BĪRŪNĪ, ABŪ RAYḤĀN MOḤAMMAD b. Aḥmad (362/973- after 442/1050), scholar and polymath of the period of the late Samanids and early Ghaznavids and one of the two greatest intellectual figures of his time in the eastern lands of the Muslim world, the other being Ebn Sīnā.

Motivation serves as a pivotal driver for achieving optimal work performance, especially in the realm of local government operations. Through a qualitative multiple-case study design, the researchers analyzed the pivotal connection between employees' performance and overall organizational success. Thirteen (13) participants from the first-class municipalities in the first district of Batangas were selected using purposive sampling techniques. Face-to-face interviews were conducted to get the opinions of the participants and were subsequently subjected to thematic analysis. The findings highlight the strong connection (...) between motivational tools and employee preferences. Despite the local government's emphasis on teamwork and collaboration, employees exhibit a strong preference for incentives, rewards, and acknowledgment. Advocating for the systematic integration of employee feedback into motivational strategy formulation and the necessity of comprehensive evaluations of existing tools. Additionally, it underscores the importance of cultivating an inclusive environment where employees actively participate in discussions about motivational approaches. By embracing the proposed motivational plan that considers both organizational and employee perspectives, this research seeks to cultivate a culture of heightened productivity and performance enhancement within local government units. (shrink)

The Ukraine conflict has profoundly affected global trade and international relations, particularly for Germany, a major player in Europe and the European Union. This study utilizes a Gravity Model analysis to explore Germany’s trade network and assess the impact of the conflict on its trade partnerships.

This chapter constructs the argument that corporate and political policies known to accelerate anthropogenic global warming, and subsequent climate change, constitute crimes against humanity—predicated on failures to avoid reasonably foreseeable threats to sustained human existence. Given the moral gravity of crimes against humanity it follows that financial divestment is ethically obligatory for institutions wishing to avoid moral association. The moral case for fossil fuel divestment, in the wake of such crimes, derives from (a) the ethical implications of negative responsibility, or (...) what constitutes culpability by omission; (b) institutional collaboration based upon immediate financial interests tied to climate inaction; and (c) institutional complicity derived from financial support of corporate behaviors that hasten global warming. Possible objections are examined and refuted. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

The revolutionary outbreak in a variety of civilizations centered around 600 B.C.E., a period in which the great world religions as well as philosophy emerged, from Hebrew scriptures and the teachings of Buddha to the works of Greek and Chinese philosophers, has been named the Axial Age by Karl Jaspers. Yet 75 years earlier, in 1873, unknown to Jaspers and still unknown to the world, John Stuart Stuart-Glennie elaborated a fully developed and more nuanced theory of what he termed The (...) Moral Revolution to characterize the period. This book also brings to light the previously undiscussed ideas of D. H. Lawrence on the phenomenon from 20 years before Jaspers, the seldom mentioned contributions of Lewis Mumford, and proposes a new context for understanding the phenomenon. Halton rewrites the history of this fascinating theory and opens new ways of conceiving the meaning of The Moral Revolution for today. (shrink)

Are science and religion compatible when it comes to understanding cosmology (the origin of the universe), biology (the origin of life and of the human species), ethics, and the human mind (minds, brains, souls, and free will)? Do science and religion occupy non-overlapping magisteria? Is Intelligent Design a scientific theory? How do the various faith traditions view the relationship between science and religion? What, if any, are the limits of scientific explanation? What are the most important open questions, problems, or (...) challenges confronting the relationship between science and religion, and what are the prospects for progress? These and other questions are explored in Science and Religion: 5 Questions--a collection of thirty-three interviews based on 5 questions presented to some of the world's most influential and prominent philosophers, scientists, theologians, apologists, and atheists. Contributions by Simon Blackburn, Susan Blackmore, Sean Carroll, William Lane Craig, William Dembski, Daniel C. Dennett, George F.R. Ellis, Owen Flanagan, Owen Gingerich, Rebecca Newberger Goldstein, John F. Haught, Muzaffar Iqbal, Lawrence Krauss, Colin McGinn, Alister McGrath, Mary Midgley, Seyyed Hossein Nasr, Timothy O'Connor, Massimo Pigliucci, John Polkinghorne, James Randi, Alex Rosenberg, Michael Ruse, Robert John Russell, John Searle, Michael Shermer, Victor J. Stenger, Robert Thurman, Michael Tooley, Charles Townes, Peter van Inwagen, Keith Ward, Rabbi David Wolpe. (shrink)

There can be no doubt that discrimination based on sex, race, ethnicity, religion or beliefs should not be tolerated in academia. Surprisingly, however, in recent years, policies of Diversity, Inclusion and Equity(DIE), officially introduced to counteract discrimination, have increasingly led to quite the opposite result: the exclusion of individuals who do not share a radical 'woke' ideology on identity politics (feminism, other gender activisms, critical race theory, etc.), and to the suppression of the academic freedom to discuss such dogmas. This (...) subversion of academia ― disguised Trojan-horse style as universal human rights advocacy ― is unacceptable because academia must be politically neutral and protect freedom of speech, a cornerstone of professional scholarly activity without which universities as we know them will slowly but surely suffocate. -/- Our purpose here is to put together some particularly illustrative cases of such repression in a single book, testifying to a ubiquitous trend within western culture, irreducible to a few isolated complaints. The essays contained here illustrate the abuse of power, censorship and witch-hunts at many universities and research centres in the name of DIE. -/- List of coauthors in alphabetical order: Dorian Abbot, Tomonori Agoh, Gerhard Amendt, Ivar Arpi, David Benatar, Peter Boghossian, Civitas Research Team, David Díaz Pardo de Vera, Pedro Domingos, Janice Fiamengo, Étienne Forest, Jorge Gibert Galassi, Norman Goldstuck, José L. González Quirós, Lawrence M. Krauss, Patrick LaBelle, Martín López Corredoira, Heather Mac Donald, Martin Malmgren, Erik. J. Olsson, Jordan Peterson, Constantin Polychronakos, Philip C. Salzman, Alessandro Strumia, Tom Todd, Andrei Yafaev. (shrink)

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the (...) Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (shrink)

We discuss at some length evidence from the cognitive science suggesting that the representations of objects based on spatiotemporal information and featural information retrieved bottomup from a visual scene precede representations of objects that include conceptual information. We argue that a distinction can be drawn between representations with conceptual and nonconceptual content. The distinction is based on perceptual mechanisms that retrieve information in conceptually unmediated ways. The representational contents of the states induced by these mechanisms that are available to a (...) type of awareness called phenomenal awareness constitute the phenomenal content of experience. The phenomenal content of perception contains the existence of objects as separate things that persist in time and time, spatiotemporal information, and information regarding relative spatial relations, motion, surface properties, shape, size, orientation, color, and their functional properties. (shrink)

Aristotle’s typical procedure is to identify something's four causes. Intentional action has typically been treated as an exception: most think that Aristotle has the standard causalist account, according to which an intentional action is a bodily movement efficiently caused by an attitude of the appropriate sort. I show that action is not an exception to Aristotle’s typical procedure: he has the resources to specify four causes of action, and thus to articulate a powerful theory of action unlike any other on (...) offer. (shrink)

The paper offers a solution to the generality problem for a reliabilist epistemology, by developing an “algorithm and parameters” scheme for type-individuating cognitive processes. Algorithms are detailed procedures for mapping inputs to outputs. Parameters are psychological variables that systematically affect processing. The relevant process type for a given token is given by the complete algorithmic characterization of the token, along with the values of all the causally relevant parameters. The typing that results is far removed from the typings of folk (...) psychology, and from much of the epistemology literature. But it is principled and empirically grounded, and shows good prospects for yielding the desired epistemological verdicts. The paper articulates and elaborates the theory, drawing out some of its consequences. Toward the end, the fleshed-out theory is applied to two important case studies: hallucination and cognitive penetration of perception. (shrink)

Many of those working on moral responsibility assume that "once blameworthy, always blameworthy." They believe that blameworthiness is like diamonds: it is forever. We argue that blameworthiness is not forever; rather, it can diminish through time. We begin by showing that the view that blameworthiness is forever is best understood as the claim that personal identity is sufficient for diachronic blameworthiness. We argue that this view should be rejected because it entails that blameworthiness for past action is completely divorced from (...) the distinctive psychological features of the person at the later time. This is because on none of the leading accounts of personal identity does identity require the preservation of any distinctive psychological features, but merely requires some form of continuity. The claim that blameworthiness is forever should therefore be rejected. We then sketch an account of blameworthiness over time, and consider two objections. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put (...) it: "...we propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

The New Evil Demon Problem is supposed to show that straightforward versions of reliabilism are false: reliability is not necessary for justification after all. I argue that it does no such thing. The reliabilist can count a number of beliefs as justified even in demon worlds, others as unjustified but having positive epistemic status nonetheless. The remaining beliefs---primarily perceptual beliefs---are not, on further reflection, intuitively justified after all. The reliabilist is right to count these beliefs as unjustified in demon worlds, (...) and it is a challenge for the internalist to be able to do so as well. (shrink)

Matthew Leisinger (2020) argues that previous interpretations of John Locke’s account of akrasia (or weakness of will) are mistaken and offers a new interpretation in their place. In this essay, we aim to recapitulate part of this debate, defend a previously articulated interpretation by responding to Leisinger’s criticisms of it, and explain why Leisinger’s own interpretation faces textual and philosophical problems that are serious enough to disqualify it as an accurate reconstruction of Locke’s views. In so doing, we aim to (...) shed further light on Locke’s views on the various ways in which humans are prone to err in their pursuit of happiness. (shrink)

Carl Gillett has defended what he calls the “dimensioned” view of the realization relation, which he contrasts with the traditional “flat” view of realization (2003, 2007; see also Gillett 2002). Intuitively, the dimensioned approach characterizes realization in terms of composition whereas the flat approach views realization in terms of occupiers of functional roles. Elsewhere we have argued that the general view of realization and multiple realization that Gillett advances is not able to discharge the theoretical duties of those relations (Shapiro (...) 2004, unpublished manuscript; Polger 2004, 2007, forthcoming). Here we focus on an internal objection to Gillett’s account and then raise some broader reasons to reject it. (shrink)

There is a New Idea in epistemology. It goes by the name of ‘knowledge first,’ and it is particularly associated with Timothy Williamson’s book Knowledge and Its Limits. In slogan form, to put knowledge first is to treat knowledge as basic or fundamental, and to explain other states—belief, justification, maybe even content itself—in terms of knowledge, instead of vice versa. The idea has proven enormously interesting, and equally controversial. But deep foundational questions about its actual content remain relatively unexplored. We (...) think that a wide variety of views travel under the banner of ‘knowledge first’ (and that the slogan doesn’t help much with differentiating them). Furthermore, we think it is far from straightforward to draw connections between certain of these views; they are more independent than they are often assumed to be. Our project here is exploratory and clarificatory. We mean to tease apart various ‘knowledge first’ claims, and explore what connections they do or do not have with one another. Our taxonomy is offered in §2, and connections are explored in §3. The result, we hope, will be a clearer understanding of just what the knowledge first theses are. We conclude, in §4, with some brief suggestions as to how we think the various theses might be evaluated. (shrink)

ABSTRACT This essay focuses on two underlying presumptions that impinge on the effort of UNESCO to engender universal agreement on a set of bioethical norms: the conception of universality that pervades much of the document, and its disregard of structural inequalities that significantly impact health. Drawing on other UN system documents and recent feminist bioethics scholarship, we argue that the formulation of universal principles should not rely solely on shared ethical values, as the draft document affirms, but also on differences (...) in ethical values that obtain across cultures. UNESCO's earlier work on gender mainstreaming illustrates the necessity of thinking from multiple perspectives in generating universal norms. The declaration asserts the ‘fundamental equality of all human beings in dignity and rights’1 and insists that ‘the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition’2 yet it does not explicitly recognize disparities of power and wealth that deny equal dignity and rights to many. Without attention to structural (as opposed to merely accidental) inequities, UNESCO's invocation of rights is so abstract as to be incompatible with its avowed intention. (shrink)

On the face of it, Maurice Merleau-Ponty’s views bear a strong resemblance to contemporary disjunctivist theories of perception, especially John McDowell’s epistemological disjunctivism. Like McDowell (and other disjunctivists), Merleau-Ponty seems to be a direct realist about perception and holds that veridical and illusory perceptions are distinct. This paper furthers this comparison. Furthermore, it is argued that elements of Merleau-Ponty’s thought provide a stronger case for McDowell’s kind of epistemological view than McDowell himself provides. Merleau-Ponty’s early thought can be used to (...) develop a unique version of epistemological disjunctivism that is worth consideration alongside contemporary views on perceptual knowledge. (shrink)

The scientific consensus regarding anthropogenic climate change is firmly established yet climate change denialism, a species of what I call pseudoskepticism, is on the rise in industrial nations most responsible for climate change. Such denialism suggests the need for a robust ethics of inquiry and public discourse. In this paper I argue: (1) that ethical obligations of inquiry extend to every voting citizen insofar as citizens are bound together as a political body. (2) It is morally condemnable for public officials (...) to put forward assertions contrary to scientific consensus when such consensus is decisive for public policy and legislation. (3) It is imperative upon educators, journalists, politicians and all those with greater access to the public forum to condemn, factually and ethically, pseudoskeptical assertions made in the public realm without equivocation. (shrink)

Many theorists have found the notion of forgiveness to be paradoxical, for it is thought that only the blameworthy can be appropriately forgiven but that the blameworthy are appropriately blamed not forgiven. Some have appealed to the notion of repentance to resolve this tension. But others have objected that such a response is explanatorily inadequate in the sense that it merely stipulates and names a solution leaving the transformative power of repentance unexplained. Worse still, others have objected that such a (...) response cannot succeed because no amount of repentance can render the blameworthy not blameworthy. I argue that this latter objection is based on a mistaken assumption, the acknowledgement of which has the power to resolve the paradox in a way that meets the explanatory adequacy challenge, and, more generally, has significant implications with which any full theory of forgiveness must engage. (shrink)

These essays draw on work in the history and philosophy of science, the philosophy of mind and language, the development of concepts in children, conceptual..

1 Context The idea for the current issue of _Philosophia Scientiæ_ emerged from discussions which took place in the Manchester Ethnomethodology Reading Group. This reading group has its origins in Wes Sharrock’s weekly discussion groups, which have taken place in Manchester (UK) since the early 1970s. As the global Covid-19 pandemic hit in early 2020, the reading group moved online, facilitated by Phil Hutchinson and Alex Holder. Being an online reading group opened up participation to people beyond Northwest UK and (...) within weeks the group became global, with the membership including participants logging on from Canada, Czech Republic, Finland, France, Germany, Greece, Hong Kong, Japan, Macau, New Zealand, Spain, Sweden, and the USA. While the name of the group might indicate an exclusive focus on ethnomethodology, following the naming conventions for academic discussion groups, the name really fails to indicate both the heterogeneity of the group’s reading materials, the interests of t... (shrink)

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (shrink)

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...) comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. (shrink)

Delivery riders became frontline workers who assisted everyone in getting their daily supplies. They transported them to their destinations when the pandemic started, and everyone had to stay home to stop the COVID-19 virus from spreading. Thus, this study explores the experiences, challenges, and coping mechanisms of 15 Female Delivery Riders in Bulacan, Philippines. The study employed Heideggerian Phenomenology and Interpretative Phenomenological Analysis (IPA). Further, the following themes arise: (1) The Realist, (2) The Accommodated, (3) The Vulnerable, and (4) The (...) Determined. These themes highlighted the experiences and challenges faced by the participants. Moreover, it is highly suggested that female employees should be given preferential assistance given their physical capabilities and role in the family. Thus, local government units should provide an alternative source of income that will allow them to have quality time with their family, especially their children. (shrink)

Goldman, though still a reliabilist, has made some recent concessions to evidentialist epistemologies. I agree that reliabilism is most plausible when it incorporates certain evidentialist elements, but I try to minimize the evidentialist component. I argue that fewer beliefs require evidence than Goldman thinks, that Goldman should construe evidential fit in process reliabilist terms, rather than the way he does, and that this process reliabilist understanding of evidence illuminates such important epistemological concepts as propositional justification, ex ante justification, and defeat.

Klein’s account of epistemic justification, infinitism, supplies a novel solution to the regress problem. We argue that concentrating on the normative aspect of justification exposes a number of unpalatable consequences for infinitism, all of which warrant rejecting the position. As an intermediary step, we develop a stronger version of the ‘finite minds’ objection.

The term “environmental justice” carries with it a sort of ambiguity. On the one hand, it refers to a movement of social activism in which those involved fight and argue for fairer, more equitable distribution of environmental goods and equal treatment of environmental duties. This movement is related to, and ideally informed by, the second use of the term, which refers to the academic discipline associated with legal regulations and theories of justice and ethics with regard to sustainability, the environment, (...) and ecology. It is this latter, more academic—though vast and interdisciplinary—use of the term that is the subject of this essay. However, activists who pay careful attention to the arguments offered with regard to the political, legal, social, and philosophical treatments of these issues are potentially in a stronger position with regard to their own social movement. In that way, the two uses of the term may progress hand in hand. More broadly, however, the foundational claim about which both grassroots activists and legal, ethical, and policy advocates can agree is that environmental burdens—climate change, pollution, and their associated health risks—are borne disproportionately by the poorest and most vulnerable populations, and tend to have the greatest impact on racial and ethnic minorities, no matter where they are in the world. This is what makes the empirical questions about the environment a normative question about justice. (shrink)

The idea that appearances provide justifications for beliefs—the principle of phenomenal conservatism—is self-evidently true. In the case of cognitive penetration, however, it seems that certain irrational etiologies of a belief may influence the epistemic quality of that belief. Susanna Siegel argues that these etiologies lead to ‘epistemic downgrade.’ Instead of providing us with a decisive objection, cognitive penetration calls for us to clarify our epistemic framework by understanding the formative parts of appearances. In doing so, the two different but inseparable (...) ideas of sensation and intellection provide us with a basis of our appearances. These appearances, in turn, provide us with the objective evidence needed to test our judgements. Thus, the extra-sensory concepts of intellectual identification and the appearances they help form become an epistemic groundwork. (shrink)

The problem of moral luck arises due to a particular tension in our thought. On the one hand, we seem readily inclined to endorse the principle that moral responsibility, that is, one’s praiseworthiness or blameworthiness, cannot be affected by luck, that is, by factors over which one lacks control. But, when we examine our actual practices, we find that our moral judgments are highly sensitive to luck. This resulting tension between principle and practice is the problem of moral luck, and (...) an attempt to solve this problem is an attempt to resolve this tension. The article first explains the traditional characterization of the problem and reviews three general strategies in responding to it. It is then argued that we should characterize the problem in a slightly broader way. This refocusing turns out to have significant methodological implications. (shrink)

Berkeley, Hume, and Russell rejected the traditional analysis of substances in terms of qualities which are supported by an "unknowable substratum." To them the proper alternative seemed obvious. Eliminate the substratum in which qualities are alleged to inhere, leaving a bundle of coexisting qualities--a view that we may call the Bundle Theory or BT. But by rejecting only part of the traditional substratum theory instead of replacing it entirely, Bundle Theories perpetuate certain confusions which are found in the Substratum Doctrine. (...) I examine two major types of BT developed by Russell and by G. F. Stout with the intention of showing that (1) the seemingly innocuous concept of "a quality" employed by these versions cannot be used to state their theories coherently, and (2) the fatal problems that the BT encounters point to a more satisfactory and interesting alternative to both the Substratum Doctrine and the BT. This is a view that I call the Qualified Particulars Theory. In a final section I draw morals from this discussion that apply to the analogous Humean view that a mind is a "bundle of perceptions and sensations.". (shrink)

Since the publication of Andrews Reath's “Two Conceptions of the Highest Good in Kant” (Journal of the History of Philosophy 26:4 (1988)), most scholars have come to accept the view that Kant migrated away from an earlier “theological” version to one that is more “secular.” The purpose of this paper is to explore the roots of this interpretative trend, re-assess its merits, and then examine how the Highest Good is portrayed in Kant’s Religion within the Boundaries of Mere Reason. As (...) will be argued, it is in this text more so than any other where Kant develops his most philosophically sophisticated account of the Highest Good. Because of the central significance of Kant’s doctrine of the Highest Good for both his ethical theory and philosophy of religion, this paper therefore seeks to provide an important corrective to the current received views. (shrink)

Recent work by Peijnenburg, Atkinson, and Herzberg suggests that infinitists who accept a probabilistic construal of justification can overcome significant challenges to their position by attending to mathematical treatments of infinite probabilistic regresses. In this essay, it is argued that care must be taken when assessing the significance of these formal results. Though valuable lessons can be drawn from these mathematical exercises (many of which are not disputed here), the essay argues that it is entirely unclear that the form of (...) infinitism that results meets a basic requirement: namely, providing an account of infinite chains of propositions qua reasons made available to agents. (shrink)

Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.

In World Without Design: The Ontological Consequences of Naturalism, I argued that there is an important sense in which naturalism’s current status as methodological orthodoxy is without rational foundation, and I argued that naturalists must give up two views that many of them are inclined to hold dear—realism about material objects and materialism. In a review recently published in Faith and Philosophy, Dale Jacquette alleges that my arguments in World Without Design are directed mainly against strawmen and that I have (...) neglected to discuss at least one formulation of naturalism that straightforwardly addresses my main objections. In this reply, I show that these and other objections raised by Jacquette are unsound and, in fact, rest on egregious misrepresentations of the book. (shrink)

The concern of deductive logic is generally viewed as the systematic recognition of logical principles, i.e., of logical truths. This paper presents and analyzes different instantiations of the three main interpretations of logical principles, viz. as ontological principles, as empirical hypotheses, and as true propositions in virtue of meanings. I argue in this paper that logical principles are true propositions in virtue of the meanings of the logical terms within a certain linguistic framework. Since these principles also regulate and control (...) the process of deduction in inquiry, i.e., they are prescriptive for the use of language and thought in inquiry, I argue that logic may, and should, be seen as an instrument or as a way of proceeding (modus procedendi) in inquiry. (shrink)

Abstract: In Chapter 4 of his "Self-Deception Unmasked" (SDU), Al Mele considers several (attempted) empirical demonstrations of self-deception. These empirical demonstrations work under the conception of what Mele refers to as the 'dual-belief requirement', in which an agent simultaneously holds a belief p and a belief ~p. Toward the end of this chapter, Mele considers the argument of one biologist and anthropologist, Robert Trivers, who describes what he takes to be an evolutionary explanation for coming to form false beliefs. Mele (...) argues briefly that Trivers's account is no more explanatory than a similar one that does not include the dual-belief requirement. I present a case describing Trivers' analysis, show how Mele might reply to it. After briefly explaining Mele's sufficient conditions for entering self-deception from Chapter 3 of SDU, I'll consider what it means to hold the dual-belief. I'll then consider what I take to be a class of cases of self-deception which rely on genetic determinism, which I take to satisfy the dual-belief condition. (shrink)

Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".

According to certain kinds of semantic dispositionalism, what an agent means by her words is grounded by her dispositions to complete simple tasks. This sort of position is often thought to avoid the finitude problem raised by Kripke against simpler forms of dispositionalism. The traditional objection is that, since words possess indefinite (or infinite) extensions, and our dispositions to use words are only finite, those dispositions prove inadequate to serve as ground for what we mean by our words. I argue (...) that, even if such positions (emphasizing simple tasks) avoid the traditional form of Kripke's charge, they still succumb to special cases of the finitude problem. Furthermore, I show how such positions can be augmented so as to avoid even these special cases. Doing so requires qualifying the dispositions of interest as those possessed by the abstracted version of an actual agent (in contrast to, say, an idealized version of the agent). In addition to avoiding the finitude problem in its various forms, the position that results provides new materials for appreciating the role that abstracting models can play for a dispositionalist theory of meaning. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a (...) society of angels because the view that law is necessarily coercive ‘enjoys widespread support among laypersons’. This is obviously an empirical claim. Critics, however, never systematically polled the ‘man on the Clapham Omnibus’. We boarded that bus. This article discusses findings from five empirical studies on the relationship between law and coercion. (shrink)

Semantic originalism is a theory of constitutional meaning that aims to disentangle the semantic, legal, and normative strands of debates in constitutional theory about the role of original meaning in constitutional interpretation and construction. This theory affirms four theses: (1) the fixation thesis, (2) the clause meaning thesis, (3) the contribution thesis, and (4) the fidelity thesis. -/- The fixation thesis claims that the semantic content of each constitutional provision is fixed at the time the provision is framed and ratified: (...) subsequent changes in linguistic practice cannot change the semantic content of an utterance. -/- The clause meaning thesis claims that the semantic content is given by the conventional semantic meaning (or original public meaning) of the text with four modifications. The first modification is provided by the publicly available context of constitutional utterance: words and phrases that might be ambiguous in isolation can become clear in light of those circumstances of framing and ratification that could be expected to known to interpreters of the Constitution across time. The second modification is provided by the idea of the division of linguistic labor: some constitutional provisions, such as the natural born citizen clause may be terms of art, the meaning of which are fixed by the usages of experts. The third modification is provided by the idea of constitutional implicature: the constitution may mean things it does not explicitly say. The fourth modification is provided by the idea of constitutional stipulations: the constitution brings into being new terms such as House of Representatives and the meaning of these terms is stipulated by the Constitution itself. -/- The contribution thesis asserts that the semantic content of the Constitution contributes to the law: the most plausible version of the contribution thesis is modest, claiming that the semantic content of the Constitution provides rules of constitutional law, subject to various qualifications. Our constitutional practice provides strong evidence for the modest version of the contribution thesis. -/- The fidelity thesis asserts that we have good reasons to affirm fidelity to constitutional law: virtuous citizens and officials are disposed to act in accord with the Constitution; right acting citizens and officials obey the constitution in normal circumstances; constitutional conformity produces good consequences. Our public political culture affirms the great value of the rule of law. -/- We can summarize semantic originalism as a slogan: The original public meaning of the constitution is the law and for that reason it should be respected and obeyed. The slogan recapitulates each of the claims made by semantic originalism, but it is potentially misleading because it does not clearly distinguish between the semantic claims made by the fixation and clause meaning theses, the legal claim made by the contribution thesis, and the normative claim made by the fidelity thesis. -/- Part I introduces the four theses. Part II is entitled An Opinionated History of Constitutional Originalism, and it provides the context for all that follows. Part III is entitled Semantic Originalism: A Theory of Constitutional Meaning, and it lays out the case for original public meaning as the best nonnormative theory of constitutional content. Part IV is entitled The Normative Implications of Semantic Originalism, and it articulates a variety of normative arguments for originalism. Part V is entitled Conclusion: Semantic Originalism and Living Constitutionalism, and it explores the broad implications of semantic originalism for living constitutionalism and the future of constitutional theory. (shrink)

Abraham J. Malherbe was one of the most influential New Testament scholars of the past half century. He is especially known for his use of Hellenistic moral philosophy in the interpretation of New Testament texts, especially Pauline literature. Whilst the comparative study of New Testament and Greco-Roman material remains a contentious approach in scholarship, Malherbe’s work provides important pointers in how to make such comparisons in a meaningful and reasoned manner, by paying due respect to the integrity of the texts (...) being compared and to the function textual elements have within their own contexts. I discussed the salient features of Malherbe’s approach, focusing in particular on his study of topoi. One of the most significant findings was Malherbe’s emphasis on the dialectical combination of common and individual elements in such topoi, which enabled ancient authors to embed their own texts within the cultural discourse of their time. His approach opens the way to further research of the New Testament within its philosophical context without requiring proof of a genealogical relationship between the texts or authors concerned. (shrink)