Cette étude montre comment le météorologue Edward Lorenz, dans deux articles de 1963 et 1964, explore les propriétés des systèmes chaotiques par des allers-retours entre une déduction mathématique (basée sur la théorie des systèmes dynamiques) et une étude des solutions numériques du système dit « de Lorenz » dans un régime d’instabilité. This study aims at showing how the metereologist Edward Lorenz, in two papers of 1963 and 1964, explores the properties of chaotic systems thanks (...) to the interplay between a mathematical deduction (based on dynamical systems theory) and a study of the mathematical solutions of the Lorenz system in an instability regime. (shrink)

Information technology (IT) is continuously making astounding progress in technical efficiency. The time, space, material and energy needed to provide a unit of IT service have decreased by three orders of magnitude since the first personal computer (PC) was sold. However, it seems difficult for society to translate IT’s efficiency progress into progress in terms of individual, organizational or socio-economic goals. In particular it seems to be difficult for individuals to work more efficiently, for organizations to be more productive and (...) for the socio-economic system to be more sustainable by using increasingly efficient IT. This article provides empirical evidence and potential explanations for this problem. Many counterproductive effects of IT can be explained economically by rebound effects. Beyond that, we conclude that the technological determinism adopted by decision-makers is the main obstacle in translating IT’s progress into non-technical goals. (shrink)

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

The right to justification is the central tenet of Rainer Forst's theory of justice: every person has the moral right to receive justification for morally relevant actions. This approach is instructive also from a jurisprudential perspective. One important purpose of the law is to force state authorities to provide justifications for their actions. Therefore, based on the right to legal equality, justification must be provided for any unequal treatment. Likewise, restrictions of fundamental rights in a constitutional state are subject to (...) accountability as well. Binding decisions and judgements must also be justified. Currently, the obligation of argument remains poorly developed on a transnational level. It is therefore important to implement obligations for justification in this context as well. (shrink)

Strong arguments have been formulated that the computational limits of disembodied artificial intelligence (AI) will, sooner or later, be a problem that needs to be addressed. Similarly, convincing cases for how embodied forms of AI can exceed these limits makes for worthwhile research avenues. This paper discusses how embodied cognition brings with it other forms of information integration and decision-making consequences that typically involve discussions of machine cognition and similarly, machine consciousness. N. Katherine Hayles’s novel conception of nonconscious cognition in (...) her analysis of the human cognition-consciousness connection is discussed in relation to how nonconscious cognition can be envisioned and exacerbated in embodied AI. Similarly, this paper offers a way of understanding the concept of suffering in a way that is different than the conventional sense of attributing it to either a purely physical state or a conscious state, instead of grounding at least a type of suffering in this form of cognition. (shrink)

The german „Politik“ is very comprehensive. Different theorists had a fundamentally different understandig of the term. We can distinguish between a realistic and a idealistic approach. The first is represented especially by Carl Schmitt and Max Weber, the second by Hannah Arendt and ancient greek thinkers (Plato, Aristotle). These different views can’t be synthesized. „Politik“ ist characterized by its generality. Politically is decided, what - within a certain territory - is binding for everyone. Therefore „Politik“ is inseparably connected with power. (...) Moreover, „Politik“ has got a creative element. In sum, „Politik“ means guiding the public affairs in a generally binding and powerful way. (shrink)

The Sure-Thing Principle famously appears in Savage’s axiomatization of Subjective Expected Utility. Yet Savage introduces it only as an informal, overarching dominance condition motivating his separability postulate P2 and his state-independence postulate P3. Once these axioms are introduced, by and large, he does not discuss the principle any more. In this note, we pick up the analysis of the Sure-Thing Principle where Savage left it. In particular, we show that each of P2 and P3 is equivalent to a dominance condition; (...) that they strengthen in different directions a common, basic dominance axiom; and that they can be explicitly combined in a unified dominance condition that is a candidate formal statement for the Sure-Thing Principle. Based on elementary proofs, our results shed light on some of the most fundamental properties of rational choice under uncertainty. In particular they imply, as corollaries, potential simplifications for Savage’s and the Anscombe- Aumann axiomatizations of Subjective Expected Utility. Most surprisingly perhaps, they reveal that in Savage’s axiomatization, P3 can be weakened to a natural strengthening of so-called Obvious Dominance. (shrink)

The workshop took place in Leuven, Belgium, and was hosted by the KU Leuven's Centre for Logic and Analytic Philosophy. The workshop’s theme was the syntactical treatment of (alethic, epistemic, etc.) modalities. The standard view on modalities nowadays is that they are operators. Syntactic theories, however, treat modalities as predicates, and thus have to assume a background theory which is sufficiently strong to encode its own formulas (usually, one works with some system of arithmetic and Gödel coding). As a consequence, (...) such theories suffer from paradoxes of self-referentiality. For example, just as the liar sentence states of itself that it is false, the knower sentence states of itself that it is unknown. Kaplan and Montague (1960: 'A paradox regained', Notre Dame J. Formal Logic, vol. 1, pp. 79–90) famously showed that any sufficiently strong theory that contains the knower is inconsistent. (shrink)

According to comparativism, degrees of belief are reducible to a system of purely ordinal comparisons of relative confidence. (For example, being more confident that P than that Q, or being equally confident that P and that Q.) In this paper, I raise several general challenges for comparativism, relating to (i) its capacity to illuminate apparently meaningful claims regarding intervals and ratios of strengths of belief, (ii) its capacity to draw enough intuitively meaningful and theoretically relevant distinctions between doxastic states, and (...) (iii) its capacity to handle common instances of irrationality. (shrink)

Human rights have a legal and a moral side. In the context of this contribution and from the legal‐philosophical aspect, two characteristics are particularly important in the distinction between law and morals. Law is enacted and set forth in a formalised manner, while morals take effect in an informal way; and law is backed by an institutional system that guarantees sufficient dependability of enforcement (while morals are enforced by means of spontaneous social processes). As regards the classification of human rights, (...) we must differentiate between their domestic, European and global spheres of application: in western constitutional states, human rights are fully juridified as fundamental rights; they are thus both juridical and moral rights. They have likewise assumed a juridical character in the European framework, in particular through the ECHR system, while at the same time remaining moral rights. At a global level, in contrast, there are still substantial deficits in their enforcement. In a long and continuing process, however, the enforcement mechanisms are being progressively strengthened. Human rights are thus at global level now moral rights that are increasingly attaining juridical validity. (shrink)

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)

»Aber wenn ich höre, alles andere habe vor dem Schutz des Lebens zurückzutreten, dann muss ich sagen: Das ist in dieser Absolutheit nicht richtig. Grundrechte beschränken sich gegenseitig. Wenn es überhaupt einen absoluten Wert in unserem Grundgesetz gibt, dann ist das die Würde des Menschen. Die ist unantastbar. Aber sie schließt nicht aus, dass wir sterben müssen.« So äußerte sich Wolfgang Schäuble im April 2020 im Zusammenhang mit den Maßnahmen gegen die Corona-Pandemie. Die fundamentale Stellung der Menschenwürde, die Schäuble in (...) seiner Aussage hervorhob, steht außer Streit. Der Schutz der Würde des Menschen bildet so etwas wie den Ankerpunkt, das Umwillen der Rechtsordnung. Was die Menschenwürde genau bedeutet, ist jedoch alles andere als klar. In der juristischen Literatur kommt die Schwierigkeit, die bei der Bestimmung des Begriffs besteht, vielfach zum Ausdruck. In den Kommentaren zum Grundgesetz wird etwa festgestellt, dass es einen allgemein akzeptierten, dogmatisch präzisen Rechtsbegriff der Menschenwürde nicht gebe. Ein operabler Begriff der Menschenwürde harre immer noch der Entwicklung. Das Zusammentreffen von fundamentaler Bedeutung und inhaltlicher Unbestimmtheit ruft nach theoretischer Reflexion. Dabei ist klar, dass gerade in der relativen Unschärfe und Offenheit des Begriffs der Menschenwürde auch ein Vorzug liegt. Gerade weil dieses Konzept so vage ist, kann es einen konsensfähigen Grund kollektiver Ordnung bilden. Die folgenden Überlegungen wollen dem Rechnung tragen und sind nicht von der Absicht geleitet, den Begriff abschließend zu definieren. Eher liegt das Ziel der Studie in einer Annäherung an den begrifflichen Gehalt der Menschenwürde. Disziplinär ist die folgende Untersuchung in erster Linie der Philosophie zuzuordnen, insbesondere der Rechts- und Moralphilosophie. Es handelt sich nicht um eine rechtswissenschaftlich-dogmatische Arbeit. Das Ziel der Arbeit besteht mithin nicht darin, den Rechtsbegriff der Menschenwürde auszulegen. Jedoch hat die Studie auch eine rechtlich-praktische Zielrichtung. Sie soll, auf philosophischer Grundlage, auch den Rechtsbegriff der Menschenwürde besser verstehen helfen und damit auch der juristischen Interpretation dienlich sein. Im dritten Teil wird die Arbeit daher Bezüge zum positiven Recht herstellen und eine juristische Interpretation des Begriffs vorschlagen. Bevor die Untersuchung einsetzt, ist eine kurze Verständigung darüber nötig, von welchem Begriff der Menschenwürde im Folgenden ausgegangen wird. Der Begriff kann unterschiedlich verstanden werden. Insbesondere bestehen Vorstellungen einer (wie man sagen kann) inhärenten und einer kontingenten Würde. Nach der ersten Vorstellung hat jeder Mensch eine Würde, die er nicht verlieren kann. Nach der zweiten Vorstellung ist Würde dagegen etwas, das ein Mensch je nachdem in größerem oder kleinerem Ausmaß besitzt. Die folgenden Überlegungen gehen von der Idee der inhärenten Würde aus. Diese Würde kann verletzt oder missachtet werden, sie kann dem Menschen aber nie eigentlich genommen werden. Die Menschenwürde auch in diesem Sinn basiert jedoch auf einer Zuschreibung. Der Mensch hat Würde nicht, wie er zwei Beine hat. Die menschliche Gemeinschaft schreibt sie ihm als unverlierbar zu. Es handelt sich bei dieser Zuschreibung mithin nicht um eine deskriptive, sondern um eine präskriptive Aussage. Gerade darin manifestiert sich der unverlierbare Gehalt der menschlichen Würde – denn in einem deskriptiven Sinn verstanden, kann diese durchaus verloren gehen. Ein Mensch kann faktisch unwürdig leben, entwürdigt werden, seiner Würde verlustig gehen. Das präskriptive Verständnis dagegen statuiert eine Würde, die alle faktischen Gegebenheiten überdauert und in jedem Fall besteht. Die folgenden Untersuchungen wollen diese Würde erläutern, aber nicht begründen. Denn nach hier vertretenem Verständnis bildet die Menschenwürde selbst den Grund der normativen Forderungen von Moral und Recht. Es gibt insoweit nichts weiter zu begründen – während die Würde, wie aufgezeigt werden soll, tatsächlich den Grund der Menschenrechte bildet. Insoweit – beim Verhältnis zwischen Menschenwürde und Menschenrechten – liegt ein Begründungsverhältnis vor. Dieses wird vor allem im zweiten Teil der Arbeit näher diskutiert. Im ersten Teil soll versucht werden, in einem allgemeinen, moralphilosophischen Sinn ein Verständnis der menschlichen Würde zu gewinnen. Dazu ist es zunächst nötig, sich die wichtigsten bestehenden Theorien zur Menschenwürde zu vergegenwärtigen. Die Auseinandersetzung mit diesen Theorien wird ein Defizit aufzeigen. Diesen Analysen schließt sich eine eigene Interpretation an, die am Schluss des ersten Teils mit einigen möglichen Gegenargumenten konfrontiert werden soll. (shrink)

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.

According to the iterative conception of set, each set is a collection of sets formed prior to it. The notion of priority here plays an essential role in explanations of why contradiction-inducing sets, such as the Russell set, do not exist. Consequently, these explanations are successful only to the extent that a satisfactory priority relation is made out. I argue that attempts to do this have fallen short: understanding priority in a straightforwardly constructivist sense threatens the coherence of the empty (...) set and raises serious epistemological concerns; but the leading realist interpretations---ontological and modal interpretations of priority---are deeply problematic as well. I conclude that the purported explanatory virtues of the iterative conception are, at present, unfounded. (shrink)

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 essay examines the music of Radiohead as a means of introducing various elementary concepts and theories in the philosophy of music.

This essay utilizes the work of the comedy group, Monty Python, as a means of introducing basic concepts in Existentialism, especially as it pertains to the writings of Nietzsche, Sartre, and Camus.

Rather than eliminate the terms "mental health and illness" because of the grave moral consequences of psychiatric labeling, conservative definitions are proposed and defended. Mental health is rational autonomy, and mental illness is the sustained loss of such. Key terms are explained, advantages are explored, and alternative concepts are criticized. The value and descriptive components of all such definitions are consciously acknowledged. Where rational autonomy is intact, mental hospitals and psychotherapists should not think of themselves as treating an illness. Instead, (...) they are functioning as applied axiologists, moral educators, spiritual mentors, etc. They deal with what Szasz has called "personal, social, and ethical problems in living." But mental illness is real. (shrink)

According to the preference-centric approach to understanding partial belief, the connection between partial beliefs and preferences is key to understanding what partial beliefs are and how they’re measured. As Ramsey put it, the ‘degree of a belief is a causal property of it, which we can express vaguely as the extent to which we are prepared to act on it’ The Foundations of Mathematics and Other Logical Essays, Routledge, Oxon, pp 156–198, 1931). But this idea is not as popular as (...) it once was. Nowadays, the preference-centric approach is frequently dismissed out-of-hand as behaviouristic, unpalatably anti-realist, and/or prone to devastating counterexamples. Cases like Eriksson and Hájek’s :183–213, 2007) preferenceless Zen monk and Christensen’s :356–376, 2001) other roles argument have suggested to many that any account of partial belief that ties them too closely to preferences is irretrievably flawed. In this paper I provide a defence of preference-centric accounts of partial belief. (shrink)

One response to the problem of logical omniscience in standard possible worlds models of belief is to extend the space of worlds so as to include impossible worlds. It is natural to think that essentially the same strategy can be applied to probabilistic models of partial belief, for which parallel problems also arise. In this paper, I note a difficulty with the inclusion of impossible worlds into probabilistic models. Under weak assumptions about the space of worlds, most of the propositions (...) which can be constructed from possible and impossible worlds are in an important sense inexpressible; leaving the probabilistic model committed to saying that agents in general have at least as many attitudes towards inexpressible propositions as they do towards expressible propositions. If it is reasonable to think that our attitudes are generally expressible, then a model with such commitments looks problematic. (shrink)

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)

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)

[The version of this paper published by Oxford online in 2019 was not copy-edited and has some sense-obscuring typos. I have posted a corrected (but not the final published) version on this site. The version published in print in 2020 has these corrections.] Which is more fundamental, assertion or testimony? Should we understand assertion as basic, treating testimony as what you get when you add an interpersonal addressee? Or should we understand testimony as basic, treating mere assertion -- assertion without (...) testimony -- as what you get when you subtract that interpersonal relation? In this chapter, I’ll argue for the subtractive approach and for the more general thesis that its treatment of the interpersonal element in assertion makes understanding that interpersonal element the key to understanding how assertion expresses belief. My theory of belief-expression in assertion treats it as internalizing the transmission of belief in testimony. How we understand that internalizing move depends on how we conceptualize the interpersonal element in testimony. Since what I’ll call the Command Model does not give us the conceptual resources to make this move, we should adopt an alternative that I’ll call the Custodial Model, on which a testifier aims not to convince her addressee but to reason with him – to give him reasons to believe what she tells him grounded in her trustworthiness in thus attempting to influence him. The subtractive approach to assertion thus rests on a key distinction between the aims of reasoning and persuasion. (shrink)

I consider a proposal for what the relation between philosophy and fiction is: the same problems appear in both, but fiction explores solutions which are not available to philosophers. I use Joe Horton’s all-or-nothing problem to illustrate the proposal, but pose an objection to it.

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.

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.

An assurance theory of trust begins from the act of assurance – whether testimonial, advisorial or promissory – and explains trust as a cognate stance of resting assured. My version emphasizes the risks and rewards of trust. On trust’s rewards, I show how an assurance can give a reason to the addressee through a twofold exercise of ‘normative powers’: (i) the speaker thereby incurs an obligation to be sincere; (ii) if the speaker is trustworthy, she thereby gives her addressee the (...) reason. Each claim is controversial; my contribution lies in how I defend them together, linking the sincerity obligation to the provision of reasons. On trust’s risks, I defend a popular thesis about the nature of trust – that trust differs from mere reliance in how it risks betrayal – against the objection that the thesis ‘moralizes’ trust. Such betrayal need not be moral, I argue, because it may derive entirely from how the assurance purports to provide a reason. (shrink)

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

The precautionary principle (PP) aims to anticipate and minimize potentially serious or irreversible risks under conditions of scientific uncertainty. Thus it preserves the potential for future developments. It has been incorporated into many international treaties and pieces of national legislation for environmental protection and sustainable development. In this article, we outline an interpretation of the PP as a framework of orientation for a sustainable information society. Since the risks induced by future information and communication technologies (ICT) are social risks for (...) the most part, we propose to extend the PP from mainly environmental to social subjects of protection. From an ethical point of view, the PP and sustainability share the principle of intergenerational justice, which can be used as an argument to preserve free space for the decisions of future generations. Applied to technical innovation and to ICT issues in particular, the extended PP can serve as a framework of orientation to avoid socio-economically irreversible developments. We conclude that the PP is a useful approach for: (i) policy makers to reconcile information society and sustainability policies and (ii) ICT companies to formulate sustainability strategies. (shrink)

This essay comments on the complexity of the task of accommodating Leibniz’s account of relational motion with his dynamics, as evident in Anja Jauernig’s (2008) Leibniz Review article, and suggests some possible strategies for overcoming these obstacles.

In this paper, I present a problem for regarding the reflective equilibrium and original position methods as consistent. I do not prove that there is an inconsistency, but there is a puzzle of how the two methods can be made consistent. The concern about inconsistency is because the former method allows for a kind of historical bias, as noted by T.H. Irwin, whereas the latter method seeks to guard against historical bias.

In this article I clarify the concepts of ‘pain’, ‘suffering’. ‘pains of body’, ‘pains of soul’. I explore the relevance of an ethic to the clinical setting which gives patients a strong prima facie right to freedom from unnecessary and unwanted pain and which places upon medical professionals two concomitant moral obligations to patients. First, there is the duty not to inflict pain and suffering beyond what is necessary for effective diagnosis. treatment and research. Next, there is the duty to (...) do all that can be done to relieve all the pain and suffering which can be alleviated. I develop in some detail that individuality of pain sensitivity must be taken into account in fulfihing these obligations. I explore the issue of the relevance of informed consent and the right to refuse treatment to the matter of pain relief. And I raise the question of what conditions, if anv, should override the right to refuse treatment where pain relief is of paramount concern. (shrink)

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)

This paper responds to two seemingly contradictory views that Jeanette Edwards identifies in an article on the impact of new reproductive technologies in the northwest of England. I argue that they are probably not contradictory. But I do so by modifying how the views are formulated and reflect on the significance of this for anthropology at home.

The principle of fairness suggests that it is wrong for free riders to enjoy cooperative benefits without also helping to produce them. Considerations of fairness are a familiar part of moral experience, yet there is a great deal of controversy as to the conditions of their application. The primary debate concerns whether cooperative benefits need to be voluntarily accepted. Many argue that acceptance is unnecessary because such theories are too permissive and acceptance appears to be absent in a variety of (...) cases where considerations of fairness nevertheless seem applicable. In this paper, I defend the claim that acceptance is necessary by suggesting that these worries can be disarmed, and that theories that deny the necessity of acceptance face deep challenges in articulating an understanding of cooperative benefits that does not also appeal to a person’s acceptance of them. (shrink)

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

This essay explores the possibility of constructing a structural realist interpretation of spacetime theories that can resolve the ontological debate between substantivalists and relationists. Drawing on various structuralist approaches in the philosophy of mathematics, as well as on the theoretical complexities of general relativity, our investigation will reveal that a structuralist approach can be beneficial to the spacetime theorist as a means of deflating some of the ontological disputes regarding similarly structured spacetimes.

Inference is a powerful tool; after all, it generally plays a central role in the activity of thinking. But the process of making an inference is not universally correctly applied, nor is it always understood. The rules of inference are capable of misapplication, in the sense that we sometimes infer 'too much', or might infer something which is qualitatively different from the premises we have started with. Certain kinds of inference, or inferences drawn from certain kinds of phenomena or certain (...) kinds of premise, are misleading or incorrect. And not every inference is an inference validly drawn. Invalid inferences are the result of one of two errors: firstly, an error resulting from an incorrect premise, or a premise whose meaning is uncertain or unclear; or secondly, an error which is the consequence of the incorrect application of the rules of inference. The purpose of this short book is to consider a number of these types of error. Much of the book's subject matter comprises the areas of philosophical discussion which the author encountered during a programme of undergraduate study at the University of Oxford. (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)

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.

Modern bioethics is clearly dominated by deontologists who believe that we have some way of identifying morally correct and incorrect acts or rules besides taking account of their consequences. Robert M. Veatch is one of the most outspoken of those numerous modern medical ethicists who agree in rejecting all forms of teleological, utilitarian, or consequentialist ethical theories. This paper examines his critique of utilitarianism and shows that the utilitarianism of John Stuart Mill is either not touched at all by his (...) critique or can be defended against it. This article argues that the dominant deontological majority is mistaken and that a utilitarian theory of moral action very much like Mill’s is precisely what is needed by modern medical ethics and by those medical practitioners who are resolved to practice medicine in a reasonable and morally acceptable manner. (shrink)

This paper responds to the question of whether the Internet has made lectures obsolete and Matthew Pickles’ investigation of why lectures persist. It is written as a pastiche of R.K. Narayan, about whom a somewhat parallel question is probably asked. Pickles refers to a logic lecturer so dry people went swimming, and a pastiche approach is an alternative.

I am not sure who said that liberalism merely alternates between ethics and economics – was it Karl Kraus? – but at first glance the claim is plausible. In this paper I argue that there are varieties of liberalism which do not. Some depend on a nature-culture distinction and some appeal to simplicity in a way that seems aesthetic. In the appendix I introduce a problem for utilitarianism.

The expression “The owl of Minerva flies at dusk” is used to convey that philosophers are only able to identify the assumptions that are made within a period of history, a period of which they are part, when that period is coming to an end and those assumptions will soon no longer be made. In this paper, I support a rival view according to which those involved in a historical period can know their assumptions earlier, given appropriate talent and effort.

This essay explores various problematical aspects of Descartes' conservation principle for the quantity of motion (size times speed), particularly its largely neglected "dual role" as a measure of both durational motion and instantaneous "tendencies towards motion". Overall, an underlying non-local, or "holistic", element of quantity of motion (largely derived from his statics) will be revealed as central to a full understanding of the conservation principle's conceptual development and intended operation; and this insight can be of use in responding to some (...) of the recent and traditional criticisms of Descartes' physics. (shrink)

This article argues that process philosophy and Hartmanian formal axiology are natural allies that can contribute much to each other. Hartmanian axiology can bring much needed order and clarity to process thought about the definitions of “good,” “better,” and “best,” about what things are intrinsically good, and about the nature and value of unique, enduring, individual persons. Process thought can bring to axiology greater clarity about and emphasis on the relational and temporal features of human selfhood. The nature and significance (...) of personal endurance is emphasized throughout. (shrink)

There are attempts to define torture which say that a person is only being tortured if the pain inflicted upon them is pain that they have not consented to. In this very brief paper, I recommend that we define torture without this condition.