We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political (...) coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection. (shrink)

In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should (...) we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government.The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal. (shrink)

In The Democratic Horizon: Hyperpluralism and the Renewal of Political Liberalism, Alessandro Ferrara seeks a philosophical breakthrough from what looks like it could be a pending dead-end for democracy. The best hope, Ferrara superbly maintains, lies through an extension or updating – a “renewal,” as he calls it – of lines of thought bequeathed to us, by John Rawls and others, under the name of political liberalism. Somewhere near the crux of Ferrara’s reflection stands a class of institutional fixtures whose (...) name is missing from his title. I mean the class “constitution.” I use that word to name a country’s scriptural basic law, its publicly cognizable corpus of canonically worded sentences ordaining the country’s basic institutional framework. My suggestion will be that it is no less tellingly a “constitutional” than a “democratic” horizon that Ferrara’s work, in conjunction with Rawls’s, shows us to be facing. (shrink)

John Rawls proposed, as what he called “the liberal principle of legitimacy,” that coercive exercises of political power can be justified to free and equal dissenters when “in accordance with a constitution (written or unwritten) the essentials of which all citizens, as reasonable and rational, can endorse.” Does “unwritten constitution” there refer to norms of constitutional import, but that subsist only as custom, not as law? To norms that subsist as common law but not as code law? To empirical regularities (...) of political practice, as opposed to normative rules and standards? Which interpretation is best? (shrink)

In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal‐minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on “constitutional patriotism,” a consciously shared sentiment arising from an ethical assessment of their country by the country's people, according to which the country credibly pursues a certain regulative (...) political ideal for which the constitution stands. (shrink)

The question of what is truly just in the matter of a country's currently established human-rights interpretations appears not to be the same as the question of what it is morally right to do by way of coercively effectuating a given set of such interpretations. There are grounds for contending that acts of support for a coercive political regime can be justified morally on the condition that the regime's prevailing human-rights interpretations are made continuously available to effective, democratic critical re-examination. (...) However, it is not possible ever finally to know whether that condition is satisfied. (shrink)

The term “judicial restraint,” applied to courts engaged in judicial constitutional review, may refer to any one or more of three possible postures of such courts, which we here will distinguish as “quiescent,” “tolerant,” and “weak-form.” A quiescent court deploys its powers sparingly, strictly limiting the agenda of social disputes on which it will pronounce in the constitution’s name. A tolerant court confirms as valid laws whose constitutional compatibility it finds to be reasonable sustainable, even though it independently would conclude (...) to the contrary. A weak-form court acts on the understanding that its pronouncements on matters constitutional will be duly open to considered rejection by other political agencies. Theory commonly tends to treat the question of judicial restraint as turning on a bedrock political value of democracy. We may also, however, understand debates over judicial restraint in the light of a different bedrock value, that of political legitimacy. Where democracy is the focal concern, debaters may tend toward conflating into one measure the three dimensions of judicial restraint. A focus on legitimacy rather tends toward a dis-bundling of the three dimensions, thus complicating the choices while also clarifying the stakes. The political philosophy of John Rawls helps us to see how and why this occurs. (shrink)

Prescriptive political and moral theories contain ideas about what human beings are like and about what, correspondingly, is good for them. Conceptions of human “nature” and corresponding human good enter into normative argument by way of support and justification. Of course, it is logically open for the ratiocinative traffic to run the other way. Strongly held convictions about the rightness or wrongness, goodness or badness, of certain social institutions or practices may help condition and shape one's responses to one or (...) another set of propositions about what people are like and what, in consequence, they have reason to value. (shrink)

Jeremy Shearmur's consequentialist argument for universality in the distribution of individual ?negative?; liberties claims that what is gained as a consequence of extending such liberties to the last hitherto excluded group is likely to outweigh what is lost by doing so. In trying to make such a claim convincing, does it help to notice that whoever is denied negative liberties is thereby impeded from contributing to social dialogue about the arts and ethics of human well?being? Perhaps, but only on two (...) conditions: First, we understand individual identities as intersubjectively constituted. Second, we pursue universality in the distribution of social requisites of dialogic competence beyond negative liberties. (shrink)

Auditory verbal hallucinations (AVHs) are a highly complex and rich phenomena, and this has a number of important clinical, theoretical and methodological implications. However, until recently, this fact has not always been incorporated into the experimental designs and theoretical paradigms used by researchers within the cognitive sciences. In this paper, we will briefly outline two recent examples of phenomenologically informed approaches to the study of AVHs taken from a cognitive science perspective. In the first example, based on Larøi and Woodward (...) (Harv Rev Psychiatry 15:109–117, 2007 ), it is argued that reality monitoring studies examining the cognitive underpinnings of hallucinations have not reflected the phenomenological complexity of AVHs in their experimental designs and theoretical framework. The second example, based on Jones (Schizophr Bull, in press, 2010 ), involves a critical examination of the phenomenology of AVHs in the context of two other prominent cognitive models: inner speech and intrusions from memory. It will be shown that, for both examples, the integration of a phenomenological analysis provides important improvements both on a methodological, theoretical and clinical level. This will be followed by insights and critiques from philosophy and clinical psychiatry—both of which offer a phenomenological alternative to the empiricist–rationalist conceptualisation of AVHs inherent to the cognitive sciences approach. Finally, the paper will conclude with ideas as to how the cognitive sciences may integrate these latter perspectives into their methodological and theoretical programmes. (shrink)

Auditory verbal hallucinations (AVHs) are a highly complex and rich phenomena, and this has a number of important clinical, theoretical and methodological implications. However, until recently, this fact has not always been incorporated into the experimental designs and theoretical paradigms used by researchers within the cognitive sciences. In this paper, we will briefly outline two recent examples of phenomenologically informed approaches to the study of AVHs taken from a cognitive science perspective. In the first example, based on Larøi and Woodward (...) (Harv Rev Psychiatry 15:109–117, 2007), it is argued that reality monitoring studies examining the cognitive underpinnings of hallucinations have not reflected the phenomenological complexity of AVHs in their experimental designs and theoretical framework. The second example, based on Jones (Schizophr Bull, in press, 2010), involves a critical examination of the phenomenology of AVHs in the context of two other prominent cognitive models: inner speech and intrusions from memory. It will be shown that, for both examples, the integration of a phenomenological analysis provides important improvements both on a methodological, theoretical and clinical level. This will be followed by insights and critiques from philosophy and clinical psychiatry—both of which offer a phenomenological alternative to the empiricist–rationalist conceptualisation of AVHs inherent to the cognitive sciences approach. Finally, the paper will conclude with ideas as to how the cognitive sciences may integrate these latter perspectives into their methodological and theoretical programmes. (shrink)

A brief review is given of the continuous spontaneous localization (CSL) model, in which a classical field interacts with quantized particles to cause dynamical wavefunction collapse. One of the model's predictions is that particles “spontaneously” gain energy at a slow rate. When applied to the excitation of a nucleon in a Ge nucleus, it is shown how a limit on the relative collapse rates of neutron and proton can be obtained, and a rough estimate is made from data. When applied (...) to the spontaneous excitation of 1s electrons in Ge, by a more detailed analysis of more accurate data than given previously, an updated limit is obtained on the relative collapse rates of the electron and proton, suggesting that the coupling of the field to electrons and nucleons is mass proportional. (shrink)

Most everyday tasks involve multiple modalities, which raises the question of how the processing of these modalities is coordinated by the cognitive system. In this paper, we focus on the coordination of visual attention and linguistic processing during speaking. Previous research has shown that objects in a visual scene are fixated before they are mentioned, leading us to hypothesize that the scan pattern of a participant can be used to predict what he or she will say. We test this hypothesis (...) using a data set of cued scene descriptions of photo-realistic scenes. We demonstrate that similar scan patterns are correlated with similar sentences, within and between visual scenes; and that this correlation holds for three phases of the language production process (target identification, sentence planning, and speaking). We also present a simple algorithm that uses scan patterns to accurately predict associated sentences by utilizing similarity-based retrieval. (shrink)

When people communicate, they coordinate a wide range of linguistic and non-linguistic behaviors. This process of coordination is called alignment, and it is assumed to be fundamental to successful communication. In this paper, we question this assumption and investigate whether disalignment is a more successful strategy in some cases. More specifically, we hypothesize that alignment correlates with task success only when communication is interactive. We present results from a spot-the-difference task in which dyads of interlocutors have to decide whether they (...) are viewing the same scene or not. Interactivity was manipulated in three conditions by increasing the amount of information shared between interlocutors. We use recurrence quantification analysis to measure the alignment between the scan-patterns of the interlocutors. We found that interlocutors who could not exchange feedback aligned their gaze more, and that increased gaze alignment correlated with decreased task success in this case. When feedback was possible, in contrast, interlocutors utilized it to better organize their joint search strategy by diversifying visual attention. This is evidenced by reduced overall alignment in the minimal feedback and full dialogue conditions. However, only the dyads engaged in a full dialogue increased their gaze alignment over time to achieve successful performances. These results suggest that alignment per se does not imply communicative success, as most models of dialogue assume. Rather, the effect of alignment depends on the type of alignment, on the goals of the task, and on the presence of feedback. (shrink)

The human sentence processor is able to make rapid predictions about upcoming linguistic input. For example, upon hearing the verb eat, anticipatory eye-movements are launched toward edible objects in a visual scene. However, the cognitive mechanisms that underlie anticipation remain to be elucidated in ecologically valid contexts. Previous research has, in fact, mainly used clip-art scenes and object arrays, raising the possibility that anticipatory eye-movements are limited to displays containing a small number of objects in a visually impoverished context. In (...) Experiment 1, we confirm that anticipation effects occur in real-world scenes and investigate the mechanisms that underlie such anticipation. In particular, we demonstrate that real-world scenes provide contextual information that anticipation can draw on: When the target object is not present in the scene, participants infer and fixate regions that are contextually appropriate. Experiment 2 investigates whether such contextual inference requires the co-presence of the scene, or whether memory representations can be utilized instead. The same real-world scenes as in Experiment 1 are presented to participants, but the scene disappears before the sentence is heard. We find that anticipation occurs even when the screen is blank, including when contextual inference is required. We conclude that anticipatory language processing is able to draw upon global scene representations to make contextual inferences. These findings are compatible with theories assuming contextual guidance, but posit a challenge for theories assuming object-based visual indices. (shrink)

Frank Wilderson: I introduce a semiotic configuration. The point is, at important levels of abstraction, people who are positioned as Black—which is very different from saying people who think of themselves as Black. One of the basic premises of Afropessimism, which makes it resonate with psychoanalysis or Marxism, is that where one is positioned in a paradigm might not be where one thinks one is or where one desires to be. When I teach undergraduates, I say: “Look, I used (...) to study neorealism. In these neorealist films, we have these people who are bona fide fascists, and then you have those people in the Communist Party, so they could not agree on much. They don’t see themselves as having much of a connection. But in a Gramscian sense, they are both positioned as the host of capitalist parasites. Both groups rely on the wage. So, they are both workers.” One of the big points with respect to the narratological question is that I, as a Black person, trained at Columbia University in creative writing, trained at UC Berkeley in critical theory, love narrative, but narrative does not love me. In other words, it is impossible for me to be “emplotted” as a speaking subject. I can only be “emplotted” as an object of narrative. But I am always struggling to attain that love of humanity; and if I were to attain it, the Human would not have a foil against which to know itself. So, what I am saying is that in a book like Red, White & Black, I am just being very categorically clear about the divisions. In Afropessimism, I am actually talking about the desire of a sentient being who cannot be allowed into an arena where people are recognized and incorporated, in Lacanian terms, as “contemporaries” of human beings. So, there is all this back and forth. I don’t think this speaking subject in Afropessimism ever achieves anything in particular. It is always struggling toward being a subject that can actually travel on a narrative arc and yet ultimately is an object that can never travel from dispossession to redemptive recovery. (shrink)