The argument between Jacques Maritain and Charles de Koninck over the primacy of the common good is well known. Yet, even though Mary Keys has carefully arbitrated this debate, it still remains problematic for Alasdair MacIntyre, particularly because of the role rights play in both Maritain and Catholic Social Thought. I examine Keys’ argument and, in addition, Deborah Wallace’s account of MacIntyre’s criticism of rights in Catholic social thought. I argue, in the end, that what Maritain, and in consequence Keys (...) and Wallace, miss about the common good is its relationship to practical reasoning, and that MacIntyre highlights both that relationship and the role of the common good in human dignity. (shrink)

Caritas in Veritate leaves us with a question, Does Benedict XVI see politics as a practice or as an institution? How one answers this question has tremendous implications for how one should address the inequalities of contemporary society and the increasing globalization of the world. Alasdair MacIntyre, for instance, would consider politics to be primarily a practice with a good internal to its activities. This good consists in rational deliberation with others about the common good. If one considers politics an (...) institution, however, as seems to be the case with Jacques Maritain, then one pays less attention to the common good and more attention to the mechanics of the political institution. The difference in understanding goes a long way toward how one conceives of, determines, and achieves the common good, a central task for Catholic social teaching. It also prefigures whether and how one can justify self-sacrifice for the common good, demanded of police officers and soldiers, for instance, as well as whether and how one prioritizes the practices of a given political community. Caritas in Veritate (CIV) brings to the forefront issues of self-sacrifice and prioritization of practices at the global level. This paper shall address the position Benedict XVI lays out on globalization with reference to a global politics through the lens of the common good and the distinction between practice and institution. (shrink)

In this paper we argue that dissociative identity disorder (DID) is best interpreted as a causal model of a (possible) post-traumatic psychological process, as a mechanical model of an abnormal psychological condition. From this perspective we examine and criticize the evidential status of DID, and we demonstrate that there is really no good reason to believe that anyone has ever suffered from DID so understood. This is so because the proponents of DID violate basic methodological principles of good causal modeling. (...) When every ounce of your concentration is fixed upon blasting a winged pig out of the sky, you do not question its species' ontological status. James Morrow, City of Truth (1990). (shrink)

This work deconstructs the subjective experience, and identifies the role of empathy in experience as being capable of reconciling the mob mindedness that accompanies ideologies. The essence of the paper is to discuss and elucidate the societal impact of empathetic being, and the correlation with such states of being as an avenue for learning which identifies and interprets reality rather than realizing it. The idea is that by empathetically interpreting our experience and empathetically informing our modes of expression, one becomes (...) capable of interpreting universal archetypes. Much like what Plato described as being the difference between the sage and the philosopher. (shrink)

While philosophers are often concerned with the conditions for moral knowledge or justification, in practice something arguably less demanding is just as, if not more, important – reliably making correct moral judgments. Judges and juries should hand down fair sentences, government officials should decide on just laws, members of ethics committees should make sound recommendations, and so on. We want such agents, more often than not and as often as possible, to make the right decisions. The purpose of this paper (...) is to propose a method of enhancing the moral reliability of such agents. In particular, we advocate for a procedural approach; certain internal processes generally contribute to people’s moral reliability. Building on the early work of Rawls, we identify several particular factors related to moral reasoning that are specific enough to be the target of practical intervention: logical competence, conceptual understanding, empirical competence, openness, empathy and bias. Improving on these processes can in turn make people more morally reliable in a variety of contexts and has implications for recent debates over moral enhancement. (shrink)

Examines Cassie Trentaz's book on Ethics and AIDS/HIV in Africa.

While the idea that philosophy requires self-transformation is historically pervasive, it exerts considerable influence on the post-Kantians who first aim to systematize Kant’s idealism by grounding it on a first principle. In the 1790s, Fichte and Schelling offer competing accounts of the self-transformation that they regard as essential to positing a first principle. Their accounts raise two central questions. First, what makes this kind of self-transformation possible? Second, are there different possible expressions of philosophical self-transformation? In what follows, I will (...) articulate the Fichtean and Schellingian answers to these central questions. For Fichte, the one who summons me to posit a first principle makes possible my philosophical self-transformation, although the latter has an exclusively idealist expression in that I can only genuinely posit the I as first principle, which is to say that philosophical self-transformation depends on mutual recognition and vindicates precisely one philosophical system (Section 1). For Schelling, a brute act of will makes possible my philosophical self-transformation, although the latter has either an idealist or a realist expression in that I can genuinely posit either the I or the not-I as first principle, which is to say that philosophical self-transformation does not depend on mutual recognition and vindicates one of two possible philosophical systems (Section 2). Thus, whereas Fichtean self-transformation is recognitive and non-pluralistic, Schellingian self-transformation is pluralistic and non-recognitive. I conclude with a discussion of how Jacobi poses a challenge to Fichte’s and Schelling’s answers to the two central questions (Section 3). (shrink)

This paper offers a short extension of the dialogue between Anselm and the Fool that is contained in "The Ontological Argument Simplified" by Gary Matthews and Lynne Rudder Baker. My extension of the dialogue ends with the Fool proclaiming that "what looks like an argument of elegant simplicity turns out to be no argument at all".

With the recent report of a live birth after use of Mitochondrial replacement therapy, sometimes called ‘Three-parent IVF’, the clinical application of the technique is fast becoming a reality. While the United Kingdom allows the procedure under regulatory scrutiny, it remains effectively outlawed in many other countries. We argue that such prohibitions may violate individuals’ procreative rights, grounded in individuals’ interest in genetic affinity. The interest in genetic affinity was recently endorsed by Singapore’s highest court, reflecting an emphasis on the (...) importance of biological ties found across the globe. We apply that reasoning to make the case for a right to ‘Three-parent IVF’. (shrink)

Two attitudes are possible: one, that the world is an absolute jungle and that the exercise of coercive power by rulers is only a manifestation of this; and the other, that it is both necessary and right that there should be this exercise of power, that through it the world is much less of a jungle than it could possibly be without it, so that one should in principle be glad of the existence of such power, and only take exception (...) to its unjust exercise. (shrink)

En el debate contemporáneo entre determinismo e indeterminismo, la mecánica cuántica es utilizada por los libertaristas como recurso para escapar al determi-nismo propuesto por la física clásica, y como búsqueda de un fundamento para la posibilidad de la libertad de la voluntad y de la responsabilidad moral. En el presente artículo se mostrará que toda defensa de la libertad que recurra a la mecánica cuántica ha de poder sortear al menos dos problemas: el que plantea el que he decidido llamar (...) el principio de escala, y el que resulta de lo que Robert Kane define como el principio de suerte. Se mostrará, además, que responder al primer problema no implica responder al segundo. Finalmente, a través de un análisis de las más recientes propuestas que desean sortear este último, se mostrará que ninguna de las propuestas ofrece una explicación convincente acerca de cómo la mecánica cuántica puede ayudar a resolver la cuestión de la libertad de la voluntad. Antes bien, parece que la mecánica cuántica contribuye a su complicación. (shrink)

I criticise a paper by Peter Forrest in which he argues that a principle of unrestricted countable fusion has paradoxical consequences. I argue that the paradoxical consequences that he exhibits may be due to his Whiteheadean assumptions about the nature of spacetime rather than to the principle of unrestricted countable fusion.

This paper responds to a previous paper by Gary Matthews and Lynne Rudder Baker. Their paper, in turn, was a response to my reply to an even earlier paper of theirs. (The relevant bibliographical details are in this paper.) They claim to have a new, improved, simple ontological argument. I argue that the new, simple ontological argument is not, in any way, improved.

Some have objected to human enhancement on the grounds that it violates the autonomy of the enhanced. These objections, however, overlook the interesting possibility that autonomy itself could be enhanced. How, exactly, to enhance autonomy is a difficult problem due to the numerous and diverse accounts of autonomy in the literature. Existing accounts of autonomy enhancement rely on narrow and controversial conceptions of autonomy. However, we identify one feature of autonomy common to many mainstream accounts: reasoning ability. Autonomy can then (...) be enhanced by improving people’s reasoning ability, in particular through cognitive enhancement; given how valuable autonomy is usually taken to be, this gives us extra reason to pursue such cognitive enhancements. Moreover, autonomy-based objections will be especially weak against such enhancements. As we will argue, those who are worried that enhancements will inhibit people’s autonomy should actually embrace those enhancements that will improve autonomy. (shrink)

This work is about current theories concerning the application of the constitutional rules, on the approach of the efficacy and effectiveness of the fundamental rights. It also suggests an alternative way of logical analysis of the problem, mainly taking in account the phenomena of the application-efficacy-effectiveness of the rules. Therefore, it discusses the dogmatic rules and proposes the logical separation between its applicability and its effectiveness, considering the effectiveness as the potential power to realize the fundamental rights.

Talk at the ASSC4 conference (Brussels, 2000).

The current prevailing view is that participation in biomedical research is above and beyond the call of duty. While some commentators have offered reasons against this, we propose a novel public goods argument for an obligation to participate in biomedical research. Biomedical knowledge is a public good, available to any individual even if that individual does not contribute to it. Participation in research is a critical way to support an important public good. Consequently, all have a duty to participate. The (...) current social norm is that individuals participate only if they have a good reason to do so. The public goods argument implies that individuals should participate unless they have a good reason not to. Such a shift would be of great aid to the progress of biomedical research, eventually making society significantly healthier and longer lived. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

In recent years, and especially after the outbreak of the global financial crisis, right-wing and left-wing populist parties and movements have enjoyed significant political success in Europe. One of these parties is SYRIZA in Greece. In this paper, we explore some of the particular characteristics of the political discourse articulated by SYRIZA in power. The core argument of the paper is that the Greek radical left party continues to express an inclusionary populist discourse after its rise to power. We examine (...) this issue by utilising the methodology of the Essex School of Discourse Analysis. Moreover, we attempt to substantiate the view that populism does not always have a negative connotation and is not deterministically associated with nationalism or racism. Furthermore, we try to establish whether the concept of "crypto-colonialism” is an important key to understanding the rise of inclusionary populism to power in Greece. Finally, we analyse various manifestations of Greek anti-populism in order to highlight the danger that derives from this kind of stereotypical discourse. (shrink)

Our digital society increasingly relies in the power of others’ aggregated judgments to make decisions. Questions as diverse as which film we will watch, what scientific news we will decide to read, which path we will follow to find a place, or what political candidate we will vote for are usually associated to a rating that influences our final decisions.

Rolla (2021) argumentou que a prática de avaliar teorias epistemológicas com base em intuições geradas pela consideração de certos casos, como os cenários hipotéticos envolvendo cérebros encubados, clarividentes e anjos da guarda epistêmicos, é um erro. Um erro que, uma vez reconhecido, faria com que os problemas e métodos que ocupam a epistemologia mudassem significativamente. Neste artigo, defendo que a argumentação de Rolla não se sustenta: há falhas no modo como Rolla caracteriza o uso das intuições, as suposições de Rolla (...) podem gerar consequências implausíveis e há um contraexemplo para as alegações dele. Portanto, epistemólogos podem manter os problemas e a metodologia que Rolla critica. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

Our era is characterized by a significant conflict between populism and anti-populism, both politically and culturally. Populist groups and leaders often portray themselves as the true voices of the common people, gaining electoral support or even taking power by framing society as a battle between the ordinary people and the elite, challenging the political and economic establishment. Conversely, parties within the liberal political spectrum counteract the rise of populism by articulating a strong anti-populist discourse, sometimes successfully dominating the political arena. (...) However, despite the increase in studies on populism, there are not many publications regarding anti-populism. This article seeks to examine the anti-populist discourse in Argentina and Greece, two countries with many similarities in political, economic, and cultural aspects. By analyzing the key ideas of anti-populist discourse, we aim to highlight the common anti-populist logic marked by typical paths of modernization, which not only opposes populism but also frequently disregards or opposes specific social groups, such as minorities. (shrink)

The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Although this argument is not radical, it provides a (...) useful way to determine how the right should be applied in various cases. (shrink)

Este documento presenta las conclusiones del ejercicio de reflexión realizado por un grupo variado de miembros de la comunidad rosarista, en torno a la educación de calidad que deseamos, que se llevó a cabo en el marco del aterrizaje del nuevo PID 2020, donde aprender a aprender tiene un papel protagónico, pues se convierte en la apuesta pedagógica de la Universidad. Aprender a aprender es uno de esos conceptos esquivos de los que casi todo el mundo cree saber su significado, (...) pero que, en realidad, es conocido por pocos. Parte del trabajo que hemos deseado hacer es, entonces, una clarificación del concepto y sus alcances, para que el discurso de la Universidad en este tema tenga un referente claro y sus planes de acción concuerden con la dimensión y retos que esta práctica conlleva. De esta manera, el documento comienza por una breve explicación de cómo entendemos el aprender a aprender en la Universidad del Rosario, buscando exponer no solo cómo se diferencia, sino en qué se asemeja a conceptos relacionados; después, ofrece una descripción del papel que los diferentes actores (los estudiantes, los profesores, la evaluación y la universidad misma) han de jugar en dicho modelo pedagógico . (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

En este texto presento algunas ideas acerca de la actual “crisis de las humanidades” en el sistema universitario. En particular, exploro cómo los propios humanistas hemos sido en buena medida responsables de ella. Y ofrezco algunas ideas para ir acercándonos a una solución en el futuro.

It has recently been argued that reproductive genetic manipulation technologies like mitochondrial replacement and germline CRISPR modifications cannot be said to save anyone’s life because, counterfactually, no one would suffer more or die sooner absent the intervention. The present article argues that, on the contrary, reproductive genetic manipulations may be life-saving (and, from this, have therapeutic value) under an appropriate population health perspective. As such, popular reports of reproductive genetic manipulations potentially saving lives or preventing disease are not necessarily mistaken, (...) though such terminology still requires further empirical validation. (shrink)

The Four-Colour Theorem (4CT) proof, presented to the mathematical community in a pair of papers by Appel and Haken in the late 1970's, provoked a series of philosophical debates. Many conceptual points of these disputes still require some elucidation. After a brief presentation of the main ideas of Appel and Haken’s procedure for the proof and a reconstruction of Thomas Tymoczko’s argument for the novelty of 4CT’s proof, we shall formulate some questions regarding the connections between the points raised by (...) Tymoczko and some Wittgensteinian topics in the philosophy of mathematics such as the importance of the surveyability as a criterion for distinguishing mathematical proofs from empirical experiments. Our aim is to show that the “characteristic Wittgensteinian invention” (Mühlhölzer 2006) – the strong distinction between proofs and experiments – can shed some light in the conceptual confusions surrounding the Four-Colour Theorem. (shrink)

Throughout his career, Schelling assigns knowledge of the absolute first principle of philosophy to intellectual intuition. Schelling's doctrine of intellectual intuition raises two important questions for interpreters. First, given that his doctrine undergoes several changes before and after his identity philosophy, to what extent can he be said to “hold onto” the same “sense” of it by the 1830s, as he claims? Second, given that his doctrine of intellectual intuition restricts absolute idealism to what he calls a “science of reason”, (...) which he says cannot prove the absolute’s existence, what other doctrine does he require in order to prove this? I will answer these questions by tracing the shifts in Schelling’s doctrine of intellectual intuition from the 1790s to the 1830s and drawing out its evolving methodological role within his science of intelligibility. (shrink)

In their recent article, Koplin, Gyngell and Savulescu (2019) assess the viability of the precautionary principle as a decision-making tool to determine whether and under what circumstances germline gene editing should proceed. While their survey of different forms of the precautionary principle is illuminating, the most novel contribution is a new account of the precautionary principle, what they dub the Sufficientarian Precautionary Principle (SPP). SPP is meant to avoid several problems with existing accounts, while comporting with at least some of (...) the intuitive force behind the general idea of the precautionary principle. However, as it is only one subsection of a larger paper, SPP is not fully worked out. In this brief response, I will flesh out some problems with SPP as a decision-making tool – particularly that there is a lack of adequate normative justification for adopting it. While this does not constitute a decisive refutation of the approach, SPP needs considerable refinement and clarification before it can be considered viable for use in decision-making. (shrink)

In the Vocation of Man, Fichte makes the striking claim that life is eternal, rational, our true being, and the final cause of nature in general and of death in particular. How can we make sense of this claim? I argue that the public lectures that compose the Vocation are a popular expression of Fichte’s pre-existing commitment to what I call immortalism, the view that life is the unconditioned condition of intelligibility. Casting the I as an absolutely self-active or living (...) power enables his philosophical account of both the intelligibility of objects and of what it means to die. This explains his characterization of the Wissenschaftslehre as a system in which ‘all is act, movement, and life’. In Sect. 1, I explain the context of Jacobi’s use of ‘caput mortuum’ as a term for the thing in itself. In Sects. 2 and 3, I reconstruct two immortalist arguments from Fichte’s Jena period. The first is that the I’s self-activity rules out the existence of the thing in itself and thereby vanquishes ‘death’s head’. The second is that, insofar as the I charges us with the moral perfection of nature, it is the final cause of our entire life, including its end. This is to say that the I puts our every moment into question, even our last. In Sect. 4, I use these immortalist arguments to interpret the striking claim from the Vocation. (shrink)

This paper is a critical examination of Stephen Neale's *The Philosophical Significance of Godel's slingshot*. I am sceptical of the philosophical significance of Godel’s Slingshot (and of Slingshot arguments in general). In particular, I do not believe that Godel’s Slingshot has any interesting and important philosophical consequences for theories of facts or for referential treatments of definite descriptions. More generally, I do not believe that any Slingshot arguments have interesting and important philosophical consequences for theories of facts or for referential (...) treatments of definite descriptions. Friends of facts and referential treatments of definite descriptions can, and should, proceed with the construction of their theories, blithely ignoring the many Slingshots which now litter the landscape. (Of course, there may be other considerations which should give such theorists pause -- but those are other considerations.). (shrink)

As opposed to a ‘one size fits all’ approach, precision medicine uses relevant biological, medical, behavioural and environmental information about a person to further personalize their healthcare. This could mean better prediction of someone’s disease risk and more effective diagnosis and treatment if they have a condition. Big data allows for far more precision and tailoring than was ever before possible by linking together diverse datasets to reveal hitherto-unknown correlations and causal pathways. But it also raises ethical issues relating to (...) the balancing of interests, viability of anonymization, familial and group implications, as well as genetic discrimination. This article analyses these issues in light of the values of public benefit, justice, harm minimization, transparency, engagement and reflexivity and applies the deliberative balancing approach found in theEthical Framework for Big Data in Health and Research to a case study on clinical genomic data sharing. Please refer to that article for an explanation of how this framework is to be used, including a full explanation of the key values involved and the balancing approach used in the case study at the end. Our discussion is meant to be of use to those involved in the practice as well as governance and oversight of precision medicine to address ethical concerns that arise in a coherent and systematic manner. (shrink)

This paper aims to show that Godel's ontological argument can be parodied in much the same kind of way in which Gaunilo parodied Anselm's Proslogion argument. The parody in this paper fails; there is a patch provided in "Reply to Gettings" (Analysis 60, 4, 2000, 363-7).

This chapter intervenes in recent debates in Kant scholarship about the possibility of a general logical alien. Such an alien is a thinker whose laws of thinking violate ours. She is third-personal as she is radically unlike us. Proponents of the constitutive reading of Kant’s conception of general logic accordingly suggest that Kant rules out the possibility of such an alien as unthinkable. I add to this an often-overlooked element in Kant’s thinking: there is reason to think that he grants—and (...) in fact presupposes—the possibility of a transcendental logical alien. Such an alien is a knower whose laws of experience purport to violate ours. She is first-personal as she is radically like us. In other words, she is us, insofar as we are alienated from ourselves and our experience. I go on to draw an analogy between her, a dogmatist, and another transcendental alien, an evil agent. Just as a dogmatist is alienated from her (our) experiential laws, an evil agent is alienated from her (our) moral law. These forms of theoretical and practical self-conceit require self-knowledge in the form of a critique of speculative or practical reason. In bringing this point out, I aim to shift from the question of whether logical laws constitute our thinking to the question of whether grasping our experiential and moral laws as our laws constitutes our reason. (shrink)

Esta es una presentación crítica de la traducción del texto con el que James Beattie critica el ataque a la materia de Goerge Berkeley.

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

Fichte assigns ‘intellectual intuition’ a new meaning after Kant. But in 1799, his doctrine of intellectual intuition is publicly deemed indefensible by Kant and nihilistic by Jacobi. I propose to defend Fichte’s doctrine against these charges, leaving aside whether it captures what he calls the ‘spirit’ of transcendental idealism. I do so by articulating three problems that motivate Fichte’s redirection of intellectual intuition from being to acting: (1) the regress problem, which states that reflecting on empirical facts of consciousness leads (...) only to further facts and so cannot yield a first principle; (2) the rhapsody problem, which states that the categories form a haphazard set and so lack necessity unless they derive from a first principle; and (3) the nihilism problem, which states that a first principle cannot lie outside our cognition of it, lest it be the cause of our cognition and, being first, the cause of all our actions, reducing us to machines. Crucially, Fichte’s three motivating problems are in fact aspects of a single problem. Leaving any aspect unsolved spoils putative solutions to the other two. Consequently, Fichte requires a single unified solution to all three, which his doctrine of intellectual intuition provides. (shrink)

Kant’s critique/doctrine distinction tracks the difference between a canon for the understanding’s proper use and an organon for its dialectical misuse. The latter reflects the dogmatic use of reason to attain a doctrine of knowledge with no antecedent critique. In the 1790s, Fichte collapses Kant’s distinction and redefines dogmatism. He argues that deriving a canon is essentially dialectical and thus yields an organon: critical idealism is properly a doctrine of science or Wissenschaftslehre. Criticism is furthermore said to refute dogmatism, by (...) which Fichte means Spinozism. Schelling repudiates Fichte’s position in his Philosophical Letters by reviving Kant’s distinction. First, ‘critique’ for Schelling names a canon that is valid for all systems—including Spinozism—and thus favours none—not even the Wissenschaftslehre. Second, Schelling coins ‘dogmaticism’ to refer to what Kant calls ‘dogmatism’: reason’s uncritical claim to doctrine. Hence, he says all systems—even Fichte’s—are susceptible to the ‘enthusiasm’ of mistaking themselves for doctrines or ‘objects of knowledge’, instead of subjectively valid ‘objects of freedom’. I reconstruct Schelling’s argument for reviving Kant’s distinction, while noting two consequences for German idealism. First, if criticism favours no system, a system’s origin cannot be an act of knowledge, e.g., intellectual intuition, but only an act of endorsement. Second, if dogmaticism entails enthusiasm, a system’s goal cannot be absolute knowledge, but only infinite striving. Hence, by retrieving Schelling’s notion of dogmaticism, we can both gain a better understanding of the Letters and register the impact of a core Kantian distinction on the German idealist project. (shrink)

An English translation of Leibniz's fragment "Horizon rerum humanarum... " in which he announces a plan to demonstrate "that the number of truths or falsehoods enunciable by humans as they are now is limited; and also that if the present condition of humanity persisted long enough, it would happen that the greatest part of what they would communicate in words, whether by talking or writing, would have to coincide with what others have already communicated in the past; and moreover that (...) new humans would lead an entire life that appears thoroughly the same to the senses as lives that others have already led." . (shrink)

The concept of facticity denotes conditions of experience whose necessity is not logical yet whose contingency is not empirical. Although often associated with Heidegger, Fichte coins ‘facticity’ in his Berlin period to refer to the conclusion of Kant’s metaphysical deduction of the categories, which he argues leaves it a contingent matter that we have the conditions of experience that we do. Such rhapsodic or factical conditions, he argues, must follow necessarily, independent of empirical givenness, from the I through a process (...) of ‘genesis.’ I reconstruct Fichte’s argument by tracing the origin of his neologism, presenting his Jena critique of Kant’s rhapsodic appeal to the forms of judgment, and illustrating the Jena period’s continuity with the Berlin period’s genetic method, while noting a methodological shift whereby Fichte directs his critique against his own doctrine of intellectual intuition in order to eliminate its ‘factical terms.’. (shrink)