In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...) and community values, institutional separation of law from morals, intricate regimes of legislation and adjudication, and a culture of rampant litigation. He rejects the alienation of individuals, from each other and from their communities, that is so easily bred within highly complex political and legal systems. An understanding of his approach to some of the classic questions of legal theory provides insight not only into some central ideas of his own thought, but also into the roots of critical and communitarian critiques of law. (shrink)

This paper searches early Greek texts (Homer, Herakleitos, Parmenides, Plato) for the genesis of the idea of the individual mind or soul as a unitary site of consciousness, and explores the relation of this genesis to the first monetisation in history. Money simultaneously promotes the isolated autonomy of the individual and provides a model (the unification of diversity by semi-abstract substance) that shapes both the unity of individual consciousness and the presocratic conception of the cosmos as constituted by a single (...) semi-abstract substance. The argument confirms and develops the importance accorded by Alfred Sohn-Rethel to the ‘real abstraction’ of commodity-exchange in the origins of Greek philosophy. (shrink)

This paper argues that the language of rights cannot express distinctively ecofeminist insights into the treatment of nonhuman animals and the environment. An alternative is proposed in the form of a politicized ecological ethic of care which can express ecofeminist insights. The paper concludes with consideration of an ecofeminist moral issue: how we choose to understand ourselves morally in relation to what we are willing to count as food. "Contextual moral vegetarianism" represents a response to a politicized ecological ethic of (...) care. (shrink)

Recent debates concerning the nature of epistemic justification primarily turn on two distinctions: the objective-subjective distinction and the internal-external distinction. John Pollock has defended a view that is both internalist and subjectivist. He has provided a novel, naturalized account of epistemic justification. In this paper, I argue that data from cognitive psychology and biology is radically at odds with Pollock's project.

In a reading of René Descartes's The Passions of the Soul, Luce Irigaray explores the possibility that wonder, first of all passions, can provide the basis for an ethics of sexual difference because it is prior to judgment, and thus nonhierarchical. For Descartes, the passion of generosity gives the key to ethics. I argue that wonder should be extended to other differences and should be combined with generosity to form the basis of an ethics.

This article is an analysis of the Internet as a mnemonic system and an assessment of its debt to and impact upon the classical tropes of memory established by Plato in the dialogue Meno.

This article articulates the Hippocratic medical ethic found in the Oath and the Christian medical ethic as exemplified in the parable of the Good Samaritan. It proposes that the Oath has a natural-law-based deontological character (as understood by Aquinas) that governs friendships of utility (as understood by Aristotle) between student and teacher and physician and patient. The article elaborates on the Samaritan’s conduct as exemplifying Christian agapeic-love. It contrasts agapeic-love with friendship-love, while noting that the Samaritan relies on friendship-love (as (...) found between the Samaritan and the innkeeper) to realize agapeic-love towards the robbers’ victim. It concludes with noting that the grace-based Christian medical ethic perfects the nature-based Hippocratic ethic not by destroying it, but, rather, by employing it. (shrink)

The moral potential of works of art, for good or ill, has been recognised from philosophical antiquity: on the assumption that the moral effects of art are invariably negative, Plato advised the exclusion of artists from any rationally ordered state. Arguably, however, the problem of the moral status of art has become yet more acute in contexts of post-Romantic and other modern artistic exploration of moral ambiguity, and even of some apparent contemporary celebration of the immoral and amoral. Indeed, some (...) tension between commitment to liberal-democratic openness and freedom, on the one hand, and fear about the potential literary and artistic corruption of the young, on the other, is evident in latter-day moralistic trends in children’s literature. However, in the light of some basic exploration of conceptual relationships between the artistic, the aesthetic and the moral, this paper argues that such moralising trends in particular and arguments for artistic censorship in general are mostly wrongheaded and unsustainable. (shrink)

It is arguable that some of the most profound and perennial issues and problems of philosophy concerning the nature of human agency, the role of reason and knowledge in such agency and the moral status and place of responsibility in human action and conduct receive their sharpest definition in Plato's specific discussion in the Republic of the human value of physical activities. From this viewpoint alone, Plato's exploration of this issue might be considered a locus classicus in the philosophy of (...) sport. Indeed, it is in this place that Plato offers a highly distinctive account of the value of physical education in terms of its vital contribution to the development of a part of the soul that he characterises in terms of ?spirit?, ?energy? and/or ?initiative?. Drawing on more recent work in ethics and philosophy of action, this paper sets out to revisit and evaluate Plato's argument. While concluding that Plato's case ultimately flounders on fundamental uncertainty regarding the logical role of spirit in the explanation of agency, the paper concludes that there is much to be learned ? in the philosophy of sport and elsewhere ? from the instructive failures of Plato's argument. (shrink)

There appear to be various respects in which the outdoor environment has been regarded as significant for education in general and moral education in particular. Whereas some educationalists have considered the environment to be an important site of character development, others have regarded attention to conservation and sustainable development as pressing moral educational concerns in a world of widespread human environmental abuse. The following paper argues that approaches to environmental education that proceed by way of character education or environmental ethics (...) may yet fall short of the central goal of promoting intrinsic appreciation of nature and the outdoors, and explores an alternative strategy focused on exposure to the arts. (shrink)

One clear reason why human agents often act badly is because they are insufficiently attentive to moral considerations and concerns, or tempted to ignore these in pursuit of more immediate satisfactions. In so far as madness, insanity or mental instability may be regarded as undermining moral agency, it might also be supposed that such madness attaches more to the non-moral than the moral reasons or motives of agents. Still, the well-known quote from Chesterton at the start of this paper may (...) give pause to conventional thought on this matter. With reference to the ideas of Plato and Freud, as well as attention to literary and cinematic "case studies," this paper argues that moral reasons and motives – of an apparently Chestertonian kind – may be a prime source of morally "insane" conduct. (shrink)

In the contemporary literature of educational philosophy and theory, it is almost routinely assumed or claimed that 'education' is a 'contested' concept: that is, it is held that education is invested – as it were, 'all the way down' - with socially constructed interests and values that are liable to diverge in different contexts to the point of mutual opposition. It is also often alleged that post-war analytical philosophers of education such as R. S. Peters failed to appreciate such contestability (...) in seeking a single unified account of the concept of education. Following a brief re-visitation of Peters' analytical influences and approach and some consideration of recent 'post-analytical' criticisms of analytical educational philosophy on precisely this score, it is argued that much of the case for the so-called 'contestability' of education rests on a confusion of different concepts with different senses of 'education' that proper observance of well-tried methods of conceptual analysis easily enables us to avoid. (shrink)

David Miller has demonstrated to the satisfaction of a variety of philosophers that the accuracy of false quantitative theories is language dependent (cf. Miller 1975). This demonstration renders the accuracy-based mode of comparison for such theories obsolete. The purpose of this essay is to supply an alternate basis for theory comparison which in this paper is deemed the knowledge-based mode of quantitative theory comparison. It is argued that the status of a quantitative theory as knowledge depends primarily on the soundness (...) of the measurement procedure which produced the theory; such soundness is invariant, on my view, under Milleresque translations. This point is the basis for the linguistic invariance of knowledgelikeness. When the aim of science is not construed simply in terms of the truthlikeness or accuracy of theories, but in terms of the knowledge such theories embody, Miller's language dependence problem is overcome. One result of this analysis is that the possibility of objective scientific progress is restored, a possibility that Miller's analysis has prima facie defeated. (shrink)

ABSTRACTIn this paper, I question the orthodox position that true belief is a fundamental epistemic value. I begin by raising a particularly epistemic version of the so-called “value problem of knowledge” in order to set up the basic explanandum and to motivate some of the claims to follow. In the second section, I take aim at what I call “bottom-up approaches” to this value problem, views that attempt to explain the added epistemic value of knowledge in terms of its relation (...) to a more fundamental value of true belief. The final section is a presentation of a value-theoretic alternative, one that explains the value problem presented in the first section while also doing justice to intuitions that may cause us to worry about bottom-up approaches. In short, knowledge and not mere true belief is a fundamental epistemic value as it is the constitutive goal of propositional inquiry. (shrink)

Social play is naturally characterized in intentional terms. An evolutionary account of social play could help scientists to understand the evolution of cognition and intentionality. Alexander Rosenberg (1990) has argued that if play is characterized intentionally or functionally, it is not a behavioral phenotype suitable for evolutionary explanation. If he is right, his arguments would threaten many projects in cognitive ethology. We argue that Rosenberg's arguments are unsound and that intentionally and functionally characterized phenotypes are a proper domain for ethological (...) investigation. (shrink)

This paper argues that there were women involved with philosophy on a fairly constant basis throughout Greek antiquity. It does so by tracing the lives and where extant the writings of these women. However, since the sources, both ancient and modern, from which we derive our knowledge about these women are so sexist and easily distort our view of these women and their accomplishments, the paper also discusses the manner in which their histories come down to us as well as (...) the histories themselves. It discusses in detail the following women: the Pythagorean women philosophers of the 6th and 5th centuries B.C., Aspasia and Diotima of the 5th century B.C., Arete, Hipparchia, Pamphile and the women Epicureans-all from the 4th century B.C. the five logician daughters of a famous Stoic philosopher of the 3rd century B.C., and finally Hypatia who lived in the 4th century A.D. (shrink)

The question that I address in this paper is whether there is a right to privacy. It is not the question whether in the United States there is a legal right to privacy or, more particularly, a constitutional right to privacy. There are any number of ordinary legal rights and specific constitutional rights that might be so described, and the U.S. Supreme Court has referred also to a generic “right to privacy” that is implicit in the U.S. Constitution. Nor is (...) the question that I address whether persons have a moral claim to privacy that others ought to respect. I assume that in many circumstances, respecting a person's claim to privacy is productive of the good and, if so, that the claim ought to be respected. Rather, my question is whether persons have a right to privacy not dependent on positive law, such that it ought ordinarily to be respected without regard to the consequences, good or bad, simply because it is right. (shrink)

We often read Plato’s cave allegory for its trajectory: out of darkness into light. The back of the cave—where imagination projects fantasies onto shadows—is a place to flee. This part of the allegory reduces reality testing to thought or imagining, ignoring action and the people or things engaged. Yet thinkers prominent in our time—Immanuel Kant and W. V. O. Quine—suppose that our experience of the world is that of the cave’s prisoners: we too mistake fantasies for reality. This is an (...) odd stance when practical life and science—beliefs informed by action and experiment—are better tests of reality than their arguments for world‐making. (shrink)

David Hume (1711–1776) described the question of liberty and necessity as ‘the most contentious question of metaphysics, the most contentious science’ (Hume [1748] 1975, p. 95). He was right about it being contentious. Whether it is metaphysical is another matter. I think that what is genuinely metaphysical is an assumption that Hume, and a good many other philosophers, make in their treatment of the question. The assumption is about language and reality. I call it ‘the conformity assumption’. But more about (...) that shortly. Let us begin at the obvious beginning, by considering what the terms ‘liberty’ and ‘necessity’ mean in the expression ‘liberty and necessity’. (shrink)

David Hume (1711–1776) described the question of liberty and necessity as ‘the most contentious question of metaphysics, the most contentious science’ (Hume [1748] 1975, p. 95). He was right about it being contentious. Whether it is metaphysical is another matter. I think that what is genuinely metaphysical is an assumption that Hume, and a good many other philosophers, make in their treatment of the question. The assumption is about language and reality. I call it ‘the conformity assumption’. But more about (...) that shortly. Let us begin at the obvious beginning, by considering what the terms ‘liberty’ and ‘necessity’ mean in the expression ‘liberty and necessity’. (shrink)

As a rule we treat people as responsible for what they do. We admonish them if they behave badly, praise them if they do well. We punish people. And we reward them.There are exceptions, of course. For example, we do not punish someone for doing something he has been compelled to do, perhaps by having a gun in his back. And we even recognize such a thing as psychological compulsion, as in the case of kleptomania.

As a rule we treat people as responsible for what they do. We admonish them if they behave badly, praise them if they do well. We punish people. And we reward them.There are exceptions, of course. For example, we do not punish someone for doing something he has been compelled to do, perhaps by having a gun in his back. And we even recognize such a thing as psychological compulsion, as in the case of kleptomania.

This article defends a conception of philosophy popular outside the discipline but unpopular within it: that philosophy is unified by a concern with the meaning of life. First, it argues against exceptionalist theses according to which philosophy is unique among academic disciplines in not being united by a distinctive subject matter. It then presents a positive account, showing that the issue of the meaning of life is uniquely able to reveal unity between the practical and theoretical concerns of philosophy, while (...) meeting a range of desiderata for a typical specification of subject matter. After showing how recent analytic work on “the meaning of life” has conflated the traditional question with issues of social meaningfulness, it offers an explanation of why the traditional question has become marginalised in philosophy. The reasons are not good, however, so it concludes that philosophy should embrace its popular image. (shrink)

. This paper questions nearly every major point Christina Lafont makes about “the validity of social norms” and their relation to moral realism and Kantian constructivism. I distinguish realisms from theories of objective or subjective knowledge, then from cognitivism. Next, I distinguish Kant and constructivism from Rawls' political constructivism. Finally, I propose clues for an alternative theory of moral constructivism.

This paper examines one particular problem of values in cloud computing: how individuals can take advantage of the cloud to store data without compromising their privacy and autonomy. Through the creation of Lockbox, an encrypted cloud storage application, we explore how designers can use reflection in designing for human values to maintain both privacy and usability in the cloud.

Mathematics used to be portrayed as a deductive science. Stemming from Polya, however, is a philosophical movement which broadens the concept of mathematical reasoning to include inductive or quasi-empirical methods. Interest in inductive methods is a welcome turn from foundationalism toward a philosophy grounded in mathematical practice. Regrettably, though, the conception of mathematical reasoning embraced by quasi-empiricists is still too narrow to include the sort of thought-experiment which Mueller describes as traditional mathematical proof and which Lakatos examines in Proofs and (...) refutations. This paper extends the concept of mathematical reasoning along two further dimensions to accommodate thought-experiment.Keywords: Thought-experiment; Informal proof; Mathematical reasoning. (shrink)

Law clings to rules to stabilize a preferred normative reality. But rules never suffice. Character is the dark matter of law. Ethos anthropos daimon. “Character is fate.” This paradoxically reversible saying by the ancient Greek philosopher Heraclitus asserts that we are defined by the daimon – the god or messenger angel – with which we identify most. As Plato queried in the Phaedrus: which god do you follow, whose love claims you? In contemporary terms we might say, what character type, (...) what emotional ideal, what deep story do you hold most sacred? Out of the maelstrom that is the state of exception, choices must be made. What emotional field shall we occupy when we do politics and law? Bound by what sovereign values or ideals, embodied within what sort of character, emplotted in what sort of political or legal narrative? In synergy with culture, character plays out the emotional conflicts and aspirations of the time. Whether we witness this in the mostly silent resistance of unassimilable characters like Barnardine in Shakespeare’s Measure for Measure or in the silent prayer of nineteen-year-old Emma Gonzalez, in public protest against uncontrolled gun violence in American schools, we are all called upon, as citizens in public life, to occupy an emotional space that attains centrality within deep narratives that vie for political dominance. Reverse engineering liberal society, we might ask: what emotional and character ideals are optimal in order for a particular kind of political society to arise and be sustained? There is a reciprocal relationship between the sovereign authority of law and the character ideals that express a capacity and willingness to accept that authority. What will the configuration be? Addressing this question constitutes the ethical, esthetic, and epistemological calling of our time. (shrink)

Six "divine conjectures" frame the place of Theóne (The One to Whom we pray) in the creation of our universe and for its continuing development in five subsequent stages into a loving universe. The first stage, the cosmological universe, establishes the laws of nature, understood by scientists as the "standard model". The second stage introduces life and death into the universe by a process we are only now beginning to understand. Stage 3 requires certain life forms to become conscious with (...) a subset of those life-forms acquiring language that results in that subset becoming self-conscious. The next stage, Conjecture 4, identifies certain persons who become addicted to learning in their unrelenting effort to learn as much of what can be known as possible. The fifth conjecture requires individual persons to act as agents of Theóne in achieving Conjecture 6—a universe that is both loving and lawful. During the course of the exposition subsidiary discussions of the concepts of conjecture and hypothesis explicate the function of each in the advancement of knowledge and understanding. There are brief discussions of prayer and purpose in relation to the Divine. (shrink)

The paper argues that everyday ethical expertise requires an openness to an experience of self-doubt very different from that involved in becoming expert in other skills—namely, an experience of profound vulnerability to the Other similar to that which Emmanuel Levinas has described. Since the experience bears a striking resemblance to that of undergoing cross-examination by Socrates as depicted in Plato’s early dialogues, I illustrate it through a close reading of the Euthyphro, arguing that Euthyphro’s vaunted “expertise” conceals a reluctance to (...) submit himself to the basic process of self-redefinition that results from learning the limits of one’s knowledge. I show how the dialogue itself models the disruptive experience of selfquestioning that leads to moral maturity, providing further evidence that expertise has an important non-cognitive element, as well as casting doubt on the ethical value of seeking “definitions” of the virtues. (shrink)

We present a computational analysis of de re, de dicto, and de se belief and knowledge reports. Our analysis solves a problem first observed by Hector-Neri Castañeda, namely, that the simple rule -/- `(A knows that P) implies P' -/- apparently does not hold if P contains a quasi-indexical. We present a single rule, in the context of a knowledge-representation and reasoning system, that holds for all P, including those containing quasi-indexicals. In so doing, we explore the difference between reasoning (...) in a public communication language and in a knowledge-representation language, we demonstrate the importance of representing proper names explicitly, and we provide support for the necessity of considering sentences in the context of extended discourse (for example, written narrative) in order to fully capture certain features of their semantics. (shrink)

I defend these claims: (1) 'Pleasure' has exactly one English antonym: 'unpleasure.' (2) Pleasure is the most convincing example of an organic unity. (3) The hedonic calculus is a joke. (4) An important type of pleasure is background pleasure. (5) Pleasures in bad company are still good. (6) Higher pleasures aren't pleasures (and if they were, they wouldn't be higher). Thesis (1) merely concerns terminology, but theses (2)-(6) are substantive, evaluative claims.

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...) civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...) of modern constitution‐making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution‐making and the impossibility of constituting systems of “pure” law, morality, and politics. (shrink)

The prequel to this paper has discussed the relation between knowledge and skill and introduced the topic of the relationship between skill and know how. This sequel continues the discussion. First, I survey the recent debate on intellectualism about knowing how (§1-3). Then, I tackle the question as to whether intellectualism (and anti-intellectualism) about skill and intellectualism (and anti-intellectualism) about know how fall or stand together (§4-5).

In this article I compare and contrast Hannah Arendt’s and Stanley Cavell’s understandings of critique, focusing in each case upon the role played in it by skepticism. Both writers are decisively influenced by the later Heidegger’s thought that thinking as such is, first, the necessary turn to a practice adequate to our situation and, second, something that we shun. They also share the desire to take up this Heideggerian thought in Kantian terms: what is at stake is critical thinking. It (...) is here, however, that they part ways, with Arendt insisting that critique is as incompatible with skepticism as it is with dogmatism, and Cavell insisting that skepticism is the central moment within critique. Arendt’s attempt to ban skepticism from critique forces her into the contradictory position of at once denying and affirming the role of dogma in critical thinking. Cavell, in contrast, is able to shed light consistently upon the question of how citizens might best respond to the new – a task, ironically, that is a... (shrink)

This article is primarily concerned with the philosophical problems that arise out of a consideration of painting. By painting I mean of course not any kind of application of paint to a surface – house painting for instance – but painting as an art, to use Richard Wollheim's phrase. Since Plato, philosophy has intermittently been concerned with these problems, and over the past 30 years, painting has come under a new focus as philosophy of art has increasingly turned its attention (...) to the issues that arise from particular art forms. I will also draw on some ideas developed in art history and theory, which have a suitably philosophical, that is, general or foundational, character. There are many philosophical issues that arise equally from painting and other art forms, but for just this reason, they are best addressed in a broader cross-art-form context, and I will mostly avoid dealing with them here. Instead, I will focus on issues that arise solely or with a special force from a consideration of painting. It will be helpful to roughly arrange these in two categories. The first is representation; the second is form. We shall see that these categories are difficult to keep separate with regard to painting and overlap at various points. (shrink)