Many prominent proponents of Old and New Natural Law morally condemn sexual acts between people of the same sex because those acts are incapable of reproduction; they each offer a distinct set of supporting reasons. While some New Natural Law philosophers have begun to distance themselves from this moral condemnation, there are not many similarly ameliorative efforts within Old Natural Law. I argue for the bold conclusion that Old Natural Law philosophers can accept the basic premises of Old Natural (...) Law without also being committed to morally condemning sexual activity between people of the same sex. I develop an argument from analogy that shows how we can draw metaphysically distinct sub‐categories based on someone's capacity to experience the unitive goods of sex. This unitive capacity constitutes the sub‐category and provides a distinct principle for evaluating how members of that sub‐category (X) act as members of that sub‐category, rather than as acting as defective members of another category (Y). Even though my argument is ‘internal’ to Old Natural Law, I conclude by showing how these conclusions can also address some of the objections to same‐sex sex in New Natural Law. (shrink)

This paper develops a criterion for sameness of Fregean senses. I consider three criteria: logical equivalence, intensional isomorphism, and epistemic equipollence. I reject the first two and argue for a version of the third.

In this paper I examine the concept of cross-temporal personal identity (diachronicity). This particular form of identity has vexed theorists for centuries -- e.g.,how can a person maintain a belief in the sameness of self over time in the face of continual psychological and physical change? I first discuss various forms of the sameness relation and the criteria that justify their application. I then examine philosophical and psychological treatments of personal diachronicity(for example,Locke's psychological connectedness theory; the role of episodic memory) (...) and find each lacking on logical grounds, empirical grounds, or both. I conclude that to achieve a successful resolution of the issue of the self as a temporal continuant we need to draw a sharp distinction between the feeling of the sameness of one's self and the evidence marshaled in support of that feeling. (shrink)

Homology is a biological sameness relation that is purported to hold in the face of changes in form, composition, and function. In spite of the centrality and importance of homology, there is no consensus on how we should understand this concept. The two leading views of homology, the genealogical and developmental accounts, have significant shortcomings. We propose a new account, the hierarchical-dependency account of homology, which avoids these shortcomings. Furthermore, our account provides for continuity between special, general, and serial homology.

The kinds of real or natural kinds that support explanation and prediction in the social sciences are difficult to identify and track because they change through time, intersect with one another, and they do not always exhibit their properties when one encounters them. As a result, conceptual practices directed at these kinds will often refer in ways that are partial, equivocal, or redundant. To improve this epistemic situation, it is important to employ open-ended classificatory concepts, to understand when different research (...) programs are tracking the same real kind, and to maintain an ongoing commitment to interact causally with real kinds to focus reference on those kinds. A tempting view of these non-idealized epistemic conditions should be avoided: that they signal an ontological structure of the social world so plentiful that it would permit ameliorated classificatory schemes to achieve their normative aims regardless of whether they defer to real-kind classificatory schemes. To ground these discussions, the essay appeals to an overlooked convergence in the systematic naturalistic frameworks of Richard Boyd and Ruth Millikan. (shrink)

The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined to resist (...) Liberalism are invited to consider an alternative position: the Libertarian stance that favors instead the ‘disestablishment’ of marriage. (shrink)

Evidential support is often equated with confirmation, where evidence supports hypothesis H if and only if it increases the probability of H. This article argues against this received view. As the author shows, support is a comparative notion in the sense that increase-in-probability is not. A piece of evidence can confirm H, but it can confirm alternatives to H to the same or greater degree; and in such cases, it is at best misleading to conclude that the evidence supports (...) H. The author puts forward an alternative view that defines support in terms of measures of degree of confirmation. The proposed view is both sufficiently comparative and able to accommodate the increase-in-probability aspect of support. The author concludes that the proposed measure-theoretic approach to support provides a superior alternative to the standard confirmatory approach. (shrink)

Ought parents, in general, to value being biologically tied to their children? Is it important, in particular, that both parents be biologically tied to their children? I will address these fundamental questions by looking at a fairly new practice within IVF treatments, so-called IVF-with-ROPA ( Reception of Oocytes from Partner ), which allows lesbian couples to „share motherhood‟ with one partner providing the eggs while the other becomes pregnant. I believe that IVF-with-ROPA is, just like other IVF treatments, morally permissible; (...) but here I argue that the increased biological ties which IVF-with-ROPA allows for do not have any particular value beside the satisfaction of a legitimate wish, because there is no intrinsic value in a biological tie between parents and children; further, I argue that equality within parental projects cannot be achieved by redistributing biological ties. (shrink)

However liberalism is best understood, liberals typically seek to defend a wide range of liberty. Since same-sex marriage [henceforth: SSM] prohibitions limit the liberty of citizens, there is at least some reason to suppose that they are inconsistent with liberal commitments. But some have argued that it is the recognition of SSM—not its prohibition—that conflicts with liberalism’s commitments. I refer to the thesis that recognition of SSM is illiberal as “The Charge.” As a sympathetic liberal, I take The Charge (...) seriously enough to consider and ultimately reject it. Ultimately, I contend that The Charge is simply misguided and that arguments for it either fail to find support in some liberal principle or else find support from some illiberal principle. (shrink)

The relationship between Vietnam and China could be captured in the Chinese expression of “同床异梦”, which means lying on the same bed but having different dreams. The two countries share certain cultural and political similarities but also diverge vastly in their national interests. This paper adds to the extant literature on this topic by analyzing the element of trust/mistrust in their interactions in trade-investment, tourism, and defense-security. The analysis shows how the relationship is increasingly interdependent but is equally fragile (...) due to the lack of trust on both sides. The mistrust or even distrust of Chinese subjects run deep within the Vietnamese mindset, from the skepticism of Chinese investment, Chinese tourists, discrimination against ethnic Chinese, to the caution against Chinese aggression in the South China Sea. The paper forecasts that, despite the deep-seated differences and occasional mistrust, going forward, neither side would risk damaging the status quo even when tensions peak. (shrink)

In this paper I contrast the metaphysical philosophies of Benedict de Spinoza and the ‘sudden enlightenment’ tradition of Chan Buddhism. Spinoza’s expressivist philosophy, in which everything can be conceived via a lineage of finite causes terminating in substance as a metaphysical ground of all things, emphasises the relative sameness of all entities. By contrast, Chan’s philosophy of emptiness, which rests on the dependent co-origination of all entities, renders such comparison fundamentally meaningless. Having no source beyond dependent co-origination to generate a (...) thing’s distinct nature leads to a metaphysics in which, rather than being relatively similar or different, all things are at one and the same time absolutely the same and absolutely distinct. As a result, Spinoza grounds ethics wholly is sameness or similarity, whereas Chan transcends the dichotomy of sameness and difference and offers an environmental ethics grounded simultaneously in absolute sameness and absolute difference. As a result, in Spinoza’s case, the dissimilarity between human beings and the non-human world places limits on our concern for it. In Chan Buddhism, however, insight into the emptiness of all phenomena leads to a concern for all entities in their suchness, regardless of whether they are similar or different to human beings. As such, I argue that Chan is in a better position than Spinoza to develop a robust environmental ethic. (shrink)

Few views are as widely held as the Standard View of Identity. Here I am concerned with minority views that depart from the standard account. First, I attempt to illuminate such views and the debates concerning them by identifying the principles of identity at issue, articulating some of the assumptions underlying the debates, and presenting some of the evidence used against the Standard View of Identity. Second, I enter two of these debates myself. I first defend two Non-Standard Views of (...) Identity from the charge that they violate a principle of identity, namely the Transitivity of Identity. I then present an overlooked consequence of another Non-Standard View of Identity that challenges the view on one of its own methodological principles. Third, I draw on recent work in ontological and parthood pluralism to show how one might be led to think that there is more than one way of being identical. That is, I show how one might be an identity pluralist. (shrink)

Abstract: How exactly should the relation between a veridical perception and a corresponding hallucination be understood? I argue that the epistemic notion of ‘indiscriminability’, understood as lacking evidence for the distinctness of things, is not suitable for defining this relation. Instead, we should say that a hallucination and a veridical perception involve the same phenomenal properties. This has further consequences for attempts to give necessary and sufficient conditions for the identity of phenomenal properties in terms of indiscriminability, and for (...) considerations about the phenomenal sorites. (shrink)

Philosophers often talk about the things we say, or believe, or think, or mean. The things are often called ‘propositions’. A proposition is what one believes, or thinks, or means when one believes, thinks, or means something. Talk about propositions is ubiquitous when philosophers turn their gaze to language, meaning and thought. But what are propositions? Is there a single class of things that serve as the objects of belief, the bearers of truth, and the meanings of utterances? How do (...) our utterances express propositions? Under what conditions do two speakers say the same thing, and what (if anything) does this tell us about the nature of propositions? There is no consensus on these questions—or even on whether propositions should be treated as things at all. During the second Propositions and Same-Saying workshop, which took place on July 19–21 2010 at the University of Sydney, philosophers debated these (and related) questions. The workshop covered topics in the philosophy of language, perception, and metaphysics. The present volume contains revised and expanded versions of the papers presented at the workshop. (shrink)

When someone says she believes that God exists, is she expressing the same kind of mental state as when she says she thinks that a lake bigger than Lake Michigan exists⎯i.e., does she refer to the same kind of cognitive attitude in both cases? Using evidence from linguistic corpora (Study 1) and behavioral experiments (Studies 2-4), the current work provides evidence that individuals typically use the word “believe” more in conjunction with statements about religious credences and “think” more (...) in conjunction with factual statements, pointing to two different understandings of claims made with these two terms. These patterns do not appear to reflect low-level differences based on the amount of consensus surrounding a particular claim, the extent to which the truth of a particular claim is known to the participant, or linguistic differences between religious and factual statements. We discuss implications of these findings for religious cognition (e.g., as supporting the theory that religious credences are qualitatively distinct from factual beliefs) as well as cognitive processes more broadly. Finally, we relate the present findings to prior theoretical work on differences between factual belief and religious credence. (shrink)

The way in which vision represents objects as being the same despite movement and qualitative changes has been extensively investigated in contemporary psychology. However, the formal properties of the visual sameness relation are still unclear, for example, whether it is an identity-like, equivalence relation. The paper concerns one aspect of this problem: the transitivity of visual sameness. Results obtained by using different experimental paradigms are analysed, in particular studies using streaming/bouncing stimuli, multiple object tracking experiments and investigations concerning object-specific (...) preview benefit, and it is argued that the transitive interpretation of visual sameness is the most plausible given the current stage of knowledge. What is more, it is claimed that the way in which visual sameness is represented suggests that in some cases it should be characterized as a “primitive sameness”, similarly as in philosophical theories postulating “thisness”. (shrink)

The paper argues that same-sex marriage ought to be legalized. The argument is ecumenical and appeals only to basic principles of liberal government. Specifically, the paper argues that if the government is offering an opportunity to one group, then it may not withhold the opportunity from another on the ground that the people receiving it are immoral or that their receipt of the opportunity would spread immoral messages. The only acceptable ground is that the group’s receipt would cause wrongful (...) harm to third-parties that would outweigh the benefits. Same-sex marriage would not do so, and thus it must to be allowed. As part of this argument, the paper addresses the popular stamp-of-approval and defense-of-marriage arguments against same-sex marriage. (shrink)

Fisher criticised the Neyman-Pearson approach to hypothesis testing by arguing that it relies on the assumption of “repeated sampling from the same population.” The present article considers the responses to this criticism provided by Pearson and Neyman. Pearson interpreted alpha levels in relation to imaginary replications of the original test. This interpretation is appropriate when test users are sure that their replications will be equivalent to one another. However, by definition, scientific researchers do not possess sufficient knowledge about the (...) relevant and irrelevant aspects of their tests and populations to be sure that their replications will be equivalent to one another. Pearson also interpreted the alpha level as a personal rule that guides researchers’ behavior during hypothesis testing. However, this interpretation fails to acknowledge that the same researcher may use different alpha levels in different testing situations. Addressing this problem, Neyman proposed that the average alpha level adopted by a particular researcher can be viewed as an indicator of that researcher’s typical Type I error rate. Researchers’ average alpha levels may be informative from a metascientific perspective. However, they are not useful from a scientific perspective. Scientists are more concerned with the error rates of specific tests of specific hypotheses, rather than the error rates of their colleagues. It is concluded that neither Neyman nor Pearson adequately rebutted Fisher’s “repeated sampling” criticism. Fisher’s significance testing approach is briefly considered as an alternative to the Neyman-Pearson approach. (shrink)

Ordinary judgments about personal identity are complicated by the fact that phrases like “same person” and “different person” have multiple uses in ordinary English. This complication calls into question the significance of recent experimental work on this topic. For example, Tobia (2015) found that judgments of personal identity were significantly affected by whether the moral change described in a vignette was for the better or for the worse, while Strohminger and Nichols (2014) found that loss of moral conscience had (...) more of an effect on identity judgments than loss of biographical memory. In each case, however, there are grounds for questioning whether the judgments elicited in these experiments engaged a concept of numerical personal identity at all (cf. Berniūnas and Dranseika 2016; Dranseika 2017; Starmans and Bloom 2018). In two pre-registered studies we validate this criticism while also showing a way to address it: instead of attempting to engage the concept of numerical identity through specialized language or the terms of an imaginary philosophical debate, we should consider instead how the identity of a person is described through the connected use of proper names, definite descriptions, and the personal pronouns “I”, “you”, “he”, and “she”. When the experiments above are revisited in this way, there is no evidence that the differences in question had an effect on ordinary identity judgments. (shrink)

Experience clearly suggests that most legal philosophers and ethicists are not surprised to be told that liberal states cannot permissibly prohibit same-sex marriage (henceforth: SSM). It is somewhat less clear just what the appropriate liberal strategy is and should be in defense of this thesis. Rather than try to defend SSM directly, I shall proceed indirectly by arguing that SSM prohibitions are indefensible on liberal grounds. Initially, I shall consider what I take to be the most powerful liberal argument (...) against SSM prohibitions and account for my reservations about it. Then, I shall propose an alternative argument with roots in constitutional law that since SSM prohibitions do not survive liberal scrutiny, they must be rejected. (shrink)

Projects of conceptual engineering that aim to ameliorate concepts face the challenge of topic continuity. In some instances of conceptual amelioration, a particularly strong kind of continuity is needed: Sameness of subject matter. This paper examines how sameness of subject matter can be maintained in conceptual amelioration. It starts from a view that sees concepts as ways of thinking, implying that to change a concept is to replace it. At first sight, this view seems incompatible with maintaining sameness of subject (...) matter in conceptual amelioration. Accordingly, Sally Haslanger and Sarah Sawyer have suggested accounts of conceptual amelioration that do without replacing concepts. On their accounts, the persisting concept is supposed to guarantee sameness of subject matter. However, both accounts face problems. Therefore, I suggest a different account to maintain sameness of subject matter inspired by Bartels’s chains of meaning theory. On this account, sameness of subject matter is guaranteed through a common referent of the pre- and the post-amelioration concept, established from the post-amelioration perspective. The account allows for sameness of subject matter even though concepts are replaced in the ameliorative process. (shrink)

I discuss Aristotle’s views in Metaphysics VII-6 (Z-6) on the issue whether each thing is the same as its essence. I propose a deflationary interpretation according to which Z-6 develops a “logical approach” (logikos) in which “sameness” amounts only to coextensiveness between definiendum and definiens with no attention to more specific issues about ontological and explanatory features of definitions.

Internalism and externalism disagree about whether agents who are internally the same can differ in their mental states. But what is it for two agents to be internally the same? Standard formulations take agents to be internally the same in virtue of some metaphysical fact, for example, that they share intrinsic physical properties. Our aim in this chapter is to argue that such formulations should be rejected. We provide the outlines of an alternative formulation on which agents (...) are internally the same in virtue of facts about their epistemic capacities. The resulting formulation is one on which internalism and externalism are views about the extent to which an agent’s mental states can vary independently of the capacity for introspective discrimination. We suggest that this epistemic formulation of internalism and externalism picks out a substantive disagreement in philosophical theorizing about the nature of the mind. (shrink)

In this article, I argue that arguments from the history of science against scientific realism, like the arguments advanced by P. Kyle Stanford and Peter Vickers, are fallacious. The so-called Old Induction, like Vickers's, and New Induction, like Stanford's, are both guilty of confirmation bias—specifically, of cherry-picking evidence that allegedly challenges scientific realism while ignoring evidence to the contrary. I also show that the historical episodes that Stanford adduces in support of his New Induction are indeterminate between a pessimistic and (...) an optimistic interpretation. For these reasons, these arguments are fallacious, and thus do not pose a serious challenge to scientific realism. (shrink)

Recent advances in stem cell research suggest that in the future it may be possible to create eggs and sperm from human stem cells through a process that we term in vitro gametogenesis (IVG). IVG would allow treatment of some currently untreatable forms of infertility. It may also allow same-sex couples to have genetically-related children. For example, cells taken from one man could potentially be used to create an egg, which could then be fertilised using naturally produced sperm from (...) another man to create a genetically-related child with half of its DNA from each of the men. In this chapter, we consider whether this technology could justifiably be denied to same-sex couples if it were made available as a fertility treatment to different-sex couples. We argue that it could not. (shrink)

In this paper, I want to address once more the venerable problem of intentional identity, the problem of how different thoughts can be about the same thing even if this thing does not exist. First, I will try to show that antirealist approaches to this problem are doomed to fail. For they ultimately share a problematic assumption, namely that thinking about something involves identifying it. Second, I will claim that once one rejects this assumption and holds instead that thoughts (...) are constituted either by what they are about, their intentional objects, or by what determines their proposition-like intentional contents, one can address the problem of intentional identity in a different way. One can indeed provide a new solution to it that basically relies on two factors: a) what sort of metaphysical nature intentional objects effectively possess, once they are conceived as schematic objects à la Crane (2001, 2013); b) whether such objects really belong to the overall ontological inventory of what there is. According to this solution, two thoughts are about the same nonexistent intentional object iff i) that object satisfies the identity criterion for objects of that metaphysical kind and ii) objects of that kind belong to the overall ontological inventory of what there is, independently of whether they exist (in a suitable first-order sense of existence). As such, this solution is neither realist nor antirealist: only if condition ii) is satisfied, different thoughts can be about the same nonexistent intentionale; otherwise, they are simply constituted by the same intentional content (provided that this content is not equated with that intentionale). Third, armed with this solution, I will hold that one can find a suitable treatment of the specific and related problem of whether different people may mock-think about the same thing, even if there really is no such thing. Finally, I will try to show that this treatment can be also applied to the case in which different thoughts are, according to phenomenology, about the same intentionale and yet this intentionale is of a kind such that there really are no things of that kind. For in this case, such thoughts are about the same intentionale only fictionally. (shrink)

Ibn Djuljul from Andalusia who wrote in the Western Islamic World and Nadīm from Baghdād who wrote in the Eastern Islamic World, give information about lots of physicians and translators in their books that contributed significantly to history of science. Both authors write their books at same time or very close time. Sometimes they offer similar information, but sometimes they provide different information. -/- One of the physicians whom Ibn Djuljul mentioned in his book, Māsarjawayh lived at the times (...) of Umayyads. Nadīm gives information about Māsarjīs who lived at the times of Abbāsids. However, in the course of centuries, some authors combined the knowledge about these two people by giving reference to Ibn Djuljul’s and Nadīm’s work and represented as the same person. Accordingly, most of the modern scholars mentioned the two authors as a substitute. -/- This paper wants to keep track of this confusion and wants to clarify whether Māsarjawayh who was mentioned by Ibn Djuljul and Māsarjīs who was told by Nadīm are the same person or not. (shrink)

Aristotle’s points about sameness or identity are as follows: 1. Aristotle speaks of different senses of same (ταὐτόν) in some of his works but it seems that the most comprehensive division is found in Topics (I, 7, 103a7-25) where he mentions three kinds of sameness: numerically, specifically and generically besides a fourth kind he calls ‘in view of unity of species.’ The numerically sameness on which there is the greatest agreement (To. , I, 7, ^103a25) and is the strictest (...) sense of sameness (To., H, 1, 151b26-27) occurs when there is more than one name but only one thing. Specific sameness occurs when while there is more than one thing, they present no differences in respect of their species. Likewise, generic sameness occurs when there is more than one thing but they fall under the same genus. Aristotle also speaks of a sameness ‘in view of unity of species’ like the sameness of water from the same spring. We discussed this under the name of ‘family resemblance.’ In Metaphysics (I, 1054a32-b2) he also speaks of a sameness ‘both in formula and in number as well as a sameness in the formula of the primary substance. We also observe Aristotle distinguishing sameness from likeness because the former occurs in substance while the latter in quality. (Met., Δ, 1021a11-12) There are several other senses of sameness in book Δ of Metaphysics. One sense is accidental sameness in which two things are called the same either because they are accidents of the same thing or because one is the accident of the other. (Met., Δ, 1017b27-29) In another sense, a complex notion is considered as the same of either of the simple notions. (Met., Δ, 1017b30-33) He also speaks of a general rule of being the same: ‘Things are said to be the same by their own nature in as many ways as they are said to be one’ like being one in matter or substance. (Met., Δ, 1018a4-7) 2. ‘We know things in so far as they have the same unity and identity and in so far as some attribute belongs to them universally (ᾗ καθόλου τι ὑπάρχει).’ (Met., B, 999a28-29) 3. Herman Weidemann believes that in Met., Z, 11 (1037a33-b7) only primary substances are considered to be identical with what it is for each of them to be. This, however, is not the same as primary substance in Categories but is rather meant to cover the individualized substantial form of each thing (τὸ εἶδος τὸ ἐνον), like the soul of a man (1037a28-29). Therefore, ‘if we take substance which is ‘primary’ in this sense and ‘say just what it is,’ we must indeed be producing a statement of identity. … To say of a man that he is essentially an animal of such and such a kind is not to mean, however, that the man in question is identical with what he is said to be essentially.’ Thus, while an essential predication in which the subject is the primary substance of Metaphysics Z (i.e. substantial form) and the predicate just what it is, is ‘genuine statement of identity,’ the predication in which the subject is primary in the sense of the Categories and the predicate its secondary substance, is a predicative statement in a strict sense. (shrink)

In this paper the sameness and difference between two distinguished Indian authors, Rokeya Sakhawat Hossain (1880–1932) and Mahasweta Devi (b. 1926), representing two generations almost a century apart, will be under analysis in order to trace the generational transformation in women’s writing in India, especially Bengal. Situated in the colonial and postcolonial frames of history, Hossain and Mahasweta Devi may be contextualized differently. At the same time their subjects are also differently categorized; the former is not particularly concerned with (...) subalterns whereas the latter specifically focuses on the effect of race and class on gender. The quest for the ‘self’ and ‘subjectivity’ is more pertinent in the latter and consequently the appeal for agency is based on a crude power struggle. Hossain, a philanthropist who championed the woman question, believed that striving for equality should be a collective process which could be achieved by spreading awareness among fellow-inmates inhabiting the prison of patriarchy. Like Euro-American first-wave feminists, Rokeya advocated the necessity of education among women in order for them to be able to comprehend their plight and ‘awake’ for the cause. She addresses fundamental issues of feminism like education and the systematized claustrophobia within the domestic space. Whereas Mahasweta Devi, has been an activist writer who is regarded as the brand ambassador for the support of the marginalized, deprived and denotified tribes of India. It is her mission to provide succour to the marginalized sections, especially tribes from the Purulia district of West Bengal, like the Kherias and Shabars. As an activist writer she explores tribal life and allied socio-political issues which reflect their agony. (shrink)

Much French philosophy of the late twentieth and early twenty-first centuries has been marked by the positive valorization of alterity, an ethical position that has recently received a vigorous assault from Alain Badiou’s privilege of sameness. This article argues that Badiou shares a great deal in common with the philosophies of alterity from which he seeks to distance himself, and that Michel Serres’s little-known account of alterity offers a much more radical alternative to the ethics of difference. Drawing on both (...) translated and as yet untranslated works, I argue that the Serresian ontology of inclination, along with his conceptual personae of the hermaphrodite and the parasite, informs ethical and political positions that offer a distinctive ethics and politics that present fresh insights about the relation between the singular and the universal, the contingency of market exchange, and the nature of violence. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational (...) basis review in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is better suited (...) for including same-sex couples where legal benefits and burdens of marriage are at stake. (1) I reconstruct arguments from privacy and the controversial ruling of Bowers v. Hardwick but discount this strategy for problematic legal reasons. (2) In order for equal protection to apply, sexual orientation must meet the criteria of suspect classification that the Court has established. (3) Since sexual orientation meets these criteria, heightened scrutiny should be applied to such legislation on equal-protection grounds. (4) Finally, I rely on some familiar Rawlsian arguments of public justification that demonstrate why this extension of marriage rights is consistent with basic constitutional principles. (shrink)

Many countries throughout the globe function in a system that allows the usage of more than one language. Such a multilingual social reality’s construction, especially in societies like the one in which I am living, is perceived in many different ways: attempting thus to provide for the process of differentiating identity’s oneness and sameness into various cultural subcategories, which already represent new realities. Due to newly created social realities, semiotics naturally discusses the differences and/or oppositions that can contribute to various (...) cultures’ mutual exclusivity or inclusivity, in terms of various heterogeneous “transformations,” which would thus overcome dualities, and be viewed as single acts of signs, or as a result of a process of singularization of their constituent components. I shall also attempt using a semiotic style that may enact a semiotics of action, grounded on the semiotics of passions, through a way of producing semantic taxonomies as pride versus humiliation, hegemony versus subordination, etc., obtainable due to disjunctive and/or conjunctive semiotic relations such as contextualization versus de-contextualization. (shrink)

____Race/Sex__ is the first forum for combined discussion of racial theory and gender theory. In sixteen articles, avant-garde scholars of African American philosophy and liberatory criticism explore and explode the categories of race, sex and gender into new trajectories that include sexuality, black masculinity and mixed-race identity.

How many championships have the Lakers won? Fourteen, if one counts those won in Minneapolis; nine, otherwise. Which is the correct answer? Is it even obvious that there is a correct answer? One is tempted to identify a team with its players. But teams, like ordinary objects, seem to survive gradual turnover of their parts. Suppose players from the Lakers are gradually replaced, one by one, over the years. We have the intuition that the team persists through this change, even (...) after none of the original players remain. Suppose too that these original players wind up playing for the Celtics. Lakers fans face an awkward question: for whom should they root? On the one hand, they have the team currently playing in L.A.—a team that has continued gradually through the years, who wear the same uniforms, but now can’t make the playoffs. On the other hand, there are the beloved Lakers starting five (responsible for all those championships) now playing together in the hated Boston garden—a team which looks (despite wearing those hated Celtics jerseys) and plays just like the Lakers of old. What’s a loyal fan to do? (shrink)

Media reporters often announce that we are on the verge of bringing back the woolly mammoth, even while there is growing consensus among scientists that resurrecting the mammoth is unlikely. In fact, current “de-extinction” efforts are not designed to bring back a mammoth, but rather adaptations of the mammoth using close relatives. For example, Harvard scientists are working on creating an Asian elephant with the thick coat of a mammoth by merging mammoth and elephant DNA. But how should such creatures (...) be classified? Are they elephants, mammoths, or both? Answering these questions requires getting clear about the concept of reproduction. What I hope to show is that with an appropriate notion of reproduction—one for which I will argue—resurrecting a member of Mammuthus primigenius is a genuine possibility. (shrink)

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition (...) “show[s] a different version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)

In this article, we consider music and noise in terms of vibrational and transferable energy as well as from the evolutionary significance of the hearing system of Homo sapiens. Music and sound impinge upon our body and our mind and we can react to both either positively or negatively. Much depends, in this regard, on the frequency spectrum and the level of the sound stimuli, which may sometimes make it possible to set music apart from noise. There are, however, two (...) levels of description: the physical-acoustic description of the sound and the subjective-psychological reactions by the listeners. Starting from a vibrational approach to sound and music, we first investigate how sound may activate the sense of touch and the vestibular system of the inner ear besides the sense of hearing. We then touch upon distinct issues such as the relation between low-frequency sounds and annoyance, the harmful effect of loud sound and noise, the direct effects of overstimulation with sound, the indirect effects of unwanted sounds as related to auditory neurology, and the widespread phenomenon of liking loud sound and music, both from the point of view of behavioral and psychological aspects. (shrink)

It is recognized that Buddhadharma schools are markedly ontologically, epistemologically, and semantically nominalist. Regardless of that, when it comes to the use of the term “consciousness”, there is still a tendency in some Western circles to understand Buddhism in a solipsist or monist way. To this purpose, I argue that the general expression “consciousness” from Buddhadharma texts must be understood according to traditional nominalist Buddhist semantics and theory of entities. In the end, I briefly mention some arguments and viewpoints – (...) defending the plurality/diversity of consciousness – of some Buddhist Dzogchen scholars and masters. (shrink)

Fetuses and their mothers (and other adults) share many objective interests. These include interests in disjunctive ways of achieving human well-being, including the formation and success of good projects such as particular friendships. Pursuing such good projects is in the individual’s interests and is what growing up is all about. Some interests are time-sensitive, and determining which interests apply at what stages in life requires asking which benefits are in some sense appropriate to the individual and still in his/her actual (...) or possible or even hypothetical future. Human individuals not only have interests in unconditional benefits to them, including the welfare of existing family members, but in conditional benefits to them, including the welfare of possible future family members. Even if not all interests apply to the individual at every stage, if an adult-type benefit is still in the (long-term) future, the young individual including the fetus has a stake in that benefit, conditional as the benefit may sometimes be. Fulfilment is enhanced by pursuit and conscious enjoyment of ‘human goods’, but as with adults, the stake in these remains strong even if psychological links with the long-term future in which this happens are tenuous or non-existent. (shrink)

I argue that same-sex divorce presents a different kind of potential constraint to the agency of persons pursuing the dissolution of their marriage; a constraint upon one’s counterstory and the reconstitution of one’s personal identity. The dialectic within the paper mirrors the movements that I have had to make as I have sought to constitute and reconstitute myself throughout my divorce process. Beginning from a juridical perspective, I examine how the constraints on same-sex divorce present constraints on one’s (...) agency that are antithetical to the spirit of a liberal democratic conception of freedom of movement. I then explore the role of narrative in my self-(re)constitution, as well as the limits of the narrative and counterstories, when the institutional framework of the State fails to acknowledge the change in my State-sanctioned personal relationship. I end by arguing that this view from the law ignores the ways in which we relationally constitute ourselves, and in so doing covers over the harms done to persons that find themselves in a married-yet-not state of limbo. (shrink)

This paper focuses on Martin Montminy’s recent attempt to show that assertion and practical reasoning are necessarily governed by the same epistemic norm (“Why assertion and practical reasoning must be governed by the same epistemic norm”, Pacific Philosophical Quarterly [2013]). I show that the attempt fails. I finish by considering the upshot for the recent debate concerning the connection between the epistemic norms of assertion and practical reasoning.

This book first published in the year 2021 June. Paperback: 240 pages Publisher: Kuhn von Verden Verlag. Includes bibliographical references. 1). Philosophy. 2). Metaphysics. 3). Philosophy, German. 4). Philosophy, German -- 19th century. 5). Philosophy, German and Greek Influences Metaphysics. 6). Nihilism (Philosophy). 7). Eternal return. I. Nietzsche, Friedrich Wilhelm, 1844-1900. II. Ferrer, Daniel Fidel, 1952-.[Translation from German into English of Friedrich Nietzsche’s notes of 1881]. New Translation and Notes by Daniel Fidel Ferrer. Many of the notes have never been (...) translated into English before. Go inside the workshop of a great philosopher's mind and read these notes. Table of Contents Introduction and Preface (Pages: 1-11 ) Notebook: 11 = M III 1. Spring - Autumn 1881 11 [1 to 348] (Pages: 12-167 ) Nietzsche’s Notebooks in English: a Translator’s Introduction and Afterward (Pages: 168-183 ) The thought of the eternal return of the same (Pages: 184-197 ) Later Recapitulation note of 1888 14 [188] (Pages: 198-204 ) Rejection of the idea of eternal (Pages: 205 ) Translation of 4 notes by Nietzsche on Perspectivism (Pages: 206-210 ) Nietzsche gets some final few words (Pages: 211-216 ) Bibliographies (Pages: 217-236 ) Project started in summer of 2012. No one else has read this book for errors. As always, any errors, mistakes or oversights etc. are mine alone. Given a couple more years, I could improve this book. This is a philosophical translation and not a philological translation. If you want to get in to more philological details you must learn German (see Nietzschechannel plus many published books on the topics). Translation notes. I have not tried to fix, polish-up, or clarify Nietzsche’s unpublished writings. Some of the translator have really refined Nietzsche’s ideas and positions. I have not “fixed” Nietzsche. I have not dropped or added words or changed the wording to make Nietzsche’s position clearer or stronger (others have done enough damage). Learn German and read the texts in German – my best recommendation and advice to you the reader. There are groups on the internet that work on all the details of translating Nietzsche’s remarks. There are many nuances and shades of the meaning in attempting to translate anyone’s language. Some words I could not translate from German and French; and I left those few words in German, but more words in French. I think most of the French texts are quotes that Nietzsche wrote down from French authors that he was reading at the time he wrote these notes. Reader beware. There are many historical and philosophical allusions as in all of Nietzsche’s philosophical writings and these notebooks are similar. Remember these are “notebooks” and include lots of notes or jottings -- and these are neither fragments nor polished drafts for publication. Nietzsche may have written these notebooks from back to front and re-used various notebooks at a later time. In the German text there are missing punctuations marks, missing quotation marks, missing words, abbreviation of words, miss numbered section, working table of contents for project books he wanted to publish, projects outlined, quotes without quote marks. Enjoy reading and thinking with Nietzsche in his unpublished notes. (shrink)

Vere Chappell has pointed out that it is not clear whether Locke has a well-developed ontology or even whether he is entitled to have one.2 Nevertheless, it is clear that Locke believes that there are organisms, and it is clear that he thinks that there are substances. But does he believe that organisms are substances? There are certainly parts of the Essay in which Locke seems unequivocally to state that organisms are substances. For instance, in 2.23.3 Locke uses men and (...) horses as examples of substances. In Locke’s most explicit the account of abstraction, given in 3.3.7-9, organism [vivens] is treated as a sub-species of body and body as a sub-species of substance; so, by transitivity, organism is a kind of substance. Finally, in his discussion of essences in 3.6, Locke uses all of the following organisms as examples of substances: horses, mules, men, sheep, goats, plants, drills, changelings, asses, bulls, cats, and rats. This textual evidence would seem to settle the matter about the ontological status of organisms. However, there are other parts of the Essay in which the ontological status of organisms is less clear, to say the least. In fact, there are texts in which Locke seems to state (or at least to be committed to the.. (shrink)

Both society and plasma (ionized gas) fluid are composed of active, interactive, and free, individuals. These individuals are responded to any internal and external effects (fields for plasma), and exhibit collective behaviour. According to this structure, there are a wide range of similarities between the plasma fluid and the society. The nature of fluidity of plasma arises from the interaction of its free interactive charges, so the society may behave as a fluid owing to the free interactive individuals. This fluid (...) model may explain many social phenomena like social instability, diffusion, flow, viscosity...So the society behaves as a sort of intellectual fluid. (shrink)