This book analyzes the general structure of constitutional rights reasoning under the Geman Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: it confines the relevance of ‘religion’ to limited (...) social contexts; it creates a priority for equality-perspectives over liberty-perspectives on social conflict; it generates new social assumptions about what individuals have to believe and say if they are to be trusted to uphold the law; it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

Modern theorists often use Immanuel Kant's work to defend the normative primacy of human rights and the necessity of institutionally autonomous forms of global governance. However, properly understood, his law of nations describes a loose and noncoercive confederation of republican states. In this way, Kant steers a course between earlier natural lawyers such as Grotius, who defended just-war theory, and visions of a global unitary or federal state. This substantively mundane claim should not obscure a more profound contribution to the (...) science of international law. Kant demonstrates that his concept of law forms part of a logical framework by which to ascertain the necessary institutional characteristics of the international legal order. Specifically, his view is that the international legal order can only take a noncoercive confederated form as its subjects become republican states and that in these circumstances law can exist without a global state. Put another way, Kant argues that if we get state-building right, the law of nations follows. CN - 58005245. (shrink)

This article argues that Wolterstorff’s concept of rights is ambiguous between the interest and will theories. It provides possible reconstructions and points towards a more suitable third concept theologically grounded in an account of humans as constituted relationally, juridically and eternally.

ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin’s poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s. William McNeill and Julia Davis’s recent translation of the “Ister”— volume —is the first of the Hölderlin lectures to appear in English.

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin's poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s (see GA 4). William McNeill and Julia Davis's recent translation of the “Ister”—volume (GA 53)—is the first of the Hölderlin lectures to appear in English.

The Quality of Thought develops and defends the thesis that thinking is a kind of experience, characterized by a sui generis (“cognitive”) phenomenology, determinates of which are thought contents—what I call the phenomenal intentionality of thought thesis. It draws out the implications of this thesis for issues in philosophy of mind, philosophy of language and metaphysics. The view defended is radically internalist and intensionalist, and thus goes against received doctrines in philosophy of mind (externalism) and language (extensionalism). It also advocates (...) for a metaphysically neutral, non-naturalistic approach to the philosophical study of mind—what I call “Analytic Phenomenology”—in combination with agnosticism about the nature of the relationship between consciousness and physical reality. -/- The book identifies persistent problems with Dretske-inspired causal-informational-teleological theories of conceptual content, and diagnoses them as due to leaving out what it’s like to think a thought—to entertain or grasp a propositional (conceptual) content. It is thus a contribution to the increasingly influential Phenomenal Intentionality Research Program. It includes refutations of classic externalism (Putnam and Burge) and arguments that standard motivations for direct reference theories of names (Kripke), indexicals and demonstratives (Kaplan) are not inevitable, and alternative accounts of their (and their conceptual equivalents’) semantics. It also addresses outstanding challenges to the phenomenal intentionalist view of thought content, including the existence of unconscious thought, the elusiveness of conceptual phenomenology, the matching content problem, phenomenal compositionality, and the determination of conceptual reference. (shrink)

Tim Crane maintains that beliefs cannot be conscious because they persist in the absence of consciousness. Conscious judgments can share their contents with beliefs, and their occurrence can be evidence for what one believes; but they cannot be beliefs, because they don’t persist. I challenge Crane’s premise that belief attributions to the temporarily unconscious are literally true. To say of an unconscious agent that she believes that p is like saying that she sings well. To say she sings well is (...) to say that when she sings, her singing is good. To say that she believes that p is to say that when she consciously considers the content that p she consciously affirms it. I also argue that the phenomenal view of intentional content Crane appears to endorse prima facie commits him to the view, at least controversial, perhaps incoherent, that there is unconscious phenomenology. Keywords : Belief; Consciousness; Unconscious; Intentional Content; Judgment. Credenze coscienti Riassunto: Tim Crane sostiene che le credenze non possano essere coscienti, dal momento che perdurano anche in assenza di coscienza. I giudizi formulati consapevolmente possono condividere i loro contenuti con le credenze e il loro verificarsi può essere una forma di evidenza a supporto di quanto uno crede. E tuttavia essi non possono essere credenze, dal momento che non perdurano. Nel commento metto in discussione la premessa di Crane secondo cui porre l’attribuzione di credenze su un piano temporaneamente inconscio sia vero in senso letterale. Dire di un agente non cosciente che esso creda che p è come dire che canti bene. Dire che canti bene è dire che quando canta, il suo canto è buono. Dire che crede che p è dire che quando considera consapevolmente il contenuto p costui lo afferma consapevolmente. Inoltre intendo affermare che la visione fenomenica del contenuto intenzionale che Crane sembra abbracciare lo impegni prima facie nei confronti della prospettiva, quantomeno controversa e probabilmente incoerente, secondo cui esisterebbe una dimensione fenomenica inconscia. Parole chiave: Credenza; Coscienza; Inconscio; Contenuto intenzionale; Giudizio. (shrink)

Some analytic philosophers have recently been defending the thesis that there’s “something it’s like” to consciously think a particular thought, which is qualitatively different from what it’s like to be in any other kind of conscious mental state and from what it’s like to think any other thought, and which constitutes the thought’s intentional content. (I call this the “intentional phenomenology thesis”). One objection to this thesis concerns the introspective availability of such content: If it is true that intentional phenomenology (...) is constitutive of intentional content, and that conscious phenomenology is always introspectively available, then it ought to be true that the content of any concept consciously entertained is always introspectively available. But it is not. For example, one can know introspectively that one is thinking that one knows that p without knowing introspectively what the content of the concept of knowledge is. Hence, it cannot be that intentional content is constituted by cognitive phenomenology. -/- I explore three responses to this objection. First, it is not clear that all of the contents of consciousness must be equally available to introspection. The capacities for conscious experience and introspective attention to it are distinct. It is not implausible that the resolving power of the latter might be insufficient to discern all of the fine-grained details of the former, or that its scope might be limited. Second, it is possible that in cases of incomplete accessibility one is entertaining only part of the concept the relevant term expresses in one’s language. In the knowledge case, for example, perhaps one is thinking only that one has justified true belief that p (one’s self-attribution of a thought about knowledge is in fact false). Finally, in such cases one might be consciously entertaining only part of the relevant concept, the rest remaining unconscious, and so unavailable to conscious introspection. I conclude that the objection is not decisive against the intentional phenomenology thesis. (shrink)

A number of philosophers endorse, without argument, the view that there’s something it’s like consciously to think that p, which is distinct from what it’s like consciously to think that q. This thesis, if true, would have important consequences for philosophy of mind and cognitive science. In this paper I offer an argument for it, and attempt to induce examples of it in the reader. The argument claims it would be impossible introspectively to distinguish conscious thoughts with respect to their (...) content if there weren’t something it’s like to think them. This argument is defended against several objections. Then I use what I call “minimal pair” experiences—sentences read without and with understanding—to induce in the reader an experience of the kind I claim exists. Further objections are considered and rebutted. (shrink)

This volume brings together many prominent philosophical voices today focusing on issues of U. S. Latinx and Latin American identities and feminist theory. As such, the essays collected here highlight the varied and multidimensional aspects of gender, racial, cultural, and sexual questions impacting U.S. Latinx and Latin American communities today. The collection also highlights a number of important threads of analysis from fields as diverse as disability studies,aesthetics, literary theory, and pop culture studies.

James L. Anderson analyzed the novelty of Einstein's theory of gravity as its lack of "absolute objects." Michael Friedman's related work has been criticized by Roger Jones and Robert Geroch for implausibly admitting as absolute the timelike 4-velocity field of dust in cosmological models in Einstein's theory. Using the Rosen-Sorkin Lagrange multiplier trick, I complete Anna Maidens's argument that the problem is not solved by prohibiting variation of absolute objects in an action principle. Recalling Anderson's proscription of "irrelevant" variables, I (...) generalize that proscription to locally irrelevant variables that do no work in some places in some models. This move vindicates Friedman's intuitions and removes the Jones-Geroch counterexample: some regions of some models of gravity with dust are dust-free and so naturally lack a timelike 4-velocity, so diffeomorphic equivalence to is spoiled. Torretti's example involving constant curvature spaces is shown to have an absolute object on Anderson's analysis, viz., the conformal spatial metric density. The previously neglected threat of an absolute object from an orthonormal tetrad used for coupling spinors to gravity appears resolvable by eliminating irrelevant fields. However, given Anderson's definition, GTR itself has an absolute object : a change of variables to a conformal metric density and a scalar density shows that the latter is absolute. (shrink)

Criminal behaviour is but one behavioural tendency for which a genetic influence has been suggested. Whilst this research certainly raises difficult ethical questions and is subject to scientific criticism, one recent research project suggests that for some families, criminal tendency might be predicted by genetics. In this paper, supposing this research is valid, we consider whether intervening in the criminal tendency of future children is ethically justifiable. We argue that, if avoidance of harm is a paramount consideration, such an intervention (...) is acceptable when genetic selection is employed instead of genetic enhancement. Moreover, other moral problems in avoiding having children with a tendency to criminal behaviour, such as the prospect of social discrimination, can also be overcome. (shrink)

Reductive representationalism is the view that the qualitative properties associated with conscious experience are properties of the objects of the experience, and not of the experience itself. A prima facie problem for this view arises from dreams and hallucinations, in which qualitative properties are experienced but not instantiated in external objects of perception. I argue that representationalist attempts to solve it by appeal to actually uninstantiated properties are guilty of an absurdity akin to that which Ryle accused Descartes of in (...) the latter’s doctrine of immaterial substance. (shrink)

Failure of substitutivity of coreferential terms, one of the hallmarks of referential opacity, is standardly explained in terms of the presence of an expression (such as a verb of propositional attitude, a modal adverb or quotation marks) with opacity-inducing properties. It is thus assumed that any term in a complex expression for which substitutivity fails will be within the scope of an expression of one of these types, and that where there is an expression of one of these types there (...) will be failure of substitutivity for terms within its scope. I shall discuss a series of examples that have been thought to challenge this explanation by exhibiting failure of substitutivity of coreferential terms for positions not within the scope of any of the standard opacity-inducing expressions. If these examples are genuine, then the usual explanations of opacity are either incomplete – because there are sources of opacity other than those standardly identified, or completely mistaken – because the standardly identified expressions are not causes of opacity. I will argue, however, that the examples only exhibit failure of substitutivity of non-coreferential terms, and, hence, do not present a challenge to standard explanations of opacity. (shrink)

Taking its direction from references to Black and Indigenous struggles present in Leonard Harris’ oeuvre, this chapter turns to politicized acts of resistance among Black and Indigenous communities. More specifically, the essay traces the functions of cultural pluralism, value relativism, and representative heuristics within solidarity work that enact logics of resistance to settler colonization and anti-Black racism, among other forms of oppression. Through this analysis, we see that Harris’ views about insurrection and normativity entail that both oppression and resistance are (...) the result of multiplicitous forms of agency. (shrink)

The arguments of Fodor, Garret, Walker and Parkes [(1980) Against definitions, Cognition, 8, 263-367] are the source of widespread skepticism in cognitive science about lexical semantic structure. Whereas the thesis that lexical items, and the concepts they express, have decompositional structure (i.e. have significant constituents) was at one time "one of those ideas that hardly anybody [in the cognitive sciences] ever considers giving up" (p. 264), most researchers now believe that "[a]ll the evidence suggests that the classical [(decompositional)] view is (...) wrong as a general theory of concepts" [Smith, Medin & Rips (1984) A psychological approach to concepts: comments on Rey, Cognition, 17, 272], and cite Fodor et al. (1980) as "sounding the death knell for decompositional theories" [MacNamara & Miller (1989) Attributes of theories of meaning, Psychological Bulletin, 106, 360]. I argue that the prevailing skepticism is unmotivated by the arguments in Fodor et al. Fodor et al. misrepresent the form, function and scope of the decompositional hypothesis, and the procedures they employ to test for the psychological reality of definitions are flawed. I argue, further, that decompositional explanations of the phenomena they consider are preferable to their primitivist alternatives, and, hence, that there is prima facie reason to accept them as evidence for the existence of decompositional structure. Cognitive scientists would, therefore, do well to revert to their former commitment to the decompositional hypothesis. (shrink)

Call a thought whose expression involves the utterance of an indexical an indexical thought. Thus, my thoughts that I’m annoyed, that now is not the right time, that this is not acceptable, are all indexical thoughts. Such thoughts present a prima facie problem for the thesis that thought contents are phenomenally individuated -- i.e., that each distinct thought type has a proprietarily cognitive phenomenology such that its having that phenomenology makes it the thought that it is -- given the assumption (...) that phenomenology is intrinsically determined. My concern in this paper is to blunt standard intuitions concerning the external individuation of indexical thought contents, and to defend a conception of indexical thought content that is entirely phenomenal and internalist. (shrink)

Externalism is the view that the intentional content of a mental state supervenes on its relations to objects in the extramental world. Nativism is the view that some of the innate states of the mind/brain have intentional content. I consider both “causal” and “nomic” versions of externalism, and argue that both are incompatible with nativism. I consider likely candidates for a compatibilist position – a nativism of “narrow” representational states, and a nativism of the contentless formal “vehicles” of representational states. (...) I argue that “narrow nativism” is either too implausible to appeal to the nativist – because it entails that innate representational states are lost as the mind becomes more experienced, or too costly to appeal to the externalist – because a reasonable version of it requires the analytic-synthetic distinction. Finally, I argue that “syntactic nativism” is indistinguishable from classical anti-nativist empiricism, given the latter’s broad tolerance for innate implementation of psychological principles and mechanisms. (shrink)

This book, the first comprehensive study in English of Heidegger's philosophy of art, starts in the mid-1930s with Heidegger's discussion of the Greek temple and his Hegelian declaration that a great artwork gathers together an entire culture in affirmative celebration of its foundational 'truth', and that, by this criterion, art in modernity is 'dead'. His subsequent work on Hölderlin, whom he later identified as the decisive influence on his mature philosophy, led him into a passionate engagement with the art of (...) Rilke, Ce;zanne, Klee and Zen Buddhism, liberating him not only from the overly restrictive conception of art of the mid-1930s but also from the disastrous politics of the period. Drawing on material hitherto unknown in the anglophone world, Young establishes a new account of Heidegger's philosophy of art and shows that his famous essay 'The Origin of the Work of Art' is its beginning, not its end. (shrink)

In a revolutionary new book, a theoretical physicist attacks the foundations of modern scientific theory, including the notion of time, as he shares evidence of ...

James L. Anderson analyzed the novelty of Einstein's theory of gravity as its lack of "absolute objects." Michael Friedman's related work has been criticized by Roger Jones and Robert Geroch for implausibly admitting as absolute the timelike 4-velocity field of dust in cosmological models in Einstein's theory. Using the Rosen-Sorkin Lagrange multiplier trick, I complete Anna Maidens's argument that the problem is not solved by prohibiting variation of absolute objects in an action principle. Recalling Anderson's proscription of "irrelevant" variables, I (...) generalize that proscription to locally irrelevant variables that do no work in some places in some models. This move vindicates Friedman's intuitions and removes the Jones-Geroch counterexample: some regions of some models of gravity with dust are dust-free and so naturally lack a timelike 4-velocity, so diffeomorphic equivalence to is spoiled. Torretti's example involving constant curvature spaces is shown to have an absolute object on Anderson's analysis, viz., the conformal spatial metric density. The previously neglected threat of an absolute object from an orthonormal tetrad used for coupling spinors to gravity appears resolvable by eliminating irrelevant fields. However, given Anderson's definition, GTR itself has an absolute object : a change of variables to a conformal metric density and a scalar density shows that the latter is absolute. (shrink)

It is a commonplace in the philosophy of physics that any local physical theory can be represented using arbitrary coordinates, simply by using tensor calculus. On the other hand, the physics literature often claims that spinors \emph{as such} cannot be represented in coordinates in a curved space-time. These commonplaces are inconsistent. What general covariance means for theories with fermions, such as electrons, is thus unclear. In fact both commonplaces are wrong. Though it is not widely known, Ogievetsky and Polubarinov constructed (...) spinors in coordinates in 1965, enhancing the unity of physics and helping to spawn particle physicists' concept of nonlinear group representations. Roughly and locally, these spinors resemble the orthonormal basis or "tetrad" formalism in the symmetric gauge, but they are conceptually self-sufficient and more economical. The typical tetrad formalism is de-Ockhamized, with six extra field components and six compensating gauge symmetries to cancel them out. The Ogievetsky-Polubarinov formalism, by contrast, is Ockhamized, with most of the fluff removed. As developed nonperturbatively by Bilyalov, it admits any coordinates at a point, but "time" must be listed first. Here "time" is defined in terms of an eigenvalue problem involving the metric components and the matrix $diag$, the product of which must have no negative eigenvalues in order to yield a real symmetric square root that is a function of the metric. Thus even formal general covariance requires reconsideration; the atlas of admissible coordinate charts should be sensitive to the types and \emph{values} of the fields involved. Apart from coordinate order and the usual spinorial two-valuedness, Ogievetsky-Polubarinov spinors form, with the metric, a nonlinear geometric object, for which important results on Lie and covariant differentiation are recalled. Such spinors avoid a spurious absolute object in the Anderson-Friedman analysis of substantive general covariance. They also permit the gauge-invariant localization of the infinite-component gravitational energy in General Relativity. Density-weighted spinors exploit the conformal invariance of the massless Dirac equation to show that the volume element is absent. Thus instead of an arbitrary nonsingular matrix with 16 components, 6 of which are gauged away by a new local $O$ gauge group and one of which is irrelevant due to conformal covariance, one can, and presumably should, use density-weighted Ogievetsky-Polubarinov spinors coupled to the 9-component symmetric square root of the part of the metric that fixes null cones. Thus $\frac{7}{16}$ of the orthonormal basis is eliminated as surplus structure. Greater unity between spinors and tensors and the like is achieved, such as regarding conservation laws. Regarding the conventionality of simultaneity, an unusually wide range of $\epsilon$ values is admissible, but some extreme values are inadmissible. Standard simultaneity uniquely makes the spinor transformation law linear and independent of the metric, because transformations among the standard Cartesian coordinate systems fall within the conformal group, for which the spinor transformation law is linear. The surprising mildness of the restrictions on coordinate order as applied to the Schwarzschild solution is exhibited. (shrink)

It is a commonplace in the philosophy of physics that any local physical theory can be represented using arbitrary coordinates, simply by using tensor calculus. On the other hand, the physics literature often claims that spinors \emph{as such} cannot be represented in coordinates in a curved space-time. These commonplaces are inconsistent. What general covariance means for theories with fermions, such as electrons, is thus unclear. In fact both commonplaces are wrong. Though it is not widely known, Ogievetsky and Polubarinov constructed (...) spinors in coordinates in 1965, enhancing the unity of physics and helping to spawn particle physicists' concept of nonlinear group representations. Roughly and locally, these spinors resemble the orthonormal basis or "tetrad" formalism in the symmetric gauge, but they are conceptually self-sufficient and more economical. The typical tetrad formalism is de-Ockhamized, with six extra field components and six compensating gauge symmetries to cancel them out. The Ogievetsky-Polubarinov formalism, by contrast, is Ockhamized, with most of the fluff removed. As developed nonperturbatively by Bilyalov, it admits any coordinates at a point, but "time" must be listed first. Here "time" is defined in terms of an eigenvalue problem involving the metric components and the matrix $diag$, the product of which must have no negative eigenvalues in order to yield a real symmetric square root that is a function of the metric. Thus even formal general covariance requires reconsideration; the atlas of admissible coordinate charts should be sensitive to the types and \emph{values} of the fields involved. Apart from coordinate order and the usual spinorial two-valuedness, Ogievetsky-Polubarinov spinors form, with the metric, a nonlinear geometric object, for which important results on Lie and covariant differentiation are recalled. Such spinors avoid a spurious absolute object in the Anderson-Friedman analysis of substantive general covariance. They also permit the gauge-invariant localization of the infinite-component gravitational energy in General Relativity. Density-weighted spinors exploit the conformal invariance of the massless Dirac equation to show that the volume element is absent. Thus instead of an arbitrary nonsingular matrix with 16 components, 6 of which are gauged away by a new local $O$ gauge group and one of which is irrelevant due to conformal covariance, one can, and presumably should, use density-weighted Ogievetsky-Polubarinov spinors coupled to the 9-component symmetric square root of the part of the metric that fixes null cones. Thus $\frac{7}{16}$ of the orthonormal basis is eliminated as surplus structure. Greater unity between spinors and tensors and the like is achieved, such as regarding conservation laws. Regarding the conventionality of simultaneity, an unusually wide range of $\epsilon$ values is admissible, but some extreme values are inadmissible. Standard simultaneity uniquely makes the spinor transformation law linear and independent of the metric, because transformations among the standard Cartesian coordinate systems fall within the conformal group, for which the spinor transformation law is linear. The surprising mildness of the restrictions on coordinate order as applied to the Schwarzschild solution is exhibited. (shrink)