With An Answer to the Question: What Is Enlightenment? (1784) and What Does It Mean to Orient Oneself in Thinking? (1786), Kant presents the concept of public use of reason and defines its requirements, scope, and function. In outline, the public use of reason consists in sharing one’s thoughts with “the entire public of the world of readers” (8:37). As for its requirements, to the extent that someone communicates in their own person, i.e. not in (...) the exercise of their function as a public official, and bases their reasoning on universalizable grounds, their use of reason qualifies as public and shall be free from state censorship. Therefore, Kant’s concept of public use reason aims to establish a public debate that is free and includes in its scope, both as subjects and recipients, potentially all adult men. The ultimate function of the public use of reason is to foster moral progress and, with it, the reform of the political community according to the republican ideal. However, it is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, deprives his notion of public use of reason of its progressive core and adjusts it to the absolutist conception of speech and civil service. Characterizations of state officials as “not free to make public use of their learning” (7:18) and “bound to uphold whatever […] the crown sanctions for them to expound publicly” (7:8), as well as the depiction of laypeople as “incompetent” (7:18) and “resigned to understanding nothing about [the sciences]” (7:34), have led influential interpreters to read Kant as redefining his notion of public use of reason by restricting its subjects to university professors and its recipients to government members (e.g. John Christian Laursen 1986, rpt. 1992 and 1996; Kevin Davis 1992; Steven Lestition 1993; Jay Franzel 2013). On my reading, with The Conflict of the Faculties, Kant does indeed redefine the concept of public use of reason making concessions to the absolutist notion of speech and civil service. However, a close reading of the text reveals that the public use of reason ends up being reaffirmed in its progressive core and extended in its scope. To substantiate my interpretation, I will systematically analyse and classify each of the 68 occurrences of the adjective ‘public’ in The Conflict of the Faculties and show how Kant employs the absolutist vocabulary to convey the progressive project of his previous writings. Accordingly, I argue that Kant holds on to the free public use of reason as a means to reform politics according to the republican ideal and that the employment of the absolutist vocabulary is motivated by a pragmatic attitude and a provocative stance. (shrink)

With this paper I intend to rehabilitate the status of orality as medium of the public use of reason in the normative Kantian sense. As a first step, I reconstruct the reasons why Kant rejects the spoken word and designates the written word as the sole medium of public reasoning. As a second step, I argue for the possibility of employing the spoken word as medium of public reasoning while remaining within the normative framework of Kant’s (...) concept of the public use of reason. (shrink)

According to recent scholarship, Kant’s "An Answer to the Question: What is Enlightenment?" and the introductory section to "The Conflict of the Faculties" are masterpieces of philosophical rhetoric. The philosophical significance of these texts lies in establishing the free public use of reason as a tool to discipline political power through pure practical reason, and the rhetorical mastery consists in presenting the free public use of reason as a means to satisfy the ruler’s pragmatic practical (...) reason. Elaborating on this interpretation, I flesh out three further aspects of the writings in question. First, I examine the four types of arguments that Kant crafts in defence of the public use of reason and show how their pragmatic practical character is fully in keeping with the foundation of politics on pure practical ideas. Second, contrasting Kant’s notion of the public use of reason with the classical liberal conception of free speech, I argue that the distinctive character of Kant’s notion of the public use of reason consists in adding to the liberal demand for freedom from state censorship the requirement of the self-discipline of the participants in the public use of reason. Third, I contend that Kant’s notion of the public use of reason goes beyond a mere non-coercive discursive procedure and conclude that, to qualify as public in the distinctive Kantian sense, publicly presented positions must uphold theoretical and moral criteria informed by critical philosophy. (shrink)

In the first part of the paper, Gaus’ ground for the ideal of persons as free and equal is described. Doubts are raised about the appropriateness of the use of his account of this ideal as endogenous to our moral practice. Th e worries are related to the use of the concept of having a reason that Gaus makes in his book, as well as to the aptness of his account of our moral practice from the viewpoint of our (...) moral phenomenology. Some doubts are raised in relation to the pertinence of Gaus’ concept of having a reason from the perspective of the motivation of the public reason project. In the second part of the paper, a summary is off ered of Gaus’ model of public justification and some of its consequences are discussed. Th e primary intention here is to show that, contrary to Gaus’ view, egalitarian liberalism, and not classical liberalism, is the most appropriate result of such a model of justification. (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of (...) this paper is to defend the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)

This paper examines the extent to which dispute resolvers in customary law systems provide widely understandable justifications for their decisions. The paper first examines the liberal-democratic reasons for the importance of publicity, understood to be wide accessibility of legal justification, by reviewing the uses of publicity in Habermas’ and Rawls’ accounts of the rule of law. Taking examples from Sierra Leone, the paper then argues that customary law systems would benefit from making local dispute resolution practices, such as “begging” from (...) elders, witchcraft, and customary law judgments, more widely accessible. The paper concludes that while legal pluralism is usually taken to be an analytical concept, it may have a normative thrust as well, and that publicity standards would also apply to formal courts in developing countries, which are also typically “defective” along this dimension. (shrink)

The purpose of this article is to present an evidence-supported curriculum covering the fundamentals of logic, reasoning, and argumentation skills to address the emphasized basic knowledge, skills, and abilities required to be scientifically literate, which will prepare the public to understand and engage with science meaningfully. An analytic-synthetic approach toward understanding the notion of public is taken using a theoretical biomimetics framework that identifies naturally occurring objects or phenomena that descriptively captures the essence of a construct to facilitate (...) creative problem-solving. In the present case, the problem being solved is how to reconcile what is meant by public, how it ought to be interpreted, determining the diverse levels of confidence in science that exist, and various understandings of science all with one another. The results demonstrate there is an inherent denotative-connotative inconsistency in the traditional notion of public that can be explicated through the concept of a fractal allowing for comprehension of the relationship between public confidence in, and understanding of, science. (shrink)

Here I defend my solution to the wrong-kind-of-reason problem against Mark Schroeder’s criticisms. In doing so, I highlight an important difference between other accounts of reasons and my own. While others understand reasons as considerations that count in favor of attitudes, I understand reasons as considerations that bear (or are taken to bear) on questions. Thus, to relate reasons to attitudes, on my account, we must consider the relation between attitudes and questions. By considering that relation, we not only (...) solve the wrong-kind-of-reason problem, but we also bring into view rational agency—the use of reasons in thought. (shrink)

In this article, I shall contend that Rawlsian public reason liberalism (PRL) is in tension with non-anthropocentric environmentalism. I will argue that many reasonable citizens reject non-anthropocentric values, and PRL cannot allow them to be used as the justification for ecological policies. I will analyse attempts to argue that PRL can incorporate non-anthropocentric ideas. I shall consider the view, deployed by theorists such as Derek Bell and Mark A. Michael, that PRL can make a distinction between constitutional essentials (...) and non-essentials, and therefore ecocentric values can be employed when only non-essentials are at stake. I will also consider Simon Hailwood’s argument that PRL can incorporate concern for nature based on its ‘otherness’. I shall conclude that both positions fail to rebut the claim that PRL excludes non-anthropocentric viewpoints. I will consider the question of whether PRL’s exclusion of non-anthropocentric ethics is a problem, and I shall show that appealing to purely anthropocentric arguments leads to a variety of unpalatable conclusions. I will suggest that comprehensive liberalism can include non-anthropocentric concerns, and hence is superior from an environmental perspective. (shrink)

We evaluated the reliability, validity, and differential item functioning (DIF) of a shorter version of the Defining Issues Test-1 (DIT-1), the behavioral DIT (bDIT), measuring the development of moral reasoning. 353 college students (81 males, 271 females, 1 not reported; age M = 18.64 years, SD = 1.20 years) who were taking introductory psychology classes at a public University in a suburb area in the Southern United States participated in the present study. First, we examined the reliability of the (...) bDIT using Cronbach’s α and its concurrent validity with the original DIT-1 using disattenuated correlation. Second, we compared the test duration between the two measures. Third, we tested the DIF of each question between males and females. Findings reported that first, the bDIT showed acceptable reliability and good concurrent validity. Second, the test duration could be significantly shortened by employing the bDIT. Third, DIF results indicated that the bDIT items did not favour any gender. Practical implications of the present study based on the reported findings are discussed. (shrink)

Even if the “value-free ideal of science” (VFI) were an unattainable goal, one could ask: can it be a useful fiction, one that is beneficial for the research community and society? This question is particularly crucial for scholars and institutions concerned with research integrity (RI), as one cannot offer normative guidance to researchers without making some assumptions about what ideal scientific research looks like. Despite the insofar little interaction between scholars studying RI and those working on values in science, the (...) overlap of topics and interests make collaboration between the two fields promising for understanding research and its ethics. Here, we identify—for the use of RI scholars—the non-epistemic reasons (societal, political, professional) for and against the VFI considered in the literature. All of these are concerned with the beneficial or detrimental consequences that endorsing the VFI would have on society, policy-making, or the scientific community, with some authors appealing to the same principles to argue for opposite positions. Though most of the reviewed articles do not endorse the VFI, it is generally agreed that some constraints have to be put on the use of non-epistemic values. Disagreement on the utility of the VFI lies both on the different epistemic-descriptive positions taken by different authors, and on the scarcity of relevant empirical studies. Engaging critically with the reasons here identified and more in general with the values in science debate will help the RI community decide whether the VFI should be included in future codes of conduct. (shrink)

Proponents of public reason views hold that the exercise of political power ought to be acceptable to all reasonable citizens. This article elucidates the common structure shared by all public reason views, first by identifying a set of questions that all such views must answer and, second, by showing that the answers to these questions stand in a particular relationship to each other. In particular, we show that what we call the ‘rationale question’ is fundamental. This (...) fact, and the common structure more generally, are often overlooked or distorted within the literature. As a result, we argue, several prominent argumentative moves made by both critics and defenders of public reason are unsuccessful. Our overall conclusion is that discussions of public reason views would be more fruitful if they made consistent use of the common structure we identify. (shrink)

Background -/- Retraction is a correction process for the scientific literature that acts as a barrier to the dissemination of articles that have serious faults or misleading data. The purpose of this study was to investigate the characteristics of retracted papers from Kazakhstan. Methods -/- Utilizing data from Retraction Watch, this cross-sectional descriptive analysis documented all retracted papers from Kazakhstan without regard to publication dates. The following data were recorded: publication title, DOI number, number of authors, publication date, retraction date, (...) source, publication type, subject category of publication, collaborating country, and retraction reason. Source index status, Scopus citation value, and Altmetric Attention Score were obtained. Results -/- Following the search, a total of 92 retracted papers were discovered. One duplicate article was excluded, leaving 91 publications for analysis. Most articles were retracted in 2022 (n = 22) and 2018 (n = 19). Among the identified publications, 49 (53.9%) were research articles, 39 (42.9%) were conference papers, 2 (2.2%) were review articles, and 1 (1.1%) was a book chapter. Russia (n = 24) and China (n = 5) were the most collaborative countries in the retracted publications. Fake-biased peer review (n = 38), plagiarism (n = 25), and duplication (n = 14) were the leading causes of retraction. Conclusion -/- The vast majority of the publications were research articles and conference papers. Russia was the leading collaborative country. The most prominent retraction reasons were fake-biased peer review, plagiarism, and duplication. Efforts to raise researchers’ understanding of the grounds for retraction and ethical research techniques are required in Kazakhstan. (shrink)

A well-ordered society faces a crisis whenever a sufficient number of noncompliers enter into the political system. This has the potential to destabilize liberal democratic political order. This article provides a formal analysis of two competing solutions to the problem of political stability offered in the public reason liberalism literature—namely, using public reason or using convergence discourse to restore liberal democratic political order in the well-ordered society. The formal analyses offered in this article show that using (...) public reason fails completely, and using convergent discourse, although doing better, has its own critical limitations that have not been previously recognized properly. (shrink)

Should religious reasons be used in political discourse? Habermas argues that religious reasons can enter the public sphere so long as they undergo a translation that meets the standards of public reason. I argue that such a translation may be either unnecessary or impossible. Habermas does not sufficiently consider the possibility that religious reasons are already publicly accessible such that no translation is required. Moreover, Habermas entirely fails to consider the possibility that, if he is right about (...) religious reasons not being publicly accessible, these reasons may be of a kind such that they cannot be translated into a publicly accessible idiom as he supposes they can be. (shrink)

Anonymity promotes free speech by protecting the identity of people who might otherwise face negative consequences for expressing their ideas. Wrongdoers, however, often abuse this invisibility cloak. Defenders of anonymity online emphasise its value in advancing public debate and safeguarding political dissension. Critics emphasise the need for identifiability in order to achieve accountability for wrongdoers such as trolls. The problematic tension between anonymity and identifiability online lies in the desirability of having low costs (no repercussions) for desirable speech and (...) high costs (appropriate repercussions) for undesirable speech. If we practice either full anonymity or identifiability, we end up having either low or high costs in all online contexts and for all kinds of speech. I argue that free speech is compatible with instituting costs in the form of repercussions and penalties for controversial and unacceptable speech. Costs can minimise the risks of anonymity by providing a reasonable degree of accountability. Pseudonymity is a tool that can help us regulate those costs while furthering free speech. This article argues that, in order to redesign the Internet to better serve free speech, we should shape much of it to resemble an online masquerade. (shrink)

PLEASE NOTE: This is the corrected 2nd eBook edition, 2021. ●●●●● _Critique of Impure Reason_ has now also been published in a printed edition. To reduce the otherwise high price of this scholarly, technical book of nearly 900 pages and make it more widely available beyond university libraries to individual readers, the non-profit publisher and the author have agreed to issue the printed edition at cost. ●●●●● The printed edition was released on September 1, 2021 and is now available through (...) all booksellers, including Barnes & Noble, Amazon, and brick-and-mortar bookstores under ISBN 978-0-578-88646-6. ●●●●● In light of the length of this book, readers who would like to have a more detailed description of the book's objectives and method may find it helpful to read the detailed and clearly written Wikipedia entry about this work: From the Wikipedia search page, use the search phrase "Critique of Impure Reason". At least at the time of this writing (11/29/2021), the Wikipedia entry is well-researched and accurate. ●●●●● In addition, a "Primer on Bartlett's CRITIQUE OF IMPURE REASON" has been made available by the author. It is available under its title through PhilPapers and other philosophy online archives. ●●●●● COMMENDATIONS OF THIS WORK, from the back cover of the published edition: ●●●●● “I admire its range of philosophical vision.” – Nicholas Rescher, Distinguished University Professor of Philosophy, University of Pittsburgh, author of more than 100 books. ●●●●● “Bartlett’s _Critique of Impure Reason_ is an impressive, bold, and ambitious work. Careful scholarship is balanced by original analyses that lead the reader to recognize the limits of meaning, knowledge, and conceptual possibility. The work addresses a host of traditional philosophical problems, among them the nature of space, time, causality, consciousness, the self, other minds, ontology, free will and determinism, and others. The book culminates in a fascinating and profound new understanding of relativity physics and quantum theory.” – Gerhard Preyer, Professor of Philosophy, Goethe-University, Frankfurt am Main, Germany, author of many books including _Concepts of Meaning_, _Beyond Semantics and Pragmatics_, _Intention and Practical Thought_, and _Contextualism in Philosophy_. ●●●●● “[This work’s] goal is of a unique and difficult species: Dr. Bartlett seeks to develop a formal logical calculus on the basis of transcendental philosophical arguments; in fact, he hopes that this calculus will be the formal expression of the transcendental foundation of knowledge.... I consider Dr. Bartlett’s work soundly conceived and executed with great skill.” – C. F. von Weizsäcker, philosopher and physicist, former Director, Max-Planck-Institute, Starnberg, Germany. ●●●●● “Bartlett has written an American “Prolegomena to All Future Metaphysics.” He aims rigorously to eliminate meaningless assertions, reach bedrock, and place philosophy on a firm foundation that will enable it, like science and mathematics, to produce lasting results that generations to come can build on. This is a great book, the fruit of a lifetime of research and reflection, and it deserves serious attention.” — Martin X. Moleski, former Professor, Canisius College, Buffalo, NY, studies of scientific method, the presuppositions of thought, and the self-referential nature of epistemology. ●●●●● “Bartlett has written a book on what might be called the underpinnings of philosophy. It has fascinating depth and breadth, and is all the more striking due to its unifying perspective based on the concepts of reference and self-reference.” – Don Perlis, Professor of Computer Science, University of Maryland, author of numerous publications on self-adjusting autonomous systems and philosophical issues concerning self-reference, mind, and consciousness. ●●●●● ●●●●● The _Critique of Impure Reason: Horizons of Possibility and Meaning_ comprises a major and important contribution to philosophy. Thanks to the generosity of its publisher, this massive 885-page volume has been published as a free open access eBook (3.75MB) as well as an open access printed edition. It inaugurates a revolutionary paradigm shift in philosophical thought by providing compelling and long-sought-for solutions to a wide range of philosophical problems. In the process, the work fundamentally transforms the way in which the concepts of reference, meaning, and possibility are understood. The book includes a Foreword by the celebrated German philosopher and physicist Carl Friedrich von Weizsäcker. ●●●●● In Kant’s _Critique of Pure Reason_ we find an analysis of the preconditions of experience and of knowledge. In contrast, but yet in parallel, the new _Critique_ focuses upon the ways—unfortunately very widespread and often unselfconsciously habitual—in which many of the concepts that we employ _conflict_ with the very preconditions of meaning and of knowledge. ●●●●● This is a book about the boundaries of frameworks and about the unrecognized conceptual confusions in which we become entangled when we attempt to transgress beyond the limits of the possible and meaningful. We tend either not to recognize or not to accept that we all-too-often attempt to trespass beyond the boundaries of the frameworks that make knowledge possible and the world meaningful. ●●●●● The _Critique of Impure Reason_ proposes a bold, ground-breaking, and startling thesis: that a great many of the major philosophical problems of the past can be solved through the recognition of a viciously deceptive form of thinking to which philosophers as well as non-philosophers commonly fall victim. For the first time, the book advances and justifies the criticism that a substantial number of the questions that have occupied philosophers fall into the category of “impure reason,” violating the very conditions of their possible meaningfulness. ●●●●● The purpose of the study is twofold: first, to enable us to recognize the boundaries of what is referentially forbidden—the limits beyond which reference becomes meaningless—and second, to avoid falling victims to a certain broad class of conceptual confusions that lie at the heart of many major philosophical problems. As a consequence, the boundaries of _possible meaning_ are determined. ●●●●● Bartlett, the author or editor of more than 20 books, is responsible for identifying this widespread and delusion-inducing variety of error, _metalogical projection_. It is a previously unrecognized and insidious form of erroneous thinking that undermines its own possibility of meaning. It comes about as a result of the pervasive human compulsion to seek to transcend the limits of possible reference and meaning. ●●●●● Based on original research and rigorous analysis combined with extensive scholarship, the _Critique of Impure Reason_ develops a self-validating method that makes it possible to recognize, correct, and eliminate this major and pervasive form of fallacious thinking. In so doing, the book provides at last provable and constructive solutions to a wide range of major philosophical problems. ●●●●● CONTENTS AT A GLANCE ▪▪▪▪▪ Preface ▪▪▪▪▪ Foreword by Carl Friedrich von Weizsäcker ▪▪▪▪▪ Acknowledgments ▪▪▪▪▪ Avant-propos: A philosopher’s rallying call ▪▪▪▪▪ Introduction ▪▪▪▪▪ A note to the reader ▪▪▪▪▪ A note on conventions ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART I ▪▪▪▪▪ ▪▪▪▪▪ WHY PHILOSOPHY HAS MADE NO PROGRESS AND HOW IT CAN ▪▪▪▪▪ 1 Philosophical-psychological prelude ▪▪▪▪▪ 2 Putting belief in its place: Its psychology and a needed polemic ▪▪▪▪▪ 3 Turning away from the linguistic turn: From theory of reference to metalogic of reference ▪▪▪▪▪ 4 The stepladder to maximum theoretical generality ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART II ▪▪▪▪▪ THE METALOGIC OF REFERENCE ▪▪▪▪▪ A New Approach to Deductive, Transcendental Philosophy ▪▪▪▪▪ 5 Reference, identity, and identification ▪▪▪▪▪ 6 Self-referential argument and the metalogic of reference ▪▪▪▪▪ 7 Possibility theory ▪▪▪▪▪ 8 Presupposition logic, reference, and identification ▪▪▪▪▪ 9 Transcendental argumentation and the metalogic of reference ▪▪▪▪▪ 10 Framework relativity ▪▪▪▪▪ 11 The metalogic of meaning ▪▪▪▪▪ 12 The problem of putative meaning and the logic of meaninglessness ▪▪▪▪▪ 13 Projection ▪▪▪▪▪ 14 Horizons ▪▪▪▪▪ 15 De-projection ▪▪▪▪▪ 16 Self-validation ▪▪▪▪▪ 17 Rationality: Rules of admissibility ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART III ▪▪▪▪▪ PHILOSOPHICAL APPLICATIONS OF THE METALOGIC OF REFERENCE ▪▪▪▪▪ Major Problems and Questions of Philosophy and the Philosophy of Science ▪▪▪▪▪ 18 Ontology and the metalogic of reference ▪▪▪▪▪ 19 Discovery or invention in general problem-solving, mathematics, and physics ▪▪▪▪▪ 20 The conceptually unreachable: “The far side” ▪▪▪▪▪ 21 The projections of the external world, things-in-themselves, other minds, realism, and idealism ▪▪▪▪▪ 22 The projections of time, space, and space-time ▪▪▪▪▪ 23 The projections of causality, determinism, and free will ▪▪▪▪▪ 24 Projections of the self and of solipsism ▪▪▪▪▪ 25 Non-relational, agentless reference and referential fields ▪▪▪▪▪ 26 Relativity physics as seen through the lens of the metalogic of reference ▪▪▪▪▪ 27 Quantum theory as seen through the lens of the metalogic of reference ▪▪▪▪▪ 28 Epistemological lessons learned from and applicable to relativity physics and quantum theory ▪▪▪▪▪ ▪▪▪▪▪ PART IV ▪▪▪▪▪ HORIZONS ▪▪▪▪▪ 29 Beyond belief ▪▪▪▪▪ 30 _Critique of Impure Reason_: Its results in retrospect ▪▪▪▪▪ ▪▪▪▪▪ SUPPLEMENT ▪▪▪▪▪ The Formal Structure of the Metalogic of Reference ▪▪▪▪▪ APPENDIX I ▪▪▪▪▪ The Concept of Horizon in the Work of Other Philosophers ▪▪▪▪▪ APPENDIX II ▪▪▪▪▪ Epistemological Intelligence ▪▪▪▪▪ References ▪▪▪▪▪ Index ▪▪▪▪▪ About the author. 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This paper presents empirical findings from a set of reasoning and mock jury studies presented at the Experimental Psychology Oxford Seminar Series (2010) and the King's Bench Chambers KBW Barristers Seminar Series (2010). The presentation asks the following questions and presents empirical answers using the Lenses of Evidence Framework (Cowley & Colyer, 2010; see also van Koppen & Wagenaar, 1993): -/- Why is mental representation important for psychology? -/- Why is mental representation important for evidence law? -/- Lens 1: The (...) self representation - Key findings -/- Lens 2: The expert representation - Key findings -/- Lens 3: The anchor representation - Key findings -/- Conclusions & Future directions. -/- The series of research essentially explores how people represent evidence in mind and presents key findings now cited in the following literatures: Philosophy of Science, Cognitive Expertise, Behavioural Economics, Cognitive Science, Psychology and Public Policy, & Causation and the Law. (shrink)

It is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, relinquishes some progressive stances and retreats to conservative positions. According to several interpreters, this is especially evident from Kant’s discussion of moral progress and public use of reason. Kant avers that moral progress can only occur through state-sanctioned education “from top to bottom” and entrusts the emergence of a state endowed with the relevant resolution and ability to “a wisdom from above” (7:92-93). According (...) to numerous interpreters, this call for state intervention and the accompanying surrender to a superhuman wisdom manifest Kant’s retreat from initially republican to later conservative positions. In Kant’s previous writings, the notion of public use of reason indicates the unrestricted freedom to communicate one’s thoughts, provided that the communication does not take place in the exercise of one’s function as a state official, and potentially encompasses all adult men. Instead, in The Conflict of the Faculties, Kant contrasts university professors’ freedom to make public use of their reason with the other public officials’ obligation “to uphold whatever […] the crown sanctions for them to expound publicly” (07:08). Thus, according to several scholars, Kant ends up disenfranchising the vast majority of people from the public use of reason and adjusting an emancipatory notion to the absolutist conception of speech and civil service. On my reading, with The Conflict of the Faculties, Kant neither retreats to conservative positions nor softens any progressive tenets of critical philosophy. On the contrary, I intend to show that a) the project of a state-sanctioned education constitutes Kant’s republican rebuttal of conservative positions on their ground, and is fully in keeping with critical philosophy; b) Kant sets forth a new notion of public use of reason that reverses the order of moral progress presented in his previous writings, but retains all its emancipatory character. I intend to support my interpretation by a) conducting a rhetorical analysis showing how Kant’s rhetoric aims to persuade the ruler that his interests are best served by fostering the regulative ideas of pure practical reason as discovered by critical philosophy; b) analysing Kant’s use of the term ‘public’ (both as the adjective ‘öffentlich’ and the noun ‘Publikum’) and showing how it retains its wide scope and emancipatory function and even expands them to areas previously subjected to legitimate censorship. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s (...) political philosophy is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Descartes has been accused of reasoning in a circle since the publication of the Meditations. The Circle is easy to point out: it seems that Descartes employs clear and distinct perceptions to demonstrate God’s existence and benevolence, and the latter, in turn, validates the use of clear and distinct perceptions. But is Descartes really guilty of fallacious argument, or can we break the arc somehow?

The paper uses two historical examples, public health (1840-1880) and town planning (1945-1975) in Britain, to analyse the challenges faced by goal-driven research, an increasingly important trend in science policy, as exemplified by the prominence of calls for addressing Grand Challenges. Two key points are argued. (1) Given that the aim of research addressing social or global problems is to contribute to improving things, this research should include all the steps necessary to bring science and technology to fruition. This (...) need is captured by the idea of practical integration, which brings this type of research under the umbrella of collective practical reason rather than under the aegis of science. Achieving practical integration is difficult for many reasons: the complexity of social needs, the plurality of values at stake, the limitation of our knowledge, the elusive nature of the skills needed to deal with uncertainty, incomplete information and asymmetries of power. Nevertheless, drawing from the lessons of the case studies, it is argued that (2) practical integration needs a proper balance between values, institutions and knowledge: i.e. a combination of mutual support and mutual limitation. Pursuing such a balance provides a flexible strategy for approximating practical integration. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities (...) might be available to pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

In this article, I discuss what motivated reasoning research tells us about the prospects for deliberative democracy. In section I, I introduce the results of several political psychology studies examining the problematic affective and cognitive processing of political information by individuals in nondeliberative, experimental environments. This is useful because these studies are often neglected in political philosophy literature. Section II has three stages. First, I sketch how the study results from section I question the practical viability of deliberative democracy. Second, (...) I briefly present the results of three empirical studies of political deliberation that can be interpreted to counter the findings of the studies in section I. Third, I show why this is a misinterpretation and that the study results from section I mean that it is implausible that sites of political deliberation would naturally emerge from the wide public sphere and coalesce into institutionalized forms of the practice such that deliberative democracy can satisfy its raison d’être. Finally, in section III, I conclude that viable conceptions of deliberative democracy should be limited to narrower aims. (shrink)

Most people are completely oblivious to the danger that their medical data undergoes as soon as it goes out into the burgeoning world of big data. Medical data is financially valuable, and your sensitive data may be shared or sold by doctors, hospitals, clinical laboratories, and pharmacies—without your knowledge or consent. Medical data can also be found in your browsing history, the smartphone applications you use, data from wearables, your shopping list, and more. At best, data about your health might (...) end up in the hands of researchers on whose good will we depend to avoid abuses of power.2 Most likely, it will end up with data brokers who might sell it to a future employer, or an insurance company, or the government. At worst, your medical data may end up in the hands of criminals eager to commit extortion or identity theft. In addition to data harms related to exposure and discrimination, the collection of sensitive data by powerful corporations risks the creation of data monopolies that can dominate and condition access to health care. -/- This chapter aims to explore the challenge that big data brings to medical privacy. Section I offers a brief overview of the role of privacy in medical settings. I define privacy as having one’s personal information and one’s personal sensorial space (what I call autotopos) unaccessed. Section II discusses how the challenge of big data differs from other risks to medical privacy. Section III is about what can be done to minimise those risks. I argue that the most effective way of protecting people from suffering unfair medical consequences is by having a public universal healthcare system in which coverage is not influenced by personal data (e.g., genetic predisposition, exercise habits, eating habits, etc.). (shrink)

It is often thought that some version of what is generally called the publicity condition is a reasonable requirement to impose on moral theories. In this article, after formulating and distinguishing three versions of the publicity condition, I argue that the arguments typically used to defend them are unsuccessful and, moreover, that even in its most plausible version, the publicity condition ought to be rejected as both question-begging and unreasonably demanding.

Despite the changes in human behaviour and interactions occasioned by the COVID-19 pandemic, many institutions are yet to adapt to the new normal fully. While some educational institutions switched entirely to e-learning to promote teaching and learning, others could not offer education due to physical and social restrictions. Previous studies in Africa have identified reasons for the poor ICT adoption for educational purposes. However, the degree to which these factors affect ICT utilisation is barely analysed. Using a quantitative approach, this (...) study assessed ICT deployment for teaching in the COVID-19 era by focusing on their availability and challenges. A sample of 344 respondents from a population of 2,867 academic staff at two Nigerian public universities participated in the study. After receiving face validity from experts, a structured questionnaire was used for data collection. Cronbach alpha reliability indices of the questionnaire ranged from 0.72 to 0.94. Descriptive statistics (simple percentages, mean, and standard deviation) and inferential statistics (one-way ANOVA) were used for data analysis. Findings generally revealed a moderate extent in the availability of ICT resources in public universities. The cost of data, computer literacy, and electricity supply are challenges that significantly affected ICT deployment in the COVID-19 era. Based on this finding, it was concluded that personal and institutional challenges affect how ICT resources are deployed in public universities. It was recommended, among other things, that the management of each tertiary institution should apportion proceeds from internally generated revenue to procure ICT resources specific to the need of the school. The study provides the ground for further research into students’ use of ICT for educational purposes. (shrink)

The aim of this article is to investigate the roles of commutative diagrams (CDs) in a specific mathematical domain, and to unveil the reasons underlying their effectiveness as a mathematical notation; this will be done through a case study. It will be shown that CDs do not depict spatial relations, but represent mathematical structures. CDs will be interpreted as a hybrid notation that goes beyond the traditional bipartition of mathematical representations into diagrammatic and linguistic. It will be argued that one (...) of the reasons why CDs form a good notation is that they are highly mathematically tractable: experts can obtain valid results by ‘calculating’ with CDs. These calculations, take the form of ‘diagram chases’. In order to draw inferences, experts move algebraic elements around the diagrams. It will be argued that these diagrams are dynamic. It is thanks to their dynamicity that CDs can externalize the relevant reasoning and allow experts to draw conclusions directly by manipulating them. Lastly, it will be shown that CDs play essential roles in the context of proof as well as in other phases of the mathematical enterprise, such as discovery and conjecture formation. (shrink)

Addressing the debate inspired by John Rawls's restrictive idea of the political role of religion, Jürgen Habermas proposes the institutional translation proviso as an alternative that corrects an overly secularist notion of the state. Maeve Cooke has suggested that religious arguments can be allowed without translation in the institutional level as long as they are non-authoritarian. However, her definition of non-authoritarianism requires an acceptance of the fallibility of the truths acquired by faith, which I argue is unnecessary. Instead, I propose (...) that non-authoritarianism is realized in the recognition of the reconcilability of religious and secular reasons. I demonstrate the viability of this form of non-authoritarianism using particular examples from the Philippine context. I conclude that these attempts constitute an alternative form of epistemic openness to the more stringent forms that Habermas and Cooke have proposed. (shrink)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust (...) in grounding the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

Ideally, should liberals in a pluralistic society be able to agree to abide by a common legal system such that all their disputes are resolved without resort to illegal force? Rawls believes the answer is “yes.” I explain and defend his answer, but I also conclude, focusing on the example of abortion, that the truth is “not necessarily, not always.” Rawls’s conceptions of reasonable citizens and public reason help explain why there is a strong prima facie duty to (...) forswear illegal force. It is based on the duty to respect others, which requires that one be able to justify one's actions to them insofar as they are reasonable and matters of basic justice are at issue. One cannot justify using illegal force to those who reasonably think a law is just; to them it is a form of disrespect. Nonetheless, if one reasonably thinks that a fundamental injustice is tolerated or even established by the law, then one may be no less reasonable than one has reason to be if one uses illegal force, sacrificing this form of respect to right a greater wrong. (shrink)

In bioethics, the predominant categorization of various types of influence has been a tripartite classification of rational persuasion (meaning influence by reason and argument), coercion (meaning influence by irresistible threats—or on a few accounts, offers), and manipulation (meaning everything in between). The standard ethical analysis in bioethics has been that rational persuasion is always permissible, and coercion is almost always impermissible save a few cases such as imminent threat to self or others. However, many forms of influence fall into (...) the broad middle terrain—and this terrain is in desperate need of conceptual refining and ethical analysis in light of recent interest in using principles from behavioral science to influence health decisions and behaviors. This paper aims to address the neglected space between rational persuasion and coercion in bioethics. First, I argue for conceptual revisions that include removing the “manipulation” label and relabeling this space “nonargumentative]influence,” with two subtypes: “reason-bypassing” and “reason-countering.” Second, I argue that bioethicists have made the mistake of relying heavily on the conceptual categories themselves for normative work and instead should assess the ethical permissibility of a particular instance of influence by asking several key ethical questions, which I elucidate, that relate to (1) the impact of the form of influence on autonomy and (2) the relationship between the influencer and the influenced. Finally, I apply my analysis to two examples of nonargumentative influence in health care and health policy: (1) governmental agencies such as the Food and Drug Administration (FDA) trying to influence the public to be healthier using nonargumentative measures such as vivid images on cigarette packages to make more salient the negative effects of smoking, and (2) a physician framing a surgery in terms of survival rates instead of mortality rates to influence her patient to consent to the surgery. (shrink)

The focus of this paper is on Kant and on a text which has often been drawn upon when talking about the present situation of philosophy at university, namely his 'The Conflict of the Faculties' of 1798. Kant’s claims, though not applicable to the contemporary situation directly, can indeed be worked out in a way which can assign a distinct and clearly identifiable role for university-based philosophy. I need to emphasize, though, that I am not suggesting that this is the (...) only way Kant’s thoughts in this respect can be adapted to and utilized for such an account. Quite the contrary, Kant’s text offers a manifold of highly important options here. In my article I will seek to establish the following claims: a) Kant, in his later years, which therefore amounts to something like his “mature” position, subscribed to a conception of a public use of reason which mainly referred to the Faculties of Philosophy at universities. b) Kant’s dismissal of philosophy according to the school conception of it must not be taken as a dismissal of academic philosophy altogether. Philosophy practiced at university by professionals is vital for Kant to build philosophy as a fully worked out discipline and to answer questions revolving around the issue of the compatibility of the theoretical standpoint and Kant’s own moral theory. c) Neither a) nor b) can be immediately applied to the contemporary situation we find ourselves in. Combining elements of a) and b), however, a possible route for the actualization of Kant’s ideas may open up. At least one of the functions for which university-based philosophy is uniquely qualified is the assessment of the implications of progress in the natural sciences for the conception of a moral standpoint in general, and as such for a core element of our self-understanding as rational beings. (shrink)

Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks (...) dominance. This political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to (...) use a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

Many public health dilemmas involve a tension between the promotion of health and the rights of individuals. This article suggests that we should resolve the tension using our familiar liberal principles of government. The article considers the common objections that liberalism is incompatible with standard public health interventions such as anti-smoking measures or intervention in food markets; there are special reasons for hard paternalism in public health; and liberalism is incompatible with proper protection of the community good. (...) The article argues that we should examine these critiques in a larger methodological framework by first acknowledging that the right theory of public health ethics is the one we arrive at in reflective equilibrium. Once we examine the arguments for and against liberalism in that light, we can see the weaknesses in the objections and the strength of the case for liberalism in public health. (shrink)

If the present generation refuses to bear the burden of mitigating global heating, could we motivate sufficient action by shifting that burden to our descendants? Several writers have proposed breaking the political impasse by funding mitigation through public debt. Critics attack such proposals as both unjust and infeasible. In fact, there is reason to think that some debt financing may be more equitable than placing the whole burden of mitigation on the present generation. While it might not be (...) viable for all countries to take this route simultaneously, a vanguard state, or group of states, could use public debt to fund an ambitious programme to develop inexpensive forms of clean low- or no-emission technology. This would ensure that vanguard actor or set of actors a leading role in those sectors while at the same time benefiting future generations around the world. -/- Key policy insights: (a) Debt-financed clean technology research can shift part of the burden of greenhouse gas mitigation to our descendants, breaking the political impasse of inaction or delayed action. (b) Far from being an injustice to future generations, this could actually be fairer than expecting the present generation to bear the full burden of mitigation. (c) Such an initiative may be most feasible if pursued by a vanguard actor. (shrink)

Government agencies and nonprofit organizations have increasingly turned to randomized controlled trials (RCTs) to evaluate public policy interventions. Random assignment is widely understood to be fair when there is equipoise; however, some scholars and practitioners argue that random assignment is also permissible when an intervention is reasonably expected to be superior to other trial arms. For example, some argue that random assignment to such an intervention is fair when the intervention is scarce, for it is sometimes fair to use (...) a lottery to allocate scarce goods. We investigate the permissibility of randomization in public policy RCTs when there is no equipoise, identifying two sets of conditions under which it is fair to allocate access to a superior intervention via random assignment. We also reject oft-made claims that alternative study designs, including stepped-wedge designs and uneven randomization, offer fair ways to allocate beneficial interventions. (shrink)

An organizing theme of the dissertation is the issue of how to make philosophical theories useful for scientific purposes. An argument for the contention is presented that it doesn’t suffice merely to theoretically motivate one’s theories, and make them compatible with existing data, but that philosophers having this aim should ideally contribute to identifying unique and hard to vary predictions of their theories. This methodological recommendation is applied to the ranking-theoretic approach to conditionals, which emphasizes the epistemic relevance and the (...) expression of reason relations as part of the semantics of the natural language conditional. As a first step, this approach is theoretically motivated in a comparative discussion of other alternatives in psychology of reasoning, like the suppositional theory of conditionals, and novel approaches to the problems of compositionality and accounting for the objective purport of indicative conditionals are presented. In a second step, a formal model is formulated, which allows us to derive quantitative predictions from the ranking-theoretic approach, and it is investigated which novel avenues of empirical research that this model opens up for. Finally, a treatment is given of the problem of logical omniscience as it concerns the issue of whether ranking theory (and other similar approaches) makes too idealized assumptions about rationality to allow for interesting applications in psychology of reasoning. Building on the work of Robert Brandom, a novel solution to this problem is presented, which both opens up for new perspectives in psychology of reasoning and appears to be capable of satisfying a range of constraints on bridge principles between logic and norms of reasoning, which would otherwise stand in a tension. (shrink)

A RELATIVISTIC THEORY OF PHENOMENOLOCICAL CONSTITUTION: A SELF-REFERENTIAL, TRANSCENDENTAL APPROACH TO CONCEPTUAL PATHOLOGY. (Vol. I: French; Vol. II: English) -/- Steven James Bartlett -/- Doctoral dissertation director: Paul Ricoeur, Université de Paris Other doctoral committee members: Jean Ladrière and Alphonse de Waehlens, Université Catholique de Louvain Defended publically at the Université Catholique de Louvain, January, 1971. -/- Universite de Paris X (France), 1971. 797pp. -/- The principal objective of the work is to construct an analytically precise methodology which can serve (...) to identify, eliminate, and avoid a certain widespread _conceptual fault_ or _misconstruction_, called a "projective misconstruction" or "projection" by the author. It is argued that this variety of error in our thinking (i) infects a great number of our everyday, scientific, and philosophical concepts, claims, and theories, (ii) has largely been undetected, and (iii), when remedied, leads to a less controversial and more rigorous elucidation of the transcendental preconditions of human knowledge than has traditionally been possible. The dissertation identifies, perhaps for the first time, a _projective_ variety of self-referential inconsistency, and proposes an innovative, self-reflexive approach to transcendental argument in a logical and phenomenological context. The strength of the approach lies, it is claimed, in the fact that a rejection of the approach is possible only on pain of self-referential inconsistency. The argument is developed in the following stages: A general introduction identifies the central theme of the work, defines the scope of applicability of the results reached, and sketches the direction of the studies that follow. The preliminary discussion culminates in a recognition of the need for a _critique of impure reason_. The body of the work is divided into two parts: Section I seeks to develop a methodology, on a purely formal basis, which is, on the one hand, capable of being used to study the transcendental foundations of the special sciences, including its own proper transcendental foundation. On the other hand, the methodology proposed is intended as a diagnostic and therapeutic tool for dealing with _projective_ uses of concepts. The approach initiates an analysis of concepts from a perspective which views _knowledge as coordination_. Section I describes formal structures that possess the status of preconditions in such a coordinative account of knowledge. Special attention is given to the preconditions of _identifying reference_ to logical particulars. The first section attempts, then, to provide a self-referential, transcendental methodology which is essentially revisionary in that it is motivated by a concern for conceptual error-elimination. Phenomenology, considered in its unique capacity as a self-referential, transcendental discipline, is of special relevance to the study. Section II accordingly examines a group of concepts which come into question in connection with the central theme of _phenomenological constitution_. The "_de-projective methodology_" developed in Section I is applied to these concepts that have a foundational importance in transcendental phenomenology. A translation is, in effect, proposed from the language of consciousness to a language in which preconditions of referring are investigated. The result achieved is the elimination of self-defeating, projective concepts from a rigorous, phenomenological study of the constitutive foundations of science. The dissertation was presented in a two volume, double-language format for the convenience of French and English researchers. Each volume contains an analytical index. (shrink)

A critical but underdeveloped part of the libertarian debate about immigration is the question of who, if anyone, owns public property, and the consequences of the answer to this question. Libertarians who favor restrictive immigration policies, such as Hans-Hermann Hoppe, argue that taxpayers own public property, and that the state, while it is in control of such property, should manage it on behalf of taxpayers in the same way private owners would manage their own property. In other words, (...) it should be quite selective about who may enter. Walter Block, who takes an “open borders” position, does not appear to dispute the claim that taxpayers own public property, but nevertheless argues that immigrants are entitled to ignore the state’s control of, and thus may freely enter, such property. In this article I explore the question of public property ownership using Rothbardian property rights principles. I conclude that, at least with respect to a particular type of public property, neither Hoppe’s nor Block’s reasoning is consistent with these principles. I also consider the idea that the state ought to have a role in managing public property in light of some libertarian anarchist ideas about the state. I conclude that supporting a legitimate role for the state as an immigration gatekeeper is inconsistent with Rothbardian and Hoppean libertarian anarchism, as well as with the associated strategy of advocating always and in every instance reductions in the state’s role in society. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to (...) use a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

Immanuel Kant’s theory of justifiable resistance to authority is complex and, at times, appears to conflict with his own practice, if not with itself. He distinguishes between the role of authority in “public” and “private” contexts. In private—e.g., when a person is under contract to do a specific job or accepts a social contract with one’s government—resistance is forbidden; external behavior must be governed by policy or law. In contexts involving the public use of reason, on the (...) other hand—e.g., when a person is faced with a moral decision or is engaged in a philosophical dispute—the freedom of conscience sometimes requires resistance, especially in cases where other persons inappropriately attempt to usurp authority over matters that are rightfully up to the individual to decide. In texts such as Perpetual Peace, Kant looks forward to a political situation wherein no political resistance (e.g., in the form of war) would be necessary. Yet in Metaphysics of Morals, he argues that a citizen never has the right to revolt against one’s government, suggesting we must cooperate even with war. On a personal level, Kant openly praised both the American and the French revolutions; yet when his own writings on religion were deemed by the censor to have come into conflict with the king’s edict, Kant failed to resist the (arguably unjust) authority; instead, he gave up his (apparently public) right to free philosophical expression, promising never to write or speak on religion again during the king’s reign. I shall argue that a key to resolving these tensions lies in the principle that universities must promote a healthy, public “conflict” between philosophers and all “private” employments of reason. The only ground for disallowing private resistance, therefore, is the underlying presence of genuine philosophical resistance. (shrink)

At the core of political liberalism is the claim that political institutions must be publicly justified or justifiable to be legitimate. What explains the significance of public justification? The main argument that defenders of political liberalism present is an argument from disagreement: the irreducible pluralism that is characteristic of democratic societies requires a mode of justification that lies in between a narrowly political solution based on actual acceptance and a traditional moral solution based on justification from the third-person perspective. (...) But why should we take disagreements seriously? This – epistemic question – has not received the attention it deserves so far. I argue that the significance of public justification can be explained through the possibility of reasonable disagreement. In a reasonable disagreement, the parties hold mutually incompatible beliefs, but each is justified to hold the belief they do. I shall use the notion of a reasonable disagreement to explain the possibility of an irreducible pluralism of moral and religious doctrines and, on that basis, why the justification of political institutions has to be public. (shrink)

New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen in (...) public, from the reasonable expectation that we not be followed. Drawing on a critical discussion of the plain view doctrine, analysis of privacy interests in public places, and distinguishing privacy from property interests, the article contends that government use of GPS to track our movements should require a warrant. (shrink)

This paper challenges the first Gettier counterexample to the tripartite account of knowledge. Noting that 'the man who will get the job' is a description and invoking Donnellan's distinction between their 'referential' and 'attributive' uses, I argue that Smith does not actually believe that the man who will get the job has ten coins in his pocket. Smith's ignorance about who will get the job shows that the belief cannot be understood referentially, his ignorance of the coins in his pocket (...) shows that it cannot be understood attributively. An explanation for why Smith appeared to have justified true belief is given by distinguishing between 'belief' and 'belief in truth'. Smith believes the sentence 'the man who will get the job has ten coins in his pocket' to be true (he mistakenly believes that Jones will get the job, of whom he knows that he has ten coins in his pocket) (hence his 'belief'), the sentence is true (hence 'truth'), and he has sufficient reason to assent to it (hence his 'justification'). But he does not believe the proposition expressed. Hence he does not know it either. (shrink)

This essay develops Kant’s theory of reform to theorize racial justice reform. I assess the function of Kant’s philosophy of race as part of his nonideal theory of justice, which offers a racist pragmatic anthropology that uses the concept of race to determine the practical effectiveness of legislative reason. His philosophy of race defends a teleological account of the natural history of the human species to fulfill the requirements of justice and assumes that certain racial groups have failed to (...) develop their innate capacity for legislative reason. I show that we need an alternative Kantian nonideal theory of justice that demonstrates how legislative reason actualizes practical freedom. Rather than appeal to anthropology, I expand Kant’s model of public reason to advance racial justice reform under the conditions of partial compliance to the requirements of justice in a profoundly nonideal republic such as the U.S. I then showcase the promise—and limits—of the a priori ideals of citizenship and publicity for racial justice reform and introduce the ideal of interracial civic fellowship to guide the public use of reason in nonideal circumstances. (shrink)

Opponents of medically assisted dying have long appealed to ‘slippery slope’ arguments. One such slippery slope concerns palliative care: that the introduction of medically assisted dying will lead to a diminution in the quality or availability or palliative care for patients near the end of their lives. Empirical evidence from jurisdictions where assisted dying has been practiced for decades, such as Oregon and the Netherlands, indicate that such worries are largely unfounded. The failure of the palliation slope argument is nevertheless (...) instructive with respect to how slippery slope arguments can be appraised without having to await post-facto evidence regarding the effects of a proposed change in public policy. Close attention in particular to the norms operative in a given institution and how changes to policy will interact with those norms enable slippery slopes to be credibly appraised. (shrink)

Purpose. Our study aims at developing a conceptual model of transdisciplinary synthesis of philosophical-anthropological, sociopolitical and epistemological aspects of co-evolution of the scientific and technical designs of High Hume class and the socio-cultural / political context in the process of anthropo-socio-cultural genesis. The relevance of the topic is justified by the technologization of all spheres of human existence and the emergence of High Hume class technologies, which can be called technology-driven equally. As a result, the concepts of "bio-power" and "biopolitics" (...) have become ones of the most frequently mentioned in modern philosophical and anthropological discourse and attract increasing attention of philosophers, sociologists, and, in the last decadecades, experts in the field of practical political science and economics (Foucault, Agamben, Žižek, Kebnik, Nadesan, etc.). Theoretical basis. It is problem-theoretical research; We synthesize the results of our publications in recent years. We proceed from the fact that the main question of the informational phase of the development of a technogenic civilization lies in the rationalization and technologization of the evolutionary process, i.e. in the removal of the fundamental ontological antinomy “Evolution versus Reasonable Design”, as a result for modern neoliberal political democracy, biopower and its theoretical understanding (biopolitics) are effective tools and technologies to form of optimal trends of the global evolutionary process, in the framework of this ideological system. We have chosen the comparative conceptual analysis combining with the results of the content analysis of Web publications by the main method of the study. Originality of the research is in the fact that the central core of such a model is the use of a conceptual and terminological apparatus for describing the mechanisms of the progressive evolution of complex systems, known as the “triple spiral” by Ledeisdorf-Itskovich. This allowed us to integrate the bio-power phenomenon into the general scheme of a stable evolutionary strategy of a technogenic civilization. The conclusions. We justified the transformation of biopolitics into the main factor in the global evolution of self-organizing human-sized systems, including the biosphere as a whole. This is achieved through the creation of a specific (bio) ethical system of imperatives and the activities of individuals in relation to themselves and other agents of social actions. Bioethics with a trail of associated conceptual areas (biosociology, bioeconomics, biohistory, etc.) turned out to be the only rationalized regulator of the process of biological and sociocultural evolution. The triple spiral biotechnology – bioeconomy – bioenergy as the material substance of the life of technological civilization is reflected in the ideal world as a triad of bioethics – biosociology – biopolitics. Both triads form closed cycles of evolutionary transformations that transmit and amplify the initial momentum of transformations on each other through a cascade mechanism with positive feedback. (shrink)