In cases of complicity in one’s own unfreedom and in structural injustice, it initially appears that agents are only vicariously responsible for their complicity because of the roles circumstantial and constitutive luck play in bringing about their complicity. By drawing on work from the phenomenological tradition, this paper rejects this conclusion and argues for a new responsive sense of agency and responsibility in cases of complicity. Highlighting the explanatory role of stubbornness in cases of complicity, it is argued that although (...) agents may only be vicariously responsible for becoming complicit, they can be held more directly responsible for entrenching their complicity. The complicit agent is responsible for their complicity to the extent that they fail to take responsibility for it. (shrink)

ABSTRACT Testimony from victims of gendered violence is often wrongly disbelieved. This paper explores a way to address this problem by developing a phenomenological approach to testimony. Guided by the concept of ‘disclosedness’, a tripartite analysis of testimony as an affective, embodied, communicative act is developed. Affect indicates how scepticism may arise through the social moods that often attune agents to victims’ testimony. The embodiment of meaning suggests testimony should not be approached as an assertion, but as a process of (...) ‘articulating an understanding’. This account is deepened in the discussion of testimony as a communicative act. It is argued that testimony must be considered as a relational whole, and thus our aim in receiving victims’ testimony should be to honour the relational conditions under which the truth of testimony can be heard. Approaching testimony as the collaborative process of enabling an understanding to be articulated can enhance our conception of gendered violence, whilst also better serving the victims of gendered violence by helping to overcome the lack of trust and excessive scepticism with which victims’ testimony is often met. (shrink)

Thus Plotinus (what is his status in the history of metaphysics and in the "Platonic" era, if one follows Heidegger's reading?), who speaks of presence, that is, also of morphē, as the trace of nonpresence, as the amorphous (to gar ikhnos tou amorphous morphē). A trace which is neither absence nor presence, nor, in whatever modality, a secondary modality.In his reading of Heidegger in his 2003 seminar, published as The Beast and the Sovereign, Derrida is particularly troubled by one particular (...) aspect of Heidegger: Heidegger's "superabundant use" of the language of Walten.1 "As you see," Derrida writes of Heidegger's use of Walten, "late in my life of reading Heidegger, I have just discovered a word that seems to .. (shrink)

Feminists have always been concerned with how the clothes women wear can reinforce and reproduce gender hierarchy. However, they have strongly disagreed about what to do in response: some have suggested that the key to feminist liberation is to stop caring about how one dresses; others have replied that the solution is to give women increased choices. In this paper, we argue that neither of these dominant approaches is satisfactory and that, ultimately, they have led to an impasse that pervades (...) the contemporary feminist debate. The problem is that both sides of the debate understand women’s complicity in patriarchal subordination as a matter of what women wear and do. Instead, we propose a phenomenological analysis that understands complicity as based in our relations to our clothes. Starting from this phenomenological perspective, we sketch a new relational feminist ethics of dressing. This alternative ethical paradigm cannot yield a simple recipe for how to dress or tell us what garments are off-limits. But it can offer a way to make critical feminist judgements about clothes without veering into a stifling new prescriptivism. (shrink)

In my articles ‘The Substance View: A Critique’ and ‘The Substance View: A Critique,’ I raise objections to the substance view, a theory of intrinsic value and moral standing defended by a number of contemporary moral philosophers, including Robert P. George, Patrick Lee, Christopher Tollefsen, and Francis Beckwith. In part one of my critique of the substance view, I raise reductio-style objections to the substance view's conclusion that the standard human fetus has the same intrinsic value and moral standing as (...) the standard adult human being, among other human beings. In part two, I raise objections to some of the premises invoked in support of that conclusion. Here, in part three, I raise objections to Henrik Friberg-Fernros's attempt to rebut some of the aforementioned objections. (shrink)

Some scientific explanations appear to turn on pure mathematical claims. The enhanced indispensability argument appeals to these ‘mathematical explanations’ in support of mathematical platonism. I argue that the success of this argument rests on the claim that mathematical explanations locate pure mathematical facts on which their physical explananda depend, and that any account of mathematical explanation that supports this claim fails to provide an adequate understanding of mathematical explanation.

An important question confronting feminist philosophers is why women are sometimes complicit in their own subordination. The dominant view holds that complicity is best understood in terms of adaptive preferences. This view assumes that agents will naturally gravitate away from subordination and towards flourishing as long as they do not have things imposed on them that disrupt this trajectory. However, there is reason to believe that ‘impositions’ do not explain all of the ways in which complicity can arise. This paper (...) defends a phenomenological account of complicity, which offers an alternative explanation. (shrink)

Fitch's knowability paradox shows that for each unknown truth there is also an unknowable truth, a result which has been thought both odd in itself and at odds with views which impose epistemic constraints on truth and/or meaningfulness. Here a solution is considered which has received little attention in the debate but which carries prima facie plausibility. The decidability solution is to accept that Fitch sentences are unknowably true but deny the significance of this on the grounds that Fitch sentences (...) are nevertheless decidable. The decidability solution is particularly attractive for those whose primary concern is an epistemic constraint on meaningfulness (‘verificationists’). For those whose main concern is truth (‘anti-realists’), the situation is more complex: Melia takes the solution to exonerate anti-realism completely; Williamson sees it as completely irrelevant. The truth lies between these two extremes: there is one broad anti-realist commitment to which the solution does not apply, but there is also one, the “fundamental tenet” of anti-realism according to Dummett, to which it does. (shrink)

The paper addresses claims that Aristotle's notion of happiness is inconsistent given his expositions of happiness in Book I and Book X of NE. It argues that such claims are rooted in the erroneous conclusion that Aristotle defines happiness in Book I as living a "good life", and an unwarranted assumption that when Aristotle identifies happiness with contemplation, he has a professional philosopher in mind and contemplation as an activity one engages in leisurely and as a means of intellectual conditioning. (...) It further argues that happiness as Aristotle understands it is a reward for cultivating virtuous character and though everyone has the capacity for it, only few will attain happiness since it requires exertion and effort and many are unwilling to prioritize such acquisition. (shrink)

The paper examines Heidegger's notions of truth and knowledge in the context of Locke's theory of same. It argues that when Heidegger's expositions of "primordial truth" and knowledge as a "retainment of assertion" are analyzed in their Beings, new and improved definitions emerge which support Locke's ideas of truth and knowledge. It shows that Heidegger's primordial truth is the process which uncovers Locke's propositional truth and on which any knowledge must be based. Wherefrom, to solve the problem of what knowledge (...) is and how one defines it, one must start with Heidegger's conceptions of truth and knowledge. (shrink)

Some people (e.g., Drs. Paul and Susan Lim) and, with them, organizations (e.g., the National Embryo Donation Center) believe that, morally speaking, the death of a frozen human embryo is a very bad thing. With such people and organizations in mind, the question to be addressed here is as follows: if one believes that the death of a frozen embryo is a very bad thing, ought, morally speaking, one prevent the death of at least one frozen embryo via embryo adoption? (...) By way of a three‐premise argument, one of which is a moral principle first introduced by Peter Singer, my answer to this question is: at least some of those who believe this ought to. (Just who the “some” are is identified in the paper.) If this is correct, then, for said people, preventing the death of a frozen embryo via embryo adoption is not a morally neutral matter; it is, instead, a morally laden one. Specifically, their intentional refusal to prevent the death of a frozen embryo via embryo adoption is, at a minimum, morally criticizable and, arguably, morally forbidden. Either way, it is, to one extent or another, a moral failing. (shrink)

In an essay on performance-enhancing drugs, author Chuck Klosterman (2007) argues that the category of enhancers extends from hallucinogens used to inspire music to steroids used to strengthen athletes—and he criticizes those who would excuse one means of enhancement while railing against the other as a form of cheating: After the summer of 1964, the Beatles started taking serious drugs, and those drugs altered their musical performance. Though it may not have been their overt intent, the Beatles took performance-enhancing drugs. (...) And . . . absolutely no one holds it against them. No one views “Rubber Soul” and “Revolver” as “less authentic” albums, despite the fact that they would not (and probably could .. (shrink)

I argue in this paper that the cases Gettier considers are not examples of justified true beliefs and that the question whether justified true belief sufficiently defines knowledge is not in fact, addressed. Indeed, the question is wholly untouched by Gettier or glossed over at best.

There is a wide array of arguments for the immorality of recreational drug use, ranging from the philosophically rudimentary to the philosophically sophisticated. But the vast majority of these arguments are unsuccessful, and those that succeed are quite limited in scope. In this article, I present and evaluate a few examples of such arguments.

We demonstrate how real progress can be made in the debate surrounding the enhanced indispensability argument. Drawing on a counterfactual theory of explanation, well-motivated independently of the debate, we provide a novel analysis of ‘explanatory generality’ and how mathematics is involved in its procurement. On our analysis, mathematics’ sole explanatory contribution to the procurement of explanatory generality is to make counterfactual information about physical dependencies easier to grasp and reason with for creatures like us. This gives precise content to key (...) intuitions traded in the debate, regarding mathematics’ procurement of explanatory generality, and adjudicates unambiguously in favour of the nominalist, at least as far as explanatory generality is concerned. (shrink)

Reflections on the role and position of maternal relations within philosophy as a practical discipline, as a metaphor for philosophical practice, and as a subject of philosophical investigation.

According to the theory of intrinsic value and moral standing called the ‘substance view,’ what makes it prima facie seriously wrong to kill adult human beings, human infants, and even human fetuses is the possession of the essential property of the basic capacity for rational moral agency – a capacity for rational moral agency in root form and thereby not remotely exercisable. In this critique, I cover three distinct reductio charges directed at the substance view's conclusion that human fetuses have (...) the same intrinsic value and moral standing as adult human beings. After giving consideration to defenders of the substance view's replies to these charges, I then critique each of them, ultimately concluding that none is successful. Of course, in order to understand all of these things – the reductio charges, defenders of the substance view's replies to them, and my criticisms of their replies – one must have a better understanding of the substance view as well as its defense. Accordingly, I address the substance view's understanding of rational moral agency as well as present its defense. (shrink)

W. K. Clifford famously argued that it is “wrong always, everywhere and for anyone, to believe anything upon insufficient evidence.” Though the spirit of this claim resonates with me, the letter does not. To wit, I am inclined to think that it is not morally wrong for, say, an elderly woman on her death bed to believe privately that she is going to heaven even if she does so on insufficient evidence—indeed, and lest there be any confusion, even if the (...) woman herself deems the evidence for her so believing to be insufficient. After all, her believing so does not appear to endanger, harm, or violate the rights of anyone, nor does it make the world a worse place in a significant, if any, way. That Clifford might have put too fine a point on the matter, however, does not entail that there are no conditions under which it is wrong to believe something upon insufficient evidence. In this paper, I argue that, in cases where believing a proposition (read: believing a proposition to be true) will affect others, it is prima facie wrong to have propositional faith—for present purposes, to believe the proposition despite deeming the evidence for one’s believing to be insufficient—before one has attempted to believe the proposition by proportioning one’s belief to the evidence. (shrink)

Elizabeth Harman has recently proposed a new theory of moral status, the Ever Conscious View. It is the view that "a being has moral status at a time just in case it is alive at that time and there is a time in its life at which it is conscious" (Harman, 2007, 220). In other words, all and only beings that (1) are alive and (2) either were, are, or will be conscious have moral status. In the following, I examine (...) Harman's defense of her Ever Conscious View, raise a number of objections to it, and conclude that the Ever Conscious View is, as it stands, implausible. (shrink)

Why does American law allow the recreational use of some drugs, such as alcohol, tobacco, and caffeine, but not others, such as marijuana, cocaine, and heroin? The answer lies not simply in the harm the use of these drugs might cause, but in the perceived morality—or lack thereof—of their recreational use. Despite strong rhetoric from moral critics of recreational drug use, however, it is surprisingly difficult to discern the reasons they have for deeming the recreational use of (some) drugs morally (...) wrong. In this book, Rob Lovering lays out and dissects various arguments for the immorality of using marijuana, cocaine, heroin, and other drugs recreationally. He contends that, by and large, these arguments do not succeed. Lovering's book represents one of the first works to systematically present, analyze, and critique arguments for the moral wrongness of recreational drug use. Given this, as well as the popularity of the morality-based defense of the United States' drug laws, this book is an important and timely contribution to the debate on the recreational use of drugs. (shrink)

Many debates in the philosophy of religion, particularly arguments for and against the existence of God, depend on a claim or set of claims about what God—qua sovereign, omnipotent, omniscient, and perfectly good being— would do , either directly or indirectly, in particular cases or in general. Accordingly, before these debates can be resolved we must first settle the more fundamental issue of whether we can know, or at least have justified belief about, what God would do. In this paper, (...) I lay out the possible positions on the issue of whether we can know what God would do, positions I refer to as Broad Skeptical Theism, Broad Epistemic Theism, and Narrow Skeptical Theism. I then examine the implications of each of these views and argue that each presents serious problems for theism. (shrink)

In my initial critique of the substance view, I raised reductio-style objections to the substance view's conclusion that the standard human fetus has the same intrinsic value and moral standing as the standard adult human being, among others. In this follow-up critique, I raise objections to some of the premises invoked in support of this conclusion. I begin by briefly presenting the substance view as well as its defense. (For a more thorough presentation, see the first part of my critique.) (...) I then raise objections to three claims involved in the substance view's defense: the claim that the standard human fetus's intrinsic value and moral standing is a function of its potentiality; the claim that the standard human fetus's intrinsic value and moral standing is a function of its essential properties; and the claim that it is the possession of the basic potential for rational moral agency that best accounts for the wrongness of killing the standard human fetus, among others. (shrink)

Is prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many―twenty, to be exact―arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this (...) view are also brought to bear on the current discourse surrounding this controversial topic. (shrink)

According to the principle that ‘ought’ implies ‘can’, it is never the case that you ought to do something you cannot do. While many accept this principle in some form, it also has its share of critics, and thus it seems desirable if an argument can be offered in its support. The aim of this paper is to examine a particular way in which the principle has been defended, namely, by appeal to considerations of fairness. In a nutshell, the idea (...) (due to David Copp) is that moral requirements we cannot comply with would be unfair, and there cannot be unfair moral requirements. I discuss several ways of spelling out the argument, and argue that all are unsatisfactory for a variety of reasons. (shrink)

In this paper, I present a case study on a recent attempt at implementing what I refer to as the “Pro-lifer’s Asymmetrical Punishment View” (PAPV), the view that people should be legally punished for performing abortions whereas women should not be so punished for procuring abortions. While doing so, I argue that the endeavor, which took place in the state of Alabama, is incoherent relative to the conjunction of its purported underlying moral rationale and the Alabama criminal code. I then (...) present what I take to be possible explanations for, practical implications of, and solutions to the attempt and its incoherence. Given that other endeavors to implement PAPV are currently in the works and are so with similar underlying moral rationales and within similar criminal codes, what I present and argue here is not limited to Alabama’s attempt at doing so. (shrink)

Stephen Maitzen has recently argued that ordinary morality implies atheism. In the following, I argue that the soundness of Maitzen's argument depends on a principle that is implausible, what I call the recipient's Benefit Principle: All else being equal, if an act a produces a net benefit for the individual on the receiving end of a, then one cannot have a moral obligation to prevent a. Specifically, the recipient's Benefit Principle must be true if premise of Maitzen's argument is to (...) be true. But, RBP is likely false, as it generates counterintuitive implications as well as conflicts with another principle both plausible and seemingly adopted by most of us, what I call the Preventing Immorality Principle: All else being equal, if an act A is seriously immoral, then one has a moral obligation to prevent A. (shrink)

When it comes to explaining someone’s puzzling, objectionable, or otherwise problematic behavior, one type of explanation occasionally employed in the service of doing so is as follows: “That’s just so-and-so being so-and-so.” But what, exactly, do explanations of the type “That’s just so-and-so being so-and-so” mean? More specifically, in what way, if any, is it meaningful or informative to say such things? And what is the precise function of such explanations of someone’s behavior? Is it merely to present what one (...) takes to be the underlying causes of the behavior, or something beyond that? In what follows, I lay out a few possibilities—basic possibilities, to be precise, given philosophy’s keen interest in fundamentals—with respect to the various meanings, functions, and moral implications of explanations of the type “That’s just so-and-so being so-and-so.” While doing so, I apply these basic possibilities to three tokens of this kind of explanation: “That’s just Manny being Manny” (in reference to Manny Ramirez, the former professional baseball player), “That’s just Charlie being Charlie” (in reference to Charlie Rose, the former television host), and “That’s just Trump being Trump” (in reference to Donald Trump, the current President of the United States). (shrink)

Is prostitution immoral? Various philosophers have put forward arguments for thinking so, one of the most notable being that, by engaging in sexual activity with someone for payment, the prostitute instrumentalizes himself or herself. In this paper, I identify two meanings of "instrumentalize" and, with them, two versions of the instrumentalization argument for the immorality of prostitution. I then critique each version of the argument.

According to the theory of intrinsic value and moral standing known as the “substance view,” all human beings have intrinsic value, full moral standing and, with these, a right to life. The substance view has been defended by numerous contemporary philosophers who use the theory to argue that the standard human fetus has a right to life and, ultimately, that abortion is prima facie seriously wrong. In this paper, I identify three important errors committed by some of these philosophers in (...) their defense of the theory---what I refer to as the “extratheoretical-proposition error,” “quantitative-differences error,” and “non-normative-answer error”---and conclude that these errors render their defense inadequate. (shrink)

This paper is based on case study research conducted in an economically depressed, immigrant gateway neighborhood of Escondido, California. This study has been in progress since 2005 and involves working with children at the local middle school on rights-based community environ- mental action research projects in coordination with student facilitators in an upper-division uni- versity class titled “Children and the Environment.” This case study has suggested inquiry into the practical ethical dimensions of working with children, administrators, and university students on (...) action research. Examples of the ethical questions which arose during this study include: how can continuity for the middle school children be achieved as different groups of university stu- dents move in and out of the project as they take and finish the “Children and the Environment” class, and is it ethical for the middle school children’s work to be facilitated by university stu- dents only freshly trained in the action research technique? This paper explores these and other ethical questions involving power, coercion, tension over expectations, and obligation and pro- vides direction for on-going ethical questions scholars should pursue in involving children in rights-based community environmental action research. (shrink)

God and Evidence presents a new set of compelling problems for theistic philosophers. The problems pertain to three types of theistic philosopher, which Lovering defines here as 'theistic inferentialists,' 'theistic non-inferentialists,' and 'theistic fideists.' Theistic inferentialists believe that God exists, that there is inferential probabilifying evidence of God's existence, and that this evidence is discoverable not simply in principle but in practice. Theistic non-inferentialists believe that God exists, that there is non-inferential probabilifying evidence of God's existence, and that this evidence (...) is discoverable not simply in principle but in practice. Theistic fideists believe that God exists, that there is no discoverable probabilifying evidence (inferential or non-inferential) of God's existence, and that it is nevertheless acceptable-morally if not otherwise-to have faith that God exists. Lovering argues that each type of theistic philosopher faces a problem unique to his type and that they all share two particular problems. Some of these problems take us down an entirely new discursive path; others down a new discursive path branching off from an old one. (shrink)

The phenomenon of “dirty hands” is often held to be endemic to political life. Success in politics—it has been argued—requires a willingness to sacrifice our moral principles in order to pursue worthwhile goals. I argue that the tension between morality and politics goes deeper than this. The very existence of “politics” requires that morality is routinely violated because political community, within which political discourse is possible, is based on denying the moral claims of non-members. Political community requires borders and borders (...) require keeping outsiders out. Yet there is no justification that we can provide to someone outside of our political community as to why they are denied membership. The price of political community is therefore the unjust exclusion of others. In a world characterised by the movement of peoples as a result of large-scale and systematic international injustices, this exclusion often involves acts that violate important obligations of compassion and respect. Thus, “we” are the barbarians my title refers to. In order for political community to exist, we must act like barbarians at the gates. A problem of “dirty hands” therefore lies at the very foundation of political community. (shrink)

The topic of divine omniscience is well-trodden ground, with philosophers and theologians having asked virtually every question there is to ask about it. The questions regarding God's omniscience to be addressed here are as follows. First, is omniscience best understood as maximal propositional knowledge along with maximal experiential knowledge? I argue that it is. Second, is it possible for God to be essentially omniscient? I argue that it is not.

Many people are strongly opposed to the intentional destruction of human embryos, whether it be for purposes scientific, reproductive, or other. And it is not uncommon for such people to argue against the destruction of human embryos by invoking the claim that the destruction of human embryos is morally on par with killing the following humans: (A) the standard infant, (B) the suicidal teenager, (C) the temporarily comatose individual, and (D) the standard adult. I argue here that this claim is (...) false and do so as follows. First, I provide an account of the prima facie wrongness of killing individuals (A) – (D). Briefly, I contend that individuals (A) – (D) have a certain property in common, that of having a future of value. An individual who has a future of value has the potential to (i) value goods of consciousness when he will (or would) experience them and (ii) do so as a psychologically continuous individual. And depriving an individual of a future of value is prima facie wrong. Killing an individual deprives him of a future of value. Thus, killing an individual who has a future of value is prima facie wrong. Since individuals (A) – (D) have futures of value, killing them is prima facie wrong. Second, I argue that, given this account of the prima facie wrongness of killing individuals (A) – (D), the destruction of individual (E), the standard embryo, is not morally on par with killing individuals (A) – (D). For, unlike individuals (A) – (D), the standard embryo does not have a future of value. Specifically, I argue that having a future of value involves having the second-order potential for psychological continuity, a potential that individuals (A) – (D) have but that individual (E) does not. For possessing the second-order potential for psychological continuity requires the possession of psychological states, something individuals (A) – (D) have but that individual (E) lacks. Hence, individual (E) does not share with individuals (A) – (D) the property of having a future of value and, in turn, is not deprived of one when it is killed. Thus, given my proposed account of the prima facie wrongness of killing individuals (A) – (D), killing individual (E) is not morally on par with killing individuals (A) – (D). (shrink)

That theistic evidentialist philosophers have failed to make the evidential case for theism to atheistic evidentialist philosophers raises a problem—a question to be answered. I argue here that—of the most plausible possible solutions to this problem—each is either inadequate or, when adequate, in conflict with the theistic evidentialist philosophers’ defining beliefs. I conclude that the problem of the theistic evidentialist philosophers—the question of why theistic evidentialist philosophers have failed to make their case to atheistic evidentialist philosophers—is a problem for theistic (...) evidentialist philosophers—an objection to their defining beliefs. (shrink)

Many theists who identify themselves with the Abrahamic religions maintain that it is perfectly acceptable to have faith that God exists. In this paper, I argue that, when believing that God exists will affect others, it is prima facie wrong to forgo attempting to believe that God exists on the basis of sufficient evidence. Lest there be any confusion : I do not argue that it is always wrong to have faith that God exists, only that, under certain conditions, it (...) can be. (shrink)

The characterization of objective, normative reasons to φ as facts (or truths) that count in favor of φ-ing is widely accepted. But are there any further conditions that considerations which count in favor of φ-ing must meet, in order to count as a reason to φ? In this brief paper, I consider and reject one such condition, recently proposed by Caspar Hare.

Philosophy in community projects provide powerful, immersive introductions to philosophical thinking for both children and tertiary students. Such introductions can jumpstart transformative learning as well as diversify who seeks out philosophy in the longer term, both in schools and in universities. Using survey responses from teachers, parents, participants, staff, and volunteers of two such programs – Eurekamp Oz! and philosothons – we show how participants find value in engaging in communities of inquiry and philosophical thinking more broadly. We argue correspondingly (...) that such philosophy in community projects are an asset to universities, both as highly successful university outreach programs and in offering high school, undergraduate, and postgraduate students mentoring and employment opportunities utilising their growing philosophical skills. For these reasons, philosophy in community programs provide alternative and supplementary pathways into sustained philosophical thinking to those available within traditional philosophy in the classroom approaches. (shrink)

We criticize the bare theory of quantum mechanics -- a theory on which the Schrödinger equation is universally valid, and standard way of thinking about superpositions is correct.

This is a review of Anita Guerrini's Experimenting with Humans and Animals: From Galen to Animal Rights (Johns Hopkins University Press, 2003).

Aesthics: Art and moral attuning. Art can help us understand everyday moral deliberation. Better perhaps than ethics. People don’t just act randomly in moral situations nor do they argue internally about which ethical principle to follow before deciding what to do. We built our moral sensitivity whilst living our lives, adhering to aesthetic norms of interaction. Regular engagement with works of art educates our moral sensitivity.

I demonstrate that Deleuze's identification of Aion as an empty form offers a fascinating model of temporality that prioritises variation. First, I suggest that Deleuze's identification of time as an empty form is supported by ancient Greek and Gnostic concepts of the relation of Aion and Chronos. From Plato, through Aristotle, to Plotinus the concept of time undergoes substantive revision, in the sense that temporal measurement becomes removed from the measurement of existent entities. This gradual untethering of time from movement (...) gives rise to the development of the concept of eternity as an ontologically comprehensive mode of time that is devoid of content. It is here, with Deleuze's reading of the Platonic cosmology, that we see the first hints of the suggestion that Aion is involved with ontogenesis. Eternity is characterised as: a temporal ‘all’ that is non-reducible to the determinacy implied by any particular temporally localised existent or temporal series ; that which tends towards a diversity of possible states of affairs. Perhaps one of the most interesting aspects in the long history of Aion is that – in the ancient world – it was used in magical incantations. For the Gnostics and Oracles, Aion was a deity, and a potent one at that. From the Gnostic papyri, we get a vision of Aion as a force which enjoys eternal realisation. I suggest that the papyri conjure an image of Aion as a deity that is liberated from time, in the sense that it enjoys a neutrality with respect to the movements of any particular entity or group of entities – a form, in the most general sense of the term. Then, to clarify this mercurial aspect of an empty form of time, I elaborate on a complex analogy between Aion and Deleuze's concept of an ‘ideal game’ – an analogy that Deleuze specifies through reference to Fitzgerald and Borges. The claim is that Aion is an analogue of an ideal game in the sense that both share essential properties. Both Aion and the ideal game involve the multiplication of chance. Finally, I suggest that the differential aspects of Aion imply that it is pure variability; something which can be illustrated through a differential equation. These yield the suggestion that Aion enjoys realisation as an ontogenetic force. I further claim that ontogenetic forces may enjoy expression as the content of literature and mathematics. In concrete terms, temporality is involved in the creation of existent entities, which may be illustrated as various types of continuous multiplicity. (shrink)

This is a review of David Boonin's A Defense of Abortion (Cambridge University Press, 2002).

In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits should not be deemed (...) untimely. (shrink)

How might discourse generate political change? So far, democratic theorists have focused largely on how deliberative exchanges might shift political opinion. Responding to empirical research that casts doubt on the generalizability of deliberative mechanisms outside of carefully designed forums, this essay seeks to broaden the scope of discourse theory by considering speech that addresses participants’ identities instead. More specifically, we ask what may be learned about identity-oriented discourse by examining the practice of religious preaching. As we demonstrate, scholars of homiletics—the (...) study of preaching—have identified three core features that support its focus on identity: its unconditionality, its appeal to authoritative texts and traditions, and its diffuse instrumentality. We then ask what each of these features might look like in more straightforwardly political contexts. Finally, we address several normative questions raised by this practice, as a way of exploring the promises and dangers accompanying identity-oriented discourse more generally. (shrink)

This article addresses the fiduciary issues raised by the current practice of plan fiduciaries of not only disclaiming any fiduciary responsibility for brokerage window investments, but also abdicating any role (fiduciary or otherwise) in assessing even the general suitability of those investments for a retirement plan, and concludes that the practice is in plain and notorious violation of what ERISA requires of fiduciaries.

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)