The orientation of this paper is that there is no special science of "business ethics" any more than there is one of "medical ethics" or "legal ethics". While there may be issues that arise in medicine or law that require special treatment, the ways of relating to such issues are derived from a basic ethical stance. Once one has evolved such an ethical stance and thus has incorporated a fundamental mode of relating to her or his fellow human beings, the (...) "how" to deal with various ethical "issues" will follow as a natural consequence of one's ethical stance or modality. It is not necessary, in the formation of one's fundamental ethical stance to know if one is a utilitarian or a deontologist. It is doubtful whether Buddha knew what kind of ethics he was practising. If one conceives of ethics as something extrinsic to various disciplines and attempts to first practise a discipline and then to apply ethics to modify the results of that discipline it is entirely possible that conflicts will result between what is perceived of as the proper pursuit of that discipline and the ethical considerations. The argument of this paper is that it is more efficacious (in addition to being more true) to take ethical considerations into account in the construction of the definition of the discipline. This paper is devoted to showing that business and ethics are not two different and competing fields of interest (thus requiring a discipline of business ethics to be grafted onto the study of business enterprise), but that ethical concerns are part and parcel of the very concept of a business enterprise and the internal operation of a business organization. (shrink)

Neuroscience can relate to ethics and normative issues via the brain’s cognitive control network. This network accomplishes several executive processes, such as planning, task-switching, monitoring, and inhibiting. These processes allow us to increase the accuracy of our perceptions and our memory recall. They also allow us to plan much farther into the future, and with much more detail than any of our fellow mammals. These abilities also make us fitting subjects for responsibility claims. Their activity, or lack thereof, is at (...) the heart of culpability. For instance, planning to kill someone is strong evidence of what the law calls mens rea—a guilty mind. Claims about norms, or ethical “should” claims, express two-level propositions, directed at the behaving person at one level, and at that person’s mind and cognitive control network at another level. Thus, “People should stop themselves from hurting others,” is a claim about how people should behave and also a claim about how their cognitive control networks should behave—i.e., they should inhibit harmful behavior, or the intentions leading up to it. Planning is both an ability of the full person, and of that person’s mind. Neuroscience affirms the common notion, seen both in law and folk psychology, that what makes us guilty or culpable are certain events and states that exist in our minds. Overt behavior, including speech, is fallible evidence of these states and processes. Cases of negligence still involve the executive processes, but “negatively,” in that negligence results when certain types of executive activity fail to take place. (shrink)

A prominent view in contemporary political theory, the ‘associative view’, says that duties of justice are triggered by particular cooperative relations between morally significant agents, and that ‘therefore’ principles of justice apply only among fellow citizens. This view has been challenged by advocates of global justice, who point to the existence of a world-wide cooperative network to which principles of justice apply. Call this the challenge from geographical extension. In this paper, I pose a structurally similar challenge to the associative (...) view: the challenge from species extension. This says that the existing network of cooperation extends beyond the human species, to encompass some non-human animals, particularly domesticated dogs. In light of this, if one believes that (i) certain non-human animals are morally significant (i.e. objects of moral concern), and that (ii) justice applies to fellow cooperators, one should also hold that domesticated dogs are owed justice in much the same way our human fellow citizens are. I conclude by considering the implications of this argument for the associative view, and animal-rights theory. (shrink)

A lively debate in the literature on moral progress concerns the role of practical reasoning: Does it enable or subvert moral progress? Rationalists believe that moral reasoning enables moral progress, because it helps enhance objectivity in thinking, overcome unruly sentiments, and open our minds to new possibilities. By contrast, skeptics argue that moral reasoning subverts moral progress. Citing growing empirical research on bias, they show that objectivity is an illusion and that moral reasoning merely rationalizes pre-existing biased moral norms. In (...) this article, I argue that both the rationalists and the skeptics fail to understand fully the role of practical reasoning by focusing exclusively on moral reasoning to the neglect of social reasoning. In the first half of the article, I argue against the skeptics by vindicating moral reasoning. I identify a Democratic Model of moral reasoning which is reliable and effective in overcoming bias. In the second part of the article, I argue against the rationalists. Drawing on a paradigmatic case of moral progress, i.e., the British abolition of the slave trade, I illustrate that moral reasoning, even when sound, is insufficient to motivate progressive action. The explanation for this puzzling phenomenon is not that the moral norm against cruelty is inert, as skeptics might suggest. Rather, it is that the moral norm against cruelty was overridden by the social norm of slavery which was tied to the British joint commitments to freedom and national honour. The debate between rationalists and skeptics centers around the moral rationality of human action, failing to recognize that human action is in fact primarily about social rationality. I defend a joint commitment account of social rationality, and offer a novel Communitarian Model of social reasoning which follows the logic of social rationality to revise social norms. I defend the reliability and efficacy of the Communitarian Model of social reasoning by applying it to the abolitionist social movement to show how Britons gave fellow Britons social reasons grounded in their joint commitments to freedom and national honour to end slavery. (shrink)

In The Mushroom at the End of the World: On the Possibility of Life in Capitalist Ruins, Anna Lowenhaupt Tsing explains how bare land is formed. Capitalism produces ‘ruins’ by stripping living beings of the capacity to form their own ecological relations, a necessary condition for the reproduction of life. Contemporary capitalism alienates living beings from ecological relations, i.e. capitalism generates “the ability to stand alone, as if the entanglements of living did not matter. Through alienation, people and things become (...) mobile assets; they can be removed from their lifeworlds in distance-defying transport to be exchanged with other assets from other life worlds, elsewhere” (Tsing 2021, 5). Cutting the threads of the web of life through capitalist alienation, however, produces bare land as a side effect, infertile waste deprived of the means to reproduce itself without capitalist support. Alienation is the deracination of living beings from their lifeworld, transforming them into passive cogs for capitalist accumulation. However, Tsing upholds matsutake mushrooms, rare fungi popular among Japa- nese foodies, as exemplars of the resilience of ecological relations. Even amidst ruins, matsutakes successfully form beneficial relations with other living beings, like pine trees, other fungi and human beings. The insistent capacity to regenerate ecological relations is the ineluctable means of reproduction for the matsutake mushroom. Even at the end of the world, the matsutake persists by perpetually co-producing new lifeworlds for itself and fellow living beings (see also Haraway 2016). I claim that Tsing’s approach to capitalist alienation is descriptively convinc- ing but lacks the affective force for ecological class consciousness. Tsing surveys the web of life from the perspective of living beings quite distant from humankind, articulating a theoretical diagnosis rather than a political exhortation. On an affective level, it is challenging to generate ecological class consciousness among the (presumably) human readers of my chapter if they are presented with only the biographies of mushrooms growing far beyond my home. As Chantal Mouffe (2018, 72) argues, the construction of an emphatically political identity requires an appeal to the affects, like hope, indignation or compassion. Latour and Schultz also stress that ecological politics currently suffers from an affective misalignment, with people failing to identify with the fate of their increasingly inhospitable environments (2022, 47). Why would European humans care about these unknown fungi? The reproduction of our CO2-intensive livelihoods largely depends on the emission of bare land elsewhere, so in the short run, we stand to benefit more from putting our heads in the sand. I employ Chakrabarty’s (2021) suggestion of grounding post-humanist politics first in strategic anthropocentrism to subsequently push for a post-humanist expansion of our human understanding. One must first feel personally interpellated by the crisis of the global means of reproduction before one can grasp the need for an ecological class politics beyond human confines. I turn to John Steinbeck’s 1939 novel The Grapes of Wrath as a kindred spirit with more mobilising potential. Steinbeck tells the story of a family of impoverished farmers from Oklahoma, the Joads, travelling to California in pursuit of a better life, yet only encountering more poverty, exploitation and anti-immigrant racism. Steinbeck describes in detail the environmental and social devastation, but he focuses on the commodified labour power of migrant farmers rather than commodified mushrooms. Steinbeck’s main characters are also uprooted from their entangled histories in the land and community of rural Oklahoma, but they present a more familiar face of the ecological class deprived of the means of reproduction. Steinbeck’s outcry against alienation-as-deracination is clear, but the shift in perspective facilitates the empathetic outrage required for building ecological class consciousness. Steinbeck’s strategic anthropocentrism helps human readers understand why alienation-as-deracination is a concern. (shrink)

In this paper, I develop an account of Frederick Douglass’s use of declaration as an emancipatory mode of political action. An act of declaration compels an audience to acknowledge the declarer as possessing a type of normative standing (e.g. personhood or citizenship). Douglass, through acts of declaration like his Fifth of July speech and fight with the ‘slavebreaker’ Covey, compels American audiences to acknowledge him as a fellow citizen by forcefully enacting a commitment to resist tyranny and oppression. The distinctive (...) emancipatory potential of declaration is grounded in its political epistemology of acknowledgment, on which political actors understand other persons as members of a shared community through the ways in which they comport themselves in relation to one another. Declaration makes political communities more inclusive not only by changing who we understand as fellow members, but how we understand them as such. (shrink)

J. N. (Jitendra Nath) Mohanty (1928–2023). -/- Professor J. N. Mohanty has characterized his life and philosophy as being both “inside” and “outside” East and West, i.e., inside and outside traditions of India and those of the West, living in both India and United States: geographically, culturally, and philosophically; while also traveling the world: Melbourne to Moscow. Most of his academic time was spent teaching at the University of Oklahoma, The New School Graduate Faculty, and finally Temple University. Yet his (...) preeminent work in Husserlian phenomenology developed alongside his eminent work in Indian philosophy: describing his interests as “a fusion of disparate horizons.” -/- J. N. Mohanty was born September 26, 1928, in Cuttack (Odisha, East India). After graduating from high school, he went on to study both Indian and Western philosophy in Calcutta, earning bachelor’s and master’s degrees. There he read Whitehead and Kant’s First Critique; although he wanted to include mathematics in his curriculum, he was led instead to include Indian philosophy and Sanskrit. On the shelves of his teacher, Ras Vihar Das, he came upon a copy of the English translation (Ideas I, 1931) of Edmund Husserl’s classic Ideen I (1913), which presented Husserl’s ground-breaking conception of phenomenology. In 1952–1954 he left India for the first time, reaching Göttingen to study mathematics and philosophy, which earned him a doctorate in mathematics and “philosophy of mathematical sciences” (in his own words). In Göttingen, Mohanty found the powerful mathematical world that Husserl himself had earlier interacted with, where several Husserl students had formed the Göttingen school of phenomenology. During these years Mohanty studied primarily mathematics, alongside Kant and also Vedic Sanskrit. From his friend Günter Patzig, interpreter of Aristotle and Frege, Mohanty was drawn to Frege in relation to mathematical logic. He attended lectures of Heidegger, intrigued by his ontological thinking. Yet, despite the Husserlian legacy, Mohanty was completely self-taught in his studies of Husserl (as he has reported). With a doctorate in mathematics, and ideas from Kant and Frege in his philosophical background, Mohanty set about crafting his own conception of philosophy grounded in phenomenology, drawing on Husserl’s extensive work, critically sifting through Husserl’s texts and their emerging concepts of intentionality, meaning, subject, intersubjectivity, and world. In between he wrote his first book-length study: on phenomenological insights in Nicolai Hartmann and A. N. Whitehead (1958). -/- Over many decades Mohanty formulated and argued, in analytical detail, for a conception of phenomenology and its place in philosophy, later presented in a clear and concise book titled Transcendental Phenomenology: An Analytic Account (1989). Over these very decades the same scholar explored classical and recent Indian philosophy, thinking through kindred ideas of consciousness, self, and knowledge drawn from the Indian philosophical contexts. While writing on Nyāya theory of truth, he also pondered whether the world and finite individual are illusory or real, and whether Marx, Arendt, Gandhi (whom he heard speak in Calcutta), or Vinoba Bhave (with whom he marched across India for the land-grant movement) could best navigate post-Independent India’s social and svarāj or self-rule reforms. The two Mohantys, thinking through a vision of self and world, turned out to be “non-different” or “non-dual” as they each practiced critical phenomenology from both inside and outside the respective philosophical and cultural traditions. Numerous students, fellows, and colleagues or collaborators have benefited immensely from this infusion and unified approach to diversity in philosophical thought. In the 2000s, moving into retirement, Mohanty wrote two long books devoted to his understanding of Husserl and phenomenology and the calling of philosophy itself. This two-volume study shows Mohanty himself thinking through Husserl, critically, in The Philosophy of Edmund Husserl: A Historical Introduction (2008), and Edmund Husserl’s Freiburg Years: 1916–1938. As Mohanty worked on Husserl, he carefully indicated where he agreed and where he rejected or changed ideas, all part of his practice in phenomenology of “description and interpretation.” It was the same pattern he used in addressing the thought of Husserl vis-à-vis Kant or Frege or even Quine. -/- As Mohanty developed his understanding of phenomenology over the years, he wrote books on theory of meaning and the concept of intentionality, developing a model of ideal meaning and its foundation in intentionality, drawing on Husserl’s results. He followed these with the book Husserl and Frege (1982), linking the thought of those foundational figures for the “continental” and “analytic” traditions, respectively, in twentieth-century Western philosophy. Over his long career Mohanty addressed both traditions in his clear and accessible writing style. While developing his views on phenomenology, Mohanty regularly looked to “Husserl and his others,” evaluating views in Heidegger, Sartre, Merleau-Ponty, Ricoeur, and then Derrida and others in the wake of Husserl. With his background in Kant, Mohanty also looked toward Heidegger and Hegel in relation to Husserl’s later work in the Crisis (1935–38). Similarly, he looked to contemporary analytic philosophers, adjudicating his own, oft-wise Husserlian views in relation to Frege, Nagel, and others. Amid his active scholarly career, Mohanty co-founded the journal Husserl Studies, and was editorial advisor to Philosophy & Phenomenological Research, Philosophy East & West, Journal of Indian Philosophy, Sophia, among others. -/- Yet all this while Mohanty was also thinking and writing about Indian philosophy and its relation to phenomenology. In his own retrospective, Indian philosophy is “the permanent background” of his Husserlian thinking, while Kant is the recurrent Western background of his Husserlian phenomenology. Mohanty’s form of “transcendental phenomenology” evolved, in his own perspective, against the background of his studies of Navya-Nyāya on logic and Vedānta on consciousness, in Indian philosophy, and against the background of Kant’s First Critique on the transcendental, in Western philosophy. Accordingly, Mohanty’s study of logical form and of the intentionality of consciousness seeks a fusion of East and West in the conception of transcendental phenomenology. (Cf. Mohanty’s apt response to critics in The Empirical and the Transcendental (2000).) Even in the context of North American Husserl scholarship, Mohanty has exercised an earnest fusion of East and West. For the so-called East Coast and West Coast interpretations of Husserl’s crucial notion of noema both find a sympathetic spirit in J. N. Mohanty’s careful and nuanced interpretation of Husserlian transcendental phenomenology. With Mohanty the two faces of the noema are the logical (Fregean) and the phenomenal (Kantian), and these views of intentional structure join in consciousness—in a way resonant with Indian thought. -/- - David Woodruff Smith (UC Irvine) and Purushottama Bilimoria (SFSU, San Francisco; University of Melbourne) -/- For photo of Prof Mohanty visit APA online memorial_minutes2023 Courtesy of APA Memorial Minutes (& Proceedings) 2023 . (shrink)

This paper aims to reevaluate Aristotelian political theory from an egalitarian perspective and to pinpoint its legacy and relevance to contemporary political theory, demonstrating its importance for contemporary liberal democracies in a changing world, suggesting a new critique of liberal and neoliberal political theory and practice, and especially the improvement of our notion of the modern liberal-democratic state, since most contemporary representative liberal democracies fail to take into account the public interest of the many and do very little in order (...) to advance it. The paper will focus on key aspects of Aristotle’s thought, such as his notions of justice (δικαιοσύνη/dikaiosunē and ἁπλῶς δίκαιον/aplōs dikaion), concord (ὁμόμοια/homonoia), friendship (φιλία/philia) and the art of ruling (τέχνη τοῦ ἄρχειν/technē tou archein), arguing that Aristotle’s theory requires us to have concern for our fellow citizens; ‘concern for others’ as opposed to the mere ‘respect for others’ that contemporary neo-Kantian liberalism advocates . Hence, I will examine these aspects of Aristotle’s philosophy that have not so far been adequately discussed, in relation to his conception of the ‘common or public interest’ (τὸ κοινῇ συμφέρον/to koinē sympheron) which is essential in order to understand the Aristotelian vision for ‘the art of politics’ (τέχνη τοῦ ἄρχειν) which should always aim towards the interest of the many, i.e., the people (πλῆθος/plēthos). (shrink)

Jeff McMahan has long shown himself to be a vigorous and incisive critic of speciesism, and in his essay “Our Fellow Creatures” he has been particularly critical of speciesist arguments that draw inspiration from Wittgenstein. In this essay I consider his arguments against speciesism generally and the species-norm account of deprivation in particular. I argue that McMahan's ethical framework is more nuanced and more open to the incorporation of speciesist intuitions regarding deprivation than he himself suggests. Specifically, I argue that, (...) given his willingness to include a comparative dimension in his “Intrinsic Potential Account” he ought to recognize species as a legitimate comparison class. I also argue that a sensible speciesism can be pluralist and flexible enough to accommodate many of McMahan's arguments in defense of “moral individualist” intuitions. In this way, I hope to make the case for at least a partial reconciliation between McMahan and the “Wittgensteinian speciesists”, e.g. Cora Diamond, Stephen Mulhall, and Raimond Gaita. (shrink)

How should we conceive of policymakers for the purposes of political analysis? In particular, if we wish to explain and predict political decisions and their consequences, if we wish to ensure that political action is as effective as it can be, how should we think of policymakers? Should we think of them as they are commonly conceived in traditional political analysis, i.e., as uniquely knowledgeable and as either altruistic (i.e., as motivated to realize goals associated with their constituents’ interests) or (...) knavish (i.e., as motivated to realize goals associated with their own personal interests), or should we treat them as possibly ignorant with respect to their political tasks? -/- It is always an open question whether policymakers possess the knowledge required to realize some policy objective. It should never be assumed a priori that policymaker knowledge is adequate to the policy tasks with which policymakers are charged. Politicians need knowledge concerning the causes of social phenomena adequate to control events sufficiently well to ensure the success of their policies. No argument has ever been offered for the standard, if only implicit, assumption that policymakers, somehow automatically, possess this knowledge. In many contexts, there is no reason to believe that policymakers possess or can acquire this knowledge. Indeed, a bit of reflection reveals how unlikely it is that and how rare the circumstances must be in which policymakers meet this condition, which political philosophers, theorists, economists, and other political thinkers have traditionally assumed as a matter of course. -/- The main purpose of the book is to encourage a conversation among scholars and students of political inquiry (in philosophy and political theory, political science, economics and political economy) concerning the best way to conceive of policymakers for the purposes of such inquiry. -/- The book defends an alternative, more realistic, method of political analysis. The book argues against the false assumption that policymakers are epistemically privileged. The book presents and defends the alternative assumption that, with respect to the knowledge required to discharge their political tasks effectively, policymakers are at least as ignorant as constituents. -/- The book further argues that whether policymakers are altruistic or knavish is, in the first instance, a function of the nature and extent of their ignorance with regard to constituent-minded policy goals. Policymakers who possess the knowledge required to be effectively altruistic are more likely to be altruistic, other things the same, than policymakers who are ignorant of the knowledge that successful altruism requires. -/- This being said, my goal is more to leave readers thinking about and inclined to debate these profound issues than to prescribe a particular methodological conclusion (even less to advocate a particular political conclusion). The book is a heuristic for spurring further conversation. It makes of readers fellow interlocutors partnered with the characters (and the author!) of the dialogue. -/- The vehicle for this analysis is a conversation between four friends, philosophy graduate students, with different interests, different levels and kinds of experience, and different political preferences. The four friends consider how politicians should be conceived for the purposes of analyzing political decision-making and its consequences. -/- In his famous Dialogues concerning Natural Religion, David Hume concluded that the assumption of an all-knowing and all-powerful God was neither necessary nor sufficient to explain natural phenomena. Dialogues concerning Natural Politics does for social science what Hume did for natural science. Both books undermine the assumption that some epistemically privileged being – God in the case of natural phenomena and God-like politicians in the case of social phenomena – must be invoked to explain relevant phenomena. (shrink)

If we compare it with the fellow notion of liberty, equality has an ambivalent place in modern political thinking. Whilst it counts as one of the fundamental norms, many think that equality is valuable only as a way to realise some features of liberty. I take a historical perspective on this issue, and try to identify some of the pre-modern roots of such an ambivalent attitude towards equality. I do this by using Jacques Rancière’s political model as an analytical framework (...) and by taking a visual route, focusing on classical iconographic representations in which equality was present in the images’ subtexts. Ambrogio Lorenzetti’s allegory of good government is one iconic exposition of equality as a positive condition of civil peace. Already there, however, the positive value of equality is counterposed to the figure of violent retributive justice. Similarly, in the Christian narrative, equality is endorsed as the original condition of creatures under God, but is also associated with violent death. This signals one pre-modern root behind the ambivalence towards equality, particularly when the latter is understood dynamically, as levelling. Such a reversal of value finds an apotheosis, I suggest, in the revolutionary icon of the guillotine, a dramatic representation of equalisation that had a strong influence on modern political thinking. In J. E. Millais’ first painting, of Jesus in the House of his Parents, I find a more positive legacy of Christian equality in modern political thinking. (shrink)

It is true of many truths that I do not believe them. It is equally true, however, that I cannot rationally assert of any such truth both that it is true and that I do not believe it. To explain why this is so, I will distinguish absence of belief from disbelief and argue that an assertion of “p, but I do not believe that p” is paradoxical because it is indefensible, i.e. for reasons internal to it unable to convince. (...) A closer examination of the irrationality involved will show that such is the skeptic’s predicament, trying to convince us to bracket knowledge claims we have good grounds to take ourselves to be entitled to. Even if the sceptic cannot be proven wrong, his challenge still demands an answer, if not a treatment. In this paper, I argue that the cure lies in epidemiology rather than epistemology: instead of attacking the sceptic head-long, I commend guerilla tactics, vaccinating our fellow non-sceptics against the sceptical virus. I will not argue that the sceptic is wrong, necessarily wrong or that he cannot be believed, but that he cannot convince. Scepticism requires a leap of faith: something we may justifiably refrain from even on the sceptic’s own standards. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

Many philosophers of music, especially within the analytic tradition, are essentialists with respect to musical experience. That is, they view their goal as that of isolating the essential set of features constitutive of the experience of music, qua music. Toward this end, they eliminate every element that would appear to be unnecessary for one to experience music as such. In doing so, they limit their analysis to the experience of a silent, motionless individual who listens with rapt attention to the (...) sounds produced by either musicians a on stage, a stereo, or a portable device. This approach is illustrated in recent work by Nick Zangwill. Drawing on essentialist assumptions, Zangwill concludes that properly musical experience is effectively disembodied and radically private. While this seems plausible when we consider the essentialists’ paradigm case, Zangwill’s conclusion seems odd once we consider the wide variety of ways that people experience music. One’s body and social situation seem ineluctably enmeshed within the experience of, e.g., hot jazz played in a nightclub, where listeners bob their heads and dance to the music, cheer on the musicians, and socialize with their fellow concertgoers. The question this paper aims to answer is: should we consider this and similar experiences of music properly “musical”? I maintain that we should. Far from the world of pure music that Zangwill and others relegate properly musical experience, I conclude that our musical experiences are fully enmeshed within the somatic, affective, and interpersonal dimensions of human life. (shrink)

ExtractThis essay is about liberal and conservative views of marriage. I'll begin by mentioning that I would really, really like to avoid use of the terms ‘liberal’ and ‘conservative’, but when push comes to shove, I know of no better labels for the positions that will be discussed in what follows. I would like to avoid these labels for a simple reason: many people strongly self-identify as liberals or as conservatives, and this can undermine our ability to investigate the topic (...) in a sane, rational way. Politics, at least in the contemporary English-speaking world, functions a lot like the world of sports. Many people have a particular team to which their allegiance has been pledged, and the team's successes and failures on the field are shared in the hearts and minds of its loyal followers. In my own case – and here, I ask for your pity – I am a fan of the National Football League's Cleveland Browns. As much as I might wish things were otherwise, I rejoice in the Browns' triumphs and suffer when they lose. I do not wait to see what happens in the game before I decide which team to cheer for; if it's an NFL game, and I see orange and brown, I know where my allegiance lies. Furthermore, I identify with my fellow Browns fans in a way that I cannot identify with followers of, say, the Pittsburgh Steelers. Clevelanders are my people. We share something, and what we share unites us in opposition to Steeler Nation. Their victories are our defeats. It is a zero-sum game: for one of us to win, the other must lose.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.LIBERAL AND CONSERVATIVE VIEWS OF MARRIAGEVolume 12, Issue 34Matthew Carey JordanDOI: https://doi.org/10.1017/S1477175613000067Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. LIBERAL AND CONSERVATIVE VIEWS OF MARRIAGEVolume 12, Issue 34Matthew Carey JordanDOI: https://doi.org/10.1017/S1477175613000067Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. LIBERAL AND CONSERVATIVE VIEWS OF MARRIAGEVolume 12, Issue 34Matthew Carey JordanDOI: https://doi.org/10.1017/S1477175613000067Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

Se propone un examen crítico de la última obra de J.-L. Marion titulada, dedicada a la unión de alma y cuerpo, y cuya tesis principal es: los problemas que esta unión suscita confunden dos términos, cuerpo y mi cuerpo. Esta confusión lleva a que se apliquen al primero categorías propias del segundo. Se examinan las "paradojas ónticas" que mi cuerpo (la carne) inaugura (a); se despeja la tesis de dos interpretaciones de las meditaciones primera y sexta (b); se discute la (...) "excepción a la metafísica" instaurada por el conocimiento de mi cuerpo (c); se arriesga, siguiendo una indicación del autor, la apertura a una dimensión ética que exige examinar ya no la unión de cuerpo y alma, sino la unión por el amor a un semejante y a la comunidad de semejantes (d). -/- The article carries out a critical examination of J.-L. Marion's latest work, "Sur la pensée passive de Descartes", whose main thesis is that the problems posed by the union of body and soul confuse two terms: body and my body. This confusion leads to the application to the former of categories inherent to the latter. The paper examines the "ontic paradoxes" that my body (the flesh) gives rise to (a); it clarifies the thesis of two interpretations of the First and Sixth Meditations (b); it discusses the "exception to metaphysics" established by the knowledge of my body (c); and, following an indication by the author, it proposes an opening to the ethical dimension, which demands an examination of the union, through love, with a fellow human being and with the community of human beings, rather than of the union of body and soul (d). -/- Neste artigo, propõe-se um exame crítico da última obra de J.-L. Marion, intitulada "Sur la pensée passive de Descartes", dedicada à união de alma e corpo, e cuja tese principal é: os problemas que essa união suscita confundem dois termos, corpo e meu corpo. Essa confusão leva a que se apliquem ao primeiro categorias próprias do segundo. Examinam-se os "paradoxos ônticos" que meu corpo (a carne) inaugura; a tese de duas interpretações das medita ccedil;ões primeira e sexta é esclarecida; arrisca-se, seguindo uma indicação do autor, a abertura a uma dimensão ética que exige examinar já não a união de corpo e alma, mas sim a união pelo amor a um semelhante e à comunidade de semelhantes. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

In the sea trade, the traditional paper-based bill of lading has played an important role across the globe for centuries, but with the advent of advanced commercial modes of transportation and communication, the central position of this document is under threat. The importance of the bill of lading still prevails as does the need of the functions that this document served in the past, although in a changed format. In the recent past, the world has witnessed a lot of debate (...) about replacing this traditional paper-based document with an electronic equivalent that exhibits all of its functions and characteristics, both commercial and legal. More specifically, unlike many rival travel documents, such as the Sea Waybill, a bill of lading has two prominent features, that is to say, its negotiability and its acceptability as a document of title in certain legal jurisdictions that are required to be retained in an electronic bill of lading so as to also retain the prominence of this document in the future landscape. This thesis is, however, more concerned about the legal aspects of adopting the electronic bill of lading as a traditional paper-based legal document as well as an effective legal document in the present age. However, the scope of this debate remains primarily focused on the USA and UK jurisdictions. In the course of this thesis, it is observed that, in the past, the bill of lading has been subject to a variety of international regimes, such as The Hague Rules and The Hague-Visby Rules, and presently efforts are being made to arrive at a universal agreement under the umbrella of The Rotterdam Rules, but such an agreement is yet to arrive among the comity of nations. On the other hand, efforts made by the business community to introduce an electronic bill of lading are much louder and more evident. The private efforts, such as the SeaDocs System, CMI Rules, and the BOLERO Project, etc., were, however, received by the fellow business community with both applause as well as suspicion. At the same time, there are a number of concerns voiced by the international business community on the legislative adoptability in national and international jurisdictions and the courts’ approach in adjudicating cases involving electronic transactions and these are making the task of adoption of electronic bill of lading in the sea-based transactions a difficult task. Therefore, in the absence of any formal legal backing from national and international legislations, these attempts could not achieve the desired results. In this thesis, the present situation of the acceptability of electronic transactions in general, and of the electronic bill of lading specifically, has also been discussed with reference to certain national jurisdictions, such as Australia, India, South Korea and China, in order to present comparative perspectives on the preparedness of these nations. On the regional level, the efforts made by the European Union have also been discussed to promote electronic transactions within its jurisdiction. All the discussion, however, leads to the situation where the level of acceptability of electronic bill of lading in the near future is found to be dependent upon the official efforts from the national governments and putting these efforts towards arriving at an agreement on Rotterdam Rules as early as possible. The other area of importance revealed in this thesis is the need for change in juristic approach by the courts while interpreting and adjudicating upon cases involving electronic transactions. On the whole, this thesis has provided a cohesive and systematic review, synthesis and analysis of the history of the bill of lading, its importance as a document of title, and attempts to incorporate its important functions within the fast-paced electronic shipping commerce of today. In such a way it has provided a valuable contribution to the literature by providing a comprehensive resource for jurists, policy-makers and the business community alike, as they work towards adapting the bill of lading so that it might be successfully applied in electronic form. (shrink)

The Utugwang society is of a type which places a greater value on human life and communal belonging which is indicative of the name they bear Utugwang, which literally translated means – “Let’s come together”. However, this coming together has not been without blemish as the believe in witchcraft by the Utugwang people like many other African communities has hindered the growth and progress of the community. This paper is an attempt to investigate the phenomenon of witchcraft which essentially is (...) a metaphysical phenomenon that cuts across gender and all ages, contrary to the opinion that witchcraft is a phenomenon that is predominantly found among female. It reveals further that, witchcraft is an act that is shrouded in secrecy and mysticism. It submits that this phenomenon of witchcraft poses both metaphysical and epistemological challenge in the in Utugwang cosmology. It also shows that basically witches are classified into two categories in Utugwang cosmology. The black witch that causes pain or harm and the white witch that is endowed with wisdom. (shrink)

Unlike mainstream Western ethics, African environmental ethics recognizes the interconnectedness and interdependence of all beings than individuality of being. This implies that Africans have often lived in peace and harmony with nature, realizing that the environment is key to life and that everything possesses intrinsic value. It is on the strength of the prevailing observations that this paper is geared toward unraveling African philosophy of environment and in the process argues that Africans indeed do have a philosophy of environment due (...) to their respect and oneness to both the living and nonliving components within the ecosystem. This paper employs the method of exposition, critical analysis as well as argumentation to prove that indeed, Africans have good intentions of taking care of the environment and not abuse it. This is evident in some of their cultural heritage where during some planting seasons, some lands are left fallow for some years to avoid excessive use that leads to erosion, also, many forests and groves are tagged ‘taboo’ to scare away people in order to preserve them as well as the other non-human beings found in the forest. (shrink)

The thought that empathy plays an important role in moral motivation is almost a platitude of contemporary folk psychology. Parallel themes were mooted in German moral philosophy and aesthetics in the 1700s, and versions of the empathy construct remained prominent in continental accounts of moral motivation through the nineteenth century and early twentieth centuries. This chapter elucidates the Empathic Motivation Hypothesis (EMH) and sets out some of the conceptual and empirical challenges it faces. It distinguishes empathic concern from other dimensions (...) of empathy (e.g., resonance, attunement, distress, and non-empathic concern) and examines the merits of EMH as a developmental thesis, focusing on evidence from psychopathology and attachment theory. (shrink)

Wittgenstein’s concepts shed light on the phenomenon of schizophrenia in at least three different ways: with a view to empathy, scientific explanation, or philosophical clarification. I consider two different “positive” wittgensteinian accounts―Campbell’s idea that delusions involve a mechanism of which different framework propositions are parts, Sass’ proposal that the schizophrenic patient can be described as a solipsist, and a Rhodes’ and Gipp’s account, where epistemic aspects of schizophrenia are explained as failures in the ordinary background of certainties. I argue that (...) none of them amounts to empathic-phenomenological understanding, but they provide examples of how philosophical concepts can contribute to scientific explanation, and to philosophical clarification respectively. (shrink)

Resumo: A crise na União Europeia e os programas de austeridade subsequentes fizeram emergir uma miríade de movimentos sociais, diversos na sua natureza e nos seus propósitos. O que se pretende aferir neste artigo é a relação e a conexão existentes entre o Estado, o poder económico, a sociedade civil e os movimentos sociais neste contexto específico de crise. Procuraremos, nesta breve abordagem, explanar alguns elementos de originalidade intrínsecos aos movimentos sociais hodiernos, patentes na sua forma de participação e organização, (...) assim como aplicar estas questões teóricas relevantes ao contexto português. A parte empírica, dada a escassez de estudos de caso existentes, será apoiada no último inquérito do European Social Survey, de 2012. Analisando um conjunto de perguntas aí explícitas, podemos compreender, de forma indirecta, algumas das dinâmicas que caracterizam estes movimentos. Abstract: The crisis in the European Union and the subsequent austerity programs have unleashed a myriad of social movements, diverse in its nature and purpose. The purpose of this paper is to assess the relationship and connection between the State, economic power, civil society and social movements in this specific context of crisis. We will try, in this brief approach, to explain some elements of originality intrinsic to modern social movements, evident in their form of participation and organization, as well as to apply these theoretical questions relevant to the Portuguese context. The empirical part, given the paucity of existing case studies, will be supported in the last survey of the European Social Survey of 2012. By analyzing a set of questions explicit there, we can, indirectly, understand some of the dynamics that characterize these movements. (shrink)

O presente trabalho visa apresentar a solução dada por Santo Agostinho ao problema do mal, aliado à aparente contraditoriedade entre a presciência de Deus e a liberdade humana. Para isto, será útil como bibliografia principal do filósofo sua obra De libero arbitrio, um livro em forma de diálogo onde o pensador esclarece suas posições acerca do livre-arbítrio e da presciência divina.

In this article, I examine the moral dimensions of gender affirmation. I argue that the moral value of gender affirmation is rooted in what Iris Murdoch called loving attention. Loving attention is central to the moral value of gender affirmation because such affirmation is otherwise too fragile or insincere to have such value. Moral reasons to engage in acts that gender affirm derive from the commitment to give and express loving attention to trans people as a way of challenging their (...) marginalization. In the latter part of the paper, I will discuss how my arguments bear on recent arguments by Robin Dembroff and Daniel Wodak (2018) on the use of gender-neutral language. They argue that we have a duty not to use gender-specific pronouns for anyone. Their conclusion turns, in part, on a rejection of gender affirmation as a moral duty. The value of gender affirmation, rooted in our moral perception of trans people, should make us skeptical of this conclusion, in favor of a more nuanced and pluralistic approach to the ethics of gendering. (shrink)

Este ensaio estabelece uma comparação estética e fenomenológica entre os pensamentos de Yves-Klein e Merleau-Ponty. Se o pintor materializou as suas reflexões e concepções em obra pictórica, o fenomenólogo francês dissertou na escrita filosófica o resultado da sua reflexão. Da análise conjunta entre um e outro resulta esta fenomenologia e estética comparativa que apresenta alguns conceitos fundamentais que alimentaram essas reflexões, tais como a visibilidade, o corpo, o mundo. Assim, para além dessa comparação, este ensaio viabiliza o diálogo entre ambos. (...) Palavras-chave: Corpo. Mundo. Visibilidade. Merleau-Ponty. Yves Klein -/- Abstract:This essay establishes an aesthetic and phenomenological comparison between the thoughts of Yves-Klein and Merleau-Ponty. If the painter materialized his reflections and concepts in pictorial work, the French phenomenologist disserted in the philosophical writing the result of his reflection. From the joint analysis between one and the other, this phenomenology and comparative aesthetics results, which presents some fundamental concepts that fed these reflections such as visibility, the body, the world. Thus, in addition to this comparison, this essay enables the dialogue between both. Keywords: Body. World. Visibility. Merleau-Ponty. Yves Klein. (shrink)

De uma perspectiva comportamentalista radical, o eu é um repertório verbal complexo, que, como tal, tem uma gênese social. O reconhecimento da origem social do “eu” abre caminho para uma análise política, incluindo uma discussão do pa- pel das relações de poder na constituição do eu. Entretanto, uma concepção radicalmente social do “eu”, como a proposta pelo comportamentalismo, suscita um problema político: se o eu é integralmente produto do ambiente social, de onde viria uma eventual “vontade” de romper com esse (...) sistema? Parece que para reconhecer a possibilidade de ação política transformadora seria preciso preservar uma noção descontextualizada de “eu”. Considerando essa dificuldade, o objetivo deste artigo é propor uma interpretação política da constituição do “eu” no âmbito do comportamentalismo radical, mantendo no horizonte a possibilidade de uma ação política transformadora. Para tanto, destacamos como “eus” oprimidos são tornados submissos, mas também como de certas contingências podem emergir “eus” subversivos, que se opõem a um sistema social opressivo. Esse “eu” subversivo é caracterizado por um repertório de autoconhecimento mais amplo, que inclui a discriminação do papel das relações de poder e do controle promovido por instituições. Concluímos, com isso, que um “eu” socialmente constituído pode ser politicamente ativo. (shrink)

The role of imagination in Descartes. The critic of Sartre to the concept of image in Descartes.

There is a widespread belief that for their own safety and for the protection of wildlife, cats should be permanently kept indoors. Against this view, I argue that cat guardians have a duty to provide their feline companions with outdoor access. The argument is based on a sophisticated hedonistic account of animal well-being that acknowledges that the performance of species-normal ethological behavior is especially pleasurable. Territorial behavior, which requires outdoor access, is a feline-normal ethological behavior, so when a cat is (...) permanently confined to the indoors, her ability to flourish is impaired. Since cat guardians have a duty not to impair the well-being of their cats, the impairment of cat flourishing via confinement signifies a moral failing. Although some cats assume significant risks and sometimes kill wild animals when roaming outdoors, these important considerations do not imply that all cats should be deprived of the opportunity to access the outdoors. Indeed, they do not, by themselves, imply that any cat should be permanently kept indoors. (shrink)

Shedding light on the political power and oppressive potential of language, theories of illocutionary silencing and discursive injustice show how gender, class and race can shape the pragmatics of speech, limiting in some circumstances the speaker’s ability to do things with her words. This article takes a close look at discursive injustice in trials for gender-based violence in connection with the phenomenon of misogyny. It argues that in the courtroom the testimony of the complainant is sometimes silenced by a sexist (...) ideology used in service of misogynistic ends. In particular, it argues that sexist social meanings can sometimes be enacted by the judge and accommodated by prosecutors, figuring as a component of the score in the language game of the trial and thus 1) determining what counts as sexual violence and 2) preventing complainants from making the moves they intend to make. (shrink)

Causal closure arguments against interactionist dualism are currently popular amongst physicalists. Such an argument appeals to some principles of the causal closure of the physical, together with certain other premises, to conclude that at least some mental events are identical with physical events. However, it is crucial to the success of any such argument that the physical causal closure principle to which it appeals is neither too strong nor too weak by certain standards. In this paper, it is argued that (...) various forms of naturalistic dualism, of an emergentist character, are consistent with the strongest physical causal closure principles that can plausibly be advocated. (shrink)

In The Case for Animal Rights, Tom Regan argues that although all subjects-of-a-life have equal inherent value, there are often differences in the value of lives. According to Regan, lives that have the highest value are lives which have more possible sources of satisfaction. Regan claims that the highest source of satisfaction, which is available to only rational beings, is the satisfaction associated with thinking impartially about moral choices. Since rational beings can bring impartial reasons to bear on decision making, (...) Regan maintains that they have an additional possible source of satisfaction that nonrational beings do not have and, consequently, the lives of rational beings turn out to have greater value.. (shrink)

Logical realism is a view about the metaphysical status of logic. Common to most if not all the views captured by the label ‘logical realism’ is that logical facts are mind- and language-independent. But that does not tell us anything about the nature of logical facts or about our epistemic access to them. The goal of this paper is to outline and systematize the different ways that logical realism could be entertained and to examine some of the challenges that these (...) views face. It will be suggested that logical realism is best understood as a metaphysical view about the logical structure of the world, but this raises an important question: does logical realism collapse into standard metaphysical realism? It will be argued that this result can be accommodated, even if it cannot be altogether avoided. (shrink)

The ability to perceive the shapes of things as enduring through changes in how they stimulate our sense organs is vital to our sense of stability in the world. But what sort of capacity is shape constancy, and how is it reflected in perceptual experience? This paper defends a pluralist account of shape constancy: There are multiple kinds of shape constancy centered on geometrical properties at various levels of abstraction, and properties at these various levels feature in the content of (...) perceptual experience, governing patterns of apparent shape similarity. I propose that the varieties of shape constancy are subserved by the syntactic complexity of perceptual shape representations. By assigning discrete constituents to various abstract shape parameters, these representations attune us to the preservation of certain abstract shape properties through changes in more determinate shape properties. Finally, I draw broader lessons concerning the nature and function of perceptual constancy. (shrink)

When we perceive an object, we perceive the object from a perspective. As a consequence of the perspectival nature of perception, when we perceive, say, a circular coin from different angles, there is a respect in which the coin looks circular throughout, but also a respect in which the coin's appearance changes. More generally, perception of shape and size properties has both a constant aspect—an aspect that remains stable across changes in perspective—and a perspectival aspect—an aspect that changes depending on (...) one's perspective on the object. How should we account for the perspectival aspect of spatial perception? We present a framework within which to discuss the perspectival aspect of perception and put forward three desiderata that any account of the perspectival aspect of perception should satisfy. We discuss views on which the perspectival aspect of perception is analyzed in terms of constitutively mind-dependent appearance properties as well as views on which the perspectival aspect of perception is analyzed in terms of representations of mind-independent perspectival properties. (shrink)

Prioritarianism is a variant of utilitarianism. It differs from utilitarianism in that benefiting individuals matters more the worse off these individuals are. On this view, there are two standard ways of handling risky prospects: Ex-Post Prioritarianism adjusts for prioritizing the worse off in final outcomes and then values prospects by the expectation of the sum total of those adjusted values, whereas Ex-Ante Prioritarianism adjusts for prioritizing the worse off on each individual's expectation and then values prospects by the sum total (...) of those adjusted expectations. A standard objection to Ex-Post Prioritarianism is that it violates Ex-Ante Pareto, that is, it prescribes choices that worsen the expectations for everyone. In this article, I argue that Ex-Ante Prioritarianism suffers from much the same problem: it violates a sequential version of Ex-Ante Pareto, that is, it prescribes sequences of choices that worsen the expectations for everyone. (shrink)

Traditional approaches to conflict are oriented towards establishing (or re-establishing) consensus, either in the form of a resolution of the conflict or in the form of an ‘agree-to-disagree’ standstill between the stakeholders. In this paper, we criticize these traditional approaches, each for specific reasons, and we propose and develop the agonistic approach to conflict. Based on Chantal Mouffe’s agonistic democratic theory, the agonistic approach to conflict is more welcoming of dissensus, replacing discussion stoppers with discussion starters and replacing standstills with (...) contestation. We illustrate such replacements and develop this approach, we analyse technological conflicts in a concrete R&D setting: the global hydrogen economy. From this context, we focus on the conflict between the proponents of blue hydrogen (drawn from fossil fuels) and those of green hydrogen (created through electrolysis). We conclude by highlighting the advantage of the agonistic approach but also drawing attention to its own specific risk, namely, antagonism. (shrink)

Abstract: Alienation and slavery from Precious or what we don't want to see. It is our purpose to establish, in a parallel reading, these two films (highly rewarded), namely The Fence and Precious, that apparently being so different, are an illustration of the reality of life and the modern democratic world: the social uprooting and slavery. If in the movie of Phillip Noyce and Christone Olsen The Fence, is told a story of three young Aboriginal girls who are forcibly taken (...) to be transformed into domestic slaves, in the movie of Lee Daniels Precious, the young woman is already a servant in her own home and seeks the transformation of her life. Uniting these two stories, we find fundamental elements: illiteracy, ill-treatment, the idea of a migration (real or metaphysical), among others, but whose fundamental notion is the journey. If the film The Fence, the fence itself is used to conduct the three young Aboriginal to a real reunion with the family, in Precious, the metaphorical ‘fence’ is the limit of her world. From this interpretation, we will undertake our reflection about what we consider to be the alienation of the modern world and the silence we produce about them. (shrink)

A prominent view holds that perception and memory are distinguished at least partly by their temporal orientation: Perception functions to represent the present, while memory functions to represent the past. Call this view perceptual presentism. This chapter critically examines perceptual presentism in light of contemporary perception science. I adduce evidence for three forms of perceptual sensitivity to the past: (i) shaping perception by past stimulus exposure, (ii) recruitment of mnemonic representations in perceptual processing, and (iii) perceptual representation of present objects (...) as possessing past properties. I argue that forms (i) and (ii) are consistent with perceptual presentism, while form (iii) poses a genuine threat to the view. While the empirical case for form (iii) remains inconclusive, I suggest that the most serious challenges to perceptual presentism derive from representations that integrate mnemonic and present-tensed elements in the performance of canonical perceptual functions, such as perceiving object continuity over time. (shrink)

This article develops a view of shape representation both in visual experience and in subpersonal visual processing. The view is that, in both cases, shape is represented in a ‘layered’ manner: an object is represented as having multiple shape properties, and these properties have varying degrees of abstraction. I argue that this view is supported both by the facts about visual phenomenology and by a large collection of evidence in perceptual psychology. Such evidence is provided by studies of shape discriminability, (...) apparent motion, multiple-object tracking, and structure-from-motion. Recent neuroscientific work has also corroborated this psychophysical evidence. Finally, I draw out implications of the layered view for processes of concept acquisition. 1 Introduction2 Metric Properties andShape Properties3 Metric Views4 Against Metric Views of Visual Shape Experience5 The Visual System Uses Abstract Shape Properties6 Against Metric Views of Visual Shape Representation7 Neural Underpinnings of Abstract Shape Perception8 Implications. (shrink)

This paper is inspired by and develops on E. J. Lowe’s work, who writes in his book The Possibility of Metaphysics that ‘metaphysical possibility is an inescapable determinant of actuality’ (1998: 9). Metaphysics deals with possibilities – metaphysical possibilities – but is not able to determine what is actual without the help of empirical research. Accordingly, a delimitation of the space of possibilities is required. The resulting – controversial – picture is that we generally need to know whether something is (...) possible before we can know whether it is actual. In order to appreciate this picture, we need to understand Lowe’s slogan: ‘essence precedes existence’ (Lowe 2008: 40). This slogan has both an ontological and an epistemic reading. The ontological reading is related to the now familiar idea that essence grounds modality, as popularised by Kit Fine. The epistemic reading suggests that we can know the essence of some entity before we know whether or not that entity exists. However, this idea is often met with puzzlement and Lowe himself sadly passed away before he had a chance to clarify this framework. I will present the framework as I understand it, develop it on my own terms, and put forward a qualified defence of it. I will also illustrate how the framework can be put to use with a case study concerning the discovery of transuranic elements. (shrink)

Recently, the concept of "gender identity" has enjoyed a great deal of attention in gender metaphysics. This seems to be motivated by the goal of creating trans-inclusive theory, by explaining trans people's genders. In this paper, we aim to unmotivate this project. Notions of "gender identity" serve important pragmatic purposes for trans people, such as satisfying the curiosity of non-trans people, and, relatedly, securing our access to important goods like legal rights and medical care. However, we argue that this does (...) not mean that "gender identity" is a metaphysically substantial thing that deserves extensive theoretical attention. There are reasons to be skeptical of such a concept. We trace the history of "gender identity," primarily to identify its roots in trans-antagonistic medical theory and its connections to the problematic "wrong-body" model--a legacy that has pathologized and flattened trans experience. Moreover, we argue that trans people primarily use "gender identity" to explain ourselves to non-trans people, rather than to discuss ourselves among ourselves. Thus, we urge theorists to resist the urge to substantiate gender identity. Instead, we encourage the development of new and better concepts, ones that attend to the lived realities of trans community and the flourishing gender terms and practices that are constructed there. If these lived realities are taken seriously, there is no need to “explain” trans people’s genders; we can simply see them as they are. (shrink)

This paper concentrates on the method-critique of feminist philosophers and demonstrates that their claim that science is essentially male-biased is unfounded, and itself grounded in their own political agenda. The feminist agenda has shown itself to be detrimental not only to liberty and free speech, but to women.

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