In response to its current crisis, scholars call for the revitalisation of democracy through democratic innovations. While they make ample use of life metaphors describing democracy as a living organism, no comprehensive understanding of ‘life’ has been established within democratic theory. The Black Lives Matter (BLM) movement articulates the urgency of refocusing on life and its meaning through radical democratic practice. This article employs a grounded theory approach, enriched with participatory methods, to develop a radical democratic concept of life in (...) conversation with BLM. It conceptualises life as the existence of a perspective that constantly transforms through its fundamental interconnectedness. Building on this concept, the article outlines four principles of a living democracy that go beyond the revitalisation discourse. A living democracy (1) safeguards the existence of all humans and nonhumans, (2) nurtures a diversity of perspectives, (3) fosters social and planetary connectivity, and (4) enables self- and collective transformation. (shrink)

In the latter half of the twentieth century, philosophers of science have argued (implicitly and explicitly) that epistemically rational individuals might compose epistemically irrational groups and that, conversely, epistemically rational groups might be composed of epistemically irrational individuals. We call the conjunction of these two claims the Independence Thesis, as they together imply that methodological prescriptions for scientific communities and those for individual scientists might be logically independent of one another. We develop a formal model of scientific inquiry, define four (...) criteria for individual and group epistemic rationality, and then prove that the four definitions diverge, in the sense that individuals will be judged rational when groups are not and vice versa. We conclude by explaining implications of the inconsistency thesis for (i) descriptive history and sociology of science and (ii) normative prescriptions for scientific communities. (shrink)

Epistemic decision theory (EDT) employs the mathematical tools of rational choice theory to justify epistemic norms, including probabilism, conditionalization, and the Principal Principle, among others. Practitioners of EDT endorse two theses: (1) epistemic value is distinct from subjective preference, and (2) belief and epistemic value can be numerically quantified. We argue the first thesis, which we call epistemic puritanism, undermines the second.

Introduction in chapter viii of book ii of An Essay Concerning Human Understanding, John Locke provides various putative lists of primary qualities. Insofar as they have considered the variation across Locke's lists at all, commentators have usually been content simply either to consider a self-consciously abbreviated list (e.g., "Size, Shape, etc.") or a composite list as the list of Lockean primary qualities, truncating such a composite list only by omitting supposedly co-referential terms. Doing the latter with minimal judgment about what (...) terms are co-referential gives us the following list of eleven qualities (in the order in which they appear in this chapter of the Essay): solidity, extension, figure, mobility, motion or rest, number, bulk, texture, motion, size, and situation. Perhaps surprisingly given the attention to the primary/secondary distinction since Locke, Locke's primary qualities themselves have received little more than passing mention in the bulk of the subsequent literature. In particular, no discussion both offers an interpretation of Locke's conception of primary qualities and makes sense of Locke's various lists as lists of primary qualities. A central motivation for this paper is the idea that these two tasks are not independent. (shrink)

Tesón's “humanitarian rationales” for the war in Iraq strain the traditional understanding of humanitarian intervention: The first, that the war was fought to overthrow a tyrant. The second, that it was a defense strategy establishing democratic regimes peacefully, but by force if necessary.

Two intertwined themes run through Kant’s last, unfinished work, known to us as the Opus postumum: the comprehensibility of physics as a science and of human freedom as a causal power.1 The two themes come together in Kant’s theory of self-positing. Although the Opus postumum has received substantial attention in recent decades, there has been an insufficient focus on human embodiment (self-positing) as the bridge between nature and freedom in Kant’s final period. In this paper, I contribute to remedying this (...) defect by showing the centrality of embodiment for Kant’s motivating project of a transition from the metaphysics of natural science to the actual science of physics. Many times in the disordered manuscripts, Kant characterizes this transition in terms of a schematism conceived of as parallel to—or as an extension of—the first Critique schematism. I argue here that Kant’s theory of self-positing places human embodiment in the role of serving as this schematism and making the needed transition. (shrink)

David Sloan Wilson has recently revived the idea of a group mind as an application of group selectionist thinking to cognition. Central to my discussion of this idea is the distinction between the claim that groups have a psychology and what I call the social manifestation thesis-a thesis about the psychology of individuals. Contemporary work on this topic has confused these two theses. My discussion also points to research questions and issues that Wilson's work raises, as well as (...) their connection to externalist conceptions of the mind familiar since the work of Putnam and Burge. (shrink)

The Eugenic Mind Project is a wide-ranging, philosophical book that explores and critiques both past and present eugenic thinking, drawing on the author’s intimate knowledge of eugenics in North America and his previous work on the cognitive, biological, and social sciences, the fragile sciences. Informed by the perspectives of Canadian eugenics survivors in the province of Alberta, The Eugenic Mind Project recounts the history of eugenics and the thinking that drove it, and critically engages contemporary manifestations of eugenic thought, newgenics. (...) An accessible, original work of scholarship adopting what the author calls a standpoint eugenics, this book focuses on the roots of eugenic thinking past and present. It will provoke and enrich discussions about human nature and human diversity, the social uses of biotechnology, and social policy governing future generations. You can download the preface and acknowledgements here. (shrink)

Christian B. Miller has noted a “realism challenge” for virtue ethicists to provide an account of how the character gap between virtuous agents and non-virtuous agents can be bridged. This is precisely one of Han Feizi’s key criticisms against Confucian virtue ethics, as Eric L. Hutton argues, which also cuts across the Aristotelian one: appealing to virtuous agents as ethical models provides the wrong kind of guidance for the development of virtues. Hutton, however, without going into detail, notes that the (...) notion of rituals in the Confucian tradition may be able to sidestep Han Feizi’s criticism. In this essay, I wish to explore not only how the notion of rituals, alongside its corollaries in Xunzi’s Confucian program for ethical cultivation, indeed addresses Han Feizi’s criticism, but also observe that Aristotle’s tragic poetry plays functionally equivalent roles in his own understanding of ethical upbringing. I will begin by considering Han Feizi’s critique of ethical cultivation in virtue ethics as such and how it poses a specific problem for the acquisition of the ‘constitutive reasoning’ shared by Aristotle and Xunzi. I will then briefly note that this problem trades on the synthetic structure of human nature found in both Aristotle and Xunzi (the rational/irrational parts of the soul and the heartmind/five faculties), which grounds the way they understand ethical action and agency. Finally, I will suggest how both Aristotle and Xunzi understand the role of the arts in their extensive programme of ethical cultivation, allowing them to respond to Han Feizi’s attack as too narrow a construal of their respective ethical projects. It is hoped that, through this, we may gain a better sense of how more recent virtue ethicists may similarly draw on aesthetic resources for ethical development. (shrink)

Kant’s conception of nature’s having a “purposiveness without a purpose” was quickly picked by the Romantics and made into a theory of art as revealing the otherwise hidden unity of nature and freedom. Other responses (such as Hegel’s) turned instead to Kant’s concept of judgment and used this to develop a theory that, instead of the Romantics’ conception of the non-discursive manifestation of the absolute, argued for the discursively articulable realization of conceptual truths. Although Hegel did not argue for the (...) “end of art” (although it is widely held that he did just that), he did, curiously enough, claim that it is art and not philosophy which tells us about the “life” of agents. To see how he reconciles that claim with his otherwise entirely discursively oriented philosophy, it is necessary to look at his thesis of the end of art’s “absolute” importance. Hegel’s worries have to do with the impossibility of fully exhibiting the “inner” in the “outer” in modern art and with the newly emerging problem of “fraudulence” in the poet’s voice. This is illustrated by examples drawn from the history of music and the problems besetting the lyric poet in modern life. Because of these problems, we are, Hegel says, now “amphibious animals” having to live in different and seemingly incompatible worlds. Hegel’s student, Heinrich Heine, found that the only satisfactory way of responding to this was for the modern artist to adopt a distinctive type of irony in response to the Hegel’s worries about modern art. This form of irony, it is argued, is itself Hegelian in spirit. (shrink)

This paper examines the standard view of realization operative incontemporary philosophy of mind, and proposes an alternative, generalperspective on realization. The standard view can be expressed, insummary form, as the conjunction of two theses, the sufficiency thesis andthe constitutivity thesis. Physicalists of both reductionist and anti-reductionist persuasions share a conception of realization wherebyrealizations are determinative of the properties they realize and physically constitutive of the individuals with those properties. Centralto the alternative view that I explore here is the idea that (...) the requisite,metaphysically robust notion of realization is ineliminably context-sensitive. I shall argue that the sufficiency and constitutivity theses aretypically not jointly satisfied by any one candidate realizer, and that goingcontext-sensitive in one's metaphysics is preferable to the standard view.The context-sensitive views developed here are implicit in a range ofcommon views in both the philosophy of mind and the philosophy of biology,even if they have not been explicitly articulated, and even though theyundermine other views that are commonly endorsed. (shrink)

This book is a record of my dialogues with Stephen Hawking, his graduate assistants and his nurses during a four city public lecture tour I organized for Hawking, including Portland, Eugene, Seattle, Vancouver, BC. We discussed 20th century science and philosophy of science. Since I was often the one being questioned, much of the contents reflect my PhD research at the University of London. My focus was on understanding the limits of science, as represented by quantum theory and relativity. My (...) mentors had been Paul Feyerabend and Imre Lakatos, and I was strongly influenced by Karl Popper and Thomas Kuhn. In one in depth presentation to Hawking I suggested that Newtonian space-time and Maxwellian space-time were complementary, were defined by complementary symmetry principles. I had opportunity to present the same arguments to Kip Thorne and Freeman Dyson. Hawking simply remarked that I 'may be right'. Thorne confirmed that practitioners of General Relativity use both depending on the problem at hand. Dyson was emphatic – "Yes. Definitely. Absolutely.". (shrink)

This is the introductory essay for the 80 or so philosophy articles in MITECS, covering philosophy's contribution to the cognitive sciences.

According to Quine, Charles Parsons, Mark Steiner, and others, Russell’s logicist project is important because, if successful, it would show that mathematical theorems possess desirable epistemic properties often attributed to logical theorems, such as aprioricity, necessity, and certainty. Unfortunately, Russell never attributed such importance to logicism, and such a thesis contradicts Russell’s explicitly stated views on the relationship between logic and mathematics. This raises the question: what did Russell understand to be the philosophical importance of logicism? Building on recent work (...) by Andrew Irvine and Martin Godwyn, I argue that Russell thought a systematic reduction of mathematics increases the certainty of known mathematical theorems (even basic arithmetical facts) by showing mathematical knowledge to be coherently organized. The paper outlines Russell’s theory of coherence, and discusses its relevance to logicism and the certainty attributed to mathematics. (shrink)

This is the first complete English translation and publication of Donoso’s carta de 24 de octubre, 1851, a letter encapsulating many of his views on revolution and decision. This remarkable letter, sent as a diplomatic missive while he was serving the Spanish crown in Paris, describes how Napoleon III––stuck between the 1848 constitution’s prohibition against his election and his impending coup that will crown him emperor––must gain the support of the liberal bourgeoise middle class if he is to maintain his (...) rule over France. The letter is also of great importance to Donoso and Schmitt scholars because it contains the first and only time Donoso uses the complete term “las clases discutidoras,” which, through Schmitt’s injudicious and repeated misspellings as “una clasa discutidora” has become famous for its characterization of the liberal bourgeoisie as the “discussing” or “disputing” class that is incapable of action at the precise historical moment when a decision is most direly needed to save the constitution from inner or outer existential threats. (shrink)

Since Kant, modern philosophy has reacted critically and most often dismissively to any theories or inquiries deemed "metaphysical." The Critique of Pure Reason shows that although human beings naturally seek knowledge of things that are beyond the limits of all possible experience (i.e., metaphysical knowledge), the categories by means of which we are capable of knowledge are all restricted in their legitimate application to objects of possible experience. Thus, Kant rules out any human capacity for metaphysical knowledge on epistemological grounds—grounds (...) having to do with the way knowledge-claims are legitimated. It is, therefore, surprising to find Sartre raising at least two questions in the Conclusion of Being and Nothingness that he himself labels metaphysical but nevertheless legitimate. (shrink)

Perception solves computationally demanding problems at lightning fast speed. It recovers sophisticated representations of the world from degraded inputs, often in a matter of milliseconds. Any theory of perception must be able to explain how this is possible; in other words, it must be able to explain perception's computational tractability. One of the few attempts to move toward such an explanation has been the information encapsulation hypothesis, which posits that perception can be fast because it keeps computational costs low by (...) forgoing access to information stored in cognition. I argue that we have no compelling reason to believe that encapsulation explains (or even contributes to an explanation of) perceptual tractability, and much reason to doubt it. This is because there exist much deeper computational challenges for perception than information access, and these threaten to make the costs of access irrelevant. If this is right, it undermines a core computational motivation for encapsulation and sends us back to the drawing board for explanations of perceptual tractability. (shrink)

This paper examines a recent, influential argument for individualism in psychology defended by Jerry Fodor and others, what I call the argument from causal powers. I argue that this argument equivocates on the crucial notion of "causal powers", and that this equivocation constitutes a deep problem for arguments of this type. Relational and individualistic taxonomies are incompatible, and it does not seem in general to be possible to factor the former into the latter. The distinction between powers and properties plays (...) a central role in my argument. (shrink)

This paper is a critical discussion of John Dupré's recent defence of promiscuous realism in Part 1 of his The Disorder of Things: Metaphysical Foundations of the Disunity of Science. It also discusses some more general issues in the philosophy of biology and science. Dupré's chief strategy of argumentation appeals to debates within the philosophy of biology, all of which concern the nature of species. While the strategy is well motivated, I argue that Dupré's challenge to essentialist and unificationist views (...) about natural kinds is not successful. One conclusion is that an integrative conception of species is a real alternative to Dupré's pluralism. (shrink)

The provision of a marriage right is a distinctive aspect of Kant ’s political philosophy and seems, initially, difficult to reconcile with the general concern with ensuring external freedom of action apparent in the universal principle of Right and the sole innate right said to follow from this principle. I claim that this provision can be regarded as consistent with this general focus and that Kant ’s treatment of issue suggests an interesting secular argument for the institution of marriage.

My topic in this paper is the relationships of metaphysical priority which might hold between the different alethic modal statuses—necessity, contingency, possibility and impossibility. In particular, I am interested in exploring the view that the necessity of necessities is ungrounded while the contingency of contingencies is grounded—a scenario I call ‘necessity first’. I will explicate and scrutinize the contrast between necessity first and its ‘contingency first’ contrary, and then compare both views with ‘multimodal’ and ‘amodal’ alternatives, drawing on David Lewis’s (...) modal realism and Barbara Vetter’s potentialism as example cases. I will then defend the necessity-first point of view from a reversed version of Blackburn’s classic dilemma against theories of the source of necessity. (shrink)

The first half of this review article on Locke on primary and secondary qualities leads up to a fairly straightforward reading of what Locke says about the distinction in Essay II.viii, one that, in its general outlines, represents a sympathetic understanding of Locke’s discussion. The second half of the paper turns to consider a few of the ways in which interpreting Locke on primary and secondary qualities has proven more complicated. Here we take up what is sometimes called the Berkeleyan (...) interpretation of Locke, the understanding of Locke’s resemblance thesis, and Locke’s views of qualities and their relationship to powers. (shrink)

Individual organisms are obvious enough kinds of things to have been taken for granted as the entities that have many commonly attributed biological and psychological properties, both in common sense and in science. The sorts of morphological properties used by the folk to categorize individual animals and plants into common sense kinds (that's a dog; that's a rose), as well as the properties that feature as parts of phenotypes, are properties of individual organisms. And psychological properties, such as believing that (...) taxes are too low, and remembering the last seven digits you read in the phone book, are likewise properties of individual organisms. (shrink)

This paper uses an extended discussion of Nietzsche’s essay “The Greek State” to uncover the political aspects of his early thinking. The paper builds on a similar discussion of another essay from the same period, “Homer on Competition,” in arguing that Nietzsche’s thinking is based on a confrontation with the work of Plato. It is argued that the key to understanding “The Greek State” is seeing it, in its entirety, as an enigmatic interpretation and re-writing of Plato’s Republic. Nietzsche interprets (...) the Republic as Plato’s accomplishment of the task of the genuine philosopher: the legislation of values and the moulding of human character. (shrink)

In this essay I show that Kant intended his anthropology lectures and book, Anthropology from a Pragmatic Point of View, to be a Klugheitslehre (theory of prudence). The essay draws on many quotes from these sources to show that Kant wanted to develop a theory of how to use other people for one’s own ends. Although so much of the lectures and book are in conversation with Baumgarten’s empirical psychology, there are enough references to Klugheit (prudence) and klug (clever) action (...) to support this thesis. Prudence is a skill that human beings should develop and hence is not excluded from human life even though it is not the basis of morality. The purpose of Klugheit is to achieve happiness but the means to that happiness involves using other people for one’s own ends. In order to use others as a means to one’s own ends, a person must in someway satisfy the inclinations of the other person so that they cooperate in one’s ends. However it is also possible to dominate another person and use them as well if they are dominated by a passion but this is not prudent since it does not achieve happiness except in the case of a husband and wife. Kant’s distinction between Weltklugheit and Privatklugheit also appears to be confirmed in that he advances the idea that sociable means of gaining the cooperation of others (Privatklugheit) leads to the lasting happiness of a person and to the development of civilization. (shrink)

What explains the outcomes of chance processes? We claim that their setups do. Chances, we think, mediate these explanations of outcome by setup but do not feature in them. Facts about chances do feature in explanations of a different kind: higher-order explanations, which explain how and why setups explain their outcomes. In this paper, we elucidate this 'mediator view' of chancy explanation and defend it from a series of objections. We then show how it changes the playing field in four (...) metaphysical disputes concerning chance. First, it makes it more plausible that even low chances can have explanatory power. Second, it undercuts a circularity objection against reductionist theories of chance. Third, it redirects the debate about a prominent argument against epistemic theories of chance. Finally, it sheds light on potential chancy explanations of the Universe's origin. (shrink)

This is an introductory article on sociobiology, particularly its relationship to eugenics. Sociobiology developed in the 1960s as a field within evolutionary biology to explain human social traits and behaviours. Although sociobiology has few direct connections to eugenics, it shares eugenics’ optimistic enthusiasm for extending biological science into the human domain, often with reckless sensationalism. Sociobiology's critics have argued that sociobiology also propagates a kind of genetic determinism and represents the zealous misapplication of science beyond its proper reach that characterized (...) the eugenics movement. More recently, evolutionary psychology represents a sophistication of sociobiology that attends to the mind as the "missing link" between evolution and behaviour (Cosmides and Tooby 1992, Pinker 1997). (shrink)

For Hegel, personhood is developed primarily through the possession, ownership, and exchange of property. Property is crucial for individuals to experience freedom as persons and for the existence of Sittlichkeit, or ethical life within a community. The free exchange of property serves to develop individual personalities by mediating our intersubjectivity between one another, whereby we share another’s subjective experience of the object by recognizing their will in it and respecting their ownership of it. This free exchange is grounded the abstract (...) right to property which is defined by the liberal institution of private property. Like all legal/juridical rights, the abstract property right and its related institution are productions of the state, which can also claim priority over them. This prioritization reveals the dialectic inherent in the both the conception and exercise of the right, in which the private right to property at the level of civil society confronts the public right of the state, resulting in both the preservation and uplifting of the right, and, at the same time, its cancellation or annihilation. (shrink)

Han Feizi’s criticisms of Confucian and Mohist political recommendations are often thought to involve materialist or historicist arguments, independently of their epistemological features. Drawing largely on Amia Srinivasan’s recent taxonomy of genealogical arguments, this paper proposes a genealogical reading of passages in “The Five Vermin [五蠹 wudu]” and “Eminence in Learning [顯學 xianxue].” This reveals Han Feizi’s arguments to be more comprehensively appreciated as problematizing Confucian and Mohist political judgments as arising from undermining contingencies, rendering them irrelevant, if not detrimental, (...) to any lasting excellence of a state. In doing this, it is also suggested that there is a ‘master argument’ underlying Han Feizi’s criticisms, according to which the epistemology of the Confucians and Mohists are fundamentally unreliable. (shrink)

Genes and the Agents of Life undertakes to rethink the place of the individual in the biological sciences, drawing parallels with the cognitive and social sciences. Genes, organisms, and species are all agents of life but how are each of these conceptualized within genetics, developmental biology, evolutionary biology, and systematics? The 2005 book includes highly accessible discussions of genetic encoding, species and natural kinds, and pluralism above the levels of selection, drawing on work from across the biological sciences. The book (...) is a companion to the author's Boundaries of the Mind (2004), also available from Cambridge, where the focus is the cognitive sciences. The book will appeal to a broad range of professionals and students in philosophy, biology, and the history of science. You can download the table of contents and the first chapter here. (shrink)

In her influential book, The Practice of Moral Judgment, Barbara Herman argues that Kantian ethics requires a “middle theory” applying formal rational constraints on willing to the particular circumstances and nature of human existence. I claim that a promising beginning to such a theory can be found in Kant’s discussion of duties of virtue in The Metaphysics of Morals. I argue that Kant’s distinction between perfect and imperfect duties of virtue should be understood as a distinction between duties concerned with (...) respect for necessary conditions of moral health and moral prosperity in sensibly affected human agents who realize their moral nature only through the development and continuing exercise of inner freedom. Thus understood, perfect duties prohibiting self-deception, miserly avarice, and humility are oriented around concerns with the conditions of rational self-constraint in human agents and are contrasted with imperfect duties requiring the development of our talents and the perfection of our moral disposition concerned with the effective exercise of this kind of inner freedom in choice and action. Generalizing this account, I claim that it allows us to accommodate the range of duties that Kant discusses here including perfect duties owed to others prohibiting arrogance, defamation, and ridicule and imperfect duties enjoining gratitude and beneficence and suggests a much more subtle and promising account of moral duty than those typically associated with Kant’s view. (shrink)

This paper points to some problems for the position that D.M. Walsh calls "alternative individualism," and argues that in defending this view Walsh has omitted an important part of what separates individualists and externalists in psychology. Walsh's example of Hox gene complexes is discussed in detail to show why some sort of externalism about scientific taxonomy more generally is a more plausible view than any extant version of individualism.

A discussion of Sosa's Knowing Full Well. The authors focus on the understood place and significance of animal and reflective knowledge.

Alberto Casullo ("Necessity, Certainty, and the A Priori", Canadian Journal of Philosophy 18, 1988) argues that arithmetical propositions could be disconfirmed by appeal to an invented scenario, wherein our standard counting procedures indicate that 2 + 2 != 4. Our best response to such a scenario would be, Casullo suggests, to accept the results of the counting procedures, and give up standard arithmetic. While Casullo's scenario avoids arguments against previous "disconfirming" scenarios, it founders on the assumption, common to scenario and (...) response, that arithmetic might be independent of standard counting procedures. Here I show, by attention to tallying as the simplest form of counting, that this assumption is incoherent: given standard counting procedures, then (on pain of irrationality) arithmetical theory follows. (shrink)

Daniel Dennett has offered a set of necessary and sufficient conditions for something's being the proper object of our moral commitment, that is, for something's being a person. Strict application of these largely pragmatic conditions, however, would result in a moral community with quite a surprising membership roster, because of both who is on it and who isn't. The problem is that "your" being a person should amount to more than a function of "my" goals and cleverness.

RESUMO: As novas tecnologias revolucionaram tanto as relações humanas quanto as formas de exploração. Com o uso massivo e a dependência das redes sociais, muitas pessoas descobriram fontes de ganhos fnanceiros a partir da exposição da imagem, seja da sua ou de outrem. Nesse cenário, a intimidade de centenas de crianças é exposta por seus pais ou responsáveis em troca de audiência, fama e recursos fnanceiros. Partindo dessa problemática, o presente artigo investiga os impactos do trabalho infantil mediante a exploração (...) da imagem e da intimidade da criança nas plataformas digitais. Por se tratar de uma nova modalidade de produção abundante de artistas mirins, suas consequências têm impactado a atual geração, sobretudo na saúde biopsicossocial. -/- PALAVRAS-CHAVE: Trabalho Infantil. Exposição Virtual. Exploração da Imagem. Redes Sociais. -/- ABSTRACT: New technologies have revolutionized both human relationships and forms of exploitation. With the massive use and dependence on social networks, many people have discovered sources of fnancial gain from the exposure of the image, whether theirs or someone else’s. In this scenario, the intimacy of hundreds of children is exposed by their parents or guardians in exchange for audience, fame and fnancial gain. Based on this problem, this article investigates the impacts of child labor through the exploitation of the image and intimacy of the child on digital platforms. As it is a new modality of abundant production of child artists, its consequences have impacted the current generation, especially in biopsychosocial health. -/- KEYWORDS: Child Labor. Virtual Exposure. Image Exploitation. Social networks. (shrink)

RESUMO Versa o presente artigo sobre a regulação do linchamento no Direito Romano do período antigo, em especial sobre o artigo 9º da Tábua III das Leis das XII Tábuas. A partir de uma metodologia de análise qualitativa, revisão bibliográfica e interpretação textual, os autores objetivam ampliar a visão tradicional sobre o linchamento, compreendendo a institucionalização de sua prática no Direito Romano e sua função no contexto de formação da cultura jurídica do período antigo. A hipótese de trabalho é a (...) de que o artigo 9º da Tábua III das Leis das XII Tábuas apresenta, historicamente, uma forma de punição intermediária entre a linchamento popular extralegal e a pena criminal prevista em lei. Do ponto de vista jurídico-antropológico, a comprovação da hipótese permitiria concluir a ideia de que a pena praticada na antiguidade é uma evolução do controle social informal da violência. Palavras-chave: Linchamento; Direito Romano; XII Tábuas; Pena criminal. ABSTRACT The following paper is about the lynching regulation in Roman law in Ancient Era, especially in what comes about the article 9 of Table Three from Twelve Tables. Making use of a methodology based in qualitative analisys, literature review and interpretation, the auctor aim to expande the traditional view about lynching, understanding the institutionalization of their practice in Roman Law and it’s function in the legal culture in Ancient Era. The working hipothesis is that the article 9 of Table Three of Twelve Tables presents, in a historical context, a intermediate form of punishment between extralegal collective lynching and criminal penalty provided by law. From a legal-anthropological point of view, the proof of the hypothesis would allow us to conclude the idea that the penalty practiced in antiquity is an evolution of informal social control of violence. Keywords: Lynching; Roman Law; Twelve Tables; Criminal Penalty. (shrink)

This letter was submitted to the Senate Standing Committee on Legal and Constitutional Affairs, Government of Canada, on 29th January, 2021, as final debate over Bill C-7 was being undertaken in the Senate regarding MAiD and the strong opposition to the legislation expressed across the Canadian disability community. It draws on our individual and joint work on eugenics, well-being, and disability.

St. Thomas’s Third Way to prove the existence of God, “Of Possibility and Necessity” (ST 1, q.2, art. 3, response) is one of the most controverted passages in the entire Thomistic corpus. The central point of dispute is that if there were only possible beings, each at some time would cease to exist and, therefore, at some point in time nothing would exist, and because something cannot come from nothing, in such an eventuality, nothing would exist now—a reductio ad absurdum (...) conclusion. Therefore, at least one necessary being must exist. Generations of critics and defenders have contended over St. Thomas’s proof. This article argues that the principle of pros hen analogy is implicit in the Third Way and that once identified explains the ontological dependency of possible beings, as secondary analogates, on the first necessary being, as primary analogate. Thus, without the necessary being as primary analogate, possible beings simply could not exist. The fact that they do exist is evidence for the existence of the necessary being. St. Thomas makes synthesizes the principle of pros hen analogy, as found in Aristotle’s Metaphysics, with the Neoplatonic principle of participation. Aristotle develops pros hen analogy in contradistinction to univocal and equivocal predication as well as to genus in Metaphysics 4.2, 11.3, 12.3-5. Since Scotus and re-enforced by modern analytic logic, philosophers have almost universally regarded any kind of analogical predication as a sub-category of equivocal predication and, thus, implicitly occlude the possibility of considering pros hen analogy in their readings of the Third Way. Distinction of per se and per accidens infinite regress and of radical and natural contingency are also central to understanding the Third Way. While resolving apparent problems in the Third Way, the article also seeks to rehabilitate the doctrine of pros hen analogy as a basic principle in Thomistic and, indeed, Aristotelian metaphysics. (shrink)

Shun Kwong-loi argues that the distinction between first- and third-person points of view does not play as explanatory a role in our moral psychology as has been supposed by contemporary philosophical discussions. He draws insightfully from the Confucian tradition to better elucidate our everyday experiences of moral emotions, arguing that it offers an alternative and more faithful perspective on our experiences of anger and compassion. However, unlike the distinction between first- and third-person points of view, Shun’s descriptions of anger and (...) compassion leave unarticulated what would be necessary to differentiate these responses from non-moral responses. Here, I make a friendly suggestion on how this explanatory gap might be filled, providing complementary grounding for Shun’s observations by way of K. C. Bhattacharyya’s phenomenological analysis of feeling. It fills the gap by means of a gradation in the possible depth of emotional responses found in the a priori structure of a feeling experience for any subject. The payoff of such a comparison between Shun’s explication of Confucian moral psychology and Bhattacharyya’s explication of rasa theory is not only a possible phenomenological grounding for the former but also a potential way to articulate a missing ethics in Bhattacharyya’s thought. (shrink)

Dominant views of personal identity in philosophy take some kind of psychological continuity or connectedness over time to be criterial for the identity of a person over time. Such views assign psychological states, particularly those necessary for narrative memory of some kind, special importance in thinking about the nature of persons. The extended mind thesis, which has generated much recent discussion in the philosophy of mind and cognitive science, holds that a person’s psychological states can physically extend beyond that person’s (...) body. Since “person” is a term of both metaphysical and moral significance, and discussions of both extended minds and personal identity have often focused on memory, this article explores the relevance of extended cognition for the identity of persons with special attention to neuroethics and memory. (shrink)

Drawing on an analysis of the distinction between perfect and imperfect duties suggested by The Metaphysics of Morals, I argue that Kant’s Categorical Imperative (CI) requires that maxims be universalizable in the sense that they can be regarded as universal laws consistent with the integrity and effective exercise of rational agency. This account, I claim, has a number of advantages over Korsgaard’s practical contradic-tion interpretation of the CI both in terms of the criteria of assessment that Korsgaard uses and in (...) those of broader textual considerations. (shrink)

Who is recognised as a philosopher and what counts as philosophy influence both the content of a philosophical education and academic philosophy’s continuing demographic skew. The “philosophical who” and the “philosophical what” themselves are a partial function of matters that have been passed over in collective silence, even if that now feels to some like a silence belonging to the distant past. This paper discusses some philosophical silences regarding race, gender, and disability in the context of reflection on philosophical education (...) and on philosophical practice in the public sphere. It focuses on Charles Mills’ writings on race, Susan Babbitt’s on race and gender, and on more collaboratively-generated work on eugenics and disability. (shrink)

The pandemic significantly raised the stakes for the translation of bioethics insights into policy. The novelty, range and sheer quantity of the ethical problems that needed to be addressed urgently within public policy were unprecedented and required high‐bandwidth two‐way transfer of insights between academic bioethics and policy. Countries such as the United Kingdom, which do not have a National Ethics Committee, faced particular challenges in how to facilitate this. This paper takes as a case study the brief career of the (...) Ethics Advisory Board (EAB) for the NHS Covid‐19 App, which shows both the difficulty and the political complexity of policy‐relevant bioethics in a pandemic and how this was exacerbated by the transience and informality of the structures through which ethics advice was delivered. It analyses how and why, after EAB's demise, the Westminster government increasingly sought to either take its ethics advice in private or to evade ethical scrutiny of its policies altogether. In reflecting on EAB, and these later ethics advice contexts, the article provides a novel framework for analysing ethics advice within democracies, defining four idealised stances: the pure ethicist, the advocate, the ethics arbiter and the critical friend. (shrink)

The sublime (das Erhabene) in Kant is a feeling that elevates (erhebt)! the soul and results in an aesthetic judgment. While aesthetic judgments of beauty involve a feeling of pure pleasure (Lust), aesthetic judgments of the sublime rest on a feeling of pleasure and displeasure (Lust und Unlust) at the same moment. Kant describes the sublime at one point rather paradoxically as involving a" negative pleasure"(Critique 0/Judgment, Ak. V: 245). 2 The feeling of the sublime is brought about by experiences (...) where one has a sense of the infinity (Unendlichkeit) of nature. This sense of infinity can be brought about by the sheer size (Grofle) of an object. Kant would call this a feeling of the mathematically sublime. A mountain so large that one cannot take it in at a single glance causes a feeling of the mathematically sublime. One gets a different sense of the infinity of 'Kant's deliberate connection of the noun for the sublime. (shrink)

In On the Plurality of Worlds (Lewis 1986), David Lewis imposes a condition on realist theories of modality which he calls ‘plenitude’. Lewis apparently assigns this condition considerable importance, and uses it to motivate his Humean principle of recombination, but he never says exactly what plenitude amounts to. This chapter first sets aside some obvious ways of reconstructing the plenitude criterion which do not fit with the textual evidence. An objection to modal realism due to John Divers and Joseph Melia (...) (Divers and Melia 2002) is diagnosed as equivocating between an overly-demanding plenitude constraint and a weaker constraint which fails to establish their conclusion. An alternative deflationary interpretation of the plenitude condition has it following from an application of standard theoretical virtues to a modal realist’s total theory; Lewis’ correspondence provides new evidence in support of this interpretation. The deflationary plenitude criterion also has broader application, beyond Lewisian modal realism. (shrink)

These comments are part of a book symposium on Karen Bennett's book, _Making Things Up_.

Invited commentary on Nicole A. Vincent and Emma A. Jane, “Interrogating Incongruence: Conceptual and Normative Problems with ICD-11’s and DSM-5’s Diagnostic Categories for Transgender People” Australasian Philosophical Review, in press. -/- The core of Vincent and Jane’s Interrogating Incongruence is critical of the appeal to the concept of incongruence in DSM-5 and ICD-11 characterisations of trans people, a critique taken to be ground-clearing for more trans-positive, psychiatrically-infused medical interventions. I concur with Vincent and Jane’s ultimate goals but depart from the (...) view developed in the paper on two fronts. The first is that I remain sceptical about the overall prospects for truly trans-positive psychiatry. Trans should follow homosexuality and other categories of sexual orientation that have been abandoned rather than reformed as constituents of psychiatric diagnosis and categorisation. The second is that I think that the authors’ central criticisms of the appeal to incongruence are misplaced. (shrink)