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

In recent years, feminist scholarship on emotional labor has proliferated. I identify a related but distinct form of care labor, hermeneutic labor. Hermeneutic labor is the burdensome activity of: understanding and coherently expressing one’s own feelings, desires, intentions, and movitations; discerning those of others; and inventing solutions for relational issues arising from interpersonal tensions. I argue that hermeneutic labor disproportionately falls on women’s shoulders in heteropatriachal societies, especially in intimate relationships between women and men. I also suggest that some of (...) the gendered burdens of emotional labor that feminist scholars point out would better be described as hermeneutic labor. Drawing on feminist philosophy as well as findings from social psychology and sociology, I argue that the exploitation of women’s hermeneutic labor is a pervasive element of what Sandra Bartky calls the ‘micropolitics’ of intimate relationships. The widespread expectation that women are relationship maintenance experts, as well as the prevalence of a gendered demand-withdraw pattern of communication, leads an exploitative situation to appear natural or even desirable, even as it leads to women’s dissatisfaction. This situation may be considered misogynistic in Kate Manne’s sense, where misogyny is a property of social environments rather than a worldview. (shrink)

Groups behave in a variety of ways. To show that this behavior amounts to action, it would be best to fit it into a general account of action. However, nearly every account from the philosophy of action requires the agent to have mental states such as beliefs, desires, and intentions. Unfortunately, theorists are divided over whether groups can instantiate these states—typically depending on whether or not they are willing to accept functionalism about the mind. But we can avoid this debate. (...) I show how a more general view of action captures what is central to action without mentioning mental states, and I argue that a group’s members can fulfill the role in group action that mental states play in our actions. Group behavior is explicable in terms of reasons, regardless of whether the group itself cognizes those reasons. After discussing the kind of reasons at issue and arguing that groups can act in light of them without minds, I assess how this account bears on the question of group responsibility. (shrink)

I consider Ralph Waldo Emerson’s creative appropriation of a philosophical doctrine that helps to make sense of an attitude towards life, its gifts and its burdens, that is often expressed in Puritan diaries. The doctrine, now known as the doctrine of continuous creation, holds that in conserving the world, God re-creates it at every moment, making the same creative effort at each ever-advancing now that God made at the very beginning. Continuous creation was explicitly endorsed by at least one Puritan (...) diarist, Jonathan Edwards, and it helps to explain the intense self-inspection and valiant response to life to which other Puritan diarists (including Emerson's aunt, Mary Moody Emerson) testify. Continuous creation was an important ingredient in the idealism of Edwards and, once translated, it became an important ingredient in the idealism of Emerson. My primary aim to describe Emerson’s creative translation of the doctrine as Edwards understood it, but I also discuss Emerson's relation to the Puritan diary, considered as a literary form. I close by suggesting that for us, a version of the doctrine of continuous creation can perhaps be a source of optimism and an incentive to action, as I believe it was for Emerson. I also comment briefly on Emerson's grateful reliance on text-to-text translations. When Emerson studied translations of sacred texts from around the world, what he heard was not difference and dissent, but agreement: agreement on the very points that united him with Edwards, different as they were in other ways. (shrink)

Against the standard view that the Republic’s division of goods distinguishes between intrinsic and instrumental value, a growing number of scholars have correctly argued that goods possess value δι᾽ αὑτό in virtue of some of their causal effects. However, these scholars have not yet given a convincing and principled account of what it means to be valuable διὰ τὰ γιγνόμενα ἀπ’ αὐτοῦ such that some effects can contribute to the value a good has δι᾽ αὑτό. In this paper I offer (...) such an account. (shrink)

In the Foundations of Mathematics, Ramsey attempted to amend Principia Mathematica’s logicism to meet serious objections raised against it. While Ramsey’s paper is well known, some questions concerning Ramsey’s motivations to write it and its reception still remain. This paper considers these questions afresh. First, an account is provided for why Ramsey decided to work on his paper instead of simply accepting Wittgenstein’s account of mathematics as presented in the Tractatus. Secondly, evidence is given supporting that Wittgenstein was not moved (...) by Ramsey’s objection against the Tractarian account of arithmetic, and a suggestion is made to explain why Wittgenstein reconsidered Ramsey’s account in the early thirties on several occasions. Finally, a reading is formulated to understand the basis on which Wittgenstein argues against Ramsey’s definition of identity in his 1927 letter to Ramsey. (shrink)

There have been many discussions recently from philosophers, cognitive scientists, and psychologists about group polarization, with online and social media environments in particular receiving a lot of attention, both because of people's increasing reliance on such environments for receiving and exchanging information and because such environments often allow individuals to selectively interact with those who are like-minded. My goal here is to argue that the group epistemologist can facilitate understanding the kinds of factors that drive group polarization in a way (...) that has been overlooked by the existing research. Specifically, I argue that polarization can occur in part because of the ways that members of a group treat the group itself (as opposed to an individual member within that group) as a source of information, and in doing so makes their own position, as well as that of the group, more extreme. I refer to this as a structural factor in driving polarization, and argue that such factors can contribute to explanations of polarization that occurs specifically in an important subset of groups, namely online and social media groups in which little is known about other members within the group, what I refer to as anonymous, semi-anonymous and pseudonymous (ASAP) groups. (shrink)

Schiller says that “it is only through beauty that man makes his way to freedom.” Here I attempt to defend a claim in the same spirit as Schiller’s but by different means. My thesis is that a person’s autonomous agency depends on their adopting an aesthetic identity. To act, we need to don contingent features of agency, things that structure our practical thought and explain what we do in very general terms but are neither universal nor necessary features of agency (...) as such. Without these things, the question of what to do for any individual would be underdetermined. The problem is that adopting such a contingent form of agency amounts to a restriction on what we can do, and so it is a prima facie threat to our autonomy. I will argue that one way, and indeed the only way, of meeting this challenge lies in aesthetic experience. Granting our capacity for aesthetic pleasure the authority to determine the particularities of our agency is compatible with autonomy because doing so means identifying with one’s capacity for pleasure in free and creative activity. Doing this allows us to be both particular sorts of agents and creatures regulated by the universalizing demands of reason. (shrink)

Isaac Levi targets an implicit tension in C.S. Peirce’s epistemology, one that exists between the need to always be open-minded and aware of our propensity to make mistakes so that we do not “block the road of inquiry,” and the need to treat certain beliefs as infallible and to doubt only in a genuine way so that inquiry can proceed in the first place. Attempts at alleviating this tension have typically involved interpreting Peirce as ascribing different normative standards to different (...) areas of inquiry. I argue here that such “double-standard” interpretations face significant problems. I offer instead an interpretation of Peirce on which the differences between different areas of inquiry are descriptive rather than normative. Such a view resolves Levi’s tension while interpreting Peirce as consistently subscribing to one normative standard for all inquiry. (shrink)

In recent decades, interest in non-monogamous intimate relationships has grown rapidly. Polyamory, relationship anarchy, consensual or ethical non-monogamy, and more have become popular in academic and public discourse. These practices destabilize the privileging of heterosexual nuclear families and the assumption that romantic coupledom is the ultimate form of love. Non-monogamous approaches flout cultural norms of exclusivity by avowing that intimacy is compatible with multiple dyadic and/or multi-party relationships. This article explores Simone de Beauvoir's theory and practice of non-monogamy in her (...) theoretical writings and diaries. (shrink)

In this chapter, we defend an explanationist version of proper functionalism. After explaining proper functionalism’s initial appeal, we note two major objections to proper functionalism: creatures with no design plan who appear to have knowledge (Swampman) and creatures with malfunctions that increase reliability. We then note how proper functionalism needs to be clarified because there are cases of what we call warrant-compatible malfunction. We then formulate our own view: explanationist proper functionalism, which explains the warrant-compatible malfunction cases and helps to (...) block the above objections. We also advance a positive argument for explanationist proper functionalism. (shrink)

Berkeley's main aim in his well-known early works was to identify and refute "the grounds of Scepticism, Atheism, and irreligion." This appears to place Berkeley within a well-established tradition of religious critics of Locke's epistemology, including, most famously, Stillingfleet. I argue that these appearances are deceiving. Berkeley is, in fact, in important respects an opponent of this tradition. According to Berkeley, Locke's earlier critics, including Stillingfleet, had misidentified the grounds of irreligion in Locke's philosophy while all the while endorsing the (...) true grounds of irreligion themselves. Locke's epistemology is innocent; matter and abstraction are to blame. (shrink)

In 1705, Mary Astell and Damaris Masham both published works advocating for women's use of individual judgment in matters of religion. Although both philosophers advocate for women's education and intellectual autonomy, and both are adherents of the Church of England, they differ dramatically in their attitudes to religious authority. These differences are rooted in a deeper disagreement about the nature of epistemic authority in general. Astell defends an interpersonal model of epistemic authority on which we properly trust testimony when the (...) testifier is answerable for its truth. Masham holds an evidence model of epistemic authority on which testimony is treated as an ordinary piece of empirical evidence. Central to Masham's argument is her contention that religious beliefs based on the kind of authority recognized by Astell could never serve as a stable source of moral motivation. Because of their different theories of epistemic authority, Masham's defense of women's intellectual autonomy leads to a radical anti-clericalism, while Astell's defense is fully consistent with her insistence on deference to the established church. (shrink)

Conventional approaches to consciousness assume that our current science tells us within tolerable limits what physical nature is. Because nature so understood cannot explain consciousness as we seem to experience it ourselves, explaining consciousness becomes a problem. One solution is to rethink what consciousness is so that it becomes the sort of thing our current natural science could in principle explain. Whitehead takes the opposite approach, using the existence of consciousness as a clue to what nature must be if it (...) can generate something like consciousness. The justification for this approach can be found in Whitehead’s implicit indictment of descriptive phenomenology. According to Whitehead, the seemingly insoluble problem of explaining consciousness naturalistically is an artifact created by the assumption that consciousness faithfully samples the world, when in fact it obscures the very aspects of nature that are indispensable to understanding how anything, including consciousness itself, could emerge through a physical process. (shrink)

Alvin Plantinga has famously argued that the naturalist who accepts evolutionary theory has a defeater for all of her beliefs, including her belief in naturalism and evolution. Hence, he says, naturalism, when conjoined with evolution, is self defeating and cannot be rationally accepted. This is known as the evolutionary argument against naturalism (EAAN). However, Tyler Wunder (Religious Studies 51:391– 399, 2015) has recently shown that if the EAAN is framed in terms of objective probability and theism is assumed to be (...) non-contingent, then either theism is necessarily false or the EAAN is unsound. Neither option is attractive to the proponent of the EAAN. Perry Hendricks (Religious Studies 1–5, 2018) has responded to Wunder’s criticism, showing that the EAAN can be salvaged and, indeed, strengthened, by framing it in terms not of naturalism (N), but of a proposition that is entailed by N that is also consistent with theism. We will show that once Hendricks’ solution to Wunder’s objection is accepted, a puzzle ensues: if the EAAN provides the naturalist with a defeater for all of her beliefs, then an extension of it appears to provide God with a defeater for all of his beliefs. After bringing out this puzzle, we suggest several ways in which the proponent of the EAAN might solve it, but also show some potential weaknesses in these purported solutions. Whether the solutions to the puzzle that we consider ultimately succeed is unclear to us. (Translation: the authors disagree. One author thinks that the solutions (or,at least, some of them) that we consider do solve the puzzle while the other author does not.) However, it is clear to us that this is an issue that proponents of the EAAN need to address. (shrink)

Most business ethicists maintain that corporate actors are subject to a variety of moral obligations. However, there is a persistent and underappreciated concern that the competitive pressures of the market somehow provide corporate actors with a far-reaching excuse from meeting these obligations. Here, we assess this concern. Blending resources from the history of philosophy and strategic management, we demonstrate the assumptions required for and limits of this excuse. Applying the idea of ‘the state of nature’ from Thomas Hobbes, we suggest (...) that corporate actors would be excused from duties if complying with them threatened their vital interests. We show how this excuse is not available for most individuals within firms; instead, it is an excuse perhaps available to firms themselves, but only given substantive assumptions about corporate personhood. For those willing to make these assumptions, we apply the competitive advantage construct to delimit the scope of this excuse. We suggest that firms are excused from fulfilling an obligation when complying leads to a competitive disadvantage, as this imperils the firm’s vital interests. After revealing why this excuse does not generalize, we conclude by considering when we should reform the market to avoid the legitimacy of this excuse. (shrink)

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 (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

There have been many attempts to retire dualism from active philosophic life, replacing it with something less removed from science, but we are no closer to that goal now than fifty years ago. I propose breaking the stalemate by considering marginal perspectives that may help identify unrecognized assumptions that limit the mainstream debate. Comparison with Whitehead highlights ways that opponents of dualism continue to uphold the Cartesian “real distinction” between mind and body. Whitehead, by contrast, insists on a conceptual distinction: (...) there can no more be body without mind than mind without body (at least at the level of ultimate constituents). Key to this integration is Whitehead’s understanding that mind, at its most rudimentary, is simply the intrinsic temporality of a physical event. Thus, the resulting form of “panpsychism” is more naturalistic than commonly supposed, and it solves both the composition problem (traditionally fatal to panpsychism) and the “hard problem.”. (shrink)

"Plato and Nietzsche contra Phaedo-Platonism" would be an appropriate subtitle for this chapter, in which I develop a reading of Plato's Phaedo as a work of philosophical art, and Plato as a philosopher-artist (in a Nietzschean mode). The chapter includes an argument that, contrary to the standard reading, the Phaedo does not teach the doctrine of escape from the cycle of rebirth (pp. 151-160). As significant as this conclusion is in and for itself, it implies as well that Nietzsche cannot (...) appeal to this doctrine to condemn Socrates' attitude to life--though he does have other similar grounds on which to condemn him. My reading implies also that since in the Phaedo Plato subverts Socrates' style of philosophy, so objectionable to Nietzsche, we should take Plato as Nietzsche's ally in the struggle against Socrates rather than his enemy. (shrink)

ABSTRACT Although in recent years Christine Ladd-Franklin has received recognition for her contributions to logic and psychology, her role in late nineteenth- and early twentieth-century philosophy, as well as her relationship with American pragmatism, has yet to be fully appreciated. My goal here is to attempt to better understand Ladd-Franklin’s place in the pragmatist tradition by drawing attention to her work on the nature and unity of the proposition. The question concerning the unity of the proposition – namely, the problem (...) of how to determine what differentiates a mere collection of terms from a unified and meaningful proposition – received substantial attention in Ladd-Franklin’s time, and would continue to interest analytic philosophers well into the twentieth century. I argue that Ladd-Franklin had a distinct theory of the proposition and solution to the problem of the unity of the proposition that she developed over the course of her writings on logic and philosophy. In spelling out her views, I will also show her work interacted with and influenced that of the pragmatist who was her greatest influence, C.S. Peirce. (shrink)

Herman Melville was so estranged from the religious beliefs of his time and place that his faith was doubted during his own lifetime. In the middle of the twentieth century some scholars even associated him with nihilism. To date, however, no one has offered a detailed account of Melville in relation to Nietzsche, who first made nihilism a topic of serious concern to the Western philosophical tradition. In this essay, I discuss some of the hitherto unexplored similarities between Melville’s ideas (...) and Nietzsche’s reflections on and reactions to the death of God and the advent of nihilism in the West. (shrink)

Respondeat superior is a legal doctrine conferring liability from one party onto another because the latter stands in some relationship of authority over the former. Though originally a doctrine of tort law, for the past century it has been used within the criminal law, especially to the end of securing criminal liability for corporations. Here, I argue that on at least one prominent conception of criminal responsibility, we are not justified in using this doctrine in this way. Firms are not (...) answerable for the crimes committed by their employees, because firms cannot answer as to why the crime was committed; they lack the authority to offer the employee’s reasons for action. Though this rules out respondeat superior as a general principle, I show contexts in which vicarious liability is still appropriate in the criminal law, and I respond to a number of other concerns raised by this picture. (shrink)

Since the publication of the Remarks on the Foundations of Mathematics, Wittgenstein’s interpreters have endeavored to reconcile his general constructivist/anti-realist attitude towards mathematics with his confessed anti-revisionary philosophy. In this article, the author revisits the issue and presents a solution. The basic idea consists in exploring the fact that the so-called “non-constructive results” could be interpreted so that they do not appear non-constructive at all. The author substantiates this solution by showing how the translation of mathematical results, given by the (...) possibility of translation between logics, can be seen as a tool for partially implementing the solution Wittgenstein had in mind. (shrink)

Alan Hodgkin and Andrew Huxley used abductive reasoning to draw conclusions about the ionic basis of the action potential. Here we build on that initial proposal. First, we propose that Hodgkin and Huxley’s constitutive abductive reasoning has four features. Second, we argue that Hodgkin and Huxley are not alone in giving such arguments. Tolman, 1948, and Baumgartner, 1960, also gave such arguments. The implication is that such arguments are common enough in science that philosophers of science should pay more attention (...) to them. Third, we propose that constitutive abduction describes a method that scientists use to confirm constitutive hypotheses that is an alternative to the mutual manipulability approach that is familiar in the New Mechanist literature. (shrink)

In her Dinny Gordon series (1958–1965), junior novelist Anne Emery’s heroine manifests intellectual desire, a passionate engagement in the life of the mind along with the desire to connect with like-minded others. Within a genre which focused on socialization and dating, in Dinny, Emery normalizes a studious, inner-directed, yet feminine heroine, passionate about ancient history rather than football captains. Emery’s endorsement of the pleasure Dinny takes in intellectual work, and the friends and boyfriends Dinny collects, challenge stereotypes of intellectual girls (...) as dateless isolates while suggesting an alternative model of girlhood operating within apparent conformism to postwar “good girl” standards. (shrink)

Failure to recognize the "realistic" motivations for Putnam's commitment to internal realism has led to a widely shared misunderstanding of Putnam's arguments against metaphysical realism. Realist critics of these arguments frequently offer rebuttals that fail to confront his arguments. Simply put, Putnam's arguments --the brains in a vat argument as well as the model-theoretic argument -- are "reductios" that are intended to show that "metaphysical realism itself is not sufficiently realistic". If that claim can be substantiated then Putnam can go (...) on to argue that his own view is, by comparison, more realistic than metaphysical realism. (shrink)

While social epistemologists have recently begun addressing questions about whether groups can possess beliefs or knowledge, little has yet been said about whether groups can properly be said to possess understanding. Here I want to make some progress on this question by considering two possible accounts of group understanding, modeled on accounts of group belief and knowledge: a deflationary account, according to which a group understands just in case most or all of its members understand, and an inflationary account, according (...) to which a group’s understanding does not depend solely on whether its members understand. I argue that both accounts face problems. The deflationary account has two such problems: aggregation problems that are familiar from discussions of group belief, and the problem of different bases, wherein members possess understanding for different but consistent reasons. The inflationary account faces what I call the problem of distributed grasping: while it is widely accepted that understanding requires a kind of “grasping”, it is hard to make sense of how this requirement could be met at the group level while not necessarily being met by any individual member. Despite its problems, I make a case for the inflationary account. This will require addressing the problem of distributed grasping: to do this, I propose a different way of thinking about the grasping relation at the group level, such that it is constituted by a dependency relationship between members. (shrink)

This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...) those participating in them. The account therefore yields a form of Kantian constructivism: we have an unconditional duty of respect for persons because such a duty is implicit in the very nature of reasoning. -/- . (shrink)

C.S. Peirce held what is nowadays called a “commitment view” of assertion. According to this type of view, assertion is a kind of act that is determined by its “normative effects”: by asserting a proposition one undertakes certain commitments, typically to be able to provide reason to believe what one is asserting, or, in Peirce’s words, one “takes responsibility” for the truth of the proposition one asserts. Despite being an early adopter of the view, if Peirce’s commitment view of assertion (...) is mentioned at all in contemporary discussions it is only in passing. His view is, however, far more complex and nuanced than he has been given credit for. My primary goal here, then, is to get a better understanding of Peirce’s version of a commitment view of assertion. I also argue that figuring out the details of Peirce’s theory of assertion can also provide us with a viable way to respond to problems that contemporary commitment views of assertion face. (shrink)

While it is widely acknowledged that knowledge can be acquired via testimony, it has been argued that understanding cannot. While there is no consensus about what the epistemic relationship of understanding consists in, I argue here that regardless of how understanding is conceived there are kinds of understanding that can be acquired through testimony: easy understanding and easy-s understanding. I address a number of aspects of understanding that might stand in the way of being able to acquire understanding through testimony, (...) focusing on understanding ’s paradigmatic form and what it means to say that in order to understand something you need to “grasp” some information or the relationship between bits of information. I argue that in cases of both easy and easy-s understanding, no aspect of understanding stands in the way of it being able to acquire it through testimony. As a result, while not all understanding be acquired through testimony in all instances and for all subjects, this failure of acquisition is only a product of the complexity of the relevant information or one’s unfamiliarity with it, and not a product of the epistemic relationship of understanding. (shrink)

The novel begins as follows:"Dora Greenfield left her husband because she was afraid of him. She decided six months later to return to him for the same reason. The absent Paul, haunting her with letters and telephone bells and imagined footsteps on the stairs had begun to be the greater torment. Dora suffered from guilt, and with guilt came fear. She decided at last that the persecution of his presence was to be preferred to the persecution of his absence."Murdoch's novel (...) The Bell is about Imber Court. It is a small Anglican religious community of lay people whose lives were transformed, not just by the arrival of a couple of dissimilar visitors, not just by the arrival of a new bell to be installed at Imber Abbey located beyond the lake, but more significantly by the discovery of a centuries-old bell the story of which is engulfed in a terrible legend. (shrink)

Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (shrink)

One way to determine whether a mental condition should be considered a disorder is to first give necessary and sufficient conditions for something to be a disorder and then see if it meets these conditions. But this approach has been criticized for begging normative questions. Concerning autism (and other conditions), a neurodiversity movement has arisen with essentially two aims: (1) advocate for the rights and interests of individuals with autism, and (2) de-pathologize autism. We argue that denying autism’s disorder status (...) could undermine autism’s exculpatory role in cases where individuals with autism are charged with a crime. Our argument raises a dilemma for the neurodiversity movement: advocating for the rights and interests of individuals with autism may require viewing autism as a condition that can be inherently disabling (at least for some individuals). If this is right, autism’s disorder status might be maintained (again, at least for some individuals) without deriving this result from any general account of disorder. (shrink)

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...) way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

Richard Watson maintains that deep ecology suffers from an internal contradiction and should therefore be rejected. Watson contends that deep ecology claims to be non-anthropocentric while at the same time is committed to setting humans apart from nature, which is inherently anthropocentric. I argue that Watson’s objection arises out of a fundamental misunderstanding of how deep ecologist’s conceive of the ‘Self.’ Drawing on resources from Buddhism, I offer an understanding of the ‘Self’ that is fully consistent with deep ecology, and (...) does not lead to the anthropocentric contradiction that Watson identifies. The paper will proceed as follows: First, I articulate Watson’s objection, and briefly discuss the traditional deep ecology position. Next, I turn to a discussion of the ‘Self’ and show that there are conceptions of human nature that are not separate from ‘Nature.’ It will thus be shown that deep ecology is not inconsistent and need not be rejected. (shrink)

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 (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

This is a critique of Lloyd's theory which appeared in his book, Simple Minds.

The problem of multi-peer disagreement concerns the reasonable response to a situation in which you believe P1 … Pn and disagree with a group of ‘epistemic peers’ of yours, who believe ∼P1 … ∼Pn, respectively. However, the problem of multi-peer disagreement is a variant on the preface paradox; because of this the problem poses no challenge to the so-called ‘steadfast view’ in the epistemology of disagreement, on which it is sometimes reasonable to believe P in the face of peer disagreement (...) about P. After some terminology is defined (§1), Peter van Inwagen's challenge to the steadfast view will be presented (§2). The preface paradox will then be presented and diagnosed (§3), and it will be argued that van Inwagen's challenge relies on the same principle that generates the preface paradox (§4). The reasonable response to multi-peer disagreement will be discussed (§5), and an objection addressed (§6). (shrink)

Many people find comparisons of the value of persons distasteful, even immoral. But what can be said in support of the claim that persons have incomparable worth? This chapter considers an argument purporting to show that the value of persons is incomparable because it is so great—because it is infinite. The argument rests on two claims: that the value of our capacity for valuing must equal or exceed the value of things valued and that our capacity for valuing is unbounded (...) in a very strong sense. After laying out this argument, I consider its implications for how we should regard each other. In particular, I suggest that it complicates efforts to understand morality as a system of principles. Instead, I propose that an aesthetic attitude, not unlike our experience of the sublime, is an apt response to humanity’s infinite value. -/- . (shrink)

This thesis presents a Bolzano whose genius resulted not from his freedom from powerful philosophical influences, but precisely from his response to the powerful philosophical influences of his day. Chief amongst these were the voices engaged in debate about the nature of science. It was precisely Bolzano's commanding synthesis of the views of those advocating progress through mathematical physics with the views of those advocating a classical model of a science as the study of causes that set the stage for (...) the development of Austrian and analytic philosophy in subsequent centuries. (shrink)

In the literature on assertion, there is a common assumption that having the knowledge that p is a sufficient condition for having the epistemic right to assert that p—call this the Knowledge is Sufficient for Assertion Principle, or KSA. Jennifer Lackey has challenged KSA based on several counterexamples that all, roughly, involve isolated secondhand knowledge. In this article, I argue that Lackey’s counterexamples fail to be convincing because her intuition that the agent in her counterexamples both has knowledge and do (...) not have the epistemic right to assert is wrong. The article will progress as follows: In section 2, I present Lackey’s argument. In section 3, I suggest some more general reasons for doubting that the agent in her counterexamples actually has knowledge. I then show that from a virtue theoretic and Edward Craig’s practical explication of knowledge perspectives the agent in Lackey’ s counterexamples does not know. Since the agent in Lackey’s counterexamples does not have knowledge, she has failed to convincingly prove that KSA is false. In section 4, I conclude by suggesting that, at most, what Lackey’s counterexamples demonstrate is a problem with a simplistic evidentialist and/or process reliabilist epistemology. (shrink)

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.

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 (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

This study of Ralph Pred’s Onflow (MIT Press, 2005) expands on Pred’s arguments and raises doubts about the viability of phenomenology. Showing that Pred’s method is indeed phenomenological, I validate his interpretations of William James as phenomenologist and his critique of John Searle in light of James, which documents the extent to which the role of habit in the constitution of experience is neglected by philosophers. In explaining habit, however, Pred himself reverts to non-phenomenological models drawn from James’ postulate of (...) psycho-physical parallelism. Habit, like causation, poses an unmet challenge to phenomenological methods. In his critique of Gerald Edelman, Pred notes that Edelman falls prey to a metaphysical bias inherent in modern Indo-European languages. But Pred’s acuity in exposing a latent linguistic bias in phenomenological data is a two-edged sword. Revealing an invisible dependence of appearance on language, it casts doubt on the project of getting beyond language to "appearances-in-themselves.". (shrink)

Recent accounts of coercion can be mapped onto two different axes: whether they focus on the situation of the coercee or the activities of the coercer; and whether or not they depend upon moral judgments in their analysis of coercion. Using this analysis, I suggest that almost no recent theories have seriously explored a non-moralized, coercer-focused approach to coercion. I offer some reasons to think that a theory in this underexplored quadrant offers some important advantages over theories confined to the (...) other quadrants. In particular I suggest that much of our interest in coercion depends on facts about the coercer, such as the sorts of powers coercers must possess to be able to coerce, and on the coercer's intention in using those powers to constrain or alter the coercee's activities. (shrink)

The problem causation poses is: how can we ever know more than a Humean regularity. The problem consciousness poses is: how can subjective phenomenal experience arise from something lacking experience. A recent turn in the consciousness debates suggest that the hard problem of consciousness is nothing more than the Humean problem of explaining any causal nexus in an intelligible way. This involution of the problems invites comparison with the theories of Alfred North Whitehead, who also saw them related in this (...) way. According to Whitehead, a tempting but false phenomenology of consciousness obscures temporality and leads to the causation problem, which then makes consciousness itself seem causally inexplicable. Bringing the processual nature of consciousness back into view discloses causation at work in the moment-to-moment emergence of consciousness, and it reveals that causation operates in a logically fuzzy domain where the skeptical critique of causality finds no foothold. (shrink)

ABSTRACTConventional wisdom holds that there is no lucky knowledge: if it is a matter of luck, in some relevant sense, that one's belief that p is true, then one does not know that p. Here I will argue that there is similarly no lucky understanding, at least in the case of one type of luck, namely environmental luck. This argument has three parts. First, we need to determine how we evaluate whether one has understanding, which requires determining what I will (...) call understanding's evaluative object. I argue that as the evaluative object of knowledge is a belief in a proposition, the evaluative object of understanding is a mental representation of a relational structure. Next, I show that arguments that environmental luck is incompatible with understanding miss the mark by considering cases in which one has a belief in a proposition is lucky to be true, instead of ones in which one's mental representation of a relational structure is lucky to obtain. I agree, then, with those who argue that one can have understanding when one's beliefs are environmentally lucky to be true, but that this compatibility is not relevant when considering the question of whether one can have environmentally lucky understanding. I then present what I take to be a properly constructed case which shows the incompatibility of environmental luck with understanding. (shrink)