This paper challenges the first Gettier counterexample to the tripartite account of knowledge. Noting that 'the man who will get the job' is a description and invoking Donnellan's distinction between their 'referential' and 'attributive' uses, I argue that Smith does not actually believe that the man who will get the job has ten coins in his pocket. Smith's ignorance about who will get the job shows that the belief cannot be understood referentially, his ignorance of the coins in his pocket (...) shows that it cannot be understood attributively. An explanation for why Smith appeared to have justified true belief is given by distinguishing between 'belief' and 'belief in truth'. Smith believes the sentence 'the man who will get the job has ten coins in his pocket' to be true (he mistakenly believes that Jones will get the job, of whom he knows that he has ten coins in his pocket) (hence his 'belief'), the sentence is true (hence 'truth'), and he has sufficient reason to assent to it (hence his 'justification'). But he does not believe the proposition expressed. Hence he does not know it either. (shrink)

The recent #metoo movement has turned public attention to the problem of sex under conditions of power inequality. Is consent impaired, when you have plenty to lose (e.g. a great professional opportunity) from saying “no” to a sexual advance? And even if consent is valid, is this a morally acceptable situation, especially if one party is aware that their position of relative power will influence the other’s decision to have sex? Such situations bring to the fore not only the issues (...) of coerced sex and quid pro quo harassment (asking for sex in exchange for benefits), but the much more controversial question of whether sex between unequal but otherwise competent consenting adult partners is in principle OK—and whether institutions such as companies, universities, or the state itself should be in the business of regulating such relations. In what follows, I will outline the central concept of power asymmetry and its ethical relevance (section 2). I will then distinguish two main views about the ethics of sexual interaction under conditions of power asymmetry: a Kantian view, which categorically condemns such interactions, and a Millian view, which justifies at least some such interactions (section 3). I then briefly consider three contexts, which raise difficult questions about sex between unequals: the workplace, the university (section 4), and voluntary prostitution (section 5). Section 6 provides a short conclusion. (shrink)

The article re-visits the different scholarly approaches to Hegel's end-of-art scenario, and then proposes a new reading whereby ending and finitude are presented as essential features of beautiful art. The first and most determinant of art's endings is the death of the Christly art object, not representations of Christ, but the actual death of (the son of) God himself as the last classical artwork. The death of God represents the last word in Greco-Roman art, the accomplishment of the beautiful individuality (...) and its failure to present the Absolute in a singular, naturally infected, lively, human (made) form. The ending of art brings about a new form of the sacred: the representational language of revelatory religion. The ongoing production of modern artistic forms is a feature of actuality ("Wirklichkeit") and as such is condemned to an infinite approximation of what has been. Such actuality nonetheless "ends" in the ironic discourse of contemporary artistic expression, which Hegel qualifies as a "Vereitelung". The final realization of the beautiful art form, as a human-informed singularity embodying absolute content, may well be the Encyclopedia of Philosophical Sciences, whose performative iteration takes place in the form of "worship" practiced in the modern, state university. (shrink)

Our culture is conflicted about morally judging and condemning. We can't avoid it altogether, yet many layfolk today are loathe to do it for reasons neither they nor philosophers well understand. Their resistance is often confused (by themselves and by theorists) with some species of antiobjectivism. But unlike a nonobjectivist, most people think that (a) for us to judge and condemn is generally (objectively) morally wrong , yet (b) for God to do so is (objectively) proper, and (c) so too (...) for certain persons in certain relations (e.g., self-condemnation, parental child rearing.) Certainly, religious (e.g., Christian) critics of judging and condemning without doubting the objective truth of their tradition's core moral teachings. Most puzzling is that (a) merely judging and condemning in one's heart may be improper, and (b) someone else with no more evidence or expertise might properly judge and condemn the same action. The answer is in condemning's complex structure of presuppostions. Condemning and judging are acts, and attitudes initiated by the act. Condemnation is motivated by two judgments presumed to justify it, a criticism of a target, and a judgment that the criticism justifies some negative response toward the target. Unlike nonpunitive penalties, punishments are motivated and explained by condemnation. Condemnation is an act of a hostile will, wishing some evil for its target, not (just) as a means to some good. Its root is in damning, an act akin to cursing. It declares a degraded status. The hostility makes it harder to justify condemnation than criticism, and punishment than nonpunitive penalties. Condemning claims objectivity and authority. It involves reflexive evaluation, regarding itself justified, approving its hostile feelings toward the target. Condemners presume themselves entitled to sit in judgment, pass judgment, and cast the condemned down. Those presumptions inhere in sitting in judgment, assuming jurisdiction. Unlike mathematical or scientific judgments, passing moral judgment seems to be a political act subject to extraepistemic constraints. "Who are you to judge?" may properly challenge your right to pass judgment. (shrink)

The “right intention” requirement, in the form of a requirement that the agent must have a justified true belief that the mind-independent conditions of the justification to use force are fulfilled, is not an additional criterion, but one that constrains the interpretation of the other criteria. Without it, the only possible interpretation of the mind-independent criteria is purely objectivist, that is, purely fact-relative. Pure objectivism condemns self-defense and just war theory to irrelevance since it cannot provide proper action guidance: it (...) is impractically demanding. This means that “revisionist” just war theories which base their doctrine of the moral inequality of combatants on the idea that objective justification defeats liability are irrelevant for the real world, where objective justification is virtually inaccessible. Moreover, only the right intention requirement in the form of a knowledge requirement, as opposed to requiring “good intentions” or “acceptable motivations,” can solve this problem. (shrink)

Research in the psychology of deception detection implies that Fricker, in making her case for reductionism in the epistemology of testimony, overestimates both the epistemic demerits of the antireductionist policy of trusting speakers blindly and the epistemic merits of the reductionist policy of monitoring speakers for trustworthiness: folk psychological prejudices to the contrary notwithstanding, it turns out that monitoring is on a par (in terms both of the reliability of the process and of the sensitivity of the beliefs that it (...) produces) with blind trust. The consequence is that while (a version of) Fricker’s argument for the necessity of a reduction succeeds, her argument for the availability of reductions fails. This does not, however, condemn us to endorse standard pessimistic reductionism, according to which there is no testimonial knowledge, for recent research concerning the methods used by subjects to discover deception in non-laboratory settings suggests that only a more moderate form of pessimism is in order. (shrink)

How can we think or say what is not? If we equate what-is-not with nothing, then a thought of nothing is no thought at all; if we don’t, we are condemned to admit that what-is-not is, seemingly incurring in self-refutation. In this paper, I address this paradox through the lenses of Parmenides, Plato, Russell, and the early Wittgenstein.

Taking Anthropogenic global warming as its framing example this paper develops an ethics of inquiry and public discourse influenced by Rawlsian public reason. The need to embrace scientific fact during civil discourse on topics of moral and political controversy is stressed as an ethical mandate. The paper argues: (1) ethicists have a moral obligation to recognize scientific consensus when relevant to ethical discussions. (2) The failure to condemn science denialism when it interferes with the public’s understanding of ethical issues is (...) itself a moral failure (especially in an educational setting). (3) The endorsed ethics of inquiry and public discourse encourages epistemic virtues that are desirable among members of a pluralistic society. (shrink)

I here press an often overlooked question: Why does the fairness of a sanction require an adequate opportunity to avoid it? By pressing this question, I believe I have come to better understand something that has long puzzled me, namely, what philosophers (and others) might have in mind when they talk about “true moral responsibility,” or the “condemnatory force” of moral blame, or perhaps even “basic desert.” In presenting this understanding of “condemnation” or of “basic desert,” I am presenting an (...) idea that I do not, myself, endorse—one to which I am, myself, opposed. I present and defend it, hoping that, if what I say accurately captures what people have in mind, it will also show how condemnation or desert, in this sense, can be left behind. (shrink)

Beyond Dordt and ‘De Auxiliis’ explores post-Reformation inter-confessional theological exchange on soteriological topics including predestination, grace, and free choice. These doctrines remained controversial within confessional traditions after the Reformation, as Dominicans and Jesuits and later Calvinists and Arminians argued about these critical issues in the Augustinian theological heritage. Some of those involved in condemning Arminianism at the Synod of Dordt (1618-1619) were inspired by Dominican followers of Thomas Aquinas in Spain who had recently opposed the vigorous defense of free choice (...) by Jesuit Molinists in the Congregatio de auxiliis (1598-1607). This volume, appearing on the 400th anniversary of the closing of the Synod of Dordt, brings together a group of scholars working in fields that only rarely speak to one another to address these theological debates that cross geographical and confessional boundaries. (shrink)

If there is an area of discourse in which disagreement is virtually absent, it is mathematics. After all, mathematicians justify their claims with deductive proofs: arguments that entail their conclusions. But is mathematics really exceptional in this respect? Looking at the history and practice of mathematics, we soon realize that it is not. First, deductive arguments must start somewhere. How should we choose the starting points (i.e., the axioms)? Second, mathematicians, like the rest of us, are fallible. Their ability to (...) recognize whether a putative proof is correct is not infallible. In most cases, disagreement over the correctness of a putative proof is, however, evanescent. Once an error is spotted and communicated, the disagreement disappears. But this is not always the case. Sometimes it is recalcitrant; that is, it persists over time. In order to zoom in on this type of disagreement and explain its very possibility, we focus on a single case study: a decades-long (1921-1949) controversy between Federigo Enriques and Francesco Severi, two prominent exponents of the Italian school of algebraic geometry. We suggest that the instability of the mathematical community to which they belonged can be explained by the gap between an abstract criterion of rigor and local criteria of acceptability. It is this instability that made the existence of recalcitrant disagreement over putative proofs possible. We do not condemn speculative mathematics but rather its pretense of being rigorous mathematics. In this respect, we show that the overly self-confident Severi and the more intuitive, visionary Enriques had a completely different attitude. (shrink)

Grace A. de Laguna was an American philosopher of exceptional originality. Many of the arguments and positions she developed during the early decades of the twentieth century later came to be central to analytic philosophy. These arguments and positions included, even before 1930, a critique of the analytic-synthetic distinction, a private language argument, a critique of type physicalism, a functionalist theory of mind, a critique of scientific reductionism, a methodology of research programs in science and more. Nevertheless, de Laguna identified (...) herself as a defender of the speculative vision of philosophy, a vision which, in her words, “analytic philosophy condemns.” I outline her speculative vision of philosophy as well as what is, in effect, an argument she offers against analytic philosophy. This is an argument against the view that key parts of established opinion, e.g., our best theoretical physics or most certain common sense, should be assumed to be true in order to answer philosophical questions. I go on to bring out the implications of her argument for the approaches to philosophy of Bertrand Russell, Willard V. Quine and David Lewis, and I also compare the argument to recent, related arguments against analytic philosophy. I will suggest that de Laguna offers a viable critique of analytic philosophy and an alternative approach to philosophy that meets this critique. (shrink)

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive (...) law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

In this article, I explore how researchers’ metaphysical commitments can be conducive—or unconducive—to progress in animal cognition research. The methodological dictum known as Morgan’s Canon exhorts comparative psychologists to countenance the least mentalistic fair interpretation of animal actions. This exhortation has frequently been misread as a blanket condemnation of mentalistic interpretations of animal behaviors that could be interpreted behavioristically. But Morgan meant to demand only that researchers refrain from accepting default interpretations of (apparent) actions until other fair interpretations have been (...) duly considered. The Canon backfired largely because of Morgan’s background metaphysical commitment to a univocal, hierarchical, and anthropocentric account of cognitive architecture. I make the case that, going forward, comparative psychologists would do well to pair judicious use of Morgan’s Canon with an openness to the existence of non-humanlike animal minds comprising phenomena belonging to distinct cognitive and folk psychological ontologies. And I argue that this case gives us pragmatic reason to reconcile deep—e.g., psychofunctionalist—and superficial—e.g., dispositionalist—approaches to the metaphysics of belief. (shrink)

Many contemporary democratic theorists are democratic egalitarians. They think that the distinctive value of democracy lies in equality. Yet this position faces a serious problem. All contemporary democracies are representative democracies. Such democracies are highly unequal: representatives have much more power than do ordinary citizens. So, it seems that democratic egalitarians must condemn representative democracies. In this paper, I present a solution to this problem. My solution invokes popular control. If representatives are under popular control, then their extra power is (...) not objectionable. Unfortunately, so I argue, in the United States representatives are under loose popular control. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

It is plausible to suppose that the normativity of evaluative (e.g., moral and epistemic) judgments arises out of and is, in some sense, dependent on our actual evaluative practice. At the same time, though, it seems likely that the correctness of evaluative judgments is not merely a matter of what the underlying practice endorses and condemns; denial of this leads one into a rather objectionable form of relativism. In this paper, I will explore a social practice account of normativity according (...) to which normativity is grounded in our actual social practice of evaluation. I will show how this account allows normativity to be dependent on our actual evaluative practice, while allowing the correctness of evaluative judgments to be independent of this practice in important ways, and how the resulting temporal logic of reasons gives us a conception of morality and other sorts of evaluative discourse that is not historically local. (shrink)

Against the common understanding that the Ethics promotes a "radical anti-emotion program," I claim that Spinoza describes an immanent transformation of love from a form of madness to an expression of wisdom. Love as madness produces the affects that another tradition unites in the seven deadly sins, such as lust, gluttony, envy, greed, and pride. Spinoza, however, never condemns these affects as such. Within each affect one can find its "correct use" (E5p10schol), which enables us to love and to live (...) otherwise. As we come to understand our beloveds as determinate expressions both of nature's power and of our own ability to persevere in being, we find conditions for our liberation within these most burdensome of passions. More specifically, as we diminish our tendency to imagine what we love in terms of its finitude and susceptibility to loss, we are determined to love and to know both others and ourselves by the joyful passions. Ultimately, Spinoza's portrait of love suggests ways of life that generate the satisfaction of our possessive desire with the collective and inclusive love of, certainly, the eternal and immutable thing, but also the eternal and immutable in things, in each other, and above all, in ourselves. In other words, Spinoza's economics of love and possession point up the desire to appropriate our own power in and of community, and in of nature. (shrink)

Critics across the political spectrum have worried that ordinary uses of words like 'racist', 'sexist', and 'homophobic' are becoming conceptually inflated, meaning that these expressions are getting used so widely that they lose their nuance and, thereby, their moral force. However, the charge of conceptual inflation, as well as responses to it, are standardly made without any systematic investigation of how 'racist' and other expressions condemning oppression are actually used in ordinary language. Once we examine large linguistic corpora to see (...) how these expressions are actually used, we find that English speakers have a rich linguistic repertoire for qualifying the degree to which and dimensions along which something is racist, sexist, homophobic, and so on. These facts about ordinary usage undermine the charge of conceptual inflation. Without awareness of facts about ordinary usage, theorists risk making linguistic prescriptions that are unnecessary or counterproductive. (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour relations. Because the ideal (...) of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

Sumantra Ghoshal’s condemnation of “bad management theories” that were “destroying good management practices” has not lost any of its salience, after a decade. Management theories anchored in agency theory (and neo-classical economics generally) continue to abet the financialization of society and undermine the functioning of business. An alternative approach (drawn from a more classic institutional, new ecological, and refocused ethical approaches) is reviewed.

The scientific consensus regarding anthropogenic climate change is firmly established yet climate change denialism, a species of what I call pseudoskepticism, is on the rise in industrial nations most responsible for climate change. Such denialism suggests the need for a robust ethics of inquiry and public discourse. In this paper I argue: (1) that ethical obligations of inquiry extend to every voting citizen insofar as citizens are bound together as a political body. (2) It is morally condemnable for public officials (...) to put forward assertions contrary to scientific consensus when such consensus is decisive for public policy and legislation. (3) It is imperative upon educators, journalists, politicians and all those with greater access to the public forum to condemn, factually and ethically, pseudoskeptical assertions made in the public realm without equivocation. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...) Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

Trust is a topic of longstanding philosophical interest. It is indispensable to every kind of coordinated human activity, from sport to scientific research. Even more, trust is necessary for the successful dissemination of knowledge, and by extension, for nearly any form of practical deliberation and planning. Without trust, we could achieve few of our goals and would know very little. Despite trust’s fundamental importance in human life, there is substantial philosophical disagreement about what trust is, and further, how trusting is (...) normatively constrained and best theorized about in relation to other things we value. This entry is divided into three sections, which explore key (and sometimes interconnected) ethical and epistemological themes in the philosophy of trust: (1) The Nature of Trust; (2) The Normativity of Trust, and (3) The Value of Trust. (shrink)

Given the conceptual gap in the global justice debate today (where most of the talk is about the duties of the rich, but little is said about what the poor may do for themselves), in this article I reintroduce the idea of a right of necessity. I first delineate a normative framework for such a right, inspired by these historical accounts. I then offer a contemporary case where the exercise of the right of necessity would be morally legitimate according to (...) that framework – even though illegal and probably condemned by the standard moral norms. The case is that of a small group of Paraguayan campesinos (small farmers) suffering from the effects of a severe drought. In the third part, I introduce the concept of noncivil disobedience: I call an act of noncivil disobedience a conscientious, public, illegal and forcible act whose performance, while not necessarily intended directly as a means to bring about social and/or political change, may help to trigger these changes indirectly. In the fourth part, I suggest that certain instances where the right of necessity is overtly exercised – as in the case of the famine-struck Paraguayan campesinos – may also be interpreted in terms of noncivil disobedience, insofar as they serve a double function: as a means of satisfying immediate need, and as a marker of discontent in a society where the equal rights of individuals are a nominal ideal which remains unfulfilled in practice. I then address two objections that may be raised against resurrecting the idea of a right of necessity and identifying it in certain instances with noncivil disobedience. I conclude by suggesting that, at the point of convergence between the two, a basic right like the right of necessity recovers its value as an active, (rather than passive) entitlement of its holders, while the use of force enters the picture as a legitimate means that – at least under certain circumstances – may be resorted to within the limits of civil society. (shrink)

I argue that there is nothing in Kant’s moral theory that legitimates condemnation of same-sex relations and that the arguments from natural ends Kant relies on in doing so are unjustified by the constraints placed upon morality to avoid the empirical determination of judgments. In order to make clear why same-sex activity does not contradict the requirements of the moral law, we need to understand Kant’s account of legitimate sexual activity. I provide this reconstruction in the first section, drawing upon (...) the Lectures on Ethics and Metaphysics of Morals. In the second section, I critique the first kind of argument that grounds Kant’s assessment, that from natural ends. I show how it is based upon underlying teleological premises and raise doubts concerning Kant’s reliance on “regulative ideas” in making a consistent ethical theory. In the third section, I argue that same-sex activity that conforms to the conditions of the moral law, especially given the concepts of consent and reciprocity, are in conformity with Kant’s formal requirement of the law of pure practical reason, and therefore cannot justifiably be condemned on those grounds. Finally, I conclude with some discussion about Rawls and political liberalism. I hope to show how the present Kantian revival in ethical theory can place itself in opposition to the conservative and homophobic hysteria surrounding debates on political and legal issues such as same-sex “marriage.”. (shrink)

In this article Johann David Michaelis’s views of language and translation are juxtaposed with his own experience as a translated and translating author, especially with regard to the translations of his prize essay on the reciprocal influence of language and opinions (1759). Its French version originated in a close collaboration with the translators, while the pirated English edition was anonymously translated at second hand. The article reconstructs Michaelis’s relationship with the French translators and his renouncement of the English version, publicly (...) condemned in London by Robert Lowth at the author’s request. These two processes represent different contemporary modes of translation and shed new light on emerging theories of linguistic and cultural transfer. (shrink)

What is special about the philosophy of history when the history is about science? I shall focus on an impasse between two perspectives — one seeking an ideal of rationality to guide scientific practices, and one stressing the contingency of the practices. They disagree on what this contingency means for scientific norms. Their impasse underlies some fractious relations within History and Philosophy of Science. Since the late 1960s, this interdisciplinary field has been described, variously, as an “intimate relationship or marriage (...) of convenience”, a “marriage for the sake of reason”, a “troubling interaction ”, a “precarious relationship”, or one at risk of “ epistemological derangement”. -/- My paper has three aims. First, I characterise two idealised perspectives in this impasse: the sublimers and subversives. Then I describe a curious dynamic in which each perspective accuses the other of, simultaneously, claiming too little and too much. Subliming is dismissed for being scholastic, and condemned for being imperialist. Subverting is disparaged for being merely sociological, then criticised for being irrational or relativist. Here I draw on and extend the analyses of science studies in Kitcher, Zammito and others. Second, I argue that sublimers and subversives often talk past each other. Their mutual dismissals and condemnations arise partly because each perspective misconstrues the other’s claims. Each fails to see that the other is interested in different problems and interprets concepts differently. Third, I suggest that my analysis clarifies some current disagreements and old debates about contingency in science. It may also apply to debates on the contingency of norms in non- scientific realms. (shrink)

Since the spread of Islam in Transoxiana (Mā-warāʾ al-Nahr), religious understandings based on the opinions of Abū Ḥanīfa (d. 150/767) have always been dominant in the region. Therefore, it was not possible for other understandings, which may seem to be opposite to Abū Ḥanīfa’s opinions, to be influential in the region. That Najjāriyya and Karrāmiyya could not be perennial in the region may be an example of this case. Similarly, Māturīdiyya, which benefited from Abū Ḥanīfa’s treatises of creed and his (...) rational method, could not adequately get the support of people at the time of Abū Manṣūr al-Māturīdī (d. 333/944) and Abū l-Muʿīn al-Nasafī (d. 508/1114) because the school was seen as an opposite approach to the prevailing imaginations about Abū Ḥanīfa. Moreover, the Ḥanafī jurists (Ḥanafī fuqahāʾ), who were influential in not only people but also bureaucracy, and the Ḥanafī theologians (Ḥanafī mutakallimūn), who followed al-Māturīdī’s theological method , did not come to terms on their interpretations of Abū Ḥanīfa. The Ḥanafī jurists who benefited mostly from juridical sources and manāqibworks were thinking different from the Ḥanafī theologians who relied on the treatises of Abū Ḥanīfa on such issues as the legitimacy of Kalām as a scholarly discipline, the responsibility of people of fatra(ahl al-fatra: people having no access to the message of Islam), and the creation of faith (īmān). The Ḥanafī jurists took different stance on various issues and argued that faith is not created; the informative (khabarī) attributes of God (ṣifāt Allāh) mentioned in the Qurʾān cannot be interpreted (taʾwīl); no one can be held accountable for faith only based on the intellect unless the message of the Prophet reaches to her or him; the people of fatracannot be responsible for faith. They also stated that Abū Ḥanīfa broke his relationship with the theological (kalāmī) issues in the last years of his life. Although these jurists accepted Abū Ḥanīfa’s distinction between faith and deeds and his view of the stability of one’s faith without increasing or decreasing they condemned theological discussions on these issues by going beyond the limits of the treatise of creed. While the Ḥanafī theologians known as the Ḥanafī scholars of Samarqand who adopted the religious views of Imām al-Māturīdī of Samarqand acknowledged the intellect and considered it as an independent source in religion, the Ḥanafī jurists known as the Ḥanafī scholars of Bukhārāauthorized the intellect only in understanding the transmission (naql) and its interpretation. The different opinions of the two groups can be seen clearly on the question of the religious responsibility of the people of fatra. When we look at the debates regarding Kalām and the Islamic law, we can see that the difference between these two cities (Samarqand and Bukhārā) stems from their methodological views on the epistemological values of the reason (ʿaql) and the transmission (tradition). Māturīdiyya is a school of theology established by the Ḥanafī theologians who upheld the necessity and significance of Kalām. It is possible to say that the Ḥanafī jurists did not contribute to the establishment and systematisation of this school; rather, they tried to prevent it. Our findings show that the Ḥanafī jurists who lived in Transoxiana differ from each other because of their different understandings of Abū Ḥanīfa. In the historical process extending today it is evident that the religious views of the Ḥanafī jurists and their interpretation of Abū Ḥanīfa have been prominent and effective, not that of Māturīdiyya, which is the understanding of the Ḥanafī theologians. (shrink)

In recent years Jaegwon Kim has offered an argument – the ‘supervenience argument’ – to show that supervenient mental properties, construed as second- order properties distinct from their first-order realizers, do not have causal powers of their own. In response, several philosophers have argued that if Kim’s argument is sound, it generalizes in such a way as to condemn to causal impotency all properties above the level of basic physics. This paper discusses Kim’s supervenience argument in the context of his (...) reply to this so-called ‘generalization argument’. In particular, the paper focuses on the level/order distinction, to which Kim appeals in his reply to the generalization argument, and on the relation between this distinction and two varieties of functionalism, ‘realizer’ vs. ‘role’ functionalism. The author argues that a proper analysis of the notions of levels and orders undermines Kim’s response to the generalization argument, and suggests that Kim’s reductionist strategy for vindicating the causal powers of mental properties is better served if mental properties are construed as first-order properties, as realizer-functionalism recommends. (shrink)

Are rights to privacy consistent with sexual equality? In a brief, but influential, article Catherine MacKinnon trenchantly laid out feminist criticisms of the right to privacy. In “Privacy v. Equality: Beyond Roe v. Wade” she linked familiar objections to the right to privacy and connected them to the fate of abortion rights in the U.S.A. (MacKinnon, 1983, 93-102). For many feminists, the Supreme Court’s decision in Roe v. Wade (1973) had suggested that, notwithstanding a dubious past, legal rights to privacy (...) might serve feminist objectives, and prove consistent with sexual equality. By arguing that Roe’s privacy justification of abortion rights was directly responsible for the weakness and vulnerability of abortion rights in America, MacKinnon took aim at feminist hopes for the right to privacy at their strongest point. Maintaining that Roe’s privacy justification of abortion is intimately, and not contingently, related to the Supreme Court’s subsequent decision in Harris v. McRae, (1980) MacKinnon concluded that privacy rights cannot be reconciled with the freedom and equality of women, and so can have no place in a democracy.1 In Harris, the Supreme Court held that the State need not provide Medicaid coverage for abortions that are necessary to preserve the health, but not the life, of a pregnant woman, effectively depriving poor women of almost all state aid for abortions.2 Moreover, the Court’s subsequent decision in Bowers v . Hardwick (1986) appeared to confirm the truth of MacKinnon’s observation – though this case concerned gay rights, rather than abortion rights, and occurred several years after MacKinnon’s condemnation of Harris. -/- This paper examines MacKinnon’s claims about the relationship of rights to privacy and equality in light of the reasoning in Harris and Bowers. When we contrast the Majority and Minority decisions in these cases, it shows, we can distinguish interpretations of the right to privacy that are consistent with sexual equality from those that are not. This is not simply because the two differ in their consequences – though they do - but because the former, unlike the latter, rely on empirical and normative assumptions that would justify sexual inequality whatever right they were used to interpret. So while I agree with MacKinnon that the Majority’s interpretation of the right to privacy in Harris is inconsistent with the equality of men and women, I show that there is no inherent inconsistency in valuing both privacy and equality, and no reason why we must chose to protect the one, rather than the other. Indeed, an examination of MacKinnon’s article, I suggest, can help us to see why rights to privacy can be part of a scheme of democratic rights, and how we might go about democratising the right to privacy in future. To avoid confusion I should emphasise that my arguments are of a philosophical, not a legal, nature. Thus, I will be ignoring the specifically legal and constitutional aspects of MacKinnon’s article, and of the Supreme Court decisions, in order to bring their philosophical significance into focus. -/- . (shrink)

Freedom as a natural right, the importance of consent, defending the idea that government should be in the hands of the most virtuous and reflective citizens, denouncing patronage, the need to link individual and political freedom ? These are some of the characteristics of La Boétie's doctrine that I believe place him within the tradition that Quentin Skinner calls the neo-Roman conception of civil liberty. Of course, La Boétie did not write a positive defence of the rule of law, as (...) Livy did in his History of Rome and as the English republicans do, but the Discourse can easily be read as a legal plea condemning absolute monarchy and any kind of arbitrary regime. (shrink)

In the following essay, I argue that in the case of some works of art, moral evaluation should not play a role in artistic appraisal. While I reject the strong ethicist’s view—the view that moral evaluation may inform the artistic evaluation of any artwork—I will not do so in favor of the aestheticist’s position. The aestheticist argues for a rigid distinction between the moral and aesthetic evaluation of an artwork. On this view, the moral status of the work is independent (...) of and irrelevant to artistic value. This view would allow us, for example, to evaluate Leni Reifenstahl’s film The Triumph of the Will as a superior work of cinematic art, while at the same time condemning it on moral grounds. Rather than support a strict separation of aesthetic and moral elements in an artwork, I will suggest that in the case of certain types of artwork, it is inappropriate to use moral criteria in their artistic evaluation—even though the work’s moral content contributes to its artistic value. This is the case in artworks that (1) are “interrogative” in form and (2) have moral dilemmas as their principal theme. Briefly put, an interrogative artwork is one that poses a question or problem that remains unresolved in the work. I will begin by explaining in more detail what I mean by an interrogative artwork. Using the example of Duchamp’s “ready-made” sculpture Fountain, I will argue that it is inappropriate to artistically evaluate such works by appeal to criteria that they themselves call into question. I will then turn to the specific issue of morally interrogative artworks. I will consider Mark Twain’s The Adventures of Huckleberry Finn as a paradigmatic case of an interrogative artwork that poses an unresolved moral problem, and will contrast my own rejection of the moral appraisal of the novel to Wayne Booth’s attempt to provide a morally informed positive assessment of the novel. (shrink)

Does it matter that almost all juries in England and Wales are all-White? Does it matter even if this result is the unintended and undesired result of otherwise acceptable ways of choosing juries? Finally, does it matter that almost all juries are all-White if this has no adverse effect on the treatment of non-White defendants and victims of crime? According to Cheryl Thomas, there is no injustice in a system of jury selection which predictably results in juries with no minority (...) members so long as this result is not deliberate, and does not adversely affect the treatment of minority defendants and victims of crime. My view is different. In and of itself, I believe, something is wrong with a system of jury selection that predictably results in all-White juries in a diverse society, such as our own. Absent reason to believe that we lack a better alternative to current modes of jury selection, a commitment to democratic government and to the equality of citizens – or so I will argue – condemns existing arrangements as unjust, whether or not they have adverse effects on jury decisions, or on the ways in which our society approaches issues of race and crime. (shrink)

Mercenaries are the target of moral condemnation far more often than they are subject of moral concern. One attempt at morally condemning mercenaries proceeds by analogy with prostitutes; mercenaries are ?the whores of war?. This analogy is unconvincing as a way of condemning mercenaries. However, careful comparison of mercenarism and prostitution suggests that, like many prostitutes, some mercenaries may be vulnerable individuals. If apt, this comparison imposes a consistency requirement: if one thinks certain prostitutes are appropriate subjects of moral concern (...) in light of their vulnerability, then one must think that mercenaries who are likewise vulnerable are also appropriate subjects of moral concern. In this paper I elucidate the relevant, morally significant sense of ?vulnerability?, and present evidence suggesting that at least some mercenaries are vulnerable in this sense. (shrink)

Vanity and pride have been condemned by Christian thinkers for centuries. Therefore, it may seem curious that Paul-Henri Thiry, Baron d’Holbach, one of the fiercest critics of religion, decried these passions. Holbach’s work is interspersed with remarks about vanity and pride which have gone unnoticed in the literature. This chapter analyzes Holbach’s account of vanity, delving into the role it plays in the establishment and maintenance of religion. I show that the desire for prestige is at the very core of (...) religious practices, which aim to justify the alleged superiority of man over nature. Holbach’s well-known critique of religion, therefore, cannot be fully understood without reference to his lesser known account of vanity and pride. The study of these passions is also essential to grasping Holbach’s conception of philosophy and how the philosophe should be: an individual free from prejudices, who has abandoned every trace of vanity in order to move forward in their journey towards the truth. (shrink)

Thailand has a rich history of using aesthetics as a means of communication. This is seen not only in the communication of basic ideas, but aesthetics are also used to communicate the cultural values of the nation. Aesthetical images in Thailand have the tendency to dwell both in the realm of the mundane and the supernatural, in the daily and the esoteric. Historically, many faith traditions have used aesthetics as an effective form of communication, including Buddhism, Brahmanism, as well as (...) other local expressions of deities across the country. Art plays a large role in the daily communication of religious values and concepts. -/- While Christianity has a rather long history in Thailand, the large-scale impact that Christianity, and specifically Protestantism, has had is rather minimal. There can be a myriad of reasons for this, but one potential possibility is Christianity’s lack of an aesthetical engagement upon and within Thai culture. This potentially is not an issue of only the Protestant church in Thailand but also stems from some of the western Christian roots throughout its faith tradition. One finds a chasm between aesthetical practices and faith from the Heidelberg Confession, in which Christians became so worried about the ramifications of idol worship, that they threw out the proverbial ‘baby with the bathwater’ and basically condemned the use of icons and other forms of art in western Protestantism. -/- Therefore, this paper will examine the relationship between Thai culture and Christianity, trying to remove the western biases in Christianity and will attempt to suggest new ways that the Thai Christian Church may develop organic, indigenous Thai art, that can be used as a more effective means of communication. If Christianity wants to effectively convey its concepts into Thai culture, it must value aesthetics as a means of communication. Is it possible that Christianity could not only communicate a more effective message in Thailand, but also that Christianity could experience a more robust self-analyzation of its core concepts through Thai aesthetics? Therefore, one needs to explore the ways that Christianity may be able to better understand itself through current Thai aesthetical practices. These concepts will be explored to develop a more robust and organic way of communicating the Christian concepts through a Thai paradigm. (shrink)

This chapter offers a character-based criticism of ‘the culture of speed’ condemned by the Canadian literary scholars, Maggie Berg and Barbara Seeber in their influential polemic, The Slow Professor. Central to their criticisms of speed and praise of slowness are, I argue, substantive concerns about their effects on moral and intellectual character. I argue that a full reckoning of the wrongs of academic cultures of speed must include appreciation of the ways they promote a host of accelerative vices and failings (...) while also impeding exercise of a range of the virtues vital to enactment of our core academic commitments to teaching, scholarship, and collegiality. (shrink)

Luck egalitarianism has been criticized for condoning some cases of oppression and condemning others for the wrong reason—namely, that the victims were not responsible for their oppression. Oppression is unjust, however, the criticism says, regardless of whether victims are responsible for it, simply because it is contrary to the equal moral standing of persons. I argue that four luck egalitarian responses to this critique are inadequate. Two address only the first part of the objection and do so in a way (...) that risks making luck egalitarianism inconsistent. A third severely dilutes the luck egalitarian doctrine. A fourth manages to denounce some instances of oppression for the right reason, but at the same time permits other instances of oppression and condemns yet others for the wrong reason. (shrink)

Annihilationism claims that earthly death is followed by a divine judgment after which the wicked are condemned to a second death, while those who have lived their earthly life according to God's commands are blessed with a heavenly eternal existence. The aim of this essay is to show that, contrary to what defenders of annihilationism argue, the claim that God's victory over evil requires the complete eradication of all sin does not suffice alone to justify annihilationism.

I read Sara Kofman's work on Nietzsche, Charles Mills' _The Racial Contract_, and Kodwo Eshun's Afrofuturist musicology to argue that most condemnations of "faking it" in music rest on a racially and sexually problematic fetishization of "the real.".

This chapter examines the views of Socrates, Plato, and Aristotle on lying. It it outlines the differences between different kinds of falsehoods in Plato (real falsehoods and falsehoods in words), the difference between myths and lies, the 'noble' (i.e., pedigree) lie in The Republic, and how Plato defended rulers lying to non-rulers about, for example, eugenics. It considers whether Socrates's opposition to lying is consistent with Socratic irony, and especially with his praise of his interlocutors as wise. Finally, it looks (...) at Aristotle's condemnation of lies, and asks whether lies to enemies, and self-deprecating lies by the magnanimous person, are not base. (shrink)

Among the few publications which consider the Scholastic roots of Brentano’s thinking, an article by Dieter Münch stands out. In it, he claims that the Aristotelian studies of Brentano and his whole philosophical project are inspired by the German Neo-Scholastic movement. Münch presents the Neo-Scholastic tendency as an ultra-conservative and reactionary program against modernity. Now, such a description makes almost inexplicable the fact that Brentano, who was educated in this context, could have developed a wholly personal and independent philosophy. To (...) approach this framework objectively, I propose to pay attention to F.J. Clemens, a Neo-Scholastic who influenced Brentano’s way of thinking. It is true that Clemens puts faith above reason and affirms that any conclusion obtained through the power of reason must be discarded when it contradicts faith. However, this is not an ultramontane innovation but simply the traditional theological point of view. He also argues that St. Thomas should be followed as a guide to orient oneself in the process of rational inquiry. Nevertheless, he doesn’t want to understand philosophy as a repetition of Aquinas’ claims; on the contrary, he rather proposes an intelligent use of tradition, which allows us to delve deeper into philosophical truth. For this very reason, he does not discard modernity or condemn it altogether. This perspective is also reflected in the early writings of Brentano, where he showed discontinuity from the Neo-Scholastic school of thought. (shrink)

Kant on sex gives most philosophers the following associations: a lifelong celibate philosopher; a natural teleological view of sexuality; a strange incorporation of this natural teleological account within his freedom-based moral theory; and a stark ethical condemnation of most sexual activity. Although this paper provides an interpretation of Kant’s view on sexuality, it neither defends nor offers an apology for everything Kant says about sexuality. Rather, it aims to show that a reconsidered Kant-based account can utilize his many worthwhile insights (...) and that making Kant’s account of sexuality more consistent with his own basic philosophical commitments results in a compelling approach to the complex and complicated phenomena of sexual love, sexual identity, and sexual orientation. (shrink)

Despite the diversity of viewpoints throughout the history of philosophy on the subject of blame, one thing philosophers appear to agree on is that blame is an irreducible feature of experience. That is to say , no philosophical approach makes the claim to have entirely eliminated the need for anger and blame. On the contrary, a certain conception of blameful anger is at the very heart of both modern and postmodern philosophical foundations. As a careful analysis will show, this is (...) true even for those philosophical arguments that pop up from time to time extolling the virtues of moving beyond blame and anger. In this paper, I assert that all forms of blame, including the cool, non-emotional, rational desire for accountability and justice and well as rageful craving for vengeance, are grounded in a spectrum of affective comportments that share core features. This affective spectrum includes irritation, annoyance, hostility, disapproval, condemnation, feeling insulted, taking umbrage, resentment, anger, exasperation, impatience, hatred, fury, ire, outrage, contempt, righteous indignation, ‘adaptive’ or rational anger, perceiving the other as deliberately thoughtless, rude, careless, negligent, complacent, lazy, self-indulgent, malevolent, dishonest, narcissistic, malicious, culpable, perverse, inconsiderate, intentionally oppressive, anti-social, hypocritical, repressive or unfair, disrespectful, disgraceful, greedy, evil, sinful, criminal, a miscreant. Blame is also implicated in cooly, calmly and rationally determining the other to have deliberately committed a moral transgression, a social injustice or injustice in general, or as committing a moral wrong. -/- I challenge the reader to recognize that every time you experience any of the blameful attitudes, emotions and assessments I mentioned above, you are displaying your own failure of understanding. I challenge you to do away with your need for concepts of blame, anger and punitive justice in any of their philosophical guises, and with them the equally unctuous discourses of forgiveness. -/- Anger is neither inherently immoral nor irrational and destructive, but represents a limited understanding of human behavior. To the extent that concepts of ethico-political justice imply appraisal of blameful, guilty intent, they also represent a failure of understanding and a form of violence and an impetus of conformity. There’s no such thing as adaptive, moral or righteous blame or anger. Modern legal concepts of justice, to the extent they imply blame, depend on an inadequate grasp of motivation and intent. (shrink)

I identify and resolve an internal tension in Critical Contextual Empiricism (CCE) – the normative account of science developed by Helen Longino. CCE includes two seemingly conflicting principles: on one hand, the cognitive goals of epistemic communities should be open to critical discussion (the openness of goals to criticism principle, OGC); on the other hand, criticism must be aligned with the cognitive goals of that community to count as “relevant” and thus require a response (the goal-relativity of response-requiring criticism principle, (...) GRC). The co-existence of OGC and GRC enables one to draw both approving and condemning judgments about a situation in which an epistemic community ignores criticism against its goals. This tension results from conflating two contexts of argumentation that require different regulative standards. In the first-level scientific discussion, GRC is a reasonable principle but OGC is not; in the meta-level discussion about science, the reverse holds. In meta-level discussion, the relevance of criticism can be established by appealing to goals of science that are more general than the goals of a specific epistemic community. To illustrate my revision of CCE, I discuss why feminist economists’ criticism of the narrowness of the goals pursued in mainstream economics is relevant criticism. (shrink)

The creation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973 has significantly altered the dynamics of trade in fauna and flora. Despite this effort, curbing of criminal trade in endangered species of wild fauna and flora has remained a key challenge for some countries. The objective of this study was to identify and establish the trafficking routes of illegal wildlife and forest products, analyzing the patterns and trends of wildlife and forest (...) crime including their drivers, actors and modus operandi, and assessing the criminal justice response including the legislative, enforcement, prosecutorial and judicial systems. The analysis was based on the methodologies and principles embedded in African environmental ethics. It was concluded that African ethics allows for ‘sustainable poaching’ under the framework of Eco-Afrocentricism; but condemns poaching done for trafficking purposes. Five canons of sustainability were developed to guide ‘sustainable poaching’. African capitalism thesis was used to support the analysis from political and economic perspectives. (shrink)

The nature and consequences of readers’ affective engagement with literature has, in recent years, captured the attention of experimental psychologists and philosophers alike. Psychological studies have focused principally on the causal mechanisms explaining our affective interactions with fictions, prescinding from questions concerning their rational justifiability. Transportation Theory, for instance, has sought to map out the mechanisms the reader tracks the narrative experientially, mirroring its descriptions through first-personal perceptual imaginings, affective and motor responses and even evaluative beliefs. Analytical philosophers, by contrast, (...) have largely focussed on the problems fiction poses for traditional theories of rationality (as in the ‘Paradox of Fiction), challenging fiction’s wider epistemic value. The result has been a theoretical impasse in which the power of fiction to affectively ‘transport’ a reader is at once often lauded (by psychologists) as a privileged route to interpersonal understanding, and condemned (by philosophers) as an abdication of the authority of reason. This chapter surveys some of the central claims on both sides, tracing the source of the debate to competing conceptions of rationality. (shrink)