This paper applies semiotic analysis to issues arising from the recent Supreme Court decision of Kelo v. City of New London [545 U.S.469] (2005). The author uses the tools of semiotics to explore the evolution of language and speech and their relationship to the terms, “private property” and “public use” as used by the Supreme Court and the general public in the years leading up to the Kelo decision. This paper will first provide an overview of the field of semiotics, (...) describing the prevailing thought and the methods utilized by semioticians to find meaning. Second, the tools of semiotics will be applied to Supreme Court cases, beginning with Bauman v. Ross [167 U.S. 548] (1897) and continuing to Kelo v. City of New London. Utilizing these tools, the author will show how, within the span of approximately 100 years, the speech of the court has affected the language of legal discourse. The signs to which both Bauman and Kelo seek to attach meaning are found in the Fifth Amendment to the US Constitution, which provides, in relevant part, “…nor shall private property be taken for public use, without just compensation.”(emphasis added) (U.S. Const. Amendment 5). This dialectic activity resulted in the development of two different languages. One was used by the layperson, whereas the other was found in relevant legal/political institutions such as the US Supreme Court. This paper will focus on the fundamental change in the meaning of the sign/expression “public use.”. (shrink)

We consider the efficacy of various forms of reinforcement learning with punishment in evolving linguistic conventions in the context of Lewis-Skyrms signalling games. We show that the learning strategy of reinforcement with iterative punishment is highly effective at evolving optimal conventions in even complex signalling games. It is also robust and can be easily extended to a self-tuning variety of reinforcement learning. We briefly discuss some of the virtues of reinforcement with iterative punishment and how it may be related to (...) learning in nature. (shrink)

I argue that there is moral luck, i.e., that factors beyond our control can affect how laudable or culpable we are.

Abstract Both parties in the active philosophical debate concerning the conceptual character of perception trace their roots back to Kant's account of sensible intuition in the Critique of Pure Reason. This striking fact can be attributed to Kant's tendency both to assert and to deny the involvement of our conceptual capacities in sensible intuition. He appears to waver between these two positions in different passages, and can thus seem thoroughly confused on this issue. But this is not, in fact, the (...) case, for, as I will argue, the appearance of contradiction in his account stems from the failure of some commentators to pay sufficient attention to Kant's developmental approach to philosophy. Although he begins by asserting the independence of intuition, Kant proceeds from this nonconceptualist starting point to reveal a deeper connection between intuitions and concepts. On this reading, Kant's seemingly conflicting claims are actually the result of a careful and deliberate strategy for gradually convincing his readers of the conceptual nature of perception. (shrink)

I demonstrate that a "speech act" theory of meaning for imperatives is—contra a dominant position in philosophy and linguistics—theoretically desirable. A speech act-theoretic account of the meaning of an imperative !φ is characterized, broadly, by the following claims. -/- LINGUISTIC MEANING AS USE !φ’s meaning is a matter of the speech act an utterance of it conventionally functions to express—what a speaker conventionally uses it to do (its conventional discourse function, CDF). -/- IMPERATIVE USE AS PRACTICAL !φ's CDF is to (...) express a practical (non-representational) state of mind—one concerning an agent's preferences and plans, rather than her beliefs. -/- Opposed to speech act accounts is a preponderance of views which deny that a sentence's linguistic meaning is a matter of what speech act it is used to perform, or its CDF. On such accounts, meaning is, instead, a matter of "static" properties of the sentence—e.g., how it depicts the world as being (or, more neutrally, the properties of a model-theoretic object with which the semantic value of the sentence co-varies). On one version of a static account, an imperative 'shut the window!' might, for instance, depict the world as being such that the window must be shut. -/- Static accounts are traditionally motivated against speech act-theoretic accounts by appeal to supposedly irremediable explanatory deficiencies in the latter. Whatever a static account loses in saying (prima facie counterintuitively) that an imperative conventionally represents, or expresses a picture of the world, is said to be offset by its ability to explain a variety of phenomena for which speech act-theoretic accounts are said to lack good explanations (even, in many cases, the bare ability to offer something that might meet basic criteria on what a good explanation should be like). -/- I aim to turn the tables on static accounts. I do this by showing that speech act accounts are capable of giving explanations of phenomena which fans of static accounts have alleged them unable to give. Indeed, for a variety of absolutely fundamental phenomena having to do with the conventional meaning of imperatives (and other types of practical language), speech act accounts provide natural and theoretically satisfying explanations, where a representational account provides none. (shrink)

_Philosophy of Molecular Medicine: Foundational Issues in Theory and Practice_ aims at a systematic investigation of a number of foundational issues in the field of molecular medicine. The volume is organized around four broad modules focusing, respectively, on the following key aspects: What are the nature, scope, and limits of molecular medicine? How does it provide explanations? How does it represent and model phenomena of interest? How does it infer new knowledge from data and experiments? The essays collected here, authored (...) by prominent scientists and philosophers of science, focus on a handful of mainstream topics in the philosophical literature, such as _causation_, _explanation_, _modeling_, and _scientific inference_. These previously unpublished contributions shed new light on these traditional topics by integrating them with problems, methods, and results from three prominent areas of contemporary biomedical science: _basic research_, _translational_ and _clinical research_, and _clinical practice_. (shrink)

A distinction is drawn among predicates, open sentences (or open formulas), and general terms, including general-term phrases. Attaching a copula, perhaps together with an article, to a general term yields a predicate. Predicates can also be obtained through lambda-abstraction on an open sentence. The issue of designation and semantic content for each type of general expression is investigated. It is argued that the designatum of a general term is a universal, e.g., a kind, whereas the designatum of a predicate is (...) a class (or its characteristic function) and the designatum of an open sentence is a truth-value. Predicates and open sentences are therefore typically non-rigid designators. It is argued further that certain general terms, including phrases, are invariably rigid designators, whereas certain others (general definite descriptions) are typically non-rigid. Suitable semantic contents for predicates, open sentences, and general terms are proposed. Consequences for the thesis of compositionality are drawn. (shrink)

While there is a great deal to agree with in the essay Expanded Terminal Sedation in End-of-Life Care there is, we think, a need to more fully appreciate the humanistic side of both palliative and end-of-life care.1 Not only does the underlying philosophy of palliative care arguably differ from that which guides curative medicine,2 dying patients are in a uniquely vulnerable position given our cultural disinclination towards open discussions of death and dying. In this brief response, we critically engage Gilbertson (...) et al ’s essay and seek to contextualise the perspective they put forward. According to Cassell, we should distinguish between pain and suffering.3 The former often gives rise to the latter, but suffering has other causes. This includes existential distress, indicating that, unlike pain, suffering is not simply physiological phenomena. Suffering involves the disintegration of the person, meaning that it can impact patient autonomy. Certainly, that a patient is suffering does not equate to a lack autonomy. Nevertheless, we should take care when making decisions in circumstance where the integrity of our embodied personhood is under threat, something that is clearly the case for those who are dying, particularly those who have refractory symptoms while doing so. Generally speaking, refractory symptoms are those which are intractable. They persist despite attempts at palliation. While this implies that such symptoms—and the suffering they cause—cannot be reversed this is not necessarily the case. Not only can the symptoms experienced by dying patients change …. (shrink)

Walter Sinnott-Armstrong has developed and progressively refined an argument against moral intuitionism—the view on which some moral beliefs enjoy non-inferential justification. He has stated his argument in a few different forms, but the basic idea is straightforward. To start with, Sinnott-Armstrong highlights facts relevant to the truth of moral beliefs: such beliefs are sometimes biased, influenced by various irrelevant factors, and often subject to disagreement. Given these facts, Sinnott-Armstrong infers that many moral beliefs are false. What then shall we think (...) of our own moral beliefs? Either we have reason to think some of our moral beliefs are reliably formed or we have no such reason. If the latter, our moral beliefs are unjustified. If we have reason to think some moral beliefs are reliably formed, then those beliefs are not non-inferentially justified, because then we’ll have reason to accept something—namely, that they are reliably formed—that entails or supports those beliefs. But then, either way, our moral beliefs are not non-inferentially justified, and so moral intuitionism is false. This paper takes issue with Sinnott-Armstrong’s interesting and widely discussed argument, which we here call the Empirical Defeat Argument (EDA). According to us, the EDA does not defeat moral intuitionism. In section 1, we will set out the argument, briefly reviewing the rationale Sinnott-Armstrong offers for the premises. Then, in section 2, we identify a critical but dubious epistemological assumption concerning the nature of defeat that undergirds the argument. Finally, in section 3, we will defend our challenge to the EDA by answering two objections. (shrink)

Two common theses in contemporary epistemology are that ‘knowledge excludes luck’ and that knowledge depends on ‘purely epistemic’ factors. In this essay, I shall argue as follows: given some plausible assumptions, ‘anti-luck epistemology,’ which is committed to the fi rst thesis, implies the falsity of the second thesis. That is, I will argue that anti-luck epistemology leads to what has been called ‘pragmatic encroachment’ on knowledge. Anti-luck epistemologists hoping to resist encroachment must accept a controversial thesis about true belief or (...) a dubious claim about luck and value and interests. (shrink)

In this discussion I shall argue that some fairly widely held views about human habits are mistaken. These misconceptions are important because of the pervasiveness of the habitual in human behavior and because it is the concept of habit that has served as the prototype of various conceptions of conditioned response which are used in psychological explanation. One major task of this analysis is to show that accounts in which actions are explained by reference to rules are not incompatible with (...) accounts in which the same behavior is seen as the product of habit. (shrink)

Recent research offers good reason to think that various psychedelic drugs—including psilocybin, ayahuasca, ketamine, MDMA, and LSD—may have significant therapeutic potential in the treatment of various mental health conditions, including post-traumatic stress disorder, depression, existential distress, and addiction. Although the use of psychoactive drugs, such as Diazepam or Ritalin, is well established, psychedelics arguably represent a therapeutic step change. As experiential therapies, their value would seem to lie in the subjective experiences they induce. As it is the only way for (...) trainee psychedelic therapists to fully understand their subjective effects, some have suggested that firsthand experience of psychedelics should form part of training programs. We question this notion. First, we consider whether the epistemic benefits offered by drug-induced psychedelic experience are as unique as is supposed. We then reflect on the value it might have in regard to the training of psychedelic therapists. We conclude that, absent stronger evidence of the contribution drug-induced experiences make to the training of psychedelic therapists, requiring trainees to take psychedelic drugs does not seem ethically legitimate. However, given the potential for epistemic benefit cannot be entirely ruled out, permitting trainees who wish to gain first-hand experience of psychedelics may be permissible. (shrink)

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

There is an apparent problem in identifying a basis for equality. This problem vanishes if what I call the ‘intuited response’ is successful. According to this response, there is no further explanation of the significance of the feature in virtue of which an individual matters, beyond the bare fact that it is the feature in virtue of which an individual matters. I argue against this claim, and conclude that if the problem of identifying a basis for equality is to be (...) resolved, it is necessary to defend a substantive account of the independent significance of some feature. (shrink)

Translation of several chapters of L. Nathan Oaklander's contribution to Time, Change and Freedom: An Introduction to Metaphysics (New York and London: Routledge, 2008.

This essay presents a model-theoretic account of dispositional properties, according to which dispositions are not ordinary properties of real entities; dispositions capture the behavior of abstract, idealized models. This account has several payoffs. First, it saves the simple conditional analysis of dispositions. Second, it preserves the general connection between dispositions and regularities, despite the fact that some dispositions are not grounded in actual regularities. Finally, it brings together the analysis and the explanation of dispositions under a unified framework.

Why are humans so clever? This book explores the idea that this cleverness has evolved through the increasing complexity of social groups. It brings together contributions from leaders in the field, examining social intelligence in different animal species and exploring its development, evolution and the brain systems upon which it depends.

In this essay I consider whether the political perspective of third wave science studies – ‘elective modernism’ – offers a suitable framework for understanding the policy-making contributions that (bio)ethical experts might make. The question arises as a consequence of the fact that I have taken inspiration from the third wave in order to develop an account of (bio)ethical expertise. I offer a précis of this work and a brief summary of elective modernism before considering their relation. The view I set (...) out suggests that elective modernism is a political philosophy and that although its use in relation to the use of scientific expertise in political and policy-making process has implications for the role of (bio)ethical expertise it does not, in the final analysis, provide an account that is appropriate for this latter form of specialist expertise. Nevertheless, it is an informative perspective, and one that can help us make sense of the political uses of (bio)ethical expertise. (shrink)

Many solutions of the Goodman paradox have been proposed but so far no agreement has been reached about which is the correct solution. However, I will not contribute here to the discussion with a new solution. Rather, I will argue that a solution has been in front of us for more than two hundred years because a careful reading of Hume's account of inductive inferences shows that, contrary to Goodman's opinion, it embodies a correct solution of the paradox. Moreover, the (...) account even includes a correct answer to Mill's question of why in some cases a single instance is sufficient for a complete induction, since Hume gives a well-supported explanation of this reliability phenomenon. The discussion also suggests that Bayesian theory by itself cannot explain this phenomenon. Finally, we will see that Hume's explanation of the reliability phenomenon is surprisingly similar to the explanation given lately by a number of naturalistic philosophers in their discussion of the Goodman paradox. (shrink)

Emotions play an important role in both sport and games, from the pride and joy of victory, the misery and shame of defeat, and the anger and anxiety felt along the way. This volume brings together experts in the philosophy of sport and games and experts in the philosophy of emotion to investigate this important area of research. The book discusses the role of the emotions for both participants and spectators of sports and games, including detailed discussions of suffering, shame, (...) anger, anxiety, misery and hatred. It also investigates the issues of collective emotions in relation to sport such as the shared joy of a football crowd when their team scores a goal. In addition, this volume examines the role of pretence and make believe in emotional reactions to sport. In so doing, it makes important contributions both to the philosophy of sport and to the philosophy of emotions, which will be of interest to researchers and students in both fields. (shrink)

From the mid-thirties onwards, Martin Heidegger occasionally speculated about the future possibility of artificially producing human beings. What is at stake in biotechnology, Heidegger claims, is the imminent possibility of the destruction of the human essence. It is unclear, however, how Heidegger can substantiate such a claim given that he consistently denounced attempts to define human Dasein as a living being to which a higher capacity such as reason or language is added. This paper will argue that, in this sense, (...) Heidegger took the radical challenge of biotechnology both too seriously and not seriously enough. Too seriously, because it is unclear why he would fear the annihilation of Dasein’s essence if he is convinced that this essence is not related to man’s biological equipment in the first place. Not seriously enough, because Heidegger at the same time remained convinced that even the most intrusive interventions in the human body will not be able to disrupt Dasein’s ontological essence. (shrink)

Some philosophers defend legal punishment by appealing to a natural right to punish wrongdoers, a right people would have in a state of nature. Many of these philosophers argue that legal punishment can be justified by transferring this right to the state. I’ll argue that such a right may not be transferrable to the state because such a right may not survive the transition out of anarchy. A compelling reason for the natural right claim – that in a state of (...) nature there are few if any viable non-punitive enforcement options – isn’t obviously true in state contexts. (shrink)

In an examination of Ryle's distinction between knowing how and knowing that D. G. Brown is led to the conclusion that “All knowing how is knowing that.” The distinction is improper, and these tags should be dropped. All knowledge is propositional, after all, though there is a legitimate way of retaining the essentials of Ryle's account. Knowledge for which the primary evidence is a person's performance replaces the category of knowing how in this reformulated version of the distinction. But to (...) have this type of knowledge is to know the answers to questions concerning the way in which it can be done. And this is knowing that. (shrink)

Dummett, Hanks, Künne, and Bobzien have all stated or implied that when Frege wrote ‘Über Sinn und Bedeutung’, Frege believed that the sense of a sentence-question was not a thought. I present the passage of ‘Über Sinn und Bedeutung’ which is relevant to the evaluation of that proposition. I then present and evaluate an argument which I assume to be the best argument based on that passage for that proposition. I argue that the argument is likely to be unsound. I (...) also address the question whether Frege believed that sentence-questions could be true or false and discuss what Frege did say and what he should have said about logical-alternative questions. (shrink)

This article considers the moral notion of care in the context of Quality of Care discourses. Whilst care has clear normative implications for the delivery of health care it is less clear how Quality of Care, something that is centrally involved in the governance of UK health care, relates to practice.

I want to know whether Chan masters and students depicted in classical Chan transmission literature can be interpreted as asking open (or what I will call “genuine”) questions. My task is significant because asking genuine questions appears to be a decisive factor in ascertaining whether these figures represent models for dialogue—the kind of dialogue championed in democratic society and valued by promoters of interreligious exchange. My study also contributes to a more comprehensive understanding of early Chan not only by detailing (...) contrasts between contemporary interests and classical Chan, but more importantly by paying greater attention to the role language and rhetoric play in classical Chan. What roles do questions play in Chan encounter dialogues, and are any of the questions genuine? Is there anything about the conventions of the genre that keeps readers from interpreting some questions in this way? To address these topics, I will proceed as follows. First, on a global level and for critical-historical context, I survey Chan transmission literature of the Song dynasty in which encounter dialogues appear, and their role in developments of Chan/Zen traditions. Second, I zoom in on structural elements of encounter dialogues in particular as a genre. Third, aligning with the trajectory of performative analyses of Chan literature called for by Sharf and Faure, I turn to develop and criticize a performative model of questions from resources in recent analytic and continental philosophy of language and I apply that model to some questions in encounter dialogue literature. (shrink)

Eleven top Deleuze scholars reclaim Deleuzian philosophy as moral philosophy Ethics plays a crucial, if subtle, role in Gilles Deleuze's philosophical project. Michel Foucault claimed that Anti-Oedipus was `a book of ethics, the first book of ethics to be written in France in quite a long time'. But what is the nature of the immanent ethics that is developed in Deleuze's thought? How does it differ from previous conceptions of ethics? And what paths does it open for future thought, given (...) the ethical challenges facing humanity in so many domains? Each of the eleven essays in this collection explores the ethical dimension of Deleuze's thought along a new and singular trajectory, and in so doing, attempts to reclaim his philosophy as an ethical philosophy. (shrink)

I argue that contrary to their own intentions Casser and Schiller should think that their pain-in-mouth argument is invalid. I cast doubt on whether a hole must be in a host of it but show that the crux of Casser and Schiller’s proposal does not depend on this.

One of the major historical effects of Quine’s attacks upon the analytic-synthetic distinction has been to popularise the belief that philosophy is continuous with science. Currently, most philosophers believe that such continuity is an inevitable consequence of naturalism. This article argues that though Quine’s semantic holism does imply that there is no sharp distinction between truths discoverable by scientific investigation and truths discoverable by philosophical investigation, it also implies that there is a perfectly sharp and natural distinction between natural science (...) and naturalistic philosophy. (shrink)