Data indicate the ubiquity and rapid increase of depression wherever war, want and social upheaval are found. The goal of this paper is to clarify such claims and draw conceptual distinctions separating the depressive states that are pathological from those that are normal and normative responses to misfortune. I do so by appeal to early modern writing on melancholy by Robert Burton, where the inchoate and boundless nature of melancholy symptoms are emphasized; universal suffering is separated from the disease states (...) known as melancholy or melancholia, and normal temperamental variation is placed in contrast to such disease states. In Burton's time these distinctions and characterizations could be secured by the anchoring tenets of humoral theory. Without such anchoring, and in light of the findings and assumptions of today's biological diagnostic psychiatry, we must re-visit each of them. My goals here are to show the need for analytic foundations when claims are made about depression such as those cited above, and to draw attention to some contemporary attempts that may help provide those foundations, particularly, attempts to define disorder or disease. With adjustments, one of these (Cooper 2002) is shown to take us some way toward that goal. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

Appeals to practices are common the humanities and social sciences. They hold the potential to explain interesting or compelling similarities, insofar as similarities are distributed within a community or group. Why is it that people who fall under the same category, whether men, women, Americans, baseball players, Buddhists, feminists, white people, or others, have interesting similarities, such as similar beliefs, actions, thoughts, foibles, and failings? One attractive answer is that they engage in the same practices. They do the same things, (...) perhaps as a result of doing things at the same site or setting, or perhaps as a result of being raised in a similar way among members of the same group. In the humanities, appeals to practices often serve as a move to point out diversity among different communities or diversity within the same community. Communities are distinct from one another in part because their members do different things or do things in different ways. The distinct and varied ways in which different communities enact social norms or formulate law, state institutions, and public policy might be explicable in part by the different practices their members are socialized into. Appeals to practices hold the promise of explaining these differences in terms of the different background practices of the groups, cultivated through a kind of cultural isolation or sense of collective identity. In the social sciences, appeals to practices have played a central role in fundamental theorizing and theory building. Appeals to practices in the social sciences are often much more systematic and theoretical, forming the core of the systematic theories of Pierre Bourdieu and Anthony Giddens in Anthropology and Sociology. Practice theory has thus become a growth industry in social scientific investigation, offering the promise of a central object of investigation that explains both unity and difference within and across communities and groups. But it is unclear just what practices are and what role, both ontological and explanatory, that practices are supposed to play. The term `practices' is used to pick out a wide range of things, and its relation to other terms, from `tradition' or `paradigm' to `framework' or `presupposition', is unclear. Practices are posited as ubiquitous, yet they are difficult to isolate and pin down. We are all said to participate in them, but they remain hidden. Their role, whether causal, logical, or hermeneutical, remains mysterious. After locating the historical origins of appeals to practices in the work of Ludwig Wittgenstein and Martin Heidegger, my dissertation uses Stephen Turner's broad and systematic critique of appeals to practices to develop a new type of account. My account is a phenomenological account that treats practices as human doings that show up to people in material and social environments and make themselves available for specific responses in those environments. I argue that a phenomenological account is an effective alternative to accounts that treat practices as either shared objects with properties or shared and implicit presuppositions. I use a phenomenological account of practices to treat important debates in feminist philosophy and the philosophy of the social sciences, particularly debates over pornography's subordination of women and the classification of mental disorders in psychiatry. (shrink)