This paper concerns a distinction between circumstantial truths that hold because of the circumstances and acircumstantial truths that hold regardless of, or transcend, the circumstances. Previous discussions of the distinction tended to focus on its applications, such as to modality, logical truth, and essence. This paper focuses on developing the distinction largely, but not entirely, in abstraction from its potential applications. As such, the paper’s main contribution is to further clarify the distinction itself. An indirect contribution is to help guide (...) its future applications. (shrink)

A commonly held view is that a central aim of metaphysics is to give a fundamental account of reality which refers only to the fundamental entities. But a puzzle arises. It is at least a working hypothesis for those pursuing the aim that, first, there must be fundamental entities. But, second, it also seems possible that the world has no foundation, with each entity depending on others. These two claims are inconsistent with the widely held third claim that the fundamental (...) just is the foundational. It is tempting to resolve the puzzle by rejecting the first or second claim, perhaps because it is obscure how the third claim might plausibly be challenged. But I develop a new analysis of fundamentality which challenges the third claim by allowing for an entity to be fundamental without being foundational. The analysis, roughly, is that an entity is fundamental just in case not all facts about it are grounded in facts about other entities. The possibility of fundamentality without foundations not only provides for a novel resolution to the puzzle, but has applications to some live debates: for example, it undermines Jonathan Schaffer's modal argument for priority monism. (shrink)

The social world contains institutions, groups, objects, and more. This essay explores a puzzle about the essences of social items. There is widespread consensus against social essences because of problematic presuppositions often made about them. But it is argued that essence can be freed from these presuppositions and their problems. Even so, a puzzle still arises. In a Platonic spirit, essences in general seem detached from the world. In an Aristotelian spirit, social essences in particular seem embedded in the world. (...) The puzzle is that these inclinations are individually plausible but jointly incompatible. The essay has four aims: to clarify and refine the puzzle; to explore the puzzle's implications for essence in general and for social essences in particular; to illustrate the fruitfulness of the general distinction between detached and embedded; and to develop this distinction to sketch a novel solution to the puzzle. (shrink)

Etic theorizing uses the theorist’s social notions to theorize about their subject. This theorist may claim that Genghis Khan was a war criminal even though his actions predate the enactment of the Geneva Conventions. Brian Epstein considers a modal etic theorist who claims that Genghis Khan would have been a war criminal even if the Geneva Conventions were never enacted. Epstein argues that this has metaphysical import: it requires postulating a novel metaphysical notion of “anchoring.” Drawing from some familiar issues (...) in modal actualism, I argue that modal etic theorizing does not support this postulate. But it does suggest a distinctive kind of modality at work in social reality. (shrink)

This paper explores the prospects of combining two views. The first view is metaphysical rationalism : all things have an explanation. The second view is metaphysical essentialism: there are real essences. The exploration is motivated by a conflict between the views. Metaphysical essentialism posits facts about essences. Metaphysical rationalism demands explanations for all facts. But facts about essences appear to resist explanation. I consider two solutions to the conflict. Exemption solutions attempt to exempt facts about essences from the demand for (...) explanation. Explanation solutions attempt to explain facts about essences. I argue that exemption solutions are less promising than explanation solutions. I then consider how explanation solutions might be developed. I suggest that a “generative” approach is most promising. I tentatively conclude that the prospects for combining metaphysical rationalism and metaphysical essentialism turn on the viability of a generative approach. This sets the agenda for defending the combination as well as the more general project of explaining essences. (shrink)

The physicalist credo is that the world is physical. But some phenomena, such as minds, morals, and mathematics, appear to be nonphysical. While an uncompromising physicalism would reject these, a conciliatory physicalism needn’t if it can account for them in terms of an underlying physical basis. Any such account must refer to the nonphysical. But won’t this unavoidable reference to the nonphysical conflict with the physicalist credo? This essay aims to clarify this problem and introduce a novel solution that relies (...) on a distinction between “circumstantial” facts that are based in the circumstances and “acircumstantial” facts that are not. This is used in two ways. First, physicalism is restricted to circumstantial facts: only they must have a physical basis that does not refer to the nonphysical. Second, facts accounting for the nonphysical are not restricted to the circumstantial: they may refer to the nonphysical if they are acircumstantial. Facts about how the physical accounts for the nonphysical therefore do not conflict with the physicalist’s credo. This provides a credible answer to what physicalism could be. (shrink)

This chapter will discuss the relation of physicalism to social ontology, and explores problems that social ontology raises for physicalism. Physicalism is often understood to be the view that all facts—the social ones included—are physical facts, or at least are exhaustively determined by physical facts. While this view is widely endorsed, social phenomena challenge physicalism in several ways, both challenging the coherence of claims of physicalism and raising potential counterexamples.

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 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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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.

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.

David Enoch recently defended the idea that there are valid inferences of the form ‘it would be good if p, therefore, p’. I argue that Enoch's proposal allows us to infer the absurd conclusion that ours is the best of all possible worlds.

There are two distinct views on how to formulate an objective consequentialist account of the deontic status of actions, actualism and possibilism. On an actualist account, what matters to the deontic status of actions is only the value of the outcome an action would have, if performed. By contrast, a possibilist account also takes into account the value of the outcomes that an action could have. These two views come apart in their deontic verdicts when an agent is imperfect in (...) an avoidable way, viz., when agent brings about less good than she could. In this paper, I offer an argument against actualism that draws on the connection between moral obligation and practical reasons. (shrink)

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

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)

This chapter defends an overarching ideal of liberal democracy—government for and by the people, where each is considered free and equal—and shows how different conceptions of this ideal lead to different visions of the nonprofit sector. The argument reflects a more fundamental point: that claims about the proper shape and scope of civil society, and certainly the dimensions of nonprofit organizations, are structured by larger political ideals. We cannot understand competing visions of the nonprofit sector without seeing it in relation (...) to the political and social order in which it is supposed to rest. (shrink)

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

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A philosophical analysis of the future of art must explicate art’s nature, as well as discuss the historical nature of art practice. Only so can one explain those contemporary developments in art which have led many people to doubt whether art even has a future. Arguably, art practice as we know it started with the installing of the modern system of the fine arts. I explain the pragmatics of art so understood, and suggest that we can define art, internally. We (...) need not resort to a nominalist approach that claims that something is a work of art if some representative of the art world says it is. Instead of such empty proceduralism, I explain how all art’s focal objects, persons and activities are mutually adjusted and can only be understood in light of the whole. Within that whole of art practice, the contemporary samples of art’s alleged failure can be assessed. Now the modern system treats the arts as aesthetic, and prescribes that to judge a work one has to experience it for oneself. Why this should be so, I explain in terms of the perceivability of the artist in the work. Next, art develops as a whole rather than in a piecemeal manner. Particular contemporary works may alienate the audience from art practice, yet once they are recognisably in a procedure which has clear artistic potency they can be incorporated fruitfully in the modern system as explained. In all, the future of art is the future of the modern system, unless the system as a whole goes. We see this happen with the Taliban, but do not ourselves seem to be vulnerable to such onslaught. Yet, our culture may be in the process of eliminating the human mind from the objective reality, and if nothing stops us, art too will come to an end. Luckily, by then we will not be such as to lament that demise. (shrink)

Some moral theories, such as objective forms of consequentialism, seem to fail to be practically useful: they are of little to no help in trying to decide what to do. Even if we do not think this constitutes a fatal flaw in such theories, we may nonetheless agree that being practically useful does make a moral theory a better theory, or so some have suggested. In this paper, I assess whether the uncontroversial respect in which a moral theory can be (...) claimed to be better if it is practically useful can provide a ground worth taking into account for believing one theory rather than another. I argue that this is not the case. The upshot is that if there is a sound objection to theories such as objective consequentialism that is based on considerations of practical usefulness, the objection requires that it is established that the truth about what we morally ought to do cannot be epistemically inaccessible to us. The value of practical usefulness has no bearing on the issue. (shrink)