La categoría ‘arte conceptual’ se aplica a una gran cantidad de obras de arte contemporáneo. El artista Sol LeWitt introdujo el término en la jerga del arte al describir obras de arte donde “la idea o el concepto es el aspecto más importante de la obra” (LeWitt 1967: 79, traducción mía). Inicialmente, el término se utilizó para referirse a obras producidas entre finales de los años sesenta y principios de los setenta por artistas como Sol LeWitt, Robert Barry, Lawrence (...) Weiner, On Kawara, Joseph Kosuth, John Baldessari, el grupo Art & Language y otros (véase Lippard 1973). En España fueron relevantes el Grup de Treball, Zaj o Esther Ferrer entre otros. Más tarde se hizo evidente no solo que obras como Fuente (1917) de Marcel Duchamp – un urinario de porcelana, que fue firmado “R. Mutt” y presentado para una exposición de la Sociedad de Artistas Independientes – tenían mucho en común con aquellas producidas a finales de la década de 1960 y principios de la de 1970, sino también que obras de arte conceptual continuaron siendo producidas a lo largo de la década de 1970 y las décadas siguientes, hasta el punto de que podría argumentarse que gran parte del arte contemporáneo es, en cierta medida, conceptual. -/- Es característico de los primeros autores conceptuales el uso del lenguaje natural en obras que son en principio visuales o plásticas, como las frases de Weiner, las definiciones de Kosuth o los ensayos de Art&Language. Se trata de un interés por el significado y el lenguaje heredado de la semiótica y la filosofía analítica de la época. También señala el énfasis (a menudo exclusivo) de todas las obras de arte conceptual en el elemento conceptual, como ocurre en los dibujos y pinturas murales de LeWitt, donde el artista produjo las instrucciones para su ejecución, luego las realizó en colaboración con otros, o transfirió completamente a otros esta tarea. Otra característica de las primeras obras de arte conceptual es que los artistas no manipularon ningún material para producir un objeto (como en Fuente de Duchamp) o usaron materiales excéntricos como el lenguaje natural, su propio cuerpo -como en I am the locus (# 1) (1975) de Adrian Piper, una performance en la que la artista se pegó un bigote en la cara, se puso una peluca Afro y anteojos redondos con montura de alambre y caminó en las calles actuando como un hombre-, o el chocolate con el que Anya Gallaccio revistió las paredes de un viejo edificio agrícola en Stroke (2004), dejando que el público las tocara y que el chocolate se pudriese. -/- Debido a sus características inusuales, el arte conceptual plantea muchas preguntas filosóficas: sobre la definición de arte, sobre la ontología y los medios de las obras de arte y sobre nuestra experiencia apreciativa de ellas. En lo que sigue, presentaré brevemente cada uno de estos temas. (shrink)

A show on Radio Romania Cultural, ”Springs of Philosophy” 22 May 2010. Moderator: Constantin Aslam. Guest: Marcel Chelba. The subject of the discussion was the topicality and modernity of Kant, on Marcel Chelba's book: Critical Introduction (On the Possibility of Metaphysics, as Science, in the Perspective of Kantian Critical Philosophy), Crates, 2004. The central idea is that Kant's transcendental aesthetics is the epistemological paradigm of modern science and that modern science has confirmed Kant, not refuted him, as is widely believed.

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)

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)

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)

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)

I present a reconstruction of F.H.C. Crick's two 1957 hypotheses "Sequence Hypothesis" and "Central Dogma" in terms of a contemporary philosophical theory of causation. Analyzing in particular the experimental evidence that Crick cited, I argue that these hypotheses can be understood as claims about the actual difference-making cause in protein synthesis. As these hypotheses are only true if restricted to certain nucleic acids in certain organisms, I then examine the concept of causal specificity and its potential to counter claims about (...) causal parity of DNA and other cellular components. I first show that causal specificity is a special kind of invariance under interventions, namely invariance of generalizations that range over finite sets of discrete variables. Then, I show that this notion allows the articulation of a middle ground in the debate over causal parity. (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.".

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)

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)

Mathematical formalism is the the view that numbers are "signs" and that arithmetic is like a game played with such signs. Frege's colleague Thomae defended formalism using an analogy with chess, and Frege's critique of this analogy has had a major influence on discussions in analytic philosophy about signs, rules, meaning, and mathematics. Here I offer a new interpretation of formalism as defended by Thomae and his predecessors, paying close attention to the mathematical details and historical context. I argue that (...) for Thomae, the formal standpoint is an _algebraic perspective_ on a domain of objects, and a "sign" is not a linguistic expression or mark, but a representation of an object within that perspective. Thomae exploits a shift into this perspective to give a purely algebraic construction of the real numbers from the rational numbers. I suggest that Thomae's chess analogy is intended to provide a model for such shifts in perspective. (shrink)

Causal selection is the task of picking out, from a field of known causally relevant factors, some factors as elements of an explanation. The Causal Parity Thesis in the philosophy of biology challenges the usual ways of making such selections among different causes operating in a developing organism. The main target of this thesis is usually gene centrism, the doctrine that genes play some special role in ontogeny, which is often described in terms of information-bearing or programming. This paper is (...) concerned with the attempt of confronting the challenge coming from the Causal Parity Thesis by offering principles of causal selection that are spelled out in terms of an explicit philosophical account of causation, namely an interventionist account. I show that two such accounts that have been developed, although they contain important insights about causation in biology, nonetheless fail to provide an adequate reply to the Causal Parity challenge: Ken Waters's account of actual-difference making and Jim Woodward's account of causal specificity. A combination of the two also doesn't do the trick, nor does Laura Franklin-Hall's account of explanation (in this volume). We need additional conceptual resources. I argue that the resources we need consist in a special class of counterfactual conditionals, namely counterfactuals the antecedents of which describe biologically normal interventions. (shrink)

ABSTRACTIn this article, we explore the debate on corporate citizenship and the role of business in global governance. In the debate on political corporate social responsibility it is assumed that under globalization business is taking up a greater political role. Apart from economic responsibilities firms assume political responsibilities taking up traditional governmental tasks such as regulation of business and provision of public goods. We contrast this with a subsidiarity-based approach to governance, in which firms are seen as intermediate actors who (...) have political co-responsibilities in society endowed upon them by national governmental institutions. We argue that both approaches face conceptual and empirical problems, and do not make clear the content and scope of political corporate responsibility. Based on Iris Marion Young’s account of political responsibility we argue that corporate actors and governmental actors have a shared responsibility to tackle societal problems. Taking political corporate responsibility not only entails engaging in private action or engaging in public–private partnerships, but it also includes aiding governmental actors to remedy injustice or even create public institutions where they do not yet exist. By adding this perspective we contribute to the debate on responsibility in corporate citizenship and clarify the political role business can play in global governance. (shrink)

The recent literature on causality has seen the introduction of several distinctions within causality, which are thought to be important for understanding the widespread scientific practice of focusing causal explanations on a subset of the factors that are causally relevant for a phenomenon. Concepts used to draw such distinctions include, among others, stability, specificity, proportionality, or actual-difference making. In this contribution, I propose a new distinction that picks out an explanatorily salient class of causes in biological systems. Some select causes (...) in complex biological systems, I argue, have the property of enabling coherent causal control of these systems. Examples of such control variables include hormones and other signaling molecules, e.g., TOR (target of rapamycin), morphogens or the products of homeotic selector genes in embryonic pattern formation. I propose an analysis of this notion based on concepts borrowed from causal graph theory. (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)

John Searle has argued that functions owe their existence to the value that we put into life and survival. In this paper, I will provide a critique of Searle’s argument concerning the ontology of functions. I rely on a standard analysis of functional predicates as relating not only a biological entity, an activity that constitutes the function of this entity and a type of system but also a goal state. A functional attribution without specification of such a goal state has (...) no truth-value. But if completed with a goal state, functional attributions understood as four-place relations attain a truth-value. The truth conditions of all attributions of function involve a dependence claim of the goal state on the function bearer’s activity. The nature of this dependence may differ; I consider five different possibilities: causality, mechanistic constitution, mereology, supervenience and metaphysical grounding. If these dependency relations are objective, Searle’s central ontological thesis fails. What he ought to have said is that our valuing survival or other goal states may be the reason why biology seeks functional knowledge, but this has nothing to do with ontology. I will show further that Searle also raised an interesting challenge concerning the relationship of functional and causal truths, but it does not threaten the objectivity of functions either. At best, it could show that functional vocabulary is eliminable. However, I will show that functional vocabulary is not so eliminable. (shrink)

Biological modalities, i.e., biologically possible, impossible, or necessary states of affairs have not received much attention from philosophers. Yet, it is widely agreed that there are biological constraints on physically possible states of affairs, such that not everything that is physically possible is also biologically possible, even if everything that is biologically possible is also physically possible. Furthermore, biologists use concepts that appear to be modal in nature, such as the concept of evolvability in evolutionary developmental biology, or “evo-devo.” The (...) present chapter investigates what kind of modality underlies the concept of evolvability. This concept tries to capture the capacity of an organism or a lineage to sustain genetic changes that enable it to evolve or to evolve adaptively. The basic idea of the proposed approach is to construe evolvability as a kind of accessibility in a modal space. The difficult part is to specify this modal space and the relevant accessibility relation. While there may not be a general way of defining such a relation, there exist model systems for which it is possible, e.g., evolving small RNAs. The modal space in such cases turns out to be quite distinct from those constructed by philosophers, e.g., David Lewis’s similarity metric for possible worlds. Even though the biological case examined here is quite special, attending to the way in which biological possibilities are modeled in this case harbors some general lessons about biological modalities, in particular their dependence on the explanatory goals of the models modeling modality. (shrink)

I examine different arguments that could be used to establish indeterminism of neurological processes. Even though scenarios where single events at the molecular level make the difference in the outcome of such processes are realistic, this falls short of establishing indeterminism, because it is not clear that these molecular events are subject to quantum mechanical uncertainty. Furthermore, attempts to argue for indeterminism autonomously (i.e., independently of quantum mechanics) fail, because both deterministic and indeterministic models can account for the empirically observed (...) behavior of ion channels. (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 want to exhibit the deeper metaphysical reasons why some common ways of describing the causal role of genes in development and evolution are problematic. Specifically, I show why using the concept of information in an intentional sense in genetics is inappropriate, even given a naturalistic account of intentionality. Furthermore, I argue that descriptions that use notions such as programming, directing or orchestrating are problematic not for empirical reasons, but because they are not strictly causal. They are intentional. By contrast, (...) other notions that are part of the received view in genetics and evolutionary theory are defensible if understood correctly, in particular the idea that genes are the main replicators in evolution. The paper concludes that dropping all intentional or intentionally laden concepts does not force us to accept the so-called causal parity thesis, at least not in its stronger form. (shrink)

Griffiths et al. (2015) have proposed a quantitative measure of causal specificity and used it to assess various attempts to single out genetic causes as being causally more specific than other cellular mechanisms, for example, alternative splicing. Focusing in particular on developmental processes, they have identified a number of important challenges for this project. In this discussion note, I would like to show how these challenges can be met.

This paper examines causal theories of reference with respect to how plausible an account they give of non-physical natural kind terms such as ‘gene’ as well as of the truth of the associated theoretical claims. I first show that reference fixism for ‘gene’ fails. By this, I mean the claim that the reference of ‘gene’ was stable over longer historical periods, for example, since the classical period of transmission genetics. Second, I show that the theory of partial reference does not (...) do justice to some widely held realist intuitions about classical genetics. This result is at loggerheads with the explicit goals usually associated with partial theories of reference, which is to defend a realist semantics for scientific terms. Thirdly, I show that, contrary to received wisdom and perhaps contrary to physics and chemistry, neither reference fixism nor partial reference are necessary in order to hold on to scientific realism about biology. I pinpoint the reasons for this in the nature of biological kinds, which do not even remotely resemble natural kinds (i.e., Lockean real essences) as traditionally conceived. (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)

This paper provides an overview of the contemporary debate on the concepts and definitions of Corporate Social Responsibility (CSR) and Corporate Sustainability (CS). The conclusions, based on historical perspectives, philosophical analyses, impact of changing contexts and situations and practical considerations, show that "one solution fits all"-definition for CS(R) should be abandoned, accepting various and more specific definitions matching the development, awareness and ambition levels of organizations.

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 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)

Darwin famously held that his use of the term "chance" in evolutionary theory merely "serves to acknowledge plainly our ignorance of the causes of each particular variation". Is this a tenable view today? Or should we revise our thinking about chance in evolution in light of the more advanced, quantitative models of Neo-Darwinian theory, which make substantial use of statistical reasoning and the concept of probability? Is determinism still a viable metaphysical doctrine about biological reality after the quantum revolution in (...) physics, or dowe have to abandon it in favor of an objective indeterminism? In light of such reflections, what is the relevant interpretation of probability in evolutionary theory? Do biologists use the concept of probability because they are finite cognitive agents or because the evolutionary process is fundamentally probabilistic? In this paper, I will show that we do not yet fully understand the nature of chance in evolution. (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)

Experimental modeling in biology involves the use of living organisms (not necessarily so-called "model organisms") in order to model or simulate biological processes. I argue here that experimental modeling is a bona fide form of scientific modeling that plays an epistemic role that is distinct from that of ordinary biological experiments. What distinguishes them from ordinary experiments is that they use what I call "in vivo representations" where one kind of causal process is used to stand in for a physically (...) different kind of process. I discuss the advantages of this approach in the context of evolutionary biology. (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)

In this paper, I argue that the disjunction elimination rule presupposes the principle that a true disjunction contains at least one true disjunct. However, in some contexts such as supervaluationism or quantum logic, we have good reasons to reject this principle. Hence, disjunction elimination is restricted in at least one respect: it is not applicable to disjunctions for which this principle does not hold. The insight that disjunction elimination presupposes the principle that a true disjunction contains at least one true (...) disjunct is applied to two arguments which argue for this very principle. I show that these arguments are rule-circular since they rest on disjunction elimination. I claim that rule-circularity better explains why the arguments fail than the explanations provided by Rumfitt (2015), which, for instance, rely on controversial principles about truth. (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)

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)

"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)

Frege famously held that numbers play the role of objects in our language and thought, and that this role is on display when we use sentences like "The number of Jupiter's moons is four". I argue that this role is an example of a general pattern that also encompasses persons, times, locations, reasons, causes, and ways of appearing or acting. These things are 'objects' simply in the sense that they are answers to questions: they are the sort of thing we (...) search for and specify during investigation or inquiry. I support this epistemological conception of objects by studying specificational sentences, a class of sentences which includes Frege's original example. I defend an analysis of such sentences as question-answer pairs, and show how to formally represent this analysis using game-theoretical semantics. (shrink)

The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...) to the disadvantaged students and messages of unwarranted superiority to the advantaged. Parents, teachers, and schools can adopt a justice perspective that avoids these deleterious aspects of the capital argument, and helps create a community of equals inside the integrated school. Struggles for educational justice must remain closely linked with struggles of both a class- and race-based nature for other forms of justice in the wider society. (shrink)

What does it mean to ‘give’ the value of a variable in an algebraic context, and how does giving the value of a variable differ from merely describing it? I argue that to answer this question, we need to examine the role that giving the value of a variable plays in problem-solving practice. I argue that four different features are required for a statement to count as giving the value of a variable in the context of solving an elementary algebra (...) problem: the variable must be in the scope opened by the problem statement; the values given must be in the range of the variable, which is determined by the problem; the statement giving the values must represent a complete solution; and it must be in a canonical form. This account helps us better understand elementary algebra itself, as well as the use of algebraic tools to analyze phenomena in natural language. (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 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)

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)

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)