This paper presents data on the representation of women at 98 philosophy departments in the United States, which were ranked by the Philosophical Gourmet Report (PGR) in 2015 as well as all of those schools on which data from 2004 exist. The paper makes four points in providing an overview of the state of the field. First, all programs reveal a statistically significant increase in the percentage of women tenured/tenure-track faculty, since 2004. Second, out of the 98 US philosophy departments (...) selected for evaluation by Julie Van Camp in 2004, none in 2015 has 50% women philosophy faculty overall, while one has 50% women who are tenured/tenure track. Third, as of 2015, there is a clear pyramidal shape to the discipline: Women are better represented as Assistant than Associate and as Associate than Full professors. Fourth, women philosophy faculty, especially those who are tenured/tenure track, are better represented at Non-PGR ranked programs than at PGR ranked and PGR Top-20 programs in 2015. (shrink)

This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable relationship (...) of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)

Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to (...) class='Hi'>Conklin, is the relationship between legal authority and an author. Antigone’s divine law opposes Creon’s human law in terms of whether the sense of legal authority presupposes an author. Antigone’s tribe recognises divine laws as nested in an impersonal Fate or Moira common to the Helenes as experienced through rituals and other personal experiences. Such an unwritten law lacks an author “whose origin we know not when”. The city-state’s citizens recognize authority in terms of whether a law has a source in a juridical representer of an invisible author. The invisible author is the city-state external to the representers. The representers interpret human laws in a manner which tries to access the invisible author. What becomes important is that philosophical consciousness observes how the characteristics of the two senses of legal authority clash. (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...) the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

Deduction is important to scientific inquiry because it can extend knowledge efficiently, bypassing the need to investigate everything directly. The existence of closure failure—where one knows the premises and that the premises imply the conclusion but nevertheless does not know the conclusion—is a problem because it threatens this usage. It means that we cannot trust deduction for gaining new knowledge unless we can identify such cases ahead of time so as to avoid them. For philosophically engineered examples we have “inner (...) alarm bells” to detect closure failure, but in scientific investigation we would want to use deduction for extension of our knowledge to matters we don’t already know that we couldn’t know. Through a quantitative treatment of how fast probabilistic sensitivity is lost over steps of deduction, I identify a condition that guarantees that the growth of potential error will be gradual; thus, dramatic closure failure is avoided. Whether the condition is fulfilled is often obvious, but sometimes it requires substantive investigation. I illustrate that not only safe deduction but the discovery of dramatic closure failures can lead to scientific advances. (shrink)

As schools publicly modernize in response to societal changes, additional teaching and learning methods are developed, observed, and used since learners have different learning styles that make it easier for them to grasp and retain the material. During the COVID-19 pandemic, teachers require different media to keep the classroom involved while presenting the lesson materials online, one of which is video tutorials. The purpose of this study was to analyze the extent of contextual effects of video tutorials used in general (...) chemistry, determine the relationship between video tutorial effectiveness and the respondents' academic performance, and analyze the significant difference between the four indicators of contextual effects of video tutorials and the respondents' profile. A descriptive-correlational quantitative research design was used in this study. The participants in this study were 144 Grade 12 STEM students from a private school in Sultan Kudarat, Philippines, who took their general chemistry course during the pandemic. The respondents were given a survey questionnaire created with Google Forms. The students agreed with all the assertions and rated them as effective in terms of their perceptions of general chemistry, implying that video tutorials are useful in teaching the subject. With p-values of .023, .046, and .010, respectively, the findings revealed a significant relationship between the overall mean of students' perceptions of the subject of General Chemistry, the concept and application of chemical knowledge and understanding, and their influence on students' academic performance. In terms of their perception, ideas, and application of chemical knowledge and comprehension, the results demonstrated that there is no statistically significant difference between the general mean of male and female students' responses. This basically means that by using video lectures, STEM students of all genders appreciate and understand General Chemistry as a subject. -/- . (shrink)

I argue that the experiences of everyday life are replete with aesthetic character, though this fact has been largely neglected within contemporary aesthetics. As against Dewey's account of aesthetic experience, I suggest that the fact that many everyday experiences are simple, lacking in unity or closure, and characterized by limited or fragmented awareness does not disqualify them from aesthetic consideration. Aesthetic attention to the domain of everyday experience may provide for lives of greater satisfaction and contribute to our ability to (...) pursue moral aims. (shrink)

Though feminists are correct to note that conventional standards of sexiness are oppressive, we argue that feminism should reclaim sexiness rather than reject it. We argue for an aesthetic and ethical practice of working to shift from conventional attributions of sexiness to respectful attributions, in which embodied sexual subjects are appreciated in their full individual magnificence. We argue that undertaking this practice is an ethical obligation, since it contributes to the full recognition of others’ humanity. We discuss the relationship of (...) ethical to aesthetic considerations and argue that the respectful notion of sexiness is a genuinely aesthetic one, even though it does not involve assessment in relation to standards. (shrink)

I argue against a prevailing view that the essence of Godis identical with the attributes. I show that given what Spinoza says in 2d2 – Spinoza'spurported definition of the essence of a thing – the attributes cannot be identical withthe essence of God (whether the essence of God is understood as the distinct attributesor as a totality of indistinct attributes). I argue that while the attributes do notsatisfy the stipulations of 2d2 relative to God, absolutely infinite and eternal power does (...) satisfythose stipulations. Hence, I conclude that absolutely infinite and eternal power is God'sessence and that the attributes are expressions of that power. (shrink)

This article discusses the relationship (or lack thereof) between authors’ intentions and the meaning of literary works. It considers the advantages and disadvantages of Extreme and Modest Actual Intentionalism, Conventionalism, and two versions of Hypothetical Intentionalism, and discusses the role that one’s theoretical commitments about the robustness of linguistic conventions and the publicity of literary works should play in determining which view one accepts.

Virtually everyone who has advanced an ontology of art has accepted a constraint to the effect that claims about ontology should cohere with the sort of appreciative claims made about artworks within a mature and reflective version of critical practice. I argue that such a constraint, which I agree is appropriate, rules out a one-size-fits-all ontology of contemporary visual art (and thus of visual art in general). Mature critical practice with respect to contemporary art accords artists a significant degree of (...) stipulative authority regarding the features and boundaries of their works. This results in ontological variation among visual artworks. Any claim to the effect that all works belong to the same ontological category will thus come out false or uninformative. Interesting, substantive claims about ontological status can be made only in relation to specific works; that is, we must consider the ontological status of each contemporary artwork individually. The only general ontological claim that can be made about visual artworks (and also about artworks in other forms) is that they belong to the sort of thing that artists create. But this is not a substantive ontological claim. (shrink)

I argue that there can be appropriate aesthetic experiences even of basic somatic experiences like itches and scratches. I show, in relation to accounts of aesthetic experience offered by Carroll and Stecker, that experiences of itches and scratches can be aesthetic; I show that itches can be objects of attention in the way that normative accounts of the aesthetic often require; and I show, in relation to accounts of the aesthetic appreciation of nature offered by Carlson and Carroll, that aesthetic (...) experience of itches and scratches can be appropriate. I argue that attention to the domain of somatic experience is worthwhile, in that it offers the prospects of significant aesthetic satisfaction, and I suggest that even attention to unpleasant experiences like itches and pains may be aesthetically rewarding. (shrink)

This essay takes a first step in comparative ethics by looking to Aristotle and the Aztec's conceptions of the good life. It argues that the Aztec conception of a rooted life, neltiliztli, functions for ethical purposes in a way that is like Aristotle's eudaimonia. To develop this claim, it not only shows just in what their conceptions of the good consist, but also in what way the Aztecs conceived of the virtues (in qualli, in yectli).

I argue that contemporary artists fix the features of their works not only through their actions of making and presenting objects, but also through auxiliary activities such as corresponding with curators and institutions. I refer to such fixing of features as the artist’s sanction: artists sanction features of their work through publicly accessible actions and communications, such as making a physical object with particular features, corresponding with curators and producing artist statements. I show, through an extended example, that in order (...) to grasp the nature of contemporary artworks, and thus be in a position to interpret them, we must attend to the features the artist has sanctioned. However, this does not amount to saying that the artist’s intention fixes the features of the work. While related to intentions, sanctions are not identical to them; and, indeed, the features the artist has sanctioned may conflict, in some cases, with those she intended. I distinguish my view from actual and hypothetical intentionalism and show that considering the artist’s sanction does not force us to accept any particular interpretation of the work. I also show that, while it has special relevance to our understanding of contemporary artworks, the notion of the sanction is in fact relevant to traditional Western art as well. (shrink)

Appropriation art has often been thought to support the view that authorship in art is an outmoded or misguided notion. Through a thought experiment comparing appropriation art to a unique case of artistic forgery, I examine and reject a number of candidates for the distinction that makes artists the authors of their work while forgers are not. The crucial difference is seen to lie in the fact that artists bear ultimate responsibility for whatever objectives they choose to pursue through their (...) work, whereas the forger's central objectives are determined by the nature of the activity of forgery. Appropriation artists, by revealing that no aspect of the objectives an artist pursues are in fact built in to the concept of art, demonstrate artists' responsibility for all aspects of their objectives and, hence, of their products. This responsibility is constitutive of authorship and accounts for the interpretability of artworks. Far from undermining the concept of authorship in art, then, the appropriation artists in fact reaffirm and strengthen it. (shrink)

As aesthetic beings, we are receptive to and engaged with the sensuous phenomena of life while also knowing that we are targets of others’ awareness: we are both aesthetic agents and aesthetic objects. Our psychological health, our standing within our communities, and our overall wellbeing can be profoundly affected by our aesthetic surroundings and by whether and how we receive aesthetic recognition from others. When our embodied selves and our cultural products are valued, and when we have rich opportunities for (...) aesthetic experience and for the exercise of aesthetic agency, the aesthetic can foster and sustain wellbeing and help to make our lives worthwhile. But when we are subjected to aesthetic blight, restriction of our aesthetic agency, and aesthetic devaluing of our embodied selves and our communities’ cultural products, the aesthetic can do great harm: such aesthetic maneuvers play a significant role in oppression and social hierarchy related to race, gender, fatness, and disability. This essay explores the notions of aesthetic objects and aesthetic agents, their relations with each other, and the unique affordances of persons’ status as simultaneously aesthetic objects and aesthetic agents. It examines the prospects for bodily aesthetic experience to promote wellbeing and, at the end, considers how the aesthetic might play a role in establishing forms of mutual vulnerability and recognition to combat oppressive social hierarchies. (shrink)

This paper has three objectives. First, I argue that apprehending an installation artwork is similar to apprehending an artwork for performance: in each case, audiences must recognize a relationship between the performance or display one encounters and the parameters expressed in the underlying work. Second, I consider whether realizations are also artworks in their own right. I argue that, in both installation art and performance, a particular realization is sometimes an artwork in its own right (even as it realizes another (...) work). I offer criteria for determining when this is the case. Application of the criteria yields the verdict that performances are sometimes artworks in their own right, while displays of installation artworks rarely are. This difference, though, is merely contingent on the conventions of the respective art forms. Third, I address ontological concerns about entities that are both abstract and temporal, as many artworks are on my analysis. (shrink)

On several current views, including those of Matthew Kieran, Gary Iseminger, Jerrold Levinson, and Noël Carroll, aesthetic appreciation or experience involves second-order awareness of one’s own mental processes. But what if it turns out that we don’t have introspective access to the processes by which our aesthetic responses are produced? I summarize several problems for introspective accounts that emerge from the psychological literature: aesthetic responses are affected by irrelevant conditions; they fail to be affected by relevant conditions; we are ignorant (...) of their causes and thus confabulate in explaining them; our attempts to offer explanations change our preferences; and the preferences we form after explanation are lower in quality. I suggest that by distinguishing introspective awareness of mental processes from introspective awareness of mental states, we can safeguard a worthwhile concept of aesthetic experience. In addition, we should recognize that theoretical, rather than introspective, understanding of our mental processes may play a valuable role in aesthetic appreciation. (shrink)

A curious feature of Aztec philosophy is that the basic metaphysical question of the “Western” tradition cannot be formulated in their language, in Nahuatl. This did not, however, prevent the Aztecs from developing an account of 'reality', or whatever it is that might exist. The article is the first of its kind to compare the work of Aristotle on ousia (being) and the Aztecs on teotl and ometeotl. Through this analysis, it suggests that both of the Nahuatl terms are fundamental (...) for expressing the basic character of reality as process for the Aztecs. It also defends their notion as prima facia reasonable, despite its wide divergence from Aristotle's view. (shrink)

Prominent philosophical accounts of artistic forgery have neglected a central aspect of the aesthetic harm it perpetrates. To be properly understood, forgery must be seen in the context of our ongoing attempts to augment our aesthetic understanding in conditions of uncertainty. The bootstrapping necessary under these conditions requires a highly refined comprehension of historical context. By creating artificial associations among aesthetically relevant qualities and misrepresenting historical relationships, undetected forgeries stunt or distort aesthetic understanding. The effect of this may be quite (...) pervasive, and removing known forgeries from museum walls will be insufficient to eradicate it. Continued attention to forgeries, once exposed, can in fact serve us by increasing our understanding of how aesthetic understanding is formed and by helping us to repair the damage they have inflicted. (shrink)

Derogatory terms (racist, sexist, ethnic, and homophobic epithets) are bully words with ontological force: they serve to establish and maintain a corrupt social system fuelled by distinctions designed to justify relations of dominance and subordination. No wonder they have occasioned public outcry and legal response. The inferential role analysis developed here helps move us away from thinking of the harms as being located in connotation (representing mere speaker bias) or denotation (holding that the terms fail to refer due to inaccurate (...) descriptive content). The issue is not bad attitudes or referential misfires. An inferential role semantic analysis of derogatory terms shows exactly what is at stake between those who argue that the terms should be eliminated (Absolutists) and those who claim they can be successfully rehabilitated (Reclaimers). The Reclaimer maintains, and the Absolutist denies, that certain contexts can detach the derogatory force from deeply derogatory terms. The article looks at these claims with respect to ‘nigger’ and ‘dyke,’ setting out the inferential role of each term and examining detachability potential. Explaining detachability in terms of linguistic commitments, this article also addresses the issue of whether such terms count as political discourse, and examines the implications of that issue. (shrink)

An extensive literature about pictorial representation discusses what is involved when a two-dimensional image represents some specific object or type of object. A smaller literature addresses parallel issues in sculptural representation. But little has been said about the role played by the sculptural material itself in determining the meanings of the sculptural work. Appealing to Nelson Goodman and Catherine Elgin’s discussions of literal and metaphorical exemplification, I argue that the material of which a sculpture is constituted plays key roles in (...) what is represented and how it is represented, in part because we have bodily and emotional responses to the real possibilities the sculptural material creates for us. I discuss examples of contemporary artworks by Melvin Edwards, Kara Walker, Willie Cole, Marc Quinn, Ai Weiwei, Janine Antoni, El Anatsui, Zoe Leonard, and others. (shrink)

We discuss how analysis of contemporary artworks has shaped philosophical theories about the concept of art, the ontology of art, and artistic media. The rapid expansion, during the contemporary period, of the kinds of things that can count as artworks has prompted a shift toward procedural definitions, which focus on how artworks are selected, and away from definitions that focus exclusively on artworks’ features or effects. Some contemporary artworks challenge the traditional art–ontological dichotomy between physical particulars and repeatable entities whose (...) occurrences are physical particulars. And nontraditional techniques and materials employed in contemporary art violate the boundaries of conventional media, prompting a rethinking of what artistic medium might be. (shrink)

Several years ago, the poet & critic Joan Houlihan offered a scathing and hilarious indictment of a lot of postmodern poetry for using words in a way that treats them as meaningless (or, perhaps, renders them meaningless). She suggested that word choice in such poems doesn’t really matter, and that the poet could just as well have substituted in other words without any change in meaning or aesthetic qualities. I argue that she’s wrong about this. I offer an account of (...) how interpretation and meaning function in poems that use words in highly non-standard ways. In such poems, there are associations and implicatures that one can reasonably expect a suitably backgrounded reader to grasp, rescuing interpretation from being a purely subjective and arbitrary activity. (shrink)

The culturally pervasive tendency to identify aspects of the body as aesthetically imperfect harms individuals and scaffolds injustice related to disability, race, gender, LGBTQ+ identities, and fatness. But abandoning the notion of imperfection may not respect people’s reasonable understandings of their own bodies. I examine the prospects for a practice of aesthetic assessment grounded in a notion of the body’s function. I argue that functional aesthetic assessment, to be respectful, requires understanding the body’s functions as complex, malleable, and determined by (...) the projects and interests of the person whose body it is. Aesthetically relevant functions, on this account, are determined neither by the body’s status as organism nor by cultural assumptions about how bodies should function or be used. (shrink)

In the museum context, curators and conservators often play a role in shaping the nature of contemporary artworks. Before, during and after the acquisition of an art object, curators and conservators engage in dialogue with the artist about how the object should be exhibited and conserved. As a part of this dialogue, the artist may express specifications for the display and conservation of the object, thereby fixing characteristics of the artwork that were previously left open. This process can make a (...) significant difference to the visual appearance of the work, the nature of the audience's experience, and how the work should be interpreted. I present several case studies in which the nature of the artwork has been shaped by such dialogues, and discuss principles for resolving cases in which there is a conflict between instructions specified by the artist and those adopted by the museum. (shrink)

This paper addresses two questions about audience misunderstandings of contemporary art. First, what is the institution’s responsibility to prevent predictable misunderstandings about the nature of a contemporary artwork, and how should this responsibility be balanced against other considerations? Second, can an institution ever be justified in intentionally mounting an inauthentic display of an artwork, given that such displays are likely to mislead? I will argue that while the institution has a defeasible responsibility to mount authentic displays, this is not always (...) sufficient to avoid misunderstanding; the institution will sometimes need to supply auxiliary information. And even where competing considerations require mounting an inauthentic display, thoughtful museum practice can promote the audience’s ability to grasp the work. The argument will be developed with consideration of artworks by El Anatsui, Lygia Clark, and Glenn Ligon. (shrink)

This reference essay surveys recent work in the emerging sub-discipline of everyday aesthetics, which builds on the work of John Dewey to resist sharp distinctions between art and non-art domains and argue that aesthetic concepts are properly applied to ordinary domains of experience.

I clarify the arguments of my paper “Scratching an Itch” in response to a discussion piece by Brian Soucek. I also offer a new argument that objectivity is possible for aesthetic judgments about private phenomena such as somatic experiences.

Repeatable artworks, such as novels and musical works, have often been construed as universals whose instances are particular printings or performances. In Art and Art-Attempts, Christy Mag Uidhir offers a nominalist account of repeatable artworks, eschewing talk of universals. Mag Uidhir argues that all artworks are concrete, and artworks that we regard as repeatable are simply unified by a relevant similarity relation: we use the name Beloved to refer to two concrete printed novels because they are relevantly similar to each (...) other and to certain other printings that are the product of Toni Morrison’s art-attempt. I discuss two potential difficulties for Mag Uidhir’s notion of relevant similarity: a difficulty related to appropriation, and a difficulty related to the fact that musical performances are often the product of distinct art-attempts by the composer and by the performer. I suggest that both difficulties could be addressed by enriching the notion of relevant similarity by appeal to the artist’s specification of which similarities are essential for two works to count as relevantly similar. (shrink)

I discuss two interrelated ways in which disgust functions in motherhood. First, relaxation of the mother’s sense of disgust allows her to nurture her child more effectively. Second, others’ responses of disgust are used to enforce social norms regarding the “good” mother. If the mother acquiesces, she must continually monitor and tidy her child, which may interfere with the child’s exploration of the world. If she does not, she is subject to ongoing signs that she is flawed or failing as (...) a mother. (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

The ability of videos to serve as evidence of racial injustice is complex and contested. This essay argues that scrutiny of the Black body has come to play a key role in how videos of police violence are mined for evidence, following a long history of racialized surveillance and attributions of threat and superhuman powers to Black bodies. Using videos to combat injustice requires incorporating humanizing narratives and cultivating resistant modes of looking.

Many contemporary artworks include active matter along with rules for conservation that are designed to either facilitate or prevent that matter’s degradation or decay. I discuss the mechanisms through which actual or potential states of material decay contribute to the work’s expressive import. Nelson Goodman and Catherine Elgin introduce the concepts of literal and metaphorical exemplification, which are critical to expression: a work literally exemplifies a property when it both possesses and highlights that property, and it metaphorically exemplifies a property (...) when the properties it literally exemplifies bring that property powerfully to mind. I argue that the literal exemplification of actual or potential states of decay enhances a work’s expressive power by stimulating our bodily and emotional responses to the physical potential of the work’s active matter. Conservation practices, by affecting the properties the work literally and metaphorically exemplifies, are key to the expressive power of works that employ states of degradation and decay. The argument is illustrated through discussion of works by Zoe Leonard, Marc Quinn, and Kara Walker that literally exemplify actually or potentially decaying materials, as contrasted with works by Ai Weiwei and Sam Taylor-Johnson that represent rather than exemplify decaying materials. (shrink)

This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without (...) the boundary. Derrida’s most insightful essay in this regard is his study of Franz Kafka’s untitled parable in The Trial. The parable represents a man who waits for an invitation to enter the Law until he nears his end. Derrida responds to the parable in his essay, “Before the Law.” This article uses the parable and Derrida’s response to it as a starting-off point for a reconsideration of the boundary of legal knowledge. In this context, Derrida asks this question: “why is Kafka’s parable categorized as Literature or Law?” Such an issue depends upon the boundary of a discipline, according to Derrida. And that focus, in turn, asks whether the boundary pre-exists any text which is represented as “Literature” or “Law” or “Philosophy.” This article claims, however, that Derrida’s theory presupposes that law, as a discipline, encloses a territorial-like space in legal consciousness. Each discipline possesses such a space. So too does the state and the university. Inside this bounded space, officials of the Law are free to consciously deliberate, reflect, and render decisions about the context of the Law. Analytically and phenomenologically before the boundary is taken for granted in an academic discipline, however, there is an unbounded non-law. The aporia of Derrida’s theory of the boundary of the Law is that the official or expert knower of the official language inside the boundary cannot assume the imagined boundary of legal knowledge without implicitly claiming to know the exteriority to the boundary. And yet, officials and expert knowers cannot know such an exterior extra-legality because, by virtue of the boundary as encircling a territorial-like space, knowledge is considered legal only when it exists inside the boundary. “The Law” is the consequence of the imagination of the expert knowers of the language as well as of the non-expert who believes in the bounded territorial-like space. (shrink)

This reference essay addresses how sculpture may be defined, the nature of sculptural representation and content, the distinctive forms of tactile and bodily experience to which sculpture can give rise, and the ontology of sculpture. It addresses both sculptures whose form is largely fixed and contemporary sculptural practices incorporating found objects and variable presentation.

The body is relevant for aesthetics from two perspectives. We experience and assess bodies aesthetically from the outside; and we have aesthetic experiences of and through our bodies from the inside. In experiences of one’s own body, these perspectives often intersect in interesting ways. From both perspectives, the body is a site where aesthetic and ethical considerations are deeply intertwined. This article includes discussion of Beauty and the Body, Aesthetic Body Practices, Body Aesthetics and Gender Construction, Somatic Dimensions of Aesthetic (...) Experience, and The Body in Contemporary Art. (shrink)

Bence Nanay, in Aesthetics as Philosophy of Perception, and Murray Smith, in Film, Art, and the Third Culture, have given us a pair of rich and interesting works about the relationships between aesthetics and the sciences of mind. Nanay’s work focuses on perception and attention, while Smith’s addresses the relations among experiential, psychological, and neuroscientific understandings of a wide range of aesthetically relevant phenomena, particularly as they occur in film. These books make a valuable contribution to a project that remains (...) fledgling: that of taking seriously the relevance of the sciences to our conceptions and explanations of experiential phenomena in aesthetics and the philosophy of art. I will focus on a specific issue from each of these works. Nanay offers an account of aesthetic experience that ties it closely to the concepts of focused and distributed attention that are invoked in the sciences of perception. While I agree with Nanay that attention should play a central role in accounts of aesthetic experience, I raise questions about his specific account of the relationship. With Smith, we zoom out to a broader issue, that of the mutual explanatory relationships among phenomenological, functional/cognitive, and neurophysiological observations in our aesthetic theorizing. Smith makes a strong claim that all three of these levels are essential and irreducible, and none is subsidiary to the others. I argue that given the current state of the science, we should not regard neurophysiological observations as being on a par with observations at the other two levels. I also raise some doubts about the prospect of neurophysiological data making an independent contribution to aesthetic theorizing, even once the science is far more advanced. (shrink)

This essay examines the difficulties faced by the claim that artworks are simple physical objects (or, in the case of non-visual art forms, simple structures of another sort) and examines alternative proposals regarding their ontological nature.

Feminists have urged women to take semantic authority. This article explains what such authority is, how it depends upon community recognition, and how it differs from privilege and from authority as usually conceived under patriarchy. Understanding its natures and limits is an important part of attaining it. Understanding the role of community explains why separatism is the logical conclusion of this project, and why separatism is valuable even to those who do not separate.

The ontology of visual artworks might be thought comparable to the ontology of other sorts of artifacts: a work of painting seems to be materially constituted by a particular canvas with paint on it, just as a spoon is constituted by a particular piece of metal. But recent developments have complicated the situation, requiring a new account of the ontology of contemporary art. These developments also shed light on the ontology of works from earlier historical eras. This article discusses Artworks (...) as Events, Artworks as Abstract Entities, and Artworks and Norms. (shrink)

Christy Mag Uidhir’s Art and Art-Attempts begins from two deceptively simple observations: artworks are the product of intentions, and intentions are the kinds of things that can fail to be realized successfully. Drawing on these observations, he argues that most contemporary theories of art must be rejected because they are not substantively intention-dependent: that is, they do not account for the fact that an attempt to make an artwork can fail. From his view that artworks must be the product of (...) art-attempts that are subject to failure, Mag Uidhir derives implications for many domains in the philosophy of art. He argues that artworks cannot be abstract objects, since abstract objects cannot participate in causal relations and thus can’t be the product of art attempts: one can’t coherently intend or attempt to create something that exists eternally. Things that we think of as repeatable artworks, then, can’t be abstract types: instead, Mag Uidhir proposes, every artwork is concrete, but some are tied together by a relation of relevant similarity. In this symposium, Mag Uidhir replies to three critics, David Davies, Sherri Irvin and Keith Lehrer. All three critics examine the relevant similarity relation that Mag Uidhir proposes to account for artworks that we treat as repeatable, while also considering a variety of other issues. (shrink)

Kafka’s The Trial describes how K slowly loses his familiar language. He does speak a language but his language becomes monologic towards others and the language of others becomes monologic towards K. There seems to be no other person who, in a private and professional life, can respond to K’s words and gestures in a manner which K can understand. The others embody their own meanings into K’s words. Such meanings only possess value within the discourses of self-styled legal experts (...) and officials who act in K’s name. The officials and experts assume that their own meanings are authoritative. K fails to gain access to their meanings. The question posed by Husserl’s phenomenology of language is ‘why?’ Conklin argues that K’s experiences seem not unlike Lyotard’s sense of a different or ‘untranslatable gap’. K remains on the fringe or outside what the experts take as an authoritative language. As a consequence, K’s experiential body slowly dies. This death paradoxically occurs at the same moments that the experts believe that they are addressing ‘K’s case’. Conklin explains the paradox by retrieving Husserl’s sense of a meaning-conferring act and the failure of K’s meaning-conferring acts from being fulfilled in the language of the legal experts. (shrink)

This paper argues for several claims about the moral relevance of the aesthetic: that attention to aesthetic values may promote moral motivation; that aesthetic values should be regarded as constraining moral demands; and that the pursuit of aesthetic satisfactions may itself have positive moral value. These arguments suggest that moral thinking should be aesthetically informed to a much greater degree than has been typical. The aesthetic is a central dimension of a good life, and a life’s being good for the (...) person living it has considerable moral weight, both in itself and because of the positive consequences for others that stem from it. Moral thinking that neglects aesthetic considerations, then, is likely to result in theories that are deficient not only from an aesthetic but from a moral point of view. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

According to Arthur Danto, it is illegitimate to seek a neutral, or pre-interpretative, description of an artwork, since such descriptions necessarily fail to respect the artwork as such. Instead, we must begin by interpreting, so as to constitute the work : interpretation is what distinguishes artworks from mere physical objects. In this paper, I argue that, while Danto is right to distance artworks from mere things, this can be done without suggesting that artworks are constituted by interpretation. Moreover, Danto’s view (...) leaves us unable to account for the fact that interpretations are constrained to be responsive to the work’s features. I demonstrate that, by appealing to conventions of description that are specific to art, it is possible to offer a neutral description that respects the work as an artwork. This view accords with our common sense understanding of the relation between description and interpretation, and avoids the unfortunate consequences of Danto’s theory. // Selon Arthur Danto, il est illégitime de chercher une description « neutre » ou préinterprétative d’une oeuvre d’art, parce qu’une telle description ne peut respecter l’oeuvre d’art en tant que telle. Nous ne pouvons aborder une oeuvre sans l’interpréter, puisque l’interprétation constitue l’oeuvre d’art et distingue celle-ci d’un simple objet physique. Dans cet article je soutiens que, bien que Danto ait raison de vouloir distinguer les oeuvres d’art des simples choses, on peut effectuer cette distinction sans conclure que les oeuvres d’art sont constituées par l’interprétation. Je soutiens en outre que le point de vue de Danto ne nous permet pas de tenir compte du fait que les interprétations doivent respecter les caractéristiques de l’oeuvre. Je montre qu’en faisant appel aux conventions de description spécifiques à l’art, on peut proposer une description neutre qui respecte l’oeuvre d’art en tant qu’oeuvre. Mon point de vue est conforme à la relation généralement admise entre la description et l’interprétation des oeuvres d’art, et évite les conséquences négatives de la théorie de Danto. (shrink)

In his book Art and Knowledge, James O. Young suggests that avant-garde and contemporary art, because it tends to eschew the resources of illustrative representation, lacks cognitive value. Because he regards cognitive value as a necessary condition for a high degree of aesthetic value, he concludes that contemporary works tend to have little aesthetic value and thus do not deserve to be regarded as valuable artworks (or, in many cases, as artworks at all). In this paper, I mount a defense (...) of contemporary art against Young’s criticisms. I examine particular artworks to show that the use of exemplification in many contemporary works is sufficient to allow them to make the kind of cognitive contribution Young requires. And I show that even a work that uses virtually none of the resources of illustrative representation makes available an experience that is a valuable source of knowledge. There is, thus, nothing about contemporary art that prevents it from having, or makes it especially unlikely to have, cognitive value. (shrink)

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a (...) view with the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority. (shrink)

In 2012, choreographer and dancer Jill Sigman of jill sigman/thinkdance and visual artist Janine Antoni collaborated to produce Wedge, a live performance at the Albright-Knox Gallery. In this essay, I describe the collaboration and the resulting work and examine the benefits and challenges of the collaboration. The discussion touches on broader issues pertaining to collaboration, co-authorship, artists' intentions, and interpretation.

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)