This essay is my review of Philip Booth’s ...and the Pursuit of Happiness: Wellbeing and the Role of Government. The book is an anthology of original articles by eminent researchers in modern happiness economics, such as: Booth himself; Paul Omerod; David Sacks, Betsey Stephenson, and Justin Wolfers; Christopher Snowden; J. R. Shackleton; Christian Bjornskov; Peter Boettke and Christopher Coyne; and Pedro Schwartz. I conclude by offering several criticisms of the work.

This essay is my review of Philip Booth’s Wellbeing and the Role of Government. The book is an anthology of original articles by eminent researchers in modern happiness economics, such as: Booth himself; Paul Omerod; David Sacks, Betsey Stephenson, and Justin Wolfers; Christopher Snowden; J. R. Shackleton; Christian Bjornskov; Peter Boettke and Christopher Coyne; and Pedro Schwartz. I conclude by offering several criticisms of the work.

According to simulationism, the function of episodic memory is not to remember the past, but to help construct representations of possible future episodes, by drawing together features from different experiential sources. This article suggests that the relationship between the traditional storehouse view, on which the function of memory is remembering, and the simulationist approach is more complicated than has been typically acknowledged. This is attributed, in part, to incorrect interpretations of what remembering on the storehouse view requires. Further, by appeal (...) to function pluralism, the article questions both the assumption that the traditional view and simulationism are inconsistent, and the simulationist’s inference to the best explanation strategy that is based upon this assumption. The article then provides an evaluation of the simulationist argument against the traditional view, and finds it in need of further support. (shrink)

This paper aims to map the different theoretical options related to the Precautionary Principle (PP). Great part of the literature on it can be systematized by answering to three different questions: is there a basic structure in the PP? If so, in which interpretation of the PP does this structure express itself? Finally, are its damage or knowledge conditions fixed or adjustable? The first question separates realist from non-realist approaches. The second question allows us to discriminate monist, dualist, or pluralist (...) positions in relation to the three interpretations of the PP: decision rule, procedural requirement, or epistemic rule. Finally, the third question distinguishes rigid from non-rigid formulations of the principle. Based on this mapping, one can not only navigate through the different formulations of the PP present both in official documents and in specialized literature, but also deflect some of its common objections, and understand Hans Jonas’ eventual connection with PP. Notwithstanding, this mapping does not capture other important themes attached to PP, which motivates a final distinction between narrow and broader forms of PP. (shrink)

Accounts of the concepts of function and dysfunction have not adequately explained what factors determine the line between low‐normal function and dysfunction. I call the challenge of doing so the line‐drawing problem. Previous approaches emphasize facts involving the action of natural selection (Wakefield 1992a, 1999a, 1999b) or the statistical distribution of levels of functioning in the current population (Boorse 1977, 1997). I point out limitations of these two approaches and present a solution to the line‐drawing problem that builds on the (...) second one. (shrink)

Intellectualism is the claim that practical knowledge or ‘know-how’ is a kind of propositional knowledge. The debate over Intellectualism has appealed to two different kinds of evidence, semantic and scientific. This paper concerns the relationship between Intellectualist arguments based on truth-conditional semantics of practical knowledge ascriptions, and anti-Intellectualist arguments based on cognitive science and propositional representation. The first half of the paper argues that the anti-Intellectualist argument from cognitive science rests on a naturalistic approach to metaphysics: its proponents assume that (...) findings from cognitive science provide evidence about the nature of mental states. We demonstrate that this fact has been overlooked in the ensuing debate, resulting in inconsistency and confusion. Defenders of the semantic approach to Intellectualism engage with the argument from cognitive science in a way that implicitly endorses this naturalistic metaphysics, and even rely on it to claim that cognitive science support Intellectualism. In the course of their arguments, however, they also reject that scientific findings can have metaphysical import. We argue that this situation is preventing productive debate about Intellectualism, which would benefit from both sides being more transparent about their metaphilosophical assumptions. (shrink)

Brian Cutter objected to the consequence argument due to its dependence on the principle that miracle workers are metaphysically impossible. A miracle worker is someone who has the ability to act in a way such that the laws of nature would be violated. While there is something to the thought that agents like us do not have this ability, Cutter claims that there is no compelling reason to regard miracle workers as metaphysically impossible. However, the paper contends that miracle workers (...) are indeed impossible according to well-known theories concerning the laws of nature. This result highlights the reliance of the consequence argument on a plausible premise, which is widely accepted by proponents of non-Humean views of laws. The paper also provides a way to explain away the intuition that miracle workers are possible, but this has the upshot that a recent, two-dimensional formulation of the consequence argument is unsound. (shrink)

Special issue: "Henri Bergson. Creative Evolution and Philosophy of Life." -/- I read the genealogy of the concept of energy through Bergson's Creative Evolution to argue that, historically, energy and its proto-concepts are grounded in spatialized notions of time. Bergson's work not only demands that we rethink energy and its relation to time, it also allows us to see that the concept of energy as we know it depicts time and materiality as a numerical multiplicity, which effaces the differences in (...) kind which are characteristic of energy transformations and real duration. To make this case, I first provide an analysis of Bergson’s concept of the cinematographical mechanism of thought, which splits duration into a composition of distinct states strung together by the idea of an impersonal becoming. Bergson claimed that this is the epistemological model for both ancient philosophy and modern science, meaning that it is also the epistemological ground within which energy concepts in western philosophy and science have been theorized. I then show how Bergson offers a way to overcome this model of theorizing through his method of intuition, and how these conclusions might be extended to future energy concepts. Thus, I argue that 1) Bergson’s work on duration allow us to interpret the genealogy of energy as the history of attempts to provide an account of change in terms of spatialized notions of time; 2) that his work offers a way of incorporating historicity into our understanding of energy; and 3) that thinking energy in the context of duration offers the possibility of conceptualizing energy as change. (shrink)

In Book I of his Nicomachean Ethics (NE), Aristotle defines happiness, or eudaimonia, in accordance with an argument he makes regarding the distinctive function of human beings. In this paper, I argue that, despite this argument, there are moments in the NE where Aristotle appeals to elements of happiness that don’t follow from the function argument itself. The place of these elements in Aristotle’s account of happiness should, therefore, be a matter of perplexity. For, how can Aristotle appeal to elements (...) of happiness not entailed by his argument for what happiness involves? I will examine two instances that exemplify the sort of appeal to outside elements that I have in mind. The first deals with Aristotle’s reference, in NE, I, 8, to certain goods—ancestry, children, beauty—goods unrelated to man’s function or his fulfillment of it, but nevertheless required for his happiness. The second instance involves pleasure. Aristotle makes various arguments, both in Books I and X of the NE, that tie pleasure to the activity of the soul, and the function argument in turn. However, none of these arguments succeeds in demonstrating that pleasure would necessarily follow from this activity. Taken together then, these two examples demonstrate the extent to which Aristotle’s definition of happiness is more inclusive than his function argument permits. (shrink)

The following paper puts the history of race and colonialism in conversation with the history of the concept of energy. The objective is to understand what a critical decolonial perspective can teach us about the central role that energy plays in western culture, materially and epistemologically. I am interested in how this approach to political, epistemological, and ontological questions demands that we reconceptualize energy to account for the historical particularity of the concept and the phenomena of history and intersubjectivity, which (...) are eschewed in a purely materialistic and quantitative conception of energy. We will see how energy has been complicit in the racialization of black and indigenous bodies, and how the privileged place that the concept of energy has occupied in the canon of western physics has served to obscure the theological, metaphysical, and cultural assumptions that constitute it. (shrink)

The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...) is solved once the hidden quantificational structure involved in such cases is uncovered; 2) the terms ‘required’, ‘permissible’, and ‘forbidden’ can also be analyzed in terms of hidden quantificational structure, and the Negation Problem disappears once this hidden structure is uncovered; 3) the Negation Problem does not arise for normative language that has no hidden quantificational structure. We conclude that the Negation Problem is not really a problem about expressivism at all but is rather a feature of the quantificational structure of the required, permitted, and forbidden. (shrink)

I argue that ductal carcinoma in situ (DCIS), the tumor most commonly diagnosed by breast mammography, cannot be confidently classified as cancer, that is, as pathological. This is because there may not be dysfunction present in DCIS—as I argue based on its high prevalence and the small amount of risk it conveys—and thus DCIS may not count as a disease by dysfunction-requiring approaches, such as Boorse’s biostatistical theory and Wakefield’s harmful dysfunction account. Patients should decide about treatment for DCIS based (...) on the risks it poses and the risks and benefits of treatment, not on its disease status. (shrink)

This volume presents discussions on a wide range of topics focused on eco-phenomenology and the interdisciplinary investigation of contemporary environmental thought. Starting out with a Tymieniecka Memorial chapter, the book continues with papers on the foundations, theories, readings and philosophical sources of eco-phenomenology. In addition, it examines issues of phenomenological anthropology, ecological perspectives of the human relationship to nature, and phenomenology of the living body and the virtual body. Furthermore, the volume engages in a dialogue with contemporary behavioral sciences on (...) topics such as eco-alienation, sustainability, and the human relationship to the earth in the context of the cosmos. (shrink)

Patients should not always receive hard data about the risks and benefits of a medical intervention. That information should always be available to patients who expressly ask for it, but it should be part of standard disclosure only sometimes, and only for some patients. And even then, we need to think about how to offer it.

Terraforming is a process of planetary engineering by which the extant environment of a planetary body is transformed into an environment capable of supporting human inhabitants. The question I would like to consider in this paper is whether there is any reason to believe that the terraforming of another planet—for instance, the terraforming of Mars—is morally problematic. Topics related to the human exploration of space are not often discussed in philosophical circles. Nevertheless, there exists a growing body of philosophical literature (...) dedicated to sorting out the moral implications of the use of resources from (and in) space. Most of this literature is produced as environmental philosophy. Questions of .. (shrink)

Obsessive-compulsive disorder is a commonly occurring neuropsychiatric condition characterized by bothersome intrusive thoughts and urges that frequently lead to repetitive dysfunctional behaviours such as excessive handwashing. There are well-documented alterations in cerebral function which appear to be closely related to the manifestation of these symptoms. Controlled studies of cognitive-behavioural therapy techniques utilizing the active refocusing of attention away from the intrusive phenomena of OCD and onto adaptive alternative activities have demonstrated both significant improvements in clinical symptoms and systematic changes in (...) the pathological brain circuitry associated with them. Careful investigation of the relationships between the experiential and putative neurophysiological processes involved in these changes can offer useful insights into volitional aspects of cerebral function. (shrink)

Some experts have argued that patients should routinely be told the specific magnitude and absolute probability of potential risks and benefits of screening tests. This position is motivated by the idea that framing risk information in ways that are less precise violates the ethical principle of respect for autonomy and its application in informed consent or shared decisionmaking. In this Perspective, we consider a number of problems with this view that have not been adequately addressed. The most important challenges stem (...) from the danger that patients will misunderstand the information or have irrational responses to it. Any initiative in this area should take such factors into account and should consider carefully how to apply the ethical principles of respect for autonomy and beneficence. (shrink)

One important objection to the Condition Of ReasonNable Epistemic Access (CORNEA) is that it is incompatible with inductive evidence. This objection, however, relies on a counterfactual interpretation of CORNEA, and Wykstra and Perrine have shown that CORNEA need not be interpreted in that way, but rather in terms of conditional probability. Here, we show that there is an important gap in this recent response to the counterfactual-based criticism of CORNEA. We argue that the main response to this criticism ultimately depends (...) on a specific semantics for counterfactual conditionals. More specifically, it ultimately depends on the denial of the conditional excluded middle principle. We then investigate and suggest a hitherto unknown defense of CORNEA’s counterfactual interpretation. (shrink)

A comienzos de los años 60 el marxismo althusseriano y el psicoanálisis lacaniano coincidían en un punto: su voluntad de intervenir críticamente en una coyuntura teórica caracterizada por el avance de las ciencias humanas. Ambas corrientes señalaban, con grandes convergencias, que las “ciencias humanas” (de manera evidente en sus versiones “tecnocráticas”: ego psychology, pisicología social, sociología en sus distintos avatares, etc.) cumplían funciones de adaptación de los individuos al sistema social, considerado como un invariante. Dichas ciencias humanas se presentaban como (...) obstáculos epistemológicos para lo que entonces se pensaba como el re-comienzo del materialismo histórico y del psicoanálisis. El hallazgo de obstáculos semejantes no es una mera coincidencia. Ambas líneas de pensamiento convergen en puntos importantes, afirmando, en lo que podría pensarse como una común tendencia materialista, la subordinación de la esfera biológica a la de lo simbólico o a la práctica social, la primacía del significante sobre el sentido, la necesidad de conceptualizar formas originales de la causalidad, cuyo leit-motiv es la sobredeterminación. El presente trabajo busca explorar algunas de las tensiones contenidas en esta coincidencia. El punto de mayor tensión lo suscitan los desarrollos de Althusser y algunos de sus seguidores (en particular Pêcheux y Lecourt) acerca de la relación entre la categoría de sujeto, la de ideología y el conocimiento científico en tanto que “proceso sin sujeto”, al sostener la imposibilidad de un “sujeto de la ciencia”, tesis que sin embargo juega un rol importante en el pensamiento de Lacan. Esta tensión remite a diferentes factores: la diferente herencia epistemológica (Bachelard en un caso, Koyré en el otro), la diferente recepción de la historia de la filosofía (el caso de Descartes), como así también diferencias de registro de los conceptos clave: inconsciente por un lado, ideología y lucha de clases, por el otro. En este trabajo haremos algunas observaciones sobre los efectos que acarrea la diferente recepción de la filosofía de Descartes. (shrink)

"Modern History" versions of the etiological theory claim that in order for a trait X to have the proper function F, individuals with X must have been recently favored by natural selection for doing F (Godfrey-Smith 1994; Griffiths 1992, 1993). For many traits with prototypical proper functions, however, such recent selection may not have occurred: traits may have been maintained due to lack of variation or due to selection for other effects. I examine this flaw in Modern History accounts and (...) offer an alternative etiological theory, the Continuing Usefulness account, which appears to avoid such problems. (shrink)

In debates concerning the consequence argument, it has long been claimed that [McKay, T. J., and D. Johnson. 1996. “A Reconsideration of an Argument Against Compatibilism.” Philosophical Topics 24 (2): 113–122] demonstrated the invalidity of rule (β). Here, I argue that their result is not as robust as we might like to think. First, I argue that McKay and Johnson's counterexample is successful if one adopts a certain interpretation of ‘no choice about’ and if one is willing to deny the (...) conditional excluded middle principle. In order to make this point I demonstrate that (β) is valid on Stalnaker's theory of counterfactuals. This result is important and should not be neglected, I argue, because there is a particular line of objection to the revised formulations of the consequence argument that does not succeed against the original version. (shrink)

The methodological differences of understanding, versus explaining, have been at the centre of a century-long methodenstreit debate (and disagreement) among philosophers and scientists. Karl Jaspers managed to import this discussion to the realm of psychiatry and psychopathology in a significant, but unresolved, manner. Side-tracked by the advent of various changes in psychiatry during the 20th century, phenomenology and philosophy of psychiatry have made a comeback in the last decades and, since then, developed new contributions to this subject. Quite similarly, the (...) study of time experience, standing on the shoulders of notorious philosophers, has too witnessed a similar renaissance, with groundbreaking developments across several conditions, including depression. The present essay is essentially exploratory, but during its development, after addressing the concepts of the methodenstreit debate, and tackling both meaningful and causal connections behind time dysperception in depression, I argue that understanding, at least in this context and at present time, is not entirely reducible to causal explanations, for some things are only gained in understanding, such as the feeling of being understood and the implications it carries for a therapeutic relationship and the treatment plan. (shrink)

La obra es un estudio de una de las nociones fundamentales en la filosofía de Gadamer, el concepto de aplicación. Se intenta dar cuenta de la manera en que dicho concepto viene a solucionar, o tal vez sería mejor decir, a disolver, en la reflexión del siglo XX, el problema que enfrentaban las ciencias históricas en el siglo XIX para convertirse en conocimiento objetivo. Dicho problema consistía en dos importantes dificultades vinculadas entre sí: la imposibilidad de disponer de un objeto (...) independiente, el pasado “tal cual ocurrió” para confrontar la adecuación de las visiones del mismo constituidas desde el presente, por un lado, y la imposibilidad de erradicar la perspectiva del presente (intereses, ideologías, etc.)en los relatos históricos. Para abordar este problema, Gadamer acomete nada menos que una revisión de las categorías fundamentales en las cuales se inserta esta dificultad, esto es, las nociones de conocimiento, realidad y verdad modeladas, a través de Kant, de acuerdo a la perspectiva de la moderna ciencia de la naturaleza. Un paso fundamental será entonces examinar el problema del valor cognitivo del arte, esto es, elucidar las nociones de realidad y experiencia a partir de la experiencia artística, para extender luego estas conclusiones a la historia y el lenguaje. En el marco de esta revisión se perfila el concepto de aplicación, el cual destaca que nuestra condición de agentes históricos, insertos en una tradición y en una comunidad lingüística, no es un obstáculo, sino justamente la condición que hace posible que podamos comprender lo diferente a lo propio, ya sea en la forma de la alteridad histórica, lingüística o meramente personal. La tesis de la obra que presentamos es que la estructura de la aplicación, con la consecuente historicidad que acarrea, se presenta de manera semejante tanto en las macro-estructuras de la comprensión (comprensión de textos, de la tradición, del arte) como en las estructuras de un nivel inferior o más básico, como la realización de juicios y la comprensión de conceptos, punto que se elabora, en esta obra, a través de una comparación con las ideas del segundo Wittgenstein. (shrink)

Rigidity does interesting philosophical work, with important consequences felt throughout metaphysics, epistemology, philosophy of mind, and so on. The authors’ aim in this article is to show that rigidity has yet another role to play, with surprising consequences for the problem of free will and determinism, for the phenomenon of rigidity has the upshot that some metaphysically necessary truths are up to us. The significance of this claim is shown in the context of influential arguments against free will. The authors (...) show that some virtually indisputable inference rules employed in formulations of the Consequence Argument, as well as in fatalistic arguments, fail with a variety of counter-examples. Along the way, the authors compare the present arguments to other, similar arguments made in recent years. (shrink)

Similarly to other accounts of disease, Christopher Boorse’s Biostatistical Theory (BST) is generally presented and considered as conceptual analysis, that is, as making claims about the meaning of currently used concepts. But conceptual analysis has been convincingly critiqued as relying on problematic assumptions about the existence, meaning, and use of concepts. Because of these problems, accounts of disease and health should be evaluated not as claims about current meaning, I argue, but instead as proposals about how to define and use (...) these terms in the future, a methodology suggested by Quine and Carnap. I begin this article by describing problems with conceptual analysis and advantages of “philosophical explication,” my favored approach. I then describe two attacks on the BST that also question the entire project of defining “disease.” Finally, I defend the BST as a philosophical explication by showing how it could define useful terms for medical science and ethics. (shrink)

No presente trabalho, com vistas para uma análise conceitual e crítica acerca do modelo de democracia representativa, bem como uma proposta de mudança sistemática e ordenada, iremos nos debruçar sobre os conceitos e perspectivas elencadas por Arendt e Bobbio no cerne da questão participativa. Hannah Arendt (1941-1975), ilustre teórica política, compreende a sociedade consolidada pós revoluções americana e francesa como fortemente apolitizada, visto o afastamento dos cidadãos dos assuntos públicos na atual democracia indireta. Norberto Bobbio (1909-2004), renomado jusfilósofo, define com (...) rigor analítico a categoria representativa da participação popular nas questões coletivas, indicando suas limitações e possibilidades. Em vista disso, faz-se necessário o estudo conjunto de ambas personalidades para o entendimento da disposição comum no que diz respeito à representatividade política que, segundo a autora alemã, impede a efetiva realização da vida cívica e atomiza os sujeitos, suscitando o desinteresse pela coisa pública e facilitando a oligarquização da mesma. A partir da inferência no que se refere ao foco central deste artigo, e da investigação complementar sobre os próprios riscos da implementação excessiva dos cânones reverberados pela tradição antiga — a qual pressupõe o envolvimento direto dos cidadãos no governo —, perpassaremos pela alternativa proposta por Arendt, a saber: a criação de conselhos deliberativos nos diversos níveis subnacionais a fim de fomentar o maior interesse e atuação popular na tomada de decisões, salvaguardando, assim, parte significativa do espírito revolucionário mas, sem retirar a centralidade de um governo bem estabelecido. Dessa maneira, a relação entre Arendt e Bobbio se designará no exame do sistema democrático representativo com respeito às limitações impostas pelo próprio sistema que impede a plena participação popular qualitativa, juntamente com a orientação arendtiana para rarear essa problemática — embora sem buscar a completa aniquilação do mecanismo de partidos, mas a união deste com o modelo de conselhos. (shrink)

Widespread deflationistic readings of Quine misrepresent his view of disquotation’s significance and the truth predicate’s utility. I demonstrate this by answering a question that philosophers have not directly addressed: how does Quine understand the philosophical problem of truth? A primary thesis of this paper is that we can answer this question only by working from within Quine’s naturalistic framework. Drawing on neglected texts from Quine's corpus, I defend the view that, for Quine, the problem of truth emerges from the development (...) of science, in particular, from logical theorizing. I show that disquotation itself, from this Quinean point of view, is the problematic phenomenon calling for philosophical reflection. I conclude by arguing that Quine does not envisage the kind of explanatory role for disquotation taken up by contemporary deflationists, and he shows no interest in the task that animates deflationism, namely, to show that concerns with truth’s nature are fundamentally confused. (shrink)

What effect has finding the Archimedean point in ourselves had on how we look at ethics? The modern era of philosophy began with Descartes finding within himself an unshakable point from which to pursue knowledge of the world and himself. This intellectual alienation from the world into the universal mathematical structures of the human mind has led to a reversal where, henceforth, production, rather than contemplation, of knowledge became epistemologically superior. Guided by Hannah Arendt’s discussion of the Archimedean point and (...) Earth alienation in the Human Condition, I will argue that this scientific form of thinking made its way into ethical investigation in the age of modern philosophy. Furthermore, I will provide an analysis of Kant’s categorical imperative and John Stuart Mill’s utilitarianism to show that despite modern science’s success in elucidating universal laws of nature, a scientific approach to ethics has not universalized our judgments of good and evil. (shrink)

The Gathas, a corpus of seventeen poems in Old Avestan composed by the ancient Iranian poet-priest Zarathushtra (Zoroaster) ca. 1200 B.C.E., is the foundation document of Zoroastrian religion. Even though the dualistic axiology of the Gathas has been widely noted, it has proved very difficult to understand the meaning and genre of the corpus or the position of Zarathushtra’s ideas with regard to other religious philosophies. Relying on recent advances in translation and decryptions of Gathic poetry, I shall here develop (...) a philosophical interpretation of the Gathas, including, as shall be discussed here in detail, explication of the revelation he reports in the poem known as Yasna 30. I argue that, similarly to Marx, Henry, and Schutz, Zarathushtra connects social criticism with an original philosophy of (inter)subjectivity and existential reflection, placing his account in the context of a fully developed metaphysics which includes the human-divine sharing of mental properties. I show that in order to accommodate this complicated problematic, Zarathushtra uses the vehicle of multiple realities. Reflecting the spontaneity of life, the dynamics of various ontological modes in the text create a reference to subjectivity. A description of the dream in Yasna 30 is sufficiently within the limits of possibility for a dream experience, and thereby delivers three original phenomenological reductions. The reductions initiate a genetic account of the phenomenalization of invisible impulses which give rise to moral choices, and define the human-divine relationship. The opposing moral choices open into a reverse axiological intentionality in the sphere of intersubjectivity, and are said to plot life for the rightful and lifelessness for the wrongful. It can be concluded that Zarathushtra’s theism and views of the social world are “the first philosophy”, with a unique and original phenomenological ontology of intersubjectivity at its core. (shrink)

In a recent paper in this Journal San Pedro I formulated a conjecture relating Measurement Independence and Parameter Independence, in the context of common cause explanations of EPR correlations. My conjecture suggested that a violation of Measurement Independence would entail a violation of Parameter Independence as well. Leszek Wroński has shown that conjecture to be false. In this note, I review Wroński’s arguments and agree with him on the fate of the conjecture. I argue that what is interesting about (...) the conjecture, however, is not whether it is true or false in itself, but the reasons for the actual verdict, and their implications regarding locality. (shrink)

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed (...) by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a point) so that they can manipulate it for profit. Their survival in the marketplace often depends on their competitive success in doing so. The fact that their interventions into nature, driven by class interest, often succeed, is evidence of the reliability and truth of their natural scientific theories. -/- With social science, capitalists have a partial interest in understanding the world, so that they may maintain their class power, ideological hegemony, and a reasonably stable and self-reproducing economy. Some bourgeois social science, Marx thinks, is therefore vindicated the same way that natural science is, because of, not despite, its success in promoting the class interests that cause it. But the capitalist class, Marx thinks, also has an interest in obfuscating the truth about the social world. It would undermine the stability of capitalism, for example, for the bourgeoisie to adopt what Marx thinks to be the correct social theory, Marxism, and proclaim to the world that capitalism is exploitative and unstable. Capitalism creates a a need for ideological social theories that, driven by class interest, represent capitalism as just, natural, inevitable, and unalterable. If Marxism is correct, while these theories may further capitalist interests, they will not withstand the test of time as capitalist exploitation and instability engenders countersystemic political action. -/- How, then can we know, according to Marx, that Marxism is correct, as applied to itself? In part it is whether it succeeds in further the class interests that cause it. If workers adopt bourgeois theories and Marxism is right, they will find themselves frustrated in pursuit of goals that they have, such as improving their well-being, and if Marxism is wrong, then those theories will help them further their own goals. Similarly with Marxism: if it is right, then workers who adopt it should in the long run have more success in furthering their own goals, and if not, then not. But it is question begging to say that our confidence in the reliability of Marxism is enhanced by its successful promotion of goals that capitalists do not have but (according to Marxism) workers do. To avoid this problem it is necessary to compare the relative success of each sort of theory in promoting the interests and needs that the respective classes have independently of the theory, as well as by the usual criteria of scientific theory choice. -/- Thus the Soviet variant of Marxism was fairly decisively refuted by its failure to generate the support of its own designated constituency necessary to grow and survive. Whether the same is true of other varieties of Marxism or of capitalist social theory, it is, as Zhou En Lai said when asked whether the French Revolution had succeeded, too soon to tell, at least in any definitive way. However, and this is the point of the paper, an objective test of Marxism is possible even though Marxism says that all theory is informed by class interest. The question is whether the interests are in discovering or obfuscating the truth. The point is not limited to Marx, but applies to any self-referential social scientific theory that includes itself in its scope. -/- Keywords: ideology, self-referential theory, self-reference, reliabilism, objectivity, Marx, Marxism, sociology of science, class interest, classes, capitalism, bourgeoisie, workers, working class, social theory of knowledge, confirmation of scientific theory. (shrink)

Intentaremos reconstruir la controversia acerca de la posibilidad de un lenguaje privado. Analizamos primero las posiciones “epistemológicas” (Malcolm y Fogelin), mostrando sus fallos. Luego analizamos la versión “semántica” (Kenny y Tugendhat) encontrándolas igualmente fallidas. La crítica de Barry Stroud a los argumentos trascendentales como argumentos antiescépticos nos permite discernir el presupuesto común que debilita las posiciones anteriores. Asimismo, la reconstrucción permite apreciar mejor la manera en la que la versión de Kripke evita comprometerse con este presupueto. Argumentamos que esta versión (...) es la única versión consistente del argumento. Esta afirmación obliga afrontar algunas de las objeciones corrientes dirigidas a la propuesta de Kripke: el problema de la objetividad de la regla, ¿puede un individuo estar acertado en contra de la opinión comunitaria consensuada?; y el problema de las relaciones internas entre reglas y casos, presuntamente violentada por el rol que la noción de acuerdo comunitario desempeña en la misma. Sostenemos que nuestra reconstrucción de la controversia permite encontrar razones para mostrar por qué las objeciones mencionadas no se le aplican. -/- This paper tries to reconstruct the controversy on the possibility of private language. First, we analyse “epistemological” trends in the argument (Malcolm, Fogelin) showing their failures. Then, we analyse “semantic” versions (Kenny, Tugendhat) finding they are also failed. Barry Stroud’s criticism of transcendental arguments as refutations of scepticism allows us to discern the common presupposition that weakens the versions of the argument considered. Moreover, this reconstruction allows us to see how Kripke’s deals with the problem of the previous discussion in order to avoid committing himself with this presupposition. We consider Kripke’s version to be the only consistent version of the argument. Such a statement obliges us to consider two of the most important criticisms directed against Kripke’s Wittgenstein: The problem of objectivity of the rule: Can a single individual be right in contradicting communal assent?; and the problem of internal relationships between rules and their applications, allegedly violated because of the role played by communal agreement. We claim that our reconstruction of the controversy provides good reasons to show that the above-mentioned objections don’t apply to Kripke’s Wittgenstein version. (shrink)

In a recent article, P. Roger Turner and Justin Capes argue that no one is, or ever was, even partly morally responsible for certain world-indexed truths. Here we present our reasons for thinking that their argument is unsound: It depends on the premise that possible worlds are maximally consistent states of affairs, which is, under plausible assumptions concerning states of affairs, demonstrably false. Our argument to show this is based on Bertrand Russell’s original ‘paradox of propositions’. We should then opt (...) for a different approach to explain world-indexed truths whose upshot is that we may be morally responsible for some of them. The result to the effect that there are no maximally consistent states of affairs is independently interesting though, since this notion motivates an account of the nature of possible worlds in the metaphysics of modality. We also register in this article, independently of our response to Turner and Capes, and in the spirit of Russell’s aforementioned paradox and many other versions thereof, a proof of the claim that there is no set of all true propositions one can render false. (shrink)

Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists (...) produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately on having produced something. (A view oddly enough shared with the libertarian right, though the LTP is better support for egalitarian or socialist views; see my From Libertarianism to Egalitarianism, 18 Social Theory & Prac. 259-288 (1992).) -/- I show that the idea that Marx's objection to exploitation is based on injustice or LTP-grounded theft is mistaken. Marx's real objection to exploitation is based on unfreedom, that capitalist relations of production, he thinks, unnecessarily limit human freedom. In the first place Marx is quite clear that he vehemently rejects the concepts of justice, fairness, or rights as bourgeois ideology. It is true that he uses the language of "theft" on occasion, but either a literal interpretation of that language must be abandoned, or his consistent, life-long objection to rights- and justice talk must be given up. Second, the structure, indeed the point, of his analysis of the laws of motion of capitalism, is that capitalists make profits through exploitation of labor -- without cheating -- by the normal "legitimate" operation of the system. Other arguments make the same point. -/- The unfreedom or force-based view, though not necessarily my specific arguments advocated so far is shared by a minority of other writers, such as Nancy Holmstrom and Richard Arneson. What my paper offers that is novel, part from arguments for the foregoing that are different and better than those found elsewhere (although Holmstrom and Arneson are excellent), is an account of in detail of what Marx regards as the real problem with exploitation. -/- I analyze Marx's objection that capitalist exploitation causes unnecessary unfreedom by distinguishing and spelling out three different kinds of freedom that he invokes: classic negative freedom, or noninterference; positive freedom, understood as control over or access to the resources enabling one to exercise one's negative freedom; and "real" freedom, as he puts it, the ability to "give the law to oneself," to regulate one's own activities under rules chosen by oneself, to develop one's capacities by autonomous choice. This puts Marx in the tradition going back through Hegel and Kant to Rousseau, the first express advocate of this idea. The opposite of real freedom, the unfreedom due to lack of autonomy, is alienation. -/- I conclude by stating that I think that justice-based objections to exploitation that avoid Marx's objections to the concept are possible. I do not attempt to spell these out here. I take up that task in my subsequently published paper Relativism, Reflective Equilibrium, and Justice, 17 Legal Stud.,128-168 (1997). -/- The present paper is related to and partly overlaps with my paper In Defense of Exploitation, 11 Econ. & Phil. 49-81 (1995), a critique of John Roemer's equality based account of the nature of exploitation and its wrongness. The research and writing of this paper was financially supported by the philosophy department of The Ohio State University. -/- Keywords: Exploitation, Justice, Unjustice, Theft, Labor Theory of Property, Marx, Freedom, Unfreedom, Rights, Fairness, Critique of Justice, Negative Freedom, Positive Freedom, Real Freedom, Alienation, G.A. Cohen, Norman Geras. (shrink)

El presente trabajo de Alex Ibarra Peña recoge los resultados de una investigación cuyo tema es la constitución de un campo de estudios ligado a la filosofía analítica en Chile. El autor se propone una tarea informativa y crítica en la que cifra la novedad de su propuesta. En otros términos, la suya es una labor de rescate, de algunos filósofos y corrientes de pensamiento relegados en las narraciones hegemónicas de la institucionalización de la filosofía en Chile y una tarea (...) que busca corregir el papel asignado a Chile en las visiones panorámicas de mayor circulación sobre la emergencia de la filosofía analítica en nuestro continente. En el cruce de estos dos vectores radica la novedad de la empresa de Ibarra Peña: proponer una visión más ajustada de la recepción de los filósofos analíticos en Chile. En nuestra reseña comentamos los núcleos centrales del trabajo y proponemos algunas hiótesis sobre los conflictos internos al campo cultural que subyacen a las opciones realizadas por el autor. Para finalizar indicamos lo que nos parece ser una falencia del trabajo: un estudio de la constitución de la filosofía analística como campo de estudios no debería dejar de tener en cuenta que el énfasis en la delimitación de la cientificidad por la filosofía analítica tenía en los años 60 y 70 adversarios concretos en el marxismo y el psicoanálisis. (shrink)

Resumen: En este trabajo examino la concepción hegeliana del límite intentando clarificar sus principales características.Comienzo ubicando la filosofía hegeliana en el contexto filosófico más general del idealismo alemán, entendiendoeste movimiento como aquel comprometido en el proyecto de proporcionar una deducción trascendental de loabsoluto. Dado este contexto, procedo a examinar las críticas de Hegel a a la filosofía de Kant, principalmente en la“introducción a la Fenomenología del espíritu . El artículo concluye evaluando la adecuación de la elucidación deltratamiento hegeliano del problema (...) del límite mostrando como esta noción funciona en la interpretación del tratamiento hegeliano de la certeza sensorial en la fenomenología. -/- The problem of limit according to Hegel. In this paper I focus Hegelian conception of limit trying to clarify its main features. I begin locating Hegel’s philosophy in the broader philosophical context of German Idealism, understanding it as the intellectual movementconcerned with the project of providing a transcendental deduction of the Absolute. Having this as a background, Iexamine Hegelian critique of Kantian philosophy, mainly in the “Introduction” of Phenomenology of Spirit, and I conclude the paper testing the way I elucidated the problem of limit in this paper showing how this notion can beused to interpret the treatment of “sense certainty” in Hegel’s Phenomenology of Spirit. (shrink)

En el presente trabajo intentaremos mostrar la relevancia del planteo filosófico wittgensteiniano para la fundamentación y el desarrollo de una teoría materialista del discurso. Tomaremos como punto de partida para examinar esta tesis la propuesta de una teoría materialista del discurso desarrollada por Michel Pêcheux (1938-1983). Pêcheux fue un pensador marxista, discípulo de Louis Althusser, a quien habitualmente se ubica en los orígenes de lo que se conoce como “Escuela francesa de Análisis del discurso”2. En nuestro trabajo nos concentraremos en (...) los supuestos filosóficos de su concepción del discurso, puesto que en los mismos hallamos una caracterización filosóficamente interesante de la posición materialista, convergente en muchos de sus desarrollos con la filosofía de Wittgenstein. (shrink)

En este breve ensayo Ivan Domingues, Profesor del Departamento de Filosofía de la Universidad Federal de Minas Gerais, nos entrega una reflexión metafilosófica que busca trazar un panorama de las posiciones metodológicas en la filosofía contemporánea. Deberíamos mejor decir tal vez que se trata de un mapa, ya que éste es el elemento en el que se insertan con mayor naturalidad las figuras de “la isla” y “el continente” que nuestro autor escoge para dar cuenta de los estilos o tradiciones (...) dominantes de la filosofía contemporánea. Se trata entonces de un mapa planeado para proyectarse sobre los métodos con los que se practica la filosofía hoy en día. El autor considera que la mejor línea divisoria es la contraposición del método de los experimentos mentales, por el lado de “la isla” y la centralidad que adquiere la historia de la filosofía en “el continente”. En la filosofía continental, nos explica Domingues, se hace filosofía haciendo historia de la filosofía. Esto incluye no sólo las modalidades que buscan imponer un cierre a la misma, ya sea bajo la forma hegeliana de la consumación o en la husserliana de la realización, sino también la forma más corriente en la actualidad en la que la reflexión filosófica se concreta como estudio del pasado filosófico (como historia de la filosofía) aunque bajo la forma de un enfático rechazo de los propósitos y aspiraciones que encuentra operando en el desarrollo histórico de la misma -en la historia de la filosofía- de allí las variantes de la Destruktion, la deconstrucción, y las diversas formas funerarias: muerte del Dios, del Hombre, etc. (shrink)

Two brief Late Antique religious texts, respectively by the monk Theophanis and by Monoimus the Arab, present an interesting problem of whether they embody the authors’ experience, or whether they are merely literary constructs. Rather than approaching this issue through the lens of theory, the article shows how phenomenological analysis and studies of living subjectivity can be engaged with the text in order to clarify the contents of introspective experience and the genesis of its religious connotations. The analysis uncovers a (...) previously unnoticed form of embodied introspective religious experience which is structured as a ladder with a distinct internal structure with the high degree of synchronic and diachronic stability. This approach also helps one identify the specific introspective techniques in the canonical and non-canonical literature of early Christian tradition, as related to the concepts of “ theosis ” and “ kenosys ”, as well as to suggest some neurological correspondents of religious cognition. (shrink)

We explore Peirce’s pragmatic conception of sign action, as a distributed and emergent view of cognition and exemplify with the emergence of classical ballet. In our approach, semiosis is a temporally distributed process in which a regular tendency towards certain future outcomes emerges out of a history of sign actions. Semiosis self-organizes in time, in a process that continuously entails the production of more signs. Emergence is a ubiquitous condition in this process: the translation of signs into signs cannot be (...) inferred from the properties of the components of a semiotic triad alone, but has to take into account a complex interaction between a micro-semiotic and macro-semiotic level of description. This interaction can be understood as an interplay of potentialities and tendencies, or upward constitutive determinative relations and downward selective determinative relations. According to this view, emergence is a central defining condition of processes of meaning. Ballet is a sign in action. The emergence of classical ballet is a self-regulatory process, in which a system of different kinds of cognitive artifacts (musical, bodily/motor, spatial/architectonic) and agents obtained a stable semiotic relation throughout many phases of development between the 16th and the 19th Century. One case is the development of the verticality of dance in classical ballet as a semiotic relation connecting proscenium arch stages, dancing bodies, and audiences. This development is micro-semiotically determined by the spatial constraints of the proscenium arch stage, and macro-semiotically determined by a historical construction of the dancing body as a sign within a network of semiotic chains, such as the intersemiotic regulation of body of the dancer by principles coming from painting. This is not only the emergence of actual meaning, but also the emergence of an open-ended field of potential and general meanings, an autonomous tendency of development. To say that ballet, as sign action, emerges, is to say that cognitive artifacts such as dancer’s bodies, stages and audience’s point of view, musical compositions, costumes, all sorts of supporting institutions, etc, constitute a niche for sign action, interacting according to tendencies of development that didn’t exist before. (shrink)

This article presents phenomenological meta-analysis of Tymieniecka's phenomenology of life with regard to its strategies of knowledge. The novelty of phenomenology of life consists in special orientation of direct intuition of Tymieniecka's insight. The analysis suggests that the positioning of the direct intuition differes from philosopher to philosopher. Even though this perspective pays attention to individual differences in philosophical thinking, this view has to be distinguished froll1 psychologism as criticized by Husser!. and rather, seen as a development of Husserl 's (...) lheory of direct intuition. A framework for such analysis can be also found in Islamic philosophies of Suhrawardi and Ibn 'Arabi, who introduced the concepts of individual predisposition, modes of knowledge, and self-knowledge mediated by knowledge by presence. These concepts can be applied to understanding of the origins of philosophical insight. The paper examines in depth the workings of direct, or presentive, intuition in Tymieniecka's descriptions of the phenomenal field of life, and of life per se as a dynamic object. It demonstrates the dialogical nature of interrogation, and the sentience of logos as a horizon of philosophical inquiry. Finally, the paper introduces the concept of process phenomenology, and suggests directions of future research with regard to phenomenology of imagination. (shrink)

While several tests and strategies are recommended for colorectal cancer (CRC) screening, studies suggest that primary care providers often recommend colonoscopy without providing information about its risks or alternatives. These observations raise concerns about the quality of informed consent for screening colonoscopy.

Applying Michel Henry’s philosophical framework to the phenomenological analysis of religious experience, the author introduces a concept of material introspection and a new theory of the constitution of religious experience in phenomenologically material interiority. As opposed to ordinary mental self-scrutiny, material introspection happens when the usual outgoing attention is reverted onto embodied self-awareness in search of mystical self-knowledge or union with God. Such reversal posits the internal field of consciousness with the self-disclosure of phenomenological materiality. As shown by the example (...) of Vedantic self-inquiry, material introspection is conditioned on the attitude ‘I “see” myself’ and employs reductions which relieve phenomenological materiality from the structuring influence of intentionality; the telos of material introspection is expressed by the inward self-transcendence of intentional consciousness into purified phenomenological materiality. Experience in material introspection is constituted by the self-affection and self-luminosity of phenomenological materiality; experience is recognized as religious due to such essential properties as the capacity of being selffulfilled, and specific qualitative “what it’s like”(s). Drawing on more than 5000 live accounts of internal religious experience, it is shown that introspective attention can have different trajectories, producing, within a temporal extension of material introspection, different spatial modifications of embodied selfawareness and a variety of corresponding religious experiences. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Defensores do princípio da precaução propõem com frequência mudanças nas práticas científicas, para que elas facilitem o mesmo objetivo do princípio: evitar ameaças incertas ao ambiente ou à saúde humana. A ciência deveria ser uma ciência precautória. Apesar da importância prática da ciência precautória e da sua proximidade com os debates sobre ciência e valores, ela ainda não foi sistematicamente examinada. Neste artigo, pretende-se contribuir para a literatura sobre a ciência precautória de dois modos: sistematizando sua literatura prévia e propondo (...) uma definição de um de seus elementos principais, a precaução epistêmica, como uma orientação específica para a gestão de riscos indutivos. Conclui-se com algumas objeções que tal definição levanta, bem como caminhos de pesquisas futuras para abordá-las. (shrink)

This paper argues that the Islamic metaphysical vision finds its Western philosophical counterpart in Anna-Teresa Tymienecka's Phenomenology of Life. Comparative analysis of the main categories and strategies of knowledge in Islamic metaphysics and the Phenomenology of Life demonstrates obvious similarities, but also significant distinctions whereby the systems can be viewed as complementary. Tymieniecka’s philosophy begins with epoché on preceding philosophical knowledge, while Islamic philosophy begins with revelation. Tymieniecka uses presuppositionless phenomenological direct intuition combined with reflective analysis, while Sufi metaphysics combines (...) logic, intuitio,n and reliance on the experience attained in states of mystical perception. Unification of Reality and realization of truth in the Phenomenology of Life is attained via phenomenological intuition of life in all forms of experience, and in Islam, via certainty attained in religious experiences of unveiling. Due to its refocusing on the dynamic moments of the ontopoiesis of life, Tymieniecka’s ontology serves as a possible solution to the problems incurred by the more static metaphysical vision of Reality in Sufism. (shrink)

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...) there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)