When comparing alternative courses of action, modern military decision makers often must consider both the military effectiveness and the ethical consequences of the available alternatives. The basis, design, calibration, and performance of a principles-based computational model of ethical considerations in military decision making are reported in this article. The relative ethical violation (REV) model comparatively evaluates alternative military actions based upon the degree to which they violate contextually relevant ethical principles. It is based on a set of specific ethical principles (...) deemed by philosophers and ethicists to be relevant to military courses of action. A survey of expert and non-expert human decision makers regarding the relative ethical violation of alternative actions for a set of specially designed calibration scenarios was conducted to collect data that was used to calibrate the REV model. Perhaps unsurprisingly, the survey showed that people, even experts, disagreed greatly amongst themselves regarding the scenarios’ ethical considerations. Despite this disagreement, two significant results emerged. First, after calibration the REV model performed very well in terms of replicating the ethical assessments of human experts for the calibration scenarios. The REV model outperformed an earlier model that was based on tangible consequences rather than ethical principles, that earlier model performed comparably to human experts, the experts outperformed human non-experts, and the non-experts outperformed random selection of actions. All of these performance comparisons were measured quantitatively and confirmed with suitable statistical tests. Second, although humans tended to value some principles over others, none of the ethical principles involved—even the principle of not harming civilians—completely overshadowed all of the other principles. (shrink)

This article integrates John Dewey’s _Art as Experience_, Mikel Dufrenne’s _Phenomenology of Aesthetic Experience_, and phenomenological interviews with museum visitors to answer what it means to be ‘moved by art’. The interviews point to intense affective and existential experiences, in which encounters with art can be genuinely transformative. We focus on Dufrenne’s notion of ‘adherent reflection’ and Dewey’s notions of ‘doing and undergoing’ to understand the intentional structure and dynamics of such experiences, concluding that being moved contains two merged (...) forms of intentionality: one overt aspect of perceptual intentionality directed at the work, and a covert affective intentionality directed back at oneself in one’s situated existence. These are operational simultaneously but can work in loops, one leading to an intensification of the other and vice versa. As such, these analyses emphasize the value of phenomenological interviews and advance the integration of phenomenological and pragmatist thinking in the context of aesthetic experience. (shrink)

It is widely agreed that hypocrisy can undermine one’s moral standing to blame. According to the Nonhypocrisy Condition on standing, R has the standing to blame some other agent S for a violation of some norm N only if R is not hypocritical with respect to blame for violations of N. Yet this condition is seldom argued for. Macalester Bell points out that the fact that hypocrisy is a moral fault does not yet explain why hypocritical blame is standingless blame. (...) She raises a challenge: one must explain what is distinct about hypocritical blame such that the hypocritical blamer lacks the standing to blame, even if the arrogant or petty blamer does not. Of those writing on hypocrisy, only we offer a direct response to Bell’s challenge. Recently, however, our account has come under criticism. We argue here that (1) our account can handle these criticisms and that (2) no other rival account adequately addresses Bell’s challenge of explaining what is uniquely objectionable about hypocritical blame. Because answering Bell’s challenge is a necessary component of any plausible account of the relationship between hypocrisy and standing, our account remains the best on offer. (shrink)

“Don’t measure a gentleman’s heart with a petty man’s scheming” is an old Chinese adage describing the cognitive bias towards others based on one’s egocentric and negative worldview.

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of (...) proof, instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

This chapter examines Wittgenstein’s battles with the profound anxiety that can arise in response to a sense of the radical contingency of everything one is and everything one cares about. By giving particular attention to entries in Wittgenstein’s ‘Koder Diaries’ from the 1930s, the chapter analyses the nature of ‘the problem of life’ both as it manifested in Wittgenstein’s own life and as a universally relevant problem. It then defends the seriousness of the problem by reconstructing ways in which Wittgenstein (...) might have responded to questions about whether life really is as problematically precarious as his most angst-ridden diary entries seem to presume. (Abstract adapted from Mikel Burley’s ‘Introduction: Wittgenstein, Religion and Ethics: Seeing the Connections’, p. 7). (shrink)

Dance, as a mode of physical interaction, offers opportunities to care and be cared for, but this does not mean that dancers will, in fact, care. There may be no moral motivation underlying a lift, dip or intricate sequence of coordinated action. Choreographic scores may (knowingly or not) encourage merely perfunctory movements that are a poor simulacrum to care. Moreover, the caring that is expressed through dance need not transfer to other walks of life. I am not alone in knowing (...) spectacularly talented dancers whose behaviour off the dance floor is far from ethical – from the arrogant and petty to the flagrant abuse that plagues institutions of art and culture. This article considers how dance can illuminate both the acts and sentiments of care, conveying particular ethical orientations that trouble straightforward, absolute moral reasoning. The article frames an enquiry into the relation between ethics and aesthetics of care, drawn from feminist epistemologists Joan Tronto, Maurice Hamington, and Nel Noddings, as well as my own performance research on partnering. I frame a zone between technique and competence, foregrounding care in dance as both a technical and ethical issue. I will consider the necessary conditions by which dancing together can manifest care, rather than suggest blanketly that it always does or even that it should. To make this argument, I will describe and analyse Considered Care, a duet I created in the autumn of 2021 in collaboration with Boston Ballet. This performance research project provided the material from which to consider the concept of need, a condition of care in a dancing situation. I will conclude by considering the relationship between needs and trust in conceptualizing care within partnering. (shrink)

In this paper I revisit a dispute between Mikel Burley and Robin Le Poidevin about whether or not the B-theory of time can give its adherents any reason to be less afraid of death. In ‘Should a B-theoretic atheist fear death?’, Burley argues that even on Le Poidevin’s understanding of the B-theory, atheists shouldn’t be comforted. His reason is that the prevalent B-theoretic account of our attitudes towards the past and future precludes treating our fear of death as unwarranted. (...) I examine his argument and provide a tentative defense of Le Poidevin. I claim that while Burley rightly spots a tension with a non-revisionary approach to our ordinary emotional life, he doesn’t isolate the source of that tension. The real question is how to understand Le Poidevin’s idea that on the B-theory, we and our lives are ‘eternally real’. I then suggest that there is a view of time that does justice to Le Poidevin’s remarks, albeit a strange one. The view takes temporal relations to be quasi-spatial and temporal entities to exist in a totum simul. (shrink)

Music, alongside ritual, plays an important role in Confucian moral education. Among all the Confucians, Xunzi gives music the most radical ability to transform people, and this is striking given his pessimistic view of human nature. Though he set the standard for Chinese aesthetics for millennia, there’s no systematic account that brings together Xunzi’s various commitments: that only music from virtuous previous dynasties are morally conducive, that music can bring about lasting character change, that even those uninterested in moral cultivation (...) can benefit from music, and that the junzi (“gentleman”) and the xiaoren (“petty man”) derive joy in different ways while listening to music. In this article, I explain why currently existing accounts can’t capture all the commitments, and I turn to analytic aesthetics to provide a new Dual-Process Model of Xunzi’s philosophy of music. Jenefer Robinson’s discussions of “the Jazzercise effect” and emotional misattribution will be key in the new account. (shrink)

Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements (...) of civil liberty by such departments could be reduced if the departments looked at law more as a good to be served for its own sake and less as an instrument for the promotion of order. In other words, a shot of legalism is the correct medicine to reduce police misconduct that pierces the law’s protections of citizen freedom. -/- This Article contributes to the critical literature on broken windows policing by reassessing the work of the famous Harvard scholar (James Q. Wilson) who fathered it. The Article takes Wilson’s work and turns it on its head, drawing very different prescriptive conclusions than he did himself. (shrink)

Spite is typically considered a vicious emotion that causes us to engage in petty, vindictive, and sometimes self-destructive behavior. Even though it has this bad reputation, I will argue that spite is a reactive attitude. Spite is emotional defiance of another’s command: to spite you, I will do something exactly because you told me not to. Our liability to feelings of spite presupposes that we recognize others as having practical authority, which is why it qualifies as a reactive attitude. (...) I conclude by offering conditions under which spite can be justified and unjustified. (shrink)

The value of up-hill skiing is double, it is first a sport and artistic expression, second it incorporates functional dependencies related to the natural obstacles which the individual aims to overcome. On the artistic side, M. Dufrenne shows the importance of living movement in dance, and we can compare puppets with dancers in order to grasp the lack of intentional spiritual qualities in the former. The expressivity of dance, as for, Chi Gong, ice skating or ski mountaineering is a particular (...) innocence and lightness which is called grace. It is life without the burden of worries. Grace, in slow progression uphill on snow, is as dance for Dufrenne, it has the most central and specific aesthetical quality of life. Others compared dance to a landscape, a landscape is for the sight, what dance is for life, a symbolical space, different from a usual space, where utility and dependency are present. A mountain can be a space of experience of natural beauty. Aesthetical qualities can be closely related to function related qualities as when a climber needs to adjust his movements to the natural convex inclination of the rocks, and avoid slippery forms of inclination, present on the other side of the mountain. The natural object, the quality of the snow or the rock differ from the aesthetical quality of the style of ascent by the absence of neutralization of the object, in case of a purely instrumental approach. On the contrary, grace in the rhythm of the progression of ski climbers needs a difference of attitude, which is not only proper to the playing, and delimited by the conditions of that play, but as a contingency driven attitude, without signification as radical alterity, without any finality. First ascent of the Matterhorn succeeded from the Swiss side, and not from the Italian side because of the different inclination of the rock on both sides. Grace in dance as in martial art or mountaineering is allowing to perceive an autonomy of the expression, as the truth of the perceived object, it puts away a cognitive and practical orientation and replaces it by a new meaning as movement in the whole set of movements done by the climber. This replacement of the functional expression resembles that operated by the painter who chooses a color in the whole set of colors in a painting, or a shape in the whole set of possible existing shapes. -/- Ref. Dufrenne, Mikel, (1989): The Phenomenology of Aesthetic Experience. Studies in Phenomenology and Existential Philosophy, trans. by Edward S. Casey, 1st publ. in 1953, Evanston: Northwestern University Press. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' War, (...) a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

In recognizing the wide range of sensuous perception and at the same time the originary capacity of aesthetic experience, Mikel Dufrenne has shown us the rich capabilities of phenomenology. It is in that spirit that this essay explores musical performance. Music is a multiple art. Its many traditions, forms, genres, and styles, its large variety of instruments and sounds, and its diverse uses and occasions make it difficult to speak of music as a single art form. There are, nonetheless, (...) certain common characteristics that all musics share in the ordering of successive sounds and silences in movement, pattern, and studied length. And, of course, these sounds and silences must be devised and generated, usually by a person but increasingly by other means, especially electronic. Finally, music has its contexts, the particular occasions when it is produced and heard. Perhaps there is indeed a generic musical art, a common ground where all these disparities come together. (shrink)

Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of (...) proof, instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society. (shrink)

Music presents itself as a process, a continuation, following through. Musical works and music experience is perceived as development, succession, dialogical reaching out and harmonizing. Not one process but many. Among those various processes that make music the author focuses on a specific process of human development, which occurs during listening as much as during performing music. This is a process of growing and self-realization. In the course of the paper following the processual character of music, author turns to Maurice (...) Merleau-Ponty and Mikel Dufrenne in the phenomenological tradition, to Jerrold Levinson and his understanding of music through a listening moment to moment process and also to Theodor Adorno and his way of explaining music as a process of dialectical development. (shrink)

This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty (...) officials, who are therefore not sufficiently constrained by law. But the paper looks beyond the discretion of petty officials and argues that, in a way, the biggest threat to legality of our age comes from the proliferation of contractual norms, and the increasing diversion of contractual dispute-resolution into arbitration (and other ADR processes). The paper argues that those who rely on the law to recognise contracts should be subjected to an non-excludable jurisdiction of the courts in respect of all questions of law arising under those contracts, including their proper legal meaning. A compulsory arbitration clause, in other words, should be valid only subject to extensive judicial review of the arbitrator’s decisions. It is argued that contractual arbitration (and other ADR) that does not meet this condition is free-riding on the work of courts and professional lawyers, and should be regarded as antisocial – and that this is true even when it does more perfect justice between the parties. (shrink)

The album Echo was produced in a depressed, drug-riddled phase when Tom Petty’s first marriage was ending and his physical condition so degraded that he took to using a cane. Petty filmed no videos, avoided playing the album’s songs on the follow-up tour and reported little memory of its making. The thoughtfulness and self-reflection that traumatic circumstances spur distinguish the album. So too does the tendency to look backwards in times of crisis, whether in hopes of finding solidity (...) in the past or just out of exhausted inability to cope with the present. -/- While melancholically creative, the album might be regarded as an echoing of past musical fragments. The sprightly mix of acoustic and electric guitars, the backing vocal harmonies and the stories of loss in songs such as “Won’t Last Long” and “This One’s for Me” harken to Petty’s albums from the late 80s to mid-90s. “Accused of Love” similarly contains echoes of Petty’s more upbeat work, but with depressing lyrical undertones. The production qualities and lyrics of “Rhino Skin” recollect “Asshole,” a Beck cover from Petty’s previous album. “I Don’t Wanna Fight”—a Heartbreakers performance composed and sung by Mike Campbell—returns to the hard driving rock of Damn the Torpedoes. The lyrics, straight-laced drums and layered drones of electric guitars of “Free Girl Now” go back further to “American Girl,” which itself was influenced by psychedelic music. At the same time, all of this typifies Petty’s oeuvre. Throughout his career, he made music steeped in past rock traditions. He was also a seminal figure in Southern rock, with its emphatically nostalgic character. -/- The crisis that Petty was experiencing echoes throughout the album in more specific ways, with many songs repeating the theme of being up or down, high or low. The theme of fighting or not wanting to has an especially strong echo, showing up in “Swingin’,” “Billy the Kid” and “I Don’t Wanna Fight.” These songs, in turn, exhibit nostalgia for past icons, with protagonists going down hard like Billy the Kid; or going down swinging like Sonny Liston; or again like Benny Goodman, Glenn Miller and Sammy Davis in a punny reference to the swing era. -/- The retrospective feel of the album is one of looking to the past for the sake of self-preservation in the present, along lines discussed by Nietzsche. While symptomatic of illness, Nietzsche maintains this movement “springs from the protective instinct of a degenerating life which tries by all means to sustain itself and to fight for existence.” This seeming denial of growth can, as Nietzsche continues, be “among the greatest conserving and yes-creating forces of life.” Petty clearly associated Echo with personal grief, refusing to listen to it for years. As with many other examples of art, however, the album was also a way of surviving and growing beyond a present trauma, and one more specifically that compelled him to overcome an important part of his past, namely, his wife of 20-plus years. One can speculate that clinging to fragments of the past—musical and otherwise—was a way of coping with a difficult present and a fading past. (shrink)

One of the central strengths of Salem's analysis of Nasserism is that she recognizes both its world-historical significance as a progressive nationalist movement, and its severe limitations. In the first section of this paper, I discuss Salem's notion of the "afterlives" of the Nasserist project by drawing attention to one of the most debilitating legacies of that project, namely the transformation of Egyptian politics into petty bourgeois politics. In the second section, I argue that while Salem does not explicitly (...) draw on Hegel's understanding of tragedy in her account of Nasserism, her analysis of Nasserism essentially amounts to depicting it as a Hegelian tragedy. By placing Salem's book in conversation with Hegel (and his philosophy of action), we can make explicit what I take to be one of the central claims made by Salem, namely that when passing judgment on past and present national liberation movements we should remember that innocence is "only non-action, like the mere being of a stone" [nur das Nichttun wie das Sein eines Steines] (Hegel 1986, 346). In the third section of this paper, I raise some critical points about Salem's characterization of the nationalism that was associated with the Nasserist project, as well as about the deployment of the concept of modernity in her analysis. I argue that her account of modernity in the book does not distinguish between the concept of modernity as it refers to a certain kind of normative philosophical discourse, and modernization theory qua theory of development. Finally, I draw on Salem's use of the concept of hegemony in order to pose a question regarding the political significance of the contemporary cultural hegemony of Islamist movements in Egypt. (shrink)

We propose a natural definition of what it means in a constructive context for a Banach space to be reflexive, and then prove a constructive counterpart of the Milman-Pettis theorem that uniformly convex Banach spaces are reflexive.

In recent decades, the internet has become our predominant public space and yet the role of art in this space remains largely unthought. This paper argues that graphic art, and in particular digital graphic art, has great power to shape and transform our thinking and experience. But with that power comes an enormous political and ethical responsibility, a responsibility too often ignored by programmers and computer scientists. This paper uses the work of Denis Schmidt and Jacques Taminiaux as important resources (...) for developing a Heideggerian response to this lack. (shrink)

This essay addresses the question of virtual church, particularly on whether or not liturgy can be done virtually. We will approach our subject from a somewhat unusual perspective by looking to types of aesthetic experiences which we have been doing “virtually” for a long time. By exploring how we experience art in virtual and physical contexts, we gain insight into the corresponding experiences in liturgical practices. Drawing on Mikel Dufrenne, Maurice Merleau-Ponty and Gabriel Marcel, I first examine the importance (...) of the body when we experience “presence” in aesthetic environments. Next, I consider the weight of the body in experiences of presence in liturgical practices, both in person and virtual, guided again by Gabriel Marcel as well as Bruce Ellis Benson, Emmanuel Falque, Christina Gschwandtner and Éric Palazzo. Through these reflections, I argue that what art teaches us about the significance of the physical closeness of the human applies to the practice of liturgy and that, while unexpected benefits will surface in virtual settings, nothing replaces the powerful experiences that arise when the body is physically present. (shrink)

A materialist criticism of the interpretation of American history offered by Charles A. Beard finds that both the strengths and the weaknesses of the Progressive — or rather Populist — historians can be deduced from their character as intellectual representatives of the old middle class of petty proprietors. This class was especially influential in American history due to the presence of the "frontier," the petit-bourgeois regime of landed property, and the special character of American class coalitions. The way out (...) of the current impasse in American historical studies is to develop a materialist interpretation of American history having the peculiarities of U. S. capitalist development as its central theme and drawing on the insights provided by the Populist historians and their New Left critics. (shrink)