A widespread Western conception about the sanctity of the human body and its parts prevents from any morally acceptable disposition of these objects. However, this entails nothing but a dualistic conception of the human being as a composite of detachable parts — namely, body and mind. Understood as the antechamber of legal rights, moral rights perform an important — yet frequently overlooked — justifying function that permeates the political discourse. Although the connection among moral, political and legal discourses (...) should be properly acknowledged, certain boundaries are to mediate among each scope for the sake of certainty and accuracy. Intermediate realities, as the so-called human rights, serve to connect the moral and legal domains, still they also blur the lines along which the discourse is deployed. Moral entities are essentially inalienable, to the extent that they demarcate the moral status of the subject. By contrast, legal rights are essentially negotiable and, thus, alienable. The controversial instance of bodily rights will serve to test the assertions above. (shrink)

Pregnant women and persons engaging in homosexual practices compose two groups that have been and still are amongst those most severely subjected to coercive restrictions regarding their own bodies. From an historical point of view, it is a recent and rare phenomenon that a woman’s right to abortion and a person’s right to engage in homosexual interactions are recognized. Although most Western liberal states currently do recognize these rights, they are under continuous assault from various political and religious movements. (...) Moreover, though liberal theories of justice typically defend women’s rights to abortion and people’s rights to homosexual activity, these theories often struggle to capture the fundamental ground for these rights. For example, it appears hard for the liberal to say why and when only the woman and not the embryo/fetus has rights and why the right to certain sexual practices is not on par with rights to other preferences. Contemporary liberal theories of justice, therefore, have a hard time identifying what distinguishes questions of abortion and sexual activities from other questions of right and thereby also have difficulty capturing the gravity of the wrongdoing involved in coercively restricting homosexual interactions and abortion as such. I argue that Kant’s theory of justice succeeds on both counts, because it can locate the fundamental ground for these rights in an understanding of the bodily integrity of the person. Just states will neither permit nor outlaw all abortions or sexual interactions, but rather will require all such laws to be reconcilable with the protection of each person’s right to freedom. (shrink)

The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides (...) a useful way to determine how the right should be applied in various cases. (shrink)

In this issue, Elizabeth Shaw and Gulzaar Barn offer a number of replies to my arguments in ‘Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity’, Journal of Ethics. In this article I respond to some of their criticisms.

I articulate and defend a principle governing enforcement rights in response to a non‐culpable non‐just rights‐intrusion (e.g., wrongful bodily attack by someone who falsely, but with full epistemic justification, believes that he is acting permissibly). The account requires that the use of force reduce the harm from such intrusions and is sensitive to the extent to which the intruder is agent‐responsible for imposing intrusion‐harm.

Many contemporary ethical debates turn on claims about the nature and extent of our alleged procreative moral rights: moral rights to procreate or not to procreate as we choose. In this article, I argue that there are no procreative moral rights, in that generally we do not have a distinctive moral right to procreate or not to procreate as we choose. However, interference with our procreative choices usually violates our nonprocreative moral rights, such as our moral (...) rights to bodily autonomy or to privacy. My argument presents hypothetical cases in which a state interferes with a person's procreative choices in order to promote aggregate social welfare, but this interference does not violate any of the person's nonprocreative moral rights. These cases not only undermine frequently made claims that widely recognized nonprocreative moral rights entail procreative moral rights, they also challenge the intuitively plausible claim that interference with our procreative choices as such violates our moral rights. What at first appear to be substantive moral rights are in fact a kind of illusion created by the frequent overlap of other rights, but lacking in substance beyond that overlap. While this argument against the existence of procreative moral rights has substantive implications for ongoing debates in reproductive ethics, I ultimately suggest that it is consistent with a progressive approach to reproductive justice. (shrink)

It is generally assumed that emotion concepts are purely descriptive. However, recent investigations suggest that the concept of happiness includes information about the morality of the agent's life. In this study, we argue that normative influences on emotion concepts are not restricted to happiness and are not about moral norms. In a series of studies, we show that emotion attribution is influenced by whether the agent's psychological and bodily states fit the situation in which they are experienced. People consider (...) that emotions are not just about feeling in certain ways, but also about feeling the right way. (shrink)

Our concern is with the ethical issues related to girlhood and bodily integrity—the right to be free from physical harm and harassment and to experience freedom and security in relation to the body. We defend agency, positive self-relations, and health as basic elements of bodily integrity and we advocate that this normative concept be used as a conceptual tool for the protection of the rights of girls. We assume the capability approach developed by Martha Nussbaum as an (...) ethical framework that enables us to evaluate girls’ well-being and well-becoming in relation to the potential, and often subtle, threats they face. The capability approach can be understood as a theory of justice, and, therefore, as an ethical and political approach. An enriched concept of bodily integrity can help in the design of better policies to address gender biases against girls because it could contribute to seeing them as active agents and valid participants. (shrink)

The standard of care in the United States favors stabilizing any adult who arrives in an emergency department after a failed suicide attempt, even if he appears decisionally capacitated and refuses life-sustaining treatment. I challenge this ubiquitous practice. Emergency clinicians generally have a moral obligation to err on the side of stabilizing even suicide attempters who refuse such interventions. This obligation reflects the fact that it is typically infeasible to determine these patients’ level of decisional capacitation—among other relevant information—in this (...) unique setting. Nevertheless, I argue, stabilizing suicide attempters over their objection sometimes violates a basic yet insufficiently appreciated right of theirs—the right against bodily invasion. In such cases, it is at least prima facie wrong to stabilize a patient who wants to die even if they lack a contrary advance directive or medical order and suffer from no terminal physical illness. (shrink)

In ‘Public Reason and Prenatal Moral Status’ (2015), Jeremy Williams argues that the ideal of Rawlsian public reason commits its devotees to the radically permissive view that abortion ought to be available with little or no qualification throughout pregnancy. This is because the only (allegedly) political value that favours protection of the foetus for its own sake—the value of ‘respect for human life’—turns out not to be a political value at all, and so its invocation in support of considerations bearing (...) upon the permissibility of abortion is beyond public reason’s remit. Thus, it will scarcely if ever be legitimate to restrict women’s equality and bodily autonomy for the sake of the foetus, even at full term. In this paper, I argue that Williams fails to establish that Rawlsian reasonable citizens must endorse the radically permissive stance vis-à-vis abortion. Citizens can, I claim, reasonably accord the value of respect for human life weight, and indeed converge on the claim that it outweighs other salient political values, during later stages of gestation. Nevertheless, Williams’s argument gets something right in that it reveals why the value of respect for human life is inadmissible at the bar of public reason in early stages of pregnancy. But then, far from throwing Rawlsian public reason into disrepute, Williams’s argument actually (albeit inadvertently) provides arguably more compelling grounds than any hitherto rallied for endorsing Rawls’s much maligned claim that opposition to the duly qualified right to abortion in the first trimester of pregnancy is ‘unreasonable’. (shrink)

In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy’s victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a non-enforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. I argue that (...) this double standard is unjustified, and defend a version of what I call “Social Samaritanism.” On this view, within political communities, the duty to help the needy—whether via bodily services or resource transfers—is always an enforceable demand of justice, except when the needy are reckless; across independent political communities, it is always a matter of beneficence. I defend this alternative double standard, and consider its implications for the case of Sandy. (shrink)

Every day, millions of people use mobile phones, play video games and surf the Internet. It is thus important to determine how technologies like these change what people think and how they behave. This is a central issue in the study of persuasive technologies. ‘Persuasive technologies’—henceforth ‘PTs’—are digital technologies, such as mobile apps, video games and virtual reality systems, that are deployed for the explicit purpose of changing attitudes and/or behaviours, without using coercion, deception or extreme forms of psychological manipulation (...) (such as hypnosis or indoctrination), and without exerting a direct (not psychologically mediated) physical effect on the brain. Typically PTs employ strategies such as prompting, information provision and encouragement... (shrink)

The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect mental activity, (...) the law should, we suggest, introduce stand alone protection for the inner sphere of persons. We shall address some metaphysical questions concerning physical and mental harm and demonstrate gaps in current doctrines, especially in regard to manipulative interferences with decision-making processes. We then outline some reasons for the law to recognize a human right to mental liberty and propose elements of a novel criminal offence proscribing severe interventions into other minds. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy (...) in this paper is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

This study in moral, political, and legal philosophy contends that it is morally impermissible to circumcise male minors without a medical indication (nontherapeutic circumcision). Male minors have a moral anticipatory autonomy right-in-trust not to be circumcised. This right depends on norms of autonomy and bodily integrity. These norms generate three direct non-consequentialist arguments against nontherapeutic circumcision: (1) the loss of nonrenewable functional tissue, (2) genital salience, and (3) limits on a parental right to permanently modify their sons' bodies. An (...) indirect argument holds (4) that if it is morally impermissible to remove the female prepuce (clitoral hood), then it is also morally impermissible to remove the male prepuce (foreskin). Although there is debate across medical cultures, a reasonable understanding supports the claim that nontherapeutic circumcision causes some harms and imposes unwarranted risks on male minors. The overall moral case applies to secular circumcisions and, with some qualifications, to religious circumcisions in Judaism and Islam. Arguments of political philosophy that invoke the freedom of religion, toleration, multiculturalism, and social meaning qualify somewhat, but do not eliminate, the case against circumcising male minors without a medical indication. Nevertheless, the arguments deployed in this study do not warrant legal interference at this time with secular and religious practices of nontherapeutic circumcision. (shrink)

Some responses to analogies between abortion and infanticide appeal to Judith Jarvis Thomson's argument for the permissibility of abortion. I argue that these responses fail because a parallel argument can be constructed for the permissibility of infanticide. However, an argument on the grounds of a right to choose to become a parent can maintain that abortion is permissible but infanticide is not by recognizing the normative significance and nature of parenthood. -/- Certaines réponses aux analogies entre l'avortement et l'infanticide font (...) appel à l'argument de Judith Jarvis Thomson en faveur de la licéité morale de l'avortement pour désamorcer ces analogies. Je soutiens que ces réponses échouent parce qu'un argument parallèle peut être construit en faveur de la licéité de l'infanticide. Cependant, un argument reposant sur le droit de choisir de devenir parent permet de soutenir que l'avortement est autorisé mais que l'infanticide ne l'est pas en reconnaissant le sens et la nature normatifs de la parentalité. (shrink)

Experientialism about the sense of bodily ownership is the view that there is something it is like to feel a body as one’s own. In this paper I argue for a particular experientialist thesis. I first present a puzzle about the relation between bodily awareness and self-consciousness, and introduce a somewhat underappreciated view on the sense of bodily ownership, Implicit Reflexivity, that points us in the right direction as to how to address this puzzle. I argue that (...) Implicit Reflexivity, however, does not provide a full solution to the puzzle. I then introduce a novel view on the sense of bodily ownership that inherits a central tenet, Reflexivity, from the above view, without having its flaws. According to Reflexivity, the sense of bodily ownership consists in the reflexive character of bodily sensations, namely in the fact that bodily sensations have experience-dependent properties as part of their content. Cashed out this way, Reflexivity is an attractive way of explicating the notion that bodily sensations are experiences of the body as subject. Reflexivity also highlights a central, but so far neglected, connection between the sense of bodily ownership and the sense of experience ownership. (shrink)

The paper discusses the category of one of the most fundamental expressions of agency, those movements of agents that are actions. There have been three dominant views of action since the 1960s: 1. the Causal Theory of Action, 2. the Tryings/Willings view, and 3. Agent Causation. These views claim that actions are: 1. events of bodily movements which have the right causes; 2. specific types of mental events causing events of bodily movements; 3. instances of the causal relationship (...) between agents and events of bodily movements. Among other arguments, a specific interpretation of the difference between transitive and intransitive verbs has been taken by defenders of the Tryings/Willings views and Agent Causation to support their main claims. The paper argues that these three views mischaracterise actions of bodily movements. It argues for this by highlighting some implausible claims and problems of the three views; by offering an interpretation of the difference between transitive and intransitive verbs that does not lend support to these views; and finally, by providing an alternative view of actions. This view is the Pluralist View according to which agents’ movements are the activations of agents’ abilities to move. (shrink)

The COVID-19 (Coronavirus disease of 2019) pandemic has led to intense conversations about ventilator allocation and reallocation during a crisis standard of care. Multiple voices in the media and multiple state guidelines mention reallocation as a possibility. Drawing upon a range of neuroscientific, phenomenological, ethical, and sociopolitical considerations, the authors argue that taking away someone’s personal ventilator is a direct assault on their bodily and social integrity. They conclude that personal ventilators should not be part of reallocation pools and (...) that triage protocols should be immediately clarified to explicitly state that personal ventilators will be protected in all cases. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus (...) supporting corvid bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

While it is commonly observed that visual experiences have an egocentric character, it is less clear how to properly characterize it. This manuscript presents a new argument in favor of a thesis that (a) visual experiences represent a subject-element, i.e., an element to which the perceived objects stand in egocentric relations, and (b) the subject-element is represented as a complex bodily structure. More specifically, it is argued that there are two plausible interpretations of directional perceptual qualities such as ‘being (...) to the left’: (a) representing directional qualities consists in representing objects as having intrinsic properties, or (b) representing directional qualities consists in representing objects as related to parts of the bodily structure. Relying on this observation, it is shown that only the second option can explain the role of directional qualities in action selection based on visual experiences. Consequently, the most plausible interpretation of directional qualities is that, in representing objects as being to the left or right, visual experiences represent objects as being related to parts of the bodily structure. (shrink)

I became a philosopher because I was fascinated by the ethics of abortion. Not only is abortion a crucial practical issue – a matter of life or death – but it forces us to grapple with some of the hardest and yet most significant philosophical questions: If we agree that all human beings have a right to life, what entities do we count as human beings? What characteristics, if any, are necessary? What happens when one entity’s life clashes with another’s (...) bodily integrity? What are the roles of responsibility, consent and fore-knowledge? (shrink)

El consentimiento informado del paciente se inserta en el ámbito de su autonomía decisoria. Aunque presenta un sustrato corporal, este aparece combinado con elementos de índole moral que presuponen una noción concreta de persona como libre y autónoma. Tanto de las definiciones doctrinales como del material normativo se desprende que se trata de una posición jurídica subjetiva del paciente, alternativamente calificada como una “pretensión” o “derecho subjetivo en sentido estricto”, en términos hohfeldianos; un “derecho negativo de defensa”, o una “inmunidad”. (...) En España, el Tribunal Constitucional ha vinculado el consentimiento informado del paciente al derecho fundamental a la integridad física y moral (15 CE), lo cual permite plantear el análisis en clave iusfundamental. Con todo, se advierten dudas e incompatibilidades entre la explicación habitual del consentimiento informado, su fundamento constitucional y su regulación jurídica. El objetivo del presente libro consiste en proporcionar una definición integral del consentimiento informado como derecho subjetivo del paciente y como manifestación de un derecho fundamental, a partir de una óptica poliédrica que aporta certeza en la práctica asistencial y jurídica. // The patient's right to informed consent is inserted within the scope of his decisional autonomy. Although it has a bodily background, it is combined with features of moral nature, which presupposes a concrete notion of the person as free and autonomous. Both, doctrinal approaches and normative legal material show that it is a subjective legal position of the patient, being alternatively qualified as a Hohfeldian “claim” or a “subjective right in a strict sense”; a "negative right" or an "immunity." The Spanish Constitutional Court has linked the informed consent of the patient to the fundamental right to physical and moral integrity (15 CE), which allows us to propose a fundamental rights-based analysis. Nonetheless, doubts and inconsistencies are perceived between the customary explanation of informed consent, its constitutional foundation and its legal regulation. The aim of this book is to provide a comprehensive definition of informed consent as subjective right of the patient and expression of a fundamental right, from a multi-fold perspective that provides certainty in both legal and health care practice. (shrink)

The temporal structure for motivating, monitoring, and making sense of agency depends on encoding, maintaining, and accessing the right contents at the right times. These functions are facilitated by memory. Moreover, in informing action, memory is itself often active. That remembering is essential to and an expression of agency and is often active suggests that it is a type of action. Despite this, Galen Strawson (Proceedings of the Aristotelian Society, 103, 227–257, 2003) and Alfred Mele (2009) deny that remembering is (...) an action. They claim that memory fails to admit of control. Remembering is automatic—once remembering starts, the process can neither be stopped nor intervened on. Moreover, the agent does not initiate remembering. An agent has control over an event or process if and only if she has the capacity and opportunity to initiate and intervene on that event or process. Actions are events over which an agent has control. Since it is automatic, we fail to have control over remembering. Thus, remembering is not an action. In this paper, I draw out an assumption of Strawson’s and Mele’s accounts: an event-type whose tokens exhibit automaticity cannot, for that reason, be an action (§2). Against this assumption, I draw parallels between skilled bodily action and memory. I show that memory exhibits two defining features of skill: it can be learned with practice and it admits of attributions of excellence (§3). These features reveal how intelligent control is exerted in the exercise of skill despite apparent automaticity—control is gained over time (§4). Since exercises of skill are by definition actions and since memory exemplifies the defining features of skill, memory is a skill and instances of remembering are actions too. (shrink)

This book rightly argues for greater inclusion of the natural and social sciences in the humanities, especially philosophy. The author draws from psychology, especially folk psychology, to show that a basic trait of universal human cognition contains a form of weak dualism. It is a dualism based on the embodied awareness that one’s own thoughts are different from external objects, which generates the belief in a mind/body dualism. The book offers a great deal of evidence that the ancient Chinese embraced (...) a weak mind/body dualism. The author criticizes most philosophers who have proposed a mind/body holism. Because the author admits that correlative thinking is also a function of universal human cognition, I propose that what he refers to as weak mind/body dualism is actually a form of mind/body nondualism. The book cites many examples of how cross-culturally people depict the disembodied spirit in a spiritual-bodily or ghostly-apparition form. The author of this review argues that dualism is another form of the Orientalism that the book wants to avoid, and one way to avoid Orientalism-dualism would be to embrace the correlative, nondual mind/body relationship. (shrink)

It is widely thought that functionalism and the qualia theory are better positioned to accommodate the ‘affective’ aspect of pain phenomenology than representationalism. In this paper, we attempt to overturn this opinion by raising problems for both functionalism and the qualia theory on this score. With regard to functionalism, we argue that it gets the order of explanation wrong: pain experience gives rise to the effects it does because it hurts, and not the other way around. With regard to the (...) qualia theory, we argue that it fails to capture the sense in which pain 's affective phenomenology rationalises various bodily-directed beliefs, desires, and behaviours. Representationalism, in contrast, escapes both of these problems: it gets the order of explanation right and it explains how pain 's affective phenomenology can rationalise bodily-directed beliefs, desires, and behaviours. For this reason, we argue that representationalism has a significant advantage in the debates about pain 's affective phenomenology. We end the paper by examining objections, including the question of what representationalists should say about so-called ‘disassociation cases’, such as pain asymbolia. (shrink)

Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that it (...) is obligatory to override a woman’s bodily autonomy for the sake of an unborn child’s survival, we must continue to override the bodily autonomy of parents to ensure the survival of their living children, until the parent no longer has a special obligation to their child to the same degree as their special obligation to the fetus. And if the life of a child is truly more important than the bodily autonomy of its parents, as must be the case to force women to carry unwanted pregnancies to term, this should remain true until such a time that their children are no longer considered their responsibility. Thus, parity of reasoning suggests that policies compelling the gestation of a fetus should be accompanied by policies compelling organ donation. (shrink)

1. Introduction: a look back at the reasons vs. causes debate. 2. The interventionist account of causation. 3. Four objections to interventionism. 4. The counterfactual analysis of event causation. 5. The role of free agency. 6. Causality in the human sciences. -- The reasons vs. causes debate reached its peak about 40 years ago. Hempel and Dray had debated the nature of historical explanation and the broader issue of whether explanations that cite an agent’s reasons are causal or not. Melden, (...) Peters, Winch, Kenny and Anscombe had contributed their anticausal conceptions. The neo-Wittgensteinians seemed to be winning the day when in 1963 Donald Davidson published his seminal paper “Actions, Reasons, and Causes”. Davidson’s paper devastated the Wittgensteinian camp. It contained, among other things, a powerful attack on the logical connection argument. Davidson argued that the existence of a logical or conceptual connection between descriptions can never eliminate a causal relation, which holds between events simpliciter, not between events under certain descriptions. Davidson maintained that in a way, reasons can be causes. When somebody acts for a certain reason, his intentional attitudes, or rather changes in his attitudes, cause his bodily movements. Davidson also argued that rationalization is a species of causal explanation. For the definition of action, he argued that intentional actions are bodily movements caused in the right way by beliefs and desires that rationalize them. Davidson’s paper paved the way for causal theories of action, which superseded neo-Wittgensteinian analyses in the following decades. The causal theory was rapidly adopted by Alvin Goldman, David Armstrong, Paul Churchland, Myles Brand and many others, entering the mainstream and dominating the philosophy of action to this very day. In 1971 Georg Henrik von Wright published his book "Explanation and Understanding". The second chapter did not deal with agency, but with causation. It developed a new account of causation, the interventionist or experimentalist account. Focusing on causation, von Wright remedied a major shortcoming of the reasons vs. causes debate. The concept of causality, and the nature of the causal relation, received little attention in this debate, a fact that holds true for both camps. Mostly it was simply taken for granted that, as Hempel had declared, “causal explanation is a special type of deductive-nomological explanation”. One camp then aligned intentional explanations with D-N explanations, while the other camp insisted on their disparity. So strictly speaking, the label “reasons/causes debate” was a misnomer. The controversy dealt primarily with the question as to whether intentional explanations can take the form of D-N explanations, while the notion of causation, and the metaphysics of the causal relation, were left obscured. With von Wright’s new approach, the situation changed. Von Wright was primarily concerned with causation, but his approach contained an implicit attack on the causal theory of action as well. His core idea was that the notion of causality is intimately linked with, or even derived from, the notion of intentionally making something happen. Other philosophers, even Hume, had considered such a connection before, but often just to reject this view, regarding it as a kind of myth belonging to the infancy of the human mind. Von Wright took the idea seriously. He submitted the analysis that p is the cause of q if and only if by doing p we could bring about q. The causal theory of action was also concerned with the relation between causation and agency, to which its name bears witness. The causal theory of action holds that actions are bodily movements with a certain causal history. This is why von Wright’s account constituted a momentous challenge to the causal theory: it reversed the direction of conceptual dependency between both notions. Davidson and his followers tried to define what an intentional action is by using the notion of causation. The causal condition which the causal theory sets is part of the definition of “doing something intentionally”. Von Wright claimed that the conceptual dependency is the other way round. He used the notions of doing, and bringing about, to explain what causal relations are. So, instead of a causal theory of action, he advocated an agency theory of causation, as it may be dubbed. It is remarkable how seldom this clash of opinions about conceptual primacy is reflected in the literature. There are few exceptions: Fred Stoutland noticed the conflict, and he published a number of papers in which he compared Davidson’s and von Wright’s views. Von Wright’s book "Explanation and Understanding" was widely read and discussed in the seventies, especially in Europe. But it strikes me that especially in North America, where the causal theory of action became the orthodoxy of the day, von Wright’s challenge went largely unnoticed. Even Davidson did not seem to take it seriously. He nowhere takes notice of the interventionist theory of causation, while he does discuss von Wright’s earlier book "Norm and Action". As is well-known, Davidson favoured an alternative account of causation, based on “the principle of the nomological character of causality”, as he somewhat clumsily called it, or, later and less clumsily, “the cause-law thesis”. Davidson’s firm adherence to a nomological theory of causality may explain why he did not take much interest in alternative accounts. [...] -/- . 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Pro-life advocates commonly argue that fetuses have the moral status of persons, and an accompanying right to life, a view most pro-choice advocates deny. A difficulty for this pro-life position has been Judith Jarvis Thomson’s violinist analogy, in which she argues that even if the fetus is a person, abortion is often permissible because a pregnant woman is not obliged to continue to offer her body as life support. Here, we outline the moral theories underlying public health ethics, and examine (...) the COVID-19 pandemic as an example of public health considerations overriding individual rights. We argue that if fetuses are regarded as persons, then abortion is of such prevalence in society that it also constitutes a significant public health crisis. We show that on public health considerations, we are justified in overriding individual rights to bodily autonomy by prohibiting abortion. We conclude that in a society that values public health, abortion can only be tolerated if fetuses are not regarded as persons. (shrink)

When performing a skilled action—whether something impressive like a double somersault or something mundane like reaching for a glass of water—you exercise control over your bodily movements. Specifically, you guide their course. In what does that control consist? In this dissertation, I argue that it consists in attending to what you are doing. More specifically, in attending, agents harness their perceptual and perceptuomotor states directly and practically in service of their goals and, in doing so, settle the fine-grained manner (...) in which their bodies will move—details an intention alone leaves unsettled. This requires, among other things, that we reject views on which agents’ control is identical with their practical rationality. When all goes well, agents attentionally prioritize what is motivationally relevant to them to the exclusion of what would otherwise distract them from achieving their goals. However, sometimes agents attend distractedly—i.e., without prioritizing. As the aim of attention is to avoid distraction, this entails the possibility of defective attention. Defective attention, in turn, casts light on scenarios in which agents lose control over what they are doing, as when a skilled practitioner ‘chokes under pressure’. A complaint sometimes levelled against accounts, like mine, that claim to reduce agents’ control of their behaviour to that of causally efficacious mental states or events is that these accounts invariably deprive agents themselves of their rightful role in the generation of behaviour. This is the “Disappearing Agent Problem” for “reductive” or “event-causal” theories of action. I argue that, correctly understood, extant reductive theories do face a genuine Disappearing Agent Problem. However, it is a problem we solve by recognizing the role that conscious attention plays in making an action the agent’s own. Accordingly, I develop and defend an attentional account of action ownership. On this view, allocating conscious attention in service of your goals is sufficient for a kind of conscious perspective (“motivational perspective”), which, when active in controlling your behaviour, constitutes the behaviour as your own doing. As I explain, such perspective also contributes to explaining the subjective structure of your perceptual awareness of the world around you. (shrink)

As one would expect, Kant believes that there is a tension, and even a conflict, between our bodily humanity and its ethical counterpart: ‘Inclination to pleasurable living and inclination to virtue are in conflict with each other’ (Anthropology, 185-86 [7:277]). What is more unexpected, however, is that he further claims that this tension can be resolved in what he calls an example of ‘civilised bliss’, namely dinner parties. Dinner parties are, for Kant, part of the ‘highest ethicophysical good’, the (...) ultimate resolution of the conflict between our physical body and our moral powers, which consists in finding the right proportions for the ‘mixture’ between our partly ‘sensuous’ and partly ‘ethicointellectual’ nature. The aim of this paper is not only to explain Kant’s account of the ideal proportions of ethicophysical good in dinner parties, but also, and more importantly, to argue that dinner parties are in fact the ultimate experience for us, human beings. (shrink)

In the thesis I offer an analysis of the metaphysical underpinnings of the extended cognition thesis via an examination of standard views of metaphysical building (or, dependence) relations. -/- In summary form, the extended cognition thesis is a view put forth in naturalistic philosophy of mind stating that the physical basis of cognitive processes and cognitive processing may, in the right circumstances, be distributed across neural, bodily, and environmental vehicles. As such, the extended cognition thesis breaks substantially with the (...) still widely held view in cognitive science and philosophy of mind, namely that cognitive processes and cognitive processing take place within the skin-and-skull of individual organisms. The standard view of metaphysical building relations can be expressed as the conjunction of two theses. First, that a metaphysical building relation – such as composition, constitution, realization, supervenience or emergence – is a relation of ontological dependence, because if a metaphysical building relation holds between X (or the Xs) and Y, then it is in virtue of X (or the Xs) that Y exists. Second, metaphysical building relations are synchronic (durationless) relations of ontological dependence. In the thesis, I propose an alternative diachronic framework by which to extend the standard synchronic accounts of metaphysical dependence relations, and by which to reformulate the metaphysical foundation of the extended cognition thesis. The project fills an important gap between analytical metaphysics (in particular, the metaphysics of dependence relations) and naturalistic philosophy of mind (especially the extended cognition thesis). To my knowledge there has been no attempt to establish a robust diachronic account of metaphysical building (or, dependence) relations such as, e.g., composition and constitution. However, this is precisely what I argue is required to properly advance and ground the metaphysics of extended cognition. Ultimately, my aim of reformulating the metaphysics of extended cognition consists in taking several steps toward a third-wave of extended cognition. (shrink)

The current thesis discusses how tools for analysing power are developed predominately for adults, and thus remain underdeveloped in terms of understanding injustices related to age, ethnicity/race and gender in childhoods. The overall aim of this dissertation is to inscribe a discourse of intersecting social injustices as relevant for childhoods and child welfare, and by interlinking postcolonial, feminist, and critical childhood studies. The dissertation is set empirically within the policy and practice of Swedish child welfare, here exemplified by the assessment (...) framework Barns Behov i Centrum. It aims to explore how Swedish child welfare, as a field of knowledge, modes of knowing and knowing subjects, constitutes an arena for claims and responses to intersecting social justice issues. The material consists of BBIC primers and selected samples from, a total of 283 case reports from a Swedish social service agency. The case reports address assessments of children. This dissertation is based on four qualitative studies using discourse analysis, as well as analysis inspired by thematic and case-study methodology. Two studies focus on child welfare discourses in BBIC documents involving social problems and violence, and two studies are based on child welfare case reports. Studies I­­-II address child welfare policy and practice by analysing the conditions required for children to participate, in terms of children’s moral status and in terms of status of ‘evidencing’ needs for protection. Studies III­­-IV explore this further from the perspective of intersecting and embodied social injustices in childhoods. Together, the studies interconnect child welfare as a field of knowledge, modes of knowing and knowers with child welfare as a moral arena for claims to rights, recognition, and social justice. The synthesised findings point to child biowelfare, in which justice discourses are largely absent. Biowelfare is informed by a mode of knowing and ‘evidencing’ risks to children’s health and development, which are confined to scientific predicting-believing, seeing-believing by professionals and a moral economy of care, all of which constrain the idea that injustices are structural and intersecting. Biowelfare primarily responds to children as ‘speaking’ biological bodies, rather than as voices of justice. In this sense, injustices of an epistemological nature are interconnected with social injustices. When issues of justice are mobilised in case reports and policy, they come across as rather ‘unjust’, primarily confined to the sphere of the family home of racialised children and not connected to ‘general’ children. In addition to intersections of age, ethnicity/race and gender, class and health are fundamental to recognition and protection in biowelfare. Finally, the dissertation indicates the need for a moral economy which responds to intersecting social injustices such as racial, gender-based and ageist violence in childhoods, and violations of children’s bodily integrity. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather (...) than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

In this chapter, I put forward and sustain an articulation of the notion of bodily skill based on ecological psychology, and I show how it is relevant for the debate between Dreyfus and McDowell about skillful coping and also for the debate about whether know-how is reducible or not to propositional knowledge. The right metaphor to understand bodily skills is not the computer metaphor but the radio metaphor. These skills result from a process of organism attunement to its (...) environment. (shrink)

Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. (...) There is broad agreement across cultural and philosophical traditions about the capacities and responsibilities of moral agents. I propose an inclusive and expansive way of thinking about moral status, situating it not in the characteristics or capacities of individuals, but in the responsibilities and obligations of moral agents. Moral agents, under this view, are not privileged or entitled to special treatment but rather have responsibilities. I approach this by considering some African communitarian conceptions of moral status and moral agency. I propose that moral agency can also be more expansive and include not just individual moral agents but collective entities that have some of the traits of moral agents: power, freedom, and the capacity to recognize and act on the demands of morality and acknowledge and respect the rights of others. Expanding who and what is a moral agent correspondingly extends moral responsibility for respecting rights and fostering the conditions for the health and well-being of humans and animals onto the collective entities who uniquely have the capacity to attend to global-scale health threats such as pandemics and human-caused climate change. (shrink)

In this article, I link the empirical hypothesis that neural representations of sensory stimulation near the body involve a unique motor component to the idea that the perceptual field is structured by skillful bodily activity. The neurophenomenological view that emerges is illuminating in its own right, though it may also have practical consequences. I argue that recent experiments attempting to alter the scope of these near space sensorimotor representations are actually equivocal in what they show. I propose resolving this (...) ambiguity by treating these representations as responsive to the development or degeneration of know-how—which can be isolated as an appropriate object for scientific investigation. (shrink)

Somatoparaphrenia is a pathology of self characterized by the sense of alienaton from parts of one’s body. It is usually construed as a kind of delusional disorder caused by extensive right hemisphere lesions. Lesions in the temporoparietal junction are common in somatoparaphrenia but deep cortical regions (for example, the posterior insula) and subcortical regions (for example, the basal ganglia) are also sometimes implicated (Valler and Ronschi 2009). Patients are often described as feeling that a limb belongs to another person and (...) thus attribute ownership of the limb and bodily sensation to someone else. There is also some question as to whether or not the higher-order thought (HOT) theory of consciousness can plausibly account for the depersonalization psychopathology of somatoparaphrenia (Liang and Lane 2009, Rosenthal 2010, Lane and Liang 2010). Liang and Lane argue that it cannot. The HOT theory of consciousness says that what makes a mental state a conscious mental state is that it is the target of a HOT to the effect that “I am in mental state M” (Rosenthal 2005, Gennaro 2012). When the HOT is itself is unconscious, the conscious state is still outer-directed. When the HOT is conscious, we have introspection and so the conscious thought is directed at the mental state. In section I, I briefly review the previous exchange between Lane and Liang and David Rosenthal. In section II, I further explore somatoparaphrenia and the nature of delusion while offering a number of additional replies to Lane and Liang. In section III, I examine the central notions of “mental state ownership” and “self-concepts” in an effort to account especially for the depersonalization aspect of somatoparaphrenia against the background of HOT theory. In section IV, I argue that to the extent that somatoparaphrenia casts doubt on the notion that some thoughts are “immune to error through misidentification” (IEM), the most fundamental aspect of IEM is still consistent with HOT theory. Overall, I argue that HOT theory is left unscathed by the pheneomenon of somatoparaphrenia and can even help to explain what happens in these cases. (shrink)

The problem of deviant causal chains is endemic to any theory of action that makes definitional or explanatory use of a causal connection between an agent’s beliefs and pro-attitudes and his bodily movements. Other causal theories of intentional phenomena are similarly plagued. The aim of this chapter is twofold. First, to defend Davidson’s defeatism. In his treatment of deviant causal chains, Davidson makes use of the clause “in the right way” to rule out causal waywardness, but he regards any (...) attempt at specifying ‘right’ sorts of causal histories as hopeless and even harmful. To my mind, Davidson’s defeatism contains a valuable insight, so I shall try to explain the reasons for it. Second, I shall try to answer a question that has often been ignored or passed over in the literature; namely the question of what it is that deviant causal chains deviate from. (shrink)

Bobier and Omelianchuk argue that the Birth Strategy for addressing analogies between abortion and infanticide is saddled with a dilemma. It must be accepted that non-therapeutic late-term abortions are either, impermissible, or they are not. If accepted, then the Birth Strategy is undermined. If not, then the highly unintuitive claim that non-therapeutic late-term abortions are permissible must be accepted. I argue that the moral principle employed to defend the claim that non-therapeutic late-term abortions are morally impermissible fails to do so. (...) Furthermore, the principle that people have a right to bodily autonomy can be used as an argument for the conclusion that non-therapeutic late-term abortions are permissible and is intuitively stronger than the intuition for the opposite of this conclusion. This is because people having a right to bodily autonomy explains the impermissibility of rape and sexual assault. Consequently, the posited dilemma is defused and does not undermine the Birth Strategy. (shrink)

Embodied cognitive science has argued that cognition is embodied principally in virtue of grossmorphological and sensorimotor features. This thesis argues that cognition is also internally embodied in affective and fine-grained physiological features whose transformative roles remain mostly unnoticed in contemporary cognitive science. I call this ‘proper embodiment’. I approach this larger subject by examining various emotion theories in philosophy and psychology. These tend to emphasise one of the many gross components of emotional processes, such as ‘feeling’ or ‘judgement’ to the (...) detriment of the others, often leading to an artificial emotion-cognition distinction even within emotion science itself. Attempts to reconcile this by putting the gross components back together, such as JessePrinz’s “embodied appraisal theory”, are, I argue, destined to failure because the vernacular concept of emotion which is used as the explanandum is not a natural kind and is not amenable to scientific explication.I examine Antonio Damasio’s proposal that emotion is involved in paradigmatic ‘cognitive’ processing such as rational decision making and argue (1) that the research he discusses does not warrant the particular hypothesis he favours, and (2) that Damasio’s account, though in many ways a step in the right direction, nonetheless continues to endorse a framework which sees affect and cognition as separate (though now highly interacting) faculties. I further argue that the conflation of ‘affect’ and 'emotion' may be the source of some confusion in emotion theory and that affect needs to be properly distinguished from ‘emotion’. I examine some dissociations in the pain literature which give us further empirical evidence that, as with the emotions, affect is a distinct component along with more cognitive elements of pain. I then argue that affect is distinctive in being grounded in homeostatic regulative activity in the body proper. With the distinction between affect, emotion, and cognition in hand, and the associated grounding of affect in bodily activity, I then survey evidence that bodily affect is also involved in perception and in paradigmatic cognitive processes such as attention and executive function. I argue that this relation is not ‘merely’ casual. Instead, affect (grounded in fine-grained details of internal bodily activity) is partially constitutive of cognition, participating in cognitive processing and contributing to perceptual and cognitive phenomenology. Finally I review some work in evolutionary robotics which reaches a similar conclusion, suggesting that the particular fine details of embodiment, such as molecular signalling between both neural and somatic cells matters to cognition. I conclude that cognition is properly embodied’ in that it is partially constituted by the many fine-grained bodily processes involved in affect (as demonstrated in the thesis) and plausibly by a wide variety of other fine-grained bodily processes that likewise tend to escape the net of contemporary cognitive science. (shrink)

Fred Dretske has recently argued, in a highly original book and a series of articles, that action explanations are a very special species of historical explanation, in opposition to the traditional view that action explanations cite causes of actions, which are identical with bodily movements. His account aims to explain how it is possible for there to be a genuine explanatory role for reasons in a world of causes, and, in particular, in a world in which we have available (...) in principle an explanation for any movement of our bodies in neurophysiological terms. While Dretske draws attention to an important, and overlooked, feature of the form of the explananda of action explanations, he draws the wrong conclusion from it. This paper argues argues that his account of the nature of action explanations, and the role of reasons in explaining behavior, cannot be right. This will force us to re©examine the assumptions that suggest that reason explanations and neurophysiological explanations of our movements cannot coexist. (shrink)

the article presents Jean Paul Sartre’s idea of the human body and the bodiliness described in his book Being and nothingness (1943). In this book, Sartre argued that every human relation is based on the objecti cation of one human by another, and entering into empathic contact is basically impossible. the author of the article has con onted this thesis with contemporary psychological and neuropsychological thought (mirror neuron theory) and has investigated how the category of empathy functions in literary studies. (...) A very important part of this article is the re ection on the presence and topicality of Sartre’s beliefs in the literature. the author has conducted an interpretation of Witold gombrowicz’s story Tancerz mecenasa Kraykow‐ s ego (1926) om the collection Bakakaj (1957), and has shown that the ideas presented by Sartre are re ected there in a very interesting way. Sartre’s philosophy turns out to be abso‐ lutely up‐to‐date right now, more than many psychological theories — it not only supplies a philosophical base for the analysis of human relations (those also presented in literature), but also gives a certain tool for describing them in the form of speci c language and terminology. (shrink)

This book is the result of Searle's stay in the Munster University Philosophy Dept in 2009 and all the papers except his introductory one and his final response are from persons associated with Munster. However all the papers were written or revised later and so are one of the most up to date looks at his views available as of mid 2013. S has in my view made more fundamental contributions to higher order descriptive psychology (philosophy) than anyone since Wittgenstein (...) and has been writing world class material for over 50 years. He is also (like W before him) regarded as the best standup philosopher alive and has taught and lectured worldwide. He is also one of the clearest and most careful writers in the field so one would think that every philosopher writing an article on his work would have an up to date and accurate understanding of his ideas. Unfortunately this book shows that this is far from true. All the 11 articles make major mistakes regarding his views and regarding what he (and I) would regard as an accurate description of behavior. -/- Searle's obliviousness (which he shares with most philosophers) to the modern two systems framework and to the full implications of W’s “radical” epistemology as stated most dramatically in his last work ‘On Certainty’, is most unfortunate (as I have noted in many reviews). It was Wittgenstein who did the first and best job of describing the two systems (though nobody else has noticed) and OC represents a major event in intellectual history. Not only is Searle unaware of the fact that his framework is a straightforward continuation of W, but everyone else is too, which accounts for the lack of any significant reference to W in this book. As usual one also notes no apparent acquaintance with Evolutionary Psychology, which can enlighten all discussions of behavior by providing the real ultimate evolutionary and biological explanations rather than the superficial proximate cultural ones. -/- However, his comment on p212 is right on the money—the ultimate explanation (or as W insists the description) can only be a naturalized one which describes how mind, will, self, intention work and cannot meaningfully eliminate them as ‘real’ phenomena. Recall Searle’s famous review of Dennett’s ‘Conscious Explained’ entitled “Consciousness explained away”. And this makes it all the more bizarre that Searle should repeatedly state that we don’t know for sure if we have free will and that we have to ‘postulate’ a self (p218-219). As he notes “The neuro-biological processes and the mental phenomena are the same event, described at different levels” and “How can conscious intentions cause bodily movement?…How can the hammer move the nail in virtue of being solid? …If you analyze what solidity is causally…if you analyze what intention-in-action is causally, you see analogously there is no philosophical problem left over.” -/- Also I would state “The heart of my argument is that our linguistic practices, as commonly understood, presuppose a reality that exists independently of our representations.” (p223) as “Our life shows a world that does not depend on our existence and cannot be intelligibly challenged.” This book is valuable principally as a recent synopsis of the work of one the greatest philosophers of recent times. But there is also value in analyzing his responses to the many basic confusions manifested in the articles by others. Since this review I have written many articles extending the framework of the logical structure of rationality and commenting in depth on Searle and Wittgenstein which are all readily available on the net. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

Preface/Introduction: The question under discussion is metaphysical and truly elemental. It emerges in two aspects — how did we come to be conscious of our own existence, and, as a deeper corollary, do existence and awareness necessitate each other? I am bold enough to explore these questions and I invite you to come along; I make no claim to have discovered absolute answers. However, I do believe I have created here a compelling interpretation. You’ll have to judge for yourself. -/- (...) What follows is the presentation of three essays I have worked on over the past several years seeing publication for the first time. “Hollows of Experience” was written first as an invited chapter for a collection on the ontology of consciousness. However, when cuts became necessary, my chapter got the knife. Its length has prohibited it from publication in any print journal. “Myth and Mind” was written next as a journal article, but as my involvement with it grew so did its length, so it has also idled on my websty awaiting its call. “From Panexperientialism to Conscious Experience” was written most recently, but it is the only one to have been available to the public elsewhere than my own website. Under the name, “The Continuum of Experience”, it was Target Article #95 on the recently closed Karl Jaspers Forum (for discussion purposes only). -/- I have put them in a different sequence here, for reasons of logical sense. Up first, “Panexperientialism” deals with an idea difficult for many to accept, namely that conscious experience is a particular mode of symbolically reflected experience that is largely unique to our species. However, I aver that experienced sensation in itself (as found, for example, in autonomic sensory response systems) goes “all the way down” into nature, and thus the title, panexperientialism. -/- Understanding this idea is helpful to dealing with the focus on language in Part I of “Hollows”, next, since here speech and general symbolic interaction in general are found to be the catalysts for the creation of our consciously experienced world (our “lived reality”). In Part II, however, I explore how experienced sensations must be coeval with existence, and, with even greater temerity, how all this sensational existence might have arisen within some literally inconceivable background of awareness-in-itself that yet has a dynamism that occasionally breaks into existence as experiential events and entities. (The latter may sound wacky, but physicists and cosmologists are themselves attempting to come to terms with that which seethes with vast potential energy in what they refer to as the quantum vacuum.) -/- “Myth and Mind” was put third since it deals with a major lacuna in “Hollows” — that presumed prehistoric period when members of our species made the painful crossing of the symbolic threshold into the beginnings of cultural consciousness. Speech plays a central role here, too, but I look more at narrative structures from the dawn of self-awareness when ritual and myth became vital to human survival. Why would fantastic stories and bizarre rituals be necessary? I speculate that growing foresight led to the unavoidable realization of certain mortality, from which, in turn, emerged the secondary realization that we were now alive. In contrast to our yet-to-come death, we have life here and now, and by ritually identifying with a symbolically expanded mythic, i.e., sacred, reality, we may continue to live on after bodily death, just as our ancestors and loved ones must also do. Language and mythmaking are necessary to avoid mortal despair and they remain at the core of human consciousness. -/- As Ernst Cassirer (1944) has noted, language and myth are “twin creatures”, both metaphoric webs over a reality we can never wholly comprehend. We live in the symbolic and construct our works of imagination and wars of conquest to make life meaningful, to feel immortal, and to sense that we ourselves participate in a reality greater than ourselves. No doubt we do, but this does not mean our culturally constructed self-identities survive the death of our bodies, and it does not imply that our symbolic concepts can ever indicate the ultimate truth. We simply must symbolize an extended reality that was sacred to our ancestors: “Is it not our way, as illusory as it may be, to force continuance on our world and our life in the face of their inevitable ending? Are we not compelled to extend those imaginary horizons as far as we can despite the terror and the sometime joy their extension incites? Is their closure not a form of death?” (Crapanzano, p. 210) -/- Of course, this leaves me in the uncomfortable position of being forced to admit that this venture of mine must inevitably be another attempt at meaningful mythmaking. But what else could it be? This is certainly not a scientific proof though it is indeed an academically rigorous exploration. (Just try to count the citations!) I hope the reader will judge my thesis on the basis of its coherence, the sense of meaning it evokes, my intellectual responsibility, and, finally, the engagement it inspires. If you have read my expositions and found yourself immersed in the timeless questions I here call forth, I would call these writings successful (even if you violently disagree with my answers). -/- I am very grateful to Huping Hu for granting me this special issue of JCER in which to present my ideas in some detail. He has patiently dealt with my exuberant approach and allowed the many changes I kept coming up with right until the final publication date. I also wish to thank the many potential commentators who politely replied to my invitation, and, even more, I thank those who made time to write actual commentaries. -/- References -/- Cassirer, E. (1944). An Essay on Man: An Introduction to a Philosophy of Human Culture. New Haven/London: Yale UP. -/- Crapanzano, V. (2004). Imaginative Horizons: An Essay in Literary-Philosophical Anthropology. Chicago: U of Chicago Press. -/- Gregory M. Nixon University of Northern British Columbia Prince George, British Columbia, Canada Email: [email protected] Websty: http://members.shaw.ca/doknyx. (shrink)

Philosophers think of pain less and less as a paradigmatic instance of mentality, for which they seek a general account, and increasingly as a rich and fruitful topic in its own right. Pain raises specific questions: about mentality and consciousness certainly, but also about embodiment, affect, motivation, and value, to name but a few. The growth of philosophical interest in pain has gone hand-in-hand with the growth of pain science, which burgeoned in the 1960s. This is no accident: developments in (...) pain science have prompted philosophers to take account of empirical data, and to revisit their assumptions about pain. Pain, in short, demands interdisciplinary investigation, hence while this entry focuses on the philosophy of pain, it makes liberal reference to empirical literature along the way. This entry’s focus is on physical pains, that is pains that are felt in bodily locations, not emotional suffering more broadly, such as grief or disappointment. The entry also does not address pain’s place in ethical theories; its focus is rather on issues that arise within philosophy of mind. Even so, part of what makes pain such an interesting and important topic is that the questions it raises span boundaries, and normative questions concerning pain’s badness, on the one hand, and its value, on the other, are never far away. (shrink)

In De Anima I 4, Aristotle describes the intellect (nous) as a sort of substance, separate and incorruptible. Myles Burnyeat and Lloyd Gerson take this as proof that, for Aristotle, the intellect is a separate eternal entity, not a power belonging to individual humans. Against this reading, I show that this passage does not express Aristotle’s own views, but dialectically examines a reputable position (endoxon) about the intellect that seems to show that it can be subject to change. The passage’s (...) argument for the indestructibility of intellect via an analogy to perception does not fit with Aristotle’s own views. Aristotle thinks that perception operates via bodily organs, but denies this of understanding. He also requires separability from the body for indestructibility, something this analogy rules out. However, Aristotle’s Platonist interlocutors may well endorse such an argument. My dialectical interpretation best resolves the interpretative difficulties and explains its place in the larger context, Aristotle’s discussion of Platonist views on the soul. Aristotle presents a challenge to his insistence that the soul is subject to change, dialectically resolves that challenge, and then ends by reserving the right to give a different account of the intellect. (shrink)

Should the law recognize an elephant’s right to be released from solitary confinement? The New York State Court of Appeals—the highest court in the State of New York—will consider this question on May 18. At issue is an Asian elephant named Happy. But happy she is not. Every human being has a right to bodily liberty because they have strong interests that this right protects. Since Happy has the same strong interests, the Court should recognize Happy’s right to be (...) freed from solitary confinement. (shrink)

In 2012, a German court ruled that religious circumcision of male minors constitutes criminal bodily assault. Muslim and Jewish groups responded with outrage, with some commentators pegging the ruling to Islamophobic and anti-Semitic motivations. In doing so, these commentators failed to engage with any of the legal and ethical arguments actually given by the court in its landmark decision. In this brief commentary, I argue that a firm distinction must be drawn between criticisms of religious practices that stem from (...) irrational prejudice and bigoted attitudes and those that are grounded in sound moral reasoning. Given that ritual circumcision is a pre-Enlightenment custom that elevates the inclinations of the community over the rights of the individual, it is hardly surprising that a growing number of post-Enlightenment philosophers and legal scholars are taking an ethical stand against it. As the “circumcision debate” continues, parties on all sides of the issue must remember to reason through the relevant considerations with care and respect. (shrink)