Seeing Wittgenstein Anew is the first collection to examine Ludwig Wittgenstein’s remarks on the concept of aspect-seeing. These essays show that aspect-seeing was not simply one more topic of investigation in Wittgenstein’s later writings, but, rather, that it was a pervasive and guiding concept in his efforts to turn philosophy’s attention to the actual conditions of our common life in language. Arranged in sections that highlight the pertinence of the aspect-seeing remarks to aesthetic and moral perception, self-knowledge, mind and consciousness, (...) linguistic agreement, philosophical therapy, and “seeing connections,” the sixteen essays, which were specially commissioned for this volume, demonstrate the unity of not only Philosophical Investigations but also Wittgenstein’s later thought as a whole. They open up novel paths across familiar fields of thought: the objectivity of interpretation, the fixity of the past, the acquisition of language, and the nature of human consciousness. Significantly, they exemplify how continuing consideration of the interrelated phenomena and concepts surrounding aspect-seeing might produce a fruitful way of doing philosophy. The volume includes a concordance for the unnumbered remarks in the various editions of Philosophical Investigations, including the latest (4th) edition. (The front matter is posted here. The introduction - "Seeing Aspects in Wittgenstein" - appears below under "Published articles."). (shrink)

This is the introduction to Seeing Wittgenstein Anew, eds. William Day & Victor J. Krebs (Cambridge UP, 2010), a collection of essays on Ludwig Wittgenstein's remarks on aspect-seeing. Section 1: Why Seeing Aspects Now?; Section 2: The Importance of Seeing Aspects; Section 3: The Essays. (The front matter to Seeing Wittgenstein Anew appears above under "Books.").

This essay presents an approach to understanding improvised music, finding in the work of certain outstanding jazz musicians an emblem of Ralph Waldo Emerson's notion of self-trust and of Stanley Cavell's notion of moral perfectionism. The essay critiques standard efforts to interpret improvised solos as though they were composed, contrasting that approach to one that treats the procedures of improvisation as derived from our everyday actions. It notes several levels of correspondence between our interest in jazz improvisations and the particular (...) demands of Emerson's writing, and ends by considering how exemplary moments of instruction in jazz are expressive of Emersonian self-trust. (shrink)

Stanley Cavell isn't the first to arrive at philosophy through a life with music. Nor is he the first whose philosophical practice bears the marks of that life. Much of Cavell's life with music is confirmed for the world in his philosophical autobiography Little Did I Know. A central moment in that book is Cavell's describing the realization that he was to leave his musical career behind – for what exactly, he did not yet know. He connects the memory-shock of (...) this leaving with "the work of mourning." How does such a life out of music inform Cavell's philosophical sensibility? The thought I follow in this essay is that Cavell's distinctive orientation in philosophy – call this his lifelong coming to terms with his abandoning a life in music – is guided in part by an interest in those moments in experience where words seem to run out, or veer toward nonsense, leaving in their wake touchstones of ecstasy. I explore this idea by summarizing my exchange with Stanley Cavell years ago when I asked him whether certain passages from his essay "Music Discomposed" are depictions of the unsayable. Cavell's response is elaborated, or qualified, by considering a pair of moments in Little Did I Know where words appear to run out. I conclude by discussing culminating thoughts on the burden borne by words and their failure that appear in Cavell's late essay on music, "Impressions of Revolution.". (shrink)

"Lest one think that the focus on aspect-seeing in Wittgenstein is only a means to more contemporary philosophical ends, one ought to read Day’s remarkable 'Wanting to Say Something: Aspect-Blindness and Language'. Day considers the issue of aspect-blindness, arguing that universal aspect-blindness is impossible for beings with language. Specifically, he shows that a child’s first attempt at language, at trying “bloh” for “ball,” is neither an indication that the child sees the ball for the first time, nor an indication that (...) the child is giving a first label for an object seen all along. Rather, he shows that this attempt is an indication of the dawning of an aspect. The dawning of aspects, so common during the phase of language acquisition, becomes supplanted by language itself. Universal aspect-blindness is not humanly possible, then. Day argues that the acquisition of language results in a loss of desire for aspects (which it is possible to regain through art). Localized aspect-blindness is familiar because as language-users, we have lost our desire for aspects. Day then turns to questions about the deep purpose behind Wittgenstein’s style. Why are those doubting voices prominent? Why does Wittgenstein demand so often that the reader answer his questions? Day shows that these elements of Wittgenstein’s style arise from a motivation to regain his own desire for aspects, and he wants to re-awaken our own desire for aspects. Day motivates us to consider aspect-seeing in order to see Wittgenstein himself anew." --Chris Weigel, Book Review of Seeing Wittgenstein Anew, Journal of the History of Philosophy 49:2 (April 2011): 263. (shrink)

In this essay I argue the extent to which meaning and judgment in aesthetics figures in Wittgenstein’s later conception of language, particularly in his conception of how philosophy might go about explaining the ordinary functioning of language. Following a review of some biographical and textual matters concerning Wittgenstein’s life with music, I outline the connection among (1) Wittgenstein’s discussions of philosophical clarity or perspicuity, (2) our attempts to give clarity to our aesthetic experiences by wording them, and (3) the clarifying (...) experience of the dawning of an aspect, which Wittgenstein pictures as the perception of an internal relation. By examining Wittgenstein’s use of “internal relation” from the Tractatus to his later writings, I come to challenge the still prevalent understanding of Wittgenstein’s appeals to grammar as an appeal to something given (e.g., to a set of grammatical rules). Instead, as I argue, Wittgensteinian appeals to grammatical criteria should be understood as modeled by the form of justification found in our conversations about art. (shrink)

In *Here and There*, Stanley Cavell suggests that music, like speech, implicates the listener, so that our descriptions of music "are to be thought of not as discoveries but as impressions and assignments of meaning." Such impressions express what "makes an impression upon us," "what truly matters to us." Moreover, this aspect of music "is itself more revolutionary than ... any political event of which it could be said to form a part." I offer one indication of that significance by (...) considering a recent challenge to an old claim about the relation between jazz and democracy. Stanley Crouch claims that jazz practice is an emblem of democracy, while Benjamin Givan observes the undemocratic, hierarchical way that jazz musicians work together. But both positions rest on a limited notion of "democracy." I contrast it to the tradition in political thought that requires each citizen to find their own voice if they're to acquire the ability to govern themselves. Consequently, a better emblem of jazz's democratic advance lies in the challenge it presents to the attentive listener. Jazz listening is increasingly characterized by a learned culture of hearing what isn't played, hearing allusions, hearing unspoken interplay. The nature of this "hearing between the lines" parallels the tradition of esoteric writing in the history of political thought. It suggests that jazz's democratic importance is found in the listener's willingness to give voice to what she hears, not knowing whether her experience is shared by others or whether it singles her out, possibly for skepticism or ridicule. (shrink)

The present article is a slightly revised version of my article in Journal of Chinese Philosophy 39, no. 2 (2012): 174–91. I appreciate the opportunity to republish with very minor corrections. This article highlights sympathies between Wang Yangming’s notion of zhenzhi (real knowing) and Stanley Cavell’s concept of acknowledgment. I begin by noting a problem in interpreting Wang on the unity of knowing and acting, which leads to considering how our suffering pain figures in our “real knowing” of another’s pain. (...) I then turn to Cavell’s description of a related problem in modern skepticism, where Cavell argues that knowing another’s pain requires acknowledging it. Cavell’s concept of acknowledgment answers to Wang’s insistence that knowing and acting are one, and corrects Antonio Cua’s very different appropriation of “acknowledgment” to explain Wang’s doctrine. (shrink)

This article highlights sympathies between Wang Yangming's notion of zhenzhi (real knowing) and Stanley Cavell's concept of acknowledgment. I begin by noting a problem in interpreting Wang on the unity of knowing and acting, which leads to considering how our suffering pain figures in our “real knowing” of another's pain. I then turn to Cavell's description of a related problem in modern skepticism, where Cavell argues that knowing another's pain requires acknowledging it. Cavell's concept of acknowledgment answers to Wang's insistence (...) that knowing and acting are one, and corrects Antonio Cua's very different appropriation of “acknowledgment” to explain Wang's doctrine. (shrink)

"William Day is . . . concerned to explore the dynamics of what Cavell calls 'a theology of reading' through a careful examination of a fragment of the philosopher's autobiography first published as 'Excerpts from Memory' (2006) and subsequently revised for Little Did I Know (2010). If, as Cavell suggests, 'the underlying subject' of both criticism and philosophy is 'the subject of examples', in which our interest lies in their emblematic aptness or richness as exemplars, exemplarity becomes central to (...) the aim of our reading. . . . Day considers how autobiography as a genre is preoccupied with the question of the author's exemplarity (Augustine or Rousseau), and in Cavell's retelling in 'Excerpts from Memory' he discusses how an event that Cavell would have us read allegorically - his move at the age of seven to a new apartment, his coming upon a familiar bowl containing nonpareils, his remark upon this to his father and his father's violent reaction - recasts a scene of paternal hatred as the child's offer of communion. Day suggests that this retelling proves to be redemptive: first, of the incident itself, and second, of the reader's own experience. Seeing how to read this autobiographical life as exemplary helps us to transfigure our own moments of deprivation into so many possibilities for freedom." --James Loxley and Andrew Taylor, introductory chapter to Stanley Cavell: Philosophy, Literature and Criticism, 15-16. (shrink)

Wittgenstein's lack of sympathy for Shakespeare's works has been well noted by George Steiner and Harold Bloom among others. Wittgenstein writes in 1950, for instance: "It seems to me as though his pieces are, as it were, enormous sketches, not paintings; as though they were dashed off by someone who could permit himself anything, so to speak. And I understand how someone may admire this & call it supreme art, but I don't like it." Of course, the animosity of one (...) great mind for another has its own interest. But the interest here is increased by two factors: (1) Wittgenstein's brief but specific critique of Shakespeare's similes, of interest particularly since he identifies his own philosophical strength half-deprecatingly but still seriously as one of crafting beautiful similes; and (2) Wittgenstein's and Shakespeare's shared concern, as revealed in Stanley Cavell's writings, with the human impulse to skepticism. The present paper considers the importance of these two factors in weighing Wittgenstein's judgment. It suggests that Wittgenstein's frequent charge that Shakespeare is "completely unrealistic" is not a misunderstanding of the Bard (Wittgenstein distinguishes his "failure to understand" from others' willingness to misunderstand Shakespeare) but rather an expression of Wittgenstein's anxiety over Shakespeare's wholly original use of language to represent the sound of the raw motives to skepticism. (shrink)

"In 'I Don't Know, Just Wait: Remembering Remarriage in Eternal Sunshine of the Spotless Mind', William Day shows how Kaufman's Eternal Sunshine of the Spotless Mind should be considered part of the film genre known as remarriage comedy; but he also shows how Kaufman contributes something new to the genre. Day addresses, in particular, how the conversation that is the condition for reunion involves discovering 'what it means to have memories together as a way of learning how to be (...) together'. One of the most innovative aspects of Kaufman's filmic representation of such a conversation is its effect on the audience: how the narrative structure 'replicates for the viewer the felt contingency of memory that we attribute' to the characters we see onscreen - a couple contending with the interrelated experiences of remarriage and remembering." --David LaRocca, Introduction to The Philosophy of Charlie Kaufman, 12. (shrink)

Wittgenstein's Philosophical Investigations is organized in short paragraphs or "remarks." Most of these are numbered consecutively, but some are not – including his remarks on "aspect-seeing" that are the focus of Seeing Wittgenstein Anew. This appendix to that volume is an indexed catalog of the unnumbered remarks, cross-referenced to four different editions, including the latest (4th) edition. -/- Note: There is a missing remark that should be inserted on p. 363 of the concordance, after the "A sensation can" line, thus: (...) What is the 185e 158e PPF §60. (shrink)

A reading of the film Moonstruck (1987) is presented in two movements. The first aligns Moonstruck with certain Hollywood film comedies of the 1930s and 40s, those Stanley Cavell calls comedies of remarriage. The second turns to some aspects of Emerson's writing – in particular his interest in our relation to human greatness, and his coinciding interest in our relation to the words of a text – and shows how Moonstruck inherits these Emersonian, essentially philosophical interests.

A reading of the film Moonstruck (1987) is presented in two movements. The first aligns Moonstruck with certain Hollywood film comedies of the 1930s and 40s, those Stanley Cavell calls comedies of remarriage. The second turns to some aspects of Emerson's writing – in particular his interest in our relation to human greatness, and his coinciding interest in our relation to the words of a text – and shows how Moonstruck inherits these Emersonian, essentially philosophical interests.

Documentary film is that genre of filmmaking that lays bare the fact of all film, which is that it presents "a world past" (Cavell, The World Viewed). This fact of film seems to point to a paradox of time in our experience of movies: we are present at something that has happened, something that is over. But what if we were to take this fact to show that film has the power to place us outside our ordinary, unreflective relation to (...) time? In this essay I examine three pre-cinematic descriptions of relations to time – in Emerson, Thoreau, and Weil – that anticipate the paradox of time inherent in film. I then put that examination to use in a reading of Werner Herzog's Cave of Forgotten Dreams, a film ostensibly about prehistoric cave paintings but whose achievement is its declaration, not to document some past time, but to liberate the present moment. (shrink)

What is one doing when one improvises music, as one does in jazz? There are two sorts of account prominent in jazz literature. The traditional answer is that one is organizing sound materials in the only way they can be organized if they are to be musical. This implies that jazz solos are to be interpreted with the procedures of written music in mind. A second, more controversial answer is offered in David Sudnow's pioneering account of the phenomenology of improvisation, (...) Ways of the Hand. Sudnow claims that learning to improvise at the piano is concerned centrally with copying the bodily ways of one's mentors and finding how one's instructable hands and the keyboard come to answer to one another, so that "to define jazz ... is to describe the body's ways." But despite its greater sensitivity over the traditional account, Sudnow's account is flawed both as a description of how improvisatory skill is acquired and as a model for describing the interest of jazz. My critique of Sudnow compares his account to Augustine's account of learning language, and finds that Wittgenstein's criticisms of Augustine extend to Sudnow. I offer a third approach to understanding improvised music, one which treats the procedures of improvisation as derived from, and importantly at play in, our everyday actions. (shrink)

This essay attempts to address the question, "What makes an improvised jazz solo a maturation of the possibilities of this artform?" It begins by considering the significance of one distinguishable feature of an improvised jazz solo - how it ends - in light of Joseph Kerman's seemingly parallel consideration of the historical development of how classical concertos end. After showing the limits of this comparison, the essay proposes a counter-parallel, between the jazz improviser's attitude toward the solo's end and Ludwig (...) Wittgenstein's attitude toward our (or philosophy's) arriving at the end of justifications. The parallel depends on one's granting that both the improviser and Wittgenstein are, in their distinct ways, doing battle against the recurring human fantasy of the fixity of experience. (shrink)

Despite their differences, Ludwig Wittgenstein, Ralph Waldo Emerson, and Leo Strauss share two key philosophical commitments. They recognize that philosophy cannot establish or discover a conceptual structure to which one might appeal to justify what one says. And they agree that the task of philosophical writing is to convey a way of thinking set apart from that which seeks to establish or discover conceptual structures. Yet each knows that his writing, in the absence of a universal ground of appeal, will (...) mostly fail to convey that way of thinking, and so will be, to that extent, esoteric. What differentiates them is their rendering of philosophy's inherent esotericism. -/- Wittgenstein's late interest in aspect-seeing and aspect-blindness grows out of his well-documented despair that his writing would fall before uncomprehending eyes. The correlation here rests on noticing, contra Stephen Mulhall, that Wittgenstein's aspect-seeing remarks are inspired by aesthetic matters, not least by the 'subjective universality' of aesthetic judgments. Indeed, Wittgenstein's appeals to grammatical criteria are rightly understood, not as appeals to rules in a game, but as cousin to the form of justification in aesthetics. But then, as in aesthetic justification, there may be no reason for a speaker's inability to convey to another the connections he or she may see. Emerson, whose approach to writing comes into view alongside parallel strategies in jazz and film, begins with the fact that he can write the way he does---relying on the transformative possibilities of words whose multiple meanings he acquired the way anyone does---and concludes that no one is precluded from finding in his writing a model for transforming thinking. Strauss begins with the fact that esoteric writing works the way it does---conveying the writer's true thoughts to some while withholding them from the majority---and concludes that such writing reveals a natural order of rank among readers. Yet nothing in the nature of writing philosophy as Strauss understands it compels one, in the end, to accept Strauss's conclusion. (shrink)

Only our lineage has ever used trackways reading to find unseen and unheard targets. All other terrestrial animals, including our great ape cousins, use scent trails and airborne odors. Because trackways as natural signs have very different properties, they possess an information-rich narrative structure. There is good evidence we began to exploit conspecific trackways in our deep past, at first purely associatively, for safety and orienteering when foraging in vast featureless wetlands. Since our own old trackways were recognizable they were (...) self-mirroring, triggering memories of what we had been up to in the past. Using them to find our way back to the band when temporarily lost or to re-find a resource-rich area discovered the day before enabled optimal foraging. Selection for daily reiteration of one’s own old trackways therefore triggered the evolution of what is distinctive about human cognition: the autobiographical or narrative (episodic) faculty for imaginative self-projection. This faculty enabled us to glean useful social information from the stories “told” by other band members’ old trackways, and created spin-off capacities for fast-track social learning. Resultant increases in socioecological complexity then created positive selective feedback loops for further entrenchment. Incrementally we became the ultra-social narrative-minded ape, capable of creating cumulative culture. (shrink)

The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to (...) dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms. (shrink)

A model is proposed for interpreting the course of Western Science’s conception of mathematics from the time of the ancient Greeks to the present day. According to this model, philosophy of science, in general, has traced a horseshoe-shaped curve through time. The ‘horseshoe’ emerges with Pythagoras and other Greek scientists and has curved ‘back’—but not quite back—towards modern trends in philosophy of science, as for example espoused by Bas van Fraassen. Two features of a horseshoe are pertinent to this metaphor: (...) (1) The horseshoe’s semicircular shape models the emergence of science from monism towards dualism, and its modern return towards unity. (2) The logical ‘horseshoe’ operator (“if…then”) makes possible the logical rule ‘modus ponens’--so central to Western science’s deductive approach (which is reaching its limits). Descartes fits approximately at the turning point of the curve. ‘Where might the curve go next?’ is posed to the reader. (shrink)

In one of the most unusual decisions in the history of legal publishing, Foundation Press is printing the 1958 "tentative edition" of Henry M. Hart, Jr. and Albert M. Sacks's teaching materials on The Legal Process: Basic Problems in the Making and Application of Law. Although The Legal Process remains unfinished to this day, it provided the agenda, much of the analytic structure, and even the name of the "legal process school" of the 1950s and the 1960s. One need not (...) embrace the proposition that The Legal Process is "the most influential book not produced in movable type since Gutenberg" to agree that these are unusually important teaching materials whose influence extends well beyond the students who studied them in a law school course. (shrink)

*This is a project I hope to come back to one day. It stalled, a bit, on the absence of a positive theory of update I could be satisfied with* When should we believe a indicative conditional, and how much confidence in it should we have? Here’s one proposal: one supposes actual the antecedent; and sees under that supposition what credence attaches to the consequent. Thus we suppose that Oswald did not shot Kennedy; and note that under this assumption, Kennedy (...) was assassinated by someone other than Oswald. Thus we are highly confident in the indicative: if Oswald did not kill Kennedy, someone else did. (shrink)

There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...) the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

The popular belief that our mind either depends on or (in stronger terms) is identical with brain functions and processes, along with the belief that advances in technology in virtual reality and computability will continue, has contributed to the contention that one-day (perhaps this century) it may be possible to transfer one’s mind (or a simulated copy) into another body (physical or virtual). This is called mind-uploading or whole brain emulation. This paper serves as an introduction to the area and (...) some of the major issues that arise from the notion of mind-uploading. The topic of mind/brain uploading is, at present, both a philosophical and scientific minefield. This paper ties together several thoughts on the topic in the popular, philosophical, and scientific literature, and brings up some related issues that might be worth exploring. A challenge is made that uploading a mind from a brain may have intrinsic limitations on what can be uploaded: whatever is uploaded may not be recognizably human, or will be a very limited version. (shrink)

It is fair to say that in contemporary society there is a growing demand amongst consumers for instant gratification and for products and services that can be accessed 24-hours a day. This appears to be the case across numerous sectors of society including (but not limited to) business, education, retail, tourism, health, and recreation. Some examples that come to mind are the: (i) investor looking for a quick-win return on their outlay, (ii) patient demanding a same-day diagnosis and medicine for (...) their latest ailment, (iii) fast-food restaurant goer, (iv) all-inclusive package holiday-maker that can have food, drink, and entertainment any time of day and without having to leave the confines of their hotel, (v) student or professional undertaking an accelerated program of studies or training in order to be awarded the qualification/certificate in the shortest time possible, and (vi) individual using an online dating agency in order to be instantly matched with the “perfect partner”. In addition to the sectors and examples mentioned above, this trend towards wanting immediate reward also appears to be occurring in the spirituality and religion marketplace. For example, one only has to conduct a search on the internet or look at the spiritualty section of a bookshop and it is easy to be overwhelmed by the number of individuals purporting to be spiritual teachers and promising a quick-fix for alleviating suffering. In this post, we examine the benefits and risks of the ‘I want it all, I want it now’ mentality as they relate to the spiritual (and high-street) consumer, and discuss whether it is possible to embody the essence of the Buddha’s teachings whilst living in a “fast-food” society. (shrink)

This paper attempts to demonstrate that the logical problematic of signification, has a very dangerous socio-political effect due to the ontological implication that is connected to the signification of terms in logic. It expounds the notion of signification in Formal Logic as exposed by William of Ockham. It thus, employs this notion of signification of terms, to discuss the term “Fulani”, to show the danger potent in distorting the signification of the term “Fulani” as in every conventional and connotative (...) terms. This work claims that as a result of the connection between logic and ontology, conceptualization and perception, names and reality, the distortion of terms, which are the building blocks of propositions in logic could lead to a dangerous cognition and perception of ontological realities. To this end, it posits a critique on the dangerous change in the signification of the term “Fulani”, in the conceptualization and perception of present day Nigeria people, of West Africa. A dangerous change, as this paper claims, if not speedily reconstructed and re-conceptualized, could lead to a disastrous situation in the socio-political reality of the Nigerian State. (shrink)

Bernard Williams thought that philosophy should address real human concerns felt beyond academic philosophy. But what wider concerns are addressed by Ethics and the Limits of Philosophy, a book he introduces as being ‘principally about how things are in moral philosophy’? In this article, we argue that Williams responded to the concerns of his day indirectly, refraining from explicitly claiming wider cultural relevance, but hinting at it in the pair of epigraphs that opens the main text. This was Williams’s solution (...) to what he perceived as the stylistic problem of how to pursue philosophy as cultural critique. Taking the epigraphs as interpretative keys to the wider resonances of the book, we show how they reveal Williams’s philosophical concerns – with the primacy of character over method, the obligation to follow orders, and the possibility of combining truth, truthfulness, and a meaningful life in a disillusioned world – to be recognisably rooted in the cultural concerns of post-war Britain. In the light of its epigraphs, the book emerges as the critique of a philosophical tradition’s inadequacies to the special difficulties of its cultural moment. (shrink)

This paper is about the work of a long forgotten philosopher and his views which have surprising relevance to discussions in present-day philosophy of mind and cognitive science. I argue that, far from being a traditional idealist, Mitchell advanced a very subtle position best seen as marking a transition from idealist views and later materialist accounts, the latter popularly attributed to Australian philosophers in the second half of the 20th century.

Practical reasoning is a domain of concerns that deal with our most intimate views on what should be done, every day, in facing the world. Unlike theoretical reasoning which forms only beliefs, practical reasoning forms intensions and sets ground for actions. It deals mostly with the notion of reason, broadly understood as a term that acquires both rationality and motivation for our actions. Bernard Williams in “Internal and external reasons” introduced a strong and influential distinction, the distinction between internal and (...) external reasons. Williams explicitly argues in favour of internalism, excluding the existence of external reasons and placing the burden of proof on the externalists. In this paper I will reconsider his views drawing on John Skorupski’s insights on Williams in “Internal Reasons and the Scope of Blame” and Skorupski’s cognitive internalism. I will criticise both of their internalistic accounts and argue for an Aristotelian framing of their main arguments which I believe is a fairer deal in their contribution to the practical reasoning issues. (shrink)

Supervaluationism is often described as the most popular semantic treatment of indeterminacy. There’s little consensus, however, about how to fill out the bare-bones idea to include a characterization of logical consequence. The paper explores one methodology for choosing between the logics: pick a logic thatnorms beliefas classical consequence is standardly thought to do. The main focus of the paper considers a variant of standard supervaluational, on which we can characterizedegrees of determinacy. It applies the methodology above to focus ondegree logic. (...) This is developed first in a basic, single-premise case; and then extended to the multipremise case, and to allowdegreesof consequence. The metatheoretic properties of degree logic are set out. On the positive side, the logic is supraclassical—all classical valid sequents are degree logic valid. Strikingly, metarules such as cut and conjunction introduction fail. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Editor’s NoteThe Memorial of Prof. William J. WainwrightThe member of Editorial Board of Journal of Philosophical Theological ResearchWilliam “Bill” Judson Wainwright (1935-2020), a distinguished professor emeritus of philosophy at the University of Wisconsin-Milwaukee, was the member of the Editorial Board of the Journal of Philosophical Theological Research (JPTR).Wainwright is the author of several books in various fields of philosophy, especially the philosophy of religion, and numerous articles and chapters. Monotheism and Hope In God (2020), Reason, Revelation, and Devotion: Inference (...) and Argument in Religion (2015), Religion and Morality (2005), and Heart and Reason (1995) are among his published books.His last published article is “God, Love and Inter-religious Dialogue”1, which was published by the Journal of Philosophical Theological Research in the autumn of 2020. Wainwright gave final approval to his paper but unfortunately could not see its publication. He passed away on November 5, 2020, a few days before we published his article. May he be in peace and God’s grace. I never met him but I understood from my contacts with him that “He was a very kind, respected, noble, and patient philosopher.”We decided to dedicate a special issue titled “Theology, Philosophy, and Ethics”: In Memory of William J. Wainwright to him. I would like to express my gratitude to all the philosophers who accepted my invitation and generously and kindly helped us in publishing this special issue by writing their valuable articles. We hope that Wainwright would be pleased with the publication of this issue.I will end my words with this wish, which was Wainwright’s wish too, that: I wish that the followers of monotheistic religions can establish peace and tranquility in the world through inter-religious dialogue, mutual understanding, and extending their love for God to each other.1. Wainwright, W.J. (2020), God, Love, and Interreligious Dialogue, Journal of Philosophical Theological Research, 22(85), 5-13. (shrink)

According to a number of contemporary theorists, aesthetic reasons can invite or entice us but never compel us. In this paper, I develop a Kantian account of the normative force of aesthetic reasons. While Kant would likely agree that aesthetic reasons do not give rise to obligations, his account nevertheless gives us the resources for explaining how aesthetic reasons can still have more force than merely enticing reasons. This account appeals to the distinct normativity of aesthetic judgments on Kant's theory (...) and the way in which this kind of normativity structures aesthetic exchanges with other judging subjects. I argue that, in addition to the moral reasons we have for appreciating and preserving beauty, Kant’s account can accommodate distinctly aesthetic reasons for doing so that stem from our membership in aesthetic communities. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, in (...) effect, changed a right into an entitlement. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)