This book was completed by the early 1960s and published in 1984 but it has not lost its topicality, for it contains an important re-assessment of the relations of two main streams of contemporary philosophy - the Analytical and the Dialectic. Adherents and critics of these traditions tend to assurnethat they are diametrically opposed, that their roots, concerns and approaches contradict each other, and that no reconciliation is possible. In contradistinction Russell derives both traditions from the common root of the (...) dissatisfaction with the arguments against speculative philosophy. These according to the author leave a lacuna - certain elementsof our Weltanschaaung have been removed, but they cannot be removed without replacement lest we have an incomplete world view, so incomplete in fact that it cannot be viable. According to Russell part of this vacuum is taken up by the analytical tradition but this tradition is not capable of taking up the remainder of it. That portion of the vacant space is however taken up by the dialectical tradi tion, which in turn cannot itself handle the whole of the problem. Thus the two reactions to the demise of speculative philosophy appear to be complementary in at least this sense. But the author goes further, for according to hirn the analytical arguments themselves clearly point to the emergence of dialectical problems, and the dialectical problems themselves need some such background to arise. (shrink)

In this essay, we suggest practical ways to shift the framing of crisis standards of care toward disability justice. We elaborate on the vision statement provided in the 2010 Institute of Medicine (National Academy of Medicine) “Summary of Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations,” which emphasizes fairness; equitable processes; community and provider engagement, education, and communication; and the rule of law. We argue that interpreting these elements through disability justice entails a commitment to both (...) distributive and recognitive justice. The disability rights movement's demand “Nothing about us, without us” requires substantive inclusion of disabled people in decision‐making related to their interests, including in crisis planning before, during, and after a pandemic like Covid‐19. (shrink)

To improve oneself and grow professionally, career development has been found to be crucial, as it serves as a roadmap for the professional growth of employees. However, a barrier, known as the glass ceiling, hinders the progress of employees, especially those in the LGBTQIA+ community. This study explores the impact of the glass ceiling on the career development of selected LGBTQIA+ individuals, shedding light on the barriers faced by this community in the workplace. The researchers used a qualitative multiple-case study (...) and selected ten (10) LGBTQIA+ participants from large enterprises via the judgmental sampling technique. Through thematic analysis, psychological impact, workplace discomfort, lack of recognition, and career progress challenges emerged as the impacts of the glass ceiling on the participants. Strategies for overcoming glass ceiling barriers, such as resilience, self-reflection, and community support, are identified. Thus, the study found that glass ceilings are really evident in the context of businesses. With this, the proposed advocacy plan in the study suggests interventions like workplace inclusion training, mentorship networks, and seminars on employee rights. Furthermore, it emphasizes the call for ongoing research and advocacy efforts to dismantle barriers and cultivate workplaces that not only embrace diversity but also provide equitable opportunities for career growth. (shrink)

Rawls famously argues that the parties in the original position would agree upon the two principles of justice. Among other things, these principles guarantee equal political liberty—that is, democracy—as a requirement of justice. We argue on the contrary that the parties have reason to reject this requirement. As we show, by Rawls’ own lights, the parties would be greatly concerned to mitigate existential risk. But it is doubtful whether democracy always minimizes such risk. Indeed, no one currently knows which political (...) systems would. Consequently, the parties—and we ourselves—have reason to reject democracy as a requirement of justice in favor of political experimentalism, a general approach to political justice which rules in at least some non-democratic political systems which might minimize existential risk. (shrink)

In a friendly interdisciplinary debate, we interrogate from several vantage points the question of “personhood” in light of contemporary and near-future forms of social AI. David J. Gunkel approaches the matter from a philosophical and legal standpoint, while Jordan Wales offers reflections theological and psychological. Attending to metaphysical, moral, social, and legal understandings of personhood, we ask about the position of apparently personal artificial intelligences in our society and individual lives. Re-examining the “person” and questioning prominent construals of that category, (...) we hope to open new views upon urgent and much-discussed questions that, quite soon, may confront us in our daily lives. (shrink)

In this article, we propose the Fair Priority Model for COVID-19 vaccine distribution, and emphasize three fundamental values we believe should be considered when distributing a COVID-19 vaccine among countries: Benefiting people and limiting harm, prioritizing the disadvantaged, and equal moral concern for all individuals. The Priority Model addresses these values by focusing on mitigating three types of harms caused by COVID-19: death and permanent organ damage, indirect health consequences, such as health care system strain and stress, as well as (...) economic destruction. It proposes proceeding in three phases: the first addresses premature death, the second long-term health issues and economic harms, and the third aims to contain viral transmission fully and restore pre-pandemic activity. -/- To those who may deem an ethical framework irrelevant because of the belief that many countries will pursue "vaccine nationalism," we argue such a framework still has broad relevance. Reasonable national partiality would permit countries to focus on vaccine distribution within their borders up until the rate of transmission is below 1, at which point there would not be sufficient vaccine-preventable harm to justify retaining a vaccine. When a government reaches the limit of national partiality, it should release vaccines for other countries. -/- We also argue against two other recent proposals. Distributing a vaccine proportional to a country's population mistakenly assumes that equality requires treating differently situated countries identically. Prioritizing countries according to the number of front-line health care workers, the proportion of the population over 65, and the number of people with comorbidities within each country may exacerbate disadvantage and end up giving the vaccine in large part to wealthy nations. (shrink)

All parties involved in researching, developing, manufacturing, and distributing COVID-19 vaccines need guidance on their ethical obligations. We focus on pharmaceutical companies' obligations because their capacities to research, develop, manufacture, and distribute vaccines make them uniquely placed for stemming the pandemic. We argue that an ethical approach to COVID-19 vaccine production and distribution should satisfy four uncontroversial principles: optimising vaccine production, including development, testing, and manufacturing; fair distribution; sustainability; and accountability. All parties' obligations should be coordinated and mutually consistent. For (...) instance, companies should not be obligated to provide host countries with additional booster shots at the expense of fulfilling bilateral contracts with countries in which there are surges. Finally, any satisfactory approach should include mechanisms for assurance that all parties are honouring their obligations. This assurance enables countries, pharmaceutical companies, global organisations, and others to verify compliance with the chosen approach and protect ethically compliant stakeholders from being unfairly exploited by unethical behaviour of others. (shrink)

In Big Gods, Norenzayan (2013) presents the most comprehensive treatment yet of the Big Gods question. The book is a commendable attempt to synthesize the rapidly growing body of survey and experimental research on prosocial effects of religious primes together with cross-cultural data on the distribution of Big Gods. There are, however, a number of problems with the current cross-cultural evidence that weaken support for a causal link between big societies and certain types of Big Gods. Here we attempt to (...) clarify these problems and, in so doing, correct any potential misinterpretation of the cross-cultural findings, provide new insight into the processes generating the patterns observed, and flag directions for future research. (shrink)

Psychopathic individuals display a callous-coldhearted approach to interpersonal and affective situations and engage in impulsive and antisocial behaviors. Despite early conceptualizations suggesting that psychopathy is related to enhanced cognitive functioning, research examining executive functioning (EF) in psychopathy has yielded few such findings. It is possible that some psychopathic trait dimensions are more related to EF than others. Research using a 2-factor or 4-facet model of psychopathy highlights some dimension-specific differences in EF, but this research is limited in scope. Another complicating (...) factor in teasing apart the EF–psychopathy relationship is the tendency to use different psychopathy assessments for incarcerated versus community samples. In this study, an EF battery and multiple measures of psychopathic dimensions were administered to a sample of male prisoners (N. (shrink)

Academic excellence and intelligence are commonly lauded as commendable attributes synonymous with success. However, a disconcerting trend has surfaced within educational institutions, challenging the prevailing narrative of scholastic accomplishment—smart shaming. This research delves into the increasing concern of smart shaming within educational settings, particularly at Immaculate Conception College of Balayan, Inc., questioning the predominant emphasis on academic excellence and intelligence. A qualitative case study design, along with judgmental sampling, was employed to examine fifteen (15) student leaders who had experienced smart (...) shaming on campus. Thematic analysis revealed that sarcastic remarks including "edi wow," "Okay ikaw na matalino," "bidabida," and "sipsip" were a prevalent manifestation of smart shaming, adversely affecting emotional well-being, academic and leadership prowess, mental health, and self-perception. Coping mechanisms, predominantly centered around ignoring and focusing on goals, were identified. The findings underscore the imperative for educators to remain vigilant regarding instances of smart shaming in classrooms, promoting open communication to ensure student well-being. Additionally, guidance counselors play a pivotal role in aiding students in effectively navigating the repercussions of smart shaming. This study advocates for proactive programs and interventions to address and alleviate the deleterious effects of smart shaming on students. (shrink)

Despite the frequency of stillbirths, the subsequent implications are overlooked and underappreciated. We present findings from comprehensive, systematic literature reviews, and new analyses of published and unpublished data, to establish the effect of stillbirth on parents, families, health-care providers, and societies worldwide. Data for direct costs of this event are sparse but suggest that a stillbirth needs more resources than a livebirth, both in the perinatal period and in additional surveillance during subsequent pregnancies. Indirect and intangible costs of stillbirth are (...) extensive and are usually met by families alone. This issue is particularly onerous for those with few resources. Negative effects, particularly on parental mental health, might be moderated by empathic attitudes of care providers and tailored interventions. The value of the baby, as well as the associated costs for parents, families, care providers, communities, and society, should be considered to prevent stillbirths and reduce associated morbidity. (shrink)

The following essay responds to a draft article that criticises the theory of libertarian restitution in “Libertarian Rectification: Restitution, Retribution, and the Risk-Multiplier” (LR). The article was freely available to internet search engines. Hence, it seems fair and useful to reply to these very welcome objective criticisms. It is not intellectually relevant that its author might subsequently and subjectively have thought better of them, possibly as a result of the earlier version of this reply. Generally, the article misconstrues the position (...) on retribution in LR. Eventually, it makes apparent qualifications to its own position such that there does not seem to be any clear theoretical difference between the two on the central disputed issue. LR’s position is to explain and defend only the non-normative theory of libertarian restitution: full restoration or compensation to the damaged (initiatedly imposed on) party. But it is argued that this can include a retributive aspect if that is what the victim prefers. Moreover, such restitution will tend to act as a deterrent that maximises both overall interpersonal liberty (theorised as no initiated imposed costs) and human welfare (theorised as preference satisfaction). (shrink)

Joseph Almog pointed out that Kripkean causal chains not only exist for names, but for all linguistic items (Almog 1984: 482). Based on this, he argues that the role of such chains is the presemantic one of assigning a linguistic meaning to the use of a name (1984: 484). This view is consistent with any number of theories about what such a linguistic meaning could be, and hence with very different views about the semantic reference of names. He concludes (...) that the causal theory is ‘rather trivial’ (1984: 487). In this paper I argue that Almog is correct to hold that the causal theory is trivial, but, contra Almog, argue that the triviality of the existence of causal chains is not a matter of such chains having a presemantic role in assigning linguistic meanings to utterances. Instead, such triviality is due to the fact that the causal theory reflects no more than a truism about the epistemology of convention acquisition. (shrink)

The writings of Joseph Henry Woodger (1894–1981) are often taken to exemplify everything that was wrongheaded, misguided, and just plain wrong with early twentieth-century philosophy of biology. Over the years, commentators have said of Woodger: (a) that he was a fervent logical empiricist who tried to impose the explanatory gold standards of physics onto biology, (b) that his philosophical work was completely disconnected from biological science, (c) that he possessed no scientific or philosophical credentials, and (d) that his work (...) was disparaged – if not altogether ignored – by the biologists and philosophers of his era. In this paper, we provide the first systematic examination of Woodger’s oeuvre, and use it to demonstrate that the four preceding claims are false. We argue that Woodger’s ideas have exerted an important influence on biology and philosophy, and submit that the current consensus on his legacy stems from a highly selective reading of his works. By rehabilitating Woodger, we hope to show that there is no good reason to continue to disregard the numerous contributions to the philosophy of biology produced in the decades prior to the professionalization of the discipline. (shrink)

Invited Commentary On: Graziano, M. S. A., Guterstam, A., Bio, B. J., Wilterson, A. I. (2019). Toward a standard model of consciousness: Reconciling the attention schema, global workspace, higher order thought, and illusionist theories. Cognitive Neuropsychology.

Early in the eleventh of his Fifteen Sermons, Joseph Butler advances his best-known argument against psychological hedonism. Elliott Sober calls that argument Butler’s stone, and famously objects to it. I consider whether Butler’s stone has philosophical value. In doing so I examine, and reject, two possible ways of overcoming Sober’s objection, each of which has proponents. In examining the first way I discuss Lord Kames’s version of the stone argument, which has hitherto escaped scholarly attention. Finally, I show that (...) Butler’s stone does something important, which I have not found previously discussed. Butler’s stone blocks an inference, persuasive to many people, which purports to show that we intrinsically desire only pleasure. (shrink)

Review of Joseph Y. Halpern (ed.), Theoretical Aspects of Reasoning About Knowledge: Proceedings of the 1986 Conference (Los Altos, CA: Morgan Kaufmann, 1986),.

Does epistemic justification aim at truth? The vast majority of epistemologists instinctively answer 'Yes'; it's the textbook response. Joseph Cruz and John Pollock surprisingly say no. In 'The Chimerical Appeal of Epistemic Externalism' they argue that justification bears no interesting connection to truth; justification does not even aim at truth. 'Truth is not a very interesting part of our best understanding' of justification (C&P 2004, 137); it has no 'connection to the truth.' A 'truth-aimed ... epistemology is not entitled (...) to carry the day' (C&P 2004, 138, emphasis added).Pollock and Cruz's argument for this surprising conclusion is of general interest for it is 'out of step with a very common view on the .. (shrink)

This book’s goal is to give an intellectual context for the following manuscript. -/- Includes bibliographical references and an index. Pages 1-123. 1). Philosophy. 2). Metaphysics. 3). Philosophy, German. 4). Philosophy, German -- 18th century. 5). Philosophy, German and Greek Influences Metaphysics. I. Hegel, Georg Wilhelm Friedrich -- 1770-1831 -- Das älteste Systemprogramm des deutschen Idealismus. II. Rosenzweig, Franz, -- 1886-1929. III. Schelling, Friedrich Wilhelm Joseph von, -- 1775-1854. IV. Hölderlin, Friedrich, -- 1770-1843. V. Ferrer, Daniel Fidel, 1952-. [Translation (...) from German into English of the-- Das älteste Systemprogramm des deutschen Idealismus.]. -/- Note: the manuscript is in the handwriting of G.W.F. Hegel, but the actual authorship is disputed. No date is given. Franz Rosenzweig made up the title as it is known today. He published the text in 1917. At that time, F. Rosenzweig thought F.W.J. Schelling was the author. No one has read this book for errors. As always, any errors, mistakes or oversights etc. are mine alone. Given a couple more years, I could improve this book. This is a philosophical translation and not a philological translation. Martin Luther who did the famous early translation of the Bible into German wrote in a letter, “If anyone does not like my translation, they can ignore it… (September 15, 1530)”. There are no ‘correct’ translations. Some are just better than other translations. -/- The Oldest Systematic Program of German Idealism. The German title is: Das Älteste Systemprogramm Des Deutschen Idealismus. This title was made up by Franz Rosenzweig in 1917, when he first published the manuscript. He found the manuscript in the Royal Library in Berlin in 1913. The manuscript suggested date is around 1796 and was done by handwriting research. However, the manuscript is not dated. The Prussian State Library auctioned in March 1913 from the auction of the house Liepmannssohn in Berlin a single sheet on the front and back with Hegel's cursive handwriting. The manuscript was lost during WWII. But Dieter Henrich found it again in 1979 in the “Biblioteka Jagiellonska” in Krakow (Poland), where it is today. Address: Jagiellonian Library, Jagiellonian University, al. Mickiewicza 22, 30-059 Cracow, Poland. Later research suggests that manuscript had come from the estate of Hegel’s student Friedrich Christoph Förster (1791-1868). He was one of the editors of Hegel’s posthumous works and most likely had access to a number of Hegel’s manuscripts. This text actually being one of them. Hegel traveled around Bohemia with Marie and Friedrich Christoph Förster around the year 1820-21 (see Klaus Vieweg). -/- Philosophical mystery -- who is the author or authors of this text? -/- Take a plunge into the deep and cold waters. Maybe a quagmire or quandary, but decidedly interesting. This project is to contextualize an old handwritten manuscript which is about 225 years old. The actual author is a mystery. I offer my own assessment. You can make your own assessments. The mystery has continued to unfold since 1917. There is plenty to read. Otherwise, think about the authorship and read more of the German philosophers and authors from this period and enjoy the depth of thinking and philosophizing. On one hand, there is just the sheer fun in the puzzle of the authorship questions; and on the other hand, these are the alluring thoughts that lead to the nascent stage of German Idealism and our intellectual heritage. There is no end to the accolades for this group of philosophers. A heritage that we still hear in in our attempts to move forward into our future. -/- Do your own astute exegesis (ἐξήγησις) as all paths are still open. Let your thought take to the wings of what is called thinking with this text. Critical encounters (Auseinandersetzung, or a Gegenüberstellung) with at least: Friedrich Hölderlin (1770-1843) Friedrich Wilhelm Joseph Schelling (1775-1854), and Georg Wilhelm Friedrich Hegel (1770-1831) --- starts here! German Idealism. We are not going to study this situation endlessly, instead we make some broad strokes and provide you a general context. You are allowed to read between the lines too. Goal: to understand the overall affinity and differences between the intellectuals of this period in German history; and to come to grips with this demanding text within its large scholarly context in the last 100 years. There are no final answers. (shrink)

Exploratory factor analysis (EFA) of the Psychopathic Personality Inventory (PPI; S. O. Lilienfeld, 1990; S. O. Lilienfeld & B. P. Andrews, 1996) with a community sample has suggested that the PPI subscales may comprise 2 higher order factors (S. D. Benning, C. J. Patrick, B. M. Hicks, D. M. Blonigen, & R. F. Krueger, 2003). However, substantive and structural evidence raises concerns about the viability of this 2-factor model, particularly in offender populations. The authors attempted to replicate the S. D. (...) Benning et al. 2-factor solution using a large (N= 1,224) incarcerated male sample. Confirmatory factor analysis of this model resulted in poor model fit. Similarly, using the same EFA procedures as did S. D. Benning et al., the authors found little evidence for a 2-factor model. When they followed the recommendations of J.-W. van Prooijen and W. A. van der Kloot (2001) for recovering EFA solutions, model fit results provided some evidence that a 3-factor EFA solution could be recovered via confirmatory factor analysis. (shrink)

Joseph Butler was an Anglican priest and later a bishop who wrote about ethics, religion, and other philosophical themes. He is not well known today. During his lifetime and into the early part of the twentieth century he was better known especially for his major work the Analogy of Religion (1736). Today he is known mostly for his sermons which are interpreted as essays on ethics and for his essay on identity. Butler had a profound effect on J. H. (...) Newman, Matthew Arnold, and W. E. Gladstone and some effect on many other popular, academic, and professional readers. This book is as much about Butler’s sources and his reception as it is about the way he arranged and presented the evidence in the first half of the 18th century. He was a good man and is recognized by the Anglican church as a divine. We have no interest in taking a nostalgic look at a quaint figure in English church history. To those who claim Butler is unknown, that he was “blown out of the water” by John Wesley or Karl Barth, or Cornelius van Til, we can only say Butler is not as well known in the 20th and 21st centuries as in the 19th, but he is certainly not unknown to those who have taken any interest in philosophy, religion, or ethics. Today there has been a revival of interest in Bishop Butler. Our concern is to build and maintain a bridge that will help to keep this momentum. He offers an ethic that is universal and clearly Christian, yet it is based on the nature of man. Kant had a similar project, but in our opinion, Butler makes more compelling arguments. What is of interest to the Christian apologist is Butler’s work in this area. The purpose of this book is to present Butler’s ideas. We believe that his ethics have a universality that is applicable to people of all religious faiths and those that have none. It is common sense way of looking at ethics for everyday interaction. This book is a narrative argument presenting in detail how Butler’s creative arrangement of the evidence served as a bridge between the ancients as known in the Greek, Latin, and Hebrew originals, and the moderns, mostly Anglophone, who constituted Butler’s work environment and his reception in the latter day down to the present. We can hardly expect everyone to agree with Butler on all points, we certainly do not. The point at issue is rather whether he merits a seat at the present-day round table of deliberation on matters pertaining to philosophy, religion, and ethics. (shrink)

In the last few decades, the historiographical categories rationalism and empiricism have been criticized for their limitations to explain the complex positions and the links held by the philosophers tradiotnally attached to them. This narrative was firstly conceived by Kantian German historians and began to become standard at the turn of the twentieh century. Nonetheless, nineteenth-century French historiography developed other narratives by which early modern philosophers were classified according to alternative criteria. In the first edition of Histoire comparée des systémes (...) de philosophie (1804), Joseph-Marie Degérando distinguishes three first-order early modern schools founded by Bacon, Descartes and Leibniz, respectively. Degérando introduces the empiricism and rationalism distinction as one among others, and not as the fundamental one. In addition, he separates empiricism from experimental philosophy. The last one, along with speculative philosophy, is said to conciliate senses and reason. As a result, this account offers philosophical groupings different from those constructed by the standard narrative. Furthermore, it draws on labels and classification criteria which were part of the early modern philosophical discourse. (shrink)

From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version (...) of the sources thesis (which is what Raz intends to prove). In conclusion, we return to the arguments presented, concluding with a possible difficulty for the adoption of exclusive positivism by people inside a legal practice. (shrink)

This paper pays tribute to the distinguished legal and political philosopher Joseph Raz, who recently passed away. I present a response to Donald Davidson on conceptual schemes which tries to imitate Raz’s writing style, which attracts me despite the difficulties it poses. The response includes a definition.

This paper considers whether the saying, “It’s who you know, not what you know” can be used instead of jargon-laden studies of inequality. I argue that it is not a good replacement in some cases and present a challenge to standard Bourdieusian explanations of inequality in some fields. The paper is written as a pastiche of the distinguished political philosopher Joseph Raz.

Joseph Persky's excellent book, The Political Economy of Progress: John Stuart Mill and Modern Radicalism, shows that J. S. Mill's support for socialism is a carefully considered element of his political and economic reform agenda. The key thought underlying Persky's argument is that Mill has an ‘evolutionary theory of justice’, according to which the set of institutions and practices that are appropriate to one state of society should give way to a new set of institutions as circumstances change and (...) the people themselves improve. However, Persky does not spend a great deal of time discussing Mill's theory of reform, in particular the principles he believes should guide our reform efforts. Reflecting on these principles – notably his principle of impartiality or equal treatment – shows the consistency of Mill's thought over time. (shrink)

Authors: Joseph M. Eble, John A. Di Camillo, Peter J. Colosi. --- NEWS RELEASE For Immediate Release February 27, 2024 Contact: Joseph M. Eble, MD Corresponding author 919-667-5206 -/- The statement, Catholics United on Brain Death and Organ Donation: A Call to Action (HTML), was published on February 27, 2024. It was prepared by Joseph Eble, a physician and President of the Tulsa Guild of the Catholic Medical Association; John Di Camillo, an ethicist of The National Catholic (...) Bioethics Center; and Peter Colosi, a philosophy professor at Salve Regina University. -/- Catholic United explains that the criteria for brain death establish only partial loss of brain function. This is now abundantly clear based on scientific studies, a recent effort to lower the legal standard for death, and updated brain death guidelines issued in October 2023. -/- Catholics United bridges a divide among faithful Catholics about whether the concept of brain death aligns with Church teaching. Some Catholics hold that brain death represents true death when there is complete and irreversible cessation of all brain activity, often called whole brain death. Others hold that brain death does not represent true death. Since the existing criteria establish only partial loss of brain function, all the endorsers—whether they accept or reject whole brain death as true death—agree that “the current brain death criteria in widespread use do not provide moral (prudential) certainty of death.” -/- Catholics United calls on health care professionals and institutions to cease organ harvesting that relies on the inadequate criteria, noting that 70% of all donors are declared dead using brain death criteria. “Given the lack of moral certainty of death whenever the current brain death criteria are used,” the statement affirms, “a clear majority of vital organ donors can be presumed alive at the time of organ harvesting.” Since the Catholic Church forbids removing vital organs when this would kill the patient, “it is therefore wrong to remove organs from patients declared dead using these inadequate criteria.” . (shrink)

The speech-act approach to rules is commonplace in both Anglo-American and continental traditions of legal philosophy. Despite its pervasiveness, I argue in this paper that the approach is misguided and therefore intrinsically flawed. My critique identifies how speech-act theory provides an inadequate theoretical framework for the analysis of written discourse, a case in point being legal text. Two main misconceptions resulting from this misguided approach are the fallacy of synchronicity and the fallacy of a-discursivity. The former consists of treating legal (...) rules as if they were uttered and received in the same context, the latter consists of treating legal rules as relatively short, isolated sentences. Among the consequences of these fallacies are an excessive focus on the lawmakers’ semantic intentions and the neglect of the semantic and pragmatic complexity of rules as sets of utterances (discourses) -/- To redress these flaws, I propose analysing legal rules through the prism of complex text-acts. My paper presents the consequences of this revised approach for legal interpretation, supporting Joseph Raz's idea of minimal legislative intent. (shrink)

This is an Editorial Note for the special volume of the journal Manuscrito (42: 4) devoted to Aristotle's theory of demonstration and its logical and metaphysical entanglements, which has been organized by me and Breno Zuppolini (as Guest Editors), with papers authored by Benjamin Morison, Owen Goldin, David Bronstein, Michail Peramatzis, Andrea Falcon, Laura Castelli, Paolo Fait, Joseph Karbowski, Adam Crager, Klaus Corcilius, Robert J. Hankinson, Raphael Zillig and Pieter Sjoerd Hasper.

My aim in this paper is to show that some parts of J. M. Bocheński’s account of the logic of religion are useful for epistemological investigation of a religious belief, particularly for the questions of realistic and cognitive interpretations of a religious discourse, the problems of justification and warrant of a religious belief and for the problem of the place of criticism in a religious discourse. Referring to Bocheński's understanding of the structure of religious/theological thinking, I present the criteria for (...) the gradual rationality of religion and claim that religions may differ in rationality and that there may be a rational and critical religion that uses the achievements of science and philosophy - contrary to what the New Atheists claim. (shrink)

What happens when someone acts? A familiar answer goes like this. There is something that the agent wants, and there is an action that he believes conducive to its attainment. His desire for the end, and his belief in the action as a means, justify taking the action, and they jointly cause an intention to take it, which in turn causes the corresponding movements of the agent's body. I think that the standard story is flawed in several respects. The flaw (...) that will concern me in this paper is that the story fails to include an agent-or, more precisely, fails to cast the agent in his proper role. (shrink)

Identifying the necessary and sufficient conditions for individuating and classifying diseases is a matter of great importance in the fields of law, ethics, epidemiology, and of course, medicine. In this paper, I first propose a means of achieving this goal, ensuring that no two distinct disease-types could correctly be ascribed to the same disease-token. I then posit a metaphysical ontology of diseases—that is, I give an account of what a disease is. This is essential to providing the most effective means (...) of interfering with disease processes. Following existing work in the philosophy of medicine and epidemiology (primarily Christopher Boorse; Caroline Whitbeck; Alexander Broadbent), philosophy of biology (Joseph LaPorte; D.L. Hull), conditional analyses of causation (J.L. Mackie; David Lewis), and recent literature on dispositional essentialism (Stephen Mumford and Rani Anjum; Alexander Bird), I endorse a dispositional conception of disease. Following discussion of various conceptions of disease-identity, their relations to the clinical and pathological effects of the diseases in question, and how diseases are treated, I conclude (i) that diseases should be individuated by their causes, and (ii) that diseases are causal processes best seen as simultaneously acting sequences of mutually manifesting dispositions. (shrink)

The agent portrayed in much philosophy of action is, let's face it, a square. He does nothing intentionally unless he regards it or its consequences as desirable. The reason is that he acts intentionally only when he acts out of a desire for some anticipated outcome; and in desiring that outcome, he must regard it as having some value. All of his intentional actions are therefore directed at outcomes regarded sub specie boni: under the guise of the good. This agent (...) is conceived as being capable of intentional action—and hence as being an agent—only by virtue of being a pursuer of value. I want to question whether this conception of agency can be correct. Surely, so general a capacity as agency cannot entail so narrow a cast of mind. Our moral psychology has characterized, not the generic agent, but a particular species of agent, and a particularly bland species of agent, at that. It has characterized the earnest agent while ignoring those agents who are disaffected, refractory, silly, satanic, or punk. I hope for a moral psychology that has room for the whole motley crew. I shall begin by examining why some philosophers have thought that the attitudes motivating intentional actions involve judgments of value. I shall then argue that their conception of these attitudes is incorrect. Finally, I shall argue that practical reason should not be conceived as a faculty for pursuing value. (shrink)

Existing accounts of shared intention (by Bratman, Searle, and others) do not claim that a single token of intention can be jointly framed and executed by multiple agents; rather, they claim that multiple agents can frame distinct, individual intentions in such a way as to qualify as jointly intending something. In this respect, the existing accounts do not show that intentions can be shared in any literal sense. This article argues that, in failing to show how intentions can be literally (...) shared, these accounts fail to resolve what seems problematic in the notion of shared intention. It then offers an account in which the problem of shared intention is resolved, because intention can indeed be literally shared. This account is derived from Margaret Gilbert’s notion of a “pool of wills,” to which it applies Searle’s definition of intention. (shrink)

A story does more than recount events; it recounts events in a way that renders them intelligible, thus conveying not just information but also understanding. We might therefore be tempted to describe narrative as a genre of explanation. When the police invite a suspect to “tell his story,” they are asking him to explain the blood on his shirt or his absence from home on the night of the murder; and whether he is judged to have a “good story” will (...) depend on its adequacy as an explanation. Can we account for the explanatory force of narrative with the models of explanation available in the philosophy of science? Or does narrative convey a different kind of understanding, which requires a different model and perhaps even a term other than ‘explanation’? (shrink)

The terms `endurance' and `perdurance' are commonly thought to denote distinct ways for an object to persist, but it is surprisingly hard to say what these are. The common approach, defining them in terms of temporal parts, is mistaken, because it does not lead to two coherent philosophical alternatives: endurance so understood becomes conceptually incoherent, while perdurance becomes not just true but a conceptual truth. Instead, we propose a different way to articulate the distinction, in terms of identity rather than (...) temporal parts: an object endures if its identity is determined at every moment at which it exists. We make precise what it means for the identity of an object to be determined at a moment. We also discuss what role the endurance / perdurance distinction, so understood, should play in the debates about time, material objects and personal identity. (shrink)

In the present book, the starting line is defined by a morphogenetic perspective on human communication and culture. The focus is on visual communication, music, religion (myth), and language, i.e., on the “symbolic forms” at the heart of human cultures (Ernst Cassirer). The term “morphogenesis” has more precisely the meaning given by René Thom (1923-2002) in his book “Morphogenesis and Structural Stability” (1972) and the notions of “self-organization” and cooperation of subsystems in the “Synergetics” of Hermann Haken (1927- ). The (...) naturalization of communication and cultural phenomena is the favored strategy, but the major results of the involved disciplines (art history, music theory, religious science, and linguistics) are respected. Visual art from the Paleolithic to modernity stands for visual communication. The present book focuses on studies of classical painting and sculpture (e.g., Leonardo da Vinci, William Turner, and Henry Moore) and modern art (e.g., Jackson Pollock and Joseph Beuys). Musical morphogenesis embraces classical music (from J. S. Bach to Arnold Schönberg) and political songwriting (Bob Dylan, Leonhard Cohen). The myths of pre-literary societies show the effects of self-organization in the re-assembly (bricolage) of traditions. Classical polytheistic and monotheistic religions demonstrate the unfolding of basic germs (religious attractors) and their reduction in periods of crisis, the self-organization of complex religious networks, and rationalized macro-structures (in theologies). Significant tendencies are analyzed in the case of Buddhism and Christianism. Eventually, a holistic view of symbolic communication and human culture emerges based on state-of-the-art in evolutionary biology, cognitive science, linguistics, and semiotics (philosophy of symbolic forms). (shrink)

In this article, I put forward an approach to business ethics that focuses on the notion of “implicit morality of the market”. I therefore try to identify the main components of this implicit morality of the market and expose the advantages of taking such a stance to think about the obligations of firms. In order to do so, I try to shed some light, drawing on recent works by Joseph Heath, on the potential normative role of the concept of (...) market failures as articulated in economic theory. I finish by examining three problems that this approach is facing.RÉSUMÉDans cet article, je mets en avant une approche de l’éthique du commerce centrée sur la notion de « moralité implicite du marché ». J’essaie d’identifier les grands traits de cette moralité impli- cite du marché en plus d’exposer les avantages d’adopter une telle approche pour penser les obli- gations des firmes. Pour ce faire, je tente, en m’inspirant de travaux récents de Joseph Heath, de mettre en lumière le rôle proprement normatif que peut jouer le concept de défaillances des mar- chés tel que développé dans la théorie économique. Je termine en examinant trois problèmes auxquels fait face l’approche proposée ici. (shrink)

[English in PhilArchive, unpublished]. Ruđer Bošković's (Rogerius Joseph Boscovich, 1711-1787) induction is described as a reasoning procedure that combines abductive, generalizing and deductive forms of inference. According to Bošković, the application of inductive reasoning extends beyond natural science. Bošković's critique of the use of the principle of sufficient reason is discussed, and constructive rules of Bošković's inductive logic are proposed from the standpoint of contemporary justification logic. To that end, justification logic could be extended with Bošković's typology of reasons. (...) Hunter's result (1965) is conceived as a confirmation that the inference from the constructive defectus rationis is a necessary component of Bošković's induction. - English version in _PhilArchive_. (shrink)

I offer an account of how ideals motivate us. My account suggests that although emulating an ideal is often rational, it can lead us to do irrational things. * This is the third in a series of four papers on narrative self-conceptions and their role in moral motivation. In the first paper, “The Self as Narrator” (to appear in Autonomy and the Challenges to Liberalism: New Essays, ed. Joel Anderson and John Christman), I explore the motivational role of narrative self-conceptions, (...) drawing on Daniel Dennett’s notion of the self as a “center of narrative gravity”. In the second paper, “Willing the Law” (in Practical Conflicts, ed. Monika Betzler and Peter Baumann [Cambridge: Cambridge University Press, forthcoming]), I explore the role of selfconceptions in Kantian “conflicts in the will”, drawing on Christine Korsgaard’s notion of “practical identities”. In a fourth paper, “A Sense of Self” (ms), I explore the role of narrative self-con-ceptions in Kantian “conflicts in conception”, drawing on the work of Thomas Nagel and John Perry on the self. (shrink)

I reconstruct Kant's derivation of the Categorical Imperative (CI) as an argument that deduces what the voice of conscience must say from how it must sound - that is, from the authority that is metaphorically attributed to conscience in the form of a resounding voice. The idea of imagining the CI as the voice of conscience comes from Freud; and the present reconstruction is part of a larger project that aims to reconcile Kant's moral psychology with Freud's theory of moral (...) development. As I reconstruct it, Kant's argument yields an imperative commanding us to act for reasons whose validity we can consistently will to be common knowledge among all agents. Universalizing a maxim thus turns out to consist in willing, not that there be some universally quantified rule of conduct, but rather that a principle of practical reasoning be common knowledge - as a principle of reasoning ought to be. (shrink)

I have therefore decided to venture out of the philosophical armchair in order to examine the empirical evidence, as gathered by psychologists aiming to prove or disprove motivational conjectures like mine. By and large, this evidence is indirect in relation to my account of agency, since it is drawn from cases in which the relevant motive has been forced into the open by the manipulations of an experimenter. The resulting evidence doesn’t tend to show the mechanism of agency humming along (...) in accordance with my specifications; it tends to show the knocks and shudders that such a mechanism emits when put under stress. But we often learn about the normal workings of things by subjecting them to abnormal conditions; and viewed in this light, various programs of psychological research offer indirect support to my account of agency. I’ll begin by reviewing the relevant research, leaving its relevance to my account of agency for the final section of the paper. (shrink)

ABSTRACT: Recent work in moral theory includes an intriguing new argument that the vagueness of moral properties, together with two well-known and well-received metaethical principles, entails the incredible conclusion that it is impossible to be moral. I show that the argument equivocates between “it is true that A and B are morally indistinguishable” and “it is not false that A and B are morally indistinguishable.” As expected the argument is interesting but unsound. It is therefore not impossible to be moral.RÉSUMÉ: (...) Les travaux récents en théorie morale comprennent un nouvel argument intrigant voulant que le caractère vague des propriétés morales, joint à deux principes métaéthiques bien connus et généralement admis, entraîne une conclusion incroyable, soit qu’il est impossible d’être moral. Je montre que cet argument entretient l’équivoque entre «il est vrai que A et B sont moralement impossibles à distinguer» et «il n’est pas faux que A et B soient moralement impossibles à distinguer». Comme on s’y attendait, l’argument est intéressant mais mal fondé. Il n’est donc pas impossible d’être moral. (shrink)

A partir do século XIX, a teoria democrática foi desenvolvida com base no confronto entre duas doutrinas políticas: o liberalismo e o socialismo. O liberalismo é um projeto que defende as limitações dos poderes governamentais, buscando a proteção dos direitos econômicos, políticos, religiosos e intelectuais dos membros da sociedade. Ou seja, para os liberais o poder do Estado deve ser limitado, pois eles acreditam que a verdadeira liberdade depende da menor interferência possível do Estado e das leis nesses direitos. A (...) defesa do liberalismo tem como principal representante Benjamin Constant. Membro da Assembleia Nacional Francesa, escreveu a obra A liberdade dos antigos comparada com a dos modernos, na qual afirma que a liberdade dos modernos, que deve ser promovida e desenvolvida, é a liberdade individual na relação com o Estado (ou seja, as liberdades civis e políticas), enquanto a liberdade dos antigos, que se tornou impraticável, é a liberdade de participação direta na formação das leis.1 Outros autores como, como o francês Alexis de Tocqueville2 e o inglês John Stuart Mill3 , defenderam a ideia de que a única estrutura democrática compatível com o Estado liberal seria a democracia representativa. Uma passagem interessante para o nosso debate sobre a democracia é o princípio do dano, de Stuart Mill. Por esse princípio, cada indivíduo tem o direito de agir como quiser desde que suas ações não prejudiquem outras pessoas. Se a ação afeta diretamente apenas a pessoa que a está realizando, a sociedade em tese não tem o direito de intervir, mesmo que o indivíduo esteja prejudicando a si próprio. Contudo, se os indivíduos fizerem algo ruim para si mesmos ou para sua propriedade podem indiretamente prejudicar a coletividade, já que ninguém vive isolado, devendo por isso ser impedidos de fazê-lo. Stuart Mill isenta desse princípio aqueles que são incapazes de se governar. Em síntese, todo o processo de democratização, como se deu nos Estados liberais democráticos, consiste numa transformação mais quantitativa do que qualitativa do regime representativo. Ou seja, o avanço da democracia nesses regimes ocorre em duas direções: no alargamento gradual do direito do voto e na multiplicação dos órgãos representativos. Para a doutrina socialista, o sufrágio universal é apenas o ponto inicial do processo de democratização do Estado, enquanto para o liberalismo é o ponto de chegada. Alguns dos principais teóricos do socialismo, como Antonio Gramsci4 e Rosa Luxemburgo5 , afirmam que o aprofundamento do processo de democratização na perspectiva das doutrinas socialistas ocorre de dois modos: por meio da crítica à democracia representativa (e da retomada de alguns temas da democracia direta) e pela ampliação da da participação popular e do controle do poder por meio dos chamados “conselhos operários”. Em outras palavras, a diferença crucial entre a democracia dos conselhos e a democracia parlamentar é que a primeira reconhece ter havido um deslocamento dos centros de poder dos órgãos tradicionais do Estado para a grande empresa, na sociedade capitalista. Por isso, o controle que o cidadão pode exercer por meio dos canais tradicionais da democracia política não é suficiente para impedir os abusos de poder. Logo, o controle deve acontecer nos próprios lugares de produção, e seu protagonista é o trabalhador real, não o cidadão abstrato da democracia formal. Mais recentemente, na metade do século XX, surgiu a corrente pluralista. Os pluralistas, em particular Robert Dahl6 , cientista político estadunidense, não procuravam estabelecer uma definição abstrata e teórica acerca da democracia, mas, por meio da observação das experiências de sistemas políticos, estipularam alguns requisitos mínimos: funcionários eleitos, eleições livres justas e frequentes, liberdade de expressão, fontes de informação diversificadas, autonomia para associações e cidadania inclusiva. Com base nesses critérios são caracterizadas quatro estruturas de governo: hegemonias fechadas, que são regimes em que não há disputa de poder e a participação política é limitada; hegemonias inclusivas, regimes em que não há disputa de poder, mas ocorre participação política; oligarquias competitivas, regimes nos quais há disputa de poder, mas com limitada participação política; e poliarquias, regimes em que não há disputa de poder e participação política ampliada. Joseph Schumpeter (1883-1950), economista austríaco, criticou as teorias clássicas de democracia, especialmente na relação estabelecida entre a democracia e a soberania popular7 . Para o autor, a definição clássica de democracia supõe duas ficções incapazes de resistir a uma análise realista: a existência do bem comum e a universalidade da racionalidade dos indivíduos. Para Schumpeter, a unidade da vontade geral, que constituiria o bem comum, e a racionalidade dos indivíduos seriam mitos, porque, para ele, esses elementos se tornaram irracionais por não conseguirem definir coerentemente suas preferências diante da influência da propaganda e de outros métodos de persuasão. Dessa forma, Schumpeter rompe com a ideia de democracia como soberania popular para propô-la como método, um tipo de arranjo institucional (de governos) para alcançar decisões políticas. Assim, sugere a superação do impedimento provocado pela irracionalidade das massas, reduzindo sua participação na política ao ato da produção de governos (ato de votar). As atribuições político-administrativas ficariam a cargo das elites eleitas. Essa é uma postura polêmica, na medida em que propõe uma redução da participação popular. Contrário a essa visão, o cientista político canadense C. B. Macpherson8 , sustenta que a liberdade e o desenvolvimento individual só podem ser alcançados plenamente com a participação direta e contínua dos cidadãos na regulação da sociedade e do Estado. Macpherson defende uma transformação estruturada em um sistema que combine partidos competitivos e organizações de democracia direta, que criam uma base real para a existência da democracia participativa. Mas, para que esse modelo pudesse se desenvolver, seria necessário que os partidos políticos se democratizassem, com princípios e procedimentos de democracia direta, complementada e controlada por organizações geridas por pessoas comuns, em seus locais de trabalho e nas comunidades locais. Na teoria das elites, o poder político pertence ao restrito círculo de pessoas que toma e impõem decisões a todos os membros que tenha de recorrer, como ação radical, à força. Ainda na doutrina liberal, mas opondo-se ao pluralismo, existem os elitistas, que utilizam o termo “elite” como referência a grupos sociais superiores de vários tipos. O termo seria empregado no pensamento social e político somente no final do século XIX. Essas teorias sociológicas, propostas pelos pensadores Vilfredo Pareto (1848-1923), sociólogo e economista francês; Gaetano Mosca (1858-1941), cientista político italiano, e Robert Michels (1876-1936), sociólogo alemão radicado na Itália, defendem que em toda sociedade existe apenas uma minoria, que, por diversos motivos, vem a se tornar detentora do poder. Pareto afirmava que existe uma “circulação das elites”, ou seja, uma minoria de pessoas que se alternam no poder. Mosca justifica o poder das elites governamentais pelo fato de serem uma minoria articulada e organizada, enquanto os governos seriam uma classe numerosa, mas dividida e desorganizada. Ao estudar as formações partidárias, Michels destacou como a própria estrutura das organizações favorecia o surgimento das elites e sua longa permanência no poder. Nas palavras de Michels, essa estabilidade das elites no poder é a “lei de ferro das oligarquias”. Ao longo dos últimos séculos foram construídas diversas interpretações e teorias acerca dos objetivos e conteúdos da democracia. Na prática, a democracia pode ser um modelo de governo que amplia as capacidades de desenvolvimento social, político e econômico, com base em princípios de igualdade e cidadania, ou se tornar uma simples “regra” para formar governos que não priorizem necessariamente o atendimento das demandas sociais. REFERÊNCIAS BIBLIOGRÁFICAS CONSTANT, B. A liberdade dos antigos comparada à dos modernos. 1. ed. São Paulo: Atlas, 2015. DAHL, R. Poliarquia: participação e oposição. São Paulo: Edusp, 1987. ________. Um prefácio à teoria democrática. Rio de Janeiro: Jorge Zahar, 1989. LUXEMBURGO, R. Têxteis. Paris: Editions Socieles, 1982. MACPHERSON, C. B. A teoria política do individualismo possessivo, de Hobbes e Locke. Tradução de Nelson Dantas. Rio de Janeiro: Paz e Terra, 1979. MICHELS, R. Sociologia dos partidos políticos. Brasília: Ed. da UnB, 1982. MILL, J. S. Sobre a liberdade. Petrópolis: Vozes, 1991. SCHUMPETER, J. A. Capitalismo, socialismo e democracia. Rio de Janeiro: Jorge Zahar, 1984. SILVA, A. et. al. Sociologia em movimento. 2. ed. São Paulo: Moderna, 2016. TOCQUEVILLE, A. A democracia na América: leis e costumes. São Paulo: Martins Fontes, 1998. -/- . (shrink)