This research explores the effects of globalization to the Malaysian architectural practice in the current situation. The research explores three issues, firstly what are the reasons local architects are taking projects locally (localization) only, and, secondly, what are the factors which motivate local architects to venture into international projects (termed as globalization). It also explores, thirdly, what are the factors which influence foreign architects coming to Malaysia to practice. Research was qualitative in nature using semi-structured interviews. The interviews were transcribed (...) and a thematic analysis was carried out. An online survey was conducted towards the end to a different group from the architecture fraternity to supplement the research and findings. Overall, the reasons uncovered for the first issue are the total lack of opportunities and insufficient capacity due to small practices. Reasons for the second issue are due to the more lucrative fees and the experience and technology transfer which are advancements to their practices. For the third issue, the factors were found to more personal reasons based rather than solely applying to practice. In summary, to go global or stay local is actually up to the individual preference of the architect and also the capacity of their practices. The findings can be used as a resource for architects and architectural students who are still deciding whether to globalize or localize their careers. As it currently the case, many architects are practicing in other countries to replicate architectural styles which may be more conducive to sustainable tourism, for example, hotel designs. (shrink)

In analyzing oppressive systems like racism, social theorists have articulated accounts of the dynamic interaction and mutual dependence between psychological components, such as individuals’ patterns of thought and action, and social components, such as formal institutions and informal interactions. We argue for the further inclusion of physical components, such as material artifacts and spatial environments. Drawing on socially situated and ecologically embedded approaches in the cognitive sciences, we argue that physical components of racism are not only shaped by, but also (...) shape psychological and social components of racism. Indeed, while our initial focus is on racism and racist things, we contend that our framework is also applicable to other oppressive systems, including sexism, classism, and ableism. This is because racist things are part of a broader class of oppressive things, which are material artifacts and spatial environments that are in congruence with an oppressive system. (shrink)

It is well-known that racism is encoded into the social practices and institutions of medicine. Less well-known is that racism is encoded into the material artifacts of medicine. We argue that many medical devices are not merely biased, but materialize oppression. An oppressive device exhibits a harmful bias that reflects and perpetuates unjust power relations. Using pulse oximeters and spirometers as case studies, we show how medical devices can materialize oppression along various axes of social difference, including race, gender, class, (...) and ability. Our account uses political philosophy and cognitive science to give a theoretical basis for understanding materialized oppression, explaining how artifacts encode and carry oppressive ideas from the past to the present and future. Oppressive medical devices present a moral aggregation problem. To remedy this problem, we suggest redundantly layered solutions that are coordinated to disrupt reciprocal causal connections between the attitudes, practices, and artifacts of oppressive systems. (shrink)

Our goal in this paper is to articulate a novel account of the ordinary concept ART. At the core of our account is the idea that a puzzle surrounding our thought and talk about art is best understood as just one instance of a far broader phenomenon. In particular, we claim that one can make progress on this puzzle by drawing on research from cognitive science on dual character concepts. Thus, we suggest that the very same sort of phenomenon that (...) is associated with ART can also be found in a broad class of other dual character concepts, including SCIENTIST, CHRISTIAN, GANGSTER, and many others. Instead of focusing narrowly on the case of ART, we try to offer a more general account of these concepts and the puzzles to which they give rise. Then, drawing on the general theory, we introduce a series of hypotheses about art concepts, and put those hypotheses to the test in three experimental studies. (shrink)

One aim of this essay is to contribute to understanding aesthetic communication—the process by which agents aim to convey thoughts and transmit knowledge about aesthetic matters to others. Our focus will be on the use of aesthetic adjectives in aesthetic communication. Although theorists working on the semantics of adjectives have developed sophisticated theories about gradable adjectives, they have tended to avoid studying aesthetic adjectives—the class of adjectives that play a central role in expressing aesthetic evaluations. And despite the wealth of (...) attention paid to aesthetic adjectives by philosophical aestheticians, they have paid little attention to contemporary linguistic theories of adjectives. We take our work to be a first step in remedying these lacunae. In this paper, we present four experiments that examine one aspect of how aesthetic adjectives ordinarily function: the context-sensitivity of their application standards. Our results present a prima facie empirical challenge to a common distinction between relative and absolute gradable adjectives because aesthetic adjectives are found to behave differently from both. Our results thus also constitute a prima facie vindication of some philosophical aestheticians’ contention that aesthetic adjectives constitute a particularly interesting segment of natural language, even if the boundaries of this segment might turn out to be different from what they had in mind. (shrink)

The goal of this short paper is to show that esthetic adjectives—exemplified by “beautiful” and “elegant”—do not pattern stably on a range of linguistic diagnostics that have been used to taxonomize the gradability properties of adjectives. We argue that a plausible explanation for this puzzling data involves distinguishing two properties of gradable adjectives that have been frequently conflated: whether an adjective’s applicability is sensitive to a comparison class, and whether an adjective’s applicability is context-dependent.

Critics across the political spectrum have worried that ordinary uses of words like 'racist', 'sexist', and 'homophobic' are becoming conceptually inflated, meaning that these expressions are getting used so widely that they lose their nuance and, thereby, their moral force. However, the charge of conceptual inflation, as well as responses to it, are standardly made without any systematic investigation of how 'racist' and other expressions condemning oppression are actually used in ordinary language. Once we examine large linguistic corpora to see (...) how these expressions are actually used, we find that English speakers have a rich linguistic repertoire for qualifying the degree to which and dimensions along which something is racist, sexist, homophobic, and so on. These facts about ordinary usage undermine the charge of conceptual inflation. Without awareness of facts about ordinary usage, theorists risk making linguistic prescriptions that are unnecessary or counterproductive. (shrink)

Whenever philosophers try to include a “diverse” — in the sense of not currently recognised as canon — philosophy x into their teaching and their research, they inevitably get asked: “What is x philosophy?” and “Is x philosophy really philosophy?”. -/- These metaphilosophical questions do not only arise with attempts to include “diverse” intellectual traditions, but also with attempts to include “diverse” thinkers, works, topics, and methods. First, they are asked to prove that x exists. Second, they are asked to (...) prove that x is really philosophy. To refer to the pattern of debates that these questions engender, call it conversational dynamics of diversity. (shrink)

Imaginative resistance refers to a phenomenon in which people resist engaging in particular prompted imaginative activities. On one influential diagnosis of imaginative resistance, the systematic difficulties are due to these particular propositions’ discordance with real-world norms. This essay argues that this influential diagnosis is too simple. While imagination is indeed by default constrained by real-world norms during narrative engagement, it can be freed with the power of genre conventions and expectations.

Imaginative immersion refers to a phenomenon in which one loses oneself in make-believe. Susanna Schellenberg says that the best explanation of imaginative immersion involves a radical revision to cognitive architecture. Instead of there being an attitude of belief and a distinct attitude of imagination, there should only be one attitude that represents a continuum between belief and imagination. -/- We argue otherwise. Although imaginative immersion is a crucial data point for theorizing about the imagination, positing a continuum between belief and (...) imagination is neither necessary nor sufficient for explaining the phenomenon. In addition, arguing against Schellenberg’s account reveals important but underappreciated lessons for theorizing about the imagination and for interpreting boxological representations of the mind. (shrink)

This chapter explores the interaction between the moral value and aesthetic value of food, in part by connecting it to existing discussions of the interaction between moral and aesthetic values of art. Along the way, this chapter considers food as art, the aesthetic value of food, and the role of expertise in uncovering aesthetic value. Ultimately this chapter argues against both food autonomism (the view that food's moral value is unconnected to its aesthetic value) and Carolyn Korsmeyer's food moralism (the (...) view that moral flaws can only make food aesthetically worse). Instead, it argues for the position of food immoralism: sometimes a moral flaw can make an item of food aesthetically better. This chapter concludes by drawing out broader implications of this position for discussions on the ethics of food and discussions on the interaction between the moral and aesthetic values of art. (shrink)

Hoerl & McCormack claim that animals don't represent time. Because this makes a mystery of established findings in comparative psychology, there had better be some important payoff. The main one they mention is that it explains a clash of intuition about the reality of time's passage. But any theory that recognizes the representational requirements of agency can do likewise.

David Lewis argues that centered worlds give us a way to capture de se, or self-locating, contents in philosophy of language and philosophy of mind. In recent years, centered worlds have also gained other uses in areas ranging widely from metaphysics to ethics. In this paper, I raise a problem for centered worlds and discuss the costs and benefits of different solutions. My investigation into the nature of centered worlds brings out potentially problematic implicit commitments of the theories that employ (...) them. In addition, my investigation shows that the conception of centered worlds widely attributed to David Lewis is not only problematic, but in fact not his. (shrink)

Compared to other forms of memory, episodic memory is commonly viewed as special for being distinctively metarepresentational and, relatedly, uniquely human. There is an inherent ambiguity in these conceptions, however, because “episodic memory” has two closely connected yet subtly distinct uses, one designating the recollective experience and the other designating the underlying neurocognitive system. Since experience and system sit at different levels of theorizing, their disentanglement is not only necessary but also fruitful for generating novel theoretical hypotheses. To show this, (...) I first argue that accepting the phenomenally conscious contents of episodic remembering as metarepresentational does not necessitate a metarepresentational conception of the episodic memory system. In its stead, I sketch an alternative account on which the metarepresentational character of episodic remembering is generated through the interaction of first-order outputs of the episodic memory system with other neurocognitive components of the brain. Complemented with a first-order account of the memory system, the system-experience distinction further supplies a novel understanding of the human uniqueness of episodic recollection, one that is compatible with there being an evolutionarily conserved episodic memory system. Overall, by distinguishing the two equivocal senses of “episodic memory” in our theorizing, we unearth an opportunity to understand how the distinctive phenomenology of our episodic recollection is related to and implemented in the cognitive architecture. (shrink)

Narrative representations can change our moral actions and thoughts, for better or for worse. In this article, I develop a theory of fictions' capacity for moral education and moral corruption that is fully sensitive to the diversity of fictions. Specifically, I argue that the way a fiction influences our moral actions and thoughts importantly depends on its genre. This theory promises new insights into practical ethical debates over pornography and media violence.

Imaginative resistance refers to a phenomenon in which people resist engaging in particular prompted imaginative activities. Philosophers have primarily theorized about this phenomenon from the armchair. In this paper, we demonstrate the utility of empirical methods for investigating imaginative resistance. We present two studies that help to establish the psychological reality of imaginative resistance, and to uncover one factor that is significant for explaining this phenomenon but low in psychological salience: genre. Furthermore, our studies have the methodological upshot of showing (...) how empirical tools can complement the predominant armchair approach to philosophical aesthetics. (shrink)

Issues of pretense and imagination are of central interest to philosophers, psychologists, and researchers in allied fields. In this entry, we provide a roadmap of some of the central themes around which discussion has been focused. We begin with an overview of pretense, imagination, and the relationship between them. We then shift our attention to the four specific topics where the disciplines' research programs have intersected or where additional interactions could prove mutually beneficial: the psychological underpinnings of performing pretense and (...) of recognizing pretense, the cognitive capacities involved in imaginative engagement with fictions, and the real-world impact of make-believe. In the final section, we discuss more briefly a number of other mental activities that arguably involve imagining, including counterfactual reasoning, delusions, and dreaming. (shrink)

The primary aim of this chapter is to outline the consensuses that have emerged in recent philosophical works tackling normative questions about responding to immoral artist’s art. While disagreement amongst philosophers is unavoidable, there is actually much agreement on the ethics of media consumption. How should we evaluate immoral artist’s art? Philosophers generally agree that we should not always separate the artist from the art. How should we engage with immoral artist’s art? Philosophers generally agree that we should not always (...) reflexively turn away from them. In turn, these responses reveal that moral value is not autonomous from aesthetic value, and neither dominates the other. The secondary aim of this chapter is to explore the ramifications of this revelation. I argue that, in addition to an ethics of media consumption, we need an aesthetics of media consumption that is fundamentally social rather than solitary. (shrink)

To what extent are factors that are extrinsic to the artwork relevant to judgments of artistic value? One might approach this question using traditional philosophical methods, but one can also approach it using empirical methods; that is, by doing experimental philosophical aesthetics. This paper provides an example of the latter approach. We report two empirical studies that examine the significance of three sorts of extrinsic factors for judgments of artistic value: the causal-historical factor of contagion, the ontological factor of uniqueness, (...) and the contextual factor of appreciative environment. We explore the context of appreciation by performing studies in a museum as well as the lab. We found that contagion made a difference to judgments of artistic value in both settings. These results are congruent with previous empirical research as well as recent philosophical work that defends the artistic significance of authenticity. However, uniqueness only made a difference in the lab setting, but not in the museum. This suggests that the context of appreciation may make a difference to judgments of artistic value. Of broader significance, these studies show the value of experimental philosophical aesthetics and the value of doing in situ empirical research on art. (shrink)

We refine a line of feminist criticism of pornography that focuses on pornographic works' pernicious effects. A.W. Eaton argues that inegalitarian pornography should be criticized because it is responsible for its consumers’ adoption of inegalitarian attitudes toward sex in the same way that other fictions are responsible for changes in their consumers’ attitudes. We argue that her argument can be improved with the recognition that different fictions can have different modes of persuasion. This is true of film and television: a (...) satirical movie such as Dr. Strangelove does not morally educate in the same way as a realistic series such as The Wire. We argue that this is also true of pornography: inegalitarian depictions of sex are not invariably responsible for consumers' adoption of inegalitarian attitudes toward sex in reality. Given that pornographic works of different genres may harm in different ways, different feminist criticisms are appropriate for different genres of pornography. (shrink)

Some philosophers have criticized experimental philosophy for being superfluous. Jackson implies that experimental philosophy studies are unnecessary. More recently, Dunaway, Edmunds, and Manley empirically demonstrate that experimental studies do not deliver surprising results, which is a pro tanto reason for foregoing conducting such studies. This paper gives theoretical and empirical considerations against the superfluity criticism. The questions concerning the surprisingness of experimental philosophy studies have not been properly disambiguated, and their metaphilosophical significance have not been properly assessed. Once the most (...) relevant question is identified, a re-analysis of Dunaway and colleagues’ data actually undermines the superfluity criticism. (shrink)

Nostalgia and food are intertwined universals in human experience. All of us have experienced nostalgia centered on food, and all of us have experienced food infused with nostalgia. To explore the links between nostalgia and food, I start with a rough taxonomy of nostalgic foods, and illustrate it with examples. Despite their diversity, I argue that there is a psychological commonality to experiencing nostalgic foods of all kinds: imagination. On my account, imagination is the key to understanding the cognitive, conative, (...) affective, and perceptual aspects of experiencing nostalgic foods. In turn, the recognition of imagination’s centrality in experiencing nostalgic foods reveals how food can produce aesthetic experiences comparable to those produced by literature and painting. (shrink)

In “Sideways Music”, Ned Markosian uses aesthetic intuitions about temporally-rotated music to argue that the metaphysics of time is different from the metaphysics of space. In response, I use aesthetic intuitions about spatially-rotated paintings to pose a dilemma for Markosian’s argument: either he accepts the intuitions about spatially-rotated paintings, in which case he must give up on some assumptions in his argument, or he rejects intuitions about spatially-rotated paintings, in which case an analogous response can be given regarding intuitions about (...) temporally-rotated music. That is, if Markosian wants to hold on to the assumptions that underwrite his argument, then he thereby offers his opponent the resources with which to resist his conclusion. As such, Markosian’s argument cannot offer a new independent consideration for adjudicating the metaphysical debate between the Dynamic Theorist and the Spacetime Theorist. [Unpublishable 2019]. (shrink)

Children sometimes lose themselves in make-believe games. Actors sometimes lose themselves in their roles. Readers sometimes lose themselves in their books. From people's introspective self-reports and phenomenological experiences, these immersive experiences appear to differ from ordinary experiences of simply playing a game, simply acting out a role, and simply reading a book. What explains the difference? My answer: attention. -/- [Unpublishable 2007-2017. This paper was referenced in Liao and Doggett (2014).].

The present studies investigate morality’s influence on aesthetics and one potential moderator of that influence: genre. Study 1 finds that people’s moral evaluation positively influence their aesthetic evaluation of an artwork. Study 2 and 3 finds that this influence can be moderated by the contextual factor of genre. These results broaden our understanding of the relationship between morality and aesthetics, and suggest that models of art appreciation should take into account morality and its interaction with context. [Unpublishable 2010-2017.].

Michael Weisberg’s account of scientific models concentrates on the ways in which models are similar to their targets. He intends not merely to explain what similarity consists in, but also to capture similarity judgments made by scientists. In order to scrutinize whether his account fulfills this goal, I outline one common way in which scientists judge whether a model is similar enough to its target, namely maximum likelihood estimation method. Then I consider whether Weisberg’s account could capture the judgments involved (...) in this practice. I argue that his account fails for three reasons. First, his account is simply too abstract to capture what is going on in MLE. Second, it implies an atomistic conception of similarity, while MLE operates in a holistic manner. Third, Weisberg’s atomistic conception of similarity can be traced back to a problematic set-theoretic approach to the structure of models. Finally, I tentatively suggest how these problems might be solved by a holistic approach in which models and targets are compared in a non-set-theoretic fashion. (shrink)

This paper examines Aristotle’s vocabulary of pain, that is the differences and relations of the concepts of pain expressed by synonyms in the same semantic field. It investigates what is particularly Aristotelian in the selection of the pain-words in comparison with earlier authors and specifies the special semantic scope of each word-cluster. The result not only aims to pin down the exact way these terms converge with and diverge from each other, but also serves as a basis for further understanding (...) Aristotle’s philosophical conception of pain. (shrink)

Methodologically, philosophical aesthetics is undergoing an evolution that takes it closer to the sciences. Taking this methodological convergence as the starting point, I argue for a pragmatist and pluralist view of aesthetic explanations. To bring concreteness to discussion, I focus on vindicating genre explanations, which are explanations of aesthetic phenomena that centrally cite a work's genre classification. I show that theoretical resources that philosophers of science have developed with attention to actual scientific practice and the special sciences can be used (...) to make room for genre explanations in aesthetics. In turn, making room for genre explanations also demonstrates the plausibility of the pragmatist and pluralist view of aesthetic explanations. (shrink)

In déjà vu, a novel experience feels strangely familiar. Here we propose that this phenomenology is best seen as consisting in an illusory feeling of identification of the gist of the current scene or event, rather than in the intensity of the fluency-based, metacognitive feeling of familiarity.

Polger and Shapiro argue that their official recipe, a criterion for judging when the phenomenon of multiple realization exists, renders MR less widespread than its proponents have assumed. I argue that, although Polger and Shapiro’s criterion is a useful contribution, they arrive at their conclusion too hastily. Contrary to Polger and Shapiro, I claim that the phenomenon of multiple realization in the biological world, judged by their criterion, is not as scarce as they suggest. To show this, an updated official (...) recipe, namely a multiple mechanistic realization thesis, integrating Polger and Shapiro’s criterion with a compositional conception of realization, is developed. Then, three examples of varied kinds are examined, showing that cases of MR are not so hard to find in the biological world. (shrink)

This essay develops an inferential account of model explanation, based on Mauricio Suárez’s inferential conception of scientific representation and Alisa Bokulich’s counterfactual account of model explanation. It is suggested that the fact that a scientific model can explain is essentially linked to how a modeler uses an established model to make various inferences about the target system on the basis of results derived from the model. The inference practice is understood as a two-step activity, with the first step involving making (...) counterfactual statements about the model itself and the second step involving making hypothetical statements transferring over claims derived from the model onto the target. To illustrate how this two-step activity proceeds, an agent-based simulation model is discussed. (shrink)

In this contribution to the symposium on Quill Kukla's _City Living_, I argue that the "objective properties" invisibly built into playgrounds can limit children's development of their agency. Playgrounds may seem insignificant because play may seem insignificant. However, playgrounds are where children develop as agents: it is through play that they learn to make decisions about their own bodies, express their own values, and negotiate with others. Yet at the playground, there is co-dependence between social practice and material object: the (...) latent surveillance by adults enforces and reinforces the rules that have been built into equipment like slides. Social and spatial inequalities can constitute self-amplifying feedback loops that sustain oppressive systems. Playgrounds do not merely reflect the social fact that children’s autonomy is not always taken seriously, they also condition and constitute this social fact. (shrink)

Two lines of investigation into the nature of mental content have proceeded in parallel until now. The first looks at thoughts that are attributable to collectives, such as bands' beliefs and teams' desires. So far, philosophers who have written on collective belief, collective intentionality, etc. have primarily focused on third-personal attributions of thoughts to collectives. The second looks at de se, or self-locating, thoughts, such as beliefs and desires that are essentially about oneself. So far, philosophers who have written on (...) the de se have primarily focused on de se thoughts of individuals. This paper looks at where these two lines of investigations intersect: collective de se thoughts, such as bands' and teams' beliefs and desires that are essentially about themselves. There is a surprising problem at this intersection: the most prominent framework for modeling de se thoughts, the framework of centered worlds, cannot model a special class of collective de se thoughts. A brief survey of this problem's solution space shows that collective de se thoughts pose a new challenge for modeling mental content. (shrink)

The debate over the value of pleasure among Eudoxus, Speusippus, and Aristotle is dramatically documented by the Nicomachean Ethics, particularly in the dialectical pros-and-cons concerning the so-called argument from contraries. Two similar versions of this argument are preserved at EN VII. 13, 1153b1–4, and X. 2, 1172b18–20. Many scholars believe that the argument at EN VII is either a report or an appropriation of the Eudoxean argument in EN X. This essay aims to revise this received view. It will explain (...) why these two arguments differ in premises, contents and purposes, and why these distinctions matter for a proper assessment of Aristotle’s understanding of pleasure and pain in general and his dialectical art in particular. (shrink)

Philosophers have relied on visual metaphors to analyse ideas and explain their theories at least since Plato. Descartes is famous for his system of axes, and Wittgenstein for his first design of truth table diagrams. Today, visualisation is a form of ‘computer-aided seeing’ information in data. Hence, information is the fundamental ‘currency’ exchanged through a visualisation pipeline. In this article, we examine the types of information that may occur at different stages of a general visualization pipeline. We do so from (...) a quantitative and a qualitative perspective. The quantitative analysis is developed on the basis of Shannon’s information theory. The qualitative analysis is developed on the basis of Floridi’s taxonomy in the philosophy of information. We then discuss in detail how the condition of the ‘data processing inequality’ can be broken in a visualisation pipeline. This theoretic finding underlines the usefulness and importance of visualisation in dealing with the increasing problem of data deluge. We show that the subject of visualisation should be studied using both qualitative and quantitative approaches, preferably in an interdisciplinary synergy between information theory and the philosophy of information. (shrink)

This study aims to provide a coherent new interpretation of the notorious anti-hedonism of Speusippus, Plato’s nephew and the second scholarch of the Academy, by reconsidering all the relevant sources concerning his attitude toward pleasure—sources that seem to be in tension or even incompatible with each other. By reassessing Speusippus’ anti-hedonism and Aristotle’s response, it also sheds new light on the Academic debate over pleasure in which he and Aristotle participated: This debate is not merely concerned with the truth and (...) credibility of the arguments for or against hedonism; there are also notable differences among the participants in their understanding of the practical significance of evaluating hedonic experiences. This new interpretation allows us to better understand Aristotle’s selective representation of the intra-school debate and some neglected features of his responses to different interlocutors. (shrink)

I propose a dynamic causal approach to characterizing the notion of a mechanism. Levy and Bechtel, among others, have pointed out several critical limitations of the new mechanical philosophy, and pointed in a new direction to extend this philosophy. Nevertheless, they have not fully fleshed out what that extended philosophy would look like. Based on a closer look at neuroscientific practice, I propose that a mechanism is a dynamic causal system that involves various components interacting, typically nonlinearly, with one another (...) to produce a phenomenon of interest. (shrink)

This paper reexamines Theophrastus’ Metaphysics 11a18–26, an obscure testimony about Speusippus, the second head of the Platonic Academy. As opposed to the traditional interpretation, which takes this passage as Theophrastus’ polemic against Speusippus’ doctrine of value, I argue that he here dialectically takes advantage of, rather than launches an attack on, the Platonist. Based on this new reading, I further propose a revision and a reassessment of the ‘gloomy metaphysics’ of Speusippus which will shed new light on his ethics.

Based on the dispute between Protagoras and Socrates on the origin of ethics, one can ask the question of whether the principle of ethics is reason orfeeling/emotion, or whether ethics is grounded on reason or feeling/emotion. The development of Kant’s thoughts on ethics shows the tension between reason and feeling/emotion. In Kant’s final critical ethics, he held to a principle of “rational a priori.” On the one hand, this is presented as the rational a priori principle being the binding principle (...) of judgment. On the other hand, it is presented as the doctrine of “rational fact” as the ultimate argument of his ethics. Husserl believed that Kant’s doctrine of a rational a priori totally disregarded the a priori essential laws of feeling. Like Husserl, Scheler criticized Kant’s doctrine of a rational a priori, and therefore developed his own theory of an “emotional a priori”. Both of them focused their critiques on the grounding level of ethics. Scheler, however, did not follow Husserl all the way, but criticized him and reflected on his thoughts. At last, he revealed the primary status of a phenomenological material ethics of value. (shrink)

This paper aims to clarify Plato’s notions of the natural and the neutral state in relation to hedonic properties. Contra two extreme trends among scholars—people either conflate one state with the other, or keep them apart as to establish an unsurmount- able gap between both states, I argue that neither view accurately reflects Plato’s position because the natural state is real and can coincide with the neutral state in part, whereas the latter, as an umbrella term, can also be realized (...) in a non-natural condition. The clarification of the relation between the two states will shed light on the degree to which Plato admits and constrains the hedonic value for a good human life; further, this will call attention to some (not well explored) parallel thoughts in the medical tradition to which Plato is indebted. (shrink)

We apply a familiar distinction from philosophy of language to a class of material artifacts that are sometimes said to “speak”: statues. By distinguishing how statues speak at the locutionary level versus at the illocutionary level, or what they say versus what they do, we obtain the resource for addressing two topics. First, we can explain what makes statues distinct from street art. Second, we can explain why it is mistaken to criticize—or to defend—the continuing presence of statues based only (...) on what they represent. Both explanations are driven by the same core idea: the significance of statues arises primarily from what they do, and not what they say. (shrink)

Imagine that only the state can meet the need for housing but decides not to do so. Unsurprisingly, participants in a vignette experiment deem this scenario unjust. Hence, justice ratings increase when the living situation improves. To a lesser extent, this also holds beyond the need threshold, understood as the minimum amount necessary for a decent life. Surprisingly, however, the justice evaluation function is highly convex below this point. The resulting S-shaped curve is akin to the value function in prospect (...) theory, with the need threshold providing the point of reference and inflection. A control treatment without needs-information supports this interpretation. Needs-information furthermore compresses the perceived injustice of arbitrary inequality. As in prospect theory, such reference dependency suggests biases in judgment and decision making. A consequence may be that the lot of the poorest in society does not receive the attention it would otherwise get. (shrink)

Where is imagination in imaginative resistance? We seek to answer this question by connecting two ongoing lines of inquiry in different subfields of philosophy. In philosophy of mind, philosophers have been trying to understand imaginative attitudes’ place in cognitive architecture. In aesthetics, philosophers have been trying to understand the phenomenon of imaginative resistance. By connecting these two lines of inquiry, we hope to find mutual illumination of an attitude (or cluster of attitudes) and a phenomenon that have vexed philosophers. Our (...) strategy is to reorient the imaginative resistance literature from the perspective of cognitive architecture. Whereas existing taxonomies of positions in the imaginative resistance literature have focused on disagreements over the source and scope of the phenomenon, our taxonomy focuses on the psychological components necessary for explaining imaginative resistance. (shrink)

It has been widely reported that women are underrepresented in academic philosophy as faculty and students. This article investigates whether this representation may also occur in the domain of journal article publishing. Our study looked at whether women authors were underrepresented as authors in elite ethics journals — Ethics, Philosophy & Public Affairs, the Journal of Political Philosophy, and the Journal of Moral Philosophy — between 2004-2014, relative to the proportion of women employed in academic ethics (broadly construed). We found (...) that women are indeed underrepresented overall in prestigious ethics journal publishing. Though this is not our focus, we discuss possible causes for this finding, such as top ethics journals’ tendency not to publish much feminist philosophy; the impact of women’s lesser professional status or rank within philosophy on their prospects for, and success in, journal publishing; and the review process itself, which may disadvantage or discourage women authors — perhaps especially when their gender, rank, and affiliation are known to the editor or reviewer, or if their work is explicitly feminist. We discuss possible avenues for future research on the "woman problem" in philosophy, noting how our study relates to existing research on this issue. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...) (así como la conexión) entre el principium diiudicationis y el principium executionis, entre voluntad y “elección”; así como entre homo phaenomenon y homo noumenon (es decir, humanidad en la persona de los seres humanos). Desde una perspectiva social, las dimensiones del individuo y la persona social son construcciones ficticias; inclusive Radbruch -alguna vez defensor del derecho social- no remplazó el concepto de “persona jurídica” y, en el periodo de posguerra, reconoció la dignidad humana individual como el criterio para aplicar su famosa “fórmula de Radbruch". Por una parte, la dignidad humana muestra cuando menos un carácter normativo débil, el cual requiere, primero, ponderar entre el ejercicio de los poderes estatales y el control de constitucionalidad bajo la guía de la dimensión dual del ser humano y, segundo, la optimización del principio de la dignidad humana en casos particulares. Por otra, a través de la conexión necesaria entre el concepto de dignidad y personalidad, la dignidad humana puede exhibir un carácter normativo fuerte, el cual requiere inevitablemente una justificación metafísica. (shrink)

Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...) sogar außerhalb Deutschlands auf sich lenken konnte und deren Bestand in China einen ganz selbständigen Abschnitt verdient. Als Hintergrund dafür soll von vornherein ein Blick auf die Entwicklungen der chinesischen Rechtstheorie und Rechtsphilosophie nach 1978 und demzufolge auf die Entstehung der Methodenfrage in der chinesischen Rechtswissenschaft geworfen werden. (shrink)