Tobacco companies have started to position themselves as good corporate citizens. The effort towards CSR engagement in the tobacco industry is not only heavily criticized by anti-tobacco NGOs. Some opponents such as the the World Health Organization have even categorically questioned the possibility of social responsibility in the tobacco industry. The paper will demonstrate that the deep distrust towards tobacco companies is linked to the lethal character of their products and the dubious behavior of their representatives in recent decades. (...) As a result, tobacco companies are not in the CSR business in the strict sense. Key aspects of mainstream CSR theory and practice such as corporate philanthropy, stakeholder collaboration, CSR reporting and self-regulation, are demonstrated to be ineffective or even counterproductive in the tobacco industry. Building upon the terminology used in the leadership literature, the paper proposes to differentiate between transactional and transformational CSR arguing that tobacco companies can only operate on a transactional level. As a consequence, corporate responsibility in the tobacco industry is based upon a much thinner approach to CSR and has to be conceptualized with a focus on transactional integrity across the tobacco supply chain. (shrink)

In discussions surrounding epistemology and rationality, it is often useful to assume an agent is rational or ideally rational. Often, this ideal rationality assumption is spelled out along the following lines: -/- 1. The agent believes everything about a situation which the evidence entitles her to believe and nothing which it does not. -/- 2. The agent believes all the logical consequences of any of her beliefs. -/- 3. The agent knows her own mind: if she believes P, she believes (...) that she believes P; and if she doesn't believe P, she believes that she doesn't believe P. -/- 4. The agent believes nothing of the form 'P and it is not the case that P.' -/- 5. If an agent's background belief-set satisfies 1-4 and if rationality requires the agent to add P to her belief-set, then the resulting belief-set will also satisfy 1-4. -/- While individually plausible, there are cases in which holding on to 1-5 generates paradox. Some resolve such paradoxical cases by granting 1-5 but arguing while ideally rational agents can exist, they can't possibly ever find themselves in such a situation: such case descriptions are epistemically incoherent. Others allow that rational agents can coherently find themselves in such odd circumstances, and argue that it's more reasonable to weaken our concept of ideal rationality and give up premise (2) above. However, this strategy has also been rejected. My aim in this paper is to defend the utility of positing an ideally rational agent in such paradoxical circumstances. I argue in such cases we should give up (2), in particular the assumption that (necessarily) if an ideally rational agent believes both P and the conditional, if P then Q, then she believes Q.. What's important is to hold on to the goal of positing ideal rationality: to maximize the amount of true or probably true information a thinker can justifiably believe in a given circumstance. Normally that will mean holding on to (2), but these unusual paradoxical cases are best handled by giving up (2). (shrink)

There are intriguing hints in the works of Stanley Cavell and Stephen Mulhall of a possible connection between ethics and Wittgenstein’s remarks on private language, which are concerned with expressions of Empfindungen: feelings or sensations. The point of this paper is to make the case explicitly for seeing such a connection. What the point of that is I will address at the end of the paper. If Mulhall and Cavell both know their Wittgenstein and choose their words carefully, which (...) I will take as given, then the (to me) irresistible inference is that they see a connection between Wittgenstein’s thoughts on ethics and his thoughts on private language. Yet this connection has not, as far as I know, been made explicit. Can it be? Should it be? These are my questions. Even if no one ever intended a connection between the “Lecture on Ethics” and the remarks on private language, those remarks do at least touch on issues raised in the lecture, and it is worth thinking about what the author of those remarks would say about the lecture. So in this paper I summarize the “Lecture on Ethics” (in part I), look at the private language remarks themselves (in part II), and then apply some ideas from these remarks to the “Lecture on Ethics” in part III. My conclusion will be that Wittgenstein’s later remarks are largely consistent with his earlier ones, the main difference being that some of what he first called nonsense he later called secondary meaning. One result of this change is that attempts to express the feelings that Wittgenstein regards as fundamental to ethics, aesthetics, and religion are first treated as doomed to result in nonsense but later as risky. Like cries of pain, they might or might not find a sympathetic audience. (shrink)

This paper rejects a view of science called "methodological naturalism." -/- According to many defenders of mainstream science and Darwinian evolution, anti-evolution critics--creationists and intelligent design proponents--are conceptually and epistemologically confusing science and religion, a supernatural view of world. These defenders of evolution contend that doing science requires adhering to a methodology that is strictly and essentially naturalistic: science is essentially committed to "methodological naturalism" and assumes that all the phenomena it investigates are entirely natural and consistent with the laws (...) of physics. Thus encountering any unexplained phenomenon, science assumes a priori that there is some natural cause and will only test a natural hypothesis. Since by definition supernatural causes are assumed to be not subject to the constraints of physical or natural law as understood by science, supernatural hypotheses and explanations must be banned from proper science. Science simply can't say that God did, or did not do it. -/- I argue that the success of science is directly relevant to rational belief in supernatural causes, and that in fact science can and does say in particular cases that "God didn't do it." I suggest that pro-evolution proponents can better defend science and the theory of evolution by rejecting methodological naturalism. -/- . (shrink)

The study discusses the wooing of Agariste which was proclaimed at Olympia by Kleisthenes, the tyrant of Sicyon, inviting everybody who thought himself worthy to be his son-in-law. At the final banquet his favorite, Hippokleides, danced away his marriage by acting out a bizarre dance. However, his reaction was: „It does not matter to Hippocleides!“ (Hdt. 6,129,4). It will be proposed that Kleisthenes tried to dominate the competition and to establish an enduring hierarchy between himself and the suitors by (...) taking advantage of his position as Olympic champion, giver of the women, tyrant, and host. Thus, Hippokleides’ behavior could be understood as a self-confident rejection of Kleisthenes’ way of constituting individual status, a way which actually suspended the competition. (shrink)

This paper studies a decision maker who tackles a choice problem by selecting a subset of (at most) two alternatives which he will consider further in the second stage of his deliberation. We focus on the first stage where he chooses the delebration set. We axiomatize three types of procedures: (i) The top two: the decision maker has in mind an ordering and chooses the two maximal alternatives. (ii) The two extremes: the decision maker has in mind an ordering (...) and chooses the maximal and the minimal alternatives. (iii) The top and the top: the decision maker has in mind two orderings and he chooses the maximal elements. (shrink)

The relevance of Wittgenstein for ethics depends on which Wittgenstein we mean. I argue that we should distinguish not only between Wittgenstein's personal opinions and his philosophy, but also, within his philosophical work, between broadly methodological remarks and what Wittgenstein might call genuinely philosophical remarks (which are not about philosophy but try to bring clarity to the mind bewitched by language). Wittgenstein's personal opinions will be considered irrelevant by most philosophers (although I try to show that they are not (...) as crazy as some people might think), and his philosophical remarks consist only of what he calls ?boring truisms?. It is to his methodology, therefore, that we might expect philosophers to look for ethical implications. If that methodology is well conceived, though, it should be ethically neutral. I argue that it is neutral in this way, that Wittgensteinian philosophy says nothing about ethics, but that its proper use will not likely leave our philosophical beliefs about ethics unscathed. (shrink)

In a debate between tolerance and intolerance one is disinclined to side with intolerance. Nevertheless that, in a sense, is what I want to do in this paper. The particular debate I have in mind is the old one between H.L.A. Hart and Patrick Devlin about the legal enforcement of moral values. It should be noted, though, that the issue has by no means been settled in the minds of many people. The proposed repeal of the British law prohibiting the (...) promotion of homosexuality (a law known as Section 28) “could destroy Scottish society,” according to Mazhar Malik of Glasgow’s Ethnic Community Resource Centre, echoing Devlin’s concern from the 1960s. In what follows I will first sketch and defend, partially, what I take to be Devlin’s communitarian argument and then attempt to explain what is wrong with it and how this should affect our estimation of the proper relation between law and morals. I will argue that at least some private ‘immorality’ can be defended without recourse to the liberal belief in a morally private sphere. In part I I look at the kind of communitarianism that can be found in Devlin’s work, in part II I support this reading of Devlin and expand on it by looking at some important passages from his work, and in part III I consider the reasons why his argument does not support legislation against gay sex, and, in fact, could be used to defend gay rights. (shrink)

The idea that there is such a thing as Wittgensteinian foundationalism is a provocative one for two reasons. For one thing, Wittgenstein is widely regarded as an anti-foundationalist. For another, the very word `foundationalism' sounds like the name of a theory, and Wittgenstein famously opposed the advancing of theories and theses in philosophy. Nonetheless, in his book Moore and Wittgenstein on Certainty, Avrum Stroll has argued that Wittgenstein does indeed develop a foundationalist view in his final work, On Certainty. On (...) this basis, Stroll goes on to argue against a number of contemporary views, including forms of relativism and scientism. In what follows I will examine what Stroll calls Wittgenstein's foundationalism (in Section 1) and argue that Stroll's reading of Wittgenstein, though original and interesting, is misguided in important ways and so cannot be used against the views he opposes (in Section 2). Finally, in Section 3, I offer a brief summary of the reading of Wittgenstein that I recommend. (shrink)

Experimental tests of various trace formulas, which in general relate the density of states for a given quantum mechanical system to the properties of the periodic orbits of its classical counterpart, for spectra of superconducting microwave billiards of varying chaoticity are reviewed by way of examples. For a two-dimensional Bunimovich stadium billiard the application of Gutzwiller's trace formula is shown to yield correctly locations and strengths of the peaks in the Fourier transformed quantum spectrum in terms of the shortest unstable (...) classical periodic orbits. Furthermore, in two-dimensional billiards of the Limaçon family the transition from regular to chaotic dynamics is studied in terms of a recently derived general trace formula by Ullmo, Grinberg and Tomsovic. Finally, some salient features of wave dynamical chaos in a fully chaotic three-dimensional Sinai microwave billiard are discussed. Here the reconstruction of the spectrum is not as straightforward as in the two-dimensional cases and a modified trace formula as suggested by Balian and Duplantier will have eventually to be applied. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Benjamin ReduxGerhard RichterProfane Illumination: Walter Benjamin and the Paris of Surrealist Revolution, by Margaret Cohen; 271 pp. Berkeley: University of California Press, 1993, $35.00 cloth, $14.00 paper.Walter Benjamin and the Antinomies of Tradition, by John McCole; xiii & 329 pp. Ithaca: Cornell University Press, 1993, $45.00 cloth, $18.95 paper.Walter Benjamin’s Passages, by Pierre Missac, trans. Shierry Weber Nicholson; xvii & 221 pp. Cambridge: MIT Press, 1995, $25.00.Walter Benjamin’s Philosophy: (...) Destruction and Experience, edited by Andrew Benjamin and Peter Osborne; xiv & 298 pp. London: Routledge, 1994, $65.00 cloth, $18.95 paper.The word of ambition at the present day is Culture. Whilst all the world is in pursuit of power, and of wealth as a means of power, culture corrects the theory of success,” writes Emerson in his 1860 essay “Culture.” 1 Perhaps at no point since the publication of Emerson’s essay has the diagnosis it advances been more relevant than today, some 136 years later, when “Culture,” at least in the methodological and political struggles within the academy, has again become the word of ambition. As in Emerson’s nineteenth-century America, those who today pursue that word most ardently also tend—in their struggle to explicate history and culture—to shy away from the persistent instability of meaning with which the texts that they take as their objects of study are vexed. In other words, they are afraid of earthquakes. For Emerson continues: [End Page 200] “There are people who can never understand a trope, or any second or expanded sense given to your word, or any humor; but remain literalists, after hearing the music, and poetry, and rhetoric, and wit, of seventy or eighty years. They are past the help of surgeon or clergy. But even these can understand pitchforks and the cry of fire! and I have noticed in some of this class a marked dislike of earthquakes.” 2It has become one of the methodological orthodoxies of the new contextualism, the increasingly prominent engine driving a continuing metamorphosis of what is perhaps no longer usefully called “Humanities,” to posit a relatively transparent, unproblematic relationship between a textual artifact and its larger cultural or historical context. It is precisely this complex relationship between text and culture—and the theoretical possibility of doing justice to it—that this review of four new publications on Walter Benjamin will revisit.The urgent promise to think through the complicated relationship between text and culture, between the idiomatic artifact and its historical formation, has yet to be fulfilled. How does one account for the singularity of a specific instance of signification, be it a literary text, a film, or a neon sign, articulating the relationship between it and the cultural paradigm that gave rise to it and to which it gave rise? How might one talk about a text’s historicity without forcing a hasty assimilation of it into a crudely mimetic model? One way out of the difficulty, of course, is to suppress the vicissitudes of language altogether, with an eye to hastening the assimilation of a text, seen primarily as illustrative or evidential material, into pre-established assumptions. An example of such a dissatisfactory answer can be found in the introduction to a recent programmatic publication, in which the editors triumphantly proclaim: “Thus, for example, although there is no prohibition against close textual readings in cultural studies, they are also not required.” 3 A marked dislike of earthquakes is at work here. What is more, the logic of such a statement goes as follows: because close reading is no longer necessary, it is dispensable, and therefore eventually no longer performed at all. One is tempted to invoke the famous language of Kafka’s chaplain in The Trial who reprimands Joseph K. for his failure to read closely: “You have not enough respect for writing and you are altering the story.” 4Such methodological difficulties only get worse when one considers the particular problem posed to scholarship by the case of Walter Benjamin, the German-Jewish critic, writer, and philosopher now widely regarded as one of the most significant theorists of our century. On the [End Page 201] one... (shrink)

This paper aims at explaining and defending some of Cora Diamond's thinking about the role of a kind of guides to thinking about ethics. Aids to thinking of this type can take a very general form but can also be applied in context‐sensitive ways. Maria Balaska has raised the question whether Diamond manages to avoid relativism. Oskari Kuusela also criticises Diamond, focussing on whether talk of human equality can be said to correspond to reality. I will consider these objections (...) in turn and try to show that Diamond is not committed either intentionally or otherwise to relativism. (shrink)

This article examines the rise of modern secular, individualistic and rational legal thought from a historical point of view. It will be argued that the well known assumption needs to be critized, that the philosophical background of this development can only be traced back to Hobbes, Locke and Kant. Instead, the two authors of this article will point out that it was rather Ockham who first mentioned notions of modern liberal democracy in his philosophical opus. Furthermore, it (...) class='Hi'>will be shown that the traditional interdisciplinary discourse on Thomas Hobbes falls short of a serious discussion of the most critical arguments. On a normative level it will be asked, what a Hobbesian (or for example Kantian discourse-ethical) conception can do for a normative justification of liberal democracy, nationally and transnationally. (shrink)

Review of Teichmann, Roger, _Wittgenstein on Thought and Will_. New York/Oxford: Abingdon Books, Routledge 2015.

During the last decades, social mechanisms have been broadly discussed in general sociology, but, in family sociology, they seem to be non-existent. Therefore, the first aim of this paper is to show that., although the term can hardly be found, prominent theoretical ideas use more or less explicitly mechanistic explanations. Focusing on the determinants of separation can show that all arguments connect (structural) input with (social) outcome and search for theoretical explanations in the sense of social mechanisms. We will (...) demonstrate how macro-structural traits are mechanistically connected with individual variables and how they lead to a stable or fragile partnership. As often mentioned, “mechanism-based storytelling” (Hedström/Ylikoski 2010, 64) should be accompanied by empirical research. Therefore, in a simple statistical model in the second part, we will show the results of our testing of some examples of well-known variables for the explanation of separations. It will show how correlations can be mechanistically explained and not simply statistically described. (shrink)

This article introduces to a wider public a hitherto unknown report written by the “Romantic” natural philosopher and mineralogist Henrik Steffens (1773–1845). In the 1811 report Ideas on Medical Meteorology, commissioned by the Prussian Ministry of the Interior via the physician Johann Christian Reil (1759–1813), Steffens argued for a new, “organic” perspective on meteorology focusing on interrelations between the atmosphere and diseases among humans and animals. This new outlook, he argued, was to be realized via a series of observations directed (...) by the state administration. Excerpts from the report are translated and commented upon in order to illuminate their context. These show the report to be part of a significantly older European tradition of inquiry into the connection between changes in the atmosphere and health. A speculative variation of this tradition, for which the general term “Organic Meteorology” is introduced here, was ignited in German-speaking regions through Schelling’s natural philosophy. The report and its context show that the Prussian state was willing to engage with “Romantic” natural philosophy, that Steffens gladly provided expertise for this purpose, and that this was part of a more general effort to professionalize medicine. (shrink)

This article introduces to a wider public a hitherto unknown report written by the “Romantic” natural philosopher and mineralogist Henrik Steffens (1773–1845). In the 1811 report Ideas on Medical Meteorology, commissioned by the Prussian Ministry of the Interior via the physician Johann Christian Reil (1759–1813), Steffens argued for a new, “organic” perspective on meteorology focusing on interrelations between the atmosphere and diseases among humans and animals. This new outlook, he argued, was to be realized via a series of observations directed (...) by the state administration. Excerpts from the report are translated and commented upon in order to illuminate their context. These show the report to be part of a significantly older European tradition of inquiry into the connection between changes in the atmosphere and health. A speculative variation of this tradition, for which the general term “Organic Meteorology” is introduced here, was ignited in German-speaking regions through Schelling’s natural philosophy. The report and its context show that the Prussian state was willing to engage with “Romantic” natural philosophy, that Steffens gladly provided expertise for this purpose, and that this was part of a more general effort to professionalize medicine. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 67 Heft: 2 Seiten: 211-231.

Rule-following is a normative doing and therefore needs to be reconsidered in a metaethical framework. Rule-following will be discussed in the light of cognitivism and non-cognitivism. It will be shown that neither cognitivism nor non-cognitivism are sufficiently good accounts for conceptualizing rule-following, because they are held captive by a quasi-mechanistical picture of rule-following. This idea stems from Stanley Cavell´s and John McDowell´s approach to rule-following. McDowell appeals to the idea that we participate in “shared forms of life” and (...) therefore are able to follow rules correctly. I believe that his quietist view can be amplified by conceptualizing different modes of following a rule. We can also follow a rule e.g. ironically and still grasp the conceptual content of the rule adequately. (shrink)

Richter begins with a set of counter examples to a position that he acknowledges is not important to me. He goes on to produce counter examples to a position I do not hold. And he concludes by imputing a project to me that I nowhere endorse and by ridiculing that project. Part of his confusion is my fault since what I have done is not entirely consistent with what I claimed to have done. So let me try to clarify (...) and to develop what I take to be valuable in my paper.To begin with, it was not my main intent to offer an account of the ordinary use of the term ‘racist’. Indeed, for reasons that will be dear presently, I now think that the attempt to provide such an account is misguided. Whether I have offered an account of what Richter calls a ‘central use’ depends on what he means by ‘central use.’ Judging from his proposed counter examples, he seems to hold that whatever satisfies the definition of a central use of some expression ‘e’ will be acknowledged by all competent speakers as a case of e.In this sense of ‘central use’ I have not offered an account of a central use of ‘racist’ either. What, then, have I done? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Funding Utopia: Utopian Studies and the Discourse of Academic ExcellenceAdam Stock (bio)As an academic field, there is in some important ways nothing special about utopian studies. Granted, our object of inquiry may look beyond the present toward what Ruth Levitas terms the Imaginary Reconstruction of Society, but we are still workers in what Darren Webb calls the “corporate-imperial” university.1 Webb argues that within the university we can at best (...) protect “bolt holes, breathing spaces, and places of refuge” that can function as “fleeting, transitory, small-scale experiences of utopian possibility.” As academics, our greater value to utopian politics therefore involves using our “knowledge and resources... in the service of a collaborative process of memory- and story-making, pulling together disparate inchoate dreams and yearnings in order to generate a utopian vision that can help inform, guide, and mobilize long-term collective action for systemic change.”2 Such work uses resources and the products of labor within the academy in the service of ends beyond and at times against it. In other words, utopianism within the academy is necessarily complicit in the academy’s constitutive material relations, but it can also be oppositional in intellectual and—more importantly—activist senses to the academy’s ideological form. In other words, whether or not a given [End Page 517] project in the field of utopian studies is politically utopian does not depend on its material basis (i.e., how it is funded) so much as its content, in the senses of both the work that it does and the ways in which it captures and mobilizes available resources. Hence it is possible to imagine both regressive and emancipatory research projects in our field that capture or co-opt additional resources, including both internal and external funding. It is, however, a mark of emancipatory projects that they will use these resources to the ends Webb describes.Implicit in Webb’s argument is an acceptance that politically useful utopian work should be socially engaged beyond the confines of the university campus. However, engaging in utopian politics from within inegalitarian university structures (via what is institutionally termed “outreach” and “engagement” work) should be pursued with caution. Even researchers and educators acting in good faith can easily end up exploiting or causing damage to social movements, support groups and activists. Good allyship and effective support cannot be reduced to institutional mechanisms like ethics committee compliance or equality, diversity and inclusivity (EDI) initiatives, even when these go beyond “lip service” to become meaningful acts.3 For projects involving external collaborators with a connection to the sort of “long-term, collective action” Webb describes, research design must walk a tightrope between being supportive of utopian politics beyond the university and responding to instrumental pressures within it.Here I suggest as an academic field utopian studies is at least a little special as it mediates dialectically between theory and practice at one level while developing a conceptual framework of the dialectic between theory and practice at another. Within what Richter et al term “the paradox of universities as colonizing and liberatory spaces for community engagement and activism” the utopian method is well placed to ask questions about how we engage with the given conditions of the academy, including competitive research funding grants.4 I begin below with a discussion of the relationship of theory and academic work to the social with reference to utopian theory and then apply this to questions about our wider complicity within a discursive regime I term “academic excellence.” I argue this regime is central to the “prestige economy” upon which some of the structural inequalities of our sector are based. I conclude by suggesting that working within the constraints of the given while remaining orientated toward utopian politics in an ethical manner requires close attention to how we navigate the relationship between utopian theory and political practice. [End Page 518]Theory, Praxis, PracticeIn the final chapter of his recent monograph Becoming Utopian, Tom Moylan forms a cogent argument about the praxis of utopian-oriented politics with reference to Saul Alinsky’s community organizing and Paulo Freire’s pedagogy of the oppressed.5 The writings of both figures are grounded in... (shrink)

In this essay, I offer thoughts on the constitution of images in art, especially as they are constituted in painting and in photography. Utilizing ideas from Gadamer, Derrida and Adorno, I shall argue that representation should be conceived as a performative concept and as an act of formation; i.e., as a process rather thanas something "fixed." My reflections will be carried out in connection with a careful analysis of Gerhard Richter's painting Reader, which is a painting of a (...) photograph that depicts a female who is reading. I demonstrate how a close analysis of this fascinating painting leads us deeper into the problem of painted images, insofar as it enacts what it is about, namely, the constitution of itself as an innige by means of a complex and enigmatic relationship between seeing, reading, memory, inner, outer, gaze and blindness. (shrink)

In this essay, I offer thoughts on the constitution of images in art, especially as they are constituted in painting and in photography. Utilizing ideas from Gadamer, Derrida and Adorno, I shall argue that representation should be conceived as a performative concept and as an act of formation; i.e., as a process rather thanas something "fixed." My reflections will be carried out in connection with a careful analysis of Gerhard Richter's painting Reader (1994), which is a painting of (...) a photograph that depicts a female who is reading. I demonstrate how a close analysis of this fascinating painting leads us deeper into the problem of painted images, insofar as it enacts what it is about, namely, the constitution of itself as an innige by means of a complex and enigmatic relationship between seeing, reading, memory, inner, outer, gaze and blindness. (shrink)

From 1942 to 1952, a programme took place at Johns Hopkins to devise new methods of controlling Baltimore’s rat population. This article focuses on three individuals closely connected to this project at various stages of its development: psycho-biologist Curt Richter, animal ecologist David E. Davis, and ecologist and psychologist John B. Calhoun. For all three, the challenges of controlling rat numbers highlighted the significance of stress – a homeostatic mechanism critical to the survival of the animal. This was a (...) process that was analyzed and manipulated by (re)introducing the wild rat into the laboratory. Here the rat not only contributed to new methods of rodent control, but offered new possibilities for the control and improvement of humankind. Yet it was not just the animal, but the physical structure of the laboratory that came to model the world outside. Through examining the experimental systems of the three scientists, this article will trace a series of transgressions between laboratory and field, urban and wild, animal and human. The result was that while animals were used to model the behaviour and pathologies of human city dwellers, the laboratory spaces in which they existed came to model the urban environment. We shall also see how differing perspectives on the value and uses of animal models and environments encouraged and reinforced alternative visions as to the role of science in the service of the city. (shrink)

This book makes available for the first time in English—and for the first time in its entirety in any language—an important yet little-known interview on the topic of photography that Jacques Derrida granted in 1992 to the German theorist of photography Hubertus von Amelunxen and the German literary and media theorist Michael Wetzel. Their conversation addresses, among other things, questions of presence and its manufacture, the technicity of presentation, the volatility of the authorial subject, and the concept of memory. Derrida (...) offers a penetrating intervention with regard to the distinctive nature of photography vis-à-vis related technologies such as cinema, television, and video. Questioning the all-too-facile divides between so-called old and new media, original and reproduction, analog and digital modes of recording and presenting, he provides stimulating insights into the ways in which we think and speak about the photographic image today. Along the way, the discussion fruitfully interrogates the question of photography in relation to such key concepts as copy, archive, and signature. Gerhard Richter introduces the volume with a critical meditation on the relationship between deconstruction and photography by way of the concepts of translation and invention. Copy, Archive, Signature will be of compelling interest to readers in the fields of contemporary European critical thought, photography, aesthetic theory, media studies, and French Studies, as well as those following the singular intellectual trajectory of one the most influential thinkers of our time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Place: Towards a Geophilosophy of Photography by Ali ShobeiriElizabeth. L. CoxPlace: Towards a Geophilosophy of Photography BY ALI SHOBEIRI Leiden, The Netherlands: Leiden University Press, 2021In his most recent work, Place: Towards a Geophilosophy of Photography, Ali Shobeiri skilfully demonstrates both the importance of, and fluid ways in which, place plays a dynamic role in the understanding and stories nestled within the seeing and evaluating of photographs and (...) photography. Bringing together the worlds of photography, geography, and philosophy to create an interdisciplinary theoretical understanding of place in relation to photography, Shobeiri has expertly unearthed a nuanced, exciting way of considering the photographic process and images.Shobeiri, an Assistant Professor of Photographic Studies and Visual Arts Theory at Leiden University, brings his knowledge and expertise of visual culture, photographic theory, human geography, and philosophy to the fore in his latest publication. His knowledge, passion, personal interest in photography, and his critical thought come through nicely in his writing, and it is clear that the development of Shobeiri’s ideas and framework have been given a lot of thought, time, and energy. This book meaningfully speaks to those interested in a discussion of place within the realm of photography, evidenced through the depth of knowledge and sheer detail explored within this book.Inspired by his own experience as a photographer and influenced by Edward Casey’s “delimited” definition of place, Shobeiri explores how place is never simply presented or fixed (11). It is here that he expertly uses photography to do this across six different yet clearly complimentary chapters. Critically, there is no way to give a succinct overview of the chapters of this book without losing meaning and diluting Shobeiri’s message; the book is rich, deeply detailed, embedded within philosophical thought, and is nuanced throughout, which is important to remember when reading this non- fiction piece of work.In the first chapter, Shobeiri provides a phenomenological exploration of the importance of the photographer’s body both as a lived experience and a physical entity. He then juxtaposes this duality to the lived [End Page 136] place of the photograph, returning to the notion of fixedness and using the idea of belonging to explore the photographer’s body and the photographic experience as a lived place. The next chapter discusses spatiality and time, and the way in which space is temporalized, using key influences such as Roland Barthes and Susan Collins to illustrate the argument. Central to this is the idea that a photograph captures time, but also aims at space, which raises questions about what this means for the space before the lens. In chapters 3 and 4, the author argues that the photograph itself travels through space, and highlights the importance of the photographic place, allowing us to “bestow meaning upon that space on the photograph’s surface” (67). Interestingly, Shobeiri points to philosophy to help the reader understand this, such as Jacques Derrida, and uses more familiar images and scholarly thought from NASA to discuss blind field and the liminality of photographic place. Chapter 5 moves away from location and journeys the reader to a discussion of places viewed as moment of encounter, specifically considering the spectator and the photograph. This evolves further in the sixth and final chapter insofar as it explores the transition and translation of the photographed place to the communication of the content of the image and the agency of the photograph. Shobeiri finishes with a simple yet engaging epilogue, several helpful notes, and a plethora of references which are useful for further reading.Place: Towards a Geophilosophy of Photography is genuinely interesting, centred within academic scholarship, and employs the thought of theorists that readers of Environment, Space, Place will undoubtably recognise. Scholarly figureheads such as Jacques Derrida, Alain Badiou, and Michel Foucault, space and place authorities such as Tim Cresswell, Tim Ingold, and Doreen Massey, and art aficionados such as Roland Barthes, Susan Collins, and John Berger frequent the pages. Familiar artistic names are also drawn upon, including Ansel Adams, Gert Jan Kocken, and Gerhard Richter, which soften the strong academic tones that this book voices. This work is clearly sophisticated in terms of lexicon and ideas, however... (shrink)

In 1992, the United States Supreme Court, in Planned Parenthood of Southeastern Pennsylvania v. Casey, upheld the ruling in Roe v. Wade, namely that women have a right “to choose to have an abortion before viability and to obtain it without undue interference from the State.”1 However, since this ruling, some states have imposed regulations that greatly limit this right by restricting access. Texas is a recent example of this. Two proposed restrictions in House Bill 2, which will be (...) discussed in detail below, will force all but eight clinics that are located in metropolitan areas to shut down. The U.S. Supreme Court put the proposed restrictions on hold in October 2014, allowing several clinics to remain open while the restrictions are being appealed in the U.S. Court of Appeals for the Fifth Circuit. If the restrictions are passed, however, those clinics will be forced to shut down and, as a result, many women in Texas will be required to travel more than 100 miles in order to access a safe and legal abortion. Much of the focus of these restrictions has been on women and rightly so. However, I want to turn the attention to physicians. The requirements exacerbate unfair treatment of abortion providers compared with other physicians. Abortion providers face threats from the public—some of which turn into violent attacks—and they are often ostracized by their fellow medical practitioners. There are so few abortion providers to begin with and the proposed requirements limit these physicians’ opportunities to practice the branch of medicine of their choosing. Although the HB 2 requirements may not result in an unconstitutional undue burden on physicians, the challenges created by the bill limit physicians’ abilities to provide abortions. As a result of these limits, HB 2 creates an unconstitutional undue burden for women seeking abortions by creating barriers directed at abortion providers and clinic staff who are willing and able to provide abortions. The first of the two controversial HB 2 requirements is the admitting privileges requirement: “A physician performing or inducing an abortion must, on the date the abortion is performed or induced, have active admitting privileges at a hospital that is located not further than 30 miles from the location at which the abortion is performed or induced.”2 The second requirement is the ambulatory surgical center requirement: “The minimum standards for an abortion facility must be equivalent to the minimum standards adopted under [Texas Health & Safety Code] [...] for ambulatory surgical centres.”3 In order to meet these state-mandated obligations, some abortion clinics would have to spend more than $1 million in upgrades if they wish to remain open. The District Court decided that the ambulatory surgical center requirement places an unconstitutional undue burden on women, and that the two requirements together place an undue burden on women in Texas and especially in the Rio Grande Valley where the nearest clinic is a couple hundred miles away.4 Later, the U.S. Court of Appeals for the Fifth Circuit reversed the District Court’s decision and argued, “the admitting privileges requirement is constitutional on its face.”5 While the regulations are being appealed, the Supreme Court granted a stay of injunction, allowing about twelve abortion clinics to reopen until a final decision regarding the regulations is made. The District Court ruled that the purpose of the two regulations was to create a substantial obstacle for women seeking abortions in Texas. While the defendants argued that the regulations were designed to make abortions safer and reduce risk, the Court decided that this was not the case. An abortion, especially a first-term abortion, is a very safe procedure and is safer than many other routine surgical procedures. As stated in Planned Parenthood v. Casey, “Unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right.”6 The undue burden in this case is imposed, not through restricting women’s access directly, but by restricting physicians’ freedom to perform abortions. The admitting privileges requirement has reduced the number of physicians who can perform abortions and the ambulatory surgical center requirement has reduced the number of clinics where abortions can be performed. The American Medical Association states, “[t]he Principles of Medical Ethics of the AMA do not prohibit a physician from performing an abortion in accordance with good medical practice and under circumstances that do not violate the law.”7 This means that physicians are not required to perform abortions, except in emergency situations, but can as long as the procedure is done safely and does not violate the law. The new Texas regulations, however, are so restrictive that few abortion providers, limited to only four urban areas, can legally perform abortions. Physicians do not have an absolute right to perform abortions as opposed to women who have an absolute right to have access to an abortion. Physicians do face many challenges that other professionals face in terms of obtaining qualifications and finding work. Abortion providers, however, face challenges that most other physicians do not. The restrictions imposed by these regulations exacerbate unfair treatment toward abortion providers and place further obstacles in their path in terms of providing the service they want and are qualified to provide. Both abortion clinics and abortion providers are being treated differently from other medical clinics and physicians. For instance, “grandfathering of existing facilities and the granting of waivers from specific requirements is prohibited for abortion providers, although other types of ambulatory surgical facilities are frequently granted waivers or are grandfathered.”8 Many abortion clinics cannot afford the necessary upgrades. Furthermore, it is extremely expensive to open a brand new clinic that complies with the ambulatory surgical center requirements. Being grandfathered in would be the only option available to abortion clinics that cannot afford the upgrade. However, unfair treatment of abortion clinics and providers is preventing those clinics from being grandfathered into the new system. As a result, many abortion clinics may be forced to close. Admitting privileges are proving difficult or impossible for physicians both to obtain and, for those who have already been granted privileges, to keep. Dr. Sherwood Lynn, an obstetrician-gynecologist who has performed abortions for decades, describes the process of obtaining admitting privileges and the difficulties abortion providers face. After sending in an application a physician must wait for the hospital to send them the required materials, “but if the address of the practice on the application is of an abortion provider or clinic, [the hospital] won’t send [them] the package of materials required. [They] simply can’t apply.”9 Dr. Lynn and several other physicians have surmised that hospitals are only withholding privileges from qualified physicians who perform abortions and that other physicians do not face this discriminatory treatment. Hospitals have also revoked privileges granted to physicians after learning that the physicians perform abortions. For instance, in Texas two doctors, “received notices [...] informing them that their admitting privileges to the University General Hospital of Dallas have been revoked, with the hospital’s CEO claiming the hospital was unaware they were providing abortion care and that the hospital believed such care would damage its reputation.”10 What is curious about this revocation is that, “federal and state laws [...] forbid hospitals from discriminating against doctors who perform abortions,” and yet hospitals are clearly doing just that.11 Dr. Pamela Richter, another abortion provider in Texas, had her temporary admitting privileges revoked with no explanation and because of this, the clinic where she performed abortions, Reproductive Services, can no longer provide abortions at all.12 As the hospital gave no reason for the revocation, it not clear Dr. Richter’s privileges were revoked because she performs abortions. Dr. Richter, however, has performed over 17,000 abortions and her privileges were revoked soon after HB 2 was introduced.13 According to the Texas Hospital Association, giving admitting privileges to doctors who do not work for the hospital is expensive and time-consuming but this does not account for the fact that hospitals are revoking previously granted privileges from physicians whom they learn are providing abortion services.14 As mentioned previously, the District Court found that the admitting privileges requirement and the ambulatory surgical center requirement do not further ensure the health and safety of women undergoing an abortion. Several physicians have testified to this fact. Dr. Lynn stated in an interview: The admitting privileges requirements are [...] absolutely unnecessary. If you have a number of patients waiting for procedures, and something happens and a patient needs to be transferred to a hospital, you’re not going to leave everyone else and go to the hospital. That makes no sense. You’re going to refer that person to a gynecologist at the hospital. There is no safety issue involved here. If a patient shows up with an emergency, every hospital is required to admit that patient. They have to by law.15 It is rare that complications will arise from an abortion performed in a clinic. Dr. Richter, for example, has performed more than 17,000 abortions and not once had to send a patient to a hospital because of complications resulting from the procedure. According to Dr. Lynn even if abortion providers were granted privileges to hospitals, it is unlikely that they will exercise them. In essence, having admitting privileges at a hospital does nothing to further ensure the safety of an already safe procedure. The only result of the admitting privileges requirement is to limit certain physicians’ ability to perform legal abortions. Not only do the HB 2 requirements fail to further ensure the health and safety of women, the HB 2 requirements may actually create more health risks to women who cannot access the eight remaining clinics. The first risk is that the remaining clinics would have an influx of patients that they may not be able to handle, forcing women to wait longer for an appointment. As stated by the District Court, “[e]ven assuming every woman in Texas who wants an abortion [...] could travel to one of the four metropolitan areas where abortions will still be available, the cumulative results of HB 2 are that, at most, eight providers would have to handle the abortion demand of the entire state.”16 Furthermore, “[t]hat the State suggests that these seven or eight providers could meet the demand of the entire state stretches credulity.”17 Abortion is a time sensitive procedure. It is safest when performed early in a pregnancy. The increase in patients to these remaining clinics, assuming all women in Texas can access them, will increase wait times and may force women to have abortions later in pregnancy. In the worst-case scenario, a woman would not see an abortion provider at all before viability. Such instances may be rare, but they are possible. In such cases, women’s access to legal abortions becomes impossible and thereby violate the ruling in Roe. Clinics may be able to avoid the aforementioned problems if they hire more physicians. However, there are two barriers to hiring more physicians. First, as mentioned previously, admitting privileges to Texas hospitals are difficult, if not impossible, for abortion providers to obtain. Second, given the negative treatment of abortion providers by anti-abortion groups, many physicians are not willing to perform abortions. The harassment abortion providers face is unique to those physicians and many physicians will not perform abortions for that reason. In an article published in the Austin Chronicle, anti- abortion activist Abby Johnson, “discusses how her group investigated appraisal district records to find the new location of where an Austin abortion physician plans to work.”18 Johnson states, “These abortionists are feeling the pressure from the pro-life movement in Texas. I think they feel like they’re on the run. And that’s how we want to keep it.”19 If the HB 2 requirements are passed and there remain at most eight abortion providers in Texas, these activists will concentrate on those clinics and, “the dangerous impact of their intimidation tactics will be exacerbated.”20 Even if the number of physicians needed to meet the demand in Texas can obtain admitting privileges and work at one of the remaining clinics, they may choose not to do such work because they are putting themselves at risk. The harm abortion providers face from such anti-abortion groups is not unique to Texas. There are stories from all over the country and from other countries where abortion is legal of physicians receiving death threats. Dr. George Tiller, an abortion provider in Kansas, was killed outside his church and had received numerous death threats prior to this. The HB 2 requirements are making it so that abortion providers either cannot provide their services any longer or will face increased threats and increased danger to themselves. Physicians are allowed to conscientiously object to providing medical interventions in certain circumstances for moral and religious reasons. However, there are limits on this right. According to the American Congress of Obstetricians and Gynecologists, “[w]hen conscientious refusals conflict with moral obligations that are central to the ethical practice of medicine, ethical care requires that the physician provide care despite reservations or that there be resources in place to allow the patient to gain access to care in the presence of conscientious refusal.”21 I would argue fear for one’s safety in the face of immediate threats is perhaps a stronger ground on which to refuse to provide care than a personal belief that abortion is immoral or against one’s religion. ACOG also states, “[p]roviders with moral or religious objections should either practice in proximity to individuals who do not share their views or ensure that referral processes are in place so that patients have access to the service that the physician does not wish to provide.”22 This responsibility has been largely disputed by the medical community but in cases of rape, incest, and health risks to women, referrals must be made without exception. However, under the requirements of HB 2, working in proximity to an abortion provider may not be possible because they are so geographically limited. Referrals are supposed to be made within reason. Some areas of Texas, such as the Rio Grande Valley, are up to 200 miles away from the nearest clinic that would remain open if HB 2 is passed. Referrals may simply not be feasible given the geographical distances and the decreasing number of available physicians. As mentioned above, there are two risks to the health and safety of women as a result of HB 2. The second of these is that if a woman cannot access one of the remaining clinics, she may seek out a more convenient but illegal and unsafe abortion, which is far more likely to result in a dangerous complication. Dr. Lynn states, “[b]ecause of the restrictions lawmakers impose, women will seek abortions illegally, and we’re going to see a rise in septic abortions.”23 Some areas of Texas might effectively revert back to a pre-Roe era where abortions were performed in unsanitary conditions by unqualified people resulting in dangerous medical complications far more often than legal abortion procedures do now. Physicians like Dr. Lynn who want to prevent this from happening generally cannot do so without facing legal sanction. Physicians have a duty to provide safe medical care and if they cannot obtain admitting privileges, they cannot exercise this duty. ACOG released a statement expressing their objections to the new requirements. They state that HB 2 is, “plainly intended to restrict the reproductive rights of women in Texas through a series of requirements that improperly regulate medical practice and interfere with the patient-physician relationship.”24 Executive Vice-President of ACOG, Hal C. Lawrence III stated: The Texas bills set a dangerous precedent of a legislature telling doctors how to practice medicine and how to care for individual patients. ACOG opposes legislative interference, and strongly believes that decisions about medical care must be based on scientific evidence and made by licensed medical professionals, not the state or federal government.25 Abortion is one of only a few areas of medicine where the legislature imposes so many regulations restricting particular physicians’ ability to practice medicine. Not only are abortions providers being regulated by the state, they are also facing clear discrimination from others within the medical community. The state is closing down clinics that do not meet the ambulatory surgical center requirements and hospitals are denying physicians admitting privileges because they perform abortions. In summary, abortion providers are being discriminated against both by the legislature and other members of the medical community. Other physicians who do not perform abortions are not denied admitting privileges on discriminatory grounds. Clinics that cannot afford upgrades to become an ambulatory surgical center are being grandfathered in, while abortion clinics are being forced to close down. Ob-Gyns who conscientiously object to performing abortions and who are not located in close proximity to at least one abortion provider cannot effectively fulfill their duty to refer patients. Lastly, given the barriers these regulations will create, there will likely be a rise in complications resulting from abortions provided under grossly unsafe conditions. Physicians, whose duty it is to provide safe and effective medical care, are being denied the right to exercise this duty. While this denial may not be unconstitutional, it is certainly unjust and discriminatory and creates obstacles that other physicians do not face. Most importantly, these obstacles are creating an undue burden for women. The HB 2 requirements do not increase the health and safety of abortions; all they do is create substantial obstacles for women. In light of these observations, the requirements seem to me to be in clear violation of Casey, in which it was decided that, “[u]nnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on that right.”26 These regulations do just what Casey was meant to prohibit and this is accomplished through limiting physicians’ ability to practice safe abortions across the state of Texas. Therefore, the HB 2 requirements may not impose an undue burden on doctors but they do impose an undue burden on women. PDF available: Rachel Hill, "Texas HB 2," Voices in Bioethics. References: 1 Planned Parenthood of Southeastern Pennsylvania v. Casey, pg. 2. 2 Whole Women’s Health v. Lakey, pg. 2. 3 Ibid. 4 Ibid., 4. 5 Ibid., 2. 6 Planned Parenthood v. Casey, pg. 16 7 AMA Code of Medical Ethics, “Opinion 2.01 – Abortion,” American Medical Association. 8 Whole Women’s Health v. Lakey, pg. 10. 9 Dr. Sherwood Lynn, “A Texas Ob-Gyn Details the Horrific Consequences of Abortion Restrictions,” Cosmopolitan. 10 Feminist Newswire, “Texas Hospitals Revoke Admitting Privileges to Abortion Providers,” Feminist Majority Foundation Blog. 11 Ibid. 12 Ibid. 13 Ibid. 14 Glenn Hegar, “Texas Hospital Association’s Statement of Opposition to Section 2 of the Committee Substitute for Senate Bill 5,” Texas Hospital Association. 15 Dr. Lynn, “A Texas Ob-Gyn.” 16 Whole Women’s Health v. Lakey, pg. 10. 17 Ibid. 18 Mary Tuma, “Undercover Audio Reveals Anti-Abortion Tactics: Anti-abortion activists monitor and track providers, patients,” Austin Chronicle. 19 Ibid. 20 Ibid. 21 Committee on Ethics, “The Limits of Conscientious Refusal in Reproductive Medicine,” The American Congress of Obstetricians and Gynecologists. 22 Ibid. 23 Dr. Lynn, “A Texas Ob-Gyn.” 24 “Ob-Gyns Denounce Texas Abortion Legislation: Senate Bill 1 and House Bill 2 Set Dangerous Precedent,” The American Congress of Obstetricians and Gynecologists. 25 Ibid. 26 Planned Parenthood v. Casey, pg. 16. (shrink)

This book makes available for the first time in English—and for the first time in its entirety in any language—an important yet little-known interview on the topic of photography that Jacques Derrida granted in 1992 to the German theorist of photography Hubertus von Amelunxen and the German literary and media theorist Michael Wetzel. Their conversation addresses, among other things, questions of presence and its manufacture, the technicity of presentation, the volatility of the authorial subject, and the concept of memory. Derrida (...) offers a penetrating intervention with regard to the distinctive nature of photography vis-à-vis related technologies such as cinema, television, and video. Questioning the all-too-facile divides between so-called old and new media, original and reproduction, analog and digital modes of recording and presenting, he provides stimulating insights into the ways in which we think and speak about the photographic image today. Along the way, the discussion fruitfully interrogates the question of photography in relation to such key concepts as copy, archive, and signature. Gerhard Richter introduces the volume with a critical meditation on the relationship between deconstruction and photography by way of the concepts of translation and invention. _Copy, Archive, Signature_ will be of compelling interest to readers in the fields of contemporary European critical thought, photography, aesthetic theory, media studies, and French Studies, as well as those following the singular intellectual trajectory of one the most influential thinkers of our time. (shrink)

In this paper I explore some of the moral pros and cons of pardoning or granting amnesty to people who have committed or participated in serious crimes. I believe that we are pulled in two directions when faced with questions of clemency, pardoning, amnesty, especially when it comes to war criminals or people who are guilty of flagrant violations of human rights. Our everyday morality provides us with fairly strong intuitions when the culprits are "remorseless villains". Remorseless villains don't deserve (...) to be released from punishment. But pardoning or granting amnesty, especially to soldiers or people who acted under the laws of another regime, may be pragmatically vindicated, for prudential reasons and for the sake of making peace. Whether one regards it as justified may depend on the role one is in. The perspective of a judge will differ from that of a victim or the latter's representative, and both may be at odds with the point of view of a political leader.Retributivism is a theory of what justifies punishment. I summarize Kantian and recent formulations and consider the Wittgensteinian challenge that no theory is needed at all, or can be effective in countering competing intuitions. Wittgensteinian insistence on looking at particular cases and avoiding generalized doctrines inspires the discussion of a concrete example of amnesty granted to SS soldiers guilty of the destruction of the village of Oradour-sur-Glane. Der Beitrag untersucht einige der moralischen Argumente, die dafür bzw. dagegen sprechen, Menschen, die schwerwiegende Verbrechen begangen oder an ihnen teilgenommen haben, zu begnadigen oder ihnen eine Amnestie zu gewähren. Wer mit der Frage von Begnadigung, Amnestie oder Straferlaß konfrontiert wird, fühlt sich nicht selten hin- und hergerissen, insbesondere wenn es um Kriegsverbrecher geht oder um Personen, die sich schwerster Menschenrechtsverletzungen schuldig gemacht haben. Unsere Alltagsmoral liefert uns eine ziemlich deutliche Vorstellung davon, bei welchen Tätern es sich um "gewissenlose Schurken" handelt, die es nicht verdienen, von Strafe verschont zu bleiben. Andererseits läßt sich eine Begnadigung oder die Gewährung von Amnestie - gerade in Fällen von Soldaten oder von Menschen, die nach den Gesetzen eines anderen Regimes gehandelt haben - mit pragmatischen Überlegungen rechtfertigen, und zwar durchaus mit rationalen Argumenten oder mit dem Ziel, eine Befriedung zu erreichen. Ob man solche Überlegungen als begründet ansieht, kann von der jeweiligen Rolle abhängen, in der man sich befindet. Die Sichtweise eines Richters wird abweichen von der eines Opfers oder dessen Vertretern, während der Standpunkt eines führenden Politikers wiederum ein gänzlich anderer sein kann.Die Vergeltungstheorie ist eine Theorie, der es um die Rechtfertigung von Strafe geht. Der Beitrag faßt Kantische und jüngere Formulierungen der Theorie zusammen und erwägt darüber hinaus Wittgensteins kritische These, daß eine Straftheorie überflüssig oder zumindest nicht imstande ist, zwischen sich widersprechenden moralischen Intuitionen zu entscheiden. Besteht man in Anlehnung an Wittgenstein, unter Vermeidung von verallgemeinernden Grundsätzen, auf der Untersuchung von Einzelfällen, dann führt das zur Diskussion von Beispielen, etwa des Falles der SS-Soldaten, die der Zerstörung des Dorfes Oradour-sur-Glane schuldig waren und denen gleichwohl Straferlaß gewährt worden ist. (shrink)

Examines the history of speculative thought by focusing on such dominant personalities as Plato, Bacon, Spinoza, Kant, Schopenhauer, and Nietzsche.

1. „Schwache“ oder „freie Menschen“? „Weil es aber doch einem nachdenkenden und forschenden Wesen anständig ist, gewisse Zeiten lediglich der Prüfung seiner eigenen Vernunft zu widmen, hierbei aber alle Parteilichkeit gänzlich auszuziehen, und so seine Bemerkungen anderen zur Beurteilung öffentlich mitzuteilen; so kann es niemanden verargt, noch weniger verwehrt werden, die Sätze und Gegensätze, so wie sie sich, durch keine Drohung geschreckt, vor Geschworenen von seinem eigenen Stande verteidigen können, auftreten zu lassen.“ These: Wer diesen Text kritisch liest, stutzt – (...) was sollen die „schwachen Menschen“ hier? Ist nicht das bizarre „schwacher“ durch „freier“ zu ersetzen? Kant verbindet mit der Gerichtshofmetapher die gegen die Politik der Machtsprüche des Absolutismus, aber auch gegen die Gesetzlosigkeit des „status naturalis“ gerichtete Freiheit der Richter und Geschworenen, nicht aber deren Schwäche. Erst im Staat unter Freiheitsgesetzen könne ein Gerichtshof eingerichtet werden – „Zu dieser Freiheit gehört denn auch, seine Gedanken, seine Zweifel, die man sich nicht selbst auflösen kann, öffentlich zur Beurteilung auszustellen, ohne darüber für einen unruhigen oder gefährlichen Bürger verschrieen zu werden [„durch keine Drohung geschreckt“] Das liegt schon in dem ursprünglichen Rechte der menschlichen Vernunft, welche keinen anderen Richter erkennt, als selbst wiederum die allgemeine Menschenvernunft, worin ein jeder seine Stimme hat.“ Die Freiheit bezieht sich auf den Bürgerstand der Menschen und ihre Freiheitsgesetze. Wir befinden uns im Bereich einer Rechtsinstitution – was soll da der Appell an die Schwäche? Gibt es einen bürgerlichen Stand der Schwachen? Nein. Das Ergebnis der Gerichtsverhandlung wird sein, dass weder Satz noch Gegensatz gilt oder dass beide gelten könnten. Nun kommt hinzu, dass Kant zuvor den Menschen charakterisiert, der zwischen These und Antithese hin- und herschwankt – ein schwacher Mensch, dem der nachdenkende und forschende Mensch entgegengesetzt wird, der nun entschlossen vor dem Gerichtshof erfahren will, wie es um die Ansprüche der beiden Parteien steht. Auch im nachfolgenden Text wird emphatisch dafür argumentiert, dass der Mensch das Problem der Antinomie und seine Auflösung in seiner eigenen Vernunft findet und daher „die Verantwortung [Beantwortung?] nicht von sich abweisen und auf den unbekannten Gegenstand schieben kann“. (shrink)

"Rechtsphilosophie zwischen Ost und West" ist das erste Buch, das systematisch das frA1/4he Werk des bedeutenden chinesischen Rechtsgelehrten, Richters, Diplomaten und Schriftstellers John C.H. Wu (1899-1986) behandelt. Die Arbeit setzt sich in chronologischer Reihenfolge kritisch mit den VerAffentlichungen Wus im Zeitraum von 1921 bis 1936 auseinander. Wu, spAter Verfechter einer dynamischen Naturrechtslehre, versucht, die mehr pragmatisch-funktionale Rechtsauffassung der fA1/4hrenden amerikanischen Rechtsgelehrten mit dem von Kant geprAgten Denken R. Stammlers zu einer inneren Begegnung zu bringen. Gleichzeitig ist die Thematik chinesischen Rechtsdenkens (...) und Philosophierens immer gegenwArtig. Die Arbeit legt ein besonderes Augenmerk auf den EinfluA von Wus kulturellem Hintergrund auf die Auseinandersetzung mit westlichem Denken und umgekehrt auf den EinfluA seiner westlichen Ausbildung auf seine Analyse der chinesischen Gedankenwelt. Das Buch will verstArkt auf diesen wichtigen Denker aufmerksam machen und den Grundstein fA1/4r eine wissenschafliche Auseinandersetzung mit ihm legen. Der Leser bekommt nicht nur einen interessanten Einblick in die zeitgeschichtlichen, rechtsphilosophischen Auseinandersetzungen, er bekommt auf einem wenig begangenen Weg Zugang zur chinesischen Kultur. (shrink)

This paper motivates and defends alethic nihilism, the theory that nothing is true. I first argue that alethic paradoxes like the Liar and Curry motivate nihilism; I then defend the view from objections. The critical discussion has two primary outcomes. First, a proof of concept. Alethic nihilism strikes many as silly or obviously false, even incoherent. I argue that it is in fact well-motivated and internally coherent. Second, I argue that deflationists about truth ought to be nihilists. Deflationists maintain that (...) the utility of the truth predicate is exhausted by its expressive role, and I argue that the truth predicate can still play this expressive role even if nothing is true. As such, deflationists do not stand to lose anything by accepting nihilism. Since they also stand to gain an elegant solution to the alethic paradoxes, on balance deflationists ought to be nihilists. (shrink)

Many AI systems that make important decisions are black boxes: how they function is opaque even to their developers. This is due to their high complexity and to the fact that they are trained rather than programmed. Efforts to alleviate the opacity of black box systems are typically discussed in terms of transparency, interpretability, and explainability. However, there is little agreement about what these key concepts mean, which makes it difficult to adjudicate the success or promise of opacity alleviation methods. (...) I argue for a unified account of these key concepts that treats the concept of understanding as fundamental. This allows resources from the philosophy of science and the epistemology of understanding to help guide opacity alleviation efforts. A first significant benefit of this understanding account is that it defuses one of the primary, in-principle objections to post hoc explainable AI (XAI) methods. This “rationalization objection” argues that XAI methods provide mere rationalizations rather than genuine explanations. This is because XAI methods involve using a separate “explanation” system to approximate the original black box system. These explanation systems function in a completely different way than the original system, yet XAI methods make inferences about the original system based on the behavior of the explanation system. I argue that, if we conceive of XAI methods as idealized scientific models, this rationalization worry is dissolved. Idealized scientific models misrepresent their target phenomena, yet are capable of providing significant and genuine understanding of their targets. (shrink)

Virtue epistemology has been divided into two camps: reliabilists and responsibilists. This division has been attributed in part to a focus on different types of virtues, viz., faculty virtues and character virtues. I will argue that this distinction is unhelpful, and that we should carve up the theoretical terrain differently. Making several better distinctions among virtues will show us two important things. First, that responsibilists and reliabilists are actually engaged in different, complementary projects; and second, that certain responsibilist (...) critiques of reliabilism miss the mark. With these distinctions on the table, we can see that the virtue reliabilist project is in some ways more fundamental than the responsibilist project, since the latter importantly depends on the former. I argue that the distinctively epistemic value of the responsibilist’s character virtues is derived from their connections to the reliabilist’s constitutive virtues. While this will give us a unified account of the epistemic value of intellectual virtues, it is not a reduction of the responsibilist project to the reliabilist one; rather, it as a way of securing the separate importance of each project by clarifying how they relate to one another. (shrink)

Truth pluralists say that truth-bearers in different “discourses”, “domains”, “domains of discourse”, or “domains of inquiry” are apt to be true in different ways – for instance, that mathematical discourse or ethical discourse is apt to be true in a different way to ordinary descriptive or scientific discourse. Moreover, the notion of a “domain” is often explicitly employed in formulating pluralist theories of truth. Consequently, the notion of a “domain” is attracting increasing attention, both critical and constructive. I argue that (...) this is a red herring. First, I identify the theoretical role for which pluralists appeal to domains, which is to answer what I call the “Individuation Problem”: saying what determines the way in which a particular truth-bearer is apt to be true. Second, I argue that pluralists need not appeal to domains for this purpose. I thus conclude that, despite the usual way of glossing the view, there is no role for the notion of a “domain” to play in the pluralist’s theory of truth. I argue that this defuses the “Problem of Mixed Atomics” and allows the pluralist to sidestep potentially intractable disputes about the nature of domains. (shrink)

Truth pluralists say that the nature of truth varies between domains of discourse: while ordinary descriptive claims or those of the hard sciences might be true in virtue of corresponding to reality, those concerning ethics, mathematics, institutions might be true in some non-representational or “anti-realist” sense. Despite pluralism attracting increasing amounts of attention, the motivations for the view remain underdeveloped. This paper investigates whether pluralism is well-motivated on ontological grounds: that is, on the basis that different discourses are concerned with (...) different kinds of entities. Arguments that draw on six different ontological contrasts are examined: concrete versus abstract entities; mind-independent versus mind-dependent entities; sparse versus merely abundant properties; objective versus projected entities; natural versus non-natural entities; and ontological pluralism. I argue that the additional premises needed to move from such contrasts to truth pluralism are either implausible or unmotivated, often doing little more than to bifurcate the nature of truth when a more theoretically conservative option is available. If there is a compelling motivation for pluralism, I suggest, it’s likely to lie elsewhere. (shrink)

Inflationists have argued that truth is a causal-explanatory property on the grounds that true belief facilitates practical success: we must postulate truth to explain the practical success of certain actions performed by rational agents. Deflationists, however, have a seductive response. Rather than deny that true belief facilitates practical success, the deflationist maintains that the sole role for truth here is as a device for generalisation. In particular, each individual instance of practical success can be explained only by reference to a (...) relevant instance of a T-schema; the role of truth is just to generalise over these individualised explanations. I present a critical problem for this strategy. Analogues of the deflationist’s individualised explanations can be produced by way of explanation of coincidental instances of practical success where the agent merely has the right false beliefs. By deflationary lights, there is no substantive explanatory difference between such coincidental and non-coincidental instances of practical success. But the non-/coincidental distinction just is an explanatory distinction. The deflationist’s individualised explanations of non-coincidental instances of practical success must therefore be inadequate. However, I argue that the deflationist’s prospects for establishing an explanatory contrast between these cases by supplementing her individualised explanations are, at best, bleak. The inflationist, by contrast, is entitled to the obvious further explanatory premise needed to make sense of the distinction. As such, pending some future deflationary rejoinder, the deflationary construal of the principle that true belief facilitates practical success must be rejected; and with it the deflationary conception of truth. (shrink)