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 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)

This paper evaluates the claim that it is possible to use nature’s variation in conjunction with retention and selection on the one hand, and the absence of ultimate groundedness of hypotheses generated by the human mind as it knows on the other hand, to discard the ascription of ultimate certainty to the rationality of human conjectures in the cognitive realm. This leads to an evaluation of the further assumption that successful hypotheses with specific applications, in other words heuristics, seem to (...) have a firm footing because they were useful in another context. I argue that usefulness evaluated through adaptation misconstrues the search for truth, and that it is possible to generate talk of randomness by neglecting aspects of a system’s insertion into a larger situation. The framing of the problem in terms of the elimination of unfit hypotheses is found to be unsatisfying. It is suggested that theories exist in a dimension where they can be kept alive rather than dying as phenotypes do. The proposal that the subconscious could suggest random variations is found to be a category mistake. A final appeal to phenomenology shows that this proposal is orphan in the history of epistemology, not in virtue of its being a remarkable find, but rather because it is ill-conceived. (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.

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī. (shrink)

The emergence of Critical Race Theory marked an important point in the history of racial politics in the legal academy and the broader conversation about race and racism in the United States. More recently, CRT has proven an important analytic tool in the field of education, offering critical perspectives on race, and the causes, consequences and manifestations of race, racism, inequity, and the dynamics of power and privilege in schooling. This groundbreaking anthology is the first to pull together both the (...) foundational writings in the field and more recent scholarship on the cultural and racial politics of schooling. A comprehensive introduction provides an overview of the history and tenets of CRT in education. Each section then seeks to explicate ideological contestation of race in education and to create new, alternative accounts. In so doing, this landmark publication not only documents the progress to date of the CRT movement, it acts to further spur developments in education. (shrink)

Reciprocal Ethics is a novel ethical framework rooted in praxeology, the study of purposeful action. It represents an entirely new paradigm in moral philosophy, placing interaction at the core of universal ethics. Traditional ethical theories often divorce thought from action. Reciprocal Ethics contends that they are two aspects of the same phenomenon in the human experience, removing the traditional boundary between theoretical and practical ethics. The system categorizes all social interaction as either “self-directed” or “other-directed”, and by introducing the concept (...) of "normative signaling" it also exerts legitimate prescriptive power. The theory is a self-consistent, purely descriptive approach to ethics, that suggests that one's actions serve as semiotic signs that signal one's ethical stance in social interaction. Hence actions do not only define individual moral profiles, but also the moral ecosystem within which one actually operates. The theory operates in real time, adapting to the complexity of reality by taking into account uncertainty, incomplete data and social asymmetries. Reconciling elements of consequentialism and deontological theories, Reciprocal Ethics delivers a streamlined, yet comprehensive ethical system for social interaction, offering tangible insights for navigating complex moral dilemmas. By synthesizing descriptive metaethics and normative moral philosophy into one comprehensive formal theory, a bold assertion arises: Reciprocal Ethics becomes the Formal Science of Ethics. (shrink)

This brief paper considers what to say about someone who responds to Saul Kripke’s writing by saying, “He uses ‘I’. That sounds subjective.” What to say about such an inference?! The main response I offer is that philosophy is partly about challenging, not encouraging, mistaken inferences.

Salvador Dali titled one of his books Diary of a Genius. You might think that anyone who would title his book thus must be a spoilt brat and should be “cured” of the illusion that he, or she, is so amazing. But it seems to me that there is a “position” one can occupy in which this is difficult.

How can an outsider know your society better than you? Philosophers call this kind of question “epistemological.” A well-known answer amongst anthropologists is that they may know an aspect of it better: if everyone unthinkingly makes a certain assumption and the anthropologist is aware of an alternative to that assumption. I contrast that answer with an answer “derived” from the writings of George Bernard Shaw, who claimed to know America better despite never having been there.

The paradox of an island, we are told, is at once to be isolated from and open to the rest of the world. It seems the paradox is easily solved by clarifying isolated and open to the rest of the world.

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

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

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)

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)

In this paper, I respond to a list of explanations for why female students leave philosophy, or why a number of them leave English-speaking philosophy departments, which can also be adapted for various other underrepresented groups. I distinguish between an explanation according to which departures are because of poor talent management skills and another explanation, which I call the experts in failure explanation.

A variety of mental disorders—including ASD, ADHD, major depression, and anxiety disorder, among others—may directly impact what an agent notices or fails to notice. A recent debate has emphasised the potential significance of such “impairment-derived ignorance,” and argued that failure to account for certain compelling cases would seriously undermine theories which intend to establish the conditions for blameworthy ignorance. In this comment we argue, contra a recent challenge, that Quality of Will (QW) accounts are able to explain the normative significance (...) of impairment-derived ignorance. The plausible, ambivalent results QW accounts yield in difficult cases of impairment-derived ignorance further reveals the explanatory power of such accounts when it comes to blameworthy ignorance. (shrink)

It is a commonplace that imagination is heterogeneous: we need to draw a series of cross-cutting distinctions even to begin any serious general discussion of the range of activities we take to be typical instances. The nature of the heterogeneity being exhibited is usually left unclear, however, and thus so are its consequences both for our understanding of imagination and for assessing certain challenges such as reductionism. Here it is argued that we can accept heterogeneity while recognizing important forms of (...) unity among the various kinds of imaginative activity. Four distinct but compatible strategies are considered, three of which have historical precedents in Aristotle’s and Hegel’s work. These proposals yield an interesting and plausible answer to the problem raised by heterogeneity, and have consequences for how we should respond to it. They share a plausible framework for thinking about the relationships among the various activities contemporary thinkers take to involve imagination. However, there are some ways in which deploying them is not straightforward, given some differences between modern approaches and older ones, and they conflict with a common thought about the epistemic status of imagination. (shrink)

Aristotle presents four causes in Posterior Analytics 2.11, but where we expect matter we find instead the confusing formula, ‘what things being the case, necessarily this is the case’, and an equally confusing example. Some commentators infer that Aristotle is not referring to matter, others that he is but in a non-standard way. I argue that APo. 94a20-34 presents not matter, but determination by general features or facts, including facts about something’s genus. The closest connection to matter is Aristotle’s view (...) that the relation between genus and species is analogous to that between matter and a hylomorphic compound. (shrink)

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

How far, if at all, do our intrapersonal and our interpersonal epistemic obligations run in parallel? This paper treats the question as addressing the stability of doxastic commitment in the two dimensions. In the background lies an analogy between doxastic and practical commitment. We’ll pursue the question of doxastic stability by coining a doxastic analogue of Gregory Kavka’s much-discussed toxin case. In this new case, you foresee that you will rationally abandon a doxastic commitment by undergoing a shift in the (...) context in which you doxastically deliberate. The case reveals an important stability condition on doxastic commitment that plays no role in cases modeled on Ulysses and the Sirens, the scenario that has shaped previous attempts to draw an analogy between doxastic and practical commitment. The stability condition thereby revealed is not diachronic -- it does not involve a shift in belief -- but we can construct specifically diachronic cases that reveal an important intrapersonal epistemic obligation. This obligation arises when you expect the shift in belief by ‘projecting’ yourself into a future doxastic context -- thus vindicating a restricted, but only this restricted, application of Bas van Fraassen’s Reflection Principle. Despite some important differences, we can use these diachronic cases as a model for interpersonal cases that reveal an important role for doxastic context in the epistemology of disagreement. But the roles played by projection and context in disagreement ensure that there is no general obligation to be responsive to the opinion of an epistemic peer who disagrees with you. (shrink)

This is a report on a philosophy performance that happened as part of the 2024 Long Night of Research in Austria. Maria Kronfeldner staged the content of her book “What’s left of Human Nature: A Post-Essentialist, Pluralist and Interactive Account of a Contested Concept,” (2018, MIT Press) by filling the wall in the gallery of CEU’s Library Café with pictures and text, performatively communicating the process of philosophical inquiry – the ordering of the material that one has found, the creation (...) of a coherent and complexly structured whole – to make philosophical research visible and graspable beyond the written text. The visual essay documents the event. (shrink)

If by “demon” one understands an evil occult being, then its equivalent in the Islamic narrative is the intersection of the category jinn with that of the shayātīn: a demon is a shaytān from among the jinn. The literature in the Islamic tradition on these subjects is vast. In what follows, we will select some key elements from it to provide a brief summary: first on the nature of the jinn, their nature, and their relationship to God and human beings; (...) second, on the origin, nature, and role of Shaytān (Satan himself) and the shayātīn in the moral drama of Islam. Then, we will take a closer look at the relationship between jinn and humankind, according to Islam, and the phenomena of the demonic as it manifests itself in that relation. In the process, I will entertain, tentatively, some philosophical speculation as to the nature of that ultimately mysterious relation and phenomena, drawn from what we find in the religious sources. (shrink)

This paper examines Descartes' problematic relational theory of motion, especially when viewed within the context of his dynamics, the Cartesian natural laws. The work of various commentators on Cartesian motion is also surveyed, with particular emphasis placed upon the recent important texts of Garber and Des Chene. In contrast to the methodology of most previous interpretations, however, this essay employs a modern "spacetime" approach to the problem. By this means, the role of dynamics in Descartes' theory, which has often been (...) neglected in favor of kinematic factors, is shown to be central to finding a solution to the puzzle of Cartesian motion. (shrink)

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

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

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

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

The standard representation theorem for expected utility theory tells us that if a subject’s preferences conform to certain axioms, then she can be represented as maximising her expected utility given a particular set of credences and utilities—and, moreover, that having those credences and utilities is the only way that she could be maximising her expected utility. However, the kinds of agents these theorems seem apt to tell us anything about are highly idealised, being always probabilistically coherent with infinitely precise degrees (...) of belief and full knowledge of all a priori truths. Ordinary subjects do not look very rational when compared to the kinds of agents usually talked about in decision theory. In this paper, I will develop an expected utility representation theorem aimed at the representation of those who are neither probabilistically coherent, logically omniscient, nor expected utility maximisers across the board—that is, agents who are frequently irrational. The agents in question may be deductively fallible, have incoherent credences, limited representational capacities, and fail to maximise expected utility for all but a limited class of gambles. (shrink)

George Eliot strikingly describes one of her characters as making a mistake because he has gotten his thoughts “entangled in metaphors,” saying that we all do the same. I argue that Eliot is here giving us more than an illuminating description, but drawing our attention to a distinctive kind of mistake—a form of irrationality, in fact—of which metaphor can be an ineliminable part of the correct explanation. Her fictional case helps illuminate both a neglected function of the imagination, and a (...) pervasive way in which metaphor can affect it. The function is the creation and maintenance of what I call imaginative expectations, which are relatively stable imaginative representations of future events or experiences, analogous to latent memories. These imaginative expectations have a distinctive causal profile and distinct ways of interacting with other mental activities. I argue that their formation is subject to at least two norms—a “source” norm and an “experience” norm—and show how metaphorical framing can give rise to violations of either. (shrink)

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

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

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 essay explores the vexed issue of individual corporeal substance in Descartes' natural philosophy. Although Descartes' often referred to individual material objects as separate substances, the constraints on his definitions of matter and substance would seem to favor the opposite view; namely, that there exists only one corporeal substance, the plenum. In contrast to this standard interpretation, however, it will be demonstrated that Descartes' hypotheses make a fairly convincing case for the existence of individual material substances; and the key to (...) this new found individuation is a long neglected set of passages in the Principles of Philosophy. (shrink)

Many contemporary accounts of moral status consider an individual's status to be grounded in some cognitive capacity, e.g. the capacity to experience certain states, to reason morally, etc. One proposed cognitive capacity significant particularly to killing, i.e. having a status that precludes being killed absent cause, is the capacity to value one's own life. I argue that considering this a condition for moral status is a mistake, as it would lead to the exclusion of some individuals with mental health problems (...) who are generally considered clear cases. -/- While a cognitive capacities approach may turn out to be generally feasible, that particular cognitive capacity is not. In the course of this discussion I address two conceptual issues, the first regarding what it means to 'value ones life' and the second regarding what conditions must obtain for something to count as a capacity. These conceptual issues, when resolved pursuant to this account of moral status, lead the account to exclude individuals with major depressive disorder, i.e. deny that it is morally wrong to kill such individuals based on their moral status. I then argue that this is a decisive reason to reject this particular cognitive capacity as implicated in moral status. (shrink)

Among the most popular strategies for justifying political obligations are those that appeal to the principle of fairness. These theories face the challenge, canonically articulated by Robert Nozick, of explaining how it is that persons are obligated to schemes when they receive goods that they do not ask for but cannot reject. John Simmons offers one defense of the principle of fairness, arguing that people could be bound by obligations of fairness if they voluntarily accept goods produced by a cooperative (...) scheme. Simmons, however, thinks that such a theory will do little work in justifying political obligations, since virtually no one voluntarily accepts state goods. This paper attempts to advance just such a theory by arguing that states are in fact genuine cooperative schemes and that Simmons is overly pessimistic in his appraisal of whether the majority of citizens accept the goods provided by their states. (shrink)

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

This article investigates the problem of the identity of the parts of space in Newton’s natural philosophy, as well as the holistic or structuralist nature of Newton’s ontology of space. Additionally, this article relates the lessons reached in this historical and philosophical investigation to analogous debates in contemporary space-time ontology. While previous contributions, by Nerlich, Huggett, and others, have proven to be informative in evaluating Newton’s claims, it will be argued that the underlying goals of Newton’s views have largely eluded (...) prior analysis and that Newton’s approach is similar, and lends support, to several current structuralist trends in the conception of space-time ontology. (shrink)

This essay explores Kant’s concept of absolute space in the Metaphysical Foundations from the perspective of the development of the relationist interpretation of bodily interactions in the center-of-mass reference frame, a strategy that Huygens had originally pioneered and which Mach also endorsed. In contrast to the interpretations of Kant that stress a non-relationist, Newton-inspired orientation in his critical period work, it will be argued that the content and function of Kant’s utilization of this reference frame strategy places him much closer (...) to Huygens’ relationism than the absolute notions of space and motion favored by Newton and Euler. (shrink)

Abstract. Twenty years have now passed since Jürgen Habermas published his only work on bioethics. This article has three main aims. First, to offer a comprehensive re-evaluation of The Future of Human Nature in light of the many critiques made of it. Second, to undertake a reconstruction of certain elements of the work. Third, to forge a ‘Habermasian perspective’ that draws not only from The Future of Human Nature but also from his influential theories, including those of modernity, social evolution, (...) and his discourse theory of ethics. In The Future of Human Nature, Habermas opposes the selection and enhancement of genetic traits for non-therapeutic purposes, arguing that such practices undermine autonomy and, in turn, ‘humanity’s ethical self-understanding.’ Although subject to vociferous critique, I argue that the argument from autonomy holds promise. However, for it to serve the role Habermas envisions, the impact of new genetic technologies on norms of socialization – specifically those related to individuation – must be brought to the fore. I reframe the argument by focusing on how processes of self-formation in future societies could differ radically from those in contemporary society. I also propose a further important shift: limiting objections to genetic technologies on the grounds of autonomy narrows the scope of what a Habermasian approach to normatively evaluating these technologies might offer. Departing from his original stance, the Habermasian perspective outlined here advocates a precautionary societal approach informed by key insights from his social and normative theories. (shrink)

It is tempting to interpret Marilyn Strathern as saying that the concept of nature is a social construction, because in her essay “No Nature, No Culture: the Hagen Case” she tells us that the Hagen people do not describe the world using this concept. However, I point out an obstacle to interpreting her in this way, an obstacle which leads me to reject this interpretation. Interpreting her in this way makes her inconsistent. The inconsistency is owing to a commitment that (...) she shares with previous British anthropologists, a commitment which points to an incompatibility between two intellectual traditions. (shrink)

This article probes the question of what interpretations of quantum mechanics actually accomplish. In other domains, which are briefly considered, interpretations serve to make alien systematizations intelligible to us. This often involves clarifying the status of their implicit ontology. A survey of interpretations of non-relativistic quantum mechanics supports the evaluation that these interpretations make a contribution to philosophy, but not to physics. Interpretations of quantum field theory are polarized by the divergence between the Lagrangian field theory that led to the (...) Standard Model of Particle physics and the Algebraic quantum field theory, that discounts an ontology of particles. Ruetsche's interpretation, it is argued, offers a potential for loosening the sharp polarization that presently obtains. A brief evaluation focuses on the functional ontology of quantum field theory considered as an effective theory. (shrink)

Issues of academic authorship pose few problems for philosophers or those in the humanities, yet raise a host of issues for medical researchers, engineers and scientists, where multiple authors is the norm and journal articles sometimes list hundreds of authors. At issue here are abstract questions about desert, as well as practical problems regarding the distribution of goods attached to authorship—tenure, prestige, research grants, etc. This paper defends a version of the author/contributor model, where the specific contributions of authors are (...) described in a footnote, against other models of authorial attribution. Such a model offers the best guarantee that authors will get their due, as well as providing the most reliable protection against misconduct and fraud. The paper also arguesthat it is important for this model to be institutionalized across disciplinary boundaries as the increasingly interdisciplinary nature of research will inevitably bring discipline-specific authorial norms into conflict. (shrink)

The object of this paper is not arguments from contingency in general, but specifically Aquinas’s ‘Third Way’ as it appears in his Summa Theologica. I will raise three objections to this argument. First, the argument depends on the premise, that if everything were contingent, then there would have been a time during which nothing exists, but this is not self-evident and no argument is given for it here. Secondly, Aquinas tells us that a key premise in this argument, that an (...) infinite order of things necessary through one another is impossible, has been proven just previously (in the ‘second way’) with respect to an infinite order of efficient causes. But this argument fallaciously equivocates between two different senses of the term ‘first’, and the fallacy does not disappear when applied to the ‘third way’. Thus, Aquinas not only fails, in this argument, to prove the existence of a thing necessary in itself, but fails to prove that anything is necessary at all. Lastly, this argument suffers from a puzzling ambiguity as to the meaning of the term ‘necessity’, and either way of interpreting the term consistently in the argument raises difficulties. (shrink)

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)

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