Reid's discernment between a ‘relative’ and a ‘distinct’ conception plays a significant role in his theory of secondary and primary qualities and in his postulations on ‘instinctive’ and ‘rational’ aesthetic perceptions. However, relative conceptions and, hence, the relative/distinct conception discernment, are absent from one model of aesthetic perception which Reid endorses, as well as from his theory of ‘moral approbation’. This paper aims (1) to explore the importance of Reid's relative/distinct discernment for the conception of qualities and aesthetic features and (...) (2) to point out and explain the significance of a different model of conception, which excludes relative conception, embraced by Reid for a certain context of aesthetic perception and for moral approbation. (shrink)

The paper focuses on Reid's unique epistemological distinction between the primary and the secondary qualities and examines it in relation to other facets of his philosophy: his stance vis-à-vis the scientific inquiries of secondary qualities; his aesthetics; his analysis of the perception of the primary quality of hardness; his theory of learning. An inquiry into the primary/secondary distinction which takes into account such a broad context will reveal it to be far more sophisticated, dynamic and flexible than an analysis of (...) the distinction which solely takes into consideration the passages in which the Scottish philosopher directly and straightforwardly introduces it. (shrink)

In Emile, Rousseau advances significant ideas about language, language learning and teaching: He posits a universal natural language that develops as the child matures; focuses on ‘private’ words invented by children, on the challenge facing children in their understanding of exceptions to general rules of the mother tongue and on recommended methods of teaching the mother tongue. The paper explores these notions, which feature at the end of Book I of Emile. It seeks to explain and interpret them as postulations (...) regarding language, language learning and teaching and, moreover, to show how they relate to Rousseau's general principles of education. (shrink)

We seek to probe into the question of whether it is moral to administer a punishment on a criminal both in his lifetime and posthumously. Is it moral to punish a murderer both during his lifetime by sentencing him, for instance, to life imprisonment, and posthumously—let us assume—by burial in a separate section of the cemetery exclusively assigned for murderers, which would perpetuate their ignominy? We consider that a discussion of this crux might raise valuable insights and questions regarding the (...) philosophy of punishment. We will aim to examine this issue from several perspectives: utilitarianism, retributivism, and expressivism. Moreover, we shall consider it as a means for preventing an exacerbation of the punishment by more cruel means. Furthermore, we will point out some problems which should be considered that may arise from the posthumous penalty. (shrink)

Reid's principle of credulity may be interpreted as equivalent to a principle of charity, due to the nature of three beliefs it implies concerning the interlocutors, which are held by the person who attempts to acquire their language: They are telling truth in the sense that they are saying what they really think, perceive, feel, believe; they are veracious in the sense that what they say is objectively true; they use language consistently. This interpretation relies on Reid's straightforward remarks on (...) his principle of credulity and on his view of two related correspondences: One correspondence is between the principle of credulity and the principle of veracity. The other is between these two principles and the principles that create the ‘language of nature’ and guide us in our efforts to unravel it. (shrink)

I suggest two main ways of interpreting Reid's analysis of the perception of the quality of hardness: Reid endorses two distinct concepts of hardness. The distinction between the two lies in a profoundly different relation between the sensation of hardness and the concept of hardness in each of them. The first concept, which I term as a “sensation-laden concept”, is “the quality that arises in us the sensation of hardness.” The second concept, which I call a “non-sensational concept”, is “the (...) cohesion of the parts of the body with more or less force.” Reid is thinking like a developmental psychologist and postulates what I consider as a gradual development from one concept to the other according to which the initial sensation-laden concept of hardness, which we form during our early childhood, gradually develops into a mature non-sensational concept of hardness. (shrink)

. The nature of crime: A synthesis, following the three perspectives offered in the grammar of criminal law. Criminal Justice Ethics: Vol. 27, No. 1, pp. 91-98.

In some instances, the criminal justice system is affected by a moral panic; that is, by an exaggerated social reaction to an assumed threat to moral values. When influenced by moral panic, courts...

The paper suggests that there are two different ways in which a legal system restricts an individual’s rights. It can either grant a power that revokes the legal protection of the right or it can acknowledge the infringement of a legal right and yet justify such an infringement by means of a criminal law justification. The distinction proposed by the paper has both expressive and practical implications and is useful in solving dilemmas arising in emergencies when constitutional constraints make it (...) impossible to grant the power to revoke legal protection of a basic right. In some of these situations a criminal law justification might support infringement of such a right. This claim is demonstrated by analyzing the ruling of the German Constitutional Court concerning the shooting down of a hijacked airplane in circumstances similar to those of September 11. (shrink)

Reflections on the various articles which will be published in the criminal law and philosophy dedicated to my retirement.

Solidarity, Religious Freedom and COVID-19: The Case of the Ultra-Orthodox Sects in Israel The article discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with COVID-19 regulations. The article provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The article suggests possible explanations for that refusal, (...) based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The article concludes that despite the drastic restrictions on religious life caused by the social distancing regulations, and the special importance of freedom of religion, reducing the pandemic’s spread called for awarding priority to solidarity over religious freedom, and the enforcement of social solidarity legal duties – the social distancing regulations – on all. (shrink)

The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign (...) liability for mens rea offenses to a negligent offender, violates the dignity of the offender; it treats the incautious offender as if she had willfully expressed disrespect towards the protected interest. The human dignity core of privacy is invaded by criminalizing the private possession of child pornography. By extending the prohibition of the creation, sale and distribution of child pornography to the private possession of pornography, the State attempts to control the way the individual expresses an essential part of the self—his sexual fantasies—within himself. Dignity demands that our actions convey an attitude of respect towards human beings. The expressive meaning of disrespect is culture-dependent. The historical association with totalitarian regimes explains our reluctance to impose a legal duty to report past crime: the individual who is legally required to turn a suspect into the police is viewed as an “informant.”. (shrink)

Taking as its starting point Miri Gur-Arye’s critical discussion of a legal duty to report crime, this paper sketches an idealising conception of a democratic republic whose citizens could be expected to recognise a civic responsibility to report crime, in order to assist the enterprise of a criminal law that is their common law. After explaining why they should recognise such a responsibility, what its scope should be, and how it should be exercised, and noting that that civic responsibility (...) must include a responsibility to report one’s own crimes; it discusses whether that civic responsibility could ground at least a limited legal duty to report certain types of crime. It then turns to the question of whether a civic responsibility to assist the criminal law’s enterprise of bringing wrongdoers to account could include a responsibility to arrest suspected or known offenders if the police cannot or will not do so—a responsibility to make a citizen’s arrest, and the legal power to discharge that responsibility: how far should citizens feel entitled, or duty-bound, thus to ‘take the law into their own hands’? (shrink)

In whose voice does the criminal law speak, and why does it matter? Miriam Gur-Arye argues that the answer to the first question depends on the kind of duty violated by the crime at issue. In some cases (say, election fraud or tax evasion), the criminal law speaks in the voice of the polity—but in other cases (say, murder or rape), it speaks in the voice of human beings. Or so argues Gur-Ayre. Not surprisingly, perhaps, a lot depends on (...) what one means by the voice of the criminal law. In this paper, I defend two related arguments. First, the criminal law typically claims to speak in the voice of the polity, even if, in practice, it often fails to do so. Second, where the criminal law does speak in the voice of the polity, its doing so can contribute to its own justification. (shrink)

In articles published ten years apart in 2011 and 2021, Gur-Arye argues that when considering an agent’s explanation for doing something that looks, prima facie, like a criminal offence, we should distinguish between a plea of justification, and an assertion that one acted within one’s power. The former explains an agent’s reasons for having committed a pro tanto offence (i.e., actus reus + mens rea). The latter is a denial that the agent committed any pro tanto offence at all. (...) In this piece, I build on Gur-Arye’s argument, suggesting that her claim about powers can be extended to all instances in which rights are displaced. I argue that in its expanded form, the practical significance of Gur-Arye’s claim goes well beyond what she identifies. It points to important and underappreciated points about the structure and classification of defensive claims in the criminal law, and helps identify errors in some arguments commonly made to support claims about disputed features of justifications. (shrink)

The renewal of Jewish sovereignty in 1948 created a grave challenge to Jewish tradition. As a system that was constructed in exile for a non-sovereign society, Jewish law was lacking "laws of state." The legitimacy of military action and the distinction between just and unjust wars are prime examples of fundamental issues that Jews did not have to confront for a very long period of time. This article examines contemporary Jewish legal responses to the challenges posed by the creation of (...) the Israeli military. It focuses on the efforts of Rabbi Shlomo Goren, the first Chief Rabbi of the Israel Defense Forces, to create a modern corpus of Jewish law and ethics relating to war and the military. The Diaspora-based rabbinic literature seemed to oppose the use of force, reinterpreting Biblical references to military heroism as allegorical expressions of valor in the study of Torah. In an attempt to create an approach that legitimized the use of force while, at the same time, maintaining the rabbinic moral compunction regarding reliance on force, Rabbi Goren’s innovative corpus integrated Biblical and rabbinic sources, as well as pre-rabbinic apocryphal and historical sources. His writings on the subject are studied on a historical level, trying to uncover the various personalities and ideological positions to which he reacted. Rabbi Goren’s approach is examined through an analysis of his views on the proper treatment of the enemy and on the Peace for Galilee War in Lebanon. He advocated a balance between power and spirit, a balance that is also reflected in the personal internal harmony of Rabbi Goren himself: a merger of two worlds — the traditional student of the rabbinic study hall and the modern Jewish military officer — worlds by which he was influenced, between which he was torn, and that he tried to synthesize. (shrink)

Anliegen dieser Arbeit ist die Erhellung des Kunstbegriffs und des Sinns der ästhetischen Urteile unter Berücksichtigung der Problematik moderner Kunstströmungen. Die Antworten ergeben sich aus einer Auseinandersetzung mit verschiedenen zeitgenössischen Auffassungen. Insbesondere werden ästhetische Theorien analysiert, die auf folgende Denksysteme zurückgehen: Phänomenologie, Marxismus, analytische Philosophie, die Philosophie Wittgensteins - und ferner Semiotik und Informationstheorie.

This collection uses economic analysis to study some of the most pressing issues in corporate law. The last decade has brought certain corporate transactions and arrangements to the forefront of public attention and public debate. At the same time, a new mode of corporate law analysis has been developed - one that uses the tools of economics to identify the consequences and desirable features of corporate law rules. By bringing together work at the frontier of this method of analysis, the (...) volume provides a good picture of the power, current state, and future direction of the economic analysis of corporate law. Written by some of the most prominent contributors to the field, many of the chapters focus directly on the corporate control transactions that have recently attracted the most interest and controversy - corporate takeovers, buy-outs, recapitalizations, and reorganizations. (shrink)

Ilan Gur–ze’ev; Bildung and Critical Theory in the Face of Postmodern Education, Journal of Philosophy of Education, Volume 36, Issue 3, 16 December 2002, Pages.

Ilan Gur–ze’ev; Bildung and Critical Theory in the Face of Postmodern Education, Journal of Philosophy of Education, Volume 36, Issue 3, 16 December 2002, Pages.

This paper defends the concept of racialization against its critics. As the concept has become increasingly popular, questions about its meaning and value have been raised, and a backlash against its use has occurred. I argue that when “racialization” is properly understood, criticisms of the concept are unsuccessful. I defend a definition of racialization and identify its companion concept, “racialized group.” Racialization is often used as a synonym for “racial formation.” I argue that this is a mistake. Racial formation theory (...) is committed to racial ontology, but racialization is best understood as the process through which racialized – rather than racial – groups are formed. “Racialization” plays a unique role in the conceptual landscape, and it is a key concept for race eliminativists and anti-realists about race. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

In this paper I defend anti-realism about race and a new theory of racialization. I argue that there are no races, only racialized groups. Many social constructionists about race have adopted racial formation theory to explain how ‘races’ are formed. However, anti-realists about race cannot adopt racial formation theory, because it assumes the reality of race. I introduce interactive constructionism about racialized groups as a theory of racialization for anti-realists about race. Interactive constructionism moves the discussion away from the dichotomous (...) (social vs. biological) metaphysics that has marred this debate, and posits that racialized groups are the joint products of a broad range of non-racial factors, which interact. (shrink)

I address three interrelated issues concerning the contents of experiences. First, I address the preliminary issue of what it means to say that experiences have contents. Then I address the issue of why we should believe that experiences have contents. Finally, I address the issue of what the contents of experiences are.

A morally acceptable course of AI development should avoid two dangers: creating unaligned AI systems that pose a threat to humanity and mistreating AI systems that merit moral consideration in their own right. This paper argues these two dangers interact and that if we create AI systems that merit moral consideration, simultaneously avoiding both of these dangers would be extremely challenging. While our argument is straightforward and supported by a wide range of pretheoretical moral judgments, it has far-reaching moral implications (...) for AI development. Although the most obvious way to avoid the tension between alignment and ethical treatment would be to avoid creating AI systems that merit moral consideration, this option may be unrealistic and is perhaps fleeting. So, we conclude by offering some suggestions for other ways of mitigating mistreatment risks associated with alignment. (shrink)

Develops an empirical argument against naive realism-disjunctivism: if naive realists accept "internal dependence", then they cannot explain the evolution of perceptual success. Also presents a puzzle about our knowledge of universals.

This chapter begins with an empirical analysis of attitudes towards the law, which inspires a philosophical re-examination of the moral status of the rule of law. The chapter analyses survey data from the US about law-related attitudes and legal compliance. Consistently with prior studies, it finds that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s (...) compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined in the chapter); and (ii) their moral assessment of the content of specific legal requirements (referred to in the chapter as ‘perceived moral content of laws’). The chapter also observes an interactive relationship between these two factors. The authors then identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. They argue that Lon Fuller’s precepts of legality possess an expressive moral quality, but that the extent to which their expressive effect materialises is sensitive to the moral quality of the law’s content. (shrink)

The biological race debate is at an impasse. Issues surrounding hereditarianism aside, there is little empirical disagreement left between race naturalists and anti-realists about biological race. The disagreement is now primarily semantic. This would seem to uniquely qualify philosophers to contribute to the biological race debate. However, philosophers of race are reluctant to focus on semantics, largely because of their worries about the ‘flight to reference’. In this paper, I show how philosophers can contribute to the debate without taking the (...) flight to reference. Drawing on the theory of reference literature and the history of meaning change in science, I develop some criteria for dealing with cases where there is uncertainty about reference. I then apply these criteria to the biological race debate. All of the criteria I develop for eliminating putative kinds are met in the case of ‘race’ as understood by twentieth century geneticist Theodosius Dobzhansky and his contemporary proponents, suggesting that we should eliminate it from our biological ontology. (shrink)

The three target articles constitute a powerful and persuasive call for actively anti-racist bioethics and biomedicine. All three articles reject race as a biological category. Nevertheless, they share a common commitment to racial classification. At one point, Ruqaiijah Yearby writes that “social race, like biological race, is an illusion created to establish racial hierarchy,” but mostly she writes about “races” as though they were not an illusion, but a reality. In this commentary I critique the racial realism of the target (...) articles. I argue that the biomedical fight against racism is best served by a form of anti-realist reconstructionism about race, which says that there are no races, only racialized groups—groups misunderstood to be races. Note that I do not defend the color blindness that Clarence H. Braddock (2020) persuasively rejects. Because of the role of skin color in racialization and racism, color blindness is a misguided goal. One can reject color blindness, though, without accepting racial realism... (shrink)

Quite likely the most sacrosanct principle in epistemology, it is near-universally accepted that knowledge is factive: knowing that p entails p. Recently, however, Bricker, Buckwalter, and Turri have all argued that we can and often do know approximations that are strictly speaking false. My goal with this paper is to advance this nascent non-factive project in two key ways. First, I provide a critical review of these recent arguments against the factivity of knowledge, allowing us to observe that elements of (...) these arguments mutually reinforce respective weaknesses, thereby offering the non-factive project a much stronger foundation than when these arguments were isolated. Next, I argue tentatively in favor of Bricker’s truthlikeness framework over the representational adequacy account favored by Buckwalter and Turri. Taken together, while none of this constitutes a knock-down argument against factivity, it does allow us to quiet some of the more immediate worries surrounding the non-factive project. (shrink)

Racial epithets are terms used to characterize people on the basis of their race, and are often used to harm the people that they target. But what do racial epithets mean, and how do they work to harm in the way that they do? In this essay I set out to answer these questions by offering a pragmatic view of racial epithets, while contrasting my position with Christopher Hom's semantic view.

The symmetries of a physical theory are often associated with two things: conservation laws and representational redundancies. But how can a physical theory's symmetries give rise to interesting conservation laws, if symmetries are transformations that correspond to no genuine physical difference? In this article, I argue for a disambiguation in the notion of symmetry. The central distinction is between what I call "analytic" and "synthetic" symmetries, so called because of an analogy with analytic and synthetic propositions. "Analytic" symmetries are the (...) turning of idle wheels in a theory's formalism, and correspond to no physical change; "synthetic" symmetries cover all the rest. I argue that analytic symmetries are distinguished because they act as fixed points or constraints in any interpretation of a theory, and as such are akin to Poincaré's conventions or Reichenbach's 'axioms of co-ordination', or 'relativized constitutive a priori principles'. (shrink)

As belief in the reality of race as a biological category among U.S. anthropologists has fallen, belief in the reality of race as a social category has risen in its place. The view that race simply does not exist—that it is a myth—is treated with suspicion. While racial classification is linked to many of the worst evils of recent history, it is now widely believed to be necessary to fight back against racism. In this article, I argue that race is (...) indeed a biological fiction, but I critique the claim that race is socially real. I defend a form of anti‐realist reconstructionism about race, which says that there are no races, only racialized groups—groups mistakenly believed to be races. I argue that this is the most attractive position about race from a metaphysical perspective, and that it is also the position most conductive to public understanding and social justice. (shrink)

We study the lattice of extensions of four-valued Belnap–Dunn logic, called super-Belnap logics by analogy with superintuitionistic logics. We describe the global structure of this lattice by splitting it into several subintervals, and prove some new completeness theorems for super-Belnap logics. The crucial technical tool for this purpose will be the so-called antiaxiomatic (or explosive) part operator. The antiaxiomatic (or explosive) extensions of Belnap–Dunn logic turn out to be of particular interest owing to their connection to graph theory: the lattice (...) of finitary antiaxiomatic extensions of Belnap–Dunn logic is isomorphic to the lattice of upsets in the homomorphism order on finite graphs (with loops allowed). In particular, there is a continuum of finitary super-Belnap logics. Moreover, a non-finitary super-Belnap logic can be constructed with the help of this isomorphism. As algebraic corollaries we obtain the existence of a continuum of antivarieties of De Morgan algebras and the existence of a prevariety of De Morgan algebras which is not a quasivariety. (shrink)

Bayesian probability has recently been proposed as a normative theory of argumentation. In this article, we provide a Bayesian formalisation of the ad Hitlerum argument, as a special case of the ad hominem argument. Across three experiments, we demonstrate that people's evaluation of the argument is sensitive to probabilistic factors deemed relevant on a Bayesian formalisation. Moreover, we provide the first parameter-free quantitative evidence in favour of the Bayesian approach to argumentation. Quantitative Bayesian prescriptions were derived from participants' stated subjective (...) probabilities (Experiments 1 and 2), as well as from frequency information explicitly provided in the experiment (Experiment 3). Participants' stated evaluations of the convincingness of the argument were well matched to these prescriptions. (shrink)

This paper juxtaposes two conflicting positions on the justifiability of authority: Robert Wolff's philosophical anarchist argument and a response to Wolff consisting in Joseph Raz's service conception of authority. Following an introduction, I provide a brief exposition of Wolff's claim that authority is incompatible with moral autonomy (Section 2). After presenting the Razian response (Section 3), I consider what implications follow from Raz's service conception of authority assuming it is correct (Section 4). I argue that, even if the service conception (...) successfully meets the anarchist challenge, it does so not by entirely dissolving the tension between authority and autonomy, but through a balancing act whereby one aspect of our autonomy gives way to another aspect of our autonomy. Finally, I consider the service conception of authority itself and point out certain vulnerabilities thereof (Section 5). (shrink)

This article develops an analogy proposed by Stachel between general relativity (GR) and quantum mechanics (QM) as regards permutation invariance. Our main idea is to overcome Pooley's criticism of the analogy by appeal to paraparticles. In GR, the equations are (the solution space is) invariant under diffeomorphisms permuting spacetime points. Similarly, in QM the equations are invariant under particle permutations. Stachel argued that this feature—a theory's ‘not caring which point, or particle, is which’—supported a structuralist ontology. Pooley criticizes this analogy: (...) in QM the (anti-)symmetrization of fermions and bosons implies that each individual state (solution) is fixed by each permutation, while in GR a diffeomorphism yields in general a distinct, albeit isomorphic, solution. We define various versions of structuralism, and go on to formulate Stachel's and Pooley's positions, admittedly in our own terms. We then reply to Pooley. Though he is right about fermions and bosons, QM equally allows more general types of particle symmetry, in which states (vectors, rays, or density operators) are not fixed by all permutations (called ‘paraparticle states’). Thus Stachel's analogy is revived. (shrink)