Online research in philosophy

Thanks to his unsurpassed eye and his fearless willingness to take a stand, Clement Greenberg (1909 1994) became one of the giants of 20th century art criticism a writer who set the terms of critical discourse from the moment he burst onto the scene with his seminal essays Avant Garde and Kitsch (1939) and Towards a Newer Laocoon (1940). In this work, which gathers previously uncollected essays and a series of seminars delivered at Bennington in 1971, Greenberg (...) provides his most expansive statement of his views on taste and quality in art, arguing for an esthetic that flies in the face of current art world fashions. Greenberg insists despite the attempts from Marcel Duchamp onwards to escape the jurisdiction of taste by producing an art so disjunctive that it cannot be judged that taste is inexorable. He argues that standards of quality in art, the artist's responsibility to seek out the hardest demands of a medium, and the critic's responsibility to discriminate, are essential conditions for great art. The obsession with innovation the epidemic of newness leads, in Greenbergs view, to the boringness of so much avant garde art. He discusses the interplay of expectation and surprise in aesthetic experience, and the exalted consciousness produced by great art. Homemade Esthetics allows us particularly in the transcribed seminar sessions, never before published to watch the critics mind at work, defending (and at times reconsidering) his theories. His views, often controversial, are the record of a lifetime of looking at and thinking about art as intensely as anyone ever has. (shrink)

Instead, Robert Greenberg argues that Kant is more fundamentally concerned with the possibility of a priori knowledge -- the very possibility of the possibility ...

In “How Facts Make Law” (Greenberg 2004), I argue that non-normative contingent facts are not sufficient to determine the content of the law. In the present paper, I take up a challenge raised by Enrique Villanueva (2005). He suggests that, to put it very briefly, descriptive facts can be reasons of the relevant kind. Therefore, even if the content of the law depends on reasons, it does not follow that law practices cannot themselves determine the content of the law. (...) Villanueva proposes a value-neutral criterion – textualism. In other words, he suggests that the descriptive facts about the meaning of legal texts are themselves reasons that determine the contribution of law practices to the content of the law. This suggestion depends on too shallow a conception of the requirement of reasons. For the law to be rationally determined, it is not enough that there be some value-neutral criterion that specifies that law practices have certain consequences for the content of the law. There have to be reasons that explain why that criterion, as opposed to all others, is the legally correct one – the one that, in the relevant legal system, determines the contribution of law practices to the content of the law. Normative facts are the best candidates for such reasons. And, in fact, Villanueva’s textualist criterion derives its appeal from normative facts. Reasons play a central role in the ontology of law. The determinants of the content of the law, which include law-determining practices such as statutes and judicial decisions, influence the content of the law in a systematic way. But their influence on the content of the law cannot be brute: the determining facts must constitute reasons why particular legal facts obtain. Descriptive facts cannot themselves provide the necessary reasons: for any descriptive fact that is a candidate reason, there are many possible models of its significance for the legal facts. Given the descriptive facts alone, it is arbitrary which of the possible models is correct, and therefore what the legal facts are. Descriptive facts therefore cannot alone determine the content of the law. Normative facts are the best candidates for what needs to be added to the law practices in order for the determining facts to make rationally intelligible why particular legal facts, as opposed to others, obtain. (shrink)

In this book, Yael Greenberg discusses and clarifies a number of controversial issues and phenomena in the generic literature, including the existence of ...

Rebbetzin Esther Greenberg was famous throughout Israel as a mentor to countless women, including some of the best-known teachers and counselors.

Newcomers and more experienced feminist theorists will welcome this even-handed survey of the care/justice debate within feminist ethics. Grace Clement clarifies the key terms, examines the arguments and assumptions of all sides to the debate, and explores the broader implications for both practical and applied ethics. Readers will appreciate her generous treatment of the feminine, feminist, and justice-based perspectives that have dominated the debate.Clement also goes well beyond description and criticism, advancing the discussion through the incorporation of a (...) broad range of insights into a new integration of the values of care and justice. Care, Autonomy, and Justice marks a major step forward in our understanding of feminist ethics. It is both direct and helpful enough to work as an introduction for students and insightful and original enough to make it necessary reading for scholars. (shrink)

CRS says that the meanings of expressions of a language or other symbol system or the contents of mental states are determined and explained by the way symbols are used in thinking. According to CRS one.

Hume begins the Treatise of Human Nature by announcing the goal of developing a science of man; by the end of Book 1 of the Treatise, the science of man seems to founder in doubt. Underlying the tension between Hume's constructive ambition – his 'naturalism'– and his doubts about that ambition – his 'skepticism'– is the question of whether Hume is justified in continuing his philosophical project. In this paper, I explain how this question emerges in the final section of (...) Book 1 of the Treatise, the 'Conclusion of this Book', then examine Janet Broughton's and Don Garrett's answers to it, and conclude by sketching a different approach to this question. (shrink)

Tyler Burge’s influential arguments have convinced most philosophers that a thinker can have a thought involving a particular concept without fully grasping or having mastery of that concept. In Burge’s (1979) famous example, a thinker who lacks mastery of the concept of arthritis nonetheless has thoughts involving that concept. It is generally supposed, however, that this phenomenon – incomplete understanding, for short – does not require us to reconsider in a fundamental way what it is for a thought to involve (...) a particular concept. In this paper, I argue that the real significance of incomplete understanding has not been appreciated. To the extent that theorists of content address the phenomenon of thoughts involving incompletely grasped contents at all, they tend to assume that some hand-waving about deference to other thinkers who fully grasp the relevant concepts will take care of the inconvenient cases of incomplete understanding. The main lesson of Burge’s arguments is often taken to be that the content of language and thought is socially determined. On this picture, we do not need to change our basic view about what it is to have a concept; we just need to recognize that some thinkers can manage to have a concept by piggybacking on others. In contrast, on the view I defend, taking incomplete understanding seriously forces us to rethink some of our most basic assumptions about the nature of mental content. Deference is a red herring. The role of society in determining the content of thought is not the main lesson, but at most a useful clue as to the nature of mental and linguistic content. (shrink)

In this paper, I criticize an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the “naturalization of epistemology.” Quine argued that we should replace certain traditional philosophical inquiries into the justification of our beliefs with empirical psychological inquiry into how we actually form beliefs. In a prominent series of papers and a forthcoming book, Brian Leiter (...) has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested parallel. I argue that the parallel does not hold up. I show that, granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy between, on the one hand, the justification of belief in scientific theories and, on the other, the justification of decisions in legal cases, the result is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. Finally, the conclusion that law is indeterminate could not establish the bankruptcy of philosophical investigation into the relation between the grounds of law and the content of the law. After all, the argument for that conclusion depends on a philosophical account of the relation between the grounds of law and the content of law. The argument therefore presupposes that that relation is an appropriate subject for philosophical inquiry. (shrink)

In this paper, I propose a new way of understanding the space of possibilities in the field of mental content. The resulting map assigns separate locations to theories of content that have generally been lumped together on the more traditional map. Conversely, it clusters together some theories of content that have typically been regarded as occupying opposite poles. I make my points concrete by developing a taxonomy of theories of mental content, but the main points of the paper concern not (...) merely how to classify, but how to understand, the theories. Also, though the paper takes theories of mental content as a case study, much of the discussion is applicable to theories of other phenomena. To a first approximation, the difference between the traditional and the proposed taxonomies turns on whether we classify theories of content by, on the one hand, their implications for a non-redundant supervenience base for content facts (i.e., for facts about what contents thoughts have) or, on the other, by their constitutive accounts of content. By a "constitutive account," I mean the kind of elucidation of the nature of a phenomenon that theorists have tried to give for, for example, knowledge, justice, personal identity, consciousness, convention, heat, and limit. The tendency to taxonomize by supervenience base is encouraged, I suggest, by a failure to keep clearly in view a distinction between constitutive and modal determination. Many philosophers would accept that a constitutive account cannot be captured in purely modal terms. Giving a constitutive account is not the same as specifying modally necessary and sufficient conditions. Nevertheless, philosophers often try to cash constitutive claims in modal terms. A case in point is that theories of content tend to be conceptualized in terms of the theories' implications for a supervenience base for content facts. My thesis goes beyond the by-now somewhat familiar proposition that not all modal determinants of a phenomenon are constitutive determinants. One who has taken that point on board might nevertheless conceive of a philosophical account as an attempt to specify constitutive determinants of the target phenomenon that make up a non-redundant supervenience base for the phenomenon. Shoehorning a philosophical account into this form leaves out elements that are modally redundant, but may be explanatorily or ontologically significant. For example, when a constitutive account has multiple levels, the different levels will typically be modally redundant. Formulating the account as a specification of a supervenience base of constitutive determinants will therefore flatten the account into a single level. Many of my arguments can be illustrated by considering the place of normativity in the theory of content. The new taxonomy gives a distinct niche to normative theories of content - theories that explain a thought's having a certain content at least in part in terms of the obtaining of normative facts. By contrast, on a traditional map, normative theories are invisible as such because normative facts supervene on non-normative ones. (shrink)

Humans massively depend on communication with others, but this leaves them open to the risk of being accidentally or intentionally misinformed. To ensure that, despite this risk, communication remains advantageous, humans have, we claim, a suite of cognitive mechanisms for epistemic vigilance. Here we outline this claim and consider some of the ways in which epistemic vigilance works in mental and social life by surveying issues, research and theories in different domains of philosophy, linguistics, cognitive psychology and the social sciences.

I offer a new argument against the legal positivist view that non-normative social facts can themselves determine the content of the law. I argue that the nature of the determination relation in law is rational determination: the contribution of law-determining practices to the content of the law must be based on reasons. That is why it must be possible in principle to explain what makes the law have the content that it does. It follows, I argue, that non-normative facts about (...) statutes, judicial decisions, and other practices cannot themselves determine the content of the law. A full account must appeal to considerations independent of the practices that determine the relevance of the practices to the content of the law. Normative facts are the best candidates. (shrink)

In recent years, numerous studies have tried to highlight, from a naturalistic point of view, the apparent mysteries of consciousness. Many authors concentrated their efforts on explaining the phylogenetic origins of consciousness. Paradoxically, comments on the ontogenesis of consciousness are almost nonexistent. By crossing the results of psychology of development with a philosophical analysis, this paper aims to make up for this omission. After having characterized the different conceptual aspects of consciousness, we combine these, with observations made by developmental psychologists, (...) to trace the empirical development of consciousness during the first months of life. This combination leads to a theoretical proposal: the intentional characteristics of consciousness, namely, aboutness and purposefulness, depend on the phenomenal properties of conscious states. From this perspective, the phenomenal aspect of conscious states (the "what it is like" effect) is therefore far from being an epiphenomenon. (shrink)

The view (most prominently advocated by Justice Scalia) that original meaning entails the constitutionality of original practices has strong intuitive appeal and has been broadly assumed by originalists and nonoriginalists alike. But the position is mistaken. We suggest that a failure to distinguish between two different notions of meaning accounts for the position's wide currency. According to the first notion, the meaning of a term is roughly what a dictionary definition attempts to convey--the semantic or linguistic understanding necessary to use (...) the term, as opposed to nonlinguistic facts about the objects or activities to which the term applies. In contrast, according to the second, looser notion, the meaning of a term incorporates the objects or activities to which the term is applied. The first notion lies behind originalism's theoretical force; it is untenable that the meaning of the Constitution in the first sense could evolve. In sharp contrast, it is not only tenable but inevitable that changes occur over time in the class of things to which a constitutional provision is applied. Once recognized, the distinction undermines the seemingly natural move from the necessity of interpreting the Constitution in accordance with how it was originally understood to the necessity of upholding practices originally understood to be constitutional. By taking the distinction on board and rejecting the assumption, originalism can readily deflect the challenges based on unacceptable original practices; as a consequence, however, it will not be tenable for originalism, in any case challenging an original practice, simply to rule out the possibility of the practice's invalidity. (shrink)

In this paper, I argue that there is a picture of how law works that most legal theorists are implicitly committed to and take to be common ground. This Standard Picture (SP, for short) is generally unacknowledged and unargued for. SP leads to a characteristic set of concerns and problems and yields a distinctive way of thinking about how law is supposed to operate. I suggest that the issue of whether SP is correct is a fundamental one for the philosophy (...) of law, more basic, for example, than the issue that divides legal positivists and anti-positivists, at least as the latter issue is ordinarily understood. The goals of the paper are fourfold: 1) to identify and articulate in some detail the Standard Picture; 2) to show that SP is widely held and has important consequences for other debates in the philosophy of law; 3) to show that SP leads to a serious theoretical problem; 4) to sketch an alternative picture that promises to avoid this problem. I emphasize the modesty of these goals in one respect. I make no claim to refute SP or to fully develop and defend an alternative picture. (shrink)

Psychologists have emphasized children's acquisition of information through firsthand observation. However, many beliefs are acquired from others' testimony. In two experiments, most 4yearolds displayed sceptical trust in testimony. Having heard informants' accurate or inaccurate testimony, they anticipated that informants would continue to display such differential accuracy and they trusted the hitherto reliable informant. Yet they ignored the testimony of the reliable informant if it conflicted with what they themselves had seen. By contrast, threeyearolds were less selective in trusting a reliable (...) informant. Thus, young children check testimony against their own experience and increasingly recognise that some informants are more trustworthy than others. (shrink)

Fodor’s asymmetric-dependence theory of content is probably the best known and most developed causal or informational theory of mental content. Many writers have attempted to provide counterexamples to Fodor’s theory. In this paper, I offer a more fundamental critique. I begin by attacking Fodor’s view of the dialectical situation. Fodor’s theory is cast in terms of laws covering the occurrence of an individual thinker’s mental symbols. I show that, contrary to Fodor’s view, we cannot restrict consideration to hypothetical cases in (...) which his conditions for content are satisfied, but must consider whether the relevant laws exhibit the specified asymmetric-dependence relations in actual cases. My central argument is that the laws that the theory requires do not in fact exhibit the appropriate asymmetric-dependence relations. I show that, in general, part of the mechanism for the crucial, supposedly content-determining law for a mental symbol is not shared by the mechanisms for the other laws covering the occurrence of the same mental symbol. As a result, the former law can be eliminated (by eliminating the non-overlapping part of the mechanism) without eliminating the latter laws. The latter laws do not asymmetrically depend on the former law. (shrink)

The punishment of social misconduct is a powerful mechanism for stabilizing high levels of cooperation among unrelated individuals. It is regularly assumed that humans have a universal disposition to punish social norm violators, which is sometimes labelled “universal structure of human morality” or “pure aversion to social betrayal”. Here we present evidence that, contrary to this hypothesis, the propensity to punish a moral norm violator varies among participants with different career trajectories. In anonymous real-life conditions, future teachers punished a talented (...) but immoral young violinist: they voted against her in an important music competition when they had been informed of her previous blatant misconduct toward fellow violin students. In contrast, future police officers and high school students did not punish. This variation among socio-professional categories indicates that the punishment of norm violators is not entirely explained by an aversion to social betrayal. We suggest that context specificity plays an important role in normative behaviour; people seem inclined to enforce social norms only in situations that are familiar, relevant for their social category, and possibly strategically advantageous. (shrink)

In this paper, I deploy an argument that I have developed in a number of recent papers in the service of three projects. First, I show that the most influential version of legal positivism – that associated with H.L.A. Hart – fails. The argument’s engine is a requirement that a constitutive account of legal facts must meet. According to this rational-relation requirement, it is not enough for a constitutive account of legal facts to specify non-legal facts that modally determine the (...) legal facts. The constitutive determinants of legal facts must provide reasons for the obtaining of the legal facts (in a sense of “reason” that I develop). I show that the Hartian account is unable to meet this requirement. That officials accept a rule of recognition does not by itself constitute a reason why the standards specified in that rule are part of the law of the community. I argue that it is false that understanding the explanatory significance of officials’ acceptance of a rule is part of our reflective understanding of the nature of law. The second project of the paper is to respond to a family of objections that challenge me to explain why normative facts and descriptive facts together are better placed to provide reasons for legal facts than descriptive facts alone. A unifying theme of the objections is that explanations have to stop somewhere; descriptive facts, it is suggested, are no worse a stopping place than normative facts. Third, the paper spells out a consequence of the rational-relation requirement: if an account of what, at the most basic level, determines legal facts is true in any possible legal system, it is true in all possible legal systems. For example, if a Hartian account of legal facts is true in any possible legal system, it is true in all possible legal systems. I use this all-or-nothing result in my critique of a Hartian account, but the result is of interest in its own right. (shrink)

Darwinian theories of culture need to show that they improve upon the commonsense view that cultural change is explained by humans? skillful pursuit of their conscious goals. In order for meme theory to pull its weight, it is not enough to show that the development and spread of an idea is, broadly speaking, Darwinian, in the sense that it proceeds by the accumulation of change through the differential survival and transmission of varying elements. It could still be the case that (...) the best explanation of why the idea has developed and spread is the conscious pursuit of human goals. Meme theory has the potential to do explanatory work in diverse ways. It can challenge the goal-based account of cultural change directly. Other possibilities for meme theory include explaining the acquisition of our goals and showing that memes and genes evolve together, each affecting the selective forces acting on the other. Raising the question of meme theory?s explanatory payoff brings out the importance of the ?selfish-meme? idea and the idea of non-content biases. Both have the potential to challenge the claim that our goals are in the driver?s seat. In order to show that a Darwinian theory of culture is more than an idle redescription, however, it is necessary to make the case that it offers explanatory gain over its competitors, in particular over the common sense goal-based account. (shrink)

In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...) parallel and argue that the parallel does not hold up. Even granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of Cartesian foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy, the upshot is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. (shrink)

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM – whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part I of this article took up the first two questions. Part II will take up the second two questions. Question 3 deals with the question as to whether DSM-V should assume a conservative or assertive posture in making changes from DSM-IV. That question in turn breaks down into discussion of diagnoses that depend on, and aim toward, empirical, scientific validation, and diagnoses that are more value-laden and less amenable to scientific validation. Question 4 takes up the role of pragmatic consideration in a psychiatric nosology, whether the purely empirical considerations need to be tempered by considerations of practical consequence. As in Part 1 of this article, the general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

In a recent paper, Eckart Förster challenges interpreters to explain why in the first Critique practical reason has a canon but no dialectic, whereas in the second Critique, there is not only a dialectic, but an antinomy of practical reason. In the Groundwork, Kant claims that there is a natural dialectic with respect to morality (4:405), a different claim from those advanced in the first and second Critiques. Förster's challenge may therefore be reformulated as the problem of explaining why practical (...) reason has a canon in the first Critique, a dialectic in the Groundwork, and an antinomy in the second Critique. In this paper, I answer this challenge. I argue that these differences are due to the different aims and scope of the works, and in particular, the different place of the inclinations in their arguments. (shrink)

Philosophers agree that an important part of our knowledge is acquired via testimony. One of the main objectives of social epistemology is therefore to specify the conditions under which a hearer is justified in accepting a proposition stated by a source. Non-reductionists, who think that testimony could be considered as an a priori source of knowledge, as well as reductionists, who think that another type of justification has to be added to testimony, share a common conception about children development. Non-reductionists (...) believe that infants and children are fundamentally gullible and their gullibility could be seen as an example for justifying testimony, while reductionists believe that this gullibility is merely an exception that should be taken into account. The objective of this paper is to review contemporary literature in developmental psychology providing empirical grounds likely to clarify this philosophical debate. What emerges from current research is a more elaborated vision of children’s attitude toward testimony. Even at a very young age, children do not blindly swallow information coming from testimony; doubtful or contradictory information is automatically screened by their cognitive system. Even if they are unable to give positive reasons for the acceptance of a given testimony, young children are not gullible. Such empirical findings tend to call into question the radical opposition between reductionism and non-reductionism. (shrink)

"Each animal in its own psychological setting . . / 1 Gerard Piel Scientific American, New York TC Schneirla was more interested in questions than in ...

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...) ever justified, it would not help Leiter’s parallel. Given Leiter’s way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists’ indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

Richard A. Watson’s proposal that rights inhere only in those who can perform duties is here objected to as being too intellectualistic. Instead, it is suggested that rights inhere in all those who participate in the process of becoming, as A. N. Whitehead proposed half a century ago. Ecological science lends new support to this view.

This paper was presented at the American Philosophical Association's 2007 Berger Prize session. It is a reply to Ken Himma's comment on my paper, "How Facts Make Law," which was awarded the 2007 Berger Prize for the outstanding paper in philosophy of law published during 2004 and 2005. In his thoughtful and thought-provoking paper, Himma claims that the argument of "How Facts Make Law" must go wrong somewhere because, if successful, the argument shows too much with too little. In particular, (...) he claims that my argument, with very limited resources, reaches a conclusion that entails that subjectivist and non-cognitivist theories of morality are false. Himma insists that I should not be able to resolve such controversial debates in meta-ethics with no meta-ethical or even normative resources. My basic response has two parts. First, it is not correct that my conclusion entails that subjectivist and non-cognitivist theories of morality are false. My conclusion itself is neutral as to the metaphysics of morality. Second, it's not even true that my argument, if successful, shows that there must be moral facts. The reason is that I rely on the plausibility of the existence of moral facts (whatever their metaphysics) in arguing for my conclusion. In sum, my argument's conclusion doesn't get us nearly as far as Himma thinks. Nor are my argument's resources as meager as he claims. (shrink)

Bering's analysis is inadequate because it fails to consider past and present adult soul beliefs and the psychological functions they serve. We suggest that a valid folk psychology of souls must consider features of adult soul beliefs, the unique problem engendered by awareness of death, and terror management findings, in addition to cognitive inclinations toward dualistic and teleological thinking.

Most legal theorists, including almost all positivists and many others, take for granted or are implicitly committed to an assumption that is not an official part of positivism. The assumption is that the content of the law is determined by the contents of legally authoritative pronouncements. I call it the Pronouncement View (PV, for short). The kind of determination at issue here is constitutive, not epistemic. That is, PV concerns what makes the content of the law what it is, not (...) how we ascertain the content of the law. PV is more of an organizing principle or core idea, than a precise doctrine. I have introduced PV in an unqualified form, but there are a variety of ways in which its claim could be moderated. For example, a qualified version of PV could hold that the contents of legally authoritative pronouncements play a central or predominant role in determining the content of the law. The debate between positivists and anti-positivists is often framed in a way that takes PV for granted. For example, one typical characterization takes the debate to concern whether laws must pass a moral test in order to be valid. The use of “laws” here betrays an assumption that the starting point is legally authoritative pronouncements. Given this starting point, if morality is relevant it will have to be as a way of screening the content of authoritative pronouncements. I suggest that the issue of whether a PV-based view of law is correct is more fundamental than the issue that divides legal positivists and anti-positivists, at least as the latter issue is commonly understood. For example, one common understanding of the latter issue is that positivists claim, and anti-positivists deny, that the criteria of legal validity – the criteria that determine whether a norm is legally valid – need not include moral facts. As will become clear, however, the picture of law presupposed by this way of framing the debate – according to which candidate norms qualify as legal norms by satisfying criteria of validity – is closely associated with PV and need not be accepted by non-PV-based views of law. PV leads to a characteristic set of concerns and problems, and yields a distinctive way of thinking about how law is supposed to operate. In this paper, I will offer an alternative to PV, which I call the Dependence View (DV, for short). I begin to develop the picture of law that it yields. The discussion throughout is exploratory and tentative. The goal is to sketch the alternative picture and identify problems and possible ways of developing it, not to refute the picture associated with PV. (shrink)

In recent years, numerous studies have tried to highlight, from a naturalistic point of view, the apparent mysteries of consciousness. Many authors concentrated their efforts on explaining the phylogenetic origins of consciousness. Paradoxically, comments on the ontogenesis of consciousness are almost nonexistent. By crossing the results of psychology of development with a philosophical analysis, this paper aims to make up for this omission. After having characterized the different conceptual aspects of consciousness, we combine these, with observations made by developmental psychologists, (...) to trace the empirical development of consciousness during the first months of life. This combination leads to a theoretical proposal: the intentional characteristics of consciousness, namely, aboutness and purposefulness, depend on the phenomenal properties of conscious states. From this perspective, the phenomenal aspect of conscious states (the "what it is like" effect) is therefore far from being an epiphenomenon. (shrink)

I discuss how the work in Walker's article adds to the considerable body of research on dreaming, sleep, and memory that appeared in the early days of modern sleep research. I also consider the issue of REM-independent and REM-dependent kinds of learning. This requires including emotional issues in our discussion, and therefore emphasizes the importance of studying and understanding dreams.

Terror management theory and research can rectify shortcomings in Atran & Norenzayan's (A&N's) analysis of religion. (1) Religious and secular worldviews are much more similar than the target article supposes; (2) a propensity for embracing supernatural beliefs is likely to have conferred an adaptive advantage over the course of evolution; and (3) the claim that supernatural agent beliefs serve a terror management function independent of worldview bolstering is not empirically supported.

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM - whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part I of this article took up the first two questions. Part II will take up the second two questions. Question 3 deals with the question as to whether DSM-V should assume a conservative or assertive posture in making changes from DSM-IV. That question in turn breaks down into discussion of diagnoses that depend on, and aim toward, empirical, scientific validation, and diagnoses that are more value-laden and less amenable to scientific validation. Question 4 takes up the role of pragmatic consideration in a psychiatric nosology, whether the purely empirical considerations need to be tempered by considerations of practical consequence. As in Part 1 of this article, the general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM - whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part 1 of this article took up the first two questions. Part 2 took up the second two questions. Part 3 now deals with Questions 5 & 6. Question 5 confronts the issue of utility, whether the manual design of DSM-III and IV favors clinicians or researchers, and what that means for DSM-5. Our final question, Question 6, takes up a concluding issue, whether the acknowledged problems with the earlier DSMs warrants a significant overhaul of DSM-5 and future manuals. As in Parts 1 & 2 of this article, the general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

Scholars from both disciplinary and interdisciplinary formations will discover the need to consult and use this volume.

John Leslie comes to tell us that the end of the world is closer than we think. His book is no ordinary millennial manifesto, however. Leslie is a sophisticated philosopher of science, and the source of his message is not divine revelation, apocalyptic fantasy or anxiety about the year-2000 computer problem, but ‘the Doomsday Argument’ – an a priori argument that seeks support in probability..

The paper points out that in dynamic games a player may be better-off if other players do not know his choice of strategy. That is, a player may benefit by not revealing (or not pre-determining) the choice of his action in an information set he (thereby) hopes will not be reached. He would be better-off by exercising his ``right to remain silent'' if he believes –- as the empirical evidence shows –- that players display aversion to ``Knightian uncertainty''. In this (...) case, a player who behaves strategically, may wish to avoid revealing his strategy. This is true under various interpretations of the notion of ``strategy profiles''. (shrink)

The present article attempts to evaluate various tenets of moral philosophy by reviewing empirical data from the field of organizational justice bearing on: (a) people''s concerns about fairness in organizations, and (b) the consequences of following or not following rules of justice. With respect to concerns about fairness in organizations, utilitarian claims that people believe that fairness requires distributions of reward based on merit were assessed. Similarly, evidence was reviewed bearing on the claim of psychological egoists that judgments of fairness (...) reflect a self-interested bias. Finally, Kant''s view that people should never lie was evaluated in light of evidence describing people''s actual attitudes toward lying. In all three cases, the underlying philosophical premises were concluded to be overly simplistic in view of complexities about human nature revealed in empirical research. In addition, evidence was reviewed that shed light on the teleological claims of utilitarians regarding the purported benefits of following two common organizational practices — using merit-based pay, and punishing harmdoers. Here, too, the empirical evidence (findings that these techniques do not consistently yield the greatest good for the greatest number) suggests that the premise underlying utilitarian thought is based on unfounded, overly simplistic assumptions about the effects of following various allegedly moral ideas. It is concluded that our analyses provide a useful first step toward the desired goal of business ethicists of integrating prescriptive and descriptive approaches to justice. (shrink)

Adopting a Quinean criterion of ontological commitment, I consider Kant’s theory of our a priori knowledge of objects. I am directly concerned with the customary view that the ontology of Kant’s theory of knowledge in general, whether a priori or empirical, must be thought in terms of the a priori conditions or representations of space, time, and the categories. Accordingly, the customary view is accompanied by the customary interpretation of the ontology as consisting of Kantian“appearances” or “empirical objects.” I argue (...) against this view and interpretation. The argument turns on the opposition between the necessity and universality of the a priori and the particularity and contingency of the existent. Its main point is that the a priori can remain necessary and universal only if the existence of objects is kept distinct from it. (shrink)

Research on aggression and terror management theory suggests shortcomings in Nell's analysis of cruelty. Hostile aggression and exposure to aggressive cues are not inherently reinforcing, though they may be enjoyed if construed within a meaningful cultural framework. Terror management research suggests that human cruelty stems from the desire to defend one's cultural worldview and to participate in a heroic triumph over evil.

We do not dispute the findings of Ceci et al.'s study, though they are based on survey research which does not always reflect real-life experiences. We report on cases we have defended on the basis of the tenure system, few of which mirror the situations reported in the target article. We end with a strong defense of the tenure system in the modern university. (Published Online February 8 2007).

The accounting profession is concerned with the ethical beliefs of its members. To this end, the authors surveyed public accountants, questioning them about the AICPA''s Code of Professional Conduct and their perceptions of how potentially unethical behaviors impact the firm. The paper focuses on respondents'' perceptions of the impact on the firm''s practice, image and degree of concern.Public accountants appear to agree with the AICPA''s Code of Professional Ethics. Their mean responses indicate they believe the Code components are important and (...) extremely important. Some Code components were significantly more important than others, especially demonstrating professionalism and maintaining independence while performing independent audits. Gender, role and organizational level all had significant effects on the importance of the Code. Males, non-auditors and upper management all expressed stronger beliefs in the importance of the overall Code and its components. (shrink)

This volume bridges this longstanding divide by demonstrating how rigorous experimental methods can be applied to understanding key existential concerns, ...

This paper presents an analysis of commonly held views about critical thinking and how they relate to learning and teaching at the college level. It focuses on assumptions often held by researchers, such as those expressed in the three studies included in this issue, and considers as well the conclusions raised by these studies when addressing needs of those with disabilities. The theory of mediated learning experience offers a uniquely effective way to further critical thinking skills. The paper compares learner-centered (...) vs. content-centered instructional design. (shrink)

Pulvermüller traces the differences in brain activity associated with function and content words. The model considers words displayed primarily in isolation. Research on letter detection suggests that what distinguishes function from content words are their roles in text. Hence a model that fails to consider context effects on the processing of words provides an insufficient accounting of word representation in the brain.

In face of the multiple controversies surrounding the DSM process in general and the development of DSM-5 in particular, we have organized a discussion around what we consider six essential questions in further work on the DSM. The six questions involve: 1) the nature of a mental disorder; 2) the definition of mental disorder; 3) the issue of whether, in the current state of psychiatric science, DSM-5 should assume a cautious, conservative posture or an assertive, transformative posture; 4) the role (...) of pragmatic considerations in the construction of DSM-5; 5) the issue of utility of the DSM - whether DSM-III and IV have been designed more for clinicians or researchers, and how this conflict should be dealt with in the new manual; and 6) the possibility and advisability, given all the problems with DSM-III and IV, of designing a different diagnostic system. Part I of this article will take up the first two questions. With the first question, invited commentators express a range of opinion regarding the nature of psychiatric disorders, loosely divided into a realist position that the diagnostic categories represent real diseases that we can accurately name and know with our perceptual abilities, a middle, nominalist position that psychiatric disorders do exist in the real world but that our diagnostic categories are constructs that may or may not accurately represent the disorders out there, and finally a purely constructivist position that the diagnostic categories are simply constructs with no evidence of psychiatric disorders in the real world. The second question again offers a range of opinion as to how we should define a mental or psychiatric disorder, including the possibility that we should not try to formulate a definition. The general introduction, as well as the introductions and conclusions for the specific questions, are written by James Phillips, and the responses to commentaries are written by Allen Frances. (shrink)

The potential for the occurrence of multiple-role relationships is increased when professors also consult with athletic teams on their campuses. Such multiple-role relationships have potential ethical implications that are unclear and largely unexplored, and consultants may find multiple-role relationships both difficult to deal with and unavoidable. Therefore, the purpose of this study was to explore the nature of teacher-practitioner multiple-role relationships. Participants (N = 35) were recruited from Association for the Advancement of Applied Sport Psychology (AAASP) certified consultants (CCs) who (...) were also affiliated with a university (N = 68). All participants completed a 28-item survey exploring the incidence and relevant issues pertaining to multiple-role relationships. Chi-square analyses revealed that licensed mental health practitioners (i.e., psychologists and counselors) were more likely than nonlicensed AAASP CCs to believe that multiple-role relationships were never appropriate in sport psychology, 2(1, N = 30) = 12.80, p < .001, and to have never taken part in a multiple-role relationship, 2(1, N = 33) = 12.44, p < .001. Independent samples t tests revealed that mental health practitioners also reported that they would have higher levels of concern for both the practitioner, t(30) = -2.77, p = .009, and the client, t(30) = -2.50, p = .018, in such a relationship. (shrink)

Focussing on some claims addressed by Richard Wollheim and Clement Greenberg I investigate how the concepts of depicted figure, background of a pictorial scene and ground of a picture are relevant for an understanding of the relation between figurative and abstract pictures, especially when it comes to consider whether abstract pictures can be said to represent pictorially.

Differences in difficulty between isomorphs of the Tower of Hanoi are generally explained in terms of differences in processing loads required by the different versions Kotovsky & Fallside, 1989 . Our claim is that the general knowledge about an action, activated by the context, is what guides the elaboration of problem representation. To test this hypothesis, we manipulated the context using four isomorphs. The results support the hypothesis: the selection of the adequate point of view on the action depends on (...) the context, and is a crucial step in the elaboration of problem representation. The more difficult versions are those that require abandoning the first point of view and selecting a new one. (shrink)

Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870?1910 Chapel Hill, N.C.: The University of North Carolina Press, 1981, 335 pp. Charles Campbell, Serving Time Together: Men and Women in Prison Fort Worth, Texas Christian University Press, 1980, 237 pp.

We show, however, that this is not always the case.

In this commentary I discuss the importance of considering the isomorphism between the full richness of dreams and the great body of information about REM sleep that is amply documented in the five target articles. With this inclusive mode I point out the importance of looking at REM sleep as involving both pontine and cortical activity in an integrated network. We cannot have a full appreciation of sleep and dreaming (view of the forest) without taking both physiology and mental activity (...) seriously. [Hobson et al., Nielsen, Revonsuo, Solms, Vertes & Eastman]. (shrink)

We show that if d $\in GH_1$ then D( $\leq$ d) has the complementation property, i.e.. for all a < d there is some b < d such that a $\wedge$ b = 0 and a $\vee$ b = d.

A sample survey of members of the Association of Environmental and Resource Economists (AERE) found relatively low rates of obvious ethical misconduct, such as data fabrication and falsification, and higher rates of dubious behaviors, such as deliberate overstatement of positive and understatement of negative results. AERE members reported that job-related pressures-including competition with peers, pressure due to professional implication and on-the-job pressure-were the most important causes. The most effective preventive measures, according to respondents, were discussion of ethics in existing classes, (...) codes of ethics, and short courses at professional meetings. The vast majority of AERE members were against government audits and regulations. (shrink)

Present-day philosophy has witnessed an efflorescence of virtue ethics. Although the return to virtue has been portrayed as a rehabilitation of the notion of virtue from the neglect into which it fell in the early modern period, in his seminal article, “The Misfortunes of Virtue,” J. B. Schneewind argues that virtue’s misfortune in the early modern period was not its neglect, but rather its displacement as the central concept in ethics. In Disguised Vices, Michael Moriarty uncovers another misfortune that befell (...) virtue in the early modern period: the suspicion of the concept of virtue, that is, of its applicability to agents, in the work of early modern French philosophers, theologians, and moralists. Moriarty .. (shrink)