Scientists depend on complex computational systems that are often ineliminably opaque, to the detriment of our ability to give scientific explanations and detect artifacts. Some philosophers have s...

This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it provides an analysis of what arbitrariness means in this context. Second, it argues that arbitrariness is not of moral concern except when special circumstances apply. However, when the same algorithm or different algorithms based on the same data are used in multiple contexts, a person may be arbitrarily excluded from a broad range of opportunities. The third contribution is to explain (...) why this systemic exclusion is of moral concern and to offer a solution to address it. (shrink)

Social norms – rules governing which behaviours are deemed appropriate or inappropriate within a given community – are typically taken to be uniquely human. Recently, this position has been challenged by a number of philosophers, cognitive scientists, and ethologists, who have suggested that social norms may also be found in certain non-human animal communities. Such claims have elicited considerable scepticism from norm cognition researchers, who doubt that any non-human animals possess the psychological capacities necessary for normative cognition. However, there is (...) little agreement among these researchers about what these psychological prerequisites are. This makes empirical study of animal social norms difficult, since it is not clear what we are looking for and thus what should count as behavioural evidence for the presence (or absence) of social norms in animals. To break this impasse, we offer an approach that moves beyond contested psychological criteria for social norms. This approach is inspired by the animal culture research program, which has made a similar shift away from heavily psychological definitions of ‘culture’ and to become organized around a cluster of more empirically tractable concepts of culture. Here, we propose an analogous set of constructs built around the core notion of a normative regularity, which we define as a socially maintained pattern of behavioural conformity within a community. We suggest methods for studying potential normative regularities in wild and captive primates. We also discuss the broader scientific and philosophical implications of this research program with respect to questions of human uniqueness, animal welfare and conservation. (shrink)

I defend an account of sexual orientation, understood as a reflexive disposition to be sexually attracted to people of a particular biological Sex or Sexes. An orientation is identified in terms of two aspects: the Sex of the subject who has the disposition, and whether that Sex is the same as, or different to, the Sex to which the subject is disposed to be attracted. I explore this account in some detail and defend it from several challenges. In doing so, (...) I provide a theoretical framework that justifies our continued reference to Sex-directed sexual orientation as an important means of classifying human subjects. (shrink)

The author addresses speech restrictions on campuses, the axiom “A is A” as it applies to men and women, Roe v. Wade and its effect on examining the definition of personhood, and how this examination may have contributed to the anti-conceptual mentality that was already under way on campuses and elsewhere.

This paper examines rights and the protection of rights from both the minarchist and the anarchist perspectives. The former relies on Objectivist perspectives and the latter relies primarily on Murray Rothbard’s views. My view is that government protection as put forth by Objectivists is coercive, as are all methods of financing. However, under anarcho-capitalism, children who have been killed or abused by their caregivers do not have equal protection under the law. The principle of equal protection is one with which (...) both Objectivists and Rothbard agree. A case is made for government protection of rights under those circumstances. In addition, a case is made for positive rights to parental care for children, and also for government protection of those rights if they have been violated by their caregivers. I also argue for government oversight in instances when the rights of children have been violated and as a consequence the children have no alternative means of care. (shrink)

Letheby’s book is an engaging and crystal-clear exploration of the philosophical issues raised by the use of psychedelic drugs. In this paper, we focus on the epistemological issues Letheby examines in chapter 8 and argue that his analysis requires an agency-first approach to epistemic evaluation. On an agency-first approach, epistemic evaluation is about identifying the skills agents needs to acquire in order to pursue and fulfil their epistemic goals.

This article considers the meanings of “life” within Objectivist ethics. It distinguishes between life lived moment to moment and life-as-a-whole. It examines life's finality as related to life being the ultimate value. It questions whether one “lives to consume” or “consumes to live” from a desert island perspective. It discusses what one's whole life entails within the context of decision making. It looks at decisions between competing values. Finally, it discusses the distinction between ethical and ethically neutral actions and suggests (...) ways in which inquiries regarding these may be approached. (shrink)

Cosmopolitanism is an ancient concept whose meaning and significance have shifted over the last two millennia. Most recently, cosmopolitanism has been resurrected to mean “world citizenship” – a renunciation of one’s national identity for the sake of the universal human family. While such an endeavor seems as though it should correspond to Catholic social thought, its iterations in academia and elsewhere have resulted in a preoccupation with personal identity and political doctrine rather than love. Cosmopolitanism is complex and harbors many (...) weaknesses in both theory and practice. Considered in relation to universalism in Catholic social thought, one weakness is thrown into specific relief: cosmopolitanism as a personal identity or political doctrine lacks a unified philosophy of the human person. This essay recasts the desire to form solidarity across national boundaries as universalism within Trinitarian anthropology and discusses accompaniment as exemplary of the love this thought system requires. (shrink)

Following recent arguments that cultural practices in wild animal populations have important conservation implications, we argue that recognizing captive animals as cultural has important welfare implications. Having a culture is of deep importance for cultural animals, wherever they live. Without understanding the cultural capacities of captive animals, we will be left with a deeply impoverished view of what they need to flourish. Best practices for welfare should therefore require concern for animals’ cultural needs, but the relationship between culture and welfare (...) is also extremely complex, requiring us to rethink standard assumptions about what constitutes and contributes to welfare. (shrink)

Empirical studies of the social lives of non-human primates, cetaceans, and other social animals have prompted scientists and philosophers to debate the question of whether morality and moral cognition exists in non-human animals. Some researchers have argued that morality does exist in several animal species, others that these species may possess various evolutionary building blocks or precursors to morality, but not quite the genuine article, while some have argued that nothing remotely resembling morality can be found in any non-human species. (...) However, these different positions on animal morality generally appear to be motivated more by different conceptions of how the term “morality” is to be defined than by empirical disagreements about animal social behaviour and psychology. After delving deeper into the goals and methodologies of various of the protagonists, I argue that, despite appearances, there are actually two importantly distinct debates over animal morality going on, corresponding to two quite different ways of thinking about what it is to define “morality”, “moral cognition”, and associated notions. Several apparent skirmishes in the literature are thus cases of researchers simply talking past each other. I then focus on what I take to be the core debate over animal morality, which is concerned with understanding the nature and phylogenetic distribution of morality conceived as a psychological natural kind. I argue that this debate is in fact largely terminological and non-substantive. Finally, I reflect on how this core debate might best be re-framed. (shrink)

This paper considers the question of whether chimpanzees possess at least a primitive sense of normativity: i.e., some ability to internalize and enforce social norms—rules governing appropriate and inappropriate behaviour—within their social groups, and to make evaluations of others’ behaviour in light of such norms. A number of scientists and philosophers have argued that such a sense of normativity does exist in chimpanzees and in several other non-human primate and mammalian species. However, the dominant view in the scientific and philosophical (...) literature is that psychological capacities for social norms evolved uniquely in the human lineage, after our last common ancestor with chimpanzees and bonobos. After reviewing some of the existing evidence for normative capacity in chimpanzees, I defend the thesis of chimpanzee normativity against three key theoretical objections that have been presented in the literature, each of which have played a part in motivating the dominant sceptical position. I argue that, while we still have much to learn about the nature and extent of the normative capacities of other animals, there is strong prima facie evidence for social norms and normative evaluation in chimpanzees and the main theoretical objections to chimpanzee normativity are not at all compelling. (shrink)

Deafferented subjects, while lacking proprioceptive awareness of much of their bodies, are nevertheless able to use their bodies in basic action. Sustained visual contact with the body parts of which they are no longer proprioceptively aware enables them to move these parts in a controlled way. This might be taken to straightforwardly show that proprioceptive awareness is inessential to bodily action. I, however, argue that this is not the case. Proprioceptive awareness figures essentially in our self-conscious unity as practical subjects. (...) Recognizing this allows us to better understand the nature of the impairment with which deafferented subjects live. (shrink)

: The purpose of this paper is to address from a normative perspective issues raised by John Mueller in Redeeming Economics: Rediscovering the Missing Element. Mueller criticizes economists, including Austrians, for failing to properly address unilateral transfers—in particular, charity, childcare, and crime—in economic thought. Mueller challenges economist Gary Becker’s position that giving increases the […] The post “Charity, Childcare, and Crime: From Objectivist Ethics to the Austrian School” appeared first on Libertarian Papers.

This paper concerns the familiar topic of whether we can have genuinely emotional responses such as pity and fear to characters and situations we believe to be fictional1. As is well known, Kendall Walton responds in the negative (Walton (1978); (1990): 195-204 and Chapter 7; (1997)). That is, he is an ‘irrealist’ about emotional responses to fiction (the term is Gaut’s (2003): 15), arguing that such responses should be construed as quasiemotions (Walton (1990): 245), of which their possessor imagines that (...) they are genuine emotions. This is not to deny that an experience in response to a fiction may have a phenomenology very like a given emotion, but to insist that, nonetheless, such responses are not real instances of the emotions which they resemble (Walton (1997)). So, in his most famous example, Charles, who experiences fear-like emotion in relation to a film which depicts the approach of evil slime, does not, despite appearances, experience genuine fear towards the slime, but only quasi-fear (Walton (1990): 195-204)2. Walton’s view presupposes the following view about the nature of emotion3. (shrink)

My topic is a certain view about mental images: namely, the ‘Multiple Use Thesis’. On this view, at least some mental image-types, individuated in terms of the sum total of their representational content, are potentially multifunctional: a given mental image-type, individuated as indicated, can serve in a variety of imaginative-event-types. As such, the presence of an image is insufficient to individuate the content of those imagination-events in which it may feature. This picture is argued for, or (more usually) just assumed (...) to be true, by Christopher Peacocke, Michael Martin, Paul Noordhof, Bernard Williams, Alan White, and Tyler Burge. It is also presupposed by more recent authors on imagination such as Amy Kind, Peter Kung and Neil Van Leeuwen. I reject various arguments for the Multiple Use Thesis, and conclude that instead we should endorse SINGLE: a single image-type, individuated in terms of the sum total of its intrinsic representational content, can serve in only one imagination event-type, whose content coincides exactly with its own, and is wholly determined by it. Plausibility aside, the interest of this thesis is also in its iconoclasm, as well as the challenge it poses for the diverse theories that rest on the truth of the Multiple Use Thesis. (shrink)

This paper considers John Doris, Stephen Stich, Alexandra Plakias, and colleagues’ recent attempts to utilize empirical studies of cross-cultural variation in moral judgment to support a version of the argument from disagreement against moral realism. Crucially, Doris et al. claim that the moral disagreements highlighted by these studies are not susceptible to the standard ‘diffusing’ explanations realists have developed in response to earlier versions of the argument. I argue that plausible hypotheses about the cognitive processes underlying ordinary moral judgment and (...) the acquisition of moral norms, when combined with a popular philosophical account of moral inquiry—the method of reflective equilibrium—undercut the anti-realist force of the moral disagreements that Doris et al. describe. I also show that Stich's recent attempt to provide further theoretical support for Doris et al.'s case is unsuccessful. (shrink)

Some economists, notably Gary Becker, claim that economic analysis is applicable to any decision, ethical or otherwise. Ethical principles within Objectivist Ethics are based on long-range success— life being the measure of success. This paper examines these different approaches to decision-making. Decision theory and Rand's Benevolent Universe Premise form the basis for the analysis.

This dissertation examines the influence of Cambridge Platonism and materialist philosophy on Mary Astell's early feminism. More specifically, I argue that Astell co-opts Descartes's theory of regulating the passions in his final publication, The Passions of the Soul, to articulate a comprehensive, Enlightenment and body friendly theory of feminine self-esteem that renders her feminism modern. My analysis of Astell's theory of feminine self-esteem follows both textual and contextual cues, thus allowing for a reorientation of her early feminism vis-a-vis contemporary feminist (...) theory . An entire chapter in the dissertation is devoted to Astell's use of Descartes's theory of regulating the passions to render women more substantial and inherently worthy. This rendering becomes more concrete in Astell's feminist framework as she employs the language of the social contract in her fourth publication, Reflections Upon Marriage, to depict wives as contractual slaves. I argue that her assertion concerning women's slavery is theoretically consistent when read in light of her theory of feminine self-esteem, since this theory is based on the Enlightenment principles of self-mastery, independence and self-preservation. Further, I align Astell's early feminism in a dialogic sense with the Continental "querelle des femmes," especially as presented in writings by Christine de Pizan and Agrippa. Astell, I argue, contributes to the "querelle" by framing the feminist problem she wishes to solve concerning women's equality in a robust , philosophical manner that uncannily prefigures Wollstonecraft's call for the universalization of human virtues and the reform of of women's education. (shrink)

The recent debate surrounding scientific realism has largely focused on the “no miracles” argument (NMA). Indeed, it seems that most contemporary realists and anti-realists have tied the case for realism to the adequacy of this argument. I argue that it is mistake for realists to let the debate be framed in this way. Realists would be well advised to abandon the NMA altogether and pursue an alternative strategy, which I call the “local strategy”.

While feminist critiques of AI are increasingly common in the scholarly literature, they are by no means new. Alison Adam’s Artificial Knowing (1998) brought a feminist social and epistemological stance to the analysis of AI, critiquing the symbolic AI systems of her day and proposing constructive alternatives. In this paper, we seek to revisit and renew Adam’s arguments and methodology, exploring their resonances with current feminist concerns and their relevance to contemporary machine learning. Like Adam, we ask how new AI (...) methods could be adapted for feminist purposes and what role new technologies might play in addressing concerns raised by feminist epistemologists and theorists about algorithmic systems. In particular, we highlight distributed and federated learning as providing partial solutions to the power-oriented concerns that have stymied efforts to make machine learning systems more representative and pluralist. (shrink)

This paper reviews some points of agreement between Objectivism and the Austrian school of economics. It also discusses some of my points of departure with Objectivism. One such is Rand’s justification for holding life as man’s ultimate value. I present a case that the recognition of death’s inevitability is needed to establish life as man’s ultimate value. Although death’s inevitability is implicit within Objectivist ethics (in its emphasis on a person’s entire life), the focus of Rand’s discussion of the ultimate (...) value is on life’s contingency, not its limitedness. I present an example comparing a being with a contingent and limited life to a being with a contingent but potentially endless life. This illustrates the function of life’s limitedness in valuation. I qualify my position somewhat by exploring one way in which a being with a contingent but potentially endless life may value his life as a whole. I also explain that a being with an endless life might have no ultimate value, but could have an endless number of goals. Finally, I discuss a desert-island scenario that supports the noninterference principle. (shrink)

In the exploratory study reported here, we tested the efficacy of an intervention designed to train teenagers with Möbius syndrome (MS) to increase the use of alternative communication strategies (e.g., gestures) to compensate for their lack of facial expressivity. Specifically, we expected the intervention to increase the level of rapport experienced in social interactions by our participants. In addition, we aimed to identify the mechanisms responsible for any such increase in rapport. In the study, five teenagers with MS interacted with (...) three naïve participants without MS before the intervention, and with three different naïve participants without MS after the intervention. Rapport was assessed by self-report and by behavioral coders who rated videos of the interactions. Individual non-verbal behavior was assessed via behavioral coders, whereas verbal behavior was automatically extracted from the sound files. Alignment was assessed using cross recurrence quantification analysis and mixed-effects models. The results showed that observer-coded rapport was greater after the intervention, whereas self-reported rapport did not change significantly. Observer-coded gesture and expressivity increased in participants with and without MS, whereas overall linguistic alignment decreased. Fidgeting and repetitiveness of verbal behavior also decreased in both groups. In sum, the intervention may impact non-verbal and verbal behavior in participants with and without MS, increasing rapport as well as overall gesturing, while decreasing alignment. (shrink)

This paper discusses Kevin Kelly’s recent attempt to justify Ockham’s Razor in terms of truth-finding efficiency. It is argued that Kelly’s justification fails to warrant confidence in the empirical content of theories recommended by Ockham’s Razor. This is a significant problem if, as Kelly and many others believe, considerations of simplicity play a pervasive role in scientific reasoning, underlying even our best tested theories, for the proposal will fail to warrant the use of these theories in practical prediction.

This paper discusses the role that appeals to theoretical simplicity have played in the debate between nativists and empiricists in cognitive science. Both sides have been keen to make use of such appeals in defence of their respective positions about the structure and ontogeny of the human mind. Focusing on the standard simplicity argument employed by empiricist-minded philosophers and cognitive scientists—what I call “the argument for minimal innateness”—I identify various problems with such arguments—in particular, the apparent arbitrariness of the relevant (...) notions of simplicity at work. I then argue that simplicity ought not be seen as a theoretical desideratum in its own right, but rather as a stand-in for other desirable features of theories. In this deflationary vein, I argue that the best way of interpreting the argument for minimal innateness is to view it as an indirect appeal to various potential biological constraints on the amount of innate structure that can wired into the human mind. I then consider how nativists may respond to this biologized version of the argument, and discuss the role that similar biological concerns have played in recent nativist theorizing in the Minimalist Programme in generative linguistics. (shrink)

Based on the results of empirical studies of folk moral judgment, several researchers have claimed that something like the famous Doctrine of Double Effect may be a fundamental, albeit unconscious, component of human moral psychology. Proponents of this psychological DDE hypothesis have, however, said surprisingly little about how the distinction at the heart of standard formulations of the principle—the distinction between intended and merely foreseen consequences—might be cognised when we make moral judgments about people’s actions. I first highlight the problem (...) of precisely formulating the distinction between intended and foreseen consequences and its implications for interpreting the empirical data on folk moral judgment. I then distinguish between three different approaches to this problem that have been taken by proponents of the DDE in normative ethics: so-called “closeness” accounts, accounts that employ what has come to be known as a “strict” notion of intention, and Warren Quinn’s recasting of the DDE in terms of the distinction between “direct” and “indirect agency”. I show that when taken as claims about moral psychology, these different accounts entail quite different empirical predictions about what people’s moral judgments should be in particular cases. Based on the current empirical data, I argue that a version of Quinn’s formulation of the DDE is the most empirically plausible, and that adopting such a formulation helps to diffuse much of the recent empirical criticism of the DDE hypothesis. (shrink)

Mikhalevich & Powell are to be commended for challenging the “invertebrate dogma” that invertebrates are unworthy of ethical concern. However, developing an evolutionarily inclusive ethics requires facing some of the more radical implications of rejecting hierarchical scala naturae and human-centered conceptions of the biological world. In particular, we need to question the anthropocentric assumptions that still linger in discussions like these.

Is morality uniquely human or does morality exist in at least some non-human animals? Are animals full-fledged moral creatures or do they merely exhibit proto-morality—evolutionary building blocks or precursors to morality, but not quite the genuine article? Such questions, prompted by remarkable advances in empirical research into the social and emotional lives of non-human animals, have aroused much recent interest amongst scientists, philosophers, and in the popular media, not least for their apparent bearing on questions of human uniqueness, evolution, and (...) the ethical status of animals. The debate over animal morality has produced many valuable contributions and stimulated new areas for empirical and theoretical research. However, focusing on these questions has led researchers to talk at cross-purposes and down some unproductive paths. The problem concerns the terms ‘morality’ and ‘moral’. (shrink)

In his recent book Bad Beliefs and Why They Happen to Good People, Neil Levy argues that conspiracy theories result from the same rational processes that underlie epistemic success. While we think many of Levy’s points are valuable, like his criticism of the myth of individual cognition and his emphasis on the importance of one’s social epistemic environment, we believe that his account overlooks some important aspects. We argue that social deference is an active process, and as such can be (...) helped or hindered by epistemic virtues and vices. With this in mind, holders of bad beliefs acquire more responsibility than is considered by Levy. (shrink)

The turn of the nineteenth century marked a rich and exciting explosion of philosophical energy and talent. The enormity of the revolution set off in philosophy by Immanuel Kant was comparable, in Kant's own estimation, with the Copernican Revolution that ended the Middle Ages. The movement he set in motion, the fast-moving and often cantankerous dialectic of "German Idealism," inspired some of the most creative philosophers in modern times: including G. W. F. Hegel and Arthur Schopenhauer as well as those (...) who reacted against Kant--Marx and Kierkegaard, for example. This volume traces the emergence of German Idealism from Kant and his predecessors through the first half of the nineteenth century, ending with the irrationalism of Kierkegaard. It provides a broad, scholarly introduction to this period for students of philosophy and related disciplines, as well as some original interpretations of these authors. Also included is a glossary of technical terms as well as a chronological table of philosophical, scientific and other important cultural events. (shrink)

In "Exploring 'Atlas Shrugged': Ayn Rand’s Magnum Opus (2021)," Edward W. Younkins has compiled several of his essays on Ayn Rand's novel "Atlas Shrugged." The volume leads with an “Introduction” that contextualizes the importance of "Atlas Shrugged" and provides a detailed overview of each chapter. Chapter 1 gives a synopsis of the novel. Chapter 2 examines "Atlas Shrugged" as both philosophy and literature. In Chapter 3, Younkins looks at it as a treatise on economics before turning in Chapter 4 to (...) consider it as a story about business. Chapter 5 discusses it as a novel about and a blueprint for social change. In the “Appendix,” Younkins provides an overview of the philosophy of Objectivism. "Exploring 'Atlas Shrugged': Ayn Rand’s Magnum Opus" is a significant contribution and highly recommended for instructors, students, and the general reader. Younkins’s volume can serve as an instructor’s resource for those teaching "Atlas Shrugged," as a companion text for students in those courses, or as a stand-alone book for readers who are familiar with the book and are interested in a fresh examination of this timeless novel from a thematic, structural, and character-development point of view. (shrink)

Conwy Lloyd Morgan (1852–1936) is widely regarded as the father of modern comparative psychology. Yet, Morgan initially had significant doubts about whether a genuine science of comparative psychology was even possible, only later becoming more optimistic about our ability to make reliable inferences about the mental capacities of non-human animals. There has been a fair amount of disagreement amongst scholars of Morgan’s work about the nature, timing, and causes of this shift in Morgan’s thinking. We argue that Morgan underwent two (...) quite different shifts of attitude towards the proper practice of comparative psychology. The first was a qualified acceptance of the Romanesian approach to comparative psychology that he had initially criticized. The second was a shift away from Romanes’ reliance on systematizing anecdotal evidence of animal intelligence towards an experimental approach, focused on studying the development of behaviour. We emphasize the role of Morgan’s evolving epistemological views in bringing about the first shift – in particular, his philosophy of science. We emphasize the role of an intriguing but overlooked figure in the history of comparative psychology in explaining the second shift, T. Mann Jones, whose correspondence with Morgan provided an important catalyst for Morgan’s experimental turn, particularly the special focus on development. We also shed light on the intended function of Morgan’s Canon, the methodological principle for which Morgan is now mostly known. The Canon can only be properly understood by seeing it in the context of Morgan’s own unique experimental vision for comparative psychology. (shrink)

It is argued that medical science requires a classificatory system that (a) puts functions in the taxonomic center and (b) does justice ontologically to the difference between the processes which are the realizations of functions and the objects which are their bearers. We propose formulae for constructing such a system and describe some of its benefits. The arguments are general enough to be of interest to all the life sciences.

It is argued that medical science requires a classificatory system that (a) puts functions in the taxonomic center and (b) does justice ontologically to the difference between the processes which are the realizations of functions and the objects which are their bearers. We propose formulae for constructing such a system and describe some of its benefits. The arguments are general enough to be of interest to all the life sciences.

The current informal practice of pharmacometrics as a combination art and science makes it hard to appreciate the role that informatics can and should play in the future of the discipline and to comprehend the gaps that exist because of its absence. The development of pharmacometric informatics has important implications for expediting decision making and for improving the reliability of decisions made in model-based development. We argue that well-defined informatics for pharmacometrics can lead to much needed improvements in the efficiency, (...) effectiveness, and reliability of the pharmacometrics process. The purpose of this paper is to provide a description of the pervasive yet often poorly appreciated role of informatics in improving the process of data assembly, a critical task in the delivery of pharmacometric analysis results. First, we provide a brief description of the pharmacometric analysis process. Second, we describe the business processes required to create analysis-ready data sets for the pharmacometrician. Third, we describe selected informatic elements required to support the pharmacometrics and data assembly processes. Finally, we offer specific suggestions for performing a systematic analysis of existing challenges as an approach to defi ning the next generation of pharmacometric informatics. (shrink)

I argue that Kathleen Stock omits crucial information in her 2021 book Material Girls, when she debates with Thomas Laqueur, information which enables readers to appreciate the excitement in relation to his historical discovery. I argue further that this is more than just a communicational problem. I then present a reason for rejecting the theory Laqueur uncovers: the initially strange theory that there is just one sex. But I argue that the one sex theory is unlikely to be killed (...) off by this reason. I also raise a concern about Stock’s interpretation of Mrs. Gaskell’s Cranford. The writing style here is influenced by an essay by a medic. (shrink)

I consider Kathleen Stock’s response to trans-rights claims which appeals to the concept of immersion in a fiction. I propose that some fictional personas, however artificial they seem, are fixed points within a subject’s system. That fiction is there come what may.

How well do we understand our own societies? In this paper, I raise quite obvious puzzles for Diego Gambetta and Gloria Origgi’s depiction of Italy as a kakonomy and Kathleen Stock’s depiction of ordinary people.

This paper responds to Kathleen Stock’s attempt to explain a puzzling fact, at least from her standpoint: widespread assertions that some people who are biologically male are women and some people who are biologically female are men. She regards these assertions as made while immersed in a fiction. Stock rejects an alternative explanation – that a lot of these people have read Judith Butler or 1970s feminism. Clarifying that explanation reveals it to be not so easy to dismiss.

This is a one page handout identifying some notable omissions from her brief history of gender identity theory.

The result of the doctoral work of the author, this volume reflects well her painstaking eff orts of the investigative trail into the life of Sir John Woodroffe. This book gives a concise yet overall view of the large and multifarious canvas of the personality that Woodroffe was. Including rare photographs, facsimiles of letters and notes, an elaborate bibliography and index, this book fills a void by fulfilling the long-felt need of a good biography of a soul, who preferred to (...) remain anonymous and speak to the world only through this writings under his pen name, Arthur Avalon. (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or (...) decomposition of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)