First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

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)

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.".

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)

The years since the world-wide demonstrations in the wake of George Floyd’s murder in 2020 have seen a significant embrace of antiracist education as part of moral education, followed by conservative rollback of such efforts. The article discusses both, and is applicable to the further retrenchment in the second Trump administration (in 2025). Antiracist moral and civic education should educate about both interpersonal racism (racism of individuals toward other individuals) and institutional racism (systemic racial injustices). Each of those areas involves (...) both “negative” values—avoiding racial wrongs—and “positive” values—promoting race-related goods. Negative interpersonal values include stereotyping, antipathy, and demeaning the other. Positive interpersonal values include respecting racial others as equals, recognizing positive racial differences, respecting cultures associated with racial groups. Negative institutional values are the most familiar—ending, mitigating, repairing systemic racial injustices. Positive institutional values include promoting racial justice, understanding, harmony, and a culture of respect throughout society represented in its institutions. Institutional racism requires civic education, in order to recognize patterns of injustice, to analyze their causes, and to be able to measure them against both morally sound and nationally salient ideals (such as equality, liberty, and justice). Antiracist education must be sensitive to students’ particular racial identities, and to asymmetries between the way white and non-white identities function morally and civicly. -/- Although sometimes it is important to ignore someone’s racial identity in interacting with them, “color-blindness,” promoted as an overarching principle by the Trump administration and the retrenchment legislation, cannot play that role. Antiracist education requires that we often take account of people’s race, and the issue is how to do that properly, not to ignore it entirely. (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)

Charles Mills began his career as a Marxist but at a particular point shifted to a focus on race, deliberately leaving behind an explicit concern with class, though implying that both class and race (along with gender) constitute distinct, interacting, domination systems in society. I argue that Mills’s permanent contribution to political theory is to see white supremacy as a sociopolitical order with its own character and logic, but that his specific account of race and white supremacy is faulty because (...) class processes are internal to the racial domination system, and “racial injustice” already incorporates some aspects of class injustice. Thus Mills fails to recognize that white supremacy can fail to benefit and indeed can positively harm some white people. More generally, he fails to theorize class as a pervasive domination system. This argument does not reduce race to class, as Mills was correct in criticizing Marxism for (sometimes) doing. Some aspects of race do not concern class, while others do. Mills also fails to consistently articulate the specific normative character of current racial injustice, misleadingly conflating it with the “subperson” view of Black people dominant in the earlier colonial, slavery, and Segregation periods of white supremacy. For example, people of color now are accorded (if sometimes imperfectly) a panoply of rights denied in those earlier periods, and for Mills denial of rights is a core criterion of subpersonhood. The current period, better characterized by the idea of “racial disrespect” than “subpersonhood,” involves a form of wrongfulness much more similar in character to contemporary class injustice than the sub-personhood period did. -/- Mills thus gives a misleading picture of the severity of class injustice in relation to racial injustice; they are much more similar than he says. And he also fails to recognize that racial injustice also incorporates forms of class injustice. (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)

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)

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 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)

The Brown vs. Board of Education decision’s central affirmation, “separate is inherently unequal,”(the “inherency statement”) is literally false—separate facilities, for different racial groups, can be equal, even if they are often not. The inherency statement has contributed to confusion about integration, (educational) equality, and the relation between them. (1) Schools with one-race-dominant demographics(“separated”) are not necessarily “Segregated” (in the Jim Crow Segregation sense). The forms of racial injustice and subordination involved in separated schools are not necessarily of the same moral (...) character and severity as those of Segregated schools. (2) The Brown decision did not make clear that what was being declared unconstitutional and in violation of the “equal protection of the laws” was precisely the white supremacist system of Segregation itself, in its educational manifestation. (The 1967 Loving v. Virginia decision did so). Separation is “inherently” unequal only within a Segregation system, where the separation reflects a socially recognized stigmatization and assault on the dignity of one group (3) The inherency statement falsely implies that all-Black or all-Indigenous (and thus “separate”) educational institutions cannot be excellent. (4) The existence of an “egalitarian pluralist” tradition, especially in African-American educational thought(but present in different forms within Indigenous, Latine, and Asian American educational traditions), which promotes both equality and separation, is unrecognized as a normative framework in Brown and in subsequent school separation/integration cases. (5) By its misleading touting of integration as the linchpin of equality, the inherency statement masks the vital role of outside-of-school factors, especially concerning students’ socio-economic background, that hinder the achievement of such equality, and closes out an inquiry into what would be required to bring about equality in light of those conditions. The inherency statement implies this because it says we already know that separation is the cause of inequality and integration its remedy. (6) The inherency statement expresses a failure to recognize that integration can be educationally valuable for reasons other than its (alleged or actual) links to equality, in particular as a distinctly favorable setting for civic education that prepares students for life and participation in a multiracial democracy. (The Court recognized the civic importance of education itself, but not specifically of the integrated form of education they mandated.). (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 that X is identical to 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, 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)

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)

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)

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)

Worte verletzen und kränken. Woher aber kommt diese Verletzungsmacht? Während in der deutschsprachigen Philosophie Sprache meist als Gegenmittel zur Gewalt begriffen wird, hat die US-amerikanische Debatte um "hate speech" gezeigt, dass das Sprechen Gewalt nicht nur androhen oder verhindern, sondern selbst eine Form von Gewaltausübung sein kann. Wie nun sind sprachliche Verletzung, Ausgrenzung und Missachtung zu erklären und zu verstehen? Aus der Sicht verschiedener Disziplinen untersuchen die Beiträge dieses Bandes, welcher Logik, Grammatik und Rhetorik unser verletzendes Sprechen gehorcht. Mit Beiträgen (...) von u.a. Pierre Bourdieu, Penelope Brown/Stephen Levinson, Harold Garfinkel und Rae Langton. Steffen Kitty Herrmann (M.A.) und Hannes Kuch (M.A.) sind wissenschaftliche Mitarbeiter am Institut für Philosophie der Freien Universität Berlin und arbeiten im Forschungsprojekt”Zur Performanz sprachlicher Gewalt“am Sonderforschungsbereich 447”Kulturen des Performativen“. Sybille Krämer ist Professorin für Philosophie an der FU Berlin und Permanent Fellow am Wissenschaftskolleg Berlin. (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)

Politics never became a central intellectual interest of Murdoch’s, but she produced one important and visionary political essay in the ‘50’s, several popular writings on political matters, and a significant chapter in Metaphysics as a Guide to Morals that echoes throughout that book. In the 1958 “House of Theory,” she sees the welfare state as having almost entirely failed to address the deeper problems of capitalist society, including a failure to create the conditions for values she saw as central to (...) the socialist tradition—equality, absence of exploitation, meaningful work, and a sense of community. In Metaphysics as a Guide to Morals, Murdoch abandons the idea that moral ideals provide a guide to constructing a good society. She retains from her earlier work that the individual-moral domain is governed by perfectionism, but society cannot be. ‘Society must be thought of as a bad job to be made the best of’, for example, through the liberal idea of rights. Murdoch had a lifelong engagement with Marxism as a philosophy, introduced to her as a member of the Communist Party in the late ‘30’s and ‘40’s, and continuing through her subsequent long Labour period, and even when she moved to the Right in the Thatcher era. Marx and Marxism were always part of her mental universe, and she continued to work out what she agreed and disagreed with in it. (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)

Unusual among Western philosophers, Schopenhauer explicitly drew on Hindu and especially Buddhist traditions inhis moral philosophy. He saw plurality, especially the plurality of human persons, as a kind of illusion; in reality all is one, and compassionate acts express an implicit recognition of this oneness. Max Scheler retains the transcendence of self aspect of compassion but emphasizes that the subject must have a clear, lived sense of herself as a distinct individual in order for that transcendence to take place properly. (...) This feature is absent in the Buddhist tradition. Feminist philosophers of the early second wave built on this insight (only occasionally drawing it from Scheler) to recognize ways women are often not socialized to develop this distinctive sense of self, therefore harming their ability to engage in compassion and other forms of care for others. Iris Murdoch adds a Freudian-inspired (though Freud influenced Scheler also) pessimism about the ability of humans to keep their identities sufficiently distinct from the other to allow a clear view of the other, and thus real care and help to the other to take place. But in her later work, Murdoch explicitly recognizes and draws on the Buddhist tradition of oneness and transcendence of the self. Group solidarities can partake of aspects of Buddhist oneness and self-transcendence, for example the sense of fellowship in a social justice movement in which Blacks draw on a shared identity to experience connection, compassion, empathy, and solidarity with one another. But social justice movements also allow for a solidarity across racial lines, grounded in the shared commitment to justice, including justice for one of the groups in the solidarity community. (All these issues are powerfully portrayed in the 2014 film, Selma.) None of these solidarities, however, express the universalistic dimension of Buddhist oneness. (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)

If racism is a matter of possessing racist beliefs, then it would seem that its cure involves purging one’s mind of all racist beliefs. But the truth is more complicated, and does not permit such a straightforward strategy. Racist beliefs are resistant to subjective repudiation, and even those that are so repudiated are resistant to lasting expulsion from one’s belief system. Moreover, those that remain available for use in cognition can shape thought and behavior even in the event that one (...) has recognized their falsehood. Yet if one is intent upon combating the racism within one’s mind, one is not without effective cognitive countermeasures that can render one’s racist beliefs ineffectual. (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)

The majority of philosophers of religion, at least since Plantinga’s reply to Mackie’s logical problem of evil, agree that it is logically possible for an omnibenevolent, omniscient, and omnipotent God to exist who permits some of the evils we see in the actual world. This is conceivable essentially because of the possible world known as heaven. That is, heaven is an imaginable world in a similar way that logically possible scenarios in any fiction are imaginable. However, like some of the (...) imaginable stories in fiction where we are asked to envision an immoral act as a moral one, we resist. I will employ the works of Tamar Gendler on imaginative resistance and Keith Buhler’s Virtue Ethics approach to moral imaginative resistance and apply them to the conception of heaven and the problem of evil. While we can imagine God as an omnibenevolent parent permitting evil to allow for morally significant freedom and the rewards in heaven or punishments in hell (both possible worlds), we should not. This paper is not intended to be a refutation of particular theodicies; rather it provides a very general groundwork connecting issues of horrendous suffering and imaginative resistance to heaven as a possible world. (shrink)

This article investigates the relationships between forms of humor that conjure up possible worlds and real-world social critiques. The first part of the article will argue that subversive humor, which is from or on behalf of historically and continually marginalized communities, constitutes a kind of aesthetic experience that can elicit enjoyment even in adversarial audiences. The second part will be a connecting piece, arguing that subversive humor can be constructed as brief narrative thought experiments that employ the use of fictionalized (...) scenarios to facilitate an open, playful attitude, encouraging a space for collaborative interpretation. This interaction between humorist and audience is an aesthetic experience that is enjoyable in and of itself, as the feelings of mirth are intrinsically valuable. But connected to the “Ha-ha!” experience of these sorts of humorous creations is an “Aha!” or potentially revelatory experience that is a mixture of cognitive comprehension and motivated (emotional) response. The third part of the article will attempt to go beyond the consciousness-raising element with an account of how such possible worlds created in the realm of imagination through subversive humor can bleed into the real world of flesh and blood people. Finally, an example of subversive humor will be analyzed. (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)

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)

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)

This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights both (...) their distinctness and their compatibility. In so doing, it underscores the affinities between Blackburnian quasi-realism and moral realism as a moral doctrine. Finally, this paper contends—in line with my earlier work on these matters—that moral realism as a moral doctrine points to the need for some reorienting of meta-ethical enquiries rather than for the abandoning of them. (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)

Frege says, at the end of a discussion of formalism in the Foundations of Arithmetic, that his own foundational program “could be called formal” but is “completely different” from the view he has just criticized. This essay examines Frege’s relationship to Hermann Hankel, his main formalist interlocutor in the Foundations, in order to make sense of these claims. The investigation reveals a surprising result: Frege’s foundational program actually has quite a lot in common with Hankel’s. This undercuts Frege’s claim that (...) his own view is completely different from Hankel’s formalism, and motivates a closer examination of where the differences lie. On the interpretation offered here, Frege shares important parts of the formalist perspective, but differs in recognizing a kind of content for arithmetical terms which can only be made available via proof from prior postulates. (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)

In two very influential papers from 2008, Tamar Gendler introduced the concept of “alief” to describe the mental state one is in when acting in ways contrary to their consciously professed beliefs. For example, if asked to eat what they know is fudge, but shaped into the form of dog feces, they will hesitate, and behave in a manner that would be consistent with the belief that the fudge is really poop. They alieve that it is disgusting, while they believe (...) it is not. This paper investigates laughter from self-proclaimed egalitarian, tolerant folk, in response to oppressive jokes that might fit the alief-model. If I merely alieve the content of a joke at which I laugh, will that constitute morally exculpating reasons for such laughter? And what else might it imply? This paper will provide insights at the intersections of humor studies, ethics, epistemology, phenomenology, and the philosophy of mind, all while being moderately and appropriately amusing. (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)

Many theorists have defended the claim that collective entities can attain genuine agential status. If collectives can be agents, this opens up a further question: can they be conscious? That is, is there something that it is like to be them? Eric Schwitzgebel argues that yes, collective entities, may well be significantly conscious. Others, including Kammerer, Tononi and Koch, and List reject the claim. List does so on the basis of Tononi’s Integrated Information Theory of consciousness. I argue here that (...) List’s rejection is too quick, and that groups can, at least in principle, display the kind of informational integration we might think is necessary for consciousness. However, group consciousness will likely differ substantially from the individual experiences that give rise to it. This requires the defender of group consciousness to face up to a similar combination problem as the panpsychist. (shrink)

The Many Gods Objection (MGO) is widely viewed as a decisive criticism of Pascal’s Wager. By introducing a plurality of hypotheses with infinite expected utility into the decision matrix, the wagerer is left without adequate grounds to decide between them. However, some have attempted to rebut this objection by employing various criteria drawn from the theological tradition. Unfortunately, such defenses do little good for an argument that is supposed to be an apologetic aimed at atheists and agnostics. The purpose of (...) this paper is to offer a defensive strategy of a different sort, one more suited to the Wager’s apologetic aim and status as a decision under ignorance. Instead of turning to criteria independent of the Wager, it will be shown that there are characteristics already built into its decision theoretic structure that can be used to block many categories of theological hypotheses including MGO’s more outrageous “cooked-up” hypotheses and “philosophers’ fictions”. -/- Please note that there are editorial errors in the published version. They have been corrected in the attached. (shrink)

The past decade has seen a sizable increase in scholarship on Kant’s Religion. Yet, unlike the centuries of debate that inform our study of his other major works, scholarship on the Religion is still just in its infancy. As such, it is in a particularly vulnerable state where errors made now could hinder scholarship for decades to come. It is the purpose of this paper to mitigate one such danger, a danger issuing from the widely assumed view that the Religion (...) is shaped by “two experiments.” We will begin with a survey of the four current interpretations of the experiments, and then propose one further interpretation, one that hopefully will help dismantle this alleged “conundrum” and thereby help scholarship on the Religion move beyond this early misstep. (shrink)

Like most philosophers, Heidegger gave little attention to childhood, but his philosophical emphasis on pre-reflective practice and understanding seems uniquely qualified to help make sense of a child’s experience and development. Moreover, it seems to me that many central Heideggerian concepts are best defended, exemplified, and articulated by bringing child development into the discussion. A Heideggerain emphasis on pre-theoretical world-involvement opens up a rich array of phenomena for studying child development, which can improve upon standard theories that have over-emphasized exclusive (...) conditions or criteria. I begin by laying out some basic features of Heidegger’s conception of being-in-the-world as a preparation for understanding the world of the child. Then I will briefly discuss some of Heidegger’s remarks on childhood, followed by some reflections on language acquisition and the correlation of anxiety and meaning. (shrink)