John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

Merleau-Ponty's Phenomenology of Perception - a canonical text of twentieth-century philosophy - concludes with an appeal to 'heroism' by citing a series of enigmatic sentences drawn from Saint-Exupe;ry's Pilote de guerre. Surprisingly, however, these lines are antithetical to the philosophical thrust of Merleau-Ponty's project. This book aims to explain this situation. Foregrounding liminal themes in Merleau-Ponty's thought that have been largely overlooked - e.g., sacrifice, death, myth, faith - and showing how these themes support Merleau-Ponty's reinterpretation of Husserlian phenomenology, (...) class='Hi'>Smyth shows that Merleau-Ponty's appeal to 'heroism' represents an extra-philosophical appeal to a historical purposiveness as a universal feature of human nature, and that Merleau-Ponty makes this appeal in virtue of his recognition of the intrinsic methodological limitations of philosophy as a theoretical endeavor. The book thus recovers the 'militant' dimension of Merleau-Ponty's thought. This sheds considerable new light on his work. It does so in a way that challenges some of the basic parameters of existing Merleau-Ponty scholarship by illuminating the intrinsic normativity of his existential phenomenology, and its epistemic reliance on forms of non-reason such as faith and myth. (shrink)

"Ethical thought has no chance of being everything it seems." Bernard Williams offered this cryptic remark in Ethics and the Limits of Philosophy, and in this chapter I argue that understanding it is the key to understanding Williams' skepticism about moral theory and about systematization in ethics. The difficulty for moral philosophy, Williams believed, is that ethics looks one way to embodied, active agents, but looks entirely different when considered from the standpoint of theory. This, in turn, means that following (...) a moral theory is a sure route to practical alienation. I argue that once we see it for what it is, we can see that Williams own skepticism undermines his later attempts to vindicate Truthfulness. Moreover, given the pervasiveness of reflective practical alienation in ordinary life, it leaves us with a difficult question: what would a non-alienated ethical existence even look like for us? (shrink)

This paper sketches a new approach to the critical-theoretic problem of reification understood as a normatively problematic form of naturalizing or dehistoricizing entifcation. Entifcation in general is approached phenomenologically in terms of the mythic outer horizonality of the lifeworld, and reification is shown to stem from the dichotomy between nature and history which, along with a corresponding dichotomy between myth and reason, is characteristic of Enlightenment rationality. Dereification necessitates overcoming these dichotomies, and this implies a critical embrace of myth and (...) mythopoesis in the sense of instituting more normatively appropriate lifeworld horizons. While classical Marxism and radical social theory have typically adhered to the standard model of Enlightenment thought, with the result that the critique of naturalization backfires by reinforcing the dichotomy between nature and history, Luxemburgian spontaneism, rethought through a phenomenology of embodied enaction, is shown to ofer a more viable way of understanding reification and its solution. (shrink)

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

Analytic moral philosophers have generally failed to engage in any substantial way with the cultural history of morality. This is a shame, because a genealogy of morals can help us accomplish two important tasks. First, a genealogy can form the basis of an epistemological project, one that seeks to establish the epistemic status of our beliefs or values. Second, a genealogy can provide us with functional understanding, since a history of our beliefs, values or institutions can reveal some inherent dynamic (...) or pattern which may be problematically obscured from our view. In this paper, I try to make good on these claims by offering a sketchy genealogy of emancipatory values, or values which call for the liberation of persons from systems of dominance and oppression. The real history of these values, I argue, is both epistemologically vindicatory and functionally enlightening. (shrink)

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged (...) text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

In this book Daniel Smyth offers a comprehensive overview of Immanuel Kant's conception of intuition in all its species – divine, receptive, sensible, and human. Kant considers sense perception a paradigm of intuition, yet claims that we can represent infinities in intuition, despite the finitude of sense perception. Smyth examines this heterodox combination of commitments and argues that the various features Kant ascribes to intuition are meant to remedy specific cognitive shortcomings that arise from the discursivity of our (...) intellect Intuition acting as the intellect's cognitive partner to make knowledge possible. He reconstructs Kant's conception of intuition and its role in his philosophy of mind, epistemology, and philosophy of mathematics, and shows that Kant's conception of sensibility is as innovative and revolutionary as his much-debated theory of the understanding. (shrink)

This article argues that traditional, regulative principles of research ethics offer insufficient guidance for research in the narrative study of lives. These principles presuppose an implicit epistemology that conceives of research participants as data sources, a conception that is argued not tenable for narrative research. The case is made by drawing on recent discussions of research ethics in the qualitative and narrative research literature. This article shows that narrative ethics is inextricably entwined with epistemological issues--namely, issues of narrative ownership and (...) the multiplicity of narrative meaning. Finally, practical recommendations are made for the ethical treatment of research participants in narrative research. The article concludes by situating our approach with respect to the broad range of contemporary perspectives on research ethics. (shrink)

Although they are continually compositionally reconstituted and reconfigured, organisms nonetheless persist as ontologically unified beings over time – but in virtue of what? A common answer is: in virtue of their continued possession of the capacity for morphological invariance which persists through, and in spite of, their mereological alteration. While we acknowledge that organisms‟ capacity for the “stability of form” – homeostasis - is an important aspect of their diachronic unity, we argue that this capacity is derived from, and grounded (...) in a more primitive one – namely, the homeodynamic capacity for the “specified variation of form”. In introducing a novel type of causal power – a „structural power‟ – we claim that it is the persistence of their dynamic potential to produce a specified series of structurally adaptive morphologies which grounds organisms‟ privileged status as metaphysically “one over many” over time. (shrink)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on (...) a wide variety of philosophical problems. (shrink)

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

In this paper, I critically analyze the notion that self-interest distorts moral belief-formation. This belief is widely shared among modern moral epistemologists, and in this paper, I seek to undermine this near consensus. I then offer a principle which can help us to sort cases in which self-interest distorts moral belief from cases in which it does not. As it turns out, we cannot determine whether such distortion has occurred from the armchair; rather, we must inquire into mechanisms of social (...) power and advantage before declaring that some moral position is distorted by self-interest. (shrink)

Although contemporary metaphysics has recently undergone a neo-Aristotelian revival wherein dispositions, or capacities are now commonplace in empirically grounded ontologies, being routinely utilised in theories of causality and modality, a central Aristotelian concept has yet to be given serious attention – the doctrine of hylomorphism. The reason for this is clear: while the Aristotelian ontological distinction between actuality and potentiality has proven to be a fruitful conceptual framework with which to model the operation of the natural world, the distinction between (...) form and matter has yet to similarly earn its keep. In this chapter, I offer a first step toward showing that the hylomorphic framework is up to that task. To do so, I return to the birthplace of that doctrine - the biological realm. Utilising recent advances in developmental biology, I argue that the hylomorphic framework is an empirically adequate and conceptually rich explanatory schema with which to model the nature of organisms. (shrink)

David Benatar has argued both for anti-natalism and for a certain pessimism about life's meaning. In this paper, I propose that these positions are expressions of a deeply impersonal philosophical temperament. This is not a problem on its own; we all have our philosophical instincts. The problem is that this particular temperament, I argue, leads Benatar astray, since it prevents him from answering a question that any moral philosopher must answer. This is the question of rational authority, which requires the (...) moral philosopher to say why existing human agents have strong practical reasons to comply with the philosopher's dictates. A purely impersonal ethical system can never do this, and this is why Benatar has no answer to this question. (shrink)

A recent development in biology has been the growing acceptance that holobionts, entities comprised of symbiotic microbes and their host organisms, are widespread in nature. There is agreement that holobionts are evolved outcomes, but disagreement on how to characterize the operation of natural selection on them. The aim of this paper is to articulate the contours of the disagreement. I explain how two distinct foundational accounts of the process of natural selection give rise to competing views about evolutionary individuality.

A structural harm results from countless apparently innocuous interactions between a great many individuals in a social system, and not from any agent’s intentionally producing the harm. Iris Young has influentially articulated a model of individual moral responsibility for such harms, and several other philosophers have taken it as their starting point for dealing with the phenomenon of structural injustice. In this paper, I argue that this social connection model is far less realistic and socially effective than it aims to (...) be. This is because the model systematically neglects the key role played by the emotions in human moral life. (shrink)

In this brief note, we respond to Gottlieb and Lasser's (2001/this issue) critical commentary on our work on narrative research ethics. We argue that their concern for privileging voices needs to be balanced against the risk of exploiting some research participants, that conflicts of interest are best resolved through appropriately prioritizing ethical principles and in consultation with others, and that the researcher's ability to protect participants from harm can be enhanced through appropriate clinical training and access to clinical expertise. We (...) welcome Gottlieb and Lasser's specific recommendations for ethical practice in narrative research and encourage further ethical reflection by other researchers in this area. (shrink)

""The Habit of Lying" is a highly original, exceptionally sophisticated, continuously illuminating work of literary and cultural theory, and an intellectual ...

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

This paper is based on a study of therapists’ experiences of working with suicidal clients. Using a hermeneutic-phenomenological methodology informed by Heidegger, the study provides an understanding of the meaning of therapists’ experiences from their perspective as mental health professionals in New Zealand. In this regard, the findings of the study identified three themes: Therapists’ reaction of shock upon learning of the suicide of their client; Therapists’ experience of assessing suicidal clients as a burden; and finally, Therapists’ professional and personal (...) crises as a result of their experiences and struggling to come to terms with events.The study sheds light on how the experiences of therapists whose clients have committed suicide can be understood. The findings show how mainstream prevention and intervention strategies result from the misrepresentation and misinterpretation of our traditional way of knowing what it means to be human. When therapists discover that phenomena are not necessarily what they appear to be, they feel unsettled and confused about their responsibilities and what it means to live and die as a human being. The study reveals that therapists experience a profound legacy of guilt, doubt and fear when a client commits suicide. Finally, the study proposes that the time has come for the profession to care for its own in order to allow therapist, in turn to care for (and about) the vulnerable other. (shrink)

Among mycologists, questions persist about what entities should be treated as the fundamental units of fungal populations. This article articulates a coherent view about populations of heterokaryotic fungi and the individuals that comprise them. Using Godfrey-Smith’s minimal concept of a Darwinian population, I argue that entities at two levels of the biological hierarchy satisfy the minimal concept in heterokaryotic fungi: mycelia and nuclei. I provide a preliminary answer to the question of how to understand the relation between these two populations. (...) This article contributes to discussions about the nature of biological individuality, organismality, and evolutionary transitions. (shrink)

The collapse of the Weimar Republic remains central to the history of the 20th century and to contemporary debates on 'classical modernity' and its Europe-wide crisis in the wake of the First World War. The present issue of Thesis Eleven focuses on three dimensions of the Weimar crisis: the experience of fundamental societal crisis and closure and its diagnostic power in relation to the rise of fascist movements; the cognitive and normative resources that sought to work against this crisis-ridden sense (...) of closure; and third, the degree to which these counter tendencies anticipate postmodern interrogations of the premises of classical modernity. (shrink)

Criticism of ‘the West’ and of ‘Western civilization’ in Germany in the early 20th century is generally most familiar today as a conservative force of the age. It is well-known that at the outbreak of war in August 1914 a longstanding German complex of resentment of the Western European powers exploded in a call to arms. Yet it needs to be stressed that not all prominent German bourgeois writers endorsed a wholly militant reading of the motif of German national-cultural ‘protest (...) at the West’. By 1918 an array of voices could come to discern another kind of salient work of contention that refused apology for any kind of violent Kulturkrieg. The thesis defended in this article is that in sophisticated humanistic writing of the era, a German mood of antagonism with the West represents not a regressive ideology but the productive and intelligent outcome of a longstanding preeminence of philosophical questioning in German academic life since the later 19th century about European world pictures and their claims to universal validity on the stage of world history. A range of statements are shown here to anticipate debates of the present day about ‘late’, ‘reflexive’ or ‘post-Eurocentric’ conditions of Western modernity. (shrink)

From his own experience the author has found that searching and finding out that God has created a perfect world/universe relieves him of the stress and pressure of being in a world/universe of total confusion and turmoil while trying to make sense out of his daily struggles of living.

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

The influence of J. L. Austin on contemporary philosophy was substantial during his lifetime, and has grown greatly since his death, at the height of his powers, in 1960. Philosophical Papers, first published in 1961, was the first of three volumes of Austin's work to be edited by J. O. Urmson and G. J. Warnock. Together with Sense and Sensibilia and How to do things with Words, it has extended Austin's influence far beyond the circle who knew (...) him or read the handful of papers he published in journals. (shrink)

Side effects are ubiquitous in medicine and they often play a role in treatment decisions for patients and clinicians alike. Philosophers and health researchers often use side effects to illustrate issues with contemporary medical research and practice. However, technical definitions of ‘side effect’ differ among health authorities. Thus, determining the side effects of an intervention can differ depending on whose definition we assume. Here I review some of the common definitions of side effect and highlight their issues. In response, I (...) offer an account of side effects as jointly (i) unintended and (ii) effects due to the causal capacities or invariances of an intervention. I discuss (i) by examining the intentions or reasons behind therapeutic interventions, and I discuss (ii) by appealing to a manipulationist model of causation. The analysis here highlights that side effects are conceptually distinct from related outcomes like adverse events, adverse drug reactions, and placebo effects. The analysis also allows for reflection on the utility of ‘side effect’ as a technical term in medical research and practice. (shrink)

The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that (...) the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College. (shrink)

This book is the one to put into the hands of those who have been over-impressed by Austin 's critics....[Warnock's] brilliant editing puts everybody who is concerned with philosophical problems in his debt.

Eukaryogenesis is widely viewed as an improbable evolutionary transition uniquely affecting the evolution of life on this planet. However, scientific and popular rhetoric extolling this event as a singularity lacks rigorous evidential and statistical support. Here, we question several of the usual claims about the specialness of eukaryogenesis, focusing on both eukaryogenesis as a process and its outcome, the eukaryotic cell. We argue in favor of four ideas. First, the criteria by which we judge eukaryogenesis to have required a genuinely (...) unlikely series of events 2 billion years in the making are being eroded by discoveries that fill in the gaps of the prokaryote:eukaryote “discontinuity.” Second, eukaryogenesis confronts evolutionary theory in ways not different from other evolutionary transitions in individuality; parallel systems can be found at several hierarchical levels. Third, identifying which of several complex cellular features confer on eukaryotes a putative richer evolutionary potential remains an area of speculation: various keys to success have been proposed and rejected over the five-decade history of research in this area. Fourth, and perhaps most importantly, it is difficult and may be impossible to eliminate eukaryocentric bias from the measures by which eukaryotes as a whole are judged to have achieved greater success than prokaryotes as a whole. Overall, we question whether premises of existing theories about the uniqueness of eukaryogenesis and the greater evolutionary potential of eukaryotes have been objectively formulated and whether, despite widespread acceptance that eukaryogenesis was “special,” any such notion has more than rhetorical value. (shrink)

McCoy and colleagues (2023) offer a reflective framework for data ethics and governance with several historical bioethics principles as a foundation. Their framework is one among a plethora of othe...