Foucault's governmentality lectures at the Collège de France analyze the history of the state through the lens of governmental reason. However, these lectures largely omit consideration of the relationship between discipline and the state, prioritizing instead raison d'État and liberalism as dominant state technologies. To remedy this omission, I turn to Foucault's early studies of discipline and argue that they provide materials for the reconstruction of a genealogy of the "disciplinary state." In reconstructing this genealogy, I demonstrate that the disciplinary (...) state marks the "dark side" of the liberal state, a dark side which is, moreover, largely obscured in the governmentality lectures. I further construe the difference between this early genealogy of the state and the later governmental studies in methodological terms. At stake in this difference is the historiographic status of capitalism and social conflict. Foucault's governmentality lectures employ what I term an "idealist disavowal," thereby treating capitalism and social conflict as irrelevant to the history of the state. The early disciplinary studies, on the other hand, enact a "materialist avowal," by which these objects are avowed as central to the explanation of how and why the state develops. Finally, I argue that Foucault's governmental genealogy of the liberal state is explanatorily and analytically incomplete, while the genealogy of the disciplinary state contributes to its completion on both fronts. (shrink)

According to the Counterfactual Comparative Account of harm and benefit, an event is overall harmful for a subject to the extent that this subject would have been better off if it had not occurred. In this paper we present a challenge for the Counterfactual Comparative Account. We argue that if physical processes are chancy in the manner suggested by our best physical theories, then CCA faces a dilemma: If it is developed in line with the standard approach to counterfactuals, then (...) it delivers that the value of any event for a subject is indeterminate to the extreme, ranging from terribly harmful to highly beneficial. This problem can only be avoided by developing CCA in line with theories of counterfactuals that allow us to ignore a-typical scenarios. Doing this generates a different problem: when the actual world is itself a-typical we will sometimes get the result that the counterfactual nonoccurrence of an actual benefit is itself a benefit. An account of overall harm bearing either of these two implications is deficient. Given the general aspiration to account for deprivational harms and the dominance of the Counterfactual Comparative Account in this respect, theorists of harm and benefit face a deadlock. (shrink)

Identity-Relative Paternalism, as defended by Wilkinson, holds that paternalistic intervention is justified to prevent an individual from doing to their future selves (where there are weakened prudential unity relations between the current and future self) what it would be justified to prevent them from doing to others.1 Wilkinson, drawing on the work of Parfit and others, defends the notion of Identity-Relative Paternalism from a series of objections. I argue here, however, that Wilkinson overlooks a significant problem for Identity-Relative Paternalism—namely, that (...) it yields unactionable and self-contradictory results when applied to choices where both options present potential harms to future selves. (shrink)

Two main claims are defended in this paper: first, that typical disputes in the literature about the ontology of physical objects are merely verbal; second, that the proper way to resolve these disputes is by appealing to common sense or ordinary language. A verbal dispute is characterized not in terms of private idiolects, but in terms of different linguistic communities representing different positions. If we imagine a community that makes Chisholm's mereological essentialist assertions, and another community that makes Lewis's four-dimensionalist (...) assertions, the members of each community speak the truth in their respective languages. This follows from an application of the principle of interpretive charity to the two communities. (shrink)

What determines the degree to which some event harms a subject? According to the counterfactual comparative account, an event is harmful for a subject to the extent that she would have been overall better off if it had not occurred. Unlike the causation based account, this view nicely accounts for deprivational harms, including the harm of death, and for cases in which events constitute a harm rather than causing it. However, I argue, it ultimately fails, since not every intrinsically bad (...) state that is counterfactually dependent on an event contributes to its degree of harm. So while the causation based account is too restrictive, the counterfactual comparative view is not restrictive enough. In light of this, I suggest an alternative, explanation based account of overall harm, according to which the degree to which some event is harmful for a subject is determined by the degree to which (crudely) the states explained by it are overall more intrinsically bad than intrinsically good for her. (shrink)

Before the semester begins, a teacher tells his students: “There will be exactly one exam this semester. It will not take place on a day that is an immediate-successor of a day that you are currently in a position to know is not the exam-day”. Both the students and the teacher know – it is common knowledge – that no exam can be given on the first day of the semester. Since the teacher is truthful and reliable, it seems that (...) the students can know that what he says is true. However, in that case, assuming the students can know that they know whatever it is they know (KK) and assuming their knowledge is closed under entailment (closure), the students can reason from what they know to the conclusion that no exam will take place during the semester. This conclusion contradicts what they supposedly know: that there will be an exam. This puzzle, we argue, gives rise to a new consideration for the rejection of KK. We discuss unique features of the argument, especially in comparison to Timothy Williamson's rejection of KK in light of other versions of the surprise exam paradox. (shrink)

It is now well-known that Newton–Cartan theory is the correct geometrical setting for modelling the quantum Hall effect. In addition, in recent years edge modes for the Newton–Cartan quantum Hall effect have been derived. However, the existence of these edge modes has, as of yet, been derived using only orthodox methodologies involving the breaking of gauge-invariance; it would be preferable to derive the existence of such edge modes in a gauge-invariant manner. In this article, we employ recent work by Donnelly (...) and Freidel in order to accomplish exactly this task. Our results agree with known physics, but afford greater conceptual insight into the existence of these edge modes: in particular, they connect them to subtle aspects of Newton–Cartan geometry and pave the way for further applications of Newton–Cartan theory in condensed matter physics. (shrink)

Scientists often diverge widely when choosing between research programs. This can seem to be rooted in disagreements about which of several theories, competing to address shared questions or phenomena, is currently the most epistemically or explanatorily valuable—i.e. most successful. But many such cases are actually more directly rooted in differing judgments of pursuit-worthiness, concerning which theory will be best down the line, or which addresses the most significant data or questions. Using case studies from 16th-century astronomy and 20th-century geology and (...) biology, I argue that divergent theory choice is thus often driven by considerations of scientific process, even where direct epistemic or explanatory evaluation of its final products appears more relevant. Broadly following Kuhn’s analysis of theoretical virtues, I suggest that widely shared criteria for pursuit-worthiness function as imprecise, mutually-conflicting values. However, even Kuhn and others sensitive to pragmatic dimensions of theory ‘acceptance’, including the virtue of fruitfulness, still commonly understate the role of pursuit-worthiness—especially by exaggerating the impact of more present-oriented virtues, or failing to stress how ‘competing’ theories excel at addressing different questions or data. This framework clarifies the nature of the choice and competition involved in theory choice, and the role of alternative theoretical virtues. (shrink)

Quantifier variance is a well-known view in contemporary metaontology, but it remains very widely misunderstood by critics. Here we briefly and clearly explain the metasemantics of quantifier variance and distinguish between modest and strong forms of variance (Section I), explain some key applications (Section II), clear up some misunderstandings and address objections (Section III), and point the way toward future directions of quantifier-variance-related research (Section IV).

Abstract (German version follows): -/- This paper develops a new proposal for a coherentist business ethic in which ethically justified and empirically supported proposed solutions to economic problems are developed through a coherentist process of adjustments between the three levels of (1) conception of problem and its solution, (2) positive economic theory, and (3) ethical theories. Using an example, it illustrates how in this framework, Homann's business ethics gains in validity and relevance but loses its claim to universality. // -/- (...) Diese Arbeit entwickelt eine kohärentistische Wirtschaftsethik, in der ethisch begründete und empirisch gestützte Lösungsvorschläge für ökonomische Probleme durch einen kohärentistischen Anpassungsprozess zwischen den drei Ebenen (1) Auffassung von Problem und Lösungsansatz, (2) positive ökonomische Theorie, sowie (3) ethischen Theorien erarbeitet werden. Anhand eines Beispiels wird illustriert, wie Homanns Wirtschaftsethik in diesem Rahmen an Validität und Relevanz gewinnt, jedoch ihren Universalitätsanspruch verliert. (shrink)

In this essay I seek to critically evaluate some forms of holism and organicism in biological thought, as a more deflationary echo to Gilbert and Sarkar's reflection on the need for an 'umbrella' concept to convey the new vitality of holistic concepts in biology (Gilbert and Sarkar 2000). Given that some recent discussions in theoretical biology call for an organism concept (from Moreno and Mossio’s work on organization to Kirschner et al.’s research paper in Cell, 2000, building on chemistry to (...) articulate what they called “molecular vitalism,” studying the “vitalistic” properties of molecular, cellular, and organismal function, and Pepper and Herron’s suggestion in their 2008 paper that organisms define a category that evolutionary biology cannot do without), the question, what concept of organicism are they calling for? To what extent are such claims philosophically committed to a non-naturalistic concept of organism as organizing centre, as a foundational rather than heuristic concept – or possibly a “biochauvinism,” to use Di Paolo’s term (Di Paolo 2009)? My aim in this paper is to conceptually clarify the forms of holism and organicism that are involved in these cases (and I acknowledge that the study of early 20th-century holisms [Peterson 2010] indicates that not all of them were in fact ‘organicist’ or ‘biologistic’). I suggest that contemporary holists are still potentially beholden to a certain kind of vitalism or “biochauvinism”; but that when they reduce their claims to mere heuristics, conversely, they risk losing sight of a certain kind of organizational “thickness”, a “vital materiality” (Wheeler 2010) which is characteristic of biological systems (Bechtel 2007). And I ask if it is possible to articulate a concept of biological holism or organicism which is neither an empirical ‘biochauvinism’ nor a metaphysical ‘vitalism’? (shrink)

Denis Diderot’s natural philosophy is deeply and centrally ‘biologistic’: as it emerges between the 1740s and 1780s, thus right before the appearance of the term ‘biology’ as a way of designating a unified science of life (McLaughlin), his project is motivated by the desire both to understand the laws governing organic beings and to emphasize, more ‘philosophically’, the uniqueness of organic beings within the physical world as a whole. This is apparent both in the metaphysics of vital matter he puts (...) forth in works such as D’Alembert’s Dream (1769) and the more empirical concern with the mechanics of life in his manuscript Elements of Physiology, on which he worked during the last twenty years of his life. This ‘biologism’ obviously presents the interpreter of Diderot with some difficulties, notably as regards his materialism, given that contemporary forms of materialism have on the contrary strongly rejected notions of emergence, vitalism, teleology and any concepts appealing to unique, irreducible features of organisms. In response, some have described him as a ‘holist’ (Kaitaro) while others have emphasized his materialist, naturalist project (Bourdin, Wolfe). In what follows I examine a little-known aspect of Diderot’s articulation of his biological project: his statement in favour of epigenesis within the short but suggestive Encyclopédie article “Spinosiste.” Diderot was, of course, a partisan of epigenesis (the developmental-biological theory opposed to preformation, according to which beings develop by successive adjunction of layers of matter), but why include a statement in favour of a particular biological (or developmental) theory within an entry dealing with a philosopher, Spinoza, who does not seem to have been concerned at all with the specific properties of living beings, how they grow from embryonic to developed states, and so on? By trying to answer this question I also try and locate Diderot’s biological project in relation to what will become, in the years after his death, the project for a science called ‘biology’, with figures such as Treviranus and Lamarck. For it is not clear that the two can be easily correlated or causally linked: Diderot’s ‘epigenetic Spinozism’ is a different conceptual entity from what we find in histories of biology. (shrink)

What is it for someone to be part of a game? While significant work has been done on the concept of playing a game, less has been done on the concept of being part of a game. This paper looks at how someone’s status of being part of a game can be distinguished from their status of playing a game, and then introduces a new taxonomy for the different ways in which someone can be part of a game.

I defend the claim that we have the capacity to perceptually represent objects and events in experience as deviating from an expectation, or, for short, as deviant. The rival hypothesis is that we may ascribe the property of deviance to a stimulus at a cognitive level, but that property is not a representational content of perceptual experience. I provide empirical reasons to think that, contrary to the rival hypothesis, we do perceptually represent deviance.

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...) how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)

The materialist approach to the body is often, if not always understood in ‘mechanistic’ terms, as the view in which the properties unique to organic, living embodied agents are reduced to or described in terms of properties that characterize matter as a whole, which allow of mechanistic explanation. Indeed, from Hobbes and Descartes in the 17th century to the popularity of automata such as Vaucanson’s in the 18th century, this vision of things would seem to be correct. In this paper (...) I aim to correct this inaccurate vision of materialism. On the contrary, the materialist project on closer consideration reveals itself to be, significantly if not exclusively, (a) a body of theories specifically focused on the contribution that ‘biology’ or rather ‘natural history’ and physiology make to metaphysical debates, (b) much more intimately connected to what we now call ‘vitalism’ (a case in point is the presence of Théophile de Bordeu, a prominent Montpellier physician and theorist of vitalism, as a fictional character and spokesman of materialism, in Diderot’s novel D’Alembert’s Dream), and ultimately (c) an anti-mechanistic doctrine which focuses on the unique properties of organic beings. To establish this revised vision of materialism I examine philosophical texts such as La Mettrie’s Man a Machine and Diderot’s D’Alembert’s Dream; medical entries in the Encyclopédie by physicians such as Ménuret and Fouquet; and clandestine combinations of all such sources (Fontenelle, Gaultier and others). (shrink)

Philosophers have cataloged a range of genealogical methods by which different sorts of normative conclusions can be established. Although such methods provide diverging ways of pursuing genealogical inquiry, they typically converge in eschewing historiographic methodology, in favor of a uniquely philosophical approach. In contrast, one genealogist who drew on historiographic methodology is Michel Foucault. This article presents the motivations and advantages of Foucault's genealogical use of such a methodology. It advances two mains claims. First, that Foucault's early 1970s work employs (...) a distinct genealogical method, which borrows from contemporary historiographic models of explanation to expand the range of objects that are proper to genealogical accounts of historical change. I demonstrate how Foucault modifies two central commitments of Nietzsche by broadening the dimensions of genealogical inquiry and explanation. Second, that historical method has normative relevance for genealogy, insofar as different historiographic choices can lead to different normative conclusions. I motivate this second claim by explaining how Foucault's multidimensional genealogical method expands both (a) the range of objects that are subject to evaluative assessment, and (b) the set of possible prescriptive recommendations that follow from such assessment. (shrink)

Scott Kretchmar recently put forth a new definition of what it is to play a game. Unfortunately, it must be rejected. In this paper, I show that this new definition is far too broad by discussing an activity that is not an instance of playing a game but is wrongfully ruled as one on this new definition.

When philosophers consider factors compromising autonomy in consent, they often focus solely on the consent-giver’s agential capacities, overlooking the impact of the consent-receiver’s conduct on the consensual character of the activity. In this paper, I argue that valid consent requires justified trust in the consent-receiver to act only within the scope of consent. I call this the Trust Condition (TC), drawing on Katherine Hawley’s commitment account of trust. TC constitutes a belief that the consent-receiver is capable and willing to act (...) as we expect from them. If such trust is not warranted, I argue, consent lacks the appropriate normative grounds. After establishing TC, I explore its application in the sexual arena, asserting that due to the non-contractual dimensions of sexual activity — such as the dynamic nature of sexual desires and the absence of external factors effectively binding sexual partners to the terms of consent—trust is warranted in sexual consent by means of care. I define care as a special sensitivity and attention toward the partner’s will and discuss how this approach leads to safer intimate relationships in practice. (shrink)

In “Harmful Choices, the Case of C, and Decision-Making Competence,” Pickering and colleagues advance an argument in favor of externalism, a view in which the competence of a decision maker is judged relative to factors external to their cognition. In advancing this argument, Pickering and colleagues focus on the external factor of harm: In their view, it is the harmfulness of a considered or chosen action that provides evidence against the competence of the decision maker. However, the proper identification of (...) harmful choices and outcomes remains a demanding task, largely because our understanding of what harm is remains deeply incomplete. Despite 50 years of tempestuous debate, the metaphysics of harm remains an unsettled question. The existence of such a debate does not, in and of itself, provide evidence against the externalist position; rather, it is the theories of harm themselves that pose meaningful challenges for the externalist. Our purpose, here, is to illuminate these challenges. (shrink)

To clarify the proper role of values in science, focusing on controversial expert responses to Covid-19, this article examines the status of (in)convenient hypotheses. Polarizing cases like health experts downplaying mask efficacy to save resources for healthcare workers, or scientists dismissing “accidental lab leak” hypotheses in view of potential xenophobia, plausibly involve modifying evidential standards for (in)convenient claims. Societies could accept that scientists handle (in)convenient claims just like nonscientists, and give experts less political power. Or societies could hold scientists to (...) a higher bar, by expecting them not to modify evidential standards to avoid costs only incidentally tied to error. (shrink)

In this paper, I discuss a subset of preferences in which a person desires the fulfillment of a choice they have made, even if it involves the violation of their desires, as in rape fantasies. I argue that such cases provide us with a unique insight into personal autonomy from a proceduralist standpoint. In its first part, I analyze some examples in light of Frankfurt's endorsement theory and argue that even when we cannot endorse a practical decision that involves being (...) violated, we nonetheless regard those cases as instances of autonomy. Therefore, autonomy does not necessarily require endorsement. Instead, I propose that the nature of the relevant highest-order volition dictates the procedure that should be established in one’s desire structure for its fulfillment. In the second part, I discuss how an agent may effectively consent to the violation of their decision by another person. Ordinary consent typically refers to actions but fails to communicate one's higher-order desires or commitments. To address this limitation, I propose a practical tool that accomplishes this by signaling shifts in the normative context where the agents are interacting. (shrink)

If we want to be fair judges of all situations, first of all, we must convince ourselves that none of us are without fault. "seneca".

While the idea of art as self-expression can sound old-fashioned, it remains widespread—especially if the relevant ‘selves’ can be social collectives, not just individual artists. But self-expression can collapse into individualistic or anthropocentric self-involvement. And compelling successor ideals for artists are not obvious. In this light, I develop a counter-ideal of creative receptivity to basic features of the external world, or artistic objectivity. Objective artists are not trying to express themselves or reach collective self-knowledge. However, they are also not disinterested (...) or emotionless. They can be unmoved by personal feelings and human concerns, but they are still receptive—just attuned to the more elemental forces that creatively inspire them. I elaborate this ideal in dialogue with John Ruskin’s influential critique of the pathetic fallacy. By contextualizing Ruskin’s view vis-à-vis Romantic and Modernist poetics, post-Kantian aesthetics, modern environmental art, and contemporary theories of expressiveness, I show how it indirectly motivates my account. (shrink)

Some argue that time’s causal arrow is grounded in an underlying thermodynamic asymmetry. Often, this is tied to Humean skepticism that causes produce their effects, in any robust sense of ‘produce’. Conversely, those who advocate stronger notions of natural necessity often reject thermodynamic reductions of time’s causal arrow. Against these traditional pairings, I argue that ‘reduction-plus-production’ is coherent. Reductionists looking to invoke robust production can insist that there are metaphysical constraints on the signs of objects’ velocities in any state, given (...) other—including far later—states’ properties. The Past Hypothesis may thus be a metaphysical condition, not a physical law. (shrink)

How does Locke contribute to the development of 18th-century projects for a science of the mind, even though he seems to reject or at least bracket off such an idea himself? Contrary to later understandings of empiricism, Locke goes out of his way to state that his project to investigate and articulate the ‘logic of ideas’ is not a scientific project: “I shall not at present meddle with the Physical consideration of the Mind” (Essay, I.i.2). Locke further specifies that this (...) means his analysis of mental processes will not engage with knowledge of the brain (e.g. in terms of corpuscles and animal spirits), even though he had been the student of Thomas Willis. Now, Kant seemed to make an elementary mistake, given such a clear statement on Locke’s part, when he claimed that Locke’s project was a “physiology of the understanding” (in the Preface to the A edition of the first Critique). One can ask of course what this physiology of the understanding was, and if it existed, in or out of the Lockean intellectual world (as I have sought to investigate in a 2016 paper). This leads me to inquire into the outcome of his empiricism for a scientific treatment of the mind, including in the sense of a ‘naturalization’ of the mind (with implications also for our understanding of empiricism: Anstey’s influential distinction between experimental and speculative philosophy does not seem useful here). Because if Kant made this charge, there were also many 18th-century thinkers who positively treated Locke as their great forerunner in psychology and related fields: Charles Bonnet and Joseph Priestley among them, just as some prominent physicians such as Cabanis claimed to be ‘finishing the job’ that Locke had started in, e.g. their materialist theories of the passions. What one might term ‘the Locke Problem’ here is: how can one reconcile empiricism and claims about cerebral processes, while seeking to remain a Lockean? Differently put, what is the process of naturalization, a naturalization of? (shrink)

The brain in its plasticity and inherent 'sociality' can be proclaimed and projected as a revolutionary organ. Far from the old reactions which opposed the authenticity of political theory and praxis to the dangerous naturalism of 'cognitive science' (with images of men in white coats, the RAND Corporation or military LSD experiments), recent decades have shown us some of the potentiality of the social brain (Vygotsky, and more recently Negri 1995 and Negri 2000, Virno 2001). Is the brain somehow inherently (...) a utopian topos? If in some earlier papers I sought to defend naturalism against these reactions, here I consider a new challenge: the recently emerged disciplines of neuronormativity, which seek in their own way to overcome the nature-normativity divide. This is the task of a materialist brain theory today. 1. The setup: horns of a dilemma There is a lingering zone of what one might think of as sore cognitive muscle tissue in the area of materialism. It is an area of both contested territory and in some cases, a kind of pathos of distance of the 'Ugh! Keep that thing away from me!' sort. I have in mind the combination of materialism as an emancipatory socio-political project (which need not be construed in strictly Marx-Engels terms, if we think of Lucretius et al.) and as a cold-hearted 'spontaneous philosophy of the men in white coats', e.g. nefarious neurophilosophers. Faced with this rather massive alternative, this choice between two projects, I have stubbornly been saying since some discussions with Negri in the late 90s. (shrink)

Can a basic sensory property like a bare colour or tone be beautiful? Some, like Kant, say no. But Heidegger suggests, plausibly, that colours ‘glow’ and tones ‘sing’ in artworks. These claims can be productively synthesized: ‘glowing’ colours are not beautiful; but they are sensory forces—not mere ‘matter’, contra Kant—with real aesthetic impact. To the extent that it inheres in sensible properties, beauty is plausibly restricted to structures of sensory force. Kant correspondingly misrepresents the relation of beautiful wholes to their (...) parts. Beautiful form is not extrinsic to sensory force. Sensible beauty is just the holistic impact of agonistically-interacting sensory forces. When sensory forces interact hierarchically, their collective impact is closer to the sublime, in quality if not degree. The simplest sensory experience of sublimity is just the impact of radically intensified sensory forces, similar in kind if not degree to the individual ‘singing’ tones in a beautiful melody. (shrink)

Der Aufsatz beschäftigt sich am Beispiel des deutschen "Kopftuchstreits" mit der rechtlich-politischen Auseinandersetzung um subjektive Rechte innerhalb des liberalen Rechtsstaats. Wie Christoph Menke in seiner Deutung der für den politischen Liberalismus wesentlichen politischen Konflikte gezeigt hat, bezieht sich diese Auseinandersetzung vorrangig auf zwei Fragen: Wer sollte Anspruch darauf genießen, ein politisches Subjekt zu sein, das heißt, als Gleiche oder Gleicher berücksichtigt zu werden? Welche Ansprüche politischer Subjekte könneen als schützenswerte Verwirklichung subjektiver Rechte gelten? Der vorliegende Beitrag beschäftigt sich vorwiegend mit (...) der Frage, wie die politischen Konflikte des letztgenannten Typs auf die rechtliche Auseinandersetzung um Grundrechte abfärben. Damit wende ich mich gegen ein Verständnis der Grundrechte, das diese als Garant der ethischen Neutralität eines liberalen Gemeinwesens ansieht. Ich möchte zeigen, dass der Sinn subjektiver Rechte in der liberalen Demokratie zwar unter anderem genau darin besteht, dass sie partikulare ethische Wertvorstellungen neutralisieren und die Bürgerinnen und Bürger innerhalb eines vernünftigen Rahmens vor Unterdrückung schützen. Wie eine Analyse der Entscheidungen des Bundesverfassungsgerichts (BVerfG) zum "Kopftuchstreit" zeigt, wird diese Funktion aber stets zugleich durch die partikulare Interpretation gleicher Rechte unterminiert. Dies bezeichne ich als die Dekonstruktion der Neutralität, die sich im Recht vollzieht. (shrink)

Sind die Menschenrechte primär Ausdruck einer politischen Praxis und die Idee der Menschenrechte eine Art „Überbau“, den die Praxis epiphänomenal hervorbringt? Oder ist die Praxis der Menschenrechte das Ergebnis der Verwirklichung einer normativen Idee, die unabhängig von ihr existiert? Ist die Idee der Menschenrechte die Bedingung dafür, dass es die Praxis der Menschenrechte geben kann? Oder gibt es einen Vorrang der Praxis vor der Idee? In meinem Aufsatz argumentiere ich für zwei These: 1. These: Menschenrechte sind prinzipiell unabhängig von jeder (...) bestehenden rechtlichpolitischen Praxis und sind zugleich untrennbar an bestimmte rechtlich-politische Praktiken geknüpft. Darin besteht der konstitutive Widerspruch der Menschenrechte. 2. These: Aus diesem Widerspruch folgt nicht, dass wir aufhören sollten über Menschenrechte nachzudenken und eine Politik der Menschenrechte anzustreben. Der Widerspruch hat keine lähmende Wirkung, sondern ist theoretisch und praktisch produktiv. Um diese Thesen zu plausiblisieren, werde ich zunächst einige Grundzüge von Arendts Diskussion der Menschenrechte rekapitulieren (Abschnitt 2) und ihr Postulat eines den Menschenrechten vorgelagerten „Rechts, Rechte zu haben“ diskutieren (Abschnitt 3). Ausgehend von einer kritischen Diskussion der diskurstheoretischen Weiterentwicklung von Arendts These zu einem „Recht auf Rechtfertigung“ im diskurstheoretischen Konstruktivismus von Seyla Benhabib und Rainer Forst (Abschnitt 4) werde ich einen rechtfertigungstheoretischen Dekonstruktivismus vorstellen, der das Verhältnis von Praxis und Idee der Menschenrechte als produktiven Widerspruch fasst (Abschnitt 5). (shrink)

Traditionally, the ideas of “intuitive” and “discursive” forms of understanding have been seen as near opposites. Whereas an intuitive understanding could have a direct grasp of something, a discursive understanding would always depend on what is given to it, as mediated by concepts. In this essay, I suggest that Paul Ricoeur’s conception of analogy presents a way of overcoming this opposition. For Ricoeur, an analogy works within discursive understanding, but it depends on an eventful insight that leads beyond what is (...) merely given in discourse. The analogy “gives more” for thought. Yet, as I argue, what analogy gives for thought is always explicable in conceptual terms: any intuitive understanding is commensurate with a discursive one. I illustrate Ricoeur’s mediation of discursive and intuitive understanding in particular with his conception of metaphor, which vividly depends on overcoming a discursive contradiction by analogical and intuitive means. Before introducing Ricoeur’s conception, I discuss the Kantian background of the intuitive/discursive distinction. In particular, I suggest how Goethe’s attempt to revitalize a notion of intuitive understanding can be compared to Ricoeur’s conception, though Ricoeur improves upon Goethe by grounding intuition in the specific phenomenon of analogy. (shrink)

I argue that Nietzsche’s criticism of the Kantian theory of disinterested pleasure in beauty reflects his own commitment to claims that closely resemble certain Kantian aesthetic principles, specifically as reinterpreted by Schiller. I show that Schiller takes the experience of beauty to be disinterested both (1) insofar as it involves impassioned ‘play’ rather than desire-driven ‘work’, and (2) insofar as it involves rational-sensuous (‘aesthetic’) play rather than mere physical play. In figures like Nietzsche, Schiller’s generic notion of play—which is itself (...) influenced by Kant’s claim that aesthetic pleasure is orthogonal to desire-satisfaction—becomes decoupled from his (further) Kantian view that aesthetic play essentially involves a harmony of sensuous receptivity and rational spontaneity. The result, I suggest, is a self-standing opposition between desires and passions. This motivates a recognizably Romantic vision of aesthetic disinterestedness, as freedom from desire realized in a state of creative determination by passion. (shrink)

This article reconstructs and defends Theodor Adorno’s social theory by motivating the central role of abstract domination within it. Whereas critics such as Axel Honneth have charged Adorno with adhering to a reductive model of personal domination, I argue that the latter rather understands domination as a structural and de-individualized feature of capitalist society. If Adorno’s social theory is to be explanatory, however, it must account for the source of the abstractions that dominate modern individuals and, in particular, that of (...) value. While such an account remains undeveloped in Adorno, Marx provides resources for its development, in positing the constitution of value neither in production nor exchange alone, but in the social totality. This article argues that Marx’s account is compatible with Adorno’s, and that it may be used to render Adorno’s theory of domination more credible on explanatory grounds. (shrink)

Nietzsche sometimes praises the drive to order—to simplify, organize, and draw clear boundaries—as expressive of a vital "classical" style, or an Apollonian artistic drive to calmly contemplate forms displaying "epic definiteness and clarity." But he also sometimes harshly criticizes order, as in the pathological dialectics or "logical schematism" that he associates paradigmatically with Socrates. I challenge a tradition that interprets Socratism as an especially one-sided expression of, or restricted form of attention to, the Apollonian: they are more radically disparate. Beyond (...) strengthening the case for this basic point, I develop a distinctive account of what, exactly, distinguishes the Apollonian-classical and Socratic forms of order. To this end, I advance interrelated interpretations of Apollonian-classical simplicity and the "cold" calm that it elicits, by contrast to superficially similar Socratic phenomena. This illuminates Nietzsche's broader ambivalence toward science, in part by clarifying the nature and value of an idealized Apollonian science. (shrink)

It is difficult to understand questions about the evolution of ants. It seems often to be assumed that there are specific features that ants possess because of the "survival value" of such features. This makes very little sense, because it is very hard to believe that there are any features at all that can be viewed as having survival value for ants.

In my review I shall look upon the theology of the Incarnation. The “mystery of Christ”, in the words of Polycarp, that created the centre and “stood at the very heart of the St. Maximus’ synthesis.” Maximus’ stands within the Cyrillian-Chalcedonian situation.’ This situation is eminent by three main properties. First is the acceptance of the Theopaschite form of St. Cyril. Second is that there was no contradiction into St. Cyril and the Council of Chalcedon. Third and finally is the (...) term of a consistent terminology into Triadology and Christology that is relevant to both. We shall see later in this paper, the Chalcedonian theme of “precision” and “tautology,” with respect to Christ’s natures, similarly role in Maximus’ vision of the divine incarnation of the logoi or power with respect to each other and the divine essence. It is within this deduction that Maximum “was competent of establishing the orthodox solution of the Monothelite question.” I will outline the metaphysics of Monenergism, its three folds dialectic, Maximum break up of this dialectic, and conclude with Maximu’s overall matrix for a coherent doctrine of predestination absorb under Christology and Eschatology. (shrink)

What position does take on Justice and why?

In this paper we argue that knowledge is characteristically safe true belief. We argue that an adequate approach to epistemic luck must not be indexed to methods of belief formation, but rather to explanations for belief. This shift is problematic for several prominent approaches to the theory of knowledge, including virtue reliabilism and proper functionalism (as normally conceived). The view that knowledge is characteristically safe true belief is better able to accommodate the shift in question.

Despite the important role doping plays in the world of sport, insufficient attention has been given to understanding the concept of doping. In this paper, I argue that we should understand doping as a means of gaining a competitive advantage through the use of exogenous substances entering an athlete’s body, where such means undermine the relevant sporting institution. By focusing on sport as socially constructed institution, not merely as competition, we can have a unified explanation for many of our pretheoretic (...) beliefs while giving the tools to understand doping in the ever-changing landscape of contemporary sport and society. (shrink)

After an intensive 4-year process, the World Medical Association (WMA) has revised its International Code of Medical Ethics (ICoME). In their report outlining this process, Parsa-Parsi et al not only describe how the WMA sought to ‘cultivat[e] international agreement’ on a ‘global medical ethos’, but also outline the philosophical framework of the ICoME: how the WMA, as the ‘global representation of the medical profession’, created and revised the ICoME through the process of international professional self-regulation.1 However, there is a significant (...) tension to be found in this framework—one which contrasts the international scope of the ICoME with the supposed source of its legitimacy. Here, we seek to characterise this tension and the doubt which it casts on the legitimacy of the ICoME. (shrink)

Part of the draw of athletics is its straightforwardness. There are nuances to competitions to make them more sporting contests, but at the end of a long jump competition whomever records the longest jump should win. Unfortunately, a recent rule-change at the highest level of the sport – the “Final 3” format – undermined this simplicity for the horizontal jumps and the throws for some of the 2020 and much of the 2021 seasons. While fortunately this rule was largely reverted (...) within days of the initial submission of this paper, it’s still valuable to critically evaluate why such a rule is problematic so as to better understand of the value of sporting competitions and give guidance on future rule changes, be they in athletics or other sports. To that end, we will be drawing from the literature on the purpose and value of competitions and coupling that with simulations based on data from actual top-tier long jump competitions to show that the Final 3 format makes for significantly worse competitions than the standard format. (shrink)

We have been accustomed at least since Kant and mainstream history of philosophy to distinguish between the ‘mechanical’ and the ‘teleological’; between a fully mechanistic, quantitative science of Nature exemplified by Newton and a teleological, qualitative approach to living beings ultimately expressed in the concept of ‘organism’ – a purposive entity, or at least an entity possessed of functions. The beauty of this distinction is that it seems to make intuitive sense and to map onto historical and conceptual constellations in (...) medicine, physiology and the related natural -philosophical discussions on the status of the body versus that of the machine. In this presentation I argue that the distinction between mechanism and teleology is imprecise and flawed, on the basis of a series of examples: the presence of ‘functional’ or ‘purposive’ features even in Cartesian physiology; work such as that of Richard Lower’s on animal respiration; the fact that the model of the ‘body-machine’ is not at all a mechanistic reduction of organismic properties to basic physical properties but on the contrary a way of emphasizing the uniqueness of organic life; and the concept of ‘animal economy’ in vitalist medical theory, which I present as a kind of ‘teleo-mechanistic’ concept of organism – neither mechanical nor teleological. (shrink)

long version of review forthcoming in much shorter version in Classical Review.

Religious faith may manifest itself, among other things, as a mode of seeing the ordinary world, which invests that world imaginatively (or inspiredly) with an unseen depth of divine intention and spiritual significance. While such seeing may well be truthful, it is also unavoidably constructive, involving the imagination in its philosophical sense of the capacity to organize underdetermined or ambiguous sense date into a whole or gestalt. One of the characteristic ways in which biblical narratives inspire and teach is by (...) renewing their characters’ and readers’ imagination. The texts do so not inexorably but in a similar way as (other) works of art. This paper therefore investigates the ways in which works of art engage and develop the imagination, and thereby enable renewed perceptual and cognitive engagement with the world. The paper introduces predictive processing as a helpful psychological theory for analyzing this dynamic, and outlines questions for further research. (shrink)

Early modern automata, understood as efforts to ‘model’ life, to grasp its singular properties and/or to unveil and demystify its seeming inaccessibility and mystery, are not just fascinating liminal, boundary, hybrid, crossover or go-between objects, while they are all of those of course. They also pose a direct challenge to some of our common conceptions about mechanism and embodiment. They challenge the simplicity of the distinction between a purported ‘mechanistic’ worldpicture, its ontology and its goals, and on the other hand (...) an attempt to understand ourselves and animals more broadly as flesh-and-blood, affective entities (that is, not just breathing and perspiring, but also desiring and ‘sanguine’ machines, as La Mettrie might have put it). In what follows I reflect on the complexity of early modern mechanism faced with the (living) body, and its mirror image, contemporary theories of embodiment. At times, embodiment theory seems to be governed by a fascination with what the Artificial Life researcher Ezequiel Di Paolo has called ‘biochauvinism’ (Di Paolo, “Extended Life”): an unquestioned belief that ‘living bodies are special’. Yet how does the theorist define this special status? The question is apparently a simple one, or at least promptly yields an aporia which appears simple: to borrow a provocative phrase from Terry Eagleton, embodiment theory is obsessed by the body but terrified of biology. Yet at the same time, at least since Hubert Dreyfus and Andy Clark’s groundbreaking works, embodiment has been a legit part of cognitive science, yielding the even more recently emerged field of ‘embodied cognition’ (see the work of Larry Shapiro), which seeks to depart from traditional cognitive science, especially the latter’s understanding of cognition as computational, in order to instead underscore “the significance of an organism’s body in how and what the organism thinks,” in Shapiro’s words. (shrink)

Many academic works as well as many works of art are such that if they had never been produced, no one would be worse off. Yet it is hard to resist the judgment that some such works are good nonetheless. We are rightly grateful that these works were created; we rightly admire them, appreciate them, and take pains to preserve them. And the authors and artists who produced them have reason to be proud. This should lead us to question the (...) view that in order for a thing to be good, in a sense which implies that the thing merits our attention and positive concern, it needs to be good for someone or something whose welfare is enhanced by it. (shrink)

Three separate churches erected in Constantinople were all dedicated to the wisdom of Christ and erected on the same site one after the other. These churches were built between 360 and 537 AD by three different emperors: Constantius II, Theodosius the Younger, and Justinian I. The first two churches were consumed in flames after relatively short lives, but the final and greatest church still stands today, despite a history of extensive damage. This final edifice is the main focus of this (...) paper, owing to its 1500 year longevity and unprecedented architecture. If the entire History of Justinian's church is to considered, it is inaccurate to refer to it as a “church,” because although it remained a church for the first 900 years after its audacious construction, it was later converted into a mosque. Today it is a museum, in remembrance of its long history. (24). (shrink)

The classical theory of sovereignty describes sovereignty as absolute and undivided yet no early modern state could claim such features. Historical record instead suggests that sovereignty was always divided and contested. In this article I argue that Foucault offers a competing account of sovereignty that underlines such features and is thus more historically apt. While commentators typically assume that Foucault’s understanding of sovereignty is borrowed from the classical theory, I demonstrate instead that he offers a sui generis interpretation, which results (...) from the application of his general strategic conception of power to sovereignty itself. In construing sovereignty through a “matrix” of civil war, Foucault thus deprives it of the absoluteness traditionally attributed to it. Instead, he views sovereignty as constituted by conflictual and mobile power relations, a precarious political technology that deploys violence to restore its authority. I also motivate Foucault’s contention that popular sovereignty remains fundamentally continuous with the absolutist sovereignty it succeeds, insofar as it masks and thereby perpetuates unequal power relations in conditions of social conflict. According to Foucault, sovereignty is not a fact of power but a contestory claim, a discourse whose mutability helps to explain its persistence today. (shrink)

It is commonly assumed that the expression “an sich selbst” (“in itself”) in Kant combines with terms to form complex nouns such as “thing in itself” and “end in itself.” I argue that the basic use of “an sich selbst” in Kant’s German is as a sentence adverb, which has the role of modifying subject-predicate combinations, rather than either subject or predicate on their own. Expressions of the form “S is P an sich selbst” mean roughly that S is P (...) ‘in its own right’ or without some further ‘condition’. Accordingly, “an sich selbst” should not be treated as forming complex nouns. This analysis has significant consequences for the interpretation of “thing in itself” in particular, for it implies that the latter is not a complete nominal expression. Instead, one must treat ‘an sich selbst’ as expressing how some S is a ‘thing’, looking to the wider sentential context. I conclude with a brief account of the new significance granted to the concept of a ‘thing’ (Ding) according to the present interpretation. (shrink)