Legal anti-positivism is widely believed to be a general theory of law that generates far too many false negatives. If anti-positivism is true, certain rules bearing all the hallmarks of legality are not in fact legal. This impression, fostered by both positivists and anti-positivists, stems from an overly narrow conception of the kinds of moral facts that ground legal facts: roughly, facts about what is morally optimific—morally best or morally justified or morally obligatory given our social practices. A less restrictive (...) view of the kinds of moral properties that ground legality results in a form of anti-positivism that can accommodate any legal rule consistent with positivism, including the alleged counter-examples. This form of “inclusive” anti-positivism is not just invulnerable to extensional challenges from the positivist. It is the only account that withstands extensional objections, while incorporating, on purely conceptual grounds, a large part of the content of morality into law. (shrink)

The intentionality of sensation -- The first person -- Substance -- The subjectivity of sensation -- Events in the mind -- Comments on Professor R.L. Gregory's paper on perception -- On sensations of position -- Intention -- Pretending -- On the grammar of "Enjoy" -- The reality of the past -- Memory, "experience," and causation -- Causality and determination -- Times, beginnings, and causes -- Soft determinism -- Causality and extensionality -- Before and after -- Subjunctive conditionals -- "Under a (...) description" -- Analysis competition--tenth problem -- A reply to Mr. C.S. Lewis's argument that "naturalism" is self-refuting. (shrink)

The metaethical subjectivist claims that there is nothing more to a moral disagreement than a conflict in the desires of the parties involved. Recently, David Enoch has argued that metaethical subjectivism has unacceptable ethical implications. If the subjectivist is right about moral disagreement, then it follows, according to Enoch, that we cannot stand our ground in moral disagreements without violating the demands of impartiality. For being impartial, we’re told, involves being willing to compromise in conflicts that are merely due to (...) competing desires—the parties to such conflicts should decide what to do on the basis of a coin flip. I suggest that Enoch is mistaken in his conception of what it means to be impartial. Once impartiality is properly construed, standing one’s ground in desire-based conflicts, whether or not moral values are at stake in the conflict, is consistent with being impartial. I defend a view on which impartiality can be understood in terms of features of our desiring attitudes. An agent acts impartially in desire-based conflicts whenever she is motivated by a final desire that aims at promoting the wellbeing of persons in a way that is insensitive to the identities of persons and their morally arbitrary features like their gender or skin color. Based on the account, I explain where Enoch’s discussion of the argument goes wrong, as well as why responses to the argument from Enoch’s critics have so far missed the mark. (shrink)

One of the most significant philosophical works of the twentieth century, _Contributions to Philosophy_ is also one of the most difficult. Parvis Emad, in this collection of interpretive and critical essays, unravels and clarifies this challenging work with a rare depth and originality. In addition to grappling with other commentaries on Heidegger, he highlights Heidegger's "being-historical thinking" as thinking that sheds new light on theological, technological, and scientific interpretations of reality. At the crux of Emad's interpretation is his (...) elucidation of the issue of "the turning" in Heidegger's thought and his "enactment" of Heidegger's thinking. He finds that only when Heidegger's work is enacted is his thinking truly revealed. (shrink)

Purpose Responsible research and innovation is taking a role in assisting all types of stakeholders, including industry members, in moving their research and innovation initiatives to tackle grand challenges. The literature on RRI, however, focuses little on how industry can implement RRI principles. To solve this gap, the purpose of this study is to construct a conceptual framework for managing and assessing RRI principles in the industry. Design/methodology/approach Qualitative research was used to build the RRI key performance indicator list; 30 (...) interviews were conducted to design a framework which was pilot tested in a company to identify how to align technology outcomes to the values, needs and expectations of the society. Findings This study depicts five successive RRI implementation levels and exhibits RRI key performance indicators. Drawing on extant models, this study develops RRI levels and indicators to discuss why industry should become engaged in RRI, how it can embed RRI principles into R&I processes and how RRI indicators can be managed systematically. Originality/value The connection between RRI key performance indicators and RRI levels determines how industry can integrate principles and methodologies of RRI into R&I processes. The model in the study shows how companies move from one RRI stage to another and this study aims to exhibit an ideal stage of RRI for industry. (shrink)

This paper has two closely related objectives. (a) Relying on the most recent studies devoted to the question of Heidegger and translation, this paper takes a closer look at this question by examining the comments Heidegger made on the issue of translation in the course of a seminar he gave in 1951 at Cérisy-la-Salle. (b) Drawing upon the concept of a productive translation that Heidegger puts forth in that seminar, and distinguishing a being-historical (seinsgeschichtliche) work from a historical presentation (historische (...) Darstellung) the paper at the end attempts a critical assessment of the English translation of Heidegger’s Nietzsche. (shrink)

The fallacy of premature designations such as “Iran's Twitter Revolution” can be attributed to the empirical gap in our knowledge about such sociotechnical phenomena in non-Western societies. To fill this gap, we need in-depth analyses of social media use in those contexts and to create detailed maps of online public environments in such societies. This paper aims to present such cartography of the political landscape of Persian Twitter by studying the case of Iran's 2013 presidential election. The objective of this (...) study is twofold: first, to fill the empirical gap in our knowledge about Twitter use in Iran, and second, to develop computational methods for studying Persian Twitter and identify the best methods for addressing different issues. During Iran's 2013 presidential election, three million tweets were collected and analyzed using social network analysis and machine learning. The findings provide a more nuanced view of the political landscape of Persian Twitter and identify patterns in accordance with or in contrast to those identified in the English-speaking Twittersphere around the 2013 presidential election. Persian Twitter was dominated by micro-celebrities, whereas institutional elites dominated English discourse about Iran on Twitter. The results also illustrate that Persian Twitter in 2013 was predominantly in favor of reformists. Finally, this study demonstrates that sentiment analysis toward political name entities can be used efficiently for mapping the political landscape of conversation on Twitter. (shrink)

Taking perceptual experience to consist in a relation of acquaintance with the sensible qualities, I argue that the state of being acquainted with a sensible quality is intrinsically a form of knowledge, and not merely a means to more familiar kinds of knowledge, such as propositional or dispositional knowledge. We should accept the epistemic claim for its explanatory power and theoretical usefulness. That acquaintance is knowledge best explains the intuitive epistemic appeal of ‘Edenic’ counterfactuals involving unmediated perceptual contact with reality (...) (cf. Chalmers, in: Gendler, Hawthorne (eds) Perceptual experience, Oxford University Press, 2006). It explains the elusiveness of knowledge gained through new acquaintances. It coheres with the knowledge-like functional role of acquaintance in the special context of evaluative beliefs and evaluative reasoning, where the objects of acquaintance serve as evidence and inferential basis. And, finally, taking acquaintance to be knowledge is theoretically fruitful: it helps vindicate claims about the relationship between knowledge and concern for others we already find intuitive or outright accept. After developing a novel case for the epistemic claim, I respond to two familiar objections against it: namely, (1) that there are no pre-propositional, pre-conceptual cases of perceptual experience that remain epistemically relevant (Sellars in Empiricism and the philosophy of mind, Routledge, 1968, McDowell, in: Lindgard (ed) John McDowell: Experience, norm, and nature, Blackwell, 2008); and (2) that the category of knowledge appears gerrymandered once we add ‘object’ knowledge to the epistemological mix (Farkas, in: Knowles, Raleigh (eds), Acquaintance: new essays, Oxford University Press, 2019). (shrink)

Using intelligent software agents in the world of e-commerce may give rise to many difficulties especially with regard to the validity of agent-based contracts and the attribution of liability for the actions of such agents. This paper thus critically examines the main approaches that have been advanced to deal with software agents, and proposes the gradual approach as a way of overcoming the difficulties of such agents by adopting different standards of responsibility depending whether the action is done autonomously by (...) an unattended software, or whether it is done automatically by an attended software. Throughout this paper, it is argued that the introduction of “one size” regulation without sufficient consideration of the nature of software agents or the environments in which they communicate might lead to a divorce between the legal theory and technological practice. It is also concluded that it is incorrect to deal with software agents as if they were either legal persons or nothing without in any way accounting for the fact that there are various kinds of such agents endowed with different levels of autonomy, mobility, intelligence, and sophistication. However, this paper is not intended to provide the final answer to all problematic questions posed by the emergence of intelligent software agents, but is designed to provide some kind of temporary relief until such agents reach a more reliable and autonomous level whereby law begins to regard them, rather than their users, as the source of the relevant action. (shrink)

This study examines the effects of teaching philosophy for children (P4C) on the development of non-cognitive skills among students. Although the main focus of modern schooling is on attainment, non-cognitive skills and attitudes are still within the scope of modern education. The Ministry of Education in Saudi Arabia introduced a new policy to teach critical thinking and philosophy in its public schools in 2017. Although the effects of teaching philosophy on cognitive skills have been well-researched, fewer studies have studied the (...) effects the teaching philosophy has on non-cognitive skills. The current study is the first to explore this issue in the Saudi educational context. This paper presents findings from a quasi-experiential design using 28 students in a Saudi elementary public school. An experimental group of sixth-graders participated in Philosophy for Children (P4C) sessions for 3 months, while the other group of sixth-graders did not receive any philosophy-related training. To collect data, the researchers used a survey designed for non-cognitive outcomes. The results show that the P4C group ranked higher in measures of communication, sociability, self-confidence, determination, willingness to try new things, happiness, and solving problems. On the other hand, the results show that the P4C group lagged behind in terms of empathy, democracy, and diversity compared to the experimental group. However, the differences are minor, and the sample is small. Nonetheless, the results are promising in indicating that P4C can improve students’ non-cognitive skills. (shrink)

According to Fine (among others), a nonbasic factual proposition must be grounded in facts involving those of its constituents that are both real and fundamental. But the principle is vulnerable to several dialectically significant counterexamples. It entails, for example, that a logical Platonist cannot accept that true disjunctions are grounded in the truth of their disjuncts; that a Platonist about mathematical objects cannot accept that sets are grounded in their members; and that a color primitivist cannot accept that an object’s (...) being scarlet grounds its not being chartreuse. The Finean might try to defend these implications, but it generates further problems. Instead, the principle should be rejected. An important upshot is that the principle cannot be relied on, as it has been, to distinguish robust realists from anti-realists about a propositional domain—the principle obscures ways of taking features to be both real and fundamental. (shrink)

Among the fragments published in Zettel, one finds one of Wittgenstein's most enigmatic comments. In entry 455, he states that "the philosopher is not a citizen of any community of ideas. That is what makes him into a philosopher". The apparent incongruity between this entry and the thrust of Wittgenstein's later works initially draws one's attention, but the passage sustains interest because it is situated at the nexus of issues addressed in current philosophical debate regarding cultural pluralism. This paper attempts (...) to make sense of the Zettel fragment in the contexts of both Wittgenstein's own analysis and such debate. It argues that the post-Enlightenment philosopher's role entails a cosmopolitan point of view with promotes both the recognition of citizens' embeddedness in a cultural tradition and the need for a critical distancing from that tradition, occasioned by an awareness of cultural pluralism. (shrink)

This paper attempts to elucidate the exceptional stance Heidegger takes in Beiträge toward Hölderlin’s “poetizing.” On the one hand, Beiträge provides no specific guideline for understanding this exceptional stance. On the other hand, the text of a “Dialogue” Heidegger wrote almost a decade after Beiträge, providesthe hermeneutic guideline needed for understanding Heidegger’s exceptional position on this poet. This hermeneutic guideline is none other than what Heidegger calls the “Will.” Following this guideline, the paper proceeds to highlight the hermeneutic thesis according (...) to which another appearing of being (Sein)—one not referentially dependent upon the “Will”—is sheltered and preserved in Hölderlin’s “poetizing.” Elucidating this thesis the paper concludes that Hölderlin’s“poetizing” unfolds from within the Other Onset (der andere Anfang) of thinking. (shrink)

Acupuncture, like many alternative health care modalities, allows for and encourages a bodily experience of transformation. Clients (as well as practitioners) often experience a new body in the making. Within the context of ethnographic work focusing on the emergent bodies of acupuncturists and their clients, this paper focuses on the third, and perpetually more hidden, member of this ethnographic triad: the anthropologist. How do anthropologists position themselves in relation to alternative health care? Where is the anthropologists' body in relation to (...) an alternative health modality like acupuncture? Certainly fieldwork is never solely a discursive venture. Where are our bodies when we are doing fieldwork? (shrink)

The kind of empathy that is communicated through expressions like “I feel your pain” or “I share your sadness” is important, but peculiar. For it seems to require something perplexing and elusive: sharing another’s experience. It’s not clear how this is possible. We each experience the world from our own point of view, which no one else occupies. It’s also unclear exactly why it is so important that we share others' pains. If you are in pain, then why should it (...) matter, and be a good thing, that I am also in the same pain? Our goal in this paper is to address these questions. Specifically, our goal is to clarify how empathy, in the regimented sense of sharing another’s pain, is possible and why it is important. Central to our account is the concept of being acquainted with—that is, directly aware of—pain. When I feel my own pain, and am acquainted with it, I want the pain to stop, and I’m moved—sometimes compelled—to stop it. My acquaintance with the pain is what reveals that it is no good, to be gotten rid of, and to be avoided in the future. Acquaintance also appears to be implicated in our understanding of, and motivation to relieve, others’ pains. When I say “I feel your pain” I express an awareness of your pain, a direct appreciation of its noxious qualities, and, as with my own pain, an understanding of why it ought to be eased. Explaining how empathy is both possible and important therefore involves clarifying the nature of acquaintance: its limits, epistemic role, and motivational significance. What our analysis reveals is that agents have both epistemic and moral reasons to share other people’s pain because pain-sharing is the source of a species of character-building knowledge that we have no other way of accessing except through direct acquaintance with pain. (shrink)

Based on a framework that distinguishes several types, roles and functions of values in science, we discuss legitimate applications of values in the validation of computer simulations. We argue that, first, epistemic values, such as empirical accuracy and coherence with background knowledge, have the role to assess the credibility of simulation results, whereas, second, cognitive values, such as comprehensiveness of a conceptual model or easy handling of a numerical model, have the role to assess the usefulness of a model for (...) investigating a hypothesis. In both roles, values perform what we call first-order functions. In addition, cogni¬tive values may also serve an auxiliary function by facilitating the assessment of credibility. As for a third type of values, i.e. social values, their legitimate role consists in specifying and weighing epistemic and cognitive values with respect to practical uses of a simulation, which is considered a second-order function. Rational intersubjective agreement on how to specify and weigh the different values is supposed to ensure objectivity in simulation validation. (shrink)

Russell (1911/12) argued that perceptual experience grounds a species of non-propositional knowledge, “knowledge by acquaintance,” and in recent years, this account of knowledge has been gaining traction. I defend on its basis a connection between moral and epistemic failure. I argue, first, that insufficient concern for the suffering of others can be explained in terms of an agent’s lack of acquaintance knowledge of another’s suffering, and second, that empathy improves our epistemic situation. Empathic distress approximates acquaintance with another’s suffering, and (...) empathic agents who are motivated to help rather than disengage exhibit an important epistemic virtue: a variety of intellectual courage. A key upshot is that an independently motivated account of the structure and significance of perceptual experience is shown to provide theoretical scaffolding for understanding a famously elusive idea in ethics—namely, that the failure to help others stems from a kind of ignorance of their situation. (shrink)

Expressivists traditionally explain normative supervenience by saying it is a conceptual truth. I argue against this tradition in two steps. First, I show the modal claim that stands in need of explanation has been stated imprecisely. Classic arguments in metaethics for normative supervenience and those that rely on it as a premise presuppose a constraint on the supervenience base that is rarely (if ever) made explicit: the repeatability of the non-normative properties on which the normative supervenes. Non-normative properties are repeatable (...) when it is possible for numerically distinct individuals to share them. Second, I show if the modal truth that stands in need of explanation entails that there are individuals exactly alike in repeatable non-normative respects that cannot normatively differ, then standard expressivist accounts of normative supervenience as a conceptual truth are unsuccessful. Expressivist metasemantics for normative terms, together with constitutive facts about the non-cognitive attitudes essentially involved in normative thought, strongly suggest that repeatable supervenience could not be a conceptual truth. I argue, finally, that although repeatable supervenience bears the marks of a conceptual truth, expressivists should be content to treat it as an ordinary normative truth, and to explain it the same way they explain other normative truths. (shrink)

The debate on the foundations of knowledge and meaning has gained particular attention in recent philosophical discourse. A number of commentators, including Richard Rorty, have categorized leading contemporary philosophers such as Wittgenstein as being 'anti-foundationalist". In this comprehensive analysis of Wittgenstein's concept of the form of life and its implications, Professor Conway takes issue with this characterization of Wittgenstein. Instead, the author interprets Wittgenstein as continuing the discussion of foundations, while radically transforming the very understanding of foundations.

Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference to our (...) sentencing case law,” as the Supreme Court recently put it. Kansas v. Carr, 577 U.S. 108, 119 (2016). According to these courts, “it would mean nothing” to ask whether the defendant “deserves mercy beyond a reasonable doubt” or “more-likely-than-not deserves it” because moral questions are not “factual.” Instead, moral determinations are highly subjective “value calls” to which concepts of doubt and certainty do not intelligibly apply. -/- Implicit in these rulings is a controversial view of the nature of moral judgment. This Article traces the contours of the view and argues that it is out of step with the way the broader public thinks about morality and fails to address the issues defendants have raised. Courts should avoid wading into such controversial waters for two reasons. First, the judiciary has historically maintained neutrality on issues of significant public concern. Second, even if moral determinations are not factual, applying a standard of proof to at least some moral decisions at sentencing would change the outcome of the sentencer’s deliberations, and improve the legitimacy of the legal system. For the reasonableness of doubt depends on context; and moral questions—"are you certain the defendant deserves death?”—make salient the stakes relative to which a person should decide what to believe about ordinary empirical matters. On the resulting view, reasonable doubt in the final moral analysis is not just intelligible, but essential for correcting a bias in the structure of the bifurcated criminal trial that systematically disadvantages defendants: the tendency for de-contextualized "factual findings” in the guilt phase to control outcomes at sentencing. (shrink)

I IT is often declared or evidently assumed that causality is some kind of necessary connexion, or alternatively, that being caused is — non-trivially ...

Cognitive values like simplicity, broad scope, and easy handling are properties of a scientific representation that result from the idealization which is involved in the construction of a representation. These properties may facilitate the application of epistemic values to credibility assessments, which provides a rationale for assigning an auxiliary function to cognitive values. In this paper, I defend a further rationale for cognitive values which consists in the assessment of the usefulness of a representation. Usefulness includes the relevance of a (...) representation regarding the investigation of a given problem and its practicability for the users. This rationale builds on the claim that any evaluation of scientific representations should pursue two aims: providing information about their credibility and providing information about their usefulness. Cognitive values relating to the usefulness of a representation and epistemic values relating to its credibility both perform a first-order function. Cognitive values are abstract, and several values with first-order functions may conflict in their application. Thus, in order for cognitive values to account for the sort of problem that is to be investigated by means of a representation, they need to be appropriately specified and weighed. Comprehensiveness, complexity, high resolution, and easy handling, for instance, may be required in a first-order function for model-based prediction of regional climate impacts but not for explaining how the global climate system works. Specifying and weighing cognitive and epistemic values relative to a given problem is a legitimate second-order function of social values. (shrink)

There are numerous books which seek to interpret Martin Heidegger’s seminal text, Beiträge zur Philosophie (Vom Ereignis), and others which address the question of how to translate his writings. By joining these two tasks, Translation and Interpretation: Learning from Beiträge, stands out from other such books in the field of Heidegger studies. The volume begins with Parvis Emad’s translation of an original essay by Martin Heidegger, “Contributions of Philosophy. The Da-sein and the Be-ing (Enowning).” -/- Through six carefully crafted (...) essays, Emad then takes the reader through a journey which examines the relationship between Heidegger’s being-historical thinking and such key figures—including Friedrich Nietzsche, Rainer Maria Rilke, and Friedrich Hölderlin—who either occupy the forefront at the end of metaphysics or mark the “crossing” to the “other beginning.” -/- This book will be of special interest to scholars and graduate students alike, whether in philosophy or such diverse fields as poetry and linguistics. (shrink)

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. Indeed, (...) for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)