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

This is a two page handout specifying approaches, or methods, used in interpreting Judith Butler. The methods of various analytic philosophers are identified.

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

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 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.

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

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 identifying some notable omissions from her brief history of gender identity theory.

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.

This is a one page handout, presenting a puzzle from J.G. Frazer regarding why, to become the priest of Diana at Nemi, one had to first break a bough in the sacred grove.

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

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

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

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)

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)

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

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.

Moral naturalists are often said to have trouble making sense of inter-communal moral disagreements. The culprit is typically thought to be the naturalist’s metasemantics and its implications for sameness of meaning across communities. The most familiar incarnation of this metasemantic challenge is the Moral Twin Earth argument. We address the challenge from the perspective of analytic naturalism, and argue that making sense of inter-communal moral disagreement creates no special issues for this view.

This document gathers together, in summary form, objections scattered across many papers and multiple online databases. Nevertheless, it omits some objections, notably complicated ones.

Jeanette Edwards observes a pattern of questions of the form “Why do anthropology fieldwork in location X?” - she only hears the question posed of some places - and she explains this pattern by saying that some places are taken to be obviously legitimate for anthropology fieldwork whereas others are not. I draw distinctions between legitimate and illegitimate, obviously legitimate and not obviously legitimate, and better and worse. The distinctions lead to a different explanation.

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.

Jeanette Edwards did fieldwork in the English town of Bacup. Why do fieldwork there? She writes that she is often asked this, whereas the question is unlikely to be asked of an anthropologist who does fieldwork in Papua New Guinea, because it is “axiomatically” an acceptable place for fieldwork. I present two responses to Edwards’ thinking, one of which concerns an asymmetry in how “skeptics” present their questions.

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.

In this paper, I consider the objection to British structural-functionalism that it is unable to deal with the significance of individuals. There are various ways in which individuals may pose a problem for it. I identify four ways, one of which is novel. This way is when someone does not appear to meet the official role requirements in an organization, which gives rise to the question of whether the anthropologist should posit an alternative structure of roles for the organization.

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)

I present a vision of a university in which each of the departments is based on having solved a paradox (especially for those who think that philosophers on here lack vision, in a grand sense!). I do so imitating a notable modernist writer, apologies for any political incorrectness.

Literary cognitivists claim that works of literature can have a significant cognitive value and can be effective in providing readers with opportunities for learning. Anti-cognitivists challenge cognitivists by questioning how literature can offer arguments or evidence for readers’ adoption of new knowledge or understanding. As a mode of side-stepping these objections, cognitivists have recently tended to make their claims more modest and claim only that literature clarifies knowledge readers already possess or provides the opportunity for the development of certain general (...) cognitive skills. In this chapter, I put forward a more bold account of literature’s cognitive value. I argue that a reader’s engagement with a literary work can lead to reconfiguration of their understanding of the subject matter with which the work deals. This bolder defence of literature’s cognitive value, and the account I offer of how readers can access such cognitive value, indicate how literature can form a significant part of character education. (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.

This brief paper asks how Lorenzo Cañás Bottos could bring himself to write comments on Nigel Rapport, after his Key Concepts in Social and Cultural Anthropology, with Joanna Overing! The title of my paper may be a bit misleading, but I present two futures for Argentine families, which start out similar, relating their conceptions of society to British anthropology.

In this paper I make some distinctions, which I hope are of help for Laura Valentini and others. Are the recommendations of a theory of what the government should do possible and are they feasible? Is the project of the theorist possibility-sensitive and is the project feasibility-sensitive?

I respond to Nuno Palma’s suggestion, made in 2008, that we are approaching the day in which nothing new can be said about Adam Smith. I think that is unlikely. The paper presents a model to support the suggestion. To illustrate my counterargument, I focus on the problem of Adam Smith’s apparently contradictory claims about the effects of the division of labour on character.

This paper contains a brief pastiche of analytic philosopher Carrie Ichikawa Jenkins, responding to the sociological theories of Pierre Bourdieu.

Much of the recent philosophy literature on the topic of alternative conceptual schemes responds to Donald Davidson. Davidson makes an argument by applying his system to the question, “Could others have an alternative system of concepts, an alternative conceptual scheme?” But he also remarks on the metaphor of organizing. A number of others have joined in. Why? This material may seem unimportant, but I present some reasons for why, and respond to other remarks, by P.M.S Hacker and Hans-Johann Glock.

This paper argues for the value of philosophers in a school of social sciences within a university, for fixing what I call disciplinary constitutions. A disciplinary constitution is a statement of “How our discipline works: how we achieve the ends of our discipline.” A lot of people depend on a constitution, but such a thing usually runs into problems and philosophers can identify these problems and propose solutions. I suggest that it is essential for the autonomy of an ambitious school (...) to be able to do such work internally. (shrink)

An explanation for why the Bisa do not perform a traditional dance to express their identity is all-or-nothing reasoning: “We would have to water it down for this audience and that is not a Bisa dance.”.

Charles Larmore presents the central part of Descartes’ first meditation as a brief dialogue between a skeptic and a sensible empiricist. I point out a source of discontent about this innovative transformation.

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.

There are philosophers and literary figures who write on a variety of topics. I suppose I do as well. Here I present two personal worries about the advice to become a narrow specialist.

I argue that Henry Heine's assessment of the English - that they are either universal geniuses or self-interested mediocrities - is prone to an objection that draws upon his own characterization. I tried to write this in an Edwardian style but the result is a mishmash.

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.

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.

As an answer to the title question, some stories you can operate on and then get something good. I explain why I find a story about a tiger attack good, because of this reason, “courageously” presenting what I take to be something good. In the appendix, I present an attempt to clarify a distinction.