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)

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)

My paper discusses the philosophical interrelationship between perfection, truth, and knowledge. The connection that exists between these three concepts underscores the argument of my paper that they are all one and the same thing. -/- The concepts of perfection, truth and knowledge are analysed in that order. I analyse perfection and demonstrate the practicalities of my arguments. Truth is then scrutinized and defined to illustrate its intimate relationship with perfection leading to the conclusion that knowledge being ‘truth that is perfect’. (...) -/- In dealing with the theory of knowledge, I take into account the justification of knowledge and highlighted arguments that I found to be insufficient. I derive a premise to refute and replace both the traditional and contemporary views of knowledge. -/- In the paper presented, I consider views of some prominent philosophers including; Locke, Russell, Plato, Aristotle and Leibniz. (shrink)

According to some critics, Aristotle’s elenctic defence (elenchos, elenchus) of the Law of Non-Contradiction (Metaphysics IV) would be ineffective because it viciously begs the question. After briefly recalling the elenctic refutation of the denier of the Law of Non-Contradiction, I will first focus on Filippo Costantini’s objection to the elenchus, which, in turn, is based on the dialetheic account of negation developed by Graham Priest. Then, I will argue that there is at least one reading of the elenchus that (...) might not be viciously question-begging. In doing so, I will leverage, reinterpret and adjust the distinction between two senses of epistemic dependence, offered by Noah Lemos and originally based on some thoughts about George Edward Moore’s ‘proof of an external world.’ The key point of my counter-objection to recover the elenchus is to use the distinction between a necessary-condition relation between propositions (p only if q) and a grounding relation between facts (the fact that an epistemic agent S believes that p is grounded in the fact that S believes that q), where p and q are the content of S’s beliefs. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Newton's Metaphysics: Essays by Eric SchliesserMarius StanEric Schliesser. Newton's Metaphysics: Essays. Oxford: Oxford University Press, 2021. Pp. 328. Hardback, $99.90.Newton owes his high regard to the quantitative science he left us, but his overall picture of the world had some robustly metaphysical threads woven in as well. Posthumous judgment about the value of these threads has varied wildly. Christian Wolff thought him a metaphysical rustic, as did Hans (...) Reichenbach some two centuries later ("Die Bewegungslehre bei Newton, Leibniz und Huygens," Kant-Studien 29 [1924]: 416–38). In the 1960s, the tide would turn, as Howard Stein and James Edward McGuire separately began to show that Newton's metaphysics was not just sophisticated, but often more compelling than its early modern alternatives (see respectively "Newtonian Spacetime," Texas Quarterly 10 [1967]: 174–200; and Tradition and Innovation: Newton's Metaphysics of Nature [Dordrecht: Kluwer Academic Publishers, 1995]). Eric Schliesser's book unfolds in that same register of appreciative, high scholarship, and it attests to the enduring attraction of its subject.The book grew out of previous discrete papers, to which he added a few more for this occasion. Accordingly, it does not come with a master argument. Rather, it is an in-depth exploration of some key metaphysical themes in Newton. As such, it befits its subject figure, who reflected on themes and concepts while stopping short of working out systems.The first major theme is Newton and Spinozism. The latter does not denote Spinoza's metaphysics. In fact, Schliesser explains, Newton shared with Spinoza some weighty commitments, for example, to space being actually infinite, and to substance monism: "for Newton, there is strictly speaking only one genuine substance," namely, God (33). Rather, "Spinozism" is an interpreter's category for a bundle of three theses: identifying God and nature; denying final causation in the physical world; and the assumption of "blind" metaphysical necessity. Some counted Hobbes and John Toland as Spinozist in this sense, and even Epicurus, avant la lettre. Newton and his followers argued vehemently against this package, as Schliesser shows in chapters 4, 5, and 8. Their chief complaint was that Spinozism is unable to account for the "origin of motion," for a certain type of order, and for the stability of cosmological structure—and to do so in a way that "meets the standards of Newtonian mechanics" (122). This interpretive lens allows Schliesser to draw Kant in, by reading his youthful Theory of Heaven as a possible Spinozist reply to their objections (chapter 3). [End Page 157]A second theme is the metaphysics of mechanics, where Schliesser weaves together several strands. One is the ontology of gravity, for which he offers a novel construal: for Newton, gravity counts as real, but in a qualified sense. Namely, it is not essential and not intrinsic: "even after creation, a lonely partless particle of matter in the universe would not be said to gravitate." And gravity is relational: a "shared quality" of two or more bits of matter, which obtains in virtue of their sharing a nature (19). Another strand is Newton's ontology of time—really, a subtle, difficult topic long neglected. Famously, Newton in Principia defends absolute, true, and mathematical time. The question is what these three qualifiers denote, and whether Newton thought they were synonymous. Schliesser in chapter 7 argues for the provocative view that "absolute" and "true" time are not identical concepts; rather, they pick out different entities. These entities share a common structure, namely, metric and topological. That makes them species of "mathematical" time (179). But, Schliesser contends, Newton has unequal warrant for his two concepts of time.Yet another theme is formal causation. It comes to the fore in chapter 5, which grapples with Newton's opaque idea that space is an "emanative effect." Schliesser explains that here, "emanation picks out a species of formal causation" (147), but in a novel, early modern sense that comes from Bacon, not Aristotle. If space has a formal cause, then so has its twin brother, time, the topic of chapter 7. God is their common formal cause. Then in chapter 6 (coauthored with Zvi Biener) Schliesser adds that, for Newton, laws... (shrink)

In response to my argument against Aristotle’s claim that humans are more political than other animals, Edward Jacobs counters that the evidence I use from cognitive ethology and my application of evolutionary principles fail to demonstrate that other animals are as political as humans. Jacobs furthermore suggests that humans are more political than other animals by pointing to the political variation in human communities. In this article, I defend my use of evolutionary principles and my interpretation of anecdotes (...) from cognitive ethology, while challenging Jacobs’s assertion that human political variation implies that humans are more political than other animals. (shrink)

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

This document briefly summarizes several objections to Thomas Kuhn on science, including by Feyerabend, Davidson, and Fodor.

Apparently the Western philosophical tradition has (wrongly) preferred speech over writing – so claims Jacques Derrida. In this paper, I consider whether utilitarianism involves such a preference. There are at least two arguments against the claim.

Jeanette Edwards sounds as if she wishes to reject the question “Why did you do fieldwork there?” I propose a metaphysical route to this, which is to say, “The self before fieldwork is not my self,” but this conflicts with the traditional Lockean account of personal identity.

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)

In her paper ‘An Awkward Relationship: the Case of Feminism and Anthropology’, Marilyn Strathern argues that feminist research cannot produce a paradigm shift in social anthropology. I reconstruct her arguments and evaluate them, revealing that they are insufficient for ruling out this possibility.

This paper presents two accounts of how Oedipus might have arrived at the answer to the Sphinx's riddle by proceeding methodically.

In his Edifying Discourses, Soren Kierkegaard published a sermon entitled ‘The Unchangeableness of God’ in which he reiterated the dogma which dominated Catholic, Protestant and even Jewish expressions of classical supernaturalist theology from the first century A.D. until the advent of process theology in the twentieth century. The dogma that as a perfect being, God must be totally unchanging in every conceivable respect was expressed by Kierkegaard in such ways as: He changes all, Himself unchanged. When everything seems stable and (...) in the overturn of all things, He remains equally unchanged; no change touches Him, not even the shadow of a change; in unaltered clearness He, the father of lights, remained eternally unchanged. 1. (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.

Why do a conceptual analysis on a word that we already know how to use? Marilyn Strathern provides some information on garden cities and suburbs which suggests a novel solution to me.

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

This paper evaluates a form of dualism, which is referred to here as the dualism of conceptual scheme and undifferentiated reality. According to this dualism, although reality appears to be divided into distinct things from the perspective of our system of concepts, it is actually not. I justify the view that this dualism is incoherent.

This paper considers two explanations for why the main character of Flora Nwapa’s novel One is Enough does not answer the question of how many times her mother-in-law has visited. One of these is a variation on the surprise exam paradox.

This paper observes that P. F. Strawson’s distinction between descriptive and revisionary metaphysics is a baffling one from the perspective of traditional metaphysics. If one thinks of metaphysics as the study of the fundamental nature of reality, it is bewildering to divide up metaphysics in this way. The paper then tries to show how the distinction is no longer bewildering if we deny that such study is possible.

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

One way of trying to justify the thesis of the underdetermination of scientific theories is by actual examples. In this paper, I present a paradox which arises from trying to justify the thesis in this way.

This paper identifies three positions on the relationship between language and experience, the third of which I was not acquainted with before from my reading. It seems absurd.

This paper evaluates an argument from Donald Davidson against alternative conceptual schemes. The argument can be divided into two stages. In the first stage it is argued that only pluralities can be organized. In the second stage it is argued that if our conceptual scheme organizes a plurality and someone else’s scheme also organizes that plurality, there must be a set of common concepts, hence someone else’s scheme can never be an alternative scheme to ours. I object to the first (...) stage of the argument. (shrink)

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

This paper explores the Cartesian physics of circular motion, in particular, the long-standing puzzle concerning the possible role of a circular inertial concept in Descartes' theories. Although some commentators have claimed that Descartes' famous "rotating sling" examples favor a rotational component of "striving" towards motion, and that this aspect of his project constitutes a form of inertial thinking, it will be argued that a much stronger case for a Cartesian brand of rotational inertial motion can be constructed from a little-known (...) correspondence, the letter to Ciermans, dated 1638. (shrink)

This paper responds to Mary Beard’s assessment of the claim that Frazer’s book The Golden Bough was popular because it provided practical aid for colonialists. Beard rejects this as an inadequate explanation: reference to colonialism is part of an adequate explanation, but a full explanation must go beyond this particular ism. I present two objections to the case she makes for her inadequacy conclusion, though I don’t think his book aided much with colonialism.

A review of some major topics of debate in normative decision theory from circa 2007 to 2019. Topics discussed include the ongoing debate between causal and evidential decision theory, decision instability, risk-weighted expected utility theory, decision-making with incomplete preferences, and decision-making with imprecise credences.

This paper examines another criticism of Milan Kundera apart from the familiar charge of sexism: that his representations of crowds are overly negative. It is made in a paper by Martha Kuhlman. I agree that Kundera generally depicts crowds in a negative light, but I also observe that there are major and puzzling differences between novels when it comes to details, which I believe is intentional.

When Milan Kundera introduces the concept of graphomania, he seems to register only two extremes: the person who writes for a few known people and the person who writes for a very large audience. Joe Horton’s all-or-nothing problem provides a way of making sense of this conceptualization of the situation, though in a way that breaks with Kundera’s emphasis on a writer’s craving for audience attention.

Adam Smith recommends specialization but I present a problem of when you are stuck with a certain apprentice but they don’t seem suited to your specialism. If you were less specialized or more versatile, you could solve the problem.

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 presents a puzzle that occurred to me while reading Milan Kundera defining graphomania: a mania for writing books for an unknown public. I also present a solution.

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)

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 observe that the aim and method of a Victorian text within Shakespeare criticism overlaps significantly with deconstruction.

This paper proposes that Fodor has, or had, a personal reason to avoid the creative writing department, to do with his opposition to inferential role semantics.

By means of a brief Socratic dialogue, I consider the question of whether organizing involves destruction, prefaced by a poem of course.

In this brief paper, I present some counterexamples to Donald Davidson’s claim that the notion of organizing only applies to pluralities.

This paper responds to a paradox Marilyn Strathern raises concerning who endorses a community first model of the village of Elmdon, according to which it is a community and the good of the community should take priority over individual interests. It is middle-class newcomers, whose peripheral position requires greatest sacrifice from them, if the model is to be implemented. I propose two solutions to the puzzle.

In her book on the English village of Elmdon, the anthropologist Marilyn Strathern identifies an assumption made by villagers: that much as Elmdon has a set of real Elmdon families, long associated with the place, so other villages also have their real families. I present an argument in favour of the assumption; the argument is an informal model.

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

From an observation by the poet Paul Valéry, I argue that rhyme schemes, while constraining, also enable the poet to achieve autonomy from various surrounding influences, such as the domestic and the political. The demand to keep to the rhyme scheme takes priority, reducing the likelihood of these dominating.

This paper responds to an essay by Elena Ferrante on male literary figures acknowledging the influence of female ones. She poses a question about her reception by males which I address.

How well do we understand our own societies? In this paper, I raise quite obvious puzzles for Diego Gambetta and Gloria Origgi’s depiction of Italy as a kakonomy and Kathleen Stock’s depiction of ordinary people.

British structural-functionalist anthropology famously faces an objection that it is incapable of dealing with the influence of wider processes. An analytical response to this objection, which at least needs to be registered, is that some wider processes can be ignored when there is causal overdetermination.

ABSTRACT According to comparativism, comparative confidence is more fundamental than absolute confidence. In two recent AJP papers, Stefánsson has argued that comparativism is capable of explaining interpersonal confidence comparisons. In this paper, I will argue that Stefansson’s proposed explanation is inadequate; that we have good reasons to think that comparativism cannot handle interpersonal comparisons; and that the best explanation of interpersonal comparisons requires thinking about confidence in a fundamentally different way than that which comparativists propose: specifically, we should think of (...) confidence as a dimensionless quantity. (shrink)

Joseph Raz claims that the fundamental principles of morality and politics are satiable: there is a point at which one has fulfilled them. I argue that Raz cannot consistently endorse this claim, given his approach to saving lives.

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.