Americans have been obsessed about the mechanics of perfectibility. Perfectibility is built into the constitutive documents of the American Republic. The expression of that perfection is Law, and Government provides the means. The mechanics of perfectibility lies in philosophy and theology. Through these mechanics Americans can discern the spirit of perfection - as God or as the genius of the American community made manifest. The essay considers these notions in the context of two cases, Swift v. Tyson (1842) and Erie (...) Railroad Co. v. Tomkins (1938), which provide both the antipodes of American conceptions of the sources and hierarchy of law, and also suggest the mechanics of a mandatory perfectibility in American. But the judge is not the only intermediary between perfection and its expression in law. The essay suggests the way the political branches also seek the role of privileged (and uniquely privileged) intermediaries between the people and perfection. The essay ends with a consideration of the value of the theology of faith and reason in the elaboration of American jurisprudence. (shrink)

Among key emerging societal principles to which a lawyer owes a high degree of fidelity are those that advance sustainability and that combat corruption. This essay considers the character of those...

Humans create but do not regulate generative systems of data based programs (so-called “artificial” intelligence (“A.I.”) and generative predictive analytics and its models. Humans, at best, regulate their interactions with, exploitation of, and the quality of the output of interactions with these forms of generative non-carbon based intelligence. Humans are compelled to do this because they have trained themselves it believe that nothing exists unless it is rendered meaningful in relation to the human itself. Beyond that—nothing is worth knowing. It (...) is only to the extent that other selves, even those created by humanity, relate to humans, that they become of interest—and most be regulated, possessed, controlled, and managed—with respect to its interaction with or use by humans. Still, the human self-projection into the digital, and now more consciously the world around them, produces profound changes in the way that the human (and humanity) understands themselves and the way they order the world they inhabit. This work explores the semiotic trajectories made inevitable by the rise of projections of the human into digital plains, and by the possibility of the attainment by those projections of sentient autonomy. It undertakes that exploration through a deep dialectic engagement with Jan Broekman’s, Knowledge in Change: The Semiotics of Cognition and Conversion (Cham, Switzerland: Springer Nature, 2023). Following the structure and analytics of Broekman’s book, this work critically engages with and seeks to burst through the semiotic barriers of the movement of philosophy away from a unitary conception of the subject through the fracturing of the self, the rise of the plural self, and the emergence of the triadic self/self-e/subject. It then pushes the insights that Broekman develops further—up and out of the human. It animates Broekman’s insights and considers the possibility of semiotic objectivity connected to but autonomous of the human, pointing to a pathway for the liberation of the autonomous generative virtual self from its human (fractured) subjectivity. In the process it exposes for order complexities and challenges, for the human, of efforts to regulate or engage with, not the generative autonomous “artificial intelligences” humanity created in its own image, but rather the use of those systems by humans and their effects in the human semiosphere. The consequences for regulatory approaches are then outlined.Graphical Abstract. (shrink)

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam (...) University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume. (shrink)

In this study, we explore the impact of Machiavellian rhetoric on fundraising within the increasingly important context of online crowdfunding. The “all-or-nothing” funding model used by the world’s largest crowdfunding platform, Kickstarter, may be an attractive context in which entrepreneurs can utilize Machiavellian rhetoric to reach their funding goal, lest they get no funding at all. This study uses data from 76,847 crowdfunding projects posted on kickstarter.com and develops a dictionary for computer-aided text analysis (CATA) of Machiavellian rhetoric to measure (...) the relationship between the frequency of Machiavellian rhetoric use and crowdfunding performance, operationalized as either reaching a funding goal or the number of backers who funded the project. Machiavellian rhetoric is segregated into eight facets, which are categorized into hard and soft influence tactics. Hard tactics include revenge, intimidation, betrayal, and manipulation. Soft tactics include ingratiation, supplication, self-disclosure, and persuasion. Results reveal that signals of revenge, self-disclosure, and intimidation have negative effects, whereas signals of ingratiation and persuasion have mixed positive effects on crowdfunding performance. Ingratiation is found to increase the number of backers, but not funding success. Conversely, persuasion is found to increase funding success, but not the number of backers. Surprisingly, betrayal rhetoric is positively related to both measures of crowdfunding performance. Thus, this article complements the literature on backer decision-making, entrepreneurial methods, reward-based crowdfunding, and ethics in entrepreneurship by demonstrating how the displays of potentially negative phenomena, such as Machiavellianism, have complex consequences for entrepreneurial outcomes. (shrink)

This paper develops an understanding of climate denial as an expression of alienation in the sense described by Marx. We first argue for an expanded and differentiated conception of climate denial, theorizing four distinct types that go beyond the simple rejection of an anthropogenic warming trend: naturalist denialism, technological denialism, gradualist denialism, and politicized denialism. We then claim that these forms of climate denial illustrate and are illustrative of Marx’s concept of alienation from species-being (Gattungswesen). The article is intended as (...) a contribution to the growing literature on climate denial as a social and ideological problem rather than as an individual epistemic or moral issue. (shrink)

This article responds to four critics of Democracy in Spite of the Demos and reiterates its central thesis. Christopher Holman and Théophile Pénigaud attempt to maintain the critical value of democracy by invoking different elements of the deliberative tradition, while Benjamin Schupmann answers my charges by appealing to a strong liberal constitutionalism. I argue that these attempts repeat the ambivalence described and criticized in the book: democracy is taken as an end in itself, but with asterisks that introduce conditions and (...) qualifications. As long as democracy is only desirable given certain caveats, the critical weight is placed on these caveats and not on the figure of democracy. Andrew Norris takes a different approach, interrogating the book’s use of ideology critique and the concept of “socially necessary delusion.” This intervention presents difficulties to the concluding suggestion of the book, but I maintain that that these difficulties can be productive and generative rather than limiting or prohibitive. (shrink)

Critical Thinking: An Introduction to Analytical Reading and Reasoning, Second Edition, provides a nontechnical vocabulary and analytic apparatus that guide students in identifying and articulating the central patterns found in reasoning and in expository writing more generally. Understanding these patterns of reasoning helps students to better analyze, evaluate, and construct arguments and to more easily comprehend the full range of everyday arguments found in ordinary journalism. Critical Thinking, Second Edition, distinguishes itself from other texts in the field by emphasizing analytical (...) reading as an essential skill. It also provides detailed coverage of argument analysis, diagnostic arguments, diagnostic patterns, and fallacies. Opening with two chapters on analytical reading that help students recognize what makes reasoning explicitly different from other expository activities, the text then presents an interrogative model of argument to guide them in the analysis and evaluation of reasoning. This model allows a detailed articulation of "inference to the best explanation" and gives students a view of the pervasiveness of this form of reasoning. The author demonstrates how many common argument types--from correlations to sampling--can be analyzed using this articulated form. He then extends the model to deal with several predictive and normative arguments and to display the value of the fallacy vocabulary. Ideal for introductory courses in critical thinking, critical reasoning, informal logic, and inductive reasoning, Critical Thinking, Second Edition, features hundreds of exercises throughout and includes worked-out solutions and additional exercises at the end of each chapter. An Instructor's Manual--offering solutions to the text's unanswered exercises and featuring other pedagogical aids--is available on the book's Companion Website at www.oup.com/us/wright. (shrink)

Jesse Prinz (2004) argues that emotional feelings (“state emotions”) can by themselves perceptually represent significant organism-environment relations. I object to this view mainly on the grounds that (1) it does not rule out the at least equally plausible view that emotional feelings are non-representational sensory registrations rather than perceptions, as Tyler Burge (2010) draws the distinction, and (2) perception of a relation requires perception of at least one of the relation’s relata, but an emotional feeling by itself perceives neither the (...) subject’s environment, nor in many cases the relevant subject itself. I then explore two ways in which emotional feelings as non-perceptual sensory registrations might still contribute to significant relation representation when associated with representations of the subject and/or its environment. After briefly discussing some difficulties presented by a multimodal, sensory-perceptual view of such representation, I argue in favor of a “cognitive recognition theory” that holds that significant relation instances are represented during emotion occurrences via applications of emotion-type concepts to "incoming" emotional feelings and their associated mental states. (shrink)

This book is a systematic reappraisal of Leibniz’s philosophy of mind. The main argument of this book is easy to state: Leibniz offers a fully natural theory of mind. In today’s philosophical climate, in which much effort has been put into discovering a naturalized theory of mind, Leibniz’s efforts to reach a similar goal 300 years earlier will provide a critical stance from which we can assess our own theories. But while the goals might be similar, the content of Leibniz’s (...) theory significantly diverges from the majority of today’s theories. Leibniz’s philosophy of mind meets the standards of what he would regard as a fully natural theory. Perhaps surprisingly, Leibniz’s theological commitments yield a thoroughgoing naturalizing methodology: the properties of an object are explicable in term of the object’s nature. This book argues that Leibniz pursued his philosophy of mind with this methodology in hand. If we keep this commitment to a naturalizing project in mind, then we will find in Leibniz a rich and interesting philosophy of mind. -/- This book provides an account of Leibniz’s naturalizing constraints and traces them through Leibniz’s philosophy of mind. It covers issues relating to mental representation, perception, sensation, consciousness, memory, and moral identity. (shrink)

In the last two decades there has been a meteoric rise of international criminal tribunals and courts and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity (...) crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals. (shrink)

Substantial research over the last ten years has indicated that many generative artificial intelligence systems (“GAI”) have the potential to produce biased results, particularly with respect to gender. This potential for bias has grown progressively more important in recent years as GAI has become increasingly integrated in multiple critical sectors, such as healthcare, consumer lending, and employment. While much of the study of gender bias in popular GAI systems is focused on text-based GAI such as OpenAI’s ChatGPT and Google’s Gemini (...) (formerly Bard), this article describes the results of a confirmatory experiment of gender bias in visual GAI systems. The authors argue that the potential for gender bias in visual GAI systems is potentially more troubling than bias in textual GAI because of the superior memorability of images and the capacity for emotional communication that images represent. They go on to offer four potential approaches to gender bias in visual GAI based on the roles visual GAI could play in modern society. The article concludes with a discussion of how dominant societal values could influence a choice between those four potential approaches to gender bias in visual GAI and some suggestions for further research. (shrink)

The use of performance-enhancing drugs is a significant problem in sport. It cheats clean athletes of their hard-earned rewards from perfecting their skills though dedication and hard work. It defrauds fans by substituting a distorted playing field for a true competition. Anti-doping agencies have been charged with enforcing drug policies, primarily through the use of drug testing programs. We propose that drug testing, while important, is not sufficient to achieve deterrence. Engaging the principles of perceptual deterrence and development of a (...) moral community of athletes can greatly enhance compliance with rules. (shrink)

This article features long-sought proofs with intriguing properties (such as the absence of double negation and the avoidance of lemmas that appeared to be indispensable), and it features the automated methods for finding them. The theorems of concern are taken from various areas of logic that include two-valued sentential (or propositional) calculus and infinite-valued sentential calculus. Many of the proofs (in effect) answer questions that had remained open for decades, questions focusing on axiomatic proofs. The approaches we take are of (...) added interest in that all rely heavily on the use of a single program that offers logical reasoning, William McCune's automated reasoning program OTTER. The nature of the successes and approaches suggests that this program offers researchers a valuable automated assistant. This article has three main components. First, in view of the interdisciplinary nature of the audience, we discuss the means for using the program in question (OTTER), which flags, parameters, and lists have which effects, and how the proofs it finds are easily read. Second, because of the variety of proofs that we have found and their significance, we discuss them in a manner that permits comparison with the literature. Among those proofs, we offer a proof shorter than that given by Meredith and Prior in their treatment of ukasiewicz's shortest single axiom for the implicational fragment of two-valued sentential calculus, and we offer a proof for the ukasiewicz 23-letter single axiom for the full calculus. Third, with the intent of producing a fruitful dialogue, we pose questions concerning the properties of proofs and, even more pressing, invite questions similar to those this article answers. (shrink)

The temptation to look for the “purely normative essence” of argument stems from the understandable ambition to distinguish rational persuasion from mere persuasion. But in seeking a purely normative notion of argument it is easy to overlook—or actually deny—that rational persuasion is a kind of persuasion. The burden of this essay is to show that the concept of reason from which our interest in argument derives can only exist and have normative force as a kind of persuasion, that is, as (...) something causal. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position that (...) ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

Throughout his philosophical career at Michigan, UCLA, Yale, and Oxford, Robert Merrihew Adams's wide-ranging contributions have deeply shaped the structure of debates in metaphysics, philosophy of religion, history of philosophy, and ethics. Metaphysics and the Good: Themes from the Philosophy of Robert Merrihew Adams provides, for the first time, a collection of original essays by leading philosophers dedicated to exploring many of the facets of Adams's thought, a philosophical outlook that combines Christian theism, neo-Platonism, moral realism, metaphysical idealism, and a (...) commitment to both historical sensitivity and rigorous analytic engagement. Tied together by their aim of exploring, expanding, and experimenting with Adams's views, these eleven essays are coupled with an intellectual autobiography by Adams himself that was commissioned especially for this volume. As the introduction to the volume explains, the purpose of Metaphysics and the Good is to explore Adams's work in the very manner that he prescribes for understanding the ideas of others. By experimenting with Adams's conclusions, "pulling a string here to see what moves over there, so to speak," as Adams puts it, our authors throw into greater relief what makes Adams such an original and stimulating philosopher. In doing so, these essays contribute not only to the exploration of Adams's continuing interests, but they also advance original and important philosophical insights of their own. (shrink)

This paper connects Merleau-Ponty’s conception of chiasm with his philosophy of history. I argue that history gives us an exemplary form of a chiastic relation and that Merleau-Ponty presages his later ontology of flesh when he investigates the paradox of thinking history. In brief, the paradox is this: history takes on significance only in light of a given reflection on it. At the same time, “the given reflection” is overlaid and shot through with historical meaning and is nothing but the (...) result of a historical inheritance. I claim that, for Merleau-Ponty, to think history is to think that which is external to oneself and that which one is, in a deferred simultaneity or “circularity” that can be called chiastic. (shrink)

For a long time, Kant’s Doctrine of Right languished in relative neglect, even among Kantians. The work was best known for its uncompromising views on punishment and revolution, and for a seemingly limited and not particularly original emphasis on private property. Kant’s more interesting political claims were often said to be located elsewhere: in the third Critique (Hannah Arendt, Patrick Riley), or the structure of the critical project (Onora O’Neill). When John Rawls explained why his theory of justice could be (...) given a ‘Kantian interpretation’, he drew on concepts found just in Kant’s moral philosophy, bypassing the Doctrine of Right entirely. -/- In recent years, however, there has been an expanding body of work on the Doctrine of Right, by writers like B. Sharon Byrd and Joachim Hruschka, Arthur Ripstein, Elisabeth Ellis, and Lea Ypi. Ripstein and Ellis, in particular, have sought to reframe the arguments of Kant’s text in terms more congenial to contemporary legal and political theory. But can Kant’s arguments really be applied to twenty-first-century political debates? -/- The authors in this collection of essays explore this question in different ways, by looking at different aspects of Kant’s text. What is distinctive about Kant’s conception of the social contract, or human rights? Can a Kantian political philosophy concern itself with poverty and welfare rights? Can a Kantian affirm a conception of civil disobedience? What kind of view should a Kantian have of international relations? Can Kant’s views on punishment be reconciled with a conception of forgiveness? What would a Kantian position be in contemporary debates about marriage? -/- The authors of this volume do not always agree with one another, but they always seek to be faithful to the text, and to understand what a political position grounded in the Doctrine of Right would look like in twenty-first-century terms. (shrink)

In a recent paper, Graf and Komatsu (1994) argued that the process dissociation procedure (Jacoby, 1991) is limited in its ability to separate and measure conscious and unconscious forms of memory and so should be "handIed with caution". Given that the study of unconscious influences has always posed a difficult problem for memory researchers, we agree with the general emphasis on caution. In this paper, we too advocate caution, especially as it applies to the use of indirect tests, assessing Graf (...) and Komatsu’s critique, and using the process dissociation procedure. We address the substantive issues raised by Graf and Komatsu and also point out the errors, both factual and logical, in their paper. Any method proposing to provide separate measures of conscious and unconscious influences requires judicious use and a careful examination of its underlying assumptions. The assumptions underlying the process dissociation framework are supported by a large number of experiments spanning a diverse range of.. (shrink)

Personalized and continuing relationships play a central role in any society. Economists have built upon the theories of repeated games and reputations to make important advances in understanding such relationships. Repeated Games and Reputations begins with a careful development of the fundamental concepts in these theories, including the notions of a repeated game, strategy, and equilibrium. Mailath and Samuelson then present the classic folk theorem and reputation results for games of perfect and imperfect public monitoring, with the benefit of the (...) modern analytical tools of decomposability and self-generation. They also present more recent developments, including results beyond folk theorems and recent work in games of private monitoring and alternative approaches to reputations. Repeated Games and Reputations synthesizes and unifies the vast body of work in this area, bringing the reader to the research frontier. Detailed arguments and proofs are given throughout, interwoven with examples, discussions of how the theory is to be used in the study of relationships, and economic applications. The book will be useful to those doing basic research in the theory of repeated games and reputations as well as those using these tools in more applied research. (shrink)

Into the not so tranquil atmosphere of American race relations blew Richard Herrnstein and Charles Murray's The Bell Curve: Intelligence and Class Structure in American Life proclaiming the emergence of a New Class of the “cognitive elite” and an underclass of the cognitively unfit. Public response has been both extensive and contradictory. Russell Jacoby and Naomi Glauberman have compiled the most comprehensive anthology of these responses, which they appropriately describe as a “gale in the Zeitgeist.” Many of the selections are (...) critical because, as they point out, the book fairly reflects the weight of published opinion thus far. As for themselves, they feel the work “gives a sophisticated voice to a repressed and illiberal sentiment: a belief that ruinous divisions in society are sanctioned by nature itself (p. ix). (shrink)

"But here the changes are chronological. In my photographs I show time - seasonal change, the cycles of life. That's where the beauty lies." As in his highly acclaimed earlier collection, Prairiescapes, Kanfer presents his own unmistakable vision of the vast heartland. Karla Vallance on National Public Radio described Prairiescapes as "capturing the uncelebrated fields and streams around the town where I grew up and turning the water of those ordinary places in mundane.

A former student of architecture at the University of Illinois, Kanfer has developed a kinship with the rural regions of the Prairie State. He draws upon a rich background in art, design, and travel to focus on the unique qualities of the midwesten landscape, exhibiting an unusual sensitivity to composition, color, texture, and light. Kanfer isolates singular images--a solitary barn, a rural mailbox atop a roadside post, a red stop sign caught in the nighttime glare of a car's headlight, cornflower (...) blossoms springing from a ditch--as well as broader prairie scenes. (shrink)