This paper considers phenomenological descriptions of health in Gadamer, Heidegger, Merleau-Ponty, and Svenaeus. In these phenomenologies of health, health is understood as a tacit, background state that permits not only normal functioning but also philosophical reflection. Nietzsche’s model of health as a state of intensity that is intimately connected to illness and suffering is then offered as a rejoinder. Nietzsche’s model includes a more complex view of suffering and pain as integrally tied to health, and its language opens up the (...) possibility of many ‘healths,’ providing important theoretical support to phenomenological accounts of the diversity and complexity of health and illness. (shrink)

Acknowledgments. The seed of this book began with a session on “food and everyday life” which took place at the 2010 Society for Phenomenology and Existential Philosophy con- ference in Montreal, Canada. I thus wish to acknowledge and ...

This chapter discusses how phenomenologies of pregnancy challenge traditional philosophical accounts of a subject that is seen as autonomous, rational, genderless, unified, and independent from other subjects. Pregnancy defies simple incorporation into such universal accounts since the pregnant woman and her unborn child are incapable of being subsumed into traditional theories of the subject. Phenomenological descriptions of the experience of pregnancy lead one to question if philosophy needs to reject the subject altogether as central, or rather to revise traditional descriptions (...) of the subject. The chapter examines both options and argues for the later. The exploration of pregnancy in feminist theory upholds the value of working from the subject’s lived experience, but indicates that it is possible without viewing the subject as a disembodied universal agent. Finally, it discusses how phenomenologies of pregnancy are attuned to discussing difference thereby aiding philosophies that take into account the political, historical, and cultural conditioning that shape experience and theory. (shrink)

Anatomically detailed dolls have been used to elicit testimony from children in sex abuse cases. However, studies have shown they often provide false accounts in young, preschool-age children. Typically this problem is seen as a cognitive one: with age, children can correctly map their bodies onto a doll due to greater intellectual ability to represent themselves. I argue, along with the work of Maurice Merleau-Ponty, that although certainly cognitive developments aid in representing one’s own body, a discussion of embodiment is (...) required in order to understand the use and abuse of anatomical dolls in forensic interviews. This paper will examine these issues and suggest that a better understanding of embodied perception in both adults and children helps show how phenomenology can provide a more nuanced understanding to a troubling ethical and legal problem. (shrink)

Feminist phenomenology has contributed significantly to understanding the negative impact of the objectification of women’s bodies. The celebration of thin bodies as beautiful and the demonization of fat bodies as unattractive is a common component of that discussion. However, when one turns toward the correlation of fat and poor health, a feminist phenomenological approach is less obvious. In this paper, previous phenomenological work on the objectification of women is paralleled to the contemporary encouragement to discipline one’s body in order to (...) pursue better health. Similar ideologies of free choice in the face of bodily habits run through discussions of health and beauty. The paper uses the work of Merleau-Ponty and Beauvoir as well as the contemporary feminist phenomenologists Diaprose, Bartky, Bordo, Young, Grosz, and Carel to explore how women are constrained by health testing and health normalization. It argues that despite the apparent benefits of a focus on modifying health habits, feminists have good reason to be wary of the good health imperative. (shrink)

In this article, Bettcher argues that sexual attraction must be reconceptualized in light of transgender experience. In particular, Bettcher defends the theory of “erotic structuralism,” which replaces an exclusively other-directed account of gendered attraction with one that includes a gendered eroticization of self as an essential component. This erotic experience of self is necessary for other-directed gendered desire, where the two are bound together and mutually informing. One consequence of the theory is that the controversial notion of “autogynephilia” is rejected. (...) Another consequence is that the distinction between gender identity and sexual orientation is softened. (shrink)

This paper examines Harold Garfinkel's notion of the natural attitude about sex and his claim that it is fundamentally moral in nature. The author looks beneath the natural attitude in order to explain its peculiar resilience and oppressive force. There she reveals a moral order grounded in the dichotomously sexed bodies so constituted through boundaries governing privacy and decency. In particular, naked bodies are sex-differentiated within a system of genital representation through gender presentation—a system that helps constitute the very boundaries (...) between the public and private. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.

The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...) a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

While the field of aesthetics has long been dominated by European philosophy, recent inquiries have expanded the arena to accommodate different cultures as well as different definitions. In this volume, scholars and teachers in the fields of African and African American studies advance the debate over the nature of African aesthetics, approaching the subject from a broad range of disciplines. Dance, music, art, theatre, and literature are examined in order to appreciate and delineate the specific qualities and aspects of African (...) aesthetics; additionally, theoretical concepts and issues are discussed to define more clearly the meaning of an "African aesthetic.". (shrink)

Moral value as it was understood by Nicolai Hartmann and by Max Scheler belongs uniquely to volitions or willings, to dispositions to will and to persons as beings capable of willing. Moreover, as understood in this paper as well as by Hartmann, Scheler, and Husserl, every volition necessarily involves if not actual valuings then reference to retained valuings and potential valuings as well as to cognitive mental phenomena. As used here, the terms 'volition' and 'willing' denote mental traits, such as (...) lived experiences and habits insofar as they either do or can occur actively. A trait of a mind or "monad" can have moral value — in contrast to utility, for example — only (would belong) insofar as it is or can be or could have been engaged in and so performed by the person or ego to whose mind the trait belongs . The classification of lived experiences as voluntary or not voluntary cuts across the three-fold classification of mental processes as cognitive, affective, or conative. This seems to be the most appropriate way of distinguishing the voluntary from the involuntary. Voluntary mental phenomena are characterized by the engagement of the ego in some lived experience occurring in the flux of its lived experiences, i.e., by taking position. " within the text below by numbers. End notes are referred to within square brackets [] linked to the notes and these link back to the text loci. Text printed in sepia has been emended. The brief passage in the text that occurs in angle brackets and in the same color as this introductory note has been added to state more pointedly an important issue>. (shrink)

DESCRIPTION—An essay showing Kafka's The Trial to be written as illustration of an important theory of natural that remains quite unknown all but a very few critics and commentators. CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano's conception of natural law b. Natural law and human need in the Protagoras 2. Correct choice: Brentano's ethical theory a. The empirical origin of the concepts "good" and "better": analogous derivation of "true" b. (...) Evident and blind judgments; evident and blind emotions c. Virtue is unteachable: the point of K.'s Trial d. Guilt and definite acquittal are logically compatible 3. K.'s case on appeal: innocence can be acquired 4. K.'s delusion over guilt: the legend "Before the Law". (shrink)

Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within this circle. This (...) does not require that it be read as a reflection of Kafka's personality, nor does it require that he accepted Brentano's views. Wagenbach demonstrated Kafka's familiarity with unique conceptions, in the work of Brentano and his Prague followers, of natural law and ethics. Issues involved in these conceptions are cogently illustrated in The Trial. K. is tried for violating a law which is no positive law but a necessary condition for all positive law since all positive laws imply that they ought to be obeyed. Brentano adamantly rejected all forms of nativism. The opposite of 'natural' in the phrase 'natural law' is not 'acquired' but 'conventional.' Acquaintance with natural norms is entirely acquired: persons having no such acquaintance can exist; K. is such a person. Natural norms, have a cognizable inherent correctness; any other norms oblige only through being authoritatively decreed. Conventional guilt or innocence is subject to influence. K.'s quest for a person to exert such influence on his behalf is evidence of his guilt. K. is unaware that absolute guilt is possible. In the Prometheus myth related by Plato's Protagoras, a sense of justice and right is necessary for politically organized society. Without insight into the natural sanction for correct positive laws, citizens cannot fulfill the duty rationally to choose positive laws: citizens will wrong one another, cities perish, humankind will be threatened. The myth gives important clues to the imagery of the parable "Before the Law." Every authentic act of willing requires that something be desired for its own sake. Since there is a plurality of intrinsic goods, authentic action requires recognizing the chosen action to be better than its alternatives. Acquaintance with good, evil, better, and worse is acquired, Brentano insisted, only by perceiving certain affects to be correct. Like judgments, affects are either blind or evident. Basic moral concepts arise like all others from perception. K. could become innocent by acquiring the lacking concepts. Then, actual acquittal would be just despite his guilt when arrested. His trial tests whether he is likely to experience intrinsically correct emotions. Guilt would be objective, independent of any finding by the Court. K.'s guilt entails his lacking any such concept of absolute guilt. He is convinced that guilt depends entirely on the Court, is altogether a matter of authority. This is K.'s delusion concerning his relation to the Court and the Law, the delusion illustrated by the legend, "Before the Law.". (shrink)

This article is an effort to understand how healing of body was used by the Christian missionaries as an important tool for evangelisation with special reference to the Welsh Christian missionaries in North Cachar Hills from 1905 to 1961. The Welsh missionaries opened their mission in this Hill on 1905 with multiple endeavours such as opening schools, churches and dispensaries. North Cachar Hills was a sub division of Cachar district during the colonial period and was inhabited mainly by (...) different indigenous peoples such as the Dimasas, Zeme Nagas, Angami Nagas, old and new Kukis, Khasis, Karbis, etc. The missionaries regarded the local people as ‘heathen’ which means physically and morally ill and their traditional practices of appeasing the evil spirits for their ailments as a primitive act. Moreover the missionaries were not free from euro centrism and regarded their ideas and practices as superior than the traditional beliefs and practices of the natives. It is the intention of the article to highlight the strategy of the colonial administrator as well as the missionaries in operating humanitarian works such as ‘healing the heathens’. This article will also highlight the traditional treatment of illness and the medical measures taken by the colonial government and the responses of the local people on such measures. (shrink)

Following Talia Mae Bettcher, many philosophers distinguish between ethical and epistemic conceptions of the first-person authority that we have over our gender identities. Rather than construing this authority as explained by our superior epistemic access to our own gender identities, many have argued that we should view this authority as explained by ethical obligations that we have towards others. But such views remain silent on what we ought to believe about others’ gender identities: when someone avows their gender identity, (...) should we believe them? Or is it enough to merely act as though we do? In this paper, I argue that mere action is not enough: we ought to believe what others say about their gender identities. I present several cases that motivate the claim that there is something distinctively wrong with merely ‘playing along’ with what another person says about their gender identity. I offer several answers for what explains why such cases involve wrongs. I argue that an adequate account of FPA cannot remain silent on belief but must instead take on an epistemic norm of FPA in addition to an ethical norm of FPA. (shrink)

This paper introduces the special issue on the Concept of God of the Journal of Applied Logics (College Publications). The issue contains the following articles: Logic and the Concept of God, by Stanisław Krajewski and Ricardo Silvestre; Mathematical Models in Theology. A Buber-inspired Model of God and its Application to “Shema Israel”, by Stanisław Krajewski; Gödel’s God-like Essence, by Talia Leven; A Logical Solution to the Paradox of the Stone, by Héctor Hernández Ortiz and Victor Cantero; No New Solutions (...) to the Logical Problem of the Trinity, by Beau Branson; What Means ‘Tri-’ in ‘Trinity’ ? An Eastern Patristic Approach to the ‘Quasi-Ordinals’, by Basil Lourié; The Éminence Grise of Christology: Porphyry’s Logical Teaching as a Cornerstone of Argumentation in Christological Debates of the Fifth and Sixth Centruies, by Anna Zhyrkova; The Problem of Universals in Late Patristic Theology, by Dirk Krasmüller; Intuitionist Reasoning in the Tri-unitrian Theology of Nicolas of Cues, by Antonino Drago. (shrink)

This essay meditates on the short film American Reflexxx and the violent laughter directed at a non-trans woman in public space when she was assumed to be trans. Drawing from work on the ideological and institutional dimensions of transphobia by Talia Bettcher and Viviane Namaste, alongside Sara Ahmed's writing on the cultural politics of disgust, I reverse engineer this specific instance of laughter into a meditation on the social meaning of transphobic laughter in public space. I then look at (...) racialized transphobic laughter directed against Tyra Hunter and Miriam Rivera to emphasize transmisogynist laughter as a denial of contact, intimacy, and care. Building on Kate Manne's work on misogyny, I conclude that a key aspect of transmisogyny is the use of transfeminine people as a source of dehumanized, disavowed, and disposable care and intimacy. Laughter and accompanying violence against trans women serves to reinforce this dynamic. (shrink)

In this essay, I reply to critiques of my article “In Defense of Transracialism.” Echoing Chloë Taylor and Lewis Gordon’s remarks on the controversy over my article, I first reflect on the lack of intellectual generosity displayed in response to my paper. In reply to Kris Sealey, I next argue that it is dangerous to hinge the moral acceptability of a particular identity or practice on what she calls a collective co-signing. In reply to Sabrina Hom, I suggest that relying (...) on the language of passing to describe transracialism is potentially misleading. In reply to Tina Botts, I both defend analytic philosophy of race against her multiple criticisms and suggest that Botts’s remarks risk complicity with a form of transphobia that Talia Mae Bettcher calls the Basic Denial of Authenticity. I end by gesturing toward a more inclusive understanding of racial identity. (shrink)

Our gender identity is our sense of ourselves as a woman, a man, as genderqueer, or as another gender. Our gender is the property we have of being a woman, being a man, being non-binary, or being another gender. What is the relationship between our gender identity and our gender? Recently, much work has been done on ameliorative accounts of the gender concepts that we should accept and on the metaphysics of gender properties. From this work 4 views of the (...) relationship between having gender identity G (e.g. having a female gender identity) and being a gender G (e.g. being a woman) have emerged. A first, the no connection view, says that gender identity and gender are entirely distinct; Sally Haslanger’s ameliorative account of gender, as well as Theodore Bach’s account of gender properties, are instances of this view. A second, the gender-identity-first view, says that all there is to our gender is our gender identity; this view is at least similar to views that Talia Bettcher and R.A. Briggs and B.R. George have argued for. A third, contextualist view, says that in some contexts and relative to certain standards, our gender identity determines our gender, and that in others it does not; Ásta and Robin Dembroff have proposed and defended views along these lines. A fourth view, the two gender properties view, says that there are two properties that can make it the case that one is gender G (in any context), one’s having gender identity G and one’s being socially classed as a G; Katharine Jenkins and Elizabeth Barnes have proposed views along these lines. This article explains these 4 different views and spells out their prospects, and the problems they face, as both ameliorative and as metaphysical views. (shrink)

By its nature, comparative education values diversity. Respectfully studying how different groups pursue education provides opportunities to learn about the variety of human experience, expand the boundaries of the field, and ultimately re-understand ourselves. At its core, the field leverages the dynamic space between life as culturally located and being human. This chapter contributes value to comparative education from an Oceanic viewpoint. Oceania is the world region with more water and languages than any other. Because of its diversity and colonial (...) histories, Oceania is a site of creative tension between regionalism and self-determination. Unsurprisingly, conflict exists in the region. However, a key need in our ‘sea of islands’ for sustainability is to live well together. Faced with the uncertainties of the future such as climate change, mutual understanding and support is at a premium. The collaboration of writers; Solomon Islander, Tongan, and Anglo-Welsh, embodies this, as does the chapter’s woven mat-based structure. The thrust of this chapter is that through walking backwards into the future and embracing solidarity through diversity, we can promote a sustainable educational journey that offers the hope of continuity in the face of the challenges ahead. (shrink)

In several essays I have argued that Berkeley maintains the same basic notion of spiritual substance throughout his life. Because that notion is not the traditional (Aristotelian, Cartesian, or Lockean) doctrine of substance, critics (e.g., John Roberts, Tom Stoneham, Talia Mae Bettcher, Margaret Atherton, Walter Ott, Marc Hight) claim that on my reading Berkeley either endorses a Humean notion of substance or has no recognizable theory of substance at all. In this essay I point out how my interpretation does (...) not assume that Berkeley adopts a bundle theory of mind, but instead redefines what it means for a simple substance to be the principle by which ideas are perceived. (shrink)

As the debate over an English opt-out policy for organ procurement intensifies, assessing existing experiences becomes even more important. The Welsh introduction of opt-out legislation provides one important point of reference. With the introduction of deemed consent in December 2015, Wales became the first part of the UK to introduce an opt-out system in organ procurement. My article ‘Deemed consent: assessing the new opt-out approach to organ procurement in Wales’ conducted an early assessment of this.1 Taking its starting point (...) in important concerns often raised in discussion over opt-out legislation, it identified four key parameters to assess the effects. These are living donor rates, deceased donor rates, donor registrations and family refusals. My article compares these indicators before and after the enactment of the Welsh legislation employing a different-in-different design. In his reply to my article ‘Deemed consent: assessing the new opt-out approach to organ procurement in Wales’, Jordan Alexander Parsons offers two interesting critiques. The first pertains to the choice of indicators. Parsons prefer a narrower focus on the effect on deceased donor rates. The second pertains to the choice of data, Parsons preferring a time series of Wales to my different-in-different design. Parsons refers mainly to the official Welsh evaluation,2 a report I also cited in supplement to the NHS Activity Report data I employed. …. (shrink)

This paper revisits Jane Pilcher's (1994) seminal chapter 'Who should do the dishes? Three generations of Welsh women talking about men and housework'. Two decades on from the original study, the paper explores this question in contemporary south Wales by drawing upon data generated in a study of mothers and daughters residing in a Welsh, marginalized, urban housing area. The paper argues that in contemporary Wales, the domestic sphere remains a site of inequality, where women are negotiating the (...) impossibility of being both in full-time employment and meeting the ideology of the 'Welsh Mam'. Furthermore, the work of women and the accompanying expectations have moved from being peripheral to becoming central; this places women in a psychological impasse where they identify themselves as 'lazy' when they cannot simultaneously fulfil these roles to the unreachable standards of the new respectable working-class femininity. (shrink)

It is well documented that people with moderate-to-severe traumatic brain injury (TBI) can undergo personality changes, including becoming more impulsive in terms of how they behave. Legal guidance and academic commentary support the view that impulsiveness can render someone decisionally incompetent as defined by English and Welsh law. However, impulsiveness is a trait found within the healthy population. Arguably, impulsiveness is also a trait that gives rise to behaviours that should normally be tolerated even when they cause harm to (...) the person enacting the behaviours. The purpose of this paper is to show why both of these considerations present as significant challenges to the law in England and Wales. (shrink)