This paper presents data on the representation of women at 98 philosophy departments in the United States, which were ranked by the Philosophical Gourmet Report (PGR) in 2015 as well as all of those schools on which data from 2004 exist. The paper makes four points in providing an overview of the state of the field. First, all programs reveal a statistically significant increase in the percentage of women tenured/tenure-track faculty, since 2004. Second, out of the 98 US philosophy departments (...) selected for evaluation by Julie Van Camp in 2004, none in 2015 has 50% women philosophy faculty overall, while one has 50% women who are tenured/tenure track. Third, as of 2015, there is a clear pyramidal shape to the discipline: Women are better represented as Assistant than Associate and as Associate than Full professors. Fourth, women philosophy faculty, especially those who are tenured/tenure track, are better represented at Non-PGR ranked programs than at PGR ranked and PGR Top-20 programs in 2015. (shrink)

An extensive literature about pictorial representation discusses what is involved when a two-dimensional image represents some specific object or type of object. A smaller literature addresses parallel issues in sculptural representation. But little has been said about the role played by the sculptural material itself in determining the meanings of the sculptural work. Appealing to Nelson Goodman and Catherine Elgin’s discussions of literal and metaphorical exemplification, I argue that the material of which a sculpture is constituted plays key roles in (...) what is represented and how it is represented, in part because we have bodily and emotional responses to the real possibilities the sculptural material creates for us. I discuss examples of contemporary artworks by Melvin Edwards, Kara Walker, Willie Cole, Marc Quinn, Ai Weiwei, Janine Antoni, El Anatsui, Zoe Leonard, and others. (shrink)

This essay examines the difficulties faced by the claim that artworks are simple physical objects (or, in the case of non-visual art forms, simple structures of another sort) and examines alternative proposals regarding their ontological nature.

The culturally pervasive tendency to identify aspects of the body as aesthetically imperfect harms individuals and scaffolds injustice related to disability, race, gender, LGBTQ+ identities, and fatness. But abandoning the notion of imperfection may not respect people’s reasonable understandings of their own bodies. I examine the prospects for a practice of aesthetic assessment grounded in a notion of the body’s function. I argue that functional aesthetic assessment, to be respectful, requires understanding the body’s functions as complex, malleable, and determined by (...) the projects and interests of the person whose body it is. Aesthetically relevant functions, on this account, are determined neither by the body’s status as organism nor by cultural assumptions about how bodies should function or be used. (shrink)

This paper has three objectives. First, I argue that apprehending an installation artwork is similar to apprehending an artwork for performance: in each case, audiences must recognize a relationship between the performance or display one encounters and the parameters expressed in the underlying work. Second, I consider whether realizations are also artworks in their own right. I argue that, in both installation art and performance, a particular realization is sometimes an artwork in its own right (even as it realizes another (...) work). I offer criteria for determining when this is the case. Application of the criteria yields the verdict that performances are sometimes artworks in their own right, while displays of installation artworks rarely are. This difference, though, is merely contingent on the conventions of the respective art forms. Third, I address ontological concerns about entities that are both abstract and temporal, as many artworks are on my analysis. (shrink)

On several current views, including those of Matthew Kieran, Gary Iseminger, Jerrold Levinson, and Noël Carroll, aesthetic appreciation or experience involves second-order awareness of one’s own mental processes. But what if it turns out that we don’t have introspective access to the processes by which our aesthetic responses are produced? I summarize several problems for introspective accounts that emerge from the psychological literature: aesthetic responses are affected by irrelevant conditions; they fail to be affected by relevant conditions; we are ignorant (...) of their causes and thus confabulate in explaining them; our attempts to offer explanations change our preferences; and the preferences we form after explanation are lower in quality. I suggest that by distinguishing introspective awareness of mental processes from introspective awareness of mental states, we can safeguard a worthwhile concept of aesthetic experience. In addition, we should recognize that theoretical, rather than introspective, understanding of our mental processes may play a valuable role in aesthetic appreciation. (shrink)

The ability of videos to serve as evidence of racial injustice is complex and contested. This essay argues that scrutiny of the Black body has come to play a key role in how videos of police violence are mined for evidence, following a long history of racialized surveillance and attributions of threat and superhuman powers to Black bodies. Using videos to combat injustice requires incorporating humanizing narratives and cultivating resistant modes of looking.

Deduction is important to scientific inquiry because it can extend knowledge efficiently, bypassing the need to investigate everything directly. The existence of closure failure—where one knows the premises and that the premises imply the conclusion but nevertheless does not know the conclusion—is a problem because it threatens this usage. It means that we cannot trust deduction for gaining new knowledge unless we can identify such cases ahead of time so as to avoid them. For philosophically engineered examples we have “inner (...) alarm bells” to detect closure failure, but in scientific investigation we would want to use deduction for extension of our knowledge to matters we don’t already know that we couldn’t know. Through a quantitative treatment of how fast probabilistic sensitivity is lost over steps of deduction, I identify a condition that guarantees that the growth of potential error will be gradual; thus, dramatic closure failure is avoided. Whether the condition is fulfilled is often obvious, but sometimes it requires substantive investigation. I illustrate that not only safe deduction but the discovery of dramatic closure failures can lead to scientific advances. (shrink)

A curious feature of Aztec philosophy is that the basic metaphysical question of the “Western” tradition cannot be formulated in their language, in Nahuatl. This did not, however, prevent the Aztecs from developing an account of 'reality', or whatever it is that might exist. The article is the first of its kind to compare the work of Aristotle on ousia (being) and the Aztecs on teotl and ometeotl. Through this analysis, it suggests that both of the Nahuatl terms are fundamental (...) for expressing the basic character of reality as process for the Aztecs. It also defends their notion as prima facia reasonable, despite its wide divergence from Aristotle's view. (shrink)

This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable relationship (...) of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to (...) class='Hi'>Conklin, is the relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

This reference essay surveys recent work in the emerging sub-discipline of everyday aesthetics, which builds on the work of John Dewey to resist sharp distinctions between art and non-art domains and argue that aesthetic concepts are properly applied to ordinary domains of experience.

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...) the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

I discuss two interrelated ways in which disgust functions in motherhood. First, relaxation of the mother’s sense of disgust allows her to nurture her child more effectively. Second, others’ responses of disgust are used to enforce social norms regarding the “good” mother. If the mother acquiesces, she must continually monitor and tidy her child, which may interfere with the child’s exploration of the world. If she does not, she is subject to ongoing signs that she is flawed or failing as (...) a mother. (shrink)

This reference essay addresses how sculpture may be defined, the nature of sculptural representation and content, the distinctive forms of tactile and bodily experience to which sculpture can give rise, and the ontology of sculpture. It addresses both sculptures whose form is largely fixed and contemporary sculptural practices incorporating found objects and variable presentation.

I argue that the experiences of everyday life are replete with aesthetic character, though this fact has been largely neglected within contemporary aesthetics. As against Dewey's account of aesthetic experience, I suggest that the fact that many everyday experiences are simple, lacking in unity or closure, and characterized by limited or fragmented awareness does not disqualify them from aesthetic consideration. Aesthetic attention to the domain of everyday experience may provide for lives of greater satisfaction and contribute to our ability to (...) pursue moral aims. (shrink)

As schools publicly modernize in response to societal changes, additional teaching and learning methods are developed, observed, and used since learners have different learning styles that make it easier for them to grasp and retain the material. During the COVID-19 pandemic, teachers require different media to keep the classroom involved while presenting the lesson materials online, one of which is video tutorials. The purpose of this study was to analyze the extent of contextual effects of video tutorials used in general (...) chemistry, determine the relationship between video tutorial effectiveness and the respondents' academic performance, and analyze the significant difference between the four indicators of contextual effects of video tutorials and the respondents' profile. A descriptive-correlational quantitative research design was used in this study. The participants in this study were 144 Grade 12 STEM students from a private school in Sultan Kudarat, Philippines, who took their general chemistry course during the pandemic. The respondents were given a survey questionnaire created with Google Forms. The students agreed with all the assertions and rated them as effective in terms of their perceptions of general chemistry, implying that video tutorials are useful in teaching the subject. With p-values of .023, .046, and .010, respectively, the findings revealed a significant relationship between the overall mean of students' perceptions of the subject of General Chemistry, the concept and application of chemical knowledge and understanding, and their influence on students' academic performance. In terms of their perception, ideas, and application of chemical knowledge and comprehension, the results demonstrated that there is no statistically significant difference between the general mean of male and female students' responses. This basically means that by using video lectures, STEM students of all genders appreciate and understand General Chemistry as a subject. -/- . (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

I argue against a prevailing view that the essence of Godis identical with the attributes. I show that given what Spinoza says in 2d2 – Spinoza'spurported definition of the essence of a thing – the attributes cannot be identical withthe essence of God (whether the essence of God is understood as the distinct attributesor as a totality of indistinct attributes). I argue that while the attributes do notsatisfy the stipulations of 2d2 relative to God, absolutely infinite and eternal power does (...) satisfythose stipulations. Hence, I conclude that absolutely infinite and eternal power is God'sessence and that the attributes are expressions of that power. (shrink)

Though feminists are correct to note that conventional standards of sexiness are oppressive, we argue that feminism should reclaim sexiness rather than reject it. We argue for an aesthetic and ethical practice of working to shift from conventional attributions of sexiness to respectful attributions, in which embodied sexual subjects are appreciated in their full individual magnificence. We argue that undertaking this practice is an ethical obligation, since it contributes to the full recognition of others’ humanity. We discuss the relationship of (...) ethical to aesthetic considerations and argue that the respectful notion of sexiness is a genuinely aesthetic one, even though it does not involve assessment in relation to standards. (shrink)

I argue that there can be appropriate aesthetic experiences even of basic somatic experiences like itches and scratches. I show, in relation to accounts of aesthetic experience offered by Carroll and Stecker, that experiences of itches and scratches can be aesthetic; I show that itches can be objects of attention in the way that normative accounts of the aesthetic often require; and I show, in relation to accounts of the aesthetic appreciation of nature offered by Carlson and Carroll, that aesthetic (...) experience of itches and scratches can be appropriate. I argue that attention to the domain of somatic experience is worthwhile, in that it offers the prospects of significant aesthetic satisfaction, and I suggest that even attention to unpleasant experiences like itches and pains may be aesthetically rewarding. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

This article discusses the relationship (or lack thereof) between authors’ intentions and the meaning of literary works. It considers the advantages and disadvantages of Extreme and Modest Actual Intentionalism, Conventionalism, and two versions of Hypothetical Intentionalism, and discusses the role that one’s theoretical commitments about the robustness of linguistic conventions and the publicity of literary works should play in determining which view one accepts.

This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal existence is (...) said to rest with norms, this existence is very different than an existence constituted from social behaviour. Instead, in Kelsen’s view, a norm is a signifying relation between a sign and a cognitive object. Kelsen’s theory of language, however, is very different from a theory of speech acts. When addressing why a norm is binding, we find that Kelsen’s full theory of language excludes important phenomena in order to retain its purity. (shrink)

Virtually everyone who has advanced an ontology of art has accepted a constraint to the effect that claims about ontology should cohere with the sort of appreciative claims made about artworks within a mature and reflective version of critical practice. I argue that such a constraint, which I agree is appropriate, rules out a one-size-fits-all ontology of contemporary visual art (and thus of visual art in general). Mature critical practice with respect to contemporary art accords artists a significant degree of (...) stipulative authority regarding the features and boundaries of their works. This results in ontological variation among visual artworks. Any claim to the effect that all works belong to the same ontological category will thus come out false or uninformative. Interesting, substantive claims about ontological status can be made only in relation to specific works; that is, we must consider the ontological status of each contemporary artwork individually. The only general ontological claim that can be made about visual artworks (and also about artworks in other forms) is that they belong to the sort of thing that artists create. But this is not a substantive ontological claim. (shrink)

I argue that contemporary artists fix the features of their works not only through their actions of making and presenting objects, but also through auxiliary activities such as corresponding with curators and institutions. I refer to such fixing of features as the artist’s sanction: artists sanction features of their work through publicly accessible actions and communications, such as making a physical object with particular features, corresponding with curators and producing artist statements. I show, through an extended example, that in order (...) to grasp the nature of contemporary artworks, and thus be in a position to interpret them, we must attend to the features the artist has sanctioned. However, this does not amount to saying that the artist’s intention fixes the features of the work. While related to intentions, sanctions are not identical to them; and, indeed, the features the artist has sanctioned may conflict, in some cases, with those she intended. I distinguish my view from actual and hypothetical intentionalism and show that considering the artist’s sanction does not force us to accept any particular interpretation of the work. I also show that, while it has special relevance to our understanding of contemporary artworks, the notion of the sanction is in fact relevant to traditional Western art as well. (shrink)

Appropriation art has often been thought to support the view that authorship in art is an outmoded or misguided notion. Through a thought experiment comparing appropriation art to a unique case of artistic forgery, I examine and reject a number of candidates for the distinction that makes artists the authors of their work while forgers are not. The crucial difference is seen to lie in the fact that artists bear ultimate responsibility for whatever objectives they choose to pursue through their (...) work, whereas the forger's central objectives are determined by the nature of the activity of forgery. Appropriation artists, by revealing that no aspect of the objectives an artist pursues are in fact built in to the concept of art, demonstrate artists' responsibility for all aspects of their objectives and, hence, of their products. This responsibility is constitutive of authorship and accounts for the interpretability of artworks. Far from undermining the concept of authorship in art, then, the appropriation artists in fact reaffirm and strengthen it. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

As aesthetic beings, we are receptive to and engaged with the sensuous phenomena of life while also knowing that we are targets of others’ awareness: we are both aesthetic agents and aesthetic objects. Our psychological health, our standing within our communities, and our overall wellbeing can be profoundly affected by our aesthetic surroundings and by whether and how we receive aesthetic recognition from others. When our embodied selves and our cultural products are valued, and when we have rich opportunities for (...) aesthetic experience and for the exercise of aesthetic agency, the aesthetic can foster and sustain wellbeing and help to make our lives worthwhile. But when we are subjected to aesthetic blight, restriction of our aesthetic agency, and aesthetic devaluing of our embodied selves and our communities’ cultural products, the aesthetic can do great harm: such aesthetic maneuvers play a significant role in oppression and social hierarchy related to race, gender, fatness, and disability. This essay explores the notions of aesthetic objects and aesthetic agents, their relations with each other, and the unique affordances of persons’ status as simultaneously aesthetic objects and aesthetic agents. It examines the prospects for bodily aesthetic experience to promote wellbeing and, at the end, considers how the aesthetic might play a role in establishing forms of mutual vulnerability and recognition to combat oppressive social hierarchies. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

This essay takes a first step in comparative ethics by looking to Aristotle and the Aztec's conceptions of the good life. It argues that the Aztec conception of a rooted life, neltiliztli, functions for ethical purposes in a way that is like Aristotle's eudaimonia. To develop this claim, it not only shows just in what their conceptions of the good consist, but also in what way the Aztecs conceived of the virtues (in qualli, in yectli).

Resident microbiota do not just shape host immunity, they can also contribute to host protection against pathogens and infectious diseases. Previous reviews of the protective roles of the microbiota have focused exclusively on colonization resistance localized within a microenvironment. This review shows that the protection against pathogens also involves the mitigation of pathogenic impact without eliminating the pathogens (i.e., “disease tolerance”) and the containment of microorganisms to prevent pathogenic spread. Protective microorganisms can have an impact beyond their niche, interfering with (...) the entry, establishment, growth, and spread of pathogenic microorganisms. More fundamentally, we propose a series of conceptual clarifications in support of the idea of a “co-immunity,” where an organism is protected by both its own immune system and components of its microbiota. -/- . (shrink)

Prominent philosophical accounts of artistic forgery have neglected a central aspect of the aesthetic harm it perpetrates. To be properly understood, forgery must be seen in the context of our ongoing attempts to augment our aesthetic understanding in conditions of uncertainty. The bootstrapping necessary under these conditions requires a highly refined comprehension of historical context. By creating artificial associations among aesthetically relevant qualities and misrepresenting historical relationships, undetected forgeries stunt or distort aesthetic understanding. The effect of this may be quite (...) pervasive, and removing known forgeries from museum walls will be insufficient to eradicate it. Continued attention to forgeries, once exposed, can in fact serve us by increasing our understanding of how aesthetic understanding is formed and by helping us to repair the damage they have inflicted. (shrink)

This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without (...) the boundary. Derrida’s most insightful essay in this regard is his study of Franz Kafka’s untitled parable in The Trial. The parable represents a man who waits for an invitation to enter the Law until he nears his end. Derrida responds to the parable in his essay, “Before the Law.” This article uses the parable and Derrida’s response to it as a starting-off point for a reconsideration of the boundary of legal knowledge. In this context, Derrida asks this question: “why is Kafka’s parable categorized as Literature or Law?” Such an issue depends upon the boundary of a discipline, according to Derrida. And that focus, in turn, asks whether the boundary pre-exists any text which is represented as “Literature” or “Law” or “Philosophy.” This article claims, however, that Derrida’s theory presupposes that law, as a discipline, encloses a territorial-like space in legal consciousness. Each discipline possesses such a space. So too does the state and the university. Inside this bounded space, officials of the Law are free to consciously deliberate, reflect, and render decisions about the context of the Law. Analytically and phenomenologically before the boundary is taken for granted in an academic discipline, however, there is an unbounded non-law. The aporia of Derrida’s theory of the boundary of the Law is that the official or expert knower of the official language inside the boundary cannot assume the imagined boundary of legal knowledge without implicitly claiming to know the exteriority to the boundary. And yet, officials and expert knowers cannot know such an exterior extra-legality because, by virtue of the boundary as encircling a territorial-like space, knowledge is considered legal only when it exists inside the boundary. “The Law” is the consequence of the imagination of the expert knowers of the language as well as of the non-expert who believes in the bounded territorial-like space. (shrink)

Kafka’s The Trial describes how K slowly loses his familiar language. He does speak a language but his language becomes monologic towards others and the language of others becomes monologic towards K. There seems to be no other person who, in a private and professional life, can respond to K’s words and gestures in a manner which K can understand. The others embody their own meanings into K’s words. Such meanings only possess value within the discourses of self-styled legal experts (...) and officials who act in K’s name. The officials and experts assume that their own meanings are authoritative. K fails to gain access to their meanings. The question posed by Husserl’s phenomenology of language is ‘why?’ Conklin argues that K’s experiences seem not unlike Lyotard’s sense of a different or ‘untranslatable gap’. K remains on the fringe or outside what the experts take as an authoritative language. As a consequence, K’s experiential body slowly dies. This death paradoxically occurs at the same moments that the experts believe that they are addressing ‘K’s case’. Conklin explains the paradox by retrieving Husserl’s sense of a meaning-conferring act and the failure of K’s meaning-conferring acts from being fulfilled in the language of the legal experts. (shrink)

We discuss how analysis of contemporary artworks has shaped philosophical theories about the concept of art, the ontology of art, and artistic media. The rapid expansion, during the contemporary period, of the kinds of things that can count as artworks has prompted a shift toward procedural definitions, which focus on how artworks are selected, and away from definitions that focus exclusively on artworks’ features or effects. Some contemporary artworks challenge the traditional art–ontological dichotomy between physical particulars and repeatable entities whose (...) occurrences are physical particulars. And nontraditional techniques and materials employed in contemporary art violate the boundaries of conventional media, prompting a rethinking of what artistic medium might be. (shrink)

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a (...) view with the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority. (shrink)

Derogatory terms (racist, sexist, ethnic, and homophobic epithets) are bully words with ontological force: they serve to establish and maintain a corrupt social system fuelled by distinctions designed to justify relations of dominance and subordination. No wonder they have occasioned public outcry and legal response. The inferential role analysis developed here helps move us away from thinking of the harms as being located in connotation (representing mere speaker bias) or denotation (holding that the terms fail to refer due to inaccurate (...) descriptive content). The issue is not bad attitudes or referential misfires. An inferential role semantic analysis of derogatory terms shows exactly what is at stake between those who argue that the terms should be eliminated (Absolutists) and those who claim they can be successfully rehabilitated (Reclaimers). The Reclaimer maintains, and the Absolutist denies, that certain contexts can detach the derogatory force from deeply derogatory terms. The article looks at these claims with respect to ‘nigger’ and ‘dyke,’ setting out the inferential role of each term and examining detachability potential. Explaining detachability in terms of linguistic commitments, this article also addresses the issue of whether such terms count as political discourse, and examines the implications of that issue. (shrink)

Hegel experienced several personal, political, and professional crises during his life. These crises impacted his dense theory about the importance of rational self-reflection in the organic character and evolution of law. The article argues that Hegel’s Preface to the Philosophy of Right manifests how one philosopher came to terms with the personal, social and political crises in which he found himself. In particular, the article outlines the central themes of the Preface and then explicates the important notion of Bildung in (...) Hegel’s theory – an Enlightenment notion that Hegel absorbed from his own formal education. After retrieving Hegel’s reading of the virtues and flaws in Kant’s theory of law, the article then explicates Hegel’s understanding of freedom. The article then reviews the local politics in which Hegel found himself before, during and after Napoleon’s defeat. The article then turns to his professional rivalries with Jacob Fries and Friedrich Savigny. The article argues that the personal animosities shaped parts of his Preface. These complex influences and concerns explain why Hegel waited 20 years to publish his theory of law. Hegel’s Preface comes to terms with the crises of his own times. (shrink)

Several years ago, the poet & critic Joan Houlihan offered a scathing and hilarious indictment of a lot of postmodern poetry for using words in a way that treats them as meaningless (or, perhaps, renders them meaningless). She suggested that word choice in such poems doesn’t really matter, and that the poet could just as well have substituted in other words without any change in meaning or aesthetic qualities. I argue that she’s wrong about this. I offer an account of (...) how interpretation and meaning function in poems that use words in highly non-standard ways. In such poems, there are associations and implicatures that one can reasonably expect a suitably backgrounded reader to grasp, rescuing interpretation from being a purely subjective and arbitrary activity. (shrink)

This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...) a concept. A culture, in contrast, is constituted from an experiential knowledge in an unwritten language. -/- I raise two contexts where a collective right cannot be identified without a consideration the analytically prior culture of the social group protected by a collective right: peremptory norms in international law and affirmative discrimination clauses in constitutional law. I then highlight a crucially important factor generating the unwritten language of a culture: namely, the collective memories of a group. Although a personal memory is experienced in a context-specific event, a member of a group absorbs its collective memory. The collective memory of the group exists before one is a member. Such a memory may defer to some event centuries earlier. The event may possess a mythic or even false character which cannot be verified except as a myth or historical falsity. One cannot be accepted as a member of a group without the group’s collective memory. Shared assumptions and expectations characterise a collective memory generating a culture. Such assumptions and expectations constitute meant objects. Meant objects are not posted by some source 2 external to the individual members. Meant objects are experienced. A jurist cannot analyze the signified collective rights without examining the social culture said to be represented by the boundary of the collective rights. One may be able to rationally justify a collective right in terms of its source, such as a basic constitutional text, the regularity of behaviour of lawyers and judges or some ultimate concept such as dignity. Such a rational justification, however, does not address why an individual is obligated to defer to the collective rights of an in-group in a state. One has to examine the social-cultural assumptions and expectations presupposed in the content of such collective rights in order to understand why the rights are obligatory. Such an examination dissolves the traditional boundary of legal knowledge which has excluded cultural phenomena generating the collective rights. (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...) form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...) naturalism, and subjectively posited values. Each of these interpretations has a shared common denominator: namely, the distinction between ‘is’ and ‘ought’, ‘facts’ and ‘values’. Legality is said to be nested in an ‘is’ world. An ‘is’ cannot be derived from an ‘ought’. This essay aims to press this distinction further. Fuller, I intend to argue, does indeed accept the is/ought distinction as have his commentators. The associations of the ‘oughts’ with deontological duties, the Good life, naturalism and subjective values, however, have been misdirected. This has been so because Fuller presupposed that legality was a matter of a spatial structure. Non-law was situated outside the structure. If a legislator or judge considered matters outside the structure as if they were binding upon jurists and, for that matter, upon members of the legal structure, the law was not binding. The crucial incident of the structure was the boundary of the structure. Fuller’s structuralist theory of law offers the opportunity to better understand what he signified by ‘the internal morality of law’. I shall privilege several elements of his theory: the relation of legal units to a structure, the nature of a structure, the constituents of a structure (territorial space, its pillars and its matter); the forms of the legal structure; the centrifugal and centripetal structures, the structure and traditional theories of morality, the role of the legal official in a structure, and why the internal knowledge in the structure is binding. Fuller especially privileged two features of a legal structure. The one was the boundary of the structure. The second concerned the exteriority of the boundary. Both features presupposed a territorial sense view of legal knowledge. The legal mind analysed any social problem through the map of such a sense of legal space. By concentrating upon the discrete rule in isolation of the implied structural boundary to which the rule referred, commentators have attributed been misdirected in their analyses of Fuller’s theory of law and morality. My argument in this respect will proceed as follows. In order to clarify Fuller’s senses of the morality of law, I shall first outline what he means by a ‘structure’. Second, how is the structure related to legal knowledge? Third, what are the various forms of the structure? Fourth, is the structure centrifugal or centripetal? And finally, why is the structure binding? (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has been the (...) state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)

In the museum context, curators and conservators often play a role in shaping the nature of contemporary artworks. Before, during and after the acquisition of an art object, curators and conservators engage in dialogue with the artist about how the object should be exhibited and conserved. As a part of this dialogue, the artist may express specifications for the display and conservation of the object, thereby fixing characteristics of the artwork that were previously left open. This process can make a (...) significant difference to the visual appearance of the work, the nature of the audience's experience, and how the work should be interpreted. I present several case studies in which the nature of the artwork has been shaped by such dialogues, and discuss principles for resolving cases in which there is a conflict between instructions specified by the artist and those adopted by the museum. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved signifieds (...) (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law teachers design (...) teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially examines his (...) theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)