If one can judge a society by how it treats its prisoners, one can surely judge a society by how it treats cognitively- and learning-impaired children. In the United States children with physical and cognitive impairments are subjected to higher rates of corporal punishment than are non-disabled children. Children with disabilities make up just over 13% of the student population in the U.S. yet make up over 18% of those children who receive corporal punishment. Autistic children are (...) among the most likely to receive corporal punishment. -/- Although they may deny or redescribe particular instances of corporal punishment or their use of restraints, educators defend such actions as legitimate punishment. In this paper, I assess the logic underlying the use of restraints and corporal punishment on autistic children by educators. The rationalizations for the corporal punishment or restraint of autistics stems from the educator’s desire to control the autistic children so as to end typical autistic behaviors such as rocking, repetitive verbalizations, or “flapping” but also the autistic child’s non-affective responses such as not appearing to feel remorse or shame or the absence of a verbal acknowledgement of remorse or shame. The educators assume that the autistic’s failure to exhibit the desired responses is evidence of the autistic’s moral incorrigibility and is, therefore, evidence of the appropriateness of corporal punishment. But this assumption of the incorrigibility of the autistic child is questionable. -/- Indeed accepting this incorrigibility assumption reveals two important problems. First, instructors using physical punishment on autistic children do not understand autism. Second, they are not working with a tenable conception of punishment. Any action undertaken to induce socially acceptable behaviors (whether it be the end of autistic acts or responses such as remorse) is to fail to understand what the legitimate punishment of children is about. (shrink)

Progressive stacking is a strategy for prioritizing in-class contributions that allows marginalized students to speak before non-marginalized students. I argue that this strategy is both pedagogically and ethically defensible. Pedagogically, it provides benefits to all students (e.g., expanded in-class discourse) while providing special benefits (e.g., increased self-efficacy) to marginalized students, helping to address historic educational inequalities. Ethically, I argue that neither marginalized nor non-marginalized students are wronged by such a policy. First, I present a strategy for self-disclosure that reduces the (...) risk of inadvertent, unwanted disclosure while respecting marginalized student autonomy in a manner analogous to accommodations provided under the Americans with Disabilities Act. Second, I argue that non-marginalized students are not wronged because such students are not silenced during discussion and because non-marginalized students benefit from the prioritization of marginalized voices. (shrink)

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play (...) an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. (shrink)

This essay seeks to acknowledge the unsettling reality of children being intentionally maimed towards disability and disfigurement as economic commodity. The issue is easily invisibilized in modern education, and understandably so: the trauma triggered by these bloody realities can automatically disqualify the content for formal in school education as a form of “unwelcome truth”. Freire and Fanon, however, did not shy away from the horrific state of life for the oppressed and the wretched in their consideration of pedagogy. The lived (...) experience of maimed children is tragic, but it is lived experience nonetheless – acknowledged by hooks as “a way of knowing that coexists in a non-hierarchical way with other ways of knowing” (2014). In other words, this knowledge exists but is arguably not mobilized by society towards action. Critical consciousness, upheld by Freire as the key to seeing inequality to act upon it, is a goal beyond reach for the maimed children themselves. Here, we consider the extension proposed by Nicholls (2011), who discusses pedagogy of the privileged as an equally important parallel towards collaborative action against long-standing inequalities. In the context of these children having minimal access to education, we contend that privileged students must be the ones to carry forth the knowledge towards their own critical consciousness. Specifically, we explore what acknowledging children who are maimed could offer towards pedagogy, in relation to helping students to 1) minimize the act of “othering” in a global community; 2) reconsider the role of mass-media and media literacy in their critical consciousness; and 3) move away from surface-level, performative charity against societal inequalities. (shrink)

American History X (hereafter AHX) has been accused by numerous critics of a morally dangerous cinematic seduction: using stylish cinematography, editing, and sound, the film manipulates the viewer through glamorizing an immoral and hate-filled neo-nazi protagonist. In addition, there’s the disturbing fact that the film seems to accomplish this manipulation through methods commonly grouped under the category of “fascist aesthetics.” More specifically, AHX promotes its neo-nazi hero through the use of several filmic techniques made famous by Nazi propagandist Leni Riefenstahl. (...) Now most critics admit that, in the end, the film claims to denounce racism and attempts to show us the conversion of the protagonist to the path of righteousness, but they complain that nonetheless the film (perhaps unintentionally) ends up implicitly promoting the immoral worldview it rather superficially professes to reject in its final act. This charge of hypocrisy is connected to another worry: the moral conversion in the film is said to fall flat because the intellectual resources on display to support the character’s racism are not counterbalanced by equally explicit (but superior) arguments for the anti-racist position ultimately embraced by the character. In other words, just as the devil is said to get all the good lines in Milton’s Paradise Lost, in AHX the racists get all the arguments. This has been taken to be a morally problematic flaw of the film. Critics lament that Derek’s conversion seems to result not from relevant logical inferences and valid rational argumentation but from overly simplistic and arguably egoistic insights (e.g., “has anything you've done made your life better?”) combined, perhaps, with a hackneyed cliché (in prison, one of his best friends is a black person!) In this paper I’ll attempt to rebut these charges and defend the film as a powerful, and powerfully moral, work of art. I’ll be suggesting that the seductive techniques employed allow for many viewers a degree of sympathy towards the protagonist that is crucial, both for making that character’s more horrific actions especially unsettling, and also for making his eventual conversion plausible and ultimately compelling. I’ll also argue that the manner in which his conversion is presented is in fact subtler than many critics have allowed: Derek’s transformation is not artificial or implausible but is depicted as resulting from a cumulative series of emotionally powerful life events and personal engagements. It is certainly true that it is not represented in the way some would seemingly have preferred, i.e. as straightforwardly resulting from a process of gradual intellectual improvement in Derek’s reasoning on questions of race and politics. However, I’ll argue that the decidedly emotional basis of his moral evolution is both refreshingly realistic and no hindrance to accepting his conversion as rational. Finally, properly understanding the legitimacy of the emotional foundations of much moral thought will also allow us to appreciate the ways in which our initial worries about this film’s (not insignificant) ability to persuade viewers through the engagement of emotions need not, in itself, be seen as a barrier to endorsing the film as a morally praiseworthy work. (shrink)

A complete theory of the permissibility of sex must not only determine the permissibility of sex between typical adult humans. In addition, it must also adequately take into consideration sex acts involving non-human animals, children, and humans with intellectual disabilities. However, when trying to develop a non-discriminatory account that includes these beings, two worrying problems of animal sex arise. To surpass them, I argue for a reformulation of the standard theory. To produce a truly inclusive account our theory (...) should be focused on assent, dissent, the significance of sex, and the similarity of the beings engaging in the sex act. (shrink)

This chapter touches upon the damaging impact of neoliberal reason on institutions of higher education, and my efforts as a teacher to help turn things around by re-vitalizing the classroom. After a critique of current neoliberal ‘borderline times’, the chapter takes the reader on a journey of diffractive re-imaginings in which I share some of my experiences of co-learning with undergraduates in an American feminist-philosophical classroom. My central argument is that the neoliberalism-induced crisis in education can be affirmatively counteracted (...) through experimentations with various posthuman and new materialist theories, and the Harawayan-Baradian methodology of diffraction in particular. Furthermore, informed by the impression that theory and pedagogical praxis go hand in hand in many contemporary feminist new materialisms, I zoom in on daily acts of resistance against the neoliberal corporatization of the American university, acts that actualized themselves as feminist new materialist pedagogies. Three examples of diffractive pedagogical strategies are then discussed in detail. (shrink)

Some parents have taken steps to ensure that they have deaf children, a choice that contrasts with the interest that other parents have in enhancing the traits of their children. Julian Savulescu has argued that, morally speaking, parents have a duty to use assisted reproductive technologies to give their children the best opportunity of the best life. This view extends beyond that which is actually required of parents, which is only that they give children reasonable opportunities to form and (...) act on a conception of a life that is good for them. Does the selection of deaf children violate that responsibility? Morally speaking, parents should refrain from using assisted reproductive treatments or prenatal interventions in order to have a child with a disability. Deafness and other disabilities represent intrinsic disadvantages that cannot be offset by other advantages that families and society can offer to people. By the same token, neither should parents seek enhancements of intelligence or physical traits that would undercut intrinsic goods of human life in similar ways. These moral arguments do not, however, sustain the judgment that the law should necessarily interfere with parents' decisions in these matters, even if those choices are morally unwise. (shrink)

In "Frailty Triage: Is Rationing Intensive Medical Treatment on the Grounds of Frailty Ethical?," Wilkinson (2021) argues that the use of frailty scores in ICU triage does not necessarily involve discrimination on the basis of disability. In support of this argument, he claims, “it is not the disability per se that the score is measuring – rather it is the underlying physiological and physical vulnerability." While we appreciate the attention Wilkinson explicitly pays to disability in this piece, we find the (...) distinction between disability and underlying vulnerability untenable both theoretically and practically. In this peer commentary, we begin with a brief overview of research in philosophy of disability concerning the meaning of the concept itself. We argue that this research demonstrates that many forms of disability do not involve underlying vulnerabilities, and, furthermore, that Wilkinson equivocates between "disability" understood as a medical category vs. "disability" understood as a feature of lived experience. We reject Wilkinson’s distinction on these grounds and offer further considerations to avoid disability discrimination in emergency and crisis standards of care contexts. (shrink)

This chapter begins by sketching an account of morally responsible agency and the general conditions under which it may fail. We discuss how far individuals with psychiatric diagnoses may be exempt from morally responsible agency in the way that infants are, with examples drawn from a sample of diagnoses intended to make dierent issues salient. We further discuss a recent proposal that clinicians may hold patients responsible without blaming them for their acts. We also consider cognitively impaired subjects (...) in the light of related issues in moral and political theory, asking whether they have been unjustly excluded from liberal conceptions of political community due to their presumed lack of agency. (shrink)

Not long after the 2001 invasion of Afghanistan, an American citizen was captured by U.S. soldiers on he battlefield carrying a weapon and wearing the dress of a Taliban soldier. Heralded by the news media as the “American Taliban,” he became a spectacle, bound, gagged, naked and blind-folded on a stretcher in a photo taken soon after his capture. The story of how the homeschooled twenty-year-old from a middle-class Northern California family became an enemy combatant in the Afghani desert piqued (...) the popular imagination. After converting to Islam, he went to Yemen, learned Arabic, returned home and then left again to attend a madrassa (or Islamic religious school) before receiving training at an Al-Qaeda training camp in Afghanistan. Some Americans reacted to the young man’s story with wonder; others with loathing. How did this youth stray from the values that most Americans hold dear? In fact, he did not. Similar to Paul Maud’dib who, at the end of Dune Messiah, wandered into the desert a blind holy man, the American Taliban had acted in accordance with values that most American prize: self-reliance, ingenuity, spirituality and practical know-how. It is widely believed that the Fremen culture derives from their religion, Zensunni , an imaginative blending of Zen Buddhism and Sunni Muslim beliefs. However, a closer look reveals that the Fremen (similar to the American Taliban) were shockingly American in their core values. To demonstrate this, I begin by discussing the weirdness of Dune’s Fremen, their religion, customs and lifestyle. Then, I give a brief summary of American philosopher Ralph Waldo Emerson’s famous essay “Self-Reliance” followed by a similar treatment of John Dewey’s notion of democracy as a way of life. The essay returns to paint a clearer picture of the American Fremen and their exhilarating though dangerous faith in jihad as a way of life. (shrink)

An area agency on aging is a public or private nonprofit organization designated by the state to address the needs and concerns of all older persons at the regional and local levels in the United States 2019). AAAs have a successful history of developing, coordinating, and implementing comprehensive networks of services and programs that enrich communities and the lives of older adults. AAAs were established through a provision of the Older Americans Act, which was signed into law by President (...) Lyndon B. Johnson. Specifically, AAAs were created with the 1973 reauthorization of the OAA. AAAs create the infrastructure to execute comprehensive long-term support services that ensure the independence of older adults. (shrink)

An area agency on aging (AAA) is a public or private nonprofit organization designated by the state to address the needs and concerns of all older persons at the regional and local levels in the United States (Administration for Community Living (ACL) 2019). AAAs have a successful history of developing, coordinating, and implementing comprehensive networks of services and programs that enrich communities and the lives of older adults. AAAs were established through a provision of the Older Americans Act (OAA (...) 1965), which was signed into law by President Lyndon B. Johnson. Specifically, AAAs were created with the 1973 reauthorization of the OAA. AAAs create the infrastructure to execute comprehensive long-term support services that ensure the independence of older adults. (shrink)

Cecilea discusses with Shelley Tremain her experience as a first-generation U.S. citizen and first-generation university graduate; why she was motivated to study philosophy and become a professional philosopher; the launching of the new, open access, online journal, the Journal of Philosophy of Emotions (JPE); the “mismatch” between what she seemed like “on paper” and what she is is capable of; how societal, institutional, professional, and philosophical practices and policies must be adjusted to enable others like her to flourish as (...) professional philosophers; and any resources—such as articles, books, and videos—that she would like to recommend on the topics and issues that she has addressed in this interview. (shrink)

Recently, bioethicists and the UNCRPD have advocated for supported medical decision-making on behalf of patients with intellectual disabilities. But what does supported decision-making really entail? One compelling framework is Anita Silvers and Leslie Francis’ mental prosthesis account, which envisions supported decision-making as a process in which trustees act as mere appendages for the patient’s will; the trustee provides the cognitive tools the patient requires to realize her conception of her own good. We argue that supported decision-making would be (...) better understood as a collaborative process, giving patients with intellectual disabilities the opportunity to make decisions in a respectful relationship with trusted others. We offer an alternative account of supported decision-making where the primary constraint is to protect the patient from domination by the trustee. This is advantageous in its preservation of the prospects for genuine collaboration, for the mental prosthesis approach ultimately reinforces a problematic ideal of isolated patient self-determination. (shrink)

The Affordable Care Act (ACA) may be the most important health law statute in American history, yet much of the most prominent legal scholarship examining it has focused on the merits of the court challenges it has faced rather than delving into the details of its priority-setting provisions. In addition to providing an overview of the ACA’s provisions concerning priority setting and their developing interpretations, this Article attempts to defend three substantive propositions. First, I argue that the ACA is neither (...) uniformly hostile nor uniformly friendly to efforts to set priorities in ways that promote cost and quality. Second, I argue that the ACA does not take a single, unified approach to priority setting; rather, its guidance varies depending on the aspect of the health care system at issue (Patient Centered Outcomes Research Institute, Medicare, essential health benefits) and the factors being excluded from priority setting (age, disability, life expectancy). Third, I argue that cost-effectiveness can be achieved within the ACA's constraints, but that doing so will require adopting new approaches to cost-effectiveness and priority setting. By limiting the use of standard cost-effectiveness analysis, the ACA makes the need for workable rivals to cost-effectiveness analysis a pressing practical concern rather than a mere theoretical worry. (shrink)

This inquiry is addressed to two questions: (1) what if any logical relations might exist between the concepts of desire and action (as they and the distinctions to which they commit us are ensconced in ordinary parlance), and (2) what if any causal or significant non-causal (i.e., material) relations might ever exist between instances of desire and action? -/- It is held that any credible move to deal with such questions must initially, and at some length, specify the employment (...) conditions for the terms 'want' and 'desire'. This is accomplished in the first two chapters wherein a set of premises is generated for the argument of the inquiry which is presented in full and concluded in the third and final chapter. Premises generated devolve from treatment of the following major topics: (a) the grammar of 'want' and 'desire', (b) the ontological status of wants, (c) first-person and third-person want ascriptions, (d) the sorts of things which may be desired (desiderabilia), (e) wants and lacks, (f) wants and wishes, (g) the 'conflicts' of desires and reason and desire, (h) four major candidates for logical relations between wants and acts, (i) the issue of causation, and (j) the placement of Desire in an adequate ontology of persons. -/- It is argued that every major candidate for a logical relation between wants and acts (or our warrant for believing that such a connection exists) breaks down upon analysis; that little warrant exists for construing wants as causes of acts; that wants and acts are related in significant non-logical and non-causal (i.e., material) respects; and that any fully adequate theory of human action must undertake ontology, placing the category of Desire squarely in the foreground. This project represents neither a general theory of desire nor a general theory of human action. It is rather conceived as a propaedeutic to any such inquiry. It is essentially revisionist in intent, setting out on the one hand to challenge existing claims about wants and acts and, on the other hand, proposing a more satisfactory approach to the issue. In no sense is it suggested that recent Anglo-American contributions are without merit. It is rather argued that they are often inadequate contributions vis-a-vis the larger requirements for an adequate theory of human action. (shrink)

This commentary is part of a symposium on my book 'Getting Our Act Together: A Theory of Collective Moral Obligations' (Routledge, 2021). Here, I respond to the members of the North American Society for Social Philosophy’s 2022 Book Award Committee. I discuss whether most moral theory is individualistic, arguing that “traditional ethical theories” - meaning the traditions of Virtue Ethics, Kantian ethics as well as consequentialist ethics - certainly are. All of these focus on what individual agents ought to do (...) or how they ought to be. The commentators wonder whether any substantive moral theory can accommodate the idea of collective obligations? I suggest that one of my conditions for collective moral obligations is incompatible with objectivist versions of act-utilitarianism, which require moral agents to choose the option that actually maximises utility. Having said that, core elements of my account of collective moral obligations can be used with any substantive theory. Further, the theory—in its entirety—can be used with several substantive theories, including versions of all the major types of moral theory. How common are collective obligations? On my understanding, as fundamentally social thinkers, we are fairly flexible at switching between the we-mode and the I-mode, and will regularly respond to contextual cues for framing collective action scenarios. As such, I am not worried that there would be too few circumstances under which we have all-out collective obligations. What is more, we can generate such obligations by providing contextual cues for others that prompt them to frame situations as opportunities for joint action and to perform contributory actions. Another question raised by the commentators was if for having collective obligations it is crucial that we believe others will contribute? My answer is that such obligations do not necessarily depend on having positive evidence that concrete others are or will be contributing. Having said that, where we have positive evidence that others will not contribute and in particular where we know that their failure to contribute will unilaterally undermine the possibility of success of any collective action (as in strict joint necessity cases) this may undermine collective obligations. On my theory, what happens if people disagree on what is morally best? On my view, where such divergence between moral positions comes as a result of disagreement between morally motivated, reasonable, and well-informed people it undermines their collective obligation. Finally, are there “negative” collective duties? Yes, in fact collective harm cases can be conceived of as generating “negative” duties to collectively refrain from generating these kinds of harms, including our obligations to mitigate climate change through reducing greenhouse emissions. (shrink)

The standard form of act-consequentialism requires us to perform the action with the best consequences; it allows choice between moral options only on those rare occasions when several actions produce equally good results. This paper argues for moral options and thus against act-consequentialism. The argument turns on the insight that some valuable things cannot exist unless our moral system allows options. One such thing is the opportunity for individuals to enact plans for their life from among alternatives. Because planning (...) one’s life has value, and because it requires moral options, a world governed by a moral system that admits of options is better than one governed by act-consequentialism. The paper argues that these facts entail that morality admits of a significant number of moral options; act-consequentialism is false. (shrink)

In his essay “Literary Vocation as Occupational Idealism: The Example of Emerson’s ‘American Scholar,’” Rob Wilson compares Ralph Waldo Emerson’s scholar with the present literary intellectual in American society. According to Wilson, rather than becoming the intellectual beacon of hope Emerson envisioned, the American (literary) scholar has become trapped in a kind of intellectual bondage by the very act of writing. That is, Wilson believes that the American scholar, because of the effect of Emersonian idealism, has been subjected to (...) repeating Emersonian moral symbols and aesthetic tropes, which has resulted in the alienation of the critic from American society (Wilson 84). However, as will be seen, Wilson’s .. (shrink)

A Confederacy of Dunces (Confederacy) by John Kennedy Toole portrays an interplay between competing definitions of humanism. The one school of humanism—called by some the Modernist Paradigm—saw the Italian Renaissance as the origin of nineteenth- and twentieth-century modernist views that celebrated science, technology, and individual human freedom. The other school, led by Paul Oskar Kristeller, sought to historicize humanism by establishing that Renaissance writers and thinkers were generally conservative and preserved the philosophical ideas of the medieval era. Kristeller was the (...) President of the Renaissance Society of America and was at the height of his influence at Columbia University during the late 1950s, when Toole studied for his Master’s degree there. The main character in Confederacy, Ignatius J. Reilly, presents a parody of Kristeller’s position, which he uses to critique modern society. Ignatius also plays the part of a child of the planetary god Saturn, both by acting out the ancient astrological tradition of associating Saturn with misfortune and disorder and by being a parody of the Renaissance concept of the Genius as a Child of Saturn begun by the Renaissance philosopher whom Kristeller studied most, Marsilio Ficino. Ignatius’s worldview is an antithesis of the Modernist Paradigm. Confederacy is critical of both Modernist humanism with its attendant materialism and its antithesis—Ignatius’s dysfunctional version of Kristeller’s Renaissance philosophy. When the community expels Ignatius as a scapegoat, Toole appears to gesture toward a dialectical synthesis of the two concepts of humanism in the novel’s happy ending. (shrink)

It has become standard for feminist philosophers of language to analyze Catherine MacKinnon's claim in terms of speech act theory. Backed by the Austinian observation that speech can do things and the legal claim that pornography is speech, the claim is that the speech acts performed by means of pornography silence women. This turns upon the notion of illocutionary silencing, or disablement. In this paper I observe that the focus by feminist philosophers of language on the failure to achieve uptake (...) for illocutionary acts serves to group together different kinds of illocutionary silencing which function in very different ways. (shrink)

The Asian American identity is intimately associated with upward class mobility as the model minority, yet women's earnings remain less than men's, and Asian American women are perceived to have strong family ties binding them to domestic responsibilities. As such, the exact class status of Asian American women is unclear. The immediate association of this ethnic identity with a specific class as demonstrated by the recently released Pew study that Asian Americans are “the highest-income, best-educated” ethnicity contrasts (...) with another study that finds Asian American women have the highest suicide rates in the United States. To understand these contrasting statistics, this article explores Asian American women's sense of authenticity. If the individual's sense of authenticity is intimately related with one's group identity, the association of the Asian American identity with a particular class ambivalently ensnares her as dichotomously inauthentic—as both the poor Asian American woman who fails to achieve economic upward mobility and the model minority Asian American woman who engages in assimilation practices. Feminist philosophers understand that identities change, but exactly how these transformations occur remains a mystery. The article ends with three speculations on the difficulties for practicing and recognizing individual acts that transform one's group identity. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought (...) to copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

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

This essay examines the cultural phenomena of noise in its perceived social constructions and demonstrates its emergence as a form of resistance against prevailing dominant hegemonic codes of culture. In particular, the paper explores the ability of noise to be enacted as a tool to escape the shackles of heteronormative constructions of sexuality and gender in the cultural landscape of the United States. Examined to support this argument are the contrasting works of two American artists: John Cage and Emilie Autumn. (...) Through Cage and his avant-garde articulations of sound, covert acts of resistance against the dominant heteronormative constructions of masculinity are explored, and through Autumn’s classical crossover work, a more overt and explicit form of resistance to subvert gender stereotypes and structures of normality and patriarchy are illuminated. Additionally, the paper explores possibilities for artists to engage with other movements, such as disability activism to create new possibilities for change. -/- . (shrink)

This paper investigates the interaction of gender, disability and education in rural Iran, which is a relatively unexplored field of research. The responses of 10 female students with disabilities from Isfahan indicated that the obstacles they faced included marginalization, difficulties in getting from home to school, difficulties within the school building itself, and discrimination by teachers, classmates and school authorities. The data collected for the study contain a wide range of conservative gendered discourses, and show how traditional gender (...) beliefs interact with disability to aggravate the problems faced in education by young women with disabilities. It is hoped that the findings will raise awareness among policy-makers of the many formidable obstacles that make it difficult for young women with disabilities to achieve their full potential in education. (shrink)

A. Klimczuk, Book review: A. Rimmerman, "Social Inclusion of People with Disabilities: National and International Perspectives", New York: Cambridge University Press, 2013, "Human Rights Review" Vol. 16, Iss. 4 2015, pp. 397-399.

It is widely accepted among medical ethicists that competence is a necessary condition for informed consent. In this view, if a patient is incompetent to make a particular treatment decision, the decision must be based on an advance directive or made by a substitute decision-maker on behalf of the patient. We call this the competence model. According to a recent report of the United Nations (UN) High Commissioner for Human Rights, article 12 of the UN Convention on the Rights of (...) Persons with Disabilities (CRPD) presents a wholesale rejection of the competence model. The High Commissioner here adopts the interpretation of article 12 proposed by the Committee on the Rights of Persons with Disabilities. On this interpretation, CRPD article 12 renders it impermissible to deny persons with mental disabilities the right to make treatment decisions on the basis of impaired decision-making capacity and demands the replacement of all regimes of substitute decision-making by supported decision-making. In this paper, we explicate six adverse consequences of CRPD article 12 for persons with mental disabilities and propose an alternative way forward. The proposed model combines the strengths of the competence model and supported decision-making. (shrink)

One widely used method for allocating health care resources involves the use of cost-effectiveness analysis (CEA) to rank treatments in terms of quality-adjusted life-years (QALYs) gained. CEA has been criticized for discriminating against people with disabilities by valuing their lives less than those of non-disabled people. Avoiding discrimination seems to lead to the ’QALY trap’: we cannot value saving lives equally and still value raising quality of life. This paper reviews existing responses to the QALY trap and argues (...) that all are problematic. Instead, we argue that adopting a moderate form of prioritarianism avoids the QALY trap and disability discrimination. (shrink)

The article discusses the actual problem of social support for people with mental health problems, which has an important place in the study field of social psychology and social work.The article also deals with the definition of the concept of “mental health”, the problem of introducing the term “mental health problems” as a way to avoid stigmatization, and the spread of a humanistic attitude to persons with a psychiatric diagnosis. It also discussed modern theoretical approaches that offer (...) an understanding of the contribution of biological, social, and psychological factors into the cause of mental health problems. -/- The problem of mental illness is common to all countries of the world, as WHO data evidenced the number of people with mental disorders among the world’s population, ranging from 4–5 %. According to researchers P. Voloshin and N. Maruta, the spread of mental and behavioral disorders in Ukraine is characterized by a slow increase of about 2.9 % in every 10 years. Researchers argue that in subsequent years, according to the prognostic data, there will be an increase in these indicators. The issue of providing social support to people with PDS in Ukrainian society is very relevant, which is complicated by their social isolation in the process of recovery after the treatment. The results of scientific research in the context of different cultures and relatively diverse life events (hospitalization, mental illness, unemployment, old age) generally confirm the positive results of using social support to promote mental and physical health. Instead, there are no studies in Ukrainian science related to the phenomenon of social support of people with mental health problems. -/- It is important to define the concepts of “mental health” and “mental health problems” in the process of studying the features of social support for people with mental health problems. The term “mental health” combines the medical and psychological fields of science and practice, but modern psychology offers a comprehensive approach to assessing the psychological health of a person, the psychological norm, its limits, taking into account the criteria of mental health. The description of the mental health given by the Psychological Dictionary points out the components of awareness and the sense of continuity, continuity and identity of their physical and mental “I”; sense of continuity and identity of experiences in similar situations; critical to yourself and your mental activity and its results; the adequacy of psychic reactions of force and frequency of environmental influences; the ability to manage their behavior in accordance with social norms; planning personal activities and implementing them; changing the way of behavior depending on the changing circumstances of life. -/- The concept of “mental health problem” was taken as a term that denotes all the symptoms classified in ICD-10 and DSM-IV, which are recommended by experts to clients for appropriate treatment and care. Scientists and mental health practitioners point out that mental health problems can affect the way an individual thinks, feels, and behaves; affects self-service, fulfills professional duties, social, family roles, and household behavior, which is usually deeply affected by the quality of life of the individual. Numerous results of the research show that there are specific psychological and personality factors apart from the biological causes of mental disorders (genetic factors that contribute to the imbalance of chemicals in the brain) that make people vulnerable to occurrences of the mental health problems. -/- Several modern theoretical approaches offer an understanding of the contribution of biological, social, and psychological factors to the induction of mental health problems: the traditional medical model, the rehabilitation model, the interface model, the social model, and the biopsychosocial approach. Only biopsychosocial and social models are consistent with the definition of WHO disability and emphasize the impact social aspects of mental health and the quality of life of people with mental health problems. -/- Individuals with PPP, as a social community, have specific needs that differentiate them from other members of society, one of which is the need for constant socio-psychological support. So, the contribution of psychology and social work to the quality of life of people with mental disorder lies in the application of professional approaches and methods based on the biopsychosocial (social) model, which emphasize the need for socio-psychological support. An example of such a technique is the model of modern social work practice “people-in-environment”, which serves as a guiding principle of social work and emphasizes the importance of understanding the persons with disorder and their behavior in the light of the multiple context of the social environment in which these persons live and act. Specialists of social work and psychology make interventions at three levels: individual, at the family level, and at the community level, by means of intensifying the support of the environment within the cognitive-behavioral and other approaches, which contribute to the process of reintegrating people with mental health problems into community. (shrink)

This study was designed to develop and validate an instrument that can enable researchers and scholars to measure the attitudes of teachers towards learners with disabilities in an inclusive classroom. The study was grounded on the three-components theory of attitude. A series of steps were followed to ascertain the face and content validity of the instrument. Based on the data collected from 532 respondents, preliminary screening was performed, items with weak or high correlation to others were dropped (...) or retained. The construct validity and dimensionality of the instrument was evaluated using Exploratory Factor Analysis (EFA), following the Principal Component Analysis (PCA) extraction, with a varimax rotation based on Eigenvalues greater than one. The results yielded a three-factor solution after suppressing loadings less than .40. These factors were labelled carefully based on the statements of the leading items loading. Cronbach alpha was employed in evaluating the reliability of the instrument, with values ranging from .849 to .938, indicating that the instrument is internally consistent. Consequently, the proposed 36 items instrument was reduced to 30 items. The procedures followed, coupled with the removal of dysfunctional items, resulted in an instrument with appropriate psychometric properties and high reliability for measurement. (shrink)

Kant famously insists that free will is a condition of morality. The difficulty of providing a demonstration of freedom has left him vulnerable to devastating criticism: critics charge that Kant's post-Groundwork justification of morality amounts to a dogmatic assertion of morality's authority. My paper rebuts this objection, showing that Kant offers a cogent demonstration of freedom. My central claim is that the demonstration must be understood in practical rather than theoretical terms. A practical demonstration of x works by bringing x (...) into existence, and what the demonstration of freedom brings into existence is a moral will, a will regulated by the moral law and capable of acting in accordance with it. Since to act morally is to act freely, bringing a moral will into existence actualizes our capacity for freedom and demonstrates that we possess it. To confirm the viability of such a demonstration, Kant must establish that agents can regulate their wills by practical principles, and that practical judgments are efficacious of themselves (i.e., that non-Humean motivational internalism is true). Kant, I argue, is successful on both counts. (shrink)

Research on transition to higher education and young people with disabilities has increased in recent years. However, there is still limited understanding of transition issues and how digital technologies, such as social media and mobile devices, are used by this group of students to manage these issues. This article presents the findings of an empirical study that addressed this matter based on young people’s views and experiences. The qualitative study was conducted in the context of a group of (...) students with vision impairments transitioning to a New Zealand university. The findings draw from observations, a researcher diary, focus groups, individual interviews, and data from social media. The study shows that, like their non-disabled peers, the students actively engaged with interactive and collaborative digital technologies to make sense, individually and collectively, of different transition issues before, during and after the first academic trimester of their university journey. (shrink)

So-called “ugly laws” were mostly municipal statutes in the United States that outlawed the appearance in public of people who were, in the words of one of these laws, “diseased, maimed, mutilated, or in any way deformed, so as to be an unsightly or disgusting object” (Chicago City Code 1881). Although the moniker “ugly laws” was coined to refer collectively to such ordinances only in 1975 (Burgdorf and Burgdorf 1975), it has become the primary way to refer to such laws, (...) which targeted the overlapping categories of the poor, the homeless, vagrants, and those with visible disabilities. Enacted and actively enforced between the American Civil War (1867) and World War I (1918), such laws and their enforcement can tell us much about the very sorts of people who were also, a generation later, subject to explicitly eugenic laws, such as sterilization legislation. And like eugenic laws and policies, such laws continue to affect the lives of people with disabilities to this day (Schweik 2011). (shrink)

The Disabilities Act of 1990 and the Developmental Disabilities Assistance and Bill of Rights Act of 2000 of United States in act to prevent social exclusion of people with intellectual and developmental disabilities (IDDs) and to cut back on unneeded expenditures to society. However, despite the protective legislation, the rights of adults with neurodevelopmental disorders have not yet been fully realised. There are several obstacles to overcome the neurological development related health care services, including health (...) care usage, educational and career pathways, family and social lives, self-fulfilment, and quality of life. There are significant gaps in the transition process that affect the health care systems. Lack of transition and transfer planning, neurodevelopmental disorder health care pathway services have lack of experience, education, and expertise which result the inadequate growth of the health care quality and create communication gap in between service providers and service users. The aim of this short communication is to mention and clarify the ethical concerns of neurodevelopmental service evaluation. (shrink)

An underexamined insight of W. E. B. Du Bois’s John Brown is that John Brown worked for much of his life to cultivate democratic relationships with the Black Americans with and for whom he worked. Brown did so through practicing deference and deliberation, and by seeking authorization. However, Brown’s commitment to these practices faltered at a crucial moment in decision making: when he raided Harpers Ferry absent widespread support. Examining this aspect of John Brown brings into relief (...) an overlooked tragic choice Brown made: To act in accordance with his own substantive vision of what justice required, Brown eschewed democratic ideals and practices that grounded the distinctive relations of equality he had cultivated with the Black communities with and for whom he worked. (shrink)

This contribution explores disability rights protection in Inter-American States within the framework of the OAS and in the context of the obligations established under the CIADDIS and the CRPD. Following the classical division between ‘primary’ and ‘secondary’ rules, the contribution first sketches key regulatory initiatives in the area of disability rights and second considers compliance and enforcement mechanisms. Along these lines, the first section illustrates similarities and differences between the CIADDIS and the CRPD and, within this framework, essential regional regulatory (...) initiatives. The second section assesses disability rights in select countries, based on periodic reports under the CIADDIS and CRPD. The section examines the four largest countries by population in the region, notably, the United States of America (US), Mexico, Brazil and Colombia. The third section explores the enforcement of disability rights via key cases before the Inter-American Commission on Human Rights (IAComHR) and the Inter-American Court of Human Rights (IACtHR). The purpose is providing a comprehensive understanding of disability rights in the region and identifying key regulatory problems and ways forward. (shrink)

When we look at our political landscape today, I wonder where has our integrity gone? -/- Teachers want to know how to explain (if that’s the right word) the language and behavior of the current American president to children in their class. He lies, he is rude and inconsiderate; he bad-mouths people and makes fun of people with disabilities. And classroom teachers not only teach certain disciplines; they also teach the need for civil discipline. The latter seems to (...) be lacking with the current president. -/- How do we teach for integrity in a time, which seems to be totally lacking in any true sense of integrity. (shrink)

I propose an analysis of lying with uninformative speech acts. The orthodox view states that lying is restricted to assertions. However, the growing case for non-assertoric lies made by presuppositions or conventional implicatures challenges this orthodoxy. So far, the only presuppositions to have been considered as lies were informative presuppositions. In fact, uninformative lies were not discussed in the philosophical literature. However, limiting the possibility of lying to informative speech acts is too restrictive. Firstly, I show that standard, uninformative (...) presuppositions can also be lies. Secondly, I extend this picture into uninformative lies made by declarative statements. To implement my proposal, I do not need a new definition of lying. Recently popular commitment-based definitions of lying are able to properly handle uninformative lies. (shrink)

Background -/- Previous literature suggests that those with reading disability (RD) have more pronounced deficits during semantic processing in reading as compared to listening comprehension. This discrepancy has been supported by recent neuroimaging studies showing abnormal activity in RD during semantic processing in the visual but not in the auditory modality. Whether effective connectivity between brain regions in RD could also show this pattern of discrepancy has not been investigated. Methodology/Principal Findings -/- Children (8- to 14-year-olds) were given a (...) semantic task in the visual and auditory modality that required an association judgment as to whether two sequentially presented words were associated. Effective connectivity was investigated using Dynamic Causal Modeling (DCM) on functional magnetic resonance imaging (fMRI) data. Bayesian Model Selection (BMS) was used separately for each modality to find a winning family of DCM models separately for typically developing (TD) and RD children. BMS yielded the same winning family with modulatory effects on bottom-up connections from the input regions to middle temporal gyrus (MTG) and inferior frontal gyrus(IFG) with inconclusive evidence regarding top-down modulations. Bayesian Model Averaging (BMA) was thus conducted across models in this winning family and compared across groups. The bottom-up effect from the fusiform gyrus (FG) to MTG rather than the top-down effect from IFG to MTG was stronger in TD compared to RD for the visual modality. The stronger bottom-up influence in TD was only evident for related word pairs but not for unrelated pairs. No group differences were noted in the auditory modality. Conclusions/Significance -/- This study revealed a modality-specific deficit for children with RD in bottom-up effective connectivity from orthographic to semantic processing regions. There were no group differences in connectivity from frontal regions, suggesting that the core deficit in RD is not in top-down modulation. (shrink)

This chapter canvases a number of ways that issues surrounding disability intersect with social epistemology. We begin with a discussion of how social epistemology as a field and debates concerning epistemic injustice in particular would benefit from further (a) engaging the fields of disability studies and philosophy of disability and (b) more directly addressing the problem of ableism. In section two, we turn to issues of testimony, “intuitive horribleness,” and their relationship to debates concerning disability and well-being. We (...) address how the regular lack of uptake of disabled people’s testimony can lead to a number of structural rather than merely individual epistemic injustices, and we also consider how the very nature of some disabilities make testimonial issues more complicated. We conclude by discussing various norms of social interaction and how they can systematically disadvantage Autistic people in particular with respect to all the issues discussed herein. (shrink)

In this peer commentary on L. Syd M. Johnson’s “Inference and Inductive Risk in Disorders of Consciousness,” I argue for the necessity of disability education as an integral component of decision-making processes concerning patients with DOC and, mutatis mutandis, all patients with disabilities. The sole qualification Johnson places on such decision-making is that stakeholders are educated about and “understand the uncertainties of diagnosis and prognosis.” Drawing upon research in philosophy of disability, social epistemology, and health psychology, I (...) argue that this educational qualification is insufficient to address systemic ableism and other forms of epistemic bias in quality of life judgments. (shrink)

In Morals from Motives, Michael Slote proposed an agent-based approach to virtue ethics in which the morality of an action derives solely from the agent’s motives. Among the many objections that have been raised against Slote’s account, this article addresses two problems associated with the Kantian principle that ought implies can. These are the problems of “deficient” and “inferior” motivation. These problems arise because people cannot freely choose their motives. We cannot always choose to act from good motives; nor (...) can we always avoid acting from bad ones. Given this, Slote’s account implies that we sometimes cannot do what we ought to do, contrary to Kant’s principle. In this article, I propose an alternative agent-based account which, I argue, circumvents these problems. While people cannot choose their motives, they can choose their intentions. By characterizing virtuous action, as I do, in terms of good intentions rather than in terms of good motives, the conflict between what people can do and what they ought to do is resolved. (shrink)

Stapleton M. (2022) Beyond acting-with: Places as agents? Constructivist Foundations 17(3): 201–202. Commentary on Laura Candiotto: Loving the Earth by Loving a Place: A Situated Approach to the Love of Nature • I argue that Candiotto's account of loving presumes participating-with a system, rather than acting-with a system. I explore the implication of this: that to love a place we must understand places as agents.

With regard to recent historical developments, the Social Model has been of enormous emancipatory significance, chiefly as a counter-agent against rigid definitions of dis-/ability and the traditional role (marked by misfortune) imposed on disabled people. Based on underdetermined notions of “social construction”, this model presently threatens to unduly narrow reflections on the existential conditions of disabled agents, and to obscure crucial questions facing just social orders of the future. These notions imply an overemphasis on linguistic/mental and cultural acts in (...) the shaping of life courses, whereas physical, practical and existential pre-conditions of life come to be disregarded as purportedly freely available, (natural) features. Conversely, this argumentation sketch – a contribution to DisKo18 – works towards a reconceptualisation of disability rooted in external realism, assuming partially autonomous agents. The paper asks: What is the place of disabled people in the world, given that the elementary conditions and problems of life are not primarily of human origin, but arise out of a complex interaction with elements of external reality? What space remains to them in view of extant impairment-related restrictions? Based on a critique of constructionist tenets, possibilities for a just social order are discussed, considering (a) disabilities vs. (b) external, pre-social factors that limit the range of possible social solutions, with special regard to available resources. This approach is exemplified by placing disability in contexts of ecological sustainability. (Paper in German, short version). (shrink)

● Sergio Cremaschi, The non-existing Island. I discuss the way in which the cleavage between the Continental and the Anglo-American philosophies originated, the (self-)images of both philosophical worlds, the converging rediscoveries from the Seventies, as well as recent ecumenic or anti-ecumenic strategies. I argue that pragmatism provides an important counter-instance to both the familiar self-images and to the fashionable ecumenic or anti-ecumenic strategies. My conclusions are: (i) the only place where Continental philosophy exists (as Euro-Communism one decade ago) is America; (...) (ii) less obviously, also analytic philosophy does not exist, or does no more exist as a current or a paradigm; what does exist is, on the one hand, philosophy of language and, on the other, philosophy of mind, that is, two disciplines; (iii) the dissolution of analytic philosophy as a school has been extremely fruitful, precisely in so far as it has left room for disciplines and research programmes; (iv) what is left, of the Anglo-American/Continental cleavage is primarily differences in styles, depending partly on intellectual traditions, partly owing to sociology, history, institutional frameworks; these differences should not be blurred by rash ecumenism; besides, theoretical differences are alive as ever, but within both camps; finally, there is indeed a lag (not a difference) in the appropriation of intellectual techniques by most schools of 'Continental' philosophy, and this should be overcome through appropriation of what the best 'analytic' philosophers have produced. ● Michael Strauss, Language and sense-perception: an aspect of analytic philosophy. To test an assertion about one fact by comparing it with perceived reality seems quite unproblematic. But the very possibility of such a procedure is incompatible with the intellectualistic basis of logical positivism and atomism (as it is for example to be found in Russell's Analysis of Mind). According to the intellectualistic approach pure sensation is meaningless. Sensation receives its meaning and order from the intellect through interpretation, which is performed with the help of linguistic tools, i.e. words and sentences. Before being interpreted, sensation is not a picture or a representation, it is neither true nor false, neither an illusion nor knowledge; it does not tell us anything; it is a lifeless and order-less matter. But how can a thought (or a proposition) be compared with such a lifeless matter? This difficulty confronts the intellectualist, if on the one hand he admits the necessity of comparing thought with sense-perception, and on the other hand presupposes that we possess only intellectual and no immediate perceptual understanding of what we see and hear. In this paper I give a critical exposition of three attempts, made by Russell, Neurath and Wittgenstein, to solve this problem. The first attempt adheres to strict conventionalism, the second tends to naturalism and the third leads to an amended, very moderate version of conventionalism. This amended conventionalism looks at sense impressions as being a peculiar language, which includes primary symbols, i.e. symbols not founded on convention and not being in need of interpretation. ● Ernst Tugendhat, Phenomenology and language analysis. The paper, first published in German in 1970, by which Tugendhat gave a start to the German rediscovery of analytic philosophy. The author stages a confrontation between phenomenology and language analysis. He argues that language analysis does not differ from phenomenology as far as the topics dealt with are concerned; instead, both currents are quite different in method. The author argues that language-analytic philosophy does not simply lay out of the mainstream of transcendental philosophy, but that instead it challenges this tradition on the very level of foundations. The author criticizes the linguistic-analytic approach centred on the subject as well as any object-centred approach, while proposing inter-subjective understanding through language as the new universal framework. This is, when construed in so general terms, the same program of hermeneutics, though in a more basic version. ● Jürgen Habermas, Language game, intention and meaning. On a few suggestions by Sellars and Wittgenstein. The paper, first published in German in 1975, in which Habermas announces his own linguistic turn through a discovery of speech acts. In this essay the author wants to work out a categorical framework for a communicative theory of society; he takes Wittgenstein's concept of language game as a Leitfade and, besides, he takes advantage also of Wilfried Sellars's quasi-transcendental account of the genesis of intentionality. His goal is to single out the problems connected with a theory of consciousness oriented in a logical-linguistic sense. ● Zvie Bar-On, Isomorphism of speech acts and intentional states. This essay presents the problem of the formal relationship between speech acts and intentional states as an essential part of the perennial philosophical question of the relation between language and thought. I attempt to show how this problem had been dealt with by two prominent philosophers of different camps in our century, Edmund Husserl and John Searle. Both of them wrote extensively about the theory of intentionality. I point out an interesting, as it were unintended, continuity of their work on that theory. Searle started where Husserl left off 80 years earlier. Their meeting point could be used as the first clue in our search. They both adopted in effect the same distinction between two basic aspects of the intentional experience: its content or matter, and its quality or mode. Husserl did not yet have the concept of a speech act as contradistinguished from an intentional state. The working hypothesis, however, which he suggested, could be used as a second clue for the further elaboration of the theory. The relationship of the two levels, the mental and the linguistic, which remained for Husserl in the background only, became the cornerstone of Searle' s inquiry. He employed the speech act as the model and analysed the intentional experience by means of the conceptual apparatus of his own theory of speech acts. This procedure enabled him to mark out a number of parallelisms and correlations between the two levels. This procedure explains the phenomenon of the partial isomorphism of speech acts and intentional states. ● Roberta de Monticelli, Ontology. A dialogue among the linguistic philosopher, the naturalist, and the phenomenological philosopher. This paper proposes a comparison between two main ways of conceiving the role and scope of that fundamental part of philosophy (or of "first" philosophy) which is traditionally called "ontology". One way, originated within the analytic tradition, consists of two main streams, namely philosophy of language and (contemporary) philosophy of mind, the former yielding "reduced ontology" and the latter "neo-Aristotelian ontology". The other way of conceiving ontology is exemplified by "phenomenological ontology" (more precisely, the Husserlian, not the Heideggerian version). Ontology as a theory of reference ("reduced" ontology, or ontology as depending on semantics) is presented and justified on the basis of some classical thesis of traditional philosophy of language (from Frege to Quine). "Reduced ontology" is shown to be identifiable with one level of a traditional, Aristotelian ontology, namely the one which corresponds to one of the four "senses of being" listed in Aristotle's Metaphysics: "being" as "being true". This identification is justified on the basis of Franz Brentano's "rules for translation" of the Aristotelian table of judgements in terms of (positive and negative) existential judgments such as are easily translatable into sentences of first order predicate logic. The second part of the paper is concerned with "neo-Aristotelian ontology", i.e. with naturalism and physicalism as the main ontological options underlying most of contemporary discussion in the philosophy of mind. The qualification of such options as "neo-Aristotelian" is justified; the relationships between "neo-Aristotelian ontology" and "reduced ontology" are discussed. In the third part the fundamental tenet of "phenomenological ontology" is identified by the thesis that a logical theory of existence and being does capture a sense of "existing" and "being" which, even though not the basic one, is grounded in the basic one. An attempt is done of further clarifying this "more basic" sense of "being". An argument making use of this supposedly "more basic" sense is advanced in favour of a "phenomenological ontology". ● Kuno Lorenz, Analytic Roots in Dialogic Constructivism. Both in the Vienna Circle ad in Russell's early philosophy the division of knowledge into two kinds (or two levels), perceptual and conceptual, plays a vital role. Constructivism in philosophy, in trying to provide a pragmatic foundation - a knowing-how - to perceptual as well as conceptual competences, discovered that this is dependent on semiotic tools. Therefore, the "principle of method" had to be amended by the "principle of dialogue". Analytic philosophy being an heir of classical empiricism, conceptually grasping the "given", and constructive philosophy being an heir of classical rationalism, perceptually providing the "constructed", merge into dialogical constructivism, a contemporary development of ideas derived especially from the works of Charles S. Peirce (his pragmatic maxim as a means of giving meaning to signs) and of Ludwig Wittgenstein (his language games as tools of comparison for understanding ways of life). 7. Albrecht Wellmer, "Autonomy of meaning" and "principle of charity" from the viewpoint of the pragmatics of language. In this essay I present an interpretation of the principle of the autonomy of meaning and of the principle of charity, the two main principles of Davidson's semantic view of truth, showing how both principles may fit in a perspective dictated by the pragmatics of language. I argue that (I) the principle of the autonomy of meaning may be thoroughly reformulated in terms of the pragmatics of language, (ii) the principle of charity needs a supplement in terms of pragmatics of language in order to become really enlightening as a principle of interpretation. Besides, I argue that: (i) on the one hand, the fundamental thesis of Habermas on the pragmatic theory of meaning ("we understand a speech act when we know what makes it admissible") is correlated with the seemingly intentionalist thesis according to which we understand a speech act when we know what a speaker means; (ii) on the other hand, to say that the meaning competence of a competent speaker is basically a competence about a potential of reasons (or also of possible justifications) which is inherently connected with the meaning of statements, or with their use in utterances. ● Rüdiger Bubner, The convergence of analytic and hermeneutic philosophy This paper argues that the analytic philosophy does not exist, at least as understood by its original programs. Differences in the analytic camp have always been bigger than they were believed to be. Now these differences are coming to the fore thanks to a process of dissolution of dogmatism. Philosophical analysis is led by its own inner logic towards questions that may be fairly qualified as hermeneutic. Recent developments in analytic philosophy, e.g. Davidson, seem to indicate a growing convergence of themes between philosophical analysis and hermeneutics; thus, the familiar opposition of Anglo-Saxon and Continental philosophy might soon belong to history. The fact of an ongoing appropriation of analytical techniques by present-day German philosophers may provide a basis for a powerful argument for the unity of philosophizing, beyond its strained images privileging one technique of thinking and rejecting the remainder. Actual philosophical practice should take the dialogue between the two camps more seriously; in fact, the processes described so far are no danger to philosophical work. They may be a danger for parochial approaches to philosophizing; indeed, contrary to what happens in the natural sciences, Thomas Kuhn's "normal science" developing within the framework of one fixed paradigm is not typical for philosophical thinking. And in philosophy innovating revolutions are symptoms more of vitality than of crisis. ● Karl-Otto Apel, The impact of analytic philosophy on my intellectual biography. In my paper I try to reconstruct the history of my Auseinandersetzung mit - as I called it - "language-analytical" philosophy (including even Peircean semiotics) since the late Fifties. The heuristics of my study was predetermined by two main motives of my beginnings: the hermeneutic turn of phenomenology and the transformation of "transcendental philosophy" in the light of the "language a priori". Thus, I took issue with the early and the later Wittgenstein, logical positivism, and post-Wittgensteinian and post-empiricist philosophy of science (i.e. G.H. von Wright and the renewal of the "explanation vs understanding controversy" as well as the debate between Th. Kuhn and Popper/Lakatos); besides, with speech act theory and the debate about "transcendental arguments" since Strawson. The "pragmatic turn", started already by C.L. Morris and the later Carnap, led me to study also the relationship between Wittgensteinian "use" theory of meaning and of truth. This resulted on my side in something like a program of "transcendental semiotics", i.e. "transcendental pragmatics" and "transcendental hermeneutics". ● Ben-Ami Scharfstein, A doubt on both their houses: the blindness to non-western philosophies. The burden of my criticism is that contemporary European philosophers of all kinds have continued to think as if there were no true philosophy but that of the West. For the most part, the existentialists have been oblivious of their Eastern congeners; the hermeneuticians have yet to stretch their horizons beyond the most familiar ones; and the analysts remain unaware of the analyses and linguistic sensitivities of the ancient non-European philosophers. Briefly, ignorance still blinds almost all contemporary Western philosophers to the rich, variegated philosophical traditions outside of their familiar orbit. Both Continental and Anglo-Americans have lost the breadth of view that once characterized such thinkers as Herder and the Humboldts. The blindness that has resulted is not simply that of individual Western philosophers but of our whole, still parochial philosophical culture. (shrink)

In recent years, an array of critical emotion theorists have emerged who call for change with respect to how emotion theory is done, how emotions are understood, and how we do emotion. In this chapter, I draw on the work that some of these authors have produced to analyze how emotional marginalization of trans and disabled identities is experienced, considering in particular how this emotional marginalization results from the long history of pathologization of trans and disabled people. The past (...) and current pathologization of trans and disabled people is produced through normative assumptions, values, and beliefs that uphold systems of normalcy, including assumptions, values, and beliefs about how we feel and express emotions. In order to examine these issues, I identify three different stages at which emotional marginalization may take place: emotion experience, emotional display, and emotion recognition. In other words, emotional marginalization of trans and disabled people can occur at any of these stages. The central concern of my chapter is thus to show how emotional marginalization, at each of these stages, affects trans and disabled people. (shrink)

Many people view disabilities as misfortunes, call this the standard view. In this paper, I examine one criticism that has been launched against the Standard View. Rather than determine in advance whether having a disability is good or bad for a person, some critics argue that the Standard View is reflective of and brings about inappropriate emotional responses toward people with disabilities and their circumstances. For instance, philosophers have recently argued that in holding the standard view, we (...) become prone to a destructive kind of unwarranted pity or that the view leads us to hold certain untenable or inappropriate hopes for our children and for our society. I think this sort of challenge to the Standard View has a lot of appeal, but I worry that if it is not properly articulated, the approach is vulnerable to what has been known as “The Wrong Kind of Reason” problem. The paper highlights and addresses this worry. (shrink)