In this article, we develop a new approach to integrating philosophical phenomenology with qualitative research. The approach uses phenomenology’s concepts, namely existentials, rather than methods such as the epoché or reductions. We here introduce the approach to both philosophers and qualitative researchers, as we believe that these studies are best conducted through interdisciplinary collaboration. In section 1, we review the debate over phenomenology’s role in qualitative research and argue that qualitative theorists have not taken full advantage of what philosophical (...) phenomenology has to offer, thus motivating the need for new approaches. In section 2, we introduce our alternative approach, which we call Phenomenologically Grounded Qualitative Research (PGQR). Drawing parallels with phenomenology’s applications in the cognitive sciences, we explain how phenomenological grounding can be used to conceptually front-load a qualitative study, establishing an explicit focus on one or more structures of human existence, or of our being in the world. In section 3, we illustrate this approach with an example of a qualitative study carried out by one of the authors: a study of the existential impact of early parental bereavement. In section 4, we clarify the kind of knowledge that phenomenologically grounded studies generate and how it may be integrated with existing approaches. (shrink)

Appiah’s latest book does something distinctive: it shows why we need to take another look at very familiar dimensions of identity, those dimensions of our personhood that encompass cultural loyalties, moral responsibilities towards others, and the ethical life. Indeed, Appiah’s book is a kind of answer to an ancient Socratic question, that is, what sort of person one aims to be. The Ethics of Identity is an apt title, for the arguments contained within make the case that who we are (...) is often defined by what we are, whether we are conscious of this fact or not. This insight, as venerably ancient as it is currently in vogue, is examined here with renewed vigour and nuance. (shrink)

A review of Anthony Appiah's Experiments in Ethics.

Historical Cognitive Science I am lucky to strike three reviewers who extract so clearly my book's spirit as well as its substance. They all both accept and act on my central methodological assumption; that detailed historical research, and consideration of difficult contemporary questions about cognition and culture, can be mutually illuminating. It's gratifying to find many themes which recur in different contexts throughout _Philosophy and Memory_ _Traces_ so well articulated here. The reviews catch my desires to interweave discussion of cognitive (...) theories of memory with moral questions of psychological control and self-mastery, to evoke the virtues and the pleasures of strange, baroque beliefs about fickle 'animal spirits' coursing through the nerves and the brain, to demonstrate that mechanistic explanation (even in its blunt old Cartesian form) can acknowledge complexity, and to develop scientific conceptions of dynamic memory traces and representations which can survive uncharitable philosophical criticism. The book's insistent interdisciplinarity is just an inchoate quest to acknowledge the daunting variety of the phenomena: remembering is both natural and cultural, and is studied by narrative theorists as well as neurobiologists, by physicists as well as psychologists. By fusing the rangy detail of a history of early modern neurophysiology with the committed, even gullible fervor of a defence of 'new connectionist' cognitive science, I wanted to pull out the carpet from all those who are happy to let 'scientific' and 'cultural' approaches to the mind run along independently. Once this general project is given space, as it is by all three reviewers, we can get down to specifics. (shrink)

This is a review of David Phillips, Sidgwick's The Methods of Ethics: A Guide.

How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...) (e.g., a person, institution, or law) has authority over an agent, then the directives of x produce a significant reason for the agent to comply with the terms of the directive. This paper concerns the sense in which international law, and the law of nascent legal systems generally, generate moral obligations for their subjects, i.e., for those who fall under their claimed jurisdiction. (shrink)

This is a critical review of Roger Crisp's The Cosmos of Duty. The review praises the book but, among other things, takes issue with some of Crisp's criticisms of Sidgwick's view that resolution of the free will problem is of limited significance to ethics and with Crisp's claim that in Methods III.xiii Sidgwick defends an axiom of prudence that undergirds rational egoism.

Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, individuals (...) who exercise parental responsibility or a court, retain the authority to consent on an adolescent’s behalf. We explore four defences of the doctrine. We reject two attempts to defend the asymmetry in the power to consent to and refuse medical treatment by reference to transitional paternalism. We then consider and reject a stage of life justification. Finally, we articulate a justification based on the distinctiveness of adolescent well-being. (shrink)

Sebastian Rödl’s 2018 book articulates and unfolds the thought that judgment’s self-consciousness is identical with its objectivity. This view is laid forth in a Hegelian spirit, against the spirit of Kant’s merely formal or transcendental idealism. I review Rödl’s central theses and then offer a criticism of his reading of Kant. I hold that we can agree with Rödl that self-consciousness is identical with objectivity (though only in a ‘formal’ sense). We can also agree with Rödl that this identity (...) enables us to see the completeness and the incompleteness of judgment as two sides of one coin. And, it is not necessary to reject the formality or ‘emptiness’ of Kant’s ‘I think’ in order to establish these points. Indeed, the virtues of these theses flows directly from such notions in Kant. And, because Rödl need not reject the central features of Kant’s formal idealism, he also need not locate them as the source of the need for a turn to Hegel. (shrink)

The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...) address the basic reasons generating criminal liability. This reframes the normative issues at stake, and has the result that various, perhaps quite heterogeneous, considerations can substantiate penal authority. It also eliminates the existence of a special relation as a necessary condition for legitimate criminal accountability. The argument proceeds by offering an analysis and account of universal jurisdiction. Not only does the alternative elegantly perform where the received view struggles, it can accommodate much of what motivates the pursuit of relational ties in existing efforts to vindicate jurisdictional conclusions. (shrink)

Nausea by Jean-Paul Sartre is often interpreted as an ideal textbook summarising the main points of Sartre’s quite technical argumentation in his academic writings; it illustrates his theoretical views on the nature of time, while it presents a philosophical justification of art through the adventures of the novel’s hero, who is none other than the author in disguise. I show that, despite its popularity, this interpretation is incorrect. I provide an alternative reading of the novel that would identify its core (...) themes, in a way that illuminates the reflective distance between the fictional agent and the philosophical narrator. (shrink)

A review of two recent books on Kierkegaard's thought, with attention to his relevance for ethics, phenomenology, and metaphysics.

This is a critical review of J. B. Schneewind's Essays on the History of Moral Philosophy.

This is a critical review of Terence Irwin's The Development of Ethics: A Historical and Critical Study. Volume III: From Kant to Rawls. Among other things, the review remarks on the book's treatment of utilitarianism and on its lack of discussion of work in feminist ethics in the twentieth century.

A critical review of Fred Feldman's What is This Thing Called Happiness? which includes a partial defence of the life satisfaction theory of happiness.

Despite F. W. J. Schelling’s relative exclusion from the ongoing German idealist renaissance in Anglophone scholarship, recent critical and historical engagement with idealist texts affords an unprecedented opportunity to discover the richness and value of his thinking. This volume provides a wide-ranging presentation of Schelling’s original contribution to and internal critique of the basic insights of German idealism, his role in shaping the course of post-Kantian thought, and his sensitivity and innovative responses to questions of lasting metaphysical, epistemological, ethical, aesthetic, (...) and theological importance. The contributing authors offer compelling reasons to regard Schelling as one of Kant’s most incisive interpreters, a pioneering philosopher of nature, a resolute philosopher of human finitude and freedom, a nuanced thinker of the bounds of logic and self-consciousness, and perhaps Hegel’s most effective critic. (shrink)

This is a critical review of David Phillips's Sidgwickian Ethics. The book deserves high praise.

Martha Nussbaum’s new book Political Emotions is a contribution to political philosophy and, simultaneously, a moral-psychological study of the emotions. In it, she revisits some of the most prominent themes in her 2004 book Hiding from Humanity and her 2001 treatise, Upheavals of Thought. As Nussbaum points out in the opening pages of Political Emotions, one of her goals in this work is to answer a call issued by John Rawls for a “reasonable moral psychology” that would be conceptually refined (...) and empirically grounded, since a complete theoretical account of the just society must be informed by a suitably complex, accurate conception of human emotions. On the whole, Political Emotions is a remarkably successful book that combines several areas of philosophical research in which the author’s proficiency is well known. It shows how problems that lie on the more intimate side of ethics, pertaining for instance to friendship and family life, have relevance for social justice and publi .. (shrink)

DOI:10.20850/9781716645440 -/- An amazing exploration of the mind is now possible for everyone. With the Colors of The Sunrise, the first volume of the series The Psychotherapy of Whole: Aesthetics, Philosophy, Humanism, and Cognitive Science the reader has the opportunity to engage with a book that utilizes the methods and structure of self-help, popular science, and expressive therapies books. -/- Science, psychotherapy, philosophy, music, art and digital reality for the first time come together in a book phenomenon and a series (...) designed during 16 years to provide the first A.I Psychotherapy model internationally, focused on a profound study that has been evaluated by leading names from many of the areas analyzed around the world. -/- The book has been based on the background of advanced academic research, lending from the recent and updated investigations in an extraordinary number of areas. These include but are not limited to the disciplines of social sciences, psychiatry, philosophy, expressive art therapies, exact sciences, history, politics, artificial intelligence, and humanities that are presented from a global perspective. -/- Linguistics, neuroscience, anthropology, robotics, physics, and mathematics reconsidered as positive parts of the universal structures. It is explained the manner of uniting the cognition staying in perfect harmony with the today’s knowledge acquired by cognitive science, and the knowledge that traditionally contributes to the flourishing of the human mind through the philosophical approaches. -/- This manner discovered through the cutting-edge clinical and scientific study of the author. As a Licensed Social Worker and Cognitive Scientist, Anthony N. Skarvelakis devoted many years of professional investigation to reach a cognitive metaprogram as a model that expands human thought, giving the solution searched for years regarding the design of the first complete model of A.I Psychotherapy. (shrink)

The growth of individuals and society heavily relies on education. Certain hindrances may prompt some students to halt their academic pursuits temporarily. This is known as "Balik-aral." The exploration of the quality of life, lived experiences, and challenges of grade 12 Balik-aral students was undertaken by the authors to break their silence and help them by developing recommendations that could be presented to the school's key stakeholders. A phenomenological approach was used to understand the phenomenon in a study involving five (...) grade 12 balik-aral students from different strands currently enrolled in a public school in Cebu City, Philippines. A structured interview was used to collect data, and significant themes emerged during data analysis using Colaizzi's method. The study revealed several sub-themes, including age disparities and pressure to obtain the diploma while maintaining quality of life. Additionally, key informants emphasized the sense of community and an immersive learning environment in their lived experiences as balik-aral students. Finally, competing priorities and scarcity of resources emerged as significant challenges for those involved in the study. Consequently, the investigation has determined that balik-aral students must be treated equitably to foster their engagement with their peers and enhance their self-assurance, ultimately leading to academic success. (shrink)

The area of operative metaphysics speaks of a metaphysical system that does not just exist as an ivory tower apart from people’s experience, but one that could be applied to a concrete historical circumstance. This piece studies the concept of being as understood by Pantaleon Iroegbu, as being qua belongingness. The concept of being qua belongingness lies within the parameters of operative metaphysics. Pantaleon’s concept of being is analysed alongside the situation of crisis in the Niger Delta region, which the (...) researcher believes was born out of the feeling of neglect and marginalization. Placed alongside Pantaleon’s philosophy of belongingness which opines that to be is to belong, this piece proposes that if the Niger Delta people are given a sense of belongingness, the crisis in the region would come under a more genuine control. (shrink)

Abstract In his discourses on ‘the lily of the field and the bird of the air,’ Kierkegaard presents faith as the best possible response to our precarious and uncertain condition, and as the ideal way to cope with the insecurities and concerns that his readers will recognize as common features of human existence. Reading these discourses together, we are introduced to the portrait of a potential believer who, like the ‘divinely appointed teachers’—the lily and the bird—succeeds in leading a life (...) that is full of care, but free of worry. Such a portrait, we claim, echoes Kierkegaard’s portrait of the knight of faith in Fear and Trembling . In this essay we suggest that faith, as characterized in the ‘lily and bird’ discourses, is a kind of existential trust that would allow us to overcome worry, while remaining wholeheartedly engaged in the finite realm of our cares and concerns. We claim that Kierkegaard’s goal in these discourses is not to belittle our earthly cares, but to invite us to develop a modified attitude toward all that we are susceptible to worry about. Content Type Journal Article Category Article Pages 1-19 DOI 10.1007/s11153-011-9322-5 Authors Sharon Krishek, Department of Philosophy, The Hebrew University of Jerusalem, Jerusalem, Israel Rick Anthony Furtak, Department of Philosophy, Colorado College, Colorado Springs, CO, USA Journal International Journal for Philosophy of Religion Online ISSN 1572-8684 Print ISSN 0020-7047. (shrink)

Uncertainty is recognized as a key issue in water resources research, amongst other sciences. Discussions of uncertainty typically focus on tools and techniques applied within an analysis, e.g. uncertainty quantification and model validation. But uncertainty is also addressed outside the analysis, in writing scientific publications. The language that authors use conveys their perspective of the role of uncertainty when interpreting a claim —what we call here “framing” the uncertainty. This article promotes awareness of uncertainty framing in four ways. 1) It (...) proposes a typology of eighteen uncertainty frames, addressing five questions about uncertainty. 2) It describes the context in which uncertainty framing occurs. This is an interdisciplinary topic, involving philosophy of science, science studies, linguistics, rhetoric, and argumentation. 3) We analyze the use of uncertainty frames in a sample of 177 abstracts from the Water Resources Research journal in 2015. This helped develop and tentatively verify the typology, and provides a snapshot of current practice. 4) Provocative recommendations promote adjustments for a more influential, dynamic science. Current practice in uncertainty framing might be described as carefully-considered incremental science. In addition to uncertainty quantification and degree of belief (present in ~5% of abstracts), uncertainty is addressed by a combination of limiting scope, deferring to further work (~25%) and indicating evidence is sufficient (~40%) – or uncertainty is completely ignored (~8%). There is a need for public debate within our discipline to decide in what context different uncertainty frames are appropriate. Uncertainty framing cannot remain a hidden practice evaluated only by lone reviewers. (shrink)

Modesty is sometimes understood in terms of ignorance and underestimation (one simply doesn't realize how good one really is), a keen awareness of one's relative imperfections (one can always be better), a preoccupation with moral equality (our humanity matters most), or a disinterest in any personal credit for one's attributes or accomplishments (only the work or the cause matters). I point to serious problems with each of these accounts of modesty and I suggest a different understanding of modesty as a (...) virtue. (shrink)

Sara Suleri has written recently, in Meatless Days, of being treated as an "otherness machine"-and of being heartily sick of it.20 Perhaps the predicament of the postcolonial intellectual is simply that as intellectuals-a category instituted in black Africa by colonialism-we are, indeed, always at the risk of becoming otherness machines, with the manufacture of alterity as our principal role. Our only distinction in the world of texts to which we are latecomers is that we can mediate it to our fellows. (...) This is especially true when postcolonial meets postmodern; for what the postmodern reader seems to demand of Africa is all too close to what modernism-in the form of the postimpressionists-demanded of it. The role that Africa, like the rest of the Third World, plays for Euro-American postmodernism-like its better-documented significance for modernist art-must be distinguished from the role postmodernism might play in the Third World; what that might be it is, I think, too early to tell. What happens will happen not because we pronounce on the matter in theory, but will happen out of the changing everyday practices of African cultural life.For all the while, in Africa's cultures, there are those who will not see themselves as Other. Despite the overwhelming reality of economic decline; despite unimaginable poverty; despite wars, malnutrition, disease, and political instability, African cultural productivity grows apace: popular literatures, oral narrative and poetry, dance, drama, music, and visual art all thrive. The contemporary cultural production of many African societies, and the many traditions whose evidences so vigorously remain, is an antidote to the dark vision of the postcolonial novelist. 20. Sara Suleri, Meatless Days , p. 105. Kwame Anthony Appiah, professor of philosophy and literature at Duke University, is the author of a number of books, including For Truth in Semantics , Necessary Questions , and In My Father's House , a collection of essays on African cultural politics. His first novel, Avenging Angel, was published in 1990. (shrink)

The importation of Lacanian psychoanalysis into film theory in the 1970s and 1980s ushered in a new era of cinema scholarship and criticism. Figures including Raymond Bellour, Laura Mulvey, and Christian Metz are often considered the pioneers of applying Lacanian psychoanalysis in the context of film theory, most notably through their writings in Screen Journal. However, where French and British scholarship on Lacan and film reached its limits, American Lacanianism flourished. When Joan Copjec’s now classic essay “The Orthopsychic Subject: Film (...) Theory and the Reception of Lacan” was published in 1989, the trajectory of Lacanian film theory would become radically altered; as Todd McGowan recently put it, the “butchered operation” on Lacan committed by Mulvey and (quoting Copjec) the “Foucaultianization” of Lacan under the auspices of Screen Journal were finally indicted in one gesture through Copjec’s critique. Copjec and McGowan’s unique American view of Lacan marks a pivotal point in the convergence of psychoanalytic theory and cinema studies; by seeking to wrest Lacan from historist/deconstructionist theories of the subject, and by revisiting Lacan beyond the mirror stage, Copjec and McGowan can be said to have instantiated a resuscitation or even a renaissance of Lacanian theory in film studies in particular and in American scholarship more generally. In this essay, this renaissance of Lacanian theory is examined, focusing on the innovations these two American thinkers brought to psychoanalytic film theory and the multiple paths carved out into other disciplines that followed. First, a detailed summation of the contentions between screen theory and Copjec’s position is introduced, as well as McGowan’s assessment thereof. Then, the trajectory of psychoanalytic film theory after Copjec’s arrival is the focus, including the major innovations in her thought from cinematic subjectivity to sexual difference (most notably from Read My Desire) and the way her position spread to philosophy and ontology. Finally, the article identifies the limitations of Copjec’s and McGowan’s thought and seeks new possibilities through which we may continue to apply psychoanalysis to the cinema in the wake of these two important thinkers. L’importation de la psychanalyse lacanienne dans la théorie du film au cours des années 1970 et 1980 a apporté une nouvelle ère de recherche et de critique cinématographiques. Des figures comme Raymond Bellour, Laura Mulvey et Christian Metz sont souvent considérées comme étant les pionniers dans l’application de la psychanalyse lacanienne au contexte de la théorie du film, surtout dans leurs écrits pour le Screen Journal. Par contre, là où les recherches françaises et britanniques sur Lacan et la cinématographie ont atteint leurs limites, le lacanisme américain a prospéré. La publication en 1989 de « The Orthopsychic Subject: Film Theory and the Reception of Lacan », l’essai classique de Joan Copjec, a complètement changé la trajectoire de la théorie lacanienne du film; comme Todd McGowan l’a récemment exprimé, « l’opération massacrée » commise sur Lacan par Mulvey et (citant Copjec) la « Foucaultisation » de Lacan sous les auspices de Screen Journal avaient finalement été accusées d’un seul coup par la critique de Copjec. Le point de vue uniquement américain de Copjec et de McGowan sur Lacan marque un tournant dans la convergence de la théorie psychanalytique et des études cinématographiques. En cherchant à arracher Lacan des théories historicistes/déconstructivistes du sujet, et en revisitant Lacan au-delà du stade du miroir, Copjec et McGowan ont instancié une ressuscitation, voire une renaissance, de la théorie lacanienne dans les études cinématographiques en particulier et dans les études américaines en général. Dans cet article, cette renaissance de la théorie lacanienne est examinée, mettant l’accent sur les innovations que ces deux penseurs américains ont apportées à la théorie psychanalytique du film et les multiples chemins tracés dans d’autres disciplines subséquentes. Premièrement, un résumé détaillé des différends entre la théorie du film et la position de Copjec est présenté, ainsi que l’évaluation de McGowan à ce sujet. Puis, la trajectoire de la théorie psychanalytique du film après l’arrivée de Copjec est mise de l’avant, notamment les innovations importantes de sa pensée de la subjectivité à la différence sexuelle (particulièrement dans Read My Desire) et la manière dont sa position s’est propagée dans la philosophie et l’ontologie. Finalement, l’article identifie les limites de la pensée de Copjec et de McGowan et cherche de nouvelles possibilités à travers lesquelles nous pourrions continuer d’appliquer la psychanalyse au cinéma après ces deux grands penseurs. (shrink)

Although social scientists have identified diverse behavioral patterns among children from dissimilarly structured families, marketing scholars have progressed little in relating family structure to consumption-related decisions. In particular, the roles played by members of single-mother families—which may include live-in grandparents, mother’s unmarried partner, and step-father with or without step-sibling(s)—may affect children’s influence on consumption-related decisions. For example, to offset a parental authority dynamic introduced by a new stepfather, the work-related constraints imposed on a breadwinning mother, or the imposition of adult-level (...) household responsibilities on children, single-mother families may attend more to their children’s product preferences. -/- Without a profile that includes socio-economic, behavioral, and psychological aspects, efficient and socially responsible marketing to single-mother households is compromised. Relative to dual-parent families, single-mother families tend to have fewer resources and less buying power, children who consume more materialistic and compulsively, and children who more strongly influence decision making for both own-use and family-use products. Timely research would ensure that these and other tendencies now differentiate single-mother from dual-parent families in ways that marketers should address. Hence, our threefold goal is (1) to consolidate and highlight gaps in existing theory applied to studying children’s influence on consumption-related decision making in single-mother families, and (2) to propose a hybrid framework that merges two theories conducive to such research, and (3) to identify promising research propositions for future research. (shrink)

Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...) and other signs in communication. -/- Pragmatics recognizes that speaker meaning can differ from (and even contradict) linguistic meaning, including the literal meaning of text. In its proper context, for example, “Bob is indeed a good lawyer” can ironically mean just the opposite. Pragmatics also recognizes that relevant text is not a thing-in-itself that is simply given. Good lawyers look at such things as purpose and cohesion when determining relevant text. They do not simply take their opponent’s (or even their client’s) assertions of relevance. -/- Pragmatics also provides lawyers with a number of specific concepts and tools which are helpful in determining speaker meaning. For user convenience, this article attempts to set out in one place a number of such concepts and tools. These include: (1) types of cohesion that help determine relevant text, (2) types of context that help determine meaning, (3) pragmatic principles of construction such as principles of relevance and politeness, and (4) important pragmatic notions or devices such as anaphora, cataphora, ellipsis, deixis, presupposition, unstated premises, entailment, and implementives. -/- Finally, as a recurring example (among others) of pragmatics in action, this article examines from multiple perspectives textual issues raised in King v. Burwell, 576 U.S. __ (2015). -/- Keywords: Pragmatics, Semiotics, Interpretation, Textualism, Plain Meaning, King v. Burwell, Affordable Care Act, Text, Meaning, Speaker Meaning, Implicature. (shrink)

One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the view (...) that regards the right to healthcare as fundamentally moral in kind, which should thereby guide its legal and contractual appropriations. In particular, we respond to objections against this view stemming from issues concerning the universality and satisfiability of the right’s correlative duty. We deal with such issues by invoking the relative degree of incumbency of moral rights and the capability-relativity of positive duties. We further contend that as these factors define the scope of the moral right to healthcare, they thus constrain what we can demand as a matter of right to meet our healthcare needs in this time of the pandemic. (shrink)

This book presents a (new) attempt to apply the notion of an underlying logic to Aristotle’s Organon and certain passages of the Metaphysics. The author situates his approach as part of a ‘deductio...

My goal in this paper is to reconstruct Anthony Collins’ challenge to the authority of orthodox Anglican figures, which arises due to arguments Collins develops in his Vindication of the Divine Attributes (1710) and Discourse on Free-Thinking (1713). In addition to shedding light on a hitherto underappreciated argument by Collins, my reconstruction allows me to propose a solution to the interpretive problem posed by §§16–22 of the fourth dialogue of Berkeley’s Alciphron (1732). While it has been acknowledged that Collins (...) looms large in the background of these sections, Berkeley’s argumentative strategy has remained perplexing to commentators, particularly his references to several Scholastic thinkers. I argue that we can make sense of Berkeley’s strategy and references if we appreciate that these sections are intended to evade Collins’ challenge. (shrink)

Sutton's response to three reviews, by Catherine Wilson, Theo Meyering, and Michael Mascuch. Topics include historical cognitive science; the historical link between animal spirits and neural nets; conceptual change; control and time in memory; and Descartes the neurophilosopher.

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues with two professor (...) types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

I am very used to strange books and special people but Hawkins stands out due to his use of a simple technique for testing muscle tension as a key to the “truth” of any kind of statement whatsoever—i.e., not just to whether the person being tested believes it, but whether it is really true! What is well known is that people will show automatic, unconscious physiological and psychological responses to just about anything they are exposed to—images, sounds, touch, odors, ideas, (...) people. So muscle reading to find out their true feelings is not radical at all, unlike using it as a dousing stick (more muscle reading) to do “paranormal science”. Hawkins describes the use of decreasing tension in the muscles of an arm in response to increases in cognitive load thus causing the arm to drop in response to the constant pressure of someone’s fingers. He seems unaware that there is a long established and vast ongoing research effort in social psychology referred to by such phrases as ‘implicit cognition’, ‘automaticity’ etc., and that his use of ‘kinesiology’ is one tiny section. In addition to muscle tone (infrequently used) social psychologists measure EEG, galvanic skin response and most frequently verbal responses to words, sentences, images or situations at times varying from seconds to months after the stimulus. Many, such as Bargh and Wegner, take the results to mean we are automatons who learn and act largely without awareness via S1 and many others such as Kihlstrom and Shanks say these studies are flawed and we are creatures of S2. Though Hawkins seems to have no idea, as in other areas of the descriptive psychology of higher order thought, the situation regarding “automaticity” is still as chaotic as it was when Wittgenstein described the reasons for the sterility and barrenness of psychology in the 30’s. Nevertheless, this book is an easy read and some therapists and spiritual teachers may find it of use. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle 59p(2016). For all my articles on Wittgenstein and Searle see my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in all my writings in their most recent versions may consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) Amazon ASIN # B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) Amazon ASIN # B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) Amazon ASIN # B0711R5LGX . (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...) a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

Langdellian “science” and its “formalism” ignore ways form permits and even creates freedom of choice. For example, as Wordsworth notes, though the weaver is restricted by what his form of loom can weave, the weaver may nonetheless choose what and how he weaves. Furthermore, the loom creates weaving possibilities that do not exist without it. Such freedom alongside form is often lost on lawyers, judges, and teachers trained primarily in Langdellian redacted appellate cases where “facts” and other framed matters often (...) wrongly appear as simply given. Similarly, in the context of their redacted appellate cases, many current students may only see constraint in IRAC (Issue-Rule-Application-Conclusion) and other thought forms rather than the fastidious freedoms such forms both provide and create. -/- Overlooking such freedoms is not only misleading in itself. It also misses the need to study how such freedoms are and should be exercised. When facts are simply presented as “given” and strategic and other choices go unrecorded and unnoticed in redacted appellate opinions, no thorough analysis of these overlooked subjects can occur. This is extremely troubling since such overlooked subjects are at the very heart of the lawyer’s craft. -/- Attempting to remedy such Langdellian shortcomings, this article explores, among other things, five basic levels of thought and the framing choices in such levels of thought: references, issues, rules, application of rules, and conclusions. Though often merely taken as “given” in redacted appellate opinions, a good grasp of reference assures that parties are in fact talking about the same matter or matters (the “reference”). It also increases the likelihood of ascertaining and properly framing all the relevant “facts” in a manner reasonably and ethically consistent with a client’s real interests. Similarly, focusing on flexibility of issue framing both brings necessary focus on what is important in the reference and, to the extent reasonable and ethical, again increases the likelihood of frames most consistent with a client’s real interests. A good grasp of applicable rules and how to frame and apply them on its face increases the likelihood of representing a client well. A good grasp of conclusions and how to frame and hedge them also does the same. -/- Grasping the multilevel complexities in play at these multiple levels pushes us beyond briefing redacted appellate cases to the much more difficult and stimulating work of exploring and teaching good legal thought at all its levels. Legal writing professors are pioneers in this regard and others in the academy can learn much from them. -/- Keywords: RIRAC, IRAC, CREAC, Reference, Issue, Analysis, Rule, Application, Conclusion, Frame, Framing, Metaphor, Concept, Category, Legal Thought, Legal Analysis, Rhetoric, Langdell, Wordsworth, Form, Formalism, Sonnet, Text. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- (...) As we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

我已经习惯了奇怪的书和特殊的人,但霍金斯脱颖而出,因为他使用一个简单的技术来测试肌肉张力作为关键,任何种类的陈述的"真相"-即,不只是被测试的人是否相信它,但它是否真的是真的!众所 周知,人们会表现出自动的、无意识的生理和心理反应,就像他们接触到的任何东西——图像、声音、触觉、气味、想法、人。所以,肌肉阅读,找出他们的真实感受是一点也不激进,不像用它作为一个沉思的棍子(更多的肌肉 阅读)做"超自然科学"。 霍金斯描述了在认知负荷增加时使用降低手臂肌肉的张力,从而导致手臂在手指持续压力下下降。他似乎没有意识到,在社会心理学方面,有一个长期而庞大的持续研究,被诸如"隐性认知"、" ;自动性"等短语所指,而他使用"运动学"只是一小部分。除了肌肉张力(不常使用)外,社会心理学家还测量脑电图、电光皮肤反应,以及最常见的言语反应、句子、图像或情况,有时从刺 激后几秒钟到几个月不等。许多,如巴格和韦格纳,认为结果意味着我们是自动机,学习和行动在很大程度上没有意识通过S1(自动化系统1)和许多其他,如基尔斯特罗姆和尚克斯说,这些研究是有缺陷的,我们是S2的生 物(审议系统2)。虽然霍金斯似乎并不知道,就像在高阶思维的描述性心理学的其他领域一样,"自动性"的情况仍然像维特根斯坦描述心理学无菌和贫瘠的原因时一样混乱。在30年代。然而,这本书 是一个容易阅读,一些治疗师和精神教师可能会发现它使用。 那些希望从现代两个系统的观点来看为人类行为建立一个全面的最新框架的人,可以查阅我的书《路德维希的哲学、心理学、Min d和语言的逻辑结构》维特根斯坦和约翰·西尔的《第二部》(2019年)。那些对我更多的作品感兴趣的人可能会看到《会说话的猴子——一个末日星球上的哲学、心理学、科学、宗教和政治——文章和评论2006-20 19年第3次(2019年)和自杀乌托邦幻想21篇世纪4日 (2019) .

Nugayev’s book is one of the first Soviet monographs treating the theory change problem. The gist of epistemological model consists in consequent account of intertheoretical relations. His book is based on the works of Soviet authors, as well as on Western studies (K.R. Popper, T.S. Kuhn, I. Lakatos, P. Feyerabend et al.) Key words: epistemological model, Soviet philosophy, Western studies .

This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts appear to (...) count the first-personal phenomenology of the available options among the information that adolescents seeking to refuse life-prolonging treatment must understand and appreciate in order to possess capacity; adults are not held to this (higher) standard. We evaluate this differential treatment in light of philosophical work on transformative choice—decisions involving options whose sensory character, and effect on our values and preferences, are grasped only through experience itself. (shrink)