It is frequently argued that to address structural injustice, individuals should participate in collective actions organized by civil society organizations, but the role and the normative status of CSOs are rarely discussed. In this paper, we argue that CSOs semi-perfect our shared obligation to address structural injustice by defining shared goals as well as taking actions to further them. This assigns a special moral status to CSOs, which in turn gives rise to our duty to support them. Thus, we do (...) not have full discretion when deciding whether to join collective actions or not. Under certain conditions, we can even be forced by others to do our share. (shrink)

The aim of this paper is to analyze, from a philosophical perspective, the scientific robustness of the construct of psychopathy as measured by the Psychopathy Checklist Revised that was developed by Robert Hare (1991; 2003). The scientific robustness and validity of classifications are topics of many debates in philosophy of science and philosophy of psychiatry more specifically. The main problem consists in establishing whether scientific classifications reflect natural kinds where the concept of a natural kind refers to the existence of (...) some objective divisions in nature that do not depend exclusively on subjective judgments of the classifier. The construct of psychopathy is especially interesting since the diagnosis of psychopathy has substantial social consequences. In the light of the recent debates regarding the problem of natural kinds in philosophy of psychiatry, we advocate the following distinction between two types of scientific classifications: natural and practical kinds. Natural kinds refer to those categories that are united by common causal mechanisms or properties. Practical kinds refer to categories that fulfill some practical classificatory goals such as prediction. We argue that the construct of psychopathy can fulfill the role of a practical kind. In addition, we contend that our current scientific knowledge about psychopathy does not allow us to conclude that this category is a natural kind. (shrink)

The antipsychiatrists in the 1960's, specifically Thomas Szasz, have claimed that mental illness does not exist. This argument was based on a specific definition of physical disease that, Szasz argued, could not be applied to mental illness. Thus, by problematizing mental illness, the spotlight had turned to physical disease. Since then, philosophers of medicine have proposed definitions applying both to pathophysiological and psychopathological conditions. This paper analyzes prominent naturalist definitions which aim to provide value-free accounts of pathological conditions, as well (...) as normative accounts that propose value-laden accounts. The approaches surveyed differ not only in terms of value, but also in terms of their perspective. This perspective concerns whether the concept of health, illness or disease/disorder is emphasized. The emphasis on health or illness is holistic as it looks at the human being as a whole, while focus on disease or disorder is analytic as it considers part functions. I will here argue in favor of holism and will propose a definition of mental health based on Sartre's existential psychoanalysis of Gustave Flaubert. (shrink)

Cosmopolitans typically argue that the realization of cosmopolitan ideals requires the creation of global political institutions of some kind. While the precise nature of the necessary institutions is widely discussed, the problem of the transition to such an order has received less attention. In this paper, we address what we take to be a crucial aspect of the problem of transition: we argue that it involves a moral coordination problem because there are several morally equivalent paths to reform the existing (...) order, but suitably placed and properly motivated political agents need to converge on a single route for the transition to be successful. It is, however, unclear how such a convergence can take place since the duty to create global institutions does not single out any coordination point. We draw on the so-called theory of hegemonic stability to address this problem and conceptualize what we call the hegemonic transition. From an explanatory point of view, we rely on the theory’s insights to explain how a hegemon may contribute to the creation of a rules-based international order by providing salient coordination points and accordingly, enabling coordination among states. From the normative point of view, we identify necessary conditions for the hegemonic transition to be morally permissible. To the extent that these conditions obtain, other states have pro tanto moral reasons to follow the salient coordination point provided by the leading state. (shrink)

Kako u svakodnevnom životu, tako i u pravu većinu ljudi smatramo odgovornim za postupke pretpostavljajući da su to njihovi postupci u smislu da nad njima imaju kontrolu. Pretpostavka koja dominira tradicionalnim filozofskim raspravama o moralnoj odgovornosti i teorijama kazne jeste da se osoba smatra moralno (pravno) odgovornom za počinjeni postupak ako taj postupak zavisi od nje na takav način da bi zaslužila osudu (kaznu) odnosno pohvalu (nagradu). Izazov koji prirodne nauke postavljaju pred ovakvo razumevanje moralne odgovornosti ne zaustavlja se na (...) klasičnoj mehanici već svoj novi, kompleksniji oblik zadobija pojavom kvantne mehanike, ali i razvojem neuronauke i psihologije. Relevantnost istraživanja prirodnih nauka za filozofske probleme objašnjavamo činjenicom da su drugu polovinu XX veka obeležila naturalistička metafizička i epistemološka nastojanja. Na ovaj način je otvoreno novo poglavlje odnosa filozofije i prirodnih nauka, a mi ga u ovom radu ispitujemo kroz razmatranje problema kompatibilnosti determinizma i moralne odgovornosti. Cilj rada je da ispitivanjem kako empirijskih argumenata kojima se u pitanje dovodi moralna odgovornost, tako i filozofskih argumenata koji figuriraju u ovim diskusijama ukažemo da rezultati naučnih istraživanja mogu biti plodonosni u kontekstu rasprava o slobodi volje, moralne odgovornosti i teorija kazne, isključivo ako na adekvatan način komuniciraju sa rezultatima filozofskih istraživanja zasnovanim na primeni filozofskih metoda poput metoda pojmovne analize. (shrink)

Cilj ovog rada je da razmotrimo zašto, i na koji način se Kvajn pozicionira između logičkih pozitivista i epistemoloških nihilista u pogledu shvatanja empirijskog svedočanstva. Naime, on će na nov način formulisati kriterijume opservacionalnosti s namerom da prevaziđe probleme koji su za logički pozitivizam bili nepremostivi, a da time ne žrtvuje objektivnost nauke poljuljanu krahom tradicionalnog pristupa epistemološkim pitanjima. Privučeni provokativnošću Kvajnovog istovremenog ispoljavanja radikalnih, ali i konzervativnih tendencija, odnosno namere da održi balans između stanovišta tradicionalne filozofije i epistemološkog nihilizma, (...) nastojaćemo da ispitamo koliko je Kvajn uspešan u svojoj zamisli. U zavisnosti od odgovora na to pitanje ocenićemo značaj i relevantnost kvajnovskog naturalističkog pristupa za empirističku epistemologiju. (shrink)

False belief tasks have enjoyed a monopoly in the research on children?s development of a theory of mind. They have been granted this status because they promise to deliver an unambiguous assessment of children?s understanding of the representational nature of mental states. Their poor cousins, true belief tasks, have been relegated to occasional service as control tasks. That this is their only role has been due to the universal assumption that correct answers on true belief tasks are inherently ambiguous regarding (...) the level of the child?s understanding of mental states. It has also been due to the universal assumption that nothing in the child?s developing theory of mind would lead to systematically incorrect answers on true belief tasks. We review new findings that 4- and 5- year -olds do err, systematically and profoundly, on the true belief versions of all the extant belief tasks. This reveals an intermediate level of understanding in the development of children?s theory of mind. Researchers have been unaware of this intermediate level because it produces correct answers in false belief tasks. A simple two- task battery?one true belief task and one false belief task?is sufficient to remove the ambiguity from each task. The new findings show that children do not acquire an understanding of beliefs, and hence a representational theory of mind, until after 6 years of age, or 2 years later than most developmental psychologists have concluded. This raises the question of how to interpret other new findings that infants are able to pass false belief tasks. We review these new infant studies, as well as recent studies on chimpanzees, in light of older children?s failure on true belief tasks, and end with some speculation about how all of these new findings might be reconciled. (shrink)

U tekstu se razmatraju neki problemi sa kojima se suocava istrazivanje zivotne sredine. Osim pojmovne problematike, svojestvene srpskom jeziku, resavanje realnih problema okruzenja generalno treba da resi dihotomiju antropocentrizam - biocentrizam koja izvire iz suprotstavljajuce ljudske prirode a upravo se u ekologiji pokazuje neodrzivom. Izmedju ostalih tema preispituje se znacenje teze o ekologiji kao novoj velikoj prici, koja omogucava da nauka i demokratija nastave da napreduju i medjusobno se legitimizuju, sa stanovista univerzalnog vazenja. Takodje se preispituje delotvornost teorija iz kojih (...) se izvodi beznacajnost ljudske vrste za njeno oslobadjanje od antropocentrizma koji suzava perspektivu opstanka. PR Projekat Ministarstva nauke Republike Srbije, br. 43007: Istrazivanje klimatskih promena i njihovih uticaja na zivotnu sredinu - uticaji, adaptacija i ublazavanje. (shrink)

Two families of mathematical methods lie at the heart of investigating the hierarchical structure of genetic variation in Homo sapiens: /diversity partitioning/, which assesses genetic variation within and among pre-determined groups, and /clustering analysis/, which simultaneously produces clusters and assigns individuals to these “unsupervised” cluster classifications. While mathematically consistent, these two methodologies are understood by many to ground diametrically opposed claims about the reality of human races. Moreover, modeling results are sensitive to assumptions such as preexisting theoretical commitments to certain (...) linguistic, anthropological, and geographic human groups. Thus, models can be perniciously reified. That is, they can be conflated and confused with the world. This fact belies standard realist and antirealist interpretations of “race,” and supports a pluralist conventionalist interpretation. (shrink)

I elaborate and defend a set of metaphysical and epistemic claims that comprise what I call the acquaintance approach to introspective knowledge of the phenomenal qualities of experience. The hallmark of this approach is the thesis that, in some introspective judgments about experience, (phenomenal) reality intersects with the epistemic, that is, with the subject’s grasp of that reality. In Section 1 of the paper I outline the acquaintance approach by drawing on its Russellian lineage. A more detailed picture of the (...) approach emerges in succeeding sections, which respond to a range of objections. Some critics charge that approaches of this sort are overly idealized, in that they ignore the cognitive flaws and limitations of actual human beings. I begin to address these worries in Section 2, by arguing that the epistemic commitments of the acquaintance approach are in fact relatively modest. In Section 3, I sketch a picture of introspective reference that explains how phenomenal reality can intersect with the epistemic in a phenomenal judgment, as the acquaintance approach requires. Drawing on this picture of introspective reference, Section 4 sets out a practical strategy for achieving knowledge by acquaintance. Some contemporary acquaintance theorists (BonJour 2003, Fumerton 1996) employ demanding epistemic standards for knowledge by acquaintance, standards beyond those mandated by the acquaintance approach. In Section 5 I show that instances of introspective knowledge that meet less demanding standards can satisfy the acquaintance approach’s epistemic commitments. The final sections concern the most direct challenges to the acquaintance approach, which target the claim that phenomenal reality intersects with the epistemic. According to one such challenge, this claim is belied by the fact that possessing a phenomenal concept is a matter of having certain dispositions. Section 6 draws on a discussion by Sosa (2003) to articulate this challenge, and responds to it on behalf of the acquaintance approach. Section 7 addresses Stalnaker’s (2008) worry that, if phenomenal reality intersected with the epistemic, phenomenal information would be incommunicable. (shrink)

Evaluative claims and assumptions are ubiquitous in positive psychology. Some will deny this. But such disavowals are belied by the literature. Some will consider the presence of evaluative claims a problem and hope to root them out. But this is a mistake. If positive psychology is to live up to its raison d’être – to be the scientific study of the psychological components of human flourishing or well-being – it must make evaluative claims. Well-being consists in those things that are (...) good for us, that make life go well. Thus, one cannot investigate this topic without making claims about what is good for people and what they have reason to do. It’s time, therefore, to embrace the fact that positive psychology is value-laden. Doing so would benefit the field by allowing for more rigorous theorizing, and – perhaps counterintuitively – increasing the field’s objectivity. (shrink)

As neither a classical naturalist nor a non-naturalist, Merleau-Ponty appears to be a moderate or liberal naturalist. But can a phenomenologist really be a naturalist, even a liberal one? A lot hinges on how we tease this out, both as to whether it is plausible to claim Merleau-Ponty as a liberal naturalist (I argue it is), and as to whether it is an attractive and coherent position. Indeed, despite its important challenges to orthodox naturalism, there are arguably two traps to (...) avoid. If it becomes too liberal, we get: dualism or an ontological pluralism that is difficult to distinguish from a constructivism; or, in seeking to sidestep that metaphysical dilemma, there is sometimes an insistence on an overly neat methodological separation between description/understanding and explanation that is belied in practice (both scientific and philosophical). It is doubtful that such positions can legitimately claim to be naturalist in orientation, liberal or not. Merleau-Ponty’s philosophy avoids these traps, however, and it is thus a useful resource for contemporary work trying to navigate between scientific naturalism and non-naturalism. (shrink)

Several scholars align Nietzsche’s philosophy with Stoicism because of their naturalist approaches to ethics and doctrines of eternal re- currence. Yet this alignment is difficult to reconcile with Nietzsche’s criticisms of Stoicism’s ethical ideal of living according to nature by dispassionately accepting fate—so much so that some conclude that Nietzsche’s rebuke of Stoicism undermines his own philosophical project. I argue that affinities between Nietzsche and Stoicism belie deeper disagreement about teleology, which, in turn, yields different understandings of nature and human (...) flourishing, so that Nietzsche’s objections to Stoicism support his commitments to ethical naturalism and to affirming life’s eternal recurrence. (shrink)

We provide three innovations to recent debates about whether topological or “network” explanations are a species of mechanistic explanation. First, we more precisely characterize the requirement that all topological explanations are mechanistic explanations and show scientific practice to belie such a requirement. Second, we provide an account that unifies mechanistic and non-mechanistic topological explanations, thereby enriching both the mechanist and autonomist programs by highlighting when and where topological explanations are mechanistic. Third, we defend this view against some powerful mechanist objections. (...) We conclude from this that topological explanations are autonomous from their mechanistic counterparts. (shrink)

In the Principles of Philosophy, Descartes attempts to explicate the well-known phenomena of varying bodily size through an appeal to the concept of "solidity," a notion that roughly corresponds to our present-day concept of density. Descartes' interest in these issues can be partially traced to the need to define clearly the role of matter in his natural laws, a problem particularly acute for the application of his conservation principle. Specifically, since Descartes insists that a body's "quantity of motion," defined as (...) the product of its "size" and speed, is conserved in all material interactions, it is imperative that he explain how solidity influences the magnitude of this force. As a means of resolving this problem, Descartes postulated an idealized condition of "perfect solidity" which correlates a body's "agitation" force (a forerunner of Newton's concept of non-accelerating, or "inertial" motion) with the interplay of its volume, surface area, and composition of minute particles. This essay explores this often misunderstood aspect of Descartes' physics, as well as the special function of idealized conditions in his collision rules. Contrary to those commentators who regard "perfect solidity" as a stipulation on bodily impact, this notion, it will be argued, is primarily concerned with the internal composition of macroscopic bodies, and only indirectly with their collision characteristics. Along the way, many of Descartes' hypotheses will be shown to display a level of sophistication and intricacy that, despite their essential incompatibility, belie several of the common misconceptions of Cartesian science. (shrink)

I argue that sports clubs should be punished for bad behaviour by their fans in a way that affects the club’s sporting success: for example, we are justified in imposing points deductions and competition disqualifications on the basis of racist chanting. This is despite a worry that punishing clubs in such a way is unfair because it targets the sports team rather than the fans who misbehaved. I argue that this belies a misunderstanding of the nature of sports clubs and (...) of the nature of sporting success. Further, I argue that fans should want to be held responsible in such a way because it vindicates the significant role that they play in the life of their club. (shrink)

Let propositionalism be the thesis that all mental attitudes are propositional. Anti-propositionalists typically point at apparently non-propositional attitudes, such as fearing a dog and loving a spouse, and play defense against attempts at propositional analysis of such attitudes. Here I explore the anti-propositionalist’s prospects for going on the offensive, trying to show that some apparently propositional attitudes, notably belief and judgment, can be given non-propositional analysis. Although the notion that belief is a non-propositional attitude may seem ludicrous at first, it (...) is admirably defended by Franz Brentano, whose analysis I propose to expound, update, and deepen here. The basic strategy can be thought of as follows. First, although the grammar of belief-that reports clearly suggests a propositional attitude, the grammar of belief-in reports suggests instead an ‘objectual’ attitude. Second, with some ingenuity all belief-that reports can be paraphrased into belief-in reports. Third, given certain general considerations, this paraphraseability recommends the view that the psychological reality of belief states is objectual rather than propositional. Nonetheless, I will argue, there are two very real costs associated with this non-propositional analysis of belie. (shrink)

Hegel's Rechtsphilosophie is metaphysical, to be sure; but it is also political. To help show this I will make sense, and show the plausibility and relevance, of what appears to be one of the most metaphysical (and bizarre) claims to be found in Hegel's political philosophy: his justification of hereditary monarchy. While among Hegel scholars Hegel's theory of constitutional monarchy has been a focus of heated debate over whether Hegel is a liberal or a conservative; and has recently become a (...) focus in the debate over whether Hegel accommodated himself to the Prussian government out of fear of censorship by publishing an exoteric view endorsing hereditary monarchy that belies his �genuine�, more democratic view, to the nonspecialist Hegel's argument will seem to be of little relevance -- hereditary monarchy is not a live option for us in the 1990s. My intention in giving it serious consideration is not to have us entertain hereditary monarchy as an undeservedly neglected possibility, but rather to put the brakes on a tendency to dismiss Hegel as too much the idealist to dirty his hands with politics. (shrink)

A traditional Humean view about motivation says that only desires motivate action. This theory meshes with the familiar ‘directions of fit’ metaphor: while beli.

The purpose of this article is to present the main contributions to peace, democracy, and the philosophy of education in Colombia, made by philosopher Guillermo Hoyos-Vásquez (Medellín, 1935 – Bogotá, 2013). The work of this Colombian philosopher stands out for its important contributions to political philosophy as the vital, supportive, and responsible exercise of thought concerning the public interest. Using Kant’s concept of practical reason, Husserl’s lifeworld [Lebenswelt], and Habermas’s communicative action as starting points, Hoyos-Vásquez succeeded in going beyond these (...) political philosophers by trying to apply their ideas in the midst of the difficult context of corruption, drug trafficking and armed conflict in Colombia over the past five decades. At the same time, Hoyos-Vásquez developed throughout his life a varied public activity as a thinker and educator, belying the myth of the theoretical distance between the philosopher and his/her political present or historical reality. The thought of Guillermo Hoyos-Vásquez, and his public action as an educator, represent a substantial contribution to contemporary political and educational philosophy, maintaining a close connection between theory and practice. (shrink)

Predictive processing (PP) accounts of perception are unique not merely in that they postulate a unity between perception and imagination. Rather, they are unique in claiming that perception should be conceptualised in terms of imagination and that the two involve an identity of neural implementation. This paper argues against this postulated unity, on both conceptual and empirical grounds. Conceptually, the manner in which PP theorists link perception and imagination belies an impoverished account of imagery as cloistered from the external world (...) in its intentionality, akin to a virtual reality, as well as endogenously generated. Yet this ignores a whole class of imagery whose intentionality is directed on the actual environment—projected mental imagery—and also ignores the fact that imagery may be triggered crossmodally in a bottom-up, stimulus-driven way. Empirically, claiming that imagery and perception share neural circuitry ignores relevant clinical results in this area. These evidence substantial perception/imagery neural dissociations, most notably in the case of aphantasia. Taken together, the arguments here suggest that PP theorists should substantially temper, if not outright abandon, their claim to a perception/imagination unity. (shrink)

On the basis of psychological research, a group of philosophers known as 'situationists' argue that the evidence belies the existence of broad and stable (or 'global') character traits. They argue that this condemns as psychologically unrealistic those traditions in moral theory in which global virtues are upheld as ideals. After a survey of the debate to date, this article argues that the thesis of situationism is ill-supported by the available evidence. Situationists overlook the explanatory potential of a large class of (...) global character traits, namely, vices that do not involve other-directed malevolence, such as laziness, cowardice, and selfishness. A detailed discussion of the relevant empirical studies bearing on moral psychology shows that the behavioral patterns observed in these studies are consistent with the widespread possession of such non-malicious vices. This means, contrary to the situationist thesis, that the empirical record is fully compatible with the common existence of global character traits. (shrink)

The inoffensive title of Section 1.4.7 of Hume’s Treatise of Human Nature, ‘Conclusion of this Book’, belies the convoluted treatment of scepticism contained within. It is notoriously difficult to decipher Hume’s considered response to scepticism in this section, or whether he even has one. In recent years, however, one line of interpretation has gained popularity in the literature. The ‘usefulness and agreeableness reading’ (henceforth U&A) interprets Hume as arguing in THN 1.4.7 that our beliefs and/or epistemic policies are justified via (...) their usefulness and agreeableness to the self and others; proponents include Ardal (in Livingston & King (eds.) Hume: a re-evaluation, 1976), Kail (in: Frasca-Spada & Kail (eds.) Impressions of Hume, 2005), McCormick (Hume Stud 31:1, 2005), Owen (Hume’s reason, 1999), and Ridge (Hume Stud 29:2, 2003), while Schafer (Philosophers, forthcoming) also defends an interpretation along these lines. In this paper, I will argue that although U&A has textual merit, it struggles to maintain a substantive distinction between epistemic and moral justification—a distinction that Hume insists on. I then attempt to carve out the logical space for there being a distinctly epistemic notion of justification founded on usefulness and agreeableness. However, I find that such an account is problematic for two reasons: first, it cannot take advantage of the textual support for U&A; secondly, it is incompatible with other features of the text. (shrink)

The twentieth-century obsession with meaning often fails to address the central questions: Why are we here? Where are we going? In this radical critique of modernity, Eugene (Rochberg-) Halton resurrects pragmatism, pushing it beyond its traditional formulations to meet these questions head on. Drawing on the works of the early pragmatists such as John Dewey, George Herbert Mead, and particularly C.S. Peirce, Meaning and Modernity is an ambitious attempt to reconstruct concepts from philosophical pragmatism for contemporary social theory. Through a (...) vigorous and illuminating dialogue with other perspectives in the social sciences, (Rochberg-) Halton reveals the value of the pragmatic attitude as a mode of thought, one which speaks to the contemporary hunger for significance in a world where rationalized technique has all too often severed subject and object from their living context... Throughout the work is a sustained critique of modern culture in which (Rochberg-) Halton brings his reconstruction of the pragmatic atttude to bear on twentieth-century thought and its counterparts in the expressive arts. His engaging analysis encompasses figures as diverse as Simmel, Freud, Wittgenstein, Schoenberg, Adolph Loos, Mumford, Melville, the "Vienna School of Fantastic Realism," and Doris Lessing. The author's semiotic approach to culture allows him to move freely and easily across many disciplines, including anthropology, sociology, communications, art, literature, and philosophy. This is a work of rare originality and power that is sure to provoke discussion, for Rochberg-Halton creates new premises for understanding the human web of meaning. In a review published in the London Times Literary Supplement, Charles Townshend said that (Rochberg-) Halton's, “answer to the dilemma of modernity is a still more striking synthesis, which he labels ‘critical animism’ (as distinct from primitive animism). Meaning and Modernity belies its conventional exterior: it is a passionate tract against the 'diabolical tyranny of the rational'...He pits his researches into the attitudes of Chicagoans to their household goods and to their city against the abstract semioticians who have emptied signs of their capacity to 'live objectively in the transactions people have with them'...Such humanism will probably strike his fellow social theorists as downright weird, but his work shows that the cracking shell of modernism will provide a rich intellectual agenda.”. (shrink)

Drawing upon the practice of caregiving and the insights of feminist care ethics, I offer a phenomenology of caregiving through the work of Eva Feder Kittay and Emmanuel Lévinas. I argue that caregiving is a material dialectic of embodied response involving moments of leveling, attention, and interruption. In this light, the Levinasian opposition between responding to another's singularity and leveling it via parity-based principles is belied in the experience of care. Contra much of response ethics’ and care ethics’ respective literatures, (...) this dialectic suggests that they are complementary in ways that productively illuminate themes of each. I conclude by suggesting that when response and care ethics are thought together through the experience of caregiving, such labors produce finite responsibility with infinite hope. (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)

This essay reconsiders David Hume’s thinking on the fate of the British Empire and the future of established religion. It provides a detailed reconstruction of the development of Hume’s views on Britain’s successive attempts to impose or regain its authority over its North American colonies and compares these views with the stance taken during the American Crisis by Adam Smith and Josiah Tucker. Fresh light is shed on this area of Hume’s later political thought by a new letter, appended to (...) the essay, which at the same time provides an illuminating glimpse of his abiding preoccupation with the future of established religion. It is argued that this evidence of Hume’s privately held views belies the notion that his thinking on political and religious matters was fundamentally opposed to that of his friends among the philosophes. It is consequently misleading to regard Hume as an opponent of the more radical wing of the Enlightenment. (shrink)