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

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

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.

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 outlining an interpretation of Simone de Beauvoir which draws heavily upon material from the analytic tradition of philosophy.

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.

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 objections from Gluckman's book Politics, Law, and Ritual in Tribal Society.

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

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

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, 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 summarizing some information on how people in the village of Elmdon use the concept of being real Elmdon.

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 different attempts to understand claims of the form "Everyone knows X.".

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.

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.

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)

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)

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)

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

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)

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 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.

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)

Possible worlds models of belief have difficulties accounting for unawareness, the inability to entertain (and hence believe) certain propositions. Accommodating unawareness is important for adequately modelling epistemic states, and representing the informational content to which agents have in principle access given their explicit beliefs. In this paper, I develop a model of explicit belief, awareness, and informational content, along with an sound and complete axiomatisation. I furthermore defend the model against the seminal impossibility result of Dekel, Lipman and Rustichini, according (...) to which three intuitive conditions preclude non-trivial unawareness on any possible worlds model of belief. (shrink)

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

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī. (shrink)

Imprecise probabilities are often modelled with representors, or sets of probability functions. In the recent literature, two ways of interpreting representors have emerged as especially prominent: vagueness interpretations, according to which each probability function in the set represents how the agent's beliefs would be if any vagueness were precisified away; and comparativist interpretations, according to which the set represents those comparative confidence relations that are common to all probability functions therein. I argue that these interpretations have some important limitations. I (...) also propose an alternative—the functional interpretation—according to which representors are best interpreted by reference to the roles they play in the theories that make use of them. (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.

The standard representation theorem for expected utility theory tells us that if a subject’s preferences conform to certain axioms, then she can be represented as maximising her expected utility given a particular set of credences and utilities—and, moreover, that having those credences and utilities is the only way that she could be maximising her expected utility. However, the kinds of agents these theorems seem apt to tell us anything about are highly idealised, being always probabilistically coherent with infinitely precise degrees (...) of belief and full knowledge of all a priori truths. Ordinary subjects do not look very rational when compared to the kinds of agents usually talked about in decision theory. In this paper, I will develop an expected utility representation theorem aimed at the representation of those who are neither probabilistically coherent, logically omniscient, nor expected utility maximisers across the board—that is, agents who are frequently irrational. The agents in question may be deductively fallible, have incoherent credences, limited representational capacities, and fail to maximise expected utility for all but a limited class of gambles. (shrink)

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.

This paper presents a structural-functionalist solution to a paradox that historian of anthropology George Stocking dug up: from the point of view of parts of the Victorian middle class, Victorian society was highly evolved yet also contained savage components.

Can a reason to believe testimony derive from the addressee’s trust itself or only from reliability in the speaker that the trust perhaps causes? I aim to cast suspicion on the former view, defended by Faulkner, in favor of the latter – despite agreeing with Faulkner’s emphasis on the second-personal normativity of testimonial assurance. Beyond my narrow disagreement with Faulkner lie two broader issues. I argue that Faulkner misappropriates Bernard Williams’s genealogy of testimony when he makes use of Williams’s genealogical (...) argument in his own preferred assurance view of testimony. Though Williams doesn’t clearly articulate it, there is a deep reason why Williams’s genealogy cannot underwrite an argument for trust-based testimonial reasons. Can a genealogical argument underwrite any version of the assurance view? I sketch an assurance view of testimonial reasons that rejects Faulkner’s thesis that such reasons could be grounded in trust. Then I examine what it would take for that assurance view to receive genealogical vindication. (shrink)

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

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.

Historian of anthropology George Stocking tells us: from the point of view of parts of the Victorian middle class, Victorian society was highly evolved yet also contained savage components. Why don’t they change their ways, or why didn’t they? There is a Quinean solution.

In this paper, I present a response to the surprise exam paradox which may be of some use to someone. It is somewhat frightening for me.

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.

I introduce and examine an argument presented by American anthropologist Herbert S. Lewis against thinking that British anthropology played a significant role in supporting colonialist projects: the British empire was large and centuries old, so it seems very unlikely that two dozen anthropologists late on made much difference.

Brian Leftow has argued in significant detail for a timeless conception of God. However, his work has been interacted with less than one might expect, especially given that some have contended that divine timelessness should be put to death and buried. Further, the work that has critically interacted with Leftow does a very poor job at discrediting it, or so I will contend. As we shall see, the main reason for this is either because what is central to Leftow’s view (...) is not affected by the objection, or because Leftow provides another way of getting his theory off the ground. Why, then, do so many objections miss the mark? I suspect it’s because many struggle to understand Leftow’s view and what is central to it. As such, one of the main goals of this paper will be to make Leftow’s account more accessible and to elucidate the main elements of the theory, whilst also providing responses to the main objections raised against his view. The overall result of this, I hope, will be a more fruitful examination of Leftow’s view in the future. (shrink)

This paper presents a dialogue between Tompkins and a character whom I refer to as N. Tompkins asks, “How do we get into the big leagues?” N’s response is to emphasize quantity. This suggests a solution to the paradox.

Les théories de la mécanique quantique et de la gravité quantique exigent-elles que l’espace-temps soit un trait fondamental de bas niveau, ou l’espace-temps peut-il être conçu comme un élément émergent de ces théories? Tandis que plusieurs commentateurs ont émis de sérieux doutes sur l’idée de se dispenser de l’arrière-plan d’un espace-temps standard, nous ferons valoir qu’une défense de ces interprétations de l’espace-temps émergeant des hypothèses de la mécanique et de la gravité quantiques peut être conduite soit par inférence à la (...) meilleure explication, soit en mobilisant une autre stratégie. De plus, on montrera que l’idée que l’espace et le temps peuvent émerger d’un niveau du réel tout à fait différent et non spatiotemporel a des précédents historiques variés, en particulier aux xviie et xviiie siècles. Cette prise de conscience peut aider à dissiper une partie du mystère associé à ces types d’hypothèses. (shrink)