Proposals for allocating scarce lifesaving resources in the face of the Covid-19 pandemic have aligned in some ways and conflicted in others. This paper attempts a kind of priority setting in addressing these conflicts. In the first part, we identify points on which we do not believe that reasonable people should differ—even if they do. These are (i) the inadequacy of traditional clinical ethics to address priority-setting in a pandemic; (ii) the relevance of saving lives; (iii) the flaws of first-come, (...) first-served allocation; (iv) the relevance of post-episode survival; (v) the difference between age and other factors that affect life-expectancy; and (vi) the need to avoid quality-of-life judgments. In the second part, we lay out some positions on which reasonable people can and do differ. These include (i) conflicts between maximizing benefits and priority to the worst off; (ii) role-based priority; and (iii) whether patients’ existing lifesaving resources should be subject to redistribution. (shrink)

Our purpose in this article is to identify and suggest resolution for two core problematics of grounded theory. First, while grounded theory provides transparency to one part of the conceptualization process, where codes emerge directly from the data, it provides no such systematic or transparent way for gaining insight into the conceptual relationships between discovered codes. Producing a grounded theory depends not only on the definition of conceptual pieces, but the delineation of a relationship between at least two of those (...) pieces. Second, the conceptualization process of grounded theory is done in hierarchical fashion, where individual codes emerge from the data but then are used to generate insight into more general concepts and thematic statements. But various works on grounded theory have failed to provide any systematic way of using data specific levels of scale (the codes) to gain insight into more macro levels of scale (concepts and themes). We offer fractal concept analysis as a means of resolving both of these issues. By using a logic structure generator, fractal concept analysis delineates self-similar conceptual frameworks at various levels of abstraction, yielding a method for linking concepts together within and between levels of scale encountered in the grounded theory coding and categorization process. We conclude that this fractal analytic technique can bolster the aims of grounded theory as a formalized and systematic process for generating theory from empirical data. (shrink)

Is autonomy – governing yourself – compatible with letting yourself be governed by trust? This paper argues that autonomy is not only compatible with appropriate trust but actually requires it. Autonomy requires appropriate trust because it is undermined by inappropriate mistrust. An autonomous agent treats herself as answerable for her action-guiding commitments, where answerability requires openness to the rational influence of external, critical perspectives on those commitments. This openness to correction makes one vulnerable to manipulation and can be exploited in (...) ways that undermine autonomy instead of supporting it. We argue that autonomy is undermined by inappropriate trust, and that the inappropriateness lies in the agent’s failure to manifest appropriate responsiveness to evidence of untrustworthiness in the one trusted. The problem isn’t that autonomy requires dispensing with trust but that trust must itself be governed by appropriate responsiveness to evidence of untrustworthiness. Our view confronts two challenges. One challenge lies in explaining why you shouldn’t treat your vulnerability to manipulation as a general reason to let your trusting disposition lapse into an untrusting one. We argue that there is no such general reason to let your responsiveness to evidence of untrustworthiness be supplanted by a suspicious disposition to seek and require positive evidence of trustworthiness. A second, and deeper, challenge arises from the fact that in some especially sophisticated cases of manipulation there is no evidence of untrustworthiness to which you could respond. We argue that you cannot rationally cope with even this unresolvable risk of exploited trust by trusting only yourself. (shrink)

What is the best question to ask an omniscient being? The question is intriguing; is it also paradoxical? We discuss several versions of what Ned Markosian calls the paradox of the question and suggest solutions to each of those puzzles. We then offer some practical advice about what do if you ever have the opportunity to query an omniscient being.

Why do a conceptual analysis on a word that we already know how to use? Marilyn Strathern provides some information on garden cities and suburbs which suggests a novel solution to me.

Vaccine refusal forces us to confront tensions between many values, including scientific expertise, parental rights, children’s best interests, social responsibility, public trust, and community health. Recent outbreaks of vaccine-preventable and emerging infectious diseases have amplified these issues. The prospect of a coronavirus disease 2019 vaccine signals even more friction on the horizon. In this contentious sociopolitical landscape, it is therefore more important than ever for clinicians to identify ethically justified responses to vaccine refusal.

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.

In ANARCY, STATE AND UTOPIA Robert Nozick says that the fundamental question of political philosophy, one that precedes questions about how the state should be organized, is whether there should be any state at all. In the first part of his book he attempts to justify the state. We argue that he is not successful.

ABSTRACT According to comparativism, comparative confidence is more fundamental than absolute confidence. In two recent AJP papers, Stefánsson has argued that comparativism is capable of explaining interpersonal confidence comparisons. In this paper, I will argue that Stefansson’s proposed explanation is inadequate; that we have good reasons to think that comparativism cannot handle interpersonal comparisons; and that the best explanation of interpersonal comparisons requires thinking about confidence in a fundamentally different way than that which comparativists propose: specifically, we should think of (...) confidence as a dimensionless quantity. (shrink)

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

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)

Timelines is an inquiry into the nature of time, both as an apparent feature of the external physical world and as a fundamental feature of our experience of ourselves in the world. The principal argument of Timelines is that our coventional ideas about time are largely mistaken and that what we think of as independent physical time is actually our calibration of a certain relation between events. Namely, the relation between time-keeping events and the causal sequential differences of physical processes (...) which are real and independent of us. (shrink)

[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)

What is the relationship between myths and the iconic? This paper analyzes a dialogue from an R.K. Narayan novel which suggests a criterion for belonging to a natural kind in the world of myth, a criterion which makes reference to the iconic.

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)

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)

Joseph Raz criticizes John Rawls for a procedure supporting a non-adaptable constitution. This paper considers how a non-adaptable constitution can seem not so counterintuitive and also when.

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

I distinguish two senses of the word “deconstruction.” Then I quote a passage by a critic from the 1860s which, together with trends of that time, gives rise to the question of whether deconstructive interpretation existed in the nineteenth century.

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.

This paper investigates a famous argument, first introduced by Richard Taylor, that attempts to establish a radical similarity in the concepts of space and time. The argument contends that the spatial and temporal aspects of material bodies are much more alike, or analogous, than has been hitherto acknowledged. As will be demonstrated, most of the previous investigations of Taylor and company have failed to pinpoint the weakest link in their complex of analogies. By concentrating on their most fundamental cases, however, (...) a substantial difference, or disanalogy, can be brought to light that undermines this purported equivalence of space and time. (shrink)

John Wesley insisted that love is the “sum of all” in real Methodism, Christianity, and True Religion. This “sum” includes “God is love,” the two love commandments, and all beliefs, affections, and good works that are derived from, express, and nurture love to God, neighbors, and every creature God has made. Wesley expressly rejected Biblical doctrines and practices that are unloving such as predestination, God hated Esau, and the many malicious and vengeful imprecatory Psalms. Wesley’s example encourages us to reconsider (...) LGBTQ issues in light of “What would be the most loving thing to do?,” and to reject such unloving and unethical Biblical commandments as putting to death all people who work on the Sabbath, all practicing male homosexuals, and both the male and female partners involved in adultery. What else? Taking Wesley very seriously might require changes in the curriculum of Wesleyan divinity schools, and in the contents of Wesleyan preaching. (shrink)

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)

The role of conventions in the formulation of Thomas Reid’s theory of the geometry of vision, which he calls the “geometry of visibles”, is the subject of this investigation. In particular, we will examine the work of N. Daniels and R. Angell who have alleged that, respectively, Reid’s “geometry of visibles” and the geometry of the visual field are non-Euclidean. As will be demonstrated, however, the construction of any geometry of vision is subject to a choice of conventions regarding the (...) construction and assignment of its various properties, especially metric properties, and this fact undermines the claim for a unique non-Euclidean status for the geometry of vision. Finally, a suggestion is offered for trying to reconcile Reid’s direct realist theory of perception with his geometry of visibles. (shrink)

Political philosophers sometimes write of liberal democracies, but which societies, if any, are liberal democracies? John Rawls says that in the public political culture of a liberal democracy, we find the principle that this society should be a fair system of cooperation between free and equal individuals. In this paper, I draw attention to how, if we grant Rawls’s definition, a society can easily be mistaken for a liberal democracy when it is not. I then argue that Andrew March, Gabrielle (...) Badano and Alasia Nuti have not given sufficient evidence for treating various European societies as Rawlsian liberal democracies. (shrink)

This article outlines the basics of Robert S. Hartman's theory of formal axiology.

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

The economist David K. Levine claims that if a government of a country makes torture legal, the inevitable result will be torture that is out of control. I point out an inconsistency in his approach to torture. I then argue that we should be open to rare counterexamples to his claim and describe a kind of counterexample.

[This draft is dated November 2007. I wrote it while I was a fellow at the Center for 21st Century Studies at UW-Milwaukee, in 2005-06, and published it only on the Center's website as a working paper. Many of the core ideas in this paper wound up in "Receptivity and the Will," Nous 2009, "Assertion, Sincerity, and Knowledge," Nous 2013, and "Assurance and Warrant," Philosophers' Imprint 2014 -- though formulated rather differently. What follows is the original abstract.] This working paper (...) extends a project that I’ve been developing for several years on the role of trust, including self-trust, in rationality and personal autonomy. I’m interested equally in epistemic questions (what to believe) and in practical questions (how to act), though the present paper addresses only the former. In an earlier paper on the epistemic side of my project, “Telling as Inviting to Trust” (Philosophy and Phenomenological Research, May 2005), I offered an explanation of how you can get an entitlement to believe something simply by trusting someone when she tells you it’s so, the entitlement deriving not merely from the assurance but from the trustworthy character of the one who gives it. The present paper adapts my explanation of believing-on-another’s-word to belief as such, via the observation that you can’t form a belief without trusting someone’s judgment – if only your own. I view intrapersonal reasoning about what to believe as an internalization of the interpersonal cases I analyzed in that earlier paper. In each instance, belief-formation has a second-personal dynamic: an invitation to trust on one side, trusting acceptance of that invitation on the other. If I’m right, the dynamic at the heart of all belief manifests not autonomy but a trusting heteronomy, whereby you render yourself appropriately receptive to judgment – your own or another’s. (The idea that judging is inviting self-trust first occurred to me in 2002, but I didn’t get a chance to develop it properly till 2005-06, my fellowship year at the Center for 21st Century Studies. I appreciate the support.). (shrink)

This essay explores various problematical aspects of Descartes' conservation principle for the quantity of motion (size times speed), particularly its largely neglected "dual role" as a measure of both durational motion and instantaneous "tendencies towards motion". Overall, an underlying non-local, or "holistic", element of quantity of motion (largely derived from his statics) will be revealed as central to a full understanding of the conservation principle's conceptual development and intended operation; and this insight can be of use in responding to some (...) of the recent and traditional criticisms of Descartes' physics. (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 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)

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)

Nelson et al.(2023) argue that the inclusion of personal experience in bioethical debates has significant benefits and liabilities, illustrating their claim with two examples: unproven medical treatments and disability bioethics. We believe that the benefits of including personal experience in disability bioethics far exceed its liabilities. The absence of participants with relevant experience impoverishes and biases bioethical debates, while the biases risked by their inclusion are hardly unique to personal experiences and are readily mitigated.

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 essay examines Hobbes’ philosophy of space, with emphasis placed on the variety of interpretations that his concept of imaginary space has elicited from commentators. The process by which the idea of space is acquired from experience, as well as the role of nominalism, will be offered as important factors in tracking down the elusive content of Hobbes’ conception of imaginary space.

This paper considers five counterexamples to Mary Douglas's definition of dirt, one of which is extracted from a scene from George Eliot's novel Middlemarch and another from Marilyn Strathern's essay on anthropology at home.

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)

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)

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 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)

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 article summarizes and critique’s Robert S. Hartman’s four alleged “proofs for the infinite value of man.” Each “proof” assumes that all individual human beings actually contain within themselves an infinite number of good-making properties, and that this accounts for the literal infinite worth of each. Hartman developed four variations on this central theme. This critique shows that none of his arguments are plausible and none succeed in “proving” their conclusion.

In De gravitatione, Newton contends that Descartes' physics is fundamentally untenable since the "fixed" spatial landmarks required to ground the concept of inertial motion cannot be secured in the constantly changing Cartesian plenum. Likewise, it is has often been alleged that the collision rules in Descartes' Principles of Philosophy undermine the "relational" view of space and motion advanced in this text. This paper attempts to meet these challenges by investigating the theory of connected gears (or "kinematics of mechanisms") for a (...) potential Cartesian method of positing the permanent reference frames necessary to uphold Descartes' conservation law for the quantity of motion. In particular, the insights gained from an examination of the kinematics of mechanisms will provide the Cartesian with much needed resources to counter the two threats posed above. (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)

Is there anything new to be said about Anselm's ontological argument? Recent work by Lynne Baker and Gareth Matthews raises some interesting and important questions about the argument. First, Anselm's argument is set in the context of a prayer to God, whose existence Anselm seeks to prove. Is that peculiar or paradoxical? Does it imply that Anselm's prayer is insincere? Baker and Matthews have offered a novel interpretation of Anselm's argument, designed to solve a crucial problem with it. Does their (...) interpretation succeed in solving that problem? This paper addresses both of these questions. (shrink)

H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.

Shashi Tharoor criticizes R.K. Narayan for using expressions that seemed to have been learnt from a school textbook and have been hollowed by repetition. But he does so using an expression that sounds as if from school. What are we to make of this? I propose that it undermines one of his other criticisms, which is that Narayan’s style reflects his narrow experience and cannot be used beyond that range.