Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put (...) it: "...we propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".

The scientific consensus regarding anthropogenic climate change is firmly established yet climate change denialism, a species of what I call pseudoskepticism, is on the rise in industrial nations most responsible for climate change. Such denialism suggests the need for a robust ethics of inquiry and public discourse. In this paper I argue: (1) that ethical obligations of inquiry extend to every voting citizen insofar as citizens are bound together as a political body. (2) It is morally condemnable for public officials (...) to put forward assertions contrary to scientific consensus when such consensus is decisive for public policy and legislation. (3) It is imperative upon educators, journalists, politicians and all those with greater access to the public forum to condemn, factually and ethically, pseudoskeptical assertions made in the public realm without equivocation. (shrink)

. Computational chemistry grew in a new era of “desktop modeling,” which coincided with a growing demand for modeling software, especially from the pharmaceutical industry. Parameterization of models in computational chemistry is an arduous enterprise, and we argue that this activity leads, in this specific context, to tensions among scientists regarding the epistemic opacity transparency of parameterized methods and the software implementing them. We relate one flame war from the Computational Chemistry mailing List in order to assess in detail the (...) relationships between modeling methods, parameterization, software and the various forms of their enclosure or disclosure. Our claim is that parameterization issues are an important and often neglected source of epistemic opacity and that this opacity is entangled in methods and software alike. Models and software must be addressed together to understand the epistemological tensions at stake. (shrink)

Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...) of two episodes categorized as sexual assaults that occurred in their camp, the members of Occupy Geneva decided to tackle those issues in a general assembly. Their goal was to amend their first charter of good conduct in order to reform its norms and complete it with norms aiming to regulate ‘facts’ of ‘unjustified violence’. During a collective deliberation, new norms were devised, debated and consensually adopted. The writing of the new charter took place in a second general assembly during which the wording of the written norms was collectively decided. I show that indignation over the sexual assaults was the main motive that led to the collective deliberation, and that the entire process of the making of these norms was characterized by different collective emotions. Indeed, indignation, contempt and fear played major roles in the emergence of norms prohibiting violence, allowing punishment and exclusion of wrongdoers, and prescribing collective intervention against an aggressor to neutralize the threat represented. These findings prompt me to hypothesize that social norms emerge from emotions thanks to the latters’ internal structure; and that emotions provide causal and grounding explanations for this emergence. Thus, emotions allow us to answer the questions: ‘Why do norms emerge?’ and ‘Why do they have their specific forms?’ In short, I argue that social norms have emotional foundations. (shrink)

Cet article s’intéresse au problème de la maintenance, c’est-à-dire au moment où les membres d’un collectif social tentent d’assurer dans le temps l’existence de leur collectif en instituant des règles pour réguler leurs comportements. Ce problème se pose avec acuité lorsque certains membres ne respectent pas ces règles communes. Pour maintenir la coopération sociale, les membres peuvent décider d’instituer des règles secondaires visant à sanctionner les transgressions des règles primaires déjà établies. La maintenance d’un collectif peut ainsi reposer sur l’émergence (...) de pouvoirs déontiques qui donnent aux membres l’autorité de légitimement punir et expulser les transgresseurs. Mais d’où viennent ces règles ? On peut penser qu’elles émergent des émotions éprouvées par les membres envers les transgresseurs. Je le démontre à l’aide d’une étude de cas qui établit que, dans le collectif Occupy Geneva, l’institutionnalisation de normes pour punir, exclure et réintégrer les déviants s’ancraient respectivement dans l’indignation, le mépris et le pardon. -/- This article focuses on the problem of maintenance; that is the moment when the members of a social collective attempt to ensure the existence of their collective over time by instituting rules to regulate their behavior. This problem becomes critical when certain members do not respect the common rules. To maintain social cooperation, members can decide to institute secondary rules aimed at sanctioning the transgressions of the already established primary rules. The maintenance of a collective can thus rely on the emergence of deontic powers that give members the authority to legitimately punish and expel transgressors. But where do these rules come from? The hypothesis is that they emerge from the emotions felt by the members towards the transgressors. I show this with the help of a case study, which establishes that the institutionalization of norms allowing the punishment, the exclusion, and the reintegration of deviants within the “Occupy Geneva” collective, was grounded in indignation, contempt, and forgiveness respectively. (shrink)

At the phenomenal level, consciousness can be described as a singular, unified field of recursive self-awareness, consistently coherent in a particualr way; that of a subject located both spatially and temporally in an egocentrically-extended domain, such that conscious self-awareness is explicitly characterized by I-ness, now-ness and here-ness. The psychological mechanism underwriting this spatiotemporal self-locatedness and its recursive processing style involves an evolutionary elaboration of the basic orientative reference frame which consistently structures ongoing spatiotemporal self-location computations as i-here-now. Cognition computes action-output (...) in the midst of ongoing movement, and consequently requires a constant self-locating spatiotemporal reference frame as basis for these computations. Over time, constant evolutionary pressures for energy efficiency have encouraged both the proliferation of anticipative feedforward processing mechansims, and the elaboration, at the apex of the sensorimotor processing hierarchy, of self-activating, highly attenuated recursively-feedforward circuitry processing the basic orientational schema independent of external action output. As the primary reference frame of active waking cognition, this recursive i-here-now processing generates a zone of subjective self-awareness in terms of which it feels like something to be oneself here and now. This is consciousness. (shrink)

Since the publication of Andrews Reath's “Two Conceptions of the Highest Good in Kant” (Journal of the History of Philosophy 26:4 (1988)), most scholars have come to accept the view that Kant migrated away from an earlier “theological” version to one that is more “secular.” The purpose of this paper is to explore the roots of this interpretative trend, re-assess its merits, and then examine how the Highest Good is portrayed in Kant’s Religion within the Boundaries of Mere Reason. As (...) will be argued, it is in this text more so than any other where Kant develops his most philosophically sophisticated account of the Highest Good. Because of the central significance of Kant’s doctrine of the Highest Good for both his ethical theory and philosophy of religion, this paper therefore seeks to provide an important corrective to the current received views. (shrink)

I argue that physicians can save women from life-threatening pregnancies by performing a craniotomy, placentectomy, or salpingotomy without intending death or harm. To support this conclusion, I defend the relevance thesis about intentions (a person intends X only if X explains the action). I then criticize the identity thesis (if a person intends X and knows that X is identical to Y then the person intends Y) and three mistakenly strict moral principles: (1) one may not intend something that is (...) a serious harm for an innocent person, (2) one may not intend to terminate pregnancy before viability, and (3) one may not act on a person’s body in a harmful way in order to benefit another person. (1) would prohibit procuring organs from living donors, (2) would prohibit treating hepatic pregnancies and other ectopic pregnancies, and (3) would prohibit procuring organs from living donors and performing many prenatal surgeries. (shrink)

In the Fifth Meditation, Descartes makes a remarkable claim about the ontological status of geometrical figures. He asserts that an object such as a triangle has a 'true and immutable nature' that does not depend on the mind, yet has being even if there are no triangles existing in the world. This statement has led many commentators to assume that Descartes is a Platonist regarding essences and in the philosophy of mathematics. One problem with this seemingly natural reading is that (...) it contradicts the conceptualist account of universals that one finds in the Principles of Philosophy and elsewhere. In this paper, I offer a novel interpretation of the notion of a true and immutable nature which reconciles the Fifth Meditation with the conceptualism of Descartes' other work. Specifically, I argue that Descartes takes natures to be innate ideas considered in terms of their so-called 'objective being'. (shrink)

The dispute about the role of class in understanding the life situations of people of color has tended to be overpolarized, between a class reductionism and an “it's only race” position. Class processes shape racial groups’ life situations. Race and class are also distinct axes of injustice; but class injustice informs racial injustice. Some aspects of racial injustice can be expressed only in concepts associated with class (e.g., material deprivation, inferior education). But other aspects of racial injustice or other harms, (...) such as racial discrimination or stigma, are not reducible to class concepts and cannot be fully addressed through class-focused policies. Overall, any attempt to fully secure racial justice for a racial group will require a combination of race-focused and class-focused policies. Anti-racist outlooks often neglect or downplay either the normative or the explanatory significance of class, or both—for example, by overlooking or downplaying the dignitary harms of class and the material harms of race; missing the historical dimension of class injustice; masking class by a narrowing of the complex normative structure of racial disparities; or not recognizing that a class-focused initiative (like raising the minimum wage) can address substantial racial justice concerns, even though not all of them. “Systemic racism” terminology recognizes class explanatorily but suppresses it normatively. Charles Mills's influential notion of “white supremacy,” while a powerful tool for conceptualizing and illuminating racial injustice, can also contribute to minimizing or masking the justice-related impact of class, as do some of Mills's specific discussions of class in various writings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 43.1 (2005) 55-81 [Access article in PDF] Self-Knowledge in Descartes and Malebranche Lawrence Nolan John Whipple 1. Introduction Descartes's notorious claim that mind is better known than body has been the target of repeated criticisms, but none appears more challenging than that of his intellectual heir Nicolas Malebranche.1 Whereas other critics—especially twentieth-century philosophers eager to use Descartes as their whipping boy—have often (...) been uncharitable, Malebranche accepts many of the fundamental Cartesian doctrines, including mind-body dualism. But he argues that Descartes's position on knowledge of the mind is internally inconsistent. Malebranche agrees with Descartes that the existence of the mind is better known than that of body, but he vehemently denies that the nature of the mind is better known. This denial is based on his view that we lack a clear idea of the mind.2 [End Page 55]Malebranche's polemic has attracted much attention in recent scholarship.3 The growing consensus among commentators is that Malebranche develops a devastating internal critique of Descartes's theory of the mind. For example, Nicholas Jolley writes: "In his case for his negative thesis [concerning knowledge of the mind] Malebranche mounted a powerful, even annihilating, critique of Descartes. This critique embodies the remarkable insight that there is a serious muddle at the heart of Descartes's whole theory of knowledge."4 In a book-length defense of Malebranche's critique, Tad Schmaltz also emphasizes its internal character: "the interpretation here of Malebranche's theory presents it as fundamentally Cartesian, and thereby serves to reinforce his own view that he has provided an authoritative interpretation of the account of mind in the writings of Descartes and other Cartesians."5 Schmaltz also asserts: "Malebranche took his negative thesis concerning our knowledge of the soul to involve not so much a rejection of Cartesianism as an internal correction of it."6We think such remarks misstate the case. Indeed, we argue in this paper that Malebranche's polemic fails as an internal critique of Descartes's theory of the mind. Although we do not here aspire to defend Descartes's strong thesis—that mind is better known than body—we do think he can consistently maintain that we have a clear and distinct idea of the mind, and thus that our knowledge of the mind's nature is at least on a par with our knowledge of corporeal nature.7 While Malebranche's rhetoric would encourage us to think that the debate between him and his predecessor is being fought on common or neutral ground, the fact is that Malebranche often appeals to assumptions and aspects of his own theory of "Vision in God" that Descartes would reject. Once more, he interprets Descartes's theory of knowledge in ways that are misguided and sometimes even uncharitable. If Malebranche's critique succeeds at all, it succeeds only against a straw man—Malebranche's Descartes and not the historical figure.Ours is not the first effort to defend Descartes against this particular attack. When Malebranche first published his critique in Book Three of his first great work, The Search After Truth (1674),8 Descartes had been dead for over two decades, [End Page 56] but he was ably defended by the famous Cartesian Antoine Arnauld in On True and False Ideas (1683). In the ensuing debate Arnauld was clearly the superior dialectician, but while winning several tactical points, he appears not to fully appreciate the crux of Malebranche's argument, or at least that is the view of Jolley and Schmaltz.9 We have a somewhat higher opinion of Arnauld's side of the debate. Granted, some of his defenses are facile and can be easily dismissed; others however are quite compelling when properly developed. In at least one instance, we attempt to provide that development. At the same time we think it is a mistake to treat Arnauld as Descartes's surrogate or as if he had issued the final salvo from the camp of the orthodox Cartesians. Arnauld was a... (shrink)

Observers have noted a decline (in the US) in attributions of genetically-based inferiority (e.g. in intelligence) to Blacks, and a rise in attributions of culturally-based inferiority. Is this "culturalism" merely warmed-over racism ("cultural racism") or a genuinely distinct way of thinking about racial groups? The question raises a larger one about the relative place of biology and culture in racist thought. I develop a typology of culturalisms as applied to race: (1) inherentist or essentialist culturalism (inferiorizing cultural characteristics wrongly but (...) intelligibly regarded as inhering in the nature of racial groups). This view has an historical pedigree in the work of J.G. von Herder, and the tradition of "national racism." (2) non-inherentist culturalism (groups regarded as possessing changeable, malleable inferiorizing cultural characteristics). (3) colonalist culturalism (colonial subjects regarded as uncivilized but capable of becoming civilized under European tutelage). (4) neo-racism (cultures of former colonial subjects in or potentially immigrating to European countries are regarded in an inherentist manner and incompatible with but not inferior to European cultures). Non-inherentist culturalism (#2) can be put to either a racist or an anti-racist use. (shrink)

Stereotypes are false or misleading generalizations about groups, generally widely shared in a society, and held in a manner resistant, but not totally, to counterevidence. Stereotypes shape the stereotyper’s perception of stereotyped groups, seeing the stereotypic characteristics when they are not present, and generally homogenizing the group. The association between the group and the given characteristic involved in a stereotype often involves a cognitive investment weaker than that of belief. The cognitive distortions involved in stereotyping lead to various forms of (...) moral distortion, to which moral philosophers have paid insufficient attention. Some of these are common to all stereotypes—failing to see members of the stereotyped groups as individuals, moral distancing, failing to see subgroup diversity within the group. Other moral distortions vary with the stereotype. Some attribute a much more damaging or stigmatizing characteristic (e.g. being violent) than others (e.g. being good at basketball). But the characteristic in question must also be viewed in its wider historical and social context to appreciate its overall negative and positive dimensions. (shrink)

What are the motivational bases that help explain the various normative judgements that social agents make, and the normative reasoning they employ? Answering this question leads us to consider the relationships between thoughts and emotions. Emotions will be described as thought-dependent and thought-directing, and as being intimately related to normativity. They are conceived as the grounds that motivate social agents to articulate their reasoning with respect to the values and norms they face and/or share in their social collective. It is (...) argued that because they are modes of thinking, emotions generate cognitive activities that relate to the making of evaluative and deontic judgements, the utterance of speech acts, the mastering of normative concepts and the building of arguments. Furthermore, each type of emotion generates its own constitutive judgements and structures normative thinking according to its own logic. The main thesis is that emotions provide sociological explanations for social agents’ thinking and speech, for emotions are precisely what motivate and, especially, structure normative reasoning and language. Being observable in language, emotions allow us to explain a) how social subjects reason and argue through norms and values, and b) how social subjects through their speech acts can contribute to the (un-)making of the social world. (shrink)

I argue that Descartes intended the so-called ontological "argument" as a self-validating intuition, rather than as a formal proof. The textual evidence for this view is highly compelling, but the strongest support comes from understanding Descartes's diagnosis for why God's existence is not 'immediately' self-evident to everyone and the method of analysis that he develops for making it self-evident. The larger aim of the paper is to use the ontological argument as a case study of Descartes's nonformalist theory of deduction (...) and his method of analysis, showing how he conceives the latter as a form of philosophical therapy. (shrink)

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

This paper argues that it is morally irresponsible for modern medical providers or health care institutions to support and advocate the integration of CAM practices (i.e. homeopathy, acupuncture, energy healing, etc.) with conventional modern medicine. The results of such practices are not reliable beyond that of placebo. As a corollary, it is argued that prescribing placebos perceived to stand outside the norm of modern medicine is morally inappropriate. Even when such treatments do no direct physical harm, they create unnecessary barriers (...) to patients' informed understanding of their health. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

Intentional explanation, according to Elster, seeks to elucidate an action by showing that it was intentionally conducted, in order to bring about certain goals . Intentional actions furthermore, are rational actions: they imply that agents establish a connection between the goals they target and the means that are appropriate to reach them, by way of different beliefs about the means, the goals and the environment. But how should we understand intentional actions in the light of philosophical research on emotions, rationality, (...) and normativity? This question is the departure point of this article. Various philosophers have analyzed the relationships between rationality and emotion, those between emotion and normativity, and those between emotion and intentional action. Nonetheless, their theses are scattered and do not offer an integrative view on how rationality, normativity and emotions work from the standpoint of intentional explanation. By using de Sousa’s distinction between the epistemic and the strategic modes of rationality as a theoretical framework, this article proposes therefore to remedy this deficit by unifying these philosophical insights with the goal of elaborating a theory of intentional explanation which brings together rationality, normativity and emotions. (shrink)

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...) a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

Qu’est-ce que l’indignation ? Cette émotion est souvent conçue comme une émotion morale qu’une tierce-partie éprouve vis-à-vis des injustices qu’un agent inflige à un patient. L’indignation aurait ainsi trait aux injustices et serait éprouvée par des individus qui n’en seraient eux-mêmes pas victimes. Cette émotion motiverait la tierce-partie indignée à tenter de réguler l’injustice en l’annulant et en punissant son auteur. Cet article entreprend de montrer que cette conception de l’indignation n’est que partielle. En effet, l’indignation ne porte pas que (...) sur les injustices, mais plus généralement sur les torts injustifiés. Ce faisant, l’indignation peut être une émotion morale, mais aussi une émotion conventionnelle ou esthétique. De plus, elle peut être éprouvée par les individus victime des torts : elle n’est pas uniquement éprouvée par des tierces-parties. De la sorte, les individus indignés qui subissent les torts peuvent eux-mêmes chercher à les annuler et à punir leurs auteurs. Puisqu’elle peut être éprouvée tant par des spectateurs que par les personnes qui subissent les torts et qu’elle incline ceux qui l’éprouvent à faire appel à d’autres personnes pour réguler ces torts, l’indignation vécue individuellement est partageable : elle peut devenir une émotion collective jouant un rôle fondamental dans la régulation sociale en contribuant au renforcement de normes sociales existantes ou à l’émergence de nouvelles normes sociales associées aux idées du juste prévalant dans la société considérée. (shrink)

Carl Gillett has defended what he calls the “dimensioned” view of the realization relation, which he contrasts with the traditional “flat” view of realization (2003, 2007; see also Gillett 2002). Intuitively, the dimensioned approach characterizes realization in terms of composition whereas the flat approach views realization in terms of occupiers of functional roles. Elsewhere we have argued that the general view of realization and multiple realization that Gillett advances is not able to discharge the theoretical duties of those relations (Shapiro (...) 2004, unpublished manuscript; Polger 2004, 2007, forthcoming). Here we focus on an internal objection to Gillett’s account and then raise some broader reasons to reject it. (shrink)

Cet article s’intéresse aux émotions dans l’internalisation et l’émergence des normes sociales. Nous y montrons comment les normes sociales ont un impact sur les émotions et comment les émotions ont un impact sur les normes sociales. Pour le faire, trois approches complémentaires mais souvent traitées indépendamment les unes des autres dans la littérature scientifique sont discutées. La première a trait à la façon dont les normes sociales (les normes émotionnelles) régulent les émotions. Cette régulation se comprend comme l’internalisation de la (...) normativité sociale dans les membres d’une société : les normes émotionnelles contribuent à la fabrique des dispositions émotionnelles des membres qui s’ajustent aux normes et aux valeurs valant dans leur société. La deuxième approche a trait au rôle des émotions dans le soutien aux normes sociales. Une fois que l’internalisation des normes et des valeurs est opérée et que les membres ont développé une sensibilité affective aux normes et aux valeurs de leur collectif, les émotions peuvent opérer comme des régulateurs des comportements : les émotions font que les membres se conforment aux normes et aux valeurs. Les normes internalisées suscitent des réactions émotionnelles qui contribuent au maintien de l’ordre normatif. La troisième approche affirme que les émotions contribuent à l’émergence des normes sociales et des valeurs dans une société donnée. En ce sens, les émotions peuvent contribuer à la transformation de l’ordre normatif. Il s’agit donc de la fabrique de la société. (shrink)

On conçoit souvent la jalousie comme une émotion ayant pour objet les relations de proximité (amour, amitié, fratrie, etc.). Elle a généralement mauvaise presse et est typiquement envisagée comme une émotion moralement condamnable, voire comme un vice. Or, la jalousie ne porte pas uniquement sur les relations de proximité : elle peut également porter sur divers biens (prestige, richesses, biens matériels, privilèges, etc.). Par ailleurs, certains auteurs soutiennent que des cas de jalousie pourraient être moralement justifiés, voire que la jalousie (...) pourrait être une vertu. La jalousie paraît également jouer un rôle dans l’institution et le maintien d’institutions visant à perpétuer des inégalités entre les individus jaloux de leurs avantages et ceux qu’ils envisagent comme des concurrents cherchant à les déposséder de leurs biens. De fait, la jalousie paraît utile pour la théorie politique de par les liens qu’elle entretient avec la justice distributive. Cet article propose, dans la première section, une discussion portant sur la nature de la jalousie où elle est contrastée avec l’envie et l’indignation. Dans la seconde section, on se demandera si la jalousie est un vice, ou si elle peut être parfois moralement justifiée, ou même être une vertu. La troisième section traitera les rôles joués par la jalousie collective dans la justice distributive et la fondation et le maintien d’institutions sociales visant à protéger les intérêts des jaloux. Pour le faire, le cas de la jalousie économique, telle que David Hume et Adam Smith la concevaient dans les relations commerciales entre États européens au XVIIIème siècle, est considéré. (shrink)

Solidarity within a group facing adversity exemplifies certain human goods, some instrumental to the goal of mitigating the adversity, some non-instrumental, such as trust, loyalty, and mutual concern. Group identity, shared experience, and shared political commitments are three distinct but often-conflated bases of racial group solidarity. Solidarity groups built around political commitments include members of more than one identity group, even when the political focus is primarily on the justice-related interests of only one identity group (such as African Americans). A (...) solidarity group is more than a mere political coalition or alliance. Two other forms of political- commitment solidarity groups are ones devoted to racial justice more generally, and social justice even more generally. Racially plural political solidarity groups realize values beyond the afore-mentioned solidaristic ones, in meeting the challenges of different races working together. (shrink)

The Russian philosopher Nikolai Onufrievich Lossky adhered to an evolutionary metaphysics of reincarnation according to which the world is constituted of immortal souls or monads, which he calls ‘substantival agents.’ These substantival agents can evolve or devolve depending on the goodness or badness of their behavior. Such evolution requires the possibility for monads to reincarnate into the bodies of creatures of a higher or of a lower level on the scala perfectionis. According to this theory, a substantival agent can evolve (...) by being gradually reincarnated multiple times through a sort of process of metamorphosis from the level of the most elementary particles all the way up to the level of human beings or even higher. In ‘Ученiе Лейбница о перевоплощенiи какъ метаморфозѣ’, Lossky argues that the works of Leibniz contain scattered elements of such a systematic evolutionary doctrine of reincarnation as metamorphosis and he attempts to reconstitute this doctrine. The present article is intended as an historical introduction to the translation of Lossky’s ‘Leibniz’s Doctrine of Reincarnation as Metamorphosis.’. (shrink)

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (shrink)

Neoliberalism is an approach to social policy, now globally influential, that applies market approaches to all aspects of social life, including education. Charter schools, privately operated but publicly funded, are its most prominent manifestation in the U.S. The neoliberal principles of competition, consumerism, and choice cannot serve as foundations of a sound and equitable public education system. Neoliberalism embraces socio-economic inequality overall and in doing so constricts any justice mission its adherents espouse in virtue of serving a relatively disadvantaged student (...) population, as charter schools often (by no means always) do. It constricts educational justice by (1) embracing a “human capital” approach as the primary good of education, (2) creating educational inequality through (unofficially) selecting a relatively advantaged segment of the disadvantaged demographic it serves, (3) denying the effect of poverty on educational performance, and (4) devaluing its students’ familial ethnic cultures. (shrink)

Nicolas Malebranche holds that we see all things in the physical world by means of ideas in God (the doctrine of "vision in God"). In some writings he seems to posit ideas of particular bodies in God, but when pressed by critics he insists that there is only one general idea of extension, which he calls “intelligible extension.” But how can this general and “pure” idea represent particular sensible objects? I develop systematic solutions to this and two other putative difficulties (...) with Malebranche’s theory of sensory cognition by appealing to the notion of “seeing as” and to his doctrine that ideas in God have causal powers to affect the mind. (shrink)

Strange Fruit is an exemplary study of the question of the integration of West Indians of immigrant origin living in England in the 1980s. Through this play structured in three acts, Caryl Phillips offers the reader-viewer privileged access to the inner world of a West Indian family living in a deprived London neighborhood. At the heart of this intimate drama with tragic overtones, there is a cultural conflict between two successive generations of immigrants. Philosophical and existential issues are deftly treated (...) in a psychoanalytical perspective. (shrink)

When developing phylogenetic systematics, the entomologist Willi Hennig adopted elements from Nicolai Hartmann’s ontology. In this historical essay I take on the task of documenting this adoption. I argue that in order to build a metaphysical foundation for phylogenetic systematics, Hennig adopted from Hartmann four main metaphysical theses. These are (1) that what is real is what is temporal; (2) that the criterion of individuality is to have duration; (3) that species are supra-individuals; and (4) that there are levels of (...) reality, each of which may be subject to different kinds of law. Reliance on Hartmann’s metaphysics allowed Hennig to ground some of the main theoretical principles of phylogenetic systematics, namely that the biological categories—from the semaphoront to the highest rank—have reality and individuality despite not being universals, and that they form a hierarchy of levels, each of which may require different kinds of explanation. Hartmann’s metaphysics thereby provided a philosophical justification for Hennig’s phylogenetic systematics, both as a theory and as a method of classification. (shrink)

Before the Darwinian revolution species were thought to be universals. Since then, numerous attempts have been made to propose new definitions. The twentieth-century German philosopher Nicolai Hartmann defined 'species' as an individual system of processes and a process of life of a higher-order. To provide a clear understanding of Hartmann's conception of species, I first present his method of definition. Then I look at Hartmann's Philosophie der Natur (1950) to present his concepts of "organism" and "species." And I end the (...) paper by pointing out two possible systematic inconsistencies. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

Successful athletic performance requires precision in many respects. A batter stands behind home plate awaiting the arrival of a ball that is less than three inches in diameter and moving close to 100 mph. His goal is to hit it with a ba­­t that is also less than three inches in diameter. This impressive feat requires extraordinary temporal and spatial coordination. The sweet spot of the bat must be at the same place, at the same time, as the ball. A (...) basketball player must keep a ball bouncing as she speeds from one end of the court to another, evading defensive players. She may never break pace as she lifts from the ground, throwing the ball fifteen feet toward a hoop that is eighteen inches in diameter. One task facing a psychologist involves explaining how the body does such things within the sometimes very demanding spatial and temporal constraints that a given task imposes. Part of the goal of this chapter is to sketch the commitments of an embodied approach to such an explanation. We shall see that an embodied account of motor skills draws concepts that depart radically from more traditional cognitivist theories of motor activity. Similarly, because an embodied approach to cognition introduces new ways to understand the human capacity for social interaction, it also promises to shed new light on how athletes coordinate their actions with each other. (shrink)

Frege says, at the end of a discussion of formalism in the Foundations of Arithmetic, that his own foundational program “could be called formal” but is “completely different” from the view he has just criticized. This essay examines Frege’s relationship to Hermann Hankel, his main formalist interlocutor in the Foundations, in order to make sense of these claims. The investigation reveals a surprising result: Frege’s foundational program actually has quite a lot in common with Hankel’s. This undercuts Frege’s claim that (...) his own view is completely different from Hankel’s formalism, and motivates a closer examination of where the differences lie. On the interpretation offered here, Frege shares important parts of the formalist perspective, but differs in recognizing a kind of content for arithmetical terms which can only be made available via proof from prior postulates. (shrink)

This paper focuses on the conception of an endogenous aesthetic matrix in the Caribbean and the Americas within a decolonial perspective.

The Many Gods Objection (MGO) is widely viewed as a decisive criticism of Pascal’s Wager. By introducing a plurality of hypotheses with infinite expected utility into the decision matrix, the wagerer is left without adequate grounds to decide between them. However, some have attempted to rebut this objection by employing various criteria drawn from the theological tradition. Unfortunately, such defenses do little good for an argument that is supposed to be an apologetic aimed at atheists and agnostics. The purpose of (...) this paper is to offer a defensive strategy of a different sort, one more suited to the Wager’s apologetic aim and status as a decision under ignorance. Instead of turning to criteria independent of the Wager, it will be shown that there are characteristics already built into its decision theoretic structure that can be used to block many categories of theological hypotheses including MGO’s more outrageous “cooked-up” hypotheses and “philosophers’ fictions”. -/- Please note that there are editorial errors in the published version. They have been corrected in the attached. (shrink)

Nichols’s view of empathy (in Sentimental Rules) in light of experimental moral psychology suffers from several deficiencies: (1) It operates with an impoverished view of the altruistic emotions (empathy, sympathy, concern, compassion, etc.) as mere short-term, affective states of mind, lacking any essential connection to intentionality, perception, cognition, and expressiveness. (2) It fails to keep in focus the moral distinction between two very different kinds of emotional response to the distress and suffering of others—other-directed, altruistic, emotions that have moral value, (...) and self-directed emotional responses, such as personal distress, that do not. (3) Nichols is correct to see morality as requiring affectivity, and the capability of emotional response to others; but his incorrect view of altruistic emotions (and of emotions in general) leads him to misstate the connection between morality and emotion. (4) Nichols’s specific attempt to ground moral judgment in emotion fails, but the argument he provides for it is part of the explanation of point (2), his failure to sustain the distinction between egoistic and altruistic emotions. (5) Without in any way denying that moral philosophy is strengthened by knowledge of empirical psychology, I suggest that the foregoing failures of Nichols’s argument are partly due to his misuse of particular empirical results and findings, and possibly in part to a weakened commitment to the distinctive contribution the humanistic methods of philosophy make to our understanding of the moral dimension of life. (shrink)