This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because denying (...) it is absurd; the second is that modest skeptics ought to agree with it on the basis of some relatively anodyne and plausible epistemic considerations. (shrink)

What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...) the two sections is that low-salience law is neither secret law nor necessarily problematic, though it closely resembles a kind of law that is both secret and problematic: namely, those legal obscurities that subvert manifest interests related to the informational needs of citizens. The ensuing argument undermines the fiction of constructive presence found in Austin and Blackstone. (shrink)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and argue (...) that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

There at least three ways of thinking about rationality: instrumental, substantive, and intentional. By far, the instrumental account is most influential. This essay proposes that intentional rationality can provide substantive accounts with room to breathe, and in a way that is facially distinct from instrumental accounts. I suggest that the intentionality of a judgment is made up of what it is about and the orientation through which it is judged, while irrationality is the subversion of a strict supporting connection between (...) the judgment and its corresponding set of coordinated attitudes (reasons). It follows that irrational intentionality is made up of episodic states where a judgment is subverted because of a misalignment between what it is about and the way the judge is oriented towards its contents. Four examples of irrational intentionality are considered: passivity towards ends, constitutive ignorance towards facts, delirious paranoia towards objects, and a disjunctive orientation towards categorizations. (shrink)

In this paper, I outline a theory of social kinds. A general theory of social kinds has to set out at least three conditions: existence conditions, persistence conditions, and identity conditions. For the sake of expediency, I focus on the existence and persistence conditions. The paper is organized just as life: first with existence, then persistence. I argue that anti-realism is more attractive than realism as an account of the existence conditions, despite the fact that realism has been under-appreciated. Then (...) I argue for a particular theory of the persistence conditions, which I call the basic overlapping traits theory (BOTT), based on an analogy to an approach to personal identity. The upshot of the argument is that from an anti-realist metaphysics we have the capacity to discuss a wider diversity of social phenomena. (shrink)

In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.

The very idea of promulgation has been given little to no treatment in the philosophy of law. In this exploratory essay, I introduce three possible theories of promulgation: the ‘no-theory theory’ (which treats promulgation as a matter of particular contexts), the ‘conveyance theory’ (which treats promulgation as a function of intellectual good faith interpreters), and ‘agonistic theory’ (which treats promulgation as indistinguishable from propaganda). I suggest that (at least) three kinds of models are consistent with the theories, and can potentially (...) help us understand when law is successfully promulgated in particular legal contexts: the spread model, the chain model, and the memetic model. I end the paper by comparing the two theories with respect to a case study. Throughout I will show that the conveyance and agonistic theories have a serious advantage over the no-theory theory, in that they allow us to comparatively examine the epistemic weaknesses of diverse theories about the grounding of law on the basis of their contents. (shrink)

Nicole Hassoun’s sufficientarian theory is based on a particular conception of caring, which she calls ‘care, simpliciter’. However, ‘care, simpliciter’ is not described in any detail. This essay tries to offer a critical revision of Hassoun’s concept of care in a way that would put the MGL theory on its strongest footing. To that end, I will contrast her view with a taxonomy of care that supplements the accounts of care provided by Stephen Darwall and Lori Gruen. I then put (...) forward a form of empathy that is best suited to the MGL theory, which fits the description of ‘care, simpliciter’. **Unpublished manuscript: feel free to cite.**. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

Does the recent success of Podemos and Syriza herald a new era of inclusive, egalitarian left populism? Because leaders of both parties are former students of Ernesto Laclau and cite his account of populism as guiding their political practice, this essay considers whether his theory supports hope for a new kind of populism. For Laclau, the essence of populism is an “empty signifier” that provides a means by which anyone can identify with the people as a whole. However, the concept (...) of the empty signifier is not as neutral as he assumes. As I show by analyzing the role of race in his theory, some subjects are constituted in a way that prevents their unmediated identification with the people. Consequently, Laclau’s view should be read as symptomatic of the problems with populist logic if its adherents are to avoid reproducing its exclusions and practice a more inclusive politics. (shrink)

BioPortal is a Web portal that provides access to a library of biomedical ontologies and terminologies developed in OWL, RDF(S), OBO format, Protégé frames, and Rich Release Format. BioPortal functionality, driven by a service-oriented architecture, includes the ability to browse, search and visualize ontologies (Figure 1). The Web interface also facilitates community-based participation in the evaluation and evolution of ontology content.

This paper focuses on how building human potentialities in education can enhance learning competencies in students for the development of the self and the society. Human potential refers to a possibility human beings are capable of achieving. Montessori believes that the traditional system of education directs students to learn through memorization and recitation techniques and does not lay much emphasis on helping students to bring out their maximum potential. What goal can we attribute to education today? Our focus shall be (...) to answer the questions, what are the favorable conditions under which education can help to build human potentialities? Is Montessori’s view essential in enhancing creativity and building the necessary competencies of the learners in our society today? Education is a natural process carried out by the human individual. It is not what the teacher gives and is not acquired by listening to words but by experiences upon the environment. Montessori opts that education should help the learners develop confidence in their emerging abilities and offer them the opportunity to gain independence in daily tasks. The pedagogic significance of this work serves as a guide for the educational system in Africa and Cameroon in particular. It serves as a guide for curriculum developers and policy makers to bring out programs that will enhance the building of individual competencies for eventual development. Thus Montessori’s idea of education to build human potentialities is indispensible to our educational system today. (shrink)

S’agissant des actes de langage participant à la construction de la réalité sociale, les philosophes contemporains se sont restreints aux déclarations. Nous avançons qu’il existe une autre catégorie qui contribue à la fabrique et au maintien des faits sociaux : celle des incantatifs, actes de langage dont le but est l’expression et la génération d’émotions collectives, et qui contribuent ainsi à la création et au maintien des communautés.

Benjamin Libet's celebrated experiments concerning freedom elicited numerous attempts of _philosophical_ repudiation. Ten years ago, however, Judy Trevena and Jeff Miller published a _technical_ objection; they claim to have detected a,,smearing artifact" in Libet's calculations. This rests on a misunderstanding of Libet's methodology. In my reconstruction of Libet's argument, he draws an abductive inference to the best explanation. Now, Trevena's and Miller's objection does indeed lead to alternative explanations of Libet's measurements. These alternatives are _ad hoc_ and extremely improbable. (...) They constitute worse explanations than the explanation offered by Libet. _German_ Benjamin Libets bahnbrechende Experimente zur Willensfreiheit aus den Achtziger Jahren des vorigen Jahrhunderts gehören längst zu den Klassikern der Experimentalkunst. Aus _philosophischer_ Perspektive sind sie oft kritisiert worden; unabhängig davon ist zu Beginn des neuen Jahrtausends ein _technischer_ Einwand gegen Libet prominent geworden, der von Freiheitsfreunden gerne zitiert wird. Er geht auf Judy Trevena und Jeff Miller zurück und besteht in dem Vorwurf, dass Libet mit seiner Berechnung der _gemittelten_ Bereitschaftspotential-Kurven die wahren Verhältnisse verschmiere und dabei aus mathematischen Gründen den Anstiegs-Zeitpunkt des Bereitschaftspotentials künstlich nach vorne verschiebe – das ist der Vorwurf des sog. Verschmierungsartefakts. Ich zeige, dass der Vorwurf nicht sticht. Er beruht auf einem Missverständnis der Schlussmethode Libets. Laut meiner wissenschaftstheoretischen Rekonstruktion zieht Libet weder deduktive noch induktive Schlüsse aus seinen Einzelbeobachtungen; er schließt abduktiv, d.h. er schließt auf die beste Erklärung seiner Einzelbeobachtungen. Wie eine genaue arithmetische Analyse zeigt, bieten die Alternativ-Erklärungen, unter denen sich das Verschmierungsartefakt bewahrheiten würde, schlechtere Erklärungen als Libets Erklärung – sie sind an den Haaren herbeigezogen und extrem unwahrscheinlich. (shrink)

Among recent developments in the anthropological sciences, hardly any have found so much attention and led to so much controversy as have the views advanced by the late Benjamin Whorf.The hypothesis offered by Whorf is,“that the commonly held belief that the cognitive processes of all human beings possess a common logical structure which operates prior to and independently of communication through language, is erroneous. It is Whorf's view that the linguistic patterns themselves determine what the individual perceives in this (...) world and how he thinks about it. Since these patterns vary widely, the modes of thinking and perceiving in groups utilizing different linguistic systems will result in basically different world views”.“We are thus introduced to a new principle of relativity which holds that all observers are not led by the same physical evidence to the same picture of the universe, unless their linguistic backgrounds are similar. … We cut up and organize the spread and flow of events as we do largely because, through our mother tongue, we are parties to an agreement to do so, not because nature itself is segmented in exactly that way for all to see”. (shrink)

This paper uses Shachar’s conception of jus nexi to explore three interrelated ideas. I first contend that Shachar’s analysis of the monetary value of birthright citizenship may be applied to temporary workers, lawful permanent residents and naturalized citizens as an exposé of inherited privilege in diverse communities and as a means of identifying which forms of membership and belonging are worth owning. Second, I use the idea of jus nexi to question which additional work relationships and identity networks that might (...) qualify as genuine connections to a given state. Finally, I question whether an operationalized version of jus nexi, that is an alternative category of citizenship, would supplant or complement existing jus soli and jus sanguinis rules. Here, I seek to apply Shachar’s theoretical contributions to current political debates and warn that a genuine connection test is increasingly being misused to support a nativist agenda. (shrink)

Kant’s emphasis on the immorality of lying even to a murderer at the door who is asking about a victim hidden inside has drawn criticism ever since. The example originally given by Constant has been read as the thread of morality by totalitarian ruthlessness. In order to defend the importance of Kant’s moral philosophy, many critics have tried to update his position by taking into account the threat of modern totalitarianism. Nonetheless, this article tries to argue that Kant is right, (...) especially since the rise of post-truth politics. Sincerity towards oneself and towards others remains the basis of democracy: we have to admit what seems to be the truth regardless of our feelings about it. (shrink)

This article argues for a much more profound interconnection between philosophical romanticism and Walter Benjamin’s theses "On The Concept of History" than has been acknowledged up to now. It particularly reveals a number of parallels between Benjamin’s historical approach and the philosophy of history of the two principal thinkers of Early German Romanticism, Friedrich Schlegel and Novalis, who had already formed the object of Benjamin’s doctoral thesis. It examines Benjamin’s final philosophical work in the light of (...) three central topics inherited from Early German Romanticism, which have been less explored in romanticism studies and Benjamin scholarship, yet are decisive for helping clarify what is at stake in Benjamin’s text: the relation to prophecy; the question of messianism; and the heliotropism of the past. -/- _____________ Cet article défend l’idée d’un lien entre la philosophie romantique et les thèses de Walter Benjamin Sur le concept d’histoire bien plus profond qu’on ne l’a admis jusqu’à présent. Il met plus particulièrement en lumière des parallèles entre la démarche historique de Benjamin et la philosophie de l’histoire des deux principaux penseurs du premier romantisme allemand, Friedrich Schlegel et Novalis, auxquels Benjamin avait déjà consacré sa thèse de doctorat. L’article examine le dernier écrit majeur de Benjamin à la lumière de trois thématiques centrales héritées du romantisme, qui ont été peu approfondies tant dans les études romantiques que dans le commentaire benjaminien et qui sont pourtant décisives pour éclaircir ce qui est en jeu dans ce texte : le rapport à la prophétie ; la question du messianisme ; et l’héliotropisme du passé. (shrink)

This paper advocates a new reading of Nelson Goodman’s new riddle of induction. According to Ian Hacking, this famous problem conveys a “pure nominalism”, as it grounds Goodman’s denial regarding the existence of natural kinds. While this interpretation is somewhat convincing, it suffers the major flaw of not corresponding to what Goodman himself understood by “nominalism”. Nominalism, in a goodmanian sense, is indeed primarily a technical demand, which stems from the so-called “calculus of individuals”. I argue that this mereological (...) definition of nominalism allows to understand the new riddle of induction afresh. As a result, Goodman’s riddle is “hyper-nominalist”, i.e., nominalist in a distinct and stronger sense than what Hacking suggested. (shrink)

This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along with defending (...) his key premises, Yost explains the complicated role that sentencing uncertainty plays in the argument. He concludes by noting some of the flaws in substantive consequentialist and retributivist justifications of capital punishment. (shrink)

Robert Kraut has proposed an analogy between valuing a loved one as irreplaceable and the sort of “rigid” attachment that (according to Saul Kripke’s account) occurs with the reference of proper names. We wanted to see if individuals with Kripkean intuitions were indeed more likely to value loved ones (and other persons and things) as irreplaceable. In this empirical study, 162 participants completed an online questionnaire asking them to consider how appropriate it would be to feel the same way about (...) a perfect replica of a loved one, as well as other questions about replaceability. Participants who previously had endorsed Kripkean reference (n = 96) rated loved ones as less replaceable on two different measures than participants who had previously endorsed Descriptivist reference (n = 66, t(160)> 2.27, p <.02, eta2> .03). Additional results suggest that this difference extends to other targets as well and is at least partially dependent on sentimental attachment. (shrink)

Ce mémoire vise à élucider le rapport entre la violence et le pouvoir souverain à partir de la Critique de la violence de Walter Benjamin et Force de loi de Jacques Derrida. Les réflexions proposées ici sont issues de deux constats : (i) que nos structures politiques reposent sur l’emploi continu de la violence et (ii) qu’une révolution abolit l’ordre existant en s’accordant le monopole sur la violence légitime, reconduisant ainsi le cycle de la violence. Pour sortir de cette (...) impasse, Benjamin imagine une violence capable de destituer le pouvoir souverain, c’est-à-dire de l’abolir sans pour autant le saisir à son tour. Ce mémoire poursuit le développement du concept de destitution en trois temps. Dans un premier temps, nous lisons de près la Critique de la violence de Benjamin. Dans un deuxième temps, nous approfondissons notre analyse avec la lecture déconstructive proposée par Derrida dans Force de loi. Finalement, le concept de destitution est enrichi par des travaux contemporains et examiné sous l’angle de la responsabilité pour l’avenir. -/- *** -/- This thesis investigates the relationship between violence and sovereign power by drawing on Walter Benjamin's Critique of Violence and Jacques Derrida's Force de loi. The reflections proposed here are based on two observations: (i) that our political structures are based on the continuous use of violence, and (ii) that a revolution abolishes the existing order by granting itself a monopoly on legitimate violence, thus renewing the cycle of violence. To break this deadlock, Benjamin imagines a form of violence capable of destituting sovereign power, i.e. abolishing it without seizing it. This dissertation further develops the concept of destitution in three steps. First, we carefully read Benjamin's Critique of Violence. Secondly, we deepen our analysis with the deconstructive reading proposed by Derrida in Force de loi. Finally, we enrich the concept of destitution with contemporary works and examine it through the lens of responsibility for what is to come. (shrink)

I shall argue that you can substantially refute the most persuasive variety of solipsism by taking its most plausible version seriously, and then showing that it is not rational to hold, once one understands the nature of actualist metaphysical commitments.1 In the first section, I argue that the only viable form of solipsism involves de dicto self-reference. In the second, I argue that this position involves a claim of contingent identity, for which some actual worlds are those where solipsism is (...) not the case. The argument turns on a conception of metaphysics that involves the study of the universal features of actually possible worlds (i.e., realistic necessity). _*Draft. Acknowledgements welcome, but please do not cite.*_. (shrink)

This chapter examines: (1) the Black Notebooks in the context of Heidegger's political engagement on behalf of the National Socialist regime and his ambivalence toward some but not all of its political beliefs and tactics; (2) his limited "critique" of vulgar National Socialism and its biologically based racism for the sake of his own ethnocentric vision of the historical uniqueness of the German people and Germany's central role in Europe as a contested site situated between West and East, technological modernity (...) and the Asiatic. Heidegger did not break with radical right-wing Germanist thought, as some scholars have argued. He at most placed National Socialism within his narrative of the history of being, metaphysics, and technology, and thereby relativized it without addressing either its uniqueness or its totalitarian structures and practices. Heidegger formulated his own metaphysical and ontological version of Antisemitism during the National Socialist period. This vision was deeply connected with his understanding of the "history of being" and was intensified during and immediately after the Second World War. Heidegger could perceive no difference between the Shoah and the Allied bombing, defeat, and occupation of Germany. Heidegger's post-war philosophy (of home, history and technology) is deeply shaped by, and remained complicit with, his thinking during this period. (shrink)

This article offers a history of the German concept of translation in four stages, moving from Luther’s Verdeutschung to Mendelssohn’s translation of the Psalms, and from the re-elaboration of the translation concept by Freud, Rosenzweig and Benjamin to Derrida’s Des tours de Babel. During the postwar years, many philosophers have studied different aspects of the Classical and Romantic elaboration of the German concept of translation. The contribution of this article is not to revisit these analyses, that are by now (...) well known, but to shed light on the role played by certain Jewish thinkers in the history of the Germanic concept of translation at the end of the 18th century and the beginning of the 20th, and also, later, within the French philosophy of the years 1960-1990. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

Carine Defoort, Mario Wenning, and Kai Marchal offer three ways of engaging with Chinese and Buddhist Philosophy in Early Twentieth-Century German Thought and the philosophical, hermeneutical, and historical issues it attempted to articulate and address.1 This work is historical with a contemporary philosophical intent: to reexamine a tumultuous contested epoch of philosophy’s past in order to reconsider its existing limitations and alternative possibilities. One dimension of this book is the investigation of constellations and entanglements of historical forces and concepts for (...) the sake of articulating critical models and alternatives for the present.2 In the book, I contested the modern self-image of philosophy... (shrink)

In the ontology of the artwork and its regimes of existence, Gérard Genette gives but little room to the theory and practice of restoration. However, restoration is seen in relation to the identity of the work itself and to its material and pragmatic temporality and anachronism. In the wake of Nelson Goodman, it is also understood as a form of actuation and implementaion of the aesthetic experience. Starting from these premises, the present essay intends to examine the relationship between (...) Genette’s and Daniel Arasse’s reflections on restoration and the history of art, highlighting their similarities and differences with Cesare Brandi’s theory of restoration and, therefore, pointing out their as yet undischarged debts to Sartre’s phenomenology of image. (shrink)

This paper excavates the practice-oriented background and therapeutic significance of emptiness in the Madhyamaka philosophy attributed to Nāgārjuna and Sengzhao. Buddhist emptiness unravels experiential and linguistic reification through meditation and argumentation. The historical contexts and uses of the word indicate that it is primarily a practical diagnostic and therapeutic concept. Emptiness does not lead to further views or truths but, akin to yet distinct from Ajñāna and Pyrrhonian skepticism, the suspension of assertion. This sense of emptiness as a practice can (...) be traced in the intercultural transmission of Madhyamaka from Nāgārjuna, its paradigmatic philosopher, to Sengzhao 僧肇, its first pivotal indigenous Chinese representative. (shrink)

Heidegger’s “Evening Conversation: In a Prisoner of War Camp in Russia, between a Younger and an Older Man”, one of three dialogues composed by Heidegger after the defeat of National Socialist Germany published in Country Path Conversations explores the being-historical situation and fate of the German people by turning to the early Daoist text of the Zhuangzi. My article traces how Heidegger interprets fundamental concepts from the Zhuangzi, mediated by way of Richard Wilhelm’s translation Das wahre Buch vom südlichen Blütenland, (...) such as naturalness, letting/releasement, the unnecessary and the useless in the context of his hermeneutical and political situation. I consider to what extent this dialogue, along with his other discussions of the Zhuangzi and intensive engagement with the Daodejing from 1943 to 1950, constitute a “Daoist turn” in Heidegger’s thinking that helped shape his Postwar thought. (shrink)

In paradigmatic Confucian (Ruist) discourses, emotion (qing) has been depicted as co-arising with human nature (xing) and an irreducible constitutive source of human practices and their interpretation. The affects are concurrently naturally arising and alterable through how individuals react and respond to them and how they are or are not cultivated. That is, emotions are relationally mediated realities given in and transformed through how they are felt, understood, interpreted, and acted upon. Confucian discourses have elucidated the ethical character of the (...) emotions and sought to understand and cultivate emotional life as a hermeneutical and ethical task in establishing expectable patterns of human flourishing that orient virtues, roles, and relations. In this chapter, I explore the extent to which classical Ruist and Neo-Confucian discourses offer hermeneutical models for interpreting the complex interconnections between moral psychology and their mediations in the ethical life world. By examining a range of Confucian sources, the author argues that Confucian “moral psychologies” clarify affective dimensions of human existence within the interpersonal nexus of ethical life and indicate ways of cultivating affective awareness for relationally understanding and interpreting others, one’s world, and oneself. (shrink)

Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative egalitarians, contend (...) that differential punishment is retributively unjust. I agree with this assessment, but take issue with the reasons egalitarians cite in its favor. In this paper, I argue that differential punishment violates retributive justice because it contributes to structural racial oppression. Over the course of developing and defending this claim, I identify the shortcomings of both comparative egalitarianism and respectarianism, which is the most popular and plausible brand of noncomparativism. (shrink)

As a contribution to a wider discussion on moral discernment in theological anthropology, this paper seeks to answer the question “What is the impact of mental illness on an individual’s ability to make moral decisions?” Written from a clinical psychiatric perspective, it considers recent contributions from psychology, neuropsychology and imaging technology. It notes that the popular conception that mental illness necessarily robs an individual of moral responsibility is largely unfounded. Most people who suffer from mental health problems do not lose (...) the capacity to make moral decisions, and mental illness on its own rarely explains anti-social or criminal behaviour. Moreover, the assumptions of some scientists, that recent developments in neuropsychology and brain imaging suggest biological determinism, must be treated with caution. (shrink)

The concept of sustainable development considers environmental, social and economic issues in general. And the goals of resource conservation and socio-economic development do not contradict each other, but contribute to mutual reinforcement. The purpose of this study is to build and test an economic and mathematical model for the formation of strategies for the behavior of an economic entity with an increase in the impact of negative environmental factors. The proposed strategies and their models are based on the income-expenditure balance (...) equation, which takes into account both quantitative and qualitative characteristics. The constructed models are considered in the state space. The research methodology is based on building models in the form of linear combinations of functions of a homogeneous external impact and various spatial combinations of economic sources (sinks). The study makes it possible to assess the dependence of the amount of resources used for life support on the chosen adaptive strategy. Within the framework of the proposed model, it was found that the criterion for the effectiveness of the applied strategy can be an indicator of satisfaction with the state, the preservation of which, simultaneously with the preservation of the size of resources used, corresponds to the direction of optimization. This approach is consistent with the concept of sustainable development. (shrink)

This contribution unfolds an existential-ontological response to the question of sexual difference in the context of Heidegger’s formally indicative concept of “Dasein.” The question of Dasein’s “neutrality” concerns how formal indication formalizes, empties, and neutralizes the givenness of factical human existence. Ostensibly “given” biological and anthropological facts, such as sexual difference, are interpreted from an emptied and neutralized perspective that appears abstract and fictional to Heidegger’s critics. How, then, is the “neutrality” of formalizing emptying related to the “facticity” of in (...) each case factically existing as a sexual and gendered being? The answer lies in Heidegger’s elucidation of the existential-ontological structure of Dasein: Dasein is always relationally instituted in its factical entangled life through “being-with.” The sexual difference of human existence is not merely biologically or anthropologically given, but disclosed and enacted according to one’s relations with others, the environment, and oneself. The formally indicating concept “Dasein” indicates, accordingly, the concrete diversity and plurality of individuated sexual and gendered ways of being. (shrink)

I consider the intertextuality between Chinese and Western thought by exploring how images, metaphors, and ideas from the texts associated with Zhuangzi and Laozi were appropriated in early twentieth-century German philosophy. This interest in “Lao-Zhuang Daoism” encompasses a diverse range of thinkers including Buber and Heidegger. I examine how the problematization of utility, usefulness, and “purposiveness” in Zhuangzi and Laozi becomes a key point for their German philosophical reception; how it is the poetic character of the Zhuangzi that hints at (...) an appropriate response to the crisis and loss of meaning that characterizes technological modernity and its instrumental technological rationality; that is, how the “poetic” and “spiritual” world perceived in Lao-Zhuang thought became part of Buber's and Heidegger's critical encounter and confrontation with technological modernity; and how their concern with Zhuangzi does not signify a return to a dogmatic religiosity or otherworldly mysticism; it anticipates a this-worldly spiritual or poetic way of dwelling immanently within the world. (shrink)