Rights forfeiture or liability are not a path to the permissibility of self-defense (not even barring extraordinary circumstances), and the necessity condition is not intrinsic to justified self-defense. Rather, necessity in the context of justification must be distinguished from necessity in the context of rights forfeiture. While innocent aggressors only forfeit their right against necessary self-defense, culpable aggressors also forfeit, on grounds of a principle of reciprocity, certain rights against unnecessary self-defense. Yet, while culpable aggressors would (...) therefore not be wronged by certain unnecessary defensive means, the use of such means against them would still not be justified. The underlying rationale of this necessity requirement lies not in the rights of the aggressor, but in an agent-relative requirement to take fair precautions against violating the rights of the innocent. This concern is also expressed in the necessity criterion defended and formulated in this paper, which is very harsh on aggressors. To wit, the necessity condition for justified self-defense must not be interpreted as requiring the employment of literally the least harmful means or of means that the defender reasonably believes to be, literally, the least harmful ones. What he must believe about the properties and possible effects of the means he employs is something that is much less demanding. Finally, the necessity condition of justified self-defense is also harsh (on the aggressor) in not implying a “success condition” worth its name. (shrink)

According to a widespread view, the same constraints that limit the use of otherwise immoral measures in individual self-defense apply to collective self-defense too. I try to show that this view has radical implications at the level of jus in bello, implications which have not been fully appreciated. In particular, if the necessity condition must be satisfied in all cases of killing in war, then most fighting would turn out to be unjust. One way to avoid this result (...) is to adopt a contractualist view of killing in war, a view which interprets the necessity condition in a way that is more permissive with regard to killing combatants in war. At least in this respect, a contractualist view of killing in war has an advantage over other candidates in explaining how wars might be fought justly. (shrink)

An examination of a particular passage in Cicero's De fato—Fat. 13–17—is crucial to our understanding of the Stoic theory of the truth-conditions of conditional propositions, for it has been uniquely important in the debate concerning the kind of connection the antecedent and consequent of a Stoic conditional should have to one another. Frede has argued that the passage proves that the connection is one of logical necessity, while Sorabji has argued that positive Stoic attitudes toward empirical inferences elsewhere suggest (...) that that cannot be the right interpretation of the passage. I argue that both parties to the debate have missed a position somewhere between them which both renders a connection between antecedent and consequent that is not merely empirical and makes sense of the actual uses to which the Stoics put the conditional. This will be an account which grounds the connection between antecedent and consequent in a prolêpsis, a special kind of concept which plays a special epistemological role for the Stoics, especially in grounding scientific explanations. My contention will be that Stoic conditionals are true when there is a conceptually necessary connection between antecedent and consequent such that the former explains the latter via a prolêpsis. (shrink)

The influential public health ethics framework proposed by Childress et al. includes five “justificatory conditions,” two of which are “necessity” and “least infringement.” While the framework points to important moral values, we argue it is redundant for it to list both necessity and least infringement because they are logically equivalent. However, it is ambiguous whether Childress et al. would endorse this view, or hold the two conditions distinct. This ambiguity has resulted in confusion in public health ethics discussions (...) citing the Childress et al. framework, as demonstrated by debate between Resnik and Wilson and Dawson. We analyse this debate to resolve these ambiguities. Finally, we argue that the necessity/least infringement principle of the Childress et al. framework applies only in cases in which only one intervention is to be implemented to achieve one specific goal. In other cases, it is not essential to require that only the least infringing intervention be implemented. (shrink)

My aim in what follows is to contribute to recent discussions concerning the place of phenomenology within the tradition of transcendental philosophy. Very broadly, the issue here is whether phenomenology aspires to provide transcendental results, and if so, whether it can hope meet those aspirations. This is a large and many-faceted question; my aim here is to explore one rather narrow slice of it. I shall for the most part confine my attention to the version of the phenomenological enterprise found (...) in Division I of Being and Time. And I shall concern myself not with the full range of questions raised by the idea of a transcendental inquiry but rather myopically with a set of questions concerning the distinctive logical modality of purported transcendental results. This modality can be identified in various ways, but we can see it at work in the oft-repeated thought that transcendental philosophy aims to identify the conditions on the possibility of certain facts or features of our experience. If A is a condition on the possibility of B, then it would seem that A must obtain, given the actuality of B. We might accordingly frame the issue as a question about the modality of necessity in the context of Heideggerian phenomenology. Even so narrowed, the issues here are still pretty large and thorny. I don’t pretend here to be able to resolve them; my hope is that I can at least sharpen the questions and perhaps thereby render them more tractable. In pursuing these issues I shall pay particular attention to a recent illuminating analysis proposed and elaborated by Taylor Carman. (shrink)

ABSTRACTThree experiments examined how people reason about what is possible or necessary when a conditional is true. Participants were asked to indicate whether it was necessary, possible or impossible for a specific instance to conform to one of the truth-table cases, given the truth of the conditional. It was found that most participants, inconsistently, judged the pq case as necessary but the ¬pq or ¬p¬q cases as possible. Logically, these two kinds of judgments are contradictory. Moreover, a true conditional doesn’t (...) imply that a specific instance under the conditional must be pq. Therefore, people demonstrate a necessity illusion for pq cases which contradicts their commitment to the possibility of ¬pq or ¬p¬q cases. Existing accounts of conditionals are unable to explain the contradiction and the necessity illusion. We propose an inference dissociation account and explore the theoretical implications of this necessity illusion. (shrink)

Temporal necessity and the subjunctive conditional appear to be related by the principle of Past Predominance, according to which past similarities and differences take priority over future similarities and differences in determining the comparative similarity of alternative possible histories with respect to the present moment. R. H. Thomason and Anil Gupta have formalized Past Predominance in a semantics that combines selection functions with branching time; in this paper I show that Past Predominance can be formalized and axiomatized using ordinary (...) possible worlds semantics (without branching time). (shrink)

Hume considers the extent to which the Deity might be held responsible for resultant sin, given that he is responsible for the necessary chain of events leading thereto. Were we to place the responsibility with God, it would not, seemingly, be placed upon ourselves. If we countenance a necessary chain of events, and a perfect Deity, so the argument goes, we lack culpability. Hume rejects this line of reasoning, maintaining that the mind of man is by nature formed to attribute (...) praise and blame to action. Surprisingly, Hume accepts what appears to be the contraposition of the claim he has just rejected. He seems to think that the presence of criminality presents a problem for those who would attribute perfection to the Deity. I argue that the conditionals in questions are subjunctive, thus Hume is not committed to the rejection of a claim and the acceptance of its contraposition. (shrink)

This article is about conditionalized modal statements whose antecedents concern a preferential attitude of an agent. The focus is on anankastic conditionals or, as they are known in the philosophical literature, hypothetical imperatives. We present a linguistically-motivated analysis of anankastic and related conditionals and use it to address challenges for semantic theories of natural language conditionals motivated by certain philosophical concerns about practical reasoning and the requirements of rationality.

This paper attempts to resolve the apparent conflict between Descartes’ commitments to the creation doctrine and the necessity of eternal truths by elaborating different conceptions of necessity in Descartes’ framework. More specifically, I argue that the fact that Descartes concedes the necessity of eternal truths does not compel him to assert the impossibility of their negation. Necessity, for Descartes, rather means immutability. Descartes distinguishes two kinds of immutable truths. While truths about God’s essence are absolutely immutable, (...) truths about the essences of God’s creation are conditionally immutable, i.e., they can change if God’s will changes. Since there are different kinds of eternal truths, they express different kinds of necessity as well, namely conditional and absolute necessity. After I clarify these two kinds of necessity, I explain how Descartes coherently maintains both that eternal truths are necessary and that God could have created eternal truths otherwise without undermining their necessity. (shrink)

A popular definition of epistemic peerage maintains that two subjects are epistemic peers if and only if they are equals with respect to general epistemic virtues and share the same evidence about the targeted issue. In this paper I shall take up the challenge of defending the necessity of the evidential equality condition for a definition of epistemic peerage from criticisms that can be elicited from the literature on peer disagreement. The paper discusses two definitions that drop this (...) condition and argues that they yield implausible verdicts about the instantiation of the epistemic peerage relation. (shrink)

Private, voluntary compliance programs, promoted by global corporations and nongovernmental organizations alike, have produced only modest and uneven improvements in working conditions and labor rights in most global supply chains. Through a detailed study of a major global apparel company and its suppliers, this article argues that this compliance model rests on misguided theoretical and empirical assumptions concerning the power of multinational corporations in global supply chains, the role information plays in shaping the behavior of key actors in these production (...) networks, and the appropriate incentives required to change behavior and promote improvements in labor standards in these emergent centers of global production. The authors argue that it is precisely these faulty assumptions and the way they have come to shape various labor compliance initiatives throughout the world—even more than a lack of commitment, resources, or transparency by global brands and their suppliers to these programs—that explain why this compliance-focused model of private voluntary regulation has not succeeded. In contrast, this article documents that a more commitment-oriented approach to improving labor standards coexists and, in many of the same factories, complements the traditional compliance model. This commitment-oriented approach, based on joint problem solving, information exchange, and the diffusion of best practices, is often obscured by the debates over traditional compliance programs but exists in myriad factories throughout the world and has led to sustained improvements in working conditions and labor rights at these workplaces. (shrink)

Weak ontic necessity is the ontic necessity expressed by “should/ought to” in English. An example of it is “I should be dead by now”. A feature of this necessity is that whether it holds at the present world is irrelevant to whether its prejacent holds at the present world. In this paper, by combining premise semantics and update semantics for conditionals, we present a logical theory for conditional weak ontic necessity based on context update. A context (...) is a set of ordered defaults, determining expected possible states of the present world. Sentences are evaluated with respect to contexts. When evaluating the conditional weak ontic necessity with respect to a context, we first update the context with the antecedent, then check whether the consequent holds with respect to the updated context. We compare this theory to some related works. The logic’s expressivity is studied. (shrink)

Suppose A is wrongfully attempting to kill you, thereby forfeiting his right not to be harmed proportionately in self-defense. Even if it were proportionate to blow off A's arms and legs to stop his attack, this would be impermissible if you could stop his attack by blowing off just one of his arms. Blowing off his arms and legs violates the necessity condition on imposing harm. Jonathan Quong argues that violating the necessity condition consists in violating (...) a right to be rescued: blowing off four of A’s limbs in proportionate self-defense rather than blowing off one of A’s limbs in proportionate self-defense fails to costlessly rescue three of A's limbs. In response, we present cases which intuitively show that violating the necessity constraint involves the violation of a right that is more stringent than a right to be rescued. (shrink)

Weak ontic necessity is the ontic necessity expressed by “should” or “ought to”. An example of it is “I should be dead by now”. A feature of this necessity is that whether it holds is irrelevant to whether its underlying proposition holds. This necessity essentially involves time. This paper presents a logic for conditional weak ontic necessity in branching time. The logic’s language includes the next instant operator, the last instant operator, and the operator for (...) conditional weak ontic necessity. Formulas are evaluated at tuples consisting of a tree-based model, a context, a timeline, and an instant. A context is a set of ordered ontic laws determining expected timelines. When evaluating conditional weak ontic necessity, we first update the context with the antecedent, then check whether the consequent holds with respect to the updated context. We discuss some consequences of the formalization and compare it to some related work. We study the logic’s expressivity and axiomatize a special validity of it. (shrink)

There is an ongoing debate in the metaphysics of dispositions regarding which type of modality governs their manifestation. This paper assumes as its default position the view that dispositions manifest by conditional necessity; that is, when in appropriate circumstances dispositions manifest necessarily. From this standpoint, the paper engages critically with an existing alternative in the literature, put forward most prominently by Mumford and Anjum, and known as dispositional modality. According to this latter view, even when in appropriate manifestation conditions, (...) dispositions only merely tend towards their manifestation. By raising difficulties for this alternative, the paper offers indirect support for the conditional necessity view. (shrink)

What is it for something to be essential to an item? For some time, it was standard to think that the concept of necessity alone can provide an answer: for something to be essential to an item is for it to be strictly implied by the existence of that item. We now tend to think that this view fails because its analysans is insufficient for its analysandum. In response, some argue that we can supplement the analysis in terms of (...) necessity with a further condition. In this paper I argue that this view is untenable in its current form. I then provide a glimmer of hope to those who think that essence is at least partially analyzable in terms of necessity. (shrink)

An analysis of the use of "necessary" in the cosmological argument reveals that the criticism of it, i.e., that its conclusion is self-contradictory because no existential proposition can be logically necessary, is due to the mistaken contention that the necessity involved is logical rather than conditional necessity.

General consensus has it that contingencies lack the requisite modal umph to serve as explanations for the modal status of necessities. The central aim of this paper is to show that this received opinion is incorrect: contingent necessity-makers are in fact possible. To do so, I identify certain conditions the satisfaction of which entail the possibility of contingent necessity-makers. I then argue for two broad instances where these conditions are satisfied. Consequently, the associated necessities in fact have contingent (...) necessity-makers. (shrink)

We construct a Hilbert style system RPL for the notion of plausibility measure introduced by Halpern J, and we prove the soundness and completeness with respect to a neighborhood style semantics. Using the language of RPL, we demonstrate that it can define well-studied notions of necessity, conditionals and propositional identity.

Contingent conditionals, at the comparative logical works, has yielded different, and often inconsistent, analyses. At contemporaries’ works, there are two approaches to the contingent conditionals: modal and truth-table methods. At the former, there has been used modal connectives of necessity and possibility to analyze the contingent conditionals; but at the latter, some truth-tables has been proposed. At the paper, besides presenting and criticizing the extant theories, we gain new analyses and formulations of the disputed subject matters.

Some of the concerns which motivate attempts to provide a philosophical reduction of nomological necessity are briefly introduced in I. In II, Hempel's treatment of the paradoxes is contrasted with a position which holds that nomological necessity is a pragmatic dimension of laws of nature, and that this pragmatic dimension is of such a type that it prevents laws of nature from contraposing. Such a position is, however, untenable unless (i) the sense of 'pragmatics' at issue is specified, (...) and the possibility of pragmatic differences resulting in differences in confirmation is defended, and (ii) a relevant pragmatic difference between contrapositives is indicated. III attempts to satisfy condition (i) by developing a new sense of pure pragmatics and argues that some remarks by Goodman and Scheffler together with work on the logic of explanation by Dr. Rescher and myself suggest that nomological contrapositives are not pragmatically equivalent (i.e. substitutable salva veritate in the pure pragmatics of an ideal scientific language). If such is the case, condition (ii) is also satisfied. (shrink)

_ Source: _Page Count 25 I explore the role of practical necessity in Kant’s essay _Idea for a Universal History with a Cosmopolitan Aim_. This form of necessity arises on the basis of social and interstate antagonism and Kant appeals to it with the aim of avoiding the introduction of a standpoint that is external to the agents whose attitudes and actions are being described. In connection with the role that Kant accords to practical necessity in the (...) establishment of the legal and political conditions required to fulfil the ‘plan of nature’ in the course of history, I argue that in this essay he fails to identify a mechanism that would explain a fundamental moral change in that which motivates human beings once these conditions have been established. This in turn invites questions concerning the kind of universal history that Kant proposes. In particular, I argue that the choice of historical material that it demands could, in certain circumstances, be regarded as counterpurposive in relation to the aim of nature of which Kant speaks in the same essay. (shrink)

This paper considers whether victims can justify what appears to be unnecessary defensive harming by reference to an honour-based justification. I argue that such an account faces serious problems: the honour-based justification cannot permit, first, defensive harming, and second, substantial unnecessary harming. Finally, I suggest that, if the purpose of the honour based justification is expressive, an argument must be given to demonstrate why harming threateners, as opposed to opting for a non-harmful alternative, is the most effective means of affirming (...) one’s honour. Along the way, I also suggest why I think that internalism about the constraints on defensive harming (the view that the satisfaction of the necessity constraint is a necessity condition of a threatener’s liability) is correct. Most importantly, externalism implies that threateners can be liable to suffer gratuitous harm. I take this to be an unattractive consequence of the view. (shrink)

We construct a Hilbert style system RPL for the notion of plausibility measure introduced by Halpern J, and we prove the soundness and completeness with respect to a neighborhood style semantics. Using the language of RPL, we demonstrate that it can define well-studied notions of necessity, conditionals and propositional identity.

A perceived national emergency creates the temptation to abandon principled constraints to official action in order to pursue whatever is thought necessary to confront the crisis. Principled constraints are thought good precisely when they are least needed - during normal times - and thought obstructionist when they are most needed to guide and constrain official action - during times of perceived exceptional circumstances. We are accustomed to thinking of constitutional rights not as absolutes, but as subject to balancing against compelling (...) governmental need. When compelling government interest is expressed in terms of necessity, otherwise prohibited actions, such as torture, may be justified in specific circumstances. In this Article, I argue that we should reject the temptation to rely on necessity to justify extralegal responses to emergencies. Moreover, we should also reject the claim that the Constitution contains a core principle of necessity that frees executive officials to act unfettered by other constitutional constraints under some circumstances. One problem with necessity is that it displaces constitutional commitments to constrained action because necessity, not constitutional principle, becomes the ultimate authority for official action. A second problem with necessity is that when it is used to justify the practice of torture, it undermines the liberal conception of the person that grounds the political legitimacy of the State. Finally, when we prioritize necessity, we change how we look at the world in ways that have pervasive legal and cultural consequences for how we employ other constitutional rights. When we rely on necessity to override principled commitments, such as the prohibition against torture, we change our practices and principles, creating the conditions for changing fundamental aspects of our constitutional culture. I argue that although it is always subject to change, our constitutional culture does not support a worldview that legitimates treating persons as objects of torture, and that arguments to change our culture in light of the needs of necessity are insufficient. (shrink)

Some​ ​propositions​ ​are​ ​not​ ​only​ ​true,​ ​but​ ​could​ ​not​ ​have​ ​been​ ​otherwise. This​ ​thesis​ ​is​ ​about​ ​modality​ ​and​ ​the​ ​philosophy​ ​of​ ​language.​ ​Its​ ​centrepiece​ ​is​ ​a​ ​new​ ​account​ ​of the​ ​conditions​ ​under​ ​which​ ​a​ ​proposition​ ​is​ ​necessarily​ ​true​ ​in​ ​the​ ​above​ ​sense.

The focus of my dissertation is a general and comprehensive examination of Locke’s view of divine power. My basic argument is that John Locke is a theological voluntarist in his understanding of God’s creative and providential relationship with the world, including both the natural and moral order. As a voluntarist, Locke holds that God freely imposes both the physical and moral laws of nature onto creation by means of his will: this contrasts with the intellectualist perspective in which the laws (...) of nature emerge from the essences of things. For Locke, there are no intrinsically necessary laws in the created order: both physical and moral laws are arbitrary determinations of the divine will. While these laws are not intrinsically necessary, they are hypothetically necessary. Hypothetical necessity involves things that could have been otherwise, but which are necessary based on the supposition of a free action and other relevant conditions pertaining to the actor. Concerning God, we can understand hypothetical necessity in the following way: □ [ → Y]. X is a variable that ranges over a subset of contingent propositions about actions. ‘P’ is the proposition ‘God is perfect’. And Y is any proposition that is a necessary consequent of both X and P. In any possible world in which God performs X, it is the case that Y will obtain. Supposing that God decides to create beings like us, God must of necessity craft the moral laws of nature in a way that harmonizes with our nature. What grounds this necessity is that God must act consistently with the perfection of the divine nature: to give us a different law would be less than perfect. Furthermore, I argue that certain physical laws of nature – those that help to realize our nature – are also hypothetically necessary. (shrink)

In his book Welt und Unendlichkeit, László Tengelyi has enquired into the possibility of a phenomenological metaphysics. Among the many issues addressed in his book, he thematized a real necessity of a non-apriori kind at Aristotle and Husserl, a necessity which he called „a necessity of the fact“. His research settled the basis for the present enquiry, which will examine the relationship between the absolute and the conditional necessity of a fact as well as the contingent (...) or accidental features involved therein at Aristotle and Husserl, insofar as facticity is concerned. I intend to show that although both authors share the view that worldly beings are characterized by their contingency, they differ as to their necessity: Aristotle attributes a contingent necessity to the factual being i.e. to reality, a necessity characterized by its being temporarily conditioned by actuality and which can therefore be defined as the ,conditional necessity of a fact‘. As to Husserl, transcendental phenomenology must, upon the basis of the eidetic method, determine the possibilities out of which the ego constitutes the factual world. He states the necessity of the fact as an eidetic necessity, which has to be grounded on eidetic laws. Later on, enquiries into a „metaphysics in new sense“ lead to a revision of the meaning of „fact“ and to an inversion of the order of foundation as well: the original givenness of the world, the primal I, intersubjectivity and historicity as primal and absolute facts carry the eidetic necessities. Accidental causes, on the other hand, account not only for the contingency of the real but, at Husserl, for the ego‘s ,essential openness‘ and its core of primal contingency. In this context, I shall argue that facticity paired with the accidental allows for the irruption of something new that overwhelms us – an event as Ereignis. (shrink)

Following Smiley’s influential proposal, it has become standard practice to characterise notions of relative necessity in terms of simple strict conditionals. However, Humberstone and others have highlighted various flaws with Smiley’s now standard account of relative necessity. In their recent article, Hale and Leech propose a novel account of relative necessity designed to overcome the problems facing the standard account. Nevertheless, the current article argues that Hale & Leech’s account suffers from its own defects, some of which (...) Hale & Leech are aware of but underplay. To supplement this criticism, the article offers an alternative account of relative necessity which overcomes these defects. This alternative account is developed in a quantified modal propositional logic and is shown model-theoretically to meet several desiderata of an account of relative necessity. (shrink)

It is commonplace among friends of irreducible causal powers to depict powers as producing their characteristic manifestations as a matter of metaphysical necessity. That is to say that when a power finds itself in those circumstances that stimulate it, it cannot help but be exercised: its effects must occur. The result is a metaphysic that depicts the world not as loose and separate but as united by the strongest glue; this is but one way in which the world as (...) understood by friends of powers differs from that of their Humean adversaries. However, this typical understanding of powers has recently come under attack. Schrenk and Mumford and Anjum have independently argued that metaphysical necessity is not up to the task of connecting a stimulated power with its manifestation. Employing the same devices friends of powers use in rejecting attempts to analyze power ascriptions in terms of counterfactual conditionals, Schrenk and Mumford and Anjum argue that any process a power elicits could be frustrated by way of interference or prevention, and thereby blocked. For example, striking a dry match against a rough surface will generally lead to its lighting, but as anyone who has attempted to do this can attest, a strong gust of wind can prevent the match from lighting, despite the striking having taken place. Hence, even in the presence of its stimulus, the power's manifestation is not ensured, and so the claim that powers necessarily bring about their manifestations is undermined. (shrink)

This paper discusses some serious difficulties for what we shall call the standard account of various kinds of relative necessity, according to which any given kind of relative necessity may be defined by a strict conditional - necessarily, if C then p - where C is a suitable constant proposition, such as a conjunction of physical laws. We argue, with the help of Humberstone, that the standard account has several unpalatable consequences. We argue that Humberstone’s alternative account has (...) certain disadvantages, and offer another - considerably simpler - solution. (shrink)

In this paper I argue that there are some sentences whose truth makes no demands on the world, being trivially true in that their truth-conditions are trivially met. I argue that this does not amount to their truth-conditions being met necessarily: we need a non-modal understanding of the notion of the demands the truth of a sentence makes, lest we be blinded to certain conceptual possibilities. I defend the claim that the truths of pure mathematics and set theory are trivially (...) true, and hence accepting their truth brings no ontological commitment; I further defend the claim that the truths of applied mathematics and set theory do not demand the existence of numbers or sets. While the notion of a demand must not be reduced to anything modal, I nonetheless argue that sentences that are trivially true must also be necessary, lest we violate a very weak version of the principle that truth depends on the world. I further argue that all necessary truths are trivially true, lest we admit unexplained necessities. I end by showing one important consequence of this: I argue that if there are truthmakers for intrinsic predications, they must be states of affairs rather than tropes. (shrink)

Modal knowledge accounts like sensitivity or safety face a problem when it comes to knowing propositions that are necessarily true because the modal condition is always fulfilled no matter how random the belief forming method is. Pritchard models the anti-luck condition for knowledge in terms of the modal principle safety. Thus, his anti-luck epistemology faces the same problem when it comes to logical necessities. Any belief in a proposition that is necessarily true fulfills the anti-luck condition and, (...) therefore, qualifies as knowledge. Miščević shares Pritchard’s take on epistemic luck and acknowledges the resulting problem. In his intriguing article “Armchair Luck: Apriority, Intellection and Epistemic Luck” Miščević suggests solving the problem by supplementing safety with a virtue theoretic condition-“agent stability”-which he also spells out in modal terms. I will argue that Miščević is on the right track when he suggests adding a virtue-theoretic component to the safety condition. However, it should not be specified modally but rather in terms of performances that manifest competences. (shrink)

Quite often, for one or the other purpose, the fact (or phenomenon) that does not exist is presented to the society or individuals as the real, really existing although it (the fact or phenomenon) simply does not exist in the real life. And often the term “fiction” is used to describe such phenomena. Although fiction is considered an inseparable companion of a social life, the question arises what the actual (true) fiction is and whether the use of it in criminal (...) proceeding does not mean an intentional law maker’s (or the person’s applying the law) fraud, deceit directed towards the addressee of the applicable law. Fiction and its impact on criminal proceedings is analyzed in this article. Features, characterizing fiction are discussed here as well. (shrink)

It is generally agreed that using lethal or otherwise serious force in self-defense is justified only when three conditions are satisfied: first, there are some grounds for the defender to give priority to his own interests over those of the attacker (whether because the attacker has lost the protection of his right to life, for example, or because of the defender’s prerogative to prefer himself to others); second, the harm used is proportionate to the threat thereby averted; third, the harm (...) is necessary to avert that threat. The first and second conditions have been exhaustively discussed, but the third has been oddly neglected. Meanwhile a prominent school of thought has arisen, in the ethics of war, which seeks to ground the justification of killing in war in principles of individual self-defense. They too have failed to offer any substantive analysis of necessity, while at the same time appealing to it when it suits them to do so. In this paper, I attempt a detailed analysis of the necessity constraint on defensive force, and explore the implications of that analysis for the attempt to transpose principles of individual self-defense into the context of warfare. (shrink)

We develop a theory of necessity operators within a version of higher-order logic that is neutral about how fine-grained reality is. The theory is axiomatized in terms of the primitive of *being a necessity*, and we show how the central notions in the philosophy of modality can be recovered from it. Various questions are formulated and settled within the framework, including questions about the ordering of necessities under strength, the existence of broadest necessities satisfying various logical conditions, and (...) questions about their logical behaviour. We also wield the framework to probe the conditions under which a logicist account of necessities is possible, in which the theory is completely reducible to logic. (shrink)

Normative concepts have a special taste, which many consider to be proof that they cannot be reductively analyzed into entirely nonnormative components. This paper demonstrates that at least some intuitively normative concepts can be reductively analyzed. I focus on so-called ‘hypothetical imperatives’ or ‘anankastic conditionals’, and show that the availability of normative readings of conditionals is determined by features of grammar, specifically features of tense. Properly interpreted, these grammatical features suggest that these deontic modals are analyzable in terms of conditional (...) necessity with a certain temporal structure. (shrink)

The critics in this volume raise several important challenges to the modal normativist position developed in Norms and Necessity, including whether the relation I claim holds between semantic rules and necessity claims generates spurious claims of metaphysical necessity, whether the view is circular (implicitly relying on a more 'robust' form of modal realism), and whether it conflicts with truth-conditional semantics. They also raise probing questions about how it compares to other views of modality, including a Lewisian view (...) and an essentialist view. In these replies, I respond to these challenges in ways that precisify the relevant understanding of ‘semantic rules' and the forms they can take, that make clearer the direction of explanation in modal normativism in ways that show the view doesn't rely on a more ‘robust’ form of modal realism, and that give reason for thinking that there is actually no conflict between modal normativism and truth-conditional semantics. I also aim to give a fuller assessment of how it compares to other approaches to modality, including an essentialist approach. (shrink)