Cognitive archaeology is a relatively new interdisciplinary science that uses cognitive and psychological models to explain archaeological artifacts like stone tools, figurines, and art. Edited by cognitive archaeologist Karenleigh A. Overmann and psychologist Frederick L. Coolidge, Squeezing Minds From Stones is a collection of essays, from both early pioneers and 'up and coming' newcomers in the field, that addresses a wide variety of cognitive archaeology topics, including the value of experimental archaeology, primate archaeology, the intent of ancient tool makers, (...) and how they may have lived and thought. (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)

This article explores critical theory's relations to German idealism by clarifying how Adorno's thought relates to Hegel's. Adorno's apparently mixed responses to Hegel centre on the dialectic and actually form a coherent whole. In his Logic, Hegel outlines the dialectical process by which categories – fundamental forms of thought and reality – necessarily follow one another in three stages: abstraction, dialectic proper, and the speculative . Adorno's allegiance to Hegel's dialectic emerges when he traces the dialectical process whereby enlightenment reverts (...) to myth and human domination over nature reverts into our domination by nature. However, Adorno criticizes Hegel's dialectic as the ultimate form of ‘identity thinking’, subsuming unique, material objects under universal concepts by using dialectical reason to expand those concepts to cover objects utterly. These two responses cohere because Adorno shares Hegel's view that dialectical contradict.. (shrink)

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

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)

This paper argues that there are no people. If identity isn't what matters in survival, psychological connectedness isn't what matters either. Further, fissioning cases do not support the claim that connectedness is what matters. I consider Peter Unger's view that what matters is a continuous physical realization of a core psychology. I conclude that if identity isn't what matters in survival, nothing matters. This conclusion is deployed to argue that there are no people. Objections to Eliminativism are considered, especially that (...) morality cannot survive the loss of persons. (shrink)

This paper will argue that there are no people. Let me summarize the argument. In part II of what follows, I argue that if identity isn't what matters in survival, psychological connectedness isn't what matters either. Psychological connectedness, according to Derek Parfit, is the 'holding of particular direct psychological connections,' for example, when a belief, a desire, or some other psychological feature continues to be had ; psychological connectedness consists in two other relations—resemblance plus a cause that produces it. For (...) our purposes, to say of a relation that it is 'what matters in survival' is to say that it carries the burden of responsibility, remorse, and regret for past misdeeds; and that it is what makes rational the anticipation of, and the special hopes and fears we have about, our own future experiences. A consequence of II is that if identity isn't what matters in survival, either something other than psychological connectedness is what matters or nothing matters. (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.".

This article revisits the ethical and political questions raised by feminist debates over essentialism, the belief that there are properties essential to women and which all women share. Feminists’ widespread rejection of essentialism has threatened to undermine feminist politics. Re-evaluating two responses to this problem—‘strategic’ essentialism and Iris Marion Young’s idea that women are an internally diverse ‘series’—I argue that both unsatisfactorily retain essentialism as a descriptive claim about the social reality of women’s lives. I argue instead that women have (...) a ‘ genealogy’: women always acquire femininity by appropriating and reworking existing cultural interpretations of femininity, so that all women become situated within a history of overlapping chains of interpretation. Because all women are located within this complex history, they are identifiable as belonging to a determinate social group, despite sharing no common understanding or experience of femininity. The idea that women have a genealogy thus reconciles anti-essentialism with feminist politics. (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)

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)

The paper analyzes the final proof with Greek mathematics and the possibility of intermediates in the Phaedo. The final proof in Plato’s Phaedo depends on a claim at 105c6, that μονάς, ‘unit’, generates περιττός ‘odd’ in number. So, ψυχή ‘soul’ generates ζωή ‘life’ in a body, at 105c10-11. Yet commentators disagree how to understand these mathematical terms and their relation to the soul in Plato’s arguments. The Greek mathematicians understood odd numbers in one of two ways: either that which is (...) not divisible into two equal parts, or that which differs from an even number by a unit. Plato uses the second way in the final proof. This paper argues that a proper understanding of these mathematical terms within Greek mathematics shows that the argument for the final proof is better than previously thought. Such an interpretation of the final proof lends credence to Platonic intermediates. (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)

Contextualists offer "high-low standards" practical cases to show that a variety of knowledge standards are in play in different ordinary contexts. These cases show nothing of the sort, I maintain. However Keith DeRose gives an ingenious argument that standards for knowledge do go up in high-stakes cases. According to the knowledge account of assertion (Kn), only knowledge warrants assertion. Kn combined with the context sensitivity of assertability yields contextualism about knowledge. But is Kn correct? I offer a rival account of (...) warranted assertion and argue that it beats Kn as a response to the "knowledge" version of Moore's Paradox. (shrink)

Judith Butler's contribution to feminist political thought is usually approached in terms of her concept of performativity, according to which gender exists only insofar as it is ritualistically and repetitively performed, creating permanent possibilities for performing gender in new and transgressive ways. In this paper, I argue that Butler's politics of performativity is more fundamentally grounded in the concept of genealogy, which she adapts from Foucault and, ultimately, Nietzsche. Butler understands women to have a genealogy: to be located within a (...) history of overlapping practices and reinterpretations of femininity. This genealogical understanding of femininity allows Butler to propose a coalitional feminist politics, which requires no unity among women but only loosely overlapping connections. For Butler, feminist coalitions should aim to subvert, not consolidate, entrenched norms concerning femininity. Butler has been criticized, however, for failing to explain either how subversive agency is possible or why the subversion of gender norms is desirable. Reviewing these criticisms, I argue that Butler offers a convincing explanation of the possibility of subversive agency, but that the normative dimension of her political thought remains relatively underdeveloped. I explore how the normative aspect of Butler's thought could be strengthened by recasting her notion of genealogy along more thoroughly Nietzschean and materialist lines, in terms of an idea of active and multiple bodily forces. (shrink)

In this book, Alison Stone develops a feminist approach to maternal subjectivity. Stone argues that in the West the self has often been understood in opposition to the maternal body, so that one must separate oneself from the mother and maternal care-givers on whom one depended in childhood to become a self or, in modernity, an autonomous subject. These assumptions make it difficult to be a mother and a subject, an autonomous creator of meaning. Insofar as mothers nonetheless (...) strive to regain their subjectivity when their motherhood seems to have compromised it, theirs cannot be the usual kind of subjectivity premised on separation from the maternal body. Mothers are subjects of a new kind, who generate meanings and acquire agency from their position of re-immersion in the realm of maternal body relations, of bodily intimacy and dependency. Thus Stone interprets maternal subjectivity as a specific form of subjectivity that is continuous with the maternal body. Stone analyzes this form of subjectivity in terms of how the mother typically reproduces with her child her history of bodily relations with her own mother, leading to a distinctive maternal and cyclical form of lived time. (shrink)

I argue that God could give us the robust power to do other than we do in a deterministic universe.

In this article I argue that the Early German Romantics understand the absolute, or being, to be an infinite whole encompassing all the things of the world and all their causal relations. The Romantics argue that we strive endlessly to know this whole but only acquire an expanding, increasingly systematic body of knowledge about finite things, a system of knowledge which can never be completed. We strive to know the whole, the Romantics claim, because we have an original feeling of (...) it that motivates our striving. I then examine two different Romantic accounts of this feeling. The first, given by Novalis, is that feeling gives us a kind of access to the absolute which logically precedes any conceptualisation. I argue that this account is problematic and that a second account, offered by Friedrich Schlegel, is preferable. On this account, we feel the absolute in that we intuit it aesthetically in certain natural phenomena. This form of intuition is partly cognitive and partly non-cognitive, and therefore it motivates us to strive to convert our intuition into full knowledge. (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)

Many women wrote philosophy in nineteenth-century Britain, and they wrote across the full range of philosophical topics. Yet these important women thinkers have been left out of the philosophical canon and many of them are barely known today. The aim of this book is to put them back on the map. It introduces twelve women philosophers - Mary Shepherd, Harriet Martineau, Ada Lovelace, George Eliot, Frances Power Cobbe, Helena Blavatsky, Julia Wedgwood, Victoria Welby, Arabella Buckley, Annie Besant, Vernon Lee, and (...) Constance Naden. Alison Stone looks at their views on naturalism, philosophy of mind, evolution, morality and religion, and progress in history. She shows how these women interacted and developed their philosophical views in conversation with one another, not only with their male contemporaries. The rich print and periodical culture of the period enabled these women to publish philosophy in forms accessible to a general readership, despite the restrictions women faced, such as having limited or no access to university education. Stone explains how these women became excluded from the history of philosophy because there was a cultural shift at the end of the nineteenth century towards specialised forms of philosophical writing, which depended on academic credentials that were still largely unavailable to women. (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)

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)

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)

In this paper I reconstruct Schlegel's idea that romantic poetry can re-enchant nature in a way that is uniquely compatible with modernity's epistemic and political values of criticism, self-criticism, and freedom. I trace several stages in Schlegel's early thinking concerning nature. First, he criticises modern culture for its analytic, reflective form of rationality which encourages a disenchanting view of nature. Second, he re-evaluates this modern form of rationality as making possible an ironic, romantic, poetry, which portrays natural phenomena as mysterious (...) indications of an underlying reality that transcends knowledge. Yet Schlegel relies here on a contrast between human freedom and natural necessity that reinstates a disenchanting view of nature as fully intelligible and predictable. Third, therefore, he reconceives nature as inherently creative and poetic, rethinking human creativity as consisting in participation in natural creative processes. He replaces his earlier "idealist" view that reality is in itself unknowable with the "idealist realist" view that reality is knowable as creative nature, yet, in its spontaneous creativity, still eludes full comprehension. I argue that Schlegel's third approach to the re-enchantment of nature is his most consistent and satisfactory, and is important for contemporary environmental philosophy in showing how re-enchantment is compatible with modernity. (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)

In this paper we look at the manual analysis of arguments and how this compares to the current state of automatic argument analysis. These considerations are used to develop a new approach combining a machine learning algorithm to extract propositions from text, with a topic model to determine argument structure. The results of this method are compared to a manual analysis.

Skepticism about the external world may very well be correct, so the question is in order: what theory of knowledge flows from skepticism itself? The skeptic can give a relatively simple and intuitive account of knowledge by identifying it with indubitable certainty. Our everyday ‘I know that p’ claims, which typically are part of practical projects, deploy the ideal of knowledge to make assertions closely related to, but weaker than, knowledge claims. The truth of such claims is consistent with skepticism; (...) various other vexing problems don’t arise. In addition, even if no claim about the world outside my mind can be more probable than its negation, the project of pure scientific research remains well motivated. (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)

"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)

Aristotle’s Poetics defends the value of tragic poetry, presumably to counter Plato’s critique in the Republic. Can this defense resonate with something larger and rather surprising, that Aristotle’s overall philosophy displays a tragic character? I define the tragic as pertaining to indigenous and inescapable limits on life, knowledge, control, achievement, and agency. I explore how such limits figure in Aristotle’s physics, metaphysics, and biological works. Accordingly I want to disturb the common account of Aristotle’s thought as a neat system of (...) ontological order and metaphysical closure—not to exclude such elements but to place them within a world-view that includes certain limits at the edges of being. (shrink)

In demonstration, speakers use real-world activity both for its practical effects and to help make their points. The demonstrations of origami mathematics, for example, reconfigure pieces of paper by folding, while simultaneously allowing their author to signal geometric inferences. Demonstration challenges us to explain how practical actions can get such precise significance and how this meaning compares with that of other representations. In this paper, we propose an explanation inspired by David Lewis’s characterizations of coordination and scorekeeping in conversation. In (...) particular, we argue that words, gestures, diagrams and demonstrations can function together as integrated ensembles that contribute to conversation, because interlocutors use them in parallel ways to coordinate updates to the conversational record. (shrink)

This paper examines how a delusive social imaginary of criminal-justice has underpinned contemporary U.S. mass incarceration and encouraged widespread indifference to its violence. I trace the complicity of this criminal-justice imaginary with state-organized violence by comparing it to an imaginary that supported colonial violence. I conclude by discussing how those of us outside of prison can begin to resist the entrenched images and institutions of mass incarceration by engaging the work and imagining the perspective of incarcerated people.

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)

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)

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)

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)

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)