In this essay I articulate and defend a thesis about the nature of morality called “the embodiment thesis”. The embodiment thesis states that moral values underdetermine the obligations and entitlements of individual persons, and that actual social institutions must embody morality by specifying these moral relations. I begin by presenting two thought experiments that elucidate and motivate the embodiment thesis. I then proceed by distinguishing the embodiment thesis from a Rawlsian doctrine about the nature of justice, from the doctrine of (...) moral relativism, and from solutions to the coordination problem of rational choice theory. (shrink)

In this essay I distinguish categories of animals by their mental capacities. I then discuss whether punishment can be appropriate for animals of each category, and if so what form punishment may appropriately take for animals of each category. The aim is to illuminate each type of punishment through comparison and contrast with the others. This both forestalls the overintellectualization of punishment which arises from viewing humans as the only paradigm case and forestalls the underintellectualization of human punishment which results (...) from making no essential reference, in an account of human punishment, to the human capacity for specifically critical reasoning. (shrink)

Despite great advances in recent scholarship on the political philosophy of John Rawls, Rawls’s conception of stability is not fully appreciated. This essay aims to remedy this by articulating a more complete understanding of stability and its role in Rawls’s theory of justice. I argue that even in A Theory of Justice Rawls maintains that within liberal democratic constitutionalism judgments of relative stability typically adjudicate decisively among conceptions of justice and is committed to more deeply than to the substantive content (...) of justice as fairness. This essay thus emphasizes the continuity of Rawls’s thought over time and motivates the position that Rawlsian stability is as philosophically significant and distinctively Rawlsian as justice as fairness itself. (shrink)

Recently there has been a somewhat surprising interest among Kantian theorists in the moral standing of animals, coupled with a no less surprising optimism among these theorists about the prospect of incorporating animal moral standing into Kantian theory without contorting its other attractive features. These theorists contend in particular that animal standing can be incorporated into Kantian moral theory without abandoning its logocentrism: the claim that everything that is valuable depends for its value on its relation to rationality. In this (...) essay I raise doubts about the prospects for accommodating animal moral standing within a logocentric Kantianism. I argue instead that the best way to incorporate animal moral standing into Kantian theory is to admit more radical departures from Kant’s position by maintaining that consciousness is a locus of moral standing independent from rationality. I propose that we should attribute moral standing to all conscious animals because the capacity of consciousness is the criterion distinguishing individuals whose well-being generates reasons from individuals whose well-being fails to do so. We need such a criterion because we speak of the well-being of things, such as artifacts and meteorological phenomena, which clearly lack moral standing. Having already argued against the Kantian view that the criterion of moral standing is rationality, I proceed to argue that consciousness is also superior to its other principal rival for the criterion of moral standing: life. On the view that emerges from this discussion, we have obligations to show concern for conscious individuals by treating their well-being as providing us with reasons for action; the view thus endorses the criterion of moral standing typically advanced by utilitarians. On this view we also have a distinct class of obligations to show respect for conscious rational individuals; the view thus endorses the Kantian claim that persons have a distinctive moral status in virtue of their possession of rational capacities. In this essay thus begin to show how a principal insight of each leading approach to modern moral theory may be captured in a unified theory. (shrink)

The two leading traditions of theorizing about democratic legitimacy are liberalism and deliberative democracy. Liberals typically claim that legitimacy consists in the consent of the governed, while deliberative democrats typically claim that legitimacy consists in the soundness of political procedures. Despite this difference, both traditions see the need for legitimacy as arising from the coercive enforcement of law and regard legitimacy as necessary for law to have normative authority. While I endorse the broad aims of these two traditions, I believe (...) they both misunderstand the nature of legitimacy. In this essay I argue that the legitimacy of a law is neither necessary nor sufficient for its normative authority, and I argue further that the need for legitimacy in law arises regardless of whether the law is coercively enforced. I thus articulate a new understanding of the legitimacy and authority of law. (shrink)

In this article I articulate two pairs of theses about the relationship between the right and the good and I sketch an account of morality that systematically vindicates all four theses, despite a nearly universal consensus that they are not all true. In the first half I elucidate and motivate the theses and explain why leading ethical theorists maintain that at least one of them is false; in the second half I present the outlines of an account of the relationship (...) between the right and the good satisfying all four theses. (shrink)

In this essay I review an underappreciated strand of thought according to which the best Kantian moral theory has less in common with paradigmatically deontological theories and more in common with virtue theories than is standardly maintained. I then argue this program should be continued further, to provide not only a virtue-based account of moral judgment but also a virtue-based account of moral worth. I make a case that this fusion of Kantian theory with virtue theory provides the best account (...) of moral rules, and I close by suggesting that it generates a promising new understanding of moral rights. (shrink)

The claim that corporations are not people is perhaps the most frequently voiced criticism of the United States Supreme Court decision Citizens United v. Federal Election Commission. There is something obviously correct about this claim. While the nature and extent of obligations with respect to group agents like corporations and labor unions is far from clear, it is manifest in moral understanding and deeply embedded in legal practice that there is no general requirement to treat them like natural persons. Group (...) agents may be denied rights to marry, vote, or run for public office. More generally the need to guard against discrimination, the core injustice in racism and sexism, has no direct application to the case of group agents. There is also something obviously incorrect about the claim that corporations are not people. The legal practice of treating some group agents as persons under law is ancient, found already in Roman law at the time of Justinian. In this essay I propose that reflection on this tension reveals that fundamental revision to the doctrine of legal personhood is needed. More specifically I propose that legal personhood be decomposed into at least two elements—standing and liability—and that legal systems reject the principle that an entity possesses one just in case it possesses the other. The import of this change ramifies broadly. Decomposing legal personhood not only enables a satisfactory account of the status of corporations and labor unions, who as such have liability but not standing, it also enables a satisfactory account of the status of those who as such have standing but not liability: severely mentally disabled persons, very young children, and non-human animals with phenomenal consciousness but lacking capacities to understand reasons and justifications. (shrink)

The Acknowledgment section of this article was inadvertently misprinted. The following sentence should have concluded the Acknowledgment: Above all I would like to thank Spenser Powell. This essay would not have been possible without the many conversations we shared as he composed his exceptional undergraduate thesis, Equality of Participation, at the University of Tennessee. We deeply regret this omission.

In his essay “The Integration of the Ethic of the Respectful Use of Animals into the Law”, David Favre begins to articulate a new framework for understanding the legal status of nonhuman animals. The present essay supports the broad contours of Favre’s framework, but raises challenges for some of the framework’s elements. The first half questions Favre’s claim that possession of DNA and the capacity for life underlie the need for a more robust conception of animal legal standing. The second (...) half questions Favre’s prior proposal that animals be deemed persons under law and questions his pragmatic suggestion that judges and scholars refrain from specific speculations about the moral status of animals. (shrink)

There is disagreement among contemporary theorists regarding human well-being. On one hand there are “substantive good” views, according to which the most important elements of a person’s well-being result from her nature as a human, rational, and/or sentient being. On the other hand there are “agent-constituted” views, which contend that a person’s well-being is constituted by her particular aims, desires, and/or preferences. Each approach captures important features of human well-being, but neither can provide a complete account: agent-constituted theories have difficulty (...) accounting for the normativity of their claims, and substantive good theories have difficulty accounting for how a person’s actually adopted aims shape what is good for her and hence what she has reason to do. I articulate and defend a hybrid view that equals these approaches in systematicity and completeness of explanation yet seeks to surpass them in coherence with our ordinary judgments about what human well-being consists in. This hybrid view maintains, with agent-constituted theories, that a person’s well-being is (1) significantly constituted by her actually adopted aims; (2) deeply contingent; (3) agent-relative; (4) significantly dependent on spatially and temporally remote events; and (5) significantly independent of her experiences. The hybrid view also maintains, with substantive good theories, that a person’s well-being is (6) in part determined by facts independent of her aims, desires, and preferences; (7) such that all her aims are subject to critical evaluation and revision; and (8) constituted by her aims only if these aims are choiceworthy. (shrink)

This book is a creative, original argument about the variety of forms of expression across the history of philosophy.

Søren Kierkegaard: Subjectivity, Irony, and the Crisis of Modernity examines the thought of Søren Kierkegaard, a unique figure, who has inspired, provoked, fascinated, and irritated people ever since he walked the streets of Copenhagen. At the end of his life, Kierkegaard said that the only model he had for his work was the Greek philosopher Socrates. This work takes this statement as its point of departure. Jon Stewart explores what Kierkegaard meant by this and to show how different aspects of (...) his writing and argumentative strategy can be traced back to Socrates. The main focus is The Concept of Irony, which is a key text at the beginning of Kierkegaard's literary career. Although it was an early work, it nevertheless played a determining role in his later development and writings. Indeed, it can be said that it laid the groundwork for much of what would appear in his later famous books such as Either/Or and Fear and Trembling. (shrink)

Dans un monde qui a commencé à prendre feu, la stratégie à adopter se pose à présent comme une question vitale. Il n'y a plus le droit à l'erreur, chaque échec stratégique peut coûter extrêmement cher. En nous rappelant de grandes victoires de l'histoire des luttes non-violentes, mais aussi des campagnes plus récentes comme celles des 'Décrocheurs de portraits' ou des 'grèves scolaires pour le climat,' l'auteur nous invite à cesser d'être spectateur et à devenir acteur de l'histoire. Comment agir (...) face à l'urgence climatique et à l'inaction de nos dirigeants? Avec quelles méthodes? Comment lutter efficacement contre le capitalisme et provoquer des changements culturels de grande ampleur? Comment résister à la répression? La Bataille du siècle--véritable manuel d'action civique et politique--propose des stratégies d'action concrètes pour faire émerger un mouvement citoyen de masse: désobéissance civile, non-violence radicale, convergence des luttes climatiques et sociales, complémentarité des alternatives et des résistances, réconciliation du local et du global... Jon Palais nous appelle à transformer la sidération en espérance, car, il en est convaincu, un autre monde est possible.."--Page 4 of cover. (shrink)

In his Lectures on the Philosophy of Religion, Hegel treats the religions of the world under the rubric "the determinate religion." This is a part of his corpus that has traditionally been neglected since scholars have struggled to understand what philosophical work it is supposed to do. In Hegel's Interpretation of the Religions of the World, Jon Stewart argues that Hegel's rich analyses of Buddhism, Hinduism, Zoroastrianism, Judaism, Egyptian and Greek polytheism, and the Roman religion are not simply irrelevant historical (...) material, as is often thought. Instead, they play a central role in Hegel's argument for what he regards as the truth of Christianity. Hegel believes that the different conceptions of the gods in the world religions are reflections of individual peoples at specific periods in history. These conceptions might at first glance appear random and chaotic, but there is, Hegel claims, a discernible logic in them. Simultaneously, a theory of mythology, history, and philosophical anthropology, Hegel's account of the world religions goes far beyond the field of philosophy of religion. The controversial issues surrounding his treatment of the non-European religions are still very much with us today and make his account of religion an issue of continued topicality in the academic landscape of the twenty-first century. (shrink)

In recent years interest in the thought of Kierkegaard has grown dramatically, and with it the body of secondary literature has expanded so quickly that it has become impossible for even the most conscientious scholar to keep pace. The problem of the explosion of secondary literature is made more acute by the fact that much of what is written about Kierkegaard appears in languages that most Kierkegaard scholars do not know. Kierkegaard has become a global phenomenon, and new research traditions (...) have emerged in different languages, countries, and regions. The present volume is dedicated to trying to help to resolve these two problems in Kierkegaard studies. Its purpose is, first, to provide book reviews of some of the leading monographic studies in the Kierkegaard secondary literature so as to assist the community of scholars to become familiar with the works that they have not read for themselves. The aim is thus to offer students and scholars of Kierkegaard a comprehensive survey of works that have played a more or less significant role in the research. Second, the present volume also tries to make accessible many works in the Kierkegaard secondary literature that are written in different languages and thus to give a glimpse into various and lesser-known research traditions. The six tomes of the present volume present reviews of works written in Catalan, Chinese, Czech, Danish, Dutch, English, Finnish, French, Galician, German, Greek, Hebrew, Hungarian, Italian, Japanese, Norwegian, Polish, Portuguese, Romanian, Russian, Slovak, Spanish, and Swedish. (shrink)

The chief concepts involved are those of piety and impiety, and after a thorough analysis of the philosophical texts Mikalson offers a refined definition of ...

Across the array of topics explored in this comprehensive volume, philosopher and psychoanalyst Jon Mills argues for a fundamental return to the question and meaning of existence. Drawing on the traditions of German Idealism, existentialism, and onto-phenomenology, he offers a rich tapestry of insight and critique into the foundations of psyche, human nature, and society.

In Walter Chatton on Future Contingents, Jon Bornholdt presents the first full-length translation, commentary, and analysis of the various attempts by Chatton (14th century C.E.) to solve the ancient problem of the status and significance of statements about the future. At issue is the danger of so-called logical determinism: if it is true now that a human will perform a given action tomorrow, is that human truly free to perform or refrain from performing that action? Bornholdt shows that Chatton constructed (...) an original (though problematic) formal analysis that enabled him to canvass various approaches to the problem at different stages of his career, at all times showing an unusual sensitivity to the tension between formalist and metaphysical types of solution. (shrink)

A classicist, philosopher, and poet, Poul Martin Møller was an important figure in the Danish Golden Age. The traumatic event of the death of his wife led him to think more profoundly about the question of the immortality of the soul. In 1837 he published his most important philosophical treatise, "Thoughts on the Possibility of Proofs of Human Immortality," presented here in English for the first time. It was read and commented upon by the leading figures of the Golden Age, (...) such as Søren Kierkegaard. It proved to be the last important work that Møller wrote before his death in March of 1838 at the age of 43. (shrink)

Cultivating trusting psychotherapy bonds is complex, challenging, and a critically important topic. In Trusting in Psychotherapy, the author posits that trusting cannot be understood apart from trustworthiness and that therapists should give equal attention to the task of becoming trustworthy to their patients. Blending developmental science and ethical thought, the author elucidates such topics as what it means to trust in the practice of psychotherapy; the many facets of trusting and trustworthiness; attachment relationships; the central role of hope in trust; (...) and the ethical-moral basis of trusting and trustworthiness. (shrink)

Aesthetic judgements formed on the basis of testimony are commonly held to be defective, illegitimate, or otherwise problematic. This first book-length treatment of the debate surrounding aesthetic testimony argues for the surprising conclusion that this widespread view is mistaken. Aesthetic testimony is in no way inferior as a source of judgement when compared to either first-hand aesthetic judgement, or testimony concerning non-aesthetic matters. Alongside establishing this position (an extreme form of ‘optimism concerning aesthetic testimony’) this work also responds to the (...) most prominent arguments for the opposing view (‘pessimism concerning aesthetic testimony’). Along the way, it also re-examines our understanding of the norms which govern both judgement and assertion in aesthetics. (shrink)

The Danish Golden Age of the first half of the nineteenth century endured in the midst of a number of different kinds of crisis -- political, economic, and cultural. The many changes of the period made it a dynamic time, one in which artists, poets, philosophers, and religious thinkers were constantly reassessing their place in society. This book traces the different aspects of the cultural crisis of the period through a series of case studies of key figures, including Johan Ludvig (...) Heiberg, Hans Lassen Martensen, and Søren Kierkegaard. Far from just a historical analysis, however, the book shows that many of the key questions that Danish society wrestled with during the Golden Age remain strikingly familiar today."--Publisher's website. (shrink)

The Problem of Iterated Ground is to explain what grounds truths about ground: if Γ grounds φ, what grounds that Γ grounds φ? This paper develops a novel solution to this problem. The basic idea is to connect ground to explanatory arguments. By developing a rigorous account of explanatory arguments we can equip operators for factive and non-factive ground with natural introduction and elimination rules. A satisfactory account of iterated ground falls directly out of the resulting logic: non- factive grounding (...) claims, if true, are zero-grounded in the sense of Fine. (shrink)

With contributions by scholars from different religions and specializations, this volume explores the potential of nondualism as a fundamentally unifying concept. In every case, we find that nondualism is universal in its relevance yet distinctive and original in its contribution.

Language maps signals onto meanings through the use of two distinct types of structure. First, the space of meanings is discretized into categories that are shared by all users of the language. Second, the signals employed by the language are compositional: The meaning of the whole is a function of its parts and the way in which those parts are combined. In three iterated learning experiments using a vast, continuous, open-ended meaning space, we explore the conditions under which both structured (...) categories and structured signals emerge ex nihilo. While previous experiments have been limited to either categorical structure in meanings or compositional structure in signals, these experiments demonstrate that when the meaning space lacks clear preexisting boundaries, more subtle morphological structure that lacks straightforward compositionality—as found in natural languages—may evolve as a solution to joint pressures from learning and communication. (shrink)

Seeing so much heartache in the world, and so much compromise within the Church, Jon Tyson believes we must redouble our efforts to build a community of hope that is stronger than the hollow culture around us. Tyson invites readers to pursue key disciplines and rhythms through truths such as: worship must be stronger than idolatry, rest must be stronger than exhaustion, and hospitality must be stronger than fear, principles that will make them spiritually stronger than the enchanting pull of (...) the world. (shrink)

The semeiotic of Charles Sanders Peirce is irreducibly triadic, positing that a sign mediates between the object that determines it and the interpretant that it determines. He eventually holds that each sign has two objects and three interpretants, standardizing quickly on immediate and dynamical for the objects but experimenting with a variety of names for the interpretants. The two most prominent terminologies are immediate/dynamical/final and emotional/energetic/logical, and scholars have long debated how they are related to each other. This paper seeks (...) to shed new light on the matter by reviewing the numerous manuscript drafts where Peirce develops the latter nomenclature while attempting to introduce his pragmatism to a general audience. It then goes on to examine an additional set of interpretants, intentional/effectual/communicational, and shows that the three different trichotomies can be understood as complementary, rather than redundant or conflicting. (shrink)