Recently, Brummett and Crutchfield advanced two critiques of theists who object to moral enhancement. First, a conceptual critique: theists who oppose moral enhancement commonly do so because virtue is thought to be acquired only via a special kind of process. Enhancement does not involve such processes. Hence, enhancement cannot produce virtue. Yet theists also commonly claim that God is perfectly virtuous and not subject to processes. If virtue requires a process and God is perfectly virtuous without a process, however, then (...) theists contradict themselves. Second, a moral critique: theists who reject moral enhancement are selfish, since accepting moral enhancement would (allegedly) reduce widespread suffering. Theists often condemn selfishness, however. By condemning selfishness and (simultaneously) rejecting enhancement, therefore, theists contradict themselves yet again. We argue that both critiques fail. Both substantially misrepresent their target. First, Brummett and Crutchfield confuse metaphysical enhancement (attempts to alter human nature) with moral enhancement (attempts to become better human beings). Authors that Brummett and Crutchfield cite object to the former, not the latter. Second, both conceptual and moral critiques overlook the many resources within theistic traditions that can quickly resolve relevant (alleged) contradictions. The conceptual critique, for example, misrepresents both common views held among theists (regarding God’s virtue) and the ways in which virtue may be acquired. Similarly, the moral critique mischaracterizes the relationship commonly posited by theists between enhancement and agency. By attending to what theists actually claim—rather than relying on caricatures—it becomes clear that each of Brummett and Crutchfield’s critiques fail. (shrink)

Recently, Brummett and Crutchfield advanced two critiques of theists who object to moral enhancement. First, a conceptual critique: theists who oppose moral enhancement commonly do so because virtue is thought to be acquired only via a special kind of process. Enhancement does not involve such processes. Hence, enhancement cannot produce virtue. Yet theists also commonly claim that God is perfectly virtuous and not subject to processes. If virtue requires a process and God is perfectly virtuous without a process, however, then (...) theists contradict themselves. Second, a moral critique: theists who reject moral enhancement are selfish, because accepting moral enhancement would (allegedly) reduce widespread suffering. Theists often condemn selfishness, however. By condemning selfishness and (simultaneously) rejecting enhancement, therefore, theists contradict themselves yet again. We argue that both critiques fail. Both substantially misrepresent their target. First, Brummett and Crutchfield confuse metaphysical enhancement (attempts to alter human nature) with moral enhancement (attempts to become better human beings). Authors that Brummett and Crutchfield cite object to the former, not the latter. Second, both conceptual and moral critiques overlook the many resources within theistic traditions that can quickly resolve relevant (alleged) contradictions. The conceptual critique, for example, misrepresents both common views held among theists (regarding God's virtue) and the ways in which virtue may be acquired. Similarly, the moral critique mischaracterizes the relationship commonly posited by theists between enhancement and agency. By attending to what theists actually claim—rather than relying on caricatures—it becomes clear that each of Brummett and Crutchfield's critiques fail. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

T In [Rea 2006], Michael Rea presents an argument that presentism is incompatible with a libertarian view of human freedom and the unrestricted principle of bivalence. I aim to show that Rea’s argument fails. The outline of my paper is as follows. In Part I, I briefly explain the above three views and I present Rea’sargument. In Part II, I argue that one of the premises of the argument is unjustified.

I explore, from a proof-theoretic perspective, the hierarchy of classical and paraconsistent logics introduced by Barrio, Pailos and Szmuc in (Journal o f Philosophical Logic,49, 93-120, 2021). First, I provide sequent rules and axioms for all the logics in the hierarchy, for all inferential levels, and establish soundness and completeness results. Second, I show how to extend those systems with a corresponding hierarchy of validity predicates, each one of which is meant to capture “validity” at a different inferential level. Then, (...) I point out two potential philosophical implications of these results. (i) Since the logics in the hierarchy differ from one another on the rules, I argue that each such logic maintains its own distinct identity (contrary to arguments like the one given by Dicher and Paoli in 2019). (ii) Each validity predicate need not capture “validity” at more than one metainferential level. Hence, there are reasons to deny the thesis (put forward in Barrio, E., Rosenblatt, L. & Tajer, D. (Synthese, 2016)) that the validity predicate introduced in by Beall and Murzi in (Journal o f Philosophy,110(3), 143–165, 2013) has to express facts not only about what follows from what, but also about the metarules, etc. (shrink)

My goal in this paper is to provide critical discussion of Michael Rea’s case for three of the controversial theses defended in his World Without Design (Oxford University Press, 2002): (1) that naturalism must be viewed as what he calls a “research program”; (2) that naturalism “cannot be adopted on the basis of evidence,” as he puts it; and (3) that naturalists cannot be justified in accepting realism about material objects.

This collection of writings on aesthetics includes selections from Theodor Adorno, Walter Benjamin, Mikhail Bakhtin, Sigmund Freud, Martin Heidegger, Amy Mullin, Friedrich Nietzsche, and Frederich Wilhelm Joseph von Schelling. This collection may still be available as a print-on-demand title at the Ryerson University bookstore.

This collection for a course in Social Thought and the Critique of Power includes selections from Sandra Bartkey, Wendy Brown, Judith Butler, Luc Boltanski, Eve Chiapello, Juergin Habermas, Margaret Kohn, Saskia Sassen, Margit Mayer, David Ciavatta, Michael Hardt, Antonio Negri, and Jeremy Waldron. Selections include material on the city, neoliberalism, computer-mediated life, precarity, cosmopolitanism, and gender. This packet may still be available as a print-on-demand title at the Ryerson University Bookstore.

This out-of-print collection in the area of European twentieth-century political philosophy includes selections from Adorno, Benjamin, Benhabib, Marcuse, Ciavatta, Comay, Honneth, and Fraser.

This collection in the area of continental philosophy of language, aesthetics, and semiotics includes articles and book selections from Derrida, Ricouer, McCumber, Oliver, Sheshradi-Krooks, Lacan, and Kristeva. This collection is available in the University of Guelph bookstore.

This out-of-print collection on animal rights, applied ethics, and continental philosophy includes readings by Martin Heidegger, Karin De Boer, Martha Nussbaum, David De Grazia, Giorgio Agamben, Peter Singer, Tom Regan, David Morris, Michael Thompson, Stephen Jay Gould, Sue Donaldson, Carolyn Merchant, and Jacques Derrida.

This out-of-print, two-volume, photocopy packet, in the area of "Surrealism and the Politics of the Particular" includes readings on language, meaning, and surrealism from Adorno, Benjamin, McCumber, Breton, Heidegger, Freud, Kristeva, Ricouer, and Bataille.

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

Graham Priest has formulated the minimally inconsistent logic of paradox (MiLP), which is paraconsistent like Priest’s logic of paradox (LP), while staying closer to classical logic. We present logics that stand to (the propositional fragments of) strong Kleene logic (K3) and the logic of first-degree entailment (FDE) as MiLP stands to LP. That is, our logics share the paracomplete and the paraconsistent-cum-paracomplete nature of K3 and FDE, respectively, while keeping these features to a minimum in order to stay closer to (...) classical logic. We give semantic and sequent-calculus formulations of these logics, and we highlight some reasons why these logics may be interesting in their own right. (shrink)

Substantial review of Michael Rea's, World without design: the ontological consequences of naturalism. It is an improved version of my paper, "Rea On Naturalism" in Philo, 2004, revised in light of Rea's comments on the earlier paper. The discussion focuses on Rea’s case for three of his theses: that naturalism must be viewed as a ‘research programme’; that naturalism ‘cannot be adopted on the basis of evidence’, as he puts it; and that naturalists cannot be justified in accepting realism about (...) material objects. (shrink)

Review of Jesse Norman, "Edmund Burke: Philosopher, Politician, Prophet" (William Collins, 2013).

The article focuses on Burke’s engagement with India and the Impeachment of Warren Hastings. It attempts to trace the way in which Burke, in his rhetoric on India, uses the sentimentalist vocabulary of the Scottish Enlightenment and, more particularly, the concept of sympathy. Burke, it is suggested, passes from a Humean to a Smithian understanding of sympathy, giving however, at every stage of this development, his own turn and character to the concept. Overall, Burke’s writings on (...) India reveal quite advanced for his time political reflexes and oblige us to reconsider the stereotypic image of Burke as an icon of conservatism. (shrink)

In the present article, he explains why divine silence poses a serious intellectual obstacle to belief in God, and then goes on to consider ways of overcoming that obstacle. After considering several ways in which divine silence might actually be beneficial to human beings, he argues that perhaps silence is nothing more or less than God’s preferred mode of interaction with creatures like us. Perhaps God simply desires communion rather than overt communication with human beings, and perhaps God has provided (...) ways for us to experience God’s presence richly even amidst the silence. (shrink)

This essay develops a theory of identities, selves, and ‘the self’ that both explains the sense in which selves are narratively constituted and also explains how the self relates to a person's individual autobiographical identity and to their various social identities. I argue that identities are the contents of narratively structured representations, some of which are hosted individually and are autobiographical in form, and others of which are hosted collectively and are biographical in form. These identities, in turn, give rise (...) to selves of various sorts—true selves, autobiographical selves, public and private selves, merely possible selves, and so on—which are the characters (or presupposed subjects) that appear in our various identities. Although the theory I develop bears some obvious affinities with the view that selves are fictional characters, the two views are in fact distinct, for reasons explained at the end. (shrink)

This paper examines the role of ?situations? in John Dewey's philosophy of logic. To do this properly it is necessary to contrast Dewey's conception of experience and mentality with views characteristic of modern epistemology. The primary difference is that, rather than treat experience as peripheral and or external to mental functions (reason, etc.), we should treat experience as a field in and as a part of which thinking takes place. Experience in this broad sense subsumes theory and fact, hypothesis and (...) evidence, reason and observation, thought and perception. Logic in this view is a formal study of the generic features of all possible kinds of experience in this broad (thick, deep, wide, multifaceted) sense. The goal of this paper is to explain what Dewey thinks a situation is in the context of this view of experience, and to argue for the fundamental importance of that idea for logic and philosophy in general. (shrink)

Edmund Burke, known for his full condemnation of the French Revolution, has ascribed to the French philosophes the making of that turn of mind which eventually created the conditions for the total subversion of France. This paper aims at investigating Burke’s interpretation of Rous- seau: in fact, him he considers to be the father of that disposition – which he calls vanity – that has inflamed the spirits of an entire population. «A silent revolution in the moral world (...) preceded the political, and prepared it», Burke writes. Hence, by delving into A Letter to a Member of the National Assembly (1791), known to be Burke’s most extensive critique of Rousseau’s thought, and by constantly referring to his broader intellectual production, this paper tackles the question on the charges Burke imputes to Rousseau in fermenting that very disposition of mind which prepared the ground for the Revolution. Not political doctrines, but examples derived from Rousseau’s very life and his proper pedagogic reflections, according to Burke, have had the great- est responsibility in shaping the revolutionary mind. (shrink)

My goal in this paper is to show that naturalists cannot reasonably endorse moral realism. My argument will come in two parts. The first part aims to show that any plausible and naturalistically acceptable argument in favor of belief in objective moral properties will appeal in part to simplicity considerations (broadly construed)—and this regardless of whether moral properties are reducible to non-moral properties. The second part argues for the conclusion that appeals to simplicity justify belief in moral properties only if (...) either those properties are not objective or something like theism is true. Thus, if my argument is sound, naturalists can reasonably accept moral realism only if they are prepared to accept something like theism. But, as will become clear, naturalists can reasonably accept theism or something like it only if belief in some such doctrine is justified by the methods of science. For present purposes, I’ll assume (what I think virtually every naturalist will grant) that belief in theism and relevantly similar doctrines is not justified by the methods of science. Thus, I will conclude that naturalists cannot reasonably accept moral realism. (shrink)

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach. This is a reply to Burke.

The Christian doctrine of the Trinity poses a serious philosophical problem. On the one hand, it seems to imply that there is exactly one divine being; on the other hand, it seems to imply that there are three. There is another well-known philosophical problem that presents us with a similar sort of tension: the problem of material constitution. We argue in this paper that a relatively neglected solution to the problem of material constitution can be developed into a novel solution (...) to the problem of the Trinity. (shrink)

In the first section, I characterize skeptical theism more fully. This is necessary in order to address some important misconceptions and mischaracterizations that appear in the essays by Maitzen, Wilks, and O’Connor. In the second section, I describe the most important objections they raise and group them into four “families” so as to facilitate an orderly series of responses. In the four sections that follow, I respond to the objections.

Since the 1960s, metaphysics has flourished in Anglo-American philosophy. Far from wanting to avoid metaphysics, philosophers have embraced it in droves. There have been critics, to be sure; but the criticisms have received answers and the enterprise has carried on.

The question raised by this volume is “How successful is naturalism?” The question presupposes that we already know what naturalism is and what counts as success. But, as anyone familiar with the literature on naturalism knows, both suppositions are suspect. To answer the question, then, we must first say what we mean in this context by both ‘naturalism’ and ‘success’. I’ll start with ‘success’. I will then argue that, by the standard of measurement that I shall identify here, naturalism is (...) an utter failure. (shrink)

We lay out the fatalist’s argument, making sure to clarify which dialectical moves are available to the libertarian. We then offer a more robust presentation of Ockhamism, responding to obvious objections and teasing out the implications of the view. At this point, we discuss presentism and eternalism in more detail. We then present our argument for the claim that the libertarian cannot take Ockham’s way out of the fatalism argument unless she rejects presentism. Finally, we consider and dispense with objections (...) to our argument. In the end, it ought to be clear that the libertarian must make a choice between Ockham’s way out and presentism. (shrink)

Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century. Here I consider three major approaches and find them all wanting. I propose rejecting their common (but rarely questioned) assumption that what matters is the helper’s mental state toward the perpetrator’s commission of an offense. I suggest considering (...) instead his stance toward the perpetrator’s intention to act: a helper is an accomplice, on this view, if he (a) intends to see to it that the principal form or keep his own plan to commit an offense and (b) does not intend or expect that plan’s frustration. This standard better justifies imposing accomplice liability. It more precisely picks out those helpers culpable for the perpetrator’s very offense. And this parity of guilt is the best—perhaps the only good—basis for imposing the same liability on accomplice and principal, in a system so retribution-driven as to choose to do so at all. (shrink)

The article sets the most eminent defender of the French Revolution, Immanuel Kant, against its most eminent critic, Edmund Burke, articulating their radically different stance toward the French Revolution. Specifically, this juxtaposition is attempted through the concept of enthusiasm; a psychological state of intense excitement, which can refer to both actors and spectators, to both the motivation of someone, acquiring thus a practical significance, or to their distanced contemplation, thereby acquiring the character of aesthetic appreciation. Using the concept of (...) enthusiasm, Ι aspire to bring out Kant’s and Burke’s radically different approaches to society as well as its history and prospects of progress, ultimately suggesting that enthusiasm can provide a vantage point for the dialogue between the enlightenment and counter-enlightenment theses. (shrink)

The paper will have three sections. In section one I briefly present and respond to Byrne’s argument against theological realism. In section two, I present van Fraassen’s argument against analytic metaphysics and I show how, if sound, it constitutes a reason to reject both metaphysical and theological realism. In section three, I show how van Fraassen can be answered. Obviously what I am doing here falls far short of a full-blown defense of realism in either metaphysics or theology. But the (...) objections raised by van Fraassen and Byrne are tokens of a type of objection that I think is rather widely endorsed among those who are suspicious of these two brands of realism. Thus, responding to those objections constitutes an important first step in the direction of a defense. (shrink)

In "Tre memoriali sulla questione francese" Edmund Burke prosegue la sua polemica con la Rivoluzione francese. I tre memoriali, datati rispettivamente 1791, 1792 e 1793 ma resi pubblici postumi nel 1797, rappresentano un’energica esortazione di Burke rivolta al governo inglese per contrastare l’immobilismo del primo ministro William Pitt il Giovane ed entrare così in guerra contro la Francia rivoluzionaria. Nel primo memoriale è contenuta la celebre espressione «It is a Revolution of doctrine and theoretick dogma». Due gli argomenti (...) principali degli scritti: la natura filosofica dell’esperienza rivoluzionaria e il nefasto ruolo geopolitico della Francia per il continente europeo. -/- Introduzione, traduzione e note a cura di Giacomo Maria Arrigo. (shrink)

In a recent book, Neil Levy argues that culpable action – action for which we are morally responsible – is necessarily produced by states of which we are consciously aware. However, criminal defendants are routinely held responsible for criminal harm caused by states of which they are not conscious in Levy’s sense. In this chapter I argue that cases of negligent criminal harm indicate that Levy’s claim that moral responsibility requires synchronic conscious awareness of the moral significance of an act (...) is too strict, and that tracing conditions cannot be successfully used to bolster Levy’s account. Instead, current legal practices indicate that criminal responsibility requires the capacity for diachronic agency and self-control, not synchronic conscious control. (shrink)

In "Evil and the Justice of God", N.T. Wright presses the point that attempting to solve the philosophical problem of evil is an immature response to the existence of evil--a response that belittles the real problem of evil, which is just the fact that evil is bad and needs to be dealt with. As you might expect, I am not inclined to endorse this sort of sweeping indictment of the entire field of research on the philosophical problem of evil. (I (...) sort of doubt that Wright really meant to either.) But I do think that there is a kernel of truth in what I take to be Wright's fundamental objection to attempts to solve the philosophical problem of evil. In the first section of what follows, I will try briefly to explain why. I will then go on to argue that, despite this fact, certain efforts at solving the problem of evil avoid Wright's objection. Indeed, drawing on recent work by Elenore Stump, I will argue that one perfectly legitimate way to try to solve the philosophical problem of evil is to follow precisely what seems to be the main piece of advice in "Evil and the Justice of God": namely, to look more seriously than we have at the attitudes taken toward evil by human authors of and characters in the Bible, and to attend more carefully to what the Bible says about how God deals with evil. (shrink)

Unified Modeling Language (UML) of Object Management Group, along with Object Constraint Language (OCL), are considered as the best fit for blockchain ontology. OCL is a declarative language that describes the rules applicable to UML models and is part of the UML standard. Initially, OCL was just an extension of the formal specification language for UML. Now, OCL can be used with any meta-model. Enterprise ontology is combined with the business ontology of Resources, Events, Agents (REA) to be used for (...) the content of the change. REA was originally proposed in 1982 by William E. McCarthy as generalized accounting model. DOI: 10.13140/RG.2.2.14744.14083. (shrink)

In May 2010, philosophers, family and friends gathered at the University of Notre Dame to celebrate the career and retirement of Alvin Plantinga, widely recognized as one of the world's leading figures in metaphysics, epistemology, and the philosophy of religion. Plantinga has earned particular respect within the community of Christian philosophers for the pivotal role that he played in the recent renewal and development of philosophy of religion and philosophical theology. Each of the essays in this volume engages with some (...) particular aspect of Plantinga's views on metaphysics, epistemology, or philosophy of religion. Contributors include Michael Bergman, Ernest Sosa, Trenton Merricks, Richard Otte, Peter VanInwagen, Thomas P. Flint, Eleonore Stump, Dean Zimmerman and Nicholas Wolterstorff. The volume also includes responses to each essay by Bas van Fraassen, Stephen Wykstra, David VanderLaan, Robin Collins, Raymond VanArragon, E. J. Coffman, Thomas Crisp, and Donald Smith. (shrink)

Mobile phones are reportedly the most rapidly expanding e-reading device worldwide. However, the embodied, cognitive and affective implications of smartphone-supported fiction reading for leisure (m-reading) have yet to be investigated empirically. Revisiting the theoretical work of digitization scholar Anne Mangen, we argue that the digital reading experience is not only contingent on patterns of embodied reader–device interaction (Mangen, 2008 and later) but also embedded in the immediate environment and broader situational context. We call this the situation constraint. Its application to (...) Mangen’s general framework enables us to identify four novel research areas, wherein m-reading should be investigated with regard to its unique affordances. The areas are reader–device affectivity, situated embodiment, attention training and long-term immersion. (shrink)

One of the main tasks for an account of the Christian doctrine of the atonement is to explain how and in what ways the salvifically relevant work of Christ heals the damage wrought by human sin on our souls, our relationships with one another, and our relationship with God. One kind of damage often neglected in philosophical treatments of the atonement, but discussed at some length in Eleonore Stump’s forthcoming At-one-ment, is what she, following St. Thomas Aquinas, calls the stain (...) on the soul. The stain on the soul comprises the “moral leftovers” of serious evil, damage to the soul that goes beyond the guilt, shame, and separation from God brought about by sin and that lingers in a person even after she has repented and been forgiven. In this paper, I critically examine Stump’s account of how the work of Christ deals with the problem of the stain on the soul. I offer reasons for thinking that if the stain is exactly as she describes it, then it is indelible; and then I explore possible ways forward for her account of the atonement. (shrink)

In World Without Design: The Ontological Consequences of Naturalism, I argued that there is an important sense in which naturalism’s current status as methodological orthodoxy is without rational foundation, and I argued that naturalists must give up two views that many of them are inclined to hold dear—realism about material objects and materialism. In a review recently published in Faith and Philosophy, Dale Jacquette alleges that my arguments in World Without Design are directed mainly against strawmen and that I have (...) neglected to discuss at least one formulation of naturalism that straightforwardly addresses my main objections. In this reply, I show that these and other objections raised by Jacquette are unsound and, in fact, rest on egregious misrepresentations of the book. (shrink)

In an important discussion of the problem of hiddenness, Michael Rea briefly presents and defends an argument from divine hiddenness which he thinks encapsulates the problem of divine hiddenness, and then develops a detailed and nuanced response to this argument. Importantly, Rea claims that his response does not depend on the commonly held theistic view that God allows hiddenness to secure human goods. In this paper I offer a detailed criticism of Rea’s account of what justifies God in allowing divine (...) hiddenness, arguing that Rea’s response to the argument from divine hiddenness is unsuccessful. (shrink)

This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...) a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by s. 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded on their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable” given what the accused knew, the legal definition of consent in section 273.1 is easily over-looked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. -/- That is precisely what we see here; the result is often failure to enforce the law. The author proposes: -/- (a) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and -/- (b) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent. (shrink)

This article offers a novel, conservative account of material constitution, one that incorporates sortal essentialism and features a theory of dominant sortals. It avoids coinciding objects, temporal parts, relativizations of identity, mereological essentialism, anti-essentialism, denials of the reality of the objects of our ordinary ontology, and other departures from the metaphysic implicit in ordinary ways of thinking. Defenses of the account against important objections are found in Burke 1997, 2003, and 2004, as well as in the often neglected six (...) paragraphs that conclude section V of this article. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (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)

This is the introduction to the inaugural issue of The Journal of Philosophy of Disability.

It is hard to see why the head and other brain-containing parts of a person are not themselves persons, or at least thinking, conscious beings. Some theorists have sought to reconcile us to the existence of thinking person-parts. Others have sought to avoid them but have relied on radical theories at odds with the metaphysic implicit in ordinary ways of thinking. This paper offers a novel, conservative solution, one on which the heads and other brain-containing parts of persons do exist (...) but are neither persons, thinkers, nor conscious beings. A much briefer statement of the solution is found in section 5 of Burke 2004. (shrink)

On the most popular account of material constitution, it is common for a material object to coincide precisely with one or more other material objects, ones that are composed of just the same matter but differ from it in sort. I argue that there is nothing that could ground the alleged difference in sort and that the account must be rejected.

The paper explores Burke’s twofold solution to the paradox of negative emotions. His Philosophical Enquiry (1757/59) employs two models that stand on different anthropological principles: the Exercise Argument borrowed from authors like the Abbé Du Bos, guided by the principle of self-preservation, and the Sympathy Argument, propageted by notable men of lettres such as Lord Kames, ruled by the principle of sociability. Burke interlocks these two arguments through a teleologically-ordered physiology, in which the natural laws of the human (...) body and mind, secretly working in the depth of the nerve fibres, ensure both self-preservation and sociability. Utilizing both efficient and final causes throughout his Enquiry, Burke argues that the experiences of pain and terror – under certain conditions – are made agreeable (delight) by providence,so that the physiological mechanisms underlying these experiences could ensure the health and strenuousness of the nerve fibres amidst the corrupting pleasures of commercial society (Exercise Argument). Furthermore, due to the ambiguous character of this delight annexed to such experiences, they also function as exercises for our social passions (Sympathy Argument). Te 'egoistic' anthropological drive to remove the visceral uneasiness that dominates these experiences facilitates moral action when it is needed the most: when others in pain need our help. In accordance with the anthropocentric providentialism of the moderate Enlightenment, it is the design of the human frame that ensures the activities essential to our health (self-preservation) and moral conduct (sociability), a design that not only guarantees that pleasure, if exclusive and excessive, is 'inconvenient', and pain, if mitigated and harmless, is aesthetically agreeable, but also that our 'egoistic' drive to self-preservation ultimately improves sociability. (shrink)