I think the basic intuition behind textualism correct – that the meaning of a law is fixed by referencing the meaning of its words according to the meaning common to the law’s ratifiers. However, even if true, it does not follow that interpretation of a law goes through the original ratifiers. Rather, a citizenry continually ratifies the laws to which it subjects itself, and as the meanings of those words change over time, so will those laws. Concerning, say, the U.S. (...) Constitution, though the text may be very nearly the same now as in the 18th century, a different constitution is in effect. (shrink)

To discover affects within Husserl’s texts designates a difficult investigation; it points to a theme of which these texts were forced to speak, even as they were explicitly speaking of regional ontologies and the foundations of sciences. For we may at first wonder: where can affection find a positive role in the rigor of a pure philosophy that seeks to account for its phenomena from within the immanence of consciousness? Does this not mean that the very passivity and foreignness of (...) affect will be overlooked; will it not be continually linked to a Vorstellung that issues as a ray of the pure ego? That is, will the phenomenological account of affect be reduced to the cognition of an object, as Emmanuel Levinas suggests? Yet there are affects in Husserl’s texts that maintain their autonomy and resist subsumption to an objectivating intentionality.We may see this in the Lectures On the Phenomenology of the Consciousness of Internal Time: in the longitudinal intentionality of retention, through which consciousness becomes aware of its elapsed phases without making them into objects—a passive synthesis that gives the flow of time-constituting consciousness the form of a continually deferred auto-affection.1We find it again as early as the fifth Logical Investigation, 2 providing us with the impetus to radicalize Husserlian phenomenology. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent (...) Assembly with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

This paper argues for interpreting Nietzsche along the lines of a self-constitution view. According to the self-constitution view, a person is a kind of creation: we constitute our selves throughout our lives. The self-constitution view may take more than one form: on the narrative version, the self is like a story, while on the Kantian version, the self is a set of principles or commitments. Taking Marya Schechtman’s and Christine Korsgaard’s accounts as paradigmatic, I take the self- (...) class='Hi'>constitution view to emphasize practical considerations and the first person point of view and to conceive of the self as active in self-creation. The interpretation I offer can make sense of Nietzsche’s remarks about self-creation and of many of Nietzsche’s remarks about the self that would otherwise seem contradictory. In particular, Nietzsche’s anti-metaphysical remarks about the self fit well with the self-constitution view as long as they are understood as theoretical claims that do not undermine the importance of the practical point of view. (shrink)

Context: The majority of contemporary enactivist work is influenced by the philosophical biology of Hans Jonas. Jonas credits all living organisms with experience that involves particular “existential” structures: nascent forms of concern for self-preservation and desire for objects and outcomes that promote well-being. We argue that Jonas’s attitude towards living systems involves a problematic anthropomorphism that threatens to place enactivism at odds with cognitive science, and undermine its legitimate aims to become a new paradigm for scientific investigation and (...) understanding of the mind. Problem: Enactivism needs to address the tension between its Jonasian influences and its aspirations to become a new paradigm for cognitive science. By relying on Jonasian phenomenology, contemporary enactivism obscures alternative ways in which phenomenology can be more smoothly integrated with cognitive science. Method: We outline the historical relationship between enactivism and phenomenology, and explain why anthropomorphism is problematic for a research program that aspires to become a new paradigm for cognitive science. We examine the roots of Jonas’s existential interpretation of biological facts, and describe how and why Jonas himself understood his project as founded on an anthropomorphic assumption that is incompatible with a crucial methodological assumption of scientific enquiry: the prohibition of unexplained natural purposes. We describe the way in which phenomenology can be integrated into Maturana’s autopoietic theory, and use this as an example of how an alternative, non-anthropomorphic science of the biological roots of cognition might proceed. Results: Our analysis reveals a crucial tension between Jonas’s influence on enactivism and enactivism’s paradigmatic aspirations. This suggests the possibility of, and need to investigate, other ways of integrating phenomenology with cognitive science that do not succumb to this tension. Implications: In light of this, enactivists should either eliminate the Jonasian inference from properties of our human experience to properties of the experience of all living organisms, or articulate an alternative conception of scientific enquiry that can tolerate the anthropomorphism this inference entails. The Maturanian view we present in the article’s final section constitutes a possible framework within which enactivist tools and concepts can be used to understand cognition and phenomenology, and that does not involve a problematic anthropomorphism. Constructivist content: Any constructivist approach that aims for integration with current scientific practice must either avoid the type of anthropomorphic inference on which Jonas bases his work, or specify a new conception of scientific enquiry that renders anthropomorphism unproblematic. (shrink)

Games Studies reveals the performative nature of playing a character in a virtual-game-world (Nitsche 2008, p.205; Pearce 2006, p.1; Taylor 2002, p.48). Tbe Player/Character relationship is typically understood in terms of the player’s in-game “presence” (Boellstorff 2008, p.89; Schroeder 2002, p.6). This gives the appearance that living-into a game-world is an all-or- nothing affair: either the player is “present” in the game-world, or they are not. I argue that, in fact, a constitutive phenomenology reveals the Player/Character relationship to be (...) a multi-dimensional matter of empathy. I advance a broadly Schutzian framework, drawing on his 1932 discussions of “face-to-face encounters” and ”historical predecessors,” showing how at- tention to empathy reveals a variety of “presences” that different kinds of Player/Character relationships afford. The central determinants of empathetic affordances which I focus on here are (i) how much players know about a character (especially the character’s past) and (ii) how players learn this information.The purpose of this discussion will be to show that a phenomenological analysis reveals that the relationship between a player and their character is complex, highly variable, and inherently social. Furthermore, it will add to the growing body of scholarship that demonstrates that video games are rich social objects deserving of study. (shrink)

Derrida suggests in Speech a n d Phenomena that for Husserl subjectivity is constituted and entails no identity with itself at the level of the living present. He further suggests that Husserl’s understanding of absolute subjectivity is “as absolutely present and absolutely self-present being, only in its opposition to the object.”’ In making such claims, Derrida is not giving as much weight to Husserl’s manuscripts from the 1930s as those warrant. The manuscripts may serve to draw Derrida’s claims into (...) question.2 They provide a n interesting look at the question of subjectivity in light of intersubjectivity and present the possibility of conceiving identity and alterity within the streaming living present. The ambiguity and complexity we find in Husserl’s manuscripts in particular suggests that Husserl was prepared t o address absence even at the most fundamental level of phenomenological discovery. In the following, I will explore several of Husserl’s manuscripts in order to indicate how he might escape Derrida’s ~ r i t i q u e . ~ This will raise several questions with respect to the phenomenological subject and its relation to the alterity of the other. Through such an investi- gation, we will see how it is possible to accept Derrida’s criticism of a metaphysics of presence, while recognizing that the criticism does not mean we must reject Husserlian phenom- enology as an example of such. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...) the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit (...) occurs. This process begins by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)

One of biology's fundamental aims is to generate understanding of the living world around—and within—us. In this chapter, I aim to provide a relatively nonpartisan discussion of the nature of explanation in biology, grounded in widely shared philosophical views about scientific explanation. But this discussion also reflects what I think is important for philosophers and biologists alike to appreciate about successful scientific explanations, so some points will be controversial, at least among philosophers. I make three main points: (1) causal (...) relationships and broad patterns have often been granted importance to scientific explanations, and they are in fact both important; (2) some explanations in biology cite the components of or processes in systems that account for the systems’ features, whereas other explanations feature large-scale or structural causes that influence a system; and (3) there can be multiple different explanations of a given biological phenomenon, explanations that respond to different research aims and can thus be compatible with one another even when they may seem to disagree. (shrink)

Recent research about the microbiome points to a picture in which we, humans, are ‘living through’ nature, and nature itself is living in us. Our bodies are hosting—and depend on—the multiple species that constitute human microbiota. This article will discuss current research on the microbiome through the ideas of Japanese ecologist Imanishi Kinji (1902–1992). First, some of Imanishi’s key ideas regarding the world of living beings and multispecies societies are presented. Second, seven types of relationships concerning the (...) human microbiome, human beings, and the environment are explored. Third, inspired by Imanishi’s work, this paper develops the idea of dynamic, porous, and complex multispecies societies in which different living beings or species are codependent on others, including microbiota and human beings. (shrink)

Drawing on recent work in formal pragmatic theory, this paper shows that the manipulation of discourse structure—in particular, by way of shifting the Question Under Discussion mid-discourse—can constitute an act of epistemic injustice. I argue that the “All Lives Matter” response to the “Black Lives Matter” slogan is one such case; this response shifts the Question Under Discussion governing the overarching discourse from Do Black lives matter? to Which lives matter? This manipulation of the discourse structure systematically obscures the intended (...) meaning of “Black lives matter” and disincentivizes future utterances of it. (shrink)

This dissertation examines the relationship that exists between two distinct and seemingly incompatible bodies of scholarship within the field of contemporary philosophy of technology. The first, as argued by postmodern pragmatist Barry Allen, posits that our tools and what we make with them are epistemically important; disputing the idea that knowledge is strictly sentential or propositional, he claims instead that knowledge is the product of a performance that is both superlative and artefactual, rendering technology importantly world-constituting. The second, as argued (...) by Heidegger and his inheritors, is that technology is ontologically problematic; rather than technology being evidence of performative knowledge, it is instead existentially threatening by virtue of the fact that it changes the tenor of our relationship with the world-as-given. Despite the fact that these claims seem prima facie incompatible, I argue that they may be successfully reconciled by introducing a third body of scholarship: the philosophy of photography. For it is the case, I argue, that although we, qua human beings, occupy lifeworlds that are necessarily constituted by technology, technology also induces a kind of phenomenological scepticism: a concern that mediated action precludes us from the possibility of authentic experience. Arguing in favour of the sentiment that photographs serve as a kind of phenomenal anchor—a kind of machine for living—I claim that photographic images provide a panacea to this existential concern: despite being epistemically problematic, it is this selfsame epistemic “specialness” of photographs that forces us to phenomenologically recommit, if only temporarily, to the world in a serious way. Consequently, it is my belief that an analysis of our artefacts and the way they function is fundamentally incomplete without an analysis of the epistemic and ontological problems introduced of the photographic image; as I will demonstrate, the photographic image casts an extremely long shadow over the philosophy of technology. (shrink)

Theories of individual well‐being fall into three main categories: hedonism, the desire‐fulfilment theory, and the list theory (which maintains that there are some things that can benefit a person without increasing the person's pleasure or desire‐fulfilment). The paper briefly explains the answers that hedonism and the desire‐fulfilment theory give to the question of whether being virtuous constitutes a benefit to the agent. Most of the paper is about the list theory's answer.

I wholeheartedly sympathize conceptually with Coeckelbergh’s paper. The dialectical relationship between vulnerability and technology constitutes the core of Hegel’s Master and Slave. Yet, the empirical dimension is underdeveloped and Coeckelbergh’s ideas could profit from exposure to case studies. Building on a movie/novel devoted to vulnerability coping and living with ICT, I challenge the claim that modern heroism entails overcoming vulnerability with the help of enhancement and computers.

John Fischer has recently argued that the value of acting freely is the value of self-expression. Drawing on David Velleman’s earlier work, Fischer holds that the value of a life is a narrative value and free will is valuable insofar as it allows us to shape the narrative structure of our lives. This account rests on Fischer’s distinction between regulative control and guidance control. While we lack the former kind of control, on Fischer’s view, the latter is all that is (...) needed for self-expression. I first develop Fischer’s narrative account, focusing on his reliance on temporal loops as giving us control over the value of our lives. Second, I argue that the narrative account grants us greater power over the past than Fischer would allow: since narrative allows not only for changes in how we feel about episodes in our past but what those episodes in fact were, it allows for a kind of retroactive self-constitution. Finally, I suggest that this modification of the narrative view opens the possibility of a conception of freedom far stronger than guidance control. It does not give us the libertarian control over whether to choose A or B in the present, but it does provide a measure of control over the sort of person an agent has been, and thus whether she is the sort of person who will choose A or B in the future. (shrink)

Many believe that an upward-sloping life is better than a downward-sloping life because of its shape. This is a common way of formulating the shape of a life hypothesis. We argue that the hypothesis is mistaken. We need not assume that there is something intrinsically valuable in the shape of one’s life to justify the tendency to judge an upward-sloping life as better than a downward sloping one. Instead, we can appeal to more fundamental and less controversial claims to justify (...) such a judgment. What one might justifiably judge to be better are features of lives which are often (though not necessarily) correlated with, rather than constituted by, an upward slope. (shrink)

Self-narrative is often, perhaps primarily, a tool of self- constitution, not of truth representation. We explore this theme with reference to our own recent qualitative interviews of substance-dependent agents. Narrative self- constitution, the process of realizing a valued narrative projection of oneself, depends on one’s narrative tracking truth to a certain extent. Therefore, insofar as narratives are successfully realized, they have a claim to being true, although a certain amount of self-deception typically comes along for the ride. We (...) suggest that, because agents typically value certain outcomes more highly than truth for truth’s sake, it makes sense to narrate in ways that aren’t strictly true if that helps ensure highly valued outcomes do come true. Walker (2012) outlines three ways of defending the truth of past-directed narratives, but the role of future-directed narratives in realizing highly valued truths provides her a fourth way. (shrink)

Certain forms of practical deference seem to be incompatible with personal autonomy. I argue that such deference undermines autonomy not by compromising the governance of an authentic self, nor by constituting a failure to track objective reasons, but by constituting a particular social relation: one of interpersonal rule. I analyse this social relation and distinguish it from others, including ordinary relations of love and care. Finally, I argue that the particular form of interpersonal rule constituted by dispositions of practical deference (...) in itself entails a partial, though not total, disconnection from the good of a self-authored life. (shrink)

In addition to any content, another essential element must be the order or form of that content. Content implies a container. Generally, the container is not thought of as having any determinate influence upon the content. This is a mistake. If we have a bowl-shaped container, the marbles at the bottom will form a concave shape. A square-shaped container will exhibit the marbles in a planar pattern. Thus the container does influence the order or form of its content. Similarly, the (...) Concept (container) of an object (content), shows a similar influence. Thus there is a causal influence of the concept on the content, and as far as the form the content takes is intrinsic, the Concept is not only externally causitive but intrinsically constitutive of the object as well, i.e. its essence. (shrink)

In this chapter, a reprinted article from Southern African Public Law (2010), I argue that, even supposing substantive principles of distributive justice entail that animals warrant constitutional protection, there are other, potentially weightier forms of injustice that would probably be done by interpreting a Bill of Rights as implicitly applying to animals, namely, formal injustice and compensatory injustice. Formal injustice would result from such a reading of the Constitution in that the state would fail to speak with one voice (...) upon newly according legal rights to animals. Compensatory injustice would likely result from such a reading, at least in a South African context, in that the law would not only suppress facets of culture that many Africans deem important to their self-conception, but also require spending scarce resources on animals that could have gone toward saving African lives and livelihoods. If the state must choose between acting for the sake of the urgent interests of animals and those of humans, humans must take priority, even assuming that animals have a worth that morally forbids harming them in our private lives. (shrink)

Do we live in a computer simulation? I will present an argument that the results of a certain experiment constitute empirical evidence that we do not live in, at least, one type of simulation. The type of simulation ruled out is very specific. Perhaps that is the price one must pay to make any kind of Popperian progress.

In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' (...) To the literary critic he admonishes: "When you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, of course, but it is assumed that the skills traditionally associated with modern literary criticism . . . are there to be applied to literary texts, not, for instance, to a government document . . . . The intellectual toll this has taken in the work of the most explicitly political of recent critics . . . is very high." Should lawyers not match Said's gage by throwing down one of their own? If literary criticism should be socially engaged, should the social practice of law not be literate? If so, to what end? (shrink)

Aristotle’s discussions of natural slavery, ‘barbarian kingship’, and the natural characteristics of barbarians or non-Greeks are usually read as calling into question the intellectual, ethical, and political accomplishments of non-Greeks. Such accounts of non-Greek inferiority or inability to self-govern also appear to presuppose a climatic or environmental account that on the whole would imply severe limitations on the possibility of political flourishing for peoples living outside the Greek Mediterranean basin. In light of such accounts, it is somewhat astounding to (...) find Aristotle praising the social and political institutions of Carthage within his discussion of the best constitution in the second book of the Politics. In the 4th century BCE, Carthage (modern day Tunis) was a Phoenician commercial empire that culturally and linguistically was Semitic and clearly non-Greek. That Aristotle contrasts Carthage, a non-Greek polis, favorably with both Sparta and Crete undermines both the claim that Aristotle embraced a categorical opposition between Greeks and non-Greeks and the claim that he was dismissive of the achievements of non-Greeks. (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of (...) human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

Dancers and dance philosophers report on experiences of a certain form of sense making and bodily thinking through the dancing body. Yet, discussions on expertise and consciousness are often framed within canonical philosophical world-views that make it difficult to fully recognize, verbalize, and value the full variety of embodied and affective facets of subjectivity. Using qualitative interviews with five professional dancers and choreographers, I make an attempt to disclose the characteristics of what I consider to be a largely overseen state (...) of consciousness: embodied reflection. Dancers are familiar with this attentive bodily presence, which constitutes their work mode and heightens their abilities as experts. Detailed descriptions of their daily work at the theatre help us grasp the qualities and understand the enigmas of the absorbed state of bodily thinking. Husserl’s theories on reflection and Merleau-Ponty’s work on motoricity support our understanding of the structures behind embodied reflection. I believe it is a common human resource, and that whether we are experts or not, we all have the ability to reflect non-conceptually through bodily and/or affective activity. (shrink)

This paper elaborates a neo-Wittgensteinian, philosophical-anthropological alternative to classically Aristotelian approaches in the philosophy of friendship. On the classic approach, the value of friendship, as a practice, and the value of particular friendships within the life of any given individual, are each subordinated to the ur-value of individual flourishing. That is, it starts with a value that it sees as frustrated or fulfilled by social practice. The alternative, meanwhile, moves from the articulation of social practice to the values these practices (...) frame. I will argue that the alternative is descriptively and prescriptively superior when what’s at issue is the status of a social practice like friendship. By acknowledging the co-constitution of self, practice, and other, the alternative gives one the latitude to recognize and philosophize about relationships that tend to fall out of contemporary accounts of love and friendship as these are actually lived; produces descriptions and questions that are truer to lived experiences of friendship; and respects one of the most basic norms of friendship—that is, a friend’s irreducible particularity to oneself—without having to provide a self-defeatingly instrumentalist or reductionist argument for it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Think Least of Death: Spinoza on How to Live and How to Die by Steven NadlerJohn GreySteven Nadler. Think Least of Death: Spinoza on How to Live and How to Die. Princeton, NJ: Princeton University Press, 2020. Pp. x + 234. Hardback, $39.95.Think Least of Death is not just an interpretation of Spinoza, but a defense of his philosophy. Nadler develops Spinoza's arguments in ways that are intended (...) both to reflect Spinoza's views and to persuade us that the views in question are true. He uses success language throughout to describe Spinoza's ideas ("What Spinoza discovered, and what he wants us to know, is that..." [11]) and arguments ("Spinoza... has demonstrated, rigorously and a priori, that..." [188]). Nadler is not just a Spinoza scholar here; he also thinks that Spinoza basically got it right. It would be a mistake, then, to evaluate Think Least of Death solely on its interpretive merits as a reading of Spinoza's Ethics. It is more fruitful to look at the places where Nadler not only describes, but apparently endorses, Spinoza's views.Following Nadler, I will focus here on the practical philosophy. Briefly put, Spinoza takes the right way of living to consist in adherence to the dictates of reason, which prescribe "that everyone love himself, seek his own advantage... and 'absolutely, that everyone should strive to preserve his own being as far as he can'" (191). These general principles issue in more specific directives based on facts about human nature. For instance, since the nature of the human mind is such that it always benefits from further understanding, reason directs us to strive for further understanding. To the extent that a human being lives in accordance with such dictates of reason, they will feel joyful, be free, and act virtuously. Conversely, when they are driven by their passions rather than reason, they will often feel sorrow, lack autonomy, and do things that are harmful to themselves and others. This is the source of whatever motivating power these directives have: necessarily, following them conduces to our self-interest.A crucial point for Nadler is that these facts about human nature are the same for each human being. This implies that "there is in fact an objective, non-arbitrary determination of what constitutes a more perfect or ideal human being" (28), the ideal that Spinoza variously refers to as the model of human nature or the free man. On Nadler's reading, Spinoza's notion of the free man (which he treats as equivalent to the model of human nature) is not "some creature of the imagination or reflection of personal taste" (29), but a representation of "the ideal state toward which every individual [human] naturally and necessarily... strives" (29). [End Page 708]A signal contribution of the book is to show that the free person's life is a realizable goal rather than an unattainable ideal. The free person is determined to act by reason alone, yes—but this is compatible with him or her also having passions, so long as those passions do not determine his or her behavior. A free person might feel fear at the prospect of death or suffering, but that fear will not determine what he or she does. Instead, the free person's actions will be determined by the guidance of reason and the positive affects (joy, love, self-esteem, and the like).Since the life of the free person is in principle attainable, Nadler proposes that we take the free person's life as a model for how we ourselves should live. For instance, when Spinoza writes that "a free man always acts honestly" (E 4P72), the implication is that we ourselves should always act honestly. Now, there is an apparent inconsistency in this position, nicely articulated by Don Garrett ("'A Free Man Always Acts Honestly, Not Deceptively': Freedom and the Good in Spinoza's Ethics," in Nature and Necessity in Spinoza's Philosophy [New York: Oxford University Press, 2018], 441–61). The free man—living entirely according to the guidance of reason—always acts honestly. Yet reason also guides us to seek our own advantage, and sometimes the... (shrink)

In this paper I consider the essential role that public memory plays in the establishment and maintenance of the political arena and its space of appearance. Without this space and the shared memory that allows it to appear, Hannah Arendt argues, transience and finitude would consume the excellence of word and deed—just as the "natural ruin of time" consumes its mortal performer. The modern era displays a kind of mnemonic failure, however, a situation arising not only from technological developments that (...) "outsource" memory but from several normative breakdowns that Arendt describes as characteristic of modernity. The consequence is the individual's loss of personal, living access to the community's memories, and the community's own failure to engage in the difficult choice of what counts as worthy of preservation. In failing to ask this question, however, the community abdicates responsibility for establishing the shared norms by which it will govern itself in times of crisis. (shrink)

There is increasing appreciation for the role that location plays in the experience of a musical event. This paper seeks to understand this role in terms of our habitual relationships to place, asking whether and how being musical somewhere can expand and transform our habituated comportment there, and with what consequences. This inquiry is anchored in a series of site-specific improvised performances by Jen Reimer and Max Stein, and the theory and practice of the late experimental music pioneer Pauline Oliveros. (...) The argument made interpreting these performances is grounded in Maurice Merleau-Ponty’s phenomenology of embodiment, and Alia Al-Saji’s reception of it. This paper claims that such site-specific improvised performances can elicit a sort of hesitation in our everyday style of sensory-motor conditioning, and, concomitantly, awaken a layer of sensory living amenable to radically new sonic and behavioural configurations. (shrink)

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the (...) Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (shrink)

During live sporting events, fans often create intense atmospheres in stadiums, expressing support for their own local players and discouragement for the opposition. Crowd hostility directed at opposition players surprisingly elicits contrasting reactions across different sports. Tennis players, for example, have reported that hostile crowds are hurtful and disrespectful, whereas footballers often praise and encourage such hostility. What explains this tension? Why are hostile atmospheres considered wrong for some athletes, and not for others? We argue that creating hostile atmospheres for (...) opposition players functions as a form of hostile affective scaffolding, as it scaffolds affective states in such a way that harms the interests of the opposition athletes, while promoting the interests of fans. These hostile atmospheres wrong the scaffolded insofar they constitute a form of recognition disrespect, and to the extent that they violate the formal rules and conventional norms internal to the sporting practices. Although the focus is on the sporting context, our analysis reveals significant implications for a more nuanced understanding of what hostile scaffolding is, and how we should understand its normativity. The existing literature views hostile scaffolding as constituted by a setback to the overall interests of the scaffolded, and that the wrong-making feature of this scaffolding is necessarily explained by harm. Instead, we argue that hostile scaffolding should be understood as hostile relative to a set of interests that an agent has, not just their overall interests, and that the wrong-making features of hostile scaffolding are not limited to harms. (shrink)

We live at a time when many aspects of our educational culture are declared to be in crisis. Increasingly, the STEM movement dominates initiatives at the same time that there is less agreement about what constitutes a Humanities or liberal arts education. Relatively broad consensus indicates that it should make students somehow “better”. Within the field of pre-college normative ethics surveys, a survey of textbooks shows that most agree on what a course like this should look like. In evaluating the (...) effects of an ethics curriculum, however, most show diffidence to claim moral transformation in their students. At least part of this problem seems to stem from mainstream philosophy’s longtime bias against and misunderstanding of emotions. A closer look at emotions and how they might be educated offers a very different picture how a successful ethics curriculum could look. A typical ethics curriculum of any level presumes that a course neutral in regards to which, if any, of the normative ethical theories covered is true. However, any such course begins with a host of implied values that might not necessarily be shared with the students. If it’s the case, as contemporary moral psychology suggests that at the very least, our rational minds inform our behavior and moral judgments far less than we might have thought, then a course in normative ethics needs to engage emotions far more effectively. Martha Nussbaum’s recent work Political Emotions suggests some important ways that desirable emotions like civic love and undesirable emotions like disgust might relate to a curriculum. With the right approach, perhaps we can begin to claim that a moral philosophy course might make someone more moral. (shrink)

Kosgaard claims that selves/agents self-constitute during actions by relying on principles such as Kant’s Categorical Imperative. This intellectualist approach neglects the body. Merleau-Ponty considers the “lived body” and its perceptual world as the source of the unity of action, an approach that I extrapolate to all biological organisms.

What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...) from thought experiments and intuition. In this chapter, we supplement that traditional approach with a pair of experimental studies that examine whether the three theories reflect laypeople’s intuitions about well-being. The empirical studies yield two primary findings. First, they provide evidence for lay "well-being pluralism": laypeople treat desire satisfaction, positive objective conditions, and happiness as all constitutive of well-being. Second, the studies provide evidence of "hedonic dominance": laypeople evaluate an individual’s happiness as more important to an individual’s overall well-being than desire satisfaction or objective conditions. (shrink)

The suggestion that philosophers are responsible for global warming seems, on the face of it, absurd. However, that we might cause global warming has been known for over a century. If we had had in existence a more rigorous kind of academic inquiry devoted to promoting human welfare, giving priority to problems of living, humanity might have become aware of the dangers of global warming long ago, and might have taken steps to meet these dangers decades ago. That we (...) do not have academic inquiry of this type, giving priority to problems of living and able to warn humanity of the impending disaster of global warming, is the result of a philosophical mistake – a mistake about what constitutes rigorous intellectual inquiry. This is a mistake of philosophers. Thus philosophers, in failing to grasp the profound intellectual and humanitarian failings of academia as it is at present organized (the outcome of implementing a seriously defective philosophy of inquiry) can perhaps be said to be responsible for global warming. (shrink)

Even though Husserl’s thinking has received a remarkable amount of attention over the last decades, the full extent of many of its central aspects still remains surprisingly unknown. It is in particular the development of genetic phenomenology that is at stake here, as it plunges ever deeper into “originary constitution” ferreting out the structural relations between inner time-consciousness, affectivity and intersubjectivity, while at the same time never giving up static phenomenology and a certain prioritizing of Cartesian subjectivity. In the (...) following I would like to point to a reading of Husserl’s philosophy of time and subjectivity that is based on material that was never examined by Derrida. A general problem for interpreting this theme is that Husserl never succeeded in presenting a systematic overview of a phenomenological “transcendental aesthetics”. As a consequence, the co-originality and mutual interdependence of the constitution of space and time, of originary spacing as flesh (Urleib) and originary temporization (Urzeitigung), which first enables a comprehensive grasp of the originary processes in the living streaming present, has remained virtually unknown. In order to reach these themes, the interaction between the radicalized and the universal reductions has to be outlined. (shrink)

Concrete particular objects (e.g., living organisms) figure saliently in our everyday experience as well as our in our scientific theorizing about the world. A hylomorphic analysis of concrete particular objects holds that these entities are, in some sense, compounds of matter (hūlē) and form (morphē or eidos). The Grounding Problem asks why an object and its matter (e.g., a statue and the clay that constitutes it) can apparently differ with respect to certain of their properties (e.g., the clay’s ability (...) to survive being squashed, as compared to the statue’s inability to do so), even though they are otherwise so much alike. In this paper, I argue that a hylomorphic analysis of concrete particular objects, in conjunction with a non-modal conception of essence of the type encountered for example in the works of Aristotle and Kit Fine, has the resources to yield a solution to the Grounding Problem. (shrink)

I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more semantic stability, however. (...) Temporal externalism is the theory that the content of an utterance at time t may be determined by developments in linguistic usage subsequent to t. If this semantic theory is correct, then the originalist and evolutionist positions effectively collapse. Originalism is correct in that the original meaning of the text is the meaning that is binding on jurists, but evolutionism is vindicated, as it is the current practices and standards that determine the meaning the text now has, and has always had. Objections to temporal externalism, and to its application to the interpretation of legal texts, are considered and addressed. (shrink)

There is an ongoing debate in animalethics on the meaning and scope of animalwelfare. In certain broader views, leading anatural life through the development of naturalcapabilities is also headed under the conceptof animal welfare. I argue that a concern forthe development of natural capabilities of ananimal such as expressed when living freelyshould be distinguished from the preservationof the naturalness of its behavior andappearance. However, it is not always clearwhere a plea for natural living changes overinto a plea for (...) the preservation of theirnaturalness or wildness. In the first part ofthis article, I examine to what extent theconcerns for natural living meet ``theexperience requirement.'' I conclude that someof these concerns go beyond welfare. In thesecond part of the article. I ask whether wehave moral reasons to respect concernsfor the naturalness of an animal's living thattranscend its welfare. I argue that the moralrelevance of such considerations can be graspedwhen we see animals as entities bearingnon-moral intrinsic values. In my view the``natural'' appearance and behavior of an animalmay embody intrinsic values. Caring for ananimal's naturalness should then be understoodas caring for such intrinsic values. Intrinsicvalues provide moral reasons for action iffthey are seen as constitutive of the good lifefor humans. I conclude by reinterpreting,within the framework of a perfectionist ethicaltheory, the notion of indirect dutiesregarding animals, which go beyond andsupplement the direct duties towardsanimals. (shrink)

Feminist socially constitutive conceptions of autonomy make the presence of idealized social conditions necessary for autonomy. I argue that such conceptions cannot, when applied under nonideal conditions, play two key feminist theoretical roles for autonomy: the roles of anti-oppressive character ideal and paternalism-limiting concept. Instead, they prescribe action that reinforces oppression. Treated as character ideals, socially constitutive conceptions of autonomy ask agents living under nonideal ones to engage in self-harm or self-subordination. Moreover, conceptions of autonomy that make idealized social (...) conditions a requirement of autonomy yield the conclusion that oppressed agents are appropriate objects of paternalism. (shrink)

What kind of thing, as it were, is power and how does it fit into our understanding of the social world? I approach this question by exploring the pragmatic character of power ascriptions, arguing that they involve fictional expectations directed at an open future. When we take an agent to be powerful, we act as if that agent had a robust capacity to make a difference to the actions of others. While this pretense can never fully live up to a (...) social reality whose future is open, acting on such expectations helps constitute social order. Fictional expectations are thus built into the material practices that constitute power. This account, I argue, helps us make sense of some of the deep disagreements about the nature of power. I develop the account by drawing on Thomas Hobbes’s myth of an original institution of sovereign power before expanding it to other forms of power. (shrink)

It has recently been suggested that Merleau-Ponty’s position in Phenomenology of Perception is a unique form of transcendental idealism. The general claim is that in spite of his critique of “Kantianism,” Merleau-Ponty’s position comes out as a form of transcendental idealism that takes the perceptual processes of the lived body as the transcendental constituting condition for the possibility of experience. In this article I critically appraise this claim. I argue that if the term “idealist” is intended in a sufficiently similar (...) sense to Kant’s usage of the term in naming his position as a “transcendental idealism” then it is a misrepresentation to subsume Merleau-Ponty’s position under that term. This is because Merleau-Ponty rejects the transcendental metaphysics of the reflecting subject that underpins transcendental idealism. In its place he advocates a methodological transcendentalism that, whilst being anti-realist, is not idealist. Thus to call his position “a new kind of transcendental idealism,” as Sebastian Gardner has, is to misunderstand the significance of his existentialist break with what he sees as the “intellectualism” of this position. (shrink)

The pandemic has been the most vivid agent of change that many of us have known. But it has not changed everything: plenty of the institutions, norms, and practices that sustain racial capitalism, settler colonialism, and cisheteropatriarchy have either weathered the storm of the crisis or been nourished by its effects. And yet enough has changed for us to see that the pandemic has profoundly recontextualised those structures and systems of violence, bringing us into a fresh negotiation with, for example, (...) the question of how we discuss and imagine freedom. Responding in part to this unexpected provocation, activist-scholars Robyn Maynard and Leanne Betasamosake Simpson forged a collaboration from the lockdown of 2020, corresponding by letter to create their forthcoming book, Rehearsals for Living, due to be published by Haymarket Books (US) and Knopf (Canada) in 2022. In this interview, we asked them to explain the epistolary form of the book and expand on the concept of “rehearsal”, before inviting them to reflect on a series of issues that animate our current crises: the politics of recognition; the notion of apocalypse; ways to disrupt linear temporalities; practises of reciprocity against proprietary logics; the gendered violence of state apparatuses; and worldbuilding as a method of resistance. In their expansive answers, Robyn and Leanne draw on their experiences as organisers and educators, commenting on anticolonial struggles, the Movement for Black Lives, and the rise of abolition discourse. Stressing the need to build a multiplicity of shared homespaces in the face of racial/colonial capitalism and organized abandonment, they challenge us to rethink the predicaments and possibilities of the present, enabling us to imagine futures liberated of extractivist, carceral governance – “planting more liberatory futures in the present”, as Robyn puts it. The task of sowing those seeds is a collective praxis of rewriting the narratives that constitute us, refusing to hear that nothing can change and insisting that everything must. (shrink)

El materialismo de la Edad Moderna nos describe al hombre como una máquina, comparable a un complejo artilugio mecánico. Cabe entonces imaginar que una máquina no-biológica pueda constituir un ser pensante como lo son los seres humanos, e incluso cabría pensar en la posibilidad de codificación de una mente humana real para su posterior trasvase a un sustrato artificial. Considero que estas últimas posiciones son más propias de la cultura friki o de amantes de la ciencia ficción que de una (...) cultura humanista seria. En cualquier caso, una cosa parece clara: la simulación por ordenador de cualquier tipo de materia no es la materia misma. Una simulación por ordenador de una estrella no emite luz ni calor, y del mismo modo tampoco ofrece calor humano (en términos materiales) ni voluntad de vivir una máquina que hipotéticamente pueda contener toda la información sobre el ser humano y simular sus respuestas. -/- English translation: The materialism of the Modern Age describes human beings as machines, comparable to complex mechanical devices. It is then possible to imagine that a non-biological machine can constitute a thinking being as humans are, and one could even think of the possibility of coding a real human mind for its subsequent transfer to an artificial substrate. I think that these latter positions are more typical of the geek culture or of science fiction lovers than of a serious humanist culture. In any case, one thing seems clear: the computer simulation of any type of matter is not the matter itself. A computer simulation of a star does not emit light or heat, and likewise a machine that hypothetically can contain all the information about a human being and simulate his/her responses offers neither human heat (in material terms) nor will to live. (shrink)

What constitutes a good life? A hedonist’s answer to this question is rather simple— more pleasure, less pain. While hedonism was previously a widely accepted belief, it now suffers from several crucial objections. A challenge particularly vexing to hedonists is the Philosophy of Swine: could it be possible that our lives may be less than that of a theoretical swine? In this essay, I argue that lifetime hedonism, the view of hedonism concerned with one’s total lifelong well-being, does not survive (...) this objection. In particular, I will refute the counterarguments that modern-day hedonist, Ben Bramble, presents against the Philosophy of Swine objection. -/- . (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)

This is the first book-length philosophical study of Husserl’s transcendental phenomenology and Freud’s theory of the unconscious. The book investigates the possibility for Husserl’s transcendental phenomenology to clarify Freud’s concept of the unconscious with a focus on the theory of repression as its centre. Repression is the unconscious activity of pushing something away from consciousness, while making sure that it remains active as something foreign within us. How this is possible is the main problem addressed in the work. Unlike previous (...) literature (including Ricœur, Merleau-Ponty and Derrida) this book makes full use of the resources of genetic phenomenology and passivity in the attempt to clarify the Freudian unconscious. The central argument developed is that the structure of the lebendige Gegenwart as the core of Husserl’s theory of passivity consists of preliminary forms of bodily kinaesthesia, feelings and drives in a constantly ongoing process where repression occurs as a necessary part of all constitution. The clarification of Freudian repression thus takes place by showing how it presupposes a broad conception of consciousness such as that presented by Husserl’s genetic phenomenology. By arguing that “repression” is central to any philosophical account of subjectivity, this book takes on the most distinct challenge to philosophy posed by Freud. (shrink)

It is often claimed that the development of nanotechnology will constitute a “technological revolution” with profound social, economic, and political consequences. The full implications of this claim can best be understood by imagining a scenario in which a political revolutionary made all the same claims that are commonly made by enthusiasts for nanotechnology. I argue that most people would be outraged to learn that the members of an unelected group were planning to radically reshape society in this fashion. I survey (...) a number of arguments that might be used to block this analogy and argue that none of them justify drawing a sharp distinction between social change due to technology and change due to other political causes. Two things follow for discussions of the social impacts of nanotechnology. First, we need to reconsider the appropriateness of the language of technological revolution when talking about nanotechnology. The likely impacts of nanotechnology may be less dramatic than is often claimed. Second, if we do decide that the language of revolution is the appropriate one to use when talking about nanotechnology then we should acknowledge that any such revolution should be delayed until the public has had a chance to make a democratic decision about whether they wish their lives to be transformed in this way. (shrink)

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of the (...) United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)