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)

From his initial writings on imagination and memory, to his recent studies of the glance and the edge, the work of American philosopher Edward S. Casey continues to shape 20th-century philosophy. In this first study dedicated to his rich body of work, distinguished scholars from philosophy, urban studies and architecture as well as artists engage with Casey's research and ideas to explore the key themes and variations of his contribution to the humanities. -/- Structured into three major (...) parts, the volume reflects the central concerns of Casey's writings: an evolving phenomenology of imagination, memory, and place; representation and landscape painting and art; and edges, glances, and voice. Each part begins with an extended interview that defines and explains the topics, concepts, and stakes of each of area of research. Readers are thus offered an introduction to Casey’s fascinating body of work, and will gain a new insight into particular aspects and applications of Casey's research. -/- With a complete bibliography and an introduction that at once stresses each of Casey’s areas of research while putting into perspective their overarching themes, this authoritative volume identifies the overall coherence and interconnections of Edward S. Casey's work and his impact in contemporary thought. (shrink)

In the heart of southeast Texas, an industrial powerhouse often referred to as the 'Golden Triangle', the oil refineries and petrochemical plants stand as stalwart testaments to the region's economic evolution. Interestingly, before the discovery of oil at Spindletop, the lumber and cattle industries powered this region's economy. A profound shift occurred when the Lucas Gusher, a fountain of oil spurting thousands of feet into the air, struck the lands of Spindletop Hill on January 10, 1901. This remarkable discovery of (...) the Spindletop oilfield on a slat dome formation south of Beaumont, Texas, marked the birth of the modern petroleum industry and fundamentally transformed the region's geopolitical, economic, and cultural landscapes. People from all over the country relocated to Gladys City and Beaumont in search of work and new opportunities, creating a boomtown as the town's population swelled from 10,000 to 50,000. The newfound urbanization brought by the oil industry transformed the town and the surrounding areas, creating a ripple effect across the region that would be felt for generations to come. The surge in oil-driven economic activity transmuted the region into a vibrant nexus of commerce, with the oil industry emerging as a critical architect of growth and advancement. This newfound affluence incited by the petroleum sector ushered in an era of economic diversification, laying the groundwork for industrialization’s further evolution. The Spindletop Oil Fields not only underscored the United States’ ascent as the foremost petroleum-producing nation but also signaled the nation’s initiation into the Petroleum Age. It was Spindletop that solidified its position as America’s first significant oil field, becoming an enduring symbol of its industrial might. By 1985, over 153,000,000 barrels of oil had been produced and extracted from the Spindletop oil fields, underscoring the magnitude of this extraordinary resource. (shrink)

Urban infrastructures serve as the backbone of modern economies, mediating global exchanges and responding to urban demands. Yet, our comprehension of these complex structures, particularly within diverse socio-political terrain, remains fragmented. In bridging this knowledge gap, this study delves into “boundary objects”—entities enabling diverse stakeholders to collaborate without a comprehensive consensus. Central to our investigation is the hypothesis that oceanic infrastructural developments are instrumental in molding the interface of urban, industrial, and energy sectors within marine contexts. Our lens is directed (...) at the Gulf of Mexico, which is distinguished by its industrial depth and expansive marine grid. We highlight the Gulf Intracoastal Waterway’s (GIWW) paramount role in regional movement and the ecological facets of practices such as dredging, which is vital for transport and coastal conservation. A striking revelation of our study is the transformation of offshore structures in the Gulf into vibrant marine habitats. Emphasizing the intertwined nature of marine infrastructures, we denote oceans as pivotal platforms for impending urban expansion, especially as land resources wane. Our research aspires to validate the role played by oceans as a nexus in the urban–industrial–energy fusion. (shrink)

Although the Libertarian Party has gained traction as the third biggest political party in the United States, the philosophical grounding of the party, which is exemplified by Robert Nozick’s entitlement theory is inherently flawed. Libertarianism’s emphasis on a free market leads to gross inequalities since it has no regard for sacred rights other than one’s right to freedom from interference from the government beyond what is essential for societal functioning. I argue that Nozick’s entitlement theory leads to indirect injustice and (...) is therefore an unfitting philosophical theory, which means that the Libertarian Party’s platform is flawed. (shrink)

Barz (2018) contends that there is no specification of the phenomenon of first-person authority that avoids falsity or triviality. This paper offers one. When a subject self-ascribes a current conscious mental state in speech, there is a presumption that what she says is true. To defeat this presumption, one must be able to explain how she has been led astray.

This article traces the development of Sartre's metaphysics with three interrelated aims in mind. The first is to situate Sartre's metaphysical views in relation to those of his predecessors, his contemporaries, and current continental philosophy. The second is to show that Sartre's project informs some of the key changes he makes to his existentialism during his career. The third is to bring Sartre the metaphysician into dialogue with key thinkers in the current realism/antirealism debate in Continental philosophy by showing that (...) the defense of materialism he offers in his later work preserves many hard-won insights of phenomenology and has significant advantages over many contemporary articulations of realism. (shrink)

In this paper, I argue against Michael Gorman’s objection to Tim Crane’s view of intentional objects. Gorman (“Talking about Intentional Objects,” 2006), following Searle (Intentionality, 1983), argues that intentional content can be cashed out solely in terms of conditions of satisfaction. For Gorman, we have reason to prefer his more minimal satisfaction-condition approach to Crane’s be- cause we cannot understand Crane’s notion of an intentional object when applied to non-existent objects. I argue that Gorman’s criticism rests on a misunderstanding of (...) Crane’s position. I also discuss the importance of keeping track of the distinction between the intentional objects of intentional states and the referents of such states. I do agree with Gorman that conditions of satisfaction are needed to cash out propositional intentional content, but we cannot get these conditions of satisfaction right if we do not capture how the subject takes the world to be. And we cannot properly capture how the subject takes the world to be without commitment to intentional objects. I argue that Crane’s notion of an intentional object is one that avoids questionable ontological commitments. So, in the end we have a view of intentional objects with a respectable metaphysics and ontology that can properly capture the intentional content of subjects’ intentional states. (shrink)

ABSTRACT ‘Modus Darwin’ is the name given by Elliott Sober to a form of argument that he attributes to Darwin in the Origin of Species, and to subsequent evolutionary biologists who have reasoned in the same way. In short, the argument form goes: similarity, ergo common ancestry. In this article, I review and critique Sober’s analysis of Darwin’s reasoning. I argue that modus Darwin has serious limitations that make the argument form unsuitable for supporting Darwin’s conclusions, and that Darwin did (...) not reason in this way. (shrink)

Agreement between "independent" measurements of a theoretically posited quantity is intuitively compelling evidence that a theory is, loosely speaking, on the right track. But exactly what conclusion is warranted by such agreement? I propose a new account of the phenomenon's epistemic significance within the framework of Bayesian epistemology. I contrast my proposal with the standard Bayesian treatment, which lumps the phenomenon under the heading of "evidential diversity".

Among philosophical analyses of Darwin’s Origin, a standard view says the theory presented there had no concrete observational consequences against which it might be checked. I challenge this idea with a new analysis of Darwin’s principal geographical distribution observations and how they connect to his common ancestry hypothesis.

We provide a philosophical reconstruction and analysis of the debate on the scientific status of cosmic inflation that has played out in recent years. In a series of critical papers, Ijjas et al. have questioned the scientificality of the current views on cosmic inflation. Proponents of cosmic inflation have in turn defended the scientific credentials of their approach. We argue that, while this defense, narrowly construed, is successful against Ijjas et al., the latter's reasoning does point to a significant epistemic (...) issue that arises with respect to inflation. A broadening of the concept of theory assessment is needed to address that issue in an adequate way. (shrink)

The essay explores the systematic relationship in the work of Giordano Bruno (1548-1600) between his monadology, his metaphysics as presented in works such as De la causa, principio et uno, the mythopoeic cosmology of Lo spaccio de la bestia trionfante, and practical works like De vinculis in genere. Bruno subverts the conceptual regime of the Aristotelian substantial forms and its accompanying cosmology with a metaphysics of individuality that privileges individual unity (singularity) over formal unity and particulars over substantial forms without (...) sacrificing a metaphysical perspective on the cosmos. The particular is individuated as a unique site of desire, continually transforming but able to entrain itself and others through phantasmatic ‘bonding’, the new source of regularity in Bruno’s polycentric universe. Bruno thus tries to do justice to the demands of intelligibility as well as transformative eros. The essay concludes with a note on Bruno’s geometry as it relates to his general conception of form. (shrink)

Iris Marion Young’s classic paper on the phenomenology of pregnancy chronicles the alienating tendencies of technology-ridden maternal care, as the mother’s subjective knowledge of the pregnancy gets overridden by the objective knowledge provided by medical personnel and technological apparatuses. Following Fredrik Svenaeus, the authors argue that maternal care is not necessarily alienating by looking specifically at the proper attention paid by sonographers in maternal care when performing ultrasound examinations. Using Martin Heidegger’s philosophy as a theoretical lens, the authors argue that (...) sonographers who cultivate technical mastery, build patient rapport, explain the process and significance of the ultrasound, and understand the patient’s world are able to provide excellent patient care. The authors utilize Hans-Georg Gadamer’s hermeneutics to show how sonographers can frame the ultrasound in a way that acknowledges both the subjective knowledge of the mother and the objective data obtained by the sonographer through the use of technology. Ultimately, the authors argue that the common practice of framing the ultrasound as the chance to “meet the baby” is inappropriate, as it exacerbates the tendency to regard objective knowledge as the only legitimate knowledge in medical contexts. They recommend a more balanced approach that elicits a fusion of horizons between the patient’s subjective knowledge and the objective data that is obtained by the sonographer via the ultrasound, thus respecting and bolstering patient autonomy. (shrink)

According to Pessimism about moral testimony, it is objectionable to form moral beliefs by deferring to another. This paper motivates Pessimism about another source of moral knowledge: propositional memory. Drawing on a discussion of Gilbert Ryle’s on forgetting the difference between right and wrong, it argues that Internalism about moral motivation offers a satisfying explanation of Pessimism about memory. A central claim of the paper is that Pessimism about memory (and by extension, testimony) is an issue in moral psychology rather (...) than moral epistemology. That is because it is best explained by appeal to claims about the constitution of moral knowledge as a state of mind, rather than requirements on belief formation. The paper also provides reason to think that the focus on testimony, pervasive in the literature, is something of a red herring. (shrink)

Philosophers have argued that the conceivability of philosophical zom- bies creates problems for physicalism. In response, it has been argued that zombies are not conceivable. Eric Marcus (2004), for example, challenges the conceivability claim. Torin Alter (2007) argues that Marcus’s argument rests on an overly restrictive principle of imagina- tion. I agree that the argument relies on an overly restrictive principle of imagination, but argue that Alter has not put his finger on the right one. In short, Marcus’s argument fails, (...) but not for the reasons Alter gives. (shrink)

Since philosophy is a notoriously difficult subject, one may think that the concept of adding rigor to a philosophy course is misguided. Isn’t reading difficult texts by Immanuel Kant or Friedrich Nietzsche enough to categorize a class as academically rigorous? This question is based on the misguided assumption that academic rigor has only to do with course content. While course content is a component of academic rigor, other aspects such as higher-order thinking, as well as how an instructor designs and (...) grades assignments, contribute to the level of academic rigor in a course. The author provides several ways to increase the level of academic rigor in a philosophy course based upon Bloom’s Taxonomy using examples from an introductory ethics course and then provides recommendations as to how to grade to promote academic rigor. (shrink)

In this paper I discuss Øyvind Dahl’s argument for the conclusion that Malagasy people conceive of the future as coming from behind them and not as being before them as most worldviews do. I argue that we have good reason not to attribute this view to Malagasy people. First, it would mark an inefficient and anomalous way of keeping track of the past and future. Second, the linguistic and testimonial evidence presented by Dahl doesn’t support the conclusion. Even though this (...) specific argument fails, Dahl has many enlightening things to say about Malagasy time conceptions, such as the various time-conceptions that figure more predominantly in their worldview as opposed to the general modern Western worldview. Dahl is right that successful communication for Westerners in Madagascar requires understanding that the Malagasy worldview is structured more by an event-related conception of time than the general modern Western worldview. I also show in this paper that the three time conceptions Dahl outlines are relevant to living a good life. (shrink)

Sanford Goldberg argues for Content Externalism by drawing our attention to the extent to which an individual’s concepts depend on the concepts of others. More specifically, he focuses on cases that involve knowledge transmission between experts and non-experts to make his point. In this paper, I argue that the content internalist cannot only plausibly respond to his argument but that Content Internalism offers a more plausible account of intentional content with regard to knowledge transmission than does Content Externalism.

Convergence research is driven by specific and compelling problems and requires deep integration across disciplines. The potential of convergence research is widely recognized, but questions remain about how to design, facilitate, and assess such research. Here we analyze a seven-year, twelve-million-dollar convergence project on sustainable climate risk management to answer two questions. First, what is the impact of a project-level emphasis on the values that motivate and tie convergence research to the compelling problems? Second, how does participation in convergence projects (...) shape the research of postdoctoral scholars who are still in the process of establishing themselves professionally? We use an interview-based approach to characterize what the project specifically enabled in each participant’s research. We find that (a) the project pushed participants’ research into better alignment with the motivating concept of convergence research and that this effect was stronger for postdoctoral scholars than for more senior faculty. (b) Postdocs’ self-assessed understanding of key project themes, however, appears unconnected to metrics of project participation, raising questions about training and integration. Regarding values, (c) the project enabled heightened attention to values in the research of a large minority of participants. (d) Participants strongly believe in the importance of explicitly reflecting on values that motivate and pervade scientific research, but they question their own understanding of how to put value-focused science into practice. This mismatch of perceived importance with poor understanding highlights an unmet need in the practice of convergence science. (shrink)

I argue that absolutism, the view that absolutely unrestricted quantification is possible, is to blame for both the paradoxes that arise in naive set theory and variants of these paradoxes that arise in plural logic and in semantics. The solution is restrictivism, the view that absolutely unrestricted quantification is not possible. -/- It is generally thought that absolutism is true and that restrictivism is not only false, but inexpressible. As a result, the paradoxes are blamed, not on illicit quantification, but (...) on the logical conception of set which motivates naive set theory. The accepted solution is to replace this with the iterative conception of set. -/- I show that this picture is doubly mistaken. After a close examination of the paradoxes in chapters 2--3, I argue in chapters 4 and 5 that it is possible to rescue naive set theory by restricting quantification over sets and that the resulting restrictivist set theory is expressible. In chapters 6 and 7, I argue that it is the iterative conception of set and the thesis of absolutism that should be rejected. (shrink)

World peace was a common theoretical consideration among philosophers during Europe’s Enlightenment period. The first robust essay on peace was written by Charles Irénée Castel de Saint- Pierre, which sparked an intellectual debate among prominent philosophers like Jean- Jacques Rousseau and Jeremy Bentham, who offered their own treatises on the concept of peace. Perhaps the most influential of all such writings comes from Immanuel Kant, who argues that world peace is no “high- flown or exaggerated notion” but rather a natural (...) result of the rational progression of the human species. U.S. President Woodrow Wilson, the mastermind behind the formation of the League of Nations in 1920 that provided the scaffolding to today’s United Nations, read Kant’s philosophy while he was a student at the College of New Jersey (now Princeton University). Some have argued that it is no coincidence that the per-son responsible for embarking upon the first serious political pursuit of world peace on a global scale was familiar with Kant. Indeed, William Galston claims that “Woodrow Wilson’s Fourteen Points [for world peace] were a faithful transcription of both the letter and spirit of Kant’s Perpetual Peace.”3 Historical connections aside, the question remains as to whether Kant’s philosophy is a viable conception of peace in a contemporary context. Using the conceptual distinction of positive and negative peace provided by Johan Galtung, I argue that Kant’s philosophy does provide the scaffolding for a viable conception of peace. In particular, I provide particular examples as to what social rights must be included in a Kantian model of peace. (shrink)

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

Western liberal intellectuals often find themselves in a precarious situation with regard to whether or not they should celebrate and endorse Friedrich Nietzsche as a philosopher who we should all unequivocally embrace into our Western philosophical canon. While his critique of the Western philosophical tradition and his own creative insights are unprecedented and immensely important, his blatant inegalitarianism and remarks against women are often too difficult to stomach. This paper attempts to introduce Western philosophers to Chuang Tzu, a Chinese thinker (...) who shares much of Nietzsche’s style and philosophy, but also espouses a thoroughgoing egalitarianism. It does so by comparing Nietzsche and Chuang Tzu in regard to their methods, style, and philosophical beliefs, with a particular emphasis on the naturalism and perspectivism found in each thinker’s philosophy. The hope is to provide Western liberal-minded intellectuals interested in Nietzsche and in equality with another perspective to bolster their thinking. (shrink)

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)

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. Open Access funding for this volume has been provided by the Robert S. Hartman Institute.

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.

Anthropogenic climate change has become a hot button issue in the scientific, economic, political, and ethical sectors. While the science behind climate change is clear, responses in the economic and political realms have been unfulfilling. On the economic front, companies have marketed themselves as pioneers in the quest to go green while simultaneously engaging in environmentally destructive practices and on the political front, politicians have failed to make any significant global progress. I argue that climate change needs to be framed (...) as an ethical issue to make serious progress towards the path to a sustainable human civilization. In an effort to motivate the urgency needed to confront climate change, I argue that climate change seriously affects human beings living here and now, and if one cares about unnecessarily harming fellow innocent living human beings, then one should care about one’s own environmental impact related to climate change. Since this argument does not depend upon any specific philosophical, religious, or ethical tradition but applies regardless of one’s particular background, I hope to induce genuine concern among all human beings regarding this issue. (shrink)

This chapter explores the tripartite relationship between transgender identities, political activism, and sonic practice. In particular, this chapter employs theorizations of noise to explore a rupture in the prevalent binarisms of sound and gender in the American punk scene and its aesthetics. Drawing upon theoretical frameworks such as Herbert Marcuse’s one-dimensional society and Jean-François Lyotard’s conception of a libidinal economy, the sonic practices of trans-feminist artists such as GLOSS (Girls Living Outside Society’s Shit) and the HIRS Collective are re-examined to (...) interrogate their capacities to initiate acts of intentional antagonism to construct new spaces for the invisible and/or overlooked. Through such a trajectory, the intended goal is to reveal not only such trans-feminist artists’ collective actions of political resistance towards the modern neoliberal state, but perhaps most importantly, the typically less examined yet far-reaching ramifications of their inherent situatedness outside of such socio-political structures and machinery. While such artistic practice pits itself against the increasingly one-dimensional state of commodification in the punk genre, it also probes deeper to illuminate the related homonormative currents which have exerted considerable effort to flatten notions of diversity and difference within contemporary LGBTQ2S communities. It is ultimately through this complex matrix of identity, affective flows, and a political (dis)engagement with the dynamics of the American punk genre that we can begin to bear witness upon a modern form of sonic anarchism; one which fragments itself off from previous constructions yet reveals a possibility for new formations to those previously rendered silenced, both figuratively and literally. (shrink)

Humans face wide ranging and global challenges in the Anthropocene, the most prominent of which is anthropogenic climate change. One initial pivot towards sustainability, particularly in my home country of the United States, has been to rely heavily on technological innovation powered most obviously by engineers. Using the climate activist Greta Thunberg's speech at the 2018 United Nations Climate Change Conference as my inspiration, I try to show how some of the technology based solutions only entrench what I call the (...) “Bestance” mentality, that is, the fundamental stance or orientation toward the natural world in the Anthropocene wherein all entities show up as mere resources. Upon showing the various ways in which traditional ethical approaches and environmental philosophical approaches have proved unhelpful in navigating the challenges of the Anthropocene, I try to demonstrate and how a Heideggerian ecophenomenological approach can help us not only understand how the world appears to many of us in the Anthropocene, but also what a more graceful way of being might look like in Heidegger's concept of “dwelling.” Using specific examples of current technologies pervasively normalized in the United States, including hydraulic fracturing, horizontal drilling, desalination, and artificial nitrogen based fertilization, I use Heidegger's philosophical concepts to show how the land, sea, and air can show up as Bestand in the Anthropocene, that is, merely materials on hand to be manipulated in order to serve human interests. (shrink)

In recent decades, phenomenology has been utilized not only as a conceptual framework from which to understand medical encounters in healthcare settings, but also to guide medical professionals in providing care. In the realm of physical therapy, phenomenology has been touted as a philosophically-based avenue to aid in helping to understand what it means to be a patient. The works of Edmund Husserl and Martin Heidegger have been utilized as paths to approach phenomenologically-informed care in physical therapy. However, to our (...) knowledge, no significant connection has been made in regard to the work of Hans-Georg Gadamer’s phenomenology and hermeneutics in the realm of physical therapy. The authors aim to close that gap by showing the ways in which Gadamer’s philosophy can help physical therapists provide phenomenologically-informed patient care. They begin by outlining some of the touchpoints between phenomenology and healthcare and then introduce Gadamer as a figure who deserves attention in the question of how to apply phenomenology to healthcare settings. Upon analyzing Gadamer’s account of what it means to experience an altered body, they outline Gadamer’s understanding of tact, practical knowledge, and good sense in order to show how to understand at a conceptual level what it means to empathize with patients on the path to building therapeutic alliance, that is, a cooperative working relationship. They then look closely at Gadamer’s hermeneutics and particularly his comments on how to cultivate a fusion of horizons in order to attempt to help guide physical therapists in theoretically understanding how to empathize with their patients. Ultimately, they argue that physical therapists who practice phenomenologically-informed care, which they call “hermeneutical healing,” are positioned well to form strong working relationships with their patients. (shrink)

Joe Horton’s all-or-nothing problem concerns a situation in which it is morally permissible to do nothing and to save two people but not to save only one. This description seems to entail that we should do nothing rather than save only one. I object to Horton’s solution and challenge a principle he draws attention to, which is required to generate the problem but which Horton regards as beyond dispute.

This essay examines the cultural phenomena of noise in its perceived social constructions and demonstrates its emergence as a form of resistance against prevailing dominant hegemonic codes of culture. In particular, the paper explores the ability of noise to be enacted as a tool to escape the shackles of heteronormative constructions of sexuality and gender in the cultural landscape of the United States. Examined to support this argument are the contrasting works of two American artists: John Cage and Emilie Autumn. (...) Through Cage and his avant-garde articulations of sound, covert acts of resistance against the dominant heteronormative constructions of masculinity are explored, and through Autumn’s classical crossover work, a more overt and explicit form of resistance to subvert gender stereotypes and structures of normality and patriarchy are illuminated. Additionally, the paper explores possibilities for artists to engage with other movements, such as disability activism to create new possibilities for change. -/- . (shrink)

This essay explores the complex relationship between gender and aesthetics, namely through the lens of the transgender movement. After a brief study of the challenges related to the history of gender variance and normativity, the essay will follow the trajectory of Kant’s Critique of Judgment, focusing primarily on the conception of the sublime, and move to explore connections with the work of gender theorist and public health advocate Benjamin T. Singer, whose work develops a rhizomatic model of the transgender sublime. (...) Utilising this framework, the discussion will then examine connections and parallels with the work of Rancière and later Gianni Vattimo. The final section will then explore the concept of aesthetic emergencies from Santiago Zabala, Vattimo’s pupil, who associates both Rancière and Vattimo with this concept while at the same time drawing from Heidegger’s writings. Through a re-examination of the sublime and the work of these theorists, this paper will illuminate potential new connections, pathways, and possibilities for the transgender movement, aesthetic theory, and political engagement. (shrink)

The Intergovernmental Panel on Climate Change has developed a novel framework for assessing and communicating uncertainty in the findings published in their periodic assessment reports. But how should these uncertainty assessments inform decisions? We take a formal decision-making perspective to investigate how scientific input formulated in the IPCC’s novel framework might inform decisions in a principled way through a normative decision model.

This paper presents what I call “the flowchart solution” to Joe Horton’s all-or-nothing problem. Rather than three options – don’t save any child, save one, or save two – there is a flowchart with a choice of don’t save or save, and then within save, save one or save two.

It’s a popular idea that memory resembles testimony insofar as each can ‘preserve’ epistemic warrant. But how does such ‘preservation’ do its epistemic work? I have elsewhere developed an assurance theory of testimonial warrant. Here, I develop an assurance theory of preservative memory. How could the ‘preservation’ of warrant through memory work through an assurance? What would even count as an intrapersonal assurance? I explain each form of preservation by contrasting the relation that preserves warrant with a pathological alternative. My (...) assurance theory of testimony theorizes the illocutionary norms governing the speech act of telling by explaining what goes wrong when there’s what Austin calls an ‘abuse.’ But what norms govern an intrapersonal memory relation? There are two sides in a memory relation: the earlier self judges that p, then memory keeps the later self in epistemic touch with that judgment by ‘preserving’ its warrant. But this is not an illocutionary relation. (When you ‘tell yourself that p,’ you are trying to ‘convince yourself’ that p and as such typically do not yet even judge that p.) I argue that the earlier self nonetheless offers an assurance by extending an invitation to trust. Your earlier self judges that p in part by projecting a future in which you will continue to trust yourself on the question whether p when you lose access to the evidence that informed the judgment. That projection of trust in yourself posits a worthiness of trust that ought to lead others to accept your testimony that p. Assurance in memory and assurance in testimony thus ought to work together. This aspect of the parallel emerges vividly when we see how it breaks down in the pathology of gaslighting – more than merely illocutionary abuse! – which targets specifically how testimony and memory work together in inviting trust relations. (shrink)

Anyone who has been around analytic philosophy the past 20 years knows that consciousness is in. These days much effort is spent playing whack-a-dualist. It seems that anyone who is anyone has written a book on the metaphysics of mind. Colin McGinn's new book marks a refreshing departure from this trend. Mindsight: Image, Dream, Meaning discusses the role imagination plays in the way we represent the world; the role it plays in dreams and some mental illnesses; and the fundamental role (...) it plays in belief and meaning. (shrink)

Plato’s Timaeus reveals a cosmos governed by Necessity and Intellect; commentators have debated the relationship between them. Non-literalists hold that the demiurge, having carte blanche in taming Necessity, is omnipotent. But this omnipotence, alongside the attributes of benevolence and omniscience, creates problems when non-literalists address the problem of evil. We take the demiurge rather as limited by Necessity. This position is supported by episodes within the text, and by its larger consonance with Plato’s philosophy of evil and responsibility. By recognizing (...) the analogy between man and demiurge, the literal reading provides a moral component that its non-literal counterpart lacks. (shrink)

As a response to the opioid epidemic in the United States, the Centers for Disease Control and Prevention (CDC) published the CDC Guideline for Prescribing Opioids for Chronic Pain in 2016. This document served as a means to reduce risks and address harms of opioid use by recommending that clinicians conduct periodic urine drug testing for patients on chronic opioid therapy. As an unintended result of this recommendation, providers began using unexpected urine drug test results as a reason to dismiss (...) patients from practice, both out of concern for their patients’ wellbeing as well as their own legal risks. Using Husserl’s and Heidegger’s phenomenology, we argue that this science-based, black-and-white practice does not heed the patient as a whole person. Instead, we recommend a more contextual, patient-centered approach that can help us to better understand and manage patient needs in such contexts. (shrink)

Job motivation remains an area of concern among researchers due to the rising issues of poor or lack of motivation among workers. This refers to one’s personal will or drives to perform a task at work. Meanwhile, job satisfaction refers to an employee’s sense of fulfillment with his or her work experience. Therefore, the current study utilized the descriptive- correlational research design to investigate the impact of job motivation on the job satisfaction of accountants. To gather essential data and achieve (...) the objectives of the study, Multidimensional Work Motivational Scale (MWMS) and Minnesota Satisfaction Questionnaire (MSQ) were administered to the target respondents. The collected data were then analyzed using a Multiple Regression Analysis; findings revealed that job motivation has a significant impact on the job satisfaction of accountants. Additionally, the results of this study were carefully evaluated and discussed, and recommendations were made to benefit the stakeholders of the study and contribute to the existing body of knowledge. (shrink)

Book Review of Kevin Aho's One Beat More: Existentialism and the Gift of Mortality (Polity, 2022).

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)

Róisín Lally’s Sustainability in the Anthropocene provides a wealth of essays on the philosophical meanings and implications of renewable technologies, as well as glimpses of novel ways toward a sustainable future that integrate deeply meaningful ways of being for humans. The edited collection features some of the most reputable thinkers in the philosophy of technology, such as Don Ihde, Babette Babich, and Trish Glazebrook, as well as some newcomers with novel perspectives that need to be taken into consideration not only (...) for fellow philosophers, but for anyone interested in the future of our increasingly vulnerable planet. The book is divided into four parts: defining sustainability, exploring the relationship between sustainability and particular renewable technologies, investigating sustainability and design, and finally examining sustainability and ethics. The authors engage in applications of various philosophers from the Continental tradition, most prominently the work of Martin Heidegger. I provide a brief summary of the various sections and highlight key arguments while providing some commentary with an aim to keep the conversation going. (shrink)

Perceptual malleability and diversity can stem from perceptual learning, expertise, genetics, disease, or accident. Perceptual malleability and diversity force us to reject the claim that perceptual capacities, perceptual experience, and perceptual content are universal across subjects and times. And it casts doubt on the presumption of a universal human perceptual nature. However, it does not directly challenge perceptual objectivity, understood as the claim that one can perceive a world of things and features that are independent from oneself and one's experiences (...) and that could be perceived by other subjects. (shrink)

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 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)

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 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)