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

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.

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.

In this chapter, I will make the case that we can accurately describe Ghazali’s position as a natural law theory. Kevin Reinhart (1995), on whose translation of al-Mustaṣfā I will be depending in what follows, has also treated this topic. Though he did not specifically compare Ghazali’s position there with natural law theory, like Hourani (1985) he interprets Ghazali’s position as subjectivist on key points rendering it incompatible with natural law theory. Thus, I will begin with a prima facie case (...) for this incompatibility roughly along the lines one finds in Reinhart, and argue that a closer examination of the relevant text of al-Mustaṣfā along with the parallel section of al-Iqtiṣād, also cited by Hourani, shows that Ghazali’s position is not conclusively subjectivist, but instead is compatible with a natural law theory. I will examine key sections of Ghazali’s Kimiya al-Sa’dāt that quite clearly express a natural law theory of morality. (shrink)

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

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

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

This paper presents an obvious explanation for why Oedipus even attempted to solve the Sphinx’s riddle, given the high cost of failure.

This paper offers a solution to Laura Valentini’s paradox of ideal theory. A reason for idealizing assumptions is because otherwise the theory would be too complicated to be action guiding.

This brief paper raises a puzzle, or half-puzzle, about Flora Nwapa’s ethnic identity in light of sentences in her novel Women are Different and presents two solutions.

This paper responds to Joel Smith’s definition of empathy. It is unclear to me that it can serve as a dictionary definition of empathy, owing to the lack of a moral aspect, and I think Smith overlooks what its function is in specialist disciplines, such as psychology.

This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

I flag what seem to me to be some minor concerns about Joel Smith’s definition of empathy, but maybe they are important to someone.

How must you think about time when you form an intention? Obviously, you must think about the time of action. Must you frame the action in any broader prospect or retrospect? In this essay I argue that you must: you thereby commit yourself to a specific prospect of a future retrospect – a retrospect, indeed, on that very prospect. In forming an intention you project a future from which you will not ask regretfully, referring back to your follow-through on that (...) intention, “What on earth was I thinking?” I argue that this broader attitude expresses the self-accountability necessary for practical commitment. (shrink)

The Metaphysics of Experience: Companion to Whitehead’s Process and Reality by Elizabeth M. Kraus develops very classical, Boethian, atemporal understanding of Whitehead’s God. Kraus contends that Whitehead intended “to infer that the divine actual world includes all actual worlds in unison of becoming” (p. 164). Her position is that even in his consequent nature, God coexists simultaneously and changelessly with the entire past, present, and future of every occasion in every world or cosmic epoch. Her rationale for this rests upon (...) 1. a highly questionable interpretation of one text in Process and Reality and the claims that 2. only such a view is compatible with human freedom, and 3. only such a view is compatible with human faith. This article argues that she is mistaken on all three counts. (shrink)

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

T.H. Irwin’s stimulating commentary on John Rawls anticipates but does not make “the subset objection to Rawls.” This term of mine is potentially misleading, but Irwin’s commentary is more so: I argue that relevant parts involve dubious commitments.

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

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).

Daniel Hill’s definition of suicide seems vulnerable to a counterexample in which someone kills themselves under some other intention, such as “I remove this useless part of the social organism.” Also Humeans pose a problem for him.

A thorough examination of John Wesley’s writings will show that he was not a biblical literalist or infallibilist, despite his own occasional suggestions to the contrary. His most important principles for interpreting the Bible were: We should take its words literally only if doing so is not absurd, in which case we should “look for a looser meaning;” and “No Scripture can mean that God is not love, or that his mercy is not over all his works.” Eleven instances of (...) his not taking biblical texts literally are examined. His real view was something like this: Biblical language is infallibly and literally true if and only if it does not contradict more basic scriptures and is not absurd, that is, not construed literally when metaphorical, or not misleadingly metaphorical, or not oversimplified or exaggerated, or not culture bound, or not contrary to reason and experience, or not ethically unconscionable and unloving. (shrink)

This paper investigates Newton’s ontology of space in order to determine its commitment, if any, to both Cambridge neo-Platonism, which posits an incorporeal basis for space, and substantivalism, which regards space as a form of substance or entity. A non-substantivalist interpretation of Newton’s theory has been famously championed by Howard Stein and Robert DiSalle, among others, while both Stein and the early work of J. E. McGuire have downplayed the influence of Cambridge neo-Platonism on various aspects of Newton’s own spatial (...) hypotheses. Both of these assertions will be shown to be problematic on various grounds, with special emphasis placed on Stein’s influential case for a non-substantivalist reading. Our analysis will strive, nonetheless, to reveal the unique or forward-looking aspects of Newton’s approach, most notably, his critical assessment of substance ontologies, that help to distinguish his theory of space from his neo-Platonic contemporaries and predecessors. (shrink)

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

This paper investigates the question of, and the degree to which, Newton’s theory of space constitutes a third-way between the traditional substantivalist and relationist ontologies, i.e., that Newton judged that space is neither a type of substance/entity nor purely a relation among such substances. A non-substantivalist reading of Newton has been famously defended by Howard Stein, among others; but, as will be demonstrated, these claims are problematic on various grounds, especially as regards Newton’s alleged rejection of the traditional substance/accident dichotomy (...) concerning space. Nevertheless, our analysis of the metaphysical foundations of Newton’s spatial theory will strive to uncover its unique and innovative characteristics, most notably, the distinctive role that Newton’s “immaterialist” spatial ontology plays in his dynamics. (shrink)

The professor of psychopathology Simon Baron-Cohen claims that males are on average stronger at systematizing than empathizing and females are on average stronger at empathizing than systematizing. Systematizing is defined as the drive to construct or understand systems. In this paper, I observe that Baron-Cohen overlooks certain examples of systems, examples which lead to doubts about his claim.

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.

The natural interpretation is that Dorothea’s early impressions of Edward Casaubon, in terms of John Locke, are illusory. But I draw attention to Joseph Raz’s suggestion that it is the status of Locke which is mistaken, though I favour the natural interpretation.

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 essay examines the relationship between monads and space in Kant’s early pre-critical work, with special attention devoted to the question of ubeity, a Scholastic doctrine that Leibniz describes as “ways of being somewhere”. By focusing attention on this concept, evidence will be put forward that supports the claim, held by various scholars, that the monad-space relationship in Kant is closer to Leibniz’ original conception than the hypotheses typically offered by the later Leibniz-Wolff school. In addition, Kant’s monadology, in conjunction (...) with God’s role, also helps to shed light on further aspects of his system that are broadly Leibnizian, such as monadic activity and the unity of space. (shrink)

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

Why was Raymond Tallis’s book Not Saussure largely ignored by literary critics? Here I present one response to this question: he does not offer a novel alternative system for literary interpretation. And I consider whether the situation is any different in other fields, introducing a rival to Simon Baron-Cohen’s empathizing-systematizing theory of gender differences when doing so.

This paper contains my attempt to pastiche the Lacanian philosopher and social theorist Renata Salecl. The pastiche focuses on the effects of coronavirus on liberal societies, the invasion of Ukraine, and offers a definition which I think is of interest to analytic philosophy.

There are other problems for John Rawls’s philosophy that can be extracted from Henry Sidgwick’s discussion of the priority of freedom, apart from the problem H.L.A. Hart focuses on. This paper considers one such problem – that it is an empirical issue whether a sane adult is better off more free, rather than something to be assumed – and presents one Rawlsian solution.

This paper presents an explanation for why the mayor of Hamelin did not pay, by means of a fiction. It is probably influenced by films or children’s television that I have forgotten.

J.G. Frazer tells us about a last resort technique which Cambodian hunters use when they have caught nothing in their nets. The “technique” is they act as if they themselves have got caught in the net. Frazer explains this as the consequence of magical thinking, but I propose a different explanation.

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

I respond to the charge that one of my objections to Marilyn Strathern’s rejection of feminist anthropology is the same as an objection made by Kamala Visweswaran. They may seem very similar to begin with, but I argue that there is both a difference in focus - in which premises we are concentrating on - and in method.

Mary Beard considers the thesis that Frazer’s book The Golden Bough was popular because it provided practical aid for colonialists. But she introduces another relationship between the book and British colonialism: that it provided an image of the British colonial project as a whole. I present two objections to the proposal that there was this relationship, as well as – in the appendix – flagging a concern about the internal coherence of Beard’s paper with the introduced relationship.

It is tempting to always try to distinguish convincing from poor literary imitation by micro-analysis. The analysis observes various patterns of word and punctuation use in the original and compares those with the imitation. I argue that no such sophistication is needed when faced with Max Beerbohm’s imitation of Joseph Conrad.

I identify what appears to be a "glaring" inconsistency between what Joseph Raz says on euthanasia in a 2012 lecture and what he says on well-being within his most celebrated book, The Morality of Freedom. There also appears to be a subtler inconsistency between what he says and his endorsement of H.L.A. Hart’s opposition to a definitional project.

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

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?

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)

This paper offers a cheap solution to Laura Valentini’s paradox of ideal theory. An ideal theory cannot be sound by definition, since in the relevant sense of “ideal theory” it involves false propositions.

I interpret George Eliot as objecting to John Locke in Middlemarch – more specifically, his theory of ideas – by means of her account of Dorothea’s experiences of Edward Casaubon at dinner.

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)

The dilemma I present for Laura Valentini’s paradox of ideal theory concerns a theory which includes idealizations but also an account of how you apply the theory to less ideal reality. If this does not count as an ideal theory, then theories of justice need not be ideal. If it does, then ideal theories can be action guiding.