In den Abschnitten X und XI der Dialoge über Natürliche Religion legt Hume seine Ansichten zum traditionellen theologischen Problem des Übels dar. Humes Anmerkungen zu diesem Thema scheinen mir eine reichhaltige Mischung aus Einsichten und Irrtümern zu enthalten. Mein Ziel in diesem Aufsatz besteht darin, diese entgegengesetzten Elemente seiner Diskussion zu entwirren.

In this paper I attempt to capture the essence of Nelson Pike’s contribution to the philosophy of religion. My summary of his insights will revolve around three general topics: omniscience (and in particular its relation to human freedom), omnipotence (and in particular its relation to the existence of human suffering), and mysticism (with a focus on the question of whether and in what sense mystic visions can be sources of knowledge). Although the details vary in interesting ways, his (...) work on these topics largely consists of recognizing an important challenge to the viability of the relevant doctrine or framework, sharpening that challenge by presenting it in a more forceful way, and then offering and assessing potential responses. Pike’s writings are characterized by exemplary rigor and relentless clarity, and together they constitute a rich (and under-appreciated) source of insight. (shrink)

Is Divine Knowledge Incompatible with Human Freedom? An Analysis of Some Arguments The problem that divine omniscience or divine foreknowledge makes free will impossible belongs to notoriously difficult to solve. In XX century one of the most important interpretation of this difficulty was provided by Nelson Pike. If God believes infallibly and in advance how Smith will act, this fact about the past excludes out all alternatives for Smith. But libertarian account of free will requires alternatives possibilities, so, (...) it could be argue that God’s foreknowledge is incompatible with our free will. This paper carefully criticizes Pike’s argumentation and suggests that because God’s foreknowledge doesn’t eliminate future alternatives through causal means, it is compatible with free will and that Pike’s argument and two briefly analyzed standard arguments for fatalism presented by Zagzebski failed. (shrink)

This paper has four parts. First outline seven several questions concerning the relation between God, his goodness, and other philosophically interesting things, especially between attributes of almightiness, goodness, and faith in God, questions different from the main question of this article. The second part presents Aquinas’s account of God’s goodness, with three ways to understand it, as God’s excellence in being, with respect of His creative activity and with respect of the morality of God’s acting. The third part of the (...) article critically examines Nelson Pike’s classical account of the Aquinas-Anselm view of the problem of the possibility of God’s sin and the paradox of omnipotence and goodness. Last part contains argumentation that Pike’s argument is not sound. He shouldn’t so easily reconstruct Aquinas account of absolutely possible as concerning only the result of God’s creative action - some consistent state of affairs, second, the assessment of some agent’s decision/choice/possibility of acting in particular (morally wrong) way should be included in assessment of his power, and Pike's paper doesn’t support enough his conclusion, that Aquinas confused second and third sense of “God cannot sin.” Alternatively, to Pike’s account, I distinguish the fourth sense of the expression in question, present arguments that this meaning is coherent with Aquinas account of omnipotence and goodness of God as well as arguments that this is the concept of divine omnipotent goodness which is the condition of real faith in God. (shrink)

The paper presents some historical (Plato, Aristotle, Plotin, Augustine, Boethius, Aquinas) and main contemporary topics about different accounts of goodness of God understood as ontological goodness, perfection and as ethical goodness - impeccability and benevolence. The arguments for goodness of God are presented, mainly from stance of Thomas Aquinas classical theism as well as arguments against compatibility of essential goodness and omnipotence (N. Pike) and being an moral agent. The article draws perspective of different philosophical issues connected with goodness (...) of God, like a problem of evil, the Euthyphro dilemma, divine command ethics and divine motivation theory. (shrink)

Recent students of mysticism have sharply distinguished monistic from theistic mysticism. The former is more or less identified with the empty consciousness experience and the latter with the love mysticism of such figures as Bernard of Clairvaux. I argue that a sharp distinction between the two is unwarranted. Western medieval mystics, for example, combined the apophatic theology of Dionysius the Areopagite with the erotic imagery of the mystical marriage. Their experiences were clearly theistic but integrally incorporated ”monistic moments’. I conclude (...) by discussing Nelson Pike’s claim that these monistic moments were themselves phenomenologically theistic. (shrink)

The doctrine of the spiritual senses has played a significant role in the history of Roman Catholic and Eastern Orthodox spirituality. What has been largely unremarked is that the doctrine also played a significant role in classical Protestant thought, and that analogous concepts can be found in Indian theism. In spite of the doctrine’s significance, however, the only analytic philosopher to consider it has been Nelson Pike. I will argue that his treatment is inadequate, show how the development (...) of the doctrine in Puritan thought and spirituality fills a serious lacuna in Pike’s treatment, and conclude with some suggestions as to where the discussion should go next. (shrink)

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (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)

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)

This paper excavates the practice-oriented background and therapeutic significance of emptiness in the Madhyamaka philosophy attributed to Nāgārjuna and Sengzhao. Buddhist emptiness unravels experiential and linguistic reification through meditation and argumentation. The historical contexts and uses of the word indicate that it is primarily a practical diagnostic and therapeutic concept. Emptiness does not lead to further views or truths but, akin to yet distinct from Ajñāna and Pyrrhonian skepticism, the suspension of assertion. This sense of emptiness as a practice can (...) be traced in the intercultural transmission of Madhyamaka from Nāgārjuna, its paradigmatic philosopher, to Sengzhao 僧肇, its first pivotal indigenous Chinese representative. (shrink)

Abstract: “Paley before Hume: How Not to Teach the Design Argument” Most philosophy of religion classes discuss the classic design argument for the existence of God, and many of these treat Paley’s Natural Theology (1802) before Hume’s Dialogues Concerning Natural Religion (1779). Following the syllabus of several leading anthologies, I did this for many years, but I now think that is a mistake, because it creates the impression that Hume was responding to Paley. Not only is it obvious on chronological (...) grounds that Hume could not have been responding to Paley; it is just as obvious on textual grounds that the reverse was true: Paley was in fact responding to Hume, and, e.g., carefully crafted a non-analogical version of the argument so as to avoid Hume’s famous criticisms of analogical arguments. (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)

What did Heidegger learn and fail to learn from Laozi and Zhuangzi? This book reconstructs Heidegger's philosophy through its engagement with Daoist and Asian philosophy and offers a Daoist transformation of Heidegger on things, nothingness, and freedom. PDF includes the introduction, bibliography, and index.

While it is philosophically contested whether nonlinguistic animals can have conceptual capabilities, it is also philosophically contested whether one can even empirically test for such capabilities. I draw from Sellars’ work on psychological nominalism to develop an empirically tractable means of distinguishing between tasks that require conceptual capabilities and those that do not. Tasks that require conceptual capabilities are those that require awareness of abstract relations, whereas tasks that can be solved merely through Sellarsian picturing do not. I argue that (...) relational matching-to-sample tasks cannot be solved through picturing and therefore require awareness of the abstract relations of same and different. Crows and amazons have both been able to succeed at relational matching-to-sample tasks; therefore, there are at least some nonlinguistic animals that have conceptual capabilities. Finally, I consider the objection that one cannot attribute conceptual capabilities without also attributing knowledge, and Sellarsian conditions for knowledge are beyond the capabilities of any nonlinguistic animal. In response, I argue that Sellarsian conditions for knowledge only require an implicit grasp of the is/looks distinction and empirical work with chimpanzees on their understanding of the appearance/reality distinction demonstrates that they can meet this standard. Therefore, language is not necessary for meeting Sellarsian conditions for knowledge. (shrink)

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)

I argue that a Kantian inspired investigation into animal morality is both a plausible and coherent research program. To show that such an investigation is possible, I argue that philosophers, such as Korsgaard, who argue that reason demarcates nonhuman animals from the domain of moral beings are equivocating in their use of the term ‘rationality’. Kant certainly regards rationality as necessary for moral responsibility from a practical standpoint, but his distinction between the noumenal and phenomenal means that he can only (...) establish it as a marker for morality from a theoretical standpoint. This means that when it comes to evaluating the moral capabilities of others, rationality can be neither necessary nor sufficient for morality, leaving open the possibility of other empirical markers for moral responsibility. I argue that the higher faculties, character, implicit knowledge of universality, and antecedent practical pleasures (which provide a way to distinguish between morally motivated behaviour and other types of socially motivated behaviour) can all serve as empirical markers for morality. There is empirical evidence that at least some animals have conceptual capabilities and therefore the empirical marker of the higher faculties. In addition, there is suggestive evidence that merits further investigation for the other three markers. While this will not provide a definitive answer on whether animals are capable of acting morally, it will provide a Kantian outlook that can be used to evaluate empirical and philosophical work on animal morality. (shrink)

This paper challenges the standard view that Kant ignored the role of prudence in moral life by arguing that there are two notions of prudence at work in his moral and political thought. First, prudence is ordinarily understood as a technical imperative of skill that consists in reasoning about the means to achieve a particular conditional end. Second, prudence functions as a secondary form of practical thought that plays a significant role in the development of applied moral and political judgment. (...) The political judgment of citizens and politicians is prudence regulatively guided by right and virtue. As informed by regulative ideas, prudential judgment negotiates the demands of these ideas in relation to the cultural, political, and social realities of a particular form of life. This sense of prudence is empirically informed and involves a context-sensitive application of morality as well as conceptions of individual and general welfare. (shrink)

This paper argues that it is prudentially wise to defer to groups about how they are essentially constituted and defined. After a few words situating the paper in my greater research project (§1), I articulate the kind of deference I have in mind (§2). Then I offer two conditional arguments on why it is epistemically desirable to let other people tell you how they ought to be identified (§3). The first argument is that people are owed lexical sovereignty because denying (...) it is absurd; the second is that modest skeptics ought to agree with it on the basis of some relatively anodyne and plausible epistemic considerations. (shrink)

Absolutism—the idea that some kinds of acts are absolutely wrong and must never be done—plays an important role in medical ethics. Nicholas Denyer has defended it from some influential consequentialist critics who have alleged that absolutism is committed to “agent-relative constraints” and therefore intolerably complex and messy. Denyer ingeniously argues that, if there are problems with agent-relative constraints, then they are problems for consequentialism, since it contains agent-relative constraints, too. I show that, despite its ingenuity, Denyer’s argument does not succeed. (...) The defense of absolutism must move to other grounds. (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)

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 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)

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)

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)

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)

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)

This contribution unfolds an existential-ontological response to the question of sexual difference in the context of Heidegger’s formally indicative concept of “Dasein.” The question of Dasein’s “neutrality” concerns how formal indication formalizes, empties, and neutralizes the givenness of factical human existence. Ostensibly “given” biological and anthropological facts, such as sexual difference, are interpreted from an emptied and neutralized perspective that appears abstract and fictional to Heidegger’s critics. How, then, is the “neutrality” of formalizing emptying related to the “facticity” of in (...) each case factically existing as a sexual and gendered being? The answer lies in Heidegger’s elucidation of the existential-ontological structure of Dasein: Dasein is always relationally instituted in its factical entangled life through “being-with.” The sexual difference of human existence is not merely biologically or anthropologically given, but disclosed and enacted according to one’s relations with others, the environment, and oneself. The formally indicating concept “Dasein” indicates, accordingly, the concrete diversity and plurality of individuated sexual and gendered ways of being. (shrink)

Considerable recent research in neurosciences has dealt with the topic of consciousness, even though there is still disagreement about how to identify and classify conscious states. Recent behavioral work on the topic also exists. We survey recent behavioral and neuroscientific literature with the aims of commenting on strengths and weaknesses of the literature and mapping new directions and recommendations for experimental psychologists. We reconcile this literature with a view of human information processing (Cowan, 1988; Cowan et al., 2024) in which (...) a capacity-limited focus of attention is embedded within the activated portion of long-term memory, with dual bottom-up and top-down control of the focus of attention. None of the many extant theories fully captures what we propose as the organization of conscious thought at cognitive and neural levels. It seems clear that information from various cognitive functions, based on signals from various brain areas, is integrated into a conscious whole. In our new proposal, the integration involves funneling information to a hub or focus of attention neurally centered in the parietal lobes and functionally connected to areas representing the currently attended information. This funneling process (bringing information from diverse sensory and frontal sources to contact a small parietal area where attended information is coordinated and combined) may be the converse of global broadcasting, from other proposals (Baars et al., 2021; Baars & Franklin, 2003; Dehaene & Changeux, 2011). The proposed system incorporates many principles from previous research and theorization and strives toward a resolution of the relation between consciousness and attention. Keywords: consciousness, attention, embedded processes model, experimental psychology, neuroscience. (shrink)

Mimesis and the portrayal of reflective life in action : Aristotle's Poetics and Sophocles' Oedipus the King -- The portrayal of reflective life in action in poetry : Shakespeare's dramatization of the poet in Sonnets 1-126 -- The portrayal of reflective life in action in music : Bach's Prelude and Fugue in B flat minor (The Well-Tempered Clavier, Book 1) and Beethoven's String Quartet in A minor, opus 132 -- The portrayal of reflective life in action in painting : discovery (...) of the inner life of sensory perception in watercolours by Turner and oil paintings by Cézanne. (shrink)

The primary intention of this book is to elucidate the relations between sensory perception and art as a form of knowledge. This enables us to understand how different kinds of art are given their meaning not only from observation, resemblance and reason but also from an artist’s sensitivity to the inner form of sensory experience as it is realized in perception, reflection, memory and imagination. By assuming a number of different points of view, Part 1 shows how the physical object (...) and the act of sensory perception are logically interdependent, and I give my elaboration of this argument two kinds of emphasis. In the first place, it opposes all arguments that support a merging of the mental and physical, as in idealism, materialism, neutral monism and panpsychism. A conceptual distinction is observed because sensory perception gives the physical object its identity. This idea also implies that the physical object is only realized by sentient life - self-aware inner life and a world become possible simultaneously. The second emphasis concerns the mind-body problem, and towards the end of Part 1 I offer an argument which places this problem in a certain light by representing the brain not as a physical counterpart to inner experience but as essentially instrumental to perception and self-awareness, and related experience. The argument in Part 2 is distinguished by a sense of continuity between the nature of sensory perception and the formal resources of artists in both physical and literary media. Hence, in a discussion of Titian’s Assumption of the Virgin, I indicate ways in which the painter conveys the inner experience and character of the figures in the painting by means of compositional design, light and colour, and thereby uses these and other sensuous resources to portray human life and experience. This is followed by a discussion of two sonnets by Shakespeare, in which the same general aim is pursued by using the literary resources of figurative language. Finally, a discussion of Hamlet shows how, in this work, the augmentation of figurative language by dramatic form strengthens the view that art can provide a form of knowledge that is based as completely upon intuition about our sensory experience as it is upon reason and observation. Just as my (true) perception of a cup as a vessel for drinking tea or coffee arises immediately from past experience, so the dramatist can see immediately from his or her past experience how a character might perceive things and behave. -/- . (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)

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)