In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries (...) makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well. (shrink)

Introduction: divine violence and political fetishism -- The political theology of sovereignty -- In the maw of sovereignty -- Benjamin's dissipated eschatology -- Waiting for justice -- Forgiveness, judgment and sovereign decision -- The Hebrew republic -- Conclusion : the anarchist hypothesis.

A fresh explication of the Thomist justification of self-defense casts off the hobbles of the principle of double effects to find a more secure footing in the historicaldevelopment of subjective natural rights by medieval jurists, and a straight-forward application to the latent threat of death in childbirth posed by non-consensual pregnancy. By articulating the implicit Thomistic right to defensive abortion in terms of conditional rights bestowed in Creation as correlative to particular natural law duties, justly proportionate limits to defensive abortion (...) are identified, and balanced against the forfeited or reserved natural rights variously imputed to conceptus and embryo in non-consensual pregnancies. Subsequently, the varieties of involuntary consent are examined from a Thomist perspective with a view to their relevance in justifying recourse to a rehabilitated practice of defensive abortion when free and full consent to impregnation and childbirth is absent. (shrink)

The reference of the postmodern task of thinking is Auschwitz, the abyss and discontinuity separating us from the world of our ancestors. As inhabitants of Planet Auschwitz our point of reference lacks all transcendental warrants; it is not a non-referable reference which constitutes the abyss we must enter, endure, and in which our intellectual and cultural tradition must be transformed. The private/public transformations which constitute the texts of this book attempt to depart from the dystopic individuality and public life resulting (...) from business-as-usual after Auschwitz. The three parts of the book are progressive reworkings of traditional metaphysics as adapted and modified by a modernism that refuses to grapple with its complicity. It is precisely that complicity which postmodern thinking takes up in its attempt to signify otherwise than the easy modernist translations and images of tradition. Thus it is a series of uneasy images imaging otherwise but never apart from modernity that take us away from complicity toward a transformed tradition. The uneasy images of this book are photogrammic combinations of photographs and texts, mutual supplements, pulling tradition through the Event against the persistent and murderous forces of contemporary idolatry and repression. (shrink)

Politics and religion certainly ride together throughout the Dune saga. Rationales were given to support twentieth century dictator ships, whose citizens were encouraged to see their leaders as infallible. In this way, politics in a totalitarian state resembled a religion, with a community of faithful followers and its own special theology to justify the dictator's authority. This chapter, draws parallels between the religious dimensions of politics in Frank Herbert's Dune novels and some philosophers’ views on tyranny and justice here on (...) Earth. Even in democratic countries, leaders still tend to think of themselves as in service to some higher, impersonal standard, like a set of principles, a tradition, a flag, or a constitution. Plato's readers have sometimes described the relation between the higher plane of reality of universals and the world of everyday experience in terms of the relation between heaven and earth in the Abrahamic religions. (shrink)

Ugo Spirito (1896–1979) was a philosopher who changed his mind, repeatedly and sometimes radically, about many of his major commitments. At different times he called himself a fascist and a communi...

Mystics have always claimed that a very significant kind of self-perception is possible, at the end of certain spiritual disciplines. The self that is then supposed to be known is a unity, identical from one experience to the next, and not to be identified with any particular experiences, such as impressions or ideas, which the self has. In short, mystical testimony supports something like a theory of the essential self as simple and unchanging.

Every year in this country, some 10,000 college and university courses are taught in applied ethics. And many professional organizations now have their own codes of ethics. Yet social science has had little impact upon applied ethics. This book promises to change that trend by illustrating how social science can make a contribution to applied ethics. The text reports psychological studies relevant to applied ethics for many professionals, including accountants, college students and teachers, counselors, dentists, doctors, journalists, nurses, school teachers, (...) athletes, and veterinarians. Each chapter begins with the research base of the cognitive-developmental approach--especially linked to Kohlberg and Rest's Defining Issues Test. Finally, the book summarizes recent research on the following issues: * moral judgment scores within and between professions, * pre- and post-test evaluations of ethics education programs, * moral judgment and moral behavior, * models of professional ethicseducation, and * models for developing new assessment tools. Researchers in different professional fields investigate different questions, develop different research strategies, and report different findings. Typically researchers of one professional field are not aware of research in other fields. An important aim of the present book is to bring this diverse research together so that cross-fertilization can occur and ideas from one field can transfer to another. (shrink)

Th e present article reports a series of experiments designed to extend the empirical investigation of folk metaethical intuitions by examining how different kinds of ethical disagreement can impact attributions of objectivity to ethical claims.

In this, the first of two ground-breaking volumes on the nature of language in the light of the way it evolved, James Hurford looks at how the world first came ...

This paper compares the ethical decisions and attitudes of business students and practitioners. Recent unpublished data from a national study of over 1600 students are contrasted with information reported previously. Students are found consistently to make less ethical choices than practitioners, and there is some indication that students are making less ethical choices in the 1980s than in the 1960s. In addition, both students and practitioners agree that buyers should beware, view the role of business more narrowly, and find fewer (...) incentives to behave ethically over time. Codes of ethics appear to be less influential than the individual''s strong personal value system and one''s superiors behaving ethically; support for codes is declining. The paper concludes with observations about the limitations and possibilities for survey research in this area drawing on other studies that used the same instrument utilized for this paper. Some implications for future research are suggested. (shrink)

Drawing upon work in evolutionary game theory and experimental philosophy, I argue that one of the roles the concept of knowledge plays in our social cognitive ecology is that of enabling us to make adaptively important distinctions between different kinds of blameworthy and blameless behaviors. In particular, I argue that knowledge enables us to distinguish which agents are most worthy of blame for inflicting harms, violating social norms, or cheating in situations of social exchange.

Since the late nineteenth century, studies of mysticism have presented us with two contrasting conclusions. The first is that mystics all over the world report basically the same experience, and the second is that there are great differences among the reports, and possibly among the experiences. On the positive side there are such works as Huxley's The Perennial Philosophy , with its claim that all mystics say that all beings are manifestations of a Divine Ground, that men learn of this (...) by direct intuition, that men have two natures, one phenomenal and one eternal, and that identification with his eternal nature is the purpose of man. Walter Stace supports this view, in a modified way, with his observation that, while each mystic seems to advance a peculiar explanation of his experience, their statements collectively exhibit strong similarities. Mystics commonly report a consciousness of unity, carrying with it feelings of objectivity, blessedness, and holiness. They describe their experience in paradoxical language, and say that ultimately it is ineffable. These twentieth-century observations are repetitions of those of William James, so that this basic point has become a cliché, and, as R. C. Zaehner says, ‘We have been told ad nauseum that mysticism is the highest expression of religion and that it appears in all ages and in all places in a more or less identical form, often in a religious milieu that would seem to be the reverse of propitious.’. (shrink)

Recent empirical work on folk moral objectivism has attempted to examine the extent to which folk morality presumes that moral judgments are objectively true or false. Some researchers report findings that they take to indicate folk commitment to objectivism (Goodwin & Darley, 2008, 2010, 2012; Nichols & Folds-Bennett, 2003; Wainryb et al., 2004), while others report findings that may reveal a more variable commitment to objectivism (Beebe, 2014; Beebe et al., 2015; Beebe & Sackris, 2016; Sarkissian, et al., 2011; Wright, (...) 2018; Wright, Grandjean, & McWhite, 2013; Wright, McWhite, & Grandjean, 2014). However, the various probes that have been used to examine folk moral objectivism almost always fail to be good direct measures of objectivism. Some critics (Beebe, 2015; Pölzler, 2017, 2018) have suggested that the problems with existing probes are serious enough that they should be viewed as largely incapable of shedding any light on folk metaethical commitments. Building upon the work of Justin Khoo and Joshua Knobe (2018), I argue that many of the existing probes can be seen as good measures of the extent to which people think that the truth of one moral judgment excludes the possibility that a judgment made by a disagreeing party is also true and that the best explanation of the findings obtained using these measures is significant folk support for indexical moral relativism—the view that the content of moral judgments is context-sensitive. If my thesis is correct, many contemporary moral philosophers are deeply mistaken about the metaethical contours of folk morality in one very important respect. (shrink)

The concept of hegemonic masculinity has influenced gender studies across many academic fields but has also attracted serious criticism. The authors trace the origin of the concept in a convergence of ideas in the early 1980s and map the ways it was applied when research on men and masculinities expanded. Evaluating the principal criticisms, the authors defend the underlying concept of masculinity, which in most research use is neither reified nor essentialist. However, the criticism of trait models of gender and (...) rigid typologies is sound. The treatment of the subject in research on hegemonic masculinity can be improved with the aid of recent psychological models, although limits to discursive flexibility must be recognized. The concept of hegemonic masculinity does not equate to a model of social reproduction; we need to recognize social struggles in which subordinated masculinities influence dominant forms. Finally, the authors review what has been confirmed from early formulations and what needs to be discarded. The authors suggest reformulation of the concept in four areas: a more complex model of gender hierarchy, emphasizing the agency of women; explicit recognition of the geography of masculinities, emphasizing the interplay among local, regional, and global levels; a more specific treatment of embodiment in contexts of privilege and power; and a stronger emphasis on the dynamics of hegemonic masculinity, recognizing internal contradictions and the possibilities of movement toward gender democracy. (shrink)

In this paper I critically examine the Generality Problem and argue that it does not succeed as an objection to reliabilism. Although those who urge the Generality Problem are correct in claiming that any process token can be given indefinitely many descriptions that pick out indefinitely many process types, they are mistaken in thinking that reliabilists have no principled way to distinguish between relevant and irrelevant process types.

Experimental epistemology uses experimental methods of the cognitive sciences to shed light on debates within epistemology,the philosophical study of knowledge and rationally justified belief. In this first critical collection on this exciting new subfield, leading researchers tackle key questions pertaining to knowledge, evidence, and rationally justified belief.

Consider the following facts about the average, philosophically untrained moral relativist: (1.1) The average moral relativist denies the existence of “absolute moral truths.” (1.2) The average moral relativist often expresses her commitment to moral relativism with slogans like ‘What’s true (or right) for you may not be what’s true (or right) for me’ or ‘What’s true (or right) for your culture may not be what’s true (or right) for my culture.’ (1.3) The average moral relativist endorses relativistic views of morality (...) without endorsing relativistic views about science or mathematics. (1.4) The average moral relativist takes moral relativism to be non-relatively true and does not think there is anything contradictory about doing so. (1.5) The average moral relativist adopts an egalitarian attitude toward a wide range of moral values, practices and beliefs, claiming they are all equally legitimate or correct. (1.6) The average moral relativist often admonishes others to be more tolerant of those who engage in alternative ethical practices and to refrain from making negative moral judgments about them. (1.7) The average moral relativist sometimes makes negative moral judgments about the behavior of others—e.g., by harshly judging moral absolutists to be intolerant—but is less inclined to do so when the relativist’s metaethical views are salient in a context of judgment. (1.8) The average moral relativist takes anthropological evidence concerning the worldwide diversity of ethical views and practices to support moral relativism. (shrink)

We report the results of an exploratory study that examines the judgments of climate scientists, climate policy experts, astrophysicists, and non-experts (N = 3367) about the factors that contribute to the creation and persistence of disagreement within climate science and astrophysics and about how one should respond to expert disagreement. We found that, as compared to non-experts, climate experts believe that within climate science (i) there is less disagreement about climate change, (ii) methodological factors play less of a role in (...) generating disagreements, (iii) fewer personal or institutional biases influence climate research, and (iv) there is more agreement about which methods should be used to examine relevant phenomena we also observed that the uniquely American political context predicted experts’ judgments about some of these factors. We also found that, in regard to disagreements concerning cosmic ray physics, and commensurate with the greater inherent uncertainty and data lacunae in their field, astrophysicists working on cosmic rays were generally more willing to acknowledge expert disagreement, more open to the idea that a set of data can have multiple valid interpretations, and generally less quick to dismiss someone articulating a non-standard view as non-expert, than climate scientists were in regard to climate science. (shrink)

Having asked, “What, then, is time?” Augustine admitted, “I know well enough what it is, provided that nobody asks me; but if I am asked what it is and try to explain, I am baffled.” We all have a sense of time, but the description and explanation of it remain remarkably elusive. Through a series of detailed descriptions, Husserl attempted to clarify this sense of time. In my book, I trace the development of his account of our temporal self-awareness, starting (...) with his early 1905-1909 lectures on time consciousness and proceeding through the 1917-18 Bernau Manuscripts, the Analyses of Passive Syntheses of the 1920’s and ending with the C, B and E manuscripts on time and instincts of the 1930s. Although my book covers all the stages of Husserl’s account of temporality, it is nonetheless systematic in its approach. It is organized about a number of basic topics in the theory of time and presents and critically appraises Husserl’s positions on the issues pertaining to each. • THE ONTOLOGICAL STATUS OF TIME: Is time objective or subjective? Is it “out there,” a part of external reality or does it have a merely subjective existence, residing only in our memories and anticipations? Does Husserl’s “subjective” account presuppose ob-jective time? • THE “PRESENCE” OF THE PAST AS PAST: Memory, if it is to be distinguished from a direct, sensuous perception, must grasp the past as past. It must somehow “see” what no longer exists as no longer existing. The issue is: how do we do this? The same question arises with regard to our grasp through anticipation of the future as future. • THE TEMPORALITY OF OBJECTS: For Husserl, the apprehension of any sort of extended event, such as a melody, involves the synthesis of the “retentions” (the short term memories) of its notes and the anticipations these retentions awake in us. The question, here, is: what exactly is involved in this synthesis of retentions and anticipa-tions? How can these elements come together to present a single, individual object rather than presenting us with merely a collection of disparate presentations? In other words: How does temporal synthesis accomplish this presentation? • THE TEMPORALITY OF CONSCIOUSNESS: Husserl asserts that consciousness, in placing its object in time also places itself in time. How does it do this? What is the relation between the consciousness that places itself in time and the consciousness that is placed in time? How do we unify them? • THE ONTOLOGICAL STATUS OF TIME-CONSTITUTING PHENOMENA: Husserl claims that “time-constituting phenomena are evidently objectivities fundamentally different than those constituted in time. They are neither individual objects nor individual processes, and the predicates of such objects or processes cannot be meaningfully ascribed to them.” This assertion raises a number of questions about the ontological status of these time-constituting phenomena. If we cannot apply the predicates of individual objects to them, what is the nature of their being? Given that such phenomena com-pose the field of consciousness, what is the ontological status of consciousness? Furthermore, if our apprehension directs itself towards individual objects, how can our consciousness grasp the pre-individual, time-constituting phenomena that make it up? At issue here is the status of Husserl’s own descriptions of consciousness and the temporal process. Does his theory undermine the possibility of the evidence he presents for it? • THE RELATION OF CONSCIOUSNESS TO THE EGO: Our sense of self involves more than our consciousness, more than the memories, perceptions, and anticipations that give it its content. It involves our sense as the subjective referent of every act, as the person to whom the world appears, as the one who is affected by the world and who acts with regard to it. What is the relation of this sense of self to our time consciousness? How does the simultaneous constitution of consciousness and its object result in the presence of the I that is the subject of consciousness? (shrink)

We develop an account of laboratory models, which have been central to the group selection controversy. We compare arguments for group selection in nature with Darwin's arguments for natural selection to argue that laboratory models provide important grounds for causal claims about selection. Biologists get information about causes and cause-effect relationships in the laboratory because of the special role their own causal agency plays there. They can also get information about patterns of effects and antecedent conditions in nature. But to (...) argue that some cause is actually responsible in nature, they require an inference from knowledge of causes in the laboratory context and of effects in the natural context. This process, cause detection, forms the core of an analogical argument for group selection. We discuss the differing roles of mathematical and laboratory models in constructing selective explanations at the group level and apply our discussion to the units of selection controversy to distinguish between the related problems of cause determination and evaluation of evidence. Because laboratory models are at the intersection of the two problems, their study is crucial for framing a coherent theory of explanation for evolutionary biology. (shrink)

We report the results of a study that investigated the views of researchers working in seven scientific disciplines and in history and philosophy of science in regard to four hypothesized dimensions of scientific realism. Among other things, we found that natural scientists tended to express more strongly realist views than social scientists, that history and philosophy of science scholars tended to express more antirealist views than natural scientists, that van Fraassen’s characterization of scientific realism failed to cluster with more standard (...) characterizations, and that those who endorsed the pessimistic induction were no more or less likely to endorse antirealism. (shrink)

Knobe (2003a, 2003b, 2004b) and others have demonstrated the surprising fact that the valence of a side-effect action can affect intuitions about whether that action was performed intentionally. Here we report the results of an experiment that extends these findings by testing for an analogous effect regarding knowledge attributions. Our results suggest that subjects are less likely to find that an agent knows an action will bring about a side-effect when the effect is good than when it is bad. It (...) is further argued that these findings, while preliminary, have important implications for recent debates within epistemology about the relationship between knowledge and action. (shrink)

The results of four experiments provide evidence for controlled processing in the absence of awareness. Participants identified the colour of a neutral distracter word. Each of four words was presented in one of the four colours 75% of the time or 50% of the time . Colour identification was faster when the words appeared in the colour they were most often presented in relative to when they appeared in another colour, even for participants who were subjectively unaware of any contingencies (...) between the words and the colours. An analysis of sequence effects showed that participants who were unaware of the relation between distracter words and colours nonetheless controlled the impact of the word on performance depending on the nature of the previous trial. A block analysis of contingency-unaware participants revealed that contingencies were learned rapidly in the first block of trials. Experiment 3 showed that the contingency effect does not depend on the level of awareness, thus ruling out explicit strategy accounts. Finally, Experiment 4 showed that the contingency effect results from behavioural control and not from semantic association or stimulus familiarity. These results thus provide evidence for implicit control. (shrink)

We report the results of four empirical studies designed to investigate the extent to which an epistemic closure principle for knowledge is reflected in folk epistemology. Previous work by Turri (2015a) suggested that our shared epistemic practices may only include a source-relative closure principle—one that applies to perceptual beliefs but not to inferential beliefs. We argue that the results of our studies provide reason for thinking that individuals are making a performance error when their knowledge attributions and denials conflict with (...) the closure principle. When we used research materials that overcome what we think are difficulties with Turri’s original materials, we found that participants did not reject closure. Furthermore, when we presented Turri’s original materials to non-philosophers with expertise in deductive reasoning (viz., professional mathematicians), they endorsed closure for both perceptual and inferential beliefs. Our results suggest that an unrestricted closure principle—one that applies to all beliefs, regardless of their source—provides a better model of folk patterns of knowledge attribution than a source-relative closure principle. (shrink)

Neural correlates exist for a basic component of logical formulae, PREDICATE(x). Vision and audition research in primates and humans shows two independent neural pathways; one locates objects in body-centered space, the other attributes properties, such as colour, to objects. In vision these are the dorsal and ventral pathways. In audition, similarly separable “where” and “what” pathways exist. PREDICATE(x) is a schematic representation of the brain's integration of the two processes of delivery by the senses of the location of an arbitrary (...) referent object, mapped in parietal cortex, and analysis of the properties of the referent by perceptual subsystems. The brain computes actions using a few “deictic” variables pointing to objects. Parallels exist between such nonlinguistic variables and linguistic deictic devices. Indexicality and reference have linguistic and nonlinguistic (e.g., visual) versions, sharing the concept of attention. The individual variables of logical formulae are interpreted as corresponding to these mental variables. In computing action, the deictic variables are linked with “semantic” information about the objects, corresponding to logical predicates. Mental scene descriptions are necessary for practical tasks of primates, and preexist language phylogenetically. The type of scene descriptions used by nonhuman primates would be reused for more complex cognitive, ultimately linguistic, purposes. The provision by the brain's sensory/perceptual systems of about four variables for temporary assignment to objects, and the separate processes of perceptual categorization of the objects so identified, constitute a pre-adaptive platform on which an early system for the linguistic description of scenes developed. Key Words: argument; attention; deictic; dorsal; logic; neural; object; predicate; reference; ventral. (shrink)

We report the results of two studies that examine folk metaethical judgments about the objectivity of morality. We found that participants attributed almost as much objectivity to ethical statements as they did to statements of physical fact and significantly more objectivity to ethical statements than to statements about preferences or tastes. In both studies, younger participants attributed less objectivity to ethical statements than older participants. Females were observed to attribute slightly less objectivity to ethical statements than males, and we found (...) important interactions between attributions of objectivity and other factors, such as how strong participants’ moral opinions were and how much disagreement about the issue they perceived to exist within society. We believe our results have significant implications for debates about the nature of folk morality and about the nature of morality in general. (shrink)

An overview of the main areas of epistemological debate to which experimental philosophers have been contributing and the larger, philosophical challenges these contributions have raised.