Results for 'Kenneth M. Heilman'

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  1. Intentions in Artifactual Understandings of Law.Kenneth M. Ehrenberg - 2022 - In Luka Burazin, Kenneth Einar Himma, Corrado Roversi & Paweł Banaś (eds.), The Artifactual Nature of Law. Northampton, MA, USA: Edward Elgar Publishing. pp. 16-36.
    The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...)
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  2. Defending the possibility of a neutral functional theory of law.Kenneth M. Ehrenberg - 2008 - Oxford Journal of Legal Studies 29 (1):91.
    I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...)
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  3. An Artefactual Theory of Precedent.Kenneth M. Ehrenberg - 2023 - In Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis (eds.), Philosophical Foundations of Precedent. Oxford University Press. pp. 268-280. Translated by Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis.
    This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...)
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  4. Law is not (best considered) an essentially contested concept.Kenneth M. Ehrenberg - 2011 - International Journal of Law in Context 7:209-232.
    I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...)
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  5. Ontology and Reason Giving in Law.Kenneth M. Ehrenberg - 2016 - In Paweł Banaś, Adam Dyrda & Tomasz Gizbert-Studnicki (eds.), Metaphilosophy of Law. Portland, Oregon: Hart. pp. 147-158.
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  6. The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
    I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...)
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  7. Medical Complicity and the Legitimacy of Practical Authority.Kenneth M. Ehrenberg - 2020 - Ethics, Medicine and Public Health 12.
    If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...)
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  8. Procedural Justice and Information in Conflict-Resolving Institutions.Kenneth M. Ehrenberg - 2003 - Albany Law Review 67:167-209.
    Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.
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  9. Less Evidence, Better Knowledge.Kenneth M. Ehrenberg - 2015 - McGill Law Journal 60 (2):173-214.
    In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...)
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  10. Law as Plan and Artefact.Kenneth M. Ehrenberg - 2016 - Jurisprudence 7 (2):325-340.
    Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...)
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  11. Law’s Artifactual Nature: How Legal Institutions Generate Normativity.Kenneth M. Ehrenberg - 2015 - In George Pavlakos & Veronica Rodriguez-Blanco (eds.), Reasons and Intentions in Law and Practical Agency. New York: Cambridge University Press. pp. 247-266.
    I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
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  12. Law's Authority is not a Claim to Preemption.Kenneth M. Ehrenberg - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...)
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  13. Social Structure and Responsibility.Kenneth M. Ehrenberg - 1999 - Loyola Poverty Law Journal 5:1-26.
    Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.
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  14. Harvesting the Promise of AOPs: An assessment and recommendations.Annamaria Carusi, Mark R. Davies, Giovanni De De Grandis, Beate I. Escher, Geoff Hodges, Kenneth M. Y. Leung, Maurice Wheelan, Catherine Willet & Gerald T. Ankley - 2018 - Science of the Total Environment 628:1542-1556.
    The Adverse Outcome Pathway (AOP) concept is a knowledge assembly and communication tool to facilitate the transparent translation of mechanistic information into outcomes meaningful to the regulatory assessment of chemicals. The AOP framework and associated knowledgebases (KBs) have received significant attention and use in the regulatory toxicology community. However, it is increasingly apparent that the potential stakeholder community for the AOP concept and AOP KBs is broader than scientists and regulators directly involved in chemical safety assessment. In this paper we (...)
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  15. Responses to the Religion Singularity: A Rejoinder.Darren M. Slade & Kenneth W. Howard - 2019 - Socio-Historical Examination of Religion and Ministry 1 (1):51-74.
    Since the publication of Kenneth Howard’s 2017 article, “The Religion Singularity: A Demographic Crisis Destabilizing and Transforming Institutional Christianity,” there has been an increasing demand to understand the root causes and historical foundations for why institutional Christianity is in a state of de-institutionalization. In response to Howard’s research, a number of authors have sought to provide a contextual explanation for why the religion singularity is currently happening, including studies in epistemology, church history, psychology, anthropology, and church ministry. The purpose (...)
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  16. PRESENT BUT NOT POWERFUL: GLASS CEILING ON THE CAREER DEVELOPMENT OF SELECTED LGBTQIA+ EMPLOYEES.Raizza L. De Guzman, Mark Joseph J. Coro, Antonio Norberto A. De Castro, Kenneth S. San Buenaventura, Anietan M. Relevo, Charmish P. Esteves & Jowenie A. Mangarin - 2024 - Get International Research Journal 2 (1):1-14.
    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 (...)
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  17. The logic of phenomenal transparency.Kenneth Williford - 2007 - Soochow Journal of Philosophical Studies 2007 (16):181-195.
    This paper explores the logical consequences of the the thesis that all of the essential properties of consciousness can be known introspectively (Completeness, called "Strong Transparency" in the paper, following D.M. Armstrong's older terminology). It is argued that it can be known introspectively that consciousness does not have complete access to its essential properties; and it is show how this undermines conceivability arguments for dualism.
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  18. Univocity, Duality, and Ideal Genesis: Deleuze and Plato.John Bova & Paul M. Livingston - 2017 - In Abraham Jacob Greenstine & Ryan J. Johnson (eds.), Contemporary Encounters with Ancient Metaphysics. Edinburgh: Edinburgh University Press. pp. 65-85.
    In this essay, we consider the formal and ontological implications of one specific and intensely contested dialectical context from which Deleuze’s thinking about structural ideal genesis visibly arises. This is the formal/ontological dualism between the principles, ἀρχαί, of the One (ἕν) and the Indefinite/Unlimited Dyad (ἀόριστος δυάς), which is arguably the culminating achievement of the later Plato’s development of a mathematical dialectic.3 Following commentators including Lautman, Oskar Becker, and Kenneth M. Sayre, we argue that the duality of the One (...)
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  19. Perpetual anarchy : From economic security to financial insecurity.S. M. Amadae - 2017 - Finance and Society 2 (3):188-96.
    This forum contribution addresses two major themes in de Goede’s original essay on ‘Financial security’: (1) the relationship between stable markets and the proverbial ‘security dilemma’; and (2) the development of new decision-technologies to address risk in the post-World War II period. Its argument is that the confluence of these two themes through rational choice theory represents a fundamental re-evaluation of the security dilemma and its relationship to the rule of law governing market relations, ushering in an era of perpetual (...)
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  20. Life without Virtue: Economists Rule; Review Essay of Dani Rodrik's Economics Rules.S. M. Amadae - 2020 - Economic Issues 25 (2):51-70.
    This review essay of Economics Rules situates Dani Rodrik’s contribution with respect to the 2007–2008 global economic crisis. This financial meltdown, which the eurozone did not fully recover from before the Covid-19 pandemic, led to soul- searching among economists as well as a call for heterodox economic approaches. Yet, over the past decade, instead the economics profession has maintained its orthodoxy. Rodrik’s Economics Rules offers a critique of the economics profession that is castigating but mild. It calls for economists to (...)
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  21. Evoluția și etica eugeniei.Nicolae Sfetcu - manuscript
    În acest articol încerc să argumentez opinia că, așa cum este definită eugenia, este foarte dificil de făcut o diferențiere clară între știință (medicină, ingineria genetică) și eugenie. Și de stabilit o linie peste care ingineria genetică nu ar trebui să treacă, conform unor norme morale, juridice și religioase. Atâta timp cât acceptăm ajutorul geneticii în găsirea unor modalități de combatere a cancerului, diabetului sau HIV, acceptăm în mod implicit și eugenia pozitivă, conform definiției actuale. Și atâta timp cât acceptăm (...)
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  22. Jewish Themes in Spinoza's Philosophy (review).Yisrael Yehoshua Melamed - 2003 - Journal of the History of Philosophy 41 (3):417-418.
    In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 417-418 [Access article in PDF] Heidi M. Ravven and Lenn E. Goodman, editors. Jewish Themes in Spinoza's Philosophy. Albany: The State University of New York Press, 2002. Pp. ix + 290. Cloth, $78.50. Paper, $26.95.The current anthology presents an important contribution to the study of Spinoza's relation to Jewish philosophy as well as to contemporary scholarship of Spinoza's metaphysics and political (...)
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  23. ONT.Paul Bali - manuscript
    contents -/- ONT vol 1 i. short review: Beyond the Black Rainbow ii. as you die, hold one thought iii. short review: LA JETÉE -/- ONT vol 2 i. maya means ii. short review: SANS SOLEIL iii. vocab iv. eros has an underside v. short review: In the Mood for Love -/- ONT vol 3 i. weed weakens / compels me ii. an Ender's Game after-party iii. playroom is a realm of the dead iv. a precise german History v. short (...)
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  24. Just War contra Drone Warfare.Joshua M. Hall - 2023 - Conatus 8 (2):217-239.
    In this article, I present a two-pronged argument for the immorality of contemporary, asymmetric drone warfare, based on my new interpretations of the just war principles of “proportionality” and “moral equivalence of combatants” (MEC). The justification for these new interpretations is that drone warfare continues to this day, having survived despite arguments against it that are based on traditional interpretations of just war theory (including one from Michael Walzer). On the basis of my argument, I echo Harry Van der Linden’s (...)
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  25. Introducing Spirit/Dance: Reconstructed Spiritual Practices.Joshua M. Hall - forthcoming - Journal for Cultural and Religious Theory.
    This project was provoked by the almost nonexistent pushback from the Democratic liberal establishment to the (2020) exoneration of Kyle Rittenhouse, despite his acknowledged killing of two Black Lives Matters protesters against the police murder of George Floyd. It builds on three prior articles arguing for the revival of ancient Dionysian practice, Haitian Vodou, and Indigenous South American shamanism to empower leftist revolution. In essence, I propose an assemblage of spiritual practices that are accessible today for the neo-colonized 99% of (...)
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  26. On Law as Poetry: Shelley and Tocqueville.Joshua M. Hall - forthcoming - South African Journal of Philosophy 3 (40).
    Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...)
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  27. Spirit Tactics, Exorcising Dances.Joshua M. Hall - 2024 - Idealistic Studies 54 (1):27-48.
    In Michel de Certeau’s Invention of the Everyday, improvisational community dance function as a catalyst for the subversive art of the oppressed, via its ancient Greek virtue/power of mētis, being “foxlike.” And in de Certeau’s The Possession of Loudun, this foxlike dance moves to the stage, as an improv chorus that disrupts the events at Loudon when reimagined as a tetralogy of plays at City Dionysia. More precisely, Loudun’s tetralogy could be interpreted as a series of three tragedies and one (...)
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  28. Core Aspects of Dance: Aristotle on Positure.Joshua M. Hall - 2019 - Journal of Aesthetic Education 53 (1):1-16.
    [First paragraph]: This article is part of a larger project in which I suggest a historically informed philosophy of dance, called “figuration,” consisting of new interpretations of canonical philosophers. Figuration consists of two major parts, comprising (a) four basic concepts, or “moves”—namely, “positure,” “gesture,” “grace,” and “resilience”—and (b) seven types, or “families” of dance—namely, “concert,” “folk,” “societal,” “agonistic,” “animal,” “astronomical,” and “discursive.” This article is devoted to the first of these four moves, as illustrated by both its importance for Aristotle (...)
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  29. Farber’s Reimagined Mad Pride: Strategies for Messianic Utopian Leadership.Joshua M. Hall - 2022 - Journal of Medical Humanities 43 (4):585–600.
    In this article, I explore Seth Farber’s critique in _The Spiritual Gift of Madness_ that the leaders of the Mad Pride movement are failing to realize his vision of the mad as spiritual vanguard of sociopolitical transformation. First, I show how, contra Farber’s polemic, several postmodern theorists are well suited for this leadership (especially the Argentinian post-Marxist philosopher Ernesto Laclau). Second, I reinterpret the first book by the Icarus Project, _Navigating the Space between Brilliance and Madness_, by reimagining its central (...)
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  30. Dancing-with Cognitive Science: Three Therapeutic Provocations.Joshua M. Hall - forthcoming - Middle Voices.
    According to the “Embodied Cognition” entry in the Stanford Encyclopedia of Philosophy, the three landmark texts in the 4E cognitive science tradition are Lakoff and Johnson’s Metaphors We Live By, Varela, Thompson, and Rosch’s The Embodied Mind, and Andy Clark’s Being There. In my first section, I offer a phenomenological interpretation of these three texts, identifying recuring affirmations of the figure of dance alongside explicit marginalization of the practice of dance, perhaps in part due to cognitive science’s overemphasis on cognition (...)
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  31. Decolonization Coopted: Deleuze in Palestine.Joshua M. Hall - forthcoming - A Decolonial Manual.
    In his influential history of the post-1967 history of the Palestinian Occupation, radical Israeli architect Eyal Weizman show how even well-meaning decolonial efforts from privileged allies can be coopted by the colonizers, in what I call “de-decolonizing.” Here I focus on one of his examples, namely IDF (Israeli Defense Force) military professors repurposing the anarcho-communist philosophy of French postmodernist Gilles Deleuze into a weapon against Palestinian guerrilla resistance. My conclusion is that attempted decolonizing via (inevitably complicit) privileged allies must include (...)
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  32.  71
    Emerald Star-Law: Three Interpretations of Earth Jurisprudence.Joshua M. Hall - forthcoming - Philosophy Today.
    Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...)
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  33. Toward a Salsa Dancing Hegemony: Dancing-with Laclau with-Derrida.Joshua M. Hall - forthcoming - Research in Dance Education.
    In the present article, the first section recapitulates my “figuration” philosophy of dance, the “dancing-with” interpretive method derived therefrom, and my previous application of figuration to salsa dance as a decolonizing gestural discourse. The second section deepens and modifies this analysis through a reinterpretation of Argentinian philosopher Ernesto Laclau’s concept of hegemony and his dance-resonant interpretations of Derrida. And the final section offers a template for this hegemonic dancing-with in the Birmingham, Alabama Latin dance troupe, Corazon de Alabama (Heart of (...)
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  34. A Phenomenology of Race in Frege's Logic.Joshua M. Hall - forthcoming - Humanities Bulletin.
    This article derives from a project attempting to show that Western formal logic, from Aristotle onward, has both been partially constituted by, and partially constitutive of, what has become known as racism. In the present article, I will first discuss, in light of Frege’s honorary role as founder of the philosophy of mathematics, Reuben Hersh’s What is Mathematics, Really? Second, I will explore how the infamous section of Frege’s 1924 diary (specifically the entries from March 10 to April 9) supports (...)
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  35. Philosophy of Dance and Disability.Joshua M. Hall - 2018 - Philosophy Compass 13 (12):e12551.
    The emerging field of the philosophy of dance, as suggested by Aili Bresnahan, increasingly recognizes the problem that (especially pre‐modern) dance has historically focused on bodily perfection, which privileges abled bodies as those that can best make and perform dance as art. One might expect that the philosophy of dance, given the critical and analytical powers of philosophy, might be helpful in illuminating and suggesting ameliorations for this tendency in dance. But this is particularly a difficult task since the analytic (...)
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  36. Questions of Race in Leibniz's Logic.Joshua M. Hall - forthcoming - Journal of Comparative Literature and Aesthetics.
    This essay is part of larger project in which I attempt to show that Western formal logic, from its inception in Aristotle onward, has both been partially constituted by, and partially constitutive of, what has become known as racism. More specifically, (a) racist/quasi-racist/proto-racist political forces were part of the impetus for logic’s attempt to classify the world into mutually exclusive, hierarchically-valued categories in the first place; and (b) these classifications, in turn, have been deployed throughout history to justify and empower (...)
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  37. On Three Arguments Against Metaphysical Libertarianism.Ken M. Levy - 2023 - Review of Metaphysics 76 (4):725-748.
    I argue that the three strongest arguments against metaphysical libertarianism—the randomness objection, the constitutive luck objection, and the physicalist objection—are actually unsuccessful and therefore that metaphysical libertarianism is more plausible than the common philosophical wisdom allows. My more positive thesis, what I will refer to as “Agent Exceptionalism,” is that, when making decisions and performing actions, human beings can indeed satisfy the four conditions of metaphysical libertarianism: the control condition, the rationality condition, the ultimacy condition, and the physicalism condition.
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  38. Kopenawa’s Shamanic Parrhesia: Wasp Spirits vs. White Climate Epidemic.Joshua M. Hall - forthcoming - Parrhesia.
    In a 2014 article in The Guardian, an Indigenous shaman of the Yanomami people of the Amazon rainforest named Davi Kopenawa offers a devastating critique of white society. It is formed of excerpts from multiple interviews, which form the basis of his memoir The Falling Sky, compiled and translated by his French anthropologist collaborator Bruce Albert. Here I bring the dual lenses of philosophy and dance studies to explore how Kopenawa’s lifelong interaction with white people facilitated his reworking of Yanomami (...)
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  39. Schiller’s Dancing Vanguard: From Grace and Dignity to Utopian Freedom.Joshua M. Hall - 2023 - Idealistic Studies 53 (1):1-21.
    Against caricatures of the poet-philosopher Friedrich Schiller as an unoriginal popularizer of Kant, or a forerunner of totalitarianism, Frederick Beiser reinterprets him as an innovative, classical republican, broadening his analysis to include Schiller’s poetry, plays, and essays not widely available in English translation, such as the remarkable essay, “On Grace and Dignity.” In that spirit, the present article argues that the latter text, misperceived by Anglophone critics as self-contradictory, is better understood as centering on gender and dance. In brief, grace (...)
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  40. Astral legal justice: Between law’s poetry and justice’s dance.Joshua M. Hall - 2023 - South African Journal of Philosophy 42 (2):108-116.
    In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...)
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  41. Afro-Latin Dance as Reconstructive Gestural Discourse: The Figuration Philosophy of Dance on Salsa.Joshua M. Hall - 2020 - Research in Dance Education 22:1-15.
    The Afro-Latin dance known as ‘salsa’ is a fusion of multiple dances from West Africa, Muslim Spain, enslaved communities in the Caribbean, and the United States. In part due to its global origins, salsa was pivotal in the development of the Figuration philosophy of dance, and for ‘dancing with,’ the theoretical method for social justice derived therefrom. In the present article, I apply the completed theory Figuration exclusively to salsa for the first time, after situating the latter in the dance (...)
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  42. Bodily-Social Copresence Androgyny: Rehabilitating a Progressive Strategy.Joshua M. Hall - 2018 - International Journal of Applied Philosophy 32 (1).
    Historically, the concept of androgyny has been as problematic as it has been appealing to Western progressives. The appeal clearly includes, inter alia, the opportunity to abandon or ameliorate certain identities. As for the problematic dimension, the central problem seems to be the reduction of otherness to the norms of straight white middle/upper-class Western cismen, particularly because of the consequent worsening of actual others’ marginalization and exclusion from social institutions. Despite these problems, I wish to suggest that androgyny—as evidenced by (...)
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  43. Core Aspects of Dance: Schiller and Dewey on Grace.Joshua M. Hall - 2013 - Dance Chronicle 40 (1):74-98.
    Part of a larger project of constructing a new, historically informed philosophy of dance, built on four phenomenological constructs that I call “Moves,” this essay concerns the third Move, “grace.” The etymology of the word “grace” reveals the entwined meanings of pleasing quality and authoritative power, which may be combined as “beautiful force.” I examine the treatments of grace in German philosopher Friedrich Schiller, who understands it as playful, naive transformation of matter; and in American philosopher John Dewey, for whom (...)
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  44. Judith Butler and a Pedagogy of Dancing Resilience.Joshua M. Hall - 2020 - Journal of Aesthetic Education 54 (3):1-16.
    This essay is part of a larger project in which I construct a new, historically-informed, social justice-centered philosophy of dance, centered on four central phenomenological constructs, or “Moves.” This essay in particular is about the fourth Move, “resilience.” More specifically, I explore how Judith Butler engages with the etymological aspects of this word, suggesting that resilience involves a productive form of madness and a healthy form of compulsion, respectively. I then conclude by showing how “resilience” can be used in the (...)
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  45. Guerrilla Warrior-Mages: Tiqqun and Magic: The Gathering.Joshua M. Hall - 2023 - Philosophy Today 67 (2):405-425.
    If, as asserted by the French collective Tiqqun, we are essentially living in a global colony, where the 1% control the 99%, then it follows that the revolutionary struggle should strategically reorient itself as guerrilla warfare. The agents of this war, Tiqqun characterize, in part, by drawing on ethnologists Pierre de Clastres and Ernesto de Martino, specifically their figures of the Indigenous American warrior and the Southern Italian sorcerer, respectively. Hybridizing these two figures into that of the “warrior-mage,” the present (...)
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  46. A Lockean argument for universal access to health care.Daniel M. Hausman - 2011 - Social Philosophy and Policy 28 (2):166-191.
    This essay defends the controversial and indeed counterintuitive claim that there is a good argument to be made from a Lockean perspective for government action to guarantee access to health care. The essay maintains that this argument is in some regards more robust than the well-known argument in defense of universal health care spelled out by Norman Daniels, which this essay also examines in some detail. Locke's view that government should protect people's lives, property, and freedom–where freedom is understood as (...)
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  47. Anzaldúa’s Snake-Bridge as Alternative to Mestizaje.Joshua M. Hall - forthcoming - The Journal of Aesthetic Education.
    In this article, I offer the figure of the snake-bridge as (a) the coiled central metaphor in Gloria Anzaldúa’s masterpiece, Borderlands/La Frontera, (b) the interpretive bridge connecting the early (This Bridge Called My Back) middle (Borderlands) and late (Light in the Dark) periods of her oeuvre, and (c) an alternate unifying metaphor to mestizaje. My first section offers a close reading of Borderlands, locating snake-bridge in the east-west snake of the Rio Grande that queer Chicana borderlanders cross north and south (...)
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  48. Systems without a graphical causal representation.Daniel M. Hausman, Reuben Stern & Naftali Weinberger - 2014 - Synthese 191 (8):1925-1930.
    There are simple mechanical systems that elude causal representation. We describe one that cannot be represented in a single directed acyclic graph. Our case suggests limitations on the use of causal graphs for causal inference and makes salient the point that causal relations among variables depend upon details of causal setups, including values of variables.
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  49. Revalorized Black Embodiment: Dancing with Fanon.Joshua M. Hall - 2012 - Journal of Black Studies 43 (3):274-288.
    This article explores Fanon's thought on dance, beginning with his explicit treatment of it in Black Skin, White Masks and The Wretched of the Earth. It then broadens to consider his theorization of Black embodiment in racist and colonized societies, considering how these analyses can be reformulated as a phenomenology of dance. This will suggest possibilities for fruitful encounters between the two domains in which (a) dance can be valorized while (b) opening up sites of resignification and resistance for Black (...)
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  50. Alfarabi's Imaginative Critique: Overflowing Materialism in Virtuous Community.Joshua M. Hall - 2015 - South African Journal of Philosophy 34 (2):175-192.
    Though currently marginalised in Western philosophy, tenth-century Arabic philosopher Abu Nasr Alfarabi is one of the most important thinkers of the medieval era. In fact, he was known as the ‘second teacher’ (after Aristotle) to philosophers such as Avicenna and Averroes. As this epithet suggests, Alfarabi and his successors engaged in a critical and creative dialogue with thinkers from other historical traditions, including that of the Ancient Greeks, although the creativity of his part is often marginalised as well. In this (...)
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