Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. (...) Examples include speaking, walking, associating, and interacting with others, and practicing faith in a divine being, the state, or some other source of inspiration and hope. Human beings don’t think about the potential illegalities of speaking their minds, moving from one place to another, or engaging in conversation with their friends or associates unless they are indoctrinated to do so. Rather, human beings do these things because they have instinctual desires and the knowledge to do so. Other rights and laws such as freedom of the press are the product of peoples’ instinctual rights. For example, as people learn to speak, they instinctually share information and news about their inner circles or communities. If taken a step further, one begins to discuss an organized press. Knowledge and understanding of laws, such as those limiting certain types of speech, i.e., hate speech, must be taught and learned; it is not instinctual. -/- This paper will introduce a subset of the most influential legal philosophies of different eras in human intellectual development, beginning with those of Ancient Greece. It will proceed to describe the shortcomings of those philosophies before introducing instinctualism as an alternative. After defining instinctualism, I will proceed to discuss how it addresses the shortcomings of other legal philosophies. Next, I will introduce rights guaranteed to the citizens of four prominent countries via relevant sources of primary law for each of those countries. Finally, I will close by reviewing the main arguments in the paper and discussing future research that I will undertake to buttress this paper’s arguments. (shrink)

For the full text of this article see "Download Options PhiPapers Archive and click Download from Archive" at the bottom of this page. First 500 words of article: To my surprise last spring, an article titled “Gut Almighty”, which briefly explained the latest emotion theories on how intuition comes from the gut, was featured in Psychology Today (Flora, 2007) at the same time that my article on gut instinctual somatic responses and healthy life choices was published in Somatics Spring 07 (...) issue (Love, 2007). I wondered if two articles published on the gut in one month might surely be a record, as the gut has not seemed to have so much attention in the media since Gershon’s (1998) book acclaiming it through his neurological research to have a mind of its own. -/- In the months I awaited the publication of my article, I reread Gershon’s (1998) book and it was again delightful to me to read that a scientific investigation actually uncovered evidence that the gut has a separate capacity to generate and record vital responses and functions as what he calls our second brain. Gershon outlines the biological functions of the gut as being its own intelligent brain and having its own vitality that is in communication with, but not dependent upon, the head brain. As I combed through his book and shared emails with my colleague, Robert Sterling, it became quite clear to us that Gershon’s work was supportive of the clinical findings in the work we did as guidance counselors in the 70s. Our work centered around assisting people to assess the meaning of their experiences through an awareness on the empty-full instinctual feeling responses that they identified in the gut region of the body. We found with the people that we counseled that these gut responses were linked to the dynamic struggles of balancing the two needs of the person for acceptance and for feeling in control of one’s own responses (the freedom to respond naturally), and that these two needs were instinctual and necessary to fulfill on a moment to moment basis for continued vitality of the person. Similar to Gershon’s findings, it was also our conclusion that the gut area of the body contains a feeling response center that holds a relationship to the thinking processes of the person, but is a separate response center from the thinking head responses and certainly not dependent upon it. -/- Feeling inspired by Gershon’s (1998) work and the attention recently given to the gut in the literature and media, I decided to write a second article for Somatics that further explains the specific technique of the Somatic Reflection Process (SRP). The intention of this article is to answer the questions about the process that I have been asked in the past year by many friends and colleagues who read my first article last Spring on the findings of Robert Sterling’s and my somatic work as guidance counselors. I am including both the method and a protocol for facilitating the SRP, as well as a brief summary of a recent research study using the SRP protocol presented (Love, 2005). (shrink)

This work aims to understand the affective dimension that permeates human relationships and the variation that characterizes their forms. The concepts presented here aim to situate man in relation to these two poles of his existence, servitude and freedom, which are urgent for us to reflect on the subject of ethics today. Considering instability as a constitutive mark of the affective field through which man relates, we will resort to concepts which will support and illustrate the idea which we intend (...) to present, namely the economic nature of the bodily forces which motivate and intervene in such relations which pass, as they are established, to a configuration of power. From the philosophical concepts of affection, servitude and freedom, according to Spinoza, it is possible to understand the existential and ethical dimension that runs through human life. The Freudian concepts of herd instinct, identification and love can be understood as affections belonging to the soul of the herd which, in its psychic process, leads man to his state of servitude. From these foundations, one can think about human freedom and how man can, through sublimatory processes, become the cause of himself, and thus show new possibilities, outlets that man has under his own power to make his life more joyful and, in this way, not to live at the mercy of external causes that result in shocks, condemning him to the bondage of his own passions. This research brings these questions to reflection to show how the traditional way of thinking directly impacts man in his way of relating, freely or not, to the world and, finally, how another perspective of understanding this which constitutes its nature allows a new posture in the face of desire itself. -/- . (shrink)

Understandings of play are frequently tied to a sense of instinctual gratification—a something that must be completed, that all humans, young or old, should or need to partake in. Indeed, for many, play is characterised as a unique activity that stands apart from the ordinary and every day. While such assessments prefigure a clear demarcation between the fun of play and the more laborious, boring aspects of profane life, what this distinction alludes to is a greater sense of the creativity (...) that underlies play. Drawing from a Lacanian perspective, the following chapter will determine that an essential aspect of play and sport is the creativity it provides, namely, by considering how the act of creativity is intricately tied to the very lack that constitutes the Lacanian subject. To do so, the concept of sublimation is used to consider how the codified rules and regulations that sport both asserts and requires renders apparent the importance of the limit. Rather than conceiving of this limit as a barrier to creativity, what is revealed in sublimation is how this limit proves constitutive of our very creativity. That is, the ability to sublimate—to creatively perform unique displays of physical or artistic expression— lies in the mundanity and utter importance of the playful and sporting activity and, more importantly, the inherent restrictions and constraints these activities impose. It is in accordance with the limit that one’s creativity can expose an emancipatory potential in the context of play and sport. (shrink)

Nietzsche announces his intentions to publish a “physiology of aesthetics”, namely a naturalistic explanation for how aesthetic judgements are grounded in the physiology of both the one experiencing the work, and the creator of it. But as well as the physiological reduction of aesthetic judgements, Nietzsche in many places across his oeuvre frames the apparatus of physiology, especially the prescriptive dimension of self-cultivation, in terms amenable to being treated as ‘aesthetic’. The first section will mount a (re-) defense of the (...) use of aestheticized language for discussing Nietzschean self-cultivation. The second section demonstrates an aesthetic evaluation of capacities that make possible the acquisition and removal of instinctual components, ultimately arguing for Nietzsche’s qualified indeterminism regarding the capacity for self-cultivation. The third section will assess the pres- ence of another aesthetic measure, this time in terms of envisaging one’s psycho-physiology by reference to an external spectacle. The final section discusses metaethical questions stemming from Nietzsche’s prescriptive language regarding the aestheticization of our physiology. (shrink)

The nature of “the self” has been one of the central problems in philosophy and more recently in neuroscience. This raises various questions: Can we attribute a self to animals? Do animals and humans share certain aspects of their core selves, yielding a trans-species concept of self? What are the neural processes that underlie a possible trans-species concept of self? What are the developmental aspects and do they result in various levels of self-representation? Drawing on recent literature from both human (...) and animal research, we suggest a trans-species concept of self that is based upon what has been called a “core-self” which can be described by self-related processing as a specific mode of interaction between organism and environment. When we refer to specific neural networks, we will here refer to the underlying system as the “core-SELF.” The core-SELF provides primordial neural coordinates that represent organisms as living creatures—at the lowest level this elaborates interoceptive states along with raw emotional feelings while higher medial cortical levels facilitate affective-cognitive integration . Developmentally, SRP allows stimuli from the environment to be related and linked to organismic needs, signaled and processed within core-self structures within subcorical-cortical midline structures that provide the foundation for epigenetic emergence of ecologically framed, higher idiographic forms of selfhood across different individuals within a species. These functions ultimately operate as a coordinated network. We postulate that core SRP operates automatically, is deeply affective, and is developmentally and epigenetically connected to sensory-motor and higher cognitive abilities. This core-self is mediated by SCMS, embedded in visceral and instinctual representations of the body that are well integrated with basic attentional, emotional and motivational functions that are apparently shared between humans, non-human mammals, and perhaps in a proto-SELF form, other vertebrates. Such a trans-species concept of organismic coherence is thoroughly biological and affective at the lowest levels of a complex neural network, and culturally and ecologically molded at higher levels of neural processing. It allows organisms to selectively adapt to and integrate with physical and social environments. Such a psychobiologically universal, but environmentally diversified, concept may promote novel trans-species studies of the core-self across mammalian species. (shrink)

The Primitivist (responsible for chapters 8-11 of the heterogeneous Zhuangzi) has largely been interpreted as just another exponent of the philosophy of the Laozi or Daodejing. This is a shame, because the Primitivist is an idiosyncratic thinker whose theories do not simply reiterate those found in the Laozi. In this essay, I argue that even though the Primitivist embraced some of the values of the Laozi’s brand of Daoism, (e.g. simplicity, harmony with nature, being rid of knowledge, etc.) he would (...) have censured its prescriptions; he had little faith that order could be achieved through an emphasis on minimalism, by doing nothing, or by advocating a change (or reversal) in values. Instead, the Primitivist suggests that the only way to curb the massive disorder of the late Warring States period was to purge the world of its root causes—namely, of all the artifice that kept the masses in competitive, violent strife—and suppress their reappearance. Without such a purge, the masses would be helpless to lead a natural, instinctual, pre-reflective mode of existence. By advocating such a strategy, the Primitivist seems to have membership in what must be a very exclusive group: he is a Daoist who thinks the world can only be brought into order by doing something—indeed, doing a whole lot of unpleasant, nasty things. I thus situate the Primitivist within the trend toward authoritarianism that characterized the period in which he wrote (3rd century BCE). (shrink)

Jung’s individuation process, the central process of human development, relies heavily on several core philosophical and psychological ideas including the unconscious, complexes, the archetype of the Self, and the religious function of the psyche. While working to find empirical evidence of the psyche’s religious function, Jung studied a variety of subjects including the Eastern liberatory traditions of Buddhism and Patañjali’s Classical Yoga. In these traditions, Jung found substantiation of his ideas on psychospiritual development. Although Jung’s career in soul work was (...) lengthy, throughout, he aimed to steer clear of metaphysics. Patañjali’s metaphysics, on the other hand, are straightforward, and his ontological commitments are evident. Because Jung’s ontological commitments were not explicit, his theories, when seen through Patañjali’s lens, confuse ontological questions with epistemic issues. As a result, when comparing the Jungian and Patañjalian notions of the Self, Jung’s insightful ideas seem to be constructed upon a considerably shaky foundation. Yet, utilizing the exceptionally consistent ontological and epistemological commitments of Patañjali Yoga, as well as the objective measures of affective neuroscience, brings credence to the innate aspects and instinctual nature of Jung’s archetype of the Self, and assists in answering the question of whether the archetype is innate or emergent. (shrink)

Interest in imagination dates back to Plato and Aristotle, but full-length works have been devoted to it only relatively recently by Sartre, McKellar, Furlong, Casey, Johnson, Warnock, Brann, and others. Despite their length and variety, however, these current theories take overly narrow views of this complex phenomenon. Their definitions of “imagination” neglect the multiplicity of its meanings and tend to focus narrowly on the power of imaging alone. But imagination in the fullest, most encompassing sense centers instead on creativity, which (...) involves both imaging and reasoning powers. Current accounts of the operations of imagination narrowly construe it in fixed, immutable terms. But it’s instead a dynamic, evolving synergy of its psychological roots and sociobiological roots. This synergy has transformed the roles of images and symbols in imagination. For example, in the shift from mytheopic to scientific imagination, literacy and formal education fostered abstract symbolic thinking, which differs from mytheopic thinking based on richly concrete associations. The result was “more than cool reason”, but experimental studies show that it’s also more than just dreamy imagery. It’s a dynamic synergy of the two that has transformed both. Current evaluations of imagination’s potentials are also narrow. They tend to focus on its role in mental life while ignoring social and political life. Also, they tend to follow romantic and existentialist customs of extolling imagination’s virtues without soberly critiquing its limitations. Again, they ignore the synergy of psychological, sociological and biological forces that shape mental and social evolution, and promote and constrain imagination in complex ways. For example, Sartre surreally asks us to choose our own nature with an imagination emancipated from institutional and instinctual strictures. Yet making intelligible choices depends on these strictures. In conclusion, current theories define imagination narrowly in terms of imaging, they describe its operations in fixed and immutable terms, and they evaluate its potentials without examining the full interplay of forces shaping it. These shortcomings are remedied by a broader perspective that defines imagination more adequately and comprehensively, and that recognizes it’s complex roots, dynamic operations, and evolving potentials. This paper is based on my 1994 work, The Roots of Imagination, which can be downloaded in full here in PhilPapers. (shrink)

The Emotions chapter (XXV) in James' Principles of Psychology traverses the entire range of experienced emotions from the “coarser” and more instinctual to the “subtler” emotions intimately involved in cognitive, moral, and aesthetic aspects of life. But Principles limits himself to an account of emotional consciousness and so there are few direct discussions in the text of Principles about what later came to be called moral psychology, and fewer about anything resembling philosophical ethics. Still, James’ short section on the subtler (...) emotions, when read in connection with his later philosophical writings, still provides insight on James’ views about how human emotion colors our moral psychology and agency. The paper tries to articulate how James' somatic account of emotion adds significantly to contemporary discussions at the borders of moral psychology and philosophy: discussions over the foreground/background distinction, emotional temperament, emotional learning, moral imagination, and selfhood and narrativity. The final section focuses on the neo-Jamesian character of "new sentimentalist" moral psychologists. Among the substantial connections I discuss between James and 1) between Jonathan Haidt’s “social intuitionism” and 2) Jesse Prinz’s "emotionism" are the critiques that they each share of the pretensions of hard universalist ethical theories. (shrink)

Is it possible a thought that resists the temptation of an absolute basis, but also to unbridled fury calculator machination? It is also possible that a thought is put in a position to understand and also to position itself critically in relation to both nostalgic fundamentalisms, and to pure effectiveness and productivity that technoscience imposes on us? It is possible, after all, to distance itself from traditional metaphysics without falling back into naivety "anti-metaphysical" definitive and safe overcome? Is it still (...) possible to conceive any kind of “ other" metaphysics? From this initial universe of questions we seek to point out that the metaphysics of the will, at least as developed by Nietzsche and psychoanalysis, brings to the fore a dimension "strange" to the Western metaphysical tradition: the instinctual dimension, this historical third middle between matter and spirit, body and mind, unity and multiplicity, sameness and difference, setting another metaphysical not reducible to traditional metaphysics, nor simply anti-metaphysical. (shrink)

Darwinism presents a paradox. It discredits the notion that one’s life has any intrinsic meaning, yet it predicts that we are designed by Darwinian natural selection to generally insist that it must—and so necessarily designed to misunderstand and doubt Darwinism. The implications of this paradox are explored here, including the question of where then does the Darwinist find meaning in life? The main source, it is proposed, is from cognitive domains for meaning inherited from sentient ancestors—domains that reveal our evolved (...) human nature as the fool that it is: given to distractions and delusions of many kinds, designed by natural selection primarily for one essential purpose—to allay our instinctual fear of failed legacy, rooted in our uniquely human awareness that we are not immortal. Darwinism, however, also teaches that genuine legacy is a fate enjoyed only by individual genes. Accordingly, as argued here, those genes with the grandest legacy—and hence rampant within us—are of two types: “legacy-drive” genes delude us into thinking that the legacy can be individually and personally ours; and “leisure-drive” genes distract us from the agonizing truth that it can never be. The most rudimental delusion of legacy is the perception of offspring as vehicles for memetic legacy—the transmission of resident memes from one’s mind to the minds and behaviors of offspring— thus also ensuring genetic legacy: the transmission of resident genes, including importantly, genes inherited from ancestors that influence both legacy and leisure drives. Today, legacyand leisure-drive genes reveal their phenotypes across a wide range of human affairs, and together with the phenotypes of survival- and sex-drive genes, they provide a foundation for a novel view of the Darwinian roots of cultural evolution. (shrink)

Many commentators have remarked upon the striking points of correspondence that can be found in the works of Freud and Nietzsche. However, this essay argues that on the subject of desire their work presents us with a radical choice: Freud or Nietzsche. I first argue that Freud’s theory of desire is grounded in the principle of inertia, a principle that is incompatible with his later theory of Eros and the life drive. Furthermore, the principle of inertia is not essentially distinct (...) from his later theory of the death drive. Consequently, Freud’s theory of desire can only be interpreted consistently as a monism of the death drive. I then analyze Nietzsche’s attempt to ground his theory of desire in the concept of the will to power. I argue that Nietzsche’s view of desire is fundamentally opposed to the key elements of Freud’s theory of desire: the principle of constancy, the Freudian definition of the drive, and the pleasure principle. Next, I explicate the stakes of this opposition by analyzing the social consequences of each view for morality and justice. I argue that the Freudian subject seeks to dominate the social other, and that there is an insurmountable conflict between the satisfaction of desire and the demands of social life. Consequently, Freud’s view allows only for a negative conception of the social good in which morality is defined as the intrinsically impossible task of eliminating evil, and justice can be achieved only through the equal distribution of instinctual frustration. Finally, I argue that in Nietzsche’s theory of desire there is no essential conflict between individual desire and social life. The Nietzschean subject desires to manifest power in the form of activity that is independent of external agents, not to dominate the other. Consequently, Nietzsche’s view allows for the possibility of a positively defined concept of the social good in which morality is the affirmation and enhancement of every subject’s happiness, and justice can be achieved through the promotion and protection of an equality of power among subjects. (shrink)

Abstract In Creative Evolution (1907/1911), a pivotal discussion is the extreme complexity of instinctual behavior. As one of many examples, a member of the Hymenoptera “knows” precisely the three locations of motor-neuron complexes at which to sting a cricket such that it is paralyzed, yet remains fully alive for the wasp’s larvae. Two points: a) This behavior is as much an “irreducible” complex of acts as the structural organization of the wasp’s body, and just as inexplicably formed by natural selection, (...) and, b) the instinctual behavior is actually at the same level as the vital processes of the organism. This is to say that any theory of evolution, be it selection, self-assembly or self-organization, is equally bound to address not only the origin-problem of an organism’s structure, but the correlated functional problem of instinct. Instinct, however, was Bergson’s prime source for holding, firstly, that we must see Consciousness as the impetus behind evolution and secondly, that it is only by utilizing the essence of instinct, conjoined with intellect – his “intuition” – that mind and science can penetrate these mysterious evolutionary processes. This double thesis of the role of Consciousness and the role of intuition likely helped to cause Bergson’s neglect in the biological world, but subsequently there has emerged the current sharp awareness of the “Hard Problem” of Consciousness (Chalmers, 1995). The ongoing failure on a solution to this problem – its very, very unresolved status – should give us pause. In fact, integral to the argument of Creative Evolution, though always only obliquely referenced, was Matter and Memory (1896/1912), and in this work was a remarkable solution to the Hard Problem – when understood, an amazing feat of “intuition.” This, we will see, casts Bergson’s view of the role of Consciousness in evolution, and the nature of instinct as one of evolution’s lines of development, in a new light. (shrink)

In this paper, I explore a tension between the Law in the novel The Island of Doctor Moreau, by H. G. Wells, and Kant's reciprocity thesis. The Law is a series of prohibitions that Moreau has his beasts recite. Moreau devotes his time to transforming animals through a painful surgery into beings that resemble humans, but the humanized beasts are constantly slipping back into animalistic habits, and so Moreau promulgates the Law to maintain decorum. Kant's reciprocity thesis states that free (...) will is the necessary and sufficient condition of moral practical laws. That is, in order for a moral practical law to be applicable, there must be free will, and, if free will is present, then there will be a moral practical law that sets a standard for the free will. However, in Wells's novel, the humanized beasts seem to lack free will. So, how can a law be applicable to them? By delving deeper into the mystery of Moreau's strange island, I will shed light on the otherwise cumbersome concepts of free will, natural impulses, and practical laws, as well as their interrelationships. The upshot will be a deeper understanding of personhood through an exploration of the instinctual nature of animals, moral law, and free will. (shrink)

The shape of the egg is proposed to be the consequence of synergistic actions from the transmission of forces derived from instinctual motions and energy matter conversions that act to obstruct the grounding and neutralization of energy emissions by limiting in size the physical domain of self witness. A philosophy and theory associating, atemporal in nature, form and emergence is evolved from logical considerations for the construction of a mathematical/geometrical model of the egg that is generated from a template construed (...) from simple geometrical considerations. The acquisition of instinct as the setting/identity associated propagation of motion to avoid closed space is discussed in relation to cause and effect, the universal attribute of contingency and a special verses general case to describe the world. Analogy is made between the proposed natural transmission of the transparent/conceptual egg form, expressed physically at important nodes in the course of biological propagation to the philosophy of self- belonging of Bertrand Russell. (shrink)