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.

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)

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)

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 paper argues in the first place that nominalists are right in insisting against ontological realists that semantic universality does not require commitment to universal entities. However, Ockham, in his zeal to get rid of Scotus’s universal entities, swept under the carpet the issue of universal representational content of genuinely universal symbols, conflating it with the mere indifference of the information content of non-distinctive singular representations. Buridan did come up with an abstractionist theory of the formation of genuinely universal representational (...) content to solve the resulting issues, however, the paper argues further, his solution is committed to attributing the sort of “aspectuality” to universal absolute concepts that his Ockhamist semantics denies to them. The conclusion of the paper suggests how Aquinas’s “moderate realism” can provide a consistent solution without the ontological extravaganza of ontological realists, without conflating the mere indifference of singular representation with genuine universality, and without having to deny aspectuality to our quidditative universal concepts formed by abstraction. (shrink)

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)

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)

An attempt at a Montague-style reconstruction of the semantics of Buridan's logic on a regimented fragment of Latin.

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)

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.

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)

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.

The article investigates the treatment of modality in chapters 12 and 13 of De Interpretatione and gives a new interpretation of the puzzling table of modals to be found at the beginning of chapter 13, as well as dealing with some of Aristotle’s puzzles. This is achieved by extending Aristotle’s distinction between two senses of possibility, which (following Ackrill) I call ‘one-sided’ and ‘two-sided’, to the two notions of necessity and impossibility. The conclusion is reached that, while the two notions (...) of necessity and impossibility are logically incompatible when both are taken as one-sided, in their two-sided senses they are in fact equivalent. (shrink)

Stanisław Lem, a philosopher and futurologist, in his many works devoted much attention to the condition of human and the relation between human and technology. He coined the term ‘autoevolution’ in the course of forecasting unlimited technological augmentation of human abilities. Nowadays, the term may be associated with the conceptions presented by transhumanism, a 20th-century-born philosophical movement which advocates radical transformation of Homo sapiens by means of the achievements of scientific and technological progress. Lem’s attitude towards such a transformation of (...) human is complicated yet ultimately critical due to the fact that it poses a threat to human culture as such. The phenomenon of autoevolution undermines existing values and raises a question of authenticity of a future posthuman. We examine dependence between technology and culture, present Lem’s conception of autoevolution and his philosophy of culture, then we sketch a post-metaphysical dispute about authenticity, and finally show that Lem’s thought belongs to one of the arguing sides. (shrink)

I consider the opening to a paper by Jerry Fodor referring to graffiti in the subway stations and what Helen Beebee once said about it in her essay writing guide. I used to just pass over that stuff, but now I find it may be more important.

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

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

This paper explores the possibility of constructing a Cartesian space-time that can resolve the dilemma posed by a famous argument from Newton's early essay, De gravitatione. In particular, Huygens' concept of a center-of-mass reference frame is utilized in an attempt to reconcile Descartes' relationalist theory of space and motion with both the Cartesian analysis of bodily impact and conservation law for quantity of motion. After presenting a modern formulation of a Cartesian space-time employing Huygens' frames, a series of Newtonian counter-replies (...) are developed in order to estimate the viability of this relationalist project. (shrink)

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 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.

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.

In a section of his book Anarchy, State, and Utopia entitled “Macro and Micro,” Nozick makes objections of a certain kind to Rawls. In this paper, I draw attention to a macro and micro objection that scattered material in that book entails.

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

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)

A brief handout summarizing Andrew Lang's criticisms of Frazer.

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)

How must you think about time when you form an intention? Obviously, you must think about the time of action. Must you frame the action in any broader prospect or retrospect? In this essay I argue that you must: you thereby commit yourself to a specific prospect of a future retrospect – a retrospect, indeed, on that very prospect. In forming an intention you project a future from which you will not ask regretfully, referring back to your follow-through on that (...) intention, “What on earth was I thinking?” I argue that this broader attitude expresses the self-accountability necessary for practical commitment. (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 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 is a one page handout presenting some objections A.R. Radcliffe-Brown makes to Frazer on rites and Frazer's evolutionism.

Marilyn Strathern argues against the possibility of feminist research bringing about a paradigm shift in social anthropology. In an earlier paper, my interpretation of Strathern’s argument, or one of them, is similar to Janaki Nair’s response in broad outline. But it is different in detail and I also object to Strathern’s argument, whereas Nair endorses the argument she extracts. Here I identify differences and I object to the Nair-Strathern argument as well.

This article traces the development of Sartre's metaphysics with three interrelated aims in mind. The first is to situate Sartre's metaphysical views in relation to those of his predecessors, his contemporaries, and current continental philosophy. The second is to show that Sartre's project informs some of the key changes he makes to his existentialism during his career. The third is to bring Sartre the metaphysician into dialogue with key thinkers in the current realism/antirealism debate in Continental philosophy by showing that (...) the defense of materialism he offers in his later work preserves many hard-won insights of phenomenology and has significant advantages over many contemporary articulations of realism. (shrink)

This paper presents a relativistic interpretation of Elizabeth Colson's paradox of empathy and a solution.

I present two interpretations of Max Beerbohm’s pastiche “The Feast.” Both interpretations seem as if they cannot survive forceful questioning, which asks, “Why should we think that?” And yet we, or at least I, find them worth attending to. Why? I propose an answer.

This article argues that the hypothetical 'I Can' position of Sir David Ross is incompatible with his determinism.

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).

George Bernard Shaw did various things to make his essays readable, such as using short sections. In this paper, I raise the worry that they are at risk of being replaced by vocabulary and sayings from folk culture.

This paper presents a Davidsonian perspective on Derek Parfit’s disagreements with Nietzsche. I have actually gone further, too far perhaps, and tried to imitate Davidson’s attractive essayistic style.

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

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)

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.

How can we explain why certain historically discriminated groups are under-represented in English-speaking analytic philosophy? I present a hypothesis which appeals to rules, rather than relying upon the social theories of Pierre Bourdieu. I do by means of an attempted pastiche of Renata Salecl, my third attempt.

This brief paper presents a problem: the specialist on specialization must seek to know the value of specialization across different fields, but that would seem to make them non-specialized. I also propose solutions.

This paper contains my second attempt to pastiche the Lacanian philosopher and social theorist Renata Salecl. The pastiche responds to the theories of social inequality and education of Pierre Bourdieu.

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.