What is the future of legal philosophy? No doubt it has many. But we are betting that jurisprudence will gravitate towards freedom. Freedom, the attribute of the human subject, has largely been absent from legal philosophy. This is a lack that psychoanalytic jurisprudence aims to correct. In this essay, drafted as chapter in "On Philosophy in American Law" (Francis Jay Mootz III, ed.) to be published by the Cambridge University Press, we set forth what we think are the primary differences (...) between a jurisprudence based in the Continental tradition of speculative philosophy, and the liberal jurisprudences that dominate in the American academy. Most importantly, all liberal theories start with some intuition of the free, autonomous individual. In contrast, psychoanalysis views the subject's definition as the problem of philosophy. For psychoanalysis, as reformulated by Jacques Lacan, personality and freedom cannot exist in any empirical or hypothetical state of nature because nature is unfree - bound by iron-clad laws of cause and effect. Personality and freedom are artificial creations - hard-won achievements. Subjectivity - the capacity to bear duties and rights - is a stage in this struggle. (shrink)

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern (...) legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles. (shrink)

This book is a collection of philosophical papers that explores theoretical and practical aspects and implications of nonviolence as a means of establishing peace. The papers range from spiritual and political dimensions of nonviolence to issues of justice and values and proposals for action and change.

Statistical criteria of fairness are formal measures of how an algorithm performs that aim to help us determine whether an algorithm would be fair to use in decision-making. In this paper, I introduce a new version of the criterion known as “Equalized Odds,” argue that it is a requirement of procedural fairness, and show that it is immune to a number of objections to the standard version.

The ongoing explosion of interest in artificial intelligence is fueled in part by recently developed techniques in machine learning. Those techniques allow automated systems to process huge amounts of data, utilizing mathematical methods that depart from traditional statistical approaches, and resulting in impressive advancements in our ability to make predictions and uncover correlations across a host of interesting domains. But as is now widely discussed, the way that those systems arrive at their outputs is often opaque, even to the experts (...) who design and deploy them. Is it morally problematic to make use of opaque automated methods when making high-stakes decisions, like whether to issue a loan to an applicant, or whether to approve a parole request? Many scholars answer in the affirmative. However, there is no widely accepted explanation for why transparent systems are morally preferable to opaque systems. We argue that the use of automated decision-making systems sometimes violates duties of consideration that are owed by decision-makers to decision-subjects, duties that are both epistemic and practical in character. Violations of that kind generate a weighty consideration against the use of opaque decision systems. In the course of defending our approach, we show that it is able to address three major challenges sometimes leveled against attempts to defend the moral import of transparency in automated decision-making. (shrink)

The particular design of any technology may have profound social implications. Computing technologies are deeply intermeshed with the activities of daily life, playing an ever more central role in how we work, learn, communicate, socialize, and participate in government. Despite the many ways they have improved life, they cannot be regarded as unambiguously beneficial or even value-neutral. Recent experience shows they can lead to unintended but harmful consequences. Some technologies are thought to threaten democracy through the spread of propaganda on (...) online social networks, or to threaten privacy through the aggregation of datasets that include increasingly personal information, or to threaten justice when machine learning is used in such high-stakes, decision-making contexts as loan application reviews, employment procedures, or parole hearings. It is insufficient to ethically assess technology after it has produced negative social impacts, as has happened, for example, with facial recognition software that discriminates against people of color and with self-driving cars that are unable to cope with pedestrians who jay-walk. Developers of new technologies should aim to identify potential harmful consequences early in the design process and take steps to eliminate or mitigate them. This task is not easy. Designers will often have to negotiate among competing values—for instance, between efficiency and accessibility for a diverse user population, or between maximizing benefits and avoiding harm. There is no simple recipe for identifying and solving ethical problems. -/- Computer science education can help meet these challenges by making ethical reasoning about computing technologies a central element in the curriculum. Students can learn to think not only about what technology they could create, but also whether they should create that technology. Learning to reason this way requires courses unlike those currently standard in computer science curricula. A range of university courses on topics in areas of computing, ethics, society and public policy are emerging to meet this need. Some cover computer science broadly, while others focus on specific problems like privacy and security; typically, these classes exist as stand-alone courses in the computer science curriculum. Others have integrated ethics into the teaching of introductory courses on programming, artificial intelligence, and human-computer interaction. (shrink)

This volume is the product of an important recent conference, convened by His Holiness the Dalai Lama, focusing on the intellectual legacy of the Tibetan philosopher, yogi, and saint Tsongkhapa (1357-1419). Entitled "Jé Tsongkhapa: Life, Thought, and Legacy," the conference commemorated the sixth hundredth anniversary of Tsongkhapa's passing and was held on December 21-23, 2019, at Ganden Monastery in Mundgod, India. Part 1 concerns Madhyamaka, a natural reflection of the very important and well-known contributions Tsongkhapa made to the study of (...) Indian philosophical thought. The first essay, Guy Newland's "Start Making Sense: Finding Tsongkhapa's Middle Way," provides a straightforward and clear introduction to Tsongkhapa's interpretation of Madhyamaka philosophy, showing how Tsongkhapa played an essential role in clarifying Candrakīrti's contributions to Madhyamaka thought. The second essay, "Celebrating Jé Tsongkhapa: The Twofold Object of the Identity View" by Dr. Dechen Rochard explores Tsongkhapa's understanding of Candrakīrti's negation of individual identity. The essay neatly demonstrates the centrality of the practitioner's view of self to the path to spiritual awakening. In the third chapter, "Thinking Beyond Thought: Tsongkhapa and Mipham on the Conceptualized Ultimate," Jay L. Garfield explores Tsongkhapa's views on the nature of ultimate reality, specifically Tsongkhapa's argument that this entails a movement from inferential to direct awareness of emptiness. The essay explores the need for accurate philosophical analysis in the context of meditation practice so as to directly realize the truths about the nature of self and reality that are the objects of the practice. It thus nicely points to the integration of Buddhist theory and practice. The second section of this volume is dedicated to Tsongkhapa's writings on the tantras. In the first chapter in this section, "Tsongkhapa's Masterful Exegesis of Cakrasaṃvara Tantra," I elucidate Tsongkhapa's approach to the study of tantric literature with a focus on his commentary on the Cakrasaṃvara Tantra. Chapter 6 is Gavin Kilty's contribution, "A Lamp to Illuminate the Five Stages: Tsongkhapa's Reformatory Work on Guhyasamāja Tantra." Kilty first surveys the Guhyasamāja tradition and its transmission to Tibet and the two main Indian exegetical traditions, the Ārya and J.ānapāda schools. Outlining Tsongkhapa's approach to the Guhyasamāja Tantra, he then focuses on how the tradition conceptualizes the generation-stage and completion-stage practices. Chapter 7, "The Shadow of Heshang: Tsongkhapa on Chan, Dzokchen, and Mahāmudrā" by Roger R. Jackson. Jackson explores the claim that Tsongkhapa received and secretly transmitted esoteric instructions on advanced meditation practices to realize the nature of mind and awakening. The volume concludes with a section entitled "Moving Minds," which explores Tsongkhapa's legacy and impact both in Tibet and beyond. It opens with "Jé Tsongkhapa's Contribution to Buddhist Hermeneutics" by Geshé Ngawang Samten. Buddhist hermeneutics, as understood here, is a response to the challenge posed by scriptures that appear to contradict one another. Chapter 9, "Tsongkhapa's Hermeneutics and the Perfection of Wisdom," contributed by Gareth Sparham, takes a more focused look at the interpretation of the Perfection of Wisdom literature in both India and Tibet. The tenth chapter is "Jé Tsongkhapa's Teachings and Translations in Mongolian" by Bataa Mishig-Ish, who surveys the dissemination of Tsongkhapa's oeuvre to Mongolia. The final chapter is BhikṣuṇīThubten Chodron's "Learning, Living, and Teaching Bodhicitta: Jé Tsongkhapa's Contribution to Spreading Compassion in the World." Venerable Chodron argues that Tsongkhapa's approach to teaching compassion is particularly suited for the modern, Western context. While this volume does not come close to exhausting the limits of what might be said concerning the impact of Tsongkhapa's work in Tibet and beyond, it does reunite contributions to this study that briefly converged in Preface xi Mundgod, India, just before the global pandemic ushered in a new awareness of our profound human interdependence. Hopefully these essays will advance the appreciation of Tsongkhapa's intellectual legacy in the wider English-speaking world, where he remains a little understood figure of Asian religious history, unlike in the Tibetan-speaking world, where his impact is justly celebrated. (shrink)

Evolutionary psychologists claim that the mind contains “hundreds or thousands” of “genetically specified” modules, which are evolutionary adaptations for their cognitive functions. We argue that, while the adult human mind/brain typically contains a degree of modularization, its “modules” are neither genetically specified nor evolutionary adaptations. Rather, they result from the brain’s developmental plasticity, which allows environmental task demands a large role in shaping the brain’s information-processing structures. The brain’s developmental plasticity is our fundamental psychological adaptation, and the “modules” that result (...) from it are adaptive responses to local conditions, not past evolutionary environments. If different individuals share common environ- ments, however, they may develop similar “modules,” and this process can mimic the development of genetically specified modules in the evolutionary psychologist’s sense. (shrink)

Marxism, one of the few philosophies that turned into an effective movement, not so long ago was the official ideology in one form or another of much of humanity. It was promulgated, initially by the Soviet Union, then imposed on much of Central and Eastern Europe, later emerged in the People's Republic of China, and gradually spread to other parts of Asia and even bits of Africa and Latin America. Although declining in its initial popularity, it still remains strong in (...) several countries and is supported by numerous communist and other parties and countless individuals around the world. The Historical Dictionary of Marxism covers the history of Marxism and all its thinkers and schools of thought in a comprehensive manner. This is done, through a chronology, a list of acronyms and abbreviations, an introductory essay, a bibliography, and hundreds of cross-reference dictionary entries on basic terms and concepts, significant thinkers and doers, and also the parties and countries that followed it. (shrink)

The A to Z of Marxism covers the history of Marxism and all its thinkers and schools of thought in a comprehensive manner. This is done, through a chronology, an introductory essay, a bibliography, and hundreds of cross-reference dictionary entries on basic terms and concepts, significant thinkers and doers, and also the parties and countries that followed it.

The feasibility of reversing human aging within a matter of decades has traditionally been dismissed by all professional biogerontologists, on the grounds that not only is aging still poorly understood, but also many of those aspects that we do understand are not reversible by any current or foreseeable therapeutic regimen. This broad consensus has recently been challenged by the publication, by five respected experimentalists in diverse subfields of biogerontology together with three of the present authors, of an article (Ann NY (...) Acad Sci 959, 452–462) whose conclusion was that all the key components of mammalian aging are indeed amenable to substantial reversal (not merely retardation) in mice, with technology that has a reasonable prospect of being developed within about a decade. Translation of that panel of interventions to humans who are already alive, within a few decades thereafter, was deemed potentially feasible (though it was not claimed to be likely). If the prospect of controlling human aging within the foreseeable future cannot be categorically rejected, then it becomes a matter of personal significance to most people presently alive. Consequently, we suggest that serious public debate on this subject is now warranted, and we survey here several of the biological, social and political issues relating to it. BioEssays 24:667–676, 2002. © 2002 Wiley Periodicals, Inc. (shrink)

Taking Parenting Public makes a compelling case that parenting has become dangerously undervalued in America today. It calls for a new investment—both personal and public—into the work of raising children and argues that we are all "stockholders" in the next generation. With a foreword by Sylvia Ann Hewlett and Cornel West, Taking Parenting Public crosses boundaries to bring together thinkers from diverse fields spanning the political spectrum. It features contributions from distinguished experts in economics, political science, public policy, child development, (...) public health, history, and the media. While recent books have focused on working mothers or absent fathers, Taking Parenting Public is the first volume to take a comprehensive look at the common struggles of parents. These essays go beyond the usual chest-beating about busy parents torn between work and family demands to suggest bold solutions. Instead of the typical call for "parent replacement"—more child care, more after school programs and more mentors—the contributors offer fresh strategies for "parent replenishment," ways to put mothers and fathers back into the lives of their children not only as economic providers, but also as emotional and moral providers. (shrink)

This paper examines the business practices of socially responsible entrepreneurs with particular focus on activities that directly impact their companies’ finances. We collect case studies of 30 recognized socially responsible entrepreneurial firms from a wide range of industries. We analyze how and to what extent the entrepreneurs and their companies balance their profit objectives with their social or environmental goals. Our results indicate that the companies pursue profits in manners comparable to those of most conventional businesses. However, we learn that (...) our companies make certain deliberate exceptionsin their business practices to exercise their beliefs, although such actions may reduce profi ts. We also observe the entrepreneurs making efforts to identify situations that simultaneously increase the companies’ profits and serve their causes. Most companies choose to stay private and commit to building an enduring organization rather than pursue the conventional exit strategies. Finally, we find that many of the companies in our list commit themselves to and proactively manage formalized giving programs. (shrink)

The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.

Debates in animal cognition are frequently polarized between the romantic view that some species have human-like causal understanding and the killjoy view that human causal reasoning is unique. These apparently endless debates are often characterized by conceptual confusions and accusations of straw-men positions. What is needed is an account of causal understanding that enables researchers to investigate both similarities and differences in cognitive abilities in an incremental evolutionary framework. Here we outline the ways in which a three-dimensional model of causal (...) understanding fulfills these criteria. We describe how this approach clarifies what is at stake, illuminates recent experiments on both physical and social cognition, and plots a path for productive future research that avoids the romantic/killjoy dichotomy. (shrink)

This book constitutes a major advancement in the study of Hegelian philosophy by offering the first full commentary on the monumental The Science of Logic , Hegel's principal work which informs every other project Hegel ever undertook. The author has devised a system for diagramming every single logical transition that Hegel makes, many of which have never before been explored in English. This reveals a startling organizational subtlety in Hegel's work which heretofore has gone unnoticed. In the course of charting (...) Hegel's logical progress, the author provides a vigorous defence and thorough explication of unparalleled scale and scope. The book covers the entire range of subjects connected with The Science of Logic such as Being, Essence, Measure, Subjectivity and God, showing how Hegel used logic to make transitions from one category to the next. The book also mediates Hegel's confrontation with Kant, whose Critique of Pure Reason is Hegel's major competition in metaphysical systemization. Any student encountering The Science of Logic , perhaps the most difficult and by far the most rewarding of Hegel's philosophical works, will find in Carlson's book an invaluable companion to their study. (shrink)

First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

There has recently been a flurry of activity in the philosophy of language on how to best account for the unique features of epithets. One of these features is that epithets can be appropriated (that is, the offense-grounding potential of a term can be removed). We argue that attempts to appropriate an epithet fundamentally involve a violation of language-governing rules. We suggest that the other conditions that make something an attempt at appropriation are the same conditions that characterize acts of (...) civil disobedience. Accounting for attempts at appropriation is thus both a linguistic and socio-political endeavor. We demonstrate how these two facets of attempts at appropriation also help us understand the communicative features of civil disobedience. (shrink)

Hegelian philosophy is now enjoying an enormous renaissance in the English-speaking world. At the very centre of his work is the monumental Science of Logic . Hegel's theory of subjectivity, which comprises the final third of the Science of Logic , has been comparatively neglected. This volume collects 15 essays on various aspects of Hegel's theory of subjectivity. For Hegel, substance is subject . Anyone aspiring to understand Hegel's philosophy cannot afford to neglect this central topic.

An introduction to the posthumously published "The Wretched of Middle-Earth: an Orkish Manifesto" by Charles Mills.

The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.

The theme of this year’s Spindel Conference was Social Ontologies of Race. This editorial introduction serves as both a general introduction to the topic of racial ontology and an introduction to this volume’s contributions. I will first explain some central ideas for discussions of ontology in general. I will then make some basic taxonomic distinctions common to discussions of racial ontology and suggest some clarifications. I will then go on to discuss the five contributions to this volume.

The paper engages Christopher Boorse’s Bio-Statistical Theory. In its current form, BST runs into a significant challenge. For BST to account for its central tenet—that lower-level part-dysfunction is sufficient for higher-level pathology—it must provide criteria for how to decide which lower-level parts are the ones to be analyzed for health or pathology. As BST is a naturalistic theory, such choices must be based solely on naturalistic considerations. An argument is provided to show that, if BST is to be preserved, such (...) parthood choices are based on non-naturalistic considerations. We demonstrate that even when parthood choices are based on the best way to preserve BST, there are counterintuitive results which bring the central tenet of BST into question. (shrink)

The prime number theorem, established by Hadamard and de la Vallée Poussin independently in 1896, asserts that the density of primes in the positive integers is asymptotic to 1/ln x. Whereas their proofs made serious use of the methods of complex analysis, elementary proofs were provided by Selberg and Erdos in 1948. We describe a formally verified version of Selberg's proof, obtained using the Isabelle proof assistant.

The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.

I argue that standard explanations of Du Bois' theory of race inappropriately characterize his view as attempting to provide descriptive criteria for races. Such an interpretation makes it both susceptible to Appiah's circularity objection and alienates it from Du Bois' central project of solidarity—which is the central point of “Conservation.” I propose that we should understand his theory as providing a normative account of race: an attempt to characterize what some races should be in terms of what other races are. (...) In providing such an account I will also show how my interpretation of Du Bois' criteria avoids the circularity objection by making the criteria central to the project of solidarity. Thus, this interpretation avoids what I take to be the two main problems with standard descriptive explanations of Du Bois' criteria. (shrink)

Functionalism offers an account of the relations that hold between behavioural functions, information and neural processing, and conscious experience from which one can draw two inferences: for any discriminable difference between qualia there must be an equivalent discriminable difference in function; and for any discriminable functional difference within a behavioural domain associated with qualia, there must be a discriminable difference between qualia. The phenomenon of coloured hearing synaesthesia appears to contradict the second of these inferences. We report data showing that (...) this form of synaesthesia is genuine and probably results from an aberrant projection from cortical language areas to a region specialized for the perception of colour. Since functionalism purports to be a general account of consciousness, one such negative instance, if it can be further sustained empirically, is sufficient to invalidate it. (shrink)

While many animals — pigeons, for example — have analogue magnitude states , it has recently been argued that certain discriminatory tasks provide evidence for the claim that these states are non-conceptual . These states are taken to be nonconceptual in that they cannot meet a test for concept possession such as Evans’s Generality Constraint. I argue that while such animals probably do not have numerical concepts, the evidence suggests that they could have numerical-ish concepts. On what I call ‘the (...) diffuse’ account of numerical-ish concepts, animals could have analogue magnitude states which represent amount and these states could meet the Generality Constraint . This account also avoids the problems faced by a ‘centred’ account of numerical-ish concepts which cannot meet the Generality Constraint. (shrink)