Neo-Fregeans have been troubled by the Nuisance Principle, an abstraction principle that is consistent but not jointly satisfiable with the favored abstraction principle HP. We show that logically this situation persists if one looks at joint consistency rather than satisfiability: under a modest assumption about infinite concepts, NP is also inconsistent with HP.

The offense principle requires that an unpleasant state of mind or offense be produced wrongfully by another party, but not that it be an offense in the strict sense of ordinary language. The legislative problem of determining when offensive conduct is a public or criminal nuisance could be expressed, with equal accuracy, as a problem about determining the extent of personal privacy or autonomy. The former way of describing the matter lends itself to talk of balancing the independent value (...) or reasonableness of the offending conduct against the seriousness of the offense cause, whereas the latter way lends itself to talk of drawing boundaries between the various private domains of persons, and between private domains of a person and the public world. (shrink)

Little is known about the biting nuisance of mosquitoes in the UK, despite the high numbers found in some locations. A telephone questionnaire survey was used to determine the perceived nuisance of biting insects on the Isle of Sheppey, Kent, a place notorious for mosquitoes. Two hundred randomly selected individuals were interviewed and asked if they suffered from mosquito bites. If they answered yes, they were asked to describe where and when they were bitten, and what measures they (...) took against mosquitoes. Forty-six per cent of respondents completed the questionnaire. Of those, 50% reported being bitten by mosquitoes, mostly outside during the summer. Seventy per cent said that most biting occurred during the evening and night. Of those respondents who protected themselves against biting (27), most used repellents (70%), with the remainder changing their behaviour to avoid mosquitoes, including closing or screening windows (33%), wearing thicker clothes (7%) and spraying insecticide (4%). One person slept under a bednet in summer (4%). This study provides evidence that on the Isle of Sheppey mosquitoes are considered a major nuisance by a sizeable proportion of the population. Since there is growing interest in the threat posed by new and emerging diseases in the UK, health authorities will need to make substantial efforts to inform and reassure the public about the threats posed by mosquitoes in areas where they are common. (shrink)

This article highlights the potential for nuisance to provide another avenue to leaseholders of defective buildings who want to seek remediation. The Supreme Court’s decision in Fearn v Tate Gallery expanded the scope of nuisance, focusing on whether there was substantial interference with property use, without the need for physical invasion. Unsafe cladding and fire safety defects diminish the amenity and utility of leasehold flats, so that many are unsafe and unsellable. Landlords, as freeholders, can be considered ‘neighbours’ (...) under nuisance law and therefore held liable for failing to remediate hazards. Applying nuisance to defective premises could allow leaseholders the remedy of an injunction, therefore allowing remediation. Unlike the criticised Fearn, which prioritised the interests of wealthy occupiers of the Neo Bankside apartments over the general public, this article explores the possibility of using nuisance for public good through the remediation of buildings with potentially life-threatening defects. (shrink)

The Toxic Substances Control Act (TSCA), which emerged from congressional legislation of the 1970s following the first Earth Day, was modeled on postmarket nuisance laws, in contrast to premarket-testing laws already in existence for pharmaceuticals and pesticides. In seeking to protect the public from toxic chemicals, TSCA creates and tempts considerable ignorance about chemical products, puts the public at risk without public health protections, and limits choices between more-toxic and less toxic products. Any substances found to be toxic are (...) also difficult to limit or remove because studies identifying their risks are slow, erecting barriers to improved health protections. Companies use a “fog of science” to game procedural rules, keeping products in commerce and prolonging public risks, sometimes for decades. Less honorable behavior on the part of companies and scientists for hire distorts scientific fields and blocks better health protections. (shrink)

This article critically considers calls for the precautionary principle to inform judicial decision making in a private law context in light of the Hoffman litigation, where it is alleged that the potential for genetic contamination from genetically modified (GM) crops causes an unreasonable interference with the rights of organic farmers to use and enjoy their lands, giving rise to an actionable nuisance. Applying the precautionary principle in this context would likely privilege non-GM land uses over GM uses, given the (...) latter's uncertain environmental impacts. Through a comparison of the institutional characteristics and respective roles of public and private regulation, the authors argue that the private law context, which lacks democratic accountability and has a limited ability to address complex scientific issues, is poorly suited to apply the diffuse, policy-based risk allocation considerations raised by the precautionary principle. (shrink)

The injective version of Cantor’s theorem appears in full second-order logic as the inconsistency of the abstraction principle, Frege’s Basic Law V (BLV), an inconsistency easily shown using Russell’s paradox. This incompatibility is akin to others—most notably that of a (Dedekind) infinite universe with the Nuisance Principle (NP) discussed by neo-Fregean philosophers of mathematics. This paper uses the Burali–Forti paradox to demonstrate this incompatibility, and another closely related, without appeal to principles related to the axiom of choice—a result hitherto (...) unestablished. It discusses both the general interest of this result, its interest to neo-Fregean philosophy of mathematics, and the potential significance of the Burali–Fortian method of proof. (shrink)

Transcranial alternating-current stimulation in the frequency range of 1–100 Hz has come to be used routinely in electroencephalogram studies of brain function through entrainment of neuronal oscillations. It turned out, however, to be highly non-trivial to remove the strong stimulation signal, including its harmonic and non-harmonic distortions, as well as various induced higher-order artifacts from the EEG data recorded during the stimulation. In this paper, we discuss some of the problems encountered and present methodological approaches aimed at overcoming them. To (...) illustrate the mechanisms of artifact induction and the proposed removal strategies, we use data obtained with the help of a schematic demonstrator setup as well as human-subject data. (shrink)

Cet ouvrage est une réédition numérique d’un livre paru au XXe siècle, désormais indisponible dans son format d’origine.

This chapter offers a reconstruction of the poorly understood tort of public nuisance. Contrary to the view that the underlying rights protected by this tort contrast with private rights, it argues that these rights are private rights like any other right in the law of torts since they protect private persons, taken severally. And yet, these private rights are also distinctively public in the sense that they protect the interests of private persons to use and enjoy the public space. (...) Public nuisance, then, poses ex post liability for undermining these interests but, above all, constructs a liberal public space. Private law thus extends beyond the private sphere to capture entitlements and responsibilities that do not arise from or attach to ownership of land. This account refines the potentially significant role of the public nuisance tort by addressing the urgent threat posed by climate change. (shrink)

Sex work’s governance throughout the Commonwealth has historically been animated by the objective of rendering the sale of sex, and those who engage in such transactions, invisible. To achieve this end, lawmakers have characterized public, viewable sex work as a nuisance meriting criminalization. Although prohibition results in unequivocal perils for sex workers, governance strategies in this domain remain centred on criminalization. A new law in Canada, Bill C-36: the Protection of Communities and Exploited Persons Act, exemplifies this point. While (...) Bill C-36 purports to shift criminal law’s focus from sex workers to their clients and profiteers, it continues to expose sex workers who work in public view to criminal prosecution. It thereby preserves sex work’s characterization as a nuisance, offensive to a community’s senses and deserving of proscription. Although Bill C-36 proclaims to promote dignity and equality rights, it prioritizes the interests of communities over those of sex workers. In the result, this new law will revoke sex workers’ social and political citizenship and thwart their personal security. (shrink)

In 1841, the first Dog License Act officially described dogs as a nuisance. From then on, observers have repeatedly noted that dogs were a nuisance and that their barking was probably their prime irritant . Three fatal dog attacks since 1991 have highlighted the extent to which dogs can be more than a nuisance . This study reports the findings from 496 interviews—collected from a convenience sample with a quota—to assess the importance of dogs as a (...) class='Hi'>nuisance in the context of all neighborhood nuisances and to determine respondents' reactions to them. This study found dogs were to be the most commonly reported nuisance and the second most important nuisance in neighborhoods. Almost two-thirds of respondents took no action about the nuisances caused by dogs. Compared to their reactions to other nuisances, respondents were least likely to inform the police about dog nuisances. Reasons offered for these reactions may include antiquated laws and a feeling that citizens are not empowered to alter the status quo. (shrink)

This introduction to the special issue on impact investing applies the attractive nuisance notion to impact investing. Social sector actors ‘trespassing’ on the playing field of conventional investment markets may not appreciate the risks. We apply the framework of essentially contested concepts to foster fruitful diverse research in this emerging research field. We advance six dimensions, which we propose allow to describe different sub-clusters of how the term is used in research and practice. For each dimension we identify risks (...) and opportunities stemming from the contested nature and highlight an ambitious research agenda for how future business ethics scholars can help address and foster impact investing. We conclude by illustrating how the papers in this special issue address these challenges. (shrink)

Excessive dog barking is among the leading sources of noise pollution world-wide; however, the reasons for the annoyance of barking to people remained uninvestigated. Our questions were: is the annoyance rating affected by the acoustic parameters of barks; does the attributed inner state of the dog and the nuisance caused by its barks correlate; does the gender and country of origin affect the subjects’ sensitivity to barking. Participants from Hungary (N = 100) and Brazil (N = 60) were tested (...) with sets of 27 artificial bark sequences. Subjects rated each bark according to the inner state of the dog and the annoyance caused by the particular bark. Subjects from both countries found high-pitched barks the most annoying: however, harsh, fast-pulsing, low-pitched barks were also unpleasant. Men found high-pitched barks more annoying than the women did. Annoyance ratings showed positive correlation with assumed negative inner states of the dog, positive emotional ratings showed negative correlation with the annoyance level. This is the first indication that acoustic features that were selected for effective vocal signalling may be annoying for human listeners. Among the explanations for this effect the role of affective communication and similar bioacoustics of particular animal vocalizations and baby cries are discussed. (shrink)

1. Where is the trouble? Let us take it for granted that a person can be interested in researches that go on in different fields, for example, in physics and in psychology. Undoubtedly, this will raise problems not shared by a person whose research is confined to one field only. There may be difficulty in deciding which of the two is that person's primary field of interest; members of his secondary field of interest may be flattered or feel slighted or (...) even threatened by his intrusion into their field. Let us fully ignore all these problems and pretend that they do not exist. Nevertheless, there may be different kinds of problems, and such that are hard to overlook. For example, a researcher may study the behavior of another researcher as a secondary field of research or even, worse, as a primary one. A professor of medical education who has studied the lecturing techniques of professors in his own medical school and found them very poor, meets with an understandable hostility in his own medical school. A (structuralist) sociologist may discover that his colleagues persistently speak of their teaching chores as serious undertakings and as sheer nuisance; he will be considered an enemy of education. A social psychologist may find a certain group of mathematicians or physicists in his own school or country over-ambitious and so rather unfriendly to competitors; they will then not like that social psychologist. A professor of education who thinks that biology professors shamelessly and immorally exploit their graduate students by forcing them to play cogs in their own research machinery, will find it difficult to get a job in a university with a strong biology department. And so it goes on. Let us agree that we can live with this difficulty too and even defend the researcher who meets this kind of hostility. Now the worst case is still different: i.e. when the outsider is also inte rested in the same research as the insider, and criticizes it and offers better ways of doing it.. (shrink)

Research in Science and Technology Studies (STS) tends to presume that intellectual and political radicalism go hand in hand. One would therefore expect that the most intellectually radical movement in the field relates critically to its social conditions. However, this is not the case, as demonstrated by the trajectory of the Parisian School of STS spearheaded by Michel Callon and Bruno Latour. Their position, "actor-network theory," turns out to be little more than a strategic adaptation to the democratization of expertise (...) and the decline of the strong nation-state in France over the past 25 years. This article provides a prehistory of this client-driven, contract-based research culture in U.S. sociology of the 1960s, followed by specific features of French philosophical and political culture that have bred the distinctive tenets of actor-network theory. Insofar as actor-network theory has become the main paradigm for contemporary STS research, it reflects a field that dodges normative commitments in order to maintain a user-friendly presence. (shrink)

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding (...) "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

In artificial intelligence, recent research has demonstrated the remarkable potential of Deep Convolutional Neural Networks (DCNNs), which seem to exceed state-of-the-art performance in new domains weekly, especially on the sorts of very difficult perceptual discrimination tasks that skeptics thought would remain beyond the reach of artificial intelligence. However, it has proven difficult to explain why DCNNs perform so well. In philosophy of mind, empiricists have long suggested that complex cognition is based on information derived from sensory experience, often appealing to (...) a faculty of abstraction. Rationalists have frequently complained, however, that empiricists never adequately explained how this faculty of abstraction actually works. In this paper, I tie these two questions together, to the mutual benefit of both disciplines. I argue that the architectural features that distinguish DCNNs from earlier neural networks allow them to implement a form of hierarchical processing that I call “transformational abstraction”. Transformational abstraction iteratively converts sensory-based representations of category exemplars into new formats that are increasingly tolerant to “nuisance variation” in input. Reflecting upon the way that DCNNs leverage a combination of linear and non-linear processing to efficiently accomplish this feat allows us to understand how the brain is capable of bi-directional travel between exemplars and abstractions, addressing longstanding problems in empiricist philosophy of mind. I end by considering the prospects for future research on DCNNs, arguing that rather than simply implementing 80s connectionism with more brute-force computation, transformational abstraction counts as a qualitatively distinct form of processing ripe with philosophical and psychological significance, because it is significantly better suited to depict the generic mechanism responsible for this important kind of psychological processing in the brain. (shrink)

L’interprétation communément admise de la position de John Stuart Mill à l’égard du paternalisme conduit à le classer parmi les penseurs « anti-paternalistes modérés ». S’il rejette en principe toute forme de paternalisme, Mill reconnaît néanmoins certaines exceptions au « principe de non-nuisance » (harm principle), notamment la possibilité d’adopter une attitude paternaliste à l’égard des individus incapables, pour diverses raisons, de prendre des décisions éclairées. Bien qu’une telle lecture « orthodoxe » trouve effectivement appui dans plusieurs passages bien (...) connus de De la liberté (On Liberty), notre étude soutient que lui attribuer une telle position résulte en partie d’une perception du paternalisme modéré comme un cas moralement non problématique. En remettant en question ce caractère prétendument non controversé du paternalisme modéré, il devient possible de lire Mill non pas comme un défenseur d’un paternalisme illimité à l’égard de ceux qui sont incapables de décider pa... (shrink)

This chapter provides an overview of the borderlines of properties. It considers the unclear borders of property law with other areas of law and the correlation of rights to property and rights under contract. The law of England and Wales accords great significance to property and proprietary rights as it reflects the precepts of life in a modern, liberal, Western democracy. Equity provides a very substantial overlay and supplement to the common law of property. The chapter also considers the law (...) of nuisance following the decision of the UK Supreme Court in Fearn v Board of Trustees of the Tate Gallery. (shrink)

This chapter examines a further set of exceptions to the public enforcement paradigm in public law, in which citizens and corporations are granted rights to enforce the public law duties of their fellow citizens. The examples fall under three headings: the private right to sue for public nuisances; popular actions in which private ‘Attorney-Generals’ are authorized to protect public interests by bringing actions qui tam (for reward), or citizen suits: and rights of private prosecution in the criminal law. Particular attention (...) is devoted to qui tam actions under the Federal Claims Act 1863 in the United States and citizen suits under the Clean Air Act. The chapter describes the private enforcement regimes in each case, examines the way in which such rights are controlled, and identifies their varied and often controversial rationales. The chapter includes discussion of the Texas heartbeat laws and Post Office private prosecution scandal in the United Kingdom and canvases solutions to the problems that such cases throw up. (shrink)

Profound offenses are misleadingly characterized as simply “offensive nuisances” because of their perceived qualitative difference from mere nuisances, and because of their independence of actual perception. The nub of the offensiveness in the “profound” cases is not personal resentment over a disagreeable experience, but outrage at the offending conduct on grounds quite independent of its effect on oneself. Examples of profound offenses include voyeurism, Nazis and Klansmen, execrated but “harmless” deviant religious moral practices, desecration of venerated symbols, and abortion and (...) mistreatment of corpses. The offense principle does not warrant legal interference in a person’s private conduct on the grounds that those who know that the conduct is (or may be) taking place need protection from the profound offensiveness of their own bare knowledge. (shrink)

Noise in behavior is often viewed as a nuisance: while the mind aims to take the best possible action, it is let down by unreliability in the sensory and response systems. How researchers study cognition reflects this viewpoint – averaging over trials and participants to discover the deterministic relationships between experimental manipulations and their behavioral consequences, with noise represented as additive, often Gaussian, and independent. Yet a careful look at behavioral noise reveals rich structure that defies easy explanation. First, (...) both perceptual and preferential judgments show that sensory and response noise may potentially only play minor roles, with most noise arising in the cognitive computations. Second, the functional form of the noise is both non-Gaussian and non-independent, with the distribution of noise being better characterized as heavy-tailed and as having substantial long-range autocorrelations. It is possible that this structure results from brains that are, for some reason, bedeviled by a fundamental design flaw, albeit one with intriguingly distinctive characteristics. Alternatively, noise might not be a bug but a feature: indeed, we suggest that noise is fundamental to how cognition works. Specifically, we propose that the brain approximates probabilistic inference with a local sampling algorithm, one that uses randomness to drive its exploration of alternative hypotheses. Reframing cognition in this way explains the rich structure of noise and leads to a surprising conclusion: that noise is not a symptom of cognitive malfunction but plays a central role in underpinning human intelligence. (shrink)

This chapter begins with a description of the case of Mr. Pickles, who in 1895 was allowed by the Judges of the House of Lords to get away with a vicious trick he had played on the community of Bradford, England. The year before, Pickles had deliberately diverted the course of a stream that was flowing through his land so that it no longer supplied the municipal water reservoir. The main arguments of the book are then presented. This is followed (...) by an overview of the subsequent chapters. (shrink)

SummaryThe objective Bayesian program has as its fundamental tenet (in addition to the three Bayesian postulates) the requirement that, from a given knowledge base a particular probability function is uniquely appropriate. This amounts to fixing initial probabilities, based on relatively little information, because Bayes' theorem (conditionalization) then determines the posterior probabilities when the belief state is altered by enlarging the knowledge base. Moreover, in order to reconstruct orthodox statistical procedures within a Bayesian framework, only privileged ‘ignorance’ probability functions will work.To (...) serve all these ends objective Bayesianism seeks additional principles for specifying ‘ignorance’ and ‘partial information’ probabilities. H. Jeffreys' method of invariance (or Jaynes' modification thereof) is used to solve the former problem, and E. Jaynes' rule of maximizing entropy (subject to invariance for continuous distributions) has recently been thought to solve the latter. I have argued that neither policy is acceptable to a Bayesian since each is inconsistent with conditionalization. Invariance fails to give a consistent representation to the state of ignorance professed. The difficulties here parallel familiar weaknesses in the old Laplacean principle of insufficient reason. Maximizing entropy is unsatisfactory because the ‘partial information’ it works with fails to capture the effect of uncertainty about related nuisance factors. The result is a probability function that represents a state richer in empirical content than the belief state targeted for representation. Alternatively, by conditionalizing on information about a nuisance parameter one may move from a distribution of lower to higher entropy, despite the obvious increase in information available.Each of these two complaints appear to me to be symptoms of the program's inability to formulate rules for picking privileged probability distributions that serve to represent ignorance or near ignorance. Certainly the methods advocated by Jeffreys, Jaynes and Rosenkrantz are mathematically convenient idealizations wherein specified distributions are elevated to the roles of ‘ignorance’ and ‘partial information’ distributions. But the cost that goes with the idealization is a violation of conditionalization, and if that is the ante that we must put up to back objective Bayesianism then I propose we look for a different candidate to earn our support.31. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Videogames and Interactive FictionGrant TavinorIIn the third-person crime simulator Grand Theft Auto 3, the fictional performing of all sorts of criminal nuisance is a possibility. (Squeamish readers, or those that are adamant videogames are playing a decisive role in the moral degeneration of modern society might want to turn away now!) Here is one possibility for players of the game: while driving around in the rundown red-light district (...) of Portland Island, try stopping beside one of the women dressed in leather dresses and knee-high stockings who say things like "Have you ever been down south?" The fictional woman will bend down to the car window and eventually hop in. Now drive to a secluded area, stop the car, and wait. What happens? The car begins to rock up and down, slowly at first, and then more quickly, squeaking all the while. As it does, your health meter increases and the cash meter decreases. Eventually, after the car has stopped rocking, the prostitute exits and walks away. This is all obviously of questionable taste. But the really horrible part is that it is possible to mug the prostitute and take back your money!Though I am reluctant to tell you this, the first time I discovered the trick, I felt a sort of sadistic joy at my reprehensible behavior. Friends in the room at the time thought the whole incident hilarious; except for one who thought it extremely revolting. Perhaps now though, I feel guilty for what I did to the prostitute. (Hence my reluctance to let you know of my sinister fictional activities!) Of course, this episode raises a host of ethical questions; I will not attempt to answer them here. What I am interested in is the possibility of fictional interaction itself. The important point is that this fictive episode seems to show that it is possible in the case of videogames to feel guilty or ashamed for what one [End Page 24] does in a fictional world. But how is this possible? What does interacting with a videogame amount to that it allows for this intimate (and dubious) emotional connection?There is a wide and impressive literature in the analytic philosophy of the arts concerning the nature of fiction and the practice that surrounds it; this literature gives us an ideal theoretical basis from which to explore the topic of videogames. But also, videogames will allow us to return our attention to the theory, perhaps perceiving areas in which it can be improved, so as to become more generally applicable. I begin this paper by setting out some initial descriptive examples of the ways in which videogames are interactive fictions. After discussing an ambiguity in the notion of what it is to interact with a fiction, I deal with two prominent aspects of that interaction; that focused on fictive props, and the apparent interaction players have with fictional worlds. Next, I argue that the interactive nature of videogames alters the character of our interest in them. Rather than a focus on interpretive and sympathetic engagement with narratives, videogames involve their appreciators in an active engagement with the problem spaces or kinetic narratives of gameplay. Finally, I argue that because action and emotion are close cognitive bedfellows, and because emotion plays an important role in the psychology of fictive practice, that the emotions experienced by videogame players will be distinctive to that fictive form.IIVideogames provide their players with a variety of opportunities for interactive engagement. The last ten years have seen significant development in the extent of the fictive interactivity of videogames, especially with the advent of the "next generation" consoles such as Playstation 2 and X-Box, and the burgeoning genre of PC gaming. With the intention of providing some descriptive substance for the following theoretical discussions, in this section I present some examples of the ways in which modern videogames are interactive fictions, and how they differ to more traditional fictive forms in this respect.Many videogames involve exploring an environment. In Grand Theft Auto 3, the player, in the guise of a criminal protagonist, is able to explore the streets of Liberty City. Completing the objectives of the... (shrink)

Even outside Europe, human beings have long contemplated philosophical questions. This book explores Neo-Confucianism and its most important representative: Zhu Xi (1130-1200). In Medieval China, Indian Buddhism was widely received; many endorsed the idea that the self and the world are illusionary (i.e. "empty") but that "emptiness" (sunyata) can be known in meditation. Although Neo-Confucian thinkers in the 11th and 12th centuries also practiced meditation, Buddhist ideas otherwise represented a nuisance for them. In his careful reconstruction, Kai Marchal examines (...) which concepts, ways of speaking, and practices these Neo-Confucians developed to achieve a realistic worldview grounded in ordinary life. "Emptiness" was transformed into the unity of all things. Moreover, Marchal comes to the surprising conclusion that Zhu Xi's thought continues Buddhism in one crucial respect: in the conception of a reflective self-relation located in the world, which is not intended to strengthen the human tendency to egocentricity, but rather to weaken it. (shrink)

The case study described in this paper is part of an emerging cultural context in both its scientific as well as societal aspects, where animals are seen more and more as social and ethical subjects and their presence in the vicinity of humans is seen less and less as a nuisance to be eradicated. It aims to understand the different aspects (material inconveniences, emotional relationships, symbolic value, biodiversity perception, etc.) that hold sway in the relationship between humans and other (...) species in an environment still symbolically seen as separate from any natural process, containing very little biodiversity, and belonging exclusively to humans. This study aims to map out the shared urban ecosystem and show that many of the relationships, coexistence issues, and failures in urban management are connected to semiotic processes that can be transformed. One of the major results of this case study is the emergence of the concept of ‘resistance of the semiotic relation’: the fact that some semiotic relationships, especially symbolic ones, seem to resist any element or piece of evidence that could be proposed to contradict them. This concept postulates that not all semiotic relations have the same strength or the same resistance to exterior attempts to modify them, and that potential semiotic solutions proposed to improve semiotic relationships, for example in cohabitation situations, need to address this reality and the variety of resistance – or resilience – of different semiotic relations. (shrink)

The second volume in Joel Feinberg's series The Moral Limits of the Criminal Law, Offense to Others focuses on the "offense principle," which maintains that preventing shock, disgust, or revulsion is always a morally relevant reason for legal prohibitions. Feinberg clarifies the concept of an "offended mental state" and further contrasts the concept of offense with harm. He also considers the law of nuisance as a model for statutes creating "morals offenses," showing its inadequacy as a model for understanding (...) "profound offenses," and discusses such issues as obscene words and social policy, pornography and the Constitution, and the differences between minor and profound offenses. (shrink)

Excerpt from The Psychology of Religion: An Empirical Study of the Growth of Religious Consciousness The author of the following pages has thought in his modesty that, since his name is as yet unknown to fame, his book might gain a prompter recognition if it were prefaced by a word of recommendation from some more hardened writer. Believing the book to be valuable, I am glad to be able to write such a preface. Many years ago Dr Starbuck, then a (...) student in Harvard University, tried to enlist my sympathies in his statistical inquiry into the religious ideas and experiences of the circumambient population. I fear that to his mind I rather damned the whole project with my words of faint praise. The question-circular method of collecting information had already, in America, reached the proportions of an incipient nuisance in psychological and pedagogical matters. Dr Starbuck's questions were of a peculiarly searching and intimate nature, to which it seemed possible that an undue number of answers from egotists lacking in sincerity might come. Moreover, so few minds have the least spark of originality that answers to questions scattered broadcast would be likely to show a purely conventional content. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This paper demonstrates the value to experimental philosophy of an empirical method from the social sciences – that of comparative judgment. Comparative judgment is a method of assigning scores to (perceptions of) objects using paired comparisons. We use this method to explore the “ordinary meaning” of words, and the classic case of vehicles in the park in particular. We present an empirical study comprising three conditions. Given a pair of potential vehicles, participants were asked to judge either 1) the better (...) example of a vehicle, 2) the worse violation of a sign that reads “no vehicles in the park”, or 3) the bigger nuisance in a park. We find that both the meaning of the wording of the rule and the intention behind it influence participants judgments of rule-violations, consistent with previous studies. More importantly, comparative judgment provides more fine-grained information about agreement and the weighted rankings of the potential vehicles than other methods, with widespread potential applications in experimental philosophy. (shrink)

The study of phenotypic plasticity has progressed significantly over the past few decades. We have moved from variation for plasticity being considered as a nuisance in evolutionary studies to it being the primary target of investigations that use an array of methods, including quantitative and molecular genetics, as well as of several approaches that model the evolution of plastic responses. Here, I consider some of the major aspects of research on phenotypic plasticity, assessing where progress has been made and (...) where additional effort is required. I suggest that some areas of research, such the study of the quantitative genetic underpinning of plasticity, have been either settled in broad outline or superseded by new approaches and questions. Other issues, such as the costs of plasticity are currently at the forefront of research in this field, and are likely to be areas of major future development. (shrink)

Discussion of the posthuman has emerged in a wide set of fields through a diverse set of thinkers including Donna Haraway, Ray Kurzweil, Nick Bostrom, N. Katherine Hayles, and Francis Fukuyama, just to name a few. Despite his extensive critique of technology, commentators have not explored the fruitfulness of Heidegger's work for deciphering the various strands of posthumanism recently formulated in response to contemporary technological developments. Here, I employ Heidegger's critique of technology to trace opposing visions of the posthuman, visions (...) that are both tied intimately to new information technologies. For those seeking to extend humanist ideals, information technologies are employed to extend the vision of an ultra-humanist view of a ‘scientific posthuman’ that dangerously understands the body to be a forfeitable nuisance, rather than an inherent aspect of being human. Along Heideggerian lines, thinkers such as N. Katherine Hayles and Thomas Carlson have developed an alternative trajectory related to Dasein's Being-in-the-world. This trajectory posits the self as constituted by a lack or abyss, enabling the formulation of a ‘mystical posthuman,’ celebrating, rather than forfeiting, humanity's embodied existence. (shrink)

Metaphysics is, as Adorno once notes, the nuisance of philosophy. On the one hand, metaphysics is the reasons of philosophy's existence; on the other hand, it is nearly impossible to characterise metaphysics precisely. This tension is reflected with reference to the contemporary political and cultural situation in Adorno's "Meditations on Metaphysics", the last part of his opus magnum *Negative Dialectics*. The essays in this volume are devoted to different facets of Adorno's examination of metaphysics. They do, however, not only (...) concern themselves with Adorno's metaphysical reflections in a narrow sense, but also extend to other themes Adorno relates to metaphysics: critique of concepts, history, truth, and materialism. Thereby, they render a hardly investigated topic of the *Negative Dialectics* accessible. -/- Contributors: Emil Angehrn, Dirk Braunstein, Peggy H. Breitenstein, Gunnar Hindrichs, Axel Hutter, Philip Hogh, Christian Iber, Julia Jopp, Guido Kreis, Ansgar Martins, Brian O'Connor, Mario Schärli, Marc Nicolas Sommer, Tilo Wesche. (shrink)

Consider the following hypothetical scenario: A patient suffering constant abdominal pain is referred to State Hospital A from her local clinic after not responding to simple analgesics for chronic pelvic pain associated with irregular menstruation. The doctors at State Hospital A discover that she has a suspicion of adenomyosis. She gives written informed consent for a hysterectomy. During routine postoperative check-ups she reports no alleviation of the pelvic pain, urinary frequency along with burning on micturition and a persistent vaginal discharge. (...) Preoperatively, she was not told that the surgeons had inserted a surgical mesh to prevent vault prolapse. She is given antibiotics and further simple analgesia. As her symptoms do not improve she self-refers to State Hospital B. She is informed that she needs a CAT scan. However, the hospital’s scanner has been out of order for three years. She is advised to go to State Hospital C, where the scanner works, but is not given a referral note. She is told by Hospital C that the doctors are too busy to see her, and as she does not have an appointment, and is not an emergency case she should go back to Hospital A. She does not want to go back to Hospital A, as during her last visit there, nursing staff accused her of being a nuisance and escorted her off the premises. She approaches Private Hospital D, where her abdomen and pelvis are scanned. The scan shows the surgical mesh inside her pelvis which had disintegrated. She is told that it is too risky to remove all the fragments, but that some could be removed at a cost - which she could not afford. The surgeon refers her back to State Hospital A with a referral note and copy of the CAT scan report. (shrink)

The relativistic quantum mechanics with Lorentz-invariant evolution parameter and indefinite mass is a very elegant theory. But it cannot be derived by quantizing the usual classical relativity in which there is the mass-shell constraint. In this paper the classical theory is modified so that it remains Lorentz invariant, but the constraint disappears; mass is no longer fixed—it is an arbitrary constant of motion. The quantization of this unconstrained theory gives the relativistic quantum mechanics in which wave functions are localized and (...) normalized in spacetime. Though many authors have published good works in support for such a localization in time, the latter has been generally considered as problematic. Here I show that wave packets restricted to a finite region of spacetime are not a nuisance, but just the contrary. They have the physical interpretation in the fact that an observer perceives a world line event by event, as his experience of “now” proceeds in spacetime. Quantum mechanically this means that at a certain value of the evolution parameter τ the event is most probably to occur within the spacetime region around {ie1005-1} occupied by the wave packet; at later value of τ the position {ie1005-2}—and hence the time coordinate t—of the wave packet is changed. This is closely related to the interpretation of quantum mechanics in general. (shrink)

Dans notre monde radicalement artificialisé, seuls les animaux, en nous rappelant ce qu'a été la nature, nous permettront peut-être de nous souvenir de notre propre humanité. Mais saurons-nous vivre avec eux? Le voulons-nous encore? Car l'abattage de masse des animaux, considérés comme simples éléments des " productions animales ", leur inflige une terreur et une souffrance insoutenables, tout en désespérant les éleveurs. Et l'élevage, après 10 000 ans d'existence, est aujourd'hui souvent décrit comme une nuisance, pour l'environnement comme pour (...) notre santé. Une condamnation reposant sur une confusion entre " élevage " et " production animale ", dont il nous faut comprendre les enjeux. Qu'est-ce que l'élevage? Quelles différences entre " élevage " et " productions animales "? Quelle est la place de la mort clans le travail avec les animaux? Peut-on améliorer leur sort dans les systèmes industriels? Faut-il " libérer les animaux " comme le proposent certains philosophes? En répondant ici a ces questions, Jocelyne Porcher explique en quoi la capacité des hommes à coexister pacifiquement dépend de leur capacité à vivre en paix et dignement avec les animaux. Et pourquoi, dès lors, sauver l'élevage en évitant son assujettissement au système d'exploitation et de mise à mort industrielle pourrait être une des plus belles utopies du XXIe siècle. (shrink)

The present paper will summarise the methodology, the scientific outcomes, and the potential for generalisation of the model of a project that studied cohabitation between human inhabitants and liminal species (in the present case, corvids) in Tartu, Estonia, from October 2021 to July 2023, with a comparative field study in Paris, France. It will present the context and goals of using a semiotic model to map interspecific cohabitation, expose what kind of data can be used to feed the model in (...) a relevant way and how it was done in the case of this project. This paper will present how the model diagnosed issues in cohabitation, both from material nuisances and cultural aspects, insisting on the concept of “hostile minority” that emerged from the study. It will discuss the importance of problem-solving in interspecific cohabitation, what the model suggested regarding this aspect, how this tool can be generalised to a large variety of cases and why it should be used this way. (shrink)

Many aquatic invasive species (AIS) management programs are doing important work on preventing non-indigenous species movement to our wild places. Attitudes and perspectives on aquatic non-indigenous species and their management by ecologists and the public are fundamentally a question of human values. Despite eloquent philosophical writings on treatment of non-indigenous species, management agency rhetoric on ‘invasive’ species usually degenerates to a good versus evil language, often with questionable results and lost conservation dollars. We assess and learn from an established AIS (...) program. We discuss an ethic framework and operational directives to minimise the trap of a binary classification of species into bad or good, and we advocate for a principled pragmatic approach to minimise conflicts. We make a case for not labelling species and instead focusing on managing nuisance conditions and protecting ecosystem health. (shrink)

It Is My Pleasure To Introduce this discussion of Naoko Saito's American Philosophy in Translation. We have contributions from three experts in American philosophy, all of whom have been in conversation with the author for many years: Jim Garrison, Vincent Colapietro, and Steven Fesmire. Prior to their contributions, I would like to set the scene with some brief remarks to introduce the book and to explain something of its background.Over the past two decades, I have worked closely with Saito on (...) a number of projects, and I have been familiar with her ideas for this book since its inception. In some respects, the book is the product of studies in American philosophy that go back to her time as an undergraduate in Tokyo in the 1980s, ideas that were advanced considerably when she did an MA at Harvard, taking classes with Stanley Cavell and Hilary Putnam, and subsequently when she completed her PhD at Teachers College, with René Arcilla as her advisor and Cavell as a member of her committee. It was against this background that, in 2006, Saito published her first singly authored book, The Gleam of Light: Moral Perfectionism and Education in Dewey and Emerson. As that title indicates, she was already exploring the relation between Dewey and pragmatism, on the one hand, and American transcendentalism, on the other. Her sense back then of some separation between these traditions of thought, and of the nature of the tensions between them, has been refined and, for the most part, strengthened in the years since that earlier publication. No doubt she has been influenced in this by Cavell, who, in one essay, for example, asks: “What's the use of calling Emerson a pragmatist?” In any case, her account of this relationship is extended and altered significantly in American Philosophy in Translation.Through the course of her research, Saito has been conscious of the fact that she is studying American philosophy from a distance—a distance that is geographical, cultural, and linguistic—and she retains a thoughtful humility in relation to this. But she also sees here a possible opening to the perception and release of untapped aspects of these traditions of thought, in ways that might fertilize and extend the ground in which the inheritance of American philosophy has flourished. This is very much the line that she pursues in this book. In the light of this, and as the book's title indicates, there is a particular focus on language and translation. It is important that the latter term is understood not merely as an attractive metaphor for change and transformation: crucial to her developing argument is the experience of translating between languages and the reality of the experience in the lives of so many today, within the academy and without. In the course of this experience, one is sometimes confronted, quite self-consciously, with a word or phrase that resists translation. But sometimes—more often in the life of the accomplished or habituated speaker of the foreign language in question—the experience persists as an undercurrent, subtly opening a world that is other in some respects from the one that comes to light in the mother tongue.By contrast, to the many (especially Anglophone) monolingually minded, the need for translation can appear as an unwanted barrier, something of a nuisance, a problem to be solved. This is by no means a response confined, however, to the uneducated (or the Anglophone or the monolingual). There is also a sophisticated variant of this narrowness of outlook where faith is placed in an artificial or technical language with the power, the fantasy runs, to overcome the vagaries of natural language. Hilary Putnam recalls how Rudolf Carnap, whose stature as a thinker and as a human being he does not doubt, felt strongly that “for all x, planned x is better than unplanned x” and was drawn to the idea of a common world language: Thus the idea of a socialist world in which everyone spoke Esperanto (except scientists, who, for their technical work, would employ notations from symbolic logic) was one which would have delighted him. And I recently had a conversation with a student who remarked quite casually that it would not be a bad idea if there were only one language and one literature: “We would get used to it, and it might help to prevent war.” (Putnam 185)Putnam does not deign to respond to the latter assertion. What is foregrounded in his discussion is that monolingualism is likely to hide the plurality of goods that is realized in different cultures. The importance of that plurality is surely something that the luminaries of American philosophy bring to light. Indeed, Putnam's key point of reference in making these remarks is William James.The undercurrent of translation in the experience of the more accomplished speaker of a foreign language can act then as a sensitization to cultural difference, to different possibilities of thought and being. But in fact, this shifting of thought can apply within any language itself, not just inter- but intra-lingually, opening an insight that is close to the heart of American philosophy. If one can hear the cry of the rooster, then one may be wakened also by Thoreau's turn of expression in the idea of the “father tongue”: through a maturing experience of the language we are brought up with, we come to “a reserved and select expression, too significant to be heard by the ear, which we must be born again in order to speak” (Thoreau 69). This renewed investment in language, this continual return to our words, is what opens them to new thought and gives them interest. It is first an inheritance from the culture we are brought up in, but it dies in our speech and thinking if we do not turn it to something new. To build, we must begin by borrowing an axe, but we can return it sharper than when we borrowed it.If translation is operative in our language as a whole, as Saito's argument shows, this points to the many little rebirths within ourselves and in our interactions with one another. In fact, the point becomes political in that democracy depends upon this renewal of our words. This renewal resists not only the allure of ideology but also the now familiar etiolated rhetoric of “political realism.” Moreover, it points beyond the reliance, within the politics of recognition, on the defining of groups and categories toward a politics of acknowledgment.In this vein, Saito's outsider perspective is in tune with what Richard Bernstein has called the “global resurgence of American pragmatism.” The borderline or outsider perspective can have a powerful effect on thought, in relation to which Saito invites the reader to recall that America's past was itself an outsider-past: it was outside Europe, a relation with which it was bound to struggle, but it was also ready, as Emerson and Thoreau demonstrate, to draw from greater cultural distances, where it found congenial aspects in East Asian thought.Saito stresses the anti-foundationalist character of American philosophy as of critical importance for both philosophy and politics, and again her discussion of language is crucial to this. Dewey's emphasis on communication, with his relatively flat style of prose, is contrasted with the stylistic experiment and invention that she finds in Emerson, Thoreau, and Cavell. She sees the style of these writers, in some contrast to that of Dewey, as having a salutary, destabilizing effect. She wants to destabilize Dewey. It is entirely consonant with her position, furthermore, that she raises doubts about the bland acceptance of a politics of inclusion. Not only can this become a surreptitious form of discipline and control: it can engender the conformism that Emerson worked so hard to prevent.The book finishes on a more aesthetic note, taking up lines of thought in Dewey's aesthetics but turning this toward the more extravagant elision, in Thoreau, of the functional and the beautiful. The thematization of the aesthetic in this way is, she tries to show, crucial to our (political) world. (shrink)