International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved signifieds (...) (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to (...) class='Hi'>Conklin, is the relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal existence is (...) said to rest with norms, this existence is very different than an existence constituted from social behaviour. Instead, in Kelsen’s view, a norm is a signifying relation between a sign and a cognitive object. Kelsen’s theory of language, however, is very different from a theory of speech acts. When addressing why a norm is binding, we find that Kelsen’s full theory of language excludes important phenomena in order to retain its purity. (shrink)

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a (...) view with the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority. (shrink)

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law teachers design (...) teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

This paper presents data on the representation of women at 98 philosophy departments in the United States, which were ranked by the Philosophical Gourmet Report (PGR) in 2015 as well as all of those schools on which data from 2004 exist. The paper makes four points in providing an overview of the state of the field. First, all programs reveal a statistically significant increase in the percentage of women tenured/tenure-track faculty, since 2004. Second, out of the 98 US philosophy departments (...) selected for evaluation by Julie Van Camp in 2004, none in 2015 has 50% women philosophy faculty overall, while one has 50% women who are tenured/tenure track. Third, as of 2015, there is a clear pyramidal shape to the discipline: Women are better represented as Assistant than Associate and as Associate than Full professors. Fourth, women philosophy faculty, especially those who are tenured/tenure track, are better represented at Non-PGR ranked programs than at PGR ranked and PGR Top-20 programs in 2015. (shrink)

This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable relationship (...) of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...) the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially examines his (...) theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

Intellectualists about know-how tend to deny that knowing how to ϕ requires the corresponding ability to ϕ. So, it’s supposed to be an attractive feature of intellectualism that it can explain cases of knowing how without ability, while anti-intellectualism—roughly, the view that knowing how is a kind of ability—cannot. I show that intellectualism fails to explain the very cases that are supposed to showcase this feature of the view. Despite appearances, this does not amount to an objection to intellectualism per (...) se, but to the intellectualist’s rejection of ability entailment. It turns out that all parties to the debate about know-how should accept that knowing how entails ability. The upshot is that the central question of the debate should not be whether knowing how entails ability, but whether ability suffices for knowing how, as anti-intellectualists sometimes claim. (shrink)

Kafka’s The Trial describes how K slowly loses his familiar language. He does speak a language but his language becomes monologic towards others and the language of others becomes monologic towards K. There seems to be no other person who, in a private and professional life, can respond to K’s words and gestures in a manner which K can understand. The others embody their own meanings into K’s words. Such meanings only possess value within the discourses of self-styled legal experts (...) and officials who act in K’s name. The officials and experts assume that their own meanings are authoritative. K fails to gain access to their meanings. The question posed by Husserl’s phenomenology of language is ‘why?’ Conklin argues that K’s experiences seem not unlike Lyotard’s sense of a different or ‘untranslatable gap’. K remains on the fringe or outside what the experts take as an authoritative language. As a consequence, K’s experiential body slowly dies. This death paradoxically occurs at the same moments that the experts believe that they are addressing ‘K’s case’. Conklin explains the paradox by retrieving Husserl’s sense of a meaning-conferring act and the failure of K’s meaning-conferring acts from being fulfilled in the language of the legal experts. (shrink)

This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without (...) the boundary. Derrida’s most insightful essay in this regard is his study of Franz Kafka’s untitled parable in The Trial. The parable represents a man who waits for an invitation to enter the Law until he nears his end. Derrida responds to the parable in his essay, “Before the Law.” This article uses the parable and Derrida’s response to it as a starting-off point for a reconsideration of the boundary of legal knowledge. In this context, Derrida asks this question: “why is Kafka’s parable categorized as Literature or Law?” Such an issue depends upon the boundary of a discipline, according to Derrida. And that focus, in turn, asks whether the boundary pre-exists any text which is represented as “Literature” or “Law” or “Philosophy.” This article claims, however, that Derrida’s theory presupposes that law, as a discipline, encloses a territorial-like space in legal consciousness. Each discipline possesses such a space. So too does the state and the university. Inside this bounded space, officials of the Law are free to consciously deliberate, reflect, and render decisions about the context of the Law. Analytically and phenomenologically before the boundary is taken for granted in an academic discipline, however, there is an unbounded non-law. The aporia of Derrida’s theory of the boundary of the Law is that the official or expert knower of the official language inside the boundary cannot assume the imagined boundary of legal knowledge without implicitly claiming to know the exteriority to the boundary. And yet, officials and expert knowers cannot know such an exterior extra-legality because, by virtue of the boundary as encircling a territorial-like space, knowledge is considered legal only when it exists inside the boundary. “The Law” is the consequence of the imagination of the expert knowers of the language as well as of the non-expert who believes in the bounded territorial-like space. (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)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...) a concept. A culture, in contrast, is constituted from an experiential knowledge in an unwritten language. -/- I raise two contexts where a collective right cannot be identified without a consideration the analytically prior culture of the social group protected by a collective right: peremptory norms in international law and affirmative discrimination clauses in constitutional law. I then highlight a crucially important factor generating the unwritten language of a culture: namely, the collective memories of a group. Although a personal memory is experienced in a context-specific event, a member of a group absorbs its collective memory. The collective memory of the group exists before one is a member. Such a memory may defer to some event centuries earlier. The event may possess a mythic or even false character which cannot be verified except as a myth or historical falsity. One cannot be accepted as a member of a group without the group’s collective memory. Shared assumptions and expectations characterise a collective memory generating a culture. Such assumptions and expectations constitute meant objects. Meant objects are not posted by some source 2 external to the individual members. Meant objects are experienced. A jurist cannot analyze the signified collective rights without examining the social culture said to be represented by the boundary of the collective rights. One may be able to rationally justify a collective right in terms of its source, such as a basic constitutional text, the regularity of behaviour of lawyers and judges or some ultimate concept such as dignity. Such a rational justification, however, does not address why an individual is obligated to defer to the collective rights of an in-group in a state. One has to examine the social-cultural assumptions and expectations presupposed in the content of such collective rights in order to understand why the rights are obligatory. Such an examination dissolves the traditional boundary of legal knowledge which has excluded cultural phenomena generating the collective rights. (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...) form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...) naturalism, and subjectively posited values. Each of these interpretations has a shared common denominator: namely, the distinction between ‘is’ and ‘ought’, ‘facts’ and ‘values’. Legality is said to be nested in an ‘is’ world. An ‘is’ cannot be derived from an ‘ought’. This essay aims to press this distinction further. Fuller, I intend to argue, does indeed accept the is/ought distinction as have his commentators. The associations of the ‘oughts’ with deontological duties, the Good life, naturalism and subjective values, however, have been misdirected. This has been so because Fuller presupposed that legality was a matter of a spatial structure. Non-law was situated outside the structure. If a legislator or judge considered matters outside the structure as if they were binding upon jurists and, for that matter, upon members of the legal structure, the law was not binding. The crucial incident of the structure was the boundary of the structure. Fuller’s structuralist theory of law offers the opportunity to better understand what he signified by ‘the internal morality of law’. I shall privilege several elements of his theory: the relation of legal units to a structure, the nature of a structure, the constituents of a structure (territorial space, its pillars and its matter); the forms of the legal structure; the centrifugal and centripetal structures, the structure and traditional theories of morality, the role of the legal official in a structure, and why the internal knowledge in the structure is binding. Fuller especially privileged two features of a legal structure. The one was the boundary of the structure. The second concerned the exteriority of the boundary. Both features presupposed a territorial sense view of legal knowledge. The legal mind analysed any social problem through the map of such a sense of legal space. By concentrating upon the discrete rule in isolation of the implied structural boundary to which the rule referred, commentators have attributed been misdirected in their analyses of Fuller’s theory of law and morality. My argument in this respect will proceed as follows. In order to clarify Fuller’s senses of the morality of law, I shall first outline what he means by a ‘structure’. Second, how is the structure related to legal knowledge? Third, what are the various forms of the structure? Fourth, is the structure centrifugal or centripetal? And finally, why is the structure binding? (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has been the (...) state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)

The current rise of neurodevelopmental disorders poses a critical need to detect risk early in order to rapidly intervene. One of the tools pediatricians use to track development is the standard growth chart. The growth charts are somewhat limited in predicting possible neurodevelopmental issues. They rely on linear models and assumptions of normality for physical growth data – obscuring key statistical information about possible neurodevelopmental risk in growth data that actually has accelerated, non-linear rates-of-change and variability encompassing skewed distributions. Here, (...) we use new analytics to profile growth data from 36 newborn babies that were tracked longitudinally for 5 months. By switching to incremental (velocity-based) growth charts and combining these dynamic changes with underlying fluctuations in motor performance – as the transition from spontaneous random noise to a systematic signal – we demonstrate a method to detect very early stunting in the development of voluntary neuromotor control and to flag risk of neurodevelopmental derail. (shrink)

The doctrine of reincarnation is usually associated with Buddhism, Hinduism and other Eastern religions. But it has also been developed in Druzism and Judaism. The doctrine has been used by these traditions to explain the existence of evil within a moral order. Traversing the boundaries between East and West, we explore how Jewish mysticism has employed the doctrine to help answer the problem of evil. We explore the doctrine particularly as we respond to objections against employing it in a theodicy. (...) We show how it supplements traditional punishment, free will and soul-building theodicies, and helps these theodicies avoid various objections. (shrink)

Nicola Hoggard Creegan has written a thoughtful and subtle work on the challenge of natural evil to the life of faith in a post-Darwinian age. She contends that “the problem of evil will not be solved just by clever arguments, but also by our stance toward nature and toward God” (8). To this end, Animal Suffering and the Problem of Evil is a work intended to help Christian believers recognize the God of love at work in the universe. Although some (...) might be disappointed that Creegan does not attempt to provide the reader with a theodicy or a reason why God permits natural evil, she does deliver a theologically consistent way for believers to see God’s goodness in the natural world despite the manifest presence of violence and suffering. (shrink)

The Deaf culture in the United States is a unique culture that is not widely understood. To members of the Deaf community in the United States, deafness is not viewed as a disease or pathology to be treated or cured; instead it is seen as a difference in human experience. Members of this community do not hide their deafness; instead they take great pride in their Deaf identity. The Deaf culture in the United States is very communitarian not individualistic. Mary (...) Beth and Dominic are a married couple in their late 20s who are genetically deaf. They are active members in the Deaf community and work as advocates for individuals who are deaf, family members of Deaf people and sign language interpreters who identify with the Deaf culture. Mary Beth and Dominic approach the fertility clinic with a request that they only want a child with the genetic gene for deafness. They would want the embryos that do not have the gene to be destroyed. This would entail creating a child who would have the gene for deafness. Medically and ethically, should the fertility clinic agree to the couple’s request? The authors argue that the couple's request should be denied and provide reasons for it from the perspectives of foundational and clinical ethics. (shrink)

The author considers the model-theoretic character of proofs and disproofs by means of attempted counterexample constructions, distinguishes this proof format from formal derivations, then contrasts two approaches to semantic tableaux proposed by Beth and Lambert-van Fraassen. It is noted that Beth's original approach has not as yet been provided with a precisely formulated rule of closure for detecting tableau sequences terminating in contradiction. To remedy this deficiency, a technique is proposed to clarify tableau operations.

Varzi (2005) discussed 6 ways of symbolizing the sentence 'If Alf went to the movies then Beth went too, but only if she found a taxi-cab.' In the present reply, a seventh symbolization is offered, along with an analysis of the six alternatives discussed by Varzi.

A god is a cosmic designer-creator. Atheism says the number of gods is 0. But it is hard to defeat the minimal thesis that some possible universe is actualized by some possible god. Monotheists say the number of gods is 1. Yet no degree of perfection can be coherently assigned to any unique god. Lewis says the number of gods is at least the second beth number. Yet polytheists cannot defend an arbitrary plural number of gods. An alternative is (...) that, for every ordinal, there is a god whose perfection is proportional to it. The n -th god actualizes the best universe(s) in the n -th level of an axiological hierarchy of possible universes. Despite its unorthodoxy, ordinal polytheism has many metaphysically attractive features and merits more serious study. (shrink)

RESUMO A inseminação artificial (IA) é a biotecnologia mais empregada com vantagens superiores em relação a utilização da monta natural, cuja eficácia se dá na larga escala de reprodução entre os bovinos. Associando essa biotécnica com hormônios pode-se estabelecer manipulações do sistema reprodutivo da fêmea, levando a manejos de inúmeras cabeças de gado para inseminar a um tempo fixo. Portanto, foram realizados 5 protocolos de IATF, tendo 2 categorias de animais: nulíparas e multíparas. No protocolo 1 foram submetidas 81 multíparas, (...) resultando em 47 animais prenhes; No protocolo 2 foram protocoladas 103 animais multíparas, no qual resultou em 51 prenhes; já o protocolo 5 foram submetidas 77 animais multíparas, no qual resultou em 36 animais prenhes. Cada serviço realizado foi matematicamente calculado, sendo o ponto de partida o escore corporal, bem estar animal e a técnica bem exercida. Desta forma obteve bons resultados na (IATF) , no qual destaca-se o percentual : o protocolo 1 obteve 58,02%, o protocolo 2 obteve 49,51% na taxa de prenhez, No protocolo 3 obteve 55,67% na taxa de prenhez, o protocolo 4 obteve 53,33% de prenhes, já o protocolo 5 resultou em 46,75% de prenhez. O uso das biotecnologias da reprodução, realizadas em bovinos de corte, obteve resultado dentro do descrito pela literatura consultada. A boa taxa de prenhes apresentada na IATF deveu-se ao bom controle hormonal do ciclo estral e da qualidade do sêmen utilizado. A taxa de prenhez dos animais que foram submetidos à monta natural foi baixa pelo fato de que os reprodutores não conseguiram cobrir todas as fêmeas. ABSTRACT The artificial insemination (AI) is the most used biotechnology with superior advantages in relation to the use of natural mounting, whose effectiveness is given in the large scale of reproduction among cattle. Associating this biotechnique with hormones it is possible to establish manipulations of the reproductive system of the female, leading to managements of numerous heads of cattle to inseminate at a fixed time. Therefore, 5 IATF protocols were performed, having 2 categories of animals: nulliparous and multiparous. In protocol 1, 81 multiparous animals were submitted, resulting in 47 pregnant animals; in protocol 2, 103 multiparous animals were submitted, resulting in 51 pregnancies; and in protocol 5, 77 multiparous animals were submitted, resulting in 36 pregnant animals. Each service performed was mathematically calculated, with the starting point being the body score, animal welfare and the well exercised technique. Thus obtained good results in the (IATF), which highlights the percentage: protocol 1 obtained 58.02%, protocol 2 obtained 49.51% in pregnancy rate, in protocol 3 obtained 55.67% in pregnancy rate, protocol 4 obtained 53.33% pregnant, and protocol 5 resulted in 46.75% pregnant. The use of the reproduction biotechnologies, performed in beef cattle, obtained results within the described by the consulted literature. The good pregnancy rate presented in the IATF was due to the good hormonal control of the estrous cycle and the quality of the semen used. The pregnancy rate of animals that were subjected to natural mating was low due to the fact that the sires could not cover all the females. Keywords: Hormones. Cattle Pregnancy Rate. Artificial Insemination in Cattle. Hormones in Cattle Reproduction. -/- REFERÊNCIAS BIBLIOGRÁFICAS AMBRÓSIO, P. H. et al. Ressincronização da ovulação em programas de IATF: novas estratégias. 2018. BARUSELLI, P. S.; GIMENES, L. U.; SALES, J. N. de S. Fisiologia reprodutiva de fêmeas taurinas e zebuínas. Revista Brasileira de Reprodução Animal, v. 31, n. 2, p. 205-211, 2007. BARUSELLI, P. S. et al. Evolução e perspectivas da inseminação artificial em bovinos. Revista Brasileira de Reprodução Animal, v. 43, n. 2, p. 308-314, 2019. BÓ, G. A. et al. Alternative programs for synchronizing and resynchronizing ovulation in beef cattle. Theriogenology, v. 86, n. 1, p. 388-396, 2016. BOTTINO, M. P. et al. Effects of eCG and FSH in timed artificial insemination treatment regimens on estrous expression and pregnancy rates in primiparous and multiparous Bos indicus cows. Animal Reproduction Science, v. 228, p. 106751, 2021. DA SILVA, Emanuel Isaque Cordeiro. Técnica da Inseminação Artificial em Bovinos: Manejo Passo a Passo. 2020. DA SILVA, Emanuel Isaque Cordeiro. Reprodução Animal: Inseminação Artificial. 2020. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia da Reprodução Animal: Ovulação, Controle e Sincronização do Cio. 2020. DA SILVA, Emanuel Isaque Cordeiro. Fisiologia da Reprodução de Bovinos Leiteiros: Aspectos Básicos e Clínicos. Emanuel Isaque Cordeiro da Silva, 2022. KRAUS, Beth M.; PARENTE, Eric J.; TULLENERS, Eric P. Laryngoplasty with ventriculectomy or ventriculocordectomy in 104 draft horses (1992–2000). Veterinary Surgery, v. 32, n. 6, p. 530-538, 2003. MONGELLI, Melissa Sanches; TAVARES, Izabel Cristina; FERRANTE, Marcos. Evolução e premissas dos protocolos hormonais de inseminação artificial em tempo fixo na pecuária. Ciência Animal, v. 31, n. 1, p. 119-133, 2021. VILELA, G. C. Protocolos de IATF em novilhas precoce e super precoce. 2021. (shrink)

Amy saves a man from drowning despite the risk to herself, because she is moved by his plight. This is a quintessentially supererogatory act: an act that goes above and beyond the call of duty. Beth, on the other hand, saves a man from drowning because she wants to get her name in the paper. On this second example, opinions differ. One view of supererogation holds that, despite being optional and good, Beth’s act is not supererogatory because she (...) is not praiseworthy; the other agrees that Beth is not praiseworthy but holds that her act is nevertheless supererogatory because, while supererogatory actions are generally performed by praiseworthy agents, an individual need not be praiseworthy for their act to be supererogatory. In this paper, I raise a problem for this latter position, which I shall call the Anti-Motivation View of supererogation. While the Anti-Motivation View rejects the claim that the agent’s motivations are important, it accepts that the agent’s intentions are. Thus, this view assumes that a clear, coherent distinction can be drawn between intentions and motivations in the context of supererogation. This distinction is often attributed to Mill; however, his original discussion reveals an inconsistency. Consider Clara, who saves a man from drowning because she wants to torture him later. According to Mill, Clara’s act is not morally good; those who follow Mill will have to accept that it is therefore not supererogatory. Mill asserts that Clara’s act differs from Amy’s and Beth’s not just in motivation but also in intention. I question this explanation and demonstrate that the distinction between motivation and intention is not as clear as the Anti-Motivation View has supposed and that the gap between the Anti-Motivation View and the alternative Praise-Based View is either much greater or much smaller than previously thought. (shrink)

Mathematicians, physicists, and philosophers of physics often look to the symmetries of an object for insight into the structure and constitution of the object. My aim in this paper is to explain why this practice is successful. In order to do so, I present a collection of results that are closely related to (and in a sense, generalizations of) Beth’s and Svenonius’ theorems.

This article looks at some of the metaphysical properties of cognitive artefacts. It first identifies and demarcates the target domain by conceptualizing this class of artefacts as a functional kind. Building on the work of Beth Preston, a pluralist notion of functional kind is developed, one that includes artefacts with proper functions and system functions. Those with proper functions have a history of cultural selection, whereas those with system functions are improvised uses of initially non-cognitive artefacts. Having identified the (...) target domain, it then briefly looks at the multiple usability of physical structures and the multiple realizability of cognitive function. Further developing insights from the “dual nature of artefacts thesis”, the article ends with conceptualizing the structure–function relations of cognitive artefacts. More specifically, it unpacks the relation between physical structure, representational structure, information, and cognitive function. (shrink)

The view that morally worthy actions must be motivated by moral knowledge faces counterexamples. This paper offers a counterexample in which Ava and Beth text a wise rabbi for answers to the same moral question, receive the same correct answer, and accordingly act rightly. Beth however receives her answer from a thief who stole the rabbi's phone and randomly chose the correct answer. Beth therefore is Gettierized and lacks moral knowledge that Ava has. But this doesn't seem (...) to diminish the moral worth of Beth's action. This is a counterexample to Paulina Sliwa and JJ Cunningham's accounts of moral worth, which require moral knowledge. (shrink)

The sacrifices of nurses in hard-hit cities during the early stages of the COVID-19 pandemic and of family caregivers for people with late-stage Alzheimer’s disease present two puzzles. First, traditional accounts of supererogation cannot allow for the possibility of making enormous sacrifices that make one’s actions supererogatory simply to do what morality requires. These caregivers, however, are doing their moral duty, yet their actions also seem to be paradigmatic cases of supererogation. I argue that Dale Dorsey’s new account of supererogation (...) can solve this puzzle. Second, these caregivers often deny that they are heroic, but standard explanations of these assertions either diminish their sacrifice, say they are confused, or attribute to them a vice. If we want to understand them without diminishing them, we should instead see their denials as a response to what Beth DeVolder calls compulsory heroism. Compulsory heroism occurs when someone is foisted into the role of hero for doing their moral duty as a distraction from the social realities that make doing their duty involve inordinate sacrifice. (shrink)

În acest articol încerc să argumentez opinia că, așa cum este definită eugenia, este foarte dificil de făcut o diferențiere clară între știință (medicină, ingineria genetică) și eugenie. Și de stabilit o linie peste care ingineria genetică nu ar trebui să treacă, conform unor norme morale, juridice și religioase. Atâta timp cât acceptăm ajutorul geneticii în găsirea unor modalități de combatere a cancerului, diabetului sau HIV, acceptăm în mod implicit și eugenia pozitivă, conform definiției actuale. Și atâta timp cât acceptăm (...) screening-ul genetic, și intervenții asupra fătului nenăscut, sau avortul, acceptăm în mod implicit și eugenia negativă. În plus, la nivel de guverne, deși oficial eugenia este repudiată, ea a fost legalizată în foarte multe țări până de curând, și încă mai este acceptată și legalizată, chiar dacă în forme mai subtile, și în prezent. În Introducere definesc termenul și modurile de clasificare. Urmează Istoria eugeniei pornind din perioada antică, introducerea eugeniei de Francis Galton, practica eugeniei ca politică de stat în diverse țări, și eugenia actuală (eugenia liberală). Analizez apoi diverse probleme ridicate de Etica eugeniei liberale, și am dezvoltat o secțiune aparte pentru Viitorul eugeniei, cu accent pe proiectul genomului uman. În final, în secțiunea Concluzii expun opiniile personale cu privire la practica actuală a eugeniei. Am folosit ca surse principale de investigație articolele lui Kenneth M. Ludmerer, ”American Geneticists and the Eugenics Movement: 1905-1935”, Kathy J. Cooke, ”Duty or Dream? Edwin G. Conklin's Critique of Eugenics and Support for American Individualism”, Jonathan Anomaly, ”Defending Eugenics”, John R. Harding Jr. ”Beyond Abortion: Human Genetics and the New Eugenics”, Michael Boulter, ”Bloomsbury Scientists”, Chapter Title: The rise of eugenics, 1901–14, Michael Ruse and Edward O. Wilson, ”Moral Philosophy as Applied Science” și Goering, Sara, "Eugenics". (shrink)

In this article I give an overview of some recent work in philosophy of science dedicated to analysing the scientific process in terms of (conceptual) mathematical models of theories and the various semantic relations between such models, scientific theories, and aspects of reality. In current philosophy of science, the most interesting questions centre around the ways in which writers distinguish between theories and the mathematical structures that interpret them and in which they are true, i.e. between scientific theories as linguistic (...) systems and their non-linguistic models. In philosophy of science literature there are two main approaches to the structure of scientific theories, the statement or syntactic approach -- advocated by Carnap, Hempel and Nagel -- and the non- statement or semantic approach --advocated, among others, by Suppes, the structuralists, Beth, Van Fraassen, Giere, Wojcicki. In conclusion, I briefly review some of the usual realist inspired questions about the possibility and character of relations between scientific theories and reality as implied by the various approaches I discuss in the course of the article. The models of a scientific theory should indeed be adequate to the phenomena, but if the theory is 'adequate' to (true in) its conceptual (mathematical) models as well, we have a model-theoretic realism that addresses the possible meaning and reference of 'theoretical entities' without relapsing into the metaphysics typical of the usual scientific realist approaches. (shrink)

Thomas Elsaesser’s recent scholarship has examined the “mind-game film”, a phenomenon in Hollywood that is broadly characterised by multi-platform storytelling, paratextual narrative feedback loops, nonlinear storytelling, and unreliable character perspectives. While “mind-game” or “puzzle” films have become a contentious subject amongst post-cinema scholars concerned with Hollywood storytelling, what is to be said of contemporary European independent cinema? Elsaesser’s timely publication, European Cinema and Continental Philosophy, examines an amalgam of politically inclined European auteurs to resolve this query. Elsaesser concedes that there (...) exists a phenomenological confluence between the mind-game film and contemporary European cinema. For instance, both produce characters afflicted by productive pathologies, designating new socially useful forms of agency and identity. One only needs to consult the amnesiac protagonist M (Markku Peltola) in Aki Kaurismäki’s The Man Without a Past (Mies vailla menneisyyttä, 2002) or, as regards Lars von Trier’s cinema, Beth (Emily Watson) in Breaking the Waves (1996), Selma (Björk) in Dancer in the Dark (2000), “She” (Charlotte Gainsbourg) in Antichrist (2009) or Joe (Charlotte Gainsbourg) in Nymphomaniac (2013) to evince this overlap. However, this book is more concerned with performative self-contradictions, whereby cinema-as-enunciator is put under erasure, thus aggravating the inherent discrepancies troubling Europe today. Elsaesser, indeed, evaluates a growing general disaffection with politics, the rise of populist nationalism and far-right fringe parties, as well as an increasing population of economic migrants, refugees, and asylum seekers. (shrink)

Hegel experienced several personal, political, and professional crises during his life. These crises impacted his dense theory about the importance of rational self-reflection in the organic character and evolution of law. The article argues that Hegel’s Preface to the Philosophy of Right manifests how one philosopher came to terms with the personal, social and political crises in which he found himself. In particular, the article outlines the central themes of the Preface and then explicates the important notion of Bildung in (...) Hegel’s theory – an Enlightenment notion that Hegel absorbed from his own formal education. After retrieving Hegel’s reading of the virtues and flaws in Kant’s theory of law, the article then explicates Hegel’s understanding of freedom. The article then reviews the local politics in which Hegel found himself before, during and after Napoleon’s defeat. The article then turns to his professional rivalries with Jacob Fries and Friedrich Savigny. The article argues that the personal animosities shaped parts of his Preface. These complex influences and concerns explain why Hegel waited 20 years to publish his theory of law. Hegel’s Preface comes to terms with the crises of his own times. (shrink)

In Descartes theological writing, he promotes two jointly puzzling theses: T1) God freely creates the eternal truths (i.e. the Creation Doctrine) and T2) The eternal truths are necessarily true. According to T1 God freely chooses which propositions to make necessary, contingent and possible. However the Creation Doctrine makes the acceptance of T2 tenuous for the Creation Doctrine implies that God could have acted otherwise--instantiating an entirely different set of necessary truths. Jonathan Bennett seeks to reconcile T1 and T2 by relativizing (...) modality to human understanding. I argue that Bennett’s approach to Cartesian modality is misplaced: One does not have to resort to conceptualism about modality in order to explain the subjective language found in Descartes or to reconcile Descartes’ Creation Doctrine with the necessity of the eternal truths. After showing that Bennett’s argument implies that Descartes held the non-eternality of the eternal truths and the independence of the eternal truths from God, I show that if one understands Descartes’ use modal terms as indexed to God’s willing, then apparent contradictions vanish. In addition, I show that if one evaluates the truth value of modal propositions ‘non-bivalently’, then one can also unravel the apparent contradiction. One can reconcile Descartes’ Creation Doctrine (T1) and the necessity of the eternal truths (T2) without Bennett’s conceptualism. (shrink)

In this paper, I expand our framework for epistemic injustice by shifting focus from epistemic evaluations of individuals in information exchange to epistemic evaluations of individuals engaging their know-how in performance. I call the injustice to individuals qua knowers-how performative injustice, and I argue that performative injustice has distinct features worth understanding apart from varieties of epistemic injustice devoted to information exchange. I develop an account of the performative authority that is unfairly evaluated in cases of performative injustice and show (...) how, in some cases, cognitive penetration can affect observers’ evaluations. Finally, I show how stereotype threat may short circuit what would otherwise be cases of performative injustice, which in turn reveals the significance of its systemic manifestations. (shrink)

Forty years’ experience as a bacterial geneticist has taught me that bacteria possess many cognitive, computational and evolutionary capabilities unimaginable in the first six decades of the twentieth century. Analysis of cellular processes such as metabolism, regulation of protein synthesis, and DNA repair established that bacteria continually monitor their external and internal environments and compute functional outputs based on information provided by their sensory apparatus. Studies of genetic recombination, lysogeny, antibiotic resistance and my own work on transposable elements revealed multiple (...) widespread bacterial systems for mobilizing and engineering DNA molecules. Examination of colony development and organization led me to appreciate how extensive multicellular collaboration is among the majority of bacterial species. Contemporary research in many laboratories on cell–cell signaling, symbiosis and pathogenesis show that bacteria utilise sophisticated mechanisms for intercellular communication and even have the ability to commandeer the basic cell biology of ‘higher’ plants and animals to meet their own needs. This remarkable series of observations requires us to revise basic ideas about biological information processing and recognise that even the smallest cells are sentient beings. Previous article in issue. (shrink)

Most models of generational succession in sexually reproducing populations necessarily move back and forth between genic and genotypic spaces. We show that transitions between and within these spaces are usually hidden by unstated assumptions about processes in these spaces. We also examine a widely endorsed claim regarding the mathematical equivalence of kin-, group-, individual-, and allelic-selection models made by Lee Dugatkin and Kern Reeve. We show that the claimed mathematical equivalence of the models does not hold. *Received January 2007; revised (...) April 2008. †To contact the authors, please write to: Elisabeth Lloyd, Department of History and Philosophy of Science, 130 Goodbody Hall, Indiana University, Bloomington, IN 47405; e-mail: [email protected]; Richard Lewontin, Department of Organismic and Evolutionary Biology, Harvard University, 26 Oxford Street, Cambridge, MA 02138; Marcus Feldman, Department of Biological Sciences, Stanford University, Stanford, CA 94305; e-mail: [email protected]. (shrink)

The German word Destruktion was used by Heidegger in the sense that philosophy should destroy some ontological concepts and the everyday meanings of certain words. Tradition allows the transmission of knowledge and sensations of continuity and connection with the past, but it must be critically evaluated so that it does not perpetuate certain prejudices. According to Heidegger, tradition transmits, but it also conceals. Tradition induces self-evidence and prevents us from accessing the origin of concepts. It makes us believe that we (...) do not need to return to that origin. Making tradition transparent dissolves the concealments it has provoked. Here I will apply this idea to the mental and the physical by suggesting that the mind-body problem has inherited occultations that are born in Descartes himself. As a result, what could be a new philosophical framework for the research in consciousness emerges: That as an individual cognitive being I cannot avoid splitting reality into what I am and what I am not, extending then the individual duality to a collective error transmitted culturally. (shrink)

This paper considers the importance of play as a conventional space for hypothetical self-expression and self-trial, its importance for determination of identity, and for development of self-possibilities. Expanding such possibilities in play enables challenging of socially entrenched assumptions concerning possible and appropriate identities. Discussion is extended to the contexts of gender performance (drag) and sport-play. It is argued that play proceeds on the basis of a fundamental pretence of reality that must be taken seriously by its participants; this discussion includes (...) considerations of serious and ironical play, “playing-at”, and travesty. (shrink)

An interpretation of Hegel's Philosophy of Subjective Spirit showing its continued relevance to contemporary issues in the philosophy of mind.

This paper poses a problem of promiscuity for views that endorse material constitution as a metaphysic relation.

This study contributes to the micro-credit literature by addressing the lack of philosophical dialogue concerning the issue of trust between micro-credit NGOs and rural poor women. The study demonstrates that one of the root causes of NGOs’ contested roles in Bangladesh is the norm that they use (i.e., trust) to rationalize their micro-credit activities. I argue that Bangladeshi micro-credit NGOs’ trust in poor village women is not genuine because they resort to group responsibility sustained through aggressive surveillance. I maintain so (...) by drawing on a trust-based theoretical framework that uses various philosophical insights. Drawing on the same conceptual framework, I also contend, somewhat softening the previous claim, that if micro-credit trust is trust at all, it is at most strategic, not generalized. For being strategic, it has many undermining effects on local social solidarity norms, rendering Bangladeshi micro-credit NGOs and strategic trust an odd couple with no moral compass. To bring forth the moral impetus in micro-credit activities, I lay out some recommendations intended for organizations, managers, and policymakers, consistent with normative corporate social responsibility initiatives. However, further studies can be initiated based on this paper, suggesting its importance for future research. (shrink)

This paper discusses and develops an account in the metaphysics of knowledge where knowledge is explained as a metaphysically primitive relation holding between a subject (or mind) and a fact.