The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

This book examines the central role that language plays in understanding and human flourishing. The book begins by exploring Heidegger's idea that language is an essential element of how we dwell in the world and is, for the most part, ready-to-hand for us. With Gadamer, I then begin to explore phenomena where language is not ready-to-hand but calls for interpretation. The latter half of the book explores distinct ways in which language can become unready-to-hand for individuals (e.g., in cases of (...) trauma, depression, and social subordination) and examines the way that such situations have been analyzed by twentieth-century Continental thinkers (e.g., Blanchot, Kristeva, Derrida). (shrink)

This chapter presents Gadamer’s conception of language and of its role in the process of understanding. The chapter begins by explaining what Gadamer means when he says that language is characterized by an essential “self-forgetfulness” [Selbstvergessenheit] and how this relates to his account of the fore-structure of the understanding. Next, it explains what it means to conceive of a linguistic presentation (e.g., a poem or a lecture) as a hermeneutic event and how this conceptualization is essential to Gadamer’s account of (...) understanding and of the dialectical unity between language and being. The chapter ends by considering how Gadamer’s analysis of conversation further clarifies what it means to be open to the event of language. (shrink)

An important topic in the ethics of technology is the extent to which recent digital technologies undermine user autonomy. Supporting evidence includes the fact that recent digital technologies are known to have an impact on attention, which balances "bottom-up" and "top-down" influences on cognition. As described in numerous papers, these technologies manipulate bottom-up influences through cognitive fluency, intermittent variable rewards, and other techniques, making them more attractive to the user. We further reason that recent digital technologies reduce the user’s ability (...) to exert top-down attention due to the scale of the content—they provide far more content at a much faster pace than other technologies, which over time reweights the balance of attention in favor of bottom-up influences. After reviewing evidence for these effects, including their temporal duration, we consider their downstream effects on both autonomy and creativity. We find that while the impact of recent digital technologies on top-down attention may allow for more idea generation, that creativity also depends on control, which is undermined by these technologies. We are more circumspect with autonomy, reasoning that in certain cases it might not make sense to see user autonomy as harmed through these effects. We conclude with other ways that recent digital technologies may improve creativity, which may act as an offset to the detrimental impacts of these technologies. (shrink)

There are two attitudes regarding the historical situation of understanding commonly held today. On the one hand, we believe that we only achieve a real, worthwhile understanding of a topic when our thinking manages to break free from the dogmas of the past. We believe that this transcendence of the historical situation of thought is both possible and desirable. We applaud those whose thought appears to us to proceed unhinged by traditional dogmas, whether those dogmas be old habits of scientific (...) thought or traditional ideas about social life. We celebrate as epistemic heroes those who discover their own way of thinking. On the other hand, many are quick to accept as a general rule that one’s understanding is inevitably bound to one’s particular historical and cultural situation. Nobody understands things in a historical vacuum. Accordingly, we believe that there is no transcending the historicity of the understanding and thus no epistemic heroes to applaud. This chapter examines Gadamer's argument in “The Elevation of the Historicity of Understanding" (a central section in "Truth and Method") as a critique of both of these alternatives -- alternatives that can be traced back to the historical epochs of the Enlightenment and Romanticism. I argue that, for Gadamer, both of these historical models of understanding misconstrue the way that understanding is grounded in historical consciousness. (shrink)

This chapter presents a conception of understanding where understanding emerges out of the joint experience of conversation. On this conception, understanding requires more than the pre-reflective acquisition of shared social meanings – a conception of understanding historically highlighted by existential phenomenologists. Beyond this, it requires what occurs in genuine conversation, namely, that one put one’s pre-reflective social meanings at risk in the process of critical self-reflection. Drawing from the hermeneutic phenomenology of Hans-Georg Gadamer, I argue that conversation is that joint (...) experience that gives rise to such critical self-reflection and that it is conversation’s play-structure in particular that makes it a source of understanding in this sense. (shrink)

Wayne Wu argues that attention is necessary for action: since action requires a solution to the ‘Many–Many Problem’, and since only attention can solve the Many–Many Problem, attention is necessary for action. We question the first of these two steps and argue that it is based on an oversimplified distinction between actions and reflexes. We argue for a more complex typology of behaviours where one important category is action that does not require a solution to the Many–Many Problem, and so (...) does not require attention. (shrink)

Attention has a long history in philosophy, despite its near absence in the twentieth century. This chapter provides an overview of philosophical research on attention. It begins by explaining the concept of "selection from limitation," contrasting it with the more recent "selection for action." It reviews historical texts that discuss attention, focusing on those in the Western canon whose understanding of "attention" aligns with contemporary usage. It then describes the differential treatment of attention in phenomenology and behaviorism in the last (...) century. Finally, it discusses contemporary research by topic: attention, perception, and knowledge; attention and consciousness; attention and action; and attention and the self. It includes work by Allport,Aristotle, Astell, Augustine, Bergson, Berkeley, Block, Bradley, Buddhaghosa, Campbell, Cherry, De Brigard, Dehaene and Naccache, Descartes, Dickie, Du Bois, Ganeri, Hegel, Heidegger, James, Kant, Koch and Tsuchiya, LaBerge, Locke, Mack and Rock, Malebranche, Merleau-Ponty, Mole, Montemayor and Haladjian, Neumann, Pashler, Posner, Prinz, Reid, Rensink, Reynolds and Heeger, Treisman, Watzl, Wittgenstein, Wollstonecraft, and Wu. (shrink)

This article examines the meaningful intervention that Gert-Jan Van der Heiden’s recent book, The Voice of Misery: A Continental Philosophy of Testimony, makes in the developing field of the philosophy of testimony. I argue that this intervention is accomplished through a phenomenological investigation into the nature of the testimonial object and of the demand that it makes upon one who bears witness. In taking such an approach, I argue, Van der Heiden initiates an ontological turn in the field of testimonial (...) theory, shifting the conversation away from a debate about the conditions in which belief in testimony is justified – a debate that has in many ways defined the field for philosophers in the Anglo-American tradition. I suggest that Van der Heiden’s account is helpful in demonstrating that, in many cases, doing justice to a testimonial object requires an epistemic-ethical attitude other than belief. The article concludes by developing a few questions for Van der Heiden based on my interpretation of his project, including to what extent his phenomenology of testimony can account for how often our receptivity to testimony depends on the default trust that we have in others by virtue of our fundamental immersion in social life. (shrink)

Volume 11, Issue 1, March 2019, Page 7-18.

Doctoral graduates in philosophy are an excellent source of information about the discipline: they are at the cutting edge of research trends, have an inside view of researchfocused departments, and their employment prospects provide early insights on the future health of the discipline. We report on the results of a survey sent to recent PhD graduates and current students, as well as data gathering efforts by Academic Placement Data and Analysis that have taken place over the past ten years. In (...) this report we especially focus on demographic representation, program ratings, academic job placement, and non-academic careers. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

In 2018 Academic Placement Data and Analysis ran a survey of doctoral students and recent graduates on the topics of diversity and inclusivity in collaboration with the Graduate Student Council and Data Task Force of the American Philosophical Association. We submitted a preliminary report in Fall 2018 that describes the origins and procedure of the survey [1]. This is our final report on the survey. We first discuss the demographic profile of our survey participants and compare it to the United (...) States general population, its doctoral students, and APA membership, finding several areas of underrepresentation (i.e. gender, race/ethnicity, socioeconomic, and veteran status). We then discuss the results of questions regarding diversity and inclusivity. We find, for instance, that participant comfort in philosophy depends on gender, sexuality, race/ethnicity, disability, and language status and that participants most often mentioned the theme of diversity when asked how philosophy could be more inclusive. Finally, we discuss the results of questions related to graduate program and placement. We find, for example, that underrepresented graduates are both less likely to recommend their graduate program to others and less likely to prefer an academic job. We close by making some recommendations for the APA and for the discipline based on our findings. (shrink)

This paper addresses the likely impact on women of being denied emergency contraception (EC) by pharmacists who conscientiously refuse to provide it. A common view—defended by Elizabeth Fenton and Loren Lomasky, among others—is that these refusals inconvenience rather than harm women so long as the women can easily get EC somewhere else nearby. I argue from a feminist perspective that the refusals harm women even when they can easily get EC somewhere else nearby.

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

In Explaining Attitudes, Baker argues that we should treat our everyday practices as relevant to metaphysical debates, resulting in a stance of realism with respect to intentional explanations. In this chapter I will argue that if one is going to be a practical realist about anything, it should be the self, or subject of attention. I will use research on attention combined with the stance of practical realism to argue in favor of a substantive self. That is, I will present (...) an account of the self that directs and controls attention, in line with our everyday view of the self. I will contrast this account with what I call the “illusion view,” which presents the self and its apparent causal power in the case of attention as an illusion. My account of the self will make use of several of Baker's ideas, including non-reductive materialism and broad supervenience. (shrink)

Language is often conceived of today as providing a person with a worldview and a set of communicative norms that one accepts unambiguously. However, in his 1992 lecture, “Monolingualism of the Other,” Jacques Derrida insists that his mother tongue is for him “not a natural element, not the transparency of the ether, but an absolute habitat.” In other words, while French is an intimate part of his existence, his relationship to it is nevertheless ambiguous. Derrida claims that his situation is (...) not exceptional though, since for no person is language simply a “natural element.” In this essay, I examine first the phenomenological basis for this controversial claim, drawing from Derrida’s lecture as well as earlier explorations by Martin Heidegger to elucidate the point. Later I turn to address the ethical-political dimensions of Derrida’s claim, explaining how it serves to protest against a problematic process of consolidating power. (shrink)

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

In 1929 when Aurel Kolnai published his essay “On Disgust” in Husserl's ]ahrbuch he could truly assert that disgust was a "sorely neglected" topic. Now, however, this situation is changing as philosophers, psychologists, and historians of culture are turning their attention not only to emotions in general but more specifically to the large and disturbing set of aversive emotions, including disgust. We here provide an account of Kolnai’s contribution to the study of the phenomenon of disgust, of his general theory (...) of emotions and of the phenomenological methodology he employed in his work. (shrink)

Some of the oldest and deepest questions in philosophy fall under the umbrella of consciousness and mind: What is the mind and how is it related to the body? What provides our thoughts with content? How is consciousness related to the natural world? Do we have distinctive causal powers? Analytic philosophers have made significant progress on these and related problems in the last century. Given the high volume of work on such topics, this chapter is necessarily selective. It offers major (...) touchstones but is slanted in favor of work that touches base with the sciences. The chapter starts by describing the progression of thought on the mind-body problem, from dualism and behaviorism to non-reductive materialism. It then describes the problem of intentionality, with a focus on partial solutions from Dretske and Millikan, ending with a brief discussion of 4E theories of mental content. The section on the problem of consciousness starts with the well-known knowledge and modal arguments before describing some attempted initial solutions, such as eliminative materialism and panpsychism. Finally, there is a brief section on agency and free will, which focuses on the link between free will and consciousness. (shrink)

Currently, the preferred accommodation for conscientious objection to abortion in medicine is to allow the objector to refuse to accede to the patient’s request so long as the objector refers the patient to a physician who performs abortions. The referral part of this arrangement is controversial, however. Pro-life advocates claim that referrals make objectors complicit in the performance of acts that they, the objectors, find morally offensive. McLeod argues that the referral requirement is justifiable, although not in the way that (...) people usually assume. (shrink)

I argue that Sellars’s naturalization of Kant should be understood in terms of how he used behavioristic psychology and cybernetics. I first explore how Sellars used Edward Tolman’s cognitive-behavioristic psychology to naturalize Kant in the early essay “Language, Rules, and Behavior”. I then turn to Norbert Wiener’s understanding of feedback loops and circular causality. On this basis I argue that Sellars’s distinction between signifying and picturing, which he introduces in “Being and Being Known,” can be understood in terms of what (...) I call cybernetic behaviorism. I interpret picturing in terms of cycles of cybernetic behavior and signifying in terms of coordination between cybernetic behavior systems, or what I call triangulated cybernetic behavior. This leads to a formal, naturalistic understanding of personhood as the capacity to engage in triangulated cybernetic behavior. I conclude by showing that Sellars’s thought has the resources, which he did not exploit, for introducing the concept of second-order cybernetics. This suggests that Sellars’s philosophy of mind could be developed in the direction of autopoiesis and enactivism. (shrink)

Academic Placement Data and Analysis (APDA), a project funded by the American Philosophical Association (APA) and headed by Carolyn Dicey Jennings (UC Merced), aims “to make information on academic job placement useful to prospective graduate students in philosophy.” The project has just been updated to include new data, which Professor Jennings describes in a post at New APPS. She also announces a new interactive data tool with which one can sift through and sort information. (from Daily Nous).

In his The Meaning of Disgust, Colin McGinn employs elements of the phenomenological theory of disgust advanced by Aurel Kolnai in 1929. Kolnai’s treatment of what he calls “material” disgust and of its primary elicitors—putrefying organic matter, bodily wastes and secretions, sticky contaminants, vermin—anticipates more recent scientific treatments of this emotion as a mode of protective recoil. While Nina Strohminger charges McGinn with neglecting such scientific studies, we here attempt to show how Kolnai goes beyond experimental findings in his careful (...) description of the phenomenological differences between disgust and other emotions of forceful disapproval. (shrink)

Some bioethicists argue that conscientious objectors in health care should have to justify themselves, just as objectors in the military do. They should have to provide reasons that explain why they should be exempt from offering the services that they find offensive. There are two versions of this view in the literature, each giving different standards of justification. We show these views are each either too permissive (i.e. would result in problematic exemptions based on conscience) or too restrictive (i.e. would (...) produce problematic denials of exemption). We then develop a middle ground position that we believe better combines respect for the conscience of healthcare professionals with concern for the duties that they owe to patients. Our claim, in short, is that insofar as objectors should have to justify themselves, they should have to do it according to the standard that we defend rather than according to the standards that others have developed. (shrink)

I argue that Sellars’s distinction between signifying and picturing should be taken seriously by philosophers of mind, language, and cognition. I begin with interpretations of key Sellarsian texts in order to show that picturing is best understood as a theory of non-linguistic cognitive representations through which animals navigate their environments. This is distinct from the kind of discursive cognition that Sellars called ‘signifying’ and which is best understood in terms of socio-linguistic inferences. I argue that picturing is required because reflection (...) on signifying cannot adequately explain our need for cognitive friction. I then show how the idea of picturing is further developed by Paul Churchland, Ruth Garrett Millikan, and Huw Price. I finally turn to predictive processing as a theory of cognitive representation, and in particular Andy Clark’s ‘radical predictive processing’, to further characterize picturing. However, doing so has the cost of pushing picturing and signifying further apart than Sellars intended. (shrink)

This chapter explores the unifying themes of “the Pittsburgh School” of Sellars, Brandom, and McDowell: a social pragmatist account of intentionality, the rejection of the Myth of the Given, and the partial rehabilitation of Hegel for analytic philosophy. In addition this chapter also discusses three points of disagreement within the Pittsburgh School: whether or not we should posit sense-impressions, whether perceptual intentionality is world-relational, and whether the natural sciences have epistemic authority over other ways of thinking about nature. The chapter (...) concludes with a metaphilosophical concern about the status of a return to Hegel within analytic philosophy. Analytic philosophy follows an anti-Hegelian neo-Kantian institution of a divide between philosophy and the social and natural sciences. Hegel would reject such a divide, since he conceives of philosophy as investigating “shapes of a world” and not just “shapes of consciousness”. In these terms the Pittsburgh School marks a return to Hegel trimmed to suit the needs of analytic philosophy rather than questioning those needs. (shrink)

Picturing is a poorly understood element of Sellars’s philosophical project. We diagnose the problem with picturing as follows: on the one hand, it seems that it must be connected with action in order for it to do its job. On the other hand, the representational states of a picturing system are characterized in descriptive and seemingly static terms. How can static terms be connected with action? To solve this problem, we adopt a concept from recent work in Sellarsian metaethics: the (...) idea of a material practical inference, which (we argue) features centrally in how we picture. The key distinction is that the picturing of nonhuman animals involves only Humean material practical inference, in which representational states are corrected only by feedback from the environment and not from discursive interactions. The resulting view shows that Sellars’s contributions to practical philosophy (especially theory of action and metaethics) cannot be separated from his contributions to philosophy of mind, language, and cognitive science. Further, the view makes it clear that picturing is neither a version of the Given, nor is it a fifth wheel to inferential role in explaining representation, but is essential to Sellars’s model of how animals—including humans—represent their environment. (shrink)

Abstract McDowell's contributions to epistemology and philosophy of mind turn centrally on his defense of the Aristotelian concept of a ?rational animal?. I argue here that a clarification of how McDowell uses this concept can make more explicit his distance from Davidson regarding the nature of the minds of non-rational animals. Close examination of his responses to Davidson and to Dennett shows that McDowell is implicitly committed to avoiding the following ?false trichotomy?: that animals are not bearers of semantic content (...) at all, that they are bearers of content in the same sense we are, and that they are bearer of "as if" content. Avoiding the false trichotomy requires that we understand non-rational animals as having concepts but not as making judgments. Furthermore, we need to supplement McDowell's distinction between the logical spaces of reasons and of the realm of law with what Finkelstein calls ?the logical space of animate life?. Though McDowell has taken some recent steps to embrace a view like this, I urge a more demanding conception than what McDowell has thus far suggested. (shrink)

Audience segmentation is necessary in health communications to ensure equitable resource distribution. Peer crowds, which are macro-level teen subcultures, are effective psychographic segments for health communications because each crowd has unique mindsets, values, norms, and health behavior profiles. These mindsets affect behaviors, and can be used to develop targeted health communication campaigns to reach those in greatest need. Though peer crowd research is plentiful, no existing peer crowd measurement tool has been formally validated. As such, we developed and validated Virginia's (...) Mindset Lens Survey (V-MLS), a mindset-based teen peer crowd segmentation survey to support health communication efforts. Using an online convenience sample of teens (N = 1,113), we assessed convergent and discriminant validity by comparing the V-MLS against an existing, widely-used peer crowd survey (I-Base Survey®) utilizing a multi-trait multi-method matrix. (shrink)

This is the co-authored--with Carolyn Korsmeyer--Introduction to the first published feminist scholarship in The Journal of Aesthetics and Art Criticism (Volume 48, Number 4, Fall 1990). Contributors included Hilde Hein, Paul Mattick, Jr., Timothy Gould, Joanne B. Waugh, Joseph Margolis, Mary Devereaux, Noel Carroll, Flo Leibowitz, Anita Silvers, Elizabeth Ann Dobie, Renee Cox, and Ellen Handler Spitz. All essays were subsequently published in an expanded book version entitled, Feminism and Tradition in Aesthetics by Penn State Press (1995).

Here I show that Sellars’ radicalization of the Kantian distinction between concepts and intuitions is vulnerable to a challenge grounded in Merleau-Ponty’s phenomenology of embodiment. Sellars argues that Kant’s concept of ‘intuition’ is ambiguous between singular demonstrative phrases and sense-impressions. In light of the critique of the Myth of the Given, Sellars argues, in the ‘Myth of Jones’, that sense-impression are theoretical posits. I argue that Merleau-Ponty offers a way of understanding perceptual activity which successfully avoids both the Myth of (...) the Given and the Myth of Jones. I also argue that Merleau-Ponty’s approach provides an alternative to McDowell’s critique of Sellars. Merleau-Ponty shows, first, that perceptual activity can be characterized as having a unity and structure of its own which is importantly different from that of concepts; secondly, that the unity and structure of perception can be revealed phenomenologically rather than as a theoretical posit. (shrink)

The rise of mechanistic science in the seventeenth century helped give rise to a heated debate about whether teleology—the appearance of purposive activity in life and in mind—could be naturalized. At issue here were both what is meant by “teleology” as well as what is meant “nature”. I shall examine a specific episode in the history of this debate in the twentieth century with the rise of cybernetics: the science of seemingly “self-controlled” systems. Against cybernetics, Hans Jonas argued that cybernetics (...) failed as a naturalistic theory of teleology and that the reality of teleology is grounded in phenomenology, not in scientific explanations. I shall argue that Jonas was correct to criticize cybernetics but that contemporary work in biological organization succeeds where cybernetics failed. I will then turn to contemporary uses of Jonas’s phenomenology in enactivism and argue that Jonas’s phenomenology should be avoided by enactivism as a scientific research program, but that it remains open whether enactivism as a philosophy of nature should also avoid Jonas. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

It is generally recognized that Adorno and Levinas should both be read as urging a rethinking of ethics in light of Auschwitz. This demand should be understood in terms of the acknowledgement of transcendence. A phenomenological account of the event of Auschwitz developed by Todes motivates my use of Cavell’s distinction between acknowledgement and knowledge. Both Levinas and Adorno argue that an ethically adequate acknowledgement of transcendence requires that the traditional concept of transcendence as represented in theodicy must be rejected. (...) This rejection takes the form of a rejection of theodicy (Levinas) and a negative theodicy (Adorno). I argue that Adorno’s response is superior because it is a response to the specificity and particularity of the event of Auschwitz as the destruction of, rather than merely the denial of, the humanity of both perpetrators and victims. (shrink)

How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our problems, (...) when there are so many theories of law, each giving practice a different role? Why look to an official story, when on-the-ground practice may be confused or divided—or may even make the story ring false? And why take originalism as the official story, when so many scholars and judges seem to reject it? This Essay offers a response to each. To the extent that legal systems are features of particular societies, a useful theory will have to pay attention to actual social practice, including the aspects of legal practice we describe. This positive focus really can resolve a great many contentious legal disputes, as shared legal premises lead to conclusions that might surprise us or that ultimately establish one side in a dispute as correct. The most serious challenge to our view is the empirical one: whether originalism is or isn’t the official story of our law. Stripped of their jurisprudential confusion, though, the best competing accounts of our law seem to have far less supporting evidence than our own account. Focusing on social practice as it stands today turns out to direct our attention to the Founders and to the changes over time that their law has recognized. (shrink)

I examine John McDowell's attitude towards naturalism in general, and evolutionary theory in particular, by distinguishing between "transcendental descriptions" and "empirical explanations". With this distinction in view we can understand why McDowell holds that there is both continuity and discontinuity between humans qua rational animals and other animals -- there is continuity with regards to empirical explanations and discontinuity with regards to transcendental descriptions. The result of this examination is a clearer assessment of the strengths and weaknesses of McDowell's contribution (...) to philosophical naturalism. (shrink)

I examine why Carnap ended his "The Overcoming of Metaphysics" with admiration for Nietzsche, and contextualize his admiration for Nietzsche within their shared commitment to 'modernism.' I show that Carnap's modernism helps explain his enthusiasm for symbolic logic and his attitude towards metaphysics. However, I also argue that Nietzsche's critique of metaphysics may also apply to Carnap's own distinction between what is essential to language and how language appears.

Recent accounts of teleological naturalism hold that organisms are intrinsically goaldirected entities. We argue that supporters and critics of this view have ignored the ways in which it is used to address quite different problems. One problem is about biology and concerns whether an organism-centered account of teleological ascriptions would improve our descriptions and explanations of biological phenomena. This is different from the philosophical problem of how naturalized teleology would affect our conception of nature, and of ourselves as natural beings. (...) The neglect of this metatheoretic distinction has made it difficult to understand the criteria we should use for evaluating proposals to naturalize teleology. We argue that a clearer distinction between scientific and philosophical contexts shows that we need more than one set of criteria for evaluating proposals to naturalize teleology, and that taking these into account might advance or dissolve recurring debates in the literature. (shrink)

This is a good time for such a substantial book on Buddhaghosa. His ideas may be more difficult to digest than those of contemporary authors, but Ganeri convincingly argues for their relevance. Together with Ganeri’s considerable interpretive and philosophical work, Buddhaghosa’s view helps to fill out a perspective that is popular in cognitive science, in which the self is replaced by systems. In this case, the self is replaced by systems of attention, a view that Ganeri calls ‘Attentionalism.’ In this (...) review I will focus on two aspects of the account that I find especially puzzling, with the hope that this leads to further elucidation, whether by Ganeri or others. Specifically, I will focus on the concepts of ekaggatā, or “placing,” and anatta, or “no-self,” as interpreted by Ganeri. (shrink)

A legal system’s ‘official story’ is its shared account of the law’s structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code while claiming fidelity to older doctrines, then which set of rules—if either—is the law? We defend the legal relevance of the official story, on largely Hartian grounds. (...) Hart saw legal rules as determined by social rules accepted by a particular community. We argue that this acceptance requires no genuine normative commitment; agreement or compliance with the rules might even be feigned. And this community need not be limited to an official class, but includes all who jointly accept the rules. Having rejected these artificial limits, one can take the official story at its word. (shrink)

Rorty regards himself as furthering the project of the Enlightenment by separating Enlightenment liberalism from Enlightenment rationalism. To do so, he rejects the very need for explicit metaphysical theorizing. Yet his commitments to naturalism, nominalism, and the irreducibility of the normative come from the metaphysics of Wilfrid Sellars. Rorty's debt to Sellars is concealed by his use of Davidsonian arguments against the scheme/content distinction and the nonsemantic concept of truth. The Davidsonian arguments are used for Deweyan ends: to advance secularization (...) and anti-authoritarianism. However, Rorty's conflation of theology and metaphysics conceals the possibility of post-theological metaphysics. The key distinction lies between “metaphysics” and “Metaphysics.” The former provisionally models the relations between different vocabularies; the latter continues theology by other means. Sellars shows how to do metaphysics without Metaphysics. This approach complements Rorty's prioritization of cultural politics over ontology and his vision of Enlightenment liberalism without Enlightenment rationalism. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

A model policy for conscientious objection in medicine.

I use the distinction between sentience and sapience to reconstruct the debate between Hubert Dreyfus and John McDowell. I argue that Dreyfus's critique of McDowell's conceptualism relies on conflating detached contemplation with conceptual activity as such. I then argue that McDowell's conceptualism can be enriched and brought into deeper conversation with pragmatism and phenomenology if we take reasons to be a special kind of affordance. Contra Dreyfus, reasons need not disrupt affordances but do so only in specific contexts. I conclude (...) with a suggestion about how to understand the emergence of rational animality within the hominid lineage. (shrink)

I distinguish between two phases of Rorty’s naturalism: “nonreductive physicalism” (NRP) and “pragmatic naturalism” (PN). NRP holds that the vocabulary of mental states is irreducible to that of physical states, but this irreducibility does not distinguish the mental from other irreducible vocabularies. PN differs by explicitly accepting a naturalistic argument for the transcendental status of the vocabulary of agency. Though I present some reasons for preferring PN over NRP, PN depends on whether ‘normativity’ can be ‘naturalized’.

Singh's cultural evolutionary theory posits that methods of inducing shamanic altered states of consciousness differ, resulting in profoundly different cognitive states. We argue that, despite different methods of induction, altered states of consciousness share neurophysiological features and cause shared cognitive and behavioral effects. This common foundation enables further cross-cultural comparison of shamanic activities that is currently left out of Singh's theory.

I argue that Sellars's philosophy of perception can be reconciled with recent work in enactive cognitive science. Sellars's critical realism holds that we perceive physical objects with perceptible properties as causally mediated by how these objects affect our sensory receptors. I argue that this theory, while basically right, downplays the role of embodiment in perception: perception essentially involves sensorimotor abilities. I argue that embodied critical realism can resolve the debate between Coates and Noe.

I argue that phenomenology should take seriously what Wilfrid Sellars calls “the Myth of the Given”. Phenomenologists have either ignored this idea or misunder-stood it. I argue that the Myth of the Given, if understood correctly, could be an objection to phenomenological method. Specifically I argue that Husserl’s static phenomenology is vulnerable to a Sellarsian criticism. However, I also show that Merleau-Ponty is not vulnerable to a Sellarsian criticism because of how he navigates the relationship between phenomenology and science. This (...) shows that the question as to whether phenomenology is vulnerable to the Sellarsian criticism is more complicated than has been assumed by phenomenologists or their critics. (shrink)