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

Disagreement over what exists is so fundamental that it tends to hinder or even to block dialogue among disputants. The various controversies between believers and atheists, or realists and nominalists, are only two kinds of examples. Interested in contributing to the intelligibility of the debate on ontology, in 1939 Willard van Orman Quine began a series of works which introduces the notion of ontological commitment and proposes an allegedly objective criterion to identify the exact conditions under which a theoretical discourse (...) signals an assumption of existence. I intend to present the concept of ontological commitment and the Quinean criterion, to expose and evaluate some of the many criticisms to which the criterion has subject and to situate it in the context of Quine’s philosophy. As a product of such analyses, I hope to contribute to the discussion on the application and relevance of the notion of ontological commitment. (shrink)

Michael Tye proposed a way of understanding the content of hallucinatory experiences. Somewhat independently, Mark Johnston provided us with elements to think about the content of hallucination. In this paper, their views are compared and evaluated. Both their theories present intricate combinations of conjunctivist and disjunctivist strategies to account for perceptual content. An alternative view, which develops a radically disjunctivist account, is considered and rejected. Finally, the paper raises some metaphysical difficulties that seem to threaten any conjunctivist theory and to (...) lead the debate to a dilemma: strong disjunctivists cannot explain the subjective indistinguishability between veridical and hallucinatory experiences, whereas conjunctivists cannot explain what veridical and hallucinatory experiences have in common. This dilemma is left here as an open challenge. (shrink)

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

The most prominent theories of perceptual content are incapable of accounting for the phenomenal particularity of perceptual experience. This difficulty, or so I argue, springs from the absence of a series of distinctions that end up turning the problem apparently unsolvable. After briefly examining the main shortcomings of representationalism and naïve realism, I advance a proposal of my own that aims to make the trivial fact of perceptually experiencing a particular object as such philosophically unproblematic. Though I am well aware (...) of the sketchy and schematic way in which my proposal is advanced and the other alternatives are criticized, I hope this paper is still worth its ink at least insofar as it is capable of pointing to a novel and promising way out of old and resilient difficulties that have been haunting philosophers of perception. If not a fully developed theory, at least I deliver here a sketch that, or so I sell, is worth the bet. (shrink)

This papers aims at clarifying some misunderstandings that seem to block an adequate account of de re thoughts within the Fregean framework. It is usually assumed that Fregean senses cannot be de re, or dependent upon objects. Contrary to this assumption, Gareth Evans and John McDowell have claimed that Fregean de re senses are not just possible, but in fact the most promising alternative for accounting for de re thoughts. The reasons blocking this alternative can be traced back to Russellian (...) considerations that contaminated the interpretation of Frege. This contaminated understanding is first detected in Tyler Burge’s distinction between de dicto and de re, then connected to the motivations behind David Kaplan’s notion of character, and finally found in John Searle’s descriptivist account. The difficulty in understanding de re thoughts is, roughly speaking, a side effect of the misunderstanding of the boundaries separating internal and external elements of thoughts, as well as the distinction between mental content and means of representation. (shrink)

Jesse Prinz (2006, 2007) claimed that emotions are necessary and sufficient for moral judgments. First of all, I clarify what this claim amounts to. The view that he labels emotionism will then be critically assessed. Prinz marshals empirical findings to defend a series of increasingly strong theses about how emotions are essential for moral judgments. I argue that the empirical support upon which his arguments are based is not only insufficient, but it even suggests otherwise, if properly interpreted. My criticism (...) is then extended to his sentimentalist theory, that accounts for how emotions are integrated into moral judgments. The central problem is that Prinz’s view fails to capture the rational aspect of moral evaluation. I make this failure explicit and defend that some version or other of neosentimentalism is a more promising route. (shrink)

The goal of this essay is to evaluate the claim that it is possible to acquire inferential knowledge from false belief. In order to do so, we explain the main problem and some preliminaries notions in the first chapter. In the second chapter, we evaluate the reasons against the possibility of knowledge from falsehood. In the final chapter, we examine the reasons for the possibility of knowledge from falsehood.

The view that perceptual experience has representational content, or the content view, has recently been criticized by the defenders of the so-called object view. Part of the dispute, I claim here, is based on a lack of grasp of the notion of content. There is, however, a core of substantial disagreement. Once the substantial core is revealed, I aim to: (1) reject the arguments raised against the content view by Campbell (2002), Travis (2004), and Brewer (2006); (2) criticize Brewer’s (2006, (...) 2007, 2008, 2011) attempts to defend the object view; (3) refine Pautz’ (2007, 2008, 2009, 2010, 2011) arguments against the object view, which mainly resort to the fact that it cannot account for the grounding role of hallucinatory experiences; (4) and finally adjudicate in favor of the content view and against the overestimation of the naïve intuition. (shrink)

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

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

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

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

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

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

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

The thesis evaluates a contemporary debate concerning the very possibility of thinking about the world. In the first chapter, McDowell's critique of Davidson is presented, focusing on the coherentism defended by the latter. The critique of the myth of the given (as it appears in Sellars and Wittgenstein), as well as the necessity of a minimal empiricism (which McDowell finds in Quine and Kant), lead to an oscillation in contemporary thinking between two equally unsatisfactory ways of understanding the empirical content (...) of thought. In the second chapter, I defend Davidson's approach, focusing on his theory of interpretation and semantic externalism, as well as on the relation between causes and reasons. In the third chapter, the debate is analyzed in more detail. I criticize the anomalous monism, the way in which the boundaries between the conceptual and the non-conceptual are understood by Davidson, as well as the naturalized Platonism defended by McDowell. This thesis is mainly negative, and it concludes by revealing problems in both positions under evaluation. (shrink)

Prudential hedonism is a school of thought in the philosophy of welfare that says that only pleasure is good for us in itself and only pain is bad for us in itself. This dissertation concerns an especially austere form of prudential hedonism: basic prudential hedonism (BPH). BPH claims that all pleasure is good for us in itself, and all pain is bad for us in itself, without exception; that all pleasures feel fundamentally alike, as do all pains; and that the (...) amount of welfare in a person’s life can (in principle) be calculated just by adding up the amount of pleasure it contains and subtracting the amount of pain. The dissertation presents a positive argument for the claim that pleasures and pains are defined by common phenomenal properties, defends BPH against a battery of objections, and outlines an argument for accepting BPH on the grounds that it is simpler than competing views. (shrink)

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

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

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

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

Many philosophers have wrongly assumed that there is an asymmetry between the problem of induction and the logocentric predicament (the justification of deductive inferences). This paper will show that the demand for justification, for the very inferences that are required for justification, is deeply problematic. Using a Wittgensteinian approach, I will argue that justification has an internal relation with deductive and inductive inferences. For Wittgenstein, two concepts are internally related if my understanding of one is predicated on my understanding of (...) the other. Separating the two concepts so that one can be applied to the other is then a misunderstanding of role that these concepts play. (shrink)

The behavior/structure methodological dichotomy as locus of scientific inquiry is closely related to the issue of modeling and theory change in scientific explanation. Given that the traditional tension between structure and behavior in scientific modeling is likely here to stay, considering the relevant precedents in the history of ideas could help us better understand this theoretical struggle. This better understanding might open up unforeseen possibilities and new instantiations, particularly in what concerns the proposed technological modification of the human condition. The (...) sequential structure of this paper is twofold. The contribution of three philosophers better known in the humanities than in the study of science proper are laid out. The key theoretical notions interweaving the whole narrative are those of mechanization, constructability and simulation. They shall provide the conceptual bridge between these classical thinkers and the following section. Here, a panoramic view of three significant experimental approaches in contemporary scientific research is displayed, suggesting that their undisclosed ontological premises have deep roots in the Western tradition of the humanities. This ontological lock between core humanist ideals and late research in biology and nanoscience is ultimately suggested as responsible for pervasively altering what is canonically understood as “human”. (shrink)

O objetivo deste artigo é responder a duas objeções que podem ser feitas à explicação do anulabilismo falibilista referente à possibilidade de conhecimento inferencial originado em falsidade (KFF). A primeira objeção é que a ausência de restauradores indica a incompletude da explicação anulabilista falibilista de KFF, enquanto a segunda é que o experimento mental de KFF viola o Princípio Resistência à Verdade* (RV*) – a principal tese do anulabilismo falibilista. Na primeira seção, explicarei no que consiste o debate acerca da (...) possibilidade de conhecimento inferencial a partir de falsidade; na segunda seção, explicarei o anulabilismo falibilista, desenvolvida por de Almeida (2017); na última seção, desenvolverei os argumentos que podem ser feitos contra o anulabilismo falibilista e explicarei por que não funcionam. (shrink)

The hermeneutical tradition represented by Yorck, Heidegger, and Gadamer has distrusted Dilthey as suffering from the two sins of modernism: scientific “positivism” and individualistic and aesthetic “romanticism.” On the one hand, Dilthey’s epistemology is deemed scientistic in accepting the priority of the empirical, the ontic, and consequently scientific inquiry into the physical, biological, and human worlds; on the other hand, his personalist ethos and Goethean humanism, and his pluralistic life- and worldview philosophy are considered excessively aesthetic, culturally liberal, relativistic, and (...) subjective. This essay involves two tasks in response to this negative evaluation of Dilthey that has shaped our current understanding of his philosophical project; first, an interpretation of the issues at stake in Heidegger’s reception of and struggles with Dilthey. These issues touch upon language, historicity, and the nature of hermeneutics. Second, by pursuing this task in light of Guignon’s interpretation of Dilthey and Heidegger, I hope to question and challenge the “overcoming” of Dilthey’s epistemic and life-philosophical hermeneutics in the “ontological” or “philosophical” hermeneutics of Heidegger. (shrink)

The German Tradition of Self-Cultivation (Bil dung) and its Historical Meaning. This article aims at analysing the historical meaning of the German ideal of self-cultivation (Bildung), considering its different uses and interpretations over time. Based on the historical semantics of Reinhart Koselleck and the bibliography on the subject, it reconstructs the core transformations in its semantic structure from the beginnings in the late Middle Ages to its institutionalization in the German school system in the nineteenth century. The development of the (...) ideal of Bildung in Germany is characterised by the tension between its function as means of integration through education and its function as instrument of social distinction. The reflexion on this educational ideal is presented as a counterpoint to some of the contemporary educational practices, based on the imperatives of the market and the neoliberal management of human capital. (shrink)

In this work, we propose a definition of logical consequence based on the relation between the quantity of information present in a particular set of formulae and a particular formula. As a starting point, we use Shannon‟s quantitative notion of information, founded on the concepts of logarithmic function and probability value. We first consider some of the basic elements of an axiomatic probability theory, and then construct a probabilistic semantics for languages of classical propositional logic. We define the quantity of (...) information for the formulae of these languages and introduce the concept of informational logical consequence, identifying some important results, among them: certain arguments that have traditionally been considered valid, such as modus ponens, are not valid from the informational perspective; the logic underlying informational logical consequence is not classical, and is at the least paraconsistent sensu lato; informational logical consequence is not a Tarskian logical consequence. (shrink)

This paper proposes a critical analysis of the essential criteria to define the concept of the political as presented by German jurist and philosopher, Carl Schmitt. Based on the essence of the political -i.e. the friend-enemy duality-, the objective is to explore the practical implications resulting from the actual possibilities of confrontation, the key scope being the analysis of a totalitarian potential from a Schmittian´s perspective. In Schmitt´s thought, this distinction is the fundamental reason for the definition of the political. (...) Not every opponent is necessarily the enemy --the other one, the unknown- and likely to be physically destroyed and exterminated but only a public enemy (hostis). Given its indeterminate nature, the enemy may be prescribed according to the sovereign design or, in the context of Nazi Germany where Carl Schmitt lived, in accordance with the President of the Reich´s designs. A hypothetical-deductive methodology is used in this work based on bibliographical research, in particular regarding Carl Schmitt´s theoretical constructions. (shrink)

The main objective of this PhD Thesis is to present a method of obtaining strong normalization via natural ordinal, which is applicable to natural deduction systems and typed lambda calculus. The method includes (a) the definition of a numerical assignment that associates each derivation (or lambda term) to a natural number and (b) the proof that this assignment decreases with reductions of maximal formulas (or redex). Besides, because the numerical assignment used coincide with the length of a specific sequence of (...) reduction - the worst reduction sequence - it is the lowest upper bound on the length of reduction sequences. The main commitment of the introduced method is that it is constructive and elementary, produced only through analyzing structural and combinatorial properties of derivations and lambda terms, without appeal to any sophisticated mathematical tool. Together with the exposition of the method, it is presented a comparative study of some articles in the literature that also get strong normalization by means we can identify with the natural ordinal methods. Among them we highlight Howard[1968], which performs an ordinal analysis of Godel’s Dialectica interpretation for intuitionistic first order arithmetic. We reveal a fact about this article not noted by the author himself: a syntactic proof of strong normalization theorem for the system of typified lambda calculus λ⊃ is a consequence of its results. This would be the first strong normalization proof in the literature. (written in Portuguese). (shrink)

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

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