Arguments from fairness as described in Aristotle’s _Rhetoric_ are usually taken to aim at mitigating the strictness of the law or, in terms of procedure, to favour the defendant. This paper considers a more inclusive interpretation, that is, that arguments from fairness can work both ways. In the example given in the _Rhetoric,_ arguments from fairness are directed at a restrictive interpretation of the text. That may not be necessary however. Likewise, fairness may speak for the claimant. Two examples may (...) support this conclusion: a judicial speech by Hyperides, and the doctrine of issues appearing in Hellenistic school rhetoric. (shrink)

The paper discusses the nature and functioning of argumentum ad misericordiam, a well-known but less theorised type of argument. A monograph by D. Walton (1997) offers an overview of definitions of misericordia (which he eventually translates as ‘pity’), as well as the careful analysis of several cases. Appeals to pity, Walton concludes, are not necessarily fallacious. This view seems to be supported and further refined by the critical remarks of H. V. Hansen (2000), as well as the recent work of (...) R. H. Kimball (2001, 2004) and A. Aberdein (2016) focusing on the virtue ethical aspects of such arguments. There is, on this account, a difference between ad misericordiam arguments and fallacies, even though the former may be fallacious in some cases. In this paper I argue for a narrower concept of ad misericordiam, as distinguished from the more generic class of appeals to pity, limiting it to cases in which someone asks for the non-application of a certain rule, clearly relevant to their case, with reference to some (unfavourable) circumstance, which is, however, irrelevant for the application of the rule. (shrink)

The present paper examines three parts of ancient school rhetoric: the issues, the topics, and the questions of style from the perspective of legal semiotics. It aims (1) to demonstrate the roles these have played and can play in the interpretation of legal discourses; and (2) to summarise what insights have been and can be gained from this classical tradition by contemporary legal research. It is argued that the promise of legal semiotics for rhetorical investigations is that it may help (...) to make sense of the functioning of the system of ancient rhetoric, and contribute to our understanding of how rhetorical tradition works, while the research of ancient rhetoric can explore a range of semiotic devices essential for lawyerly thinking, resulting in the knowledge of a richer framework of interpretation. (shrink)

The present article examines the role of narratives in rhetoric and jurisprudence, trying to understand the ancient system of ‘issues’ (staseis), an essential part of the rhetorical curriculum in antiquity, with the help of some basic notions of legal semiotics. After a brief reconstruction of the doctrine, I argue that narratives are essential to classical rhetoric, that the basic types of issues correspond to particular stories in and of the trial, and finally that the system of ancient rhetorical theory is (...) capable of giving an account of the narrativisation of the pragmatics of the trial. Then I turn to a cause célèbre of Roman law, the causa Curiana, trying to show that not only the trial itself but also subsequent (ancient and modern) debates concerning the case were shaped by some grand narratives, and that stories about the trial are likely to return to the court, where they may become part of the story of the trial. (shrink)

In the last decades, regional and global integration processes have made the traditional state-centred view of law less and less obvious. Recent discussions revolve around how to conceptually comprehend, critically reflect on and reasonably control these new developments in the global legal arena. The essays in this volume, written by young Central and Eastern European legal theorists and political scientists, contribute to ongoing discussions in our post-national era. The chapters include conceptual analyses, historical and comparative examples, as well as normative (...) discussions in legal theory, ethics, moral philosophy, constitutional theory, EU law and international relations. (shrink)

Stasis is a process of classical rhetoric that identifies the core issue in a trial or a similar debate. Hermagoras of Temnos included the first comprehensive analysis of stasis in his second-century BCE treatise on rhetoric, now lost. Modern scholars tend to echo George Kennedy, who maintains that Hermagoras’ inspiration for the hierarchical structure of stasis is indeterminate. This article, however, employs scholarship in legal semiotics, including the work of Miklós Könczöl and Bernard S. Jackson, to argue that Hermagoras based (...) stasiastic structure on Aristotle’s first-figure syllogism. Ideally, knowledge of that structure can enhance modern applications of stasis. (shrink)

If $\mathcal{A}$ (V) is a net of local von Neumann algebras satisfying standard axioms of algebraic relativistic quantum field theory and V 1 and V 2 are spacelike separated spacetime regions, then the system ( $\mathcal{A}$ (V 1 ), $\mathcal{A}$ (V 2 ), φ) is said to satisfy the Weak Reichenbach's Common Cause Principle iff for every pair of projections A∈ $\mathcal{A}$ (V 1 ), B∈ $\mathcal{A}$ (V 2 ) correlated in the normal state φ there exists a projection C (...) belonging to a von Neumann algebra associated with a spacetime region V contained in the union of the backward light cones of V 1 and V 2 and disjoint from both V 1 and V 2 , a projection having the properties of a Reichenbachian common cause of the correlation between A and B. It is shown that if the net has the local primitive causality property then every local system ( $\mathcal{A}$ (V 1 ), $\mathcal{A}$ (V 2 ), φ) with a locally normal and locally faithful state φ and suitable bounded V 1 and V 2 satisfies the Weak Reichenbach's Common Cause Principle. (shrink)

In this paper, I critically analyze Andrea Sangiovanni’s approach to international justice in the EU that he labels Reciprocity-based Internationalism (RBI). I aim to show that the type of reciprocity RBI operates with is not a morally attractive ground for distributive justice because it cannot cope with the case of member states’ inability to reciprocate the production of collective goods at the EU level. I illustrate this with the case of disability. I contrast RBI’s understanding of reciprocity with Christie Hartley’s (...) ‘relationship model’. I argue that the relationship model of reciprocity should characterize the EU, whose two core normative features are fraternity and equal status. The advantage of the relationship model is that it calls for a stronger type of solidarity than RBI does. That not only entails the willingness to support those worse-off members that cannot productively reciprocate other member states’ efforts at the EU level but also calls for a higher redistribution rate within the EU. In the paper, I make three comparisons between RBI’s ‘productive reciprocity’ and the relationship model. The first concerns non-EU-integration-related disadvantages; the second concerns membership cases, such as accession to federations and supranational unions, while the third comparison examines EU-integration-related disadvantages. I argue that the relationship model is a better alternative to RBI in both integration-related and non-integration-related disadvantages. Also, the relationship model can justify accession cases where previous historical ties are relevant, which are outside of the purview of RBI. (shrink)

The common cause principle says that every correlation is either due to a direct causal effect linking the correlated entities or is brought about by a third factor, a so-called common cause. The principle is of central importance in the philosophy of science, especially in causal explanation, causal modeling and in the foundations of quantum physics. Written for philosophers of science, physicists and statisticians, this book contributes to the debate over the validity of the common cause principle, by proving results (...) that bring to the surface the nature of explanation by common causes. It provides a technical and mathematically rigorous examination of the notion of common cause, providing an analysis not only in terms of classical probability measure spaces, which is typical in the available literature, but in quantum probability theory as well. The authors provide numerous open problems to further the debate and encourage future research in this field. (shrink)

In diesem Aufsatz erläutere ich Leibniz' Versuche, seinen Infinitesimalkalkül zu rechtfertigen. Die Untersuchung zielt ab auf ein klareres Verständnis, wie tief Leibniz die Begriffe, Ziele und Methoden im Hinblick auf das fragliche Problem faßte. Mein Überblick ist in zwei Teile gegliedert. Der erste stellt die Definition und den Gebrauch einiger Leibnizscher Begriffe dar, die bei der Rechtfertigung des Calculus eine wichtige Rolle spielen. Im zweiten skizziere ich, auf welche Weise Leibniz die Infinitesimalrechnung zu rechtfertigen versuchte.

Cognitive control is a set of mechanisms that help us process conflicting stimuli and maintain goal-relevant behaviour. According to the Affective Signalling Hypothesis, conflicting stimuli are aversive and thus elicit (negative) affect, moreover – to avoid aversive signals – affective and cognitive systems work together by increasing control and thus, drive conflict adaptation. Several studies have found that affective stimuli can indeed modulate conflict adaptation, however, there is currently no evidence that phasic affective states not triggered by conflict also trigger (...) improved cognitive control. To investigate this possibility, we intermixed trials of a conflict task and trials involving the passive viewing of emotional words. We tested whether affective states induced by affective words in a given trial trigger improved cognitive control in a subsequent conflict trial. Applying Bayesian analysis, the results of four experiments supported the lack of adaptation to aversive signals, both in terms of valence and arousal. These results suggest that phasic affective states by themselves are not sufficient to elicit an increase in control. (shrink)

ABSTRACT As is well-known, a classical representation theorem of the theory of cylindric algebras is: A ε IGwsa if and only if A ε SNrαCAα+ε. The part “only if” is trivial. Regarding to the other part “A ε SNrαCAα+ε then A ε IGwsα“ the following question arises: is it possible to replace the class CA in the hypothesis A ε SNrαCAα+ε by a larger class so that the theorem still holds. Such a larger class Kα β is defined. The class (...) Kα β is the best possible, in a sense to be made precise. Representability of set algebras is investigated, too. (shrink)

This article shows that we can identify a subset of religious and cultural accommodation cases that follow the structure of a particular disability model: the Human Variation Model. According to this model, disadvantageous disability arises because most social arrangements are tailored to the needs of individuals with typical characteristics; people with atypical features are frequently left out from these arrangements. Hence, the latter need personalised resources tailored to them, or their social and/or material environment ought to change according to their (...) atypical characteristics. I argue, however, that not everyone's claim stemming from an atypical characteristic merits accommodation – it would be simply unreasonable to provide personalised resources to everyone or modify the environment to accommodate everyone's needs. In other words, these human variation claimants must be ‘reasonably accommodated’. Nevertheless, members of certain social groups have a justifiable claim to receive such accommodation and those in religious and cultural groups could be among them for two specific sociological reasons. (shrink)

Contemporary Complex Cinema. Complex conditions: the resurgence of narrative complexity ; Complex cinema as brain-candy for the empowered viewer ; Narrative taxonomies: simple, complex, puzzle plots -- Cognitive Approach to Contemporary Complex Cinema. Why an (embodied-)cognitive approach? ; Various forms of complexity and their effects on sense making ; Problematizing narrative linearity ; Complicating narrative structures and ontologies ; Under-stimulation and cognitive overload ; Contradictions and unreliabilities ; A cognitive approach to classifying complexity ; Deceptive unreliability and the twist film (...) ; Disorienting but solvable puzzle films ; Impossible puzzle films -- Narrative Complexity and Dissonant Cognitions. The concept of cognitive dissonance ; Cognitions in dissonance: from social psychology to narrative engagement ; Types of dissonance in narrative comprehension ; Narrative incongruities ; Narrative impossibilities ; Cognitive access to impossible storyworlds: immersed and reflected operations ; 'Impossibilities' and embodied cognition ; Disrupting viewers' reliance on image schemas by perceptual impossibility ; Disrupting viewers' reliance on image schemas by formal impossibility -- Taming Dissonance: Cognitive Operations and Interpretive Strategies. Cognitive dissonance versus narrative coherence ; Reducing dissonance: interpretation and naturalization ; Foregrounding ; Narrating agency and authorship ; Artefact emotions and metareflexive appreciation ; Interpretation as dissonance reduction ; Coping with dissonance: frame-switches and poetic and aesthetic readings ; Frame-switching as hermeneutic play in impossible puzzle films ; Switching between narrative and symbolical readings: Enemy and Mulholland Drive ; Cognitive hesitation and the fantastic -- Impossible Puzzle Films: Between Art-Cinema and (Post-) Classical Narration. From art-cinema to puzzle films ; Art-cinema as a narrative mode ; Dissonance in modernist art-cinema ; Art-cinema as a cognitive reception frame ; Narrative complexity and meaning-making in art-cinema ; Impossible puzzle films and (post-)classical narration ; High degree of tellability ; Identification with goal-oriented characters ; Strong reliance on classical genre elements ; Adherence to classical narrative cohesion devices ; Inclusion of quasi-rational frames of naturalization -- Wallowing in Dissonance: The Attractiveness of Impossible Puzzles. Hermeneutic play and interpretive multiplicity ; Orientation, navigation, mapping ; Game logic and the fascination in failure ; Effort justification ; Diegetization of decoupling ; Fascination in infinity ; Destabilized ontological certainty ; Eudaimonic motivations and intrinsic needs. (shrink)

Rorty on Politics, Culture, and Philosophy: A Defence of his Romanticism Rorty's historicist romanticism is a peculiar and oft criticized feature of his neopragmatism. I attempt to show that it should be regarded not so much as a more or less exceptionable philosophical approach, but rather, as a practice in ‘cultural politics’—which is his ultimate definition for philosophy—prompted by his acute political concerns and his views on the nature of moral progress.

John von Neumann was, undoubtedly, one of the true scientific geniuses of the 20th century. The main fields to which he contributed include different disciplines of pure and applied mathematics, mathematical and theoretical physics, logic, theoretical computer science and computer design. Von Neumann was also actively involved in politics, science management, served on a number of commissions and advisory committees and had a major impact on U.S. government decisions during, and especially after, the Second World War.

This paper argues for a reappraisal of extant scholarship on delegation in the domain of financial regulation. Through an examination of Japan's experience with financial regulation between 1992 and 2003, it is demonstrated that crisis-induced institutional development entails a shift toward a more flexible, trustee-type bureaucratic structure. While the logic presented in this paper is far from a universally applicable theory of institutional change, it calls into question the relevance of more conventional approaches to the origins of delegation of authority, (...) notably the approach that uses unified and divided government as a key variable. A renewed emphasis on the role of extra-political sources of transfers of authority inside the executive, and also between the legislature and the executive, therefore, is in order. (shrink)

Dans l’Introduction de son édition critique des Conférences de Stuttgart (2è édition, 2009), Miklos Vëto présente les sources et les grands thèmes de l’écrit schellingien. Il explique ici que les germes et les prémisses de la Spätphilosophie sont déjà contenus dans les Conférences. Ces leçons ont surtout été étudiées comme un exposé par excellence de l’anthropologie schellingienne. Or on peut montrer qu’elles sont aussi un moment privilégié du cheminement de Schelling vers la monstration de la transcendance de Dieu.

The Bayes Blind Spot of a Bayesian Agent is, by definition, the set of probability measures on a Boolean σ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\sigma $$\end{document}-algebra that are absolutely continuous with respect to the background probability measure of a Bayesian Agent on the algebra and which the Bayesian Agent cannot learn by a single conditionalization no matter what evidence he has about the elements in the Boolean σ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\sigma (...) $$\end{document}-algebra. It is shown that if the Boolean algebra is finite, then the Bayes Blind Spot is a very large set: it has the same cardinality as the set of all probability measures ; it has the same measure as the measure of the set of all probability measures ; and is a “fat” set in topological sense in the set of all probability measures taken with its natural topology. Features of the Bayes Blind Spot are determined from the perspective of repeated Bayesian learning when the Boolean algebra is finite. Open problems about the Bayes Blind Spot are formulated in probability spaces with infinite Boolean σ\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\sigma $$\end{document}-algebras. The results are discussed from the perspective of Bayesianism. (shrink)

Three classes are introduced which are closely related to the class included in the title. It is proven that the class obtained from by replacing axiom C4 by the commutativity of single substitutions can be considered as the abstract class in the Resek–Thompson theorem, thus it is representable by set algebras. Then the class is defined and it is shown that the necessary and sufficient condition for neat embeddability of an algebra in CAα into is the validity of the merry-go-round (...) properties. Finally, the class is introduced which class is a counterpart of among the polyadic like algebras. (shrink)

Although it is known that reachability in undirected finite graphs can be expressed by an existential monadic second-order sentence, our main result is that this is not the case for directed finite graphs (even in the presence of certain "built-in" relations, such as the successor relation). The proof makes use of Ehrenfeucht-Fraisse games, along with probabilistic arguments. However, we show that for directed finite graphs with degree at most k, reachability is expressible by an existential monadic second-order sentence.

The book then discusses another group of issues ("whether it is, what it is, how and why it is"), which determined the argumentation, the axiomatic ordering of the sciences, and concludes with a demonstration on the basis of concrete ...

Reichenbach’s Common Cause Principle is the claim that if two events are correlated, then either there is a causal connection between the correlated events that is responsible for the correlation or there is a third event, a so called (Reichenbachian) common cause, which brings about the correlation. The paper reviews some results concerning Reichenbach’s notion of common cause, results that are directly relevant to the problem of how one can falsify Reichenbach’s Common Cause Principle. Special emphasis will be put on (...) the question of whether EPR-type correlations can have an explanation in terms of Reichenbachian common causes. Most of the results to be recalled indicate that falsifying Reichenbach’s Common Cause Principle is much more tricky than one may have thought and that, contrary to some claims in the literature, there is no conclusive proof yet that the EPR correlations predicted by ordinary, non-relativistic quantum mechanics cannot have a common cause; furthermore, recent results about possible Reichenbachian common causes of correlations predicted by quantum field states between spacelike separated local observable algebras in algebraic quantum field theory strongly indicate that there may very well exist Reichenbachian common causes of superluminal correlations predicted by quantum field theory. (shrink)

An open question in the semantics of modality is what relations there are among different modal flavours. In this article, we consider the thorny issue of whether ascribing to an agent the obligation to φ implies that it is possible for the agent to φ. Traditionally, this issue has been interpreted as whether ‘ought’ implies ‘can’. But another linguistic interpretation is available as well, namely, whether ‘must’ implies ‘can’ (MIC). We show that ‘must’ does imply ‘can’ via a convergent argument. (...) The first strand of the argument is theoretical: it consists in proving MIC from a well- established theory of modality in natural language, i.e., that proposed by Kratzer. The second strand is empirical: we present novel acceptability judgment studies showing that MIC predicts and explains the linguistic behaviour of native English speakers. (shrink)

It is known that every α-dimensional quasi polyadic equality algebra (QPEA α ) can be considered as an α-dimensional cylindric algebra satisfying the merrygo- round properties . The converse of this proposition fails to be true. It is investigated in the paper how to get algebras in QPEA from algebras in CA. Instead of QPEA the class of the finitary polyadic equality algebras (FPEA) is investigated, this class is definitionally equivalent to QPEA. It is shown, among others, that from every (...) algebra in a β-dimensional algebra can be obtained in QPEA β where , moreover the algebra obtained is representable in a sense. (shrink)

If the language is extended by new individual variables, in classical first order logic, then the deduction system obtained is a conservative extension of the original one. This fails to be true for the logics with infinitary predicates. But it is shown that restricting the commutativity of quantifiers and the equality axioms in the extended system and supposing the merry-go-round property in the original system, the foregoing extension is already conservative. It is shown that these restrictions are crucial for an (...) extension to be conservative. The origin of the results is algebraic logic. (shrink)

The main claim of this talk is that mathematical physics and philosophy of physics are not different. This claim, so formulated, is obviously false because it is overstated; however, since no non-tautological statement is likely to be completely true, it is a meaningful question whether the overstated claim expresses some truth. I hope it does, or so I’ll argue. The argument consists of two parts: First I’ll recall some characteristic features of von Neumann’s work on mathematical foundations of quantum mechanics (...) and will claim that von Neumann’s motivation and results are essentially philosophical in their nature; hence, to the extent von Neumann’s work exemplifies what is considered to be mathematical physics, mathematical physics appears as formally explicit philosophy of physics. The second argument is based on a rather trivial interpretation of what mathematical physics is. That interpretation implies that mathematical physics shares some key characteristic features with philosophy of physics which make the two almost indistinguishable. (shrink)

We investigate the general properties of general Bayesian learning, where “general Bayesian learning” means inferring a state from another that is regarded as evidence, and where the inference is conditionalizing the evidence using the conditional expectation determined by a reference probability measure representing the background subjective degrees of belief of a Bayesian Agent performing the inference. States are linear functionals that encode probability measures by assigning expectation values to random variables via integrating them with respect to the probability measure. If (...) a state can be learned from another this way, then it is said to be Bayes accessible from the evidence. It is shown that the Bayes accessibility relation is reflexive, antisymmetric and non-transitive. If every state is Bayes accessible from some other defined on the same set of random variables, then the set of states is called weakly Bayes connected. It is shown that the set of states is not weakly Bayes connected if the probability space is standard. The set of states is called weakly Bayes connectable if, given any state, the probability space can be extended in such a way that the given state becomes Bayes accessible from some other state in the extended space. It is shown that probability spaces are weakly Bayes connectable. Since conditioning using the theory of conditional expectations includes both Bayes’ rule and Jeffrey conditionalization as special cases, the results presented generalize substantially some results obtained earlier for Jeffrey conditionalization. (shrink)

Reichenbach's principles of a probabilistic common cause of probabilistic correlations is formulated in terms of relativistic quantum field theory, and the problem is raised whether correlations in relativistic quantum field theory between events represented by projections in local observable algebrasA(V1) andA(V2) pertaining to spacelike separated spacetime regions V1 and V2 can be explained by finding a probabilistic common cause of the correlation in Reichenbach's sense. While this problem remains open, it is shown that if all superluminal correlations predicted by the (...) vacuum state between events inA(V1) andA(V2) have a genuinely probabilistic common cause, then the local algebrasA(V1) andA(V2) must be statistically independent in the sense of C*-independence. (shrink)

This paper offers an ethical analysis of online steering, the practice of personalizing search results in e-commerce based on data about users. We first outline the parallels and differences between online steering and price discrimination, arguing that online steering is more likely to benefit consumers and enhance social welfare than price discrimination. Next, we argue that while online steering does not violate any plausible specification of the equal-treatment norm, it involves an element of manipulation that is absent in price discrimination (...) and that by itself raises ethical concerns regardless of the welfare effects of online steering. We conclude that in order to address these ethical concerns, online steering needs to satisfy a transparency condition. (shrink)

John von Neumann (1903-1957) was undoubtedly one of the scientific geniuses of the 20th century. The main fields to which he contributed include various disciplines of pure and applied mathematics, mathematical and theoretical physics, logic, theoretical computer science, and computer architecture. Von Neumann was also actively involved in politics and science management and he had a major impact on US government decisions during, and especially after, the Second World War. There exist several popular books on his personality and various collections (...) focusing on his achievements in mathematics, computer science, and economy. Strangely enough, to date no detailed appraisal of his seminal contributions to the mathematical foundations of quantum physics has appeared. Von Neumann's theory of measurement and his critique of hidden variables became the touchstone of most debates in the foundations of quantum mechanics. Today, his name also figures most prominently in the mathematically rigorous branches of contemporary quantum mechanics of large systems and quantum field theory. And finally - as one of his last lectures, published in this volume for the first time, shows - he considered the relation of quantum logic and quantum mechanical probability as his most important problem for the second half of the twentieth century. The present volume embraces both historical and systematic analyses of his methodology of mathematical physics, and of the various aspects of his work in the foundations of quantum physics, such as theory of measurement, quantum logic, and quantum mechanical entropy. The volume is rounded off by previously unpublished letters and lectures documenting von Neumann's thinking about quantum theory after his 1932 Mathematical Foundations of Quantum Mechanics. The general part of the Yearbook contains papers emerging from the Institute's annual lecture series and reviews of important publications of philosophy of science and its history. (shrink)

We investigate the general properties of general Bayesian learning, where ``general Bayesian learning'' means inferring a state from another that is regarded as evidence, and where the inference is conditionalizing the evidence using the conditional expectation determined by a reference probability measure representing the background subjective degrees of belief of a Bayesian Agent performing the inference. States are linear functionals that encode probability measures by assigning expectation values to random variables via integrating them with respect to the probability measure. If (...) a state can be learned from another this way, then it is said to be Bayes accessible from the evidence. It is shown that the Bayes accessibility relation is reflexive, antisymmetric and non-transitive. If every state is Bayes accessible from some other defined on the same set of random variables, then the set of states is called weakly Bayes connected. It is shown that the set of states is not weakly Bayes connected if the probability space is standard. The set of states is called weakly Bayes connectable if, given any state, the probability space can be extended in such a way that the given state becomes Bayes accessible from some other state in the extended space. It is shown that probability spaces are weakly Bayes connectable. Since conditioning using the theory of conditional expectations includes both Bayes' rule and Jeffrey conditionalization as special cases, the results presented generalize substantially some results obtained earlier for Jeffrey conditionalization. (shrink)

Moti Mizrahi provides experimental evidence according to which subjects judge that a person ought to ? even when she cannot ?. He takes his results to constitute a falsification of the alleged intuitiveness of the ‘Ought Implies Can’ principle. We point out that in the light of the fact that (a) ‘ought’ is multiply ambiguous, that (b) only a restricted set of readings of ‘ought’ will be relevant to the principle, and that (c) he did not instruct his subjects appropriately (...) – or otherwise ensure that in their ‘ought’ judgements they applied the relevant concept(s) – Mizrahi’s conclusions appear premature. We suggest two ways in which the experimental design could be adjusted or supplemented. First, Mizrahi could instruct (or prime) subjects to read the ‘ought’ question in a particular way. Second, he could complement his experiment by asking follow-up questions aimed at uncovering the implications for blame of subjects’ judgements. Once these adjustments are applied, an experiment with a similar outcome would be more significant. (shrink)

Most philosophers believe that a person can have an obligation only insofar as she is able to fulfil it, a principle generally referred to as “Ought Implies Can”. Arguably, this principle reflects something basic about the ordinary concept of obligation. However, in a paper published recently in this journal, Wesley Buckwalter and John Turri presented evidence for the conclusion that ordinary people in fact reject that principle. With a series of studies, they claimed to have demonstrated that, in people’s judgements, (...) obligations persist irrespective of whether those who hold them have the ability to fulfil them. We argue in this paper that due to some problems in their design, Buckwalter & Turri’s conclusions may not be war- ranted. We present the results of a series of studies demonstrating the problems with their design and showing that, with an improved design, people judge that obligation depends on ability after all. (shrink)