This essay uses Schmitt's work to cast new light on the relevance of the American legal tradition known as ‘legal realism’ for the history and analysis of human rights. It does so by exploring several of Schmitt's most famous criticisms of international law and human rights, and then suggests how they might correspond with a widespread critical legal tradition in the 1920s and 1930s. This essay describes in detail two fundamental features of this tradition: historicism and realism. It (...) concludes by suggesting that a return to some of these earlier law writers and texts might be a more substantive way to develop a constructive critical position in the fields of human rights and international law than an overreliance on the politically provocative (and problematic) rhetorical flourishes of Carl Schmitt. (shrink)

Religion is intrinsically social, and hence irretrievably organizational, although organization is often seen as the darker side of the religious experience--power, routinization, and bureaucracy. Religion and secular organizations have long received separate scholarly scrutiny, but until now their confluence has been little considered. This interdisciplinary collection of mostly unpublished papers is the first volume to remedy the deficit. The project grew out of a three-year inquiry into religious institutions undertaken by Yale University's Program on Non-Profit Organizations and sponsored by the (...) Lilly Endowment. The scholars who took part in this effort weree challenged to apply new perspectives to the study of religious organizations, especially that strand of contemporary secular organizational theory known as "New Institutionalism." The result was this groundbreaking volume, which includes papers on various aspects of such topics as the historical sources and patterns of U.S. religious organizations, contemporary patterns of denominational authority, the congregation as an organization, and the interface between religious and secular institutions and movements. The contributors include an interdisciplinary mix of scholars from economics, history, law, social administration, and sociology. (shrink)

Responding to volatile criticisms frequently leveled at Leo Strauss and those he influenced, the prominent contributors to this volume demonstrate the profound influence that Strauss and his students have exerted on American liberal democracy and contemporary political thought. By stressing the enduring vitality of classic books and by articulating the theoretical and practical flaws of relativism and historicism, the contributors argue that Strauss and the Straussians have identified fundamental crises of modernity and liberal democracy.

ExcerptNow a century old, Carl Schmitt’s The Crisis of Parliamentary Democracy still provides useful training for historians in the necessary task of making distinctions between “liberalism” and “democracy,” two movements that arose with overlapping but distinct core principles in eighteenth-century Europe, often competed with each other, and sometimes came into bloody conflict. Schmitt makes one highly controversial assertion, however, near the beginning of this book. After agreeing with Alexis de Tocqueville that the spread of democracy was the most (...) powerful political trend of the nineteenth century, a trend that became almost irresistible,1 Schmitt declares that there is a crucial flaw in the argument of Jean-Jacques Rousseau that exposes a major problem with democratic theory in general. Democracy has taken so many different forms, according to Schmitt, that it can only be defined according to the basic principle that political decisions are only binding for those who participated in making them. This belief presupposes “that the will of the outvoted minority is in truth identical with the will of the majority. Rousseau’s frequently cited arguments in the Contrat social are fundamental [emphasis added] for democratic thought and ultimately conform to an old tradition.”2 Schmitt refers here to Rousseau’s argument in On the Social Contract (book IV, ch. 2) that if the proposition you supported fails to gain a majority in a referendum, you should acknowledge that you had been mistaken when you voted, because the question posed to citizens was not exactly whether they personally approved of the proposition, but “whether or not it conforms to the general will that is theirs.”3 Schmitt observes caustically that “with this Jacobin logic one can, it is well known, justify the rule of a minority over the majority, even while appealing to democracy.” The first democratic movement of the modern era, the Levellers in the English Civil War, had already attempted this, Schmitt argues, when they proclaimed in 1649 that only the “well-affected” deserved the right to vote in parliamentary elections.4 Schmitt concludes that democracy is therefore highly vulnerable to the emergence of dictatorship, and that the Bolsheviks had just as strong an argument in 1923 that their brutal dominion by an “enlightened” minority was truly democratic as did the Jacobins of 1793. “Theoretically, and in critical times also practically, democracy is helpless [emphasis added] before the Jacobin argument, that is, when faced with the authoritative identification of a minority as the people.” The meaning here of “authoritative identification” (entscheidenden Identifikation) is unclear; Schmitt does not seek to explain why the majority in a democracy should ever accept a minority’s claim that it alone possesses civic virtue or wisdom.5 A very similar argument about Rousseau was made nevertheless by J. L. Talmon in The Origins of Totalitarian Democracy (published in 1952), which has in turn influenced some recent scholars who, like Talmon, do not acknowledge any intellectual debt to Schmitt.6. (shrink)

What implications, if any, does evolutionary biology have for metaethics? Many believe that our evolutionary background supports a deflationary metaethics, providing a basis at least for debunking ethical realism. Some arguments for this conclusion appeal to claims about the etiology of the mental capacities we employ in ethical judgment, while others appeal to the etiology of the content of our moral beliefs. In both cases the debunkers’ claim is that the causal roles played by evolutionary factors raise deep epistemic problems (...) for realism: if ethical truths are objective or independent of our evaluative attitudes, as realists maintain, then we lose our justification for our ethical beliefs once we become aware of the evolutionary shaping of our ethical capacities or beliefs, which would not have disposed us reliably to track independent ethical truths; realism, they claim, thus saddles us with ethical skepticism. I distinguish and spell out various evolutionary debunking arguments along these lines and argue that they all fail: the capacity etiology argument fails to raise any special or serious problem for realism, and the content etiology arguments all rely on strong explanatory claims about our moral beliefs that are simply not supported by the science unless it is supplemented by philosophical claims that just beg the question against realism from the start. While the various debunking arguments do bring out some interesting commitments of ethical realism, and even raise some good challenges as realists develop positive moral epistemologies, they fall far short of their debunking ambitions. (shrink)

In their Why Machines Will Never Rule the World, Landgrebe and Smith (2023) argue that it is impossible for artificial general intelligence (AGI) to succeed, on the grounds that it is impossible to perfectly model or emulate the “complex” “human neurocognitive system”. However, they do not show that it is logically impossible; they only show that it is practically impossible using current mathematical techniques. Nor do they prove that there could not be any other kinds of theories than those in (...) current use. Even if perfect theories were impossible or unlikely, perfection may not be needed and may even be unhelpful. (shrink)

This book examines the effects of the market mechanism on economies and societies. It argues that perfect competition has a tendency to promote adulteration of products and a general deterioration in quality. It also contends that it is very difficult for competitive firms to behave in socially desirable ways - being kind to the environment, contributing to worthy social programmes, handling redundancy humanely. The book goes on to propose ways in which these flaws might be remedied without subverting the market (...) mechanism. (shrink)

This essay continues my investigation of `syntactic semantics': the theory that, pace Searle's Chinese-Room Argument, syntax does suffice for semantics (in particular, for the semantics needed for a computational cognitive theory of natural-language understanding). Here, I argue that syntactic semantics (which is internal and first-person) is what has been called a conceptual-role semantics: The meaning of any expression is the role that it plays in the complete system of expressions. Such a `narrow', conceptual-role semantics is the appropriate sort of semantics (...) to account (from an `internal', or first-person perspective) for how a cognitive agent understands language. Some have argued for the primacy of external, or `wide', semantics, while others have argued for a two-factor analysis. But, although two factors can be specified–-one internal and first-person, the other only specifiable in an external, third-person way–-only the internal, first-person one is needed for understanding how someone understands. A truth-conditional semantics can still be provided, but only from a third-person perspective. (shrink)

The proper treatment of computationalism, as the thesis that cognition is computable, is presented and defended. Some arguments of James H. Fetzer against computationalism are examined and found wanting, and his positive theory of minds as semiotic systems is shown to be consistent with computationalism. An objection is raised to an argument of Selmer Bringsjord against one strand of computationalism, namely, that Turing-Test± passing artifacts are persons, it is argued that, whether or not this objection holds, such artifacts will inevitably (...) be persons. (shrink)

This functional Magnetic Resonance Imaging study investigated high and low suggestible people responding to two visual hallucination suggestions with and without a hypnotic induction. Participants in the study were asked to see color while looking at a grey image, and to see shades of grey while looking at a color image. High suggestible participants reported successful alterations in color perception in both tasks, both in and out of hypnosis, and showed a small benefit if hypnosis was induced. Low suggestible people (...) could not perform the tasks successfully with or without the hypnotic induction. The fMRI results supported the self report data, and changes in brain activity were found in a number of visual areas. The results indicate that a hypnotic induction, although having the potential to enhance the ability of high suggestible people, is not necessary for the effective alteration of color perception by suggestion. (shrink)

This paper argues that we ought to conceive of the Dark Energy problem—the question of how to account for observational data, naturally interpreted as accelerated expansion of the universe—as a crisis of underdetermined pursuit-worthiness. Not only are the various approaches to the Dark Energy problem evidentially underdetermined; at present, no compelling reasons single out any of them as more likely to be true than the other. More vexingly for working scientists, none of the approaches stands out as uncontroversially preferable over (...) its rivals in terms of its rationally warranted promise, i.e. the reasons to further work on, explore, and develop it. We demonstrate this claim by applying a Peircean economic model of pursuit-worthiness in terms of a cognitive cost/benefit estimate—with the instantiation of theory virtues as key indicators of cognitive gains—to the four main Dark Energy proposals (the cosmological constant approach, modified gravity, quintessence, and inhomogeneous cosmologies). According to our analysis, these approaches do not admit of an unambiguous, or uncontroversial, ranking with respect to which ansatz deserves distinguished attention and research efforts. The overall methodological counsel that our analysis underwrites recommends a pragmatic double research strategy forward: to encourage and foster theory pluralism and the search for tests—with the goal of enhancing the testability of the \(\Lambda \) CDM model and “testing it to destruction". (shrink)

Turner argues that computer programs must have purposes, that implementation is not a kind of semantics, and that computers might need to understand what they do. I respectfully disagree: Computer programs need not have purposes, implementation is a kind of semantic interpretation, and neither human computers nor computing machines need to understand what they do.

This paper explores three questions: (1) Why should Certified Public Accountants (CPAs), as a group, adhere to their code of ethics? (2) Why should an individual CPA adhere to the code? (3) Of what significance are the answers to these questions in regards to possible changes in the accounting curriculum and the CPA profession's present concern for self-regulation through quality control reviews? The paper concludes that all college accounting majors should be required to take an ethics course and that the (...) current quality review program should be mandatory, not voluntary. (shrink)

An outline is given of the proof that the consistency of a κ⁺-Mahlo cardinal implies that of the statement that I[ω₂] does not include any stationary subsets of Cof(ω₁). An additional discussion of the techniques of this proof includes their use to obtain a model with no ω₂-Aronszajn tree and to add an ω₂-Souslin tree with finite conditions.

The author uses a series of examples to illustrate two versions of a new, nonprobabilist principle of epistemic rationality, the special and general versions of the metacognitive, expected relative frequency principle. These are used to explain the rationality of revisions to an agent’s degrees of confidence in propositions based on evidence of the reliability or unreliability of the cognitive processes responsible for them—especially reductions in confidence assignments to propositions antecedently regarded as certain—including certainty-reductions to instances of the law of excluded (...) middle or the law of noncontradiction in logic or certainty-reductions to the certainties of probabilist epistemology. The author proposes special and general versions of the MERF principle and uses them to explain the examples, including the reasoning that would lead to thoroughgoing fallibilism—that is, to a state of being certain of nothing. The author responds to the main defenses of probabilism: Dutch Book arguments, Joyce’s potential accuracy defense, and the potential calibration defenses of Shimony and van Fraassen by showing that, even though they do not satisfy the probability axioms, degrees of belief that satisfy the MERF principle minimize expected inaccuracy in Joyce’s sense; they can be externally calibrated in Shimony and van Fraassen’s sense; and they can serve as a basis for rational betting, unlike probabilist degrees of belief, which, in many cases, human beings have no rational way of ascertaining. The author also uses the MERF principle to subsume the various epistemic akrasia principles in the literature. Finally, the author responds to Titelbaum’s argument that epistemic akrasia principles require that we be certain of some epistemological beliefs, if we are rational. (shrink)

In his essay “Afterwords”, Kuhn describes his “double goal” as To justify that science achieves knowledge of nature, and at the same time, To show that science neither achieves, nor should aim towards achieving, truth. I hold that Kuhn’s denial of truth helps to bring out a tension between the two goals of his enterprise: Kuhn cannot both maintain that science achieves knowledge of nature and dismiss the notion of truth altogether from his philosophy of science. The same arguments that (...) attack truth will ultimately damage the quest for knowledge. In this chapter, I intend explore this problem—which I will call the problem of inconsistency—and ultimately provide a defense on behalf of Kuhn. I argue that Kuhn can achieve both of his goals, and so remain consistent, by reevaluating the notion of truth in his philosophy of science. Here, I introduce an alternative correspondence theory of truth, which I call the phenomenal-world correspondence theory of truth. I will argue that Kuhn’s philosophy of science will remain consistent with this alternative view of correspondence. I believe that this notion of truth not only succeeds in defending Kuhn’s enterprise from the problem of inconsistency, but is also a kind of truth that Kuhn can accept into his philosophical enterprise despite his rejection of the traditional correspondence theory. (shrink)

In a recent article in this journal, Del Mar offered two main criticisms of Marmor’s account of social conventions. The first took issue with Marmor’s claim that the constitutive rules of games and kindred social practices determine in an objective way their central aims and values; the second charged Marmor with scanting the historical context in which conventions do their important normative work in shaping the goals of games. I argue that Del Mar’s criticism of Marmor’s account of the normative (...) centrality and force of constitutive rules in games and the like fails, but that his criticism faulting Marmor for giving short shrift to the normative work conventions do in these social practices is on the mark. So while I reject Del Mar’s claim that a closer look at the social and historical contexts in which the conventions of games and the like carry out their normative tasks undermines Marmor’s account of constitutive rules, I think his argument that conventions play a far more important, even if supplementary, role in shaping our understanding of and participation in these social practices than Marmor allows is persuasive. (shrink)

This essay describes computational semantic networks for a philosophical audience and surveys several approaches to semantic-network semantics. In particular, propositional semantic networks are discussed; it is argued that only a fully intensional, Meinongian semantics is appropriate for them; and several Meinongian systems are presented.

A response to a recent critique by Cem Bozşahin of the theory of syntactic semantics as it applies to Helen Keller, and some applications of the theory to the philosophy of computer science.

Terence Parsons's informal theory of intentional objects, their properties, and modes of predication does not adequately reflect ordinary ways of speaking and thinking. Meinongian theories recognizing two modes of predication are defended against Parsons's theory of two kinds of properties. Against Parsons's theory of fictional objects, I argue that no existing entities appear in works of fiction. A formal version of Parsons's theory is presented, and a curious consequence about modes of predication is indicated.

Introduction: characterizing ethical realismIt is useful to begin a survey of recent work on ethical realism with a look at current disputes over what makes a theory of ethics count as ‘realist’ in the first place. Nearly all characterizations of ethical realism include some version of the following two core claims: Ethical discourse is assertoric and descriptive: ethical claims purport to state ethical facts by attributing ethical properties to people, actions, institutions, etc., and are thus true or false depending on (...) whether their descriptions of things are accurate or not . 1 At least some ethical claims, when literally construed, are true in the above sense.Sayre-McCord maintains that these two conditions are necessary and sufficient to characterize ethical realism; others argue that further conditions must be added to yield ethical realism, or at least ‘paradigmatic’ or ‘robust’ ethical realism. Before turning to that, however, it is worth noting that some have recently denied that the above two conditions are even necessary for ethical realism. In probing new work on metaethical taxonomy, Miller argues that the core of ethical realism is simply the metaphysical commitment to objective ethical properties and facts, which is strictly independent of the semantic claims above. If one holds that there are objective facts about the wrongness of slavery, for example, then one ought to count as an ethical realist regardless of whatever views one might hold about the semantics of the contingent forms of discourse that have evolved among language users. Even if our ethical discourse turns out primarily to express conative states ), or all moral claims turn out to be false because …. (shrink)

With the careful use of the polywater episode in the history of chemistry as a case study, I will show that the distinction recently made in the philosophy of science between experimenting on an entity and manipulating that entity is best seen as a distinction between experimenting on, and experimenting with, that entity. The polywater case also reveals that Ian Hacking's 1983 manipulability criterion is not a necessary condition for realism, and that scientists can, and do, justifiably change their minds (...) as to the reality of theoretical entities. (shrink)

Rolston (1988) argues that in order to act ethically in the environment, moral agents must assume that their actions are potentially harmful, and then strive to prove otherwise before implementing that action. In order to determine whether or not an action in the environment is harmful requires the tools of applied epistemology in order to act in accord with Rolston’s ethical prescription. This link between ethics and epistemology demands a closer look at the relationship between confirmation theory, particularly notions of (...) plausibility, in the philosophy of science and environmental ethics. Upon taking this look, I conclude that, at least logically, we are no better off assuming that actions are maximally risky (Rolston) than when we assume minimal risk. “Our vulnerability to error is greatest not from the things that we include in the model, but from the prophecies we leave out entirely.” Francis Bretherton “What is the main epistemic problem concerning science? I take it that it is the explication of how we compare and evaluate theories, as a basis either for theory acceptance or for practical action.” Bas van Fraassen “We face two kinds of ethical difficulties. One is where we know what ought to be done but not how to get the company to do it. The other is where we do not know what is right. We do not know the facts, or how to weigh the facts, especially statistical ones. We do not know the probabilities for development of future technologies. We do not know how to attach values to facts, or how to trade this good off against that one.” Holmes Rolston. (shrink)

It is a matter of fact—and has been so for a considerable amount of time—that philosophy is taught at the pre—college level. However, to teach philosophy at that (or at any) level is one thing; to teach it well is quite another. Fortunately, it can be taught well, as a host of successful experiences and programs have shown. But in what ways can it be taught? Are there differences in the ways in which it can or should be taught at (...) the pre-college level from the ways in which it is taught in college? Are there differences in the ways in which it can or should be taught at the elementary-school level from ways in which it can or should be taught at the secondary-school level? There are other questions, of a similar nature, that the beginning college-level teacher of philosophy might ask: “I have never taught Introduction to Philosophy before; how should I go about it?” And there is a further question: Should it be taught at all? This question can, of course, be raised at any educational level, but it is especially acute at the elementary level. (shrink)

Taking its cue from Augustine’s hesitancy to punish, this article develops an account of punishment as an exercise in Christian subjectivity, understanding by the latter term ‘self-knowledge’ and ‘being subject to another’s control.’ Framed in terms of the sacrament of reconciliation and mediated through the Late Medieval Ecclesiastical Courts, the explicit contours of this Christian subjectivity gradually eroded as secular practices and theories (retribution, rehabilitation, deterrence, and restorative) developed during the nineteenth and twentieth centuries. In the process, the rehabilitative ethos (...) that this subjectivity upheld was lost also. Retrieving it is essential for understanding contemporary punishment from a Christian perspective. (shrink)

The late Hector-Neri Castañeda, the Mahlon Powell Professor of Philosophy at Indiana University, and founding editor of Noûs, has deeply influenced current analytic philosophy with diverse contributions, including guise theory, the theory of indicators and quasi-indicators, and the proposition/practition theory. This volume collects 15 papers--for the most part previously unpublished--in ontology, philosophy of language, cognitive science, and related areas by ex-students of Professor Castañeda, most of whom are now well-known researchers or even distinguished scholars. The authors share the conviction that (...) Castañeda's work must continue to be explored and that his philosophical methodology must continue to be applied in an effort to further illuminate all the issues that he so deeply investigated. The topics covered by the contributions include intensional contexts, possible worlds, quasi-indicators, guise theory, property theory, Russell's substitutional theory of propositions, event theory, the adverbial theory of mental attitudes, existentialist ontology, and Plato's, Leibniz's, Kant's, and Peirce's ontologies. An introduction by the editors relates all these themes to Castañeda's philosophical interests and methodology. (shrink)

This article compares topographical and archaeological remains of the Thermopylae frontier with the ancient testimonia of the sixth century historian Procopius of Caesareia (De aedificiis4.2.1.–22). It was revealed that: many of the frontier fortifications described were initially built before the sixth century; the fortified κλεισούρα mentioned should be equated with the Dhéma Pass; and the commercial settlement of Myropóles is best identified with the modern village of Káto Dhió Vouná. Written in Attic prose, this passage represents a rhetorical exercise, the (...) climax of which turned not on the ancient battlefield of Thermopylae, but rather on a mountain pass and it's highway that neutralized the Thermopylae defenses if they were ever controlled by the enemy. We were told that only the Emperor Justinian's wisdom could grasp this critical fact. Additionally, Procopius employed many rhetorical devices in this narrative: τóπος, χρóνος,, ἄγαλμα, ἔκφρασις, πανηγρικóς and employed imperial propaganda, praise, and exaggeration as well. In short, the passage is a classic example of selective story telling that may have found its inspiration in the Hunnic raid of 539/540 and the Herodotean account of the Persian invasion of 480 BC. While Procopius' account remains our best topographical description of the late antique Thermopylae frontier, one can only say that more archaeological questions were left unanswered than were resolved. In short, as an archaeological source, theDe aedificiisis a disappointing and vexing resource filled with equivocations. Finally, one may doubt that Procopius ever did visit the Thermopylae frontier, even though during his career he certainly had ample opportunity to do so. His account, therefore, must have been based upon secondary sources, whether imperial archival material, itineraries, or military staff reports and were not the result of personal autopsy. (shrink)

Harvard Ms lat. 162 contains theological questions disputed at the University of Vienna between 1426 and the mid 1430s. The article identifies the respondents in these disputations, conducted under Petrus Reicher de Pirchenwart, regent master in theology. Although some of these theologians, such as Johannes de Gmund, Narcissus Hertz, and Thomas Ebendorfer are well known, most have not left any surviving theological writings. This makes these disputations particularly valuable for the intellectual history of the University of Vienna in the second (...) quarter of the fifteenth century. (shrink)

Locus equations fail to provide adequate abstraction to capture the English phoneme /g/. They also cannot characterize final consonants or their relation to pre-vocalic consonants. However, locus equations are approximately abstract enough to define the upper limit on phonological distinctions for place of articulation. Hence, locus equations seem to mediate phonetic and phonological perceptual abilities.