While it is philosophically contested whether nonlinguistic animals can have conceptual capabilities, it is also philosophically contested whether one can even empirically test for such capabilities. I draw from Sellars’ work on psychological nominalism to develop an empirically tractable means of distinguishing between tasks that require conceptual capabilities and those that do not. Tasks that require conceptual capabilities are those that require awareness of abstract relations, whereas tasks that can be solved merely through Sellarsian picturing do not. I argue that (...) relational matching-to-sample tasks cannot be solved through picturing and therefore require awareness of the abstract relations of same and different. Crows and amazons have both been able to succeed at relational matching-to-sample tasks; therefore, there are at least some nonlinguistic animals that have conceptual capabilities. Finally, I consider the objection that one cannot attribute conceptual capabilities without also attributing knowledge, and Sellarsian conditions for knowledge are beyond the capabilities of any nonlinguistic animal. In response, I argue that Sellarsian conditions for knowledge only require an implicit grasp of the is/looks distinction and empirical work with chimpanzees on their understanding of the appearance/reality distinction demonstrates that they can meet this standard. Therefore, language is not necessary for meeting Sellarsian conditions for knowledge. (shrink)

I argue that a Kantian inspired investigation into animal morality is both a plausible and coherent research program. To show that such an investigation is possible, I argue that philosophers, such as Korsgaard, who argue that reason demarcates nonhuman animals from the domain of moral beings are equivocating in their use of the term ‘rationality’. Kant certainly regards rationality as necessary for moral responsibility from a practical standpoint, but his distinction between the noumenal and phenomenal means that he can only (...) establish it as a marker for morality from a theoretical standpoint. This means that when it comes to evaluating the moral capabilities of others, rationality can be neither necessary nor sufficient for morality, leaving open the possibility of other empirical markers for moral responsibility. I argue that the higher faculties, character, implicit knowledge of universality, and antecedent practical pleasures (which provide a way to distinguish between morally motivated behaviour and other types of socially motivated behaviour) can all serve as empirical markers for morality. There is empirical evidence that at least some animals have conceptual capabilities and therefore the empirical marker of the higher faculties. In addition, there is suggestive evidence that merits further investigation for the other three markers. While this will not provide a definitive answer on whether animals are capable of acting morally, it will provide a Kantian outlook that can be used to evaluate empirical and philosophical work on animal morality. (shrink)

While there has been significant philosophical debate on whether nonlinguistic animals can possess conceptual capabilities, less time has been devoted to considering 'talking' animals, such as parrots. When they are discussed, their capabilities are often downplayed as mere mimicry. The most explicit philosophical example of this can be seen in Brandom's frequent comparisons of parrots and thermostats. Brandom argues that because parrots (like thermostats) cannot grasp the implicit inferential connections between concepts, their vocal articulations do not actually have any conceptual (...) content. In contrast, I argue that Pepperberg's work with Alex (and other African grey parrots) provides evidence that the vocal articulations of at least some parrots have conceptual content. Using Frege's insight that numbers assert something about a concept, I argue that Alex's ability to answer the question "How many?" depended upon a prior grasp of conceptual content. Developing this claim, I argue that Alex's arithmetical abilities show that he was capable of using numbers as both concepts and objects. Frege's theoretical insight and Pepperberg's empirical work provide reason to reconsider the capabilities of parrots, as well as what sorts of tasks provide evidence for conceptual content. (shrink)

Many philosophers have wrongly assumed that there is an asymmetry between the problem of induction and the logocentric predicament (the justification of deductive inferences). This paper will show that the demand for justification, for the very inferences that are required for justification, is deeply problematic. Using a Wittgensteinian approach, I will argue that justification has an internal relation with deductive and inductive inferences. For Wittgenstein, two concepts are internally related if my understanding of one is predicated on my understanding of (...) the other. Separating the two concepts so that one can be applied to the other is then a misunderstanding of role that these concepts play. (shrink)

I argue that at least some nonlinguistic animals have conceptual capabilities. First, I show that positions that take linguistic capabilities to be necessary for conceptual capabilities are unable to explain the possibility of concept acquisition. Second, I argue that awareness of abstract relations requires conceptual capabilities and success at relational matching-to-sample tasks requires awareness of the abstract relations of same and different. Crows and amazons are able to succeed at relational matching-to-sample tasks, so we should attribute conceptual capabilities to them. (...) Third, I argue that at least some nonlinguistic animals are able to have and present reasons by making and having explicit content. Fourth, I argue for an externalist account of inference that takes epistemic responsibility to be a deontic status. Fifth, and finally, I argue that at least some nonlinguistic animals should be regarded as living in normative communities because their communications meet the conditions for assertions. (shrink)

Alexander Livingston’s fascinating examination of William James’ work in Damn Great Empires!: William James and the Politics of Pragmatism argues that “William James was an important and innovative theorist of politics.” Livingston claims that James’ anti-imperialist arguments in the letters, editorials, and speeches collected in the Nachlass are an important part of James’ philosophical corpus that provides a critical lens through which the rest of James’ work can be fruitfully read. Though Livingston is not the first to propose a political (...) reexamination of James’ thought, his careful and systematic book-length work provides one of the strongest and most sustained arguments for a historical reinterpretation of James. In this review, I point out some of the strengths and limitations of Livingston's project. (shrink)

Jennifer Greenwood's Becoming Human: The Ontogenesis, Metaphysics, and Expression of Human Emotionality is an innovative exploration of the empirical literature on human development and its implications for the extended mind debate. Greenwood argues that an examination of the emotional and linguistic development of children, especially the unique relationship between mothers and infants, supports transcranialism. I summarize her argument and then point to some of the strengths and weaknesses of her position.

Many believe that objective morality requires a theistic foundation. I maintain that there are sui generis objective ethical facts that do not reduce to natural or supernatural facts. On my view, objective morality does not require an external foundation of any kind. After explaining my view, I defend it against a variety of objections posed by William Wainwright, William Lane Craig, and J. P. Moreland.

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)

Neutral monism is a position in metaphysics defended by Mach, James, and Russell in the early twentieth century. It holds that minds and physical objects are essentially two different orderings of the same underlying neutral elements of nature. This paper sets out some of the central concepts, theses and the historical background of ideas that inform this doctrine of elements. The discussion begins with the classic neutral monism of Mach, James, and Russell in the first part of the paper, then (...) considers recent neo-Russellian versions in the second half. The chances for a revival of neutral monism are probably slight; its key ideas and starting points lie far from those in contemporary philosophy of mind. A better route might be through the philosophy of science and a deeper understanding of causation. (shrink)

The Precautionary Principle is both celebrated and criticized. It has become an important principle for decision making, but it is also subject to criticism. One problem that is often pointed out with the principle is that is not clear what it actually says and how to use it. I have taken on this problem by performing an analysis of some of the most influential formulations of the principle in an attempt to identify the core ideas behind it, with the purpose (...) of producing a formulation of the principle that is clear and practically applicable. It was found that what is called the Precautionary Principle is not a principle that tells us what do to achieve extra precaution or how to handle situations when extra precaution is called for. Instead, it was found to be a list of circumstances that each justify extra precaution. An analysis of some of the most common and influential formulations of the Precautionary Principle identified four such circumstances: (1) When we deal with important values that tend to be systematically downplayed by traditional decision methods – such as human health and the environment. (2) When we suspect that the decision might lead to irreversible and severe consequences and the values at stake are also irreplaceable, (3) When timing is at least as important as being right. (4) When it is more important to avoid false negatives than false positives. This interpretation of the Precautionary Principle does not say anything about what kind of actions to take when extra precaution is called for, but it does provide a clear and practically useful list of circumstances that call for extra precaution and that is not subject to the most common objections to the Precautionary Principle. (shrink)

The counterfactual comparative account of harm faces problems in cases that involve overdetermination and preemption. An influential strategy for dealing with these problems, drawing on a suggestion made by Derek Parfit, is to appeal to _plural harm_—several events _together_ harming someone. We argue that the most well-known version of this strategy, due to Neil Feit, as well as Magnus Jedenheim Edling’s more recent version, is fatally flawed. We also present some general reasons for doubting that the overdetermination and preemption problems (...) for the counterfactual comparative account can be satisfactorily solved by appealing to plural harm. (shrink)

Daoism and Environmental Philosophy explores ethics and the philosophy of nature in the Daodejing, the Zhuangzi, and related texts to elucidate their potential significance in our contemporary environmental crisis. This book traces early Daoist depictions of practices of embodied emptying and forgetting and communicative strategies of undoing the fixations of words, things, and the embodied self. These are aspects of an ethics of embracing plainness and simplicity, nourishing the asymmetrically differentiated yet shared elemental body of life of the myriad things, (...) and being responsively attuned in encountering and responding to things. These critical and transformative dimensions of early Daoism provide exemplary models and insights for cultivating a more expansive ecological ethos, environmental culture of nature, and progressive political ecology. This work will be of interest to students and scholars interested in philosophy, environmental ethics and philosophy, religious studies, and intellectual history. (shrink)

One of the cornerstones of western theology is the doctrine of divine omnipotence. God is traditionally conceived of as an omnipotent or all-powerful being. However, satisfactory analyses of omnipotence are notoriously elusive. In this paper, I first consider some simple attempts to analyze omnipotence, showing how each fails. I then consider two more sophisticated accounts of omnipotence. The first of these is presented by Edward Wierenga; the second by Thomas Flint and Alfred Freddoso. I argue that both of these accounts (...) fail. Finally, I propose and defend a novel account of omnipotence. (shrink)

Om människan någon gång kommer att få förmågan att skapa nya livsformer, hur kommer det att påverka livets värde? Detta är en fråga som kan vara en källa till oro när man diskuterar konstgjort liv, men är oron befogad? I ett försök att svara på den frågan kommer jag att gå igenom några möjliga skäl till varför förmågan att skapa konstgjort liv skulle hota livets värde, och se om de verkligen ger oss skäl att oroa oss.

We have argued that the counterfactual comparative account of harm and benefit (CCA) violates the plausible adequacy condition that an act that would harm an agent cannot leave her much better off than an alternative act that would benefit her. In a recent paper in this journal, however, Neil Feit objects that our argument presupposes questionable counterfactual backtracking. He also argues that CCA proponents can justifiably reject the condition by invoking so-called plural harm and benefit. In this reply, we argue (...) that Feit’s lines of criticism are both unsuccessful. (shrink)

Logical pluralism is the view that there is more than one correct logic. This very general characterization gives rise to a whole family of positions. I argue that not all of them are stable. The main argument in the paper is inspired by considerations known as the “collapse problem”, and it aims at the most popular form of logical pluralism advocated by JC Beall and Greg Restall. I argue that there is a more general argument available that challenges all variants (...) of logical pluralism that meet the following three conditions: that there are at least two correct logical systems characterized in terms of different consequence relations, that there is some sort of rivalry among the correct logics, and that logical consequence is normative. The hypothesis I argue for amounts to conditional claim: If a position satisfies all these conditions, then that position is unstable in the sense that it collapses into competing positions. (shrink)

PDF with introduction and front and back materials. Abstract: A provocative examination of the consequences of Levinas’s and Adorno’s thought for contemporary ethics and political philosophy. This book unfolds a dialogue between Emmanuel Levinas and Theodor W. Adorno, using their thought to address contemporary environmental and social-political situations. Eric S. Nelson explores the “non-identity thinking” of Adorno and the “ethics of the Other” of Levinas with regard to three areas of concern: the ethical position of nature and “inhuman” material (...) others such as environments and animals; the bonds and tensions between ethics and religion and the formation of the self through the dynamic of violence and liberation expressed in religious discourses; and the problematic uses and limitations of liberal and republican discourses of equality, liberty, tolerance, and their presupposition of the private individual self and autonomous subject. Thinking with and beyond Levinas and Adorno, this work examines the possibility of an anarchic hospitality and solidarity between material others and sensuous embodied life. -/- “This is an extremely impressive, original, and thorough treatment of two key twentieth-century thinkers and their applicability to the most pressing social and political issues of our time.” — Jeffrey A. Bernstein, author of Leo Strauss on the Borders of Judaism, Philosophy, and History -/- “This book is an excellent and timely contribution to political and environmental philosophy, located around a nuanced historical and philosophical approach to Levinas and Adorno. It will be of great interest to anyone concerned with these figures or with the current moment.” — Martin Shuster, author of Autonomy after Auschwitz: Adorno, German Idealism, and Modernity. (shrink)

There are important structural similarities in the way that animals and humans engage in unreflective activities, including unreflective social interactions in the case of higher animals. Firstly, it is a form of unreflective embodied intelligence that is ‘motivated’ by the situation. Secondly, both humans and non-human animals are responsive to ‘affordances’ (Gibson 1979); to possibilities for action offered by an environment. Thirdly, both humans and animals are selectively responsive to one affordance rather than another. Social affordances are a subcategory of (...) affordances, namely possibilities for social interaction offered by an environment: a friend’s sad face invites comforting behavior, a person waiting for a coffee machine can afford a conversation, and an extended hand affords a handshake. I will review recent insights in the nature of the bodily intentionality characteristic of unreflective action. Such ‘motor intentionality’ can be characterized as “our direct bodily inclination to act in a situated, environmental context” (Kelly 2005, p. 106). Standard interpretations of bodily intentionality see grasping an object as the paradigmatic example of motor intentionality. I will discuss the implications of another, novel perspective that emphasizes the importance of unreflective switches from one activity to another (Rietveld 2004) and understands bodily intentionality in terms of adequate responsiveness to a field of relevant affordances. In the final section I will discuss some implications for cognitive neuroscientists who use empirical findings related to the ‘mirror neuron system’ as a starting point for a theory of motor intentionality and social cognition. (shrink)

Journal of Social Philosophy, EarlyView.

I examine the central atheistic argument of Richard Dawkins’s book The God Delusion (“Dawkins’s Gambit”) and illustrate its failure. I further show that Dawkins’s Gambit is a fragment of a more comprehensive critique of theism found in David Hume’s Dialogues Concerning Natural Religion. Among the failings of Dawkins’s Gambit is that it is directed against a version of the God Hypothesis that few traditional monotheists hold. Hume’s critique is more challenging in that it targets versions of the God Hypothesis that (...) are central to traditional monotheism. Theists and atheists should put away The God Delusion and pick up Hume’s Dialogues. (shrink)

In this paper, we give a new argument for the existence of moral luck. The argument is based on a manipulation case in which two agents both lack second-order control over their actions, but one of them has first-order control. Our argument is, we argue, in several respects stronger than standard arguments for moral luck. Five possible objections to the argument are considered, and its general significance for the debate on moral luck is briefly discussed.

There have through history been many attempts to define 'life' but there is no generally accepted definition of 'life' at this date. As a result, some have come to believe that defining 'life' is not a fruitful endeavour. This seems to be a minority view, however, since the quest to find or create a definition of 'life' is as active as ever.

We propose to understand social affordances in the broader context of responsiveness to a field of relevant affordances in general. This perspective clarifies our everyday ability to unreflectively switch between social and other affordances. Moreover, based on our experience with Deep Brain Stimulation for treating obsessive-compulsive disorder (OCD) patients, we suggest that psychiatric disorders may affect skilled intentionality, including responsiveness to social affordances.

Logical pluralism is the view that there is more than one correct logic. Most logical pluralists think that logic is normative in the sense that you make a mistake if you accept the premisses of a valid argument but reject its conclusion. Some authors have argued that this combination is self-undermining: Suppose that L1 and L2 are correct logics that coincide except for the argument from Γ to φ, which is valid in L1 but invalid in L2. If you accept (...) all sentences in Γ, then, by normativity, you make a mistake if you reject φ. In order to avoid mistakes, you should accept φ or suspend judgment about φ. Both options are problematic for pluralism. Can pluralists avoid this worry by rejecting the normativity of logic? I argue that they cannot. All else being equal, the argument goes through even if logic is not normative. (shrink)

The aim of this chapter is to use philosophy and, in particular ethical theory, to identify and explore some potential conflicts.

For successful climate change adaptation, the distribution of responsibility within society is an important question. While the literature highlights the need for involving both public and private actors, little is still known of how citizens perceive their own and others’ responsibility, let alone the moral groundings for such perceptions. In this paper, we report the results of a survey regarding people’s attitudes towards different ways of distributing responsibility for climate change adaptation. The survey was distributed to citizens in six Swedish (...) municipalities and completed by 510 respondents. A large number of respondents wanted to assign responsibility for making decisions about and implementing adaptation measures to local governments, but also to property owners, whereas the national government was raised as responsible for setting decision boundaries and for financial support. The most preferred principles for a fair distribution of responsibility among the respondents were desert, ability, efficiency and need, while the principle of equal shares found less support. All principles received some support, indicating that it is necessary to consider several principles when distributing responsibility for climate change adaptation. Compared to earlier studies, this study shows more nuanced perceptions on who should be responsible and on what moral grounds. (shrink)

Distribution of responsibility is one of the main focus areas in discussions about climate change ethics. Most of these discussions deal with the distribution of responsibility for climate change mitigation at the international level. The aim of this paper is to investigate if and how these principles can be used to inform the search for a fair distribution of responsibility for climate change adaptation on the local level. We found that the most influential distribution principles on the international level were (...) in turn built on one or more of seven basic principles: (P1) equal shares, (P2) desert, (P3) beneficiary pays, (P4) ability, (P5) self-help, (P6) limited responsibility for the worst off, and (P7) status quo preservation. It was found that all the basic principles, but P1, P3, and P7, are to some extent translatable to local climate adaptation. Two major problems hamper their usefulness on the local level: (1) several categories of agents need to take on responsibility; and (2) emissions do not work as a base for all principles. P4, P5, and P6 are applicable to local adaptation without changes. P4 is of particular importance as it seems to solve the first problem. P2 is applicable only if the second problem is solved, which can be achieved by using risk of harm instead of emissions as the basis for desert. (shrink)

A look at the dynamical concept of space and space-generating processes to be found in Kant, J.F. Herbart and the mathematician Bernhard Riemann's philosophical writings.

Psychiatry has witnessed a new wave of approaches to clinical phenotyping and the study of psychopathology, including the National Institute of Mental Health’s Research Domain Criteria, clinical staging, network approaches, the Hierarchical Taxonomy of Psychopathology, and the general psychopathology factor, as well as a revival of interest in phenomenological psychopathology. The question naturally emerges as to what the relationship between these new approaches is – are they mutually exclusive, competing approaches, or can they be integrated in some way and used (...) to enrich each other? In this opinion piece, we propose a possible integration between clinical staging and phenomenological psychopathology. Domains identified in phenomenological psychopathology, such as selfhood, embodiment, affectivity, etc., can be overlaid on clinical stages in order to enrich and deepen the phenotypes captured in clinical staging (‘high resolution’ clinical phenotypes). This approach may be useful both ideographically and nomothetically, in that it could complement diagnosis, enrich clinical formulation, and inform treatment of individual patients, as well as help guide aetiological, prediction, and treatment research. The overlaying of phenomenological domains on clinical stages may require that these domains are reformulated in dimensional rather than categorial terms. This integrative project requires assessment tools, some of which are already available, that are sensitive and thorough enough to pick up on the range of relevant psychopathology. The proposed approach offers opportunities for mutual enrichment: clinical staging may be enriched by introducing greater depth to phenotypes; phenomenological psychopathology may be enriched by introducing stages of severity and disorder progression to phenomenological analysis. (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)

We enjoy sounds. What about silence: the absence of sound? Certainly not all, but surely many of us seek out, attend to, and appreciate silence. But, if nothing is there, then there is nothing to possess aesthetic qualities that might engage aesthetic interest or reward aesthetic attention. This is at least puzzling, perhaps even paradoxical. In this paper, I attempt to dispel the sense of paradox and provide a way to understand aesthetic appreciation of silence. I argue that silence can (...) have an aesthetic character and can sustain the kinds of rich experiences apt for aesthetic assessment and appraisal. (shrink)

This article distinguishes between Machian empiricism and the logical positivism of the Vienna Circle and associated philosophers. Mach's natural philosophy was a first order attempt to reform and reorganize physics, not a second order reconstruction of the "language" of physics. Mach's elements were not sense data but realistic events in the natural world and in minds, and Mach admitted unobserved elements as part of his world view. Mach's critique of metaphysics was far more subtle and concerned the elimination of sensory (...) visual imagery from natural science, leaving only concrete elements and functions, very much an inspiration to the young Einstein and Heisenberg and a useful engine of theory construction in physics. (shrink)

Grete Hermann’s essay “Die naturphilosophischen Grundlagen der Quantenmechanik” has received much deserved scholarly attention in recent years. In this paper, I follow the lead of Elise Crull who sees in Hermann’s work the general outlines of a neo-Kantian interpretation of quantum theory. In full support of this view, I focus on Hermann’s central claim that limited spatio-temporal, and even analogically causal, representations of events exist within an overall relational structure of entangled quantum mechanical states that defy any unified spatio-temporal description. (...) In my view, Hermann also advances an important transcendental argument that perspectival spatio-temporal representations of nature have their foundations in general relational networks that are not spatio-temporal. The key point is that the adoption of a perspectival system within the general network induces the representation but only for that context. These ideas are consistent with a perspectival subject–object principle in Kant and also with Weyl’s work on Lie groups and their representations. (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)

What did Heidegger learn and fail to learn from Laozi and Zhuangzi? This book reconstructs Heidegger's philosophy through its engagement with Daoist and Asian philosophy and offers a Daoist transformation of Heidegger on things, nothingness, and freedom. PDF includes the introduction, bibliography, and index.

All disciplines must define their basic units and core processes. In evolutionary biology, the core process is natural selection and the basic unit of selection and adaptation is the individual. To operationalize the theory of natural selection we must count individuals, as they are the bearers of fitness. While canonical individuals have often been taken to be multicellular organisms, the hierarchy of life shows that new kinds of individuals have evolved. A variety of criteria have been used to define biological (...) individuality. Some criteria rely on the presence/absence of a particular property while others advocate an approach that reflects the process of natural selection. The plethora of approaches to classifying individuality has resulted in confusion regarding how to study individuality in a given taxon. (shrink)

If humans eventually attain the ability to create new life forms, how will it affect the value of life? This is one of several questions that can be sources of concern when discussing synthetic life, but is the concern justified? In an attempt to answer this question, I have analyzed some possible reasons why an ability to create synthetic life would threaten the value of life in general (that is, not just of the synthetic creations), to see if they really (...) give us reason to worry. The main conclusion is that it is unlikely that a future human ability to create life will really have a great negative impact on these characteristics of life. It therefore seems unlikely that the value of life will be negatively affected by the ability to create synthetic life, though it is possible that the properties in question will be less salient in the synthetic life and thus that the value of the synthetic life will be lower than that of existing life, which in turn can lead to a disturbing difference in value between different kinds of life. (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.**.

Memphis Elvis is cool; Vegas Elvis is cheesy. How come? To call something cheesy is, ostensibly, to disparage it, and yet cheesy acts are some of the most popular in popular culture today. How is this possible? The concepts of cheese, cheesy, and cheesiness play an important and increasingly ubiquitous role in popular culture today. I offer an analysis of these concepts, distinguishing them from nearby concepts like kitchy and campy. Along the way I draw attention to the important roles (...) of cultural/historical context, background knowledge, and especially artist’s intentions as they are relevant to aesthetic assessments involving cheese and related concepts. I go on to contend that these concepts, properly understood, serve as helpful test cases concerning some important issues in contemporary aesthetics, such as the paradox of negative art and the contentious debate between intentionalists and anti-intentionalists. (shrink)