Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David (...) Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

Mainstream political liberals hold that state coercion is legitimate only if it is justified on the grounds of reasons that all may reasonably be expected to accept. Critics argue that this public justification principle is self-defeating, because it depends on moral justifications that not all may reasonably be expected to accept. To rebut the self-defeat objection, I elaborate on the following disjunction: one either agrees or disagrees that it is wrong to impose one’s morality on others by the coercive power (...) of the state. Those who disagree reject PJP, they understand politics as war. Those who agree accept PJP, they understand politics as competition. Political competitors abide by PJP to avoid politics as war, by enforcing PJP on political combatants they engage in a war that is unavoidable. In both cases their exercise of political power has a justification that is reasonably acceptable to all. (shrink)

Following the pioneering work of David Lewis, many philosophers believe that the rationale of following a convention consists in the fact that conventions are solutions to recurrent coordination problems. Margaret Gilbert has criticised this view, offering an alternative account of the nature of conventions and their normative aspect. In this paper I argue that Gilbert's criticism of Lewis and her alternative suggestions rest on serious misunderstandings. As between these two opposed views, Lewis's is closer to the truth, but I argue (...) only with respect to one type of convention. There is another, important type of conventions, whose normativity does not consist in the solution of coordination problems. The validity of conventions constituting (what I call) autonomous practices can only be derived from the values inherent in the practices they constitute and those values cannot be specified independently of the conventions themselves. (shrink)

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.

Extended Abstract This book introduces and develops a new, universal method of the scientific comprehension of reality providing the objective, ...

Viebahn (2018) has recently argued that several tests for ambiguity, such as the conjunction-reduction test, are not reliable as tests for polysemy, but only as tests for homonymy. I look at the more fine-grained distinction between regular and irregular polysemy and I argue for a more nuanced conclusion: the tests under discussion provide systematic evidence for homonymy and irregular polysemy but need to be used with more care to test for regular polysemy. I put this conclusion at work in the (...) context of the debate over the alleged referential-attributive ambiguity of the definite article. In reply to various criticisms, defenders of the ambiguity view argue that this is a case of polysemy. But opponents object that the dual use of the definite article fails tests for ambiguity. The debate seems to have come to stalemate, unless the relevance of the tests is determined for cases of alleged polysemy. I conclude that the balance of considerations incline towards rejecting the ambiguity thesis. (shrink)

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal (...) domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law. (shrink)

I critique Matthias Steup’s account of exercising direct voluntary control over coming to have doxastic attitudes via doxastic decisions. I show that the sort of agency Steup argues is exercised in doxastic decision-making is not sufficient for agents to exercise direct voluntary control over their doxastic attitudes. This counts against such putative decisions being the locus of direct control in doxastic agency. Finally, I briefly consider what, if any, consequences the failure of Steup’s theory of doxastic agency may have for (...) epistemic deontologism. (shrink)

The goal of this paper is to present a collection of properties of the set of atoms and the set of finite injective tuples of atoms, as well as of the powersets of atoms in the framework of finitely supported structures. Some properties of atoms are obtained by translating classical Zermelo–Fraenkel results into the new framework, but several important properties are specific to finitely supported structures.

We analyze the interrelation of quantum and classical entanglement. The latter notion is widely used in classical optic simulation of some quantum-like features of light. We criticize the common interpretation that “quantum nonlocality” is the basic factor differing quantum and classical realizations of entanglement. Instead, we point to the breakthrough Grangier et al. experiment on coincidence detection which was done in 1986 and played the crucial role in rejection of classical field models in favor of quantum mechanics. Classical entanglement sources (...) produce light beams with the coefficient of second order coherence \} \ge 1.\) This feature of classical entanglement is obscured by using intensities of signals in different channels, instead of counting clicks of photo-detectors. The interplay between intensity and clicks counting is not just a technicality. We elevate this issue to the high foundational level. (shrink)

What is it for an utterance of an expression to lack meaning? In this paper I address the issue along the lines of Carnap’s seminal article “Empiricism, Semantics and Ontology”. Carnap provides there an answer to the above question, which he then uses to argue that certain claims of metaphysics are meaningless. In the first section of the paper I present Carnap’s argument for the meaninglessness of certain metaphysical claims. In the second section I argue that, although the argument is (...) not compelling, the main virtue of Carnap’s proposal is the strategy he develops for generating meaningless uses of language. In the third section I propose an externalist criterion of meaningless uses of expressions that relies on semantic externalist considerations. This, I argue, bears significant resemblances to Carnap’s proposal. In the last section I discuss the applicability of the new criterion to the question concerning the meaning of metaphysical claims. (shrink)

The doctrine of agent-causation has been suggested by many interested in defending libertarian theories of free action to provide the conceptual apparatus necessary to make the notion of incompatibility freedom intelligible. In the present essay the conceptual viability of the doctrine of agent-causation will be assessed. It will be argued that agent-causation is, insofar as it is irreducible to event-causation, mysterious at best, totally unintelligible at worst. First, the arguments for agent-causation made by such eighteenth-century luminaries as Samuel Clarke and (...) Thomas Reid will be considered alongside the defenses of agent-causation proffered in this century by C.A. Campbell, Roderick Chisholm, and Richard Taylor. It will be shown that the case for agent-causation made by these figures is ultimately unconvincing. Two defenses of agent-causation made within the past ten years will then be taken up for examination and critique. First, Timothy O'Connor's attempt at advancing an unrefined and unrepentant doctrine of agent-causation will be shown to suffer from the same maladies as its predecessors. Next, Randolph Clarke's causal agent-causal theory of free action, which seeks a via media between agent-causal theories of free action and causal theories of action, is examined. Clarke's theory is an attempt at providing an account of how both events and agents qua substances can be the codeterminants of free actions. Despite the improvement of Clarke's theory over more conventional agent-causal theories of free action, it will be shown that agent-causation makes his theory more cumbersome than it needs to be. Clarke is able to get as much mileage out of a causal indeterminacy theory of action that does not require him to posit obscure agent-causes. Finally, a sketch of an alternative theory of free action will be offered. While it may suffer from its own conceptual deficiencies, it may not suffer from the same conceptual problems as agent-causal theories of free action. (shrink)

The “Mind Matters” case study presents an opportunity for students in a wide range of courses such as business ethics, organizational behavior, leadership, marketing, and strategy to recognize and contemplate the difficult planning, the ethical challenges, and the high level of creativity necessary in many business decisions when bringing a new product or service to market. Also, this case study encourages its readers to formulate solutions and provide answers for complexproblems fraught with ethical dilemmas.

The distinction between a concept and its different conceptions plays a prominent role in debates about constitutional interpretation. Proponents of a dynamic reading of the Constitution-espousing interpretation of constitutional concepts according to their contemporary understandings typically rely on the idea that the Constitution entrenches only the general concepts it deploys, without authoritatively favoring any particular conception of them-specifically, without favoring the particular conception of the relevant concept that the framers of the Constitution may have had in mind. Originalists argue, to (...) the contrary, that fidelity to the Constitution requires an understanding of its provisions according to the particular conception of the abstract concepts prevalent at the time of enactment, and not those we may now favor. My main purpose in this essay is to put some pressure on the linguistic considerations that are presented in this debate, arguing that they are much more problematic than the proponents of both positions assume. I will try to show that the debate here is actually a moral-political one, mostly about the main rationale of a constitutional regime and the conditions of its legitimacy. It is, primarily, a debate about what constitutions are for, and what makes them legitimate. But I will only get to this moral issue at the end. The main part of the essay will strive to show that the semantic considerations employed in this debate are inconclusive; the way concepts are used in a given context depends on various pragmatic determinants, and those, in turn, depend on the nature of the conversation in question. The moral disagreement is, ultimately, about the kind of conversation that constitutional regimes are taken to establish. (shrink)

Recently I posted a paper entitled “External observer reflections on QBism”. As any external observer, I was not able to reflect all features of QBism properly. The comments I received from one of QBism’s creators, C. A. Fuchs, were very valuable to me in better understanding the views of QBists. Some of QBism’s features are very delicate and extracting them from articles of QBists is not a simple task. Therefore, I hope that the second portion of my reflections on QBism (...) might be interesting and useful for other experts in quantum foundations and quantum information theory. In the present paper I correct some of my earlier posted critical comments on QBism. At the same time, other critical comments gained new validation through my recent deeper understanding of QBists views on a number of problems. (shrink)

The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex (...) and large-scale systems such as law. (shrink)

Nishi Shah has argued that the norm of truth is a prescriptive norm which regulates doxastic deliberation. Also, the acceptance of the norm of truth explains why belief is subject to norms of evidence. Steglich-Petersen pointed out that the norm of truth cannot be prescriptive because it cannot be broken deliberatively. More recently, Pascal Engel suggested that both the norms of truth and evidence are deliberately violated in cases of epistemic akrasia. The akratic agent accepts these norms but in some (...) cases he is not motivated by them. In this paper I will argue that Shah cannot use Engel's suggestion because, given his definition of doxastic deliberation, epistemic akrasia is impossible in the context of deliberation about belief. Furthermore, epistemic akrasia is in conflict with the phenomenon of doxastic transparency that Shah tries to explain. (shrink)

Humean compatibilism combines a Humean conception of laws of nature with a strong dual-ability condition for free will that requires that agents possess the ability to decide differently when they make a free decision. On the Humean view of laws of nature, laws of nature are taken to be contingent non-governing descriptions of significant regularities that obtain in the entire history of the universe. On Humean compatibilism, agents are taken to possess dual ability when making free decisions because what the (...) laws of nature will finally be is (at least partially) dependent upon how an agent decides. In this paper, I argue that the tenability of Humean compatibilism depends in part upon what theory of time is correct. More specifically, I argue that Humean compatibilism is untenable in a deterministic universe if eternalism is true. (shrink)

. The purpose of this essay is to argue that considerations of fairness play an essential role in the justification of democratic decision procedures. The first part argues that considerations of fairness form part of a practical authority's legitimacy, and that in the political context, those considerations of fairness entail a principle of equal distribution of political power. Subsequently, the article elaborates on the kind of equality which is required in democratic procedures, arguing that different principles of equality should apply (...) to the deliberation and the decision stages of democracy. Finally, the article concludes with a few sketchy remarks on the possible relations between considerations of fairness and soundness of democratic procedures. (shrink)

Many powers-realists assume that the powers of objects are identical with the dispositions of objects and, hence, that ‘power’ and ‘disposition’ are interchangeable. In this article, I aim to disentangle dispositions from powers with the goal of getting a better sense of how powers and dispositions relate to one another. I present and defend a modest realism about dispositions built upon a standard strong realism about powers. I argue that each correct disposition-ascription we can make of an object is made (...) true by the manifestations towards which a given power or collection of powers of the object is directed.RésuméDe nombreux réalistes des pouvoirs supposent que les pouvoirs des objets sont identiques aux dispositions des objets et, par conséquent, que le « pouvoir » et la « disposition » sont interchangeables. Dans cet article, j'ai pour objectif de démêler les dispositions des pouvoirs dans le but d'avoir une meilleure idée de la façon dont les pouvoirs et les dispositions se rapportent les uns aux autres. Je présente et défends un réalisme des dispositions modeste fondées sur un réalisme des pouvoirs standard fort. Je soutiens que chaque disposition-ascription correcte que nous pouvons faire d'un objet est rendue vraie par les manifestations vers lesquelles un pouvoir donné ou une collection de pouvoirs de l'objet est dirigé. (shrink)

In his landmark book on philosophical theology, Saving God: Religion After Idolatry, Mark Johnston develops a panentheistic metaphysic of the divine that he contends is compatible with ontological naturalism. On his view, God is the universe, but the ‘is’ is the ‘is’ of constitution, not identity. The universe and God are coinciding objects that share properties but have different essential modal properties and, hence, different persistence conditions. In this paper, I address the problem of accounting for what it is about (...) the organization or structure of the universe that makes it sufficient to constitute the Divine Mind. Specifically, I consider what kind of unity the universe exhibits in virtue of which it constitutes the Divine Mind. I consider how Johnston’s hylomorphic account of the unity of composite objects might be applied to provide a solution and offer an alternative that emends the Johnstonian proposal I present by exploiting a variant of a neo-Aristotelian ontology of causal powers that takes properties to be powerful qualities. On the framework I defend, we can understand the universe as a constellation of powers that displays the sort of unity sufficient to truthfully described it as a Divine Mind. The approach I recommend will, however, ultimately lend itself to a pantheistic metaphysic of the divine rather than Johnston’s preferred panentheism. (shrink)

Despite its frequent appearances in sociological textbooks, dictionaries and theoretical opuses, ethnomethodology is still one of the most misunderstood and undervalued domains of sociological inquiry. This is particularly evident in the case of the central sociological question: social order. Harold Garfinkel, the founder of ethnomethodology, provided a unique answer to the question of order. His answer emphasized a contingent, situated character of constitutive practices of local order production. Initially a response to Talcott Parsons’ question about the conditions of the stability (...) of social order, Garfinkel’s conception of constitutive order was later radicalized and used as the foundation of the programme of empirical ethnomethodological studies. To properly understand the radical character of the conception and programme, it is necessary to reveal the core elements of it and to separate them from the historically changed components. (shrink)

Journal of Political Philosophy, EarlyView.

We obtain an equivalent implicit characterization of Lp Banach spaces that is amenable to a logical treatment. Using that, we obtain an axiomatization for such spaces into a higher order logical system, the kind of which is used in proof mining, a research program that aims to obtain the hidden computational content of mathematical proofs using tools from mathematical logic. As an aside, we obtain a concrete way of formalizing Lp spaces in positive-bounded logic. The axiomatization is followed by a (...) corresponding metatheorem in the style of proof mining. We illustrate its use with the derivation for this class of spaces of the standard modulus of uniform convexity. (shrink)

The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power-conferring norms are essentially institutional, and the obligation to comply with a legitimate authority's decree is, first and foremost, institutional in nature. The main argument presented in this essay is that an explanation of practical authorities is a two-stage affair: (...) the special, practical import of an authority can only be explained against the background of an institutional setting which constitutes the authority's power and the corresponding obligation to comply. However, this obligation is not an all things considered obligation, it is conditioned on reasons to participate in the relevant institution or practice. (shrink)

Unified and causal complex-dynamic origin of standard (special and general) relativistic and quantum effects revealed previously at the lowest levels of world interaction dynamics is explicitly generalised to all higher levels of unreduced interaction processes, thus additionally confirming the causally complete character of complex-dynamical, naturally quantised relativity, which does not contain any artificially added, abstract postulates. We demonstrate some elementary applications of this generalised quantum relativity at higher levels of complex brain and social interaction dynamics.

Notre article analyse deux passages curieux du traité Sur les difficultés relatives à l’âme III. De la vision (Enn. IV.5,3 et 8), dans lesquels Plotin paraît concevoir la possibilité d’un autre univers, situé en dehors du nôtre. Or, cet autre univers doit rester inconnu pour nous à jamais, quand bien même il y aurait un « oeil placé sur le dos du Ciel » qui voudrait le voir. En outre, nous ne saurons même pas décider si cet univers existe ou (...) non. En effet, explique Plotin, plusieurs univers ne peuvent absolument pas communiquer entre eux, précisément parce qu’ils forment des univers différents. S’ils communiquaient, ils seraient autant de parties du même univers et non pas des univers séparés, parce que la communication (la sympathie dans les termes de Plotin) circule seulement à l’intérieur du même univers. Nous rapprochons cet intéressant argument de certaines idées astrophysiques modernes et de la philosophie « des mondes possible » de David Lewis, sans pour autant pratiquer une lecture « modernisante » de Plotin. (shrink)

The paper intends to study the possibility of evading the relativist dilemma: when you compare cultural forms belonging to different traditions, you either impose the result from outside, or you give up comparisons altogether as dependent on the arbiter’s parochial choices. In this paper one argues that, apart from this kind of comparison, which is called extrinsic, there is another type, called intrinsic, which is not dependent on arbiter’s choices. The essence of the intrinsic comparison is the role played by (...) the “second option” of the representatives of different traditions: it is decisive what these representatives prefer in the second place, when their first options have to be abandoned. Two old stories provide the historical paradigm of the intrinsic comparison: how Volga Khazarians are said to have converted to Judaism in the 8th century, and how the Athenian general Themistocles was voted the best general by the confederate Greek representatives. An example of contemporary intrinsic comparison between three contemporary trends – relativism, fundamentalism, rationalism – is also presented. Contrary to what Ernest Gellner believes, these trends are not incommensurable; rationalism takes precedence while being the second option of the other two trends, as soon as they want to enter a public debate. (shrink)

This paper focuses on what is known in the literature on the semantics and pragmatics of definite descriptions as “the argument from convention”. This argument purports to show that referential uses of definite descriptions are a semantic phenomenon. A key premise of the argument is that none of the pragmatic alternatives (any one of a variety of Gricean accounts of referential uses) is successful. I argue that no good reason is offered to support this claim. I conclude that the argument (...) from convention fails to be compelling. (shrink)

Human tragedy could be summed up a single word—death. One first encounters it through the death of others, and then everyone faces it for themselves. The Christian faith confronts humanity’s final foe head on, delivering sustained hope amidst the sorrow and despair of impending death. This paper will first address the central role of the resurrection of the dead in First Corinthians. Second, the paper will present Paul’s retort to several challenges raised against the notion of the resurrection. Finally, the (...) paper will attempt to systematize the means by which Paul proves the resurrection of the dead. (shrink)

Building upon Melchert 1985, I assess the syntax of Hittite imma with special attention to its second-position requirement.

The efficient markets hypothesis has been the central proposition in finance for nearly thirty years. It states that securities prices in financial markets must equal fundamental values, either because all investors are rational or because arbitrage eliminates pricing anomalies. This book describes an alternative approach to the study of financial markets: behavioral finance. This approach starts with an observation that the assumptions of investor rationality and perfect arbitrage are overwhelmingly contradicted by both psychological and institutional evidence. In actual financial markets, (...) less than fully rational investors trade against arbitrageurs whose resources are limited by risk aversion, short horizons, and agency problems. The book presents and empirically evaluates models of such inefficient markets. Behavioral finance models both explain the available financial data better than does the efficient markets hypothesis and generate new empirical predictions. These models can account for such anomalies as the superior performance of value stocks, the closed end fund puzzle, the high returns on stocks included in market indices, the persistence of stock price bubbles, and even the collapse of several well-known hedge funds in 1998. By summarizing and expanding the research in behavioral finance, the book builds a new theoretical and empirical foundation for the economic analysis of real-world markets. (shrink)

Cultural schemas are a central cognitive mechanism through which culture affects action. In this article, we develop a theoretical model of cultural schemas that is better able to support empirical work, including inferential, sensitizing, and operational uses. We propose a multilevel framework centered on a high-level definition of cultural schemas that is sufficiently broad to capture its major sociological applications but still sufficiently narrow to identify a set of cognitive phenomena with key functional properties in common: cultural schemas are socially (...) shared representations deployable in automatic cognition. We use this conception to elaborate the main theoretical properties of cultural schemas, and to provide clear criteria that distinguish them from other cultural or cognitive elements. We then propose a series of concrete tests empirical scholarship can use to determine if these properties apply. We also demonstrate how this approach can identify potentially faulty theoretical inferences present in existing work. Moving to a lower level of analysis, we elaborate how cultural schemas can be algorithmically conceptualized in terms of their building blocks. This leads us to recommend improvements to methods for measuring cultural schemas. We conclude by outlining questions for a broader research program. (shrink)