Slurs possess interesting linguistic properties and so have recently attracted the attention of linguists and philosophers of language. For instance the racial slur "nigger" is explosively derogatory, enough so that just hearing it mentioned can leave one feeling as if they have been made complicit in a morally atrocious act.. Indeed, the very taboo nature of these words makes discussion of them typically prohibited or frowned upon. Although it is true that the utterance of slurs is illegitimate and derogatory in (...) most contexts, sufficient evidence suggests that slurs are not always or exclusively used to derogate. In fact, slurs are frequently picked up and appropriated by the very in-group members that the slur was originally intended to target. This might be done, for instance, as a means for like speakers to strengthen in-group solidarity. So an investigation into the meaning and use of slurs can give us crucial insight into how words can be used with such derogatory impact, and how they can be turned around and appropriated as vehicles of rapport in certain contexts among in-group speakers. In this essay I will argue that slurs are best characterized as being of a mixed descriptive/expressive type. Next, I will review the most influential accounts of slurs offered thus far, explain their shortcomings, then provide a new analysis of slurs and explain in what ways it is superior to others. Finally, I suggest that a family-resemblance conception of category membership can help us achieve a clearer understanding of the various ways in which slurs, for better or worse, are actually put to use in natural language discourse. (shrink)

Two things become one thing, something having parts, and something becoming something else, are cases of many things being identical with one thing. This apparent contradiction introduces others concerning transitivity of identity, discernibility of identicals, existence, and vague existence. I resolve the contradictions with a theory that identity, number, and existence are relative to standards for counting. What are many on some standard are one and the same on another. The theory gives an account of the discernibility of identicals using (...) phrases like “insofar as”. And it holds that standards for counting remain or shift depending on our purposes. (shrink)

I critically examine the semantic view of theories to reveal the following results. First, models in science are not the same as models in mathematics, as holders of the semantic view claim. Second, when several examples of the semantic approach are examined in detail no common thread is found between them, except their close attention to the details of model building in each particular science. These results lead me to propose a deflationary semantic view, which is simply that model construction (...) is an important component of theorizing in science. This deflationary view is consistent with a naturalized approach to the philosophy of science. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

This article provides an original account of slurs and how they may be differentially used by in-group and out-group speakers. Slurs are first distinguished from other terms and their role in social interaction is discussed. A new distinction is introduced between three different uses of slurs : the paradigmatic derogatory use, non-paradigmatic derogatory use, and non-paradigmatic non-derogatory use. I then account for their literal meaning and explain how a family-resemblance conception of category membership can clarify our understanding of the various (...) natural-language uses of slurs, -. The focus is restricted primarily to race-based and sex-based slurs used in the context of English speakers, and the article concludes with desiderata to be met by any subsequent analyses of slurs. (shrink)

In the Bayesian approach to quantum mechanics, probabilities—and thus quantum states—represent an agent’s degrees of belief, rather than corresponding to objective properties of physical systems. In this paper we investigate the concept of certainty in quantum mechanics. Particularly, we show how the probability-1 predictions derived from pure quantum states highlight a fundamental difference between our Bayesian approach, on the one hand, and Copenhagen and similar interpretations on the other. We first review the main arguments for the general claim that probabilities (...) always represent degrees of belief. We then argue that a quantum state prepared by some physical device always depends on an agent’s prior beliefs, implying that the probability-1 predictions derived from that state also depend on the agent’s prior beliefs. Quantum certainty is therefore always some agent’s certainty. Conversely, if facts about an experimental setup could imply agent-independent certainty for a measurement outcome, as in many Copenhagen-like interpretations, that outcome would effectively correspond to a preexisting system property. The idea that measurement outcomes occurring with certainty correspond to preexisting system properties is, however, in conflict with locality. We emphasize this by giving a version of an argument of Stairs [(1983). Quantum logic, realism, and value-definiteness. Philosophy of Science, 50, 578], which applies the Kochen–Specker theorem to an entangled bipartite system. (shrink)

Racial epithets are terms used to characterize people on the basis of their race, and are often used to harm the people that they target. But what do racial epithets mean, and how do they work to harm in the way that they do? In this essay I set out to answer these questions by offering a pragmatic view of racial epithets, while contrasting my position with Christopher Hom's semantic view.

This paper assesses the role of the Refutation of Idealism within the Critique of Pure Reason, as well as its relation to the treatment of idealism in the First Edition and to transcendental idealism more generally. It is argued that the Refutation is consistent with the Fourth Paralogism and that it can be considered as an extension of the Transcendental Deduction. While the Deduction, considered on its own, constitutes a 'regressive argument', the Refutation allows us to turn the Transcendental Analytic (...) into a 'progressive argument' that proceeds by the synthetic method. (shrink)

How is it possible for David Hume to be both withering skeptic and constructive theorist? I recommend an answer like the Pyrrhonian answer to the question how it is possible to suspend all judgment yet engage in active daily life. Sextus Empiricus distinguishes two kinds of assent: one suspended across the board and one involved with daily living. The first is an act of will based on appreciation of reasons; the second is a causal effect of appearances. Hume makes the (...) same distinction, only he extends the sort of assent involved in daily life to theoretical matters as well. He is a skeptic both in finding no reason to grant the first sort of assent and in being subject to the second. (shrink)

I argue via examples that there are cases in which things that are not two distinct things qualitatively differ without contradiction. In other words, there are cases in which something differs from itself. Standard responses to such cases are to divide the thing into distinct parts, or to conceive of the thing under different descriptions, or to appeal to different times, or to deny that the property had is the property lacked. I show these responses to be unsatisfactory. I then (...) gather and systematize available ways of talking about such cases with phrases like ‘insofar as’, ‘qua’, ‘to the extent that’, ‘in some respect’, etc., while paying special attention to the scope of ‘not’ when used with these phrases. This allows me to show how we can speak of self-differing without contradiction. (shrink)

This contribution provides an assessment of the epistemological role of scientific models. The prevalent view that all scientific models are representations of the world is rejected. This view points to a unified way of resolving epistemic issues for scientific models. The emerging consensus in philosophy of science that models have many different epistemic roles in science is presented and defended.

Human social intelligence comprises a wide range of complex cognitive and affective processes that appear to be selectively impaired in autistic spectrum disorders. The study of these neuro- developmental disorders and the study of canonical social intelligence have advanced rapidly over the last twenty years by investigating the two together. Specifically, studies of autism have provided important insights into the nature of ‘theory of mind’ abilities, their normal development and underlying neural systems. At the same time, the idea of impaired (...) development of the neurocognitive mechanisms underlying ‘theory of mind’ has shed new light on the nature of autistic disorders. This general approach is not restricted to the study of impairments but extends to mapping areas of social intelligence that are spared in autism. Here we investigate basic moral judgment and find that it appears to be substantially intact in children with autism who are severely impaired in ‘theory of mind’. At the same time, we extend studies of moral reasoning in normal development by way of a new control task, the ‘cry baby’ task. Cry baby scenarios, in which the distress of the victim is ‘unreasonable’ or ‘unjustified,’ do not elicit moral condemnation from normally developing preschoolers or from children with autism. Judgments of moral transgressions in which the victim displays distress are therefore not likely the result of a simple automatic reaction to the distress and more likely involve moral reasoning. Mapping the cognitive co-morbidity patterns of disordered development should encompass both impairments and sparings because both will be needed to make sense of the neural and genetic levels. (shrink)

Atheists are frequently demonized as arrogant intellectuals, antagonistic to religion, devoid of moral sentiments, advocates of an "anything goes" lifestyle. Now, in this revealing volume, nineteen leading philosophers open a window on the inner life of atheism, shattering these common stereotypes as they reveal how they came to turn away from religious belief. These highly engaging personal essays capture the marvelous diversity to be found among atheists, providing a portrait that will surprise most readers. Many of the authors, for example, (...) express great affection for particular religious traditions, even as they explain why they cannot, in good conscience, embrace them. None of the contributors dismiss religious belief as stupid or primitive, and several even express regret that they cannot, or can no longer, believe. Perhaps more important, in these reflective pieces, they offer fresh insight into some of the oldest and most difficult problems facing the human mind and spirit. For instance, if God is dead, is everything permitted? Philosophers without Gods demonstrates convincingly, with arguments that date back to Plato, that morality is independent of the existence of God. Indeed, every writer in this volume adamantly affirms the objectivity of right and wrong. Moreover, they contend that secular life can provide rewards as great and as rich as religious life. A naturalistic understanding of the human condition presents a set of challenges--to pursue our goals without illusions, to act morally without hope of reward--challenges that can impart a lasting value to finite and fragile human lives. Collectively, these essays highlight the richness of atheistic belief--not only as a valid alternative to religion, but as a profoundly fulfilling and moral way of life. "This Atheists R Us compilation differs markedly in tone from Hitchens and Dawkins. Excellent fare for Christian small groups whose members are genuinely interested in the arguments raised by atheists." --Christianity Today "Readable, personal, and provocative.... Contrary to the popular image, atheism isn't all rebellious trumpets and defiant drums.... Here we have all the varieties of unreligious experience, a full symphony of unbelief." --Free Inquiry "Compelling and sophisticated arguments that religious people ought to confront." --Tikkun. (shrink)

The paper advances a non-orthodox reading of political liberalism’s view of political legitimacy, the view of public political justification that comes with it, and the idea of the reasonable at the heart of these views. Political liberalism entails that full discursive standing should be accorded only to people who are reasonable in a substantive sense. As the paper argues, this renders political liberalism dogmatic and exclusivist at the level of arguments for or against normative theories of justice. Against that background, (...) the paper considers aspects of a more plausible, deeper and more inclusive idea of public political justification that builds on a thinner, potentially cosmopolitan idea of the reasonable. The paper considers what content such an idea may have, and identifies a method of inclusive abstraction through which it may be enriched in content to render it fruitful for the purposes of a justification of principles of political justice. But the move toward more depth and inclusiveness faces constructivism with two challenges. First, inclusivism about the scope of political justification might not be able to avoid dogmatism unless it invokes perfectionist considerations. And second, the authority and appeal of a fruitfully rich idea of the reasonable depends on whether the addressees of political justification already value wide acceptability. (shrink)

Hume discusses the distinction of reason to explain how we distinguish things inseparable, and so identical, e.g., the color and figure of a white globe. He says we note the respect in which the globe is similar to a white cube and dissimilar to a black sphere, and the respect in which it is dissimilar to the first and similar to the second. Unfortunately, Hume takes these differing respects of resemblance to be identical with the white globe itself. Contradiction results, (...) undermining his theory of abstraction. The way out is apparently to admit an intrinsic complexity in even simple things. (shrink)

Ordinary usage gives a way to think of identity through time: the Pittsburgh of 1946 was the same city as the Pittsburgh of today is--namely Pittsburgh. Problem: The Pittsburgh of 1946 does not exist; Pittsburgh still does. How can they have been identical? I reject the temporal parts view on which they were not but we may speak as though they were. Rather I argue that claiming their identity is not contradictory. I interpret ‘the Pittsburgh of 1946’ as ‘Pittsburgh as (...) it was in 1946’ and suggest that the apparent contradiction results from an ambiguity in the scope of ‘as’. (shrink)

Intuitions play an important role in contemporary philosophy. It is common for theories in epistemology, morality, semantics and metaphysics to be rejected because they are inconsistent with a widely and firmly held intuition. Our goal in this paper is to explore the role of epistemic intuitions in epistemology from a naturalistic perspective. Here is the question we take to be central: (Q) Ought we to trust our epistemic intuitions as evidence in support of our epistemological theories? We will understand this (...) question as employing an epistemic ‘ought’ – insofar as we aim at developing a correct epistemological theory, ought we to trust our epistemic intuitions as evidence for or against our epistemological theories? As it stands, (Q) needs further clarification. Whether something is trustworthy is relative to what (a) what it is and (b) what we’re asking it to do. Sam might trust Marie but not George to care for his children, while he might trust both to care for his pet fish. So in order to address (Q), we first need to explore two questions: What are epistemic intuitions? And what sort of epistemological theories do we want? We will take up each of these questions in the following sections. (shrink)

Aesthetic non-cognitivists deny that aesthetic statements express genuinely aesthetic beliefs and instead hold that they work primarily to express something non-cognitive, such as attitudes of approval or disapproval, or desire. Non-cognitivists deny that aesthetic statements express aesthetic beliefs because they deny that there are aesthetic features in the world for aesthetic beliefs to represent. Their assumption, shared by scientists and theorists of mind alike, was that language-users possess cognitive mechanisms with which to objectively grasp abstract rules fixed independently of human (...) responses, and that cognizers are thereby capable of grasping rules for the correct application of aesthetic concepts without relying on evaluation or enculturation. However, in this article I use Wittgenstein’s rule-following considerations to argue that psychological theories grounded upon this so-called objective model of rule-following fail to adequately account for concept acquisition and mastery. I argue that this is because linguistic enculturation, and the perceptual learning that’s often involved, influences and enables the mastery of aesthetic concepts. I argue that part of what’s involved in speaking aesthetically is to belong to a cultural practice of making sense of things aesthetically, and that it’s within a socio-linguistic community, and that community’s practices, that such aesthetic sense can be made intelligible. (shrink)

This chapter identifies and explores a series of challenges raised by the clinical concept of delusion for theories which conceive autonomy as an agency rather than a status concept. The first challenge is to address the autonomy-impairing nature of delusions consistently with their role as grounds for full legal and ethical excuse, on the one hand, and psychopathological significance as key symptoms of psychoses, on the other. The second challenge is to take into account the full logical range of delusions, (...) which may take the form of true or false factual beliefs, positive or negative evaluations, as well as the paradoxical delusion of mental illness. The third and final challenge is to make room for non-pathological or, autonomy-preserving delusions and to offer a credible way of distinguishing between these and pathological or, autonomy-impairing delusions. By setting out these challenges, we are able to, firstly, distinguish between two separate conceptions of objectivity that may be at work in existing accounts of delusions and, secondly, to put a spotlight on an elusive yet inescapable notion of agential success that underlies our thinking about autonomy as well as mental disorder. (shrink)

One of the advantages of my account in the essay “Instantiation as Partial Identity” was capturing the contingency of instantiation—something David Armstrong gave up in his experiment with a similar view. What made the contingency possible for me was my own non-standard account of identity, complete with the apparatus of counts and aspects. The need remains to lift some obscurity from the account in order to display its virtues to greater advantage. To that end, I propose to respond to those (...) who have grappled with it in print. There are various criticisms by commentators: that it is rendered absurd by the transitivity of identity, that it makes instantiation necessary instead of contingent, that it is unclear what counts are, that aspects are simply tropes, that my view does not capture multiple location, that I make an unclear reference to a theory of composition as identity, that the account suffers from problems with polyadicity, and that it is not a realist account of universals after all. I give responses to these objections. (shrink)

This paper establishes that the occasional identity relation and the contingent identity relation are both non-transitive and as such are not properly classified as identity relations. This is achieved by appealing to cases where multiple fissions and fusions occur simultaneously. These cases show that the contingent and occasional identity relations do not even satisfy the time-indexed and world-indexed versions of the transitivity requirement and hence are non-transitive relations.

When so much is being written on conscious experience, it is past time to face the question whether experience happens that is not conscious of itself. The recognition that we and most other living things experience non-consciously has recently been firmly supported by experimental science, clinical studies, and theoretic investigations; the related if not identical philosophic notion of experience without a subject has a rich pedigree. Leaving aside the question of how experience could become conscious of itself, I aim here (...) to demonstrate that the terms experience and consciousness are not interchangeable. Experience is a notoriously difficult concept to pin down, but I see non-conscious experience as based mainly in momentary sensations, relational between bodies or systems, and probably common throughout the natural world. If this continuum of experience — from non-conscious, to conscious, to self-transcending awareness — can be understood and accepted, radical constructivism (the “outside” world as a construct of experience) will gain a firmer foundation, panexperientialism (a living universe) may gain credibility, and psi will find its medium. (shrink)

Leibniz’s mechanistic reduction of colors and other sensible qualities commits him to two theses about our knowledge of those qualities: first, that we can acquire ideas of sensible qualities apart from any direct acquaintance with the qualities themselves; second, that we can acquire distinct (i.e., non-confused) ideas of such qualities through the development of physical-theoretical accounts. According to some commentators, however, Leibniz frequently denies both claims. His views on the subject are muddled and incoherent, they say, both because he is (...) ambivalent about the nature of sensible qualities, and because he gets confused about confusion, losing sight of his own distinction between the confusion proper to perceptions and that proper to ideas. In opposition to this, I argue that the critics have misunderstood Leibniz’s views, which are both consistent over time and coherent. The key to understanding his position is to appreciate what he characterizes as a kind of redundancy in our ideas of sensible qualities, a crucial feature of his view overlooked by the critics. (shrink)

Plato’s view on pleasure in the Republic emerges in the course of developing the third proof of his central thesis that the just man is happier than the unjust. Plato presents it as the “greatest and most decisive” proof of his central thesis, so one might expect to find an abundance of scholarly work on it. Paradoxically, however, this argument has received little attention from scholars, and what has been written on it has generally been harshly critical. I believe that (...) this treatment of the argument has been unfair and that the relevant passages deserve a more careful and charitable interpretation. In this paper, I take up two serious charges that scholars have leveled against this proof, that it is inconsistent and that it involves a “fatal ambiguity”. I show that these charges result from misinterpreting Plato’s text, and I offer an alternative interpretation of the relevant passages. In doing so, I hope to shed some light on the complexities involved in Plato’s unappreciated third proof. (shrink)

In this paper, I explore a possible convergence between two great twentieth century thinkers, Nishida Kitarō of Japan and Martin Heidegger of Germany. The focus is on the quasi-religious language they employ in discussing the grounding of human existence in terms of an encompassing Wherein for our being. Heidegger speaks of “the sacred” and “the passing of the last god” that mark an empty clearing wherein all metaphysical absolutes or gods have withdrawn but are simultaneously indicative of an opening wherein (...) beings are given. Nishida speaks of “the religious” dimension in the depths of one's being, that he calls “place,” and that somehow envelops the world through its kenotic self-negation. In both we find reference to a kind of originary space—the open or place—associated with quasireligious themes. I also point to their distinct approaches to metaphysical language in their attempts to give voice to that abysmal thought. (shrink)

Introduction and translation of “The Four Phases of Philosophy” by Franz Brentano.

The purpose of this discussion is twofold. First, I want to shed some light on Kant's concept of personhood as rational agency, by situating it in the context of the first Critique's conception of the self as defined by its rational dispositions. I hope to suggest that this concept of personhood cannot be simply grafted onto an essentially Humean conception of the self that is inherently inimical to it, as I believe Rawls, Gewirth, and others have tried to do. Instead (...) I will try to show how deeply embedded this concept of personhood is in Kant's conception of the self as rationally unified consciousness. Second, I want to deploy this embedded concept of personhood as the basis for an analysis of the phenomenon of xenophobia. (shrink)

Sleep onset is associated with marked changes in behavioral, physiological, and subjective phenomena. In daily life though subjective experience is the main criterion in terms of which we identify it. But very few studies have focused on these experiences. This study seeks to identify the subjective variables that reflect sleep onset. Twenty young subjects took an afternoon nap in the laboratory while polysomnographic recordings were made. They were awakened four times in order to assess subjective experiences that correlate with the (...) (1) appearance of slow eye movement, (2) initiation of stage 1 sleep, (3) initiation of stage 2 sleep, and (4) 5 min after the start of stage 2 sleep. A logistic regression identified control over and logic of thought as the two variables that predict the perception of having fallen asleep. For sleep perception, these two variables accurately classified 91.7% of the cases; for the waking state, 84.1%. (shrink)

Understanding Hume’s theory of space and time requires suspending our own. When theorizing, we think of space as one huge array of locations, which external objects might or might not occupy. Time adds another dimension to this vast array. For Hume, in contrast, space is extension in general, where being extended is having parts arranged one right next to the other like the pearls on a necklace. Time is duration in general, where having duration is having parts occurring one aft (...) er another like the notes of a song. Hume’s diff erent view stems from his empiricism, his reliance on experience and observation as the foundation of our concepts. Nothing in our experience suggests a single vast array of locations. Rather, we simply notice that bodies are similar insofar as they have lengths that can be compared. Likewise, nothing in our experience suggests a single dimension of time. Rather, we simply notice that diff erent successions are similar insofar as they have durations that can be compared. Th eorizing that these observations show there to be a single multidimensional array goes well beyond the evidence for Hume. As a skeptic, he fi nds himself unable to assent to theories that stray too far beyond the deliverances of the senses. For Hume, the ideas of space and time are each a general idea of simple—partless— objects arrayed in a certain manner. He argues that the structures of the ideas of space and time refl ect the structures of space and time. Th erefore, space and time are not infi - nitely divisible, and they are ways simple objects are arrayed. Consequently, there is no such thing as empty space nor time without change. (shrink)

Adrian Piper argues that the Humean conception can be made to work only if it is placed in the context of a wider and genuinely universal conception of the self, whose origins are to be found in Kant’s Critique of Pure Reason. This conception comprises the basic canons of classical logic, which provide both a model of motivation and a model of rationality. These supply necessary conditions both for the coherence and integrity of the self and also for unified agency. (...) The Kantian conception solves certain intractable problems in decision theory by integrating it into classical predicate logic, and provides answers to longstanding controversies in metaethics concerning moral motivation, rational final ends, and moral justification that the Humean conception engenders. In addition, it sheds light on certain kinds of moral behavior – for example, the whistleblower – that the Humean conception is at a loss to explain. (shrink)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...) reconstruct the role of its conception of public justification, its implied contextualism about justified belief, its conceptions of toleration, neutrality, good reasons, and legitimacy, and, not least, its justification-constitutive conception of reasonableness.) Contrary to what is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

Two decades ago, Rolf Landauer (1991) argued that “information is physical” and ought to have a role in the scientific analysis of reality comparable to that of matter, energy, space and time. This would also help to bridge the gap between biology and mathematics and physics. Although it can be argued that we are living in the ‘golden age’ of biology, both because of the great challenges posed by medicine and the environment and the significant advances that have been made—especially (...) in genetics and molecular and cell biology—we feel that information as an essential aspect of life has been neglected, or at least misunderstood. We therefore summon Maxwell’s Demon and its distant relative the ratchet, and apply these to biology. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

This paper provides an account of Kant's categories of freedom, explaining how they fit together and what role they are supposed to play. My interpretation places particular emphasis on the structural features that the table of the categories of freedom shares with the table of judgements and the table of categories laid out by Kant in the Critique of Pure Reason. In this way we can identify two interpretative constraints, namely (i) that the categories falling under each heading must form (...) a synthetic unity whereby the third one derives from the combination of the other two. and (ii) that the first two categories falling under each heading must be morally undetermined and sensibly conditioned, while the third category is sensibly unconditioned and determined only by the moral law. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

This essay is divided into two parts, deeply intermingled. Part I examines not only the origin of conscious experience but also how it is possible to ask of our own consciousness how it came to be. Part II examines the origin of experience itself, which soon reveals itself as the ontological question of Being. The chief premise of Part I is that symbolic communion and the categorizations of language have enabled human organisms to distinguish between themselves as actually existing entities (...) and their own immediate experience of themselves and their world. This enables them to reflect upon abstract concepts, including “self,” “experience,” and “world.” Symbolic communication and conceptualization grow out of identification, the act of first observing conscious experiencing and intimating what it is like, mimesis, a gestural protolanguage learned through imitation, and reflection, seeing oneself through the eyes of others. The step into actual intentional speech is made through self-assertion, narrative, and intersubjectivity. These three become the spiral of human cultural development that includes not only the adaptive satisfaction of our biological needs, but also the creativity of thought. With the mental-conceptual separation of subject and object – of self and world – the human ability to witness the universe (and each other) is the ground of our genuinely human quality. Consciousness gives human life its distinctively human reality. It is, therefore, one and the same ability that enables us to shape planet Earth by means of conceptual representations (rather than by means of our hands alone) while also awakening us to the significance of being. -/- Looking beyond human self-consciousness to investigate the origin and nature of awareness itself in Part 2, reductive objective materialism is found to be of little use. Direct experience also falls short in that, in order to be transformed into objective knowledge about itself, it must always be interpreted through and limited by the symbolic contexts of culture and the idiosyncratic conceptualizations of the individual. Awareness-in-itself must thus be considered ultimately unexplainable, but this may more indicate its inexpressible transcendence of all symbolic qualifiers than its nonexistence. It is suggested that awareness is not “self-aware” (as in deity) but is instead unknowing yet identical with the only true universal: the impetus of creative unfolding. Our human knowledge, as an expression of this unfolding, is seen to emerge from our conscious experiencing and, in turn, to have the power – and enormous responsibility – of directing that experience. Our underlying symbolic worldviews are found to be autopoietic: They limit or open our conscious experience, which, in turn, confirms those worldview expectations. As we explore a future of unforeseeable technological breakthroughs on an ailing planet who patiently copes with our “success,” truly vital decisions about the nature, meaning, extent, and future of conscious experience will have to be made. (shrink)

To fully respond to the demands of multiculturalism, a view of toleration would need to duly respect diversity both at the level of the application of principles of toleration and at the level of the justificatory foundations that a view of toleration may appeal to. The paper examines Rainer Forst’s post-Rawlsian, ‘reason-based’ attempt to provide a view of toleration that succeeds at these two levels and so allows us to tolerate tolerantly. His account turns on the view that a constructivist (...) requirement of generality and reciprocity provides a suitable criterion of toleration since a commitment to this requirement is part of what defines people as reasonable. But it is neither plausible nor coherent to build such a requirement into an idea of reasonableness from which an account of toleration starts. Thus, constructivism cannot provide a tolerant criterion of toleration, if such criterion, in order to overcome the ‘paradox’ of intolerant toleration, must escape reasonable disagreement. (shrink)

This paper analyses Nozick's possible-worlds model of utopia. It identifies and examines three arguments in favour of the minimal state: (1) the minimal state is the real-world analogue of the possible-worlds model and can hence be considered to be inspiring; (2) the minimal state is the common ground of all possible utopian conceptions and can hence be universally endorsed; and (3) the minimal state is the best or at least a very good means for approximating or achieving utopia. While constituting (...) fascinating lines of inquiry, all arguments are found to be wanting and unable to yield the conclusions that Nozick intended to establish. Nonetheless, they establish interesting and important results, in particular the result that the minimal state is the maximal institutional structure that is in principle compatible with the complete satisfaction of the maximal non-arbitrary set of preferences that are in principle co-satisfiable, as well as the corollary that in utopia any state will exert at most the functions of a minimal state. (shrink)

I wish to defend the claim that given the content and structure of any moral theory we are likely to find palatable, there is no way of uniquely breaking down that theory into either consequentialist or deontological elements. Indeed, once we examine the actual structure of any such theory more closely, we see that it can be classified in either way arbitrarily. Hence if we ignore the metaethical pronouncements often made by adherents of the consequentialist-deontological distinction, we are quickly led (...) to the conclusion that this distinction contributes nothing of consequence to an understanding of moral theory. I will try to show that there are basically two reasons for this. First, what we mean by the terms endemic to the consequentialist-deontological distinction have no unique references to particular states of affairs in actual cases of moral decision making. Hence we may justify any such concrete moral decision by reference to typically consequentialist or deontological reasoning indifferently. Second, scrutiny of actual and viable moral theories reveals a much finer-grained structure than the consequentialist-deontological taxonomy can capture. And it is this structure, rather than simple attention to consequences or principles, that determines practical moral decision making. We would thus do better to develop the richer vocabulary of causes and constituents, goals and effects, states and events (mental, social, or physical). So in the end, the consequentialist-deontological distinction is irrelevant at the normative level of actual moral reasoning, whereas at the metaethical level it crudely schematizes two opposing types of dummy theory, neither of which is convincing, upon reflection, to any practicing moral philosopher. (shrink)

We are told by philosophers that photographs are a distinct category of image because the photographic process is mind-independent. Furthermore, that the experience of viewing a photograph has a special status, justified by a viewer’s knowledge that the photographic process is mind-independent. Versions of these ideas are central to discussions of photography in both the philosophy of art and epistemology and have far-reaching implications for science, forensics and documentary journalism. Mind-independence (sometimes ‘belief independence’) is a term employed to highlight what (...) is important in the idea that photographs can be produced naturally, mechanically, accidentally or automatically. Insofar as the process is physical, natural, mechanical or causal it can occur without human agency or intervention, entirely in the absence of intentional states. Presented innocuously, the idea is that although photographs are dependent on natural or mechanical processes, they can be produced independently of human agency – particularly human beliefs. Presented in a stronger form, the claim is that even if human agency is heavily involved in the production process, the definitive features that make the photograph a photograph and determine its salient properties are nonetheless independent of human minds. In epistemic debates, mind-independence is viewed as essential for explaining why photographs occupy a distinct category among images and justifying a variety of claims about their privileged epistemic and affective status in science, forensics, popular culture and journalism. But, in the philosophy of art, claims about mind-. (shrink)

[This is an edited and improved version of "You Are Not Your Brain: Against 'Teaching to the Brain'" previously published in *Review of Higher Education and Self-Learning* 5(15), Summer 2012.] Since educators are always looking for ways to improve their practice, and since empirical science is now accepted in our worldview as the final arbiter of truth, it is no surprise they have been lured toward cognitive neuroscience in hopes that discovering how the brain learns will provide a nutshell explanation (...) for student learning in general. I argue that identifying the person with the brain is scientism (not science), that the brain is not the person, and that it is the person who learns. In fact the brain only responds to the learning of embodied experience within the extra-neural network of intersubjective communications. Learning is a dynamic, cultural activity, not a neural program. Brain-based learning is unnecessary for educators and may be dangerous in that a culturally narrow ontology is taken for granted, thus restricting our creativity and imagination, and narrowing the human community. (shrink)

Because we must often make decisions in light of imperfect information about our prospective actions, the standard principles of objective obligation must be supplemented with principles of subjective obligation (which evaluate actions in light of what the agent believes about their circumstances and consequences). The point of principles of subjective obligation is to guide agents in making decisions. But should these principles be stated in terms of what the agent actually believes or what it would be reasonable for her to (...) believe about her prospective actions? I show that there are many decisions for which “reasonable belief” principles can’t be used by the decision-maker, especially in cases in which whether (or how) the agent investigates or deliberates affects the nature of the prospective action itself. I conclude that subjective rightness depends on what the agent actually believes, not what it would be reasonable for her to believe. (shrink)

The European project European and Latin American Systems of Ethics Regulation of Biomedical Research Project (EULABOR) has carried out the first comparative analysis of ethics regulation systems for biomedical research in seven countries in Europe and Latin America, evaluating their roles in the protection of human subjects. We developed a conceptual and methodological framework defining ‘ethics regulation system for biomedical research’ as a set of actors, institutions, codes and laws involved in overseeing the ethics of biomedical research on humans. This (...) framework allowed us to develop comprehensive national reports by conducting semi-structured interviews to key informants. These reports were summarised and analysed in a comparative analysis. The study showed that the regulatory framework for clinical research in these countries differ in scope. It showed that despite the different political contexts, actors involved and motivations for creating the regulation, in most of the studied countries it was the government who took the lead in setting up the system. The study also showed that Europe and Latin America are similar regarding national bodies and research ethics committees, but the Brazilian system has strong and noteworthy specificities. (shrink)

The divide between oneself and others has made altruism seem irrational to some thinkers, as Sidgwick points out. I use characterizations of grief, especially by St. Augustine, to question the divide, and use a composition‐as‐identity metaphysics of parts and wholes to make literal sense of those characterizations.

Alberto Casullo ("Necessity, Certainty, and the A Priori", Canadian Journal of Philosophy 18, 1988) argues that arithmetical propositions could be disconfirmed by appeal to an invented scenario, wherein our standard counting procedures indicate that 2 + 2 != 4. Our best response to such a scenario would be, Casullo suggests, to accept the results of the counting procedures, and give up standard arithmetic. While Casullo's scenario avoids arguments against previous "disconfirming" scenarios, it founders on the assumption, common to scenario and (...) response, that arithmetic might be independent of standard counting procedures. Here I show, by attention to tallying as the simplest form of counting, that this assumption is incoherent: given standard counting procedures, then (on pain of irrationality) arithmetical theory follows. (shrink)

Narrative passages told from a character's perspective convey the character's thoughts and perceptions. We present a discourse process that recognizes characters'.

Objective: To examine the current ethical review process of ethics committees in a non-pharmacological trial from the perspective of a clinical investigator.Design: Prospective collection of data at the Study Centre of the German Surgical Society on the duration, costs and administrative effort of the ERP of a randomised controlled multicentre surgical INSECT Trial between November 2003 and May 2005.Setting: Germany.Participants: 18 ethics committees, including the ethics committee handling the primary approval, responsible overall for 32 clinical sites throughout Germany. 8 ethics (...) committees were located at university medical schools and 10 at medical chambers. Duration was measured as days between submission and receipt of final approval, costs in euros and administrative effort by calculation of the product of the total number of different types of documents and the mean number of copies required .Results: The duration of the ERP ranged from 1 to 176 days. The median duration was 26 days at MSUs compared with 34 days at medical chambers. The total cost was €2947. 1 of 8 ethics committees at universities and 8 of 10 at medical chambers charged a median fee of €162 . The administrative effort for primary approval was 30. Four ethics committees required a higher administrative effort for secondary approval .Conclusion: The ERP for non-pharmacological multicentre trials in Germany needs improvement. The administrative process has to be standardised: the application forms and the number and content of the documents required should be identical or at least similar. The fees charged vary considerably and are obviously too high for committees located at medical chambers. However, the duration of the ERP was, with some exceptions, excellent. A centralised ethics committee in Germany for multicentre trials such as the INSECT Trial can simplify the ERP for clinical investigators in and outside the country. (shrink)