In his 1975 paper “The Meaning of ‘Meaning’”, Hilary Putnam famously argued for semantic externalism. Little attention has been paid, however, to the fact that already in 1973, Putnam had presented the idea of the linguistic division of labor and the Twin Earth thought experiment in his comment on Wilfrid Sellars’s “Meaning as Functional Classification” at a conference, and Sellars had replied to Putnam from a broadly inferentialist perspective. The first half of this paper aims to trace the development of (...) Putnam’s semantic externalism, situate his debate with Sellars in it, and reconstruct the two arguments he presented against Sellars. The second half of this paper aims to reconstruct how Sellars replied to Putnam. I argue that Sellars not only accepts the social character of language but also suggests how inferentialists can accommodate the contribution of the world. Sellars’s key idea is that substance terms have a “promissory note aspect” which is to be cashed out in a successor conceptual framework. I reconstruct Sellars’s position as ideal successor externalism, and compare it with temporal externalism. (shrink)

According to social externalism, it is possible to possess a concept not solely in virtue of one’s intrinsic properties but also in virtue of relations to one’s linguistic community. Derek Ball (2009) argues, in effect, that (i) social externalism extends to our concepts of colour experience and (ii) this fact undermines both the knowledge argument against physicalism and the most popular physicalist response to it, known as the phenomenal concept strategy. I argue that Ball is mistaken about (ii) even granting (...) (i). The knowledge argument and the phenomenal concept strategy might have to be modified to make them consistent with social externalism, but not in fundamental or detrimental ways. (shrink)

The contemporary debate between scientific realism and anti-realism is conditioned by a polarity between two opposing arguments: the realist’s success argument and the anti-realist’s pessimistic induction. This polarity has skewed the debate away from the problem that lies at the source of the debate. From a realist point of view, the historical approach to the philosophy of science which came to the fore in the 1960s gave rise to an unsatisfactory conception of scientific progress. One of the main motivations for (...) the scientific realist appeal to the success of science was the need to provide a substantive account of the progress of science as an increase of knowledge about the same entities as those referred to by earlier theories in the history of science. But the idea that a substantive conception of progress requires continuity of reference has faded from the contemporary debate. In this paper, I revisit the historical movement in the philosophy of science in an attempt to resuscitate the original agenda of the debate about scientific realism. I also briefly outline the way in which the realist should employ the theory of reference as the basis for a robust account of scientific progress which will satisfy realist requirements. (shrink)

This paper concerns the problem of moral luck—the fact that our moral judgements appear to depend, perhaps unjustifiably, on matters of luck. The history and scope of the problem are discussed. It is suggested that our result-sensitive sentiments have their origin in views about moral pollution we might now wish to reject in favour of a volitionalist ethics.

Theodicy, the enterprise of searching for greater goods that might plausibly justify God’s permission of evil, is often criticized on the grounds that the project has systematically failed to unearth any such goods. But theodicists also face a deeper challenge, one that places under question the very attempt to look for any morally sufficient reasons God might have for creating a world littered with evil. This ‘anti-theodical’ view argues that theists (and non-theists) ought to reject, primarily for moral reasons, the (...) project of ‘justifying the ways of God to men’. Unfortunately, this view has not received the serious attention it deserves, particularly in analytic philosophy of religion. Taking my cues from such anti-theodicists as Kenneth Surin, D.Z. Phillips and Dostoyevsky’s Ivan Karamazov, I defend several reasons for holding that the way of thinking about God and evil enshrined in theodical discourse can only add to the world’s evils, not remove or illuminate them. (shrink)

Introduction: Foucault and political philosophy -- Marx: antinormative critique -- Lenin: the invention of party governmentality -- Althusser: the failure to denormativise Marxism -- Deleuze: denormativisation as norm -- Rorty: relativising normativity -- Honneth: the poverty of critical theory -- Geuss: the paradox of realism -- Foucault: the lure of neoliberalism -- Conclusion: What now?

Torin Alter (2013) attempts to rescue phenomenal concepts and the knowledge argument from the critique of Ball 2009 by appealing to conceptual mastery. I show that Alter’s appeal fails, and describe general features of conceptual mastery that suggest that no such appeal could succeed.

In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...) of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity. (shrink)

In this paper I will discuss Kims powerful explanatory exclusion argument against the causal efficacy of mental properties. Baker and Burge misconstrue Kims challenge if they understand it as being based on a purely metaphysical understanding of causation that has no grounding in an epistemological analysis of our successful scientific practices. As I will show, the emphasis on explanatory practices can only be effective in answering Kim if it is understood as being part of the dual-explanandum strategy. Furthermore, a fundamental (...) problem of the contemporary debate about mental causation consists in the fact that all sides take very different examples to be paradigmatic for the relation between psychological and neurobiological explanations. Even if we should expect some alignment in the explanatory scope of neurobiology and psychology/folk-psychology, there is no reason to expect that all mental explanations are exempted by physical explanations, since they do not in general explain the same phenomena. (shrink)

Smith's views on moral luck have attracted little attention in the relevant contemporary literature on this subject.* More surprising, perhaps, the material in the secondary literature directly concerned with Smith's moral philosophy is rather thin on this aspect of his thought. In this paper my particular concern is to provide an interpretation and critical assessment of Smith on moral luck. I begin with a description of the basic features of Smith's position; then I criticize two particularly important claims that are (...) fundamental to his position; and I conclude with an examination of the significance of Smith's discussion in relation to the contemporary debate. * There is some change in this situation since this paper was originally published. (shrink)

Most professional societies, scientific associations, and the like that undertake to write a code of ethics do so using other codes as models but without much (practical) guidance about how to do the work. The existing literature on codes is much more concerned with content than procedure. This paper adds to guidance already in the literature what I learned from participating in the writing of an important code of ethics. The guidance is given in the form of “rules” each of (...) which is explained and (insofar as possible) justified. The emphasis is on procedure. (shrink)

Following the pattern set by the early German Romantics, Kierkegaard conveys many of his insights through literature rather than academic prose. What makes him a valuable member of this tradition is the theory he develops to support it, his so-called “theory of indirect communication.” The most exciting aspect of this theory concerns the alleged importance of indirect communication: Kierkegaard claims that there are some projects only it can accomplish. This paper provides a critical account of two arguments Kierkegaard offers in (...) defense of this claim. The first argument is that he needs to use indirect communication in order to discourage people from losing themselves in the “crowd”. The second argument is that he needs to use it in order to help people out of a “monstrous illusion”. It is shown that while both arguments justify Kierkegaard’s decision to use indirect communication, neither one supports the original claim about its indispensability. (shrink)

Can one consistently (i) be a positivist, and (ii) think that the internal attitude to the law is a moral attitude? Two objections are raised in the literature. The first is that the combination is straight-out contradictory. The second is that if the internal attitude is a moral attitude, those who take it cannot be positivists. Arguments from Shiner, Goldsworthy and Raz are examined. It is concluded that neither objection works. The arguments are based on scope errors, conflations of what (...) is said with what is implicated, and a false view of the distinction between detached and committed statements. (shrink)

Although the volume of the surviving papers of Robert Boyle is substantial (over 20,000 leaves), a considerable amount of the written material left by Boyle at his death in 1691 has not survived in the Boyle archive. This paper gauges the scale and identity of these losses using the surviving inventories made by the Rev. Henry Miles in the 1740s when he was collecting and sorting Boyle's literary remains in conjunction with Thomas Birch's preparation of his 1744 Life and Works (...) of Boyle. These detailed lists (edited as appendices to this paper), together with other sources, indicate losses due to a variety of reasons, some deliberate, others accidental. The losses involved the disposal of both items judged (in the eighteenth century) to be peripheral to Boyle's archive and, ironically, those in the most finished state from Boyle's hand, which were perhaps abortively destined for the Birch edition. These losses have significantly altered the character of the Boyle Papers, and thus the view of Boyle that is derived from them. (shrink)

In our article we try to approximate to the topic of Spanish romanticism and the cosmovision of Gustavo Adolfo Bécquer in particular. We evaluate the role of universal romantic symptom – the feeling of loneliness in Bécquer’s Rimas and observe how his poetic world is linked to the existensial vision of Miguel de Unamuno.

This paper argues that the reading of Althusser which finds a pronounced continuity in his conception of the relations among science, philosophy, and politics is the correct one, this essay will begin with an examination of Althusser’s “scientism.” The meaning of this term (one that differs slightly from contemporary usages) will be specified before showing how and in what way Althusser’s political philosophy between 1960 and 1980 can be described as “scientistic.” The next section details the important political role Althusser (...) assigned to the sciences and particularly to the science of historical materialism during this period. This accomplished, the arguments of interpreters who emphasize the apparent difference in Althusser’s attitude towards science before and after 1980 will be considered. Here, possible reasons for such a reading will be rehearsed. Next, with the support of recently published and archival documents, this essay will engage in a close and comparative reading of Althusser’s texts from the 1970s and 1980s that have as their subject the relations among philosophy, science, and politics. This survey will show the continuity in Althusser’s position vis-à-vis the sciences: namely, that if we want good (i.e. desired) socio-politico-economic changes to result from our political actions, then it is necessary to engage in social scientific research or, at the very least, to consult such research and to use this knowledge in our political decision making. All this serves to support the conclusion that Althusser’s “new” political philosophy from the 1980s is not really so new. On the contrary, his writings on the materialism of the encounter and aleatory materialism represent prolongations and elaborations of positions and ideas already developed in the 1960s and 1970s and that include a mostly consistent understanding of the relations between scientific knowledge and political action. This is true even if the rhetorical and philosophical style in which these ideas are put forth in the 1980s differs from the ways in which these ideas were introduced during the prior two decades. (shrink)

In this chapter I investigate the prospects of integrated history and philosophy of science, by examining how philosophical issues raised by “hidden entities”, entities that are not accessible to unmediated observation, can enrich the historical investigation of their careers. Conversely, I suggest that the history of those entities has important lessons to teach to the philosophy of science. Hidden entities have played a crucial role in the development of the natural sciences. Despite their centrality to past scientific practice, however, several (...) of them (e.g., phlogiston, caloric, and the ether) turned out to be fictitious. For this reason, they have figured prominently in recent debates on scientific realism. The issues I explore in this paper are entangled with those debates. I argue that our understanding of hidden entities and their role in experimental practice can be enhanced by adopting an integrated historical-cum-philosophical approach. On the one hand, philosophical reflection on the reality of those entities has a lot to gain by examining historically how they were ntroduced and investigated. On the other hand, the historical reconstruction of the careers of those entities may profit from philosophical reflection on their existence. (shrink)

(First paragraph.) Different views on the relation between phenomenal reality, the world as we consciously experience it, and noumenal reality, the world as it is independent from an experiencing subject, have different implications for a collection of interrelated issues of meaning and reality including aspects of metaphysics, the philosophy of language, and philosophical methodology. Exploring some of these implications, this paper compares and brings together analytic, continental, and Buddhist approaches, focusing on relevant aspects of the philosophy of Donald Davidson, Jacques (...) Derrida, Dharmakīrti, and Dōgen. Prima facie, these philosophers have little in common, and indeed the differences are vast. Even in case of the two Western thinkers there is a fundamental difference between Davidson’s anti-dualist identification of phenomenal, experienced reality with the noumenal, real, external world on the one hand, and the bracketing or elimination of noumenal reality at the base of Derrida’s thought on the other, which lead to radically different ideas with regards to (the possibility and nature of) objectivity and our linguistic access to the real/external/noumenal world. Nevertheless, there are important similarities between Dharmakīrti’s theory of apoha and Davidson’s and Derrida’s theories of triangulation and différance respectively, and these similarities can be exploited to bridge some of the differences and attempt a constructive engagement. (shrink)

This article addresses a number of issues relevant to the interpretation of the Enlightenment raised by Jonathan Israel in his recent book, Enlightenment Contested. After a brief summary of the main points of the book it considers whether, as Israel claims, the core of the Enlightenment is a materialist monist metaphysic first fully articulated by Spinoza, and whether it is convincing to make materialism and atheism the main criteria of Enlightenment thought. The argument that Spinoza and Pierre Bayle should be (...) seen as co-founders of the Enlightenment is also examined. The article further questions the cogency of the sharp distinction drawn between the moderate and radical wings of the movement, and seeks to determine whether the model of radicalism used by Israel has the consistency ascribed to it, whether it was as widely disseminated as claimed, and whether thinkers described as radical argued and wrote as Israel's model of radicalism would lead us to expect. (shrink)

On one standard view, paraphrasing Kierkegaard requires no special literary talent. It demands no particular flair for the poetic. However, Kierkegaard himself rejects this view. He says we cannot paraphrase in a straightforward fashion some of the ideas he expresses in a literary format. To use the words of Johannes Climacus, these ideas defy direct communication. In this paper, I piece together and defend the justification Kierkegaard offers for this position. I trace its origins to concerns raised by Lessing and (...) Mendelssohn about the relationship between form and content in works of art. I maintain that Kierkegaard follows early German Romantic thinkers in applying these aesthetic concerns to philosophical writing. By way of conclusion, I discuss the implications of Kierkegaard’s position for contemporary scholarship. (shrink)

The essay reviews how phenomenological psychology can draw on Edmund Husserl's transcendental phenomenology in order to clarify the foundations of the cultural sciences and then explicates the theory of this psychology implicit in Schutz's oeuvre. Max Weber has shown that all phenomena of the socio-cultural world originate in social interaction and can be referred to it. According to him, it is the central task of sociology to understand the meaning which the actor bestows on his action. But what is action, (...) what is meaning, and how is the understanding of such meaning by a fellow-man possible, be he a partner of the social interaction, or merely an observer in everyday life, or a social scientist? I submit that any attempt to answer these questions leads immediately to questions with which Husserl was concerned and which he has to a certain extent solved. (shrink)

Thomas S. Kuhn is famous both for his work on the Copernican Revolution and his ‘paradigm’ view of scientific revolutions. But Kuhn later abandoned the notion of paradigm in favour of a more ‘evolutionary’ view of the history of science. Kuhn’s position therefore moved closer to ‘continuity’ models of scientific progress, for instance ‘chain-of-reasoning’ models, originally championed by D. Shapere. The purpose of this paper is to contribute to the debate around Kuhn’s new ‘developmental’ view and to evaluate these competing (...) models with reference to some major innovations in the history of cosmology, from Copernicanism to modern cosmology. This evaluation is made possible through some unexpected overlap between Kuhn’s earlier discontinuity model and various versions of the later continuity models. It is the thesis of this paper that the ‘chain-of-reasoning’ model accounts better for the cosmological evidence than both Kuhn’s early paradigm model and his later developmental view of the history of science. (shrink)

Wright's _Truth and Objectivity_ seeks to systematise a variety of anti-realist positions. I argue that many objections to the system are avoided by transposing its talk of truth into talk of warrant. However, a problem remains about debates involving 'direction-of-fit'. -/- Dummett introduced 'anti-realism' as a philosophical view informed by mathematical intuitionism. Subsequently, the term has been associated with many debates, ancient and modern. _Truth and Objectivity_ proposes that truth admits of different characteristics; these various debates then concern which characteristics (...) truth has, in a given area. This pluralism of truth is at odds with deflationism. I find fault with Wright's argument against deflationism. However, transmission of warrant across the Disquotational Schema suffices to ground Wright's proposal, which survives as a pluralism of classes of warrant. -/- The two main debates concern whether truths are always knowable (Epistemic Constraint) and whether disagreements in an area must be down to some fault of one of those involved (Cognitive Command). I introduce Assertoric Constraint, relating to Epistemic Constraint, where truths cannot outstrip the availability of warrant for their assertion. I solve a structural problem by a comparison with a constitutive analysis of Moore's Paradox. The relativism of blameless disagreement is problematic. Wright's response invokes a sort of ignorance which he calls `Quandary'. I criticise this before proposing an alternative. -/- I agree with Wright that Dummett's original anti-realism does not belong among the positions which Wright seeks to systematise. However, two candidates show that the proposal suffers a weakness. Wright thinks Expressivism misguided, and implicitly rules out his earlier non-cognitivism about necessity. I argue that Expressivism has promise, and I endorse Wright's Cautious Man argument for non-cognitivism about necessity; both involve play with `direction-of-fit'. I conclude that this sort of anti-realist debate needs to be accommodated by the proposal. (shrink)

In 1697, the Presbyterian, William Bates, presented an address, on behalf of some dissenting ministers, to William of Orange. In this, he called for measures against the Socinians and Deists, and, in particular, for the banning of the publication of Socinian works. Bates' address was published in JOHN HOWE, Sermon Preech'd on the Day of Thanksgiving (1698). On 17th February, 1698, the House of Commons presented an address to the King, We do further, in all humility, beseech Your Majesty, that (...) Your Majesty would give such effectual order, as to Your Royal Wisdom shall seem fit, for the suppressing all pernicious books and pamphlets, which contain in them impious doctrines against the Holy Trinity, and other fundamental articles of our Faith, tending to the subversion of the Christian Religion; and that the authors and publishers thereof may be discounted and punished.The statute 9 and 19 William III, c. 32, An Act for the more effectual suppressing of Blasphemy and Profaneness, accepted these requests. It prohibited the writing, publishing and teaching of doctrines that were contrary to the Trinity, Christian truth or the divine authority of the Old and the New Testaments.It should be noted that the Toleration Act of 1689 does not extend tolerance to, amongst others, those who deny the dogma of the Trinity. It was not until 1813 that the Unitarians were free to practise their cult. The Trinity Act (An Act to relieve persons who impugn the Doctrine of the Holy Trinity from certain Penalties. 53 Geo. III, c. 160) of that year exempted the Unitarians from the penalties laid down by the Toleration Act and by the Blasphemy Act quoted above. (shrink)

ABSTRACTBenjamin Vaughan had a passion for anonymity. This is the first attempt to provide a full list of his many and significant contributions to intellectual life and letters in the last quarter of the eighteenth century. No attempt has been made to unveil Vaughan’s scientific writings, and only two of his productions after emigrating to the United States are here included, in both cases because they relate to his earlier writings. After coming to the United States, Vaughan renounced further involvement (...) in the affairs of Europe. (shrink)

My aim is to relate Søren A. Kierkegaard’s early theory of stages as described basically in “Either-Or” to the theory of interest underlying the two process model of cognition of the Canadian psychologist Keith E. Stanovich with regard to the question of the highest formal goal we can pursue in our life. On the basis of Stanovich’s distinction between type 1 and type 2 processing and Kierkegaard’s distinction between an esthetical and an ethical stage of life, I argue for an (...) extension of Stanovich’s understanding of the goal structure of type 2 processing, for Kierkegaard’s ethical stage of life being a natural expression of our cognitive faculties and for a critical approach to Kierkegaard's idea of a religious stage as hinted at in “Fear and Trembling”. (shrink)

This paper reviews the contribution of Hannah Arendt's 1963 monograph, On Revolution, to the theme of this collection: “contestatory cosmopolitanism.” I am critical of normative interpretations of the text that treat it as a wholesale rejection of the French revolutionary tradition and as a tribute either to American constitutionalism, in more liberal readings, or to the council system of direct democracy, in more radical readings. I read it against this doctrinal grain as a dialectical analysis of the modern revolutionary tradition (...) as a whole. I argue that it is more productive for our own purposes and more faithful to Arendt's own approach to read the book as an exploration of the developmental forms of the modern revolutionary tradition, beginning with the “perplexities” present in the modern concept of revolution and then moving on to the more applied and practical “perplexities” involved in the realization of the concept: first in the French Revolution, then in the American Revolution and finally in.. (shrink)

Drawing on Deleuze’s ‘Postscript on Control Societies’, our initial focus in this article will be on the role of institutions within societies of control, an analysis which brings Deleuze into the orbit of Ervin Goffman’s famous ethnographic work on total institutions. This cross-comparative analysis of Deleuze and Goffman will allow us to show how institutions of control function by sequencing ‘dividuals’ across institutional domains in a continual process of totalization. Inspired by James Williams’s recent work on the ‘process philosophy of (...) signs’, we then argue that a critique of totalizing institutions can be positively articulated as a process-oriented challenge to algorithmic technologies and as a counter-sequencing of institutional control. We conclude with some reflections on the emergent modes of resistance that challenge both institutional and technological control, and we will proffer criteria for assessing such practices in relation to the two-sided nature of critique they enact, both processual and counter-sequential. (shrink)

This issue of Contemporary Chinese Thought features seven articles, all from the April 1999 issue of Dushu [Reading]. That month marked the 20th birthday of the review. No special "anniversary number" was published on that occasion, but the April 1999 issue ran two commemorative articles filled with reminiscences of people and events representative of the history of the publication. Besides, a number of the remaining articles were by regular contributors, and the topics they addressed were quite typical of the magazine.

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

This article seeks to address current debates comparing polls and opinion mining as empirically based figuration models of public opinion in the light of in-depth intellectual debates on the role and nature of public opinion that began after the French Revolution and the controversy over public opinion spurred by the invention of polls. Issues of historical quantification and re-conceptualisation of public opinion are addressed in four parts. The first summarises the history of the rise and fall of the concept of (...) public opinion. The second re-examines the key controversies in the debates on the theoretical, empirical and social implications and consequences of the invention of polling. The third part scrutinises the datafication of public opinion that started with polling industry and continues in the age of big data and data mining. The final section discusses the controversial potentials of opinion-mining technology and suggests ways in which social scientists could critically respond to the big data and opinion-mining challenges in order to reintegrate the ideas of publicness, the public and public sphere into public opinion research. (shrink)

Kuhn uses the distinction between `(simple) seeing', and `seeing as' in order to claim that among competing paradigms there cannot be found any middle (experiential) ground; nothing `same' can be located behind such radically different paradigm-worlds. He claims that scientists do not see a common something as this thing at one time and as that thing at another. Each time scientists simply see what they see. To claim the contrary is to claim that scientists arrive at their paradigmatic experiences of (...) the world due to an interpretation of something `same' beyond the paradigms,and Kuhn rejects this. The question of whether a common ground can be found behind two or more different paradigmatic world-views relates to many issues in philosophy of science and in general epistemology (e.g., realism-idealism, relativism-objectivism, etc.). As a first approach to these, in this paper I examine the presuppositions of Kuhn's claim, its consistency in the exposition, and its overall viability. I conclude that the actual way in which Kuhn refers to the historical examples he examines undermines his explicit thesis. But also the paradox he himself recognizes in his thought that `though the world does not change with a change of paradigm, the scientists afterward works in a different world' can be solved only if we start to think seriously about the necessity and nature of a `same in the different' behind the competing paradigmatic world-experiences. (shrink)

Rachel Scarborough King’s Writing to the World: Letters and the Origins of Modern Print Genres offers a fascinating investigation into the culture of letter-writing in the long eighteenth century,...

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. (...) Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

Llamamos “conocimiento fenoménico” al conocimiento de nuestras experiencias conscientes: al saber cómo es tener una determinada experiencia. Los conceptos fenoménicos son aquellos asociados a este conocimiento y refieren, de modo introspectivo y directo, a las propiedades fenoménicas de nuestras experiencias. El papel que juegan estos conceptos es esencial en la filosofía de la mente contemporánea en la medida que muchos de sus defensores creen que una explicación adecuada de su naturaleza nos permitirá disipar un sinfín de rompecabezas epistemológicos (sobre la (...) relación de los individuos con sus estados fenoménicos) y metafísicos (que giran en torno a la naturaleza de la consciencia). Estos problemas son dos caras de la misma moneda y una respuesta a uno conlleva, necesariamente, implicaciones para el otro. Mi objetivo en este artículo es ofrecer una introducción al papel que desempeñan los conceptos fenoménicos en el debate metafísico en torno a la naturaleza de la consciencia. En especial, esta exposición se centra en la Estrategia de los Conceptos Fenoménicos, una de las respuestas fisicistas a los argumentos dualistas cuya conclusión es que no es posible acomodar una explicación de la consciencia en un marco fisicista. Para ello, en §1 describo la tesis central del fisicismo y presento uno de los más célebres argumentos en su contra: el argumento del conocimiento. Enseguida, en §2 expongo qué son los conceptos fenoménicos y en qué difieren de otro tipo de conceptos, en §3 explico el modus operandi de la Estrategia de los Conceptos Fenoménicos en respuesta a los retos dualistas señalados en §1, y en §4 menciono algunas de las objeciones más frecuentes en contra de esta estrategia. Finalmente, en §5 hago una síntesis de los puntos esenciales discutidos en este artículo. (shrink)

Thesis (Ph. D.)--University of Hawaii at Manoa, 1991.

In this paper the author addresses Ronald Dworkin’s work and assesses his legacy to legal, moral and political philosophy. And so, considers among its merits having developed an original legal theory with its distinctive methodology, which not only has transcended the Natural Law and Legal Positivism dichotomy, but also has reintegrated law into a branch of political morality and defended as a corollary the one right answer thesis. Hence, commences by identifying the dworkininan challenge; continues by introducing some basic definitions (...) and distinctions between jurisprudence, legal philosophy and legal theory , on the one hand, and its relationship to methodology, on the other hand; later by pointing out the main methodologies available to legal theories, following the distinctions between descriptive and prescriptive or normative, on one side, and, general and particular, on the other; then by revisiting Dworkin’s model, which he characterizes as constructive, interpretive , evaluative and integrative; and, concludes by reconsidering in this light the one right answer thesis. (shrink)

This thesis is primarily concerned with the relationship between realism in philosophy and in social science. I attempt to expound and defend two principal arguments; first, that a realist approach in philosophy is a precondition of understanding science as a rational activity; secondly, that only a realist approach to the understanding of social phenomena seems to offer hope for developing an account of social inquiry based on scientific principles. However, these two arguments are developed by way of a critical analysis (...) of the realist view in relationship to some of its major rivals. Consequently, as well as my realist exposition of Marx's methodology of science outlined in chapters five and six, where I argue that only a dialectico-causal interpretation of historical materialism seems to meet the requirements of an historical science, there is a chapter on Weber's methodology and a section on other approaches to social science stating my case against the attempt to found social inquiry on alternative cognitive foundations. In addition, the argument against non-realist views of social science is extended to the critique of Marxism itself especially in the context of the theories of Colletti and Althusser contained in chapter 4. (shrink)

Beginning with an examination of the process whereby punishment turns its point of application from body to subject, and its scene of application from public to private -- as Foucault outlines in Discipline and Punish -- this paper attempts to complicate Foucault’s thesis of a shift from corporeal visibility to invisibility as it appears in his account of the withdrawal of punishment from a public, spectacular domain into the no less public yet private sphere of the prison by attending to (...) the transformations of spectacle itself which accompanied this process of disembodiment. The embodied spectacle of punishment -- the state’s theatre of cruelty -- gave way to a disembodied discursive explosion of images of crime and punishment, and this process can be traced through the texts of Bentham and Dickens. Foucault’s dichotomy between the spectacle of public punishment and the disciplinary, non-spectacular prison overlooks the importance of images of crime and punishment which come to pervade public discourse and imagination as part of the installation of the disciplinary régime. Spectacularizing entails a move from the specific, embodied singularity of spectacle to the condition of a generalized, disembodied, and continual insistence: it is this that constitutes and characterizes the shift from spectacular sovereignty to disciplinary surveillance. This spectacularizing is akin to the spectre: “some ‘thing’ that remains difficult to name: neither soul nor body, and both one and the other”. The spectre haunting the nineteenth century was the criminal, and that century’s rationalizing of crime and punishment was based upon a fear of the spectral itself. (shrink)

The dissertation explores William James's conception of the self and his belief in the possibility of immortality. In The Divided Self of William James, James scholar Richard M. Gale argues that James unwittingly advanced two incompatible types of selves: a self-assertive "Promethean" self who maximizes desire-satisfaction and a passive mystic self who favors conceptless, mystical intuition. I argue that Gale's dichotomy of James is incorrect and that James's conception of the self is better understood through his growing belief in the (...) possibility of immortality. I develop this idea by considering relevant aspects of both James's personal and philosophical development. I discuss the personal crises of James's youth as well as the dilemmas he encountered as his philosophy evolved. I argue that one of the keys to understanding James's conception of the self was his long-term involvement with psychic research and his association with the psychic medium Leonora Piper. These interactions compelled James to envision possibilities for the self beyond this life. In the final analysis, I believe my alternative account to Gale results in a more accurate and unified understanding of James, i.e., one in which the possibility of immortality played a central role in James's evolving vision of the self. (shrink)

Three fundamental claims are defended in this dissertation. First, the influence of Hume's epistemological program and his skepticism with respect to causal knowledge have hindered the development of an adequate theory of scientific explanation. Second, Hume's conception of causal knowledge is outdated, and knowledge of causation should be relieved of the special epistemological burden placed on it by Hume's followers. Finally, once relieved of this Humean epistemological burden, the causal theory of scientific explanation is superior to alternatives lying in the (...) tradition of Humean positivism. ;Humean positivism places severe constraints on theories of scientific explanation, and its influence on extant theories is reviewed. Recent positivist theories of scientific explanation are discussed critically, and are shown to suffer serious difficulties. Particular attention is paid to recent pragmatic theories and to Kitcher's unificationist theory. ;The causal theory of scientific explanation is developed through an examination of theories of causation. Traditional views , recent statistical theories, and Salmon's theory of causation are rejected in favor of Cartwright's thesis that causal laws are best understood as capacity ascriptions. The essential features of scientific explanations are then outlined: most prominent are the ascription of causal capacities and the description of causal interactions. The philosophical benefits of the causal theory are also summarized. ;Common objections to causal theories of explanation are treated. Of central importance is Hume's skeptical argument. Once Hume's conception of causal knowledge is modernized, however, his arguments yield no skepticism particular to the knowledge of causation: causal knowledge is as defensible as are more respectable types of empirical knowledge. Other important objections are also reviewed. ;Finally, historical studies of two well-known explanatory controversies--the Jensen-Lewontin debate concerning the heritability of IQ, and a dispute about the nature of cosmic radiation--are presented. Positivist theories of scientific explanation can account for neither the origin nor the manner of resolution of these controversies. In contrast, the causal theory of explanation is shown to illuminate the controversies successfully. This success offers additional evidence in favor of the causal theory of scientific explanation. (shrink)