This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

This book, published in 2000, is a clear account of causation based firmly in contemporary science. Dowe discusses in a systematic way, a positive account of causation: the conserved quantities account of causal processes which he has been developing over the last ten years. The book describes causal processes and interactions in terms of conserved quantities: a causal process is the worldline of an object which possesses a conserved quantity, and a causal interaction involves the exchange of conserved quantities. Further, (...) things that are properly called cause and effect are appropriately connected by a set of causal processes and interactions. The distinction between cause and effect is explained in terms of a version of the fork theory: the direction of a certain kind of ordered pattern of events in the world. This particular version has the virtue that it allows for the possibility of backwards causation, and therefore time travel. (shrink)

Elements comprising a set of building blocks for a feminist reconstruction of citizenship might include: a critical synthesis of citizenship as a status and a practice; strengthening the inclusive side of citizenship (within and across nation-states); the principle of differentiated universalism, addressing tensions between an analysis grounded in difference and the universalism standing at the heart of citizenship; and a challenge to the binary thinking that constrains the articulation of women's claims to citizenship.

Public reasoning is widely thought to be essential to democracy, but there is much disagreement about whether such deliberation should be constrained by a principle of public reason, which may seem to conflict with important democratic values. This paper denies that there is such a conflict, and argues that the distinctive contribution of public reason is to constitute a relationship of civic friendship in a diverse society. Acceptance of public reason would not work against mutual understanding, learning, or compromise, nor (...) does the principle involve any violation of political equality. The real threat to democracy is not public reason, but the framing of public reason by a presumption against state action. (shrink)

Broadly speaking, the principle of public justifiability requires that the exercise of political power be justifiable to each and every person over whom that power is exercised. The idea of being justifiable to every person means being acceptable to any reasonable or otherwise qualified person , without such persons having to give up the comprehensive religious or philosophical doctrine they reasonably espouse. Public justifiability thus involves a partly idealized unanimity requirement, or as I will say, a criterion of multi-perspectival acceptability. (...) The demand for public justifiability can be specified in different ways, depending on what exactly has to be publicly justifiable, who is supposed to apply the principle, who counts as reasonable or otherwise qualified, and so on. One of these dimensions concerns the notion of acceptability. Should we care about acceptability to each reasonable perspective, based on all of the reasons that perspective accepts, or should we care about acceptability to all, based on only those reasons that all reasonable perspectives accept? This choice has been referred to by the distinction between "consensus" and "convergence." Sometimes people agree about practical conclusions but for different reasons, in which case their reasoning can be said to converge from different moral or philosophical starting points. Other times, people agree about their moral or philosophical starting points, but reach different practical conclusions, based on different beliefs about the factual context, different rankings of shared concerns, or different judgments about how to apply these concerns to specific situations. (shrink)

Liberal theories of social justicefocus predominantly on the national, ratherthan international, level, and where they doaddress international concerns they insist thatprinciples of justice at the national levelhave priority over principles at theinternational level. We question the coherenceof this arrangement, given liberal theory'scommitment to moral equality of persons as suchrather than to that of particular sets of persons. What isat issue is whether liberal theory can providea coherent basis for international justice atall. If it is to do so, we suggest that (...) it mustbe prepared to theorise beyond the nationstate, and to take a historical perspectivewhich takes into account the ways in whichcolonial power and exploitation have given riseto the problems of international justice weface today. (shrink)

In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country while (...) still children (often as infants) and who have spent the majority of their lives in the US. Members of this group have engaged in wide-scale protests, making the civil disobedience paradigm all the more plausible. I will then move on to the case of unauthorized immigrants who have engaged in protests, but who do not fall into the “Dreamer” category. Finally, I will consider whether thinking about immigration law violations from the perspective of civil disobedience—and the proper response to that—can help us think about immigration enforcement more generally. (shrink)

This article reconsiders the reciprocity objection to unconditional basic income based on the idea that reciprocity is not only a duty but a limiting condition on other duties. If the objection wer...

The greatest existential threats to humanity stem from increasingly powerful advanced technologies. Yet the “risk potential” of such tools can only be realized when coupled with a suitable agent who; through error or terror; could use the tool to bring about an existential catastrophe. While the existential risk literature has provided many accounts of how advanced technologies might be misused and abused to cause unprecedented harm; no scholar has yet explored the other half of the agent-tool coupling; namely the agent. (...) This paper aims to correct this failure by offering a comprehensive overview of what we could call “agential riskology.” Only by studying the unique properties of different agential risk types can one acquire an accurate picture of the existential danger before us. (shrink)

Philosophers have long been fascinated by the connection between cause and effect: are 'causes' things we can experience, or are they concepts provided by our minds? The study of causation goes back to Aristotle, but resurged with David Hume and Immanuel Kant, and is now one of the most important topics in metaphysics. Most of the recent work done in this area has attempted to place causation in a deterministic, scientific, worldview. But what about the unpredictable and chancey world we (...) actually live in: can one theory of causation cover all instances of cause and effect? _Cause and Chance: Causation in an Indeterministic World _is a collection of specially written papers by world-class metaphysicians. Its focus is the problem facing the 'reductionist' approach to causation: the attempt to cover all types of causation, deterministic and indeterministic, with one basic theory. Contributors: Stephen Barker, Helen Beebee, Phil Dowe, Dorothy Edgington, Doug Ehring, Chris Hitchcock, Igal Kwart, Paul Noordhof, Murali Ramachandran and Michael Tooley. (shrink)

This paper examines the Transference Theory of causation, developed originally by Aronson (1971) and Fair (1979). Three difficulties for that theory are presented: firstly, problems associated with the direction of transference and causal asymmetry; secondly, the case of persistence as causation, for example where a body's own inertia is the cause of its motion; and thirdly the problematic notion of identity through time of physical quantities such as energy or momentum. Finally, the theory is compared with the Conserved Quantity Theory (...) (Dowe 1992c), and it is shown that that account embodies the modifications that the transference theory needs to adopt. (shrink)

Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.

Many of the major self-determination movements of the 20th and early 21st Centuries did not go smoothly, but resulted in forced or semi-forced transfers of groups of people from one country to another. Forced population transfers are not, of course, supported by major theorists of self-determination and secession. However, the problems that make population transfers extremely common in actual cases of self-determination and secession, are not squarely faced in many theories of self-determination. And, I shall argue, certain leading theories of (...) self-determination and secession would make population transfers almost inevitable in practice, even if not called for or sanctioned in theory. This is a major stumbling block for any attempt to move from an abstract account of self-determination towards a working theory. In this paper I take a first step towards addressing this problem. I shall show how any approach to dealing with secession, including “primary rights” accounts, “remedial rights only” accounts, and even “consensual” accounts, must be able to deal with the inevitable problem of population transfers, if it is to be a complete and plausible theory. I shall also show how population transfers, to the extent that we can always expect them to take place, can be made as just as possible, in light of any approach to the problem of secession. I will not here attempt to adjudicate between different approaches to secession and self-determination. To that extent, my argument may be seen as a friendly addition to all of the above approaches, showing how they may try to meet an objection which they have not yet faced. (shrink)

This paper offers a defense of backwards in time causation models in quantum mechanics. Particular attention is given to Cramer's transactional account, which is shown to have the threefold virtue of solving the Bell problem, explaining the complex conjugate aspect of the quantum mechanical formalism, and explaining various quantum mysteries such as Schrödinger's cat. The question is therefore asked, why has this model not received more attention from physicists and philosophers? One objection given by physicists in assessing Cramer's theory was (...) that it is not testable. This paper seeks to answer this concern by utilizing an argument that backwards causation models entail a fork theory of causal direction. From the backwards causation model together with the fork theory one can deduce empirical predictions. Finally, the objection that this strategy is questionable because of its appeal to philosophy is deflected. (shrink)

Recently a number of AIDS/AZT research studies, carried out by U.S. universities, have come under intense ethical scrutiny. In these studies, control groups of HIV-positive pregnant women were being given a placebo rather than AZT. Such research protocols would be illegal if practiced in the U.S. I examine a number of lamentable ethical lapses in the studies, and conclude that at least some of these ethical problems are traceable to a troubling contradiction between differing international codes of ethics. In a (...) word, some international codes mandate that all research subjects (including control groups) receive the best standard of care available in the country sponsoring the research, while others suggest that providing only a “Iocal” standard of care is ethically appropriate. I argue that these two ethical mandates cannot both be satisfied, and that host country populations will remain subject to exploitation unless this contradiction is resolved. (shrink)

This paper tries to reconcile reciprocity with a fundamentally 'subject-centred' ethic by interpreting the reciprocity condition as a consequence of the fact that justice is in part a relational value. Duties of egalitarian distributive justice are not grounded on the duty to reciprocate benefits already received, but limited by a reasonable assurance of compliance on the part of those able to reciprocate, because their point is to constitute a valuable relationship, one of mutual recognition as equals. We have unconditional duty (...) to help establish just global institutions, institutions which would allow us to share fairly in the burdens and benefits of global economic cooperation, but no unilateral duty to share fairly, where such institutions are not in place. Since non-contribution on the part of those unable to contribute involves no failure of recognition, the disabled do not fall outside the scope of distributive justice. (shrink)

This Article addresses the general question of "why citizenship?" through the lens of children’s citizenship. It unpacks the different elements of substantive citizenship and considers what they mean for children: membership and participation; rights; responsibilities; and equality of status, respect and recognition. It then discusses the lessons that may be learned from feminist critiques of mainstream constructions of citizenship, paying particular attention to the question of capacity for citizenship. It concludes by suggesting that much of the literature that is making (...) the case for recognition of children as citizens is not so much arguing for the wholesale extension of adult rights and obligations of citizenship to children but recognition that children’s citizenship practices constitute them as de facto, even if not complete de jure, citizens. More broadly, the Article argues that this position points towards an understanding of citizenship which embraces but goes beyond that of a bundle of rights. (shrink)

Notions of recognition and difference do not inform the mainstream debate about welfare reform, which is, instead, dominated by a dichotomous discourse of active modernization vs passive ‘welfare dependency’. The article challenges this dichotomy within the context of New Labour’s welfare reform agenda in the UK. It argues, first, that welfare reform should treat improvements in social security benefits not as promoting ‘passive’ welfare but as complementary to labour market activation policies. Second, it redefines active welfare to incorporate notions of (...) active citizenship, which construct welfare subjects as actors in the political process of welfare policy-making and delivery. As a framework for this position, the article discusses three ‘R’s of welfare reform, risk protection, redistribution and recognition, together with the further two ‘R’s of rights and responsibilities. It concludes by emphasizing the importance of a rights agenda both to tackling poverty and exclusion and to recognition politics. (shrink)

Garfinkel’s Ethnomethodology (EM) at its core involves a praxeological, or interactional, respecification of Gestalt phenomena. In early EM, this is pursued through the development of a category of praxeological Gestalten in which social facts (or social units) are respecified as Gestalt phenomena, where members are the constituents and the social unit is the whole or Gestalt, produced praxeologically by the methodic work of its members. In later work, Garfinkel would praxeologically transpose traditional perceptual Gestalt phenomena, such as music, to explore (...) the interactional work done in the production and perception of those phenomena. In developing EM by praxeologically reconfiguring Gestaltism, Garfinkel drew on the constitutive phenomenology of Aron Gurwitsch, wherein Gurwitsch sought to integrate Gestalt Psychology and phenomenology. In drawing on Gurwitsch, while also being informed by the work of Schütz and, later, Merleau-Ponty, EM is often depicted as either heavily indebted to phenomenology or as a distinct type of phenomenology: praxeological phenomenology, perhaps. At the same time, parallels have been drawn between Ludwig Wittgenstein’s later work and EM, since Garfinkel’s Studies in Ethnomethodology was published in 1967. The parallels drawn have often centred on the treatment of rules and rule-following and on the similarities in the treatment of meaning in EM and in Wittgenstein’s later work. However, given the centrality of Gestalt psychology to the development of EM, it is worth noting that in his later manuscripts Wittgenstein discussed Gestalt phenomena and Gestalt Psychology extensively and in ways that often anticipate what Garfinkel would do with Gestaltist ideas. It is, therefore, worth exploring the similarities and differences between Wittgenstein’s, Gurwitsch’s and Garfinkel’s engagement with Gestaltism. This is what I seek to do in this article. In conclusion, I propose that EM should be seen, like Wittgenstein, as post-phenomenological. (shrink)

Simulations never existed as a book before it was "translated" into English. Actually it came from two different bookCovers written at different times by Jean Baudrillard. The first part of Simulations, and most provocative because it made a fiction of theory, was "The Procession of Simulacra." It had first been published in Simulacre et Simulations. The second part, written much earlier and in a more academic mode, came from L'Echange Symbolique et la Mort. It was a half-earnest, half-parodical attempt to (...) "historicize" his own conceit by providing it with some kind of genealogy of the three orders of appearance: the Counterfeit attached to the classical period; Production for the industrial era; and Simulation, controlled by the code. It was Baudrillard's version of Foucault's Order of Things and his ironical commentary of the history of truth. The book opens on a quote from Ecclesiastes asserting flatly that "the simulacrum is true." It was certainly true in Baudrillard's book, but otherwise apocryphal.One of the most influential essays of the 20th century, Simulations was put together in 1983 in order to be published as the first little black book of Semiotext's new Foreign Agents Series. Baudrillard's bewildering thesis, a bold extrapolation on Ferdinand de Saussure's general theory of general linguistics, was in fact a clinical vision of contemporary consumer societies where signs don't refer anymore to anything except themselves. They all are generated by the matrix.In effect Baudrillard's essay was upholding the only reality there was in a world that keeps hiding the fact that it has none. Simulacrum is its own pure simulacrum and the simulacrum is true. In his celebrated analysis of Disneyland, Baudrillard demonstrates that its childish imaginary is neither true nor false, it is there to make us believe that the rest of America is real, when in fact America is a Disneyland. It is of the order of the hyper-real and of simulation. Few people at the time realized that Baudrillard's simulacrum itself wasn't a thing, but a "deterrence machine," just like Disneyland, meant to reveal the fact that the real is no longer real and illusion no longer possible. But the more impossible the illusion of reality becomes, the more impossible it is to separate true from false and the real from its artificial resurrection, the more panic-stricken the production of the real is. (shrink)

Much research has linked surprise to violation of expectations, but it has been less clear how one can be surprised when one has no particular expectation. This paper discusses a computational theory based on Algorithmic Information Theory, which can account for surprises in which one initially expects randomness but then notices a pattern in stimuli. The authors present evidence that a “randomness deficiency” heuristic leads to surprise in such cases.

The purpose of this study was to investigate the features of modeling-based abductive reasoning as a disciplinary practice of inquiry in the domain of earth science. The study was based on an undergraduate course of a university of education, Korea, offered for preservice elementary teachers majoring in science as their specialty. The course enrollees participated in an inquiry project in which they were asked to abductively generate models representing past geologic events in order to explain how two units in a (...) sedimentary rock outcrop had been formed. Three students were selected as major informants for the study, and multiple types of qualitative data were collected, including the students’ sketchbook records, audio-recording of whole-class presentation and discussion, and interviews with the students. The data were analyzed according to the method of analytical induction, which yielded three assertions as the findings of the study. First, while an explanatory model can be generated by combining resource models, the combination of resource models does not necessarily result in a scientifically sound explanatory model. Second, a systemic approach can help activate a critical resource model which can in turn lead to a scientifically sound explanatory model. Third, simulations with a model can enhance the plausibility of the model. Based on these findings, causal combinations of resource models, a systemic approach to earth scientific problem-solving, and simulations with a model are suggested and discussed as implications for science education and relevant research. (shrink)

The relation of ontological dependence or grounding, expressed by the terminology of separation and priority in substance, plays a central role in Aristotle’s Categories, Metaphysics, De Anima and elsewhere. The article discusses three current interpretations of this terminology. These are drawn along the lines of, respectively, modal-existential ontological dependence, essential ontological dependence, and grounding or metaphysical explanation. I provide an opinionated introduction to the topic, raising the main interpretative questions, laying out a few of the exegetical and philosophical options that (...) influence one’s reading, and locating questions of Aristotle scholarship within the discussion of ontological dependence and grounding in contemporary metaphysics. (shrink)

Radiohead and the Global Movement for Change examines the work of the British group Radiohead, focusing particularly on their landmark recording OK Computer. This book studies the band’s exploration of the crucial issues surrounding contemporary technological development and ‘musical hermeneutics’ with the media ecology perspective.

L’enquête conceptuelle sur la justice de Kyle Johannsen nous incite à considérer la justice comme une simple valeur, indépendante des exigences de la pratique. Dans ce qui suit, je soulève deux questions méthodologiques afin de déterminer si Johannsen fonctionne avec la compréhension ‘correcte’ de la justice et de le convaincre que des problèmes complexes, tels que ceux concernant la justice sociale, nécessitent que la justice soit comprise comme une valeur complexe. Ainsi, les contextualistes de la justice devraient embrasser la distinction (...) entre la justice et les règles de régulation. En outre, la justice, davantage qu’une valeur parmi d’autres à considérer dans nos délibérations, doit plutôt être conçue comme leur résultat. (shrink)

There is, no doubt, a temptation to treat preventions, such as ‘the father’s grabbing the child prevented the accident’, and cases of ‘causation’ by omission, such as ‘the father’s inattention was the cause of the child’s accident’, as cases of genuine causation. I think they are not, and in this paper I defend a theory of what they are. More specifically, the counterfactual theory defended here is that a claim about prevention or ‘causation’ by omission should be understood not as (...) being directly about actual genuine causation but primarily as a counterfactual claim about genuine causation.1 The relation between actual causation and the mere possibility of causation allows my theory to explain both the difference and the similarity between the two notions (causation and prevention/omission). Further, the difference explains certain intuitions we have and the similarity justifies and explains the fact that for practical purposes we usually treat preventions and omissions as if they were genuine causation. Finally, the fact that this counterfactual theory of prevention and omission takes causation as primitive suggests that it is consistent with any theory of causation. This allows us to construct two arguments against what I will call genuinism, the view that cases of prevention and ‘causation’ by omission really are cases of genuine causation. In section II I show that genuinism does not account for the so-called intuition of difference. In section III I outline a number of problems that various theories of causation have with preventions and ‘causation’ by omission. These problems are ipso facto problems for genuinism, whereas I show in section V how the counterfactual theory solves those problems. Further, I answer a genuinist argument based on another type of intuition—the genuinist intuition—by showing why we have that intuition and how it should be handled (section VI). (shrink)

Attributed to Phil Smith ("the Crab Man") on the publisher's webite.

Aristotle holds that individual substances are ontologically independent from nonsubstances and universal substances but that non-substances and universal substances are ontologically dependent on substances. There is then an asymmetry between individual substances and other kinds of beings with respect to ontological dependence. Under what could plausibly be called the standard interpretation, the ontological independence ascribed to individual substances and denied of non-substances and universal substances is a capacity for independent existence. There is, however, a tension between this interpretation and the (...) asymmetry between individual substances and the other kinds of entities with respect to ontological independence. I will propose an alternative interpretation: to weaken the relevant notion of ontological independence from a capacity for independent existence to the independent possession of a certain ontological status. (shrink)

This chapter argues that dual-use emerging technologies are distributing unprecedented offensive capabilities to nonstate actors. To counteract this trend, some scholars have proposed that states become a little “less liberal” by implementing large-scale surveillance policies to monitor the actions of citizens. This is problematic, though, because the distribution of offensive capabilities is also undermining states’ capacity to enforce the rule of law. I will suggest that the only plausible escape from this conundrum, at least from our present vantage point, is (...) the creation of a “supersingleton” run by a friendly superintelligence, founded upon a “post-singularity social contract.” In making this argument, the present chapter offers a novel reason for prioritizing the “control problem,” i.e., the problem of ensuring that a greaterthan-human-level AI will positively enhance human well-being. (shrink)

Despite marked improvements in rights for LGBTQ persons around the world, significant problems remain.  In many countries, LGBTQ persons face significant discrimination, lack of protection from harm by non-state actors, and persecution from their own governments. This article examines when and why protection under the UN Refugee Convention should be granted to those seeking asylum or refugee status because of maltreatment related to their LGBTQ status. To this end, Part II shows how LGBTQ asylum seekers straightforwardly fit into the definition (...) of a “refugee” set out in the UN Refugee Convention. Subsequent Parts address how to overcome some potential complications arising out of the sorts of harms faced by LGBTQ applicants without significant modifications to the standard refugee definition.  The article then turns to two further areas of practical difficulty for LGBTQ asylum seekers and suggest approaches and reforms to deal with these problems. The first issue involves the interaction between considerations around the family and refugee and asylum law. While the legal protections of the rights of LGBTQ families have improved in many countries, difficulties remain, and even in cases where these rights have been granted by a state, there are often special difficulties faced by LGBTQ asylum seekers.  The article therefore proposes and justifies certain reforms in this area. Finally, the article address questions and concerns about the type of evidence that may be demanded by those adjudicating asylum and refugee cases involving LGBTQ applicants. (shrink)

This paper is a review of Gerald Gaus's The Order of Public Reason. Its initial purpose is to explain how the overall argument of the book is meant to hang together. It also identifies four points at which the argument might be challenged, particularly as it relates to justificatory liberalism’s ‘classical tilt’.

Following a synthesis of naturalistic and experimental studies of language creation, we propose a theoretical model that describes the process through which human communication systems might arise and evolve. Three key processes are proposed that give rise to effective, efficient and shared human communication systems: motivated signs that directly resemble their meaning facilitate cognitive alignment, improving communication success; behavioral alignment onto an inventory of shared sign-to-meaning mappings bolsters cognitive alignment between interacting partners; sign refinement, through interactive feedback, enhances the efficiency (...) of the evolving communication system. By integrating the findings across a range of diverse studies, we propose a theoretical model of the process through which the earliest human communication systems might have arisen and evolved. Importantly, because our model is not bound to a single modality it can describe the creation of shared sign systems across a range of contexts, informing theories of language creation and evolution. (shrink)

For most of the contributions to this volume, the project is this: Fill out “Event X is a cause of event Y if and only if……” where the dots on the right are to be filled in by a claims formulated in terms using any of (1) descriptions of possible worlds and their relations; (2) a special predicate, “is a law;” (3) “chances;” and (4) anything else one thinks one needs. The form of analysis is roughly the same as that (...) sought in the Meno, and the methodology is likewise Socratic—proposals, examples, counterexamples, more proposals. The norms of the enterprise seem to be as follows (i) a proposal is defeated if someone can imagine a circumstance in which it would be false, or perhaps if one can imagine such a circumstance that is not obviously inconsistent with physical laws; (ii) approximately correct solutions, those which cover most but not all cases, are of no value unless they can be modified to cover all cases; (iii) no account is required of how the relations in the right hand side of a proposed analysis could be known or reliably.. (shrink)

Allen Buchanan’s ‘The Heart of Human Rights’ addresses the moral justification of the international legal human rights system. Buchanan identifies two functions of the ILHRS: a well-being function and a status egalitarian function. Because Buchanan assumes that the well-being function is sufficientarian, he augments it with a status egalitarian function. However, if the well-being function is utilitarian or prioritarian, there is no need for a separate status egalitarian function, because the status egalitarian function can be subsumed by the utilitarian or (...) prioritarian well-being function. (shrink)

On June 10, 1480, William Caxton issued his edition of the Chronicles of England, based on the Middle English prose Brut. On August 18 of the same year he issued the Description of Britain, a short work adapted from John Trevisa's translation of Ranulph Higden's Polychronicon. Two years later, at some point between July 2 and November 20, 1482, Caxton published his full edition of Trevisa's Polychronicon, and on October 8 of the same year he issued a second edition of (...) the Chronicles of England. (shrink)