The last decade has witnessed the beginnings of a remarkable convergence of Husserlian phenonenology and analytic philosophy of language, and the present volumes provide original and important texts of the phenomenological philosophy of language. Powerfully influenced by the writings of the early Husserl, Reinach fashioned Husserl’s ideas into a rigorous analytical methodology of his own, which he applied in particular to problems in logic and the theory of knowledge, and to the philosophies of law and psychology. The central role of (...) the concept of state of affairs in Reinach’s philosophy will bring to mind immediately the formal ontology of Wittgenstein’s Tractatus. Reinach’s most significant contribution, however, is contained in his The a priori foundations of civil law (1913), above all in the detailed analysis of the a priori structure of the act of promising. This amounts to an elaborate phenomenological theory of speech acts which anticipates, and in some respects goes beyond, the later theories of Austin and Searle. The present edition is in two volumes. Volume 1, which includes a biographical and thematic introduction by the editors, contains critical editions of those pieces published by Reinach himself. Volume II is a collection of all those items in Reinach’s surviving Nachlass which are in publishable form, including a number of important pieces not hitherto obtainable on such themes as ethical predicates, speech acts (“soziale Akte”), perception and the theory of number, together with a comprehensive sketch of the problems in the theory of knowledge, logic and ethics. Appended to this is a text-critical apparatus which also contains extensive discussions of the origins and sources of the materials in question. (shrink)

Distinguishes two senses of 'judgment' on the one hand as meaning a state of 'conviction' or 'belief', and on the other hand as meaning an act of 'affirmation' or 'assertion'. Certainly conviction and assertion stand in close relation to each other, but they delineate two heterogeneous logical spheres, and thereby divide the total field of the theory of judgment into two neighbouring but separate sub-fields. Once this is done it is shown to have implications for our understanding especially of the (...) phenomenon of negation, and of the distinction between negation as affirmation of a negative state of affairs, and negation as act of contradicting the judgment someone else has made. (shrink)

Regional aspects of science communication represent a potential asset and as such are quite suitable topic for further examination with respect to future social and economic development in Prague based on the city's main development strategies. Closer analysis of SCIP aspects at re- gional level can present a suitable complement for development of suitable measures and projects of the regional innovation and education policies. This study focuses on research questions related to regional dimension of science communication, its impacts and suitable (...) tools. Document analysis and questionnaire distributed among selected experts were chosen as tools for elaboration of the study. Results suggest that regional dimension of science communication policy and initiatives is a relevant one in case of Prague. However, the attention given to this topic by national and regional authorities is unsatisfactory resulting in lack of co-ordination of activities of the respective stakeholders. Impacts of SCIP, as far as causality can be identified, lie in encouraging young people in their interest in science, increasing awareness of general public in science-related issues and explaining role of science in society and problems that science is facing. To maximise effects of science communication there is a space for national and regional authorities to play an integrating role. Given the concentration of SCIP actors, the City of Prague could aspire to develop its science communication policy in order to promote itself as a Central European centre of science. (shrink)

Even though fatalism has been an intermittent topic of philosophy since Greek antiquity, this paper argues that fate ought to be of little concern to metaphysicians. Fatalism is neither an interesting metaphysical thesis in its own right, nor can it be identified with theses that are, such as realism about the future or determinism.

Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This essay surveys Card's views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card's insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS's obscene program of trafficking in women (...) and sexual violence. Card holds that true survival requires not only staying alive and as healthy as possible but also preserving your good moral character. The essay maintains that while exercising agency to elude evil and protect yourself often depends on your own skills and personality traits, exercising agency to restore or develop your moral character often depends on social support. (shrink)

In earlier writings, I argued that neither of the two major physical cosmologies of the twentieth century support divine creation, so that atheism has nothing to fear from the explanations required by these cosmologies. Yet theists ranging from Augustine, Aquinas, Descartes, and Leibniz to Richard Swinburne and Philip Quinn have maintained that, at every instant anew, the existence of the world requires divine creation ex nihilo as its cause. Indeed, according to some such theists, for any given moment t, God’s (...) volition thatthe-world-should-exist-at-t supposedly brings about its actual existence at t.In an effort to establish the current viability of this doctrine of perpetual divine conservation. Philip Quinn I argued that it is entirely compatible with physical energy-conservation in the Big Rang cosmology, as well as with the physics of the steady-state theories.But I now contend that instead, there is a logical incompatibility on both counts. Resides, the stated tenet of divine conservation has an additional defect: It speciously purchases plausibility by trading on the multiply disanalogous volitional explanations of human actions. (shrink)

Alternative currencies are means of payment that circulate alongside—as an alternative or complement to—official currencies. While these currencies have existed for a long time, both society and academia have shown a renewed interest in their potential to decentralize the governance of monetary affairs and to bring people and organizations together in more ethical or sustainable ways. This article is a review of the ethical and philosophical implications of these alternative monetary projects. We first discuss various classifications of these currencies before (...) analyzing the ethical challenges linked to the way they tackle social and environmental issues. We also examine the incentive-based and coercive mechanisms used by these currencies from an ethical perspective and debate the promises and perils of monetary decentralization and democracy. We conclude by identifying an agenda for future research. (shrink)

Precision medicine and molecular systems medicine (MSM) are highly utilized and successful approaches to improve understanding, diagnosis, and treatment of many diseases from bench-to-bedside. Especially in the COVID-19 pandemic, molecular techniques and biotechnological innovation have proven to be of utmost importance for rapid developments in disease diagnostics and treatment, including DNA and RNA sequencing technology, treatment with drugs and natural products and vaccine development. The COVID-19 crisis, however, has also demonstrated the need for systemic thinking and transdisciplinarity and the limits (...) of MSM: the neglect of the bio-psycho-social systemic nature of humans and their context as the object of individual therapeutic and population-oriented interventions. COVID-19 illustrates how a medical problem requires a transdisciplinary approach in epidemiology, pathology, internal medicine, public health, environmental medicine, and socio-economic modeling. Regarding the need for conceptual integration of these different kinds of knowledge we suggest the application of general system theory (GST). This approach endorses an organism-centered view on health and disease, which according to Ludwig von Bertalanffy who was the founder of GST, we call Organismal Systems Medicine (OSM). We argue that systems science offers wider applications in the field of pathology and can contribute to an integrative systems medicine by (i) integration of evidence across functional and structural differentially scaled subsystems, (ii) conceptualization of complex multilevel systems, and (iii) suggesting mechanisms and non-linear relationships underlying the observed phenomena. We underline these points with a proposal on multi-level systems pathology including neurophysiology, endocrinology, immune system, genetics, and general metabolism. An integration of these areas is necessary to understand excess mortality rates and polypharmacological treatments. In the pandemic era this multi-level systems pathology is most important to assess potential vaccines, their effectiveness, short-, and long-time adverse effects. We further argue that these conceptual frameworks are not only valid in the COVID-19 era but also important to be integrated in a medicinal curriculum. (shrink)

In this paper, we offer reasons to justify the explanatory credentials of dynamical modeling in the context of the metaplasticity thesis, located within a larger grouping of views known as 4E Cognition. Our focus is on showing that dynamicism is consistent with interventionism, and therefore with a difference-making account at the scale of system topologies that makes sui generis explanatory differences to the overall behavior of a cognitive system. In so doing, we provide a general overview of the interventionist approach. (...) We then argue that recent mechanistic attempts at reducing dynamical modeling to a merely descriptive enterprise fail given that the explanatory standard in dynamical modeling can be shown to rest on interventionism. We conclude that dynamical modeling captures features of nested and developmentally plastic cognitive systems that cannot be explained by appeal to underlying mechanisms alone. (shrink)

Social network structure has been argued to shape the structure of languages, as well as affect the spread of innovations and the formation of conventions in the community. Specifically, theoretical and computational models of language change predict that sparsely connected communities develop more systematic languages, while tightly knit communities can maintain high levels of linguistic complexity and variability. However, the role of social network structure in the cultural evolution of languages has never been tested experimentally. Here, we present results from (...) a behavioral group communication study, in which we examined the formation of new languages created in the lab by micro‐societies that varied in their network structure. We contrasted three types of social networks: fully connected, small‐world, and scale‐free. We examined the artificial languages created by these different networks with respect to their linguistic structure, communicative success, stability, and convergence. Results did not reveal any effect of network structure for any measure, with all languages becoming similarly more systematic, more accurate, more stable, and more shared over time. At the same time, small‐world networks showed the greatest variation in their convergence, stabilization, and emerging structure patterns, indicating that network structure can influence the community's susceptibility to random linguistic changes (i.e., drift). (shrink)

Active materials are self-propelled non-living entities which, in some circumstances, exhibit a number of cognitively interesting behaviors such as gradient-following, avoiding obstacles, signaling and group coordination. This has led to scientific and philosophical discussion of whether this may make them useful as minimal models of cognition (Hanczyc, 2014; McGivern, 2019). Batterman and Rice (2014) have argued that what makes a minimal model explanatory is that the model is ultimately in the same universality class as the target system, which underpins why (...) it exhibits the same macrobehavior. We appeal to recent research in basal cognition (Lyon et al., 2021) to establish appropriate target systems and essential features of cognition as a target of modeling. Looking at self-propelled oil droplets, a type of active material, we do not find that organization alone indicates that these systems exhibit the essential features of cognition. We then examine the specific behaviors of oil droplets but also fail to find that these demonstrate the essential features of cognition. Without a universality class, Batterman & Rice’s account of the explanatory power of minimal models simply does not apply to cognition. However, we also want to stress that it is not intended to; cognition is not the same type of behavioral phenomena as those found in physics. We then look to the minimal cognition methodology of Beer (1996, 2020a, b) to show how active materials can be explanatorily valuable regardless of their cognitive status because they engage in specific behaviors that have traditionally been expected to involve internal representational dynamics, revealing misconceptions about the cognitive underpinnings of certain, specific behaviors in target systems where such behaviors are cognitive. Further, Beer’s models can also be genuinely explanatory by providing dynamical explanations. (shrink)

Climate change increases the frequency and intensity of certain kinds of natural hazard events in alpine areas. This interdisciplinary study addresses the hypothetical possibility of relocating the residents of three alpine areas in Austria: the Sölk valleys, the Johnsbach valley, and the St. Lorenzen/Schwarzenbach valleys. Our particular focus is on these residents’ expectations about such relocations. We find that (1) many residents expect that in the next decades the state will provide them with a level of natural hazards protection, aid, (...) and relief that allows them to continue to live in these valleys; (2) this expectation receives some legal protection but only when it is associated with fundamental rights; and (3) the expectation is morally significant, i.e., it ought to be considered in assessing the moral rightness or justness of relocation policies. These results suggest legal changes and likely extend to many other (Austrian) alpine areas as well. (shrink)

This chapter lays out what we take to be the main types of justice and ethical challenges concerning those adverse effects of climate change leading to climate-related Loss and Damage (L&D). We argue that it is essential to clearly differentiate between the challenges concerning mitigation and adaptation and those ethical issues exclusively relevant for L&D in order to address the ethical aspects pertaining to L&D in international climate policy. First, we show that depending on how mitigation and adaptation are distinguished (...) from L&D, the primary focus of policy measures and their ethical implications will vary. Second, we distinguish between a distributive justice framework and a compensatory justice scheme for delivering L&D measures. Third, in order to understand the differentiated remedial responsibilities concerning L&D, we categorise the measures and policy approaches available. Fourth, depending on the kind of L&D and which remedies are possible, we explain the difference between remedial and outcome responsibilities of different actors. [Open access]. (shrink)

We report the results of a vignette experiment with a quota sample of the German population in which we analyze the interplay between need, equity, and accountability in third-party distributive decisions. We asked subjects to divide firewood between two hypothetical persons who either differ in their need for heat or in their productivity in terms of their ability to chop wood. The experiment systematically varies the persons’ accountability for their neediness as well as for their productivity. We find that subjects (...) distribute significantly fewer logs of wood to persons who are held accountable for their disadvantage. Independently of being held accountable or not, the needier person is always compensated with a share of logs that exceeds her contribution, while the person who contributes less is punished in terms of receiving a share of logs smaller than her need share. Moreover, there is a domain effect in terms of subjects being more sensitive to lower contributions than to greater need. (shrink)

Abstract: Karl Jaspers describes The Axial Period (800-200 BCE) as a world-historical turning point in the spiritual evolution of the human species, characterized by the rise of Buddhism, Zoroastrianism, Pythagoreanism, and the Hebrew prophets, without precisely identifying what defines this world-historical period. What defines The Axial Period, I argue with Jaspers, is the sublimation of sacrifice, through which the sacrificial killing of domestic animals, characteristic of primitive religions, is sublimated into the self-sacrificial disciplines of prayer, meditation, and asceticism. This sublimation (...) of sacrifice involves a curiously duplicitous gesture, through which the sacred violence of primitive sacrifice is simultaneously sublimated into the self-sacrificial disciplines of the Western Indo-European religions, and demoted to the strictly physical violence of modern warfare, stripped of its sacred origins. I argue, against Jaspers, that there is no world-historical discontinuity between primitive and modern sacrifice, but rather a continuous trajectory of the sublimation of sacrifice in Western Indo-European cultures. The Brahminic sacred texts, the Rig Veda and the Brahmanas, for example, describe a sophisticated sacrificial ritualism that more effectively sublimates sacrificial violence than do Western European modern cultures, in which un-sacrificial violence continues to escalate, to challenge the survival of the contemporary world. (shrink)

Across two studies, one of which was pre-registered, we find that a simple questionnaire that measures intellectual virtue and vice predicts how many fake news articles and conspiracy theories participants accept. This effect holds even when controlling for multiple demographic predictors, including age, household income, sex, education, ethnicity, political affiliation, religion, and news consumption. These results indicate that self-report is an adequate way to measure intellectual virtue and vice, which suggests that they are not fully immune to introspective awareness or (...) “stealthy” in the sense that Cassam (2015) argues. This is an important methodological result and may pave the way for future research on intellectual virtue and vice. (shrink)

Enactivists frequently argue their account heralds a revolution in cognitive science: enactivism will unseat cognitivism as the dominant paradigm. We examine the lines of reasoning enactivists employ in stirring revolt, but show that none of these prove compelling reasons for cognitivism to be replaced by enactivism. First, we examine the hard sell of enactivism: enactivism reveals a critical explanatory gap at the heart of cognitivism. We show that enactivism does not meet the requirements to incite a paradigm shift in the (...) Kuhnian sense—there is no internal crisis in cognitivism. Nor does it provide inherently better explanations of cognition as some have claimed. Second, we consider the soft sell of enactivism: enactivism provides a more attractive, parsimonious, or clear-eyed lens on cognition. This move proves to boil down to a misunderstanding of how theories are selected in science. Instead we lend support to a broader and more desirable way to conceive of enactivism, the recent proposal that enactivism is a philosophy of nature. We explain how a philosophy of nature does more than support a single research paradigm by integrating scientific questions into a cohesive picture. (shrink)

Why are mistaken beliefs about Covid-19 so prevalent? Political identity, education and other demographic variables explain only a part of individual differences in the susceptibility to Covid-19 misinformation. This paper focuses on another explanation: epistemic vice. Epistemic vices are character traits that interfere with acquiring, maintaining, and transmitting knowledge. If the basic assumption of vice epistemology is right, then people with epistemic vices such as indifference to the truth or rigidity in their belief structures will tend to be more susceptible (...) to believing Covid-19 misinformation. We carried out an observational study (US sample, n = 998) in which we measured the level of epistemic vice of participants using a novel Epistemic Vice Scale. We also asked participants questions eliciting the extent to which they subscribe to myths and misinformation about Covid-19. We find overwhelming evidence to the effect that epistemic vice is associated with susceptibility to Covid-19 misinformation. In fact, the association turns out to be stronger than with political identity, educational attainment, scores on the Cognitive Reflection Test, personality, dogmatism, and need for closure. We conclude that this offers evidence in favor of the empirical presuppositions of vice epistemology. (shrink)

Emile Borel regards the Banach-Tarski Paradox as a reductio ad absurdum of the Axiom of Choice. Peter Forrest instead blames the assumption that physical space has a similar structure as the real numbers. This paper argues that Banach and Tarski's result is not paradoxical and that it merely illustrates a surprising feature of the continuum: dividing a spatial region into disjoint pieces need not preserve volume.

Feminist studies of female genital cutting (FGC) provide ample evidence that many women exercise effective agency with respect to this practice, both as accommodators and as resisters. The influence of culture on autonomy is ambiguous: women who resist cultural mandates for FGC do not necessarily enjoy greater autonomy than do those women who accommodate the practice, yet it is clear that some social contexts are more conducive to autonomy than others. In this paper, I explore the implications for autonomy theory (...) of these understandings of the relation between culture, FGC, and women’s agency. I review the range of worldwide FGC practices – including “corrective” surgery for “ambiguous genitalia” in Western cultures as well as the various initiation rites observed in some African and Asian cultures – and the diverse cultural rationales for different forms of FGC. I argue that neither latitudinarian, value‐neutral accounts of autonomy nor restrictive, value‐saturated accounts adequately explain women’s agentic position with respect to FGC. I then analyze a number of educational programs that have enhanced women's autonomy, especially by strengthening their introspection, empathy, and imagination. Such programs, which engage women's autonomy skills without exposing them to autonomy‐disabling cultural alienation, promote autonomy‐within‐culture. This understanding of autonomy as socially situated, however, entails neither endorsement of FGC nor resignation to its persistence. (shrink)

Mechanistic explanations are often said to explain because they reveal the causal structure of the world. Conversely, dynamical models supposedly lack explanatory power because they do not describe causal structure. The only way for dynamical models to produce causal explanations is via the 3M criterion: the model must be mapped onto a mechanism. This framing of the situation has become the received view around the viability of dynamical explanation. In this paper, I argue against this position and show that dynamical (...) models can themselves reveal causal structure and consequently produce nonmechanistic, dynamical explanations. Taking the example of cell fates from systems biology, I show how dynamical models, and specifically the attractor landscapes they describe, identify the causes of cell differentiation and explain why cells select particular fates. These dynamical features of the system better fit Woodward’s (2010, 2018) criteria of specificity and proportionality and make them the best candidate causes of cell fates than mechanisms. I also show how these causes are irreducible and inaccessible to mechanistic models, making 3M unworkable and counterproductive in this case. Dynamical models can reveal dynamical causes and thereby provide causal explanations. (shrink)

Ever since Freud pioneered the “talking cure,” psychologists of various stripes have explored how autobiographical narrative bears on self-understanding and psychic wellbeing. Recently, there has been a wave of philosophical speculation as to whether autobiographical narrative plays an essential or important role in the constitution of agentic selves. However, embodiment has received little attention from philosophers who defend some version of the narrative self. Catriona Mackenzie is an important exception to this pattern of neglect, and this paper explores Mackenzie’s work (...) on embodiment and self-narrative with the aim of better understanding the adequacy of autobiographical narrative as an account of the agentic self. I argue that Mackenzie’s narrative account of embodied subjectivity and agency is incomplete, for it over-estimates the reach of narrative and underestimates the cognitive and agentic powers of the lived body. (shrink)

This paper presents 59 new studies (N = 72,310) which focus primarily on the “bat and ball problem.” It documents our attempts to understand the determinants of the erroneous intuition, our exploration of ways to stimulate reflection, and our discovery that the erroneous intuition often survives whatever further reflection can be induced. Our investigation helps inform conceptions of dual process models, as “system 1” processes often appear to override or corrupt “system 2” processes. Many choose to uphold their intuition, even (...) when directly confronted with simple arithmetic that contradicts it – especially if the intuition is approximately correct. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

Hybrid languages are introduced in order to evaluate the strength of “minimal” mereologies with relatively strong frame definability properties. Appealing to a robust form of nominalism, I claim that one investigated language \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {m}}$\end{document} is maximally acceptable for nominalistic mereology. In an extension \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {gem}}$\end{document} of \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {m}}$\end{document}, a modal analog (...) for the classical systems of Leonard and Goodman and Leśniewski is introduced and shown to be complete with respect to 0-deleted Boolean algebras. We characterize the formulas of first-order logic invariant for \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {gem}}$\end{document}-bisimulations. (shrink)

My aim is to extend and complement the arguments that others have already made for the claim that women who are citizens of economically disadvantaged states and who have been trafficked into sex work in economically advantaged states should be considered candidates for asylum. Familiar arguments cite the sexual violence and forced labor that trafficked women are subjected to along with their well-founded fear of persecution if they’re repatriated. What hasn’t been considered is that reproductive rights are also at stake. (...) I explain how reproductive rights are implicated in sex trafficking. Moreover, I contend that sex traffickers’ abuse of women’s reproductive rights is persecutory and that that this persecutory abuse obliges destination states to offer asylum to transnational sex trafficking victims. I start by sketching reproductive human rights doctrine. I then examine studies of women who are in post-trafficking recovery programs in order to ascertain the impact of their past experience of forced sex work on their reproductive freedom and health. On the basis of these findings, I maintain that, among other outrages, sex trafficking systematically violates victims’ reproductive human rights. In view of this abuse, women trafficked into sex work might seem to be prime candidates for asylum in destination states. Yet, economically well-off destination states are not particularly receptive to this idea, and international law provides some justification for their chilliness. Preliminary to challenging them, I explicate four ways in which international anti-trafficking law and international refugee law interfere with viewing women trafficked into sex work as refugees and approving their applications for asylum. The second half of my paper aims to overcome those legal obstacles. In the interest of parsimony and because there are many continuities between U.S. refugee law and anti-trafficking law and the policies of similar destination states, I focus mainly on the U.S. in this part of the paper. To anchor my argument, I spotlight two precedents in refugee law for taking reproductive human rights seriously and several precedents for treating trafficked women as members of a distinct social group as required by refugee law. I then urge that a law enforcement gestalt has gained undue influence over U.S. legal practices where anti-trafficking law intersects with refugee protection law. A human rights gestalt is needed as a counterweight, for otherwise victims of sex trafficking and the reproductive abuse they’ve suffered are erased. Taking up a human rights perspective and mobilizing the precedents I’ve identified, I show that respecting the reproductive human rights of women who have been trafficked into sex work entails that affluent destination states must recognize their right to asylum. (shrink)

This paper argues that potential cases of oppression, such as sex trafficking, can sometimes comprise autonomous choices by the trafficked individuals. This issue still divides radical from liberal feminists, with the former wanting to ‘rescue’ the ‘victims’ and the latter insisting that there might be good reasons for ‘hiding from the rescuers.’ This article presents new arguments for the liberal approach and raises two demands: first, help organizations should be run by affected women and be open-minded about whether or not (...) the trafficked individuals should remain in the sex industry. Second, the career choices of trafficked individuals should be expanded by the introduction of an opportunity-extending right to asylum. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...) heroic victim paradigm. Holocaust victims are quintessential instances of the pathetic victim paradigm. They are marked by passivity and innocence in the face of overpowering force and unspeakable humanly inflicted suffering. Aung San Suu Kyi is an exemplar of the heroic victim paradigm – prisoners of conscience, in Amnesty International’s terms. Because heroic victims face off against the repressive power of the state to fight injustice, they are by no means passive, but they must be innocent of wrongdoing – that is, they must use nonviolent means of dissent – to qualify as heroic victims. Second, I problematize the asymmetrical conceptions of innocence that underwrite the two victim paradigms. Whereas the pathetic victim paradigm identifies innocence with passivity, the heroic victim paradigm countenances agentic victims and adverts to a universalist, absolutist stance on the limits of the legitimate use of state power to ascribe innocence to heroic victims. Both conceptions of innocence are out of keeping with well established social and legal practices regarding what constitutes coercive force and innocent victimhood. Consequently, there is reason to be skeptical of the two victim paradigms. Third, I identify two kinds of human rights violations and two categories of victims that AI defends despite their failure to fit the two paradigms – women trafficked into sex work and prisoners on death row. In many cases, women forced to do sex work are not innocent girls who are ignorant of the trafficking system and who helplessly fall prey to smugglers. They are desperately poor women who for that reason are willing to take enormous risks to try to relieve their own and often their families’ deprivation and suffering. Although these women act nonviolently for irreproachable reasons, they lack the public political agendas that characterize heroic victims. Unless non-fulfillment of subsistence rights is recognized as a form of overpowering force that inflicts severe, avoidable suffering, these women do not qualify as pathetic victims either. The victim paradigms pose an even greater obstacle to recognizing that the death penalty is a human rights violation and that death row prisoners are victims. Because a jury concluded that these individuals committed heinous, violent crimes, they are excluded by the heroic victim paradigm. Only if death row prisoners can be proven (usually through DNA evidence) not to have committed the crimes for which they were convicted can these individuals qualify as pathetic victims. In the absence of any reason to believe that they are innocent and especially if they are unrepentant, they are widely regarded as brutal victimizers of others who deserve no sympathy for, let along relief from, the suffering they “brought on themselves.” Finally, I confront the Othering of victims that results from the two victim paradigms, which leads many victims to eschew the label, thereby opting out of human right discourse. I propose revisions in the victim paradigms that eliminate the real-world exclusions they sponsor as well as the Othering of victims of human rights abuses. In particular, I endorse greater attention to what people and the institutions they create do to other people, and I favor a presumption that unnecessary and severe humanly inflicted suffering is a human rights violation. Moreover, I reject the innocence criterion embedded in the two paradigms and urge that it be replaced by a burdened agency criterion. These modifications better align the concept of a victim with a realistic understanding of human subjectivity and agency and allow for a more capacious understanding of who is a bearer of human rights and under what conditions right-holders become victims of rights violations. (shrink)

There are two ways of thinking about instants of time: "spatial" accounts emphasize the similarities between instants and places; "modal" accounts focus on the parallels between times and possible worlds. My aim in this paper is to draw attention to one respect in which times are more similar to possible worlds than they are to places.

As national and state health care policy -making becomes contentious and complex, there is a need for a forum to debate and explore public concerns and values in health care, give voice to local citizens, to facilitate consensus among various stakeholders, and provide feedback and direction to health care institutions and policy makers. This paper explores the role that regional health care ethics committees can play and provides two contrasting examples of Networks involved in facilitation of public input into and (...) the development of health care policies and adoption of state-wide practices. (shrink)

Abstract: Giorgio Agamben's recent works have been preoccupied with a certain obscure passage from St. Paul's 'Second Epistle to the Thessalonians,' which describes the portentous events that must occur before the Second Coming of Jesus Christ can take place---specifically, the appearance of a 'man of lawlessness' (the Antichrist?) and the exposure of who or what is currently restraining the 'man of lawlessness' from being exposed as the Antichrist: a mysterious agency called the 'katechon.' In 'The Mystery of Evil: Benedict XVI (...) and the End of Days,' this obscure passage is connected with the abdication of Pope Benedict XVI through certain equally obscure references to the fourth century theologian, Tyconius, although the precise connection between these apocalyptic events and their mysterious agents remains obscure. This review attempts to shed some critical light upon this cryptic subject, both by considering the world-historical context of St. Paul's epistle, and by asking what role these apocalyptic figures play in Agamben's political theology. But, to begin with, the review also asks: Who, really, is the Antichrist? a scarcely rhetorical question that demands a sardonic answer. Although various candidates from contemporary politics are proposed, the review finally argues that the Antichrist and the katechon are not specific individuals or worldly institutions, but rather refer to world-historical trends within Western European Christian civilization itself that have resulted in what Friedrich Nietzsche called 'the devaluation of all higher values' and 'the desecration of the Christian moral world-view': an apocalyptic turn of events which Nietzsche equally sardonically referred to in 'The Antichrist.'. (shrink)

This paper addresses two related topics: 1. The disanalogies between elective cosmetic practices and sex reassignment surgery. Why does it seem necessary for me – an aging professional woman – to ignore the blandishments of hairdressers wielding dyes and dermatologists wielding acids and scalpels? Why does it not seem equally necessary for a transgendered person to repudiate sex reassignment procedures? 2. The role of the body in identity and agency. How do phenomenological insights regarding the constitution of selfhood in relation (...) to the interplay between the body image and corporeal know-how contribute to an account of the agency of transgendered individuals? Studying several paintings by contemporary feminist artist Jenny Saville has advanced my thinking on these topics. Saville’s imagery is an invaluable aid to reflection on these issues because she uses her painterly technique, which critics often dub “virtuoso,” to represent lived human bodies. In her work, viewers encounter representations of subjectivized, agentic corporeity, as distinct from inert, objectified flesh. Moreover, her sympathetic engagement with nonconformist, devalued bodies helps to reconfigure the standard gestalts of the human body that viewers typically carry with them and thus to convert fear and/or disgust into appreciation and understanding. In this paper, I consider three of Saville’s paintings. Plan, Saville’s self-portrait as a nude female whose body has been prepped for liposuction, conveys the pathos of this procedure. Matrix is a nude portrait of self-described “gender variant visual artist” Del LaGrace Volcano. In the words of one critic Saville’s depiction of Volcano’s nude intersexed body “restores beauty to the primitive [female] genital organ.” Passage, another nude portrait of an intersexed individual, is an image of vibrant sexuality despite the presumptively jarring juxtaposition of breasts and a penis. I argue that conceiving the agentic subject as a rational deliberative capability that uses a conjoined body as the instrument of its will makes it impossible to theorize the agency of transgendered people. In contrast, when agentic subjects are understood as embodied subjects and embodiment is understood as a dimension of practical intelligence, the agency of transgendered individuals is intelligible. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

Jenny Saville is a leading contemporary painter of female nudes. This paper explores her work in light of theories of gender and embodied agency. Recent work on the phenomenology of embodiment draws a distinction between the body image and the body schema. The body image is your representation of your own body, including your visual image of it and your emotional attitudes towards it. The body schema is comprised of your proprioceptive knowledge, your corporeally encoded memories, and your corporeal proficiency (...) with respect to various environments and activities. Saville is concerned with body image issues, and I discuss how she reconfigures representational practices with respect to feminine body images. However, the most exciting potential for feminist analysis of the state of the female nude derives from the concept of the body schema, for this concept endows the human body with subjectivity and agency. My key question, then, is by what pictorial means and to what extent Saville succeeds in representing agentic womanhood. I argue that interpreting Saville’s paintings from the standpoint of the body schema demonstrates the radicality of her remaking of the female nude and the rapport between her imagery and feminist values. (shrink)

It is not uncommon for people to suffer identity crises. Yet, faced with similarly disruptive circumstances, some people plunge into an identity crisis while others do not. How must selfhood be construed given that people are vulnerable to identity crises? And how must agency be construed given that some people skirt potential identity crises and renegotiate the terms of their personal identity without losing their equilibrium -- their sense of self? If an adequate theory of the self and agency must (...) be able to account for this capacity to avert identity crises, I argue that it must include an account of agentic corporeity. After explaining what an identity crisis is, I examine Charles Taylor’s and David Velleman’s accounts of identity and agency and argue that their omission of agentic corporeity makes it impossible for them to convincingly account for the ability to avert an identity crisis. In the spirit of Merleau-Ponty’s account of the intentional arc and J. J. Gibson’s account of the relation between corporeity and affordances, I sketch an account of psychocorporeal practical intelligence that includes three main components – psychocorporeal insight, psychocorporeal values, and psychocorporeal versatility. I conclude by connecting my position to Aristotle’s views about practical understanding and by arguing that both Taylor and Velleman have reason to embrace my position. (shrink)

Poverty, Agency, and Human Rights collects thirteen new essays that analyze how human agency relates to poverty and human rights respectively as well as how agency mediates issues concerning poverty and social and economic human rights. No other collection of philosophical papers focuses on the diverse ways poverty impacts the agency of the poor, the reasons why poverty alleviation schemes should also promote the agency of beneficiaries, and the fitness of the human rights regime to secure both economic development and (...) free agency. The book is divided into four parts. Part 1 considers the diverse meanings of poverty both from the standpoint of the poor and from that of the relatively well-off. Part 2 examines morally appropriate responses to poverty on the part of persons who are better-off and powerful institutions. Part 3 identifies economic development strategies that secure the agency of the beneficiaries. Part 4 addresses the constraints poverty imposes on agency in the context of biomedical research, migration for work, and trafficking in persons. (shrink)

Fifteen years after the September 11th terror attacks, the United States still exists in a state of exception or state of emergency, in which the executive branch claims extraordinary powers to carry out bombing strikes or drone attacks in foreign nations and to engage in surveillance against its citizens outside the boundaries of international and constitutional law. This blog-piece argues for a restoration of the constitutional limiuts on sovereign executive powers and a cessation of the war on terrorism.

A review of Giorgio Agamben's The Mystery of Evil: Bendict XVI and the End of Days, which attempts to place Agamben's peculiar argument regarding Pope Benedict's abdication in the context of his reading of St. Paul's 2 Thessalonians 2:1-12, and, more generally, in terms of his political-theology in the Homo Sacer series. The questions, 'Who is the Antichrist?' and 'Who (or what) is the katechon?' are also explored, in the attempt to translate Agamben's obscure theology into contemporary political terms.

In this paper, by suggesting a formal representation of science based on recent advances in logic-based Artificial Intelligence (AI), we show how three serious concerns around the realisation of traditional scientific realism (the theory/observation distinction, over-determination of theories by data, and theory revision) can be overcome such that traditional realism is given a new guise as ‘naturalised’. We contend that such issues can be dealt with (in the context of scientific realism) by developing a formal representation of science based on (...) the application of the following tools from Knowledge Representation: the family of Description Logics, an enrichment of classical logics via defeasible statements, and an application of the preferential interpretation of the approach to Belief Revision. (shrink)

ABSTRACT Approaching Cognitive-Behavioral and Existential Therapy Through Neo-Confucianism (December 1984). Joffre Denis Meyer, B. A. Texas A&M University Chairman of Graduate Committee: Dr. William R. Nash -/- The thesis is an effort to bring Neo-Confucian insights to modern cognitive- behavioral and existential therapy. The adaptability of Neo-Confucianism is illustrated through the growth-system inherent in its concepts. Frequently, Neo-Confucian sages and modern psychologists used virtually identical statements. Moreover, humanity faces the same basic issues while the particularizations vary. The importance of (...) reason, manners, appropriate behavior and self-actualization remains constant. However, the methods of their attainment change with time. The history of the Confucian/Neo-Confucian tradition is filled with such conceptual modifications. -/- Neo-Confucianism is a syncretic philosophy that utilized elements of Zen, Taoism, and Legalism within Confucian teachings. This adaptation increased the sages' ability to communicate with a wider range of people. In effect, the Neo-Confucian movement was perhaps the earliest practice of eclectic counseling. Neo-Confucianism itself has undergone development from its eleventh-century origins to the present-day scholarly journals. -/- The researcher does not believe the key issue in inter- disciplinary studies is whether psychology is being applied to philosophy or vice-versa. Neo-Confucianism pragmatically asserts that the true test of a philosophy rests in its ability to help the individual. Mere intellectual exercise contradicts the unity of knowledge and action. The thesis has five chapters. The existential therapy chapter uses a predominantly Western psychology format while the cognitive-behavioral therapy chapter uses Wang Yang-ming's Four Axiom Teaching as an outline. -/- The thesis also includes Neo-Confucian cognitive-moral development observations reminiscent of Lawrence Kohlberg's stage theories. Neo-Confucianism could be described as an education in evolving from preconventional to principled reasoning. Occasional parallels are drawn between process philosophy and Neo-Confucianism as well. -/- There is also a chapter in which Confucian commentaries are provided to actual case studies faced by Albert Ellis and Maxie Maultsby. A Chinese glossary is provided at the end of the introduction. There are five figures in the text, two of which are summarizing models in the conclusion. -/- . (shrink)