This article tackles the sole surviving ancient commentary on what was perhaps the second most important Platonic work, with special interest for the manner in which the ancients tackled the setting of Plato's dialogues, Socratic ignorance, Socratic eros, the central myth-like Palinode, and the question of oral as against written teaching.

31 chapters covering the Old Academy to Late Antiquity. See attached TOC.

This volume, a lightly-edited version of Professor Samuel Scolnicov’s 1974 Ph.D. thesis, is a fitting tribute to his impressive career. It will perhaps be most useful for those interested in better understanding Scolnicov’s work and his views on Plato as a whole, not least for the comprehensive list of his publications that requires a full twelve pages of print. Scholars with an interest in Plato’s method of hypothesis will also find some useful remarks on key passages in the Meno, Phaedo, (...) and Republic as well as on Greek mathematical analysis.Illuminating other aspects of Scolnicov’s work is clearly part of the intention behind enabling broader access to this study. As Harold Tarrant notes in his introduction... (shrink)

The Protein Ontology (PRO; http://proconsortium.org) formally defines protein entities and explicitly represents their major forms and interrelations. Protein entities represented in PRO corresponding to single amino acid chains are categorized by level of specificity into family, gene, sequence and modification metaclasses, and there is a separate metaclass for protein complexes. All metaclasses also have organism-specific derivatives. PRO complements established sequence databases such as UniProtKB, and interoperates with other biomedical and biological ontologies such as the Gene Ontology (GO). PRO relates to (...) UniProtKB in that PRO’s organism-specific classes of proteins encoded by a specific gene correspond to entities documented in UniProtKB entries. PRO relates to the GO in that PRO’s representations of organism-specific protein complexes are subclasses of the organism-agnostic protein complex terms in the GO Cellular Component Ontology. The past few years have seen growth and changes to the PRO, as well as new points of access to the data and new applications of PRO in immunology and proteomics. Here we describe some of these developments. (shrink)

Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...) and other signs in communication. -/- Pragmatics recognizes that speaker meaning can differ from (and even contradict) linguistic meaning, including the literal meaning of text. In its proper context, for example, “Bob is indeed a good lawyer” can ironically mean just the opposite. Pragmatics also recognizes that relevant text is not a thing-in-itself that is simply given. Good lawyers look at such things as purpose and cohesion when determining relevant text. They do not simply take their opponent’s (or even their client’s) assertions of relevance. -/- Pragmatics also provides lawyers with a number of specific concepts and tools which are helpful in determining speaker meaning. For user convenience, this article attempts to set out in one place a number of such concepts and tools. These include: (1) types of cohesion that help determine relevant text, (2) types of context that help determine meaning, (3) pragmatic principles of construction such as principles of relevance and politeness, and (4) important pragmatic notions or devices such as anaphora, cataphora, ellipsis, deixis, presupposition, unstated premises, entailment, and implementives. -/- Finally, as a recurring example (among others) of pragmatics in action, this article examines from multiple perspectives textual issues raised in King v. Burwell, 576 U.S. __ (2015). -/- Keywords: Pragmatics, Semiotics, Interpretation, Textualism, Plain Meaning, King v. Burwell, Affordable Care Act, Text, Meaning, Speaker Meaning, Implicature. (shrink)

This paper considers two reasons that might support Russell’s choice of a ramified-type theory over a simple-type theory. The first reason is the existence of purported paradoxes that can be formulated in any simple-type language, including an argument that Russell considered in 1903. These arguments depend on certain converse-compositional principles. When we take account of Russell’s doctrine that a propositional function is not a constituent of its values, these principles turn out to be too implausible to make these arguments troubling. (...) The second reason is conditional on a substitutional interpretation of quantification over types other than that of individuals. This reason stands up to investigation: a simple-type language will not sustain such an interpretation, but a ramified-type language will. And there is evidence that Russell was tacitly inclined towards such an interpretation. A strong construal of that interpretation opens a way to make sense of Russell’s simultaneous repudiation of propositions and his willingness to quantify over them. But that way runs into trouble with Russell’s commitment to the finitude of human understanding. (shrink)

In this essay I argue that if Kantian and consequentialist ethical theories are vulnerable to the so-called “problem of alienation,” a virtue ethics based on Xunzi’s ethical writings will also be vulnerable to this problem. I outline the problem of alienation, and then show that the role of ritual ( li ) in Xunzi’s theory renders his view susceptible to the problem as it has been traditionally understood. I consider some replies on Xunzi’s behalf, and also discuss whether the problem (...) affects other Confucian and eudaimonian approaches to virtue ethics. I close by considering some solutions to the problem and the affect that this result has on the argumentative dialectic between the three major ethical traditions. (shrink)

Where AR is the set of arithmetic Turing degrees, 0 (ω ) is the least member of { $\mathbf{\alpha}^{(2)}|\mathbf{a}$ is an upper bound on AR}. This situation is quite different if we examine HYP, the set of hyperarithmetic degrees. We shall prove (Corollary 1) that there is an a, an upper bound on HYP, whose hyperjump is the degree of Kleene's O. This paper generalizes this example, using an iteration of the jump operation into the transfinite which is based on (...) results of Jensen and is detailed in [3] and [4]. In $\S1$ we review the basic definitions from [3] which are needed to state the general results. (shrink)

Discerning the decisionmaking of Kim Jong-Un and the North Korean regime on issues of peaceful engagement and warlike actions endures as a mighty challenge for U.S. intelligence analysts and policymakers. In this report, we seek to inform analysis of Democratic People’s Republic of Korea (DPRK) leadership decisionmaking. To do so, we use three discussion papers that were written to facilitate discussion of an interagency working group. The three papers are assembled here in a single report. The first discussion paper describes (...) decisionmaking among different authoritarian regimes, including North Korea, and the opening up of those economies to outside engagement. The second paper outlines two different scenarios that might occur when conventional deterrence on the Korean Peninsula breaks down and the resulting decisions that North Korea’s leadership could face. The third paper assesses DPRK decisionmaking about nuclear weapon use. The report concludes with some observations, drawn from the issues covered in these three discussion papers, about DPRK decisionmaking and stability on the Korean Peninsula. (shrink)

Shakespeare's works present intriguing explorations of law and legal theory. They help demonstrate the flaws in command-theory positivism, natural law theory and prediction theory accounts of the law. This is a simultaneously-published abbreviated version of a longer article published in Acta Iuridica Olomucensia in 2010.

Ancient Chinese and Greek thinkers alike were preoccupied with the moral value of music; they distinguished between good and bad music by looking at the music’s effect on moral character. The idea can be understood in terms of two closely related questions. Does music have the power to affect the ethical character of either listener or performer? If it does, is it better as music for doing so? I argue that an affirmative answers to both questions are more plausible than (...) it might seem at first. (shrink)

Where $\underline{a}$ is a Turing degree and ξ is an ordinal $ , the result of performing ξ jumps on $\underline{a},\underline{a}^{(\xi)}$ , is defined set-theoretically, using Jensen's fine-structure results. This operation appears to be the natural extension through $(\aleph_1)^{L^\underline{a}}$ of the ordinary jump operations. We describe this operation in more degree-theoretic terms, examine how much of it could be defined in degree-theoretic terms and compare it to the single jump operation.

Immoralists hold that in at least some cases, moral fl aws in artworks can increase their aesthetic value. They deny what I call the valence constraint: the view that any effect that an artwork’s moral value has on its aesthetic merit must have the same valence. The immoralist offers three arguments against the valence constraint. In this paper I argue that these arguments fail, and that this failure reveals something deep and interesting about the relationship between cognitive and moral value. (...) In the fi nal section I offer a positive argument for the valence constraint. (shrink)

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)

From the mid-1960s until the late 1980s, the well-known general philosophies of science of the time were applied to economics. The result was disappointing: none seemed to fit. This paper argues that this is due to a special feature of economics: it possesses ‘orientational paradigms’ in high number. Orientational paradigms are similar to Kuhn’s paradigms in that they are shared across scientific communities, but dissimilar to Kuhn’s paradigms in that they are not generally accepted as valid guidelines for further research. (...) As will be shown by several examples, orientational paradigms provide economics with common points of reference that support its epistemic coherence and make scientific discourse more easily possible across school boundaries. With the help of systematicity theory, a newer general philosophy of science, one can further elucidate the role of orientational paradigms with regard to scientific progress. (shrink)

In recent years it has become more and more difficult to distinguish between metaethical cognitivism and non-cognitivism. For example, proponents of the minimalist theory of truth hold that moral claims need not express beliefs in order to be (minimally) truth-apt, and yet some of these proponents still reject the traditional cognitivist analysis of moral language and thought. Thus, the dispute in metaethics between cognitivists and non-cognitivists has come to be seen as a dispute over the correct way to characterize our (...) psychology: are moral judgments beliefs, or a kind of pro-attitude? In this paper, I argue that this distinction, too, is difficult to maintain in the light of a reasonable skepticism about folk psychology. I conclude by suggesting some new possibilities for the analysis of moral language that look beyond this distinction. I begin by briefly reviewing some contemporary positions in metaethics on cognitivism and non-cognitivism, that are intended to emphasize the supposed psychological differences between the two views. I show that the appearance of a clear difference between these views depends on one's having a very strong commitment to the context-independence and completeness of certain concepts of folk psychology. I then argue for a moderate skepticism about folk psychology. I conclude that folk concepts like ?belief? are not sufficiently well-defined to settle this metaethical dispute. (shrink)

I explore the claim that “fictive imagining” – imagining what it is like to be a character – can be morally dangerous. In particular, I consider the controversy over William Styron’s imagining the revolutionary protagonist in his Confessions of Nat Turner. I employ Ted Cohen’s model of fictive imagining to argue, following a generally Kantian line of thought, that fictive imagining can be dangerous if one has the wrong motives. After considering several possible motives, I argue that only internally directed (...) motives can satisfy the moral concern. Finally, I suggest that when one has the right motives, fictive imagining is morally praiseworthy since it improves one’s ability to imagine the lives of others. (shrink)

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues with two professor (...) types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

Some films scare us; some make us cry; some thrill us. Some of the most interesting films, however, leave us suspended between feelings – both joyous and sad, or angry and serene. This paper attempts to explain how this can happen and why it is important. I look closely at one film that creates and exploits these conflicted responses. I argue that cases of conflict in film illuminate a pair of vexing questions about emotion in film: (1) To what extent (...) are emotional responses rational, or in need of rationalization?; and (2) What relationship is there between emotional response and value (moral, filmic, or otherwise)? Conflict, I argue, can be revealing, and can help us better understand emotional responses to narrative film1 in general. The paper is divided into four sections. First, I sketch a theory of emotional engagement that makes sense of the notion of a “conflicted emotional response” to a film. Second, I turn to a particular case of a film that produces this sort of conflict, Fritz Lang’s M (1931), and show that the conflict engendered by that film is both more significant and less unusual than it may appear. In the final two sections, I argue that there is no need to rationalize or make consistent such mixed emotional responses, and that there is real moral, aesthetic, and cognitive value to be had from such conflict. (shrink)

In this chapter, which is purely exegetical, I suggest that close attention to the legacy of Anscombe’s mentor Wittgenstein can shed some unaccustomed light both on the idiosyncratic form of inquiry in her book Intention and on some of the particular conclusions found in that book. In the first part, I point to a methodological parallel between Wittgenstein’s post-1945 investigations into the nature of everyday psychological concepts and Anscombe’s treatment of the concept of intention. In the second part, the Wittgensteinian (...) provenance of Anscombe’s logical category ‘knowledge without observation’ is exhibited, and her extension of what falls under this form of knowledge (from Wittgenstein’s case of knowing the arrangement of one’s limbs, to matters concerning intention as well) is outlined. This extension will require a twist in how the intentional form of such knowledge is regarded as corrigible. Finally, I identify the odd form of knowledge just explicated with ‘practical knowledge’ as Anscombe sees it, and try to show that some puzzles revolving around her invocation of Theophrastus’ principle and Aquinas’ view of the causal power of practical knowledge may be resolved thereby. (shrink)

Two slogans define structuralism: contemporary mathematics studies structures; mathematical objects are places in those structures. Shapiro’s version of structuralism posits abstract objects of three sorts. A system is “a collection of objects with certain relations” between these objects. “An extended family is a system of people with blood and marital relationships.” A baseball defense, e.g., the Yankee’s defense in the first game of the 1999 World Series, is a also a system, “a collection of people with on-field spatial and ‘defensive-role’ (...) relations”. “A structure is the abstract form of a system” ; it consists of “a collection of places [sometimes called positions or offices] and a finite collection of functions and relations on these places”. (shrink)

Langdellian “science” and its “formalism” ignore ways form permits and even creates freedom of choice. For example, as Wordsworth notes, though the weaver is restricted by what his form of loom can weave, the weaver may nonetheless choose what and how he weaves. Furthermore, the loom creates weaving possibilities that do not exist without it. Such freedom alongside form is often lost on lawyers, judges, and teachers trained primarily in Langdellian redacted appellate cases where “facts” and other framed matters often (...) wrongly appear as simply given. Similarly, in the context of their redacted appellate cases, many current students may only see constraint in IRAC (Issue-Rule-Application-Conclusion) and other thought forms rather than the fastidious freedoms such forms both provide and create. -/- Overlooking such freedoms is not only misleading in itself. It also misses the need to study how such freedoms are and should be exercised. When facts are simply presented as “given” and strategic and other choices go unrecorded and unnoticed in redacted appellate opinions, no thorough analysis of these overlooked subjects can occur. This is extremely troubling since such overlooked subjects are at the very heart of the lawyer’s craft. -/- Attempting to remedy such Langdellian shortcomings, this article explores, among other things, five basic levels of thought and the framing choices in such levels of thought: references, issues, rules, application of rules, and conclusions. Though often merely taken as “given” in redacted appellate opinions, a good grasp of reference assures that parties are in fact talking about the same matter or matters (the “reference”). It also increases the likelihood of ascertaining and properly framing all the relevant “facts” in a manner reasonably and ethically consistent with a client’s real interests. Similarly, focusing on flexibility of issue framing both brings necessary focus on what is important in the reference and, to the extent reasonable and ethical, again increases the likelihood of frames most consistent with a client’s real interests. A good grasp of applicable rules and how to frame and apply them on its face increases the likelihood of representing a client well. A good grasp of conclusions and how to frame and hedge them also does the same. -/- Grasping the multilevel complexities in play at these multiple levels pushes us beyond briefing redacted appellate cases to the much more difficult and stimulating work of exploring and teaching good legal thought at all its levels. Legal writing professors are pioneers in this regard and others in the academy can learn much from them. -/- Keywords: RIRAC, IRAC, CREAC, Reference, Issue, Analysis, Rule, Application, Conclusion, Frame, Framing, Metaphor, Concept, Category, Legal Thought, Legal Analysis, Rhetoric, Langdell, Wordsworth, Form, Formalism, Sonnet, Text. (shrink)

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in common (...) with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...) a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...) of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, original meaning, travel ban, Trump, textualism. (shrink)

Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively become (...) the speakers in ordinary speech (since reader or audience meaning prevails), and audiences (and thus the ruled) effectively become the rulers when interpreting law (since audiences’ meaning prevails). -/- Second, since laws look forward to govern conduct, how can best legal practices keep such a backward focus? -/- Third, words (however understood by others at the time “originally” uttered) may or may not (depending on speaker and not reader meaning) signify concepts whose meanings embrace change over time. For example, the word “planet” used by a speaker before the discovery of Uranus and Neptune may or may not include further planets depending upon what the speaker meant by “planet.” (The same applies to the inclusion or exclusion of Pluto had the speaker used the word “planet” after the discovery of Pluto but before its exclusion by current science.) Unlike the “reasonable” reader of Gorsuch’s Originalism as phrased above, speakers run the gamut from reasonable to unreasonable, from informed to uninformed, and from thoughtful to thoughtless. -/- Fourth, to the extent a judge is principally “constrained” by a text or texts (as he may determine), by dictionaries that he chooses, and by “history” as the judge understands it, isn’t judicial activism encouraged rather than restrained? Talk of a “reasonable” reader masks the fact that there can be multiple “reasonable” conclusions of what a reasonable or unreasonable speaker meant. Is a judge not therefore left to pick definitions and applications of terms that accord with the judge’s understandings of history, understandings that may well be colored by the judge’s politics and judicial philosophy? This applies to principles as well as labels for things. Principles are also subject to multiple frames, and their terms are subject to multiple definitions therefore raising the very same questions just raised above. -/- Finally, such Originalism doesn’t merely fail with legal texts. It also fails when applied to other texts (including sacred texts such as the Ten Commandments) and when used to interpret art (such as “Landscape with the Fall of Icarus” often attributed to Bruegel and which inspired such great ekphrasis as Auden’s “Musée Des Beaux Arts”). These further failures underscore the dysfunction of Originalism in Gorsuch's form noted above. -/- Keywords: Originalism, Neil Gorsuch, Text, Textualism, Scalia, Interpretation, Pragmatics, Speaker Meaning, Art, Painting, Bruegel, Auden, Ekphrasis, Icarus, Bible, Ten Commandments, Herod, Declaration of Independence, Abraham Lincoln. (shrink)

This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice Scalia claims in itself justifies Originalism. Queen Anne may have told Sir Christopher Wren that St. Paul's Cathedral was "awful, artificial, and amusing" at a time when those words meant "awe-inspiring, highly artistic, and thought-provoking." Conceding that one must understand how Queen Anne (...) meant these terms, this article shows how this example actually undermines Originalism when applied to on-going rules. It also explores inconsistencies and problems with several definitions of Originalism including Justice Scalia's arbitrary exclusion of technology from the constraints of "original meaning." It further disputes his claim that Originalism ". . .will narrow the range of acceptable judicial decision-making and acceptable argumentation [and that it] will curb -- even reverse -- the tendency of judges to imbue authoritative texts with their own policy preferences." This article maintains that Originalism has the opposite effect. -/- Keywords: originalism, original meaning, Scalia, interpretation, meaning. (shrink)

This article briefly addresses the following questions: Why should we study narrative? Does narrative have a basic overarching form or forms? How does framing drive narrative? How do concepts drive narrative? What can we do when we lack the necessary concepts for the narrative we need to tell? Are there basic storylines that repeat? Are there basic character types that we reuse? Can narrative drive the results of a Supreme Court case? Can narrative drive transactional practice? How does narrative's importance (...) underscore the importance of an education in the humanities? (shrink)

Psychopaths are the bugbears of moral philosophy. They are often used as examples of perfectly rational people who are nonetheless willing to do great moral wrong without regret; hence the disorder has received the epithet “moral insanity” (Pritchard 1835). But whereas philosophers have had a great deal to say about psychopaths’ glaring and often horrifying lack of moral conscience, their aesthetic capacities have received hardly any attention, and are generally assumed to be intact or even enhanced. Popular culture often portrays (...) psychopaths in ways that suggest a great gap between their amorality and their aesthetic sensitivity. In The Silence of the Lambs (Jonathan Demme, 1991), Hannibal Lecter appreciates fine art, fashion, and wine, while he eats his way through his enemies. His real-life counterparts, however, do not demonstrate the same sensitivities. There is no evidence that psychopaths are capable of real aesthetic appreciation, and some evidence that they are not. In this paper, we set out the limited evidence for the psychopath’s deficient aesthetic sensitivity. The best explanations of what the psychopath lacks turn out to implicate abilities that are also thought to be central to moral thought and action: an impaired capacity for empathizing with others and deficient ability to take a disinterested attitude towards things (socalled distance). We endorse the latter explanation. Thinking about what underlies the psychopath’s deficient aesthetic understanding turns out to throw light on a difficult problem: the connection between ethics and aesthetics. (shrink)

The struggle for domination clearly persists in The Homecoming as it does in almost all of Pinter’s works. Because of the vague atmosphere, enigmatic characters, and dark, tragicomic dialogue and action, a single decisive meaning for the play cannot be identified. Many character analyses have been carried out on the play, frequently focusing on Ruth and her decision at the end. Moreover, critics have sought to read the play in the light of psychoanalysis, centering on the characters’ past and complexes. (...) By adding a sociopolitical dimension to purely realistic or symbolic readings, this article attempts to analyze the relationships of domination and servitude between characters at the micro-level of the family structure through Marx’s notions of fetishism in relations between individuals, and commodity fetishism as expounded by Slavoj Žižek. With the help of Žižek’s ideas on ideology, a new layer of sociopolitical signification to the relationships held between characters is added, particularly that between Ruth and the men, which is seen as a parallel to the macro-level fetishized relationships in pre-capitalist societies and commodity fetishism in a capitalist one. (shrink)

The theoretical underpinnings and practical worth of content-based, intentional, or "folk" psychology have been challenged by three distinct groups of philosophical critics in the past 15 years or so. The first group, comprised by Hilary Putnam, Tyler Burge, and other advocates of "wide" or "externalist" theories of meaning, claims that traditional psychologists have been mistaken in assuming that our beliefs, desires, and other content-laden states supervene on or inhere in our individual minds or brains. The other two groups are both (...) "eliminative materialists," who charge that the intentional approach is inadequate and that it can or will be replaced by a completely non-interpretive discipline: either neuropsychology, in the view of Patricia and Paul Churchland, or a strictly syntactic computational psychology, according to Stephen Stich. ;This dissertation defends "notional world" or narrow intentional psychology against these charges, primarily on the strength of its practical merits, in contrast to the limitations and adverse effects of the proposed alternatives. Psychology is at least partly an applied science with a mandate to help understand and treat concrete psychological problems such as Post Traumatic Stress Disorder and depression, I argue, so any theorist who proposes to reconfigure or phase out existing approaches must be prepared to take over these duties with at least equal facility. However, whereas various "narrow" schools of psychotherapy such as Cognitive Therapy are fairly successful in this regard and show every indication of continuing to be needed for the foreseeable future, the Syntactic Theory seems to show very poor promise of being able to help relieve the distress of people with psychological disturbances, while a purely neurobiological approach is inappropriate in many cases, and tends to cause a variety of untoward and dangerous side-effects. As for the "wide" theorists with their emphasis upon the social and environmental contributions to meaning: they must acknowledge that a good deal of content is in the head; and, more importantly, by focusing on the role of the "experts" in a society's language-game, they miss the whole point of a psychological attribution, which is to understand an individual's reasons--however idiosyncratic--for acting as he or she does. (shrink)

Physicians in Islamic countries might be requested to participate in the Islamic legal code of qiṣāṣ, in which the victim or family has the right to an eye-for-an-eye retaliation. Qiṣāṣ is only used as a punishment in the case of murder or intentional physical injury. In situations such as throwing acid, the national legal system of some Islamic countries asks for assistance from physicians, because the punishment should be identical to the crime. The perpetrator could not be punished without a (...) physician’s participation, because there is no way to guarantee that the sentence would be carried out without inflicting more injury than the initial victim had suffered. By examining two cases of acid throwing, this paper discusses issues related to physicians’ participation in qiṣāṣ from the perspective of medical ethics and Islamic Shari’a law. From the standpoint of medical ethics, physicians’ participation in qiṣāṣ is not appropriate. First, qiṣāṣ is in sharp contrast to the Hippocratic Oath and other codes of medical ethics. Second, by physicians’ participation in qiṣāṣ, medical practices are being used improperly to carry out government mandates. Third, physician participation in activities that cause intentional harm to people destroys the trust between patients and physicians and may adversely affect the patient–physician relationship more generally. From the standpoint of Shari’a, there is no consensus among Muslim scholars whether qiṣāṣ should be performed on every occasion. We argue that disallowing physician involvement in qiṣāṣ is necessary from the perspectives of both medical ethics and Shari’a law. (shrink)

There is a striking contrast between the significance of Harold Hotelling’s contribution to industrial economics and the fact that his location model was invalid, unrealistic and non-robust. It is difficult to make sense of the explanatory value of Hotelling’s model based on philosophical accounts that emphasize logical validity, representational adequacy, and robustness as determinants of explanatory value. However, these accounts are misleading because they overlook the context within which the explanatory value added of a model is apprehensible. We present (...) Hotelling’s model in its historical context and show why it is an important and explanatory model despite its apparent deficiencies. (shrink)

Open theists argue that God's relationship to time, as conceived in classical theism, is erroneous. They explain that it is contradictory for an atemporal being to act in a temporal universe, including experiencing its temporal successions. Contrary to the atemporalists, redemptive history has shown that God interacts with humans in time. This relational nature of God nullifies the classical notion of God as timelessly eternal. Therefore, it lacks a philosophical and theological basis. Because God is in time, He does not (...) know all future contingencies and, therefore, changes. This study examines open theism's appropriation of the A and B theories of time to the divine-human relationship. The study argues that divine temporality does not solve the tension of divine-human relationships, especially in relation to the future. Further, historical divine temporality does not negate the fact of divine atemporality. It mainly stems from God's choice to create temporal creatures and His relationship with them. Furthermore, if it is not logically and metaphysically contradictory for an omnipresent being to act in space, then it follows that an atemporal being can act in time. Whether time is understood from the metric or psychological point of view, it does not transcend God, and therefore, the limitation it places on human creatures with respect to the future does not apply to God. Lastly, although a few philosophers reject the notion of eternity as timelessly eternal, the doctrine has a philosophical and theological basis in the Scripture. (shrink)

In this paper, I offer an expansionist view of the Frickerian central case of testimonial injustice, citing examples from the South Asian context. To defend this expansionist position, I provide an argument in three parts. First, I argue that credibility deficit and credibility excess are entangled with each other in such a way that often, one produces the other. Secondly, I contend that we should not say that systematic testimonial injustice is a consequence of credibility deficit only because of the (...) entanglement between them. I also contend that for being the central case of testimonial injustice, identity prejudice should not be necessarily negative; it can be positive as well. Propounding a twofold condition of the status of a knower, the last part claims that testimonial injustice occurs when one of the two conditions remains unmet. (shrink)

1950s witnessed a drastic change in the history of British drama. The publication of John Osborne’s masterpiece, Look Back in Anger in 1956 radicalised the British theatre. The play was a blow against establishment. Osborne portrayed Jimmy Porter, the anti-hero of the play. He is frustrated and malcontent. He attacks the establishment in every sense. Following the success of this play, a generation of writers emerged who are labelled as “angry young men”, though they were not a unified group. This (...) media-created uncommon group included John Osborne, Kinsgsley Amis, John Wain, Collin Wilson, Allan Sillitoe, John Arden, Arnold Wesker and Harold Pinter. Shelagh Delaney, after publication of her successful and rebelling play, A Taste of Honey (1956) had been included in this group but it may not be appropriate to stick the journalistic label “angry young men” to her because she differs from most of them and the label itself obviously implies its patriarchal nature. This “new wave” of British young playwrights had tried to radicalise not only themes but also structures and styles of their plays. Hostile to anything that was “high-brow”, these British playwrights were revolutionary in dealing with working class characters and themes. They rejected the style and subject of educated upper middle class. Expressing the discontent and frustration of the newly educated lower class, they were explicitly and intensely against establishment. Their plays were termed as “Kitchen-Sink” Drama. It was a term that gained popularity in Britain in the middle and late 1950s. The term refers to pays which were set in ordinary domestic settings. They depict lower strata of British society and their struggle to survive in post-war period. According to Collin’s Dictionary, it is a term which refers to a type of drama of the 1950s depicting sordid aspects of domestic reality. (shrink)

The appearance of consciousness in the universe remains one of the major mysteries unsolved by science or philosophy. Absent an agreed-upon definition of consciousness or even a convenient system to test theories of consciousness, a confusing heterogeneity of theories proliferate. In pursuit of clarifying this complicated discourse, we here interpret various frameworks for the scientific and philosophical study of consciousness through the lens of social insect evolutionary biology. To do so, we first discuss the notion of a forward test versus (...) a reverse test, analogous to the normal and revolutionary phases of the scientific process. Contemporary theories of consciousness are forward tests for consciousness, in that they strive to become a means to classify the level of consciousness of arbitrary states and systems. Yet no such theory of consciousness has earned sufficient confidence such that it might be actually used as a forward test in ambiguous settings. What is needed now is thus a legitimate reverse test for theories of consciousness, to provide internal and external calibration of different frameworks. A reverse test for consciousness would ideally look like a method for referencing theories of consciousness to a tractable model system. We introduce the Ant Colony Test as a rigorous reverse test for consciousness. We show that social insect colonies, though disaggregated collectives, fulfill many of the prerequisites for conscious awareness met by humans and honey bee workers. A long lineage of philosophically-neutral neurobehavioral, evolutionary, and ecological studies on social insect colonies can thus be redeployed for the study of consciousness in general. We suggest that the ACT can provide insight into the nature of consciousness, and highlight the ant colony as a model system for ethically performing clarifying experiments about consciousness. (shrink)

As social and interdependent beings, we have responsibilities to each other. One of them is to recognize each other appropriately. When we fail to meet this responsibility, we often stigmatize. In this paper, I argue that the COVID-19-related stigmatization is a variation of the lack of recognition understood as an orientation to our evaluative features. Various stereotypical behaviors regarding COVID-19 become stigmatized practices because of labeling, stereotyping, separation, status loss and discrimination, and power. When people stigmatize COVID-19 victims, they orient (...) themselves to their evaluative quality of being vulnerable to the SARS-CoV-2 virus by internalizing the victims as dangerous, understanding them as separable, and being motivated to act with them differently. All this causes the COVID-19 victims to lose status and suffer discrimination for which they do not experience participatory parity in different facets of their lives, rendering the COVID-19-related stigmatization an appalling example of misrecognition. (shrink)

Abstract: The integration of Artificial Intelligence (AI) into Human Resource Management (HRM) is fundamentally transforming how organizations approach recruitment, performance management, and employee engagement. This paper explores the multifaceted impact of AI on HR practices, highlighting its role in enhancing efficiency, reducing bias, and driving strategic decision-making. Through an in-depth analysis of AI-driven recruitment tools, performance management systems, and personalized employee engagement strategies, this study examines both the opportunities and challenges associated with AI in HRM. Ethical considerations, including data privacy, (...) algorithmic bias, and the potential displacement of human jobs, are critically discussed to provide a balanced perspective on the adoption of AI technologies in the HR domain. By presenting case studies of organizations successfully leveraging AI, this paper offers insights into the future trajectory of HRM in an increasingly AI-driven world. Ultimately, the findings underscore the need for HR professionals to adapt and innovate in response to the growing influence of AI, ensuring a harmonious balance between technological advancement and the human element in the workplace. (shrink)

Today's academia is obsessed about writing and speaking gobbledygook. At least most of the time. It has little time in sitting still and actually reading fiction, poetry and say, Wittgenstein. One pretends to say fancy things about these authors but one does not actually read books anymore. COVID 19 Lockdown prompted this author to answer queries from students and peers about a reading list. So prepare a wide ranging list he did which covers everything from the version of Mahabharata one (...) ought to read to novels on celibacy. But then he chose to publish at Prabuddha Bharata over all other platforms because the Ramakrishna Mission has the finances to keep this list alive 200 years hence. This was written during COVID 19 Lockdown in India at the end of April, 2020. Nirad C Chaudhuri insisted on making a good bibliography in his magnum opus. This author follows Nirad C Chaudhuri in quietly speaking about how Harold Bloom plagiarised the Late Professor John Senior's reading list. The list also comments on Romanticism and the art of writing itself. The list on Hinduism is truly contrarian. One hopes that this list survives when GoodReads and other Listopias are no longer. -/- Today's academia is obsessed about writing and speaking gobbledygook. At least most of the time. It has little time in sitting still and actually reading fiction, poetry and say, Wittgenstein. One pretends to say fancy things about these authors but one does not actually read books anymore. COVID 19 Lockdown prompted this author to answer queries from students and peers about a reading list. So prepare a wide ranging list he did which covers everything from the version of Mahabharata one ought to read to novels on celibacy. But then he chose to publish at Prabuddha Bharata over all other platforms because the Ramakrishna Mission has the finances to keep this list alive 200 years hence. This was written during COVID 19 Lockdown in India at the end of April, 2020. Nirad C Chaudhuri insisted on making a good bibliography in his magnum opus. This author follows Nirad C Chaudhuri in quietly speaking about how Harold Bloom plagiarised the Late Professor John Senior's reading list. The list also comments on Romanticism and the art of writing itself. The list on Hinduism is truly contrarian. One hopes that this list survives when GoodReads and other Listopias are no longer. -/- These COVID 19 days, while the First world is mooning over syllabi for their kids and third and fourth world folks like me are tackling Umphan; I chose to prepare a new kind of syllabus. A syllabus which is not merely a list. In these days of incessant and meaningless webinars which my students can only spread memes about and only the poor and doctors will actually travel to white nations which are killing their own; here's a list which ends with Hindu classics which are contrarian. Nirad C Chaudhuri, a much maligned man in India and a forgotten polyglot in white privileged academia said we must first prepare a bibliography. So, Figure it out. I used some of the Hindu resources on recognition mentioned here and tried to work on Stephen King; a privileged white tenure track person from Trumpland just snowballed me. Now, this list is syllabi and also just a list of a bunch of books to read during Lockdowns which will be more common in the future because COVID 19, as Dr Fauci tells us; is here to stay. Even if one COVID 19 person is there; then along with Ebola, my white privileged tenure track fiends; off you go to gagaland. We in India already know these diseases. Go figure it out. (shrink)

Drèze and Sen are not entirely right in their apparent glorification of the roles of nongovernmental organizations in Bangladesh in An Uncertain Glory: India and Its Contradictions because they leave out and/or de-emphasize some important issues, especially those that are related to the problematic trusting relationship between nongovernmental organizations in Bangladesh and rural poor women. Nongovernmental organizations’ use of trust disturbs social solidarity in rural Bangladesh mainly because of their massive supervision mechanism that they undertake to sustain the so-called trusting (...) relationship between them and their debtors. The massive supervision mechanism damages social solidarity also because it creates a tension between local norms and nongovernmental organizations’ neoliberalist values of “discipline, efficiency and competitiveness,” which nongovernmental organizations try to inject into villagers by their numerous social engineering programs, which are state’s responsibility. Nongovernmental organization monitoring has some psychological impacts on their clients that also contribute to shaking social solidarity. The absence of a proper trusting relationship between nongovernmental organizations and rural poor women reduces the capabilities of the latter as a result of which Drèze and Sen’s glorification of Bangladeshi nongovernmental organizations and Sen’s capabilities approach are in tension. However, there are strategies that Bangladeshi nongovernmental organizations should employ to address the issues raised due to their massive supervision mechanism. (shrink)

This study reflects on Harold Kincaid and Jule Zahle’s view that there is no necessary association between methodological individualism and agent-based models because the analysis of social phenomena in terms of the latter cannot always be regarded as an implementation of the former. Their view remains in contention with the standpoint of several philosophers of science and social scientists, including Chen and Di Iorio. Kincaid and Zahle’s main argument against such a standpoint is that agent-based simulation is compatible with (...) holistic explanations that are at odds with methodological individualism. The following study argues that Kincaid and Zahle’s conclusion remains untenable since it stems from inaccurate historical assumptions concerning the tradition of methodological individualism and the way the individualism-holism debate is understood within this tradition. (shrink)

Development ethics is concerned with the justification of development in terms of different normative issues. Mahatma Gandhi was the greatest among all who contributed to the Indian nationalism movement. The focus of this article is to show that Mahatma Gandhi can be regarded as a third world precursor of development ethics. To facilitate the purpose, the writer will try to show first that Gandhi’s theory of ahimsa acts as a foundational ethics of his entire development thought, because it is against (...) arbitrary consumerism and unsustainable resource use. Then the writer will analyze three important concepts of Gandhi – sarvodaya, swadeshi and satyagraha – which are the three principles of sustainable development, an important aspect of development ethics. Through its preference to the essential unity and equality of all earthly creatures, the principle of sarvodaya shows an empathetic approach towards natural world. The swadeshi spirit is handy in getting support for the national economic planning. To fight against injustices, Gandhi resorted to the method of satyagraha. Hence it became a technique that made the foundation of development ethics (that is, ahimsa) practical. Before drawing the conclusion, the writer will briefly evaluate Gandhi’s development thought that will also depict how Gandhi pioneered development ethics. (shrink)

This chapter presents the formalist account of the moral status of an artwork as an aesthetically significant and autonomous form, with due emphasis on the Anglo-American art-for-art’s-sake aesthetic, as it developed between 1870 and 1960. The author shows that the formalist art-is-above-morals approach is a substantive moral stance in itself. Formalist aesthetics is usually presented in the literature as evincing a purist indifference to ethics, construing moral properties as external to art, in opposition to the internal pure properties of art’s (...) composition. The chapter demonstrates that this is a misrepresentation of the complex formalist prescriptive idea of the relations between art and ethics. Through its autonomy and imperviousness to external co-opting—which is accomplished by due focus on aesthetic form—art on the formalist account is held to be a paradigm of the liberalist principles of individual freedom and self-fulfillment, thus an inherent means to the good. (shrink)

This paper explains how discrimination and COVID-19 related stigmas are intertwined. When people stigmatize COVID-19 victims, they act in ways for which the victims suffer status loss and discrimination. As a result, they do not enjoy participatory parity in various aspects of their life making COVID-19 related stigmatization a deplorable instance of discrimination. But a society already fraught with discrimination is a breeding ground of stigmatization often because of people’s fear and anxiety about their life once they become a patient (...) of a disease like COVID-19. (shrink)

In this paper, I argue the importance of competition and cooperation cannot be denied as they both are instrumental in making any business transaction. Because two parties always set for themselves different priorities to a business transaction, business has been thought of in terms of competition. But cooperative action is also important, because in the case of cooperative activities the overall total is greater (though the outcomes differ) if we do cooperate than if we do not. Hence humans form cooperative (...) groups to compete for scarce resources. Those business firms, where employees take specialized, interdependent jobs and work together to compete in the free market, produce higher quality products and show greater work efficiency. Hence friendly cooperation is needed to compete more efficiently against other individuals or groups. It is for this reason people should value more in belonging to a group, practicing teamwork, helping others, etc. They should put more value on cooperation than competition though both competition and cooperation are natural to man. (shrink)

The paper explores the logical structure of Rawlsian justice principles in order to see whether their justificatory or explanatory conditions are unproblematic. To facilitate this purpose, drawing on readers of Rawls, the author shows that the Aristotelian principle is used to explain the principles of rational choice, particularly the principle of inclusiveness. Then, on the basis of the Aristotelian principle, Rawls justifies his conclusion, via the principles of rational choice and the theory of primary goods. After figuring out the logical (...) structure of justice as fairness, the author deals with the central objective of the paper, where he exposes some problems suffered by the motivational basis of the principles of justice. The foundation on which Rawls grounds his principles of justice is problematic, and consequently, they remain as matters of contention as of today. (shrink)