleged refutations of computationalism. My arguments have two themes: people are more limited than is often recognized in these debates; computer systems are more complicated than is often recognized in these debates. To underline the latter point, I sketch the design and (...) abilities of a possible embodied computer system. (shrink)