In this chapter, I will make the case that we can accurately describe Ghazali’s position as a natural law theory. Kevin Reinhart (1995), on whose translation of al-Mustaṣfā I will be depending in what follows, has also treated this topic. Though he did not specifically compare Ghazali’s position there with natural law theory, like Hourani (1985) he interprets Ghazali’s position as subjectivist on key points rendering it incompatible with natural law theory. Thus, I will begin with a prima facie case (...) for this incompatibility roughly along the lines one finds in Reinhart, and argue that a closer examination of the relevant text of al-Mustaṣfā along with the parallel section of al-Iqtiṣād, also cited by Hourani, shows that Ghazali’s position is not conclusively subjectivist, but instead is compatible with a natural law theory. I will examine key sections of Ghazali’s Kimiya al-Sa’dāt that quite clearly express a natural law theory of morality. (shrink)

If by “demon” one understands an evil occult being, then its equivalent in the Islamic narrative is the intersection of the category jinn with that of the shayātīn: a demon is a shaytān from among the jinn. The literature in the Islamic tradition on these subjects is vast. In what follows, we will select some key elements from it to provide a brief summary: first on the nature of the jinn, their nature, and their relationship to God and human beings; (...) second, on the origin, nature, and role of Shaytān (Satan himself) and the shayātīn in the moral drama of Islam. Then, we will take a closer look at the relationship between jinn and humankind, according to Islam, and the phenomena of the demonic as it manifests itself in that relation. In the process, I will entertain, tentatively, some philosophical speculation as to the nature of that ultimately mysterious relation and phenomena, drawn from what we find in the religious sources. (shrink)

Abū Hāmid al-Ghazālī (1058–1111 c.e .) is well known, among other things, for his account, in al-Munqidh min al-ḍalāl (Deliverance from error), of a struggle with philosophical skepticism that bears a striking resemblance to that described by Descartes in the Meditations . This essay aims to give a close comparative analysis of these respective accounts, and will concentrate solely on the processes of invoking or entertaining doubt that al-Ghazālī and Descartes describe, respectively. In the process some subtle differences between them (...) in this regard will be brought to light that are relevant to the comparative issue of the respective solutions at which they arrive. The latter issue will not be touched upon here, although the present discussion is intended as a prelude to a future treatment of that topic. (shrink)

The object of this paper is not arguments from contingency in general, but specifically Aquinas’s ‘Third Way’ as it appears in his Summa Theologica. I will raise three objections to this argument. First, the argument depends on the premise, that if everything were contingent, then there would have been a time during which nothing exists, but this is not self-evident and no argument is given for it here. Secondly, Aquinas tells us that a key premise in this argument, that an (...) infinite order of things necessary through one another is impossible, has been proven just previously (in the ‘second way’) with respect to an infinite order of efficient causes. But this argument fallaciously equivocates between two different senses of the term ‘first’, and the fallacy does not disappear when applied to the ‘third way’. Thus, Aquinas not only fails, in this argument, to prove the existence of a thing necessary in itself, but fails to prove that anything is necessary at all. Lastly, this argument suffers from a puzzling ambiguity as to the meaning of the term ‘necessity’, and either way of interpreting the term consistently in the argument raises difficulties. (shrink)

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī (150 A.H./767 C.E.). (shrink)

Robert Adams characterizes actualism regarding possible worlds as «the view that if there are any true statements in which there are said to be nonactual possible worlds, they must be reducible to statements in which the only things there are said to be are things which there are in the actual world, and which are not identical with nonactual possibles.» In this paper, I will briefly explain actualism about possible worlds, showing that an essential pillar of the theory is the (...) claim that truth is distinct from, and ontologically prior to, truth in a world. The rest of the paper is premised on the idea that an interesting philosophical defense of this claim calls for an analysis of truth itself, and is not intended as an objection to actualism, but rather to underscore the interest actualists should have in the question of what truth is. First, I will consider the idea, drawn from Adams and Alan McMichael, that truth differs from truth in a world in its being a matter of correspondence between a proposition and an independent object; that object being, in McMichael's words, the `concrete universe'. Then, I will show that, given such an analysis of truth, the truth conditions for propositions about non-actual possibilities violate the central tenet of actualism, as articulated by Adams. (shrink)

[The version of this paper published by Oxford online in 2019 was not copy-edited and has some sense-obscuring typos. I have posted a corrected (but not the final published) version on this site. The version published in print in 2020 has these corrections.] Which is more fundamental, assertion or testimony? Should we understand assertion as basic, treating testimony as what you get when you add an interpersonal addressee? Or should we understand testimony as basic, treating mere assertion -- assertion without (...) testimony -- as what you get when you subtract that interpersonal relation? In this chapter, I’ll argue for the subtractive approach and for the more general thesis that its treatment of the interpersonal element in assertion makes understanding that interpersonal element the key to understanding how assertion expresses belief. My theory of belief-expression in assertion treats it as internalizing the transmission of belief in testimony. How we understand that internalizing move depends on how we conceptualize the interpersonal element in testimony. Since what I’ll call the Command Model does not give us the conceptual resources to make this move, we should adopt an alternative that I’ll call the Custodial Model, on which a testifier aims not to convince her addressee but to reason with him – to give him reasons to believe what she tells him grounded in her trustworthiness in thus attempting to influence him. The subtractive approach to assertion thus rests on a key distinction between the aims of reasoning and persuasion. (shrink)

This article traces the development of Sartre's metaphysics with three interrelated aims in mind. The first is to situate Sartre's metaphysical views in relation to those of his predecessors, his contemporaries, and current continental philosophy. The second is to show that Sartre's project informs some of the key changes he makes to his existentialism during his career. The third is to bring Sartre the metaphysician into dialogue with key thinkers in the current realism/antirealism debate in Continental philosophy by showing that (...) the defense of materialism he offers in his later work preserves many hard-won insights of phenomenology and has significant advantages over many contemporary articulations of realism. (shrink)

Imprecise probabilities are often modelled with representors, or sets of probability functions. In the recent literature, two ways of interpreting representors have emerged as especially prominent: vagueness interpretations, according to which each probability function in the set represents how the agent's beliefs would be if any vagueness were precisified away; and comparativist interpretations, according to which the set represents those comparative confidence relations that are common to all probability functions therein. I argue that these interpretations have some important limitations. I (...) also propose an alternative—the functional interpretation—according to which representors are best interpreted by reference to the roles they play in the theories that make use of them. (shrink)

I argue that absolutism, the view that absolutely unrestricted quantification is possible, is to blame for both the paradoxes that arise in naive set theory and variants of these paradoxes that arise in plural logic and in semantics. The solution is restrictivism, the view that absolutely unrestricted quantification is not possible. -/- It is generally thought that absolutism is true and that restrictivism is not only false, but inexpressible. As a result, the paradoxes are blamed, not on illicit quantification, but (...) on the logical conception of set which motivates naive set theory. The accepted solution is to replace this with the iterative conception of set. -/- I show that this picture is doubly mistaken. After a close examination of the paradoxes in chapters 2--3, I argue in chapters 4 and 5 that it is possible to rescue naive set theory by restricting quantification over sets and that the resulting restrictivist set theory is expressible. In chapters 6 and 7, I argue that it is the iterative conception of set and the thesis of absolutism that should be rejected. (shrink)

The essay explores the systematic relationship in the work of Giordano Bruno (1548-1600) between his monadology, his metaphysics as presented in works such as De la causa, principio et uno, the mythopoeic cosmology of Lo spaccio de la bestia trionfante, and practical works like De vinculis in genere. Bruno subverts the conceptual regime of the Aristotelian substantial forms and its accompanying cosmology with a metaphysics of individuality that privileges individual unity (singularity) over formal unity and particulars over substantial forms without (...) sacrificing a metaphysical perspective on the cosmos. The particular is individuated as a unique site of desire, continually transforming but able to entrain itself and others through phantasmatic ‘bonding’, the new source of regularity in Bruno’s polycentric universe. Bruno thus tries to do justice to the demands of intelligibility as well as transformative eros. The essay concludes with a note on Bruno’s geometry as it relates to his general conception of form. (shrink)

This paper presents what I call “the flowchart solution” to Joe Horton’s all-or-nothing problem. Rather than three options – don’t save any child, save one, or save two – there is a flowchart with a choice of don’t save or save, and then within save, save one or save two.

It’s a popular idea that memory resembles testimony insofar as each can ‘preserve’ epistemic warrant. But how does such ‘preservation’ do its epistemic work? I have elsewhere developed an assurance theory of testimonial warrant. Here, I develop an assurance theory of preservative memory. How could the ‘preservation’ of warrant through memory work through an assurance? What would even count as an intrapersonal assurance? I explain each form of preservation by contrasting the relation that preserves warrant with a pathological alternative. My (...) assurance theory of testimony theorizes the illocutionary norms governing the speech act of telling by explaining what goes wrong when there’s what Austin calls an ‘abuse.’ But what norms govern an intrapersonal memory relation? There are two sides in a memory relation: the earlier self judges that p, then memory keeps the later self in epistemic touch with that judgment by ‘preserving’ its warrant. But this is not an illocutionary relation. (When you ‘tell yourself that p,’ you are trying to ‘convince yourself’ that p and as such typically do not yet even judge that p.) I argue that the earlier self nonetheless offers an assurance by extending an invitation to trust. Your earlier self judges that p in part by projecting a future in which you will continue to trust yourself on the question whether p when you lose access to the evidence that informed the judgment. That projection of trust in yourself posits a worthiness of trust that ought to lead others to accept your testimony that p. Assurance in memory and assurance in testimony thus ought to work together. This aspect of the parallel emerges vividly when we see how it breaks down in the pathology of gaslighting – more than merely illocutionary abuse! – which targets specifically how testimony and memory work together in inviting trust relations. (shrink)

When Milan Kundera introduces the concept of graphomania, he seems to register only two extremes: the person who writes for a few known people and the person who writes for a very large audience. Joe Horton’s all-or-nothing problem provides a way of making sense of this conceptualization of the situation, though in a way that breaks with Kundera’s emphasis on a writer’s craving for audience attention.

I present an example in which the all-or-nothing problem involves adults, rather than children in danger.

Joe Horton’s all-or-nothing problem concerns a situation in which it is morally permissible to do nothing and to save two people but not to save only one. This description seems to entail that we should do nothing rather than save only one. I object to Horton’s solution and challenge a principle he draws attention to, which is required to generate the problem but which Horton regards as beyond dispute.

Fragments is a verse and narrative work of phenomenological and existential ontology focusing on mind-world unity and mind-world dislocation in the experience of self through time. Pivotal experiential and historical moments -- moments when normative guardrails and unreflective models of the world may be compromised -- are approached as fundamental markers of how we transact with evolving versions of ourselves and world.

In an online, participatory class, we interpreted The Dream of Mercury knowing nothing of the dreamer and having none of the dreamer’s associations. Our interpretation included a series of falsifiable predictions about the dreamer. When it was complete, we asked the bringer of the dream (who had until then been silent and was not visible to us) to give us more information about the dreamer. The dreamer is instructed to confront a friendship he had abandoned and, when he does so, (...) is frightened by the inner life he discovers. This record is another iteration of an experiment that will be described more fully in the paper 'The Dream of the Six-Legged Dog: An Experimental System to Test Meaning,' soon to be published. This iteration repeats and confirms the evidence given in that paper. AN AUDIO-RECORD OF COMPLETE CLASS: link is given on first page of the paper you download here. (shrink)

The Way of Humanity, second edition, presents a Confucian vision for personal and social transformation intended to bring about a worldwide social order of harmony, dignity, and justice for all peoples, beyond divisive sectarianism and nationalism. It is based on ideals for human flourishing gleaned from Confucian and Neo-Confucian thought as distilled by a highly respected elder philosopher in South Korea, Yi Dong Jun, PhD (Haengchon, literary name). He is Professor Emeritus of the College of Confucian Studies and Eastern Philosophy (...) at Sungkyunkwan University in Seoul. This work is the first detailed presentation of a contemporary Korean philosopher’s perspective on Confucianism as grounded in daily life, its implications for personal spiritual development, and its potential to contribute to world development. The book holistically presents Master Haengchon’s insights through vivid stories, philosophical essays, numerous illustrations, audio recordings of Confucian chanting, recommendations for further reading, and, new to the second edition, poems inspired by Confucian classics about ideals for an opening of the world to wellbeing and justice for all peoples. There are two recordings of chants included as supplemental.mp3 files. For open access to the ebook and associated audio files, go to the University of Kansas ScholarWorks website: The Way of Humanity, second edition, presents a Confucian vision for personal and social transformation intended to bring about a worldwide social order of harmony, dignity, and justice for all peoples, beyond divisive sectarianism and nationalism. It is based on ideals for human flourishing gleaned from Confucian and Neo-Confucian thought as distilled by a highly respected elder philosopher in South Korea, Yi Dong Jun, PhD (Haengchon, literary name). He is Professor Emeritus of the College of Confucian Studies and Eastern Philosophy at Sungkyunkwan University in Seoul. This work is the first detailed presentation of a contemporary Korean philosopher’s perspective on Confucianism as grounded in daily life, its implications for personal spiritual development, and its potential to contribute to world development. The book holistically presents Master Haengchon’s insights through vivid stories, philosophical essays, numerous illustrations, audio recordings of Confucian chanting, recommendations for further reading, and, new to the second edition, poems inspired by Confucian classics about ideals for an opening of the world to wellbeing and justice for all peoples. There are two recordings of chants included as supplemental files in this record. Each has been made available in.wav format and.mp3 format. The files in the.mp3 format are much smaller and suitable for downloading in situations where bandwidth is restricted. The ebook is available here on ResearchGate. But for access to the ebook and associated audio files, search the University of Kansas Libraries ScholarWorks website. (shrink)

In a world befuddled by the concept of ‘fake news’, where words like ‘post-truth’ are common parlance, it is essential that we consider exactly what we think we know, what we do not and how we come to acquire such knowledge. The analysis of truth should come from an unbiased perspective and be critical of the various shibboleths that we take to heart. Appearance and Inference aims to identify the nonsense in as many knowledge-related platitudes or false assumptions as possible (...) in just over a hundred pages. Intentionally short and aphoristic, Appearance and Inference will undoubtedly provoke debate, whether or not its readers have previously considered the nature of knowledge. It is also expected to excite its academically astute readers to develop some of the analyses further. It aims to encourage the reader to think through a number of difficult matters and to exercise their own judgment, instead of supplying answers in a pre-packaged form. Inspired by the aphoristic philosophical style of philosophers such as Wittgenstein and Nietzsche, this is a book on the theory of knowledge, written by a philosopher who has had the benefit of a scientific and forensic training. It is designed for both the professional philosopher and the general reader. (shrink)

Perceptual experience is often said to be transparent; that is, when we have a perceptual experience we seem to be aware of properties of the objects around us, and never seem to be aware of properties of the experience itself. This is a introspective fact. It is also often said that we can infer a metaphysical fact from this introspective fact, e.g. a fact about the nature of perceptual experience. A transparency theory fills in the details for these two facts, (...) and bridges the gap between them. We have three aims: to scrutinize Michael Tye’s transparency theory :137–151, 2002; Consciousness revisited: materialism without phenomenal concepts, MIT Press, Cambridge, 2009; Philos Stud 170:39–57, 2014a), introduce a new transparency theory, and advance a meta-theoretical hypothesis about the interest, and import, of transparency theories. (shrink)

It is tempting to interpret Marilyn Strathern as saying that the concept of nature is a social construction, because in her essay “No Nature, No Culture: the Hagen Case” she tells us that the Hagen people do not describe the world using this concept. However, I point out an obstacle to interpreting her in this way, an obstacle which leads me to reject this interpretation. Interpreting her in this way makes her inconsistent. The inconsistency is owing to a commitment that (...) she shares with previous British anthropologists, a commitment which points to an incompatibility between two intellectual traditions. (shrink)

According to the iterative conception of set, each set is a collection of sets formed prior to it. The notion of priority here plays an essential role in explanations of why contradiction-inducing sets, such as the Russell set, do not exist. Consequently, these explanations are successful only to the extent that a satisfactory priority relation is made out. I argue that attempts to do this have fallen short: understanding priority in a straightforwardly constructivist sense threatens the coherence of the empty (...) set and raises serious epistemological concerns; but the leading realist interpretations---ontological and modal interpretations of priority---are deeply problematic as well. I conclude that the purported explanatory virtues of the iterative conception are, at present, unfounded. (shrink)

This is a sketch of the basis and role of consciousness and the minimally required elements and constraints of any setting that may produce consciousness. It proposes that consciousness (as we know it) is a biologically-mediated product of evolved recursive and hierarchically nested representational systems that obey information theoretic principles and Bayesian (probabilistic) feedback and feedforward predictive modeling processes.

In a world befuddled by the concept of ‘fake news’, where words like ‘post-truth’ are common parlance, it is essential that we consider exactly what we think we know, what we do not and how we come to acquire such knowledge. The analysis of truth should come from an unbiased perspective and be critical of the various shibboleths that we take to heart. Appearance and Inference aims to identify the nonsense in as many knowledge-related platitudes or false assumptions as possible (...) in just over a hundred pages. Intentionally short and aphoristic, Appearance and Inference will undoubtedly provoke debate, whether or not its readers have previously considered the nature of knowledge. It is also expected to excite its academically astute readers to develop some of the analyses further. It aims to encourage the reader to think through a number of difficult matters and to exercise their own judgment, instead of supplying answers in a pre-packaged form. Inspired by the aphoristic philosophical style of philosophers such as Wittgenstein and Nietzsche, this is a book on the theory of knowledge, written by a philosopher who has had the benefit of a scientific and forensic training. It is designed for both the professional philosopher and the general reader. (shrink)

Can a reason to believe testimony derive from the addressee’s trust itself or only from reliability in the speaker that the trust perhaps causes? I aim to cast suspicion on the former view, defended by Faulkner, in favor of the latter – despite agreeing with Faulkner’s emphasis on the second-personal normativity of testimonial assurance. Beyond my narrow disagreement with Faulkner lie two broader issues. I argue that Faulkner misappropriates Bernard Williams’s genealogy of testimony when he makes use of Williams’s genealogical (...) argument in his own preferred assurance view of testimony. Though Williams doesn’t clearly articulate it, there is a deep reason why Williams’s genealogy cannot underwrite an argument for trust-based testimonial reasons. Can a genealogical argument underwrite any version of the assurance view? I sketch an assurance view of testimonial reasons that rejects Faulkner’s thesis that such reasons could be grounded in trust. Then I examine what it would take for that assurance view to receive genealogical vindication. (shrink)

This is a conjecture about the conditions and operating structures that are required for the phenomenality of certain mental states. Specifically, full-blown phenomenality is assumed, as contrasted with constrained examples of phenomenal experience such as sensations of color and pain. Propositional attitudes and content, while not phenomenal per se, are standardly concurrent and may condition phenomenal states (e.g., when tied to false beliefs). It is conjectured that full phenomenality natively arises in coherent processes of situated sensory synthesis and representation (with (...) conceptual content) that are looped, mereologically whole and multi-dimensional. And that phenomenal states are typically phase-states within a parameterized conjoint structure of world and experiencer processes that are causally modulated across Markov blankets (which are conditionally independent and may be nested: cf. M. Kirchoff, et. al., 2017, 2018; and T. Burge, 2010, re: anti-individualism). Though they may, it is not accepted that phenomenally conscious states must be targets of higher-order representations (cf. A. Byrne, 2004). (shrink)

Topics include sources of schematic effects on memory; the M. Ross and M. Conway model; E. R. Hirt's model of reconstructive memory; and moderators of the relative weighting of expectancy vs memory trace.

This paper treats two questions about the relation between trust and the will. One question, about trust, is whether you can trust ‘at will.’ Can you trust despite acknowledging that you lack evidence of the trustee’s worthiness of your trust? Another question, about the will, is whether you can exercise your will at all without trust – at least, in yourself. I treat the second question as a guide to the first, arguing that the role of trust in the will (...) reveals how you can trust at will. The key lies in distinguishing two ways of being responsive to evidence. On the one hand, you cannot trust someone – whether another person or your own earlier self – whom you judge unworthy of your trust. On the other hand, trust does not require a positive assessment of trustworthiness. I thus take issue with Pamela Hieronymi’s analysis of trust as a “commitment-constituted attitude.” Your trust is indeed constrained by your responsiveness to evidence of untrustworthiness, but you need undertake no commitment akin to or involving a judgment that the trustee is trustworthy. We can see why trust is not a commitment-constituted attitude by seeing how trust itself plays a role in forming a commitment. (shrink)

How far, if at all, do our intrapersonal and our interpersonal epistemic obligations run in parallel? This paper treats the question as addressing the stability of doxastic commitment in the two dimensions. In the background lies an analogy between doxastic and practical commitment. We’ll pursue the question of doxastic stability by coining a doxastic analogue of Gregory Kavka’s much-discussed toxin case. In this new case, you foresee that you will rationally abandon a doxastic commitment by undergoing a shift in the (...) context in which you doxastically deliberate. The case reveals an important stability condition on doxastic commitment that plays no role in cases modeled on Ulysses and the Sirens, the scenario that has shaped previous attempts to draw an analogy between doxastic and practical commitment. The stability condition thereby revealed is not diachronic -- it does not involve a shift in belief -- but we can construct specifically diachronic cases that reveal an important intrapersonal epistemic obligation. This obligation arises when you expect the shift in belief by ‘projecting’ yourself into a future doxastic context -- thus vindicating a restricted, but only this restricted, application of Bas van Fraassen’s Reflection Principle. Despite some important differences, we can use these diachronic cases as a model for interpersonal cases that reveal an important role for doxastic context in the epistemology of disagreement. But the roles played by projection and context in disagreement ensure that there is no general obligation to be responsive to the opinion of an epistemic peer who disagrees with you. (shrink)

This essay explores the possibility of constructing a structural realist interpretation of spacetime theories that can resolve the ontological debate between substantivalists and relationists. Drawing on various structuralist approaches in the philosophy of mathematics, as well as on the theoretical complexities of general relativity, our investigation will reveal that a structuralist approach can be beneficial to the spacetime theorist as a means of deflating some of the ontological disputes regarding similarly structured spacetimes.

Practical commitment is Janus-faced, looking outward toward the expectations it creates and inward toward their basis in the agent’s will. This paper criticizes Kantian attempts to link these facets and proposes an alternative. Contra David Velleman, the availability of a conspiratorial perspective (not yours, not your interlocutor’s) is what allows you to understand yourself as making a lying promise – as committing yourself ‘outwardly’ with the deceptive reasoning that Velleman argues cannot provide a basis for self-understanding. Moreover, the intrapersonal availability (...) of such a third perspective is what enables you to commit yourself ‘inwardly.’ Here I offer an alternative to Christine Korsgaard’s account of practical commitment, on which committing yourself requires identifying yourself with a principle. You needn’t identify yourself with a principle, I argue, because the unity at which you aim when you commit yourself is a unity not with your acting self but with a later perspective, where the relation is one of self-intelligibility, not self-justification, and therefore needn’t be mediated by principles. This ‘twice-future’ perspective – neither your present intending nor your (once-)future acting but a third perspective that looks back on that relation – plays the intrapersonal role played in interpersonal commitment by potential co-conspirators. Kantians are therefore right to link your ability to commit yourself with your ability credibly to express that commitment to others. But the linkage generates a strikingly unKantian result. The nature of agency cannot provide an apriori basis for honesty because what enables you to commit yourself is what also enables you to lie. (shrink)

This essay examines Hobbes’ philosophy of space, with emphasis placed on the variety of interpretations that his concept of imaginary space has elicited from commentators. The process by which the idea of space is acquired from experience, as well as the role of nominalism, will be offered as important factors in tracking down the elusive content of Hobbes’ conception of imaginary space.

This paper examines Descartes' problematic relational theory of motion, especially when viewed within the context of his dynamics, the Cartesian natural laws. The work of various commentators on Cartesian motion is also surveyed, with particular emphasis placed upon the recent important texts of Garber and Des Chene. In contrast to the methodology of most previous interpretations, however, this essay employs a modern "spacetime" approach to the problem. By this means, the role of dynamics in Descartes' theory, which has often been (...) neglected in favor of kinematic factors, is shown to be central to finding a solution to the puzzle of Cartesian motion. (shrink)

How must you think about time when you form an intention? Obviously, you must think about the time of action. Must you frame the action in any broader prospect or retrospect? In this essay I argue that you must: you thereby commit yourself to a specific prospect of a future retrospect – a retrospect, indeed, on that very prospect. In forming an intention you project a future from which you will not ask regretfully, referring back to your follow-through on that (...) intention, “What on earth was I thinking?” I argue that this broader attitude expresses the self-accountability necessary for practical commitment. (shrink)

Plotinus’ famous treatise against the Gnostics (33), together with contemporary and thematically related treatises on Intelligible Beauty (31), on Number (34), and on Free Will and the Will of the One (39), can be seen as providing the essential components of a Plotinian defense of polytheism against conceptual moves that, while associated for him primarily with Gnostic sectarians overlapping with Platonic philosophical circles, will become typical of monotheism in its era of hegemony. When Plotinus’ Gnostics ‘contract’ divinity into a single (...) God, they not only devalue the cosmos for its multiplicity and diversity, but also multiply intelligible principles unreasonably. This is because they have foreclosed the distinction, which is to become increasingly explicit in the later antique Platonists, between the intelligible and that which is given existentially, the domain belonging to Plotinus’ indeterminate multiplicity of ‘intelligible Gods’, as opposed to the dialectically determinate number of intelligible principles. Plotinus is prescient in recognizing that incipient monotheism threatens to erase the distinction between philosophy and theology, and between both of these and psychology, the final outcome of which can only be solipsism or nihilism. The defense of polytheism is seen in this fashion to be essential to the preservation of the space for philosophical discourse. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

This paper investigates the question of, and the degree to which, Newton’s theory of space constitutes a third-way between the traditional substantivalist and relationist ontologies, i.e., that Newton judged that space is neither a type of substance/entity nor purely a relation among such substances. A non-substantivalist reading of Newton has been famously defended by Howard Stein, among others; but, as will be demonstrated, these claims are problematic on various grounds, especially as regards Newton’s alleged rejection of the traditional substance/accident dichotomy (...) concerning space. Nevertheless, our analysis of the metaphysical foundations of Newton’s spatial theory will strive to uncover its unique and innovative characteristics, most notably, the distinctive role that Newton’s “immaterialist” spatial ontology plays in his dynamics. (shrink)

This essay explores the vexed issue of individual corporeal substance in Descartes' natural philosophy. Although Descartes' often referred to individual material objects as separate substances, the constraints on his definitions of matter and substance would seem to favor the opposite view; namely, that there exists only one corporeal substance, the plenum. In contrast to this standard interpretation, however, it will be demonstrated that Descartes' hypotheses make a fairly convincing case for the existence of individual material substances; and the key to (...) this new found individuation is a long neglected set of passages in the Principles of Philosophy. (shrink)

My paper discusses the philosophical interrelationship between perfection, truth, and knowledge. The connection that exists between these three concepts underscores the argument of my paper that they are all one and the same thing. -/- The concepts of perfection, truth and knowledge are analysed in that order. I analyse perfection and demonstrate the practicalities of my arguments. Truth is then scrutinized and defined to illustrate its intimate relationship with perfection leading to the conclusion that knowledge being ‘truth that is perfect’. (...) -/- In dealing with the theory of knowledge, I take into account the justification of knowledge and highlighted arguments that I found to be insufficient. I derive a premise to refute and replace both the traditional and contemporary views of knowledge. -/- In the paper presented, I consider views of some prominent philosophers including; Locke, Russell, Plato, Aristotle and Leibniz. (shrink)

This paper investigates Newton’s ontology of space in order to determine its commitment, if any, to both Cambridge neo-Platonism, which posits an incorporeal basis for space, and substantivalism, which regards space as a form of substance or entity. A non-substantivalist interpretation of Newton’s theory has been famously championed by Howard Stein and Robert DiSalle, among others, while both Stein and the early work of J. E. McGuire have downplayed the influence of Cambridge neo-Platonism on various aspects of Newton’s own spatial (...) hypotheses. Both of these assertions will be shown to be problematic on various grounds, with special emphasis placed on Stein’s influential case for a non-substantivalist reading. Our analysis will strive, nonetheless, to reveal the unique or forward-looking aspects of Newton’s approach, most notably, his critical assessment of substance ontologies, that help to distinguish his theory of space from his neo-Platonic contemporaries and predecessors. (shrink)

Among the most popular strategies for justifying political obligations are those that appeal to the principle of fairness. These theories face the challenge, canonically articulated by Robert Nozick, of explaining how it is that persons are obligated to schemes when they receive goods that they do not ask for but cannot reject. John Simmons offers one defense of the principle of fairness, arguing that people could be bound by obligations of fairness if they voluntarily accept goods produced by a cooperative (...) scheme. Simmons, however, thinks that such a theory will do little work in justifying political obligations, since virtually no one voluntarily accepts state goods. This paper attempts to advance just such a theory by arguing that states are in fact genuine cooperative schemes and that Simmons is overly pessimistic in his appraisal of whether the majority of citizens accept the goods provided by their states. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)