In this paper I present an interpretation of Immanuel Kant’s transcendental deduction of the categories (a dangerous interpretation it turns out), based primarily on the “two-step” argument of the B deduction of the Critique of Pure Reason. I undertake to show that Kant’s distinction between the “pure forms of intuition” and “pure formal intuition” is successful in its attempt to prove that all sensible intuitions presuppose the a priori categories, in a way which is compatible, I claim, with Kant’s statements (...) (in the Aesthetic and elsewhere) that sensible intuition is prior to all concepts; and therefore that the Transcendental Aesthetic presupposes the Transcendental Analytic. Thus my Interpretation is a "conceptualist" reading of the deduction, in holding that perception, as receptivity, presupposes an underlying spontaneity of the pure understanding and categories. The categories are held to be not just compatible with all possible sensible intuitions, but through their "transcendental content" constitutive of the relation of sensible intuitions to objects - and this explains how our thought can represent objects a priori. It is one of the claims of my interpretation that the logical forms of judgment of general logic derive from the pure categories of transcendental logic, rather than vice-versa. I.e. that the logical forms through which we make empirical judgments by combining analytical concepts in inner sense in time, are originally grounded in an atemporal categorial synthesis in pure intuition (i.e. in the form of time but not the dimension of time), referring an outer intuition in general to the transcendental object of intuition (as “something in general” outside sensibility or receptivity), thereby providing the synthetic unity of the manifold which “..all analysis presupposes.” My conceptualist reading of the deduction, I claim, avoids the problems associated with other conceptualist readings, for example inconsistency with the text (“Intuitions are prior to all concepts.” etc.) and blurring of the distinction between receptivity and spontaneity. In my paper I prove that the categories can correctly be held to provide the a priori unity of intuitions, notwithstanding the fact that the latter are “prior to all concepts,” because this unity is not provided by the categories as fully-fledged concepts in the empirical subject, but as the transcendental logical form of these concepts, as a unity in the pure understanding - and the categories therefore require their empirical content or application for their objective reality as concepts. I.e. the categories, as logical functions of judgment for transcendental apperception, in the pure forms of intuition, are prior to all "concepts", correctly speaking, as well as prior to all intuitions, and provide the necessary unity of both. Likewise, at the empirical level my version of conceptualism cannot be accused of blurring the distinction between receptivity and spontaneity, or sensibility and understanding, because although the transcendental content of the categories, as a logical function of judgment in the pure forms of intuition, in transcendental apperception, is in necessary relation to sensibility (in combining the manifold in the pure or formal representation of the transcendental object) their empirical content is not. - At the empirical level the divide between spontaneity (as judgment in the empirical subject) and receptivity (as the effect of transcendental synthesis and the transcendental object on outer and inner sense) remains intact. Conceptualist readings of the deduction also have to avoid infringing Kant’s requirement that the sensible manifold originally be given prior to and independently of all acts of the understanding, or otherwise to qualify the requirement in some way - e.g. by taking a Hegelian direction, such as that taken by John McDowell.1 On my reading of the deduction the sensible manifold given indeterminately in the pure forms of space and time must be given prior to the categorial synthesis of the manifold in the pure representation of the transcendental object, i.e. in the pure 'concept' of an object in general affecting sensibility. Therefore Kant’s requirement for an undetermined manifold given prior to, and independently of, all acts of the understanding (“..the manifold to be intuited must be given prior to the synthesis of understanding, and independently of it. How this takes place, remains here undetermined” [cf.B145/146]) is not infringed. In a later section of the paper, however, I will argue that the transcendental object (of intuition) does have pure theoretical reason as one of its two interacting immanent aspects, but is distinct from pure theoretical reason in the other of its (the transcendental object of intuition's) two interacting immanent aspects, i.e. pure will, which adds a Schopenhauerian element to my interpretation (which will be argued for in a way which supports Kantian optimism over Schopenhauerian pessimism however, in regard to the freedom of the will). Another perceived inconsistency in the deduction, which my interpretation can explain, is Kant’s description (in the B deduction) of the principle of the necessary synthetic unity of apperception as analytic, while in the A deduction it is described as synthetic. I explain this as a difference in the reference of terms such as “my representations” in the two versions - a transcendental reference in the B version but an empirical and transcendental reference in the A version of the principle. I also show that the first part of the two-step B deduction can correctly be characterised by Kant as analytic and the second, concluding part, synthetic (a point of dispute amongst Kant scholars) because transcendental logic (which refers to both the analytic and synthetic aspects of the principle of apperception) “does not abstract from the pure content of knowledge.” While being a “double aspect” rather than “two world” view of transcendental Idealism (because objects of intuition are comprised of both the empirical and transcendental object, i.e. transcendental referent, of intuition, my view differs significantly from the “double aspect” interpretation of Henry Allison (which distinguishes empirical reality from the “God’s eye” view). The view of transcendental idealism resulting from my reading of the deduction, I claim, allows a full empirical realism, because empirical intuitions, as objects of cognition, are the appearance of both the transcendental subject and the transcendental object (i.e. transcendental referent ) of transcendental synthesis (both as “something in general” outside sensibility or receptivity, or rather outside sensibility as receptivity). I conclude that Kant succeeds (although only with the addition of what I have called my 'Schopenhauerian element') in his attempt to prove that we have a transcendental unity of apperception which both constitutes, and is constituted by, the relation of sensible representations to objects, and that since transcendental apperception is the a priori underlying ground of empirical apperception, the categories (as the logical functions of judgment by which transcendental apperception relates sensible representations to objects) are the a priori underlying ground of all experience, and are therefore valid synthetically a priori for all objects of experience. 1 E.g. in “On Pippin’s Postscript.” European Journal of Philosophy 15:3 pp. 395-410. (shrink)

It is often taken for granted that our desires can contribute to what it is rational for us to do. This paper examines an account of desire—the ‘guise of the good’— that promises an explanation of this datum. I argue that extant guise-of-the-good accounts fail to provide an adequate explanation of how a class of desires—basic desires—contributes to practical rationality. I develop an alternative guise-of-the-good account on which basic desires attune us to our reasons for action in virtue of their (...) biological function. This account emphasises the role of desire as part of our competence to recognise and respond to normative reasons. (shrink)

Many philosophers have suggested that claims of need play a special normative role in ethical thought and talk. But what do such claims mean? What does this special role amount to? Progress on these questions can be made by attending to a puzzle concerning some linguistic differences between two types of 'need' sentence: one where 'need' occurs as a verb, and where it occurs as a noun. I argue that the resources developed to solve the puzzle advance our understanding of (...) the metaphysics of need, the meaning of 'need' sentences, and the function of claims of need in ethical discourse. (shrink)

Experiences of urges, impulses, or inclinations are among the most basic elements in the practical life of conscious agents. This article develops a theory of urges and their epistemology. The article motivates a tripartite framework that distinguishes urges, conscious experiences of urges, and exercises of capacities that agents have to control their urges. The article elaborates the elements of the tripartite framework, in particular, the phenomenological contribution of motor imagery. It argues that experiences of urges and exercises of control over (...) urges play coordinate roles in enabling an agent’s awareness of their impulses. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural relationships. (...) In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

Desire satisfaction has not received detailed philosophical examination. Yet intuitive judgments about the satisfaction of desires have been used as data points guiding theories of desire, desire content, and the semantics of ‘desire’. This paper examines desire satisfaction and the standard propositional view of desire. Firstly, I argue that there are several distinct concepts of satisfaction. Secondly, I argue that separating them defuses a difficulty for the standard view in accommodating desires that Derek Parfit described as ‘implicitly conditional on their (...) own persistence’, a problem posed by Shieva Kleinschmidt, Kris McDaniel, and Ben Bradley. The solution undercuts a key motivation for rejecting the standard view in favour of more radical accounts proposed in the literature. (shrink)

Only our lineage has ever used trackways reading to find unseen and unheard targets. All other terrestrial animals, including our great ape cousins, use scent trails and airborne odors. Because trackways as natural signs have very different properties, they possess an information-rich narrative structure. There is good evidence we began to exploit conspecific trackways in our deep past, at first purely associatively, for safety and orienteering when foraging in vast featureless wetlands. Since our own old trackways were recognizable they were (...) self-mirroring, triggering memories of what we had been up to in the past. Using them to find our way back to the band when temporarily lost or to re-find a resource-rich area discovered the day before enabled optimal foraging. Selection for daily reiteration of one’s own old trackways therefore triggered the evolution of what is distinctive about human cognition: the autobiographical or narrative (episodic) faculty for imaginative self-projection. This faculty enabled us to glean useful social information from the stories “told” by other band members’ old trackways, and created spin-off capacities for fast-track social learning. Resultant increases in socioecological complexity then created positive selective feedback loops for further entrenchment. Incrementally we became the ultra-social narrative-minded ape, capable of creating cumulative culture. (shrink)

In the Gorgias, Socrates argues that just punishment, though painful, benefits the unjust person by removing injustice from her soul. This paper argues that Socrates thinks the true judge (i) will never use corporal punishment, because such procedures do not remove injustice from the soul; (ii) will use refutations and rebukes as punishments that reveal and focus attention on psychological disorder (= injustice); and (iii) will use confiscation, exile, and death to remove external goods that facilitate unjust action.

DNA sequencers, Twitter, MRIs, Facebook, particle accelerators, Google Books, radio telescopes, Tumblr: what do these things have in common? According to the evangelists of “data science,” all of these are instruments for observing reality at unprecedentedly large scales and fine granularities. This perspective ignores the social reality of these very different technological systems, ignoring how they are made, how they work, and what they mean in favor of an exclusive focus on what they generate: Big Data. But no data, big (...) or small, can be interpreted without an understanding of the process that generated them. Statistical data science is applicable to systems that have been designed as scientific instruments, but is likely to lead to confusion when applied to systems that have not. In those cases, a historical inquiry is preferable. (shrink)

The present studies investigate how the intentions of third parties influence judgments of moral responsibility for other agents who commit immoral acts. Using cases in which an agent acts under some situational constraint brought about by a third party, we ask whether the agent is blamed less for the immoral act when the third party intended for that act to occur. Study 1 demonstrates that third-party intentions do influence judgments of blame. Study 2 finds that third-party intentions only influence moral (...) judgments when the agent's actions precisely match the third party's intention. Study 3 shows that this effect arises from changes in participants' causal perception that the third party was controlling the agent. Studies 4 and 5, respectively, show that the effect cannot be explained by changes in the distribution of blame or perceived differences in situational constraint faced by the agent. (shrink)

_Theurgy and the Soul_ is a study of Iamblichus of Syria, whose teachings set the final form of pagan spirituality prior to the Christianization of the Roman Empire. Gregory Shaw focuses on the theory and practice of theurgy, the most controversial and significant aspect of Iamblichus's Platonism. Theurgy literally means "divine action." Unlike previous Platonists who stressed the elevated status of the human soul, Iamblichus taught that the soul descended completely into the body and thereby required the performance of (...) theurgic rites—revealed by the gods—to unite the soul with the One. Iamblichus was once considered one of the great philosophers whose views on the soul and the importance of ritual profoundly influenced subsequent Platonists such as Proclus and Damascius. The Emperor Julian followed Iamblichus's teachings to guide the restoration of traditional pagan cults in his campaign against Christianity. Although Julian was unsuccessful, Iamblichus's ideas persisted well into the Middle Ages and beyond. His vision of a hierarchical cosmos united by divine ritual became the dominant world view for the entire medieval world and played an important role in the Renaissance Platonism of Marsilio Ficino. Even Ralph Waldo Emerson wrote that he expected a reading of Iamblichus to cause a "revival in the churches." But modern scholars have dismissed him, seeing theurgy as ritual magic or "manipulation of the gods." Shaw, however, shows that theurgy was a subtle and intellectually sophisticated attempt to apply Platonic and Pythagorean teachings to the full expression of human existence in the material world. (shrink)

This paper evaluates the claim that some desires provide reasons in virtue of their connection with conscious affective experiences like feelings of attraction or aversion. I clarify the nature of affective desires and several distinct ways in which affective desires might provide reasons. Against accounts proposed by Ruth Chang, Declan Smithies and Jeremy Weiss, I motivate doubts that it is the phenomenology of affective experiences that explains their normative or rational significance. I outline an alternative approach that centralises the function (...) of such experiences. (shrink)

The Japanese scholar Miura Baien (1723-1789) worked throughout his life to produce a philosophical analysis of the natural world. Misinterpretations of his intentions arise from drawing diagrams on his behalf that are inconsistent with his text, or by applying to his text Western academic terms that are quite foreign to his thought. When Baien's text is examined in his own terms we can understand its significant role in the scientific thought of the Edo period.

This paper argues that Socrates does not claim to be a political expert at Gorgias 521d6-8, as many scholars say. Still, Socrates does claim a special grasp of true politics. His special grasp (i) results from divine dispensation; (ii) is coherent true belief about politics; and (iii) also is Socratic wisdom about his own epistemic shortcomings. This condition falls short of expertise in two ways: Socrates sometimes lacks fully determinate answers to political questions, and he does not grasp the first (...) principles of politics. (shrink)

Matters of Certainty and Conviction. In the section on certainty, Shaw puts forth a proof of the external world, and considers topics such as change, difference, time, consciousness, substance and quality.

How should we think of the preferences of citizens? Whereas self-optimal policy is relatively straightforward to produce, socially optimal policy often requires a more detailed examination. In this paper, we identify an issue that has received far too little attention in welfarist modelling of public policy, which we name the "hidden assumptions" problem. Hidden assumptions can be deceptive because they are not expressed explicitly and the social planner (e.g. a policy maker, a regulator, a legislator) may not give them the (...) critical attention they need. We argue that ethical expertise has a direct role to play in public discourse because it is hard to adopt a position on major issues like public health policy or healthcare prioritisation without making contentious assumptions about population ethics. We then postulate that ethicists are best situated to critically evaluate these hidden assumptions, and can therefore play a vital role in public policy debates. (shrink)

It can be easy to assume that since the “theist in the street” is unaware of any of the traditional arguments for theism, he or she is not in position to offer independent rational support for believing that God exists. I argue that that is false if we accept with William Alston that “manifestation beliefs” can enjoy rational support on the basis of suitable religious experiences. I make my case by defending the viability of a Moorean-style proof for theism—a proof (...) for the existence of God that parallels in structure G. E. Moore’s famous proof for the existence of the external world. I argue that this shows that even if the theist in the street has nothing to offer for helping to convince the religious sceptic, this needn’t entail that she cannot offer independent rational support in defense of her theistic belief. (shrink)

Peter Lamarque recently reported on current trends in aesthetics in the Postgraduate Journal of Aesthetics. Noticeably absent from his list, however, is the emergence and acceptance of feminist approaches in aesthetics, especially among analytic philosophers. Yet feminism is an important movement, one that should have been included among those he discusses. Indeed, my goal is to convince you that feminism should have made it onto Lamarque’s list. Rather than criticize him, however, I want to use his oversight to ask why (...) feminist philosophers working in analytic aesthetics have trouble getting the recognition they deserve. My suggestion will be that the specificity of feminist critiques in aesthetics is often what makes it difficult for philosophers to appreciate their significance. I will also argue that it is precisely because of this specificity that feminism is a uniquely important movement in contemporary aesthetics. (shrink)

This introduction provides brief outlines of the articles collected in this special issue of the International Journal of Philosophical Studies on the topic of Ethics and Emotions. It also announces the winners of the 2021 Robert Papazian and PERITIA prizes.

This paper reads Republic 583b-608b as a single, continuous line of argument. First, Socrates distinguishes real from apparent pleasure and argues that justice is more pleasant than injustice. Next, he describes how pleasures nourish the soul. This line of argument continues into the second discussion of poetry: tragic pleasures are mixed pleasures in the soul that seem greater than they are; indulging them nourishes appetite and corrupts the soul. The paper argues that Plato has a novel account of the ‘paradox (...) of tragedy’, and that the Republic and Philebus contain complementary discussions of tragic and comic pleasure. (shrink)

An existential interpretation of student angst in Chinese universities raises issues of autonomy and freedom. The governance arrangements in China create a conflict for Chinese students who in their coursework are urged to become critical-minded and open-minded. In this essay, Kant’s moral theory provides access to this phenomenon. His theory of duty–rationality–autonomy–freedom relates the liberty of thought to principled action. Kantian ideals still influence western business and university practice and they become relevant in China as that country modernises. The abilities (...) of graduates which officials say the country needs—insightfulness, creativity, innovation, progressiveness and commitment—are only achievable by professionals who are independent minded, rational and who commit to act on their own conclusions. Such people are Kant’s autonomous persons. Chinese students increasingly confront a conflicted educational environment. Universities require students to think, analyse and argue. An outcome of this deliberation is freedom, as construed by Kant as an ‘inner’construct. When students are unable to exercise Kantian freedom in matters which concern them they experience the angst of freedom. Students may carry a burden derived from bridles on information and authoritarian restrictions on dialogue. (shrink)

You don’t know that p unless it’s on account of your cognitive abilities that you believe truly that p. Virtue epistemologists think there’s some such ability constraint on knowledge. This looks to be in considerable tension, though, with putative faith- based knowledge. For it can easily seem that when you believe something truly on the basis of faith this isn't because of anything you're competent to do. Rather faith-based beliefs are a product of divine agency. Appearances notwithstanding, I argue in (...) this paper that there’s no deep tension between faith-based knowledge and virtue epistemology. Not if we learn to conceive of faith as a kind of extended knowledge. (shrink)

The paper highlights how a popular version of epistemological disjunctivism labors under a kind of 'internalist challenge'—a challenge that seems to have gone largely unacknowledged by disjunctivists. This is the challenge to vindicate the supposed 'internalist insight' that disjunctivists claim their view does well to protect. The paper argues that if we advance disjunctivism within a context that recognizes a distinction between merely functional and judgmental belief, we get a view that easily overcomes the internalist challenge.

This paper aims for a more robust epistemological disjunctivism (ED) by offering on its behalf a new and better response to the ‘new evil genius’ problem. The first section articulates the ‘new evil genius challenge’ (NEG challenge) to ED, specifying its two components: the ‘first-order’ and ‘diagnostic’ problems for ED. The first-order problem challenges proponents of ED to offer some explanation of the intuition behind the thought that your radically deceived duplicate is no less justified than you are for adopting (...) her perceptual beliefs. In the second section, I argue that 'blamelessness' explanations are inadequate to the task and offer better explanations in their place—that of ‘trait-level virtue’ and ‘reasonability’. The diagnostic problem challenges proponents of ED to explain why it is that classical internalists disagree with them about how to interpret 'new evil genius' considerations. The proponent of ED owes some error theory. I tackle this problem in the third section, arguing that classical internalists overlook disjunctivist interpretations of new evil genius intuitions owing to a mistaken commitment to a ‘vindicatory’ explanation of perceptual knowledge. (shrink)

This paper proposes a unified reading of pleasure's nature and value in Plato's _Philebus_. It also explains how the proposed reading illuminates certain claims about pleasure across the corpus that initially seem to be in some tension: (i) that pleasure is not the good; (ii) that pleasure is choiceworthy and an aspect of the best human life; and (iii) that pleasure is dangerous and tends to make us into bad people who live badly.

Slurring expressions display puzzling behaviour when embedded, such as under negation and in attitude and speech reports. They frequently appear to retain their characteristic qualities, like offensiveness and propensity to derogate. Yet it is sometimes possible to understand them as lacking these qualities. A theory of slurring expressions should explain this variability. We develop an explanation that deploys the linguistic notion of focus. Our proposal is that a speaker can conversationally implicate metalinguistic claims about the aptness of a focused slurring (...) expression. This explanation of variability relies on independently motivated mechanisms and is compatible with any theory of slurring expressions. (shrink)

Epistemological disjunctivism says that one can know that p on the rational basis of one’s seeing that p. The basis problem for disjunctivism says that that can’t be since seeing that p entails knowing that p on account of simply being the way in which one knows that p. In defense of their view disjunctivists have rejected the idea that seeing that p is just a way of knowing that p (the SwK thesis). That manoeuvre is familiar. In this paper (...) I explore the prospects for rejecting instead the thought that if the SwK thesis is true then seeing that p can’t be one’s rational basis for perceptual knowledge. I explore two strategies. The first situates disjunctivism within the context of a ‘knowledge-first’ approach that seeks to reverse the traditional understanding of the relationship between perceptual knowledge and justification (or rational support). But I argue that a more interesting strategy situates disjunctivism within a context that accepts a more nuanced understanding of perceptual beliefs. The proposal that I introduce reimagines disjunctivism in light of a bifurcated conception of perceptual knowledge that would see it cleaved along two dimensions. On the picture that results perceptual knowledge at the judgemental level is rationally supported by perceptual knowledge at the merely functional or ‘animal’ level. This supports a form of disjunctivism that I think is currently off the radar: one that’s consistent both with the SwK thesis and a commitment to a traditional reductive account of perceptual knowledge. (shrink)

An extended discussion with Frances Kamm about deontology and the methodology of ethical theorizing. (An extended and revised version appears in Alex Voorhoeve, Conversations on Ethics, OUP 2009).).

This paper explores religious belief in connection with epistemological disjunctivism. It applies recent advances in epistemological disjunctivism to the religious case for displaying an attractive model of specifically Christian religious belief. What results is a heretofore unoccupied position in religious epistemology—a view I call ‘religious epistemological disjunctivism’. My general argument is that RED furnishes superior explanations for the sort of ‘grasp of the truth’ which should undergird ‘matured Christian conviction’ of religious propositions. To this end I first display the more (...) familiar perceptual epistemological disjunctivism, contrasting it with both externalist and classically internalist views. This prepares the way for introducing RED with its own distinctive factive mental state operator—pneuming that p. In this second section I present the RED model, not failing to address a potential problem concerning religious disagreement. I also clarify RED’s distinctive internalist aspect, describing how it comports with contemporary internalist thinking in epistemology. I then move in section three to criticize externalist and classical internalist views, showing where they fail to make proper sense of the sort of knowing which should ground mature Christian conviction. Specifically, I highlight three intuitions which I think any theory of religious belief should capture: what I call the case-closed intuition, the good believer intuition, and the Plantingian platitude. This is all to set up for the final section where I argue that RED is superior for understanding proper religious believing—capturing the aforementioned intuitions. (shrink)

The following essay stems from my interest in finding out whether Taminiaux’s appealing and well-argued reading of the Greek and Platonic connivance between theôria and poiêsis in contrast to the fragility and contingency of human practical judgments and the human intrigue of our worldly abode—a reading that in his view is retrieved by modern and contemporary German philosophers, including Heidegger—may be applied to Husserl’s transcendental phenomenology and reduction. In my view, Taminiaux’s original and piercingly acute reading of the history of (...) philosophy is above all due to his close and severe scrutiny of texts transmitted by the tradition, in dialogue with our experience of the “matters themselves.” Following this spirit, I risk an alternative reading of the phenomenological reduction, and specifically of its transcendental version, as an eminently practical—namely, ethical—achievement, driven by a practical virtue, responsibility. (shrink)

Proponents of the aesthetic theory of art advocate that the aesthetic domain encompasses all artworks. However, there is a belief that although much art falls under the aesthetic, there are some artworks that do not. Avant-garde artworks are offered as counterexamples to the aesthetic theory as they are artworks that reject the very idea of the aesthetic. This paper explains the idea of non-perceptual aesthetic properties and explores whether it can incorporate avant-garde artworks into the domain of the aesthetic.

This chapter offers an overview of the Epicurean conception of philosophy, with special attention to the value of physics. The Epicureans value physics not only for its ability to help remove superstitious beliefs about the gods and death, but also for its ability to stabilize our beliefs and to give causal accounts of ethically-relevant kinds such as pleasure and desire.

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. (...) Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

There is a palpable need for a new theory that embraces organisations and management – the hegemony of scientific theories is at an end. This paper argues that the phenomenological method which Husserl inaugurates has the potential to provide new insights. Those who adopt a phenomenological attitude to their situation within a business can explore unusual, and as yet unseen, depths within phenomena. The paper introduces Husserl’s method which requires the development of skills and a thoroughgoing rejection of scientific methods (...) of enquiry. However, this method is unlikely assist practitioners to achieve already determined business goals. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Business education is at a critical juncture. How are we to justify the curriculum in undergraduate business awards in Aotearoa New Zealand? This essay suggests a philosophical framework for the analysis the business curriculum in Western countries. This framework helps us to see curriculum in a context of global academic communities and national needs. It situates the business degree in the essential tension which modernity (Western metaphysics) creates and which is expressed in an increasingly globalised economy. The tension is between (...) those who insist that the degree is to serve modernity and those who hope that it may contribute to a new era of justice and harmony with nature. One critical battle ground for the business curriculum is the subject Business Ethics. The business ethics curriculum often indicates the intention of the business ethics degree itself. Kant's distinction between heteronomy (rule following) and autonomy (making your own decisions) provides us with a means to judge the purposes of business ethics courses: there are courses which seek to produce reliable and compliant (heteronomous) employees, and there are those which seek to produce independent creative (autonomous) human beings. The question for this conference is: what do we as business educators see as our task? (shrink)

Husserl’s transcendental philosophy has frequently been disparaged in many of the central philosophical debates of the 20th century. And many of his most virulent critics have been adherents of phenomenological philosophy. Critiques have stressed the bankruptcy of the concept of ultimate foundation in relation to a transcendental subject that is allegedly solipsistic and conditioned by modern prejudices. Two essential insights have led me to reconsider such critical assessments.1 On the one hand, the open-ended and infinite nature of Husserlian intentional analysis (...) seems to indicate what could be characterized as a “withdrawal of ground” or an endless deferral of a self-sufficient, “ultimate foundation” in Descartes’s sense. On the other hand, a close examination of Husserlian concepts such as ‘ground’ and ‘rational knowledge’ reveals that their original Cartesian meaning has undergone semantic changes in Husserlian thought. In the present essay, I aim to lend support to these insights by examining the Fourth and, very briefly, Fifth Cartesian Meditations. The examination comprises four stages. First, it makes a case for focusing on the Cartesian Meditations, where Husserl’s “Cartesian option” seems obvious. Second, it attempts to disclose a differentiated foundational discourse in the Fourth Meditation, one that is dedicated to the difficult and core issue of the “ego’s self-constitution.” Third, it reassesses the foundational discourse of the intersubjective transcendental theory sketched in the "Fifth Meditation," after pointing out some misunderstandings concerning the sense of Husserl’s transcendental “idealism” and “solipsism.” And, finally, it asks whether the notions of ‘ground’ and ‘reason’—whose sense is shown in the foregoing stage to have been transformed—do, in fact, belong to a project that is, as Husserl’s critics claim, no longer feasible. The guiding thesis here is that if these steps are taken and my hypotheses confirmed, then Husserl’s work will still be able to contribute significantly to contemporary debates on the status of scientific discourse and the nature and goals of practical discourse, where both are conceived of as grounded in a radically understood human praxis. (shrink)

This paper inaugurates a discussion about the phenomenology of union decision-making. Phenomenology provides a new lens that may enable us to gain penetrating insights into how unions function in the fractious world of human resources management. The present paper is preliminary to any fieldwork that may be undertaken. Its main purposes are to identify theory that could be the foundation of further practical work, relate recent work in the phenomenology of management to union practices and to propose directions of enquiry. (...) The relevant theory is that of Edmund Husserl who provides us with a practical method of enquiry into the real world of human resource practice. Husserl’s work has already been applied in relation to local government functioning and some of the findings there appear relevant to the present enquiry. In particular, the nature and role of plebiscites. (shrink)

Human Beings and Freedom: An Interdisciplinary Perspective focuses on some contemporary issues relating to freedom, equality, identity and resistance from various perspectives, such as psychological, social, political, and metaphysical. In doing so it addresses topics such as the nature of human beings, political freedom, the relationship between freedom and equality, sex, gender and race, humour, and the notion of critique.

This thesis develops a hermeneutic philosophy of science to provide insights into physics education. -/- Modernity cloaks the authentic character of modern physics whenever discoveries entertain us or we judge theory by its use. Those who justify physics education through an appeal to its utility, or who reject truth as an aspect of physics, relativists and constructivists, misunderstand the nature of physics. Demonstrations, not experiments, reveal the essence of physics as two characteristic engagements with truth. First, truth in its guise (...) as correspondence enables a human being to prepare for the distinctive event of physics. -/- Second, the event of physics occurs in human perception when someone forces a hidden reality to disclose an aspect of itself. Thus, the ground of physics is our human involvement with reality achieved by way of truth. -/- To support this account of physics, the thesis reports phenomenological investigations into Isaac Newton’s involvement with optics and a secondary school physics laboratory. These involve interpretations of Heidegger’s theory of beings, schema and signification. The project draws upon, and contributes to, the hermeneutic phenomenology of modern physics, a tradition in continental philosophy that begins with Immanuel Kant, and advances particularly from Martin Heidegger to Patrick Heelan. -/- The thesis advocates an ontological pedagogy for modern physics which has as its purpose each individual student’s engagement with reality and truth. Students may achieve this through demonstrations of phenomena that will enable them to dwell with physics, an experience that contrasts with their embroilment in modernity, and which perpetuates nature’s own science. (shrink)

A model policy for conscientious objection in medicine.

We describe an evaluation undertaken on contract for the New Zealand State Services Commission of a major project (the Administrative Decision-Making Skills Project) designed to produce a model of administrative decision making and an associated teaching/learning packagefor use by government officers. It describes the evaluation of a philosophical model of decision making and the associated teaching/learning package in the setting of the New Zealand Public Service, where a deliberate attempt has been initiated to improve the quality of decision making, especially (...) in relation to moral factors. (shrink)

This paper introduces the concept of collective intentionality and shows its relevance when we seek to understand public management. Social ontology – particularly its leading concept, collective intentionality – provides critical insights into public organisations. The paper sets out the some of the epistemological limitations of cultural theories and takes as its example of these the group-grid theory of Douglas and Hood. It then draws upon Brentano, Husserl and Searle to show the ontological character of public management. Modern public institutions (...) – such as advisory organisations and service delivery agencies, including schools and universities – are expressions of human collective intentionality. The central concept within these institutions, as a phenomenology reveals, is cooperation. Public institutions are natural structures that emerge from our evolutionary ancestry as cooperative animals and enduringly display all the features of that ancestry. (shrink)

Introduction: representationalismMost theorists of cognition endorse some version of representationalism, which I will understand as the view that the human mind is an information-using system, and that human cognitive capacities are representational capacities. Of course, notions such as ‘representation’ and ‘information-using’ are terms of art that require explication. As a first pass, representations are “mediating states of an intelligent system that carry information” (Markman and Dietrich 2001, p. 471). They have two important features: (1) they are physically realized, and so (...) have causal powers; (2) they are intentional, in other words, they have meaning or representational content. This presumes a distinction between a representational vehicle—a physical state or structure that has causal powers and is responsible for producing behavior—and its content. Consider the following characterization of a device that computes the addition functionReaders will recognize the similarity t. (shrink)

With English as a universal language and a central player in a globalized digital world, the need for an acceptable level of teacher ICT application skills, competence among teachers of English is necessary. The Government of Kenya (GoK) has put in concerted efforts to propel Kenya towards vision 2030 by investing in ICT integration in curriculum implementation, to equip a professional teacher with ICT skills for quality classroom practices and satisfactory learner performance in national examinations. Despite the efforts by the (...) GoK to equip teachers with ICT skills for good results in English, Kenya National Examinations Council (2022) contends, overall performance in English for the past 5 years falls short of the average mean of 50% and relentless effort from teachers is still required. The purpose of this study was to investigate the influence of teacher level of ICT application skills on implementation of English curriculum in public secondary schools in Kakamega North Sub-County, Kenya. The study used descriptive research design. A sample of 44 principals, 88 teachers of English and 345 form three students across the 50 public secondary schools in Kakamega North Sub-County, Kenya, were targeted. A questionnaire, interview schedule, classroom practice observation schedule, and focus group discussion guide were used to collect data. Qualitative data was analyzed thematically whereas quantitative data was presented through tables, percentages and frequencies. Chi-square test was performed to test hypothesis. Response rate was 79.5%. The findings indicated that there were teachers who neither participated in ICT workshops (67.1%) nor attended conferences on choice of teaching and learning materials (47.1%), a gap pointing on teachers. Interviews and FGD results show, teacher level of ICT application skills is crucial if quality results are to be realized. The study found a significant association between teacher level of ICT application skills and implementation of English curriculum in school. The study concluded, teacher level of ICT skills in teaching of English is a major concern. (shrink)

Philosophers often find themselves in disagreement with contemporary philosophers they know full well to be their epistemic superiors on the topics relevant to the disagreement. This looks epistemically irresponsible. I offer a detailed investigation of this problem of the reflective epistemic renegade. I argue that although in some cases the renegade is not epistemically blameworthy, and the renegade situation is significantly less common than most would think, in a troublesome number of cases in which the situation arises the renegade is (...) blameworthy in her disagreement with recognized epistemic superiors. I also offer some thoughts on what it would mean for philosophical practice for us to refrain from being renegades. Finally, I show how a new kind of radical skepticism emerges from modest theses regarding the renegade. (shrink)

Among the cognitive capacities of evolved creatures is the capacity to represent. Theories in cognitive neuroscience typically explain our manifest representational capacities by positing internal representations, but there is little agreement about how these representations function, especially with the relatively recent proliferation of connectionist, dynamical, embodied, and enactive approaches to cognition. In this talk I sketch an account of the nature and function of representation in cognitive neuroscience that couples a realist construal of representational vehicles with a pragmatic account of (...) mental content. I call the resulting package a deflationary account of mental representation and I argue that it avoids the problems that afflict competing accounts. (shrink)

The Government of Kenya (GoK) touts teacher-preparedness as a critical factor that shows the equipping of a professional teacher for quality performance and satisfactory learner performance in national examinations. Despite the efforts by the GoK, there is a worrying trend of students completing school with reading and writing difficulties. The Kenya National Examinations Council (2020) contends students’ poor performance in English for the past 5 years, falling short of the average mean of 50%. Descriptive research design was used. A sample (...) of 44 principals, 88 teachers and 345 form three students across 50 public secondary schools in Kakamega North, were targeted. A questionnaire, interview schedule, classroom practice observation schedule, and focus group discussion guide were used to collect data. Qualitative data was analyzed thematically whereas quantitative data was presented through tables, percentages and frequencies. Chi-square test was performed to test hypothesis. Response rate was 79.5%. The findings indicated that majority (97.1%) of the teachers participated in coursebooks and other revision textbook in-service courses as per the changing trends in teaching of English whereas ICT workshops had low percentages, a gap pointing on teacher level of preparedness. The findings from principals indicated, teachers of English sometimes declined to take up ICT in-service trainings for fear of additional responsibilities in school. Findings from FGDs show, teachers were rated average by most students in terms of preparedness in material use in classrooms. On determining the extent to which teacher level of preparedness influence implementation of English curriculum in school, teachers’ opinions had a Mean of 4.0000; Standard deviation of 3.08338; and Skewness of .397, indicating teacher level of preparedness has a high and strong positive influence on implementation of English curriculum in school if well checked and applied. The study established a significant relationship between teacher level of preparedness and implementation of English curriculum (p=0.007<0.05). Findings concur with KNEC (2020), contending students’ poor performance in English as unsatisfying. (shrink)

In this open peer commentary, we concur with the three target articles’ analysis and positions on abortion in the special issue on Roe v. Wade as the exercise of reproductive liberty essential for the bioethical commitment to patient autonomy and self-determination. Our proposed OPC augments that analysis by explicating more fully the concept crucial to Roe of fetal personhood. We explain that the development and use of predictive reproductive technologies over the fifty years since Roe has changed the literal image, (...) and thereby the epistemological landscape, through which a prospective parent comes to know the fetus. The logic of Roe required a legal and ethical denial of fetal personhood to prioritize maternal autonomy over claims to fetal moral personhood. Our claim is that such a denial may be more complicated today. The fetal person genetic testing and reproductive imaging now presents to prospective parents has become an increasingly individualized, distinct medicalized picture of a developing person with which a parent can either identify or differentiate. In contrast, the fetal person of Roe was an abstract and vague figure stripped of most human particulars, a pregnancy rather than the specific individualized human entity reproductive technology now presents as a person to prospective parents. We discuss the implications of this shift and call for a more capacious analysis of reproductive ethics that works towards both reproductive and disability justice. (shrink)