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)

During the Standing Rock protests in North Dakota, USA/Turtle Island, a group of military veterans knelt in front of Oceti Sakowin Elders asking forgiveness for centuries of settler colonial military ventures in Oceti Sakowin Territory. Leonard Crow Dog forgave them and immediately demanded respect for Native Nations throughout the U.S. Lacking such respect, he said, Native people will cease paying taxes. Crow Dog’s post-forgiveness remarks speak to the political context of the military veterans’ request: They seek collective forgiveness amidst ongoing (...) occupation and harms committed by the collective they represent. In this chapter, I examine this case study and argue that ongoing harm undermines requests for forgiveness on behalf of collectives. I look to the work of Glen Coultard, Waziyatawin, and Leanne Simpson to consider what a responsible request for collective forgiveness would entail. (shrink)

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.".

I assess a number of connected ideas about temporal experience that are introspectively plausible, but which I believe can be argued to be incorrect. These include the idea that temporal experiences are extended experiential processes, that they have an internal structure that in some way mirrors the structure of the apparent events they present, and the idea that time in experience is in some way represented by time itself. I explain how these ideas can be developed into more sharply defined (...) views, and then argue that these views are inconsistent with certain empirical facts about how time is represented in the brain. These facts instead support a kind of atomic view, on which temporal experiences are temporally unstructured atoms. (shrink)

This essay draws on the work of Jacques Derrida and Angela Y. Davis towards a philosophical resistance to the death penalty in the U.S. I find promise in Derrida’s claim that resistance to the death penalty ought to contest a political structure that founds itself on having the power to decide life and death, but I move beyond Derrida’s desire to consider the abolition of the death penalty without engaging with the particular histories and geographies of European colonialism. I offer (...) a critique of Derrida’s recently published work on the death penalty by engaging with the work of Davis and argue that discussions of state violence in nations that inherit European forms of sovereignty must take seriously the racist violence on which those sovereign powers rely. (shrink)

I give an account of the difference between "Holistic" and "Atomistic" views of conscious experience. On the Holistic view, we enjoy a unified "field" of awareness, whose parts are mere modifications of the whole, and therefore owe their existence to the whole. There is some tendency to saddle those who reject the Holistic field model with a (perhaps) implausible "building block" view. I distinguish a number of different theses about the parts of an experience that are suggested by the "building (...) block" metaphor, but which can be rejected by those who also reject the holistic field view. (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 X is 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, which would prohibit, 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)

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)

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)

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)

Recently some philosophers have defended the thesis that naturalness, or joint-carvingness, is an aim of belief. This paper argues that there is an important class of counterexamples to this thesis. In particular, it is argued that naturalness is not an aim of our beliefs concerning what is joint carving and what is not.

I offer some responses to Prosser’s ‘Experiencing Time’, one of whose goals is to debunk a view of temporal experience somewhat prevalent in the metaphysics literature, which I call ‘Perceptualism’. According to Perceptualism: it is part of the content of perceptual experience that time passes in a metaphysically strong sense: the present has a metaphysically privileged status, and time passes in virtue of changes in which events this ‘objective present’ highlights, and moreover this gives us evidence in favor of strong (...) passage. Prosser argues that perception cannot be sensitive to whether the strong passage obtains, and therefore cannot represent strong passage in a way that gives us evidence of its truth. Although I accept this conclusion, I argue that Prosser’s argument for it is problematic. It threatens to over-generalize to rule out uncontroversial cases of perceptual knowledge, such as our knowledge that we live in a spatial world. Furthermore, a successful argument ruling out perceptual evidence for strong passage would have to give constraints on the theory/observation distinction of a kind not provided by Prosser’s discussion. I also comment on several other parts of the book. (shrink)

In the last century, philosophers turned their attention to language. One place they have looked for clues about its nature is Plato’s Cratylus, which considers whether names are naturally or conventionally correct. The dialogue is a source of annoyance to many commentators because it does not take a clear position on the central question. At times, it argues that language is conventional, and, at other times, defends the view that language is natural. This lack of commitment has led to a (...) longstanding dispute over the outcome of the dialogue. I argue that the Cratylus provides no clear resolution to this problem because it presupposes certain unexamined metaphysical commitments about the nature of reality, which are in need of thorough investigation. (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)

What is the connection between having a phenomenal property and knowing that one has that property? A traditional view on the matter takes the connection to be quite intimate. Whenever one has a phenomenal property, one knows that one does. Recently most authors have denied this traditional view. The goal of this paper is to defend the traditional view. In fact, I will defend something much stronger: I will argue that what it is for a property to be phenomenal is (...) for it to be a property one must know oneself to have when on has it. As we will see, this theory has a number of surprising and welcome upshots, suggesting that the traditional view has been unjustly maligned. (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)

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)

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)

The principle of sufficient reason threatens modal collapse. Some have suggested that by appealing to the indefinite extensibility of contingent truth, the threat is neutralized. This paper argues that this is not so. If the indefinite extensibility of contingent truth is developed in an analogous fashion to the most promising models of the indefinite extensibility of the concept set, plausible principles permit the derivation of modal collapse.

In this essay I take up Plato’s critique of poetry, which has little to do with epistemology and representational imitation, but rather the powerful effects that poeticperformances can have on audiences, enthralling them with vivid image-worlds and blocking the powers of critical reflection. By focusing on the perceived psychological dangers of poetry in performance and reception, I want to suggest that Plato’s critique was caught up in the larger story of momentous shifts in the Greek world, turning on the rise (...) of literacy and its far-reaching effects in modifying the original and persisting oral character of Greek culture. The story of Plato’s Republic in certain ways suggests something essential for comprehending the development of philosophy in Greece (and in any culture, I would add): that philosophy, as we understand it, would not have been possible apart from the skills and mental transformations stemming from education in reading and writing; and that primary features of oral language and practice were a significant barrier to the development of philosophical rationality (and also a worthy competitor for cultural status and authority). Accordingly, I go on to argue that the critique of writing in the Phaedrus is neither a defense or orality per se, nor a dismissal of writing, but rather a defense of a literate soul over against orality and the indiscriminate exposure of written texts to unworthy readers. (shrink)

In two rarely discussed passages – from unpublished notes on the Principles of Philosophy and a 1647 letter to Chanut – Descartes argues that the question of the infinite extension of space is importantly different from the infinity of time. In both passages, he is anxious to block the application of his well-known argument for the indefinite extension of space to time, in order to avoid the theologically problematic implication that the world has no beginning. Descartes concedes that we always (...) imagine an earlier time in which God might have created the world if he had wanted, but insists that this imaginary earlier existence of the world is not connected to its actual duration in the way that the indefinite extension of space is connected to the actual extension of the world. This paper considers whether Descartes’s metaphysics can sustain this asymmetrical attitude towards infinite space vs. time. I first consider Descartes’s relation to the ‘imaginary’ space/time tradition that extended from the late scholastics through Gassendi and More. I next examine carefully Descartes’s main argument for the indefinite extension of space and explain why it does not apply to time. Most crucially, since duration is merely conceptually distinct from enduring substance, the end or beginning of the world entails the end or beginning of real time. In contrast, extension does not depend on any enduring substance besides itself. (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)

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)

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)

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)

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)

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)

It is often said in physics that if two models of a theory are related by a symmetry, then the two models provide (or could provide) two different representations of the very same situation, alike the case of two maps of different color for the very same city. It is also said that the situations represented by two models of a theory are indiscernible in some ways when the models in question are related by a symmetry of the theory, just (...) like the situation in the interior of the cabin of a train when the train is at rest in the station is empirically indiscernible from the situation in the interior when the train is moving uniformly (in classical mechanics, these two situations are represented by two models related by a boost). In recent years, philosophers of physics have focused a lot of attention in developing various principles that aim to elucidate these and similar remarks on symmetries, models, physical equivalence, and representation that are widespread in physics practice. The goal of the current article is to provide a critical review of these principles, and suggest a new framework for thinking about these kinds of questions. One important upshot of the paper is that questions of indiscernibility, and questions of the representational capacity of models, must be distinguished from one another. (shrink)

Is it possible to recognize the limits of rationality, and thus to embrace moral pluralism, without embracing moral relativism? My answer is yes; nevertheless, certain anti-foundational positions, both recent and ancient, take a cynical stance toward the possibility of any critical moral judgment, and as such, must be regarded as relativistic.1 It is such cynicism, I argue, whether openly announced or unknowingly implied, that marks the distinction between relativism and pluralism.2 The danger of this cynicism is not so much that (...) it renders the categorical acceptance of a particular moral view unattainable, but that it renders categorical condemnation of any particular position (or action) impossible.3 Two .. (shrink)

This chapter examines the nature and normative significance of taxation. In particular, it identifies and explores two central normative questions: (1) What tax arrangements should a state or society put into place? (2) How should a citizen or taxpayer relate to an existing system? In thinking through these and relate questions, the discussion also critically engages with the broadly Rawlsian view of taxation defended by Murphy and Nagel in The Myth of Ownership.

This article seeks to re-conceptualize Rawlsian public reason as a critical tool against ideological propaganda. The article proposes that public reason, as a standard for public discourse, must be conceptualized beyond its mandate for comprehensive neutrality to additionally emphasize critique of ideologically driven ignorance and propaganda in the public realm. I connect uncritical hospitality to such ideological propaganda with Harry Frankfurt’s concept of bullshit. This paper proposes that philosophers have a unique moral obligation to engage bullshit critically in the public (...) sphere. The obligation for such critique, I argue, represents philosophy’s essential moral component in a society committed to the protection of free speech and deliberative democracy. (shrink)

The articles that comprise this special issue of Intellectual History Review are briefly described.