I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

Une des façons de demander ce qu'est la philosophie est de demander simplement « qu'appelle-t-on penser ». Car en un sens, la philosophie n'est que la pensée prenant pleine conscience d'elle-même. Le fait que deux penseurs hautement originaux, suivant pourtant des chemins indépendants, révèlent de frappantes similitudes dans leur réponse à cette question, peut apparaître comme une confirmation de l'authenticité de leur pensée respective.

It has been a common belief among scientists, including mathematicians, that young scientists are especially good at bringing about scientific change. A number of studies suggest, however, that older scientists are not more resistant to change than young scientists are. It is nonetheless worth examining why a scientist’s or mathematician’s outsider status – due to age, educational background, or something else – can sometimes be effective in enabling scientific change. This paper focuses on the case of the solving of the (...) Four Color Problem by Wolfgang Haken and Kenneth Appel. Building on Donald MacKenzie’s paper ‘Slaying the kraken: The sociohistory of a mathematical proof’, I argue that Haken’s outsider status is central to understanding his success with the problem. On this basis, I offer an argument against Margaret Gilbert’s account of why a scientist’s outsider status can be effective in enabling scientific change. (shrink)

Kant famously declares that “although all our cognition commences with experience, … it does not on that account all arise from experience”. This marks Kant’s disagreement with empiricism, and his contention that human knowledge and experience require both sensation and the use of certain a priori concepts, the Categories. However, this is only the surface of Kant’s much deeper, though neglected view about the nature of reason and judgment. Kant holds that even our a priori concepts are acquired, not from (...) sensation, but “originally,” because our mind has a fundamental capacity to judge that, upon sensory stimulation, generates the Categories through its basic logical functions of judgment. This “epigenesis” of reason and our fundamental capacity to judge that drives it is the topic of Longuenesse’s fascinating book, and the source of her title. (shrink)

Four current accounts of theory reduction are presented, first informally and then formally: (1) an account of direct theory reduction that is based on the contributions of Nagel, Woodger, and Quine, (2) an indirect reduction paradigm due to Kemeny and Oppenheim, (3) an "isomorphic model" schema traceable to Suppes, and (4) a theory of reduction that is based on the work of Popper, Feyerabend, and Kuhn. Reference is made, in an attempt to choose between these schemas, to the explanation of (...) physical optics by Maxwell's electromagnetic theory, and to the revisions of genetics necessitated by partial biochemical reductions of genetics. A more general reduction schema is proposed which: (1) yields as special cases the four reduction paradigms considered above, (2) seems to be in better accord with both the canons of logic and actual scientific practice, and (3) clarifies the problems of meaning variance and ontological reduction. (shrink)

This article reviews 1 decade of research on cheating in academic institutions. This research demonstrates that cheating is prevalent and that some forms of cheating have increased dramatically in the last 30 years. This research also suggests that although both individual and contextual factors influence cheating, contextual factors, such as students' perceptions of peers' behavior, are the most powerful influence. In addition, an institution's academic integrity programs and policies, such as honor codes, can have a significant influence on students' behavior. (...) Finally, we offer suggestions for managing cheating from students' and faculty members' perspectives. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

Codes of conduct are viewed here as a community’s attempt to communicate its expectations and standards of ethical behavior. Many organizations are implementing codes, but empirical support for the relationship between such codes and employee conduct is lacking. We investigated the long term effects of a collegiate honor code experience as well as the effects of corporate ethics codes on unethical behavior in the workplace by surveying alumni from an honor code and a non-honor code college who now work in (...) business. We found that self-reported unethical behavior was lower for respondents who work in an organization with a corporate code of conduct and was inversely associated with corporate code implementation strength and embeddedness. Self-reported unethical behavior was also influenced by the interaction of a collegiate honor code experience and corporate code implementation strength. (shrink)

This essay selectively reviews, from an historical and philosophical perspective, the dopamine (DA) hypothesis of schizophrenia (DHS; Table 1 lists the abbreviations used in this essay). Our goal is not to adjudicate the validity of the theory—although we arrive at a generally skeptical conclusion—but to focus on the process whereby the DHS has evolved over time and been evaluated. Since its inception, the DHS has been the most prominent etiologic theory in psychiatry and is still referred to widely in current (...) textbooks (e.g., Buchanan and Carpenter, Jr. 2005, 1336; Cohen 2003, 225; Gazzaniga 2004, 1257;Kandel et al. 2000, 1200). Understanding its origins and evolution should help to clarify the nature of modern .. (shrink)

This book is a comparative study of Kant, Rawls, and Habermas and a critical survey of recent theories of justice. It defends the thesis that the normative ground or basis of social criticism is found in a concept of the person as a free and equal moral being.

The Systematicity Arguments is the only book-length treatment of the systematicity and productivity arguments.

Biologists seems to hold two fundamental beliefs: Organisms are organized into levels and the individuals at these levels differ in their properties. Together these suggest that there will be massive multiple realization, i.e. that many human psychological properties are multiply realized at many neurobiological levels. This paper provides some documentation in support of this suggestion.

Probes the nature of linguistic or symbolic action as it relates to specific novels, plays, and poems.

Among the many ideas that go by the name of “enactivism” there is the idea that by “cognition” we should understand what is more commonly taken to be behavior. For clarity, label such forms of enactivism “enactivismb.” This terminology requires some care in evaluating enactivistb claims. There is a genuine risk of enactivist and non-enactivist cognitive scientists talking past one another. So, for example, when enactivistsb write that “cognition does not require representations” they are not necessarily denying what cognitivists claim (...) when they write that “cognition requires representations.” This paper will draw attention to instances of some of these unnecessary confusions. (shrink)

Business students have long been noted for their differential proclivity to engage in academic misconduct. Unfortunately, the potential for misconduct has been exacerbated in recent years by rapid advances in technology, easy access to information, competitive pressures, and the proliferation of websites that provide students access to information that allows them to directly circumvent the learning process. Using a convenience sample of 631 students matriculating in various business majors at four U.S. universities and structural equations modeling procedures, this study assesses (...) the effects of psychological factors on business students’ propensities to utilize the services of homework assistance websites. Specifically, we examine how “Dark Triad” personality traits (i.e., narcissism, Machiavellianism, and psychopathy) interact with Fraud Diamond elements to influence student decisions to engage the services of these websites. We find that each Dark Triad trait exerts a significant influence on at least one of the Fraud Diamond elements, which in turn have a significant direct or indirect positive association with students’ reported intentions to utilize, and reported utilization of, these websites. (shrink)

This paper will defend the cognitivist view of cognition against recent challenges from Andy Clark and Richard Menary. It will also indicate the important theoretical role that cognitivism plays in understanding some of the core issues surrounding the hypothesis of extended cognition.

Anne Conway’s Principles of the Most Ancient and Modern Philosophy, first published in 1690, is probably the most ambitious contribution to early modern metaphysics by a woman writing in the English language. This beautifully prepared edition makes Conway’s treatise available to twentieth-century readers in an accessible English translation of the 1690 Latin text—itself a translation of an original English manuscript that has long been lost.

One way that scientifically recognized properties are multiply realized is by “compensatory differences” among realizing properties. If a property G is jointly realized by two properties F1 and F2, then G can be multiply realized by having changes in the property F1 offset changes in the property F2. In some cases, there are scientific laws that articulate how distinct combinations of physical quantities can determine one and the same value of some other physical quantity. One moral to draw is that (...) in such cases we have the multiple realization of a single determinate, “fine grained” property instance that is exactly similar to another instance. As simple as this moral is, it has ramifications for a number of recent discussions of multiple realization in science. Taken collectively, these ramifications indicate that multiple realization by compensatory adjustments merits greater attention in the philosophy of science literature than it has hitherto received. (shrink)

This paper argues that the biochemistry of memory consolidation provides valuable model systems for exploring the multiple realization of psychological states.

In the New Mechanist literature, most attention has focused on the compositional explanation of processes/activities of wholes by processes/activities of their parts. These are sometimes called “constitutive mechanistic explanations.” In this paper, we defend moving beyond this focus to a Pluralism about compositional explanation by highlighting two additional species of such explanations. We illuminate both Analytic compositional explanations that explain a whole using a compositional relation to its parts, and also Standing compositional explanations that explain a property of a whole (...) using a compositional relation to the properties of its parts. We also highlight how adopting a Pluralism about compositional explanations justifies a more Pluralist view of the ontological posits of such explanations and opens up a range of new research questions. (shrink)

In the article Privacy and Health Practices in the Digital Age, the authors describe current privacy challenges for digital health data and review the theoretical framework on privacy in the contex...

This study investigated relationships between inter-class variations in paranormal experience and executive functions. A sample of 516 adults completed self-report measures assessing personal encounter-based paranormal occurrences, executive functions together with Emotion Regulation and Belief in the Paranormal. Paranormal belief served as a measure of convergent validity for experience-based phenomena. Latent profile analysis combined experience-based indices into four classes based on sample subpopulation scores. Multivariate analysis of variance then examined interclass differences. Results revealed that breadth of paranormal experience was associated with (...) higher levels of executive functioning difficulties for General Executive Function, Working Memory, Decision Making, and Belief in the Paranormal. On the Everyday Memory Questionnaire, scores differed on Attention Tracking and Factor 3, but not Retrieval. In the case of the Emotion Regulation Scale, class scores varied on Expressive Suppression, however, no difference was evident on Cognitive Reappraisal. Overall, inter-class comparisons identified subtle differences in executive functions related to experience. Since the present study was exploratory, sampled only a limited subset of executive functions, and used subjective, self-report measures, further research is necessary to confirm these outcomes. This should employ objective tests and include a broader range of executive functions. (shrink)

Despite the considerable attention that the systematicity argument has enjoyed, it is worthwhile examining the argument within the context of similar explanatory arguments from the history of science. This kind of analysis helps show that Connectionism, qua Connectionism, really does not have an explanation of systematicity. Second, and more surprisingly, one finds that the systematicity argument sets such a high explanatory standard that not even Classicism can explain the systematicity of thought.

This article examines two recent alternatives to the traditional conception of human rights as natural rights: the account of human rights found in discourse ethics and the ‘political conception’ of human rights influenced by the work of Rawls. I argue that both accounts have distinct merits and that they are not as opposed to one another as is sometimes supposed. At the same time, the discourse ethics account must confront a deep ambiguity in its own approach: are rights derived in (...) a strong sense from the conditions of ‘communicative freedom’ or are they developed from the participants’ own reflection upon their ongoing and continuously changing practices and institutions? The political conception recently proposed by Joshua Cohen can, I argue, contribute to the resolution of this ambiguity, though not without some modifications of its own. Keywords: human rights; discourse ethics; The ‘political conception’ of rights; Seyla Benhabib; John Rawls; Rainer Forst; Michael Ignatieff; Thomas Pogge; Joshua Cohen (Published: 10 March 2009) Citation: Ethics & Global Politics. DOI: 10.3402/egp.v2i1.1938. (shrink)

It is commonly taken for granted that abortion is necessarily impermissible if the fetus is a person with a right to life. In her influential essay Judith Jarvis Thomson offers what I will call the violinist example to show that merely having a right to life does not in and of itself give rise in the fetus to a right to use the mother's body. On Thomson's view, if the fetus has a right to use the mother's body that precludes (...) terminating its life by means of an abortion, it is because the mother did something to give the fetus that right. Thus she concludes that the proposition that the fetus is a person does not imply that abortion is morally impermissible. (shrink)

In recent years, a dramatic increase in the study of infrastructure has occurred in the social sciences and humanities, following upon foundational work in the physical sciences, architecture, planning, information science, and engineering. This article, authored by a multidisciplinary group of scholars, probes the generative potential of infrastructure at this historical juncture. Accounting for the conceptual and material capacities of infrastructure, the article argues for the importance of paradox in understanding infrastructure. Thematically the article is organized around three key points (...) that speak to the study of infrastructure: ruin, retrofit, and risk. The first paradox of infrastructure, ruin, suggests that even as infrastructure is generative, it degenerates. A second paradox is found in retrofit, an apparent ontological oxymoron that attempts to bridge temporality from the present to the future and yet ultimately reveals that infrastructural solidity, in material and symbolic terms, is more apparent than actual. Finally, a third paradox of infrastructure, risk, demonstrates that while a key purpose of infrastructure is to mitigate risk, it also involves new risks as it comes to fruition. The article concludes with a series of suggestions and provocations to view the study of infrastructure in more contingent and paradoxical forms. (shrink)

This article proposes a role for aesthetic judgment in our practical thought. The role is related to those moments when practical reason seems to give out, when it fails to yield a judgment about what to do in the face of a choice we cannot avoid. I argue that these impasses require agents to create, but that not any creativity will do. For we cannot regard a response to one of these problems as arbitrary or capricious if we want to (...) act on it. We must instead regard that response as justified by the problem itself. I suggest that this combination of creativity and normativity is characteristic of aesthetic judgment and this makes it a promising candidate for making these very difficult choices. (shrink)

Despite the accumulation of substantial cognitive science research relevant to education, there remains confusion and controversy in the application of research to educational practice. In support of a more systematic approach, we describe the Knowledge-Learning-Instruction (KLI) framework. KLI promotes the emergence of instructional principles of high potential for generality, while explicitly identifying constraints of and opportunities for detailed analysis of the knowledge students may acquire in courses. Drawing on research across domains of science, math, and language learning, we illustrate the (...) analyses of knowledge, learning, and instructional events that the KLI framework affords. We present a set of three coordinated taxonomies of knowledge, learning, and instruction. For example, we identify three broad classes of learning events (LEs): (a) memory and fluency processes, (b) induction and refinement processes, and (c) understanding and sense-making processes, and we show how these can lead to different knowledge changes and constraints on optimal instructional choices. (shrink)

Francisco Ayala and others have argued that recent genetic evidence shows that the origins of the human race cannot be monogenetic, as the Church hastraditionally taught. This paper replies to that objection, developing a distinction between biological and theological species first proposed by Andrew Alexanderin 1964.