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)

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

J. McTaggart argues that the philosophical conception of time is constituted by the notions of fluid and static time. Since, on his view, neither notion is philosophically viable, he concludes that time is nothing but an illusion that arises from our distorted perception of essentially atemporal reality. In the paper, I argue that despite McTaggart’s failure to prove the unreality of time as such, he does succeed in establishing his lesser claim that the concept of fluid time is without any (...) ontological import whatsoever. (shrink)

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 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.

This is my response to a premise-by-premise argument in Anca Gheaus’s “Biological Parenthood: Gestational, Not Genetic.”.

I respond to the charge that one of my objections to Marilyn Strathern’s rejection of feminist anthropology is the same as an objection made by Kamala Visweswaran. They may seem very similar to begin with, but I argue that there is both a difference in focus - in which premises we are concentrating on - and in method.

This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

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.

The title question arises because the philosophy seems the same as asking, “What if everyone did that?” In this paper, I give a partial response to the question. In an appendix, I consider the question of why should we tell you the answer?

I draw attention to how Annie Saumont’s “You Should Have Changed at Dol” provides a solution to the paradox. With appropriate background knowledge, Saumont’s story, despite its modern form, displays various convergences with Descartes’ meditations; likewise the Bisa dance may feature convergences with traditional dance.

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.

Perceptual experience is often said to be transparent; that is, when we have a perceptual experience we seem to be aware of properties of the objects around us, and never seem to be aware of properties of the experience itself. This is a introspective fact. It is also often said that we can infer a metaphysical fact from this introspective fact, e.g. a fact about the nature of perceptual experience. A transparency theory fills in the details for these two facts, (...) and bridges the gap between them. We have three aims: to scrutinize Michael Tye’s transparency theory :137–151, 2002; Consciousness revisited: materialism without phenomenal concepts, MIT Press, Cambridge, 2009; Philos Stud 170:39–57, 2014a), introduce a new transparency theory, and advance a meta-theoretical hypothesis about the interest, and import, of transparency theories. (shrink)

This paper presents an obvious explanation for why Oedipus even attempted to solve the Sphinx’s riddle, given the high cost of failure.

Mary Beard argues against the claim that its relationship to British colonialism adequately explains why The Golden Bough was popular, drawing attention to other stuff in the book aside from information about British colonies. I make an objection that British colonialists would have been interested in expanding their empire.

This paper investigates Newton’s ontology of space in order to determine its commitment, if any, to both Cambridge neo-Platonism, which posits an incorporeal basis for space, and substantivalism, which regards space as a form of substance or entity. A non-substantivalist interpretation of Newton’s theory has been famously championed by Howard Stein and Robert DiSalle, among others, while both Stein and the early work of J. E. McGuire have downplayed the influence of Cambridge neo-Platonism on various aspects of Newton’s own spatial (...) hypotheses. Both of these assertions will be shown to be problematic on various grounds, with special emphasis placed on Stein’s influential case for a non-substantivalist reading. Our analysis will strive, nonetheless, to reveal the unique or forward-looking aspects of Newton’s approach, most notably, his critical assessment of substance ontologies, that help to distinguish his theory of space from his neo-Platonic contemporaries and predecessors. (shrink)

This paper investigates the question of, and the degree to which, Newton’s theory of space constitutes a third-way between the traditional substantivalist and relationist ontologies, i.e., that Newton judged that space is neither a type of substance/entity nor purely a relation among such substances. A non-substantivalist reading of Newton has been famously defended by Howard Stein, among others; but, as will be demonstrated, these claims are problematic on various grounds, especially as regards Newton’s alleged rejection of the traditional substance/accident dichotomy (...) concerning space. Nevertheless, our analysis of the metaphysical foundations of Newton’s spatial theory will strive to uncover its unique and innovative characteristics, most notably, the distinctive role that Newton’s “immaterialist” spatial ontology plays in his dynamics. (shrink)

Mary Beard considers the thesis that Frazer’s book The Golden Bough was popular because it provided practical aid for colonialists. But she introduces another relationship between the book and British colonialism: that it provided an image of the British colonial project as a whole. I present two objections to the proposal that there was this relationship, as well as – in the appendix – flagging a concern about the internal coherence of Beard’s paper with the introduced relationship.

This paper offers a solution to Laura Valentini’s paradox of ideal theory. A reason for idealizing assumptions is because otherwise the theory would be too complicated to be action guiding.

This paper begins with Adam Smith’s advice to specialize and draws attention to an advantage from a misleading appearance of fixed specialization, identified in Flora Nwapa’s novel Efuru.

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but rather in citizens’ (...) endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (shrink)

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.

The natural interpretation is that Dorothea’s early impressions of Edward Casaubon, in terms of John Locke, are illusory. But I draw attention to Joseph Raz’s suggestion that it is the status of Locke which is mistaken, though I favour the natural interpretation.

This paper engages two debates about trust, deriving from two distinct questions about the nature of trust. The first asks how to define trust. Does trusting B to φ involve anything more than relying on B to φ? The second asks about the normative structure of trust. Does trust most fundamentally embody a two-place or a three-place relation? I’ll defend a new position in the second debate that yields an equally new position in the first. The standard three-place model highlights (...) ‘A trusts B to φ.’ The two-place model prefers ‘A trusts B.’ On my new three-place model, both are less fundamental than ‘A φs through trust in B.’ We do, of course, trust people to do things. But the most fundamental form of trust lies in doing something through trust in a person. I call this the Assurance View of trust because I’ll argue that trusting involves accepting another’s invitation to trust – an assurance, in effect, that the other is relevantly trustworthy. Trust thereby differs from mere reliance by how it makes available a reason to rely on the trusted. In mere reliance, your reason to rely on B is exogenous to the reliance relation, emerging, for example, from B’s track record of relevant reliability. When you trust B, by contrast, you take yourself to have a reason to rely on B that is endogenous to your trust, a reason grounded not merely in B’s reliability, exogenously considered, but in B’s ongoing responsiveness to your relevant needs. The Assurance View’s key insight emerges, I’ll argue, from cases wherein trust is disappointed – the trusted does not do what you trusted her to do – yet not thereby betrayed. (shrink)

Job motivation remains an area of concern among researchers due to the rising issues of poor or lack of motivation among workers. This refers to one’s personal will or drives to perform a task at work. Meanwhile, job satisfaction refers to an employee’s sense of fulfillment with his or her work experience. Therefore, the current study utilized the descriptive- correlational research design to investigate the impact of job motivation on the job satisfaction of accountants. To gather essential data and achieve (...) the objectives of the study, Multidimensional Work Motivational Scale (MWMS) and Minnesota Satisfaction Questionnaire (MSQ) were administered to the target respondents. The collected data were then analyzed using a Multiple Regression Analysis; findings revealed that job motivation has a significant impact on the job satisfaction of accountants. Additionally, the results of this study were carefully evaluated and discussed, and recommendations were made to benefit the stakeholders of the study and contribute to the existing body of knowledge. (shrink)

A quite recent book casts the anthropologist Elizabeth Colson as a systems skeptic, with Max Gluckman attempting to counter her skepticism. In this paper, I offer clarifications of the skepticism and of the counter.

[This draft is dated November 2007. I wrote it while I was a fellow at the Center for 21st Century Studies at UW-Milwaukee, in 2005-06, and published it only on the Center's website as a working paper. Many of the core ideas in this paper wound up in "Receptivity and the Will," Nous 2009, "Assertion, Sincerity, and Knowledge," Nous 2013, and "Assurance and Warrant," Philosophers' Imprint 2014 -- though formulated rather differently. What follows is the original abstract.] This working paper (...) extends a project that I’ve been developing for several years on the role of trust, including self-trust, in rationality and personal autonomy. I’m interested equally in epistemic questions (what to believe) and in practical questions (how to act), though the present paper addresses only the former. In an earlier paper on the epistemic side of my project, “Telling as Inviting to Trust” (Philosophy and Phenomenological Research, May 2005), I offered an explanation of how you can get an entitlement to believe something simply by trusting someone when she tells you it’s so, the entitlement deriving not merely from the assurance but from the trustworthy character of the one who gives it. The present paper adapts my explanation of believing-on-another’s-word to belief as such, via the observation that you can’t form a belief without trusting someone’s judgment – if only your own. I view intrapersonal reasoning about what to believe as an internalization of the interpersonal cases I analyzed in that earlier paper. In each instance, belief-formation has a second-personal dynamic: an invitation to trust on one side, trusting acceptance of that invitation on the other. If I’m right, the dynamic at the heart of all belief manifests not autonomy but a trusting heteronomy, whereby you render yourself appropriately receptive to judgment – your own or another’s. (The idea that judging is inviting self-trust first occurred to me in 2002, but I didn’t get a chance to develop it properly till 2005-06, my fellowship year at the Center for 21st Century Studies. I appreciate the support.). (shrink)

This essay examines the underdetermination problem that plagues structuralist approaches to spacetime theories, with special emphasis placed on the epistemic brands of structuralism, whether of the scientific realist variety or not. Recent non-realist structuralist accounts, by Friedman and van Fraassen, have touted the fact that different structures can accommodate the same evidence as a virtue vis-à-vis their realist counterparts; but, as will be argued, these claims gain little traction against a properly constructed liberal version of epistemic structural realism. Overall, a (...) broad construal of spacetime theories along epistemic structural realist lines will be defended which draws upon both Friedman’s earlier work and the convergence of approximate structure over theory change, but which also challenges various claims of the ontic structural realists. (shrink)

I interpret George Eliot as objecting to John Locke in Middlemarch – more specifically, his theory of ideas – by means of her account of Dorothea’s experiences of Edward Casaubon at dinner.

The object of this paper is not arguments from contingency in general, but specifically Aquinas’s ‘Third Way’ as it appears in his Summa Theologica. I will raise three objections to this argument. First, the argument depends on the premise, that if everything were contingent, then there would have been a time during which nothing exists, but this is not self-evident and no argument is given for it here. Secondly, Aquinas tells us that a key premise in this argument, that an (...) infinite order of things necessary through one another is impossible, has been proven just previously (in the ‘second way’) with respect to an infinite order of efficient causes. But this argument fallaciously equivocates between two different senses of the term ‘first’, and the fallacy does not disappear when applied to the ‘third way’. Thus, Aquinas not only fails, in this argument, to prove the existence of a thing necessary in itself, but fails to prove that anything is necessary at all. Lastly, this argument suffers from a puzzling ambiguity as to the meaning of the term ‘necessity’, and either way of interpreting the term consistently in the argument raises difficulties. (shrink)

In this chapter, I will make the case that we can accurately describe Ghazali’s position as a natural law theory. Kevin Reinhart (1995), on whose translation of al-Mustaṣfā I will be depending in what follows, has also treated this topic. Though he did not specifically compare Ghazali’s position there with natural law theory, like Hourani (1985) he interprets Ghazali’s position as subjectivist on key points rendering it incompatible with natural law theory. Thus, I will begin with a prima facie case (...) for this incompatibility roughly along the lines one finds in Reinhart, and argue that a closer examination of the relevant text of al-Mustaṣfā along with the parallel section of al-Iqtiṣād, also cited by Hourani, shows that Ghazali’s position is not conclusively subjectivist, but instead is compatible with a natural law theory. I will examine key sections of Ghazali’s Kimiya al-Sa’dāt that quite clearly express a natural law theory of morality. (shrink)

This article defends Marjorie Suchocki’s position against two main objections raised by David E. Conner. Conner objects that God as a single actual entity must be temporal because there is succession in God’s experience ofthe world. The reply is that time involves at least two successive occasions separated by perishing, but in God nothing ever perishes. Conner also objects that Suchocki’s personalistic process theism is not experiential but is instead theoretical and not definitive. The reply is that his dismissal of (...) Part V of PR is arbitrary, the interpretation of all experience is theoretical, and no metaphysical interpretations are absolutely definitive, including PR as a whole. Also, Conner ignores religious experience. (shrink)

I flag what seem to me to be some minor concerns about Joel Smith’s definition of empathy, but maybe they are important to someone.

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.

A review of Futch's book on Leibniz' natural philosophy of time and space.

This essay examines the relationship between monads and space in Kant’s early pre-critical work, with special attention devoted to the question of ubeity, a Scholastic doctrine that Leibniz describes as “ways of being somewhere”. By focusing attention on this concept, evidence will be put forward that supports the claim, held by various scholars, that the monad-space relationship in Kant is closer to Leibniz’ original conception than the hypotheses typically offered by the later Leibniz-Wolff school. In addition, Kant’s monadology, in conjunction (...) with God’s role, also helps to shed light on further aspects of his system that are broadly Leibnizian, such as monadic activity and the unity of space. (shrink)

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

Christina Rossetti’s short fiction has been long-neglected, we are told. In this paper, I respond to her fiction “Pros and Cons,” which perhaps provides a clue regarding why there has been neglect: it leaves the impression of being an imitation of George Eliot, a mocking imitation even. I identify two differences between Rossetti and Eliot.

The essay explores the systematic relationship in the work of Giordano Bruno (1548-1600) between his monadology, his metaphysics as presented in works such as De la causa, principio et uno, the mythopoeic cosmology of Lo spaccio de la bestia trionfante, and practical works like De vinculis in genere. Bruno subverts the conceptual regime of the Aristotelian substantial forms and its accompanying cosmology with a metaphysics of individuality that privileges individual unity (singularity) over formal unity and particulars over substantial forms without (...) sacrificing a metaphysical perspective on the cosmos. The particular is individuated as a unique site of desire, continually transforming but able to entrain itself and others through phantasmatic ‘bonding’, the new source of regularity in Bruno’s polycentric universe. Bruno thus tries to do justice to the demands of intelligibility as well as transformative eros. The essay concludes with a note on Bruno’s geometry as it relates to his general conception of form. (shrink)

Kenneth Arrow presents Rawls as making a controversial assumption, which he terms “asset egalitarianism”: that all the assets of society, including personal skills, are available for distribution. I distinguish two versions of the assumption and draw attention to difficulties in determining what Arrow’s concern over the assumption is.

What is R.K. Narayan’s position in relation to his story “Such perfection”? It is natural to interpret him as conveying a message similar to one Western readers are familiar with from ancient Greek myths: fear perfection; it offends the gods. But there is room for a more complicated interpretation.

This paper responds to Shashi Tharoor’s criticism that “much of Narayan’s prose reads like a translation.” He does not name any writers in another language to back up his claim and without doing so there is an explanation for his impression, but one which leaves it looking misleading.

This paper explores various metaphysical aspects of Leibniz’s concepts of space, motion, and matter, with the intention of demonstrating how the distinctive role of force in Leibnizian physics can be used to develop a theory of relational motion using privileged reference frames. Although numerous problems will remain for a consistent Leibnizian relationist account, the version developed within our investigation will advance the work of previous commentators by more accurately reflecting the specific details of Leibniz’s own natural philosophy, especially his handling (...) of the dynamical interactions of plenum bodies. (shrink)

This paper is a pastiche of the Lacanian philosopher Renata Salecl, my fourth attempt, combined with a note. In it I present a response I anticipate from analytic philosophy to the thesis that the signifier has priority over the signified: that this thesis is either trivially true or obviously false.

Formulations of Mill's principle of utility are examined, and it is shown that Mill did not recognize a moral obligation to maximize the good, as is often assumed. His was neither a maximizing act nor rule utilitarianism. It was a distinctive minimizing utilitarianism which morally obligates us only to abstain from inflicting harm, to prevent harm, to provide for others minimal essentials of well being (to which rights correspond), and to be occasionally charitable or benevolent.

This paper presents two objections to Milan Kundera’s definition of graphomania.