Authors: Joseph M. Eble, John A. Di Camillo, Peter J. Colosi. --- NEWS RELEASE For Immediate Release February 27, 2024 Contact: Joseph M. Eble, MD Corresponding author 919-667-5206 -/- The statement, Catholics United on Brain Death and Organ Donation: A Call to Action (HTML), was published on February 27, 2024. It was prepared by Joseph Eble, a physician and President of the Tulsa Guild of the Catholic Medical Association; John Di Camillo, an ethicist of The National Catholic Bioethics Center; and (...) Peter Colosi, a philosophy professor at Salve Regina University. -/- Catholic United explains that the criteria for brain death establish only partial loss of brain function. This is now abundantly clear based on scientific studies, a recent effort to lower the legal standard for death, and updated brain death guidelines issued in October 2023. -/- Catholics United bridges a divide among faithful Catholics about whether the concept of brain death aligns with Church teaching. Some Catholics hold that brain death represents true death when there is complete and irreversible cessation of all brain activity, often called whole brain death. Others hold that brain death does not represent true death. Since the existing criteria establish only partial loss of brain function, all the endorsers—whether they accept or reject whole brain death as true death—agree that “the current brain death criteria in widespread use do not provide moral (prudential) certainty of death.” -/- Catholics United calls on health care professionals and institutions to cease organ harvesting that relies on the inadequate criteria, noting that 70% of all donors are declared dead using brain death criteria. “Given the lack of moral certainty of death whenever the current brain death criteria are used,” the statement affirms, “a clear majority of vital organ donors can be presumed alive at the time of organ harvesting.” Since the Catholic Church forbids removing vital organs when this would kill the patient, “it is therefore wrong to remove organs from patients declared dead using these inadequate criteria.” . (shrink)

The evidential value of moral intuitions has been challenged by psychological work showing that the intuitions of ordinary people are affected by distorting factors. One reply to this challenge, the expertise defence, claims that training in philosophical thinking confers enhanced reliability on the intuitions of professional philosophers. This defence is often expressed through analogy: since we do not allow doubts about folk judgments in domains like mathematics or physics to undermine the plausibility of judgments by experts in these domains, we (...) also should not do so in philosophy. In this paper I clarify the logic of the analogy strategy, and defend it against recent challenges by Jesper Ryberg. The discussion exposes an interesting divide: while Ryberg’s challenges may weaken analogies between morality and domains like mathematics, they do not affect analogies to other domains, such as physics. I conclude that the expertise defence can be supported by analogical means, though care is required in selecting an appropriate analog. I discuss implications of this conclusion for the expertise defence debate and for study of the moral domain itself. (shrink)

Deepfake technology uses machine learning to fabricate video and audio recordings that represent people doing and saying things they've never done. In coming years, malicious actors will likely use this technology in attempts to manipulate public discourse. This paper prepares for that danger by explicating the unappreciated way in which recordings have so far provided an epistemic backstop to our testimonial practices. Our reasonable trust in the testimony of others depends, to a surprising extent, on the regulative effects of the (...) ever-present possibility of recordings of the events they testify about. As deepfakes erode the epistemic value of recordings, we may then face an even more consequential challenge to the reliability of our testimonial practices themselves. (shrink)

In a recent paper, Giubilini and Minerva argue for the moral permissibility of what they call ‘after-birth abortion’, or infanticide. Here I suggest that they actually employ a confusion of two distinct arguments: one relying on the purportedly identical moral status of a fetus and a newborn, and the second giving an independent argument for the denial of moral personhood to infants (independent of whatever one might say about fetuses). After distinguishing these arguments, I suggest that neither one is capable (...) of supporting Giubilini and Minerva's conclusion. The first argument is at best neutral between permitting infanticide and prohibiting abortion, and may in fact more strongly support the latter. The second argument, I suggest, contains an ambiguity in its key premise, and can be shown to fail on either resolution of that ambiguity. Hence, I conclude that Giubilini and Minerva have not demonstrated the permissibility of infanticide, or even great moral similarity between abortion and infanticide. (shrink)

Deepfakes are algorithmically modified video and audio recordings that project one person’s appearance on to that of another, creating an apparent recording of an event that never took place. Many scholars and journalists have begun attending to the political risks of deepfake deception. Here we investigate other ways in which deepfakes have the potential to cause deeper harms than have been appreciated. First, we consider a form of objectification that occurs in deepfaked ‘frankenporn’ that digitally fuses the parts of different (...) women to create pliable characters incapable of giving consent to their depiction. Next, we develop the idea of ‘illocutionary wronging’, in which an individual is forced to engage in speech acts they would prefer to avoid in order to deny or correct the misleading evidence of a publicized deepfake. Finally, we consider the risk that deepfakes may facilitate campaigns of ‘panoptic gaslighting’, where many systematically altered recordings of a single person's life undermine their memory, eroding their sense of self and ability to engage with others. Taken together, these harms illustrate the roles that social epistemology and technological vulnerabilities play in human ethical life. (shrink)

Since at least 2016, many have worried that social media enables authoritarians to meddle in democratic politics. The concern is that trolls and bots amplify deceptive content. In this chapter I argue that these tactics have a more insidious anti-democratic purpose. Lies implanted in democratic discourse by authoritarians are often intended to be caught. Their primary goal is not to successfully deceive, but rather to undermine the democratic value of testimony. In well-functioning democracies, our mutual reliance on testimony also generates (...) a distinctively democratic value: decentralized testimonial networks evade control by the state or powerful actors. The deliberate exposure of deception in democratic testimonial networks undermines this value by implicating citizens in their own epistemic corruption, weakening the resilience of democratic society against authoritarian pressure. In this chapter I illustrate that danger through a close reading of recent Russian social media interference operations, showing both their epistemic underpinnings and their ongoing political threat. (shrink)

Recent empirical work appears to suggest that the moral intuitions of professional philosophers are just as vulnerable to distorting psychological factors as are those of ordinary people. This paper assesses these recent tests of the ‘expertise defense’ of philosophical intuition. I argue that the use of familiar cases and principles constitutes a methodological problem. Since these items are familiar to philosophers, but not ordinary people, the two subject groups do not confront identical cognitive tasks. Reflection on this point shows that (...) these findings do not threaten philosophical expertise—though we can draw lessons for more effective empirical tests. (shrink)

The study dealt with the present socio-economic status, perceptions and opportunities of maximizing the benefits of ecotourism to the local community. Responses from the local community, officials of the local government unit, and visitors using quantitative and qualitative method, particularly the inductive approach through survey, observation and interview was used. Local community involvement in tourism activity is limited to tour guiding, particularly the children, while the rest of the population are into farming, fishing and harvesting forest products. The park was (...) categorized as “Protected Landscape” under Republic Act 7586, now gaining its popularity and one of the fastest growing ecotourism sites in the Philippines is under the supervision of a private company. Visitor satisfaction and potential risk on environmental degradation were observed due to lack of regulation on the observance of carrying capacity. Tourism Action Plan for the destination was prepared but allocation for project for the local community that would contribute to their present socio-economic status was not evident. The geographical unit of the destination, its breath-taking view, the presence of various distinct flora and fauna made it to be labelled as the “Hidden Paradise and Mystical Eco-tourism in Nueva Ecija”. Sustainability in ecotourism, involves the participation of the communities that protect and manage the natural resources, cultural and indigenous knowledge and practices, environmental education and ethics. Community involvement equipped with proper education and conservation awareness, training, and employment opportunities may sustain the destination and enhance visitor satisfaction. (shrink)

This short piece draws on political philosophy to show how social media interference operations can be used by hostile states to weaken the apparent legitimacy of democratic governments. Democratic societies are particularly vulnerable to this form of attack because democratic governments depend for their legitimacy on citizens' trust in one another. But when citizen see one another as complicit in the distribution of deceptive content, they lose confidence in the epistemic preconditions for democracy. The piece concludes with policy recommendations for (...) how democratic governments should protect themselves. (shrink)

Large Language Models (LLMs) like ChatGPT were trained on human conversation, but in the future they will also train us. As chatbots speak from our smartphones and customer service helplines, they will become a part of everyday life and a growing share of all the conversations we ever have. It’s hard to doubt this will have some effect on us. Here I explore a specific concern about the impact of artificial conversation on our capacity to deliberate and hold ourselves accountable (...) to reason – that is, to be autonomous, in Kant’s sense of the term. I develop ideas from psychologist Jean Piaget to show how chatbots are autonomy traps: their deference to our commands tempts us into venting authoritarian whims, ultimately weakening our own self-control. I argue that the Kantian tradition, including Piaget and sociologist Emile Durkheim, offers powerful conceptual resources for resisting this slide. But it will require us to do something that may seem bizarre: we will need to treat mindless chatbots as if they are autonomous persons too. (shrink)

This chapter discusses the philosophical relevance of empirical research on moral cognition. It distinguishes three central aims of normative ethical theory: understanding the nature of moral agency, identifying morally right actions, and determining the justification of moral beliefs. For each of these aims, the chapter considers and rejects arguments against employing cognitive scientific research in normative inquiry. It concludes by suggesting that, whichever of the central aims one begins from, normative ethics is improved by engaging with the science of moral (...) cognition. (shrink)

It is generally agreed that Edmund Husserl’s theory of depiction describes a three-fold experience of seeing something in pictures, whereas Richard Wollheim’s theory is a two-fold experience of seeingin. The aim of this article is to show that Wollheim’s theory can be interpreted as a three-fold experience of seeing-in. I will first give an overview of Wollheim and Husserl’s theories of seeing-in, and will then show how the concept of figuration in Wollheim’s theory is analogous to the concept of the (...) image subject as the depicted object in Husserl’s theory. I will claim that our experience of non-figurative pictures is a two-fold seeing-in, while that of figurative pictures is a three-fold seeing-in. (shrink)

How can we tell whether an incident counts as a microaggression? How do we draw the boundary between microaggressions and weightier forms of oppression, such as hate crimes? I address these questions by exploring the ontology and epistemology of microaggression, in particular the constitutive relationship between microaggression and systemic social oppression. I argue that we ought to define microaggression in terms of the ambiguous experience that its victims undergo, focusing attention on their perspectives while providing criteria for distinguishing microaggression.

When we look back upon people in past societies, such as slaveholders and colonialists, we judge their actions to have been morally atrocious. Yet we should give some thought to how the future will judge us. Here I argue that future people are likely to regard our behavior as no better than that of the past. If these future people are to be believed, then we are morally hopeless; we have little chance of working out the moral truth for ourselves. (...) I argue that we ought to resist this conclusion, and that our best means for doing so it to reject moral objectivity and accept instead a form of time-linked moral relativism. (shrink)

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the (...) effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

The aim of this article is to examine Edmund Husserl’s theory of aesthetic consciousness and the possibility to apply it to site-specific art. The central focus will be on the idea of the limited synthetic unity of the aesthetic object that is introduced by Husserl in order to differentiate positional and aesthetic attitude towards the object. I claim that strongly site-specific art, which is a work of art about a place and in the place, challenges the view that the synthetic (...) unity of the aesthetic object is limited. Moreover, following Husserl’s theory, it becomes questionable whether strongly site-specific art is art at all. I try to answer these objections by explaining how the artist prescribes the appearances and boundaries of a strongly site-specific object of art, thereby satisfying the demand for the limitedness of the synthetic unity of the aesthetic object. (shrink)

This project was provoked by the almost nonexistent pushback from the Democratic liberal establishment to the (2020) exoneration of Kyle Rittenhouse, despite his acknowledged killing of two Black Lives Matters protesters against the police murder of George Floyd. It builds on three prior articles arguing for the revival of ancient Dionysian practice, Haitian Vodou, and Indigenous South American shamanism to empower leftist revolution. In essence, I propose an assemblage of spiritual practices that are accessible today for the neo-colonized 99% of (...) the global population, by synthesizing and reconstructing three democratic, lower-SES, Indigenous religions, all of which share a militant defiance of their respective tyrannical plutocracies. To avoid cultural appropriation, I center these reconstructed spiritual practices on the figure of the “mage,” a psychosocial healer loosely analogous to a shaman. And the mage’s signature activity, “magic,” I redefine naturalistically as free interpersonal performative action, practiced using two theoretical disciplines (philosophy and psychology) and two practical disciplines chosen by each mage. More precisely, Spirit/Dance channels the “spirits” of dead ancestors, historical figures, legendary heroes, mythical beings, and fictional characters, into the three ultimate objectives of “mindfulness” for psyches/souls, “liberation” for mindful bodies, and “social justice” for liberated communities, indirectly empowering long-term revolution. (shrink)

Scientists, philosophers, and policymakers disagree about how to define microaggression. Here, we offer a taxonomy of existing definitions, clustering around (a) the psychological motives of perpetrators, (b) the experience of victims, and (c) the functional role of microaggression in oppressive social structures. We consider conceptual and epistemic challenges to each and suggest that progress may come from developing novel hybrid accounts of microaggression, combining empirically tractable features with sensitivity to the testimony of victims.

According to the “Embodied Cognition” entry in the Stanford Encyclopedia of Philosophy, the three landmark texts in the 4E cognitive science tradition are Lakoff and Johnson’s Metaphors We Live By, Varela, Thompson, and Rosch’s The Embodied Mind, and Andy Clark’s Being There. In my first section, I offer a phenomenological interpretation of these three texts, identifying recuring affirmations of the figure of dance alongside explicit marginalization of the practice of dance, perhaps in part due to cognitive science’s overemphasis on cognition (...) to the exclusion of affect. In my second section, drawing on my previous interpretations of proto-affect theorists (including Spinoza, Deleuze, and Fanon), I channel this tension in 4E cognitive science into a dancing partnership with human science psychology, suggesting three “choreographic provocations” for therapeutic practice and psychological research, namely (1) treating clients/subjects as dancers, (2) reimagining research and therapy as improvised duets between practitioners and clients/subjects, and (3) pursuing an ideal of freer movement and an emergent flourishing singularity for clients/subjects. Finally, I reformulate these three choreographic provocations in terms of my new theoretical method of “dancing-with,” as well as the four psychological prerequisites for flourishing posited by my figuration philosophy of dance. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

In The Transfiguration of the Commonplace (1981)1 Arthur Danto construes individual style as something “given” that belongs to the artist “essentially” and “inseparably.” By contrast, his theory of the end of art, set forth in After the End of Art (1997) and elsewhere,2 suggests the liberation of artists from any stylistic commitments. How do these two theories go together? Can there be individual styles after the end of art? Examining the compatibility between Danto’s end of art thesis and his essentialist (...) conception of individual style, this paper tries to approach an answer to these questions. (shrink)

In his influential history of the post-1967 history of the Palestinian Occupation, radical Israeli architect Eyal Weizman show how even well-meaning decolonial efforts from privileged allies can be coopted by the colonizers, in what I call “de-decolonizing.” Here I focus on one of his examples, namely IDF (Israeli Defense Force) military professors repurposing the anarcho-communist philosophy of French postmodernist Gilles Deleuze into a weapon against Palestinian guerrilla resistance. My conclusion is that attempted decolonizing via (inevitably complicit) privileged allies must include (...) what Weizman calls “co-resistance,” and I call “reconstruction.” In other words, when a Deleuzian “line of flight” to “escape” is impossible, as arguably for Palestinians today, then one should follow the heroic example of the Bedouins, who (as Weizman acknowledges) are the only Arabs who have never stopped rebuilding their Palestine. (shrink)

In the present article, the first section recapitulates my “figuration” philosophy of dance, the “dancing-with” interpretive method derived therefrom, and my previous application of figuration to salsa dance as a decolonizing gestural discourse. The second section deepens and modifies this analysis through a reinterpretation of Argentinian philosopher Ernesto Laclau’s concept of hegemony and his dance-resonant interpretations of Derrida. And the final section offers a template for this hegemonic dancing-with in the Birmingham, Alabama Latin dance troupe, Corazon de Alabama (Heart of (...) Alabama), as a new strategy for decolonizing and reconstructing social justice. (shrink)

This article derives from a project attempting to show that Western formal logic, from Aristotle onward, has both been partially constituted by, and partially constitutive of, what has become known as racism. In the present article, I will first discuss, in light of Frege’s honorary role as founder of the philosophy of mathematics, Reuben Hersh’s What is Mathematics, Really? Second, I will explore how the infamous section of Frege’s 1924 diary (specifically the entries from March 10 to April 9) supports (...) Hersh's claim regarding the link between political conservatism and the (historically and currently) dominant school of the philosophy of mathematics (to which Frege undeniably belongs). Third, I will examine Frege’s attempt at a more reader-friendly introduction to his philosophy of mathematics, The Foundations of Arithmetic. And finally, I will briefly analyze Frege’s Begriffsschrift to see how questions of race arise even at the heights of his logical abstraction. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (shrink)

Historically, the concept of androgyny has been as problematic as it has been appealing to Western progressives. The appeal clearly includes, inter alia, the opportunity to abandon or ameliorate certain identities. As for the problematic dimension, the central problem seems to be the reduction of otherness to the norms of straight white middle/upper-class Western cismen, particularly because of the consequent worsening of actual others’ marginalization and exclusion from social institutions. Despite these problems, I wish to suggest that androgyny—as evidenced by (...) the enthusiasm felt for it by many Westerners—bespeaks something larger and more important than the concept itself, and that modified conception of it might be helpful in pursuit of social justice. (shrink)

This essay is part of larger project in which I attempt to show that Western formal logic, from its inception in Aristotle onward, has both been partially constituted by, and partially constitutive of, what has become known as racism. More specifically, (a) racist/quasi-racist/proto-racist political forces were part of the impetus for logic’s attempt to classify the world into mutually exclusive, hierarchically-valued categories in the first place; and (b) these classifications, in turn, have been deployed throughout history to justify and empower (...) racism/quasi-racism/proto-racism. In other words, (a) an important part of the chaos and messiness that so troubles logic has been the natural bio-cultural diversity of human beings as described by concepts such as race and ethnicity; and (b) once these concepts were historically in place, taken for granted, buttressed with pseudo-science, and had their origins forgotten, they became tools for the oppression of diverse human groups. The central thesis of this essay is that close readings of a variety of Leibniz’s writings (including several essays and one letter) will reveal a pattern of mutual dependency and creation in regard to logic and racism in Leibniz. My conclusion will be that there is a meaningful connection between logic and racism (or at least between logic and politics in general) in Leibniz such that one should be skeptical of his logic’s claim to offer transparent and neutral descriptions of the world as well as imperatives for action. Put differently, I want to ask the following specific question: how do Leibniz’s own racially-informed political goals, along with the emergence of race-centric European colonialism, both invest and disguise themselves within Leibniz’s mathematizing of logic? (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 article explores Fanon's thought on dance, beginning with his explicit treatment of it in Black Skin, White Masks and The Wretched of the Earth. It then broadens to consider his theorization of Black embodiment in racist and colonized societies, considering how these analyses can be reformulated as a phenomenology of dance. This will suggest possibilities for fruitful encounters between the two domains in which (a) dance can be valorized while (b) opening up sites of resignification and resistance for Black (...) persons and communities-including a revalorization of Black embodiment as a kind of empowering danced experience. (shrink)

In this article, I offer the figure of the snake-bridge as (a) the coiled central metaphor in Gloria Anzaldúa’s masterpiece, Borderlands/La Frontera, (b) the interpretive bridge connecting the early (This Bridge Called My Back) middle (Borderlands) and late (Light in the Dark) periods of her oeuvre, and (c) an alternate unifying metaphor to mestizaje. My first section offers a close reading of Borderlands, locating snake-bridge in the east-west snake of the Rio Grande that queer Chicana borderlanders cross north and south (...) like snakes, while wrestling earthward with snake demons and skyward with snake goddesses. And my second section autopsies the dismembered snake-bridge in Light in the Dark, calling for a healing thereof in pursuit of a coalitional social justice politics that preserves the strengths of mestizaje without its dangers. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (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)

In this article, I explore the relationship between dance and the work of Nelson Goodman, which is found primarily in his early book, Languages of Art. Drawing upon the book’s first main thread, I examine Goodman’s example of a dance gesture as a symbol that exemplifies itself. I argue that self-exemplifying dance gestures are unique in that they are often independent and internally motivated, or “meta-self-exemplifying.” Drawing upon the book’s second main thread, I retrace Goodman’s analysis of dance’s relationship to (...) both notation in general and also Labanotation in particular. My argument is that dance gives the false impression of being notational, or is “meta-notational.”. (shrink)

Marr’s seminal distinction between computational, algorithmic, and implementational levels of analysis has inspired research in cognitive science for more than 30 years. According to a widely-used paradigm, the modelling of cognitive processes should mainly operate on the computational level and be targeted at the idealised competence, rather than the actual performance of cognisers in a specific domain. In this paper, we explore how this paradigm can be adopted and revised to understand mathematical problem solving. The computational-level approach applies methods from (...) computational complexity theory and focuses on optimal strategies for completing cognitive tasks. However, human cognitive capacities in mathematical problem solving are essentially characterised by processes that are computationally sub-optimal, because they initially add to the computational complexity of the solutions. Yet, these solutions can be optimal for human cognisers given the acquisition and enactment of mathematical practices. Here we present diagrams and the spatial manipulation of symbols as two examples of problem solving strategies that can be computationally sub-optimal but humanly optimal. These aspects need to be taken into account when analysing competence in mathematical problem solving. Empirically informed considerations on enculturation can help identify, explore, and model the cognitive processes involved in problem solving tasks. The enculturation account of mathematical problem solving strongly suggests that computational-level analyses need to be complemented by considerations on the algorithmic and implementational levels. The emerging research strategy can help develop algorithms that model what we call enculturated cognitive optimality in an empirically plausible and ecologically valid way. (shrink)

This article explores the history of Vodou from outlawed African dance to revolutionary magic to depoliticized national Haitian religion and popular dance, its present reduction to Diaspora interpersonal healing, and a possible future. My first section, on Kate Ramsey’s The Spirits and the Law: Vodou and Power in Haiti, reveals Vodou as a sociopolitical construction of racist legal oppression of Africana dances rituals, and artistic-political resistance thereto. My second section, on Karen McCarthy Brown’s Mama Lola: A Vodou Priestess in Brooklyn, (...) a “postmodern ethnography” of intersectional oppressions and Black female Haitian resistance in the Diaspora, foregrounds the figure of Gedelia, a feminist variant on Papa Gede, central Vodou spirit (lwa) of resurrection and healing. Finally, my last section, on the “observing participant” analyses of Black dance anthropologist Yvonne Daniel’s Dancing Wisdom: Embodied Knowledge in Haitian Vodou, Cuban Yoruba, and Bahian Candomblé, finds a dancing Gedelia in her centering of Oyá, a warrior spirit of storms and death. On this basis, I propose the figure of tornadic black angels as a possible magical tool (in Vodou, a pwen, or “point”) intended to re-spiritualize and thereby re-politicize the secularized and whitewashed social Latin dance called “salsa” for social justice. (shrink)

This article is part of a larger project in which I attempt to show that Western formal logic, from its inception in Aristotle onward, has both been partially constituted by, and partially constitutive of, what has become known as racism. In contrast to this trend, the present article concerns the major philosopher whose contribution to logic has been perhaps the most derided and marginalized, and yet whose character and politics are, from a contemporary perspective, drastically superior—John Stuart Mill. My approach (...) to my core concern will be one of narrowing concentric circles. I will begin with Mill’s occasional political writings that bear on the issue of racism, including “The Negro Question.” From there, the core of the article will explore the political dimensions of Mill’s A System of Logic. (shrink)

In this article, I offer a new philosophical interpretation of Virgil’s Aeneid, dually centered on the queens of Olympus and Carthage. More specifically, I show how the philosopher-poet Virgil deploys Dido’s Junonian furor as the Aristotelian matter of the unjust Roman imperium, the feminist counterforce to the patriarchal force disguised as peaceful order. The first section explores Virgil’s political and biographical background for the raw materials for a feminist, anti-imperial political philosophy. The second section, following Marilynn Desmond, situates the continuing (...) misogynist condemnation of Virgil’s two goddess-queens in the context of their honored centrality in Roman and Carthaginian culture. The third section reinterprets Virgil’s goddess-queens as agents of furor as (apparently mad) feminist counterforce to the (actually mad) unjust force of the Roman empire and its agents Jupiter and Aeneas. The fourth section translates these poetic philosophical interpretations into prose, arguing that Dido’s Junonian furor is the Aristotelian matter constituting the unjust forms of Roman imperium. And the conclusion applies the latter analysis to Hardt and Negri’s Empire, suggesting Dido as a model for the “multitude” in the fight against the imperial injustice of today’s globalized empire. (shrink)

In this article, I channel the autobiography of Black Panther cofounder Huey P. Newton, entitled Revolutionary Suicide, against the misogyny of the alt-right movement today. Both Newton and the alt-right have been powerfully influenced by Nietzsche, but one way of grasping the central difference between them is by comparing their conceptions of Dionysus. While the alt-right sticks closer to Nietzsche’s conception, which minimizes the god’s androgyny, Newton’s thought resonates with that androgyny, thereby bringing him closer to the most influential Dionysus (...) scholar since Nietzsche, Walter Otto. I therefore turn to the latter’s Dionysus: Myth and Cult, whose analyses I synthesize into the following image inspired by the god’s closest animal familiar: the dancingly-graceful panther as aqueous-androgynous soul-hunter. Reimagining Newton’s Black Panther in this way, finally, can help us overcome the alt-right. (shrink)

Contemporary philosopher Jacques Rancière has been criticized for a conception of “politics” that is insensitive to the diminished agency of the corporeally oppressed. In a recent article, Dana Mills locates a solution to this alleged problem in Rancière most recent book translated into English, Aisthesis, in its chapter on Mallarmé’s writings on modern dancer Loïe Fuller. My first section argues that Mills’ reading exacerbates an “homonymy” (Rancière’s term) in Rancière’s use of the word “inscription,” which means for him either a (...) vicious literal carving on living bodies, or else a virtuous figurative carving on nonliving bodies. The former, I call “bodily carving,” while the latter is the “corporeal writing” that I take Mallarmé to affirm in Fuller. My second section observes that Rancière himself misses a homonymy in Mallarmé on Fuller, namely “dance,” meaning either “ballet” or dance in general (including Fuller’s). My third section concludes that Rancière’s chapter on Fuller includes another “dance” homonymy, meaning either “concert dance” or what I term a new “art of meta-movement” in Fuller. The latter art, I conclude, is equivalent to Mallarmé’s “corporeal writing,” and can be understood as a new form of dance education, in pursuit of a new utopia of worker-dancers. (shrink)

Having elsewhere connected Walter Otto’s interpretation of Dionysus as a politically progressive deity to Huey P. Newton’s vision for the Black Panthers, I here expand this inquiry to a line of Otto-inspired scholarship. First, Alain Daniélou identifies Dionysus and Shiva as the dancing god of a democratic/decolonizing cult oppressed by tyrannical patriarchies. Arthur Evans sharpens this critique of sexism and heteronormativity, concluding that, as Dionysus’s chorus is to Greek tragedy, so Socrates’s circle is to Western philosophy. I thus call for (...) the creation of a hybrid Dionysian-Socratic revolutionary philosophical chorus, modeled on Dionysus Lyseus, wielding philosophical analysis to loosen injustice’s bonds, as a vanguard of social justice. I find a handbook for this chorus’s creation in Euripides’s Bacchae, whose Dionysus is an ally of immigrant women, overthrower of Theban patriarchy, and international revolutionary. Finally, I offer a contemporary example of such a chorus that is based in my hometown in Alabama, namely, the Birmingham Philosophy Guild. (shrink)

Perhaps owing to frictions between his Christological worldview and the dominant secularism of contemporary French thought as taken up in the U.S., and persistent worries about a seeming solipsism in his phenomenology, Michel Henry's innovative contributions to aesthetics have received unfortunately little attention in English. The present investigation addresses both issues simultaneously with a new interpretation of his recently-translated 1996 interview, “Art and Phenomenology.” Inspired by this special issue’s theme, “French Thought in Dialogue,” it emphasizes four levels of dialogue in (...) the interview, as follows: (1) the interview as such, with Brohm; (2) its titular dialogue between art and phenomenology; (3) what I term a “trans-religious” dialogue between Christianity’s Jesus and Nietzsche’s Dionysus; and (4) a related dialogue between painting (Henry’s favored genre) and dance that is “Dionysian” (in Nietzsche’s sense). It concludes with new phenomenological accounts of a literal and a figurative dance, namely the social Latin dance called bachata, and an improvised musical dialogue with the mockingbirds of my hometown. In sum, thanks to Henry’s engagement with various forms of dialogue, including with Brohm, the arts, paganism, and dance, one can find room in his transcendental subjectivity of Life for others, dancingly transcending even humanity. (shrink)

Compulsive smartphone users’ psyches, today, are increasingly directed away from their bodies and onto their devices. This phenomenon has now entered our global vocabulary as “smartphone zombies,” or what I will call “iZombies.” Given the importance of mind to virtually all conceptions of human identity, these compulsive users could thus be productively understood as a kind of human-machine hybrid entity, the cyborg. Assuming for the sake of argument that this hybridization is at worst axiologically neutral, I will construct a kind (...) of phenomenological psychological profile of the type of cyborg which engages in these patterns of behavior. I follow Judith Butler in seeing this identity as the result of performance practices, which as such can be modified or replaced using other performances. Pursing one such alternative, I compose a dancing critique that “reverse engineers” the choreographies implied by these cyborgs’ survival practices. The upshot of this critique is that their movement patterns do indeed align closely to those of horror cinema’s zombies. I therefore conclude by suggesting a few possible choreographic imperatives to facilitate more enabling ways of being for iZombie cyborgs today. (shrink)

[First paragraphs: This essay takes its practical orientation from my experiences as a member of a philosophy reading group on death row at Riverbend Maximum Security Penitentiary in Nashville, Tennessee. Its theoretical orientation comes from W. E. B. Du Bois’ lecture-turned-essay, “Criteria of Negro Art,” which argues that the realm of aesthetics is vitally important in the war against racial discrimination in the United States. And since, according to Michele Alexander’s critically-acclaimed The New Jim Crow: Mass Incarceration in the Age (...) of Colorblindness, the prison system should be the primary front today in this war, my essay’s ultimate aim is t/o articulate a new criterion of the present-day “Negro” art being created by a prison population that is still overwhelmingly constituted by persons of color. In my first section, I will show how Du Bois’ insights in “Criteria of Negro Art” remain relevant today, especially in the prison context, and argue that it is thus appropriate for my new criterion to be shaped by his distinctive conception of “propaganda.” In my second section, through a close reading of two texts by Michel Foucault (the pivotal thinker of modern imprisonment), I will flesh out this new criterion, “self-torsion,” defined as the effect of prisoners’ attempts at self-care within a prison system that distorts those attempts into further exploitation of both prisoners and the outside world that imprisons them. And my final section, in an attempt to illustrate this new criterion’s efficacy as a form of propagandistic resistance to contemporary racism, will deploy self-torsion as a critique of two artworks created by imprisoned members of my reading group at Riverbend penitentiary. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

This essay offers a strategic reinterpretation of Kant’s philosophy of mathematics in Critique of Pure Reason via a broad, empirically based reconception of Kant’s conception of drawing. It begins with a general overview of Kant’s philosophy of mathematics, observing how he differentiates mathematics in the Critique from both the dynamical and the philosophical. Second, it examines how a recent wave of critical analyses of Kant’s constructivism takes up these issues, largely inspired by Hintikka’s unorthodox conception of Kantian intuition. Third, it (...) offers further analyses of three Kantian concepts vitally linked to that of drawing. It concludes with an etymologically based exploration of the seven clusters of meanings of the word drawing to gesture toward new possibilities for interpreting a Kantian philosophy of mathematics. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.