This is a one page handout, presenting a puzzle from J.G. Frazer regarding why, to become the priest of Diana at Nemi, one had to first break a bough in the sacred grove.

This is a one page handout reconstructing the paradox and identifying four solutions in the literature, as well as some concerns about them.

This is a two page handout specifying approaches, or methods, used in interpreting Judith Butler. The methods of various analytic philosophers are identified.

This is a one page handout presenting some objections A.R. Radcliffe-Brown makes to Frazer on rites and Frazer's evolutionism.

This is a one-page handout which responds to Kathleen Stock's 2021 book Material Girls. It considers how analytic philosophy can be introduced into this area, and specifies five kinds of argument for the claim that the sexes are socially constructed.

I present two senses in which a political philosophy may be an ideal theory. They are not identified by Laura Valentini, in her much-cited paper. The paper is written as a pastiche of the writing style of the distinguished legal and political philosopher Joseph Raz, who recently passed away, with my notes at the foot of the page within square brackets.

This is a one page handout identifying some notable omissions from her brief history of gender identity theory.

This is a one page handout presenting objections from Gluckman's book Politics, Law, and Ritual in Tribal Society.

This one page handout presents a seemingly inconsistent triad from Malinowski, concerning the requirement to do intensive fieldwork, and solutions to it.

This is a two page handout summarizing a number of objections made against Robert Graves's book of Greek myths.

This is a one page handout, which specifies four uses of the social organism analogy in British structural-functionalist anthropology and contrasts these uses with uses in analytic political philosophy.

This is a one page handout outlining an interpretation of Simone de Beauvoir which draws heavily upon material from the analytic tradition of philosophy.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

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 [email protected] 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)

This is a one page handout presenting R.R. Marrett's objections to Frazer from an article reviewing books by Frazer and also one by Malinowski (and others not referred to here).

This is a one-page handout presenting some objections nationalists might or do make to John Rawls's original position method.

This is a two page handout, briefly summarizing late nineteenth and early twentieth century philosopher Henry Sidgwick's objections to giving all citizens a right to as much equal freedom as possible. H.L.A. Hart, who uses the material in a notable paper, also figures.

This is a one-page handout specifying five kinds of legitimacy.

This is a one page handout presenting different attempts to understand claims of the form "Everyone knows X.".

This is a one page handout summarizing some information on how people in the village of Elmdon use the concept of being real Elmdon.

In lieu of an abstract, here is a brief excerpt of the content:Comments on “Moral Complicity in Induced Pluripotent Stem Cell Research”W. Malcolm Byrnes, Ph.D. and Edward J. FurtonIn his article titled “Moral Complicity in Induced Pluripotent Stem Cell Research,” Mark T. Brown (2009) unfortunately mischaracterizes my ethical analysis of the use of induced pluripotent stem (iPS) cells for replacement therapies, or treatments (Byrnes 2008). In my paper, which Brown cites, I argue that, just as it is ethically acceptable (...) for parents to allow their children and themselves to be immunized using vaccines produced by cell lines derived from human fetuses aborted in the past, it is also acceptable for persons in the future to benefit from treatments that use iPS cells validated using human embryonic stem (ES) cell lines [End Page 202] derived in the past. The assumption I make is that iPS cells would have to be shown to be functionally equivalent to human ES cells—i.e., validated—before they could be used for cell replacement treatments. (If it turns out that this assumption is incorrect, and primate or even mouse ES cells can be used for the validation, then all residual ethical problems will disappear and there will be no ethical problems whatsoever associated with iPS cells.) I wrote:... [I]n both cases, the origin of the treatment is in a one-time event: either the one-time use of aborted fetuses to obtain cell lines (e.g., MRC-5 and WI- 38) to grow weakened virus strains for vaccine production, or the one-time destruction of human embryos to validate iPS cells, which then effectively replace embryonic stem cells. In the latter case, if no additional embryonic stem cell lines are derived, then derivation of the existing lines could be considered a “one-time” event in the past, albeit an event that extended over a several-year period(Byrnes 2008, p. 287, emphasis added).Note the phrase “if no additional embryonic stem cell lines are derived.” The derivation of ES cell lines inherently involves destruction of embryos; indeed, that is why many people, including me, are opposed to human ES cell research. In my article, I am arguing that, if no additional ES cell lines are derived, then no additional human embryos will be destroyed, and the destruction of human embryos will lie in the past. In this case, embryo destruction could be considered a past event, just as the abortion of a human fetus from which vaccine-producing cell lines were derived is a past, albeit tragic, event.In the process of building his argument that proponents of iPS cell research are morally complicit in embryo destruction, Brown (2009, p. 15) casts me as being in favor of the “derivation of new embryonic stem [cell lines].” This is the exact opposite of my position. In fact, I am opposed to further destruction of human embryos. I believe that the hundreds of ES cell lines already in existence are more than sufficient to validate iPS cells and so no additional lines need to be derived. This means that no additional human embryos will need to be destroyed.Apparently based on the misperception that I support future destruction of human embryos, Brown concludes that “Byrnes’s endorsement of ongoing iPSC validation studies would seem to implicate him and those who follow his lead in formal and material complicity in what they perceive as moral evil” (p. 16). He writes that “explicit formal complicity would attach because he [Byrnes] knowingly and intentionally recommends that embryos be killed in order to facilitate a transition to a future in which no more embryos need be destroyed” (p. 16). Additionally, my “followers” and I would be guilty of “proximate material complicity” as well as “remote material complicity” (p. 16). Unfortunately, this broad condemnation is based on a misconception of my actual position.An additional problem involves Brown’s use of a quotation he attributes to me: [End Page 203]Once embryonic stem cells are used to successfully validate iPS cells, they will no longer be needed and their association with iPS cells will lie in the past. Is there not an element of sadness and resignation in accepting something (iPS cells) associated with an unjust act (destruction of an... (shrink)

This is a sketch of the basis and role of consciousness and the minimally required elements and constraints of any setting that may produce consciousness. It proposes that consciousness (as we know it) is a biologically-mediated product of evolved recursive and hierarchically nested representational systems that obey information theoretic principles and Bayesian (probabilistic) feedback and feedforward predictive modeling processes.

Timelines is an inquiry into the nature of time, both as an apparent feature of the external physical world and as a fundamental feature of our experience of ourselves in the world. The principal argument of Timelines is that our coventional ideas about time are largely mistaken and that what we think of as independent physical time is actually our calibration of a certain relation between events. Namely, the relation between time-keeping events and the causal sequential differences of physical processes (...) which are real and independent of us. (shrink)

This is a conjecture about the conditions and operating structures that are required for the phenomenality of certain mental states. Specifically, full-blown phenomenality is assumed, as contrasted with constrained examples of phenomenal experience such as sensations of color and pain. Propositional attitudes and content, while not phenomenal per se, are standardly concurrent and may condition phenomenal states (e.g., when tied to false beliefs). It is conjectured that full phenomenality natively arises in coherent processes of situated sensory synthesis and representation (with (...) conceptual content) that are looped, mereologically whole and multi-dimensional. And that phenomenal states are typically phase-states within a parameterized conjoint structure of world and experiencer processes that are causally modulated across Markov blankets (which are conditionally independent and may be nested: cf. M. Kirchoff, et. al., 2017, 2018; and T. Burge, 2010, re: anti-individualism). Though they may, it is not accepted that phenomenally conscious states must be targets of higher-order representations (cf. A. Byrne, 2004). (shrink)

An interview with Ed Casey where we discuss the intersections of his philosophical work with current political issues, including the Israel-Palestine conflict.

It is observed that most development modalities employed over the years for achieving community development in Africa have not leaved up to expectation in terms of involving the majority of people in the quest for national transformation and development; rather, these modalities tend to complicate the very problems they are set out to solve. The situation is mostly like this because the adopted development strategies have not taken adequate cognizance the essence of effective communication methods and the importance of people’s (...) perspectives and peculiarities in these processes. Mostly, the so-called outsiders and experts in development matters who are physically and socially separated from the people think for them and about their development. This situation is inimical to genuine and sustainable development. It is important therefore to note that development can only be meaningful and sustainable when it is people generated; involving people’s real needs and their participation in the process of achieving them. It is at this point therefore that community theatre can come handy as it has the potentials to bring people together to discuss issues that disempowered them and participatorily proffer solutions to the negatives. Community theatre can be explored to work with rural and urban people; mostly the rural dwellers who are mostly disempowered. In view of this therefore, this paper posits that community theatre is a method of participatory communication towards achieving social change. (shrink)

One of the more obscure arguments for Rawls’ difference principle dubbed ‘the Pareto argument for inequality’ has been criticised by G. A. Cohen (1995, 2008) as being inconsistent. In this paper, we examine and clarify the Pareto argument in detail and argue (1) that justification for the Pareto principles derives from rational selfinterest and thus the Pareto principles ought to be understood as conditions of individual rationality, (2) that the Pareto argument is not inconsistent, contra Cohen, and (3) that the (...) kind of bargaining model required to arrive at the particular unequal distribution that the difference principle picks out is a model that is not based on bargaining according to one’s threat advantage. (shrink)

Simone de Beauvoir and Jean-Paul Sartre struggled for the whole of their philosophical careers against one of modern Western philosophy's most pervasive concepts, the Cartesian notion of self. A notion of self is always a complex of ideas; in the case of Beauvoir and Sartre it includes the ideas of embodiment, temporality, the Other, and intersubjectivity. This essay will show the considerable part that gender, especially Beauvoir's position as a woman in twentieth-century France, played in the development, presentation and reception (...) of the couple's alternative formulation. (shrink)

Joseph Raz criticizes John Rawls for a procedure supporting a non-adaptable constitution. This paper considers how a non-adaptable constitution can seem not so counterintuitive and also when.

This paper offers a cheap solution to Laura Valentini’s paradox of ideal theory. An ideal theory cannot be sound by definition, since in the relevant sense of “ideal theory” it involves false propositions.

I observe common ground and differences between the first page of Edith Wharton’s The House of Mirth and Christina Rossetti’s Commonplace.

I present a sense of the term “ideal theory” based on Joseph Raz’s response to the situation of a lifeguard faced with three drowning on one side and two on the other and unable to save all. From what is of value, such a theory builds up a conception of an ideal political state or an aspect of it which we have reason to realize, but ignoring whether it is possible for us to realize this.

Donald Davidson denies that there are incommensurable scientific languages: languages which cannot be translated into our contemporary language. What about Derrida? What is his perspective on this matter? This paper presents a broadly Derridean objection to Susan Carey’s argument for incommensurability.

In this paper, I raise and respond to the question of why females are underrepresented in parts of philosophy which one might classify as feminine.

The 2004-5 essay competition set by the Federal Reserve Bank of Minneapolis asks, “Why are some countries rich and some countries poor?” It has information which strangely does not feature the name Amartya Sen. But I have conceived of a defence against the charge that this is bad practice, which resembles appealing to the descriptivist theory of names.

This paper considers five counterexamples to Mary Douglas's definition of dirt, one of which is extracted from a scene from George Eliot's novel Middlemarch and another from Marilyn Strathern's essay on anthropology at home.

Should one read T.H. Irwin’s three volume history of Western ethics, or parts of it? Here one might turn to reviews. The journal The Philosophical Forum uses the sensible strategy of getting different specialists to review different parts of the book. There are two chapters on Rawls, each one reviewed by a Rawlsian. I wish to register discontent with Steven Ross’s review.

Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.

In “Conceptual Differences Between Children and Adults,” Susan Carey discusses phlogiston theory in order to defend the view that there can be non-translatability between scientific languages. I present an objection to her defence.

This paper proposes a solution to a puzzle regarding when people switch from one skilled area of specialization to another, in which they have had little training. Certain analogies between the previous area and the area switched to enable this. I use Susan Carey as an example.

I present a solution to the paradox of the kalela dance based on the need for a contrast.

This paper responds to Kathleen Stock’s attempt to explain a puzzling fact, at least from her standpoint: widespread assertions that some people who are biologically male are women and some people who are biologically female are men. She regards these assertions as made while immersed in a fiction. Stock rejects an alternative explanation – that a lot of these people have read Judith Butler or 1970s feminism. Clarifying that explanation reveals it to be not so easy to dismiss.

This paper considers a paradox which the historian of anthropology George Stocking draws attention to: from the point of view of parts of the Victorian middle class, Victorian society was highly evolved yet also contained savage components. I clarify the paradox and propose a solution.

The paradox asserts “to be a decent human being, you have to treat people like they're special; but to be a decent sociologist, you have to remember they're not.” How then can a sociologist be a decent human being? I distinguish between rights and other things, such as beliefs or tastes, and draw attention to how respect for rights is compatible with a focus on the typical in research.

The dilemma I present for Laura Valentini’s paradox of ideal theory concerns a theory which includes idealizations but also an account of how you apply the theory to less ideal reality. If this does not count as an ideal theory, then theories of justice need not be ideal. If it does, then ideal theories can be action guiding.

In this paper, I draw attention to an obstacle to determining to what extent the portrait of normal science as a problem-solving activity applies outside the natural sciences. I give two examples from social anthropology, one from the heyday of British structural-functionalism and one from recent British anthropology, “responding” to Marilyn Strathern’s problem of the feminist fieldworker. (NOTE: there is a duplicate of this but neither may be showing on my profile. A proverb: the guest hates the other guest; the (...) host hates them both.). (shrink)

I introduce an argument for rejecting Joe Horton’s all-or-nothing problem on the grounds that saving one child is not a genuine option for most people.

In this paper, I present a little puzzle to do with a book of prefaces.

In this paper, I present an outline of a paradox which is a variation on the lottery paradox and concerns whether we can ignore hesitant moral judgments.

Comparativism is the view that comparative confidences (e.g., being more confident that P than that Q) are more fundamental than degrees of belief (e.g., believing that P with some strength x). In this paper, I outline the basis for a new, non-probabilistic version of comparativism inspired by a suggestion made by Frank Ramsey in `Probability and Partial Belief'. I show how, and to what extent, `Ramseyan comparativism' might be used to weaken the (unrealistically strong) probabilistic coherence conditions that comparativism traditionally (...) relies on. (shrink)