This article considers whether and how there can be for Aristotle a genuine science of ‘pure’ psychology, of the soul as such, which amounts to considering whether Aristotle’s model of science in the Posterior Analytics is applicable to the de Anima.

Abstract: “Paley before Hume: How Not to Teach the Design Argument” Most philosophy of religion classes discuss the classic design argument for the existence of God, and many of these treat Paley’s Natural Theology (1802) before Hume’s Dialogues Concerning Natural Religion (1779). Following the syllabus of several leading anthologies, I did this for many years, but I now think that is a mistake, because it creates the impression that Hume was responding to Paley. Not only is it obvious on chronological (...) grounds that Hume could not have been responding to Paley; it is just as obvious on textual grounds that the reverse was true: Paley was in fact responding to Hume, and, e.g., carefully crafted a non-analogical version of the argument so as to avoid Hume’s famous criticisms of analogical arguments. (shrink)

While it is philosophically contested whether nonlinguistic animals can have conceptual capabilities, it is also philosophically contested whether one can even empirically test for such capabilities. I draw from Sellars’ work on psychological nominalism to develop an empirically tractable means of distinguishing between tasks that require conceptual capabilities and those that do not. Tasks that require conceptual capabilities are those that require awareness of abstract relations, whereas tasks that can be solved merely through Sellarsian picturing do not. I argue that (...) relational matching-to-sample tasks cannot be solved through picturing and therefore require awareness of the abstract relations of same and different. Crows and amazons have both been able to succeed at relational matching-to-sample tasks; therefore, there are at least some nonlinguistic animals that have conceptual capabilities. Finally, I consider the objection that one cannot attribute conceptual capabilities without also attributing knowledge, and Sellarsian conditions for knowledge are beyond the capabilities of any nonlinguistic animal. In response, I argue that Sellarsian conditions for knowledge only require an implicit grasp of the is/looks distinction and empirical work with chimpanzees on their understanding of the appearance/reality distinction demonstrates that they can meet this standard. Therefore, language is not necessary for meeting Sellarsian conditions for knowledge. (shrink)

Considerable recent research in neurosciences has dealt with the topic of consciousness, even though there is still disagreement about how to identify and classify conscious states. Recent behavioral work on the topic also exists. We survey recent behavioral and neuroscientific literature with the aims of commenting on strengths and weaknesses of the literature and mapping new directions and recommendations for experimental psychologists. We reconcile this literature with a view of human information processing (Cowan, 1988; Cowan et al., 2024) in which (...) a capacity-limited focus of attention is embedded within the activated portion of long-term memory, with dual bottom-up and top-down control of the focus of attention. None of the many extant theories fully captures what we propose as the organization of conscious thought at cognitive and neural levels. It seems clear that information from various cognitive functions, based on signals from various brain areas, is integrated into a conscious whole. In our new proposal, the integration involves funneling information to a hub or focus of attention neurally centered in the parietal lobes and functionally connected to areas representing the currently attended information. This funneling process (bringing information from diverse sensory and frontal sources to contact a small parietal area where attended information is coordinated and combined) may be the converse of global broadcasting, from other proposals (Baars et al., 2021; Baars & Franklin, 2003; Dehaene & Changeux, 2011). The proposed system incorporates many principles from previous research and theorization and strives toward a resolution of the relation between consciousness and attention. Keywords: consciousness, attention, embedded processes model, experimental psychology, neuroscience. (shrink)

PDF with introduction and front and back materials. Abstract: A provocative examination of the consequences of Levinas’s and Adorno’s thought for contemporary ethics and political philosophy. This book unfolds a dialogue between Emmanuel Levinas and Theodor W. Adorno, using their thought to address contemporary environmental and social-political situations. Eric S. Nelson explores the “non-identity thinking” of Adorno and the “ethics of the Other” of Levinas with regard to three areas of concern: the ethical position of nature and “inhuman” material (...) others such as environments and animals; the bonds and tensions between ethics and religion and the formation of the self through the dynamic of violence and liberation expressed in religious discourses; and the problematic uses and limitations of liberal and republican discourses of equality, liberty, tolerance, and their presupposition of the private individual self and autonomous subject. Thinking with and beyond Levinas and Adorno, this work examines the possibility of an anarchic hospitality and solidarity between material others and sensuous embodied life. -/- “This is an extremely impressive, original, and thorough treatment of two key twentieth-century thinkers and their applicability to the most pressing social and political issues of our time.” — Jeffrey A. Bernstein, author of Leo Strauss on the Borders of Judaism, Philosophy, and History -/- “This book is an excellent and timely contribution to political and environmental philosophy, located around a nuanced historical and philosophical approach to Levinas and Adorno. It will be of great interest to anyone concerned with these figures or with the current moment.” — Martin Shuster, author of Autonomy after Auschwitz: Adorno, German Idealism, and Modernity. (shrink)

Derogatory terms (racist, sexist, ethnic, and homophobic epithets) are bully words with ontological force: they serve to establish and maintain a corrupt social system fuelled by distinctions designed to justify relations of dominance and subordination. No wonder they have occasioned public outcry and legal response. The inferential role analysis developed here helps move us away from thinking of the harms as being located in connotation (representing mere speaker bias) or denotation (holding that the terms fail to refer due to inaccurate (...) descriptive content). The issue is not bad attitudes or referential misfires. An inferential role semantic analysis of derogatory terms shows exactly what is at stake between those who argue that the terms should be eliminated (Absolutists) and those who claim they can be successfully rehabilitated (Reclaimers). The Reclaimer maintains, and the Absolutist denies, that certain contexts can detach the derogatory force from deeply derogatory terms. The article looks at these claims with respect to ‘nigger’ and ‘dyke,’ setting out the inferential role of each term and examining detachability potential. Explaining detachability in terms of linguistic commitments, this article also addresses the issue of whether such terms count as political discourse, and examines the implications of that issue. (shrink)

Russell Barkely describes ADHD as a disorder of one’s ability to self-regulate, i.e., to engage in internal self-directed actions. This raises a problem when considering the phenomenon of masking, in which a neurodivergent individual puts up a front to fit in situations with neurotypical norms. If masking is a form of self-regulation, and if ADHD is a disorder of self-regulation, then how can people with ADHD mask at all? I will argue that this problem prompts us to understand ADHD as (...) a disorder of a specific type of self-regulation, quasi-transcendent self-regulation, and that the German anarchist Max Stirner provides us with a new concept of immanent self-regulation that can account for ADHD masking. First, I perform a phenomenological analysis of my own experiences masking my ADHD in order to uncover the internal logic of immanent masking. I identify that this logic originates from an internalization of consistent social exclusion due to the social disruptiveness of one’s ADHD symptoms. Such an internalization constitutes one’s self as devalued in relation to the other, which allows this other to transcend them. Then, I argue that the progression of a logic of domination in Stirner’s psychological and historical accounts of two major ideological shifts—first, from Catholicism to Protestantism, and, second, from Socialism to Humanism—provides us with theoretical accounts of quasi-transcendent and immanent masking respectively. I conclude by proposing a possible solution to immanent masking. Using Stirner’s ethical notion of the insurrection, I propose my own notion of the micro-insurrection, and discuss the implementation of it in my life through the employment of subversive humor. I describe how this humor can destabilize the social expectations of a given context by strategically adopting the positions rendered absurd and impossible by the dominant ideology in order to locally undermine it. Micro-insurrections thus render the power relations of a space ambiguous so as to allow for free movement and free expression. (shrink)

What did Heidegger learn and fail to learn from Laozi and Zhuangzi? This book reconstructs Heidegger's philosophy through its engagement with Daoist and Asian philosophy and offers a Daoist transformation of Heidegger on things, nothingness, and freedom. PDF includes the introduction, bibliography, and index.

This essay takes a first step in comparative ethics by looking to Aristotle and the Aztec's conceptions of the good life. It argues that the Aztec conception of a rooted life, neltiliztli, functions for ethical purposes in a way that is like Aristotle's eudaimonia. To develop this claim, it not only shows just in what their conceptions of the good consist, but also in what way the Aztecs conceived of the virtues (in qualli, in yectli).

A curious feature of Aztec philosophy is that the basic metaphysical question of the “Western” tradition cannot be formulated in their language, in Nahuatl. This did not, however, prevent the Aztecs from developing an account of 'reality', or whatever it is that might exist. The article is the first of its kind to compare the work of Aristotle on ousia (being) and the Aztecs on teotl and ometeotl. Through this analysis, it suggests that both of the Nahuatl terms are fundamental (...) for expressing the basic character of reality as process for the Aztecs. It also defends their notion as prima facia reasonable, despite its wide divergence from Aristotle's view. (shrink)

Psychiatry has witnessed a new wave of approaches to clinical phenotyping and the study of psychopathology, including the National Institute of Mental Health’s Research Domain Criteria, clinical staging, network approaches, the Hierarchical Taxonomy of Psychopathology, and the general psychopathology factor, as well as a revival of interest in phenomenological psychopathology. The question naturally emerges as to what the relationship between these new approaches is – are they mutually exclusive, competing approaches, or can they be integrated in some way and used (...) to enrich each other? In this opinion piece, we propose a possible integration between clinical staging and phenomenological psychopathology. Domains identified in phenomenological psychopathology, such as selfhood, embodiment, affectivity, etc., can be overlaid on clinical stages in order to enrich and deepen the phenotypes captured in clinical staging (‘high resolution’ clinical phenotypes). This approach may be useful both ideographically and nomothetically, in that it could complement diagnosis, enrich clinical formulation, and inform treatment of individual patients, as well as help guide aetiological, prediction, and treatment research. The overlaying of phenomenological domains on clinical stages may require that these domains are reformulated in dimensional rather than categorial terms. This integrative project requires assessment tools, some of which are already available, that are sensitive and thorough enough to pick up on the range of relevant psychopathology. The proposed approach offers opportunities for mutual enrichment: clinical staging may be enriched by introducing greater depth to phenotypes; phenomenological psychopathology may be enriched by introducing stages of severity and disorder progression to phenomenological analysis. (shrink)

This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because denying (...) it is absurd; the second is that modest skeptics ought to agree with it on the basis of some relatively anodyne and plausible epistemic considerations. (shrink)

Daoism and Environmental Philosophy explores ethics and the philosophy of nature in the Daodejing, the Zhuangzi, and related texts to elucidate their potential significance in our contemporary environmental crisis. This book traces early Daoist depictions of practices of embodied emptying and forgetting and communicative strategies of undoing the fixations of words, things, and the embodied self. These are aspects of an ethics of embracing plainness and simplicity, nourishing the asymmetrically differentiated yet shared elemental body of life of the myriad things, (...) and being responsively attuned in encountering and responding to things. These critical and transformative dimensions of early Daoism provide exemplary models and insights for cultivating a more expansive ecological ethos, environmental culture of nature, and progressive political ecology. This work will be of interest to students and scholars interested in philosophy, environmental ethics and philosophy, religious studies, and intellectual history. (shrink)

While there has been significant philosophical debate on whether nonlinguistic animals can possess conceptual capabilities, less time has been devoted to considering 'talking' animals, such as parrots. When they are discussed, their capabilities are often downplayed as mere mimicry. The most explicit philosophical example of this can be seen in Brandom's frequent comparisons of parrots and thermostats. Brandom argues that because parrots (like thermostats) cannot grasp the implicit inferential connections between concepts, their vocal articulations do not actually have any conceptual (...) content. In contrast, I argue that Pepperberg's work with Alex (and other African grey parrots) provides evidence that the vocal articulations of at least some parrots have conceptual content. Using Frege's insight that numbers assert something about a concept, I argue that Alex's ability to answer the question "How many?" depended upon a prior grasp of conceptual content. Developing this claim, I argue that Alex's arithmetical abilities show that he was capable of using numbers as both concepts and objects. Frege's theoretical insight and Pepperberg's empirical work provide reason to reconsider the capabilities of parrots, as well as what sorts of tasks provide evidence for conceptual content. (shrink)

Feminists have urged women to take semantic authority. This article explains what such authority is, how it depends upon community recognition, and how it differs from privilege and from authority as usually conceived under patriarchy. Understanding its natures and limits is an important part of attaining it. Understanding the role of community explains why separatism is the logical conclusion of this project, and why separatism is valuable even to those who do not separate.

I shall argue that you can substantially refute the most persuasive variety of solipsism by taking its most plausible version seriously, and then showing that it is not rational to hold, once one understands the nature of actualist metaphysical commitments.1 In the first section, I argue that the only viable form of solipsism involves de dicto self-reference. In the second, I argue that this position involves a claim of contingent identity, for which some actual worlds are those where solipsism is (...) not the case. The argument turns on a conception of metaphysics that involves the study of the universal features of actually possible worlds (i.e., realistic necessity). _*Draft. Acknowledgements welcome, but please do not cite.*_. (shrink)

In paradigmatic Confucian (Ruist) discourses, emotion (qing) has been depicted as co-arising with human nature (xing) and an irreducible constitutive source of human practices and their interpretation. The affects are concurrently naturally arising and alterable through how individuals react and respond to them and how they are or are not cultivated. That is, emotions are relationally mediated realities given in and transformed through how they are felt, understood, interpreted, and acted upon. Confucian discourses have elucidated the ethical character of the (...) emotions and sought to understand and cultivate emotional life as a hermeneutical and ethical task in establishing expectable patterns of human flourishing that orient virtues, roles, and relations. In this chapter, I explore the extent to which classical Ruist and Neo-Confucian discourses offer hermeneutical models for interpreting the complex interconnections between moral psychology and their mediations in the ethical life world. By examining a range of Confucian sources, the author argues that Confucian “moral psychologies” clarify affective dimensions of human existence within the interpersonal nexus of ethical life and indicate ways of cultivating affective awareness for relationally understanding and interpreting others, one’s world, and oneself. (shrink)

In this paper, I outline a theory of social kinds. A general theory of social kinds has to set out at least three conditions: existence conditions, persistence conditions, and identity conditions. For the sake of expediency, I focus on the existence and persistence conditions. The paper is organized just as life: first with existence, then persistence. I argue that anti-realism is more attractive than realism as an account of the existence conditions, despite the fact that realism has been under-appreciated. Then (...) I argue for a particular theory of the persistence conditions, which I call the basic overlapping traits theory (BOTT), based on an analogy to an approach to personal identity. The upshot of the argument is that from an anti-realist metaphysics we have the capacity to discuss a wider diversity of social phenomena. (shrink)

Early Daoism, as articulated in the Daodejing and the Zhuangzi, indirectly addresses environmental issues by intimating a non-reductive naturalistic ethics calling on humans to be open and responsive to the specificities and interconnections of the world and environment to which they belong. "Dao" is not a substantial immanent or transcendent entity but the lived enactment of the intrinsic worth of the "myriad things" and the natural world occurring through how humans address and are addressed by them. Early Daoism potentially corrects (...) both anthropocentrism and biocentrism in environmental ethics by disclosing the things themselves in the context of the selfcultivation of life. Given increasing environmental devastation and the dominance of views, practices, and institutions reducing nature to a background and/or raw material for human activity, this "ethics of encounter" discloses the life of things as inexhaustibly more than human projects and constructs, extending ethical recognition and responsibility beyond social relations and the social self. (shrink)

The very idea of promulgation has been given little to no treatment in the philosophy of law. In this exploratory essay, I introduce three possible theories of promulgation: the ‘no-theory theory’ (which treats promulgation as a matter of particular contexts), the ‘conveyance theory’ (which treats promulgation as a function of intellectual good faith interpreters), and ‘agonistic theory’ (which treats promulgation as indistinguishable from propaganda). I suggest that (at least) three kinds of models are consistent with the theories, and can potentially (...) help us understand when law is successfully promulgated in particular legal contexts: the spread model, the chain model, and the memetic model. I end the paper by comparing the two theories with respect to a case study. Throughout I will show that the conveyance and agonistic theories have a serious advantage over the no-theory theory, in that they allow us to comparatively examine the epistemic weaknesses of diverse theories about the grounding of law on the basis of their contents. (shrink)

Resident microbiota do not just shape host immunity, they can also contribute to host protection against pathogens and infectious diseases. Previous reviews of the protective roles of the microbiota have focused exclusively on colonization resistance localized within a microenvironment. This review shows that the protection against pathogens also involves the mitigation of pathogenic impact without eliminating the pathogens (i.e., “disease tolerance”) and the containment of microorganisms to prevent pathogenic spread. Protective microorganisms can have an impact beyond their niche, interfering with (...) the entry, establishment, growth, and spread of pathogenic microorganisms. More fundamentally, we propose a series of conceptual clarifications in support of the idea of a “co-immunity,” where an organism is protected by both its own immune system and components of its microbiota. -/- . (shrink)

PDF includes the introduction. Abstract: In this wide-ranging and authoritative volume, leading scholars engage with the philosophy and writings of Wilhelm Dilthey, a key figure in nineteenth-century thought. Their chapters cover his innovative philosophical strategies and explore how they can be understood in relation to their historical situation, as well as presenting incisive interpretations of Dilthey's arguments, including their development, their content, and their influence on later thought. A key focus is on how Dilthey's work remains relevant to current debates (...) around art and literature, the biographical and autobiographical self, knowledge, language, science, culture, history, society, and psychology and the embodied mind. The volume will be important for researchers in hermeneutics, aesthetics, practical philosophy, and the history of German philosophy, providing a valuable introduction to Dilthey's work as well as detailed critical analysis of its ongoing significance. (shrink)

This paper excavates the practice-oriented background and therapeutic significance of emptiness in the Madhyamaka philosophy attributed to Nāgārjuna and Sengzhao. Buddhist emptiness unravels experiential and linguistic reification through meditation and argumentation. The historical contexts and uses of the word indicate that it is primarily a practical diagnostic and therapeutic concept. Emptiness does not lead to further views or truths but, akin to yet distinct from Ajñāna and Pyrrhonian skepticism, the suspension of assertion. This sense of emptiness as a practice can (...) be traced in the intercultural transmission of Madhyamaka from Nāgārjuna, its paradigmatic philosopher, to Sengzhao 僧肇, its first pivotal indigenous Chinese representative. (shrink)

Brentano's philosophy of art, contained primarily in his book, Grundzuge der Ästhetik, is the result of an original theory of intrinsic value that was derived from Brentano's philosophical psychology. In his aesthetics, Brentano endeavored to find an objective ground for the value of aesthetic contemplation through his theory of the intentional objects of emotions and desires. The lack of attention Brentano's aesthetics has received is surprising, given that two of the many students Brentano influenced, Husserl (through the development of the (...) phenomenological movement) and Ehrenfels (through the development of Gestalt psychology) have had an extraordinary influence on twentieth century perceptions of art. In this paper I will attempt to redress some of this neglect by outlining Brentano's analysis of aesthetic intentions and the relationship his aesthetics bears to his overall philosophical system. (shrink)

Making sense of MacKinnon’s claim that pornography silences women requires attention to the discursive and interpretive frameworks that pornography establishes and promotes. Treating pornography as a form of hate speech is promising, but also limited. A close examination of a legal case, in which pornographic images were used to sexually harass, focuses on the hate speech analogy while illustrating the broad and lasting impact of such depictions when targeted at an individual. Applying the distinction between Absolutist and Reclaimer approaches to (...) hate speech and derogatory terms, the article concludes with a discussion of the possibility of creative development of discursive practices within a context that undermines the semantic authority of members of certain groups. (shrink)

One critique of the early Daoist texts associated with Laozi and Zhuangzi is that they neglect the human and lack a proper sense of ethical personhood in maintaining the primacy of an impersonal dehumanizing “way.” This article offers a reconsideration of the appropriateness of such negative evaluations by exploring whether and to what extent the ethical sensibility unfolded in the Zhuangzi is aporetic, naturalistic, and/or religious. As an ethos of cultivating life and free and easy wandering by performatively enacting openness (...) and responsiveness to things in an immanent this-worldly context, the Zhuangzi is oriented toward the relational attunement of disposition and practice rather than toward metaphysics or religion in a transcendent sense. It consequently suggests an immanent anarchic ethics without principles while neither forgetting nor reifying the sacred and the mundane in its playful illumination of the biospiritual dynamics of cultivating life. (shrink)

This chapter examines: (1) the Black Notebooks in the context of Heidegger's political engagement on behalf of the National Socialist regime and his ambivalence toward some but not all of its political beliefs and tactics; (2) his limited "critique" of vulgar National Socialism and its biologically based racism for the sake of his own ethnocentric vision of the historical uniqueness of the German people and Germany's central role in Europe as a contested site situated between West and East, technological modernity (...) and the Asiatic. Heidegger did not break with radical right-wing Germanist thought, as some scholars have argued. He at most placed National Socialism within his narrative of the history of being, metaphysics, and technology, and thereby relativized it without addressing either its uniqueness or its totalitarian structures and practices. Heidegger formulated his own metaphysical and ontological version of Antisemitism during the National Socialist period. This vision was deeply connected with his understanding of the "history of being" and was intensified during and immediately after the Second World War. Heidegger could perceive no difference between the Shoah and the Allied bombing, defeat, and occupation of Germany. Heidegger's post-war philosophy (of home, history and technology) is deeply shaped by, and remained complicit with, his thinking during this period. (shrink)

This contribution unfolds an existential-ontological response to the question of sexual difference in the context of Heidegger’s formally indicative concept of “Dasein.” The question of Dasein’s “neutrality” concerns how formal indication formalizes, empties, and neutralizes the givenness of factical human existence. Ostensibly “given” biological and anthropological facts, such as sexual difference, are interpreted from an emptied and neutralized perspective that appears abstract and fictional to Heidegger’s critics. How, then, is the “neutrality” of formalizing emptying related to the “facticity” of in (...) each case factically existing as a sexual and gendered being? The answer lies in Heidegger’s elucidation of the existential-ontological structure of Dasein: Dasein is always relationally instituted in its factical entangled life through “being-with.” The sexual difference of human existence is not merely biologically or anthropologically given, but disclosed and enacted according to one’s relations with others, the environment, and oneself. The formally indicating concept “Dasein” indicates, accordingly, the concrete diversity and plurality of individuated sexual and gendered ways of being. (shrink)

One of the deepest assumptions of Judaism and its offspring, Christianity, is that there is an important difference between human persons and everything else that exists in Creation. We alone are made in God’s image. We alone are the stewards of the earth. It is said in Genesis that we have “dominion over the fish of the sea, and over the birds of the air, and over the cattle, and over all the earth, and over every creeping thing that creeps (...) upon the earth.” It is difficult to see how a traditional theist could deny the significance of the difference between human persons and the rest of Creation. We human persons are morally and ontologically special. (shrink)

There at least three ways of thinking about rationality: instrumental, substantive, and intentional. By far, the instrumental account is most influential. This essay proposes that intentional rationality can provide substantive accounts with room to breathe, and in a way that is facially distinct from instrumental accounts. I suggest that the intentionality of a judgment is made up of what it is about and the orientation through which it is judged, while irrationality is the subversion of a strict supporting connection between (...) the judgment and its corresponding set of coordinated attitudes (reasons). It follows that irrational intentionality is made up of episodic states where a judgment is subverted because of a misalignment between what it is about and the way the judge is oriented towards its contents. Four examples of irrational intentionality are considered: passivity towards ends, constitutive ignorance towards facts, delirious paranoia towards objects, and a disjunctive orientation towards categorizations. (shrink)

Derogatory terms (racist, sexist, ethnic epithets) have long played various roles and achieved diverse ends in works of art. Focusing on basic aspects of an aesthetic object or work, this article examines the interpretive relation between point of view and content, asking how aesthetic contextualization shapes the impact of such terms. Can context, particularly aesthetic contexts, detach the derogatory force from powerful epithets and racist and sexist images? What would it be about aesthetic contexts that would make this possible? The (...) article puts into aesthetic contexts both Absolutist and Reclaimer views about the power of derogatory terms, applying an inferential role semantics, developed for language, to both words and images. The Reclaimer’s position, that derogation is a matter of pragmatics, of use, emphasizes the context-sensitivity of the term, that is matters who says it, to whom, when, where, and why. Understanding derogatory terms used as hate speech helps to make this position clear. The Absolutist’s position, that no contextual variations can detach the derogation from these deeply derogatory terms, is developed here through attention to subordinating images in pornography. The article argues that art may be able to achieve the deviant interpretations that the Reclaimer needs to undermine the derogations while maintaining sensitivity and awareness of the history of oppression. (shrink)

I argue that a Kantian inspired investigation into animal morality is both a plausible and coherent research program. To show that such an investigation is possible, I argue that philosophers, such as Korsgaard, who argue that reason demarcates nonhuman animals from the domain of moral beings are equivocating in their use of the term ‘rationality’. Kant certainly regards rationality as necessary for moral responsibility from a practical standpoint, but his distinction between the noumenal and phenomenal means that he can only (...) establish it as a marker for morality from a theoretical standpoint. This means that when it comes to evaluating the moral capabilities of others, rationality can be neither necessary nor sufficient for morality, leaving open the possibility of other empirical markers for moral responsibility. I argue that the higher faculties, character, implicit knowledge of universality, and antecedent practical pleasures (which provide a way to distinguish between morally motivated behaviour and other types of socially motivated behaviour) can all serve as empirical markers for morality. There is empirical evidence that at least some animals have conceptual capabilities and therefore the empirical marker of the higher faculties. In addition, there is suggestive evidence that merits further investigation for the other three markers. While this will not provide a definitive answer on whether animals are capable of acting morally, it will provide a Kantian outlook that can be used to evaluate empirical and philosophical work on animal morality. (shrink)

In this paper I argue that textualism is far less attractive as a theory of written law than some of its modern proponents think. For it is not usually sensible to expect the grammatical meaning of a provision to determine its appropriate legal meaning. Factors that are unrelated to grammar in the identification of law (e.g., legal theory, context) do too much of the work. **Draft -- acknowledgments welcome, but please do not cite.**.

Recent empirical work on the concept of intentionality suggests that people’s assessments of whether an action is intentional are subject to uncertainty. Some researchers have gone so far as to claim that different people employ different concepts of intentional action. These possibilities have motivated a good deal of work in the relatively new field of experimental philosophy. The findings from this empirical research may prove to be relevant to medical ethics. In this article, we address this issue head on. We (...) first describe a study we conducted on intention ascription. Drawing on recent work in experimental philosophy, we investigated the possibility that the ascription of intentions to clinical actors in clinical settings is influenced by prior judgments about the goodness or badness of the consequences of the action in question. Our study was modeled on experimental studies in other contexts that have shown that people, when presented with a range of scenarios, are more likely to classify a side effect of an action as intended if the side effect is negative or reflects poorly on the actor than if it is positive or reflects well on the actor. We investigated whether this asymmetry in intention ascriptions was also present among physicians who were asked to ascribe intentions to clinical actors in certain well-defined clinical scenarios. After describing the study and its results, we discuss its implications for medical ethics. (shrink)

What follows is an attempt to do some conceptual housekeeping around the notion of secret law as provided by Christopher Kutz (2013). First I consider low-salience (or merely obscure) law, suggesting that it fails to capture the legal and moral facts that are at stake in the case which Kutz used to motivate it. Then I outline a theoretical contrast between mere obscurity and secrecy, in contrast to the 'neutral' account of secrecy provided by Sissela Bok (1989). The upshot of (...) the two sections is that low-salience law is neither secret law nor necessarily problematic, though it closely resembles a kind of law that is both secret and problematic: namely, those legal obscurities that subvert manifest interests related to the informational needs of citizens. The ensuing argument undermines the fiction of constructive presence found in Austin and Blackstone. (shrink)