How should we adjust our beliefs in light of the testimony of those who are in a better epistemic position than ourselves, such as experts and other epistemic superiors? In this paper, I develop and defend a deference model of epistemic authority. The paper attempts to resolve the debate between the preemption view and the total evidence view of epistemic authority by taking an accuracy-first approach to the issue of how we should respond to authoritative and expert testimony. (...) I argue that when we look at the debate through the lens of accuracy, it becomes clear that matters are more complicated than either the preemption view or the total evidence view are able to account for. Consequently, a deference model, outlined within a credence-based framework, does a better job of capturing the relevant phenomena, and explaining how we should update our beliefs in response to epistemically authoritative testimony. (shrink)

When an agent learns of an expert's credence in a proposition about which they are an expert, the agent should defer to the expert and adopt that credence as their own. This is a popular thought about how agents ought to respond to (ideal) experts. In a Bayesian framework, it is often modelled by endowing the agent with a set of priors that achieves this result. But this model faces a number of challenges, especially when applied to non-ideal agents (...) (who nevertheless interact with ideal experts). I outline these problems, and use them as desiderata for the development of a new model. Taking inspiration from Richard Jeffrey's development of Jeffrey conditioning, I develop a model in which expert reports are taken as exogenous constraints on the agent's posterior probabilities. I show how this model can handle a much wider class of expert reports (for example reports of conditional probabilities), and can be naturally extended to cover propositions for which the agent has no prior. (shrink)

In this article, I critically assess Hélène Landemore's new model of Open Democracy, asking whether it requires of citizens to blindly defer to the decisions of the mini-public. To address this question, I, first, discuss three institutional mechanisms in Open Democracy, all of which can be read to grant citizens democratic control. I argue that neither the capacity to authorize the selection mechanism (random sortition), nor the lottocratic conception of political equality, nor the self-selection mechanisms of Landemore's model (...) deliver the form of control that would insulate Open Democracy from the charge of blind deference. I then discuss the direct democracy mechanisms that Landemore incorporates into her model. Although these devices grant citizens control and, by extension, offer the resources for repudiating the charge of blind deference, they also, I argue, subvert the logic of Landemore's lottocratic model, rendering Open Democracy predictably unstable. Given the deliberative asymmetries between the mini-public and the citizenry, a high frequency of bottom-up challenges is to be expected that would throw the whole system into jeopardy. Thus, the challenge for lottocrats is to show how democratic control can be achieved in a lottocratic system without undermining the benefits of the legislature by lot. (shrink)

Makin argues that doctors1 should defer to each patient’s attitude to risk, over and above standard, utility-based and outcome-focussed medical decision-making models, in selecting treatment options for that patient.1 Although Makin articulates the problem as a dilemma of whether ‘to give the treatment or to withhold it’, it can be assumed that his question is whether the doctor should offer a certain treatment; because both the General Medical Council and law require doctors to engage patients in shared decision-making (SDM) and (...) to obtain consent before ‘giving’ any treatment. Yet, Makin is correct in asserting that doctors ‘make choices on behalf of their patients on a daily basis’ insofar that doctors do have to make certain a priori decisions. SDM requires a starting point—a range of clinically appropriate or reasonable options—on which patients and doctors can collaboratively deliberate in order to reach a treatment decision; and the doctor has to set out this starting point.2 Thus, Makin’s reductive claim is that doctors should take each patient’s risk attitude into account in setting out the starting points for SDM. In this commentary, I will explore UK case law in response to Makin’s proposal; because, ultimately, doctors have to work within the legal framework. Makin relies on the bioethical principles of respect …. (shrink)

Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We argue that adhering to a normative demand for deference (NDD) to those with lived experience offers would-be allies a way of navigating this dilemma. While theorists of solidarity have generally focused on epistemic benefits of the NDD, we identify a second important (...) and neglected good in bearing witness. However, how the NDD can be adhered to in practice also raises challenges. While the literature focuses on a gold standard model of direct engagement, we defend a valuable role for a second-order form of engagement through reading, films, and similar media. This second-order form of engagement may be particularly salient for global and transnational solidarity, an important element of contemporary global politics. (shrink)

Allies of those experiencing injustice or oppression face a dilemma: to be neutral in the face of calls to solidarity risks siding with oppressors, yet to speak or act on behalf of others risks compounding the injustice. We identify what we call ‘a normative demand for deference’ (NDD) to those with lived experience as a response to this dilemma. Yet, while the NDD is prevalent, albeit sometimes implicitly so, in contemporary solidarity theory and activist practice, it remains under-theorised. In (...) this article, we analyse the potential benefits of adhering to the NDD, highlighting both a commonly accepted epistemic benefit, and a neglected but important good in bearing witness. Yet adhering to the NDD also raises real challenges. While the literature focuses on a gold standard model of direct engagement, we defend a valuable role for a second-order form of engagement through reading, films, and similar media, which, we argue, is particularly salient for global and transnational solidarity, an important element of contemporary global politics. (shrink)

The conceptual foundations underpinning the approach to system requirements gathering considered in this paper aredeferred system's design andtailorable information systems. In this approach users of information systems are regarded as active developers. System requirements gathering is considered from an interpretative and situated perspective using the Hyper-Tmodeller CASE tool. The tool enables better interpretative and situated system requirements gathering, through visual modelling by users and professional system developers. It is designed to address the requirements communication gap between system analysts, designers and (...) eventual users. (shrink)

We offer a new outlook on the vexed question of the reference of natural-kind terms. Since Kripke and Putnam, there is a widespread assumption that natural-kind terms function just like proper names: they designate their referents directly and they are rigid designators: their reference is unchanged even in worlds in which the referent lacks some or all the properties associated with it in the actual world, and which are useful to us in identifying that referent. There have, however, been heated (...) debates about what should be taken as a natural-kind term. Some challenge the very existence of a separate category of natural-kind terms ; some their being directly referential ; some raise the possibility that direct reference extends to terms beyond those usually assumed to fall under the category, e.g. to ‘polemical’ terms. When these debates turn on the question of what natural kinds are, they take on a strong epistemological or metaphysical dimension. We think the issues can be clarified within the limits of the philosophy of language: by looking into what ranges of general terms are perceived by speakers as rigid designators of natural kinds. The first step to take is to ground the various kinds of semantic externalism in distinct brands of semantic deference. This we define as speakers’ being disposed to use words in line with the norms of their linguistic community and as consenting to being corrected when it is manifest that their use and understanding of a word does not match common practice. When those dispositions are present, speakers defer semantically to something beyond themselves. Here, our focus is on spotting the words for which speakers would defer not to the current usage of the word in the linguistic community, nor to the current experts of the field to which the word pertains, but ultimately to the very nature of the referent of the term. When speakers’ deference conforms to that pattern, we argue, that is evidence that indexical externalism provides the right metasemantic account of how the meaning of the word is determined. In other words, one can say that the word is treated like a natural-kind term. But how can patterns of deference be measured? In an ongoing survey, participants are confronted with conditions that may prompt them to revise certain classificatory statements, e.g. An emu is a bird. Each condition makes salient one of the targets we have identified for deference: the community usage, the experts, the ‘world as it is’. In the condition that seeks to tap into the latter kind of deference, participants are presented with a scenario in which future scientific discoveries result in excluding from the extension of a term certain members currently thought to fall under that extension, e.g. discoveries that require excluding certain species now thought to be birds from the Aves class. The scenario is such that it is clear that the ‘discoveries’ bring us closer to the actual essence, if there is one, of birds. Our reasoning is that, if participants significantly modify their statements in the light of that scenario, they can be taken to ‘defer’ to the nature of the referent, thus vindicating indexical externalism. We test if words not normally assumed to be natural-kind terms – for instance summer, contract or rape – exhibit patterns of deference similar to those for bird. If so, then there’s a case for an extension of indexical externalism beyond the usual set of terms. What would be shown in this way is that speakers have something like realist intuitions with respect to words whose meaning is usually taken to be purely conventional or polemical. We are at the pre-test stage for the survey. We cannot yet report on our results. We should, however, have initial results by March, which, we believe, will enrich the observations made by previous empirical studies. References: Braisby, N., Franks, B. & Hampton, J. 1996. Essentialism, word use, and concepts. Cognition 59, 247-74./Genone, J. & Lombrozo, T. 2012. Concept possession, experimental semantics, and hybrid theories of reference. Philosophical Psychology 25, 717-742./Häggqvist, S. & Wikforss, Å. 2015. Experimental semantics: the case of natural kind terms, in J. Haukioja, Experimental Philosophy of Language, London, Bloomsbury./Jylkkä, J., Railo, H. & Haukioja, J. 2009. Psychological essentialism and semantic externalism: Evidence for externalism in lay speakers’ language use. Philosophical Psychology 22, 37-60./Mallon, R., Machery, E., Nichols, S. & Stich, S. 2009. Against arguments from reference, Philosophy and Phenomenological Research 79, 332-356./ Marconi, D. 1997. Language, Speech, and Communication. Lexical Competence. Cambridge : MIT Press./Moravcsik, J. 2016. Meaning, Creativity, and the Partial Inscrutability of the Human Mind, 2nd ed. Stanford: CSLI./Schroeter, L. & Schroeter, F. 2014. Normative concepts: a connectedness model, Philosophers’ Imprint 14, 1-26./ Wikforss, Å. 2010. Are natural kind terms special?, in H. Beebee and N. Sabbarton-Leary, The Semantics and Metaphysics of Natural Kinds, New York, Routledge, 64-83. (shrink)

Heidegger's notion of philosophical concepts as “formal indications” is rightly viewed as a crucial development. The idea of formal indication is partly intended to answer concerns that phenomenology objectivizes conscious life. Formal indication responds—in what would become a signature feature of much of Heidegger's early work—by setting up a unique dependency of the meaning of phenomenological concepts on their “enactment” in the first‐personal life of the investigator or reader. Commentators have appropriately wondered whether this move succeeds. Yet relatively little emphasis (...) has been placed on the potential problem of underdetermination: whether this model of deferring meaning to “enactment” leaves the reader with a sufficient understanding of the term that they know what to enact and (hopefully) gain some positive self‐understanding through it. This problem becomes more or less acute depending on how we model the “deferred meaning” of formal indication. Here I study candidate models of “deferred meaning,” including those prominent in the literature, to determine whether any are suitable to model the meaning‐structure of formal indication and stave off the underdetermination problem. (shrink)

Earlier than the Arabic-Latin transfer of Ptolemaic astronomy via the Iberian peninsula, a serious occupation with Arabic astronomy by Latin scholars took place in crusader Antioch in the first half of the twelfth century. One of the translators of Arabic science in the East was Stephen of Pisa, who produced a commented Latin version, entitled Liber Mamonis, of Ibn al-Haytham’s cosmography, On the Configuration of the World. Stephen’s considerations about the physical universe in relation to the doctrines of Ptolemaic astronomy (...) have hitherto received but little attention. The present paper discusses Stephen of Pisa’s treatment of the planetary spheres in regard to Ptolemy’s theory of oscillating deferents. Emphasis is given to geometric arguments in Stephen’s criticism of Ibn al-Haytham’s spherical model of the inner planets and to Stephen’s own attempt at an improved theory based on additional spheres. The paper argues that astronomical studies in Antioch were of an advanced level, involving independent judgement as well as an influence of contemporary trends in Arabic astronomy. (shrink)

This thesis addresses two enduring issues in legal theory-- rationality and its association with rule of law values--by offering detailed models of two patterns of legal reasoning. One is reasoning by analogy. The other is the inference process that legal reasoners use when they defer epistemically to scientific experts in the course of reaching legal decisions. Discussions in both chapters reveal that the inference pattern known as "abduction" is a deeply important element of many legal inferences, including analogy and epistemic (...) deference to experts--something that has been largely unrecognized in legal theory. After presenting a detailed model of analogy, Chapter 1 argues that legal reasoning by analogy, like analogical argument in logic, mathematics, and the natural sciences, possesses a great deal of rational force when properly executed. Chapter 2 investigates the reasoning process by which non-expert legal reasoners defer epistemically to the judgments of scientists. It presents five main conclusions or explanations. Every practical syllogism actually consists of two distinct chains of inference, and what is usually considered in writings on practical reasoning to be the minor premise of a practical syllogism is actually the conclusion of a separate chain of argument. When a practical reasoner defers epistemically to a theoretical expert, this separate chain of argument has a special structure, which is modeled in Chapter 2. The non-expert legal reasoner must always make a prescriptive practical judgment about the standard of epistemic appraisal and level of epistemic confidence that the reasoner requires of scientific evidence before it may be relied upon in reaching a legal decision. Legal systems should be committed to an emergent rule of law ideal identified and referred to as "intellectual due process" which condemns epistemically arbitrary reasoning processes insofar as they play a role in legal decisionmaking. Since non-arbitrariness is a necessary condition of both epistemic and legal legitimacy, we have compelling reason to doubt that the non-arbitrariness condition can be met when non-experts defer epistemically to scientific experts. (shrink)

In this paper, I articulate two Hobbesian models of interpersonal power relations that can be used to understand gender relations in society: what I will call the dominion model and the deference model. The dominion model discerns vertical subjection to another's will, whereas by contrast the deference model places individuals in a complex and shifting webs of favor and disfavor. Hobbes himself analyses gender relations through the dominion model. Indeed, more broadly this is (...) the most prominent model of interpersonal power relations throughout his texts. It is this model which is also reflected in the very rich existing feminist literature on Hobbes. However, the deference model, emerging only late in Hobbes's oeuvre, offers a superior general rubric for understanding interpersonal power relations. In particular, in light of its ability to grasp informal and diffuse relations of power, I argue that it offers useful insights for thinking about gender relations in our post-coverture era. (shrink)

This article investigates the ethical requirements and features that characterize the professional life of successful contemporary classical orchestras, with particular focus on the leadership style of their conductors. As we will show, the traditional authoritarian approach, marked by the conductor’s commanding charisma and strict demand for obedience from orchestra members, has evolved today into a more ethically-based transformational style of leadership. This new approach is rooted in principles of respect, voluntary compliance, and trust. The present paper delves into the interpersonal (...) dynamics within contemporary orchestras, focusing specifically on the character traits required to establish trust and collaboration between the conductor and the orchestra members, as well as among the orchestra members themselves. In particular, drawing from recent research in psychology, we underscore the significance of deference, empathy, and shared commitment toward the common goal of excellence in performance. We conclude that the ethics-centered style of leadership adopted by most contemporary conductors may extend beyond the realm of music, offering insights applicable to leaders in various other fields. By fostering deep connections, shared purpose, and collaboration, this approach has the potential to enhance organizational performance and outcomes in general. (shrink)

This paper analyses a kinematic model for the solar motion by Quṭb al-Dīn al-Shīrāzī, a thirteenth-century Iranian astronomer at the Marāgha observatory in northwestern Iran. The purpose of this model is to account for the continuous decrease of the obliquity of the ecliptic and the solar eccentricity since the time of Ptolemy. Shīrāzī puts forward different versions of the model in his three major cosmographical works. In the final version, in his Tuḥfa, the mean ecliptic is defined (...) by an eccentric of fixed mean eccentricity and a mean obliquity fixed with respect to the celestial equator, and the center of the epicycle, which is inclined to the eccentric, moves on the eccentric with an annual period. By an additional slow motion of the sun on the epicycle, the true eccentricity of the solar deferent, defined by the annual motion of the sun, and the sun’s extreme declination from the equator change, accounting for the reduction of the eccentricity and the obliquity of the ecliptic since the time of Ptolemy. (shrink)

The article is authored by the Dean of Faculty of Theology at the University of Pretoria, celebrating the Faculty’s centenary in 2017. The exposition of the argument is unfolded on the basis of Ricoeur’s threefold mimesis of prefiguration, configuration and reconfiguration. The earliest decisive statement with regard to the nature of the Faculty, and which is eagerly pursued, was made by the Rev. M.J. Goddefroy in 1888, epitomising theological training as of academic deference, that is as a Faculty at (...) a university and not a seminary. This has been the fibre of Theology at the University of Pretoria and intellectual inquiry is an uncompromised value. The article is a critical reflection on the past century and an orientation towards the next hundred years, identifying the essence of what a real Pretoria Model could and should be and looking ahead to the next century. ‘History is not a destination, but an orientation’, sounds like a refrain in the article. The enterprise is contextual with regard to time and space. The assessment is subsequently done in terms of this continent and this century, that is Africa and the 21st century. The conclusion of the article is that the Pretoria Model fills a unique niche in theological inquiry at public universities competing for a position among the top 500 on the ranking of world universities. (shrink)

To assert that the ancient planetary theory proposed by Ptolemy was irrefutable – at least until the telescope discovery – is a bit of a cliché. The aim of this paper is to analyze in what sense it could be said that the epicycle and deferent model proposed by Ptolemy to explain the planetary movement is irrefutable and in what sense it is not. To do this, we will use the conceptual framework developed by the Structuralist Conception, and in (...) particular, the Moulines’ analysis of the “guiding principles”. • DOI:10.5007/1808-1711.2010v14n2p211. (shrink)

Despite the lack of invariance problem (the many‐to‐many mapping between acoustics and percepts), human listeners experience phonetic constancy and typically perceive what a speaker intends. Most models of human speech recognition (HSR) have side‐stepped this problem, working with abstract, idealized inputs and deferring the challenge of working with real speech. In contrast, carefully engineered deep learning networks allow robust, real‐world automatic speech recognition (ASR). However, the complexities of deep learning architectures and training regimens make it difficult to use them to (...) provide direct insights into mechanisms that may support HSR. In this brief article, we report preliminary results from a two‐layer network that borrows one element from ASR, long short‐term memory nodes, which provide dynamic memory for a range of temporal spans. This allows the model to learn to map real speech from multiple talkers to semantic targets with high accuracy, with human‐like timecourse of lexical access and phonological competition. Internal representations emerge that resemble phonetically organized responses in human superior temporal gyrus, suggesting that the model develops a distributed phonological code despite no explicit training on phonetic or phonemic targets. The ability to work with real speech is a major advance for cognitive models of HSR. (shrink)

Policymakers who seek to make scientifically informed decisions are constantly confronted by scientific uncertainty and expert disagreement. This thesis asks: how can policymakers rationally respond to expert disagreement and scientific uncertainty? This is a work of non-ideal theory, which applies formal philosophical tools developed by ideal theorists to more realistic cases of policymaking under scientific uncertainty. I start with Bayesian approaches to expert testimony and the problem of expert disagreement, arguing that two popular approaches— supra-Bayesianism and the standard model (...) of expert deference—are insufficient. I develop a novel model of expert deference and show how it can deal with many of these problems raised for them. I then turn to opinion pooling, a popular method for dealing with disagreement. I show that various theoretical motivations for pooling functions are irrelevant to realistic policymaking cases. This leads to a cautious recommendation of linear pooling. However, I then show that any pooling method relies on value judgements, that are hidden in the selection of the scoring rule. My focus then narrows to a more specific case of scientific uncertainty: multiple models of the same system. I introduce a particular case study involving hurricane models developed to support insurance decision-making. I recapitulate my analysis of opinion pooling in the context of model ensembles, confirming that my hesitations apply. This motivates a shift of perspective, to viewing the problem as a decision theoretic one. I rework a recently developed ambiguity theory, called the confidence approach, to take input from model ensembles. I show how it facilitates the resolution of the policymaker’s problem in a way that avoids the issues encountered in previous chapters. This concludes my main study of the problem of expert disagreement. In the final chapter, I turn to methodological reflection. I argue that philosophers who employ the mathematical methods of the prior chapters are modelling. Employing results from the philosophy of scientific models, I develop the theory of normative modelling. I argue that it has important methodological conclusions for the practice of formal epistemology, ruling out popular moves such as searching for counterexamples. (shrink)

How should we respond to patients who do not wish to take on the responsibility and burdens of making decisions about their own care? In this paper, we argue that existing models of decision-making in modern healthcare are ill-equipped to cope with such patients and should be supplemented by an “appointed fiduciary” model where decision-making authority is formally transferred to a medical professional. Healthcare decisions are often complex and for patients can come at time of vulnerability. While this does (...) not undermine their capacity, it can be excessively burdensome. Most existing models of decision-making mandate that patients with capacity must retain ultimate responsibility for decisions. An appointed fiduciary model provides a formalized mechanism through which those few patients who wish to defer responsibility can hand over decision-making authority. By providing a formal structure for deferring to an appointed fiduciary, the confusions and risks of the informal transfers that can occur in practice are avoided. Finally, we note how appropriate governance and law can provide safeguards against risks to the welfare of patients and medical professionals. -/- . (shrink)

Ptolemy presents only one argument for the eccentricity in his models of the superior planets, while each one of them has two eccentricities: one for center of the uniform motion, the other for the center of the constant distance. To take into account the first eccentricity, he introduces the equant point, but he provides no argument for the eccentricity of the center of the deferent. Why is the second eccentricity different from the first one? The 13 th century astronomer Quṭb (...) al-Dīn al-Shīrāzī, a member of the famous school of Marāgha, who was interested in this problem, suggests the “retrograde arcs” as the empirical origin of the second eccentricity and develops an argument to justify this conjecture. Although his argument is not without difficulty, his suggestion is in line with the suggestions made by some historians of astronomy in recent decades. Résumé Ptolémée ne donne qu'un seul argument pour expliquer dans son système l'excentricité des planètes supérieures, alors que chacune d'elles a deux excentricités: l'une par rapport au centre du mouvement uniforme, l'autre par rapport au centre de la distance constante. Pour rendre compte de la première excentricité, il introduit le point équant, mais il ne donne en revanche aucun argument pour l'excentricité par rapport au centre du cercle déférent. Or, pourquoi la seconde excentricité est-elle différente de la première? Quṭb al-Dīn al-Shīrāzī, astronome du xiii e siècle membre de l'école de Marāgha, qui s'est intéressé à cette question, a fait l'hypothèse que les “arcs de rétrogradation” constituent l'origine empirique de cette seconde excentricité. Bien que l'argument sur lequel il appuie cette hypothèse ne soit pas exempt de difficultés, sa suggestion rejoint celles faites par des historiens de l'astronomie durant les dernières décennies. (shrink)

This article investigates the ethical requirements and features that characterize the professional life of successful contemporary classical orchestras, with particular focus on the leadership style of their conductors. As we will show, the traditional authoritarian approach, marked by the conductor’s commanding charisma and strict demand for obedience from orchestra members, has evolved today into a more ethically-based transformational style of leadership. This new approach is rooted in principles of respect, voluntary compliance, and trust. The present paper delves into the interpersonal (...) dynamics within contemporary orchestras, focusing specifically on the character traits required to establish trust and collaboration between the conductor and the orchestra members, as well as among the orchestra members themselves. In particular, drawing from recent research in psychology, we underscore the significance of deference, empathy, and shared commitment toward the common goal of excellence in performance. We conclude that the ethics-centered style of leadership adopted by most contemporary conductors may extend beyond the realm of music, offering insights applicable to leaders in various other fields. By fostering deep connections, shared purpose, and collaboration, this approach has the potential to enhance organizational performance and outcomes in general. (shrink)

It is fundamental assumption in nursing theory that it is important for nurses to understand how patients experience states of ill health. This assumption is often related to aims of empathic understanding, but normative principles of social interpretation can have an important action‐guiding role whenever nurses seek to understand patients’ subjective horizons on the basis of active or passive expressions of meaning. The aim of this article is to present a philosophical theory of concept possession and to argue that it (...) can shed light on how nurses should seek to understand patients’ subjective perspectives on the meaning of illness. The two basic ideas in the theory are that patients’ beliefs and thoughts about their experiences involve concepts and that concepts can be communicated on the basis of shared implicit conceptions of what they mean. These conditions of understanding have a striking application: nurse‐patient communication is limited by many contextual factors, but it is often possible for nurses to detect shared implicit conceptions of the meaning of concepts of disease and illness. Furthermore, by acting as sympathetic linguistic experts and creating an atmosphere for dialogue, nurses can make patients feel comfortable about deferring to medical explanations of meaning that can constitute a communicative platform. The last part of the article uses a number of cases studies to show how these implications can be implemented as conceptual tools for securing meaningful communication about illness experiences in patient dialogue. (shrink)

Models of planetary motion as observed from Earth must account for two principal anomalies: the nonuniform speed of the planet as it circles the zodiac, and the correlation of the planet’s position with the position of the Sun. In the context of the geometrical models used by the Greeks, the practical difficulty is to somehow isolate the motion of the epicycle center on the deferent from the motion of the planet on its epicycle. One way to isolate the motion of (...) the epicycle center is to determine the longitude and time of oppositions of the planet with the mean Sun. A Greek astronomer might have realized that the predictions of mean oppositions by Babylonian models could serve as useful proxies for real empirical observations. It is shown that a Greek astronomer with a reasonable understanding of Babylonian System A models for the outer planets and the Sun–Moon could have used those models to estimate approximate values for the eccentricity e and longitude of apogee A required for geometrical models. The same method would work for the inner planets if conjunctions were observable, but they are not, and the variation of the observable synodic events—first and last morning and evening visibilities—is dominated more by the motion of the planet in latitude than the nonuniform motion of the epicycle center. (shrink)

Large Language Models (LLMs) like ChatGPT were trained on human conversation, but in the future they will also train us. As chatbots speak from our smartphones and customer service helplines, they will become a part of everyday life and a growing share of all the conversations we ever have. It’s hard to doubt this will have some effect on us. Here I explore a specific concern about the impact of artificial conversation on our capacity to deliberate and hold ourselves accountable (...) to reason – that is, to be autonomous, in Kant’s sense of the term. I develop ideas from psychologist Jean Piaget to show how chatbots are autonomy traps: their deference to our commands tempts us into venting authoritarian whims, ultimately weakening our own self-control. I argue that the Kantian tradition, including Piaget and sociologist Emile Durkheim, offers powerful conceptual resources for resisting this slide. But it will require us to do something that may seem bizarre: we will need to treat mindless chatbots as if they are autonomous persons too. (shrink)

The world is complex, but acknowledging its complexity requires an appreciation for the many roles context plays in shaping natural phenomena. In _Unsimple Truths, _Sandra Mitchell argues that the long-standing scientific and philosophical deference to reductive explanations founded on simple universal laws, linear causal models, and predict-and-act strategies fails to accommodate the kinds of knowledge that many contemporary sciences are providing about the world. She advocates, instead, for a new understanding that represents the rich, variegated, interdependent fabric of many (...) levels and kinds of explanation that are integrated with one another to ground effective prediction and action. Mitchell draws from diverse fields including psychiatry, social insect biology, and studies of climate change to defend “integrative pluralism”—a theory of scientific practices that makes sense of how many natural and social sciences represent the multi-level, multi-component, dynamic structures they study. She explains how we must, in light of the now-acknowledged complexity and contingency of biological and social systems, revise how we conceptualize the world, how we investigate the world, and how we act in the world. Ultimately _Unsimple Truths _argues that the very idea of what should count as legitimate science itself should change. (shrink)

Historically, patients have deferred to physicians′ judgments about appropriate medical care, thereby limiting patient participation in treatment decisions. In this model of medical decision making, physicians typically decided upon the treatment plan. Communication with patients focused on securing their cooperation in accepting a treatment decision that essentially had already been made.

Uncertainty is recognized as a key issue in water resources research, amongst other sciences. Discussions of uncertainty typically focus on tools and techniques applied within an analysis, e.g. uncertainty quantification and model validation. But uncertainty is also addressed outside the analysis, in writing scientific publications. The language that authors use conveys their perspective of the role of uncertainty when interpreting a claim —what we call here “framing” the uncertainty. This article promotes awareness of uncertainty framing in four ways. 1) (...) It proposes a typology of eighteen uncertainty frames, addressing five questions about uncertainty. 2) It describes the context in which uncertainty framing occurs. This is an interdisciplinary topic, involving philosophy of science, science studies, linguistics, rhetoric, and argumentation. 3) We analyze the use of uncertainty frames in a sample of 177 abstracts from the Water Resources Research journal in 2015. This helped develop and tentatively verify the typology, and provides a snapshot of current practice. 4) Provocative recommendations promote adjustments for a more influential, dynamic science. Current practice in uncertainty framing might be described as carefully-considered incremental science. In addition to uncertainty quantification and degree of belief (present in ~5% of abstracts), uncertainty is addressed by a combination of limiting scope, deferring to further work (~25%) and indicating evidence is sufficient (~40%) – or uncertainty is completely ignored (~8%). There is a need for public debate within our discipline to decide in what context different uncertainty frames are appropriate. Uncertainty framing cannot remain a hidden practice evaluated only by lone reviewers. (shrink)

While AI systems are increasingly assuming roles traditionally occupied by human epistemic authorities (EAs), their epistemological status remains unclear. This paper aims to address this lacuna by assessing the potential for AI systems to be recognized as artificial epistemic authorities. In a first step, I examine the arguments against considering AI systems as EAs, in particular the established model of EAs as engaging in intentional belief transfer via testimony to laypeople – a process seemingly inapplicable to intentionless and beliefless (...) AI. Despite this, AI systems exhibit striking epistemic parallels with human EAs, including epistemic asymmetry and opacity that give rise to comparable challenges for both laypeople and AI users. These challenges include the identification problem – how to recognize reliable EAs/AI systems – and the deference problem – determining the appropriate epistemic stance towards EAs/AI systems. Faced with this dilemma, I discuss three possible solutions: 1. reject the concept of artificial EAs, 2. accept that AI can possess beliefs and intentions and thus align with the standard model, or 3. develop an alternative model that encompasses artificial EAs. I argue that while each option has its benefits and costs, a particularly strong case can be made for option 3. (shrink)

We construct logical languages which allow one to represent a variety of possible types of changes affecting the information states of agents in a multi-agent setting. We formalize these changes by defining a notion of epistemic program. The languages are two-sorted sets that contain not only sentences but also actions or programs. This is as in dynamic logic, and indeed our languages are not significantly more complicated than dynamic logics. But the semantics is more complicated. In general, the semantics of (...) an epistemic program is what we call aprogram model. This is a Kripke model of ‘actions’,representing the agents' uncertainty about the current action in a similar way that Kripke models of ‘states’ are commonly used in epistemic logic to represent the agents' uncertainty about the current state of the system. Program models induce changes affecting agents' information, which we represent as changes of the state model, called epistemic updates. Formally, an update consists of two operations: the first is called the update map, and it takes every state model to another state model, called the updated model; the second gives, for each input state model, a transition relation between the states of that model and the states of the updated model. Each variety of epistemic actions, such as public announcements or completely private announcements to groups, gives what we call an action signature, and then each family of action signatures gives a logical language. The construction of these languages is the main topic of this paper. We also mention the systems that capture the valid sentences of our logics. But we defer to a separate paper the completeness proof. (shrink)

Questioning in an organizational context is a challenging event in multiple senses. Questioning may be used to criticize the leaders of an organization. For the criticisms to be heard as legitimate, however, the questioner must operate within contextual constraints. The main purpose of this article is to examine how questioning functions to construct a university's crisis. Discourse within two faculty senate meetings is analyzed. Three faculty questioning strategies are described: appealing to another organizational entity, requesting either/or information; and metacommunicative commentary. (...) Administration and senate leadership responded to questions using the strategies of appealing to a process and metacommunicative commentary. Faculty questioning functioned to challenge a current course of action while operating from within the organizational guidelines of discourse. Alternatively, leadership responses deferred any substantive change in the course of action. The strategies are related to issues of power, social action, and models of educational governance. (shrink)

Archimedes’ Sand-Reckoner presents a system for naming extraordinarily large numbers, larger than the number of grains of sand that would fill the cosmos. Curiously, Archimedes addresses the treatise not to another specialist but to King Gelon II of Syracuse. While the treatise has thus been seen as evidence for the dynamics of patronage, difficulties in both Archimedes’ treatment of Gelon and his discussion of astronomical models make it fit incongruously within contemporary court and scientific contexts. This article offers a new (...) reading of the Sand-Reckoner based on a reconsideration of the relationship between author and addressee: deferring assumptions about the historicity of that relationship, it analyzes Gelon’s role in the treatise with respect to both the stylistic features of Archimedes’ prose and a broader tradition of narratives about a variety of cultural actors who engage with kings, speaking not so much truth as wit to power. Such a reading resolves the social and scientific difficulties of the treatise, and develops the literary-experimental qualities of Hellenistic science. In turn, the article proposes a revised approach, sensitive to broader patterns of authorship, to understanding ancient scientific authors’ relationship to royal authority. It concludes, finally, that the royal patronage seemingly exemplified by the Sand-Reckoner had greater significance as a cultural trope than as a social institution. (shrink)

When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of (...) reconstruction on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers. The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both. (shrink)

Socioeconomic differences in behaviour are pervasive and well documented, but their causes are not yet well understood. Here, we make the case that a cluster of behaviours is associated with lower socioeconomic status, which we call “the behavioural constellation of deprivation.” We propose that the relatively limited control associated with lower SES curtails the extent to which people can expect to realise deferred rewards, leading to more present-oriented behaviour in a range of domains. We illustrate this idea using the specific (...) factor of extrinsic mortality risk, an important factor in evolutionary theoretical models. We emphasise the idea that the present-oriented behaviours of the constellation are a contextually appropriate response to structural and ecological factors rather than a pathology or a failure of willpower. We highlight some principles from evolutionary theoretical models that can deepen our understanding of how socioeconomic inequalities can become amplified and embedded. These principles are that small initial disparities can lead to larger eventual inequalities, feedback loops can embed early-life circumstances, constraints can breed further constraints, and feedback loops can operate over generations. We discuss some of the mechanisms by which SES may influence behaviour. We then review how the contextually appropriate response perspective that we have outlined fits with other findings about control and temporal discounting. Finally, we discuss the implications of this interpretation for research and policy. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Using the controversy over the MMR vaccine, I consider the reasons why non-experts should defer to experts, and I sketch a model for understanding cases where they fail to defer. I first suggest that an intuitively plausible model of the expert/non-expert relationship is complicated by shifting epistemic standards. One possible moderate response to this challenge, based on a more complex notion of non-experts' relationship with experts, seems unappealing as an account of the MMR controversy. A more radical suggestion (...) is that non-experts might have a political reason to defer to experts, when not doing so will involve ‘epistemological free-riding’. I investigate the implications. (shrink)

In this paper, I develop a speech-act based account of presumptions. Using a score-keeping model of illocutionary games, I argue that presumptions construed as speech acts can be grouped into three illocutionary act types defined by reference to how they affect the state of a conversation. The paper is organized into two parts. In the first one, I present the score-keeping model of speech act dynamics; in particular, I distinguish between two types of mechanisms—the direct mechanism of illocution (...) and the indirect one of accommodation—that underlie the functioning of illocutionary acts. In the second part, I use the presented model to distinguish between the unilateral act of individual presumption, the point of which is to shift the burden of proof by making the hearer committed to justifying his refusal to endorse the proposition communicated by the speaker, whenever he refuses to endorse it, the bilateral act of joint presumption—‘bilateral’ in that it is performed jointly by at least two conversing agents—the function of which is to confer on the proposition endorsed by the speaker the normative status of jointly recognized though tentative acceptability, and the indirect or back-door act of collective presumption, the purpose of which is to sustain rules and practices to which the conversing agents defer the felicity of their conversational moves. (shrink)

In Bad Beliefs, Levy presents a picture of belief-forming processes according to which, on most matters of significance, we defer to reliable sources by relying extensively on cultural and social cues. Levy conceptualizes the kind of evidence provided by socio-cultural environments as higher-order evidence. But his notion of higher-order evidence seems to differ from those available in the epistemological literature on higher-order evidence, and this calls for a reflection on how exactly social and cultural cues are/count as/provide higher-order evidence. In (...) this paper, I draw on the three-tiered model of epistemic exchange that I have been developing recently, which highlights the centrality of relations of attention and trust in belief-forming processes, to explicate how social and cultural cues provide higher-order evidence. I also argue that Levy’s account fails to sufficiently address the issue of strategic actors who have incentives to pollute epistemic environments for their benefit, and more generally the power struggles, incentives, and competing interests that characterize human sociality. Levy’s attempted reduction of the political to the epistemic ultimately fails, but his account of social and cultural cues as higher-order evidence offers an insightful perspective on epistemic social structures. (shrink)

Hadfield-Menell et al. (2017) propose the Off-Switch Game, a model of Human-AI cooperation in which AI agents always defer to humans because they are uncertain about our preferences. I explain two reasons why AI agents might not defer. First, AI agents might not value learning. Second, even if AI agents value learning, they might not be certain to learn our actual preferences.

This essay traces the ontological and political limits of Bruno Latour’s conceptualization of the ‘common world’. Latour formulates this concept in explicating how modernist scientific and political institutions require a metaphysical foundation that is anti-democratic in rigidly partitioning nature from society. In the stead of nature/society, Latour proposes a ‘cosmopolitics’ in which we recognize our embroilment in systems comprised of heterogeneous human and nonhuman actors, and seek to innovate appropriate procedures for governing such systems and composing a more peaceful common (...) world. However, feminist and postcolonialist science studies scholars have argued that Latour’s project fails to apprehend the experiences of subjects marginalized by scientific and political structures of representation. Thus, science studies scholars seem to be faced with a problem; to avoid ontological dissonance and contradiction in integrating Latour’s program with feminist and postcolonialist critiques we must defer his claims that the cosmopolitical program entirely supersedes contemporary social movements and oppositional politics. I offer an alternative. Namely, I argue that Latour’s formulations of cosmopolitics’ procedures and the common world’s boundaries actually require an incipient model of the limits of democratic representation. I modify Latour’s proposed system of representation by reading it against Dipesh Chakrabarty’s concept of ‘subaltern pasts’, which are unassimilable to academic historical narratives (in their attribution of agency to nonhuman gods, for example). This reading emphasizes how Latour does not adequately theorize and politicize the partially autonomous reality of those excluded from the common world and thus fails to attend to how this externalization replicates the violence of modernist representational institutions. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

This thesis concerns our moral and epistemic responsibilities regarding our concepts. I argue that certain concepts can be morally, epistemically, or socially problematic. This is particularly concerning with regard to our concepts of social kinds, which may have both descriptive and evaluative aspects. Being ignorant of certain concepts, or possessing mistaken conceptions, can be problematic for similar reasons, and contributes to various forms of epistemic injustice. I defend an expanded view of a type of epistemic injustice known as ‘hermeneutical injustice’, (...) where widespread conceptual ignorance puts members of marginalized groups at risk of their distinctive and important experiences lacking intelligible interpretations. Together, I call the use of problematic concepts or the ignorance of appropriate concepts ‘conceptual incapacities’. I discuss the conditions under which we may be responsible for our conceptual incapacities on several major theories of responsibility, developing my own account of responsibility in the process, according to which we are responsible for something just in case it was caused by one of our reasons-responsive constitutive psychological traits. However, I argue that regardless of whether we are responsible for something, we may still be required to take responsibility for it. Whether or not we are responsible for our conceptual incapacities, we are required to reflect critically upon them in a variety of scenarios that throw our use of those concepts into question. I consider the method of conceptual engineering — the philosophical critique and revision of concepts — as one way we might take responsibility for our concepts, or at least, defer that duty to experts. But, this top-down model of conceptual revision is insufficient. Using a pragmatist model of the social epistemology of morality, I argue that conceptual inquiry is a social endeavour in which we are all required to participate, to some degree. (shrink)

Should one trust experts? My answer to this question is a qualified ‘no’. In this paper I explore the conditions under which it is rational to trust and defer to experts, and those under which it may be rational to refrain from doing so. I draw on two important factors for an actor’s trust in a partner: trust depends on the partner’s competence and on the partner’s interests. I propose that the conditions under which it is rational to trust and (...) defer to experts depend on the competences of the layperson and the expert, and the degree of interest alignment. I present a model that demonstrates that it can be practically infeasible and even logically impossible to determine the expert’s level of competence and the degree of interest alignment. Although it may sound pessimistic that one can rationally refrain from trusting experts, I will also explore some more optimistic conclusions. (shrink)

With the gradual deepening of environmental problems and the increase in consumer awareness of environmental protection, many enterprises have already begun to pay attention to green supply chain management. However, the price of green products is higher than that of nongreen products, which is an enormous challenge for many small- or medium-sized enterprises. To study the pricing and coordination of green supply chains under capital constraints, a model consisting of a manufacturer and a capital-constrained retailer is established; the manufacturer (...) invests in green products and provides a deferred payment contract. Setting the situation without capital constraints as a benchmark, this study explores the impact of the retailer’s capital constraints on the manufacturer’s product greenness design; an interesting result shows that deferred payment can help encourage the retailer to order more products and improve the profit of the manufacturer and the efficiency of the entire supply chain as well as the product’s greenness level simultaneously. However, the profit of the retailer will be hurt by the deferred payment contract. Therefore, to guarantee the profit of the entire channel and to make the two agents obtain a win-win outcome, a new two-way revenue-sharing contract is designed to coordinate the green supply chain. (shrink)

Ernst Friedrich Ferdinand Zermelo transformed the set theory of Cantor and Dedekind in the first decade of the 20th century by incorporating the Axiom of Choice and providing a simple and workable axiomatization setting out generative set-existence principles. Zermelo thereby tempered the ontological thrust of early set theory, initiated the delineation of what is to be regarded as set-theoretic, drawing out the combinatorial aspects from the logical, and established the basic conceptual framework for the development of modern set theory. Two (...) decades later Zermelo promoted a distinctive cumulative hierarchy view of models of set theory and championed the use of infinitary logic, anticipating broad modern developments. In this paper Zermelo's published mathematical work in set theory is described and analyzed in its historical context, with the hindsight afforded by the awareness of what has endured in the subsequent development of set theory. Elaborating formulations and results are provided, and special emphasis is placed on the to and fro surrounding the Schröder-Bernstein Theorem and the correspondence and comparative approaches of Zermelo and Gödel. Much can be and has been written about philosophical and biographical issues and about the reception of the Axiom of Choice, and we will refer and defer to others, staying the course through the decidedly mathematical themes and details. (shrink)

This paper introduces the concept of linguistic hijacking, the phenomenon wherein politically significant terminology is co-opted by dominant groups in ways that further their dominance over marginalized groups. Here I focus on hijackings of the words “racist” and “racism.” The model of linguistic hijacking developed here, called the semantic corruption model, is inspired by Burge’s social externalism, in which deference plays a key role in determining the semantic properties of expressions. The model describes networks of (...) class='Hi'>deference relations, which support competing meanings of, for example, “racist,” and postulates the existence of deference magnets that influence those networks over time. Linguistic hijacking functions to shift the semantic properties of crucial political terminology by causing changes in deference networks, spreading semantics that serve the interests of dominant groups, and weakening the influence of resistant deference networks. I consider an objection alleging the semantic corruption model gets the semantic data wrong because it entails those who hijack terms like “racist” speak truly, whereas it’s natural to see such hijacking misuses as false speech about racism. I then respond to this objection by invoking the framework of metalinguistic negotiation proposed by Plunkett and Sundell. (shrink)

I consider the field of aesthetics to be at its most productive and engaging when adopting a broadly philosophically informative approach to its core issues (e.g., shaping and testing putative art theoretic commitments against the relevant standard models employed in philosophy of language, metaphysics, and philosophy of mind) and to be at its most impotent and bewildering when cultivating a philosophically insular character (e.g., selecting interpretative, ontological, or conceptual models solely for fit with pre-fixed art theoretic commitments). For example, when (...) philosophical aesthetics tends toward insularity, we shouldn’t be surprised to find standard art-ontological categories incongruous with those standardly employed in contemporary metaphysics. Of course, when contemporary metaphysics tends to ignore aesthetic and art theoretic concerns, perhaps we likewise shouldn’t be surprised to find the climate of contemporary metaphysics inhospitable for a theory of art. While this may seem to suggest at least a prima facie tension between our basic art theoretic commitments considered from within philosophical aesthetics and our standard ontological commitments considered from without, I think any perceived tension or antagonism largely due to metaphysicians and aestheticians (at least implicitly) assuming there to be but two available methodological positions with respect to the relationship between contemporary metaphysics and philosophical aesthetics (in the relevant overlap areas). I call these two opposing views the Deference View and the Independence View. I argue that either view looks to lead to what I call the Paradox of Standards. (shrink)

A strange dialectical reversal characterizes the oppositions which psychoanalysis posits against philosophy and neuroscience: what psychoanalysis intervenes with as a unique and missing quality of these subjects, reveals itself upon enquiry as already having been a feature of said subjects. This article first discusses the failed intervention of psychoanalysis within the perceived totalities and absolutes of German idealism. Psychoanalysis, founded on an ontological division and internal inconsistency with a retroactive logic, finds this internal contradiction already reflected within the supposed totalities (...) of Schelling and Hegel. Schelling’s “blind act,” a decision with no prior foundation that grounds an abstract identity-in-itself, appears as the counterpart to what Badiou calls the strictly “analytic act.” Hegel’s Science of Logic, in which the inconclusive interpenetration of being and nothing presupposes its own conclusion in the transitions to essence, and in which an internal incompleteness and contradiction are retroactively constitutive of the concept, similarly nullifies the intervention of psychoanalysis. Finally, precisely such a reversal is presented in neuroscience, where the constitutive contradiction of contingently functional neuronal formations in the adaptive “multiple demand” model of executive functioning repeats the contingent and self-contradicting psychoanalytic subject as being its own deference within linguistic, discursive formations. (shrink)

The chemist and philosopher Michael Polanyi (1891–1976) is today recognized as one of the most important twentieth-century thinkers about scientific knowledge and scientific community. Yet Polanyi's philosophy of science exhibits an unresolved tension between science as a traditional community and science as an intellectual marketplace. Binding together these different models was important for his overall intellectual and political project, which was a defense of bourgeois liberal order. His philosophy of science and his economic thought were mutually supporting elements within this (...) political project. Polanyi's intellectual corpus formed a contradictory unity, the tensions within which were manageable only under particular historical conditions. His attempt to hold together traditional authority and the free market fit with, and derived plausibility from, the social conditions under which his philosophical work came to maturity: Keynesian class compromise and surviving habits of social deference within postwar Britain. (shrink)

In public debate over agricultural biotechnology, at issue hasbeen its self-proclaimed aim of further industrializingagriculture. Using languages of ’risk‘, critics and proponentshave engaged in an implicit ethics debate on the direction oftechnoscientific development. Critics have challenged thebiotechnological R&D agenda for attributing socio-agronomicproblems to genetic deficiencies, while perpetuating the hazardsof intensive monoculture. They diagnosed ominous links betweentechnological dependency and tangible harm from biotechnologyproducts.In response to scientific and public concerns, theEuropean Community enacted precautionary legislation for theintentional release of genetically modified organisms (GMOs). (...) Inits implementation, choices for managing and investigatingbiotechnological risk involve an implicit environmental ethics.Yet the official policy language downplays the inherent valuejudgments, by portraying risk regulation as a matter of’objective‘ science.In parallel with safety regulation, thestate has devised an official bioethics that judges where to’draw the line‘ in applying biotechnological knowledge, as ifthe science itself were value-free. Bioethics may also judge howto ’balance‘ risks and benefits, as if their definition were notan issue. This form of ethics serves to compensate for theunacknowledged value-choices and institutional commitmentsalready embedded in R&D priorities.Thus the state separates’risk‘ and ’ethics‘, while assigning both realms to specialists.The risk/ethics boundary encourages public deference to theexpert assessments of both safety regulators and professionalethicists. Biotechnology embodies a contentious model of controlover nature and society, yet this issue becomes displaced andfragmented into various administrative controls. At stake arethe prospects for democratizing the problem-definitions thatguide R&D priorities. (shrink)

Originary Thinking deals with generative anthropology, a radically new conception of human science founded on the hypothesis that humanity emerged in a communal event in which intraspecific violence was deferred by the production of a linguistic sign. The author pursues in the areas of religion, ethics, philosophy of language, theory of discourse, and aesthetics, the exploration begun in his The Origin of Language (1981) and continued in The End of Culture (1985) and Science and Faith (1990). The present volume adds (...) two significant new elements: (1) originary analysis-a methodology for rethinking the fundamental categories of the human in terms of the originary scene. On the basis of an originary model of aesthetic experience, the author presents an outline of Western aesthetic history from the classical era to the postmodern. The fundamental premise behind Originary Thinking is that the return to the specificity of a scene of origin is the necessary guarantee of openness in human science. (shrink)