We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

Spinoza's contributions to a theory of global justice.

The problems of contemporary states are in large part “affective disorders”; they are failures of states to properly understand and coordinate the emotions of the individuals within and in some instances outside the state. By excluding, imprisoning, and marginalizing members of their societies, states create internal enemies who ultimately enervate their own power and the possibility of peace and freedom within the state. Spinoza’s political theory, based on the notion that the best forms of state are those that coordinate the (...) power and emotions of those within a state, offers us both a diagnosis of and a cure for these affective disorders. In this paper I will outline Spinoza’s notion of the power of the state as a function of the power and coordination of the emotions of its citizens, and show that when the state contracts an affective disorder, such as excessive crime, rebellion, terrorism, etc. the state has failed to properly empower, include and coordinate the passions of the multitude of its citizens and subjects. (shrink)

Far from his ‘rationalist’ image, Spinoza recognizes that we do not emerge from the ground as fully formed rational agents. We are born and develop in social worlds, where our affects, values and conceptions of the world are formed. For Spinoza, even the ‘free’ individual or sage is affected by the social and emotional worlds in which he argues they ought to live. Yet, Spinoza is ambivalent about the social emotions. These socially conditioned affects and values may be harmful to (...) the individual and to the community. Although they are harmful, these affects may exert a kind of physical force -- an affective force -- that binds individuals to them even when they recognize their harm. If these values and affects are what unify the community, then questioning them may be perilous. Spinoza’s social theory brings light to the question of the ‘dissenter’ in the form of the sage. If the sage seeks ‘reason’, and the norms of the community may be harmful or ‘against reason’, then the sage is in a precarious position. What happens when one can no longer follow the norm of one’s community? What happens when one is at odds with one's culture? What can one do if one recognizes that the norms of one’s community might be bad for one or for all? This question interested Spinoza philosophically and personally. Spinoza advocates reforming harmful and irrational community norms; however, he recognizes the difficulty and danger of reform both for the community and for the reformer. (shrink)

While to political theorists in the United States ‘community radio’ may seem a quaint holdover of the democratization movements of the 1960s, community radio has been an important tool in development contexts for decades. In this paper I investigate how community radio is conceptualized within and outside of the development frame, as a solution to development problems, as part of development projects communication strategy, and as a tool for increasing democratic political participation in development projects. I want to show that (...) community radio is an essential tool of democratization and democracy outside of the development frame. To do so, I will bring out the conceptual and structural dimensions of community radio through examples of existing community radios, both those which are independently created and those which have been created as development projects. These structural and conceptual elements provide community radio the potential to realize the goals of development practice while avoiding characteristic pitfalls. These ‘pitfalls’ of development are also pitfalls of democratization and democracy in existing democratic states, and include: depoliticization, limited participation, particularly of marginalized groups. (shrink)

Abstract: Reflecting on the practice of being a Spinoza scholar and Spinozist in Trump's Pandemic America, I argue that we can find consolation in Spinoza's insistent norm -- to understand rather than to blame, to banish free will as explanans so we can fully understand the explanandum. Just as Boethius reflected on human misunderstanding of luck, so Spinoza teaches that we need, in moments of despair, to look not to superstition, but to the recognition of the causal forces that yield (...) our triumphs and failures, and to understand them. While we are unmoored in the chaos of Trump's America, in the joyful expression of popular emancipatory power in the Black Lives Matters mass demonstrations and marches through American cities and suburbs, and the nightly horror of demonstrators murdered by police, I reach back to another moment of chaos with liberatory and nightmarish potential -- the years just after the U.S. Civil War described in Leaves of Grass. We can find Spinozist moments in Whitman's poem and philosophical memoir -- a kind of American Spinozism. As he travels among the horrors and the new possibilities of American life, Whitman insists on seeing and feeling the world as it is -- terrible, wonderful, in all its fleshy imperfection, while finding hope in these same flawed particulars. In 2020, Trump's America, Spinoza and Spinozism are not just relevant, are not just consolations in the Boethian sense, but they are essential epistemic survival tools for a world quite obviously in motion. (shrink)

Tucker, E. 'Spinoza's Multitude", in A. Santos Campos Spinoza: Key Concepts, Exeter: Imprint Academic, 2015, 129-141 -/- Spinoza's 'multitude', while a key concept of his political philosophy, allows us to better understand Spinoza's work both in its historical context and as a systematic unity. In this piece, I will propose that we understand Spinoza's concept of the 'multitude' in the context of the development of his political thought, in particular his reading and interpretation of Thomas Hobbes, for whom 'multitude' was (...) indeed a technical term. I will show that Spinoza develops his own notion of multitude as an interpretive extension of Hobbes's concept. Spinoza's notion of 'multitude' is shaped by the new answers he gives to the Hobbesian questions about the human power, human emotion and the metaphysical-political questions of how individuals can become a whole, or a state. 2015. Tucker, E. 'The Multitude", in A. Santos Campos Spinoza: Key Concepts, Exeter: Imprint Academic. (shrink)

Using path-breaking discoveries of cognitive science, Mark Johnson argues that humans are fundamentally imaginative moral animals, challenging the view that morality is simply a system of universal laws dictated by reason. According to the Western moral tradition, we make ethical decisions by applying universal laws to concrete situations. But Johnson shows how research in cognitive science undermines this view and reveals that imagination has an essential role in ethical deliberation. Expanding his innovative studies of human reason in Metaphors (...) We Live By and The Body in the Mind, Johnson provides the tools for more practical, realistic, and constructive moral reflection. (shrink)

The genetic modification of pigs as a source of transplantable organs is one of several possible solutions to the chronic organ shortage. This paper describes existing ethical tensions in xenotransplantation (XTx) that argue against pursuing it. Recommendations for lifelong infectious disease surveillance and notification of close contacts of recipients are in tension with the rights of human research subjects. Parental/guardian consent for pediatric xenograft recipients is in tension with a child’s right to an open future. Individual consent to transplant is (...) in tension with public health threats that include zoonotic diseases. XTx amplifies concerns about justice in organ transplantation and could exacerbate existing inequities. The prevention of infectious disease in source animals is in tension with the best practices of animal care and animal welfare, requiring isolation, ethologically inappropriate housing, and invasive reproductive procedures that would severely impact the well-being of intelligent social creatures like pigs. (shrink)

Born out of the struggles of the feminist movements of the 20th century, feminist political theory is characterized by its commitment to expanding the boundaries of the political. Feminism, as a political movement, works to fight inequality and the social, cultural, economic, and political subordination of women. The goal of feminist politics is to end the domination of women through critiquing and transforming institutions and theories that support women’s subordination. Feminist political theory is a field within both feminist theory and (...) within political theory that takes a feminist approach to traditional questions within political philosophy, contemporary and historical. In this entry, I will explore the nature of feminist political theory by asking two questions: what is feminist about feminist political theory, and what is specifically political about feminist political theory. (shrink)

A new translation and edition of Aristotle's Protrepticus (with critical comments on the fragments) -/- Welcome -/- The Protrepticus was an early work of Aristotle, written while he was still a member of Plato's Academy, but it soon became one of the most famous works in the whole history of philosophy. Unfortunately it was not directly copied in the middle ages and so did not survive in its own manuscript tradition. But substantial fragments of it have been preserved in several (...) works by Iamblichus of Chalcis, a third century A.D. neo-Pythagorean philosopher and educator. On the basis of a close study of Iamblichus' extensive use and excerption of Aristotle's Protrepticus, it is possible to reconstruct the backbone of the lost work, and then to flesh it out with the other surviving reports about the work from antiquity (for example in Alexander of Aphrodisias and other ancient commentators on Aristotle). It is also possible to identify several papyrus fragments of the work, and many references and literary allusions in later authors, especially Cicero, whose own lost dialogue Hortensius was a defense of philosophy modeleld on Aristotle's. (shrink)

Can we ever have politics without the noble lie? Can we have a collective political identity that does not exclude or define ‘us’ as ‘not them’? In the Ethics, Spinoza argues that individual human emotions and imagination shape the social world. This world, he argues, can in turn be shaped by political institutions to be more or less hopeful, more or less rational, or more or less angry and indignant. In his political works, Spinoza offered suggestions for how to shape (...) a political imaginary and create collective identities that are more guided by hope than by fear or anger. In this talk, using the framework of Spinoza's theory of emotions, I will investigate how Barack Obama's promise of 'hope' was translated into Donald Trump's rhetoric of hate. Such a transition, from hope to fear is one that would be unsurprising to Spinoza. Spinoza worried about the political and personal effectiveness of hope. He argued that hope can easily be turned into what he called ‘indignatio’ or indignation – an emotion that he believed eroded trust in political institutions and was the limit of state power. Spinoza warned about the danger of governance that relies upon the emotions of anger and hatred. In the Ethics, Spinoza painstakingly reconstructs the way in which individual emotions, ideas and motivations are shaped within social worlds. He argued that emotions based on pain, including hatred and indignation, diminish the power of the individuals who experience them and the political collective in which those individuals reside. Anger, fear and indignation weaken the state. In the second section of the paper, I will set out how the Trump administration’s reliance on the motivational forces of hate and anger risk what Spinoza called indignation. Trump's reliance on exclusionary conceptions of American identity have fanned the flames of racial, ethnic and religious hatred to motivate his base have had widespread social and political effects. I will offer arguments and examples which bear out the Spinozan worries about the effects of anger and indignation on the political and the social. Spinoza’s political works were written not just to explain the worries about an angry and indignant multitude, but also to show how to turn political indignation and anger into a chastened, and perhaps more rational, hope. Finally, I will propose that we may derive from Spinoza participatory, democratic institutions and collective identities that can overcome this indignation. (shrink)

Why is it that some instances of disagreement appear to be so intractable? And what is the appropriate way to handle such disagreements, especially concerning matters about which there are important practical and political needs for us to come to a consensus? In this paper, I consider an explanation of the apparent intractability of deep disagreement offered by hinge epistemology. According to this explanation, at least some deep disagreements are rationally unresolvable because they concern ‘hinge’ commitments that are unresponsive to (...) rational considerations. This explanation, if correct, seems to have troubling implications for how we should respond to deep disagreement. If my position on a topic is not responsive to rational considerations, then what choice have I but to dogmatically hold to that position, and simply dismiss the views of those with whom I disagree? I address this problem by identifying an attitude of intellectual humility that is appropriate to have towards one's hinge commitments, and suggest that this attitude provides the basis for a non-rational, constructive way to resolve deep disagreement. (shrink)

In the pre-history of the concept of recognition Spinoza’s social philosophy deserves a special place. Although we rarely think of Spinoza as a social philosopher, Spinoza understood well the ways in which individual subjectivity is shaped by the social forces. I will argue that Spinoza offers a mechanism to understand the way in which recognition works, in order to untangle the web of affect, desire and ideas, which support the recognitions and misrecognitions at the foundation of social life. Spinoza sets (...) out this mechanism in Book Three of the Ethics, but his extended example of the first Hebrew Kingdom in the Theological-Political Treatise, shows how he applied his theory of social recognition to the great problem of his times – the debate between faith and reason, and the need to unify a commonwealth. Social unity based on shared religion, for Spinoza, could be powerful, though not so powerful as democracy. Only through understanding Spinoza’s views of social subjectivization can we understand why. (shrink)

We do not generally take the Hobbesian project to be one that encourages human flourishing. I will argue that it is; indeed, I will propose that Hobbes attempts the first modern project to provide for the possibility of the diversity of human flourishing in the civil state. To do so, I will draw on the recent work of Donald Rutherford, who takes Hobbes to be a eudaimonist in the Aristotelian tradition.

This paper examines recent feminist work on Spinoza and identifies the elements of Spinoza’s philosophy that have been seen as promising for feminist naturalism. I argue that the elements of Spinoza’s work that feminist theorists have found so promising are precisely those concepts he derives from Hobbes. I argue that the misunderstanding of Hobbes as architect of the egoist model of human nature has effaced his contribution to Spinoza’s more praised conception of the human individual. Despite misconceptions, I argue that (...) the model of human nature, the view on human emotions and the conception of individual power that Hobbes created and Spinoza developed is an uncommonly useful one for feminist political theory. Through reexamining Hobbes’ model of human nature and the emotions I will argue that Hobbes’ theory of the internal weighing of emotions provides an important mechanism for understanding how the individuals’ affects can be reformed. I will show how we can use this naturalistic model of the human individual to answer contemporary theoretical and practical questions of how to empower women and how to effectively identify, challenge and change social categories, norms and institutions which are disempowering. In particular, I will argue that feminist projects of empowerment need a way to measure empowerment and a way to understand how to understand the power of harmful norms and customs. Understanding the way certain norms and practices disempower women while forming their affects and self‐conceptions provides the first step to reform of these practices. Spinoza and Hobbes provide us with a further tool to reform, and that is their understanding of the role of emotions in human action and power, and the need to reform and reorganize the emotions of individuals in order to escape harmful patterns of behavior. (shrink)

Can we ever justly critique the norms and practices of another culture? When activists or policy-makers decide that one culture’s traditional practice is harmful and needs to be eradicated, does it matter whether they are members of that culture? Given the history of imperialism, many argue that any critique of another culture’s practices must be internal. Others argue that we can appeal to a universal standard of human wellbeing to determine whether or not a particular practice is legitimate or whether (...) it should be eradicated. In this paper, I use the FGC eradication campaigns of the 1980s to show that the internal/external divide is complicated by the interconnectedness of these debates on the international level. As the line blurs between internal and external criticism and interventions, new questions emerge about the representativeness of global institutions. (shrink)

We sometimes imagine that diversity of religion, culture and ethnicity is a problem of the present, one that sets our time apart. However in the 17th century at the end of the Reformation and the wars of religion that divided Europe, overthrowing medieval institutions, social, political and religious hierarchies that had dominated for centuries, the question of how to govern a diverse multitude of individuals was a pressing practical and theoretical question. By taking human diversity as primary, Baruch Spinoza proposed (...) a theory of the state that does not require pre-existing unity among individuals and so provides a theory of justice, which can be scaled to the global. Further, Spinoza’s theory of political and individual power offers positive reasons why we may want to build global democratic institutions to solve the problems of global justice. (shrink)

In my dissertation, I derive a set of systematic principles and a conception of the political subject from Spinoza’s metaphysics and political writings and then bring these tools to bear on contemporary questions in democratic theory. I argue that Spinoza’s conception of the political subject answers feminist critiques of the liberal subject, while retaining an understanding of the need for empowered citizens in strong democracies. Spinoza’s normative political theory shows how political communities become stronger through the empowerment and participation of (...) their citizens. I argue that Spinoza’s naturalistic method provides a promising path for both ethics and political theory. In the first chapter of my dissertation, I sketch the history of the development and critiques of the ‘liberal’ conception of human nature. I argue that rather than a substantial conception of human nature, the liberal subject is a skeptical compromise developed for a very specific purpose following the post-Reformation Wars of Religion in Europe in the 16th century. I then take on a variety of critiques of the notion of human nature in general and of the liberal conception of human nature in particular. I argue that political theory requires a positive conception of human beings. Spinoza’s conception of the human individual, created in order to replace what Spinoza thought were problematic aspects of the theories of individuals proposed by Hobbes and Descartes, does not suffer from the problems of the liberal subject and is a good candidate for a positive conception of human nature. In Chapter Two, I set out the main components of Spinoza’s naturalistic conception of the human individual. Spinoza understands human beings as primarily affective, or emotional creatures, whose feelings mediate their conceptions of the world. For Spinoza, each individual can be understood to have an index of power, which can increase or decrease depending on the degree to which individuals understand and are able to control the forces that affect them. In Chapter Three, I show that Spinoza’s theory of the political state is parallel to his theory of the individual. For Spinoza, just as individual humans have an index of power that can increase or decrease depending on how their emotions are organized, so too states have different degrees of power depending on how the emotions and power of the human beings within them are organized. The challenge for a Spinozan state is to understand how to create social and political institutions to organize the emotions of the ‘multitude’ of individuals in the state in the best way to yield the strongest state. For Spinoza, the strongest, or most absolute state, is a democracy, which is also the freest kind of state. I set out Spinoza’s theory of democracy and show how it builds upon his notion of individual and collective power. In Chapter Four, I take up the potential objections of Iris Marion Young to Spinoza’s conception of democratic agreement. I say these objections are ‘potential’ because, although Young critiques Rousseau’s conception of the general will, she does not directly object to Spinoza’s view of ‘agreement’ as a necessary element in democratic deliberation. However, many of Young’s writings touch on this worry, particularly in her critiques of Rousseau, civic republicanism and contemporary deliberative democracy theory. I argue that Spinoza’s notion of agreement employs a different conception of reason than that found in Rousseau, or in the tradition of deliberative democratic theory. Reason, for Spinoza, is a collective achievement rather than a precondition for deliberation. Spinoza argues that agreements reached through large-scale discussion in a democracy are likely to be more ‘reasonable’ than those reached by few or by one. Spinoza and Young share, I argue, a similar conception of the role of affect in deliberation, and both recognize the importance of affects and imagination in social and political life. In Chapter Five, I contrast a Spinozan theory of empowerment to Martha Nussbaum’s capabilities approach. Nussbaum’s approach and that of Spinoza are consonant in many of their major aspects; however, I argue that in practice, Spinoza’s theory is better able to account for the contextual nature of empowerment and of the necessity to reform harmful social, moral and cultural norms through affective mechanisms. In the conclusion, I consider the larger implications for a Spinozan naturalist approach to political philosophy, and for the role that theories of human nature and metaphysics can play in political theory. I argue that by avoiding metaphysics and by avoiding conceptions of human nature, those interested in projects of emancipation can have no criteria for determining whether or not individuals have become emancipated or whether their power has in fact increased. The model I derive from Spinoza’s conception of individual power and his view of the power of political states as a function of the power of the coordination of individuals provides a promising alternative to liberal theories of the subject and to extant feminist theories of the human individual, which ignore the psychological and metaphysical aspects of human individual and collective power. (shrink)

The concept of bias is pervasive in both popular discourse and empirical theorizing within philosophy, cognitive science, and artificial intelligence. This widespread application threatens to render the concept too heterogeneous and unwieldy for systematic investigation. This article explores recent philosophical literature attempting to identify a single theoretical category—termed ‘bias’—that could be unified across different contexts. To achieve this aim, the article provides a comprehensive review of theories of bias that are significant in the fields of philosophy of mind, cognitive science, (...) machine learning, and epistemology. It focuses on key examples such as perceptual bias, implicit bias, explicit bias, and algorithmic bias, scrutinizing their similarities and differences. Although these explorations may not conclusively establish the existence of a natural theoretical kind, pursuing the possibility offers valuable insights into how bias is conceptualized and deployed across diverse domains, thus deepening our understanding of its complexities across a wide range of cognitive and computational processes. (shrink)

In this opinion piece we propose the investigation of psychedelic-assisted psychotherapy for the treatment of body dysmorphic disorder (BDD). BDD is a psychiatric disorder characterised by appearance-based preoccupations and accompanying compulsions. While safe and effective treatments for BDD exist, non-response and relapse rates remain high. Therefore, there is a need to investigate promising new treatment options for this highly debilitating condition. Preliminary evidence suggests safety, feasibility, and potential efficacy of psychedelic treatments in disorders that share similar psychopathological mechanisms with BDD. (...) Drawing on this evidence, as well as on relevant qualitative reports and theoretical proposals, we argue that it would be worthwhile to conduct a phase 2a study aimed at assessing the safety and feasibility of psychedelic-assisted psychotherapy in BDD. We also offer some suggestions for how future research ought to proceed. (shrink)

On 4 December 2006, during discussions on the Corporate Manslaughter and Corporate Homicide Bill, Andrew Dismore, Member of Parliament and then Chair of the Joint Committee on Human Rights, said, ‘Organisations can kill people … but it is the actions and omissions of people in organisations that cumulatively cause death’. However, the corporate entity is a vehicle for the communal actions of those who guide the business activities. Attempting to seek out persons or people that are solely responsible for deaths (...) and violations of human rights caused by companies is fruitless. The entity is a vehicle for those actions, it possesses its own, often deep, pockets of finance and resources, and it has a public image. It is more useful to punish the corporate entity, in instances where the corporate behaviour has led to death and human rights abuses, as it is in seeking out individual defendants. Soft law options have not brought about a sufficient reduction in instances of deaths caused by corporate behaviour across jurisdictional borders. This article will argue that the time has now come to establish an international hard law on corporate killing, and for states to ensure that there is a viable path towards a redress for victims and their families along with adopting a duty to assist the victim or their family to pursue redress to ensure a fair balance of power against transnational companies. (shrink)

Drawing on recent developments in dialogic approaches to learning and teaching, I examine the roots of dialogic meaning-making as a concept in classroom practices. Developments in the field of dialogic pedagogy are reviewed and the case for dialogic engagement as an approach to classroom interaction is considered. The implications of dialogic classroom approaches are discussed in the context of educational research and classroom practice. Dialogic practice is contrasted with monologic practices as evidenced by the resilient of the IRF as the (...) default discourse structure in classrooms. Recent evidence suggests the IRF is resistant to attempts to introduce interactive approaches to whole class teaching. Discussion of dialogic practice as a vehicle for increasing pupil engagement at a deep level and raising the quality of classroom interaction is illustrated through a consideration of Philosophy for Children, which is identified as a dialogic approach to classroom practice which has transformative potential for children's learning. Philosophy for Children offers an approach to pedagogy which enables teachers to value pupil voice and promote reflective learning. As such it has much to offer the current debate on dialogic teaching and learning. Research evidence suggests it will promote improved pupil outcomes on a range of assessments. (shrink)

The possibilities of unconscious perception and unconscious bias prompt parallel debates about unconscious mental content. This chapter argues that claims within these debates alleging the existence of unconscious content are made fraught by ambiguity and confusion with respect to the two central concepts they involve: consciousness and content. Borrowing conceptual resources from the debate about unconscious perception, the chapter distills the two conceptual puzzles concerning each of these notions and establishes philosophical strategies for their resolution. It then argues that empirical (...) evidence for unconscious bias falls victim to these same puzzles, but that progress can be made by adopting similar philosophical strategies. Throughout, the chapter highlights paths forward in both debates, illustrates how they serve as fruitful domains in which to study the relationship between philosophy and empirical science, and uses their combined study to further understanding of a general theory of unconscious content. (shrink)

Clinical Legal Education programmes now take place in most law schools in England and Wales. However, legal education continues to be predominantly focused on the analysis and application of rules, doctrines, and theories to hypothetical scenarios or essay questions. This form of pedagogy either minimises or ignores the role of the client in terms of supplying lawyers with knowledge pertinent to their case. In other words, it overlooks the fact that the lawyer’s acquisition of knowledge is not confined to technical (...) rationality. This article seeks to achieve three broad aims. First, to contribute to the debate concerning the epistemology of reflective practice. Second, to develop a theoretical reflective cycle, informed by Kant’s transcendental idealism, which seeks to maximise knowledge acquisition in legal education, namely knowledge supplied by the client. Third, to address implicit bias using the proposed reflective cycle. An optimal pedagogy for using this cycle is Clinical Legal Education, namely live client clinics. (shrink)

In a recent book and article, James Sterba has argued that there is no free will defense. It is the purpose of this article to show that, in the most technical sense, he is wrong. There is a version of the free will defense that can solve what Sterba (rightly) takes to be the most interesting and severe version of the logical problem of moral evil. However, I will also argue that, in effect (or, we might say, in practice), Sterba (...) is correct. The only working version of the free will defense requires embracing a view that entails consequences theists traditionally have not and cannot accept. Consequently, the one and only free will solution is not viable. Unless some other solution can be found (Sterba argues there is none), the logical problem of evil, as Sterba understands it, either commits one to atheism, or a version of theism that practically all theists would regard as a heresy. (shrink)

Christian apologists, like Willian Lane Craig and Stephen T. Davis, argue that belief in Jesus’ resurrection is reasonable because it provides the best explanation of the available evidence. In this article, I refute that thesis. To do so, I lay out how the logic of inference to the best explanation (IBE) operates, including what good explanations must be and do by definition, and then apply IBE to the issue at hand. Multiple explanations—including (what I will call) The Resurrection Hypothesis, The (...) Lie Hypothesis, The Coma Hypothesis, The Imposter Hypothesis, and The Legend Hypothesis—will be considered. While I will not attempt to rank them all from worst to best, what I will reveal is how and why The Legend Hypothesis is unquestionably the best explanation, and The Resurrection Hypothesis is undeniably the worst. Consequently, not only is Craig and Davis’ conclusion mistaken, but belief in the literal resurrection of Jesus is irrational. In presenting this argument, I do not take myself to be breaking new ground; Robert Cavin and Carlos Colombetti have already presented a Bayesian refutation of Craig and Davis’ arguments. But I do take myself to be presenting an argument that the average person (and philosopher) can follow. It is my goal for the average person (and philosopher) to be able to clearly understand how and why the hypothesis “God supernaturally raised Jesus from the dead” fails utterly as an explanation of the evidence that Christian apologist cite for Jesus’ resurrection. (shrink)

Two problems are considered here. One relates to who has moral status, and the other relates to who has moral responsibility. The criteria for mattering morally have long been disputed, and many humans and nonhuman animals have been considered “marginal cases,” on the contested edges of moral considerability and concern. The marginalization of humans and other species is frequently the pretext for denying their rights, including the rights to health care, to reproductive freedom, and to bodily autonomy. There is broad (...) agreement across cultural and philosophical traditions about the capacities and responsibilities of moral agents. I propose an inclusive and expansive way of thinking about moral status, situating it not in the characteristics or capacities of individuals, but in the responsibilities and obligations of moral agents. Moral agents, under this view, are not privileged or entitled to special treatment but rather have responsibilities. I approach this by considering some African communitarian conceptions of moral status and moral agency. I propose that moral agency can also be more expansive and include not just individual moral agents but collective entities that have some of the traits of moral agents: power, freedom, and the capacity to recognize and act on the demands of morality and acknowledge and respect the rights of others. Expanding who and what is a moral agent correspondingly extends moral responsibility for respecting rights and fostering the conditions for the health and well-being of humans and animals onto the collective entities who uniquely have the capacity to attend to global-scale health threats such as pandemics and human-caused climate change. (shrink)

An interruption. Rethinking the first three chapters of this book, I have come to suspect that, not unlike Iris Murdoch and Emmanuel Levinas, the way I imagine ‘ethics’ floats on an idea that any ethical substantive position or ethical theory is always shaped through our existential condition and our embodied encounter with others. To Murdoch, existence is the disposition for our responses to the ways in which we perceive reality, and yet, although these responses are always part of who we (...) are, they are not always part of what we do, and so, we set ourselves ethical tasks when we desire to act ethically. As scholar Bridget Clarke argues, “to attend to something [for Murdoch] is to approach it with a just and loving eye, and therewith to perceive it in its unbounded particularity and complexity, and so, as it truly is.” Or as I argue, to attend to the other ‘justly and lovingly’, Murdoch would instruct, is not merely to accurately collect details about the other and then arrive at an approximation of its being, but also to apprehend the other as ‘distinctly singular’ and ‘distinctly foreign’ from oneself–which at once forgoes any assimilation of the other into oneself, incidentally. The recognition of the other as ‘one who embodies human otherness and dignity’ becomes the condition for and coherent way of imagining and accessing moral reality. Moreover, for Diane Davis, this “being-for-the-other names a pre-originary obligation to respond to the other [and] it is in this response that both the self and the other emerge as existents” whose ethical projects are each challenged by the markedly different and infinitely other being. This obligation, Levinas might also say, is an ‘authority’ that is experienced like the effect of the other upon me, so that I am subsequently motivated to enact ethical task-making. I am not, therefore, “pulling everything other into the same, the known, the comprehended,” nor am I looking to any normative theories as authoritative templates from which I act ethically. And so, unlike Husserl, I am not “joining the philosophical tradition in its fundamental disrespect for all things other,” but instead, by dispositioning myself between these theories in responsible Levinasian fashion, I will be tracking them in response to their confronting me, and not as normative theories that are applicable to real and lived experiences. (shrink)

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...) laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

Belief in the existence of spiritual entities is an integral part of many people’s religious worldview. Angels appear, demons possess, ghosts haunt. But is belief that such entities exist justified? If not, are there conditions in which it would be? I will begin by showing why, once one clearly understands how to infer the best explanation, it is obvious that neither stories nor personal encounters can provide sufficient evidence to justify belief in spiritual entities. After responding to objections to similar (...) arguments I have published in the past, I will go on to show that there is at least an imaginable circumstance in which belief in spiritual entities would be justified but then point out that it is not reasonable to think that such conditions will ever be met. In short, if such entities were real, it would be theoretically possible to demonstrate their existence scientifically, and in doing so, one could make belief in their existence justified. But doing so would require and entail a scientific revolution equivalent to proving that the Earth is flat. (shrink)

This paper explores how hinge epistemology might fruitfully be applied not only to the problem of radical skepticism, but also to certain domain specific skepticisms, and in particular, moral skepticism. The paper explains the idea of a domain specific skepticism, and how domain specific skepticisms contrast with radical skepticism. I argue that a domain specific skeptical problem can be resolved in just the same way as radical skepticism, if there are hinge commitments within that domain. I then suggest that there (...) are hinge commitments in the moral domain, and use this to address a moral skeptical problem due to our apparent inability to know moral nihilism to be false. (shrink)

This study steps beyond the traditional arguments of feminism and examines homebirth from a libertarian perspective. It addresses the debate over homebirth and midwifery, which includes the use of direct-entry midwives as well as the philosophical implications of individual autonomy expressed through consumer choice. Furthermore, this paper demonstrates that the medical establishment gains economic and political control primarily through medical licensing, and uses the state to undermine personal freedom as it advances a government-enforced monopoly on birth. At the same time, (...) empirical studies have established a substantial record of high safety and low medical complication rates for homebirth as compared to hospital births. Ultimately, the state’s restriction on medical choices is incompatible with the nonaggression principle and voluntarism, and therefore, with libertarianism. (shrink)

Relationships with international students can be beneficial to higher education in terms of financial and human resources. For this reason, establishing and maintaining such relationships are usually pre-eminent concerns. In this study, we extended the application of the disconfirmation expectation model by incorporating components from subjective task value to predict the loyalty of international students toward their host countries. On a sample of 410 Vietnamese students enrolled in establishments of higher education in over 15 countries across the globe, we employed (...) structural equation model to construct the conceptual model. Our empirical findings revealed that while the roles of satisfaction and disconfirmation are still important as direct and indirect antecedents of international student loyalty, its most powerful predictors are the three components of subjective task value: attainment, utility and intrinsic. These insights result in a number of implications for actors on the higher ducation scene, such as heads of institutions and policy makers. (shrink)

As artforms, film and street art seem incompatible. Contra this incompatibility, I investigate their combination: cinematic street art. Two promising cases are the artworks MUTO and Repopulate, but I argue neither is suitable. MUTO only counts if I accept the transparency thesis, the claim that photographs allow us to literally see their depicta. Repopulate only counts if we reject Noel Carroll’s requirement that a cinematic performance token isn’t itself an artwork. However, these imperfect cases demonstrate what is required in order (...) to have cinematic street art: the artwork is a 1) aconsensual artwork that 2) does not merely use street art as imagery or 3) merely use the street as a performance space. I introduce two hypothetical artworks inspired by this approach and discuss their merits, as well as their pitfalls relevant to my own desiderata. As such, this article serves as the foment for broader discussion within the philosophy of street art. (shrink)

A semantics is presented for Storrs McCall's separate axiomatizations of Aristotle's accepted and rejected polysyllogisms. The polysyllogisms under discussion are made up of either assertoric or apodeictic propositions. The semantics is given by associating a property with a pair of sets: one set consists of things having the property essentially and the other of things having it accidentally. A completeness proof and a semantic decision procedure are given.

What is it that we are doing when we make ethical claims and judgments, such as the claim that we morally ought to assist refugees? This dissertation introduces and defends a novel theory of ethical thought and discourse. I begin by identifying the surface features of ethical thought and discourse to be explained, including the realist and cognitivist (i.e. belief-like) appearance of ethical judgments, and the apparent close connection between making a sincere ethical judgment and being motivated to act on (...) it. I examine prominent attempts to explain these features, with a focus on recent ‘hybrid’ theories combining elements of expressivism and cognitivism. Despite their initial promise, I argue that extant hybrid theories are nevertheless committed to problematic semantic, metasemantic, or pragmatic assumptions. I then discuss what I take to be the strongest existing option, ethical neo-expressivism (Bar-On and Chrisman, 2009; Bar-On, Chrisman, and Sias, 2014), and develop it into an explicitly hybrid theory proposing that ethical judgments incorporate both motivationally-charged affective states and moral beliefs. I then supplement this account with a theory of the proper function (following Millikan, 1984) of ethical claims and judgments, arguing that they function simultaneously to track the morally salient features of social situations, and to coordinate our behavior around these features. Finally, I defend one of the cognitivist commitments of the theory – namely, that objective moral knowledge is possible – by applying recent work on the epistemology of fundamental or ‘core’ intellectual commitments (Lynch, 2012; Pritchard, 2016) to the moral realm. (shrink)

Critics have alleged that Democritus’ ethical prescriptions (“gnomai”) are incompatible with his physics, since his atomism seems committed to necessity or chance (or an awkward combination of both) as a universal cause of everything, leaving no room for personal responsibility. I argue that Democritus’ critics, both ancient and contemporary, have misunderstood a fundamental concept of his causality: a cause called “spontaneity”, which Democritus evidently considered a necessary (not chance) cause, compatible with human freedom, of both atomic motion and human actions. (...) Some influential contemporary compatibilists have argued that freedom and responsibility are compatible with causal determinism, but not intentional constraint where some other agent is intentionally manipulating or coercing one’s actions. In line with this, Democritus holds that humans should not blame their actions on other agents like the gods, or agent-like external forces like fate or chance, but should assume ultimate intentional control over their own choices and actions. The famous remark of his associate Leucippus that “everything happens for a reason and out of necessity” is a fitting slogan of their atomistic philosophy, for Democritus pursued what can without anachronism be recognized as a causal theory of freedom. (shrink)

Democritus of Abdera, best known as a cosmologist and the founder of atomism, wrote more on ethics than anyone before Plato. His work Peri euthumiês (On Contentment) was extremely influential on the later development of teleological and intellectualist ethics, eudaimonism, hedonism, therapeutic ethics, and positive psychology. The loss of his works, however, and the transmission of his fragments in collections of maxims (gnomai), has obscured the extent his contribution to the history of systematic ethics and influence on later philosophy, especially (...) in the Hellenistic age. In this essay I review the evidence basis for Democritus’ ethics, discuss the rhetorical and logical aspects of his maxims, attempt to synthesize the fragments into an overall interpretation, and offer a summary some of the more influential aspects of his ethics. (shrink)

Authenticates approximately 500 lines of Aristotle's lost work the Protrepticus (Exhortation to Philosophy) contained in the circa third century AD work by Iamblichus of Chalcis entitled Protrepticus epi philosophian. Includes a complete English translation of the authenticated material.

This paper explores the complex nature of social biases, arguing for a functional framework that recognizes their unity and diversity. The functional approach posits that all biases share a common functional role in overcoming underdetermination. This framework, I argue, provides a comprehensive understanding of how all psychological biases, including social biases, are unified. I then turn to the question of disunity, demonstrating how psychological social biases differ systematically in the mental states and processes that constitute them. These differences indicate that (...) biases at various levels of the cognitive architecture require distinct treatment along at least two dimensions: epistemic evaluation and mitigation strategies. By examining social biases through this dual lens of unity and diversity, we can more effectively identify when and how to intervene on problematic biases. Ultimately, this approach provides a nuanced understanding of the nature of social bias, offering practical guidance for addressing existing biases and proactively managing emerging biases in both human and artificial minds. (shrink)