In this chapter, we consider the plausibility and consequences of the use of the term “honest errors” to describe the accidental killings of civilians resulting from the US military’s drone campaigns in Iraq, Syria, Afghanistan, and elsewhere. We argue that the narrative of “honest errors” unjustifiably excuses those involved in these killings from moral culpability, and reinforces long-standing, pernicious assumptions about the moral superiority of the US military and the inevitability of civilian deaths in combat. Furthermore, we maintain that, given (...) the knowledge-distorting practices within the US military’s organizational structure, few if any civilian deaths from drone strikes meet the criteria of a genuinely morally excusing “honest mistake”. Instead, these accidental killings often reflect objectionable attitudes of relative disregard for the safety of civilians. These attitudes are, we argue, sufficient to warrant the attribution of blame and moral responsibility, both with respect to certain individual actions and with respect to the US military as an institution. In light of this, we propose incorporating a Principle of the Moral Equality of Non-combatants into military assessments of what counts as “acceptable risk” to civilians. This would go some way, we argue, to redressing the ongoing injustice inflicted on the victims of civilian killings by the failure of the US military and US political leadership to take moral responsibility for unjustified civilian deaths. (shrink)

Jesus of Nazareth, like Socrates, left nothing behind written by himself. Yet, the records of his teaching indicate a rich interest in dialogic pedagogy, reflected in his use of the parable, primarily an oral genre, as a dialogic provocation. Working at the interface of pedagogy, theology and philosophy, this article explores the parable of the Good Samaritan from the perspective of dialogic pedagogy. It employs an analytical approach termed diacognition, developed from the notions of dialogue, position and cognition, to analyse (...) the moves within the parable and the teaching situation in which it is located. The article explores how Jesus engages the dialogue of and around the parable to position and reposition his interlocutor, provoking a re-cognition of what it means to love one’s neighbour. It concludes by reflecting on the implications of this analysis for the relation of meaning to knowing and doing. (shrink)

Dialogue is a seminal concept within the work of the Brazilian adult education theorist, Paulo Freire, and the Russian literary critic and philosopher, Mikhail Bakhtin. While there are commonalities in their understanding of dialogue, they differ in their treatment of dialectic. This paper addresses commonalities and dissonances within a Bakhtin-Freire dialogue on the notions of dialogue and dialectic. It then teases out some of the implications for education theory and practice in relation to two South African contexts of learning that (...) facilitate the access to education of disadvantaged groups, one in higher education and the other in early childhood education. (shrink)

The information explosion and digital modes of learning often combine to inform the quest for the best ways of transforming information in digital form for pedagogical purposes. This quest has become more urgent and pervasive with the ‘turn’ to online learning in the context of COVID-19. This can result in linear, asynchronous, transmission-based modes of teaching and learning which commodify, package and deliver knowledge for individual ‘customers’. The primary concerns in such models are often technical and economic – technology as (...) a cost-effective ‘solution’ to educational challenges. In this paper I argue for the importance of dialogic learning space in teaching and learning by means of Information and Communication Technologies, whether in the form of fully online learning, blended learning or face-to-face encounters using ICT affordances. Although the 20th Century theorists Mikhail Bakhtin (1895–1975) and Hans-Georg Gadamer (1900–2002) produced their seminal works before the advent of ICTs, they were both concerned with the quality and authenticity of human engagement with texts and with other persons and contexts. Besides a shared interest in dialogue as an ontological feature of human life and being, they both used spatiotemporal concepts for understanding and interpreting texts. The article draws on Gadamer’s notions of dialogue and horizon, and Bakhtin’s notions of dialogue and chronotope, to conceptualize dialogic possibilities for online education. Its purpose is to provide a framework, grounded in Bakhtin’s and Gadamer’s ideas, for a dialogic approach to online teaching and learning in higher education. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By evaluating ODR in its proper context (...) as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)

Big Data is a large-sized and complex dataset, which cannot be managed using traditional data processing tools. Mining process of big data is the ability to extract valuable information from these large datasets. Association rule mining is a type of data mining process, which is indented to determine interesting associations between items and to establish a set of association rules whose support is greater than a specific threshold. The classical association rules can only be extracted from binary data where (...) an item exists in a transaction, but it fails to deal effectively with quantitative attributes, through decreasing the quality of generated association rules due to sharp boundary problems. In order to overcome the drawbacks of classical association rule mining, we propose in this research a new neutrosophic association rule algorithm. The algorithm uses a new approach for generating association rules by dealing with membership, indeterminacy, and non-membership functions of items, conducting to an efficient decision-making system by considering all vague association rules. To prove the validity of the method, we compare the fuzzy mining and the neutrosophic mining. The results show that the proposed approach increases the number of generated association rules. (shrink)

The original text, written in the language and style of 1909, is almost completely unreadable in 2011. I have taken the liberty of editing it and paraphrasing it for the sake of readability; I have made every effort to preserve the author’s original meaning. Section headings and tables have been added by Prof. Steinhart. Note that Figure 1 is by Adams.

In this chapter a new problem about rule-following is outlined, one that is distinct both from Kripke’s and Wright’s versions of the problem. This new problem cannot be correctly responsed to, as Kripke’s can, by invoking Wright’s Intentional Account of rule-following. The upshot might be called, following Kant, an antinomy of pure reason: we both must — and cannot — make sense of someone’s following a rule. The chapter explores various ways out of this antinomy without here (...) endorsing any of them. (shrink)

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: (...) not just Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

Ludwig Wittgenstein’s relation to Gestalt Psychology is typically understood through the lens of his engagement with Wolfgang Köhler’s work. Though valuable, this framing may obscure certain broader points of similarity between Wittgenstein’s methodological approach and the Gestalt school considered as a whole. In what follows I pursue this line of thought by comparing Wittgenstein’s discussion of rule-following in the Philosophical Investigations with Max Wertheimer’s concept of productive thinking. I argue that Wertheimer’s emphasis on the shared and public aspects of (...) Gestalt phenomena counteracts Köhler’s tendency to characterise Gestalts as essentially private entities. I suggest that in this respect at least, Wertheimer’s approach is closer than Köhler’s to Wittgenstein’s later philosophical orientation. (shrink)

The National Institute for Health and Care Excellence, the UK’s main healthcare priority-setting body, recently reaffirmed a longstanding claim that in recommending technologies to the National Health Service it cannot apply the ‘rule of rescue’. This paper explores this claim by identifying key characteristics of the rule and establishing to what extent these are also features of NICE’s approach to evaluating ultra-orphan drugs through its highly specialised technologies programme. It argues that although NICE in all likelihood does not (...) act because of the rule in prioritising these drugs, its actions in relation to HSTs are nevertheless in accordance with the rule and are not explained by the full articulation of any alternative set of rationales. That is, though NICE implies that its approach to HSTs is not motivated by the rule of rescue, it is not explicit about what else might justify this approach given NICE’s general concern with overall population need and value for money. As such, given NICE’s reliance on notions of procedural justice and its commitment to making the reasons for its priority-setting decisions public, the paper concludes that NICE’s claim to reject the rule is unhelpful and that NICE does not currently meet its own definition of a fair and transparent decision-maker. (shrink)

Abstract The paper explores responses to an inconsistent quartet of theses regarding rule-following. In addressing this inconsistent quartet, two lines of thought pull in opposite directions. On the one hand, it can seem that rule-following cannot require acts that shape or guide themselves or acts that require infinitely many similar acts. On the other hand, rule-following seems to require that we are responsible for our acts of rule-following in a special way. It is difficult to see (...) how these thoughts can be coherently combined. (shrink)

The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as (...) securing legal certainty. Defeasible certainty is the most that is desirable or achievable. (shrink)

The aim of this paper is to propose a novel reading of the critical legitimacy of the regulative use of reason in the Transcendental Dialectic of Kant's Critique of Pure Reason. After introducing some key terminology of the Dialectic, I analyse the shortcomings of two influential accounts of the regulative use of reason and identify their common problem in their commitment to the descriptivity of the ideas of reason. I then offer my rule‐based account of the regulative use of (...) reason by clarifying how Kant transforms reason's metaphysical inclinations into prescriptive rules of bottom‐up empirical research. Finally, I explain why such interpretation of reason is metaphysically innocent and thereby a promising approach to understand its role in Kant's scientific project. (shrink)

In an incendiary 2010 Nature article, M. A. Nowak, C. E. Tarnita, and E. O. Wilson present a savage critique of the best-known and most widely used framework for the study of social evolution, W. D. Hamilton’s theory of kin selection. More than a hundred biologists have since rallied to the theory’s defence, but Nowak et al. maintain that their arguments ‘stand unrefuted’. Here I consider the most contentious claim Nowak et al. defend: that Hamilton’s rule, the core explanatory (...) principle of kin selection theory, ‘almost never holds’. I first distinguish two versions of Hamilton’s rule in contemporary theory: a special version (HRS) that requires restrictive assumptions, and a general version (HRG) that does not. I then show that Nowak et al. are most charitably construed as arguing that HRS almost never holds, while HRG buys its generality at the expense of explanatory power. While their arguments against HRS are fairly uncontroversial, their arguments against HRG are more contentious, yet these have been largely overlooked in the ensuing furore. I consider the arguments for and against the explanatory value of HRG, with a view to assessing what exactly is at stake in the debate. I suggest that the debate hinges on issues concerning the causal interpretability of regression coefficients, and concerning the explanatory function Hamilton’s rule is intended to serve. (shrink)

One goal of the transplant community is to seek ways to increase the number of people who are willing and able to donate organs. People in states between life and death are often medically excellent candidates for donating organs. Yet public policy surrounding organ procurement is a delicate matter. While there is the utilitarian goal of increasing organ supply, there is also the deontologic concern about respect for persons. Public policy must properly mediate between these two concerns. Currently the dead (...) donor (dd) rule is appealed to as an attempt at such mediation. I argue that given the lack of consensus on a definition of death, the dd rule is no longer successful at mediating utilitarian and deontologic concerns. I suggest instead that focusing on a particular person's history can be successful. (shrink)

In virtue of what does a sign have meaning? This is the question raised by Wittgenstein's rule-following considerations. Semantic dispositionalism is a (type of) theory that purports to answer this question. The present paper argues that semantic dispositionalism faces a heretofore unnoticed problem, one that ultimately comes down to its reliance on unanalyzed notions of repeated types of signs. In the context of responding to the rule-following paradox—and offering a putative solution to it—this amounts to simply assuming a (...) solution to the problem in one domain and using it to solve the same problem in another. Given, moreover, the level at which the rule-following paradox undercuts dispositionalism—the level of the notion of a sign's repetition—the objections made to the view also rule out causal/informational theories of meaning as well as communitarian/assertion-theoretic ones as potential solutions to the rule-following paradox. (shrink)

The dead donor rule justifies current practice in organ procurement for transplantation and states that organ donors must be dead prior to donation. The majority of organ donors are diagnosed as having suffered brain death and hence are declared dead by neurological criteria. However, a significant amount of unrest in both the philosophical and the medical literature has surfaced since this practice began forty years ago. I argue that, first, declaring death by neurological criteria is both unreliable and unjustified (...) but further, the ethical principles which themselves justify the dead donor rule are better served by abandoning that rule and instead allowing individuals who have suffered severe and irreversible brain damage to become organ donors, even though they are not yet dead and even though the removal of their organs would be the proximal cause of death. (shrink)