Toleration is one of many responses toward diversity and difference. With the growing diversity, the theme of toleration has often taken center stage in discussions of multiculturalism and social pluralism. Nonetheless, it has not received much attention in the social work profession. Social workers often encounter situations in which they face a choice between tolerating and not tolerating. We argue that toleration is a legitimate and relevant topic in social work discourse. To make this point, first, this paper discusses different (...) conceptions of toleration. Then, it demonstrates its relevance to social work and explores a potential benefit of including the idea of toleration in social work discourse. Social work code of ethics implicitly supports toleration, or at least respect-toleration and esteem-toleration. Incorporating toleration in social work discourse may help social workers to better cope with or reduce ethical stress and disjuncture. (shrink)

Exploring the intimate tie between body movement and space and time, Lee begins with the position that body movement generates space and time and explores the ethical implications of this responsibility for the situations one’s body movements generate. Whiteness theory has come to recognize the ethical responsibility for situations not of one’s own making and hence accountability for the results of more than one’s immediate personal conscious decisions. Because of our specific history, whites have developed a particular embodiment and body (...) movement that generates places that can only be characterized as more comfortable and more enabling to whites. (shrink)

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)

In the remainder of this article, we will disarm an important motivation for epistemic contextualism and interest-relative invariantism. We will accomplish this by presenting a stringent test of whether there is a stakes effect on ordinary knowledge ascription. Having shown that, even on a stringent way of testing, stakes fail to impact ordinary knowledge ascription, we will conclude that we should take another look at classical invariantism. Here is how we will proceed. Section 1 lays out some limitations of previous (...) research on stakes. Section 2 presents our study and concludes that there is little evidence for a substantial stakes effect. Section 3 responds to objections. The conclusion clears the way for classical invariantism. (shrink)

The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and responsibilities of police as (...) the law enforcement agency and apprehension of the moral status of a non-therapeutic opioid use. The authors of the paper investigate, primarily, the existing ethical controversies surrounding the police Narcan use while touching upon the issue of the decriminalizing drug policy in the U.S. The authors conclude that the police can carry and administer Narcan without self-contradiction and that the policymakers’ investigation on the drug decriminalization policy should begin with the understanding of the “common morality” of the American public, the ethical view shared and practiced by the greatest number of people. (shrink)

Recent studies show that racism still exists in the American medical profession, the fact of which legitimizes the historically long-legacy of mistrust towards medical profession and health authorities among African Americans. Thus, it was suspected that the participation of black patients in end-of-life care has always been significantly low stemmed primarily from their mistrust of the medical profession. On the other hand, much research finds that there are other reasons than the mistrust which makes African Americans feel reluctant to the (...) end-of-life care, such as cultural-religious difference and genuine misunderstanding of the services. If so, two crucial questions are raised. One is how pervasive or significant the mistrust is, compared to the other factors, when they opt out of the end-of-life care. The other is if there is a remedy or solution to the seemingly broken relationship. While no studies available answer these questions, we have conducted an experiment to explore them. The research was performed at two Philadelphia hospitals of Mercy Health System, and the result shows that Black patients’ mistrust is not too great to overcome and that education can remove the epistemic obstacles as well as overcome the mistrust. (shrink)

Is consciousness intrinsically valuable? Some theorists favor the positive view, according to which consciousness itself accrues intrinsic value, independent of the particular kind of experience instantiated. In contrast, I favor the neutral view, according to which consciousness is neither intrinsically valuable nor disvaluable. The primary purpose of this paper is to clarify what is at stake when we ask whether consciousness is intrinsically valuable, to carve out the theoretical space, and to evaluate the question rigorously. Along the way, I also (...) show why the neutral view is attractive and why certain arguments for the positive view do not work. (shrink)

I argue that experiences can have microphenomenal structures, where the macrophenomenal properties we introspect are realized by non-introspectible microphenomenal properties. After explaining what it means to ascribe a microstructure to experience, I defend the thesis against its principal philosophical challenge, discuss how the thesis interacts with other philosophical issues about experience, and consider our prospects for investigating the microphenomenal realm.

This introduction to the Journal of Business Research special issue on anti-consumption briefly defines and highlights the importance of anticonsumption research, provides an overview of the latest studies in the area, and suggests an agenda for future research on anti-consumption.

I assess a number of connected ideas about temporal experience that are introspectively plausible, but which I believe can be argued to be incorrect. These include the idea that temporal experiences are extended experiential processes, that they have an internal structure that in some way mirrors the structure of the apparent events they present, and the idea that time in experience is in some way represented by time itself. I explain how these ideas can be developed into more sharply defined (...) views, and then argue that these views are inconsistent with certain empirical facts about how time is represented in the brain. These facts instead support a kind of atomic view, on which temporal experiences are temporally unstructured atoms. (shrink)

Some interesting exceptions notwithstanding, the traditional logic of economic efficiency has long favored hierarchical forms of organization and disfavored democracy in business. What does the balance of arguments look like, however, when values besides efficient revenue production are brought into the picture? The question is not hypothetical: In recent years, an ever increasing number of corporations have developed and adopted socially responsible behaviors, thereby hybridizing aspects of corporate businesses and social organizations. We argue that the joint pursuit of financial and (...) social objectives warrants significant rethinking of organizational democracy’s merits compared both to hierarchy and to non-democratic alternatives to hierarchy. In making this argument, we draw on an extensive literature review to document the relative lack of substantive discussion of organizational democracy since 1960. And we draw lessons from political theory, suggesting that the success of political democracy in integrating diverse values offers some grounds for asserting parallel virtues in the business case. (shrink)

The 2017 story of Charlie Gard is revisited. Upon the British High Court’s ruling in favor of the physicians that the infant should be allowed to die without the experimental treatment, the view of the public as well as the opinions of bioethicists and Catholic bishops are divided, interestingly along with a cultural line. American bioethicists and Catholic bishops tend to believe that the parents should have the final say while British/European bioethicists and Catholic bishops in general side with the (...) court’s decision. The paper explores the place of culture in bioethical reasoning between the UK/Europe and the US while claiming that cultural differences are more important than geopolitical or religious differences to understand the bioethical positions of a group. In addition, the authors introduce a decision-making program for handicapped neonates which is developed by the American Jesuit Bioethicist, Richard McCormick, and modified further by the contemporary American Jesuit Bioethicist, Peter A. Clark, in an attempt to see if the program’s normatizing categories can contribute to the culture-laden ethical discussions on Charlie’s case. However, it is admitted that the McCormick-Clark device is borne out of the American and Catholic theological context. (shrink)

This paper is a study about Philadelphia’s comprehensive user engagement sites (CUESs) as the authors address and examine issues related to the upcoming implementation of a CUES while seeking solutions for its disputed questions and plans. Beginning with the federal drug schedules, the authors visit some of the medical and public health issues vis-à-vis safe injection facilities (SIFs). Insite, a successful Canadian SIF, has been thoroughly researched as it represents a paradigm for which a Philadelphia CUES can expand upon. Also, (...) the existing criticisms against SIFs are revisited while critically unpackaged and responded to in favor of the establishment. In the main section, the authors propose the layout and services of the upcoming CUES, much of which would be in congruent to Vancouver’s Insite. On the other hand, the CUES would be distinct from Insite, as the authors emphasize, in that it will offer an information center run by individuals in recovery and place additional emphasis on early education for young healthcare professionals by providing them a platform to work at the site. The paper will also briefly investigate the implementation of a CUES site under an ethical scope of the Harm Reduction Theory. Lastly, the authors recommend some strategic plans that the Philadelphia City government may consider employing at this crucial stage. (shrink)

Psychologists and philosophers have not yet resolved what they take implicit attitudes to be; and, some, concerned about limitations in the psychometric evidence, have even challenged the predictive and theoretical value of positing implicit attitudes in explanations for social behavior. In the midst of this debate, prominent stakeholders in science have called for scientific communities to recognize and countenance implicit bias in STEM fields. In this paper, I stake out a stakeholder conception of implicit bias that responds to these challenges (...) in ways that are responsive to the psychometric evidence, while also being resilient to the sorts of disagreements and scientific progress that would not undermine the soundness of this call. Along the way, my account advocates for attributing collective (group-level) implicit attitudes rather than individual-level implicit attitudes. This position raises new puzzles for future research on the relationship (metaphysical, epistemic, and ethical) between collective implicit attitudes and individual-level attitudes. (shrink)

Addressing the question of how medicine should engage with people who consider their clinical disease condition to be importantly constitutive of their identity, this article focuses on one group—advocates for the fat acceptance (FA) or body positivity movement in American society. Drawing on philosophical analysis, I try to show that FA and physician communities represent different traditions within the larger culture and that whether obesity should be considered a disease is a culture battle. I argue that diseases (medical) and illnesses (...) (cultural) are 2 different designations of clinical symptoms and that both disease and illness designations can change over time or be uncertain. (shrink)

Is the societal-level of analysis sufficient today to understand the values of those in the global workforce? Or are individual-level analyses more appropriate for assessing the influence of values on ethical behaviors across country workforces? Using multi-level analyses for a 48-society sample, we test the utility of both the societal-level and individual-level dimensions of collectivism and individualism values for predicting ethical behaviors of business professionals. Our values-based behavioral analysis indicates that values at the individual-level make a more significant contribution to (...) explaining variance in ethical behaviors than do values at the societal-level. Implicitly, our findings question the soundness of using societal-level values measures. Implications for international business research are discussed. (shrink)

I give an account of the difference between "Holistic" and "Atomistic" views of conscious experience. On the Holistic view, we enjoy a unified "field" of awareness, whose parts are mere modifications of the whole, and therefore owe their existence to the whole. There is some tendency to saddle those who reject the Holistic field model with a (perhaps) implausible "building block" view. I distinguish a number of different theses about the parts of an experience that are suggested by the "building (...) block" metaphor, but which can be rejected by those who also reject the holistic field view. (shrink)

The concept and the logic of the political, the most notable Schmittian ideas, based on the friend/enemy distinction and his thought on political theology have been widely and critically discussed and actively appropriated with various interpretations. On the other hand, we find that there is certain definite momentum piercing through the theoretical structure of Husserl’s phenomenology in general both as a form of metaphysics and as a philosophical movement, which can also be called the political. In this circumstance, we find (...) the Schmittian logic of the political together with his idea of political theology specifically serviceable for an effective visualization of the political characteristically structured in Husserl’s system, particularly in the concepts of transcendental subjectivity and universal critique. This paper argues that Husserl’s phenomenological critical subject is fundamentally a politico-theological subject and is an attempt to show to what extent and in what way Schmitt can be strategically utilized to make manifest the politicality that we discover as something that structurally inheres in Husserlian notion of subjectivity and critique. *. (shrink)

This exposition focuses on purposeful behavioursaseffortstoward self-actualization. I introducehabit as a set of value-based behaviours that is different than the typical habit of physical movements. Each of those praxis is controlled by cognition drivenby values –both personal and societal, and their following habitsare the result of complex learning. I will then elaborate on three important topics: (1) awareness and efficacy with respect tohabit, (2) collective habit, and (3) implications of existential habit on the individual’s as well as the society’s wellbeing.

The question of authenticity centers in the lives of women of color to invite and restrict their representative roles. For this reason, Gayatri Chakravorty Spivak and Uma Narayan advocate responding with strategic essentialism. This paper argues against such a strategy and proposes an epistemic understanding of the question of authentic- ity. The question stems from a kernel of truth—the connection between experience and knowledge. But a coherence theory of knowledge better captures the sociality and the holism of experience and knowledge.

Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological concerns outweigh (...) them in the overall assessment of the value of the work. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

I offer some responses to Prosser’s ‘Experiencing Time’, one of whose goals is to debunk a view of temporal experience somewhat prevalent in the metaphysics literature, which I call ‘Perceptualism’. According to Perceptualism: it is part of the content of perceptual experience that time passes in a metaphysically strong sense: the present has a metaphysically privileged status, and time passes in virtue of changes in which events this ‘objective present’ highlights, and moreover this gives us evidence in favor of strong (...) passage. Prosser argues that perception cannot be sensitive to whether the strong passage obtains, and therefore cannot represent strong passage in a way that gives us evidence of its truth. Although I accept this conclusion, I argue that Prosser’s argument for it is problematic. It threatens to over-generalize to rule out uncontroversial cases of perceptual knowledge, such as our knowledge that we live in a spatial world. Furthermore, a successful argument ruling out perceptual evidence for strong passage would have to give constraints on the theory/observation distinction of a kind not provided by Prosser’s discussion. I also comment on several other parts of the book. (shrink)

This essay introduces the philosophy of legal information (PLI), which is a response to the radical changes brought about in philosophy by the information revolution. It reviews in some detail the work of Luciano Floridi, who is an influential advocate for an information turn in philosophy that he calls the philosophy of information (PI). Floridi proposes that philosophers investigate the conceptual nature of information as it currently exists across multiple disciplines. He shows how a focus on the informational nature of (...) traditional philosophical questions can be transformative for philosophy and for human self-understanding. The philosophy of legal information (PLI) proposed here views laws as a body of information that is stored, manipulated, and analyzed through multiple methods, including the computational methodologies. PLI offers resources for evaluating the ethical and political implications of legal infomatics (also known as "legal information systems"). -/- This essay introduces PLI. Parts I and II describe Floridi's philosophy of information. First, Part I introduces the transformation in the concept of information that occurred in the twentieth century through the work of Alan Turning and Claude Shannon. Part II describes Floridi's approaches to traditional questions in epistemology, ontology, and ethics. Part III applies PI to the analysis of legal positivism. It suggests that PLI is a viable project that has potential for transforming the understanding law in the information age. -/- . (shrink)

Under the traditional system of peer-reviewed publication, the degree of prestige conferred to authors by successful publication is tied to the degree of the intellectual rigor of its peer review process: ambitious scientists do well professionally by doing well epistemically. As a result, we should expect journal editors, in their dual role as epistemic evaluators and prestige-allocators, to have the power to motivate improved author behavior through the tightening of publication requirements. Contrary to this expectation, I will argue that the (...) publication bias literature in academic medicine demonstrates that editor interventions have had limited effectiveness in improving the health of the publication and trial registration record, suggesting that much stronger interventions are needed. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...) by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

The Mode of Relativity in Agrippa’s Five Modes does not fit with the other four modes, and disrupts an otherwise elegant system. We argue that it is not the familiar argument from epistemic relativism, but a formal condition on the structure of justifications: the principle that epistemic grounding relations cannot be reflexive. This understanding of Agrippan Relativity leads to a better understanding of the Modes of Hypothesis and Reciprocity, a clearer outline of the structure of Agrippa’s system as a whole, (...) and a new insight into the Two Modes that follow the Five. (shrink)

A number of philosophers argue that the moral value of national identity is sufficient to justify at least a prima facie right of a national community to create its own independent, sovereign state. In the literature, this argument is commonly referred to as the identity argument. In this paper, I consider whether the identity argument successfully proves that a national group is entitled to a state of its own. To do so, I first explain three important steps in the argument (...) and then consider whether they lead to the desired conclusion. My examination reveals that the identity argument relies on the Optimal Protection Principle; however, this principle does not apply to the case of a national community. As a result, the identity argument fails to justify even a prima facie right of a national community to establish its own state. (shrink)

It seems certain that one day we will allow the genetic technology which will enhance our offspring. A highly effective new tool, called CRISPR, which allows for carving out genes, is already being used to edit the genomes of animals. In July 2017, the FDA legalized that germline drugs for therapeutic purposes could be sold in the market. It is a high time, now, that we need engage in discussions about the ethics of germline intervention. To contribute to the discussion (...) by showing our thought and to educate the public, we write this paper. (shrink)

HMI and Ofsted modes of school inpection are described and compared. The links between these modes are stressed. The information gathering capacity of Ofsted enables it to formulate specific and authoritative advice on good curriculum and pedagogic practice and thus to influence the direction of education policy and steer the system generally.

Both Kymlicka and Patten argue that the equal treatment of different national groups require that the state officially recognize the right of each to create its own autonomous government. After carefully examining their arguments, I show that they both make the false assumption that, in a multinational state, the state belongs only to the majority group but not the minority, and that a multination state can never treat minority groups equally. Both claims are inherently anti-pluralistic. Thus, the equal treatment of (...) different national cultures does not require that each be granted the right to self-government. (shrink)

Clarence I. Lewis (1883-1964) delineated the structure of mind based on his “conceptual pragmatism.” Human mind grounds itself on the ongoing dynamic interaction of relational processes, which is essentially mediated and structural. Lewis’s pragmatism anchors itself on the theory of knowledge that has the triadic structure of the given or immediate data, interpretation, and the concept. Lewis takes the a priori given as a starting point of meaningful experience. The interpretative work of mind is the mediator of the a priori (...) given and the concepts. The a priori given is the principle that determines the application of concepts in our interpretative process. Our mind interprets the given in relating to other possible experience. In other words, the meaning of the a priori given is determined by mind, the subject of interpretative process, which performs constructive and legislative activity, and allows room for the existence of alternatives. Lewis’s theory of knowledge calls for pragmatic justification of value experience. In his ethical theory, Lewis pursues to find answers for how to build up the objectivity of value experience regarding the work of mind as conceptual apparatus. For Lewis, knowledge is a claim about valuation and normativity. In our value experience, the normative significance of our empirical assessments for action comprises objective significance for future experience. Mind is “principle- content apparatus” composed of imperatives as the a priori given principles and the contents of experience as a whole.Imperatives are the result of lessons accumulated from the past and function as rules for the future. Individuals start their experience from imperatives and organize their own experience by doing based on the inferential process, which is directional from the past to the future. (shrink)

Sexual and racial differences matter. Indeed, facile assumptions of sameness born from the desire to claim universal truths persist as a dangerous tendency. Difference matters and we have yet to fully understand what difference means. But claims of absolute difference have a history of justifying colonization and recently can justify slipping into indifference about people with different embodiment. In philosophy of race’s emphasis that race has ontological significance, such emphasis on difference can leave differently racialized and sexualized people living in (...) isolation from each other. Absolute sameness and absolute difference are not true to phenomenological experience. Philosophy has long debated the relation between identity and difference, from its metaphysical origin in the relation between monism and dualism, to Hegel’s formulation of a dialectical relation between identity and difference. But the idea of an identity-in-difference explores a more immediate relation between the two. Maurice Merleau-Ponty’s work explores the idea of an identity-in-difference throughout his phenomenology in both its epistemic and ontologic senses. This paper explores at least four instantiations of the relation of identity-in-difference in Merleau-Ponty’s work to argue for upholding the value of both difference and sameness in developing our understanding of race. (shrink)

Ebola is a deadly disease with no cure; there is no vaccine developed yet. Many died during the 2014 outbreak in West Africa, and many healthcare professionals went to the virus infected area to treat the patients while placing their lives in danger. Not every medical professional placed in the field is a fully trained specialist, and sometimes one or two under-trained doctors are in charge of the entire clinic with some nurses and operating technicians. When unexpected outbreaks of the (...) virus occur in the places, the doctor(s) would encounter medical and ethical dilemmas. Should they leave or stay? In fact, this dilemma is not confined to the Ebola pandemic but relevant to all similar cases. In this paper, three authors, a medical resident, a clinical bioethicist, and a theoretical bioethicist respond to the dilemma. (shrink)

I motivate and articulate a dispositional account of aversive racism. By conceptualizing and measuring attitudes in terms of their full distribution, rather than in terms of their mode or mean preference, my account of dispositional attitudes gives ambivalent attitudes (qua attitude) the ability to predict aggregate behavior. This account can be distinguished from other dispositional accounts of attitude by its ability to characterize ambivalent attitudes such as aversive racism at the attitudinal rather than the sub-attitudinal level and its deeper appreciation (...) of the analogy between traits and attitudes. (shrink)

Utilizing Maurice Merleau-Ponty’s work, I argue that the gestaltian framework’s co-determinacy of the theme and the horizon in seeing and experiencing the world serves as an encompassing epistemological framework with which to understand racism. Conclusions reached: as bias is unavoidably part of being in the world, defining racism as bias is superfluous; racism is sedimented into our very perceptions and experiences of the world and not solely a prejudice of thought; neutral perception of skin color is impossible. Phenomenology accounts for (...) the dynamic changes in expressions of racism and the interconnections of both race and sex for women of color. (shrink)

As the Zika virus pandemic continues to bring worry and fear to health officials and medical scientists, Centers for Disease Control and Prevention (CDC) and World Health Organization (WHO) have recommended that residents of the Zika-infected countries, e.g., Brazil, and those who have traveled to the area should delay having babies which may involve artificial contraceptive, particularly condom. This preventive policy, however, is seemingly at odds with the Roman Catholic Church’s position on the contraceptive. As least since the promulgation of (...) Paul VI’s 1968 encyclical, Humanae Vitae, the Church has explicitly condemned artificial birth control as intrinsic evil. However, the current pontiff, Pope Francis, during his recent visit to Latin America, remarked that the use of artificial contraception may not be in contradiction to the teaching of Humanae Vitae while drawing a parallel between the current Zika Crisis and the 1960’s Belgian Congo Nun Controversy. The pope mentioned that the traditional ethical principle of the lesser of two evils may be the doctrine that justified the exceptions. The authors of this paper attempt to expand the theological rationale of the pope’s suggestion. In so doing, the authors rely on casuistical reasoning as an analytic tool that compares the Belgian Congo Nun case and the given Zika case, and suggest that the former is highly similar to, if not the same as, the latter in terms of normative moral feature. That is, in both cases the use of artificial contraception is theologically justified in reference to the criteria that the doctrine of the lesser of two evils requires. The authors wish that the paper would provide a solid theological-ethical ground based on which condom-use as the most immediate and effective preventive measure can be recommended in numerous Catholic hospitals as well as among Catholic communities in the world, particularly the most Zika-affected and largest Catholic community in the world, Brazil – 123 million present Brazilian citizens are reported to be Roman Catholic. (shrink)

The controversy between Richard Wagner and his critic Eduard Hanslick is well known, but rarely looked at in detail. It is mostly believed that Hanslick was unable to see Wagner's genius, stuck deeply in an antiquated aesthetical world. By reassessing Wagner's and Hanslick's letters and publications it can be seen, however, that Hanslick's detailed criticism (and also appreciation) was much more objective and less spiteful than is often assumed.

This paper explores two ideas in Aristotle: the idea that a just person is necessarily a lawful and law-abiding citizen, and second, the idea that the virtuous person necessarily cares about the common good. In this paper, I show that justice and its concern for the common good is central to Aristotle’s conception of the virtuous agent, and that justice, in turn, cannot be understood apart from the various laws that states devise for the common benefit.

The “saturated phenomenon” is Jean-Luc Marion’s principal hypothesis, by which he tries to ground the source of phenomenality. Against the transcendental phenomenology, Marion finds phenomena that go beyond the constitutional power of intention. The saturated phenomenon is never possessed because the saturated phenomenon withdraws itself and thus it endlessly escapes from us. A problem of intelligibility thus arises. The essential finitude of the subject requires that the subject passively receives what the saturated phenomenon gives. Marion, however, endows the gifted with (...) more than the mere passivity. The subject is invited as a “witness” who actively responds to the call of the phenomenon. Marion posits the interpersonal relationship. The problem of the interpretability of intention is another problem inherent in the infinity of interpretation of the other. In our ordinary lives, we habitually search out the other’s intention, infinitely. Emmanuel Levinas clearly points out that the other is the transcendent source of ethics, a source which is not intelligible to us. The other, for Levinas, does not appear to the subject, but conditions it. Marion, by contrast, neutralizes the other and “the face” imposes “oneself” as the other who is neutrally visible to us. I assume Marion is more interested in the world of objects, rather than the world of persons, and thus misses the peculiarity resident in the personhood of persons. We become passive in the presence of the personality, not because we want to become passive, but because we realize our own power of illustration does not fill in the personality. (shrink)

Nothingness plays an essential role throughout the work of Meister Eckhart. The function of this concept, however, changed during the development of his thought. Despite this change nothingness remains always associated with the theory of analogy which lies at the core of Eckhart's attempt to explain the radical difference between God and creation and the complete dependency of all being on its unitary and transcendent ground.

Homi Bhabha brings attention to the figure of the post-colonial metropolitan subject—a third world subject who resides in the first world. Bhabha describes the experiences of the “colonial” subject as ambivalently split. As much as I find his work insightful, I find problematic Bhabha’s descriptions of the daily life of post-colonial metropolitan subjects as split and doubled. His analysis lends only to the possibility of these splittings/doublings as schizophrenically wholly arising. His analysis cannot account for the agonistic moments when the (...) colonial subject is caught in not knowing, and in developing understanding about present circumstances. A framework with an account of context and horizons, such as in phenomenology can better depict the experiences of the post-colonial metropolitan subject. Maurice Merleau-Ponty follows a gestaltian contact with the world, which advances that the “most basic unit of experience is that of figure-on-a-background.” One perceives the figure/theme because of and within the background/horizon. In this horizonal framework, human experiences are ambiguously open. The openness in the horizon of the gestaltian framework better accounts for the conditions Bhabha refers to as splitting. The ambivalence can be understood not simply as conundrums that defy understanding but as ambiguous moments for expanding, developing, and growing. (shrink)

Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...) has created new informational concepts and issues. As a result, the analytic epistemologies are increasingly challenged by alternative perspectives. One such alternative is Structural Realism (SR), which is influential among the natural sciences, and especially physics. “Informational Structural Realism,” (ISR) is a variant of SR that was introduced by Luciano Floridi. Unlike the coherentist theories, ISR promotes examination of the connections among types of information and informational structures. It is an important shift for legal theory today, since the challenges that the ICT presents have to do with pattern recognition across vast domains of diverse data. An informational jurisprudence is now required to understand the issues emerging from the ICT. (shrink)

The Deaf culture in the United States is a unique culture that is not widely understood. To members of the Deaf community in the United States, deafness is not viewed as a disease or pathology to be treated or cured; instead it is seen as a difference in human experience. Members of this community do not hide their deafness; instead they take great pride in their Deaf identity. The Deaf culture in the United States is very communitarian not individualistic. Mary (...) Beth and Dominic are a married couple in their late 20s who are genetically deaf. They are active members in the Deaf community and work as advocates for individuals who are deaf, family members of Deaf people and sign language interpreters who identify with the Deaf culture. Mary Beth and Dominic approach the fertility clinic with a request that they only want a child with the genetic gene for deafness. They would want the embryos that do not have the gene to be destroyed. This would entail creating a child who would have the gene for deafness. Medically and ethically, should the fertility clinic agree to the couple’s request? The authors argue that the couple's request should be denied and provide reasons for it from the perspectives of foundational and clinical ethics. (shrink)

The Asian American identity is intimately associated with upward class mobility as the model minority, yet women's earnings remain less than men's, and Asian American women are perceived to have strong family ties binding them to domestic responsibilities. As such, the exact class status of Asian American women is unclear. The immediate association of this ethnic identity with a specific class as demonstrated by the recently released Pew study that Asian Americans are “the highest-income, best-educated” ethnicity contrasts with another study (...) that finds Asian American women have the highest suicide rates in the United States. To understand these contrasting statistics, this article explores Asian American women's sense of authenticity. If the individual's sense of authenticity is intimately related with one's group identity, the association of the Asian American identity with a particular class ambivalently ensnares her as dichotomously inauthentic—as both the poor Asian American woman who fails to achieve economic upward mobility and the model minority Asian American woman who engages in assimilation practices. Feminist philosophers understand that identities change, but exactly how these transformations occur remains a mystery. The article ends with three speculations on the difficulties for practicing and recognizing individual acts that transform one's group identity. (shrink)