I think the basic intuition behind textualism correct – that the meaning of a law is fixed by referencing the meaning of its words according to the meaning common to the law’s ratifiers. However, even if true, it does not follow that interpretation of a law goes through the original ratifiers. Rather, a citizenry continually ratifies the laws to which it subjects itself, and as the meanings of those words change over time, so will those laws. Concerning, say, the U.S. (...) Constitution, though the text may be very nearly the same now as in the 18th century, a different constitution is in effect. (shrink)

To discover affects within Husserl’s texts designates a difficult investigation; it points to a theme of which these texts were forced to speak, even as they were explicitly speaking of regional ontologies and the foundations of sciences. For we may at first wonder: where can affection find a positive role in the rigor of a pure philosophy that seeks to account for its phenomena from within the immanence of consciousness? Does this not mean that the very passivity and foreignness of (...) affect will be overlooked; will it not be continually linked to a Vorstellung that issues as a ray of the pure ego? That is, will the phenomenological account of affect be reduced to the cognition of an object, as Emmanuel Levinas suggests? Yet there are affects in Husserl’s texts that maintain their autonomy and resist subsumption to an objectivating intentionality.We may see this in the Lectures On the Phenomenology of the Consciousness of Internal Time: in the longitudinal intentionality of retention, through which consciousness becomes aware of its elapsed phases without making them into objects—a passive synthesis that gives the flow of time-constituting consciousness the form of a continually deferred auto-affection.1We find it again as early as the fifth Logical Investigation, 2 providing us with the impetus to radicalize Husserlian phenomenology. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent (...) Assembly with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

Theories of individual well‐being fall into three main categories: hedonism, the desire‐fulfilment theory, and the list theory (which maintains that there are some things that can benefit a person without increasing the person's pleasure or desire‐fulfilment). The paper briefly explains the answers that hedonism and the desire‐fulfilment theory give to the question of whether being virtuous constitutes a benefit to the agent. Most of the paper is about the list theory's answer.

Context: The majority of contemporary enactivist work is influenced by the philosophical biology of Hans Jonas. Jonas credits all living organisms with experience that involves particular “existential” structures: nascent forms of concern for self-preservation and desire for objects and outcomes that promote well-being. We argue that Jonas’s attitude towards living systems involves a problematic anthropomorphism that threatens to place enactivism at odds with cognitive science, and undermine its legitimate aims to become a new paradigm for scientific investigation and (...) understanding of the mind. Problem: Enactivism needs to address the tension between its Jonasian influences and its aspirations to become a new paradigm for cognitive science. By relying on Jonasian phenomenology, contemporary enactivism obscures alternative ways in which phenomenology can be more smoothly integrated with cognitive science. Method: We outline the historical relationship between enactivism and phenomenology, and explain why anthropomorphism is problematic for a research program that aspires to become a new paradigm for cognitive science. We examine the roots of Jonas’s existential interpretation of biological facts, and describe how and why Jonas himself understood his project as founded on an anthropomorphic assumption that is incompatible with a crucial methodological assumption of scientific enquiry: the prohibition of unexplained natural purposes. We describe the way in which phenomenology can be integrated into Maturana’s autopoietic theory, and use this as an example of how an alternative, non-anthropomorphic science of the biological roots of cognition might proceed. Results: Our analysis reveals a crucial tension between Jonas’s influence on enactivism and enactivism’s paradigmatic aspirations. This suggests the possibility of, and need to investigate, other ways of integrating phenomenology with cognitive science that do not succumb to this tension. Implications: In light of this, enactivists should either eliminate the Jonasian inference from properties of our human experience to properties of the experience of all living organisms, or articulate an alternative conception of scientific enquiry that can tolerate the anthropomorphism this inference entails. The Maturanian view we present in the article’s final section constitutes a possible framework within which enactivist tools and concepts can be used to understand cognition and phenomenology, and that does not involve a problematic anthropomorphism. Constructivist content: Any constructivist approach that aims for integration with current scientific practice must either avoid the type of anthropomorphic inference on which Jonas bases his work, or specify a new conception of scientific enquiry that renders anthropomorphism unproblematic. (shrink)

One of biology's fundamental aims is to generate understanding of the living world around—and within—us. In this chapter, I aim to provide a relatively nonpartisan discussion of the nature of explanation in biology, grounded in widely shared philosophical views about scientific explanation. But this discussion also reflects what I think is important for philosophers and biologists alike to appreciate about successful scientific explanations, so some points will be controversial, at least among philosophers. I make three main points: (1) causal (...) relationships and broad patterns have often been granted importance to scientific explanations, and they are in fact both important; (2) some explanations in biology cite the components of or processes in systems that account for the systems’ features, whereas other explanations feature large-scale or structural causes that influence a system; and (3) there can be multiple different explanations of a given biological phenomenon, explanations that respond to different research aims and can thus be compatible with one another even when they may seem to disagree. (shrink)

Games Studies reveals the performative nature of playing a character in a virtual-game-world (Nitsche 2008, p.205; Pearce 2006, p.1; Taylor 2002, p.48). Tbe Player/Character relationship is typically understood in terms of the player’s in-game “presence” (Boellstorff 2008, p.89; Schroeder 2002, p.6). This gives the appearance that living-into a game-world is an all-or- nothing affair: either the player is “present” in the game-world, or they are not. I argue that, in fact, a constitutive phenomenology reveals the Player/Character relationship to be (...) a multi-dimensional matter of empathy. I advance a broadly Schutzian framework, drawing on his 1932 discussions of “face-to-face encounters” and ”historical predecessors,” showing how at- tention to empathy reveals a variety of “presences” that different kinds of Player/Character relationships afford. The central determinants of empathetic affordances which I focus on here are (i) how much players know about a character (especially the character’s past) and (ii) how players learn this information.The purpose of this discussion will be to show that a phenomenological analysis reveals that the relationship between a player and their character is complex, highly variable, and inherently social. Furthermore, it will add to the growing body of scholarship that demonstrates that video games are rich social objects deserving of study. (shrink)

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit (...) occurs. This process begins by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)

This paper argues for interpreting Nietzsche along the lines of a self-constitution view. According to the self-constitution view, a person is a kind of creation: we constitute our selves throughout our lives. The self-constitution view may take more than one form: on the narrative version, the self is like a story, while on the Kantian version, the self is a set of principles or commitments. Taking Marya Schechtman’s and Christine Korsgaard’s accounts as paradigmatic, I take the self- (...) class='Hi'>constitution view to emphasize practical considerations and the first person point of view and to conceive of the self as active in self-creation. The interpretation I offer can make sense of Nietzsche’s remarks about self-creation and of many of Nietzsche’s remarks about the self that would otherwise seem contradictory. In particular, Nietzsche’s anti-metaphysical remarks about the self fit well with the self-constitution view as long as they are understood as theoretical claims that do not undermine the importance of the practical point of view. (shrink)

Recent research about the microbiome points to a picture in which we, humans, are ‘living through’ nature, and nature itself is living in us. Our bodies are hosting—and depend on—the multiple species that constitute human microbiota. This article will discuss current research on the microbiome through the ideas of Japanese ecologist Imanishi Kinji (1902–1992). First, some of Imanishi’s key ideas regarding the world of living beings and multispecies societies are presented. Second, seven types of relationships concerning the (...) human microbiome, human beings, and the environment are explored. Third, inspired by Imanishi’s work, this paper develops the idea of dynamic, porous, and complex multispecies societies in which different living beings or species are codependent on others, including microbiota and human beings. (shrink)

Aristotle’s discussions of natural slavery, ‘barbarian kingship’, and the natural characteristics of barbarians or non-Greeks are usually read as calling into question the intellectual, ethical, and political accomplishments of non-Greeks. Such accounts of non-Greek inferiority or inability to self-govern also appear to presuppose a climatic or environmental account that on the whole would imply severe limitations on the possibility of political flourishing for peoples living outside the Greek Mediterranean basin. In light of such accounts, it is somewhat astounding to (...) find Aristotle praising the social and political institutions of Carthage within his discussion of the best constitution in the second book of the Politics. In the 4th century BCE, Carthage (modern day Tunis) was a Phoenician commercial empire that culturally and linguistically was Semitic and clearly non-Greek. That Aristotle contrasts Carthage, a non-Greek polis, favorably with both Sparta and Crete undermines both the claim that Aristotle embraced a categorical opposition between Greeks and non-Greeks and the claim that he was dismissive of the achievements of non-Greeks. (shrink)

This article proposes an approach to understanding life that overcomes reductionist and dualist approaches. Kant’s analysis of the conditions of knowing an organism shows that attempts to explain its teleology and autopoiesis from the interactions of its components is problematic. Based on an analysis by Van de Vijver and colleagues, a co-constitutive relationship between the cognitive activities of the observer and the living features of the organism is described. Using the example of a developmental series, it is shown that (...) within this active relational process, both autopoiesis and teleology of the organism manifest themselves on the mental level of the observer. The Kantian mode of objectification, which refers to the sensually perceptible appearance of an organism, can be supplemented by an active mode of relational objectification that encompasses the life of the organism. The analysis introduces a phenomenological first-person perspective on the study of life "from within", which enables an empirical investigation of the vital properties of an organism. (shrink)

Drawing on recent work in formal pragmatic theory, this paper shows that the manipulation of discourse structure—in particular, by way of shifting the Question Under Discussion mid-discourse—can constitute an act of epistemic injustice. I argue that the “All Lives Matter” response to the “Black Lives Matter” slogan is one such case; this response shifts the Question Under Discussion governing the overarching discourse from Do Black lives matter? to Which lives matter? This manipulation of the discourse structure systematically obscures the intended (...) meaning of “Black lives matter” and disincentivizes future utterances of it. (shrink)

I wholeheartedly sympathize conceptually with Coeckelbergh’s paper. The dialectical relationship between vulnerability and technology constitutes the core of Hegel’s Master and Slave. Yet, the empirical dimension is underdeveloped and Coeckelbergh’s ideas could profit from exposure to case studies. Building on a movie/novel devoted to vulnerability coping and living with ICT, I challenge the claim that modern heroism entails overcoming vulnerability with the help of enhancement and computers.

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...) the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Certain forms of practical deference seem to be incompatible with personal autonomy. I argue that such deference undermines autonomy not by compromising the governance of an authentic self, nor by constituting a failure to track objective reasons, but by constituting a particular social relation: one of interpersonal rule. I analyse this social relation and distinguish it from others, including ordinary relations of love and care. Finally, I argue that the particular form of interpersonal rule constituted by dispositions of practical deference (...) in itself entails a partial, though not total, disconnection from the good of a self-authored life. (shrink)

Self-narrative is often, perhaps primarily, a tool of self- constitution, not of truth representation. We explore this theme with reference to our own recent qualitative interviews of substance-dependent agents. Narrative self- constitution, the process of realizing a valued narrative projection of oneself, depends on one’s narrative tracking truth to a certain extent. Therefore, insofar as narratives are successfully realized, they have a claim to being true, although a certain amount of self-deception typically comes along for the ride. We (...) suggest that, because agents typically value certain outcomes more highly than truth for truth’s sake, it makes sense to narrate in ways that aren’t strictly true if that helps ensure highly valued outcomes do come true. Walker (2012) outlines three ways of defending the truth of past-directed narratives, but the role of future-directed narratives in realizing highly valued truths provides her a fourth way. (shrink)

John Fischer has recently argued that the value of acting freely is the value of self-expression. Drawing on David Velleman’s earlier work, Fischer holds that the value of a life is a narrative value and free will is valuable insofar as it allows us to shape the narrative structure of our lives. This account rests on Fischer’s distinction between regulative control and guidance control. While we lack the former kind of control, on Fischer’s view, the latter is all that is (...) needed for self-expression. I first develop Fischer’s narrative account, focusing on his reliance on temporal loops as giving us control over the value of our lives. Second, I argue that the narrative account grants us greater power over the past than Fischer would allow: since narrative allows not only for changes in how we feel about episodes in our past but what those episodes in fact were, it allows for a kind of retroactive self-constitution. Finally, I suggest that this modification of the narrative view opens the possibility of a conception of freedom far stronger than guidance control. It does not give us the libertarian control over whether to choose A or B in the present, but it does provide a measure of control over the sort of person an agent has been, and thus whether she is the sort of person who will choose A or B in the future. (shrink)

This dissertation examines the relationship that exists between two distinct and seemingly incompatible bodies of scholarship within the field of contemporary philosophy of technology. The first, as argued by postmodern pragmatist Barry Allen, posits that our tools and what we make with them are epistemically important; disputing the idea that knowledge is strictly sentential or propositional, he claims instead that knowledge is the product of a performance that is both superlative and artefactual, rendering technology importantly world-constituting. The second, as argued (...) by Heidegger and his inheritors, is that technology is ontologically problematic; rather than technology being evidence of performative knowledge, it is instead existentially threatening by virtue of the fact that it changes the tenor of our relationship with the world-as-given. Despite the fact that these claims seem prima facie incompatible, I argue that they may be successfully reconciled by introducing a third body of scholarship: the philosophy of photography. For it is the case, I argue, that although we, qua human beings, occupy lifeworlds that are necessarily constituted by technology, technology also induces a kind of phenomenological scepticism: a concern that mediated action precludes us from the possibility of authentic experience. Arguing in favour of the sentiment that photographs serve as a kind of phenomenal anchor—a kind of machine for living—I claim that photographic images provide a panacea to this existential concern: despite being epistemically problematic, it is this selfsame epistemic “specialness” of photographs that forces us to phenomenologically recommit, if only temporarily, to the world in a serious way. Consequently, it is my belief that an analysis of our artefacts and the way they function is fundamentally incomplete without an analysis of the epistemic and ontological problems introduced of the photographic image; as I will demonstrate, the photographic image casts an extremely long shadow over the philosophy of technology. (shrink)

Do we live in a computer simulation? I will present an argument that the results of a certain experiment constitute empirical evidence that we do not live in, at least, one type of simulation. The type of simulation ruled out is very specific. Perhaps that is the price one must pay to make any kind of Popperian progress.

In addition to any content, another essential element must be the order or form of that content. Content implies a container. Generally, the container is not thought of as having any determinate influence upon the content. This is a mistake. If we have a bowl-shaped container, the marbles at the bottom will form a concave shape. A square-shaped container will exhibit the marbles in a planar pattern. Thus the container does influence the order or form of its content. Similarly, the (...) Concept (container) of an object (content), shows a similar influence. Thus there is a causal influence of the concept on the content, and as far as the form the content takes is intrinsic, the Concept is not only externally causitive but intrinsically constitutive of the object as well, i.e. its essence. (shrink)

In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' (...) To the literary critic he admonishes: "When you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, of course, but it is assumed that the skills traditionally associated with modern literary criticism . . . are there to be applied to literary texts, not, for instance, to a government document . . . . The intellectual toll this has taken in the work of the most explicitly political of recent critics . . . is very high." Should lawyers not match Said's gage by throwing down one of their own? If literary criticism should be socially engaged, should the social practice of law not be literate? If so, to what end? (shrink)

In this paper I consider the essential role that public memory plays in the establishment and maintenance of the political arena and its space of appearance. Without this space and the shared memory that allows it to appear, Hannah Arendt argues, transience and finitude would consume the excellence of word and deed—just as the "natural ruin of time" consumes its mortal performer. The modern era displays a kind of mnemonic failure, however, a situation arising not only from technological developments that (...) "outsource" memory but from several normative breakdowns that Arendt describes as characteristic of modernity. The consequence is the individual's loss of personal, living access to the community's memories, and the community's own failure to engage in the difficult choice of what counts as worthy of preservation. In failing to ask this question, however, the community abdicates responsibility for establishing the shared norms by which it will govern itself in times of crisis. (shrink)

Dancers and dance philosophers report on experiences of a certain form of sense making and bodily thinking through the dancing body. Yet, discussions on expertise and consciousness are often framed within canonical philosophical world-views that make it difficult to fully recognize, verbalize, and value the full variety of embodied and affective facets of subjectivity. Using qualitative interviews with five professional dancers and choreographers, I make an attempt to disclose the characteristics of what I consider to be a largely overseen state (...) of consciousness: embodied reflection. Dancers are familiar with this attentive bodily presence, which constitutes their work mode and heightens their abilities as experts. Detailed descriptions of their daily work at the theatre help us grasp the qualities and understand the enigmas of the absorbed state of bodily thinking. Husserl’s theories on reflection and Merleau-Ponty’s work on motoricity support our understanding of the structures behind embodied reflection. I believe it is a common human resource, and that whether we are experts or not, we all have the ability to reflect non-conceptually through bodily and/or affective activity. (shrink)

This paper elaborates a neo-Wittgensteinian, philosophical-anthropological alternative to classically Aristotelian approaches in the philosophy of friendship. On the classic approach, the value of friendship, as a practice, and the value of particular friendships within the life of any given individual, are each subordinated to the ur-value of individual flourishing. That is, it starts with a value that it sees as frustrated or fulfilled by social practice. The alternative, meanwhile, moves from the articulation of social practice to the values these practices (...) frame. I will argue that the alternative is descriptively and prescriptively superior when what’s at issue is the status of a social practice like friendship. By acknowledging the co-constitution of self, practice, and other, the alternative gives one the latitude to recognize and philosophize about relationships that tend to fall out of contemporary accounts of love and friendship as these are actually lived; produces descriptions and questions that are truer to lived experiences of friendship; and respects one of the most basic norms of friendship—that is, a friend’s irreducible particularity to oneself—without having to provide a self-defeatingly instrumentalist or reductionist argument for it. (shrink)

In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice (...) upon newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives. (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of (...) human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

There is increasing appreciation for the role that location plays in the experience of a musical event. This paper seeks to understand this role in terms of our habitual relationships to place, asking whether and how being musical somewhere can expand and transform our habituated comportment there, and with what consequences. This inquiry is anchored in a series of site-specific improvised performances by Jen Reimer and Max Stein, and the theory and practice of the late experimental music pioneer Pauline Oliveros. (...) The argument made interpreting these performances is grounded in Maurice Merleau-Ponty’s phenomenology of embodiment, and Alia Al-Saji’s reception of it. This paper claims that such site-specific improvised performances can elicit a sort of hesitation in our everyday style of sensory-motor conditioning, and, concomitantly, awaken a layer of sensory living amenable to radically new sonic and behavioural configurations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Think Least of Death: Spinoza on How to Live and How to Die by Steven NadlerJohn GreySteven Nadler. Think Least of Death: Spinoza on How to Live and How to Die. Princeton, NJ: Princeton University Press, 2020. Pp. x + 234. Hardback, $39.95.Think Least of Death is not just an interpretation of Spinoza, but a defense of his philosophy. Nadler develops Spinoza's arguments in ways that are intended (...) both to reflect Spinoza's views and to persuade us that the views in question are true. He uses success language throughout to describe Spinoza's ideas ("What Spinoza discovered, and what he wants us to know, is that..." [11]) and arguments ("Spinoza... has demonstrated, rigorously and a priori, that..." [188]). Nadler is not just a Spinoza scholar here; he also thinks that Spinoza basically got it right. It would be a mistake, then, to evaluate Think Least of Death solely on its interpretive merits as a reading of Spinoza's Ethics. It is more fruitful to look at the places where Nadler not only describes, but apparently endorses, Spinoza's views.Following Nadler, I will focus here on the practical philosophy. Briefly put, Spinoza takes the right way of living to consist in adherence to the dictates of reason, which prescribe "that everyone love himself, seek his own advantage... and 'absolutely, that everyone should strive to preserve his own being as far as he can'" (191). These general principles issue in more specific directives based on facts about human nature. For instance, since the nature of the human mind is such that it always benefits from further understanding, reason directs us to strive for further understanding. To the extent that a human being lives in accordance with such dictates of reason, they will feel joyful, be free, and act virtuously. Conversely, when they are driven by their passions rather than reason, they will often feel sorrow, lack autonomy, and do things that are harmful to themselves and others. This is the source of whatever motivating power these directives have: necessarily, following them conduces to our self-interest.A crucial point for Nadler is that these facts about human nature are the same for each human being. This implies that "there is in fact an objective, non-arbitrary determination of what constitutes a more perfect or ideal human being" (28), the ideal that Spinoza variously refers to as the model of human nature or the free man. On Nadler's reading, Spinoza's notion of the free man (which he treats as equivalent to the model of human nature) is not "some creature of the imagination or reflection of personal taste" (29), but a representation of "the ideal state toward which every individual [human] naturally and necessarily... strives" (29). [End Page 708]A signal contribution of the book is to show that the free person's life is a realizable goal rather than an unattainable ideal. The free person is determined to act by reason alone, yes—but this is compatible with him or her also having passions, so long as those passions do not determine his or her behavior. A free person might feel fear at the prospect of death or suffering, but that fear will not determine what he or she does. Instead, the free person's actions will be determined by the guidance of reason and the positive affects (joy, love, self-esteem, and the like).Since the life of the free person is in principle attainable, Nadler proposes that we take the free person's life as a model for how we ourselves should live. For instance, when Spinoza writes that "a free man always acts honestly" (E 4P72), the implication is that we ourselves should always act honestly. Now, there is an apparent inconsistency in this position, nicely articulated by Don Garrett ("'A Free Man Always Acts Honestly, Not Deceptively': Freedom and the Good in Spinoza's Ethics," in Nature and Necessity in Spinoza's Philosophy [New York: Oxford University Press, 2018], 441–61). The free man—living entirely according to the guidance of reason—always acts honestly. Yet reason also guides us to seek our own advantage, and sometimes the... (shrink)

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

Kosgaard claims that selves/agents self-constitute during actions by relying on principles such as Kant’s Categorical Imperative. This intellectualist approach neglects the body. Merleau-Ponty considers the “lived body” and its perceptual world as the source of the unity of action, an approach that I extrapolate to all biological organisms.

I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more semantic stability, however. (...) Temporal externalism is the theory that the content of an utterance at time t may be determined by developments in linguistic usage subsequent to t. If this semantic theory is correct, then the originalist and evolutionist positions effectively collapse. Originalism is correct in that the original meaning of the text is the meaning that is binding on jurists, but evolutionism is vindicated, as it is the current practices and standards that determine the meaning the text now has, and has always had. Objections to temporal externalism, and to its application to the interpretation of legal texts, are considered and addressed. (shrink)

What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...) from thought experiments and intuition. In this chapter, we supplement that traditional approach with a pair of experimental studies that examine whether the three theories reflect laypeople’s intuitions about well-being. The empirical studies yield two primary findings. First, they provide evidence for lay "well-being pluralism": laypeople treat desire satisfaction, positive objective conditions, and happiness as all constitutive of well-being. Second, the studies provide evidence of "hedonic dominance": laypeople evaluate an individual’s happiness as more important to an individual’s overall well-being than desire satisfaction or objective conditions. (shrink)

The suggestion that philosophers are responsible for global warming seems, on the face of it, absurd. However, that we might cause global warming has been known for over a century. If we had had in existence a more rigorous kind of academic inquiry devoted to promoting human welfare, giving priority to problems of living, humanity might have become aware of the dangers of global warming long ago, and might have taken steps to meet these dangers decades ago. That we (...) do not have academic inquiry of this type, giving priority to problems of living and able to warn humanity of the impending disaster of global warming, is the result of a philosophical mistake – a mistake about what constitutes rigorous intellectual inquiry. This is a mistake of philosophers. Thus philosophers, in failing to grasp the profound intellectual and humanitarian failings of academia as it is at present organized (the outcome of implementing a seriously defective philosophy of inquiry) can perhaps be said to be responsible for global warming. (shrink)

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for example, (...) the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

Concrete particular objects (e.g., living organisms) figure saliently in our everyday experience as well as our in our scientific theorizing about the world. A hylomorphic analysis of concrete particular objects holds that these entities are, in some sense, compounds of matter (hūlē) and form (morphē or eidos). The Grounding Problem asks why an object and its matter (e.g., a statue and the clay that constitutes it) can apparently differ with respect to certain of their properties (e.g., the clay’s ability (...) to survive being squashed, as compared to the statue’s inability to do so), even though they are otherwise so much alike. In this paper, I argue that a hylomorphic analysis of concrete particular objects, in conjunction with a non-modal conception of essence of the type encountered for example in the works of Aristotle and Kit Fine, has the resources to yield a solution to the Grounding Problem. (shrink)

Even though Husserl’s thinking has received a remarkable amount of attention over the last decades, the full extent of many of its central aspects still remains surprisingly unknown. It is in particular the development of genetic phenomenology that is at stake here, as it plunges ever deeper into “originary constitution” ferreting out the structural relations between inner time-consciousness, affectivity and intersubjectivity, while at the same time never giving up static phenomenology and a certain prioritizing of Cartesian subjectivity. In the (...) following I would like to point to a reading of Husserl’s philosophy of time and subjectivity that is based on material that was never examined by Derrida. A general problem for interpreting this theme is that Husserl never succeeded in presenting a systematic overview of a phenomenological “transcendental aesthetics”. As a consequence, the co-originality and mutual interdependence of the constitution of space and time, of originary spacing as flesh (Urleib) and originary temporization (Urzeitigung), which first enables a comprehensive grasp of the originary processes in the living streaming present, has remained virtually unknown. In order to reach these themes, the interaction between the radicalized and the universal reductions has to be outlined. (shrink)

Very plausibly, there is something important missing in our lives if we are thoroughly ignorant or misled about reality – even if, as in a kind of Truman Show scenario, intervention or fantastic luck prevents unhappiness and practical failure. But why? I argue that perfectionism about well-being offers the most promising explanation. My version says, roughly, that we flourish when we exercise our self-defining capacities successfully according to their constitutive standards. One of these self-defining capacities, or capacities whose exercise reveals (...) who we are, is Reason, our capacity for normative self-governance. I argue that in its practical use, Reason formally aims at competently realizing self-chosen valuable ends that are in harmony with each other, or valuable achievements. In its theoretical use, it formally aims at competently grasping fundamental enough subject matters, or a kind of understanding. Because success by reason’s own standards requires many things to go right, there are many different ways in which we can fall short. Some of them amount to partial success. But some, like incompetent inquiry that fails to yield understanding of its target, or taking inefficient means to a worthless end, are robust failures that amount to epistemic or agential unflourishing, and thus to a form of ill-being. (shrink)

Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things (...) over which we lacked such control (e.g., our desires, beliefs, and intentions). I argue that, despite this manifest diversity in our blaming practices, it’s possible to provide comprehensive account of blame. Indeed, I propose a set of necessary and sufficient conditions that aims to specify blame’s extension in terms of its constitution as opposed to its function. And I argue that this proposal has a number of advantages beyond accounting for blame in all its disparate forms. For one, it can account for the fact that one’s having had control over whether one was to φ is a necessary condition for one’s being fittingly blamed for having φ-ed. For another, it can account for why, unlike fitting shame, fitting blame is always deserved, which in turn explains why there is something morally problematic about ridding oneself of one’s fitting self-blame (e.g., one’s fitting guilt). (shrink)

This is the first book-length philosophical study of Husserl’s transcendental phenomenology and Freud’s theory of the unconscious. The book investigates the possibility for Husserl’s transcendental phenomenology to clarify Freud’s concept of the unconscious with a focus on the theory of repression as its centre. Repression is the unconscious activity of pushing something away from consciousness, while making sure that it remains active as something foreign within us. How this is possible is the main problem addressed in the work. Unlike previous (...) literature (including Ricœur, Merleau-Ponty and Derrida) this book makes full use of the resources of genetic phenomenology and passivity in the attempt to clarify the Freudian unconscious. The central argument developed is that the structure of the lebendige Gegenwart as the core of Husserl’s theory of passivity consists of preliminary forms of bodily kinaesthesia, feelings and drives in a constantly ongoing process where repression occurs as a necessary part of all constitution. The clarification of Freudian repression thus takes place by showing how it presupposes a broad conception of consciousness such as that presented by Husserl’s genetic phenomenology. By arguing that “repression” is central to any philosophical account of subjectivity, this book takes on the most distinct challenge to philosophy posed by Freud. (shrink)

What kind of thing, as it were, is power and how does it fit into our understanding of the social world? I approach this question by exploring the pragmatic character of power ascriptions, arguing that they involve fictional expectations directed at an open future. When we take an agent to be powerful, we act as if that agent had a robust capacity to make a difference to the actions of others. While this pretense can never fully live up to a (...) social reality whose future is open, acting on such expectations helps constitute social order. Fictional expectations are thus built into the material practices that constitute power. This account, I argue, helps us make sense of some of the deep disagreements about the nature of power. I develop the account by drawing on Thomas Hobbes’s myth of an original institution of sovereign power before expanding it to other forms of power. (shrink)

It has recently been suggested that Merleau-Ponty’s position in Phenomenology of Perception is a unique form of transcendental idealism. The general claim is that in spite of his critique of “Kantianism,” Merleau-Ponty’s position comes out as a form of transcendental idealism that takes the perceptual processes of the lived body as the transcendental constituting condition for the possibility of experience. In this article I critically appraise this claim. I argue that if the term “idealist” is intended in a sufficiently similar (...) sense to Kant’s usage of the term in naming his position as a “transcendental idealism” then it is a misrepresentation to subsume Merleau-Ponty’s position under that term. This is because Merleau-Ponty rejects the transcendental metaphysics of the reflecting subject that underpins transcendental idealism. In its place he advocates a methodological transcendentalism that, whilst being anti-realist, is not idealist. Thus to call his position “a new kind of transcendental idealism,” as Sebastian Gardner has, is to misunderstand the significance of his existentialist break with what he sees as the “intellectualism” of this position. (shrink)

There is an ongoing debate in animalethics on the meaning and scope of animalwelfare. In certain broader views, leading anatural life through the development of naturalcapabilities is also headed under the conceptof animal welfare. I argue that a concern forthe development of natural capabilities of ananimal such as expressed when living freelyshould be distinguished from the preservationof the naturalness of its behavior andappearance. However, it is not always clearwhere a plea for natural living changes overinto a plea for (...) the preservation of theirnaturalness or wildness. In the first part ofthis article, I examine to what extent theconcerns for natural living meet ``theexperience requirement.'' I conclude that someof these concerns go beyond welfare. In thesecond part of the article. I ask whether wehave moral reasons to respect concernsfor the naturalness of an animal's living thattranscend its welfare. I argue that the moralrelevance of such considerations can be graspedwhen we see animals as entities bearingnon-moral intrinsic values. In my view the``natural'' appearance and behavior of an animalmay embody intrinsic values. Caring for ananimal's naturalness should then be understoodas caring for such intrinsic values. Intrinsicvalues provide moral reasons for action iffthey are seen as constitutive of the good lifefor humans. I conclude by reinterpreting,within the framework of a perfectionist ethicaltheory, the notion of indirect dutiesregarding animals, which go beyond andsupplement the direct duties towardsanimals. (shrink)

In the midst of rapid transformation and interstate competition within the global village, the effectiveness and prestige of national government should be any priority to measure a good order of constitutional democracy, especially for the nations to be called on service provision and public welfare. The times of ideology and philosophy had waned while the diverse civilizations clash, in which the technological advance and socio-economic environment inflict a tremendous change for the private and public mode of our contemporary livings. In (...) fact, the increasing diversity and volatility of community has brought the crisis and challenge against the constitutional tradition. In this backdrop, the paper examines the relationship of those two values embedded on the states of modern constitutionalism - limited toward the modern administrative state through this new millenium. The law or right and democracy as a political ideals is not futile merely with tweaks, but foundational or inseparably entwined into the value system of modern minds. We can be clear if to imagine of the times for the divinity of monarchy or feudal piety. The civil revolution for modern constitutionalism created a new order of society and nations began or manage to practice their national politics and administration on its basis. The recent tumultus in South Korea, stretching from the candlelight vigil through theimpeachment and incrimination of lady president, actually imprinted a deep wake for the politics of Koreans. In this line of thought alignment, the concept of democratic experimentalism engrafted with the rule of constitution was revisited that could give a lesson as a sedative meliorism for the radicalism or mob politics. Additionally, I presented some of brief evaluation about the Korean ways by gathering my thoughts on the candlelight vigil. Despite both of strengths and weaknesses on the theory of democratic experimentalism, I cordially suggest that it could work as a model to meet the increasing need of national competitiveness, participation, information sharing and learning as well as the protection of civil rights embedded on the constitutional tradition. (shrink)

The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical about Big Data research seriously and how to communicate messages designed to build trust in specific big data projects and the institution of science in general. This chapter explores the implications of various examples of engaging the public in online activities such as Wikipedia that contrast with “Notice and (...) Consent” forms and offers models for scientists to consider when approaching their potential subjects in research. Drawing from Lessig, Code and Other Laws of Cyberspace, the chapter suggests that four main regulators drive the shape of online activity: Code (or Architecture), Laws, Markets, and Norms. Specifically, scientists should adopt best practices in protecting computerized Big Data (Code), remain completely transparent about their data management practices (Law), make smart choices when deploying digital solutions that place a premium on information protection (Market), and, critically, portray themselves to the public as seriously concerned with protecting the privacy of persons and security of data (Norms). The community of Big Data users and collectors should remember that such data are not just “out there” somewhere but are the intimate details of the lives of real persons who have just as deep an interest in protecting their privacy as they do in the good work that is conducted with such data. (shrink)

This collection of essays explores the metaphysical thesis that the living world is not made up of substantial particles or things, as has often been assumed, but is rather constituted by processes. The biological domain is organised as an interdependent hierarchy of processes, which are stabilised and actively maintained at different timescales. Even entities that intuitively appear to be paradigms of things, such as organisms, are actually better understood as processes. Unlike previous attempts to articulate processual views of biology, (...) which have tended to use Alfred North Whitehead’s panpsychist metaphysics as a foundation, this book takes a naturalistic approach to metaphysics. It submits that the main motivations for replacing an ontology of substances with one of processes are to be found in the empirical findings of science. Biology provides compelling reasons for thinking that the living realm is fundamentally dynamic, and that the existence of things is always conditional on the existence of processes. The phenomenon of life cries out for theories that prioritise processes over things, and it suggests that the central explanandum of biology is not change but rather stability, or more precisely, stability attained through constant change. This edited volume brings together philosophers of science and metaphysicians interested in exploring the consequences of a processual philosophy of biology. The contributors draw on an extremely wide range of biological case studies, and employ a process perspective to cast new light on a number of traditional philosophical problems, such as identity, persistence, and individuality. (shrink)

What constitutes a good life? A hedonist’s answer to this question is rather simple— more pleasure, less pain. While hedonism was previously a widely accepted belief, it now suffers from several crucial objections. A challenge particularly vexing to hedonists is the Philosophy of Swine: could it be possible that our lives may be less than that of a theoretical swine? In this essay, I argue that lifetime hedonism, the view of hedonism concerned with one’s total lifelong well-being, does not survive (...) this objection. In particular, I will refute the counterarguments that modern-day hedonist, Ben Bramble, presents against the Philosophy of Swine objection. -/- . (shrink)

Feminist socially constitutive conceptions of autonomy make the presence of idealized social conditions necessary for autonomy. I argue that such conceptions cannot, when applied under nonideal conditions, play two key feminist theoretical roles for autonomy: the roles of anti-oppressive character ideal and paternalism-limiting concept. Instead, they prescribe action that reinforces oppression. Treated as character ideals, socially constitutive conceptions of autonomy ask agents living under nonideal ones to engage in self-harm or self-subordination. Moreover, conceptions of autonomy that make idealized social (...) conditions a requirement of autonomy yield the conclusion that oppressed agents are appropriate objects of paternalism. (shrink)

El materialismo de la Edad Moderna nos describe al hombre como una máquina, comparable a un complejo artilugio mecánico. Cabe entonces imaginar que una máquina no-biológica pueda constituir un ser pensante como lo son los seres humanos, e incluso cabría pensar en la posibilidad de codificación de una mente humana real para su posterior trasvase a un sustrato artificial. Considero que estas últimas posiciones son más propias de la cultura friki o de amantes de la ciencia ficción que de una (...) cultura humanista seria. En cualquier caso, una cosa parece clara: la simulación por ordenador de cualquier tipo de materia no es la materia misma. Una simulación por ordenador de una estrella no emite luz ni calor, y del mismo modo tampoco ofrece calor humano (en términos materiales) ni voluntad de vivir una máquina que hipotéticamente pueda contener toda la información sobre el ser humano y simular sus respuestas. -/- English translation: The materialism of the Modern Age describes human beings as machines, comparable to complex mechanical devices. It is then possible to imagine that a non-biological machine can constitute a thinking being as humans are, and one could even think of the possibility of coding a real human mind for its subsequent transfer to an artificial substrate. I think that these latter positions are more typical of the geek culture or of science fiction lovers than of a serious humanist culture. In any case, one thing seems clear: the computer simulation of any type of matter is not the matter itself. A computer simulation of a star does not emit light or heat, and likewise a machine that hypothetically can contain all the information about a human being and simulate his/her responses offers neither human heat (in material terms) nor will to live. (shrink)

The social categories to which we belong—Latino, disabled, American, woman— causally influence our lives in deep and unavoidable ways. One might be pulled over by police because one is Latino, or one might receive a COVID vaccine sooner because one is American. Membership in these social categories most often falls outside of our control. This paper argues that membership in social categories constitutes a restriction on human agency, creating a situation of non-ideal agency for many human individuals. -/- However, there (...) are ways to resist the causal influence of social categories, and certain socially marginalized groups can be understood as attempting to do just this. I discuss two instances of social category resistance: gender pronouns and the rights of trans individuals. I suggest that the intentional declaration of gender pronouns (“she/her” or “they/them”) can be understood as an attempt to resist the causal powers of nonconsensual social categorization. Similarly, one among many reasons to support the rights of trans individuals is that their self-declarations of gender identity can be viewed as a reclamation of agency in the face of causal constraints imposed by socially defined and imposed gender categories. This lesson can be generalized to people belonging to a broad range of marginalized groups. (shrink)