This paper presents an examination of communitarianism ethics and its emphasis on community and responsibility as an ethical base for public relations. It studies the importance businesses currently place on social responsibility, quality, and stewardship and how these core values fit within a communitarian approach. A communitarian foundation for public relations may enable organizations to respond to crises and other situations appropriately because of the sense of community public relations seeks to build.

The dispute about the role of class in understanding the life situations of people of color has tended to be overpolarized, between a class reductionism and an “it's only race” position. Class processes shape racial groups’ life situations. Race and class are also distinct axes of injustice; but class injustice informs racial injustice. Some aspects of racial injustice can be expressed only in concepts associated with class (e.g., material deprivation, inferior education). But other aspects of racial injustice or other harms, (...) such as racial discrimination or stigma, are not reducible to class concepts and cannot be fully addressed through class-focused policies. Overall, any attempt to fully secure racial justice for a racial group will require a combination of race-focused and class-focused policies. Anti-racist outlooks often neglect or downplay either the normative or the explanatory significance of class, or both—for example, by overlooking or downplaying the dignitary harms of class and the material harms of race; missing the historical dimension of class injustice; masking class by a narrowing of the complex normative structure of racial disparities; or not recognizing that a class-focused initiative (like raising the minimum wage) can address substantial racial justice concerns, even though not all of them. “Systemic racism” terminology recognizes class explanatorily but suppresses it normatively. Charles Mills's influential notion of “white supremacy,” while a powerful tool for conceptualizing and illuminating racial injustice, can also contribute to minimizing or masking the justice-related impact of class, as do some of Mills's specific discussions of class in various writings. (shrink)

Observers have noted a decline (in the US) in attributions of genetically-based inferiority (e.g. in intelligence) to Blacks, and a rise in attributions of culturally-based inferiority. Is this "culturalism" merely warmed-over racism ("cultural racism") or a genuinely distinct way of thinking about racial groups? The question raises a larger one about the relative place of biology and culture in racist thought. I develop a typology of culturalisms as applied to race: (1) inherentist or essentialist culturalism (inferiorizing cultural characteristics wrongly but (...) intelligibly regarded as inhering in the nature of racial groups). This view has an historical pedigree in the work of J.G. von Herder, and the tradition of "national racism." (2) non-inherentist culturalism (groups regarded as possessing changeable, malleable inferiorizing cultural characteristics). (3) colonalist culturalism (colonial subjects regarded as uncivilized but capable of becoming civilized under European tutelage). (4) neo-racism (cultures of former colonial subjects in or potentially immigrating to European countries are regarded in an inherentist manner and incompatible with but not inferior to European cultures). Non-inherentist culturalism (#2) can be put to either a racist or an anti-racist use. (shrink)

This paper argues that it is morally irresponsible for modern medical providers or health care institutions to support and advocate the integration of CAM practices (i.e. homeopathy, acupuncture, energy healing, etc.) with conventional modern medicine. The results of such practices are not reliable beyond that of placebo. As a corollary, it is argued that prescribing placebos perceived to stand outside the norm of modern medicine is morally inappropriate. Even when such treatments do no direct physical harm, they create unnecessary barriers (...) to patients' informed understanding of their health. (shrink)

Stereotypes are false or misleading generalizations about groups, generally widely shared in a society, and held in a manner resistant, but not totally, to counterevidence. Stereotypes shape the stereotyper’s perception of stereotyped groups, seeing the stereotypic characteristics when they are not present, and generally homogenizing the group. The association between the group and the given characteristic involved in a stereotype often involves a cognitive investment weaker than that of belief. The cognitive distortions involved in stereotyping lead to various forms of (...) moral distortion, to which moral philosophers have paid insufficient attention. Some of these are common to all stereotypes—failing to see members of the stereotyped groups as individuals, moral distancing, failing to see subgroup diversity within the group. Other moral distortions vary with the stereotype. Some attribute a much more damaging or stigmatizing characteristic (e.g. being violent) than others (e.g. being good at basketball). But the characteristic in question must also be viewed in its wider historical and social context to appreciate its overall negative and positive dimensions. (shrink)

This article explicates the views on both race and ethnicity of these three prominent Latinx philosophers, compares them (somewhat), and offers some criticisms. Corlett jettisons race as a categorization of groups, but accepts a form of racialization somewhat at odds with this jettisoning. Gracia adopts as a general principle that an account of both ethnicity and race should help us see aspects of reality that would otherwise be obscured; but this is at odds with his regarding the Latin American view (...) of race as more rational than the U.S. version with its “one-drop rule.” The latter has structured the reality of race in the U.S. for African Americans. Alcoff is much more concerned with the phenomenology of race and ethnicity than the other two, and she clearly adds “pan-ethnicity” to the mix of concepts required to understand Latino/a Americans. I argue that she fails to see the agentic and political aspect of black identity in the U.S., and in a sense shares with Gracia a misplaced sense that the mixedness of Latin American racial identity is somehow to be preferred to the more binary U.S. form. (shrink)

If updating with E has the same result across all epistemically possible worlds, then the agent has no uncertainty as to the behavior of the update, and we may call it a transparent update. If an agent is uncertain about the behavior of an update, we may call it opaque. In order to model the uncertainty an agent has about the result of an update, the same update must behave differently across different possible worlds. In this paper, I study opaque (...) updates using a simple system of dynamic epistemic logic suitably modified for that purpose. The paper highlights the connection between opaque updates and the dynamic-epistemic principles Perfect-Recall and No-Miracles. I argue that opaque updates are central to contemporary discussions in epistemology, in particular to externalist theories of knowledge and to the related problem of epistemic bootstrapping, or easy knowledge. Opaque updates allow us to explicitly investigate a dynamic form of uncertainty, using simple and precise logical tools. (shrink)

Many feminists (e.g. T. Bettcher and B. R. George) argue for a principle of first person authority (FPA) about gender, i.e. that we should (at least) not disavow people's gender self-categorisations. However, there is a feminist tradition resistant to FPA about gender, which I call "radical feminism”. Feminists in this tradition define gender-categories via biological sex, thus denying non-binary and trans self-identifications. Using a taxonomy by B. R. George, I begin to demystify the concept of gender. We are also able (...) to use the taxonomy to model various feminist approaches. It becomes easier to see how conceptualisations ofgender which allow for FPA often do not allow for understanding female subjugation as being rooted in reproductive biology. I put forward a conceptual scheme: radical FPA feminism. If we accept FPA, but also radical feminist concerns, radical FPA feminism is an attractive way of conceptualising gender. (shrink)

The goal of this thesis is to model some of the cognitive structures and processes involve d in how people decide what to say in purposeful conversation. The main concern is to show how a speaker's knowledge of his/her hearer influences what s/he says. Utterances in such dialogues, where speakers can be presumed to be speaking for reasons, can best be viewed as the performance of "speech acts" (e.g., requesting). By modeling the process of deciding what to say as one (...) of problem-solving, we show that the same mechanisms used to plan non-linguistic actions are applicable to planning of speech acts. The methodology of this research employs a computer program that integrates beliefs, goals, problem-solving, and reasoning, with the use of language. The program does this by planning speech acts when it determines that to achieve its situational goals, it needs to influence someone else's behavior. The system is able to plan request speech actrions to influence its user's goals, and inform speech acts to influence his/her beliefs. In addition, it is shown that speech acts can be used to achieve subgoals of other such acts. For instance, in addition to requesting that the user perform some action, the system can also decide to supply him/her with information necessary to performing that action -- information that it believes s/he does not already have. Our model is extendable to the more general problem of planning multiparty speech acts -- ones where actions requested by the speaker involve acts to be performed by parties other than the hearer. [MORE]. (shrink)

A response to critical commentaries. Crookston begins her commentary by noting that my book would have been better with answers to “the following three questions: (1) Why is the harm principle the right principle upon which to base a theory of toleration? (2) How is Cohen thinking of the concept of volenti? (p. x ) Is interference (i.e., the abandonment of toleration) ever morally required by the harm principle?” (p. x ). She is right, and I address these questions (...) below in Sections 2, 3, and 4. That is the bulk of this essay. I then turn to Kelley's issues in Sections 6, 7, and 8; these have to do with “the link between toleration and relativism,” the way I distinguish “the concepts of toleration and endurance,” and a “question about moral toleration” (p. x ). Despite much agreement, there are points of contention and I try to make my position clearer in response . (shrink)

G. A. Cohen’s pathbreaking book, Karl Marx‘s Theory of History: A Defence (1978), prompted extensive reconsideration of historical materialism. This effort recast ongoing debates about Marx‘s theory of history by defending the view that historical materialism embodies a set of substantive claims as appropriately subject to analytical scrutiny as those of any other viable theory. Specifically, Cohen advances one central substantive claim that summarizes his reading of the “Preface” to A Contribution to the Critique of Political Economy. “History (...) is, fundamentally, the growth of productive power, and forms of society rise and fall according as they enable or impede that growth.” This premise affirms that the same set of factors that explain changes societies undergo within a given historical epoch also explain transitions between historical epochs. The theoretical account of intraepochal historical development suffices equally to cover interepochal, revolutionary change. In this paper we reject this premise and argue that even on the most plausible reconstruction of Marx’s theory of history—a reconstruction that employs, among other things, a careful ownership-based criterion of historical epochs and the use of functional explanations—Marx’s theory of history cannot explain social revolutions. -/- . (shrink)

"...T S Eliot was unimpressed by Freud. Eliot preferred the more approachable Roger Vittoz. It was only Scofield Thayer, who in his prolonged therapy with Sigmund Freud can be said to have brought anything Freudian in the classically psychoanalytic sense to Modernism." This is from the review. The review of the book is contrarian as the book under review is. The salient points of the book are interrogated in this review.

The German text of Cohen’s Spinoza on State & Religion, Judaism & Christianity (Spinoza über Staat und Religion, Judentum und Christentum) first appeared in 1915 in the Jahrbuch für jüdische Geschichte und Literatur. Two years before, in the winter of 1913, Cohen taught a class and a seminar on Spinoza’s Theological-Political Treatise at the Hochschule für die Wissenschaft des Judentums. This was Cohen’s first semester at the Hochschule, after retiring from more than thirty years of teaching at (...) the University of Marburg. Cohen’s fame at the time was at its zenith, and his move to the Hochschule was a cause for celebration and excitement. According to the testimony of some students who attended the Tractatus Theologico-Politicus seminar, Cohen left no place for any expression of dissent (regrettably, the academy frequently encourages such authoritarian behavior). The text of Spinoza on State, which was the product of this seminar, still bears the marks of this “didactic” attitude. It is bombastic and feebly argued. Thus, in one moment of emotional crescendo in the text, we can literally hear Cohen shout: When Spinoza, with merciless severity, makes his own nation the object of contempt – at the time that Rembrandt lived on the same street and immortalized the ideal type of the Jew - no voices rises in protest against this humanly incomprehensible betrayal. Such patriotic rhetoric is quite typical of Cohen’s Spinoza on State, as the work reads more like a series of rants against the devil incarnated (“the demonic spirit of Spinoza”) in the figure of the traitor from Amsterdam than like a sustained and serious philosophical polemic. From time to time, one can observe hints of critical arguments, but hardly any are fleshed out. The text is also replete with rudimentary factual and interpretative errors. Thus, when Cohen argues that Spinoza traces his pantheism to Jewish sources, Cohen erroneously cites Spinoza’s reference in E2p7s to “some of the Hebrews [quidam Hebraeorum]” who argued for the identity of Sekhel, Maskil, and Muskal (the Intellect, the Intellecting Subject, and the Intellected Object) – a Maimonidean doctrine that has nothing to do with pantheism – while the text Cohen clearly had in mind was Spinoza’s claim, in Letter 73, that the traditions (traditionibus) of the “ancient Hebrews [antiquis Hebraeis]” agree with Spinoza’s claim that “all things are in God.” Similarly, and on the very same page, Cohen ascribes to Spinoza the claim that “the God of the Old Testament is only a body,” a claim which is nowhere to be found in Spinoza’s works, and which can be inferred from Spinoza’s text only through a patent fallacy. If I may add one last example, consider the following passage from Cohen’s Spinoza on State: [For Spinoza] divine law is grounded in our mind. Yet this does not mean that our mind bears responsibility for producing and obeying the law. Instead, it means that, by definition, the human mind and God are identical, inasmuch as He exists in the human mind. Hardly any claim in this brief passage is correct. Yet, what is most striking is Cohen’s derivation of the identity of God and the human mind from the claim that God exists in the human mind. If I exist in North America, this obviously does not imply that I am identical to North America (there are, for example, a couple of North American porcupines and alligators that are distinct from me). What rule of inference Cohen sought to employ in this argument, and how this impressive inference of the identity of God and the human mind is supposed to square with Cohen’s view of Spinoza as a pantheist – i.e., as considering the physical nature to be divine – is beyond my grasp. Instead of tracking down the dozens of crude errors and fallacies in Cohen’s text, I would like to concentrate here on one crucial issue: Cohen’s critique of Spinoza’s pantheism. By doing this, I will have to pass silently over a couple of surprising agreements between the two figures, such as the (false) claim that all of the prophets of the Hebrew Bible taught the same universal and simple morality. My discussion of pantheism will be divided into two sections. In the first, I will examine Cohen’s understanding of Spinoza’s pantheism. In the second, I will briefly examine the historical validity of Cohen’s claim that pantheism is a Christian doctrine, diametrically opposed to Judaism. (shrink)

This paper attempts to understand the nature of guerrilla warfare as taught by T.E. Lawrence in light of Clausewitz and Liddell Hart.

G. A. Cohen is well known within contemporary political philosophy for claiming that the scope of principles of justice extends beyond the design of institutions to citizens’ personal choices. More recently, he’s also received attention for claiming that principles of justice are normatively ultimate, i.e., that they’re necessary for the justification of action guiding principles (regulatory rules) but are unsuitable to guide political practice themselves. The purpose of this paper is to explore the relationship between these claims as they’re (...) applied in criticism of John Rawls. It argues that ascribing normative ultimacy to justice entails its application to personal choice. However, it also argues that if Cohen is right about Rawls’s difference principle being regulatory rather than ultimate, then his earlier claim that Rawls must extend it to personal choice on pain of inconsistency is refuted. (shrink)

G.A. Cohen is well known within contemporary political philosophy for claiming that the scope of principles of justice extends beyond the design of institutions to citizens’ personal choices. More recently, he’s also received attention for claiming that principles of justice are normatively ultimate, i.e., that they’re necessary for the justification of action guiding principles but are unsuitable to guide political practice themselves. The purpose of this paper is to explore the relationship between these claims as they’re applied in criticism (...) of John Rawls. It argues that ascribing normative ultimacy to justice entails its application to personal choice. However, it also argues that if Cohen’s right about Rawls’s difference principle being regulatory rather than ultimate, then his earlier claim that Rawls must extend it to personal choice on pain of inconsistency is refuted. (shrink)

G.A. Cohen is famous for his critique of John Rawls’s view that principles of justice are restricted in scope to institutional structures. In recent work, however, Cohen has suggested that Rawlsians get more than just the scope of justice wrong: they get the concept wrong too. He claims that justice is a fundamental value, i.e. a moral input in our deliberations about the content of action-guiding regulatory principles, rather than the output. I argue here that Cohen’s arguments (...) for extending the scope of justice equivocate across his distinction between fundamental principles of justice, i.e. principles that tell us what justice is; and regulatory principles of justice, i.e. principles that tell us what is required of us, all things – including justice – considered. Though Cohen initially had the regulatory sense of the word ‘justice’ in mind when critiquing the basic structure restriction, his replies to the problem of demandingness presuppose his own, fundamental sense of the word ‘justice’. The upshot is that he escapes demandingness at the cost of sacrificing regulatory justice’s capacity to provide clear guidance. I conclude by considering Peter Singer’s efforts to deal with demandingness in his own work on global poverty. Since Singer manages to deal with demandingness without giving up clarity, his work is a good a place to start in the search for regulatory principles that are suitable for the context of personal choice. (shrink)

Neoliberalism is an approach to social policy, now globally influential, that applies market approaches to all aspects of social life, including education. Charter schools, privately operated but publicly funded, are its most prominent manifestation in the U.S. The neoliberal principles of competition, consumerism, and choice cannot serve as foundations of a sound and equitable public education system. Neoliberalism embraces socio-economic inequality overall and in doing so constricts any justice mission its adherents espouse in virtue of serving a relatively disadvantaged student (...) population, as charter schools often (by no means always) do. It constricts educational justice by (1) embracing a “human capital” approach as the primary good of education, (2) creating educational inequality through (unofficially) selecting a relatively advantaged segment of the disadvantaged demographic it serves, (3) denying the effect of poverty on educational performance, and (4) devaluing its students’ familial ethnic cultures. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

A complimentary assessment of Blum's award-winning book about racism and its affects. Well written as it is, it needs to be supplemented with a definition of racial injustice, and also to analyze racism not only on the level of individual morality but from a human rights perspective that discredits political and economic motives for racism (e.g., by drawing on Hannah Arendt's Origins of Totalitarianism).

In this article I argue for two closely related conclusions: one concerned more narrowly with the internal consistency of G. A. Cohen's theorizing about justice and the unique rhetoric in which it is couched, the other connected to a more sweeping set of recommendations about how theorizing on justice is most promisingly undertaken. First, drawing on a famous insight of G. E. Moore, I argue that although the purity of Cohenian justice provides Cohen a platform from which to (...) put some extremely challenging criticisms to Rawls and Rawlsian liberals, at the same time it generates a sort of self-referential paradox for many of the theses about the concept of justice to which Cohen himself is committed. I go on to conclude, using Rawls's theory of justice as a model, that it would serve political philosophy well to conceive of justice with less purity than Cohen conceives of it. (shrink)

Hermann Cohen made a distinction between the logic of science and the ideal of ethics, and noted that the natural world and the world of ethics are perceived very differently. This is because the order of the physical world is unchangeable (e.g, the sun sets in the west, night follows day, etc), while in the ideal world ethical rules can be accepted or rejected. It seems there should be one explanation for science, which is empirically self-evident, and another for (...) ethics, which is something that is open to debate. Cohen reasoned there must be something that allows science and ethics to coexist and interrelate. (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.".

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)

I argue that physicians can save women from life-threatening pregnancies by performing a craniotomy, placentectomy, or salpingotomy without intending death or harm. To support this conclusion, I defend the relevance thesis about intentions (a person intends X only if X explains the action). I then criticize the identity thesis (if a person intends X and knows X is Y then the person intends Y) and three mistakenly strict moral principles: (1) one may not intend something that is a serious harm (...) for an innocent person, (2) one may not intend to terminate pregnancy before viability, which would prohibit, and (3) one may not act on a person’s body in a harmful way in order to benefit another person. (1) would prohibit procuring organs from living donors, (2) would prohibit treating hepatic pregnancies and other ectopic pregnancies, and (3) would prohibit procuring organs from living donors and performing many prenatal surgeries. (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)

Solidarity within a group facing adversity exemplifies certain human goods, some instrumental to the goal of mitigating the adversity, some non-instrumental, such as trust, loyalty, and mutual concern. Group identity, shared experience, and shared political commitments are three distinct but often-conflated bases of racial group solidarity. Solidarity groups built around political commitments include members of more than one identity group, even when the political focus is primarily on the justice-related interests of only one identity group (such as African Americans). A (...) solidarity group is more than a mere political coalition or alliance. Two other forms of political- commitment solidarity groups are ones devoted to racial justice more generally, and social justice even more generally. Racially plural political solidarity groups realize values beyond the afore-mentioned solidaristic ones, in meeting the challenges of different races working together. (shrink)

I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...) ends at once so as to be completely impartial. Finally, I indicate how this can be the source of normativity as it provides a purely impartial reason for being rational. (shrink)

In the Fifth Meditation, Descartes makes a remarkable claim about the ontological status of geometrical figures. He asserts that an object such as a triangle has a 'true and immutable nature' that does not depend on the mind, yet has being even if there are no triangles existing in the world. This statement has led many commentators to assume that Descartes is a Platonist regarding essences and in the philosophy of mathematics. One problem with this seemingly natural reading is that (...) it contradicts the conceptualist account of universals that one finds in the Principles of Philosophy and elsewhere. In this paper, I offer a novel interpretation of the notion of a true and immutable nature which reconciles the Fifth Meditation with the conceptualism of Descartes' other work. Specifically, I argue that Descartes takes natures to be innate ideas considered in terms of their so-called 'objective being'. (shrink)

Successful athletic performance requires precision in many respects. A batter stands behind home plate awaiting the arrival of a ball that is less than three inches in diameter and moving close to 100 mph. His goal is to hit it with a ba­­t that is also less than three inches in diameter. This impressive feat requires extraordinary temporal and spatial coordination. The sweet spot of the bat must be at the same place, at the same time, as the ball. A (...) basketball player must keep a ball bouncing as she speeds from one end of the court to another, evading defensive players. She may never break pace as she lifts from the ground, throwing the ball fifteen feet toward a hoop that is eighteen inches in diameter. One task facing a psychologist involves explaining how the body does such things within the sometimes very demanding spatial and temporal constraints that a given task imposes. Part of the goal of this chapter is to sketch the commitments of an embodied approach to such an explanation. We shall see that an embodied account of motor skills draws concepts that depart radically from more traditional cognitivist theories of motor activity. Similarly, because an embodied approach to cognition introduces new ways to understand the human capacity for social interaction, it also promises to shed new light on how athletes coordinate their actions with each other. (shrink)

Nicolas Malebranche holds that we see all things in the physical world by means of ideas in God (the doctrine of "vision in God"). In some writings he seems to posit ideas of particular bodies in God, but when pressed by critics he insists that there is only one general idea of extension, which he calls “intelligible extension.” But how can this general and “pure” idea represent particular sensible objects? I develop systematic solutions to this and two other putative difficulties (...) with Malebranche’s theory of sensory cognition by appealing to the notion of “seeing as” and to his doctrine that ideas in God have causal powers to affect the mind. (shrink)

In this essay I take up Plato’s critique of poetry, which has little to do with epistemology and representational imitation, but rather the powerful effects that poeticperformances can have on audiences, enthralling them with vivid image-worlds and blocking the powers of critical reflection. By focusing on the perceived psychological dangers of poetry in performance and reception, I want to suggest that Plato’s critique was caught up in the larger story of momentous shifts in the Greek world, turning on the rise (...) of literacy and its far-reaching effects in modifying the original and persisting oral character of Greek culture. The story of Plato’s Republic in certain ways suggests something essential for comprehending the development of philosophy in Greece (and in any culture, I would add): that philosophy, as we understand it, would not have been possible apart from the skills and mental transformations stemming from education in reading and writing; and that primary features of oral language and practice were a significant barrier to the development of philosophical rationality (and also a worthy competitor for cultural status and authority). Accordingly, I go on to argue that the critique of writing in the Phaedrus is neither a defense or orality per se, nor a dismissal of writing, but rather a defense of a literate soul over against orality and the indiscriminate exposure of written texts to unworthy readers. (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)

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)

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)

I argue that Descartes intended the so-called ontological "argument" as a self-validating intuition, rather than as a formal proof. The textual evidence for this view is highly compelling, but the strongest support comes from understanding Descartes's diagnosis for why God's existence is not 'immediately' self-evident to everyone and the method of analysis that he develops for making it self-evident. The larger aim of the paper is to use the ontological argument as a case study of Descartes's nonformalist theory of deduction (...) and his method of analysis, showing how he conceives the latter as a form of philosophical therapy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 43.1 (2005) 55-81 [Access article in PDF] Self-Knowledge in Descartes and Malebranche Lawrence Nolan John Whipple 1. Introduction Descartes's notorious claim that mind is better known than body has been the target of repeated criticisms, but none appears more challenging than that of his intellectual heir Nicolas Malebranche.1 Whereas other critics—especially twentieth-century philosophers eager to use Descartes as their whipping boy—have often (...) been uncharitable, Malebranche accepts many of the fundamental Cartesian doctrines, including mind-body dualism. But he argues that Descartes's position on knowledge of the mind is internally inconsistent. Malebranche agrees with Descartes that the existence of the mind is better known than that of body, but he vehemently denies that the nature of the mind is better known. This denial is based on his view that we lack a clear idea of the mind.2 [End Page 55]Malebranche's polemic has attracted much attention in recent scholarship.3 The growing consensus among commentators is that Malebranche develops a devastating internal critique of Descartes's theory of the mind. For example, Nicholas Jolley writes: "In his case for his negative thesis [concerning knowledge of the mind] Malebranche mounted a powerful, even annihilating, critique of Descartes. This critique embodies the remarkable insight that there is a serious muddle at the heart of Descartes's whole theory of knowledge."4 In a book-length defense of Malebranche's critique, Tad Schmaltz also emphasizes its internal character: "the interpretation here of Malebranche's theory presents it as fundamentally Cartesian, and thereby serves to reinforce his own view that he has provided an authoritative interpretation of the account of mind in the writings of Descartes and other Cartesians."5 Schmaltz also asserts: "Malebranche took his negative thesis concerning our knowledge of the soul to involve not so much a rejection of Cartesianism as an internal correction of it."6We think such remarks misstate the case. Indeed, we argue in this paper that Malebranche's polemic fails as an internal critique of Descartes's theory of the mind. Although we do not here aspire to defend Descartes's strong thesis—that mind is better known than body—we do think he can consistently maintain that we have a clear and distinct idea of the mind, and thus that our knowledge of the mind's nature is at least on a par with our knowledge of corporeal nature.7 While Malebranche's rhetoric would encourage us to think that the debate between him and his predecessor is being fought on common or neutral ground, the fact is that Malebranche often appeals to assumptions and aspects of his own theory of "Vision in God" that Descartes would reject. Once more, he interprets Descartes's theory of knowledge in ways that are misguided and sometimes even uncharitable. If Malebranche's critique succeeds at all, it succeeds only against a straw man—Malebranche's Descartes and not the historical figure.Ours is not the first effort to defend Descartes against this particular attack. When Malebranche first published his critique in Book Three of his first great work, The Search After Truth (1674),8 Descartes had been dead for over two decades, [End Page 56] but he was ably defended by the famous Cartesian Antoine Arnauld in On True and False Ideas (1683). In the ensuing debate Arnauld was clearly the superior dialectician, but while winning several tactical points, he appears not to fully appreciate the crux of Malebranche's argument, or at least that is the view of Jolley and Schmaltz.9 We have a somewhat higher opinion of Arnauld's side of the debate. Granted, some of his defenses are facile and can be easily dismissed; others however are quite compelling when properly developed. In at least one instance, we attempt to provide that development. At the same time we think it is a mistake to treat Arnauld as Descartes's surrogate or as if he had issued the final salvo from the camp of the orthodox Cartesians. Arnauld was a... (shrink)

Is it possible to recognize the limits of rationality, and thus to embrace moral pluralism, without embracing moral relativism? My answer is yes; nevertheless, certain anti-foundational positions, both recent and ancient, take a cynical stance toward the possibility of any critical moral judgment, and as such, must be regarded as relativistic.1 It is such cynicism, I argue, whether openly announced or unknowingly implied, that marks the distinction between relativism and pluralism.2 The danger of this cynicism is not so much that (...) it renders the categorical acceptance of a particular moral view unattainable, but that it renders categorical condemnation of any particular position (or action) impossible.3 Two .. (shrink)

Nichols’s view of empathy (in Sentimental Rules) in light of experimental moral psychology suffers from several deficiencies: (1) It operates with an impoverished view of the altruistic emotions (empathy, sympathy, concern, compassion, etc.) as mere short-term, affective states of mind, lacking any essential connection to intentionality, perception, cognition, and expressiveness. (2) It fails to keep in focus the moral distinction between two very different kinds of emotional response to the distress and suffering of others—other-directed, altruistic, emotions that have moral value, (...) and self-directed emotional responses, such as personal distress, that do not. (3) Nichols is correct to see morality as requiring affectivity, and the capability of emotional response to others; but his incorrect view of altruistic emotions (and of emotions in general) leads him to misstate the connection between morality and emotion. (4) Nichols’s specific attempt to ground moral judgment in emotion fails, but the argument he provides for it is part of the explanation of point (2), his failure to sustain the distinction between egoistic and altruistic emotions. (5) Without in any way denying that moral philosophy is strengthened by knowledge of empirical psychology, I suggest that the foregoing failures of Nichols’s argument are partly due to his misuse of particular empirical results and findings, and possibly in part to a weakened commitment to the distinctive contribution the humanistic methods of philosophy make to our understanding of the moral dimension of life. (shrink)

This article seeks to re-conceptualize Rawlsian public reason as a critical tool against ideological propaganda. The article proposes that public reason, as a standard for public discourse, must be conceptualized beyond its mandate for comprehensive neutrality to additionally emphasize critique of ideologically driven ignorance and propaganda in the public realm. I connect uncritical hospitality to such ideological propaganda with Harry Frankfurt’s concept of bullshit. This paper proposes that philosophers have a unique moral obligation to engage bullshit critically in the public (...) sphere. The obligation for such critique, I argue, represents philosophy’s essential moral component in a society committed to the protection of free speech and deliberative democracy. (shrink)