Love, S. (2007). Using somatic awareness as a guide for making healthy life choices. Somatics Magazine- Journal Of The Mind/Body Arts and Sciences, Volume XV, Number 2, pages 40-43. (Silver Love is same person as author Martha C. Love).

Critics of Institutional Review Board (IRB) practices often base their charges on the claim that IRB review began with and is premised upon a "medical model" of research, and hence a "medical model" of risk. Based on this claim, they charge that IRB review, especially in the institutional Reviw boardsocial and behavioral sciences, has experienced "mission creep". This paper argues that this line of critique is fundamentally misguided. While it remains unclear what critics mean by "medical model", the point of (...) contemporary human research subjects regulation remains the same across all domains of research. That point is to protect the autonomy of human subjects, primarily through the use of informed consent. In fields as different as biomedical self-experimentation and ethnography there is the danger of losing sight of subjects' autonomy. Critiques of the so-called medical model are sometimes libertarian and sometimes utilitarian in spirit. Either way, such critiques have not yet demonstrated that these philosophical schools of thought have the resources to guard against the potential risk of harm that lexically prioritizing the autonomy of human subjects does. Precisely because IRB review recognizes that human subjects research occurs in different fields using different research methods, IRB review requires researchers to explain their particular methods, the particular risks of harm created by these methods, and the implementation of procedures by which subjects may autonomously consent to precisely those risks. (shrink)

Amartya Sen has made a major contribution to the theory of social justice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can help us to construct a (...) normative conception of social justice, with critical potential for gender issues, only if we specify a definite set of capabilities as the most important ones to protect. Sen's "perspective of freedom" is too vague. Some freedoms limit others; some freedoms are important, some trivial, some good, and some positively bad. Before the approach can offer a valuable normative gender perspective, we must make commitments about substance. (shrink)

Norm theory (Kahneman & Miller, 1986) described a tendency for people to associate stronger regret with a negative outcome when it is a result of an exception (abnormal behavior) compared to when it is a result of routine (normal behavior). In two pre-registered studies, we conducted a replication and extension of three classic experiments on past behavior exception/routine contrasts (N = 684). We successfully replicated Kahneman and Miller’s (1986) experiments with the classic hitchhiker-scenario (Part 1) and car accident-scenario (Part 2). (...) In both cases, participants examined negative outcomes and tended to indicate a protagonist who deviated from own past behavior as more regretful than another who followed routine. Pre-registered extensions also showed effects for ratings of social norms, negative affect, and perceived luck. We did not find support for the Miller and McFarland (1986) experiment robbery scenario (Part 3) using a compensation measure, in that compensation to a victim of a robbery was not significantly different comparing exceptional and routine circumstances. However, a pre-registered extension showed that robbery under exceptional circumstances was regretted more than robbery under routine circumstances. We discuss implications for current and future research. (shrink)

I propose a novel model of the human ego (which I define as the tendency to measure one’s value based on extrinsic success rather than intrinsic aptitude or ability). I further propose the conjecture that ego so defined both is a non-adaptive by-product of evolutionary pressures, and has some evolutionary value as an adaptation (protecting self-interest). I explore ramifications of this model, including how it mediates individuals’ reactions to perceived and actual limits of their power, their ability to cope with (...) risk and uncertainty, and how this model may interpolate between rational choice models and cognitive psychology. I develop numerous examples and applications, including poverty traps, to demonstrate the model’s predictive power to elucidate a broad range of social phenomena. -/- [December 2018: Updated version to submit for publication. Expanded Sections 4 and 5.1, revised Section 5.7] -/- . (shrink)

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...) aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

For the full text of this article see "Download Options PhiPapers Archive and click Download from Archive" at the bottom of this page. First 500 words of article: To my surprise last spring, an article titled “Gut Almighty”, which briefly explained the latest emotion theories on how intuition comes from the gut, was featured in Psychology Today (Flora, 2007) at the same time that my article on gut instinctual somatic responses and healthy life choices was published in Somatics Spring 07 (...) issue (Love, 2007). I wondered if two articles published on the gut in one month might surely be a record, as the gut has not seemed to have so much attention in the media since Gershon’s (1998) book acclaiming it through his neurological research to have a mind of its own. -/- In the months I awaited the publication of my article, I reread Gershon’s (1998) book and it was again delightful to me to read that a scientific investigation actually uncovered evidence that the gut has a separate capacity to generate and record vital responses and functions as what he calls our second brain. Gershon outlines the biological functions of the gut as being its own intelligent brain and having its own vitality that is in communication with, but not dependent upon, the head brain. As I combed through his book and shared emails with my colleague, Robert Sterling, it became quite clear to us that Gershon’s work was supportive of the clinical findings in the work we did as guidance counselors in the 70s. Our work centered around assisting people to assess the meaning of their experiences through an awareness on the empty-full instinctual feeling responses that they identified in the gut region of the body. We found with the people that we counseled that these gut responses were linked to the dynamic struggles of balancing the two needs of the person for acceptance and for feeling in control of one’s own responses (the freedom to respond naturally), and that these two needs were instinctual and necessary to fulfill on a moment to moment basis for continued vitality of the person. Similar to Gershon’s findings, it was also our conclusion that the gut area of the body contains a feeling response center that holds a relationship to the thinking processes of the person, but is a separate response center from the thinking head responses and certainly not dependent upon it. -/- Feeling inspired by Gershon’s (1998) work and the attention recently given to the gut in the literature and media, I decided to write a second article for Somatics that further explains the specific technique of the Somatic Reflection Process (SRP). The intention of this article is to answer the questions about the process that I have been asked in the past year by many friends and colleagues who read my first article last Spring on the findings of Robert Sterling’s and my somatic work as guidance counselors. I am including both the method and a protocol for facilitating the SRP, as well as a brief summary of a recent research study using the SRP protocol presented (Love, 2005). (shrink)

This is a Belarusian translation of an essay interpreting the much-neglected Second Part of Kant's book, Conflict of the Faculties, entitled “An old question raised again: Is the human race constantly progressing?”, by showing the close relationship between the themes it deals with and those Kant addresses in the Supplements and Appendices of Perpetual Peace. In both works, Kant portrays the philosopher as having the duty to promote a “secret article”, without which his vision of a lasting international peace through (...) the agency of a federation of states is bound to fail. Both works identify this article as involving the necessity of publicity as a transcendental condition for peace, and call for philosophers to engage politicians and lawyers in a creative attitude towards lawmaking. Kant’s visionary program has failed to reach its goal up to now, not because it is too idealistic, but because philosophers have failed to take up the challenge. (shrink)

Kyle Stanford’s reformulation of the problem of underdetermination has the potential to highlight the epistemic obligations of scientists. Stanford, however, presents the phenomenon of unconceived alternatives as a problem for realists, despite critics’ insistence that we have contextual explanations for scientists’ failure to conceive of their successors’ theories. I propose that responsibilist epistemology and the concept of “role oughts,” as discussed by Lorraine Code and Richard Feldman, can pacify Stanford’s critics and reveal broader relevance of the “new induction.” The (...) possibility of unconceived alternatives pushes us to question our contemporary expectation for scientists to reason outside of their historical moment. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...) better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

Martha Nussbaum’s new book Political Emotions is a contribution to political philosophy and, simultaneously, a moral-psychological study of the emotions. In it, she revisits some of the most prominent themes in her 2004 book Hiding from Humanity and her 2001 treatise, Upheavals of Thought. As Nussbaum points out in the opening pages of Political Emotions, one of her goals in this work is to answer a call issued by John Rawls for a “reasonable moral psychology” that would be conceptually (...) refined and empirically grounded, since a complete theoretical account of the just society must be informed by a suitably complex, accurate conception of human emotions. On the whole, Political Emotions is a remarkably successful book that combines several areas of philosophical research in which the author’s proficiency is well known. It shows how problems that lie on the more intimate side of ethics, pertaining for instance to friendship and family life, have relevance for social justice and publi .. (shrink)

Most epistemologists maintain that true beliefs are of final epistemic value. However, Richard Feldman is a rare philosopher who is skeptical that true beliefs are of final epistemic value. The aim of this paper is to evaluate Feldman’s criticisms. I’ll argue that Feldman’s arguments ultimately turn on a view about the relation between epistemic duties and epistemic value that is implausible and underdeveloped.

The paper examines Martha Nussbaum’s «Aristotelian Social Democracy», and in particular her appropriation of Aristotle’s political philosophy. The paper questions Nussbaum’s claim that Aristotle’s account of human nature and her capabilities approach are not metaphysical. It critically analyses Nussbaum’s egalitarian interpretation of Aristotle’s doctrine of distributive justice, laying out the primary reasons supporting the thesis that Nussbaum’s «Aristotelian Social Democracy» is incompatible with Aristotle’s non-egalitarian political philosophy.

Martha Nussbaum has argued in support of the view (supposedly that of Aristotle) that we can, through thought-experiments involving personal identity, find an objective foundation for moral thought without having to appeal to any authority independent of morality. I compare the thought-experiment from Plato’s Philebus that she presents as an example to other thought-experiments involving identity in the literature and argue that this reveals a tension between the sources of authority which Nussbaum invokes for her thought-experiment. I also argue (...) that each of her sources of authority presents further difficulties for her project. Finally, I argue that it is not clear that her thought-experiment is one that actually involves identity in any crucial way. As a result, the case she offers does not offer any satisfactory support for her view on the relation between identity, morality and thought-experiments, but we do gain some insights into what that relation really is along the way. (shrink)

An assessment of Martha Nussbaum's capabilities approach with respect to religion. I contend that her contribution to John Rawls's project of political-liberalism would be less accommodating of religion, specifically illiberal religions, than it desires to be. This feature weakens the capabilities approach as a foundation for inclusive and stable political institutions in pluralistic societies.

In a chapter from his book, "Confrontation with the Reaper," Feldman critiques Epicurus' assertion that nothing inherently negative befalls us after death. However, it is essential to note that the Epicurean argument is more nuanced than Feldman suggests. In this chapter, Feldman undertakes a comprehensive revision of the Epicurean argument, incorporating numerous assumptions supported by evidence to comprehend it. This multiplicity of revisions makes it challenging to trace how Feldman distorts the original Epicurean argument. In this (...) paper, I will endeavor to reconstruct Feldman's line of reasoning, focusing on his conclusion, which posits that death, by depriving the deceased of the intrinsic value of life, introduces an extrinsic evil. According to this view, had death not occurred, the person would have continued to enjoy the intrinsic value of life. However, it is arguable that death does not deprive a person of the intrinsic good inherent in life because, without death, one would still have the opportunity to experience the intrinsic value of life. This perspective finds support in the examples I present to counter Feldman's conclusion: the cases of a cancer patient, a devout Christian, and a Buddhist philosopher who all met their demise. (shrink)

In his critical notice entitled ‘An Improved Whole Life Satisfaction Theory of Happiness?’ focusing on my article that was previously published in this journal, Fred Feldman raises an important objection to a suggestion I made about how to best formulate the whole life satisfaction theories of happiness. According to my proposal, happiness is a matter of whether an idealised version of you would judge that your actual life corresponds to the life-plan, which he or she has constructed for you (...) on the basis of your cares and concerns. Feldman argues that either the idealised version will include in the relevant life-plan only actions that are possible for you to do or he or she will also include actions and outcomes that are not available for you in the real world. He then uses examples to argue that both of these alternatives have implausible consequences. In response to this objection, I argue that what it is included in the relevant life-plan depends on what you most fundamentally desire and that this constraint is enough to deal with Feldman’s new cases. (shrink)

Nussbaum’s theory of the emotions draws heavily on the Stoic account. In her theory, emotions are a kind of value judgment or thought. This is in stark contrast to the well-known proposal from William James, who took emotions to be bodily feelings. There are various motivations for taking emotions as judgments. One main reason is that emotions are intentional mental states. They are always about something, directed at particular objects or state of affairs. For example, fear seems to involve the (...) anticipation of danger. To grief for the passing of a loved one involves the thought that someone dear to us is now gone. In Upheavals of Thought and also in her Hochelaga Lecture, Nussbaum analyzed compassion as a set of judgments, including for example the judgment that someone is experiencing serious suffering, and that the person in question does not deserve the suffering. (shrink)

A critical review of Fred Feldman's What is This Thing Called Happiness? which includes a partial defence of the life satisfaction theory of happiness.

The practical aspect of ancient philosophy has been recently made a focus of renewed metaphilosophical investigation. After a brief presentation of three accounts of this kind developed by Martha Nussbaum, Pierre Hadot, and Michel Foucault, the model of the therapeutic argument developed by Nussbaum is called into question from the perspectives offered by her French colleagues, who emphasize spiritual exercise (Hadot) or the care of the self (Foucault). The ways in which the account of Nussbaum can be defended are (...) then discussed, including both a ‘negative’ defense, i.e. the indication of the weaknesses of Hadot and Foucault’s proposals, and a ‘positive’ one focused on the points in which Nussbaum can convincingly address doubts about her metaphilosophical account. In response to these analyses, some further remarks made by Hadot and Foucault are discussed in order to demonstrate that their accounts are not as distant from Nussbaum after all. Finally, a recent metaphilosophical study by John Sellars together with a therapeutic (medical) model developed by the author of the present article are suggested as providing a framework for potential reconciliation between all three accounts discussed and a resource for further metaphilosophical studies. (shrink)

A review of Feldman's "What is this thing called happiness"?

When speaking of the philosophical importance of James’s late style, critics and philosophers have taken two broad approaches. One route, exemplified by Martha Nussbaum, attributes this style to the sensitivity of the characters. The other, exemplified by Robert Pippin, attributes the writing’s complexity to the ambiguities of the moral codes during this period of history. In my reading, James’s texts address a more general problem of modernity, which is the flattening of the lifeworld (Lebenswelt) by disengaged approaches to both (...) epistemology and morality, the reduction of the lifeworld to the environment (Umwelt). James’s works open an ontological dimension to the question of language and normativity, a question that modernity’s moral languages—whether based on deontology, utility, or virtue—fail to articulate. His texts interrogate what normativity is rather than just portraying the sensitivity of the characters or uncertainty of the historical moment, although both of those readings are certainly justified. (shrink)

I propose that Leibniz did not state Leibniz’s Law, the logically and metaphysically robust principle that is typically understood as the following biconditional: ∀x ∀y [(x = y) ↔ ∀P (Px ↔ Py)]. To arrive at this conclusion, I examine the three principles that have become associated with Leibniz’s Law: the Substitutivity Principle (salva veritate), the Indiscernibility of Identicals, and the Identity of Indiscernibles. I show that Leibniz intended salva veritate as a semantic principle, never explicitly stated the Indiscernibility of (...) Identicals, and understood the Identity of Indiscernibles as a metaphysical principle. In the debate about Leibniz’s Law, I focus on four commentators: (1) W. V. O. Quine’s construal of salva veritate as the Indiscernibility of Identicals, (2) Nicholas Rescher’s contention that both the Identity of Indiscernibles and salva veritate may be construed as Leibniz’s Law, (3) Fred Feldman’s argument that Leibniz did not state a law or definition of identity, but only a criterion of identity for concepts, and (4) Edwin Curley’s response to Feldman, that Feldman’s assumptions, along with passages in Leibniz, show Leibniz did state Leibniz’s Law. I argue that Feldman’s position is not completely correct but can be amended with insights from Quine, Rescher, and Curley and by reference to Leibniz’s Complete Concept Theory. (shrink)

On a currently popular reading of Locke, an idea represents its cause, or what God intended to be its cause. Against Martha Bolton and my former self (among others), I argue that Locke cannot hold such a view, since it sins against his epistemology and theory of abstraction. I argue that Locke is committed to a resemblance theory of representation, with the result that ideas of secondary qualities are not representations.

There are striking parallels between current capability theories and the moral philosophy of Karl Christian Friedrich Krause. This article reconstructs central arguments of Krause’s ethics and correlates them with passages from the works of Martha Nussbaum, showing that such similarities extend not only to what, substantially, is being professed in either philosophy but also, procedurally, to the question of how the respective moral conclusions are reached. As Krause correlates responsibility with capability, the article begins with an examination of Krause’s (...) idea of human — as compared to animal — freedom and their respective normative implications. Next, the argument is extended to the social responsibilities of personal freedom, before widening the scope to the cosmopolitan plane. The paper then briefly examines historical links between Krause and current capability theorists, before concluding. (shrink)

Martha Nussbaum has provided a sustained critique of Cicero’s De officiis (or On Duties), concerning what she claims is Cicero’s incoherent distinction between duties of justice, which are strict, cosmopolitan, and impartial, and duties of material aid, which are elastic, weighted towards those who are near and dear, and partial. No doubt, from Nussbaum’s cosmopolitan perspective, Cicero’s distinction between justice and beneficence seems problematic and lies at the root of modern moral failures to conceptualize adequately our obligations in situations (...) of famine and global inequality. And yet a careful reading of Cicero’s On Duties shows many duties that appear to be partial. It is hard to believe that Cicero’s discussion of these “partial duties” was a mere oversight or omission on his part. Rather, Cicero seemed to have no problem endorsing what I will call the “partial coherence” of duties in the work—namely, the claim that asserting that duties are exhaustively partial or impartial is a false dichotomy. With the help of conceptual analysis by Richard Kraut, my paper aims to establish and defend Cicero’s “partial coherence” against Nussbaum’s criticisms. (shrink)

Summary of Nussbaum's book. Raises worries about the political neutrality of her psychoanalytic assumptions and about whether her compassion promoting policies can adequately mitigate problems like racism, selfishness, and partiality.

In his article Banicki proposes a universal model for all forms of philosophical therapy. He is guided by works of Martha Nussbaum, who in turn makes recourse to Aristotle. As compared to Nussbaum’s approach, Banicki’s model is more medical and less based on ethical argument. He mentions Foucault’s vision to apply the same theoretical analysis for the ailments of the body and the soul and to use the same kind of approach in treating and curing them. In his interpretation (...) of philosophical therapy, there are, however, some controversial issues, to which we would like to call attention: -/- Is restoring health by a philosophical method of treatment – health understood as a person’s ability to reach his/her vital goals – a convincing explication of philosophical therapy in general? In order to answer this question, it may be useful to look at Plato. It is not only Platonism (and especially Neo-platonism since Plotinus) that questions the idea that therapy is necessarily connected with „vital goals“. Buddhist and Gnostic philosophies are questioning „the vital“ in general. The immense effort in the history of philosophy to liberate the mind from the body casts doubt on the project to explain philosophical therapy solely in analogy to medical therapy. -/- According to Banicki a therapeutic philosophy has to identify the diseases it attempts at curing. There are, however, reasons for associating the term therapy with suffering/risk rather than disease. If a therapy aims at reducing the fear of death, as for example many classical philosophical therapies do, then there is no disease to be cured. A model based on chances and risks also has the advantage that the Buddhist and Stoic reinterpretation of desires/emotions as “diseases” can be dropped in contemporary philosophical therapy. -/- Banicki mentions the comparison of therapies as one of the primary goals of modelling. Methods should be verified by a statistical correlation between method and therapeutic success and/or by a theory which justifies the method. Some forms of therapies, however, avoid theory-specific terms and concepts in favor of an unprejudiced interpretation of the patient’s statements. Others share the (Nietzschean) aspiration to explore and change measures of value. If the therapeutic process is seen as a unique phenomenon, then there can be no theory and no statistics with co-occurrences. -/- According to Banicki philosophical therapy has to describe techniques which qualify as genuinely philosophical. Techniques like maieutics and hermeneutics, however, are antique philosophical “inventions”, which were later adopted by psychotherapy. If meditation is accepted as a therapeutic tool – as it was in ancient times – then there is not only a methodical but also an emotional relation to religion. If finally, the Socratic search for a good life is seen as one of the characteristics of philosophical therapy, then delimitation even turns into a criterion for non-philosophical therapies. The search for a good life requires an interdisciplinary approach. -/- For the concretization of the formal structure, we suggest a typology of therapies, which is based on chances and risks. Such a typology has the advantage, that it can model conflicting (and even opposing) forms of therapies. The variety of therapeutic goals and methods is a consequence of the historical development towards conceptual freedom. (shrink)

R. Feldman defends a general principle about evidence the slogan form of which says that ‘evidence of evidence is evidence’. B. Fitelson considers three renditions of this principle and contends they are all falsified by counterexamples. Against both Feldman and Fitelson, J. Comesaña and E. Tal show that the third rendition––the one actually endorsed by Feldman––isn’t affected by Fitelson’s counterexamples, but only because it is trivially true and thus uninteresting. Tal and Comesaña defend a fourth version of (...) Feldman’s principle, which––they claim––has not yet been shown false. Against Tal and Comesaña I show that this new version of Feldman’s principle is false. (shrink)

Richard Feldman’s “Reasonable Religious Disagreements” launched debates about the epistemic significance of disagreement that have been a dominant point of discussion in epistemology as of late. While most of these debates have been concerned with disagreement more generally, Feldman’s original focus was religious disagreement, and John Pittard returns the focus to religious disagreement in Disagreement, Deference, and Religious Commitment. Pittard’s book delves deeply into debates about the significance of disagreement with a foot in both epistemology and philosophy of (...) religion. It is the first book to look at these issues as they are being addressed within each of these sub-disciplines and is sure to be a significant contribution to the debates in both sub-fields. (shrink)

Abstract. Richard Feldman’s Uniqueness Thesis holds that “a body of evidence justifies at most one proposition out of a competing set of proposi- tions”. The opposing position, permissivism, allows distinct rational agents to adopt differing attitudes towards a proposition given the same body of evidence. We assess various motivations that have been offered for Uniqueness, including: concerns about achieving consensus, a strong form of evidentialism, worries about epistemically arbitrary influences on belief, a focus on truth-conduciveness, and consequences for peer (...) disagreement. We argue that each of these motivations either misunderstands the commitments of permissivism or is question-begging. Better understanding permissivism makes it a much more plausible position. (shrink)

Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (shrink)

The problem of variability concerns the fact that empirical data does not support the existence of a coordinated set of biological markers, either in the body or the brain, which correspond to our folk emotion categories; categories like anger, happiness, sadness, disgust and fear. Barrett (2006a, b, 2013, 2016, 2017a, b) employs this fact to argue (i) against the faculty psychology approach to emotion, e.g. emotions are the products of emotion-specific mechanisms, or “modules”, and (ii) for the view that emotions (...) are constructed from domain-general “core systems” with the aid of our folk concepts. The conjunction of (i) and (ii), she argues, heralds a paradigm shift in our understanding of emotion: emotions aren’t triggered but made. In this paper, I argue such a shift is premature for a faculty psychology framework can accommodate the neurobiological variability of emotion. This can be done by treating emotions as developmental modules: non-innate systems which behave like modules, but form as a product of ontogenetic development. (shrink)

Despite the initial strangeness of grouping Iris Murdoch (a Platonist), Martha Nussbaum (an Aristotelian), and Richard Rorty (a pragmatist) together, this paper will argue that these thinkers share a strong commitment to the moral purport of literature. I will also show that their shared idea of moral engagement through literature interlocks the individual’s sense of self and the world of others. After considering their accounts, I will conclude by raising the question of literature’s moral limits.

Martha Nussbaum argues that animals are entitled to a flourishing life according to the norm for their species. Nussbaum furthermore suggests that in the case of dogs, breed norms as well as species norms are relevant. Her theses capture both common intuitions among laypeople according to which there is something wrong with the breeding of “unnatural” animals, or animals that are too different from their wild ancestors, and the dog enthusiast’s belief that dogs departing from the norms for their (...) breed are tragic. I argue that the high diversity of the dog species and the ultimate arbitrariness of breed norms support the thesis that a conception of welfare must be tied to what the individual requires in order to flourish. In the second part of the paper, I discuss the implications that an individualized welfare conception has for the breeding of dogs for conformation shows, for the pet market and for the performance of various tasks for which we need working dogs. (shrink)

Capability approach pioneers Amartya Sen and Martha Nussbaum both recognize empowerment as an important aspect of human development. They seem to disagree, however, about how empowerment should be represented within the capability approach (CA). This essay is concerned with the analysis of the foundational concepts at work within Sen and Nussbaum’s CAs. Part One concerns the key concepts of empowerment at work in Sen’s CA and has three goals. 1) Clarify Sen’s various empowerment concepts. 2) Argue that Sen’s concept (...) of Realize Agency Success is flawed. 3) Make clear that empowerment in Sen’s approach can be helpfully understood in terms of agency and capability set expansion. Part Two considers Nussbaum’s CA and the debate over whether it can account for empowerment. I conclude that not only can Nussbaum’s CA account for empowerment, but that the role of empowerment in both Sen’s and Nussbaum’s CAs can be understood in terms of agency and capability set expansion. In other words, Sen and Nussbaum actually agree about empowerment at the foundational level. (shrink)

Richard Feldman has proposed and defended different versions of a principle about evidence. In slogan form, the principle holds that ‘evidence of evidence is evidence’. Recently, Branden Fitelson has argued that Feldman’s preferred rendition of the principle falls pray to a counterexample related to the non-transitivity of the evidence-for relation. Feldman replies arguing that Fitelson’s case does not really represent a counterexample to the principle. In this note, we argue that Feldman’s principle is trivially true.

Could emotions be a uniquely human phenomenon? One prominent theory in emotion science, Lisa Feldman Barrett’s Theory of Constructed Emotion (tce), suggests they might be. The source of the sceptical challenge is that tce links emotions to abstract concepts tracking socio-normative expectations, and other animals are unlikely to have such concepts. Barrett’s own response to the sceptical challenge is to relativize emotion to the perspective of an interpreter, but this is unpromising. A more promising response may be to amend (...) the theory, dropping the commitment to the abstract nature of emotion concepts and allowing that, like olfactory concepts, they have disjunctive sensory groundings. Even if other animals were emotionless, this would not imply they lack morally significant interests. Unconceptualized valenced experiences are a sufficient basis for morally significant interests, and such experiences may occur even in the absence of discrete, constructed emotions. (shrink)

The paper addresses some of the aspects of the neo-Aristotelian concept of good on the basis of Martha Nussbaum’s capabilities approach. The author’s general thesis is that the idea of good organizes its normativity along two vectors pointed towards nature and emancipation, which are interlinked, that is — the normativity of the good is always organized by both of them and it is inappropriate to refer to one of them only. This fault is made, the author believes, by Nussbaum (...) who does not offer enough resources to establish a sound naturalistic evaluative standard in her theory. To address this issue the author starts by discussing the capabilities approach as a form of the concept of good and proceeds by analysing Nussbaum’s view on family as an exemplar of the inadequacies of the approach. (shrink)

This dissertation examines the idea of _ethical revaluation_ — taking things we normally see as good for our flourishing and seeing them as neutral or bad, and vice versa — in the Mahāyāna Buddhist thinker Śāntideva. It shows how Śāntideva’s thought on the matter is more coherent than it might otherwise appear, first by examining the consistency of Śāntideva’s own claims and then by applying them to contemporary ethical thought. In so doing, it makes four significant contributions. Śāntideva claims that (...) property and relationships are bad for us because they promote attachment, and that others’ wrongdoing is good for us because it allows us to generate patient endurance. Yet he also urges his readers to give property to others, and to prevent their wrongdoing. Is he caught in contradiction? The dissertation argues that he is not, because giving to others is not intended to benefit them materially, but rather to produce beneficial mental states in them, and preventing wrongdoing is intended to benefit the wrongdoer and not the victim. In both cases, Śāntideva emphasizes individual action in a way that makes social or political action more difficult to justify. The dissertation’s first contribution is to show how this interpretation of Śāntideva contrasts notably with standard presentations of Mahāyāna ethics. Its second contribution is to refute claims that Buddhists have no normative ethics. Śāntideva’s resolutions of these apparent contradictions also have relevance for contemporary ethical thought. Martha Nussbaum argues against an ethical revaluation similar to Śāntideva’s, on the grounds that such a revaluation makes it contradictory to argue for providing goods to others, preventing others’ wrongdoing or engaging in political action. Śāntideva’s views show that ethical revaluation is a more sustainable position than these criticisms of Nussbaum’s would imply; if it is to be rejected, it must be rejected on other grounds. To show this point is the dissertation’s third contribution. The fourth contribution is methodological; by finding similarities of concern and differences of opinion between Śāntideva and a contemporary thinker, it helps bridge the gap between normative and comparative religious ethics. (shrink)

Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the (...) body as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory. (shrink)

This paper offers a critique of Martha Nussbaum’s description of the capability approach, and offers an alternative. I will argue that Nussbaum’s characterization of the capability approach is flawed, in two ways. First, she unduly limits the capability to two strands of work, thereby ignoring important other capabilitarian scholarship. Second, she argues that there are five essential elements that all capability theories meet; yet upon closer analysis three of them are not really essential to the capability approach. I also (...) offer an alternative description of the capability approach, which is called the cartwheel view of the capability approach. This view is at the same time radically multidisciplinary yet also contains a foundationally robust core among its various usages, and is therefore much better able to make the case that the capability approach can be developed in a very wide range of more specific normative theories. Finally, the cartwheel view is used to argue against Nussbaum's claim that all capabilitarian political theory needs to be politically liberal. (shrink)

Among those who reject the Epicurean claim that death is not bad for the one who dies, it is popularly held that death is bad for the one who dies, when it is bad for the one who dies, because it deprives the one who dies of the good things that otherwise would have fallen into her life. This view is known as the deprivation account of the value of death, and Fred Feldman is one of its most prominent (...) defenders. In this paper, I explain why I believe that Feldman’s argument for the occasional badness of death fails. While staying within an Epicurean framework, I offer an alternative that adequately accounts for a significant range of widely held intuitions about prudential value. My account implies that death is almost always good for the one who dies, yet often less good than not dying. Finally, I discuss some puzzles that remain for my account and hint at possible ways to address them. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to ignore (...) the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

Earl Conee and Richard Feldman have recently argued that the evidential support relation should be understood in terms of explanatory coherence: roughly, one's evidence supports a proposition if and only if that proposition is part of the best available explanation of the evidence. Their thesis has been criticized through alleged counterexamples, perhaps the most important of which are cases where a subject has a justified belief about the future. Kevin McCain has defended the thesis against Byerly's counterexample. I argue (...) that McCain's defense is inadequate before pointing toward a more promising solution for explanationism. The Byerly–McCain exchange is important because it casts light on the difficult issues of the standards for justification and the nature of epistemic support. Furthermore, McCain's defense of explanationism about epistemic support represents an important recent development of the burgeoning explanationist program in epistemology and philosophy of science. (shrink)

In A Theory of Justice, John Rawls discusses “the problem of envy”, namely the worry that the well-ordered society could be destabilized by envy. Martha Nussbaum has proposed, in Political Emotions: Why Love Matters for Justice, that love, in particular what she calls civic friendship, is the solution to this problem. Nussbaum’s suggestion is in accordance with the long-standing notion that love and envy are incompatible opposites, and that the virtue of love is an antidote to the vice of (...) envy. I argue that this idea is misguided, and that love and envy are opposite sides of the same coin: what Kant called “unsociable sociability”. Love and envy arise from the same psychological mechanisms and thrive in the same social and personal conditions; thus, it’s not possible to have one without the other. However, there are other solutions to the problem of envy, including favoring the arousal of emulative envy. -/- . (shrink)

In the essay “Reasonable Religious Disagreements,” Dr. Richard Feldman examines reasonable disagreements between peers. More specifically, he asks whether such disagreements are possible, and also whether the parties to such a disagreement could think that both their own belief and the belief of their peer with whom they disagree are reasonable. Feldman argues that there cannot be any such thing as a reasonable disagreement, and furthermore, that the parties to a disagreement are not epistemically licensed to think that (...) their own belief and their opponents belief are both reasonable. As Feldman notes, “open and honest discussion seems to have the puzzling effect of making reasonable disagreement impossible”. My project herein will be (in §2) to explain Feldman’s notion of a reasonable disagreement, and then reconstruct and assess his argumentation, and (in §3) advance three objections to Feldman’s argument. I will focus on denying Feldman’s answer to his first question—that reasonable disagreement between peers is not possible—and my suggestion is that if any of these three objections to Feldman’s argument go through, then the argument falls. And if Feldman’s argument falls, then his argument no longer provides grounds for our thinking that reasonable disagreement is impossible. (shrink)