This article explores the Nuffield Council on Bioethics’ recent report about non-invasive prenatal testing. Given that such testing is likely to become the norm, it is important to question whether there should be some ethical parameters regarding its use. The article engages with the viewpoints of Jeff McMahan, Julian Savulescu, Stephen Wilkinson and other commentators on prenatal ethics. The authors argue that there are a variety of moral considerations that legitimately play a significant role with regard to (prospective) parental decision-making (...) in the context of NIPT, for example, views on the morality of abortion and understandings of the impact of disability on quality of life. The variable nature of such considerations, both singularly and combined, suggests that any approach to NIPT should be sensitive to and understanding of similarly variable parental assessments and decisions. The implications of the approach developed for current and future policies in this area are explored, along with the impact of such arguments on ideas about procreative beneficence. (shrink)

Following the philosophy of embodiment of Merleau-Ponty, Jonas and others, enactivism is a pivot point from which various areas of science can be brought into a fruitful dialogue about the nature of subjectivity. In this chapter we present the enactive conception of agency, which, in contrast to current mainstream theories of agency, is deeply and strongly embodied. In line with this thinking we argue that anything that ought to be considered a genuine agent is a biologically embodied (even if distributed) (...) agent, and that this embodiment must be affectively lived. However, we also consider that such an affective agent is not necessarily also an agent imbued with an explicit sense of subjectivity. To support this contention we outline the interoceptive foundation of basic agency and argue that there is a qualitative difference in the phenomenology of agency when it is instantiated in organisms which, due to their complexity and size, require a nervous system to underpin their physiological and sensorimotor processes. We argue that this interoceptively grounded agency not only entails affectivity but also forms the necessary basis for subjectivity. (shrink)

I claim that the significance of comic works to influence our attitudes is limited by the conditions under which we find things funny. I argue that we can only find something funny if we regard it as norm-violating in a way that doesn’t make certain cognitive or pragmatic demands upon us. It is compatible with these conditions that humour reinforces our attitude that something is norm-violating. However, it is not compatible with these conditions that, on the basis of finding it (...) funny, we come to reject some existing attitude. Such a rejection would require that we recognize our attitude as norm-violating in a way that has pragmatic force. Thus if a humorous work reveals the absurdity of something, we can either find it funny and not have our attitudes significantly influenced, or else be significantly influenced but not find it funny. (shrink)

In this paper I argue that no state should legalise euthanasia, either voluntary or non-voluntary. I begin by outlining three political arguments against such legalisation, by Russell Hittinger, Elizabeth Anscombe and David Novak. Each concludes, on different grounds, that legalised euthanasia fatally erodes the role and authority of the state. Although correct in their conclusion, the arguments they provide are deficient. To fill this gap, I elaborate what I call a ‘fourfold dialectic’ between autonomy and compassion, the two central motivations (...) for legalising euthanasia. I show that these motivations systematically and progressively undermine each other, yielding a situation where individual autonomy and doctors’ duty of care are effectively eviscerated. It follows that state authority, which depends on upholding both of these, is itself eviscerated. In this way, the conclusion of the political arguments above finally finds demonstrative support. (shrink)

“Emergence” – the notion of novel, unpredictable and irreducible properties developing out of complex organisational entities – is itself a complex, multi-dimensional concept. To date there is no single, generally agreed upon “theory of emergence”, but instead a number of different approaches and perspectives. Neither is there a common conceptual or meta-theoretical framework by which to systematically identify, exemplify and compare different “theories”. Building upon earlier work done by sociologist Kenneth Bailey, this article presents a method for creating such a (...) framework, and outlines the conditions for a collaborative effort in order to carry out such a task. A brief historical and theoretical background is given both to the concept of “emergence” and to the non-quantified modelling method General Morphological Analysis (GMA). (shrink)

Tom Regan argues that human beings and some non-human animals have moral rights because they are “subjects of lives,” that is, roughly, conscious, sentient beings with an experiential welfare. A prominent critic, Carl Cohen, objects: he argues that only moral agents have rights and so animals, since they are not moral agents, lack rights. An objection to Cohen’s argument is that his theory of rights seems to imply that human beings who are not moral agents have no moral rights, but (...) since these human beings have rights, his theory of rights is false, and so he fails to show that animals lack rights. Cohen responds that this objection fails because human beings who are not moral agents nevertheless are the “kind” of beings who are moral agents and so have rights, but animals are not that “kind” of being and so lack rights. Regan argues that Cohen’s “kind” arguments fail: they fail to explain why human beings who are not moral agents have rights and they fail to show that animals lack rights. Since Cohen’s “kind” arguments are influential, I review and critique Regan’s objections . I offer suggestions for stronger responses to arguments like Cohen’s. (shrink)

Tom Stoppard’s 1966 play (and 1990 movie) /Rosencrantz and Guildenstern are Dead/ is a metatext – as a text, it interprets, builds upon, and refers to another text, Shakespeare’s Hamlet. Similarly, David N. Reznick’s /The Origin then and now: An interpretative guide to the Origin of Species/ (Princeton UP, 2010) is also a metatext. In this review, I turn to the history of science to evaluate whether Reznick’s book shares three families of virtues with Stoppard’s play: (i) brevity and (...) precision, (ii) intrigue and appeal, and (iii) a genuine value-add to the original. (shrink)

For the past thirty years, the late Tom Regan bucked the trend among secular animal rights philosophers and spoke patiently and persistently to the best angels of religious ethics in a stream of publications that enjoins religious scholars, clergy, and lay people alike to rediscover the resources within their traditions for articulating and living out an animal ethics that is more consistent with their professed values of love, mercy, and justice. My aim in this article is to showcase some of (...) the wealth of insight offered in this important but under-utilized archive of Regan’s work to those of us, religious or otherwise, who wish to challenge audiences of faith to think and do better by animals. (shrink)

Tom Regan's seafaring dog that is justifiably thrown out of the lifeboat built for four to save the lives of four humans has been the topic of much discussion. Critics have argued in a variety of ways that this dog nips at Regan's Achilles heel. Without reviewing previous discussions, with much of which I certainly agree, this article develops an unexplored approach to exposing the vulnerability of the position that Regan takes on sacrificing the dog to save the humans. It (...) argues that when dealing with the seafaring dog, Regan abandons his own principles, and that this is exactly what he should do. Regan should abandon his view that all subjects-of-a-life have equal inherent worth. (shrink)

Charlie Croker, a self-made real estate tycoon, ex-Georgia Tech football star, horseback rider, quail-hunter, snakecatcher, and good old boy from Baker county Georgia, is the protagonist in Tom Wolfe’s latest novel, the deliciously provocative A Man in Full (New York: Farrar Straus Giroux, 1998).  In this article I examine the evolving conception of manhood in Wolfe’s novel.  Two different models of manliness will be delineated and compared. The first model—represented by Charlie Croker—gradually weakens and is replaced by the (...) second model—represented by Conrad Hensley. My aim is to show how Stoicism serves to critique the first model and articulate the second.  Stoicism, I argue, provides the deliverance of both Hensley and his convert Croker, while at the same time transforming the conception of manliness explored in A Man in Full. (shrink)

Sutton's review of Renaissance Magic and the Return of the Golden Age.

This is the English translation (with a brief introduction and relatively detailed commentary) of a long excerpt from Mikhail Bakhtin's notes titled "Additions and changes to Rabelais", written in the mid-1940s with reworking his then unpublished manuscript on François Rabelais in mind. This excerpt is most notable for being the only extant text in which Bakhtin discusses and analyses Shakespear's tragedies at relative length—a discussion interesting not only as a reading of Shakespeare, but also as an unusual and revealing (...) example of Bakhtin's thought. In addition to Shakespeare, the text deals briefly with Dostoevsky's novels and with Goethe's Faust, as well as with several themes Bakhtin develops in his better-known works, such as Menippean satire, seriousness, and laughter. (shrink)

Wittgenstein's lack of sympathy for Shakespeare's works has been well noted by George Steiner and Harold Bloom among others. Wittgenstein writes in 1950, for instance: "It seems to me as though his pieces are, as it were, enormous sketches, not paintings; as though they were dashed off by someone who could permit himself anything, so to speak. And I understand how someone may admire this & call it supreme art, but I don't like it." Of course, the animosity of (...) one great mind for another has its own interest. But the interest here is increased by two factors: (1) Wittgenstein's brief but specific critique of Shakespeare's similes, of interest particularly since he identifies his own philosophical strength half-deprecatingly but still seriously as one of crafting beautiful similes; and (2) Wittgenstein's and Shakespeare's shared concern, as revealed in Stanley Cavell's writings, with the human impulse to skepticism. The present paper considers the importance of these two factors in weighing Wittgenstein's judgment. It suggests that Wittgenstein's frequent charge that Shakespeare is "completely unrealistic" is not a misunderstanding of the Bard (Wittgenstein distinguishes his "failure to understand" from others' willingness to misunderstand Shakespeare) but rather an expression of Wittgenstein's anxiety over Shakespeare's wholly original use of language to represent the sound of the raw motives to skepticism. (shrink)

Book review of Tom Rockmore's "Kant & Phenomenology," which appeared in "Review of Metaphysics" in 2011.

On A Complete Self Analysis; Let angels judge it..

"But he that filches from me my good name Robs me of that which not enriches him, And makes me poor indeed." (Othello) -/- ( http://philpapers.org/profile/112741 ).

For students and the general reader, this is the best English translation of the entire 'Laws' available. I give several examples of important lines that are translated well in this edition, but I take issue with the translation of some other lines and with part of Schofield's introduction on grounds that these parts do not reveal Plato's political and cosmic holism as clearly as they could have.

The events of September 11, 2001, have challenged many disciplines and professions, but have they really engendered a philosophical challenge? The title of this book suggests they have, and if so one would expect its contribution to show how the violence perpetrated that day and in its aftermath has challenged philosophy. In fact, few of the otherwise interesting essays do this very clearly.

Michael Ryan's Literary Theory: A Practical Introduction, Second Edition introduces students to the full range of contemporary approaches to the study of literature and culture, from Formalism, Structuralism, and Historicism to Ethnic Studies, Gender Studies, and Global English. Introduces readings from a variety of theoretical perspectives, on classic literary texts. Demonstrates how the varying perspectives on texts can lead to different interpretations of the same work. Contains an accessible account of different theoretical approaches An ideal resource for use in introductory (...) courses on literary theory and criticism. Designed to function both as a stand-alone text and a companion to Rivkin and Ryan’s Literary Theory: An Anthology, Second Edition. (shrink)

Harm is a concept in philosophy that has been able to elude definition. Many attempts have been made to formulate a definition of harm, however they have all been futile. This has led many to question if it is even possible to define harm, or if we really even need a definition of harm? My answer to both of these questions is yes, harm is something that is worth caring about and has many practical implications in society today. The theories (...) of harm that have been the closest thus far have been comparative accounts of harm, which compare different states of the agent undergoing the harm. The most common of these comparative accounts has been the counterfactual comparative account of harm. This approach has faced many problems like preemption, overdetermination, and omission. I argue the comparative account of harm is correct, but the wrong comparison is being made. Instead of a counterfactual comparison we should make a temporal comparison, and evaluate whether or not the agent has become worse off than he or she was before the harming event occurred. First I will use Bradley’s model to sketch a brief definition checklist of harm. I will then briefly evaluate a general counterfactual theory of harm and illustrate why it falls short. Next I will pose the temporal comparative account of harm , and explain how it gets around the counterexamples that tripped up the counterfactual approach. Finally I will present some objections to TCA, and try to respond to them. (shrink)

This article seeks to explore the different strategies the Bard uses in order to evoke sympathy in the reader for Macbeth who is so persistent in the path of evil. What strategy does Shakespeare use in order to provoke such a deep emotional response from his readers? By using paradoxes in the play, the Bard creates a world of illusion, fear and wild imagination. The paradoxical world in Macbeth startles us into marvel and fear, challenges our commonly held opinions, (...) and reshapes our thought in the process (Platt 8). As the text involves the reader in the formation of illusion and the simultaneous formation of the means whereby the illusion is punctured, “reading reflects the process by which we gain experience. Once the reader is entangled, his own preconceptions are continually overtaken so that the text becomes his present while his own ideas fade into the past. As soon as it happens, he is open to the immediate experience of the text” (Iser, The Implied Reader 290). Mesmerised by Macbeth’s powerful imagination and poetic language, the reader engages in a dialogical interaction with the play and eventually finds light in the murky world of the text. Regardless of Macbeth’s diabolical world, the reader ventures into it, shares it with him and ultimately wakes up from its dizzying stupor. In reading Macbeth, the reader leaves behind the familiar world of his experience in order to participate in the adventure the text offers him. The edifying effect of the tragedy in the end is the reward the reader reaps after eventually waking up from the nightmarish dream of the text. (shrink)

In this article, I seek to make sense of the oft-invoked idea of 'public emergency' and of some of its (supposedly) radical moral implications. I challenge controversial claims by Tom Sorell, Michael Walzer, and Giorgio Agamben, and argue for a more discriminating understanding of the category and its moral force.

In ‘A reductio of coherentism’ (Analysis 67, 2007) Tom Stoneham offers a novel argument against epistemological coherentism. ‘On the face of it’, he writes, ‘the argument gives a conclusive reductio ad absurdum of any coherence theory of justification. But that cannot be right, can it?’ (p. 254). It could be right, but it isn’t. I argue that coherentists need not accept the central premises of Stoneham’s argument and that, even if these premises were acceptable and true, Stoneham’s reductio would not (...) follow. (shrink)

Analytic philosophers have a tendency to forget that they are human beings, and one of the reasons that P. F. Strawson’s 1962 essay, “Freedom and Resentment”, has been so influential is that it promises to bring discussions of moral responsibility back down to earth. Strawson encouraged us to “keep before our minds...what it is actually like to be involved in ordinary interpersonal relationships”, which is, after all, the context in which questions about responsibility arise in the first place. In this (...) essay I explore what we can learn about ordinary interpersonal relationships from three works of literature – Shakespeare’s King Lear, Jane Austen’s Persuasion, and Graham Greene’s The End of the Affair. My intention is to try to heed Strawson’s advice without imposing upon the data any particular theoretical agenda, and my hope is that the data collected will prove useful for future theorizing about responsibility. (shrink)

This article explores the contradictory nature of the ghost in Hamlet and shows how Shakespeare seeks to manipulate the reader’s response in Hamlet by using contradictions and ambiguities. The article also explores the ways in which the reader responds to these contradictions and reconstructs a palpable world in the impalpable world of the text. These contradictions compel the reader to participate in the composition of the text and make him keep changing his own approach to the work with the (...) result that the more he reads the play, the deeper he finds himself entrenched in contradictions. As he fails to grasp the logic of events, the reader relates his own world to the text instead of relating the events of the text to his world and recreates his own world. Therefore, he can easily detach himself from the text and let his imagination run loose as the play proves too vague for him to comprehend. In reading Hamlet, the imagination runs wild and travels far beyond the text to an extent where the reader perceives things, which stand not within but utterly outside the text. Eventually, the reality achieved by the reader in the course of reading the play is only the reality which dwells in the innermost recesses of his mind. (shrink)

A common view of nonhuman animals is that they lack rights because they lack conscious control over themselves. Two thoughts put pressure on this view. First, we recognize the rights of radically cognitively limited humans even though they lack conscious control over themselves. So it would seem mere prejudice to deny rights to nonhuman mammals on the grounds that animals lack autonomy. Tom Regan has been the most eloquent, powerful, and resolute defender of this thought. Second, evidence is growing that (...) healthy adults exercise non-conscious control over themselves most of the time. To deny rights to animals on the grounds that they can only exercise non-conscious control over themselves while affirming the rights of humans who similarly exercise non-conscious control over themselves most of the time also seems prejudicial. Notice that whereas the first thought compares animals to neurally diverse, cognitively challenged humans the second thought compares animals to typically developing, normal humans. In this paper I argue that accumulating empirical data lend increasing support to the second thought. (shrink)

Transformations are not only conditioned by facts encompassing narrower or wider panoramas: from concentrating on death and one (political) role (the ode of Horace), through recalling Cleopatra’s mature life and love (the drama of Shakespeare), to creating an image embracing the heroine’s whole life with its numerous roles, but as a mother and a daughter in the first place, because even her lovers resemble a father and a child (the fictional biography of Karen Essex). Above all, they appear to (...) be more connected with different attitudes towards universal references lying within human cognitive abilities. Horace’s didactic opposition of contradictory patterns leads to the victory of one of them — and it is a linear pattern, as an equivalent of modern myth, which is accepted by the author himself. In Shakespeare, it takes a form of tragedy resulting from the fragmentary character of each pattern, one of which introduces change (archaic myth) and the other constancy (modern myth), and from a painful attempt to combine them. In Essex, the vision of the world in which archaic myth, strongly represented by a child, triumphs is utopian. Irrespective of the differences, all the works realize the essential role played by images developed by heroes, and especially by authors, in human cognition. (shrink)

This contribution addresses issues of interpretation and translation in Derrida’s reading of Shakespeare’s Merchant of Venice in relation to the supposed opposition of the letter and the spirit of the law. Rather than supporting a supersession of the law’s letter in favor of its spirit and advocating a sublation of the law by means of mercy, as a traditional reading suggests, this essay’s reading of Shakespeare’s play suggests that it deconstructs the underlying opposition. By linking the insistence on (...) “the letter of the law” not to a kind of literalism or blind compliance with the law, but instead to an insistence on the textuality of the law, such a reading elucidates the law’s need for interpretation and highlights how the attempt to surpass the letter of the law involves a threat of a fundamental injustice. (shrink)

My essay is a first analysis of the fundaments of the animal ethics. Reflections contained in the studies of Tom Regan, of Peter Singer, of Gary Francione are examined in order to present positions which – despite the differences existing between each other – are in favour of the extension of (at least) some rights to (at least) some kinds of animals. I have chosen the positions of Peter Carruthers in order to present positions being strongly against any extension of (...) rights to whichever kind of animals. This essay will be followed by further investigations. (shrink)

Shakespeare's works present intriguing explorations of law and legal theory. They help demonstrate the flaws in command-theory positivism, natural law theory and prediction theory accounts of the law. This is a simultaneously-published abbreviated version of a longer article published in Acta Iuridica Olomucensia in 2010.

Résumé -/- Cet article vise à expliquer comment Shakespeare articule une philosophie de la nature dans Le Conte d’hiver. Nous suggérons que la spécificité dramatique de la pièce ainsi que son schéma narratif expriment cette philosophie. D’une part, l’histoire racontée par la plume de Shakespeare peut montrer d’abord un éloignement de la nature pour laisser suivre une redécouverte et une renaissance de la nature – d’abord par son acception simple, brute, puis dans la compréhension téléologique de celle-ci. D’autre (...) part, la succession de la tragédie, la comédie et la romance illustre ces trois étapes. Le triomphe de la romance indique le triomphe d’une philosophie de la nature dont les causes les plus importantes sont d’ordres téléologique. -/- Abstract -/- This article aims to explain how Shakespeare shows a philosophy of nature in The Winter’s Tale. We suggest that both the dramatic and narrative specificities of the play express this philosophy. On one hand, the story told by Shakespeare’s writing can show a remoteness from nature which is to be followed by a rediscovery and a rebirth of nature – first with its rawest meaning and finally in its teleological understanding. On the other hand, the succession of tragedy, comedy and romance illustrates those three steps. The triumph of romance indicates the triumph of a philosophy of nature in which the most important causes are the teleological ones. (shrink)

It is common for conservationists to refer to non-native species that have undesirable impacts on humans as “invasive”. We argue that the classification of any species as “invasive” constitutes wrongful discrimination. Moreover, we argue that its being wrong to categorize a species as invasive is perfectly compatible with it being morally permissible to kill animals—assuming that conservationists “kill equally”. It simply is not compatible with the double standard that conservationists tend to employ in their decisions about who lives and who (...) dies. (shrink)

'When Macbeth comes from the murder of Duncan, his hands are covered in King's blood; he looks at them, and feels that all the waters in the ocean cannot wash away the blood, but that- "this my hand will rather The multitudinous seas incarnadine, Making the green one red.,"... -/- (http://philpapers.org/profile/112741 ).

The album Echo was produced in a depressed, drug-riddled phase when Tom Petty’s first marriage was ending and his physical condition so degraded that he took to using a cane. Petty filmed no videos, avoided playing the album’s songs on the follow-up tour and reported little memory of its making. The thoughtfulness and self-reflection that traumatic circumstances spur distinguish the album. So too does the tendency to look backwards in times of crisis, whether in hopes of finding solidity in the (...) past or just out of exhausted inability to cope with the present. -/- While melancholically creative, the album might be regarded as an echoing of past musical fragments. The sprightly mix of acoustic and electric guitars, the backing vocal harmonies and the stories of loss in songs such as “Won’t Last Long” and “This One’s for Me” harken to Petty’s albums from the late 80s to mid-90s. “Accused of Love” similarly contains echoes of Petty’s more upbeat work, but with depressing lyrical undertones. The production qualities and lyrics of “Rhino Skin” recollect “Asshole,” a Beck cover from Petty’s previous album. “I Don’t Wanna Fight”—a Heartbreakers performance composed and sung by Mike Campbell—returns to the hard driving rock of Damn the Torpedoes. The lyrics, straight-laced drums and layered drones of electric guitars of “Free Girl Now” go back further to “American Girl,” which itself was influenced by psychedelic music. At the same time, all of this typifies Petty’s oeuvre. Throughout his career, he made music steeped in past rock traditions. He was also a seminal figure in Southern rock, with its emphatically nostalgic character. -/- The crisis that Petty was experiencing echoes throughout the album in more specific ways, with many songs repeating the theme of being up or down, high or low. The theme of fighting or not wanting to has an especially strong echo, showing up in “Swingin’,” “Billy the Kid” and “I Don’t Wanna Fight.” These songs, in turn, exhibit nostalgia for past icons, with protagonists going down hard like Billy the Kid; or going down swinging like Sonny Liston; or again like Benny Goodman, Glenn Miller and Sammy Davis in a punny reference to the swing era. -/- The retrospective feel of the album is one of looking to the past for the sake of self-preservation in the present, along lines discussed by Nietzsche. While symptomatic of illness, Nietzsche maintains this movement “springs from the protective instinct of a degenerating life which tries by all means to sustain itself and to fight for existence.” This seeming denial of growth can, as Nietzsche continues, be “among the greatest conserving and yes-creating forces of life.” Petty clearly associated Echo with personal grief, refusing to listen to it for years. As with many other examples of art, however, the album was also a way of surviving and growing beyond a present trauma, and one more specifically that compelled him to overcome an important part of his past, namely, his wife of 20-plus years. One can speculate that clinging to fragments of the past—musical and otherwise—was a way of coping with a difficult present and a fading past. (shrink)

Towards the very end of his wide-ranging lectures on the philosophy of art, Hegel unexpectedly expresses a preference for comedy over tragedy. More surprisingly, given his systematic claims for his aesthetic theory, he suggests that this preference is arbitrary. This essay suggests that this arbitrariness is itself systematic, given Hegel’s broader claims about unity and necessity in art generally and his analysis of ancient as opposed to modern drama in particular. With the emergence of modern subjectivity, tragic plots lose their (...) necessity and so their redemptive conclusions; comic plots disintegrate into mockery and entertainment. In many cases, the dramas in question consequently fail to be art. This does not, however, mean that art ends: insofar as it inspires humans to a better understanding of their unity with the divine, it will continue to meet its mandate. But the lack of necessity in modern drama means we are free to prefer happy endings. Hegel’s seemingly arbitrary preference is, in the end, systematically justified. (shrink)

Walter Benjamin’s oft-quoted 1936 essay “The Work of Art in the Age of Its Technological Reproducibility” advances the claim that, for the first time in history, the “function” of the work of art is political, as evidenced by cinema. For Benjamin, film is the “first art form whose artistic character is entirely determined by its reproducibility” and Giorgio Agamben, a contemporary Benjaminian philosopher, further elucidates this “function,” positing that cinema essentially ranks with ethics and politics, not solely with aesthetics, and, (...) consequently, is proximate to philosophy itself. Whereas Deleuze’s Cinema books posed cinema as enacting time in a pure state, Agamben, in his “Notes on Gesture,” breaches from Deleuze’s spatial and cartographic theory of cinema, drawing on Guy Debord’s “détournement via montage,” Simone Weil’s “decreation” and, perhaps most implicitly, from Benjamin. Agamben’s political theory of cinema, motivated by cinema’s “stoppage and repetition of time,” is directly informed by Benjamin’s: “optical unconscious,” appropriation of Brecht’s “social Gestus,” and the relationship between technological reproducibility and aura. Agamben’s “gesture” fastens cinema’s aesthetics not only to ethics and politics, but to the “ontological consistency of human experience,” or to a way of being. (shrink)

The last few decades have given rise to the study of practical reason as a legitimate subfield of philosophy in its own right, concerned with the nature of practical rationality, its relationship to theoretical rationality, and the explanatory relationship between reasons, rationality, and agency in general. Among the most central of the topics whose blossoming study has shaped this field, is the nature and structure of instrumental rationality, the topic to which Kant has to date made perhaps the largest contribution, (...) under the heading of his treatment of hypothetical imperatives. (shrink)

Is there a human right to be governed democratically – and how should we approach such an issue philosophically? These are the questions raised by Joshua Cohen’s 2006 article, ‘Is There a Human Right to Democracy?’ – a paper over which I have agonised since I saw it in draft form, many years ago. I am still uncomfortable with its central claim, that while justice demands democratic government, the proper standard for human rights is something less. But, as I hope (...) to show, the reasons for that discomfort are occasioned less by the thought that democracy may not be a human right than by the very significant gaps in our understanding of rights which debates about the human rights status of democracy exemplify. (shrink)

In the second Meditation, Descartes argues that, because he thinks, he must exist. What are his reasons for accepting the premise of this argument, namely that he thinks? Some commentators suggest that Descartes has a ‘logic’ argument for his premise: It is impossible to be deceived in thinking that one thinks, because being deceived is a species of thinking. In this paper, I argue that this ‘logic’ argument cannot contribute to the first certainty that supposedly stops the Cartesian doubt. Rather, (...) this certainty must be based on another type of access to our own minds, possibly a faculty of introspection. Applying this result to contemporary constitutive theories of self-knowledge (Wright), I show that these cannot be part of what justifies the ascription of particular mental states to a subject. -/- En la segunda de sus "Meditaciones metafísicas", Descartes argumenta que, porque piensa, debe existir. ¿Cuáles son sus razones para aceptar la premisa de este argumento, a saber el que piensa? Algunos comentaristas sugieren que Descartes tiene un argumento 'lógico' para su premisa: No es posible ser engañado en creer que uno piensa, porque el ser engañado también es una especie de pensamiento. En mi ponencia arguyo que este argumento 'lógico' no puede contribuir a la certeza que supuestamente para la duda cartesiana. Más bien, esta certeza debe fundarse en otro tipo de acceso, talvez de forma introspectiva, que tenemos a nuestra propia mente. Aplicando este resultado a teorías contemporáneas constitutivas del autoconocimiento (Wright), muestro que éstas no pueden contribuir a la justificación de la adscripción de estados mentales particulares. (shrink)

Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If instead we take "text" (as we must) to refer (...) to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

This is a review of a book by neuroscientists and psychologists. It is a fairly good anthology and makes a case for the empirical study of the mind/body problem. Yet the title of the book is slightly misleading in that it does not include the phenomenological turn within philosophy begun by Kierkegaard. The book will be of great importance to palliative care providers and mental health professionals.

This essay explores the moral reasoning underpinning the common view that it is worse to kill a human compared with killing an animal. After examining the serious deficiencies of traditional approaches, the author develops an alternative utilitarian-based framework that proportions the seriousness of killing to levels of sentience. He demonstrates how this new approach avoids the problems faced by the application of standard utilitarian formulae in weighing the seriousness of killing many low-sentience animals vis-á-vis killing a single human. The author (...) concludes with a discussion of how this new approach overcomes the difficulties faced by Peter Singer’s dualist form of utilitarianism. (shrink)

Public shaming plays an important role in upholding valuable social norms. But, under what conditions, if any, is it morally justifiable? Our aim in this paper is systemically to investigate the morality of public shaming, so as to provide an answer to this neglected question. We develop an overarching framework for assessing the justifiability of this practice, which shows that, while shaming can sometimes be morally justifiable, it very often is not. In turn, our framework highlights several reasons to be (...) concerned about the increasingly widespread phenomenon of online public shaming. (shrink)

How wrong is it to deceive someone into sex by lying, say, about one's profession? The answer is seriously wrong when the liar's actual profession would be a deal breaker for the victim of the deception: this deception vitiates the victim's sexual consent, and it is seriously wrong to have sex with someone while lacking his or her consent.