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

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 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.

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.

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

Jeanette Edwards sounds as if she wishes to reject the question “Why did you do fieldwork there?” I propose a metaphysical route to this, which is to say, “The self before fieldwork is not my self,” but this conflicts with the traditional Lockean account of personal identity.

I propose some arguments suggested by Descartes' text for the conclusion that we are not identical to our bodies. I suggest that a natural extension of those arguments leads to Plantinga's Replacement Argument. I conclude that even if such an argument is plausible, its conclusion does not establish the further claim that we can exist without a body.

This paper presents what I at least regard as a University of Oxford style response to a question often posed to social anthropologist Jeanette Edwards, “Why Bacup?” The question can be a brief way of communicating various puzzles which an inquirer is seeking to solve and I presume “an Oxford person” is going to ask for a clarification of the question, perhaps offering some options.

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

This brief paper reviews language and presentation in a match report by Oliver Yew, senior football journalist for Sky Sports. I praise the bullet point summary, I note inconsistency in tenses used, and I ask after the definition of a consolation goal, presenting my own understanding.

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)

I raise a worry that Shashi Tharoor’s criticism that “much of Narayan’s prose reads like a translation” is inconsistent with his criticism “the ABC of bad writing – archaisms, banalities and cliches – abounded” because these things tend to be worded in a way that exploits local linguistic features, such as alliteration, making translation difficult. I also flag another inconsistency worry, but earlier in this paper.

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 one-page handout specifying five kinds of legitimacy.

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

It is tempting to represent anthropology at home versus anthropology in exotic places like so: “Whereas the latter is obviously legitimate and of interest to the discipline, the former is a borderline phenomenon at best and no department could function with just it. It is probably parasitic.” This paper offers a deconstruction of this portrait, but not a spectacular one, in which anthropology at home is presented as essential for accountability.

Shashi Tharoor criticizes R.K. Narayan in the following way: “Narayan’s prose was like a bullock-cart: a vehicle that can move only in one gear, is unable to turn, accelerate or reverse, and remains yoked to traditional creatures who have long since been overtaken.” I think there is a quick defence, which is that it is very unlikely that one can write the different kinds of works he did without being able to significantly change pace; but there is an objection from (...) Joseph Conrad criticism. (shrink)

This paper presents an alternative interpretation of what Milan Kundera tells us about the contents of the ostriches’ speech, which does not involve a satirical puncturing of the ominous atmosphere. Their talk sounds like human talk earlier in the book because they are being turned into parrots.

Mary Beard argues against the claim that its relationship to British colonialism adequately explains why The Golden Bough was popular, drawing attention to other stuff in the book aside from information about British colonies. I make an objection that British colonialists would have been interested in expanding their empire.

This paper argues against a thesis that Shashi Tharoor seems to accept: that R.K. Narayan’s style is bound up with a very specific context, of people left behind by the times in South India. It cannot deal with other subject matter. I present a little fiction to challenge the thesis.

In the paper, certain rational postulates for protocols describing real communicating are introduced.These rational postulates, on the one hand, allow assigning a certain typology of real systems of interactions, which is consistent with the reality of epistemic argumentation in systems of communicating, and on the other one – defining rules of using argumentation in real situations. Moreover, the presented postulates for protocols characterize information networks and administering knowledge in real interactivity systems. Due to the epistemic character of the considerations, the (...) problem undertaken in the paper concerns working out fundamental assumptions that refer to building of epistemic logics. They allow establishing the correctness of the discourse defined by rational postulates of protocols of real communication. In the context of the presented problem there are the following two research questions distinguished: 1) How do we determine the rule of building of real dynamic epistemic logics? and 2) How should we define semantics for these logics? Within the framework of considerations relating to the research questions asked, certain epistemic operators, relativized to types of communicating, are introduced. Basic logical relations between using these operators are established for these operators. The relations are presented by a diagram called the square of epis temic operators. On the basis of these logical relations some axioms for real dynamic epistemic logics are presented. The semantics of real dynamic epistem ic logics is extended by the methods of lower and upper approximation of formula evaluating. This allows defining ‘approximation Kripke models’. The results of conceptualization of knowledge on real premises of epistemic argum entation presented in this paper can be applied to rhetoric in real systems of interaction. (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)

[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)

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

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

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.

This paper explores various metaphysical aspects of Leibniz’s concepts of space, motion, and matter, with the intention of demonstrating how the distinctive role of force in Leibnizian physics can be used to develop a theory of relational motion using privileged reference frames. Although numerous problems will remain for a consistent Leibnizian relationist account, the version developed within our investigation will advance the work of previous commentators by more accurately reflecting the specific details of Leibniz’s own natural philosophy, especially his handling (...) of the dynamical interactions of plenum bodies. (shrink)

This document briefly summarizes several objections to Thomas Kuhn on science, including by Feyerabend, Davidson, and Fodor.

Completing the systematic henadological interpretation of Proclus' Platonic Theology begun in "The Intelligible Gods in the Platonic Theology of Proclus" (Méthexis 21, 2008, pp. 131-143) and "The Second Intelligible Triad and the Intelligible-Intellective Gods" (Methexis 23, 2010, pp. 137-157), the present article concerns the conditions of the emergence of fully mediated, diacritical multiplicity out of the polycentric henadic manifold. The product of the activity of the intellective Gods (that is, the product of the intellective activity of Gods as such), in (...) resolving the contradiction between existential uniqueness and universalizable potencies in the divine natures, also grounds the human exercise of phi- losophical cognition in the founding self-analysis of divine individuals. (shrink)

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)

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)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

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

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)

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 treats two questions about the relation between trust and the will. One question, about trust, is whether you can trust ‘at will.’ Can you trust despite acknowledging that you lack evidence of the trustee’s worthiness of your trust? Another question, about the will, is whether you can exercise your will at all without trust – at least, in yourself. I treat the second question as a guide to the first, arguing that the role of trust in the will (...) reveals how you can trust at will. The key lies in distinguishing two ways of being responsive to evidence. On the one hand, you cannot trust someone – whether another person or your own earlier self – whom you judge unworthy of your trust. On the other hand, trust does not require a positive assessment of trustworthiness. I thus take issue with Pamela Hieronymi’s analysis of trust as a “commitment-constituted attitude.” Your trust is indeed constrained by your responsiveness to evidence of untrustworthiness, but you need undertake no commitment akin to or involving a judgment that the trustee is trustworthy. We can see why trust is not a commitment-constituted attitude by seeing how trust itself plays a role in forming a commitment. (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)

I propose a solution to the paradox of the kalela dance, as presented by Richard Werbner, based on a variety of liberalism I once identified.

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)

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

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

Traditional hedonists like Epicurus, Bentham and Sidgwick were quantitative hedonists who assumed that pleasures and pains differ, not just from each other, but also from other pleasures and pains only in such quantitatively measurable ways as intensity, duration, and nearness or remoteness in time. They also differ with respect to their sources or causes. John Stuart Mill introduced an interesting and important complication into the modern theory of hedonism by insisting that pleasures also differ qualitatively as well as quantitatively. This (...) article thoroughly and critically examines Mill’s attempt to explain what qualitative differences might mean, and it proposes, defends, and extends a plausible theory of qualitative differences. (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)

Practical commitment is Janus-faced, looking outward toward the expectations it creates and inward toward their basis in the agent’s will. This paper criticizes Kantian attempts to link these facets and proposes an alternative. Contra David Velleman, the availability of a conspiratorial perspective (not yours, not your interlocutor’s) is what allows you to understand yourself as making a lying promise – as committing yourself ‘outwardly’ with the deceptive reasoning that Velleman argues cannot provide a basis for self-understanding. Moreover, the intrapersonal availability (...) of such a third perspective is what enables you to commit yourself ‘inwardly.’ Here I offer an alternative to Christine Korsgaard’s account of practical commitment, on which committing yourself requires identifying yourself with a principle. You needn’t identify yourself with a principle, I argue, because the unity at which you aim when you commit yourself is a unity not with your acting self but with a later perspective, where the relation is one of self-intelligibility, not self-justification, and therefore needn’t be mediated by principles. This ‘twice-future’ perspective – neither your present intending nor your (once-)future acting but a third perspective that looks back on that relation – plays the intrapersonal role played in interpersonal commitment by potential co-conspirators. Kantians are therefore right to link your ability to commit yourself with your ability credibly to express that commitment to others. But the linkage generates a strikingly unKantian result. The nature of agency cannot provide an apriori basis for honesty because what enables you to commit yourself is what also enables you to lie. (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)

I draw attention to how one of Donald Davidson’s arguments against the claim that others have an alternative conceptual scheme does not look compatible with his rejection of analytic truths – how his rejection of the third dogma of empiricism depends on accepting the first. The appendix contests Davidson’s approach to organizing the Pacific Ocean.

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)

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)