When someone says she believes that God exists, is she expressing the same kind of mental state as when she says she thinks that a lake bigger than Lake Michigan exists⎯i.e., does she refer to the same kind of cognitive attitude in both cases? Using evidence from linguistic corpora (Study 1) and behavioral experiments (Studies 2-4), the current work provides evidence that individuals typically use the word “believe” more in conjunction with statements about religious credences and “think” more in conjunction (...) with factual statements, pointing to two different understandings of claims made with these two terms. These patterns do not appear to reflect low-level differences based on the amount of consensus surrounding a particular claim, the extent to which the truth of a particular claim is known to the participant, or linguistic differences between religious and factual statements. We discuss implications of these findings for religious cognition (e.g., as supporting the theory that religious credences are qualitatively distinct from factual beliefs) as well as cognitive processes more broadly. Finally, we relate the present findings to prior theoretical work on differences between factual belief and religious credence. (shrink)

Emotion processing is known to be impaired in psychopathy, but less is known about the cognitive mechanisms that drive this. Our study examined experiencing and suppression of emotion processing in psychopathy. Participants, violent offenders with varying levels of psychopathy, viewed positive and negative images under conditions of passive viewing, experiencing and suppressing. Higher scoring psychopathics were more cardiovascularly responsive when processing negative information than positive, possibly reflecting an anomalously rewarding aspect of processing normally unpleasant material. When required to experience emotional (...) response, by ‘getting into the feeling’ of the emotion conveyed by a negative image, higher factor 1 psychopathic individuals showed reduced responsiveness, suggesting that they were less able to do this. These data, together with the absence of corresponding differences in subjective self-report might be used to inform clinical strategies for normalising emotion processing in psychopathic offenders to improve treatment outcome, and reduce risk amongst this client group. (shrink)

Tolerance is part of the self-definition of democratic societies, one of the major foundations underlying secular democracy’s sometimes unstated and always ambivalent claim to represent a higher form of civilisation. The transformation of tolerance from a type of indulgence to a type of virtue is explained in part by what it does. It helps to preserve peace in societies with a high level of ethnic and religious diversity, and it has also played an important part in eliminating the injustices that (...) religious and racial minorities suffered when Western societies were more homogenous. Historically, intolerance has extended in extreme cases to persecution, segregation, violence and mass-murder. In more “normal” situations it has usually meant denial of civil and political rights and unequal treatment at law. A fair and decent society is obliged to address this injustice, not least by state and judicial action against groups which refuse to respect the freedom and rights of other people. Problems arise, however, when even groups which respect the freedom and rights of others, such as the Christian churches, are accused of discrimination and treated as intolerant for observing legitimate distinctions; for properly exercising a preference; and for defending the rights of others. In these cases the concept of intolerance, understood as a refusal to respect the rights of others, has been extended to encompass something which is not a form of intolerance at all; namely, the right we all have to refuse to validate choices with which we disagree. (shrink)

From his initial writings on imagination and memory, to his recent studies of the glance and the edge, the work of American philosopher Edward S. Casey continues to shape 20th-century philosophy. In this first study dedicated to his rich body of work, distinguished scholars from philosophy, urban studies and architecture as well as artists engage with Casey's research and ideas to explore the key themes and variations of his contribution to the humanities. -/- Structured into three major parts, (...) the volume reflects the central concerns of Casey's writings: an evolving phenomenology of imagination, memory, and place; representation and landscape painting and art; and edges, glances, and voice. Each part begins with an extended interview that defines and explains the topics, concepts, and stakes of each of area of research. Readers are thus offered an introduction to Casey’s fascinating body of work, and will gain a new insight into particular aspects and applications of Casey's research. -/- With a complete bibliography and an introduction that at once stresses each of Casey’s areas of research while putting into perspective their overarching themes, this authoritative volume identifies the overall coherence and interconnections of Edward S. Casey's work and his impact in contemporary thought. (shrink)

Tu quoque arguments regard inconsistencies in some speaker‘s performance. Most tu quoque arguments depend on actual inconsistencies. However, there are forms of tu quoque arguments that key, instead, on the conflicts a speaker would have, were some crucial contingent fact different. These, we call subjunctive tu quoque arguments. Finally, there are cases wherein the counterfactual inconsistencies of a speaker are relevant to the issue.

A longstanding philosophical tradition holds that the primary objects of hearing are sounds rather than sound sources. In this case, we hear sound sources by—or in virtue of—hearing their sounds. This paper argues that, on the contrary, we have good reason to believe that the primary objects of hearing are sound sources, and that the relationship between a sound and its source is much like the relationship between a color and its bearer. Just as we see objects in seeing their (...) colors, so we hear sound sources in hearing their sounds. (shrink)

Although the Libertarian Party has gained traction as the third biggest political party in the United States, the philosophical grounding of the party, which is exemplified by Robert Nozick’s entitlement theory is inherently flawed. Libertarianism’s emphasis on a free market leads to gross inequalities since it has no regard for sacred rights other than one’s right to freedom from interference from the government beyond what is essential for societal functioning. I argue that Nozick’s entitlement theory leads to indirect injustice and (...) is therefore an unfitting philosophical theory, which means that the Libertarian Party’s platform is flawed. (shrink)

Since philosophy is a notoriously difficult subject, one may think that the concept of adding rigor to a philosophy course is misguided. Isn’t reading difficult texts by Immanuel Kant or Friedrich Nietzsche enough to categorize a class as academically rigorous? This question is based on the misguided assumption that academic rigor has only to do with course content. While course content is a component of academic rigor, other aspects such as higher-order thinking, as well as how an instructor designs and (...) grades assignments, contribute to the level of academic rigor in a course. The author provides several ways to increase the level of academic rigor in a philosophy course based upon Bloom’s Taxonomy using examples from an introductory ethics course and then provides recommendations as to how to grade to promote academic rigor. (shrink)

The Intergovernmental Panel on Climate Change has developed a novel framework for assessing and communicating uncertainty in the findings published in their periodic assessment reports. But how should these uncertainty assessments inform decisions? We take a formal decision-making perspective to investigate how scientific input formulated in the IPCC’s novel framework might inform decisions in a principled way through a normative decision model.

Among philosophical analyses of Darwin’s Origin, a standard view says the theory presented there had no concrete observational consequences against which it might be checked. I challenge this idea with a new analysis of Darwin’s principal geographical distribution observations and how they connect to his common ancestry hypothesis.

I offer an account of the experience of acting that demonstrates how agentive aspects of experience associated with the execution of intentions are richly integrated with perceptual aspects associated with parts of action taking place in the publicly observable world. On the view I elucidate, the experience of acting is often both an engagement with the world and a type of intimate acquaintance with it. In conscious action the agent consciously intervenes in the world and consciously experiences the world she (...) is changing. In section one, I discuss extant accounts of the experience of acting, noting deficiencies. In sections two and three, I develop my own account, drawing on Casey O’Callaghan’s work on multi-modal perception. In the conclusion, I discuss ramifications for psychology and philosophy. (shrink)

Climate change adaptation is largely a local matter, and adaptation planning can benefit from local climate change projections. Such projections are typically generated by accepting climate model outputs in a relatively uncritical way. We argue, based on the IPCC’s treatment of model outputs from the CMIP5 ensemble, that this approach is unwarranted and that subjective expert judgment should play a central role in the provision of local climate change projections intended to support decision-making.

In their 2010 book, Biology’s First Law, D. McShea and R. Brandon present a principle that they call ‘‘ZFEL,’’ the zero force evolutionary law. ZFEL says (roughly) that when there are no evolutionary forces acting on a population, the population’s complexity (i.e., how diverse its member organisms are) will increase. Here we develop criticisms of ZFEL and describe a different law of evolution; it says that diversity and complexity do not change when there are no evolutionary causes.

The classic thought experiments for Content Externalism have been motivated by consideration of intentional states with a mind-to-world direction of fit. In this paper, I argue that when these experiments are run on intentional states with a world-to-mind direction of fit, the thought experiments actually support Content Internalism. Because of this, I argue that the classic thought experiments alone cannot properly motivate Content Externalism. I do not show that Content Externalism is false in this paper, just that it cannot be (...) motivated by the classic thought experiments alone. I discuss various externalist responses to the argument I raise and show that they all fail. (shrink)

According to perceptualism, fluent comprehension of speech is a perceptual achievement, in as much as it is akin to such high-level perceptual states as the perception of objects as cups or trees, or of people as happy or sad. According to liberalism, grasp of meaning is partially constitutive of the phenomenology of fluent comprehension. I here defend an influential line of argument for liberal perceptualism, resting on phenomenal contrasts in our comprehension of speech, due to Susanna Siegel and Tim Bayne, (...) against objections from Casey O'Callaghan and Indrek Reiland. I concentrate on the contrast between the putative immediacy of meaning-assignment in fluent comprehension, as compared with other, less ordinary, perhaps translation-based ways of getting at the meaning of speech. I argue this putative immediacy is difficult to capture on a non-perceptual view (whether liberal or non-liberal), and that the immediacy in question has much in common with that which applies in other, less controversial cases of high-level perception. (shrink)

In this paper, I critically engage with Casey Perin's interpretation of Sextan Pyrrhonism in his book, The Demands of Reason: An Essay on Pyrrhonian Scepticism. From an approach that is both exegetical and systematic, I explore a number of issues concerning the Pyrrhonist's inquiry into truth, his alleged commitment to the canons of rationality, and his response to the apraxia objection.

Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...) discourage women from exercising their right to choose an abortion, or from becoming or remaining pregnant. I then argue that reproductive choice cases illustrate the limitations of libertarian paternalism. Where choices are politicized or intimate, as reproductive choices often are, nudges become not much easier to justify than traditional mandates or prohibitions. Even beyond the context of reproductive choice, it is not obvious how much easier nudges are to justify than bans or mandates. -/- Part I of this Article briefly introduces Sunstein and Thaler's libertarian paternalism. Part II then turns to the context of reproductive choice. Part II.A reviews restrictions on the right to choose an abortion-particularly post-Casey regulations such as waiting periods, requirements that women receive certain types of information, and requirements that women undergo ultrasound-that pitch themselves as steering choice without entirely closing off the right to choose an abortion. This distinction between nudges and prohibitions echoes Sunstein and Thaler's proposals, but works to subordinate women's choices to the judgment of (often male) experts and administrators-hence my term "libertarian patriarchalism." Part II.B reviews efforts to nudge women-particularly teenagers, HIV-positive women, and others thought to be unsuitable mothers-to avoid pregnancy. -/- Part III considers the normative implications of nudging reproductive decisions. In Part III.A, I argue that the political nature of reproductive choices presents a problem for nudges. I do so by considering a parallel with voting rights. Empirical research shows that voters are more likely to choose the candidate listed first on the ballot. Yet we do not empower the administrator in charge of ballot design to choose a default rule that nudges individuals toward the candidate he sincerely believes would promote choosers' welfare. Given the political nature of reproductive choices, a policymaker's attempting to nudge reproductive decisionmaking in the direction he prefers-or indeed in any direction-fails to show adequate respect for the chooser's agency. In Part III.B, I offer an argument that targets the use of nudges in the context of pregnancy. Finally, in Part III.C, I argue that nudges do not merely add choices to an existing menu, but change the substantive choices available to individuals and thereby impose more-than-trivial costs on them. I conclude by exploring the implications of my arguments for nudges more generally. (shrink)

A long-running dispute concerns which adaptation-related explananda natural selection can be said to explain. At issue are explananda of the form: why a given individual organism has a given adaptation rather than that same individual having another trait. It is broadly agreed that one must be ready to back up a “no” answer with an appropriate theory of trans-world identity for individuals. I argue, against the conventional wisdom, that the same is true for a “yes” answer. My conclusion recasts the (...) landscape and opens the door to a potential resolution. (shrink)

Do we perceptually experience meanings? For example, when we hear an utterance of a sentence like ‘Bertrand is British’ do we hear its meaning in the sense of being auditorily aware of it? Several philosophers like Tim Bayne and Susanna Siegel have suggested that we do (Bayne 2009: 390, Siegel 2006: 490-491, 2011: 99-100). They argue roughly as follows: 1) experiencing speech/writing in a language you are incompetent in is phenomenally different from experiencing speech/writing you are competent in; 2) this (...) contrast is best explained by the fact that we experience meanings in the latter case, but not the former. In contrast, in an important recent discussion Casey O’Callaghan has argued that we do not (O’Callaghan 2011). He responds to the above contrast argument by claiming that this phenomenal contrast is instead best explained by the fact that we hear language-specific phonological properties in the latter case, but not in the former. In this paper I argue that O’Callaghan’s response to the popular contrast argument is too limited in scope, provide a more general response, and present a new case against experiencing meanings. (shrink)

Anthropogenic climate change has become a hot button issue in the scientific, economic, political, and ethical sectors. While the science behind climate change is clear, responses in the economic and political realms have been unfulfilling. On the economic front, companies have marketed themselves as pioneers in the quest to go green while simultaneously engaging in environmentally destructive practices and on the political front, politicians have failed to make any significant global progress. I argue that climate change needs to be framed (...) as an ethical issue to make serious progress towards the path to a sustainable human civilization. In an effort to motivate the urgency needed to confront climate change, I argue that climate change seriously affects human beings living here and now, and if one cares about unnecessarily harming fellow innocent living human beings, then one should care about one’s own environmental impact related to climate change. Since this argument does not depend upon any specific philosophical, religious, or ethical tradition but applies regardless of one’s particular background, I hope to induce genuine concern among all human beings regarding this issue. (shrink)

Uncertainty is recognized as a key issue in water resources research, amongst other sciences. Discussions of uncertainty typically focus on tools and techniques applied within an analysis, e.g. uncertainty quantification and model validation. But uncertainty is also addressed outside the analysis, in writing scientific publications. The language that authors use conveys their perspective of the role of uncertainty when interpreting a claim —what we call here “framing” the uncertainty. This article promotes awareness of uncertainty framing in four ways. 1) It (...) proposes a typology of eighteen uncertainty frames, addressing five questions about uncertainty. 2) It describes the context in which uncertainty framing occurs. This is an interdisciplinary topic, involving philosophy of science, science studies, linguistics, rhetoric, and argumentation. 3) We analyze the use of uncertainty frames in a sample of 177 abstracts from the Water Resources Research journal in 2015. This helped develop and tentatively verify the typology, and provides a snapshot of current practice. 4) Provocative recommendations promote adjustments for a more influential, dynamic science. Current practice in uncertainty framing might be described as carefully-considered incremental science. In addition to uncertainty quantification and degree of belief (present in ~5% of abstracts), uncertainty is addressed by a combination of limiting scope, deferring to further work (~25%) and indicating evidence is sufficient (~40%) – or uncertainty is completely ignored (~8%). There is a need for public debate within our discipline to decide in what context different uncertainty frames are appropriate. Uncertainty framing cannot remain a hidden practice evaluated only by lone reviewers. (shrink)

Philosophers have argued that the conceivability of philosophical zom- bies creates problems for physicalism. In response, it has been argued that zombies are not conceivable. Eric Marcus (2004), for example, challenges the conceivability claim. Torin Alter (2007) argues that Marcus’s argument rests on an overly restrictive principle of imagina- tion. I agree that the argument relies on an overly restrictive principle of imagination, but argue that Alter has not put his finger on the right one. In short, Marcus’s argument fails, (...) but not for the reasons Alter gives. (shrink)

Western liberal intellectuals often find themselves in a precarious situation with regard to whether or not they should celebrate and endorse Friedrich Nietzsche as a philosopher who we should all unequivocally embrace into our Western philosophical canon. While his critique of the Western philosophical tradition and his own creative insights are unprecedented and immensely important, his blatant inegalitarianism and remarks against women are often too difficult to stomach. This paper attempts to introduce Western philosophers to Chuang Tzu, a Chinese thinker (...) who shares much of Nietzsche’s style and philosophy, but also espouses a thoroughgoing egalitarianism. It does so by comparing Nietzsche and Chuang Tzu in regard to their methods, style, and philosophical beliefs, with a particular emphasis on the naturalism and perspectivism found in each thinker’s philosophy. The hope is to provide Western liberal-minded intellectuals interested in Nietzsche and in equality with another perspective to bolster their thinking. (shrink)

Casey O’Callaghan has argued that rather than hearing meanings, we hear phonemes. In this note I argue that valuable though they are in an account of speech perception – depending on how we define ‘hearing’ – phonemes either don’t explain enough or they go too far. So, they are not the right tool for his criticism of the semantic perceptual account (SPA).

Interest in imagination dates back to Plato and Aristotle, but full-length works have been devoted to it only relatively recently by Sartre, McKellar, Furlong, Casey, Johnson, Warnock, Brann, and others. Despite their length and variety, however, these current theories take overly narrow views of this complex phenomenon. Their definitions of “imagination” neglect the multiplicity of its meanings and tend to focus narrowly on the power of imaging alone. But imagination in the fullest, most encompassing sense centers instead on creativity, (...) which involves both imaging and reasoning powers. Current accounts of the operations of imagination narrowly construe it in fixed, immutable terms. But it’s instead a dynamic, evolving synergy of its psychological roots and sociobiological roots. This synergy has transformed the roles of images and symbols in imagination. For example, in the shift from mytheopic to scientific imagination, literacy and formal education fostered abstract symbolic thinking, which differs from mytheopic thinking based on richly concrete associations. The result was “more than cool reason”, but experimental studies show that it’s also more than just dreamy imagery. It’s a dynamic synergy of the two that has transformed both. Current evaluations of imagination’s potentials are also narrow. They tend to focus on its role in mental life while ignoring social and political life. Also, they tend to follow romantic and existentialist customs of extolling imagination’s virtues without soberly critiquing its limitations. Again, they ignore the synergy of psychological, sociological and biological forces that shape mental and social evolution, and promote and constrain imagination in complex ways. For example, Sartre surreally asks us to choose our own nature with an imagination emancipated from institutional and instinctual strictures. Yet making intelligible choices depends on these strictures. In conclusion, current theories define imagination narrowly in terms of imaging, they describe its operations in fixed and immutable terms, and they evaluate its potentials without examining the full interplay of forces shaping it. These shortcomings are remedied by a broader perspective that defines imagination more adequately and comprehensively, and that recognizes it’s complex roots, dynamic operations, and evolving potentials. This paper is based on my 1994 work, The Roots of Imagination, which can be downloaded in full here in PhilPapers. (shrink)

Anyone who has been around analytic philosophy the past 20 years knows that consciousness is in. These days much effort is spent playing whack-a-dualist. It seems that anyone who is anyone has written a book on the metaphysics of mind. Colin McGinn's new book marks a refreshing departure from this trend. Mindsight: Image, Dream, Meaning discusses the role imagination plays in the way we represent the world; the role it plays in dreams and some mental illnesses; and the fundamental role (...) it plays in belief and meaning. (shrink)

Agreement between "independent" measurements of a theoretically posited quantity is intuitively compelling evidence that a theory is, loosely speaking, on the right track. But exactly what conclusion is warranted by such agreement? I propose a new account of the phenomenon's epistemic significance within the framework of Bayesian epistemology. I contrast my proposal with the standard Bayesian treatment, which lumps the phenomenon under the heading of "evidential diversity".

Sanford Goldberg argues for Content Externalism by drawing our attention to the extent to which an individual’s concepts depend on the concepts of others. More specifically, he focuses on cases that involve knowledge transmission between experts and non-experts to make his point. In this paper, I argue that the content internalist cannot only plausibly respond to his argument but that Content Internalism offers a more plausible account of intentional content with regard to knowledge transmission than does Content Externalism.

In this paper I discuss Øyvind Dahl’s argument for the conclusion that Malagasy people conceive of the future as coming from behind them and not as being before them as most worldviews do. I argue that we have good reason not to attribute this view to Malagasy people. First, it would mark an inefficient and anomalous way of keeping track of the past and future. Second, the linguistic and testimonial evidence presented by Dahl doesn’t support the conclusion. Even though this (...) specific argument fails, Dahl has many enlightening things to say about Malagasy time conceptions, such as the various time-conceptions that figure more predominantly in their worldview as opposed to the general modern Western worldview. Dahl is right that successful communication for Westerners in Madagascar requires understanding that the Malagasy worldview is structured more by an event-related conception of time than the general modern Western worldview. I also show in this paper that the three time conceptions Dahl outlines are relevant to living a good life. (shrink)

In this paper, I argue against Michael Gorman’s objection to Tim Crane’s view of intentional objects. Gorman (“Talking about Intentional Objects,” 2006), following Searle (Intentionality, 1983), argues that intentional content can be cashed out solely in terms of conditions of satisfaction. For Gorman, we have reason to prefer his more minimal satisfaction-condition approach to Crane’s be- cause we cannot understand Crane’s notion of an intentional object when applied to non-existent objects. I argue that Gorman’s criticism rests on a misunderstanding of (...) Crane’s position. I also discuss the importance of keeping track of the distinction between the intentional objects of intentional states and the referents of such states. I do agree with Gorman that conditions of satisfaction are needed to cash out propositional intentional content, but we cannot get these conditions of satisfaction right if we do not capture how the subject takes the world to be. And we cannot properly capture how the subject takes the world to be without commitment to intentional objects. I argue that Crane’s notion of an intentional object is one that avoids questionable ontological commitments. So, in the end we have a view of intentional objects with a respectable metaphysics and ontology that can properly capture the intentional content of subjects’ intentional states. (shrink)

Many global catastrophic risks are threatening human civilization, and a number of ideas have been suggested for preventing or surviving them. However, if these interventions fail, society could preserve information about the human race and human DNA samples in the hopes that the next civilization on Earth will be able to reconstruct Homo sapiens and our culture. This requires information preservation of an order of magnitude of 100 million years, a little-explored topic thus far. It is important that a potential (...) future civilization will discover this information as early as possible, thus a beacon should accompany the message in order to increase visibility. The message should ideally contain information about how humanity was destroyed, perhaps including a continuous recording until the end. This could help the potential future civilization to survive. The best place for long-term data storage is under the surface of the Moon, with the beacon constructed as a complex geometric figure drawn by small craters or trenches around a central point. There are several cost-effective options for sending the message as opportunistic payloads on different planned landers. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email support@ssrn.com or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Towards the last quarter of the 20th century, philosophers of science began to develop a research programme to show that neo-Darwinian models of species evolution are analogous to the evolution of scientific theories. This programme is known as the evolutionary epistemology of theories (Bradie, p. 414, 1986). Karl Popper’s influential book The Logic of Discovery was one of the first accounts to draw out the analogy between the evolution of biological species and the evolution of scientific theories. Many philosophers of (...) science have later adopted this analogy, for Stephen Toulmin (1972), and Donald Campbell (1974). The aim of the metaphor is to not just be a model that explains how science progresses, but to actually account for how it does so. At the heart of this analogy is the fact that the generation of new scientific theories and scientific knowledge is conducted through a random process known as “blind variation” (Popper 1963, 1979 & Campbell 1974). If this analogy holds a philosophical consequence, it is that there is no logic of discovery. If there is no logic of discovery, this then supports the Fregean view that there is a gulf between the context of justification and context of discovery. If there is no logic of discovery, then the philosopher’s job is to analyze the justification rather than the discovery. However, Poppers analogy has come under pressure from fellow philosophers of science. Most notably, Paul Thagard argues that Popper’s analogy is a disanalogy because scientists don’t generate hypotheses blindly. My aim of this essay is to show that this is correct. My thesis is that Popper’s analogy is a disanalogy because there is a logic of discovery, thus making evolutionary epistemology of theory (EET) false. I will begin by explaining how Popper argues for the metaphor and the rejection of a logic of discovery. In section II, I will then build off of Thagard’s critiques of Popper to show that in order for science to progress, there needs to be some form of logic. Finally, I will argue that the most likely candidates for a logic of discovery are two types negative-logic: error-elimination and error-correction. I will then conclude that since there are suitable logics for discovery, Popper’s analogy is a disanalogy. This is important to philosophy because it allows for philosophers to analyze the context of discovery and not just the context of justification. (shrink)