An effective method to increase the number of potential cadaveric organ donors is to make people donors by default with the option to opt out. This non-coercive public policy tool to influence people’s choices is often justified on the basis of the as-judged-by-themselves principle: people are nudged into choosing what they themselves truly want. We review three often hypothesized reasons for why defaults work and argue that the as-judged-by-themselves principle may hold only in two of (...) these cases. We specify further conditions for when the principle can hold in these cases and show that whether those conditions are met is often unclear. We recommend ways to expand nationwide surveys to identify the actual reasons for why defaults work and discuss mandated choice policy as a viable solution to many arising conundrums. (shrink)

When is it legitimate for a government to ‘nudge’ its citizens, in the sense described by Thaler and Sunstein (2008)? In their original work on the topic, Thaler and Sunstein developed the _‘as judged by themselves’ (or AJBT) test_ to answer this question (Thaler and Sunstein 2008, p. 5). In a recent paper, Paul and Sunstein (2019) raised a concern about this test: it often seems to give the wrong answer in cases in which we are nudged to (...) make a decision that leads to what Paul calls a _personally transformative experience_, that is, one that results in our values changing (Paul 2014). In those cases, the nudgee will judge the nudge to be legitimate after it has taken place, but only because their values have changed as a result of the nudge. In this paper, I take up the challenge of finding an alternative test. I draw on my _aggregate utility account_ of how to choose in the face of what Ullmann-Margalit (2006) calls _big decisions_, that is, decisions that lead to these personally transformative experiences (Pettigrew 2019, Chapters 6 and 7). (shrink)

Expert-informed public policy often depends on a degree of public trust in the relevant expert authorities. But if lay citizens are not themselves authorities on the relevant area of expertise, how can they make good judgements about the trustworthiness of those who claim such authority? I argue that the answer to this question depends on the kind of trust under consideration. Specifically, I maintain that a distinction between epistemic trust and recommendation trust has consequences for novices judging the trustworthiness (...) of experts. I argue for this by identifying the unique difficulties that emerge when a novice is asked not just to believe expert testimony, but to follow expert recommendations. I outline criteria for novice judgements of expert trustworthiness that have been proposed by Elizabeth Anderson and show that novel problems emerge for her criteria when we shift focus from epistemic trust to recommendation trust. More is needed when we are asked not just to believe the experts but to act as they recommend, because novices looking for trustworthy expert recommendations need to establish whether the recommended course of action supports what is important to them and accords with their values. (shrink)

In this chapter I give an account of how our judgments of anger often play out in certain political instances. While contemporary philosophers of emotion have provided us with check box guides like “fittingness” and “size” for evaluating anger, I will argue that these guides do not by themselves help us escape the tendency to mark or unmark the boxes selectively, inconsistently, and erroneously. If anger—particularly anger in a political context—can provide information and spark positive change or political destruction, (...) then we have moral reasons to evaluate it properly. But can we? And what are the limitations and errors we often face when evaluating anger? -/- I will begin by laying out the ways in which we evaluate emotions and the moral and epistemic errors we attribute to the angry agent in judgments of disapproval. Then I attempt to answer the question: How do we judge political anger improperly? An improper evaluation, in my view, does not take into account relevant information that is needed to evaluate the anger. An overly generous, uninformed, biased, or selfish process of evaluation produces an improper evaluation. We see this occur when we immediately evaluate anger. I will also identify two social discursive practices of improper evaluation as well as the moral and epistemic errors committed when anger evaluators participate in these practices. (shrink)

We undeniably live in an information age—as, indeed, did those who lived before us. After all, as the cultural historian Robert Darnton pointed out: ‘every age was an age of information, each in its own way’ (Darnton 2000: 1). Darnton was referring to the news media, but his insight surely also applies to the sciences. The practices of acquiring, storing, labeling, organizing, retrieving, mobilizing, and integrating data about the natural world has always been an enabling aspect of scientific work. Natural (...) history and its descendant discipline of biological taxonomy are prime examples of sciences dedicated to creating and managing systems of ordering data. In some sense, the idea of biological taxonomy as an information science is commonplace. Perhaps it is because of its self-evidence that the information science perspective on taxonomy has not been a major theme in the history and philosophy of science. The botanist Vernon Heywood once pointed out that historians of biology, in their ‘preoccupation with the development of the sciences of botany and zoology… [have] diverted attention from the role of taxonomy as an information science’ (Heywood 1985: 11). More specifically, he argued that historians had failed to appreciate how principles and practices that can be traced to Linnaeus constituted ‘a change in the nature of taxonomy from a local or limited folk communication system and later a codified folk taxonomy to a formal system of information science [that] marked a watershed in the history of biology’ (ibid.). A similar observation could be made about twentieth-century philosophy of biology, which mostly skipped over practical and epistemic questions about information management in taxonomy. The taxonomic themes that featured in the emerging philosophy of biology literature in the second half of the twentieth century were predominantly metaphysical in orientation. This is illustrated by what has become known as the ‘essentialism story’: an account about the essentialist nature of pre- Darwinian taxonomy that used to be accepted by many historians and philosophers, and which stimulated efforts to document and interpret shifts in the metaphysical understanding of species and (natural) classification (Richards 2010; Winsor 2003; Wilkins 2009). Although contemporary debates in the philosophy of taxonomy have moved on, much discussion continues to focus on conceptual and metaphysical issues surrounding the nature of species and the principles of classification. Discussions centring on whether species are individuals, classes, or kinds have sprung up as predictably as perennials. Raucous debates have arisen even with the aim of accommodating the diversity of views: is monism, pluralism, or eliminativism about the species category the best position to take? In addition to these, our disciplines continue to interrogate what is the nature of these different approaches to classification: are they representational or inferential roles of different approaches to classification (evolutionary taxonomy, phenetics, phylogenetic systematics)? While there is still much to learn from these discussions—in which we both actively participate—our aim with this topical collection has been to seek different entrypoints and address underexposed themes in the history and philosophy of taxonomy. We believe that approaching taxonomy as an information science prompts new questions and can open up new philosophical vistas worth exploring. A twenty-first century information science turn in the history and philosophy of taxonomy is already underway. In scientific practice and in daily life it is hard to escape the imaginaries of Big Data and the constant threats of being ‘flooded with data’. In the life sciences, these developments are often associated with the socalled bioinformatics crisis that can hopefully be contained by a new, interdisciplinary breed of bioinformaticians. These new concepts, narratives, and developments surrounding the centrality of data and information systems in the biological and biomedical sciences have raised important philosophical questions about their challenges and implications. But historical perspectives are just as necessary to judge what makes our information age different from those that preceded us. Indeed, as the British zoologist Charles Godfray has often pointed out, the piles of data that are being generated in contemporary systematic biology have led to a second bioinformatics crisis, the first being the one that confronted Linnaeus in the mid-18th century (Godfray 2007). Although our aim is to clear a path for new discussions of taxonomy from an information science-informed point of view, we continue where others in the history, philosophy, and sociology of science have already trod. We believe that an appreciation of biological taxonomy as an information science raises many questions about the philosophical, theoretical, material, and practical aspects of the use and revision of biological nomenclatures in different local and global communities of scientists and citizen scientists. In particular, conceiving of taxonomy as an information science directs attention to the temporalities of managing an accumulating data about classified entities that are themselves subject to revision, to the means by which revision is accomplished, and to the semantic, material, and collaborative contexts that mediate the execution of revisions. (shrink)

Our culture is conflicted about morally judging and condemning. We can't avoid it altogether, yet many layfolk today are loathe to do it for reasons neither they nor philosophers well understand. Their resistance is often confused (by themselves and by theorists) with some species of antiobjectivism. But unlike a nonobjectivist, most people think that (a) for us to judge and condemn is generally (objectively) morally wrong , yet (b) for God to do so is (objectively) proper, and (c) so (...) too for certain persons in certain relations (e.g., self-condemnation, parental child rearing.) Certainly, religious (e.g., Christian) critics of judging and condemning without doubting the objective truth of their tradition's core moral teachings. Most puzzling is that (a) merely judging and condemning in one's heart may be improper, and (b) someone else with no more evidence or expertise might properly judge and condemn the same action. The answer is in condemning's complex structure of presuppostions. Condemning and judging are acts, and attitudes initiated by the act. Condemnation is motivated by two judgments presumed to justify it, a criticism of a target, and a judgment that the criticism justifies some negative response toward the target. Unlike nonpunitive penalties, punishments are motivated and explained by condemnation. Condemnation is an act of a hostile will, wishing some evil for its target, not (just) as a means to some good. Its root is in damning, an act akin to cursing. It declares a degraded status. The hostility makes it harder to justify condemnation than criticism, and punishment than nonpunitive penalties. Condemning claims objectivity and authority. It involves reflexive evaluation, regarding itself justified, approving its hostile feelings toward the target. Condemners presume themselves entitled to sit in judgment, pass judgment, and cast the condemned down. Those presumptions inhere in sitting in judgment, assuming jurisdiction. Unlike mathematical or scientific judgments, passing moral judgment seems to be a political act subject to extraepistemic constraints. "Who are you to judge?" may properly challenge your right to pass judgment. (shrink)

This dissertation articulates our human capacity to judge as a capacity for knowledge, specifically for empirical knowledge, and for knowledge of itself as such. I interpret and draw on the account of such knowledge presented by Kant’s Critique of Pure Reason, situate this account historically, and relate it to relevant contemporary debates. The first chapter motivates my project by assessing the insights and shortcomings of Cartesian epistemology. I argue that while Descartes draws on the essential self-consciousness of judgement to show (...) that the cogito is knowledge, he fails, by his own standards, to secure this status for any judgement beyond the cogito. I conclude that self-consciousness alone is empty, but that, since we can judge beyond the cogito, judgement can be given content from elsewhere. The next chapter evaluates the empiricist doctrine that operations of the senses by themselves give content to judgement and can vindicate it as empirical knowledge. I contend that Kant deepens Hume’s finding, that empiricism fails to enable us to explain empirical knowledge, into the more radical insight that empiricism fails to enable us to understand the senses as providing any content. I conclude that the senses alone are blind and that our account of empirical knowledge must privilege neither sensory givenness nor intellectual self-consciousness. The third chapter contrasts two readings of Kant on the cooperation between sensibility and understanding in empirical knowledge. I argue, against many Kantians, that the Transcendental Deduction shows that instead of understanding this cooperation compositionally – so that operations of sensibility are intelligible independently of acts of the understanding – we must conceive of it hylomorphically – so that the operations of sensibility and understanding constitute the mutually dependent matter and form of empirical knowing respectively. The final chapter substantiates this hylomorphism by explicating the form of knowledge as synthesis. Following Kant, I argue that inference is a species of synthesis and provide a synthetic explanation of inference. The resulting account simultaneously illustrates synthesis, addresses a prominent contemporary problem regarding the nature of inference, and explains how our capacity to know provides not just isolated glimpses of empirical reality, but a unified conception of it. (shrink)

Scientific inquiry takes onward course from the point where previous scientists had reached. But philosophical analysis initiates from scratch. Philosophy questions everything and chooses starting point for itself after having ruled out all the unsubstantiated and doubtful elements of the topic under study. Secondly, known realities must make sense. If a theory is officially 'counterintuitive', then either it is mere fiction or at the most; a distorted form of truth. This book's analysis is based on the philosophical principle that knowledge (...) is empirical and does not arise magically in absence of observational grounds. With philosophical approach, it was doubtful to accept that Georges Lemaître already knew Hubble's law in year 1927 that was yet to be found by Edwin Hubble in year 1929. Therefore this book started with denial of the claim that Lemaître already knew this law. But analysis of section I.III forced author to look the matter from original source and it came to surface that Lemaître knew this law in year 1927. But contrary to mainstream claim, Lemaître had not derived that law from general relativity (GR) equations rather had deduced from a method given by Hubble himself. Whereas whole case of the Big Bang Theory rests on misleading claim that Lemaître had derived this law solely from GR equations. The basis of this claim happened to be a manipulated translation (1931) of Lemaître's original 1927 article. People regard Big Bang Theory as truth because authoritative sources deceived them by presenting a manipulated translation in year 1931. This book is a philosophical analysis of original papers of Alexander Friedmann (1922), Georges Lemaître (1927), Edwin Hubble (1929) and Albert Einstein (1917) thus covers actual roots and origins of the Big Bang Model. In this book, only the core elements of the Big Bang Model i.e. 'Expansion of Universe' and 'CMBR' are covered. It has been sufficiently shown that 'expansion' is an illusion whereas CMBR is a proof that we live in a non-expanding infinite universe. If these two core elements of the standard Big Bang Model are precisely refuted then there is nothing crucial left with the standard model. For readers of this book at least, Big Bang Theory shall become a story of past mistakes. Author is not an authoritative source on science topics therefore readers must download all the above mentioned original papers and check all the points outlined in this book from relevant original papers. Unlike reading from an authoritative source that makes readers relaxed and careless but enables authorities to deceive them in worst way possible, this book requires readers to remain alert on all the points discussed in the book and verify everything from original sources whose links are given at the end of this description and also provided in footnotes section of the book. This book is not a judgment of the topic rather it is like a case presented by an advocate while readers are the judges. Readers are required to apply their own critical judgment to conclude the matter by themselves. After carefully reading this book, readers will also start taking 'authoritative sources' with due care and it will become difficult for the 'authorities' to deceive them again. (shrink)

This chapter offers non-retributive, broadly Kantian justifications of punishment and remorse which can be endorsed by free will skeptics. We lose our grip on some Kantian ideas if we become skeptical about free will, but we can preserve some important ones which can do valuable work for free will skeptics. The justification of punishment presented here has consequentialist features but is deontologically constrained by our duty to avoid using others as mere means. It draws on a modified Rawlsian original position (...) in which we assume we are just as likely to be among the punished when the veil of ignorance is raised as we are to be among those protected by the institution of punishment. The justification of remorse presented here is care-based, and draws on the value of sympathizing with people we have wronged, which has a Kantian ground in the duty to take others’ ends as our own. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

It is argued that the hard problem of consciousness, i.e. the fact that we have experience, stems from a conceptual confusion between consciousness and experience. It is concluded that experience has to be considered as a basic characteristic of ongoing interactions at even the most simple level, while consciousness is better defined as reflexive awareness, possible since symbolic language was developed. A dynamic evolutionary point of view is proposed to make more appropriate distinctions between experience, awareness and consciousness. Experience can (...) be defined as a characteristic linked closely to specific pattern matching, a characteristic which is already apparent at the molecular level at least. Awareness then can be regarded as the special experience of one or more central, final modules in the animal neuronal brain. From evolutionary considerations, awareness can be understood functionally and physiologically. As such, awareness is what experience is to animals. Finally, consciousness could be defined as reflexive awareness, instead of using the term as synonymous to awareness. The ability for reflexive awareness is distinctly different from animal and human awareness and depends upon the availability of a separate frame of reference, as provided by symbolic language. As such, words have made reflexive awareness - a specific and infrequent form of awareness - possible. Conciousness might be defined as the experience evoked by considering, i.e. thinking about experiences themselves. Explaining and understanding awareness and consciousness as evolved biological characteristics of the functioning of animals and later humans, poses no philosophical problems. The nature of experience itself remains elusive, but this is not a problem specific toawareness or consciousness. If there is a hard problem of explaining consciousness, than this actually must be considered as the hard problem of explaining experience. While the definition of experience could be broadened to include all molecular and biological pattern specific recognition events, the true nature of consciousness might be better understood when considering it as a very specific form of awareness, made possible by language. (shrink)

[This draft is dated November 2007. I wrote it while I was a fellow at the Center for 21st Century Studies at UW-Milwaukee, in 2005-06, and published it only on the Center's website as a working paper. Many of the core ideas in this paper wound up in "Receptivity and the Will," Nous 2009, "Assertion, Sincerity, and Knowledge," Nous 2013, and "Assurance and Warrant," Philosophers' Imprint 2014 -- though formulated rather differently. What follows is the original abstract.] This working paper (...) extends a project that I’ve been developing for several years on the role of trust, including self-trust, in rationality and personal autonomy. I’m interested equally in epistemic questions (what to believe) and in practical questions (how to act), though the present paper addresses only the former. In an earlier paper on the epistemic side of my project, “Telling as Inviting to Trust” (Philosophy and Phenomenological Research, May 2005), I offered an explanation of how you can get an entitlement to believe something simply by trusting someone when she tells you it’s so, the entitlement deriving not merely from the assurance but from the trustworthy character of the one who gives it. The present paper adapts my explanation of believing-on-another’s-word to belief as such, via the observation that you can’t form a belief without trusting someone’s judgment – if only your own. I view intrapersonal reasoning about what to believe as an internalization of the interpersonal cases I analyzed in that earlier paper. In each instance, belief-formation has a second-personal dynamic: an invitation to trust on one side, trusting acceptance of that invitation on the other. If I’m right, the dynamic at the heart of all belief manifests not autonomy but a trusting heteronomy, whereby you render yourself appropriately receptive to judgment – your own or another’s. (The idea that judging is inviting self-trust first occurred to me in 2002, but I didn’t get a chance to develop it properly till 2005-06, my fellowship year at the Center for 21st Century Studies. I appreciate the support.). (shrink)

The increasing standardization, specialisation and monetarization of academic publishing is designed to foster quality in research and expression. But these tendencies also pose serious challenges to the expression of cultural difference, particularly with regard to philosophy and religious studies. Scholars from various cultural backgrounds outside of mainstream universities often find themselves marginalised when the quality of their work is judged through the metrics of mainstream academic publishing. Smaller journals which give a forum to local research are gradually disappearing (...) or becoming irrelevant. The corporate control of publishing limits the access and distribution of information making it difficult for smaller regional universities to access and conduct research. But these challenges to the expression of cultural difference also reflect the deeper tendencies of the information age. To approach this problem, we need to consider the conflict between culture and spirit on the one hand, with the flows of information and capital on the other. I will introduce this problem through an idea of hermeneutics presented by George McLean. I will then discuss the approaches to this problem by such writers as Michel Serres, Jean Francois Lyotard, Giorgio Agamben and Jacques Derrida. I will show that these latter writers devise strategies to reach something outside of the cybernetic flows of information in the media age, but that their solutions are incomplete because they rely on intellectual concepts of redemption and ignore the concrete practices of spiritual redemption. The issue that cross-cultural journals must consider is how to emphasize something beyond the merely intellectual; how to amplify practice within its expression. I will address this issue in the spirit of a poem by Emily Dickinson entitled “Publication – is the Auction” which supplies the title of this essay. (shrink)

Cognitivism about the emotions is the view that emotions involve judgments (or quasi-judgmental cognitive states) that we could, in principle, articulate without reference to the emotions themselves. D’Arms and Jacobson (2003) argue that no such articulation is available in the case of “possessive” emotions, such as pride and guilt, and, so, cognitivism (in regard to such emotions, at least) is false. This article proposes and defends a cognitivist account of our partiality to the objects of our pride. I argue (...) that taking pride in something requires judging that your relation to that thing indicates that your life accords with some of your personal ideals. This cognitivist account eschews glossing pride in terms of one’s “possession” of what one is proud of and, so, escapes D’Arms and Jacobson’s critique. I motivate this account by critically assessing the most sophisticated possession-based account of pride in the literature, found in Gabriele Taylor (1985). (shrink)

The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

The dominant theory of judgment in 1870 was one or other variety of combination theory: the act of judgment is an act of combining concepts or ideas in the mind of the judging subject. In the decades to follow a succession of alternative theories arose to address defects in the combination theory, starting with Bolzano’s theory of propositions in themselves, Brentano’s theory of judgment as affirmation or denial of existence, theories distinguishing judgment act from judgment content advanced by Brentano’s (...) students Twardowski, Husserl and Meinong, and finally, Adolf Reinach’s addition of a linguistic dimension to the Brentano-Husserlian theory of judgment – an account of judgments as ways of doing things with words in what Reinach called ‘social acts’. (shrink)

Preface/Introduction: The question under discussion is metaphysical and truly elemental. It emerges in two aspects — how did we come to be conscious of our own existence, and, as a deeper corollary, do existence and awareness necessitate each other? I am bold enough to explore these questions and I invite you to come along; I make no claim to have discovered absolute answers. However, I do believe I have created here a compelling interpretation. You’ll have to judge for yourself. -/- (...) What follows is the presentation of three essays I have worked on over the past several years seeing publication for the first time. “Hollows of Experience” was written first as an invited chapter for a collection on the ontology of consciousness. However, when cuts became necessary, my chapter got the knife. Its length has prohibited it from publication in any print journal. “Myth and Mind” was written next as a journal article, but as my involvement with it grew so did its length, so it has also idled on my websty awaiting its call. “From Panexperientialism to Conscious Experience” was written most recently, but it is the only one to have been available to the public elsewhere than my own website. Under the name, “The Continuum of Experience”, it was Target Article #95 on the recently closed Karl Jaspers Forum (for discussion purposes only). -/- I have put them in a different sequence here, for reasons of logical sense. Up first, “Panexperientialism” deals with an idea difficult for many to accept, namely that conscious experience is a particular mode of symbolically reflected experience that is largely unique to our species. However, I aver that experienced sensation in itself (as found, for example, in autonomic sensory response systems) goes “all the way down” into nature, and thus the title, panexperientialism. -/- Understanding this idea is helpful to dealing with the focus on language in Part I of “Hollows”, next, since here speech and general symbolic interaction in general are found to be the catalysts for the creation of our consciously experienced world (our “lived reality”). In Part II, however, I explore how experienced sensations must be coeval with existence, and, with even greater temerity, how all this sensational existence might have arisen within some literally inconceivable background of awareness-in-itself that yet has a dynamism that occasionally breaks into existence as experiential events and entities. (The latter may sound wacky, but physicists and cosmologists are themselves attempting to come to terms with that which seethes with vast potential energy in what they refer to as the quantum vacuum.) -/- “Myth and Mind” was put third since it deals with a major lacuna in “Hollows” — that presumed prehistoric period when members of our species made the painful crossing of the symbolic threshold into the beginnings of cultural consciousness. Speech plays a central role here, too, but I look more at narrative structures from the dawn of self-awareness when ritual and myth became vital to human survival. Why would fantastic stories and bizarre rituals be necessary? I speculate that growing foresight led to the unavoidable realization of certain mortality, from which, in turn, emerged the secondary realization that we were now alive. In contrast to our yet-to-come death, we have life here and now, and by ritually identifying with a symbolically expanded mythic, i.e., sacred, reality, we may continue to live on after bodily death, just as our ancestors and loved ones must also do. Language and mythmaking are necessary to avoid mortal despair and they remain at the core of human consciousness. -/- As Ernst Cassirer (1944) has noted, language and myth are “twin creatures”, both metaphoric webs over a reality we can never wholly comprehend. We live in the symbolic and construct our works of imagination and wars of conquest to make life meaningful, to feel immortal, and to sense that we ourselves participate in a reality greater than ourselves. No doubt we do, but this does not mean our culturally constructed self-identities survive the death of our bodies, and it does not imply that our symbolic concepts can ever indicate the ultimate truth. We simply must symbolize an extended reality that was sacred to our ancestors: “Is it not our way, as illusory as it may be, to force continuance on our world and our life in the face of their inevitable ending? Are we not compelled to extend those imaginary horizons as far as we can despite the terror and the sometime joy their extension incites? Is their closure not a form of death?” (Crapanzano, p. 210) -/- Of course, this leaves me in the uncomfortable position of being forced to admit that this venture of mine must inevitably be another attempt at meaningful mythmaking. But what else could it be? This is certainly not a scientific proof though it is indeed an academically rigorous exploration. (Just try to count the citations!) I hope the reader will judge my thesis on the basis of its coherence, the sense of meaning it evokes, my intellectual responsibility, and, finally, the engagement it inspires. If you have read my expositions and found yourself immersed in the timeless questions I here call forth, I would call these writings successful (even if you violently disagree with my answers). -/- I am very grateful to Huping Hu for granting me this special issue of JCER in which to present my ideas in some detail. He has patiently dealt with my exuberant approach and allowed the many changes I kept coming up with right until the final publication date. I also wish to thank the many potential commentators who politely replied to my invitation, and, even more, I thank those who made time to write actual commentaries. -/- References -/- Cassirer, E. (1944). An Essay on Man: An Introduction to a Philosophy of Human Culture. New Haven/London: Yale UP. -/- Crapanzano, V. (2004). Imaginative Horizons: An Essay in Literary-Philosophical Anthropology. Chicago: U of Chicago Press. -/- Gregory M. Nixon University of Northern British Columbia Prince George, British Columbia, Canada Email: [email protected] Websty: http://members.shaw.ca/doknyx. (shrink)

During the eighteenth century, German philosophers wrote on a broad range of topics in moral philosophy: from meta-ethical issues such as the nature of obligation, to elaborate systems of normative ethics (often in the form of a doctrine of duties to self, others, and God), to topics in applied ethics such as the permissibility of the death penalty and censorship. Moral philosophy was also intimately related to the modern natural law tradition at the time, as well as to discussions taking (...) place in theology and psychology, to name only a few other disciplines. As a result, it is often hard to isolate eighteenth-century German moral philosophy without addressing a whole host of other philosophical subjects. There are nonetheless certain central topics that were discussed by nearly every major figure of the period and which therefore serve as a window into how German philosophers approached moral philosophy during the eighteenth century. In this chapter I illustrate that one such topic is the principle of morality; namely what philosophers took to be the supreme norm at the foundation of judging actions to be morally good or evil. As we will see, although several figures approached this principle in a broadly similar way by identifying “perfection” as the central concept at work, they differ considerably with respect to important details. Furthermore, certain common threads reveal themselves: philosophers differ not only with respect to the content of the principle, but also with respect to the way in which it can be derived, how particular duties can in turn be derived from the supreme principle, and how the principle can be formulated. I begin by outlining Christian Wolff’s influential principle of perfection (Section 1), followed by a consideration of Alexander Gottlieb Baumgarten’s subtle revision of this principle (Section 2) and Christian August Crusius’s theological alternative (Section 3). I then briefly consider the impact that the reception of eighteenth-century British philosophy had on German moral philosophy during the second half of the eighteenth century (Section 4), before considering Moses Mendelssohn’s and Immanuel Kant’s answers to the 1763 Prize Essay Question (Section 5) and Johann August Eberhard’s unique mixture of rationalism and empiricism from the early 1780s (Section 6). I conclude (Section 7) with a brief discussion of Kant’s approach to the principle of morality and the principle of happiness proposed against it by his early empiricist critics. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

BACKGROUND Patients with chronic pain face significant barriers in finding clinicians to manage long-term opioid therapy (LTOT). For patients on LTOT, it is increasingly common to have them sign opioid treatment agreements (OTAs). OTAs enumerate the risks of opioids, as informed consent documents would, but also the requirements that patients must meet to receive LTOT. While there has been an ongoing scholarly discussion about the practical and ethical implications of OTA use in the abstract, little is known about how clinicians (...) use them and if OTAs themselves modify clinician prescribing practices. OBJECTIVE To determine how clinicians use OTAs and the potential impacts of OTAs on opioid prescribing. DESIGN We conducted qualitative analysis of four focus groups of clinicians from a large Midwestern academic medical center. Groups were organized according to self-identified prescribing patterns: two groups for clinicians who identified as prescribers of LTOT, and two who did not. PARTICIPANTS 17 clinicians from General Internal Medicine, Family Medicine, and Palliative Care were recruited using purposive, convenience sampling. APPROACH Discussions were recorded, transcribed, and analyzed for themes using reflexive thematic analysis by a multidisciplinary team. KEY RESULTS Our analysis identified three main themes: (1) OTAs did not influence clinicians’ decisions whether to use LTOT generally but did shape clinical decision-making for individual patients; (2) clinicians feel OTAs intensify the power they have over patients, though this was not uniformly judged as harmful; (3) there is a potential misalignment between the intended purposes of OTAs and their implementation. CONCLUSION This study reveals a complicated relationship between OTAs and access to pain management. While OTAs seem not to impact the clinicians’ decisions about whether to use LTOT generally, they do sometimes influence prescribing decisions for individual patients. Clinicians shared complex views about OTAs’ purposes, which shows the need for more clarity about how OTAs could be used to promote shared decision-making, joint accountability, informed consent, and patient education. (shrink)

Presented at the 2010 Annual Meeting of the Association for Core Texts and Courses, New Brunswick, New Jersey, USA, April 2010. -/- René Descartes’ Discourse on Method is paradoxical in several respects: it was published anonymously, yet is rich in autobiographical detail; further, Descartes insists that “the power of judging well and of distinguishing the true from the false…is naturally equal in all men,” and also that “the world consists almost exclusively of … minds for whom [his method of reasoning] (...) is not at all suitable” (1, 9). The Discourse indicates both that the identity of a particular reasoning subject (such as the author of the text itself) does not matter—because all rational beings could come to the same conclusion if using their reason correctly—and yet also that who one is does indeed matter to showing that one counts as one of the select group of subjects who possess knowledge. The method and its results do not speak for themselves; rather, the author must speak for them, and legitimize his authority in the process. If it were the case that Descartes’ plan did not go beyond “trying to reform [his] own thoughts and building upon a foundation which is completely [his] own” (9), then he might rest content with his own convictions regarding the truth of his conclusions, but if he wants to be recognized by others as possessing knowledge then he must either appeal to existing standards of authority to legitimize his method and its conclusions, or argue for the validity of new ones. Either way, the Discourse demonstrates Michel Foucault’s claims that knowledge production is bound up in a social context that determines what counts as true knowledge and who has the authority to speak about it. Descartes’s text shows an author both boldly presenting revolutionary arguments and methods and revealing his awareness of the difficulties and dangers of resisting the accepted standards of knowledge. It can be used to spark discussion amongst students about whether, even if we believe anyone’s reason might produce knowledge, it is still the case today that only some count as “knowers” according to criteria that are socially determined (e.g., institutional affiliation, status within an institution, the acceptability of certain sorts of projects and methods as legitimate for knowledge). (shrink)

The dominant theory of judgment in 1870 was one or other variety of combination theory: the act of judgment is an act of combining concepts or ideas in the mind of the judging subject. In the decades to follow a succession of alternative theories arose to address defects in the combination theory, starting with Bolzano’s theory of propositions in themselves, Brentano’s theory of judgment as affirmation or denial of existence, theories distinguishing judgment act from judgment content advanced by Brentano’s (...) students Twardowski, Husserl and Meinong, and finally, Adolf Reinach’s addition of a linguistic dimension to the Brentano-Husserlian theory of judgment – an account of judgments as ways of doing things with words in what Reinach called ‘social acts’. (shrink)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to (...) its philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

Since ancient times, legal systems have held owners responsible for harm caused by their property. Across 4 experiments, we show that children aged 3–7 also hold owners responsible for such harm. Older children judge that owners should repair harm caused by property, and younger children may do this as well. Younger and older children judge that owners should apologize for harm, even when children do not believe the owners allowed the harm to occur. Children are also as likely to hold (...) owners responsible for harm caused by property as for harm caused by the owners themselves. The present findings contribute to psychological accounts of ownership by showing that ownership not only confers rights to control property, but also responsibility for harm caused by property. The findings also contribute to our understanding of the attribution of responsibility, and challenge accounts claiming that directly causing harm, or allowing it to happen, is a prerequisite for responsibility. The findings provide support for an account claiming that property is an extension of its owner, and likewise reveal that responsibility for harm caused by property is an early developing aspect of the psychology of ownership. 2018 APA, all rights reserved). (shrink)

In the opening chapter of his Essay Concerning Human Understanding, John Locke explains that the self-understanding or self-measure of the human mind includes an account of the mind’s limits, and so the mind’s self-understanding can provide adequate grounds for intellectual self-moderation or self-control: “If we can find out, how far the Understanding can extend its view; how far it has Faculties to attain Certainty; and in what Cases it can only judge and guess, we may learn to content our selves (...) with what is attainable by us in this State.” Furthermore: “If we can find out those Measures, whereby a rational Creature put in that State, which Man is in, in this World, may, and ought to govern his Opinions, and Actions depending thereon, we need not be troubled, that some other things escape our Knowledge.” Compared to Locke’s Essay Concerning Human Understanding, Fichte’s Wissenschaftslehre may appear to exemplify the very opposite of intellectual modesty and self-control. Unlike Locke, Fichte argues that a true system of knowledge should not seek to limit or moderate itself by reference to what is allegedly unknowable outside of it. A true system of knowledge, writes Fichte, “. . . only has to agree with itself. It can be explained only by itself, and it can be proven - or refuted - only on its own terms.” Furthermore, Fichte suggests that an appreciation of his system of knowledge requires not modesty in his readers, but rather an implicit sense of superiority: “I wish to have nothing to do with those who, as a result of protracted spiritual servitude, have lost their own selves and, along with this loss of themselves, have lost any feeling for their own conviction . . .” In this essay, I shall seek to show that, contrary to initial impressions, it is Fichtean idealism, and not Lockean (or any similar) realism, that is truly modest. According to my account, Locke’s explicit declarations concerning the modesty and limitedness of his own project exhibit a certain ignorance concerning the genuine problems at issue. In his claim to be modest, the realist Locke professes to know more than he actually does, and thus manifests his own immodesty. By contrast, the idealist Fichte must refrain from such direct claims to modesty and must appear to be immodest, precisely because he has a greater understanding of how radically limited human knowledge always is. Like Plato’s Charmides, Fichte realizes that any explicit claim to self-limitation and self-moderation would actually give lie to itself. (shrink)

What is the scope of our conscious mental agency, and how do we acquire self-knowledge of it? Both questions are addressed through an investigation of what best explains our inability to form judgemental thoughts in direct response to practical reasons. Contrary to what Williams and others have argued, it cannot be their subjection to a truth norm, given that our failure to adhere to such a norm need not undermine their status as judgemental. Instead, it is argued that we cannot (...) form judgements at will because we subjectively experience them as responses to epistemic reasons, and because this is incompatible with our experiential awareness of direct mental actions, such as instances of imagining. However, this latter awareness does not extend to indirect agency, which relies on epistemic or causal processes as means. Judging may therefore still count as an indirect action - just like, say, breaking a window by throwing a stone. (shrink)

The realistic alternatives to the kantian transcendental idealism, inso- far as they “categorematically” conceive the thinking subject, show themselves inconsistent with the critical treatment. We will try to determine here the detachment acquired by the critical philosophy in relation to transcendental realism due to the peculiar treatment given to the logical functions, categories and, consequently, to the very unity of apperception involved in all judging.

Bad philosophy is responsible for the climate and nature crises, and other global problems too that threaten our future. That sounds mad, but it is true. A philosophy of science, or of theatre or life is a view about what are, or ought to be, the aims and methods of science, theatre or life. It is in this entirely legitimate sense of “philosophy” that bad philosophy is responsible for the crises we face. First, and in a blatantly obvious way, those (...) institutions, organizations, corporations, businesses, endeavours, and activities of humanity that cause the crises and global problems we face, do so because of the aims they pursue (profit perhaps, or power, or heat and light for homes), and the methods adopted in pursuit of those aims – the philosophy in other words, built into the institution, organization, business, human activities, or whatever it may be. It is the philosophy of these institutions, organizations and activities that we need to change to put a stop to, or at least lessen the severity of, the crises we face, the global problems that confront us, above all the climate and nature crises. One institution has an especially crucial role in this respect: our universities. They are dominated in a multitude of ways by a particularly disastrous philosophy, a philosophy of inquiry which may be called knowledge-inquiry. This holds that the basic aim of the university is to acquire and apply knowledge. First, knowledge is to be acquired; once acquired, it can be applied to help solve social problems. But this philosophy of knowledge-inquiry is an intellectual disaster. As a result, universities are, in devastating and almost entirely unrecognized ways, humanitarian disasters too. Judged from the standpoint of helping to promote human welfare, the university shaped by the philosophy of knowledge-inquiry violates THREE of the four most elementary rules of rational problem solving conceivable in a wholesale, structural fashion, and it is this gross, wholesale, structural irrationality of the university, unnoticed by all but a few scientists and scholars, that is in part responsible for the creation of our grave global problems, and our current incapacity to learn how to solve them. The pursuit of knowledge, conducted in universities, within the framework of knowledge-inquiry over the decades and centuries, has produced much of great benefit to humanity. It has made the modern world possible. It has led to modern power production, modern industry and armaments, modern agriculture, modern hygiene and medicine, modern travel and communications, and the internet. But these very successes have also created many of our most serious current global problems: the climate crisis; the destruction of natural habitats, the catastrophic loss of wild life, and impending mass extinction of species (the nature crisis); the lethal character of modern war; the impact on the natural world of the rapid growth of the human population; the menace posed by nuclear weapons; pollution of earth, sea and air; threats to democracy caused in part by the internet and social media. All these grave global problems have been made possible by modern science and technology, pursued largely in universities within the framework of knowledge-inquiry. Nevertheless, it is not science and technology as such that are the problem, but science pursued in a way that is dissociated from a more fundamental task of the university to help humanity resolve conflicts and problems of living in increasingly cooperatively rational ways, so that progress may be made to a better world. Science and technology, pursued within the framework of knowledge-inquiry, create for some of us the power to act, but not the power to act wisely – not the power to learn how to resolve conflicts and problems of living in increasingly cooperatively rational ways. For that, we need our institutions of learning, above all our universities, to take as their primary task to help humanity learn how to do it. In order to do that, the philosophy of inquiry put into practice by universities needs to be dramatically transformed. We urgently need to bring about a revolution in the overall aims and methods of academic inquiry – a revolution in the philosophy of the university, all around the world, wherever possible, so that the basic aim becomes to seek and promote wisdom, construed to be the capacity, active endeavour, and perhaps desire, to realize what is of value in life, for oneself and others, wisdom in this sense including knowledge, understanding and technological know-how, but much else besides, methods being dramatically modified too so as to help achieve the new academic aim. The basic task of the university would be, not to solve problems of knowledge, but rather to help people in the social world beyond the university to resolve conflicts and problems of living so that what is of value in life may be realized by everyone, insofar as that is possible. The pursuit of knowledge would be vital, but not intellectually fundamental. The intellectual and institutional revolution we so urgently need in our universities would affect every discipline and aspect of the university; it would dramatically affect both research and education, and the whole way the university is related to the rest of the social world. The revolution, from knowledge-inquiry to wisdom-inquiry would dramatically enhance the intellectual integrity and rationality of natural science, social inquiry, the humanities and technology, the character of these disciplines and the relationships they have with one another. University education throughout the university would be dramatically improved. And academic inquiry as a whole would do what, on the whole, it fails to do at present: it would help humanity resolve conflicts and problems of living in increasingly cooperatively rational and, as a result, increasingly successful ways, progress at last being made to a genuinely good, civilized world – a world in which there is peace, justice, liberal democracy, individual freedom, education, reasonable equality, sustainable prosperity and worthwhile opportunities in life, all of these for everyone, insofar as this is possible. Why, it may be asked, has academic philosophy not noticed that we urgently need to transform the current bad philosophy of inquiry of knowledge-inquiry into the far more intellectually rigorous and humanly valuable philosophy of wisdom-inquiry, so that we can begin to do what so far we have failed to do so lamentably: learn how to avoid impending disasters, and even make progress to a better world, something that seems at present almost unthinkable given the horrors of war, poverty, political enslavement of the 20th century, and the horrors of this century so far too? The answer is that academic philosophy is in a particularly pitiful state, as philosophers themselves, are just beginning to realize and lament. That is why academic philosophers are blind to the intellectual and humanitarian disaster of the bad philosophy that dominates universities today, and inconceivable to them to them that they might have, as a disciplinary task, to ensure academic inquiry implements a good philosophy of inquiry, and advocate and argue for change if it does not. Once upon a time, in Europe at least, philosophy was an intellectual power in the world. In the 17th century it created modern science which massively increased and improved our knowledge and understanding of the world, which in turn led to the Enlightenment, the industrial revolution, and the modern world. Philosophy was once so intellectually powerful and influential that it changed the course of history. But philosophy also made in the past three disastrous intellectual blunders: the post-Cartesian blunder, the post-Newtonian blunder, and the Enlightenment blunder. Never acknowledged and corrected by subsequent philosophy right down to the present, these unrecognized intellectual blunders rendered academic philosophy the esoteric, pathetic, and powerless discipline it is today, so that throughout the last century and, so far, throughout this one, academic philosophy has remained blind to the intellectual disaster of knowledge-inquiry, and thus failed entirely to take up its proper disciplinary task of warning fellow academics of the structural irrationality of the philosophy that prevails in the university, and of proposing what steps need to be taken to put things right. Instead of performing such an urgently needed philosophical task, so-called analytic philosophy was reduced to analysing the meaning of words. Since then, there has been hardly any discernible improvement, even if analysis of concepts no longer dominates the scene. Bad academic philosophy is indeed responsible for intellectual and humanitarian failures of the university. What the three past intellectual blunders of philosophy are, why their persistence so dramatically reduces academic philosophy to a triviality, and why, furthermore, this results in the failure of scientists and scholars to see what is so blatantly bad about the philosophy prevailing in universities around the world – the failure to see what so urgently needs to be done to put right what has been wrong for so long: all this is made clear in this book. A new kind of philosophy emerges during the course of the argument, critical fundamentalism, which has as its task to keep alive imaginative and critical – that is rational – thinking about our fundamental problem: How can our human world, the world we experience and live in – the world of living things, people, consciousness, free will, meaning and value – how can all of this exist and best flourish embedded as it is in the physical universe? That problem encompasses all others of life, science and thought. Critical fundamentalism tries to improve answers to aspects of this problem; but it also seeks to encourage everyone to think about the problem, from time to time, and think about how it interacts, in both directions, with more urgent particular and specialized problems of life and thought. Critical fundamentalism sets out to help improve bad philosophy wherever it is to be found: in social, political, commercial, legal, financial, and international life; and especially in academia, in institutions of learning, so that they become devoted to enhancing the capacity of people to learn how to achieve what is of genuine value in this brief life of a few decades if we are fortunate. Critical fundamentalism does everything it can to bring about the revolution in our universities we so urgently need. If taken up by mainstream philosophy, it might really have an impact, and begin to transform universities for the better, in both intellectual and humanitarian terms, and thus, enable humanity to learn how, after the grim failures and horrors of the last century and this one, to make progress to a better world. -/- . (shrink)

The dominant theory of judgment in 1870 was one or other variety of combination theory: the act of judgment is an act of combining concepts or ideas in the mind of the judging subject. In the decades to follow a succession of alternative theories arose to address defects in the combination theory, starting with Bolzano’s theory of propositions in themselves, Brentano’s theory of judgment as affirmation or denial of existence, theories distinguishing judgment act from judgment content advanced by Brentano’s (...) students Twardowski, Husserl and Meinong, and finally, Adolf Reinach’s addition of a linguistic dimension to the Brentano-Husserlian theory of judgment – an account of judgments as ways of doing things with words in what Reinach called ‘social acts’. (shrink)

Today every organization is acting in a dynamic environment and in a world characterised by turbulent change and fierce competition due to technological advancement and the knowledge based economy, an organization must always ready to adapt and transform themselves so as to be able to confront the shifting needs of the new environment, more demanding customers, smarter workers, anticipating ability to changes, accelerating the development of new products, processes and services, changing technologies and customer expectations, businesses have realised the (...) importance of Customer Relationship Management in acquiring new customers, retain existing ones and maximize their lifetime value. The wide spread availability of the internet across the world has led airlines to use their corporate web-sites to bypass travel intermediaries and focus on online communication, information and transaction. The paper considers five dimensions of Web site quality-usability, web site design, service quality, information quality and enjoyment on a sample of 150 respondents from four airlines namely, Air India, Spicejet, Indigo and Jet Airways. Respondents consisted of 40 employed, 80 business men and 30 students. Overall, the majority of respondents are frequent, experienced Internet users and likely to be relatively good judges of Web quality. Analysis of results shows that customers’ priority about airlines website are changing. As the self-service, no-frills and low-cost trend for air travel has grown in recent years, so consumers have been driven less by service quality and more by easy access to good information packaged in an entertaining and fun "wrapper'. More over the airlines have pursued different strategies for their Web sites over the period of study .Air India rated badly for service quality and Jet Airways and Spice jet scored high on service and information quality. The paper suggests that careful management and selection of subjects to be placed on web site can retain the customers and reduce switching intentions. (shrink)

Thought (νοῦς) for Aristotle is ‘that whereby the soul thinks and judges.’ This identity, however, ‘is not actually any real thing before thinking’ (ἐνεργείᾳ τῶν ὄντων πρὶν νοεῖν) and, thus, cannot reasonably be regarded as blended with the body and cannot acquire any quality or have any organ. (So., Γ, 4, 429a22-27) In fact, Aristotle defines thought more with a capability: ‘That which is capable of receiving the object of thought, i.e. the substance, is thought.’ (Met., Λ, 1072b22-23) Thought is (...) not blended with and, thus, is separable from body. (So., Γ, 4, 429b4-5) This separability, however, belongs only to the active thought. (So., Γ, 5, 430a17-19) A. Nature of thought ‘Since everything is a possible object of thought,’ Aristotle believes, as Anaxagoras believed before him, in order to know things, mind ‘must be pure from all admixtures.’ The reason for this being that ‘the co-presence of what is alien to its nature is a hindrance and a block.’ Therefore, thought ‘can have no nature of its own other than that of having a certain capacity.’ (So., Γ, 4, 429a18-22) B. Thought elements A thought element, i.e. an element/object in thought or a concept (νόημα) has the following features: 1. Every thought element or concept (νόημα) is single (ἓν). This singularity is not restricted to substances because the concept of any other thing is single as well. (Met., A, 990b22-27) 2. Concepts (νόηματα) of thought are either simple or complex. Simple concepts do not involve truth or falsity but complex ones do. Aristotle speaks of ‘thoughts without co-positing and positing away’ (ἄνευ συνθέσεως καὶ διαίρέσεως νοήματι) to which nouns and verbs are similar. (OI., I, 1, 16a13-14) In OI., I, 1, 16a9-11 Aristotle does not use the words simple or complex but his assertion implies them: ‘As there are in the mind thoughts (νόημα) which do not involve truth or falsity, and also those which must be either true or false, so it is in speech.’ 3. The copula-is has no corresponding concept in thought: ‘For neither are ‘to be’ and ‘not to be’ the participle ‘being’ significant of any fact, unless something is added; for they do not themselves indicate anything, but imply a copulation, of which we cannot form a conception apart from the things coupled.’ (OI., I, 3, 16b22-25) C. Thought and its objects To understand Aristotle’s theory of thought, we have two differentiations, one between objects of thought and one in thought itself. Everything that might be posited in front of our thought and be thought as a possible object of thought we call object I (to distinguish it from what we call object II). Therefore, everything in the world is an object I of thought. These objects are in the sensible forms, viz. both the abstract objects and all the states and affections of sensible things. (So., Γ, 8, 432a3-6) These objects might be either composite, containing matter and form, or simple and matterless. When they are thought, we will have them in thought but not necessarily as they are in the world, i.e. as object I, but as something else, which we call object II. This is supposed to make the difference between object I and object II clear: object I is in the world and object II is its corresponding object in our thought. These two kinds of objects are neither necessarily the same nor necessarily different. Objects I are of two kinds: matterful and matterless. Whereas a matterful object I is necessarily different from its corresponding object II (So., Γ, 4, 430a6-9), a matterless object I is not different from its corresponding object II. (So., Γ, 4, 430a2-5; Met., Λ, 1075a3-4) Object II must thus be understood as the form of object I: ‘The thinking part of the soul must therefore be, while impassible, capable of receiving the form of an object; that is, must be potentially identical in character with its object without being the object.’ (So., Γ, 4, 429a13-16) Thought has no nature by its own and is all potentiality before thinking. (cf. So., Γ, 4, 429b6-10) Let’s call this the first potentiality of thought. This potentiality is the potentiality of a tabula rasa: ‘Thought is in a sense potentially whatever is thinkable, though actually it is nothing until it has thought? What it thinks must be in it just as characters may be said to be on a writing-table on which as yet nothing actually stands written: this is exactly what happens with thought.’ (So., Γ, 4, 429b29-430a2) Thought is then all dependent on its objects. By thinking on objects I, objects II are formed in thought. Now thought is nothing but its objects II which are necessarily matterless objects (Met., Λ, 1075a5-7): ‘In every case the thought which is actively thinking is the objects which it thinks.’ (So., Γ, 7, 431b16-17) Thought is the same as its objects II and in the case of matterless objects I, it is the same as its objects I. (Met., Λ, 1075a3-5) This thought is actual compared to its first potentiality: while it was all potentiality in its first potentiality, it now contains some objects II and is then actual. It seems we must interpret Aristotle based on this sense of actuality when he calls a thought possessing object as active: ‘For that which is capable of receiving the objects of thought, i.e. the substance, is thought. And it is active when it possesses this object.’ (Met., Λ, 1072b22-23) This thought, however, is called passive thought due to a second potentiality: ‘When thought has become each thing in the way in which a man who actually knows is said to do so (this happens when he is now able to exercise the power on his own initiatives). Its condition is still one of potentiality, but in a different sense from the potentiality which preceded the acquisition of knowledge by learning or discovery; and thought is then able to think of itself.’ (So., Γ, 4, 429b6-10) It is this thought in its second potentiality that Aristotle calls passive thought distinguishing it from active thought: ‘And in fact thought … is what it is by virtue of becoming all things, while there is another which what it is by virtue of making all things: this is a sort of positive state like light; for in a sense light makes potential colors into actual colors.’ (So., Γ, 5, 530a14-17) These two thoughts have a relationship like the relationship between matter and productive cause: ‘Since in every class of things, as in nature as a whole, we find two factors involved, a matter which is potentially all the particulars included in the class, a cause which is productive in the sense that it makes them all (the latter standing to the former, as e.g. an art to its material), these elements must likewise be found within the soul.’ (So., Γ, 5, 430a10-14) To understand Aristotle’s sense of active thought we must consider his theory of thinking. 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Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...) perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

Truth seems to be an indispensable element of authority which presents itself as being based on more than just power and efficiency. In the domain of law,there is not only and primarily the problem of establishing the truth about the facts which are to be judged; there is also the problem of norms—does their authority rest solely on the act of establishing them, or is there “something behind”, a truth which contributes to the strength of law, and which provides (...) legitimacy to both legislator and to the legal norms themselves. In theoretical reflection, the very possibility of talking about true norms or true evaluations is under challenge, and this view dominates in the academic education of lawyers and other professionals. At the basis of this project lies the conviction that the problem of true norms, and the more general problem of the place of truth in law, is worth re-examining. In the course of such a re-examination, it is also worth returning to certain points in the tradition of thinking about the foudations of law. In the tradition recalled by the papers presented here—by both Italian and Polish authors—a prominent place is occupied by Polish thinkers such as Leon Petrażycki, Czesław Znamierowski, and Zygmunt Ziembiński. The book consists of three major parts. The titles—Tradition, Theory, Practice mark important points of reference in the reflection on truth in the context of law. The contributions relate to these points in different degrees, and each, though placed in one of these parts, also refer to the others. (shrink)

We contest the unsubstantiated assumption of both materialists and non-materialist that the ontological status they propose applies to all humans and that the competing claim is false for all - ie we reject both the claim of non-materialists that all humans share the same fundamental aspect of having a "non-material consciousness" (nmc), as well as the contrasting claim of materialists that none do (being fully material as according to eliminative materialists/reductive physicalists etc). Instead, the basic proposition of this paper, our (...) ‘ontological conecture’ (OC) - an updated version of our 1998 website article “Mindless Materialists” - is that the central tenets of proponents on both sides are true, but only regarding themselves. A signature feature of nmc is that brains associated to it are capable of knowing of its existence directly, and as a corollary we would propose that if a sophisticated brain does not know it is associated to nmc then most likely this is because it is in fact not so associated. Thus, in accordance with our OC we will consider a brain’s statements on this issue (that it does or does not possess nmc) as not merely its ‘philosophical position’ but as an authoritative statement, a reflection of an ontological fact. Furthermore, we propose that only those who possess nmc are capable of understanding what it is, so that although they are well-qualified to know directly that they themselves possess it, in contrast those who lack nmc and possess only material consciousness (mc) cannot even comprehend what non-materiality means - they will understandably tend to consider it a non-existent absurdity, which contention would be quite correct in a purely-material reality, such as they effectively inhabit. -/- Terminology reflecting ontological status: Since according to our OC those brains which categorize themselves as non-materialists are presumed to indeed be associated to nmc, for usefulness in phraseology we’ll refer to people whose brain is so associated as being nmc’s (not merely “espousing nmc”). Materialists say they are conscious but that theirs is a material consciousness (abbrev: “mc”) , and since according to our OC we accept this self-determination we will refer to them as being “mc’s” or being materialist (not merely “espousing materialism”). -/- Are materialists mindless or are non-materialists delusional? Notoriously, it is impossible to prove that one possesses nmc (which is a sort of corollary to the fact that it is directly self-known) - being non-material, nmc cannot be detected via the scientific method. However just as those with nmc cannot prove they possess it so too one cannot prove or determine via measurement that materialists do not possess it. Nevertheless we feel that our OC is the simplest solution to the conundrum of how there are materialists if a brain can directly sense its associated nmc. In sum, although of course it is impossible to prove that any particular person possesses or lacks nmc, given all the above our OC considers - as stated by the title of this paper - a brain’s self-identification as "materialist" or “non-materialist” (dualist, panpsychist, idealist etc) as reflecting the absence or presence of an associated real non-material awareness/consciousness, rather than merely as a statement of a philosophical stance. An alternative solution is implicit in the above - that all humans possess nmc just that materialists are those whose brains lack the awareness of theirs, or that the brain-aspect which communicates to others has no access to it. -/- Towards developing more constructive dialogue between mc’s/nmc’s, and greater self-confidence and independence among nmc’s in the face of materialist dominance of the intellectual-climate: A large part of the overall paper is devoted to not just pointing out the futility of communication of the sort usually engaged in - ie based on the erroneous underlying assumption that both sides of the debate are ontologically the same - but also suggesting ways to make the debate less frustrating by a recognition of the OC. Greater clarity in discussions can be achieved partly via a deeper understanding of the different meanings the same term might have to nmc’s/mc’s and suggestions relevant the construction of a sort of translation algorithm to utilize in discussions (as a simple example, substituting ‘higher-level cognitive material brain-processes’ for ‘mind’ when that term is used by an mc); by the frank statement by nmc’s engaged in dialogue with mc’s that the existence of nmc is not up for discussion; by learning how the existence of our nmc colors the meaning we give to certain terms in ways we were not aware of, meanings which are absent for mc’s; and in general via the recognition by the nmc that the dialogue is with a person lacking nmc. -/- Perhaps materialists are right: In the interest of ‘reciprocity’, the paper also offers an alternative/opposing view to the central proposition, to the effect that the materialist claim is correct, and it is a defect of brain wiring or structure which is the source of an active illusion of "self-awareness" underlying the philosophical claims of non-materialists. A prospective source of this illusion is offered - an analog of the sense of presence experienced during ‘sleep paralysis’. (shrink)

Although religious belief is often claimed to help with physical ailments including pain, it is unclear what psychological and neural mechanisms underlie the influence of religious belief on pain. By analogy to other top-down processes of pain modulation we hypothesized that religious belief helps believers reinterpret the emotional significance of pain, leading to emotional detachment from it. Recent findings on emotion regulation support a role for the right ventrolateral prefrontal cortex, a region also important for driving top-down pain inhibitory circuits. (...) Using functional magnetic resonance imaging in practicing Catholics and avowed atheists and agnostics during painful stimulation, here we show the existence of a context-dependent form of analgesia that was triggered by the presentation of an image with a religious content but not by the presentation of a non-religious image. As confirmed by behavioral data, contemplation of the religious image eneabled the religious group to detach themselves from the experience of pain. Critically, this context-dependent modulation of pain specifically engaged the right VLPFC, whereas group-specific preferential liking of one of the pictures was associated with activation in the ventral midbrain. We suggest that religious belief might provide a framework that allows individuals to engage known pain-regulatory brain processes. (shrink)

[Plato’s “Impossible” Aesthetics and Art] Although it seems impossible to derive an aesthetic theory from Plato’s thought in the sense defined by Baumgarten, it is possible to come closer to the language and the sense of the ancients, who were well aware of the division of cognition into aisthêta and noêta, if we follow Kant’s first advice, accepting this term again and preserving it for that doctrine, which is true science. Therefore, the way to see whether Plato’s views amount to (...) a theory of aesthetics is to investigate the relationship between the things that can be felt and the things that can be perceived in his thought. Although he says in advance that one cannot gain knowledge from sensible things, the experience of beauty and its effect have a central role in Plato. In fact, when we continue our investigation through the experience of beauty in Plato’s thought, we see that the activity of philosophia is an aesthetics per se in the context of both the “highest art” and the love of beauty; philosophos, according to Plato, is the same as philokalos. -/- Contrary to the baseless interpretations of the mainstream commentators on mimêsis, a creative activity that is not subject to mimêsis is not possible according to Plato’s thought; not only human creative activity, but primarily the Divine act of creation itself in the context of the birth of the world, is a mimetic activity. The important thing for Plato is the model upon which the creative activity is based: when an artist, who takes the self as a model, creates works by holding on to the truth, he will create the true virtue in himself, and in doing so, his creations on the outside become monuments of virtue. This activity is, in fact, synonymous with his self-knowledge and self-transformation processes. The sense of beauty experienced from such an act of creation brings out the best qualities in the audience’s soul while pointing to a path that will lead them to true nobility, rather than paralyzing their reasoning and judging abilities by imitating what are themselves imitations of virtue produced by deceptively imitative art. Monuments of virtue that are perfect examples of the beautiful itself turn the soul of the audience towards the beautiful itself and encourage them to take action to get closer to it. -/- In Plato’s thought, true art is a call for liberation that shows the prisoners their chains, declaring that the ‘understanding’ of the world they have is merely a conception compelled by this imprisonment, just a presumption. It proclaims that they can never truly observe the truth until they free themselves from these bonds; tempting their souls, it calls them to escape to the Beautiful. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, (...) whereas a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection. People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible (...) wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’. (shrink)

During the idea generation phase of the design process, designers often search for inspirations in external sources of information, such as photographs, written descriptions and physical examples. These sources have potential to enhance creative performance. However, they sometimes become too attached to particular ideas of external precedents or various examples. It refers to fixation which is identified as inadequate adoption of features from existing examples. Influence of the existing examples on creativity and fixation, specifically textual examples, have been discussed in (...) this research. -/- For the nature of design, researchers highlighted the restructuring process of design problem by new sources because the capabilities and boundaries of design problems are not defined very well. Further, the design problem is not knowable at any specific point. Design knowledge identifies itself by its ambiguity. Many models have been developed for design process. The various numbers of divided phases of the models can be seen as having two main areas: (1) idea generation phase (or “ideation”); (2) later phase for details. Idea generation plays an important role in the design process. It is the area of new and creative configurations on design. -/- Creativity is an integral part of the design process. Designers purpose to achieve original ideas to demonstrate their ability and unique designs. External stimuli or inspirational inputs play important roles to increase creativity. They can support moments of stimulation. Associations between information from memory and external stimuli can contribute to the creation of new meanings. Designers are widely influenced by their surroundings in daily lives. However, each stimulus may not be the part of a more creative result Even if designers want to utilize stimulus as an inspirational source, somehow it may fixate their mind to its surface features and they may lose potential creative contributions of the source. It is called fixation. There is much research that shows significant evidence of conformity effects across the design problems. -/- The given examples to designers may cause higher-level fixation and lower-level creativity or vice versa. Fixation may occur when example solutions are introduced, on the other hand, the designers may create more original ideas as well. There is a need for research to find ways to avoid fixation traps or reduce their adverse impact. Thus, this research focuses on variables of the given example. -/- The following claims show some research areas remained unclear: (1) Some researchers investigated textual examples as - one of the modalities of representation - but did not focus on forms of textual examples. (2) Much research has been conducted with examples which are selected by the researcher. Nevertheless, designers can also choose or produce their own stimuli. There is not much research on this possibility. In this context, my research focuses on the following two variables through two studies (Study 1 and 2): (1) forms of textual examples; (2) self-construction of textual examples. First, most of the studies in the literature have focused on visual presentation and there is not enough research on the content and form of the text. The study of textual examples has still not been awarded enough attention especially as various forms of text. Some forms of text are as follows: keyword, paragraph, sentence, poem. These observations lead me to the following research question: Which forms of textual example increase creativity and reduce fixation more? (Study 1). -/- Second, most of the studies regarding textual examples have used prose or keywords. The poems have been ignored. However, poems imply more meaning with fewer words. The structure of the poems enables more creative narratives than structure of prose. Because unusual organization of words stimulates the readers and draws their attention. This activates the creative performance of the reader. The surrealist poem is the extreme form of this activation. It is random assemblies with headlines and sentences which is cut from newspapers. Thus, novel meaning networks are formed. The method of creating a surrealist poem offers a new way of getting inspiration. It is termed as self-construction practice by this research. Through this method, designers create their own example from the given one. Reconstruction of the text may increase the creative process and prevent fixations from the given text. This suggestion led me to the following research question: If the designers write their own poem instead of a given poem (as a self-construction practice), can they internalize the textual example? In addition, does it produce more creative and less fixated designs? (Study 2). Two experimental studies were planned to partially answer the research questions, in which novice students of architecture were asked to solve two different design problems, under different conditions. All of the experimental sessions were conducted in a design education studio. The participants produced sketches and added a written explanation relating to their designs. Fluency, flexibility and repetition of key attributes were calculated by the researcher. -/- Originality, practicality, understanding of the task and quality were ranked by judges. Study 1 shows us tendencies of using various textual forms. Distinctions of keywords and of poems have appeared among them. This emphasizes the role of keyword and poem in the design process as inspirational sources and provides many tips for their potential use. The keyword also leads to a high degree of fixation. However, a low degree of fixation is observed when poems are presented as inspirational examples. -/- In Study 2, the self-constructed poem seems to support develop more successful design ideas from many perspectives. In the context of the surrealist poem, writing and reading the surrealist poem trigger the designers’ imagination. At first, the words and lines of poems seem unrelated to each other and designers try to relate them and solve the puzzle of meaning. Hence, novel meaning networks are formed. It indicates that surrealist poems are able to activate the creative performance of the designers. Writing their own surrealist poems ,as a self-construction practice, motivated designers to begin to produce by having fun. Motivated designers have stimulated themselves to produce creative ideas. In other words, the self-construction process may be added to the design process models in the earlier part of the idea generation phase which is called as pre-design and warm-up phase. This earlier phase makes designers highly motivated and they internalized the given examples. -/- Following the conclusions, several implications and recommendations for the design process and education are discussed. (shrink)

This research work is a conscious participation in African philosophy, precisely on Asouzu’s notion of Ihe Mkpuchi Anya (The Phenomenon of Concealment). The work attempts to address some of the challenges of human ambivalent situations that are visible in the way we judge, act, will, value, conceive reality and so forth. In this work we argued that human beings are conscious beings. Due to this consciousness, their actions are difficult to predict. Actors themselves often act against their interests because (...) of the unfathomable nature of their actions. Often time they cannot predict themselves, what appeared to be good from the onset may turn out to be bad once it is done. We deduced that if actors can sometimes act against their interests and/ or act to promote their most cherished interests, regardless of negative consequences then, there must be something responsible for that. We concluded that human beings act under the influence of ihe mkpuchi anya (the phenomenon of concealment). This phenomenon has the capacity to impair our vision, becloud our sights, affect the way we reason and cause us to pass wrong judgments on issues confronting us as individuals and/ or as a community. Finally, we recommended that human beings can act rightly by suppressing and avoiding things that are detrimental to him and or to another. It is only when man does the above recommended things that the society can grow harmoniously in every aspect. We employed the critical, analytical, expository and complementary methods in the course of researching. (shrink)

Prior to this intervention the site used to be a degraded fiscal property, that functioned as a bus yard, a police legal deposit, and a restaurant parking lot. Underneath it runs the Maldonado stream culvert, covered by a concrete slab at a depth of only -20cm. Next to the site is a 5m high railroad embankment. The plot is strategically located at the end of Juan B. Justo avenue and works as a gateway to the Tres de Febrero park (also (...) known as Bosques de Palermo, the Buenos Aires’s biggest green space designed by Charles Thays in 1875). It is situated in the neighborhood of Palermo, an area that underwent a vertiginous residential and commercial expansion since the late 90´s. -/- The design approach is influenced by the adjacent urban fragments: the grounds of the Sociedad Rural Argentina, the surrounding Avenues Santa Fe-Sarmiento; the opening of Darregueyra street expected for the near future, the implementation of historic preservation guidelines for the Tres de Febrero Park, and the proposal for the development of nearby railroad yards. -/- Specifically, the project seeks to minimize the impact of the fast traffic that runs along Bullrich avenue, improving pedestrian and cycle access to the park. At the same time it defines new landscape features, utilizing the earth made available by the tunneling works of a new subway line. -/- The project comprises the structuring of an existing 800 meter long embankment and the transformation of the sidewalk into a public promenade. This is achieved through a wider sidewalk of 12m on average, which is part of a series of longitudinal stripes ranging from high speed to quiet spaces. The first band of grass and aged tipas (tipuana tipu) buffer pedestrian and cyclist from automotive traffic. Cycle traffic is organized on its own lane. The sidewalk itself contains several bays that act as urban lounges. Next, a continuous concrete bench delimits the beginning of the slope, backed by a stripe of grass that works as a soft extension. Finally, plants for contemplation are arranged as undulating traces. Rhythmic use of retaining gabions defines longitudinal segments of varying slope, unifying the spacial criterion. This series is punctuated by an amphitheater and framed by triangular plazas at the corners. -/- Material choices for hard surfaces are constrained by concerns of durability, low cost, and consistency with other ongoing public works. -/- Hard materials, as well as the plant selection needed to be low-maintenance. The palette was kept to reinforced concrete, granitic slabs, and granite stone in large size –forming retaining gabions- and as loose finishing for pavements. Likewise, the lack of a protective enclosure and of continuous surveillance dictated that urban furniture and fixtures be anti-vandalic. The stealing of these components –from inspection lids, to benches, to plants- is a common problem in urban spaces in many Latin American cities. To prevent this, fixtures must be designed according to precise specifications regarding their weight, fixing and anchoring systems, and mechanical parts. -/- Sidewalks are organized through a 6 meter grid made of granitic white slab, infilled with textured combed nonslip concrete modules. Extended bays and corner squares are finished with white and black slabs respectively. These materials are similar to another used in public spaces under construction, in the believe that it creates a collective identification of themselves along the city. -/- The continuous reinforced concrete bench is 1.10 m wide, in order to allow people to use it in non-conventional ways. Further up on the slope, undulating paths separate plant species and provide access for gardening, but are also open to use by the public. They are paved with 2 meter-long precast concrete slabs (smaller and lighter pieces were avoided to deter robbery). As they reach the gabions they connect with sloping paths covered with loose granitic stones. The gabions themselves allow the creation of varying slopes while contributing to retaining the soil, which is reinforced with geosynthetic fabric in the perimeter to avoid landslides originated by strong rains typical of the region. -/- Urban furniture is featured on the wider bays of the sidewalk and at corner plazas. It includes seats, water fountains, bicycle racks, wastepaper baskets. As a counterpoint to the linear concrete bench, groups of concrete seats are arranged informally. These seats are a reinterpretation of the dynamic BKF chair (also known as Butterfly chair), the classic Argentinean design of the 1930’ by Antonio Bonet, Juan Kurchan, and Jorge Ferrari-Hardoy. A few low concrete tables complete these spaces as authentic urban lounges. Lighting design accompanies the general features of the project and creates a new scenography emphasizing night-time usage. -/- Landscape gardening criteria is set up by a selection of various species of high-resistant pasture (grass). The higher the slope, the higher the grass, increasing the final volumetric result. Based on considering the original tipas line (tipuana tipu, a species from the north of Argentina, yellow flowering) as a vertical wall that frames the view, the horizontal stripes contain a single species each, differing in size, shade and flowering periods –adding, in the middle band, a changing color on the big green plane slope in the same chromatic range. The final configuration of the stripe sequence from bottom to top: bermuda grass, bulbine frutescens, euryops pectinatus. The upper band existing native species is reinforced with new samples: paspalum exaltatum + cortadera selloana and ipomea + thumbergia climbing the railway fence. Each sector between gabions has an automated system of drip irrigation. Near the corner plazas, several palms are planted to provide shade and identity to the street-crossing. -/- The intervention proposes an ambivalent effect on the landscape, trascending the merely ornamental by accompanying the motorist in speed, while conforting the pedestrian with spaces for contemplation and urban relax. (shrink)

A classic debate concerns whether reasonableness should be understood statistically (e.g., reasonableness is what is common) or prescriptively (e.g., reasonableness is what is good). This Article elaborates and defends a third possibility. Reasonableness is a partly statistical and partly prescriptive “hybrid,” reflecting both statistical and prescriptive considerations. Experiments reveal that people apply reasonableness as a hybrid concept, and the Article argues that a hybrid account offers the best general theory of reasonableness. -/- First, the Article investigates how ordinary people judge (...) what is reasonable. Reasonableness sits at the core of countless legal standards, yet little work has investigated how ordinary people (i.e., potential jurors) actually make reasonableness judgments. Experiments reveal that judgments of reasonableness are systematically intermediate between judgments of the relevant average and ideal across numerous legal domains. For example, participants’ mean judgment of the legally reasonable number of weeks’ delay before a criminal trial (ten weeks) falls between the judged average (seventeen weeks) and ideal (seven weeks). So too for the reasonable num- ber of days to accept a contract offer, the reasonable rate of attorneys’ fees, the reasonable loan interest rate, and the reasonable annual number of loud events on a football field in a residential neighborhood. Judgment of reasonableness is better predicted by both statistical and prescriptive factors than by either factor alone. -/- This Article uses this experimental discovery to develop a normative view of reasonableness. It elaborates an account of reasonableness as a hybrid standard, arguing that this view offers the best general theory of reasonableness, one that applies correctly across multiple legal domains. Moreover, this hybrid feature is the historical essence of legal reasonableness: the original use of the “reasonable person” and the “man on the Clapham omnibus” aimed to reflect both statistical and prescriptive considerations. Empirically, reasonableness is a hybrid judgment. And normatively, reasonableness should be applied as a hybrid standard. (shrink)

A perennial epistemological question is whether things can be known just as they are in the absence of any awareness of them. This epistemological question is posterior to ontological considerations and more specific ones pertaining to mind. In light of such considerations, the author propounds a naïve realist, foundationalist account of knowledge of things in themselves, one that makes crucial use of the work of Brentano. After introducing the resources provided by Brentano’s study of mind, the author reveals the (...) ontological framework in which it takes place. Doing so is instrumental to illuminating acquaintance, the state that enables the direct engagement of a mind and some other thing. The author discusses this state and shows how it has the epistemic heft, with a Brentanian account of judgment, to provide the foundations of one’s knowledge of the world. A naïve realist, foundationalist account of knowledge is open to a compelling objection; the author presents this objection with the means of undermining it. In conclusion, the author recurs to the opening theme of the primacy of ontology and suggests that familiar misgivings about knowing things in themselves are all based on questionable—and ultimately untenable—ontological presuppositions. (shrink)

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...) fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

Cover versions form a loose but identifiable category of tracks and performances. We distinguish four kinds of covers and argue that they mark important differences in the modes of evaluation that are possible or appropriate for each: mimic covers, which aim merely to echo the canonical track; rendition covers, which change the sound of the canonical track; transformative covers, which diverge so much as to instantiate a distinct, albeit derivative song; and referential covers, which not only instantiate a distinct song, (...) but for which the new song is in part about the original song. In order to allow for the very possibility of transformative and referential covers, we argue that a cover is characterized by relation to a canonical track rather than merely by being a new instance of a song that had been recorded previously. (shrink)

In this paper, I consider the basis for Kant's praise of Wolff's general logic as "the best we have." I argue that Wolff's logic was highly esteemed by Kant on account of its novel analysis of the three operations of the mind (tres operationes mentis), in the course of which Wolff formulates an argument for the priority of the understanding's activity of judging.

Since the early Medieval Time people contested theological legitimation and rational discursive discours on authority as well as retreated to refuges to escape from any secular or ecclesiastical authority. Modern attempts formulated rational legitimation of authority in several ways: pragmatic authority by Monteigne, Bodin and Hobbes, or the contract authority of Locke and Rousseou. However, Enlightened Anarchism, first formulated in 1793 by the English philosopher William Godwin fulminated against all rational restrictions of human freedom and self-determination. However, we do not (...) analyze anarchism by the ‘what’ and the ‘why’, but by looking for the best actual approach of Anarchist’s ‘Promised Land’. Furthermore, we follow the footsteps of Thoreau’s Walden Pond experiment considered as a place of salvation and prototype of 19th century romantic’s extreme individualism towards Leopold’s ethics of the land. Indeed, Thoreau’s and later Muir’s concepts of refuges are tightly connected to territorial and temporal bio-regional constraints and imply an internally organized public area based on mutualism and Hannah Arendt’s agape. From these ideas of refuges, Aldo Leopold formulated his Land-ethics that claimed integrity and autonomy of the ‘Land’. His foundation is a prototype of the eco-centric free space version of eco-anarchism as formulated by Bookchin. In order to formulate a philosophical foundation of eco-anarchism we reject Newtonian homogeneous space-temporal conception, preceding the whole Modern discours about authority and state. On the contrary, we adopt the pluralistic Leibnizian space-time from which thinking-humans do not dissociate themselves, but participate as part of the rational infrastructure of eco-refuges. In eco-refuges, citizen belong to the civil society that stays in equilibrium with the landscape and all forms of biological life. Space is the boundary condition of human activity and determines how borders, environmental organization and institutes are sustained. Space has its proper essence of sustainability, unity and integrity. The individual feelings of security are embedded in a timelike tradition and evolution of the free space, while individual particular conceptions of space and time integrate into the social processes of identification with the refuge. Therefore, the creation of eco-refuges transforms the actual world of national authorities into a world of anarchistic democratic eco-regional homelands. (shrink)

Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 p969). I’ll try (...) to show in this note that Hanna’s latest attempts to defend AHR fail. I’ll start by setting out my own view, drawing attention to one significant, but perhaps understandable, misstatement of Hanna’s. I’ll then discuss two alleged counter-examples that Hanna presents to my view, and show that they both fail in their own terms. I’ll also argue that, given assumptions that Hanna is willing to make a scenario closely related to one that Hanna presents counts against AHR. I’ll then discuss how significant it would be if these counter-examples were successful. My view is that it wouldn’t matter much, and that anyone attracted to abolitionism should agree. I’ll conclude with a brief discussion of Hart, which may be of interest to enthusiasts and Hart scholars. (shrink)

Kant is frequently read as saying that all self-love is bad and that the virtuous agent is one who suppresses self-love as much as possible. This paper argues that this is mistaken and that the right kind of self-love – what Kant calls rational self-love – plays an important role in a successful moral life. It shows how Kant provides a detailed taxonomy of different kinds of self-love. He contrasts the (practical) incentive of self-love with the (pathological) feeling of it; (...) self-love of benevolence with self-love of delight; and self-absorbed/selfish with rational/moral varieties of each. The paper then argues that, while the Critique of Practical Reason only identifies a self-absorbed variety of self-love of delight, self-conceit, it gains a rational counterpart in Religion within the Bounds of Mere Reason: “self-contentment.” This is a positive self-love of delight uniquely felt by the morally good person. It is suggested that this shift reflects Kant’s increasing appreciation for the affective dimension of virtuous life: for imperfect human beings the moral law must not only be worth obeying, but worth loving. Thus, while for morally bad agents, self-love and morality inevitably conflict, good agents can and should love themselves. (shrink)

This paper examines Pierre Hadot’s philosophy as a way of life in the context of race. I argue that a “way of life” approach to philosophy renders intelligible how anti-racist confrontation of racist ideas and institutionalized white complicity is a properly philosophical way of life requiring regulated reflection on habits – particularly, habits of whiteness. I first rehearse some of Hadot’s analysis of the “way of life” orientation in philosophy, in which philosophical wisdom is understood as cultivated by actions which (...) result in the creation of wise habits. I analyze a phenomenological claim about the nature of habit implied by the “way of life” approach, namely, that habits can be both the cause and the effect of action. This point is central to the “way of life” philosophy, I claim, in that it makes possible the intelligent redirection of habits, in which wise habits are more the effect than simply the cause of action. Lastly, I illustrate the “way of life” approach in the context of anti-racism by turning to Linda Martín Alcoff’s whiteness anti-eliminativism, which outlines a morally defensible transformation of the habits of whiteness. I argue that anti-racism provides an intelligible context for modern day forms of what Hadot calls “spiritual exercises” insofar as the “way of life” philosophy is embodied in the practice of whites seeing themselves seeing as white and seeing themselves being seen as white. (shrink)