This article proposes an innovative methodology for enhancing the technical validation, legal alignment and interdisciplinarity of attempts to encode legislation. In the context of an experiment that examines how different legally trained participants convert select provisions of the Australian Copyright Act 1968 (Cth) into machine-executable code, we find that a combination of manual and automated methods for coding validation, which focus on formal adherence to programming languages and conventions, can significantly increase the similarity of encoded rules between coders. Participants nonetheless (...) encountered various interpretive difficulties, including syntactic ambiguity, and intra- and intertextuality, which necessitated legal evaluation, as distinct from and in addition to coding validation. Many of these difficulties can be resolved through what we call a process of ‘legal alignment’ that aims to enhance the congruence between encoded provisions and the true meaning of a statute as determined by the courts. However, some difficulties cannot be overcome in advance, such as factual indeterminacy. Given the inherently interdisciplinary nature of encoding legislation, we argue that it is desirable for ‘rules as code’ (‘RaC’) initiatives to have, at a minimum, legal subject matter, statutory interpretation and technical programming expertise. Overall, we contend that technical validation, legal alignment and interdisciplinary teamwork are integral to the success of attempts to encode legislation. While legal alignment processes will vary depending on jurisdictionally-specific principles and practices of statutory interpretation, the technical and interdisciplinary components of our methodology are transferable across regulatory contexts, bodies of law and Commonwealth and other jurisdictions. (shrink)

In the present article, I offer a new reading of Hannah Arendt’s The Origins of Totalitarianism, specifically her argument that ideologies such as racism engender totalitarianism when the lonely and disenfranchised laborers of modern society develop a pathological fixation on formal logic, which I term “logomania.” That is, such logical deductions, from horrifically false premises, are the closest thing to thinking that individuals can engage in after their psyches, relationships, and communities have broken down. And it is only thus that (...) totalitarianism can achieve power, since it offers at least some form of connectedness and meaning, regardless how terrifying and violent. The danger persists, clearly, with the resurgence of the far Right, including in the extraordinary regime of Trump in the United States. From this I conclude that, along with the admirable calls to fight loneliness and rebuild our communities, we should also supplement all formal logical instruction and community education with instruction in creative thinking (including aesthetics), thereby discouraging the monomaniac reliance on formal logic as inadvertent weapon of totalitarianism. (shrink)

Well before the COVID-19 pandemic, proponents of digital psychiatry were touting the promise of various digital tools and techniques to revolutionize mental healthcare. As social distancing and its knock-on effects have strained existing mental health infrastructures, calls have grown louder for implementing various digital mental health solutions at scale. Decisions made today will shape the future of mental healthcare for the foreseeable future. We argue that bioethicists are uniquely positioned to cut through the hype surrounding digital mental health, which can (...) obscure crucial ethical and epistemic gaps that ought to be considered by policymakers before committing to a digital psychiatric future. Here, we describe four such gaps: The evidence gap, the inequality gap, the prediction-intervention gap, and the safety gap. (shrink)

Previous examinations of the scope of moral concern have focused on aggregate attributions of moral worth. However, because trade‐offs exist in valuing different kinds of entities, tabulating total amounts of moral expansiveness may conceal significant individual differences in the relative proportions of moral valuation ascribed to various entities. We hypothesized that some individuals (“tree‐huggers”) would ascribe greater moral worth to animals and ecosystems than to humans from marginalized or stigmatized groups, while others (“human‐lovers”) would ascribe greater moral worth to outgroup (...) members than to the natural world. Additionally, because moral valuation is often treated as being zero‐sum, we hypothesized that there would be no difference in aggregate levels of moral concern between tree‐huggers and human‐lovers. Finally, because attributions of mental capacities substantially contribute to moral valuation, we predicted that tree‐huggers and human‐lovers would show different patterns of mind attribution for animals versus humans. Three studies (N = 985) yielded evidence in support of our hypotheses. First, over one‐third of participants valued nature over outgroups. Second, extending moral value to animals and nature was not indicative of more expansive moral concern overall; instead, tree‐huggers and human‐lovers were identical in their aggregate ascriptions of moral worth. Third, tree‐huggers had relatively amplified tendencies to attribute mental capacities to animals and relatively reduced tendencies to attribute mental capacities to outgroup members—thus having elevated rates of both anthropomorphism and dehumanization. These findings necessitate a reconceptualization of both the extension of moral worth and the attribution of minds. (shrink)

The aim of this paper is to present an explanation for the impact of normative considerations on people’s assessment of certain seemingly purely descriptive matters. The explanation is based on two main claims. First, a large category of expressions are tacitly modal: they are contextually equivalent to modal proxies. Second, the interpretation of predominantly circumstantial or teleological modals is subject to certain constraints which make certain possibilities salient at the expense of others.

The arc of the moral universe -- Structure, choice, and legitimacy: Locke's theory of the state -- Democratic equality -- A more democratic liberalism -- For a democratic society -- Knowledge, morality and hope: the social thought of Noam Chomsky: with Joel Rogers -- Reflections on Habermas on democracy -- A matter of demolition?: Susan Okin on justice and gender -- Minimalism about human rights: the most we can hope for? -- Is there a human right to democracy? -- Extra (...) republicam nulla justitia?: with Charles Sabel. (shrink)

In this article, I consider how recent work on the philosophy of group-agency and shared-agency can help us to understand what it is for a church to act in worship. I argue that to assess a model’s suitability for providing such an account, we must consider how well it handles cases of non-paradigm participants, such as those with autism spectrum disorder and young infants. I suggest that whilst a shared-agency model helps to clarify how individuals coordinate actions in cases of (...) reading or singing liturgy, it does not handle non-paradigm cases well and so cannot be considered a suitable model of group liturgical action. Instead, I suggest that a model of groupagency, in which a plurality of action types can contribute to the actions of a group as a whole, is better suited to explaining a church’s actions in worship. (shrink)

Susan Okin has written an important book on justice and the family. Animated by the experiences that contemporary feminism has sought to articulate, and guided by a principled hostility to the subordination of women that continues to disgrace American life, she argues that the current ordering of domestic life in the United States is unjust and that its alteration ought to be made a matter of public policy.Families, according to Okin, are not havens in an otherwise heartless world. Instead the (...) current division of domestic labor marks them as the centerpiece of a broader system of inequalities between men and women. Justice condemns those inequalities and commands their remedy through the transformation of our domestic practices. Because the division of domestic labor is so fundamental to injustice, we need in particular to ‘encourage and facilitate’ equal sharing by parents in the responsibilities of child-rearing, and in the more quotidian chores that provide the material foundation of modern domesticity. (shrink)

Søren Kierkegaard’s claim that having faith requires being contemporary with Christ is one of the most important, yet difficult to interpret claims across his entire authorship. How can one be contemporary with a figure who existed more than two millennia ago? A prominent answer to this question is that contemporaneity with Christ is achieved through a kind of imaginative co-presence made possible by reading Scripture. However, I argue, this ignores what Kierkegaard thinks about Christ as a living agent, and not (...) a merely historical agent. By drawing on Kierkegaard’s discussion of Christ’s true presence in the sacrament of Communion, I argue that contemporaneity with Christ should be understood in the same way as any other intersubjective relation. That is, I argue, that just as relating to any living person as contemporary requires a kind of two-way attention-sharing, relating to Christ as contemporary, on Kierkegaard’s account, requires a kind of two-way attention-sharing with Christ. (shrink)

This article aims to provide an intelligible explication of the doctrine of Transubstantiation. A model of this doctrine is formulated within the formal, neo-Aristotelian metaphysical and ontological framework of Jonathan Lowe, termed Serious Essentialism and the Four-Category Ontology. Formulating the doctrine of Transubstantiation within this metaphysical and ontological framework will enable it to be explicated in a clear and consistent manner, and the oft-raised intelligibility question against it can be answered.

This first English publication of selected German writings by Abraham Joshua Heschel written during his years in Nazi Germany and London exile reveals his insights on the redemptive role of Jewish learning"--Provided by the publisher.

In this article, I summarize recent work on the philosophy of liturgy. In part 2 of this article, I consider how liturgy can provide a way of knowing God personally. I outline accounts of acquiring phenomenal knowledge, practical knowledge, and propositional knowledge by participating in liturgy.

One of the most pressing ethical challenges facing phase I cancer research centres is the process of informed consent. Historically, most scholarship has been devoted to redressing therapeutic misconception, that is, the conflation of the nature and goals of research with those of therapy. While therapeutic misconception continues to be a major ethical concern, recent scholarship has begun to recognise that the informed consent process is more complex than merely a transfer of information and therefore cannot be evaluated only according (...) to how well an individual understands such information. Other components of decision-making operate independently of understanding and yet still may compromise the quality of informed consent. Notable among these components is unrealistic optimism, an event-specific belief that one has a better chance of receiving benefit than others similarly situated. In this article, we consider responses to interviews with parents who had recently completed an informed consent conference for enrolling their child in a phase I cancer clinical trial to examine how this influence manifests and how investigators might address it during informed consent. (shrink)

This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.

In the Euthydemus, Socrates is presented as an eager student of seemingly trivial arts, earning derision both for desiring to master the peculiar art of Euthydemus and Dionysodorus and for studying the harp in his old age. I explain Socrates’ interest in these apparently trivial arts by way of a novel reading of the first protreptic argument, suggesting that the wisdom Socrates praises is complex in nature, securing the happiness of its possessor only insofar as it is composed of both (...) ordinary productive knowledge and ethically productive knowledge. This reading of the first protreptic makes sense of the otherwise perplexing second protreptic, explaining why Socrates is so keen to identify an art which makes what it uses. Wisdom acts as a reliable source of benefit only insofar as it is a complex composed of multiple different arts and types of knowledge. These arts, however, can only be acquired one at a time – if no single art is capable of combining the powers of both ordinary productive knowledge and ethically productive knowledge in the way that wisdom as a whole does, then the pursuit of wisdom will fail to offer reliable benefit despite the reliably beneficial nature of its possession. Thus, it is appropriate for the Euthydemus to conclude with Socrates telling Crito to take courage and pursue philosophy despite the seemingly harmful effects that its pursuit has had on others. Euthydemus and Dionysodorus represent the danger facing the aspiring philosopher, the possibility of being ruined by independent possession of the particular kind of ordinary productive knowledge on which philosophical activity depends – verbal mastery, the grasp of subtle conceptual distinctions needed both to argumentatively reveal reality and to argumentatively obscure it, to reliably equivocate and to reliably avoid equivocation. (shrink)

Currently, there remains an aversion for substance dualism in both philosophical and theological literature. However, there has been a renewed interest in substance dualism within philosophical literature. In the present article, I advance substance dualism as a viable position that persuasively accounts for the Scriptural and theological data within Christian thought. I make a specific argument in favor of a metaphysically simple substance. Along the way, I note the overlap between the philosophical and theological literature and suggest that a simple (...) soul as substance is a metaphysical presupposition grounding the data. (shrink)

Justin D’Ambrosio and I have recently and independently defended perceptual adverbialism from Frank Jackson’s well-known Many-Properties Problem. Both of us make use of a similar strategy: characterizing ways of perceiving by using the language of objects, and not just of properties. But while D’Ambrosio’s view does indeed validate the inferences that Jackson’s challenge highlights, it does so at the price of validating additional, invalid inferences, such as the inference from the claim that a small child hallucinates a bottle of aspirin (...) to the claim that the child hallucinates a bottle of acetylsalicylic acid. My view avoids this. The crucial difference is that D’Ambrosio appeals to success conditions, which are extensional, while I appeal to informational content, which is not. (shrink)

This article presents the views of four sets of authors, each taking concepts of embodied cognition into problem spaces where the new paradigm can be applied. The first considers consequences of embodied cognition on the legal system. The second explores how embodied cognition can change how we interpret and interact with art and literature. The third examines how we move through architectural spaces from an embodied cognition perspective. And the fourth addresses how music cognition is influenced by the approach. Each (...) contribution is brief. They are meant to suggest the potential reach of embodied cognition, increase the visibility of applications, and inspire potential avenues for research. (shrink)

Elizabeth Anderson and Debra Satz continue in the tradition of Plato with their work on the role of education in a just society. Both argue that a just society depends on education enabling citizens to realize democratic or civic equality and that this equality depends on sufficiency in the distribution of educational goods. I agree that education is important to preparing democratic citizens, but I disagree about the plausibility of sufficiency here, especially in the educational context. My argument is two‐fold: (...) I first reconsider a generic positional goods objection to educational inequality, I then argue that plausible sufficientarian replies to this objection fail insofar as they are premised on an impoverished conception of class and power that treats all statuses more like socio‐cultural traits when they should instead be referencing the material conditions someone has inside a social structure. One cannot bring an individual X into the halls of power and simultaneously have X represent or compensate those who are presently disadvantaged in the way that X had formerly been disadvantaged. In short, we should worry about the realistic possibility of securing and sustaining a civic‐minded elite because elites have the power and motivation to enrich themselves at the expense of the rest of us. For the sufficientarian story to work, we need more that explains the realistic possibility of a benevolent ruling elite, until then, democratic equality seems to be better realized by aiming for equal educations, adequacy isn't enough. (shrink)

In this paper I argue that there are resources in the work of Thomas Aquinas that amount to a unique approach to what David P. Schweikard and Hans Bernhard Schmid’s call the “Central Problem” facing theorists of collective intentionality and action. That is to say, Aquinas can be said to affirm both (1) the “Individual Ownership Claim” and (2) the “Irreducibility Claim,” coherently and compellingly. Regarding the Individual Ownership Claim, I argue that Aquinas’s concept of “general virtue” (virtus generalis) buttresses (...) an account of the way in which individuals act collectively qua individuals, i.e., without invoking hive minds or other scientifically problematic phenomena. Further, with respect to the Irreducibility Claim (2), I argue that Aquinas’s concept of “common good” (bonum commune) offers an account of the way in which some powers and acts of social groups are importantly irreducible to those of their members. Considered together, I argue that these two positions in Aquinas are correlative, and therefore amount to a coherent account of collective action and group agency, respectively. (shrink)

“All that is solid melts into air, all that is holy is profaned, and man is at last compelled to face with sober senses, his real conditions of life, and his relations with his kind.” -/- Karl Marx might have been thinking of punk rock when he wrote these words in 1847, but he overlooked the possibility that new forms of solidity and holiness could spring into existence overnight. Punk rock was a celebration of nastiness, chaos, and defiance of convention, (...) which quickly transcended itself and developed its own orthodoxies, shibboleths, heresies, and sectarian wars. Is punk still alive today? What has it left us with? Does punk make any artistic sense? Is punk inherently anarchist, sexist, neo-Nazi, Christian, or—perish the thought—Marxist? When all’s said and done, does punk simply suck? These obvious questions only scratch the surface of punk’s philosophical ramifications, explored in depth in this unprecedented and thoroughly nauseating volume. Thirty-two professional thinkers-for-a-living and students of rock turn their x-ray eyes on this exciting and frequently disgusting topic, and penetrate to punk’s essence, or perhaps they end up demonstrating that it has no essence. You decide. -/- Among the nail-biting questions addressed in this book: Can punks both reject conformity to ideals and complain that poseurs fail to confirm to the ideals of punk? How and why can social protest take the form of arousing revulsion by displaying bodily functions and bodily abuse? Can punk ethics be reconciled with those philosophical traditions which claim that we should strive to become the best version of ourselves? How close is the message of Jesus of Nazareth to the message of punk? Is punk essentially the cry of cis, white, misogynist youth culture, or is there a more wholesome appeal to irrepressibly healthy tendencies like necrophilia, coprophilia, and sadomasochism? In its rejection of the traditional aesthetic of order and complexity, did punk point the way to “aesthetic anarchy,” based on simplicity and chaos? By becoming commercially successful, did punk fail by its very success? Is punk what Freddie Nietzsche was getting at in The Birth of Tragedy, when he called for Dionysian art, which venerates the raw, instinctual, and libidinous aspects of life? (shrink)

Abstract“Poems That Kill” examines the connection between poetry and revolution in Amiri Baraka’s “Black Art” (1965) and in general. The article tracks how Baraka uses poetry to start or advance a revolution in his own life, in the lives of his contemporaries, in poetry, in our present moment, and in the future. The article also discusses poetic address (how poems address readers), sincerity, ambiguity, and hate speech.

This article highlights and discusses the Ehrenfests’ use of toy models to explore irreversibility in statistical mechanics. In particular, we explore their urn and P–Q models and highlight that, while the former was primarily used to provide a simple counter-example to Zermelo’s objection to Boltzmann’s statistical mechanical underpinning of the Second Law of Thermodynamics, the latter was intended to highlight the role and importance of the Stoßzahlansatz as a cause of the tendency of systems to exhibit entropy increase. We also (...) explain the sense in which these models are toy models and why agents can use them, as the Ehrenfests’ did, to carry out this important work, despite the fact that they do not represent any real system. (shrink)

ABSTRACT This paper explores and critiques Sartre’s conception of being-for-others from a non-dual (advaita) perspective. His conception of intersubjectivity as being-for-others views the primary relation between oneself and others as oppressive and objectifying; the other, he says, is the death of my possibilities. It will be argued, however, that others also represent precisely the birth of one’s possibilities. To this end, we will interpret the relation of being to being from a non-dual (advaita) orientation through the work of the contemporary (...) Indian philosopher Ramchandra Gandhi and the medieval Kashmiri polymath Abhinavagupta. Both of these thinkers emphasize the act of address as the primary relation between self-conscious beings, a relation that is fundamentally subjectifying rather than objectifying. Through address, we achieve what Sartre argues is impossible: a free recognition of each other as free self-conscious subjects. (shrink)

What may seem astonishing is the near dismissal of the beatific vision doctrine in the last 50+ years of biblical and theological scholarship in contrast to the emphasis given to it throughout church history. The state of theological scholarship is changing. In what follows, we set forth a short survey of a theology of the beatific vision, while also introducing the rest of the volume on the beatific vision and theosis, of which we take to have an intimate and overlapping (...) relationship. The editorial article has four parts: it begins by (1) introducing some of the relevant biblical material on the vision, proceeding to (2) develop a theological interpretation of those passages, and then (3) offer a short historical survey of the doctrine, focusing on the relevant medieval and Reformed developments. It finally (4) introduces the articles of the issue. (shrink)

In this article, I argue that Søren Kierkegaard's prefatory editorial remark in Practice in Christianity about resorting to and making use of grace has a medieval inheritance, which stems from his reading of Hugh of St Victor (1096–1142). Rather than grounding Kierkegaard's remark exclusively within the Lutheran tradition, I suggest that the medieval inheritance of the relationship between operative and cooperative grace contributed to a theological development in Kierkegaard's view of sanctification. Moreover, Kierkegaard's journal entries prior to the publication of (...) Practice in Christianity provide the connection to Hugh of St Victor's theology of sanctification. I briefly survey the development of Kierkegaard's view of grace and examine Kierkegaard's commentary on Hugh of St Victor's Seven Gifts of the Holy Spirit. Then, I survey Hugh's distinction between restorative and cooperative grace against the wider backdrop of his theology of sanctification to highlight a structural affinity with Kierkegaard's writings. My aim is to identify and illuminate this unexplored Catholic source of Kierkegaard's distinction between grace and works that indicates a non-competitive relationship between divine and human agency. (shrink)

Originally published in 1970. This work evaluates the appeal to the sensually given which played an important role in epistemological discussions during the early 20 th Century. While many contemporary philosophers regarded this appeal as a mistake, there were still some who defended the notion of the given and even made it the foundation of their views regarding perception. The author here points to several different views concerning the nature of the sensually given and argues that the issue between them (...) is not empirical, as is naturally suggested by what he calls ‘the Naïve View’ of the dispute, but rather metaphysical, involving different theories regarding the relationship between Thought and Reality. This leads on to a discussion of the different views presently held regarding the task of the epistemologist, and to a new suggestion with regard to the relationship between common sense and the rival ontologies suggested by scientists and philosophers. In the course of the argument a variety of different topics are discussed such as the correspondence and coherence theories of truth, the differences between scientific and philosophical theories, and the relevance of scientific treatments of the subject of perception to the treatment of this topic by philosophers. (shrink)

Name der Zeitschrift: Kierkegaard Studies Yearbook Jahrgang: 2017 Heft: 1 Seiten: 101-114.

In this article, I summarize recent work on the philosophy of liturgy. In part 2 of this article, I consider how liturgy can provide a way of knowing God personally. I outline accounts of acquiring phenomenal knowledge, practical knowledge, and propositional knowledge by participating in liturgy.

The aim of the causal dynamical triangulations approach is to define nonperturbatively a quantum theory of gravity as the continuum limit of a lattice-regularized model of dynamical geometry. My aim in this paper is to give a concise yet comprehensive, impartial yet personal presentation of the causal dynamical triangulations approach.

This article is a critical exploration of compatibilities between Pentecostal-Charismatic theology and Process-Relational theology. The purpose of the investigation is to identify similarities that provide sufficient ground for mutual dialogue and transformation between the two traditions. Postmodernism is identified as a context in which such dialogue can occur, insofar as both the Pentecostal-Charismatic movements and Process-Relational theology are understood as reactions to modernism. The theological theme of “concursus,” the way in which God and humanity interact, is briefly explored as a (...) point of contact. Several social and ecclesial implications of mutual transformation are identified. Ecclesial implications of mutual transformation include a renewal of Process-Relational spirituality, an intellectualization of Pentecostal-Charismatic experience, ecumenical dialogue between evangelical and mainline denominations, and tempered operation of the charismata for Pentecostals. Social implications of mutual transformation include the possibility for positive social change, concern for healing and justice, and an increased cosmic concern. Ultimately, inasmuch as Pentecostalism is identified as an “experience in search of a theology,” Process-Relational theism is identified as a “theology in search of an experience.” Through dialogue and engagement, both the Pentecostal-Charismatic and Process-Relational traditions may gain a stronger and more holistic sense of humanity, God, and reality. (shrink)

This volume contains essays dealing with complex relationships between Judaism and Christianity, taking a bold step, assuming that no historical period can be excluded from the interactive process between Judaism and Christianity, conscious or unconscious, as either rejection or appropriation.

Though the federal government covers much of the cost of counterterrorism instruction, it has surprisingly little control over who is chosen to conduct the training. Structural problems abound. There is no unified system of expert evaluation or regulatory authority to impose quality control. The Tenth Amendment, which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” has been interpreted to mean (...) that police powers, and officer training, are the preserve of the states. By design, state and local law enforcement is not the responsibility of the federal government, and neither is officer training. While the Department of Homeland Security offers certification, this only means that approved courses are eligible for DHS funds. If the course is paid for by other means—by a regional source, or by another federal department—DHS accreditation isn’t necessarily required. Even DHS money, once received by a state or local police department, can often be used for trainers without DHS accreditation. (shrink)