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)

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)

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 (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (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)

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 (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

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 (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (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.

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 (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

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 (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

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 (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

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)

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.

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.

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 (...) identify and describe those stakeholders who currently—or in the future—could benefit from the application of the AOP framework and knowledge to specific problems. We also summarize the challenges faced in implementing pathway-based approaches such as the AOP framework in biological sciences, and provide a series of recommendations to meet critical needs to ensure further progression of the framework as a useful, sustainable and dependable tool supporting assessments of both human health and the environment. Although the AOP concept has the potential to significantly impact the organization and interpretation of biological information in a variety of disciplines/applications, this promise can only be fully realized through the active engagement of, and input from multiple stakeholders, requiring multi-pronged substantive long-term planning and strategies. (shrink)

That about sums up what is wrong with Clark's view.

Philosophical interest in situated cognition has been focused most intensely on the claim that human cognitive processes extend from the brain into the tools humans use. As we see it, this radical hypothesis is sustained by two kinds of mistakes, the confusion of coupling relations with constitutive relations and an inattention to the mark of the cognitive. Here we wish to draw attention to these mistakes and show just how pervasive they are. That is, for all that the radical philosophers (...) have said, the mind is still in the head. (shrink)

In several recent contributions to the growing literature on slurs, Hedger draws upon Kaplan's distinction between descriptive and expressive content to argue that slurs are expressions with purely expressive content. The distinction between descriptive and expressive content and the view that slurs are expressions with purely expressive content has been widely acknowledged in prior work, and Hedger aims to contribute to this tradition of scholarship by offering novel arguments in support of his "pure expressivist" account of slurs. But the account (...) that PE offers is explanatorily inadequate, resting on suspect a priori intuitions which also commit one to denying many basic facts about slurs, such as that slurs largely display systematic differential application and that slurs can be used non-offensively between in-group speakers. In this article I provide clear reasons for rejecting PE, arguing particularly against Hedger as one of PE’s most explicit and recent proponents. In showing that PE is inadequate in at least 11 ways, I argue in favor of a mixed or hybrid approach. (shrink)

Since at least 2008 linguists and philosophers of language have started paying more serious attention to issues concerning the meaning or use of racial epithets and slurs. In an influential article published in The Journal of Philosophy, for instance, Christopher Hom (2008) offered a semantic account of racial epithets called Combinatorial Externalism (CE) that advanced a novel argument for the exclusion of certain epithets from freedom of speech protection under the First Amendment (p. 435). Also in more recent work, “The (...) Expressive Meaning of Racial Epithets: Towards A Non-Unitary Account of Expressive Meaning,” Diane Blakemore (2013) offered an alternative pragmatic account of racial epithets rooted in Dan Sperber and Deirdre Wilson’s (1986) relevance theory. Adam Croom (2008) has also discussed epithets before in prior work, through a consideration of a paradigmatic racial epithet directed towards Native Americans, but then moved on in subsequent work to focus on developing a more nuanced account of paradigmatic slurring terms instead (Croom 2010; Croom 2011; Croom 2012; Croom 2013; Croom 2014a; Croom 2014b; Croom under review). So the purpose of this article is to return to and extend the previous account of racial epithets provided by Croom (2008) through a consideration of another paradigmatic racial epithet, but this time one directed towards Asian Americans instead of Native Americans. Here I also offer a novel suggestion for how to differentiate between epithets and slurs, offering new insight into how epithets and slurs are both similar and different. A sample list of over 100 other racial epithets that can be accounted for by the kind of analysis presented here is provided in Croom (2008, p. 44-45). (shrink)

Some philosophers argue that martial arts training is maladaptive, contributes to psychological illness, and provides a social harm, whereas others argue that martial arts training is adaptive, contributes to psychological wellness, and provides a social benefit. This debate is important to scholars and the general public since beliefs about martial arts training can have a real impact on how we evaluate martial artists for job opportunities and career advancement, and in general, how we treat martial artists from different cultures in (...) our communities. This debate is also important for children and adults that have considered enrolling in martial arts training programs but remain uncertain about potential outcomes of training due to the lack of research in this area. This article therefore contributes to the literature on martial arts by (1) outlining a framework that characterizes psychological well-being in terms of five elements, (2) discussing how results from empirical research support the hypothesis that Muay Thai training can contribute to psychological well-being by contributing to all five component elements, (3) discussing the psychological benefits of martial arts training from the perspective of an Everlast Master Instructor, and (4) discussing how martial arts training involves the cultivation of combat-relevant affordances. (shrink)

1. Do models formulated in programming languages use explicit rules where connectionist models do not? 2. Are rules as found in programming languages hard, precise, and exceptionless, where connectionist rules are not? 3. Do connectionist models use rules operating on distributed representations where models formulated in programming languages do not? 4. Do connectionist models fail to use structure sensitive rules of the sort found in "classical" computer architectures? In this chapter we argue that the answer to each of these questions (...) is negative. (shrink)

Does martial arts practice contribute to psychological well-being in professional martial artists? If so, what are the specific ways that martial arts practice accomplishes this? It has been a long-standing and widely held belief that martial arts practice can contribute to psychological well-being, however, there has been a lack of empirical research in the psychological literature focused on investigating the details of this hypothesis. The purpose of this research is therefore to investigate the impact of a paradigmatic martial arts practice—shadowboxing—on (...) the psychological well-being of professional martial artists. In this article I present the results from an original empirical study on professional Muay Thai practitioners (n = 14) that reveals how a martial arts practice (shadowboxing) contributes to their overall psychological well-being by contributing to their positive emotions, engagement, relationships, meaning, and accomplishment. I present general results for how shadowboxing contributes to the psychological well-being of these professional martial artists overall, as well as more specific results for how shadowboxing contributes to the psychological well-being of these professional martial artists based on factors such as their gender, fight experience, and training location. This article also provides qualitative first-person reports from professional Muay Thai practitioners (n = 14) about their use of visualization and mental imagery and their experience of flow while shadowboxing, offering unique insight into the minds of professional martial artists as they are actively engaged in their craft. Finally, this article discusses the value and limitations of the present study and outlines suggestions for future research. (shrink)

Slurs possess interesting linguistic properties and so have recently attracted the attention of linguists and philosophers of language. For instance the racial slur "nigger" is explosively derogatory, enough so that just hearing it mentioned can leave one feeling as if they have been made complicit in a morally atrocious act.. Indeed, the very taboo nature of these words makes discussion of them typically prohibited or frowned upon. Although it is true that the utterance of slurs is illegitimate and derogatory in (...) most contexts, sufficient evidence suggests that slurs are not always or exclusively used to derogate. In fact, slurs are frequently picked up and appropriated by the very in-group members that the slur was originally intended to target. This might be done, for instance, as a means for like speakers to strengthen in-group solidarity. So an investigation into the meaning and use of slurs can give us crucial insight into how words can be used with such derogatory impact, and how they can be turned around and appropriated as vehicles of rapport in certain contexts among in-group speakers. In this essay I will argue that slurs are best characterized as being of a mixed descriptive/expressive type. Next, I will review the most influential accounts of slurs offered thus far, explain their shortcomings, then provide a new analysis of slurs and explain in what ways it is superior to others. Finally, I suggest that a family-resemblance conception of category membership can help us achieve a clearer understanding of the various ways in which slurs, for better or worse, are actually put to use in natural language discourse. (shrink)

Slurs such as spic, slut, wetback, and whore are linguistic expressions that are primarily understood to derogate certain group members on the basis of their descriptive attributes and expressions of this kind have been considered to pack some of the nastiest punches natural language affords. Although prior scholarship on slurs has uncovered several important facts concerning their meaning and use –including that slurs are potentially offensive, are felicitously applied towards some targets yet not others, and are often flexibly used not (...) only derogatorily to convey offense towards out-group members but also non-derogatorily to convey affiliation with in-group members– the literature remains largely focused on slurs that typically target African Americans, male homosexuals, and sexually active females. Since no account of slurs that typically target Hispanics or Mexican-Americans has so far been proposed, here I offer the first systematic and empirically informed analysis of these that accounts for both their derogatory and appropriative use. Importantly, this article reviews over a dozen Spanish stereotypes and slurs and explains how the descriptive attributes involved in a stereotype associated with a slur can contribute to the predication of certain content in the application of that slur toward its target in context. This article further explains how the psychological effects of stereotype threat and stereotype lift can be initiated through the application of a relevant slur towards its target in context as well. -/- ----- -/- Las expresiones peyorativas tales como spic (‘spic’), slut (‘zorra’), wetback (‘espalda mojada’) y whore (‘puta’) son expresiones lingüísticas que se entienden principalmente para minusvalorar ciertos miembros de un grupo sobre la base de sus atributos descriptivos (como la raza o el sexo). Se ha considerado que las expresiones de este tipo conllevan algunos de los puñetazos más desagradables que el lenguaje natural puede proporcionar. Aunque la literatura especializada sobre expresiones peyorativas ha descubierto varios hechos importantes en cuanto a significado y uso –entre los que se incluyen que tales expresiones son potencialmente ofensivas, apuntan efectivamente hacia unos objetivos pero no hacia otros, y con frecuencia se utilizan con flexibilidad no sólo despectivamente para ofender a miembros por fuera de un grupo, sino que también de forma no despectiva para afiliar con miembros dentro de un mismo grupo–, tal literatura sigue centrada en gran medida en las expresiones peyorativas que típicamente apuntan contra los afroamericanos (nigger ‘negro’), los homosexuales varones (fagot ‘maricón’), y las mujeres sexualmente activas (slut ‘zorra’). En tanto que no se ha propuesto al momento dar cuenta de expresiones peyorativas dirigidas contra hispanos o mexicano-americanos, en este trabajo se ofrece el primer análisis sistemático y empíricamente informado de tales expresiones, tanto en sus usos despectivos y de apropiación. Es importante destacar que en este artículo se revisan más de una docena de estereotipos y expresiones peyorativas en español, además de explicar cómo los atributos descriptivos que participan de un estereotipo asociado con una difamación pueden contribuir a la predicación de determinados contenidos en la aplicación de esa expresión hacia su objetivo en contexto. Asimismo, en este artículo se explica cómo comienzan los efectos psicológicos de la amenaza estereotipada y el realce estereotipado cuando se emplea una expresión peyorativa relevante contra un objetivo en contexto. (shrink)

In “Flourish,” Martin Seligman maintained that the elements of well-being consist of “PERMA: positive emotion, engagement, relationships, meaning, and accomplishment.” Although the question of what constitutes human flourishing or psychological well-being has remained a topic of continued debate among scholars, it has recently been argued in the literature that a paradigmatic or prototypical case of human psychological well-being would largely manifest most or all of the aforementioned PERMA factors. Further, in “A Neuroscientific Perspective on Music Therapy,” Stefan Koelsch also suggested (...) that “Music therapy can have effects that improve the psychological and physiological health of individuals,” so it seems plausible that engaging in practices of music can positively contribute to one living a more optimally flourishing life with greater psychological well-being. However, recent studies on music practice and participation have not yet been reviewed and integrated under the PERMA framework from positive psychology to further explore and explicate this possibility. This article therefore contributes to extant work by reviewing recent research on psychological well-being and music to offer support for the claim that music practice and participation can positively contribute to one living a flourishing life by positively influencing their emotions, engagement, relationships, meaning, and accomplishment. (shrink)

Coreferentialism refers to the common assumption in the literature that slurs and descriptors are coreferential expressions with precisely the same extension. For instance, Vallee recently writes that “If S is an ethnic slur in language L, then there is a non-derogatory expression G in L such that G and S have the same extension”. The non-derogatory expression G is commonly considered the nonpejorative correlate of the slur expression S and it is widely thought that every S has a coreferring G (...) that possesses precisely the same extension. Yet here I argue against this widespread assumption by first briefly introducing what slurs are and then considering four sources of supporting evidence showing that slurs and descriptors are in fact not coreferential expressions with precisely the same extension. I argue that since slurs and descriptors differ in their extension they thereby differ in their meaning or content also. This article additionally introduces the notion of a conceptual anchor in order to adequately account for the relationship between slurs and descriptors actually evidenced in the empirical data, and further considers the inadequacy of common dictionary definitions of slurs. This article therefore contributes to the literature on slurs by demonstrating that previous accounts operating on the assumption that slurs and descriptors are coreferential expressions with the same extension, and that they thereby have the same meaning or content, are inconsistent with empirical data and that an alternative account in accord with Croom better fits the facts concerning their actual meaning and use. (shrink)

Is shadowboxing an effective form of functional exercise? What physiological and morphological changes result from an exercise program based exclusively on shadowboxing for 3 weeks? To date, no empirical research has focused specifically on addressing these questions. Since mixed martial arts (MMA) is the fastest growing sport in the world, and since boxing and kickboxing fitness classes are among the most popular in gyms and fitness clubs worldwide, the lack of research on shadowboxing and martial arts-based fitness programs in the (...) extant literature is a shortcoming that the present article aims to address. This case study involved a previously sedentary individual engaging in an exercise program based exclusively on shadowboxing for 3 weeks. Body composition and heart rate data were collected before, throughout, and upon completion of the 3-week exercise program to determine the effectiveness of shadowboxing for functional fitness purposes. An original shadowboxing program prepared by an Everlast Master Instructor and NASM Certified Personal Trainer (NASM-CPT) and Performance Enhancement Specialist (NASM-PES) was used for this 3-week period. The original shadowboxing program with goals, techniques, and combinations to work on throughout the 3-week program is included in this article. This case study demonstrates that a 3-week exercise program based exclusively on shadowboxing can increase aerobic capacity, muscle mass, bone mass, basal metabolic rate, and daily calorie intake, and decrease resting heart rate, fat mass, body fat percentage, and visceral fat rating in a previously sedentary individual. The results of this research demonstrate that shadowboxing can be a safe and effective form of exercise leading to morphological and physiological improvements including fat loss and increased aerobic capacity. The results of this research also demonstrate that the Tanita BC-1500 is a reliable tool for individuals to evaluate their own fitness progress over time. (shrink)

This article provides an original account of slurs and how they may be differentially used by in-group and out-group speakers. Slurs are first distinguished from other terms and their role in social interaction is discussed. A new distinction is introduced between three different uses of slurs : the paradigmatic derogatory use, non-paradigmatic derogatory use, and non-paradigmatic non-derogatory use. I then account for their literal meaning and explain how a family-resemblance conception of category membership can clarify our understanding of the various (...) natural-language uses of slurs, -. The focus is restricted primarily to race-based and sex-based slurs used in the context of English speakers, and the article concludes with desiderata to be met by any subsequent analyses of slurs. (shrink)

This paper considers the prospect of moral transhumanism from the perspective of theological virtue ethics. I argue that the pursuit of goodness inherent to moral transhumanism means that there is a compelling prima facie case for moral enhancement. However, I also show that the proposed enhancements would not by themselves allow us to achieve a life of virtue, as they appear unable to create or enhance prudence, the situational judgement essential for acting in accordance with virtue. I therefore argue that (...) moral enhancement technologies should take a limited or supporting role in moral development, which I call ‘moral supplementation’. (shrink)

The question of what constitutes and facilitates mental health or psychological well-being has remained of great interest to martial artists and philosophers alike, and still endures to this day. Although important questions about well-being remain, it has recently been argued in the literature that a paradigmatic or prototypical case of human psychological well-being would characteristically consist of positive emotion, engagement, relationships, meaning, and accomplishment. Other scholarship has also recently suggested that martial arts practice may positively promote psychological well-being, although recent (...) studies on martial arts have not yet been reviewed and integrated under the PERMA framework from positive psychology to further explore and explicate this possibility. This article therefore contributes to the literature by reviewing recent work on psychological well-being and martial arts to determine whether there is substantive support for the claim that practicing martial arts can positively contribute to one flourishing with greater psychological well-being. (shrink)

Racial epithets are terms used to characterize people on the basis of their race, and are often used to harm the people that they target. But what do racial epithets mean, and how do they work to harm in the way that they do? In this essay I set out to answer these questions by offering a pragmatic view of racial epithets, while contrasting my position with Christopher Hom's semantic view.

This paper offers an analysis of work on human development in evolutionary anthropology from a Thomist perspective. I show that both fields view care for others as fundamental to human nature and interpret cooperative breeding as expression of the virtue of charity. I begin with an analysis of different approaches to the relationship between evolutionary anthropology and moral theory. I argue that ethical naturalism is the approach best suited to interdisciplinary dialogue, since it holds that natural facts are useful for (...) moral theory but do not encompass it. This forms the basis for a Thomist analysis of some key features of human evolution including bipedalism, higher encephalisation and extended childhood. In each case I explain how these parts of our nature contributed to the evolution of modern humans, and how each is reliant upon communal care. Finally, I offer three observations on these facts from a Thomist perspective. Firstly, that a good human life necessarily involves caring for others and being cared for ourselves. Secondly, that this is exemplified in the virtue of charity, which is the ground of all virtue. Finally, that the need for such care shows that human flourishing cannot be attained without divine aid. (shrink)

From folk tales to movies, stories possess features which naturally suit them to contribute to the growth of virtue. In this article I show that the fictional exemplars help the learner to grasp the moral importance of internal states and resolves a tension between existing kinds of exemplars discussed by virtue ethicists. Stories also increase the information conveyed by virtue terms and aid the growth of prudence. Stories can provide virtuous exemplars, inform learners as to the nature of the virtues (...) and offer practice in developing situational judgement. As such they are a significant resource for virtue ethics and moral education. (shrink)

In Flourish, the positive psychologist Martin Seligman (2011) identifies five commonly recognized factors that are characteristic of human flourishing or wellbeing: (1) “positive emotion,” (2) “relationships,” (3) “engagement,” (4) “achievement,” and (5) “meaning” (p. 24). Although there is no settled set of necessary and sufficient conditions neatly circumscribing the bounds of human flourishing (Seligman, 2011), we would mostly likely consider a person that possessed high levels of these five factors as paradigmatic or prototypical of human flourishing. Accordingly, if we wanted (...) to go about the practical task of actually increasing our level of wellbeing, we ought to do so by focusing on practically increasing the levels of the five factors that are characteristic of wellbeing. If, for instance, an activity such as musical engagement can be shown to positively influence each or all of these five factors, this would be compelling evidence that an activity such as musical engagement can positively contribute to one’s living a flourishing life. I’m of the belief that psychological research can and should be used, not only to identify and diagnose maladaptive psychological states, but identify and promote adaptive psychological states as well. In this article I advance the hypothesis and provide supporting evidence for the claim that musical engagement can positively contribute to one’s living a flourishing life. Since there has not yet been a substantive and up-to-date investigation of the possible role of music in contributing to one’s living a flourishing life, the purpose of this article is to conduct this investigation, thereby bridging the gap and stimulating discussion between the psychology of music and the psychology of wellbeing. (shrink)

In “The Semantics of Racial Slurs,” an article recently published in Linguistic and Philosophical Investigations, Hedger draws upon Kaplan’s distinction between descriptive and expressive content to argue that slurs are expressions with purely expressive content. Here I review the key considerations presented by Hedger in support of his purely expressive account of slurs and provide clear reasons for why it must ultimately be rejected. After reviewing the key cases Hedger offers for consideration in support of his view that slurs are (...) expressions with purely expressive content, this article provides a critical evaluation of these cases, pointing out at least 13 ways in which his purely expressive analysis of slurs fails. In considering the 13 ways in which the purely expressive analysis of slurs remains inadequate, this article concludes with the suggestion that an adequate account of slurs will ultimately involve not only an expressive aspect but a descriptive aspect also. (shrink)

In “Flourish,” the psychologist Martin Seligman proposed that psychological well-being consists of “PERMA: positive emotion, engagement, relationships, meaning, and accomplishment.” Although the question of what constitutes flourishing or psychological well-being has been long debated among scholars, the recent literature has suggested that a paradigmatic or prototypical case of psychological well-being would manifest most or all of the aforementioned PERMA factors. The recent literature on poetry therapy has also suggested that poetry practice may be utilized as “an effective therapeutic tool” for (...) patients suffering from a variety of ailments so it seems plausible that practicing poetry can positively contribute to one flourishing with greater psychological well-being. However, recent studies on poetry therapy have not yet been reviewed and integrated under the PERMA framework from positive psychology to further explore and explicate this possibility. This article therefore contributes to extant work by reviewing recent research on poetry therapy and psychological well-being and offering support for the claim that practicing poetry can positively contribute to one flourishing with greater psychological well-being by positively influencing their emotions, engagement or “flow” experiences, social relationships, sense of meaning or purpose in life, and personal accomplishments. (shrink)

This article provides a critical analysis of the situationist challenge against Aristotelian moral psychology. It first outlines the details and results from 4 paradigmatic studies in psychology that situationists have heavily drawn upon in their critique of the Aristotelian conception of virtuous characteristics, including studies conducted by Hartshorne and May (1928), Darley and Batson (1973), Isen and Levin (1972), and Milgram (1963). It then presents 10 problems with the way situationists have used these studies to challenge Aristotelian moral psychology. After (...) challenging the situationists on these grounds, the article then proceeds to challenge the situationist presentation of the Aristotelian conception, showing that situationists have provided an oversimplified caricature of it that goes against the grain of much Aristotelian text. In evaluating the situationist challenge against the actual results from empirical research as well as primary Aristotelian text, it will be shown that the situationist debate has advanced both an extreme, untenable view about the nature of characteristics and situations, as well as an inaccurate presentation of the Aristotelian view. (shrink)

Aesthetic non-cognitivists deny that aesthetic statements express genuinely aesthetic beliefs and instead hold that they work primarily to express something non-cognitive, such as attitudes of approval or disapproval, or desire. Non-cognitivists deny that aesthetic statements express aesthetic beliefs because they deny that there are aesthetic features in the world for aesthetic beliefs to represent. Their assumption, shared by scientists and theorists of mind alike, was that language-users possess cognitive mechanisms with which to objectively grasp abstract rules fixed independently of human (...) responses, and that cognizers are thereby capable of grasping rules for the correct application of aesthetic concepts without relying on evaluation or enculturation. However, in this article I use Wittgenstein’s rule-following considerations to argue that psychological theories grounded upon this so-called objective model of rule-following fail to adequately account for concept acquisition and mastery. I argue that this is because linguistic enculturation, and the perceptual learning that’s often involved, influences and enables the mastery of aesthetic concepts. I argue that part of what’s involved in speaking aesthetically is to belong to a cultural practice of making sense of things aesthetically, and that it’s within a socio-linguistic community, and that community’s practices, that such aesthetic sense can be made intelligible. (shrink)

Non-cognitivists claim that thick concepts can be disentangled into distinct descriptive and evaluative components and that since thick concepts have descriptive shape they can be mastered independently of evaluation. In Non-Cognitivism and Rule-Following, John McDowell uses Wittgenstein’s rule-following considerations to show that such a non-cognitivist view is untenable. In this paper I do several things. I describe the non-cognitivist position in its various forms and explain its driving motivations. I then explain McDowell’s argument against non-cognitivism and the Wittgensteinian considerations upon (...) which it relies, because this has been sufficiently misunderstood by critics and rarely articulated by commentators. After clarifying McDowell’s argument against non-cognitivism, I extend the analysis to show that commentators of McDowell have failed to appreciate his argument and that critical responses have been weak. I argue against three challenges posed to McDowell, and show that the case of thick concepts should lead us to reject non-cognitivism. (shrink)

In this paper I argue that both defence and criticism of the claim that humans act ‘under the guise of the good’ neglects the metaphysical roots of the theory. I begin with an overview of the theory and its modern commentators, with critics noting the apparent possibility of acting against the good, and supporters claiming that such actions are instances of error. These debates reduce the ‘guise of the good’ to a claim about intention and moral action, and in so (...) doing have become divorced from the theory's roots in classical and medieval philosophy. Aristotle and Aquinas’ ‘guise of the good’ is primarily a metaphysical claim resting on the equivalence between actuality and goodness, from which conclusions about moral action are derived. I show the reasoning behind their theory and how it forms the basis for the claims about intention and action at the centre of the modern debate. Finally, I argue that the absence of its original foundation is apparent in recent attacks on the ‘guise of the good’. It is unsurprising that modern action theory and ethics have not always been able to comfortably accommodate the ‘guise of the good’; they are only telling half of the story. (shrink)

Knowledge of human uses of animals is an important, but understudied, aspect of how humans treat animals. We developed a measure of one kind of knowledge of human uses of animals – knowledge of factory farming. Studies 1 (N = 270) and 2 (N = 270) tested an initial battery of objective, true or false statements about factory farming using Item Response Theory. Studies 3 (N = 241) and 4 (N = 278) provided evidence that responses to a 10-item Knowledge (...) of Factory Farming Scale predicted a reduction in consumption of animal products (rs = −.17- −.27) and approval of political actions aimed at factory farming (rs = .2 – .24). Path models from Studies 3 and 4 suggested that different kinds of knowledge uniquely predicted different outcomes. The Knowledge of Factory Farming scale was a unique predictor of approval of political actions concerning factory farmed animals but not animal consumption. Knowledge of Animals Used as Food predicted animal consumption but not political actions concerning farmed animals. These results highlight that different kinds of knowledge can be relevant for different animal related outcomes. (shrink)

Are animals moral agents? In this article, a theologian and an anthropologist unite to bring the resources of each field to bear on this question. Alas, not all interdisciplinary conversations end harmoniously, and after much discussion the two authors find themselves in substantial disagreement over the answer. The article is therefore presented in two halves, one for each side of the argument. As well as presenting two different positions, our hope is that this article clarifies the different understandings of morality (...) in our respective fields and will help to offset confusion in interdisciplinary dialogue. In what follows, we each present our case. In the first section, Adam Willows argues that moral activity necessarily involves the use of reason, symbolic thought, and language and is on that basis an exclusively human affair. In the second, Marcus Baynes-Rock discusses his experience of relationality with other creatures; a relationality which, he argues, creates a shared understanding of obligations which are characteristically moral. (shrink)

The replicability and importance of the correlation between cognitive style and religious belief have been debated. Moreover, the literature has not examined distinct psychological accounts of this relationship. We tested the replicability of the correlation (N = 5284; students and broader samples of Canadians, Americans, and Indians); while testing three accounts of how cognitive style comes to be related to belief in God, karma, witchcraft, and to the belief that religion is necessary for morality. The first, the dual process model, (...) posits that analytical thinking is recruited in overriding intuitions related to supernatural beliefs. The second, the expressive rationality model, posits that analytical thinking is recruited in supporting already-held beliefs in an identity-protective manner. And the third, the counter-normativity rationality model, posits that analytical thinking is recruited to question beliefs supported by prevailing cultural norms. In Study 2, we tested the replicability of our results in a re-analysis of published data. The association between analytic thinking style and beliefs was replicated. We conclude that whereas the counter-normativity rationality model was contradicted by the data, both the dual process and expressive rationality models received varying degrees of empirical support, but neither model fully accounted for all the patterns in the data. (shrink)

In this paper I discuss the role of non-humans in Aquinas’ account of moral learning. I intend to show that the entire created order can play an important role in demonstrating to us the life of virtue, and argue that non-human exemplars offer important advantages to the moral learner. I begin by addressing apparent problems with this approach, founded on the observation that human virtue, for Aquinas, is unique to humans. I resolve these by showing that Aquinas’ approach to exemplars (...) is fundamentally analogical, meaning that exemplars point beyond themselves and need not necessarily live the good life to which they direct learners. I show that this means that Aquinas can use non-humans as moral exemplars and offer examples of him doing just that. Finally, I offer an assessment of the benefits of this approach. Among other things, it offers ethicists new ways to focus on particular virtues and provides a plausible way to include non-humans in the moral realm. (shrink)

Growing awareness of the ethical implications of neuroscience in the early years of the 21st century led to the emergence of the new academic field of “neuroethics,” which studies the ethical implications of developments in the neurosciences. However, despite the acceleration and evolution of neuroscience research on nonhuman animals, the unique ethical issues connected with neuroscience research involving nonhuman animals remain underdiscussed. This is a significant oversight given the central place of animal models in neuroscience. To respond to these concerns, (...) the Center for Neuroscience and Society and the Center for the Interaction of Animals and Society at the University of Pennsylvania hosted a workshop on the “Neuroethics of Animal Research” in Philadelphia, Pennsylvania. At the workshop, expert speakers and attendees discussed ethical issues arising from neuroscience research involving nonhuman animals, including the use of animal models in the study of pain and psychiatric conditions, animal brain-machine interfaces, animal–animal chimeras, cerebral organoids, and the relevance of neuroscience to debates about personhood. This paper highlights important emerging ethical issues based on the discussions at the workshop. This paper includes recommendations for research in the United States from the authors based on the discussions at the workshop, loosely following the format of the 2 Gray Matters reports on neuroethics published by the Presidential Commission for the Study of Bioethical Issues. (shrink)

For some time now moral psychologists and philosophers have ganged up on Aristotelians, arguing that results from psychological studies on the role of character-based and situation-based influences on human behavior have convincingly shown that situations rather than personal characteristics determine human behavior. In the literature on moral psychology and philosophy this challenge is commonly called the “situationist challenge,” and as Prinz has previously explained, it has largely been based on results from four salient studies in social psychology, including the studies (...) conducted by Hartshorne and May, Milgram, Isen and Levin, and Darley and Batson. The situationist challenge maintains that each of these studies seriously challenges the plausibility of virtuous personal characteristics by challenging the plausibility of personal characteristics more generally. In this article I undermine the situationist challenge against Aristotelian moral psychology by carefully considering major problems with the conclusions that situationists have drawn from the empirical data, and by further challenging the accuracy of their characterization of the Aristotelian view. In fact I show that when properly understood the Aristotelian view is not only consistent with empirical data from developmental science but can also offer important insights for integrating moral psychology with its biological roots in our natural and social life. (shrink)

This special issue of Journal of Poetry Therapy focuses on the use of poetry and other forms of expressive writing to explore the transformative experiences of military veterans, and so in this article I discuss how the use of poetry, hip-hop, and philosophy positively influenced my life while I was serving in the United States Air Force (USAF) from 2000 through 2004. This article briefly reviews my reasons for enlisting and discusses the importance that poetry, hip-hop, and philosophy had for (...) me during four different phases of my military history: (i) Basic Military Training, (ii) Aircraft Qualification, Combat Survival, and Water Survival Training, (iii) serving in the post 9/11 operations Operation Enduring Freedom and Operation Iraqi Freedom, and (iv) the period after fulfilling my time of service for the USAF. In discussing each phase, I explain the unique challenges that I encountered, how I used poetry, hip-hop, and philosophy to successfully overcome these challenges, point out relevant examples of poetry, hip-hop, and philosophy that were particularly influential, and include pictures of my experiences throughout. (shrink)

Our purpose in this article is to identify and suggest resolution for two core problematics of grounded theory. First, while grounded theory provides transparency to one part of the conceptualization process, where codes emerge directly from the data, it provides no such systematic or transparent way for gaining insight into the conceptual relationships between discovered codes. Producing a grounded theory depends not only on the definition of conceptual pieces, but the delineation of a relationship between at least two of those (...) pieces. Second, the conceptualization process of grounded theory is done in hierarchical fashion, where individual codes emerge from the data but then are used to generate insight into more general concepts and thematic statements. But various works on grounded theory have failed to provide any systematic way of using data specific levels of scale (the codes) to gain insight into more macro levels of scale (concepts and themes). We offer fractal concept analysis as a means of resolving both of these issues. By using a logic structure generator, fractal concept analysis delineates self-similar conceptual frameworks at various levels of abstraction, yielding a method for linking concepts together within and between levels of scale encountered in the grounded theory coding and categorization process. We conclude that this fractal analytic technique can bolster the aims of grounded theory as a formalized and systematic process for generating theory from empirical data. (shrink)

In §201 of Philosophical Investigations, Ludwig Wittgenstein puts forward his famous "rule-following paradox". The paradox is how can one follow in accord with a rule - the applications of which are potentially infinite - when the instances from which one learns the rule and the instances in which one displays that one has learned the rule are only finite? How can one be certain of rule-following at all? In Wittgenstein: On Rules and Private Language, Saul Kripke concedes the skeptical position (...) that there are no facts that we follow a rule but that there are still conditions under which we are warranted in asserting of others that they are following a rule. In this paper, I explain why Kripke's solution to the rule-following paradox fails. I then offer an alternative. (shrink)