This article is an attempt to examine and clarify the truth theory of American pragmatism. Three central ideas of this truth theory will be considered in light of Whitehead's metaphysics: a rejection of the correspondence theory of truth, a defense of fallibilism, and a recognition of the temporality of truth.

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. (...) Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond. (shrink)

The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors certain emotional (...) commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called “constitutional sentiments.”. (shrink)

A simple inductive argument shows natural languages to have infinitly many sentences, but workers in the field have uncovered clear evidence of a diverse group of ‘exceptional’ languages from Proto-Uralic to Dyirbal and most recently, Pirahã, that appear to lack recursive devices entirely. We argue that in an information-theoretic setting non-recursive natural languages appear neither exceptional nor functionally inferior to the recursive majority.

People seem to differ in their visual search performance involving emotionally expressive faces when these expressions are seen on faces of others close to their age compared to faces of non-peers, known as the own-age bias. This study sought to compare search advantages in angry and happy faces detected on faces of adults and children on a pool of children and adults. The goals of this study were to examine the developmental trajectory of expression recognition and examine the development of (...) an OAB. Participants were asked to find a target face displaying an emotional expression among eight neutral faces. Results showed that children and adults found happy faces significantly faster than angry and fearful faces regardless of it being present on the faces of peers or non-peers. Adults responded faster to the faces of peers regardless of the expression. Furthermore, while children detected angry faces significantly faster compared to fearful ones, we found no such difference in adults. In contrast, adults detected all expressions significantly faster when they appeared on the faces of other adults compared to the faces of children. In sum, we found evidence for development in detecting facial expressions and also an age-dependent increase in OAB. We suggest that the happy face could have an advantage in visual processing due to its importance in social situations and its overall higher frequency compared to other emotional expressions. Although we only found some evidence on the OAB, using peer or non-peer faces should be a theoretical consideration of future research because the same emotion displayed on non-peers’ compared to peers’ faces may have different implications and meanings to the perceiver. (shrink)

Neanderthal extinction is a matter of intense debate. It has been suggested that demography (as opposed to environment or competition) could alone provide a sufficient explanation for the phenomenon. We argue that demography cannot be a ‘stand-alone’ or ‘alternative’ explanation of token extinctions as demographic features are entangled with competitive and environmental factors, and further because demography should not be conflated with neutrality.

This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

Many believe that values are crucially dependent on emotions. This paper focuses on epistemic aspects of the putative link between emotions and value by asking two related questions. First, how exactly are emotions supposed to latch onto or track values? And second, how well suited are emotions to detecting or learning about values? To answer the first question, the paper develops the heuristics-model of emotions. This approach models emotions as sui generis heuristics of value. The empirical plausibility of the heuristics-model (...) is demonstrated using evidence from experimental psychology, evolutionary anthropology and neuroscience. The model is used then to answer the second question. If emotions are indeed heuristics of value, then it follows that emotions can be an important and useful source of information about value. However, emotions will not be epistemically superior in the sense of being the highest court of appeal for the justification of axiological beliefs (the latter view is referred to as the Epistemic Dependence Thesis, or EDT for short). The paper applies the heuristics-model to celebrated cases from the philosophy of emotions literature arguing that while the heuristics-model offers a good explanation of typical patterns of emotional reactions in such cases, advocates of EDT will have a hard time accounting for these patterns. The paper also shows that the conclusions drawn from special cases generalize. The paper ends by arguing that skepticism about the metaethical significance of emotions is compatible with a commitment to the importance of emotions in first-order normative ethics. (shrink)

Sentimentalists believe that values are crucially dependent on emotions. Epistemic sentimentalists subscribe to what I call the final-court-of-appeal view: emotional experience is ultimately necessary and can be sufficient for the justification of evaluative beliefs. This paper rejects this view defending a moderate version of rationalism that steers clear of the excesses of both “Stoic” rationalism and epistemic sentimentalism. We should grant that emotions play a significant epistemic role in justifying evaluations. At the same time, evaluative justification is not uniquely or (...) especially dependent on emotions. The anti-sentimentalist argument developed in this paper is based on the indeterminacy thesis. The thesis states that the evaluative properties picked out by our emotional responses are too indeterminate to play a central role in our evaluative practices. I argue that while the indeterminacy thesis undermines the final-court-of-appeal view it supports the claim that emotional responses can provide prima facie justification for evaluative beliefs. (shrink)

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

Climate change has historically been an evolutionary determinant for our species, affecting both hominin evolutionary innovations and extinction rates, and the early waves of migration and expansion outside Africa. Today Homo sapiens has turned itself into a major geological force, able to cause a biodiversity crisis comparable to previous mass extinction events, shaping the Earth surface and impacting biogeochemical cycles and the climate at a global level. We argue that anthropogenically-driven climate change must be understood in terms of a monumental (...) niche construction process, generating long-term ecological inheritance and eco-evolutionary feedbacks that are putting our health and well-being and those of future generations at risk. We then list five major sources of climate change counter-intuitiveness, highlighting how evolved cognitive biases and heuristics may stand in the way of providing effective responses within tight deadlines. Drawing on our framing of the climate breakdown, we finally call for an evolutionary perspective in approaching the adaptive challenge posed by climate change: we argue that putting the brakes on a genuine self-endangering evolutionary trap ultimately depends on our counteractive niche constructing abilities, played at the level of our institutional and innovation capacity. (shrink)

Individualists hold that moral responsibility can be ascribed to single human beings only. An important collectivist objection is that individualism is morally deficient because it leaves a normative residue. Without attributing responsibility to collectives there remains a “deficit in the accounting books” (Pettit). This collectivist strategy often uses judgment aggregation paradoxes to show that the collective can be responsible when no individual is. I argue that we do not need collectivism to handle such cases because the individualist analysis leaves no (...) responsibility-deficit. Harm suffered in such situations can have only two sources. Harm is either due to culpable wrongdoing by individuals. Harm is then redressed by holding these individuals responsible. Or harm does not result from culpable wrongdoing. Such harm may have to be redressed too, but not because anyone is responsible for it. Therefore, the charge of moral insensitivity against individualist accounts can be rejected. Furthermore, in the last section of the chapter I will show that collectivist talk about moral responsibility can be used for ethically questionable purposes as well. Collectivists cannot claim the moral high ground. (shrink)

An aesthetic sense—a taste for the creation and/or appreciation of that which strikes one as, e.g., attractive or awesome—is often assumed to be a distinctively H. sapiens phenomenon. However, recent paleoanthropological research is revealing its archaeologically visible, deeper roots. The sensorimotor/perceptual and cognitive capacities underpinning aesthetic activities are a major focus of evolutionary aesthetics. Here we take a diachronic, evolutionary perspective and assess ongoing scepticism regarding whether, and to what extent, aesthetic capacity extends to our evolutionary cousins, the Neanderthals. The (...) goal of this article is twofold. First, it serves as a defence of the attribution of Neanderthal aesthetic capacity by marshalling archaeological data best explained by positing a Neanderthal aesthetic sense. Second, it offers an opportunity to make progress on understanding some epistemically relevant features of the wider debate in evolutionary aesthetics. First, we outline and analyse a range of distinct ‘sceptical arguments’ derived from attitudes and claims found in the literature and broader debate that aim to dial down the case for Neanderthal aesthetic capacity. We show that these arguments not only miss their target, they divert the debate away from more compelling questions. We then consider the case for protoaesthetic capacities and sensitivities in the Acheulean stone tool industry and argue that Neanderthals likely inherited the protoaesthetic package from ancient ancestors that they shared with H. sapiens. Finally, we sketch and defend a research agenda for framing Neanderthal aesthetic niche(s) beyond H. sapiens-derived standards, which we see as a priority for future archaeological, cognitive, and philosophical research. While we resist sceptical arguments and the often-implied inferiority of Neanderthals to humans, we also deny that Neanderthals and ancient humans were indistinguishable. Understanding the differences is an important goal of interpretation, and we apply this line of reasoning to the case of aesthetics. (shrink)

How can thought experiments lead to new empirical knowledge if they do not make use of empirical information? This puzzle has been widely discussed in the philosophy of science. It arises in conceptual metaphor research as well and is especially important for the clarification of its empirical foundations. The aim of the paper is to suggest a possible solution to the puzzle of thought experiments in conceptual metaphor research. The solution rests on the application of a novel metatheoretical framework that (...) conceives of linguistic theorizing as a process of plausible argumentation. The central idea of the solution is that through the dynamic feedback mechanism of the cyclic, prismatic and retrospective re-evaluation of information, thought experiments in conceptual metaphor research may indirectly supply the process of plausible argumentation with empirical knowledge. (shrink)

This paper argues that emotions can play an epistemic role as justifiers of evaluative beliefs. It also presents the heuristics theory of emotion as an empirically informed explanation of how emotions can play such a role and why they in practice usefully complement non-affective evaluative judgments. As such, the heuristics theory represents a form of moderate rationalism: it acknowledges that emotions can be epistemically valuable, even privileged in some sense, but denies that they would be uniquely privileged. I argue that (...) judgments and emotional responses pick out different but correlated kinds of evaluative properties and therefore emotional responses and non-affective evaluative judgments play mutually complementary rather than mutually exclusive roles. It follows that emotional responses can be legitimately drawn upon to support evaluative beliefs, but they lack supreme epistemic authority. (shrink)

The idea that language is metaphoric in nature has often been suggested or stated since Vico and Rousseau. Derrida, too, often writes about metaphor and the impression he gives is that he is arguing for the metaphoric nature of both thought, whether philosophic or not, and language. Interpreters like de Man or Culler have helped to spread this impression. If it is correct, Derrida shares a pan-metaphoric view of language and whatever can be made with it. It is useful to (...) refer to Derrida's view because in my opinion he has been very good at saying what language is, even if he has been very much in the wrong in seeing no distinction between language and language use. Let us consider first what he has been good at. (shrink)