To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality (...) lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law. (shrink)

From text to action -- Park fiction, ala plastica, and dialogue -- The risk of diversity -- Programmatic multiplicity -- Art theory and the post-structuralist canon -- Lessons in futility -- Enclosure acts -- The twelfth seat and the mirrored ceiling -- The atelier as workshop -- Labor, praxis, and representation -- The divided and incomplete subject of yesterday -- Memories of development -- The limits of ethical capitalism -- The art of the locality -- Blindness and insight -- The (...) invention of the public -- The boulevards of the inner city -- Park fiction : desire, resistance, and complicity -- A culture of needles : project row houses in Houston. (shrink)

This chapter contains sections titled: On Definition Theories of Gaming A Definition of Videogames.

E. L. Grant Watson, an English field naturalist, zoologist, and one of England's best-loved nature writers, spent a lifetime trying to bring nature and consciousness into a unified, holistic vision that would establish meaning in the world without losing wonder. The questions raised by facts of nature inexplicable in terms of conventional theories, together with insights gained from a reading of Jung--as well as by a study of early Christian gnostic literature and the anthroposophy of Rudolf Steiner--brought him to (...) an imaginative perception of living things based on the conviction of the presence in all things of a spiritual reality. "Love is of man, but wisdom is of nature, and there are times when it almost seems that the author's secret--as perhaps it will one day be the secret of a reformed scientific method--is to stand aside and let the wisdom of nature herself speak through him. "-Owen Barfield. (shrink)

During the battle of Iwo Jima in June 1944, Private First Class Jackylin Harold Lucas and three other U.S. Marines came under attack while making their way along a ravine. Upon seeing two grenades thrown near the soldiers, Lucas dove onto one grenade and pulled the other under his body, saving his companions from serious injury or death. Lucas survived, but his injuries were so grave that his companions left him for dead. Lucas’s act was one of spectacular and nearly (...) suicidal altruism. What does such an act show us about our nature and the human capacity for good and evil? Perhaps it offers a window onto our true nature—a nature ultimately good, though susceptible to corrupting influences. Or perhaps it seems extraordinary precisely because we are greedy and violent by nature but can, in rare instances, rise above those instincts. Questions about what human nature is and how we can learn about it are difficult to answer. They are difficult not just because humans are complex creatures whose behavior is deeply embedded in the cultural environment that they are a part of, but also because it is not obvious what a concept of human nature is supposed to do or what it is for. The concept of human nature is often used as a normative concept, one that can serve as a guide to action, showing us how we ought to behave. Less commonplace is an approach that seeks a descriptive account of human nature, one that characterizes what humans do and are disposed to do. I argue in this essay that the normative and descriptive approaches are at odds and that we should not expect a single concept of human nature to play both roles. Furthermore, there are deep problems with normative accounts. They often ignore or contradict the contemporary scientific worldview, and they often merely reflect biases about how we ought to be and what we ought to do. Human nature in this sense becomes politicized and serves in arguments about the moral status of issues like homosexuality, abortion, or biomedical enhancement. Because of the problems inherent in normative notions of human nature, I offer a descriptive alternative. My alternative attempts to align the scientific study of the human with human nature. (shrink)

Since the late 1970s, theologians have been attempting to integrate mimetic theory into different fields of theology, yet a distrust of mimetic theory persists in some theological camps. In" Rene Girard, Unlikely Apologist: Mimetic Theory and Fundamental Theology," Grant Kaplan brings mimetic theory into conversation with theology both to elucidate the relevance of mimetic theory for the discipline of fundamental theology and to understand the work of Rene Girard within a theological framework. Rather than focus on Christology or atonement (...) theory as the locus of interaction between Girard and theology, Kaplan centers his discussion on the apologetic quality of mimetic theory and the impact of mimetic theory on fundamental theology, the subdiscipline that grew to replace apologetics. His book explores the relation between Girard and fundamental theology in several keys. In one, it understands mimetic theory as a heuristic device that allows theological narratives and positions to become more intelligible and, by so doing, makes theology more persuasive. In another key, Kaplan shows how mimetic theory, when placed in dialogue with particular theologians, can advance theological discussion in areas where mimetic theory has seldom been invoked. On this level the book performs a dialogue with theology that both revisits earlier theological efforts and also demonstrates how mimetic theory brings valuable dimensions to questions of fundamental theology. "Grant Kaplan's" Rene Girard, Unlikely Apologist: Mimetic Theory and Fundamental Theology" is an accessible and original work advancing the discussion of Girard and theology. Kaplan claims mimetic theory for Catholic theology and shows how it can strengthen Catholic theology by providing a powerful apologetic. Immensely helpful, too, is his situating of Girard's work alongside formative theologians and other thinkers." Scott Cowdell, author of "Rene Girard and Secular Modernity: Christ, Culture, and Crisis" ". (shrink)

This study examines the outcomes of a four-year faculty learning community (FLC) that aimed to transform departmental ethics curriculum by supporting Earth Sciences faculty members as they ethically inquired into their teaching of ethics and refined existing courses in alignment with an Integrated Community-Engaged Learning and Ethical Reflection (ICELER) framework. We present ethnographic case studies that unpack processes through which three faculty members transformed undergraduate courses. We assembled case studies by triangulating interview data, course artifacts, and faculty reflections. We examine (...) how faculty (1) built awareness around teaching ethics, (2) took responsibility for and made judgments about teaching ethics, (3) experimented by designing and implementing ICELER-inspired courses, and (4) interrogated the outcomes of their ethics teaching, utilizing findings to enhance awareness and revise courses. The paper closes by introducing a model detailing how instructors inquire into ethics teaching and how model components might inspire future educational practice and research. (shrink)

In _Beyond the Sovereign Self_ Grant H. Kester continues the critique of aesthetic autonomy begun in _The Sovereign Self_, showing how socially engaged art provides an alternative aesthetic with greater possibilities for critical practice. Instead of grounding art in its distance from the social, Kester shows how socially engaged art, developed in conjunction with forms of social or political resistance, encourages the creative capacity required for collective political transformation. Among others, Kester analyzes the work of conceptual artist Adrian Piper, (...) experimental practices associated with the escrache tradition in Argentina, and indigenous Canadian artists such as Nadia Myer and Michèle Taïna Audette, showing how socially engaged art catalyzes forms of resistance that operate beyond the institutional art world. From the Americas and Europe to Iran and South Africa, Kester presents a historical genealogy of recent engaged art practices rooted in a deep history of cultural production, beginning with nineteenth-century political struggles and continuing into contemporary anticolonial resistance and other social movements. (shrink)

This open access book is a systematic update of the philosophical and scientific foundations of the biopsychosocial model of health, disease and healthcare. First proposed by George Engel 40 years ago, the Biopsychosocial Model is much cited in healthcare settings worldwide, but has been increasingly criticised for being vague, lacking in content, and in need of reworking in the light of recent developments. The book confronts the rapid changes to psychological science, neuroscience, healthcare, and philosophy that have occurred since the (...) model was first proposed and addresses key issues such as the model’s scientific basis, clinical utility, and philosophical coherence. The authors conceptualise biology and the psychosocial as in the same ontological space, interlinked by systems of communication-based regulatory control which constitute a new kind of causation. These are distinguished from physical and chemical laws, most clearly because they can break down, thus providing the basis for difference between health and disease. This work offers an urgent update to the model’s scientific and philosophical foundations, providing a new and coherent account of causal interactions between the biological, the psychological and social. (shrink)

This paper raises four queries about Simester’s defective engagement with reason account of culpability found in his Fundamentals of Criminal Law: (1) the characterisation of the account in terms of moral ‘vices’; (2) the basis for identifying a vice as a ‘moral’ vice; (3) what is involved in an agent manifesting ‘insufficient care and concern’ for the interests of others; and (4) whether the account is an account of culpability generally, or is instead an account of criminal culpability, i.e., the (...) type of culpability necessary for criminal conviction. (shrink)

Human nature is frequently evoked to characterize our species and describe how it differs from others. But how should we understand this concept? What is the nature of a species? Some take our nature to be an essence and argue that because humans lack an essence, they also lack a nature. Others argue for non-essentialist ways of understanding human nature, which usually aim to provide criteria for sorting human traits into one of two bins, the one belonging to our nature (...) and the other outside our nature. This Element argues that both the essentialist and trait bin approaches are misguided. Instead, the author develops a trait cluster account of human nature, which holds that human nature is based on the distribution of our traits over our (actual and possible) life histories. One benefit of this account is that it aligns human nature with the human sciences, rendering the central concern of the human sciences to be the study of human nature. (shrink)

Millions of scientific articles are published each year, making it difficult to stay abreast of advances within even the smallest subdisciplines. Traditional approaches to the study of science, such as the history and philosophy of science, involve closely reading a relatively small set of journal articles. And yet many questions benefit from casting a wider net: Is most scientific change gradual or revolutionary? What are the key sources of scientific novelty? Over the past several decades, a massive effort to digitize (...) the academic literature and equip computers with algorithms that can distantly read and analyze a digital database has taken us one step closer to answering these questions. The Dynamics of Science brings together a diverse array of contributors to examine the largely unexplored computational frontiers of history and philosophy of science. Together, they reveal how tools and data from automated textual analysis, or machine "reading," combined with methods and models from game theory and cultural evolutionary theory, can begin to answer fundamental questions about the nature and history of science. (shrink)

In this theological essay, Grant Kaplan revisits the key figures and debates that shape how faith and reason relate. Divided into three parts, Kaplan invites readers into a conversation that has helped to shape Christianity and modern civilization. Readers will encounter the words and arguments of some of Christianity's greatest thinkers, some well-known (Augustine, Aquinas, Luther, Newman) and others nearly forgotten. Readings of these fifty figures bring them to life in an accessible manner for a range of audiences: theologians (...) and philosophers, instructors, graduate students, seminarians, lay study groups, and undergraduate theology majors. Rather than simply summarizing their thought, Kaplan traces their arguments through key texts. (shrink)

This book is an analysis and discussion of the soul as a psychophysical process and its role in mental representation, meaning, understanding and agency. Grant Gillett and Walter Glannon combine contemporary neuroscience and philosophy to address fundamental issues about human existence and living and acting in the world. Based in part on Aristotle's hylomorphism and model of the psyche, their approach is informed by a neuroscientific model of the brain as a dynamic organ in which patterns of neural oscillation (...) and synchronization are shaped by biological, social and cultural factors inside and outside of it. The authors provide a richer and more robust account of the soul, or mind, than other accounts by framing it in neuroscientific and philosophical terms that do not explain it away but explain it as something that is shaped by how it responds to the natural and social environment in enabling flexible and adaptive behavior. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy, 'middle ground (MG)'. Like almost all fallacies, MG is prevalent because it closely resembles a non‐fallacious way of reasoning. In many disputes, especially when there is a spectrum of opinions, the truth often lies somewhere in between the most extreme views on either side. The fallacy is committed by people who don't listen to the reasons that have been offered by each side to defend their theories – they (...) simply assume that the truth is in the middle. The fallacy is the result of intellectual laziness. Fortunately, this is an easy fallacy to avoid. Simply keep in mind the fact that merely because someone asserts a theory, especially an extreme theory, this does not by itself provide evidence for any conclusion at all. (shrink)

Religionists and leftists have aligned themselves with several green causes, but have yet to engage each other in a real discussion of environmental issues. In this paper, I try to establish the basis for a dialogue between those segments of the religionist and leftist traditions that appear to have the most promise for forging a united green front. I label these two subgroups constructive postmodern religionistsand constructive postmodern leftists. I summarize the key ideas shared by each group, discuss how each (...) can rectify some of the weaknesses of the other, and consider some potential philosophical barriers to their union. I conclude by issuing a call for dialogue on the issues presented here. (shrink)

Introduction: sport and the event -- Ron Artest: the black body at rest (Alain Badiou) -- Eric Cantona: the body in motion (Gilles Deleuze) -- Zinedine Zidane: coup de boule (Jacques Derrida) -- Epilogue: being, event, and the philosophy of sport.

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has not (...) done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

This chapter contains sections titled: Van Inwagen's First Formalization.

This chapter contains sections titled: The Stories Games Tell Would You Kindly Put down That Wrench? Reconciling Games and Narratives.

This chapter deals with one of the common fallacies in Western philosophy called 'the gambler's fallacy (GF)'. GF is committed in the context of random, unconnected events. When (by chance) a certain outcome occurs very often in one period of time, the fallacious reasoner assumes that the opposite outcome will be more likely to occur in the future to “even out” the results. As with most fallacies, GF is prevalent because it is similar to a kind of good reasoning. This (...) chapter considers a case of flipping coin to understand this concept. GF covers situations where the results are based on chance. In a game of skill, for example, a streak may indicate the superiority of one player or team or it may cause the other players to adjust their strategy to stop the currently successful run. (shrink)

This chapter contains sections titled: How Can We Be Moved by the Fate of Niko Bellic? My Fear of Mutants The Role of the Emotions in Gaming.

This chapter contains sections titled: The Nature of Gaming What Are the Rules of This Game? Playing, Cheating, Fragging, and Griefing.

The prelims comprise: Half‐Title Page Wiley Series Page Title Page Copyright Page Dedication Page Table of Contents Acknowledgments.

This chapter contains sections titled: Welcome to Rapture Meet Niko Bellic Experiencing Game Worlds Acting in Game Worlds.

This chapter contains sections titled: The Problem with Crime Simulators Are Games Bad for You? On Being Offensive Sticking up for Videogames.

This chapter contains sections titled: Are Videogames Art? A Cluster Theory of Art The Art in Videogames New Art from Old Bottles.

This chapter contains sections titled: From Tennis for Two to Worlds of Warcraft Imaginary Worlds and Works of Fiction Fictional or Virtual? Interactive Fiction.

The new art of videogames -- What are videogames anyway? -- On definition -- Theories of gaming -- A definition of videogames -- Videogames and fiction -- From tennis for two to worlds of warcraft -- Imaginary worlds and works of fiction -- Fictional or virtual? -- Interactive fiction -- Stepping into fictional worlds -- Welcome to rapture -- Meet niko bellic -- Experiencing game worlds -- Acting in game worlds -- Games through fiction -- The nature of gaming -- (...) What are the rules of this game? -- Playing, cheating, fragging, and griefing -- Videogames and narrative -- The stories games tell -- Would you kindly put down that wrench? -- Reconciling games and narratives -- Emotion in videogaming -- How can we be moved by the fate of Niko Bellic? -- My fear of mutants -- The role of the emotions in gaming -- The morality of videogames -- The problem with crime simulators -- Are games bad for you? -- On being offensive -- Sticking up for videogames -- Videogames as art -- Are videogames art? -- A cluster theory of art -- The art in videogames -- New art from old bottles. (shrink)

The usefulness of ‘realism’ in explaining Russia’s decision to invade Ukraine has become a keenly contested debate not only in International Relations but in wider public intellectual discourse since the onset of the war in February 2022. At the centre of this debate is the punditry of John J. Mearsheimer, a prominent offensive realist who is a Professor of International Relations at the University of Chicago. This article argues that although Mearsheimer is indeed a realist, his offensive realism is but (...) one of many different realist theories that can forward an explanation of the Ukraine War. Beyond the apparent hegemony of structural realism (the branch of realism to which Mearsheimer’s offensive realism belongs), it is argued that classical and neoclassical realist frameworks can provide more nuanced and, ultimately, convincing arguments as to why Russian President Vladimir Putin decided to invade Ukraine. This is because both classical and neoclassical realism can incorporate insights from non-realist studies—such as the concepts of civilization and ontological security—and combine them into an overarching power politics framework. Although neither classical nor neoclassical realism is flawless in their explanations, they demonstrate that realism does not just have to be about international power structures but can offer multivariate accounts of why a state, like Russia, decided to act, such as invading Ukraine. (shrink)

Fitness is a central concept in evolutionary theory. Just as it is central to biological evolution, so, it seems, it should be central to cultural evolutionary theory. But importing the biological fitness concept to CET is no straightforward task—there are many features unique to cultural evolution that make this difficult. This has led some theorists to argue that there are fundamental problems with cultural fitness that render it hopelessly confused. In this essay, we defend the coherency of cultural fitness against (...) those who call it into doubt. (shrink)

We introduce here evoText, a new tool for automated analysis of the literature in the biological sciences. evoText contains a database of hundreds of thousands of journal articles and an array of analysis tools for generating quantitative data on the nature and history of life science, especially ecology and evolutionary biology. This article describes the features of evoText, presents a variety of examples of the kinds of analyses that evoText can run, and offers a brief tutorial describing how to use (...) it. (shrink)

There are three related criteria that a concept of fitness should be able to meet: it should render the principle of natural selection non-tautologous and it should be explanatory and predictive. I argue that for fitness to be able to fulfill these criteria, it cannot be a property that changes over the course of an individual's life. Rather, I introduce a fitness concept--Block Fitness--and argue that an individual's genes and environment fix its fitness in such a way that each individual's (...) fitness has a fixed value over its lifetime. (shrink)

In the United States today, much interpersonal racism is driven by corrupt forms of self-preservation. Drawing from Jean- Jacques Rousseau, I refer to this as self-love racism. The byproduct of socially-induced racial anxieties and perceived threats to one’s physical or social wellbeing, self-love racism is the protective attachment to the racialized dimensions of one’s social status, wealth, privilege, and/or identity. Examples include police officer related shootings of unarmed Black Americans, anti-immigrant sentiment, and the resurgence of unabashed white supremacy. This form (...) of racism is defined less by the introduction of racism into the world and more on the perpetuation of racially unjust socioeconomic and political structures. My theory, therefore, works at the intersection of the interpersonal and structural by offering an account of moral complacency in racist social structures. My goal is to reorient the directionality of philosophical work on racism by questioning the sense of innocence at the core of white ways-of-being. (shrink)

In this essay I examine a well-known articulation of human nature skepticism, a paper by Hull. I then review a recent reply to Hull by Machery, which argues for an account of human nature that he claims is both useful and scientifically robust. I challenge Machery’s account and introduce an alternative account—the “life-history trait cluster” conception of human nature—that I hold is scientifically sound and makes sense of our intuitions about—and desiderata for—human nature.

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

This article argues that legal precedents do not create rules, but rather create a special type of reason in favour of a decision in later cases. Precedents are often argued to be analogous to statutes in their law-creating function, but the common law practice of distinguishing is difficult to reconcile with orthodox accounts of the function of rules. Instead, a precedent amounts to a decision on the balance of reasons in the case before the precedent court, and later courts are (...) required to decide cases on the basis that the earlier decision was correctly decided. (shrink)

The study of animal culture is a flourishing field, with culture being recorded in a wide range of taxa, including non-human primates, birds, cetaceans, and rodents. In spite of this research, however, the concept of culture itself remains elusive. There is no universally assented to concept of culture, and there is debate over the connection between culture and related concepts like tradition and social learning. Furthermore, it is not clear whether culture in humans and culture in non-human animals is really (...) the same thing, or merely loose analogues that go by the same name. The purpose of this paper is to explicate core desiderata for a concept of culture and then to construct a concept that meets these desiderata. The paper then applies this concept in both humans and non-human animals. (shrink)

One contentious debate in the philosophy of biology is that between the statisticalists and causalists. The former understand core evolutionary concepts like fitness and selection to be mere statistical summaries of underlying causal processes. In this view, evolutionary changes cannot be causally explained by selection or fitness. The causalist side, on the other hand, holds that populations can change in response to selection—one can cite fitness differences or driftability in causal explanations of evolutionary change. But, on the causalist side, it (...) is often not clear how, precisely, one should understand these causes. Thus, much more could be said about what sort of causes fitness and driftability are. In this paper, I borrow Dretske's distinction between structuring and triggering causes and I suggest that fitness and driftability are structuring causes of evolution. (shrink)

In this paper, I argue (contra some recent philosophical work) that an objective distinction between natural selection and drift can be drawn. I draw this distinction by conceiving of drift, in the most fundamental sense, as an individual-level phenomenon. This goes against some other attempts to distinguish selection from drift, which have argued either that drift is a population-level process or that it is a population-level product. Instead of identifying drift with population-level features, the account introduced here can explain these (...) population-level features based on a property that I label driftability. Additionally, this account shows that biology’s “first law”—the Principle of Drift (Brandon, J Phil 102(7):319–335 2006)—is not a foundational law, but is a consequence of driftability. (shrink)

Innovation is a key component of most definitions of culture and intelligence. Additionally, innovations may affect a species' ecology and evolution. Nonetheless, conceptual and empirical work on innovation has only recently begun. In particular, largely because the existing operational definition (first occurrence in a population) requires long-term studies of populations, there has been no systematic study of innovation in wild animals. To facilitate such study, we have produced a new definition of innovation: Innovation is the process that generates in an (...) individual a novel learned behavior that is not simply a consequence of social learning or environmental induction. Using this definition, we propose a new operational approach for distinguishing innovations in the field. The operational criteria employ information from the following sources: (1) the behavior's geographic and local prevalence and individual frequency; (2) properties of the behavior, such as the social role of the behavior, the context in which the behavior is exhibited, and its similarity to other behaviors; (3) changes in the occurrence of the behavior over time; and (4) knowledge of spontaneous or experimentally induced behavior in captivity. These criteria do not require long-term studies at a single site, but information from multiple populations of a species will generally be needed. These criteria are systematized into a dichotomous key that can be used to assess whether a behavior observed in the field is likely to be an innovation. (shrink)