What is the persuasive basis for the doctrine of universal human rights - rights that pertain to all human beings, regardless of national, racial, or religious affiliation? This essay offers some reflections on the subject by considering the contrasting approaches of two thinkers: Vaclav Havel, the playwright, essayist, human rights advocate, and onetime President of Czechoslovakia; and Henri Bergson, the once influential French philosopher and apostle of creative evolution, unfortunately now often forgotten.

It is commonly assumed that Indigenous nations had neither sovereignty in international law nor title to their territories when Europeans first arrived in North America. Thus the continent was legally vacant and European powers could gain title to it simply by such acts as discovery, symbolic acts, or occupation, or by concluding treaties among themselves. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or to basic principles of justice. To (...) the contrary, Indigenous American nations were sovereign entities holding exclusive title to their territories at the time of European contact, and they participated actively in the formation of Canada and the United States. This fact requires us to rewrite our constitutional histories and reconsider the current status of Indigenous nations. (shrink)

The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

Some have argued that the right of national self-determination gives every national group the power to decide for itself whether to remain part of an existing state or to secede unilaterally and form its own state. Such a theory underpins the claim that Quebec is entitled to decide on its own whether or not to leave Canada. This paper examines the main philosophical arguments for the theory and finds them one-dimensional and inadequate; they fail to take account of the full (...) range of complex issues arising in actual cases of proposed secession. If the right of national self-determination is understood as involving a right of unilateral secession, it cannot be attributed to national groups across the board. It arises only in specific historical circumstances, usually involving oppression or other forms of grave injustice. (shrink)

What is the rational foundation for the doctrine of universal human rights? Some philosophers, such as Alan Gewirth, argue that it may be discovered simply by reflection on certain essential features of the human constitution. However this approach has significant problems, achieving its ends by smuggling certain tacit premises into the argument. A better approach is one that appeals to the communal practices and traditions within which doctrines of human rights have evolved historically. It is here that Alasdair MacIntyre's work (...) becomes relevant, because it maintains that traditions have a rationality of their own, and that all rationality is in some sense traditional. That MacIntyre himself has used these ideas to dismiss the doctrine of universal human rights only shows the extent to which MacIntyre (like many others) has misunderstood the true character of that doctrine. (shrink)

The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks that foster toleration and human rights.

This paper argues that there is a close connection between basic human rights and communal bonds. It reviews the views expressed by Alan Gewirth and Alasdair MacIntyre, which in differing ways deny this connection, and concludes that the deficiencies in their accounts reinforce the case for communal bonds.

It is often thought that the meaning of a legal provision must reside in the minds of its authors or its interpreters, or a combination of the two. Indeed, the point may seem so obvious that it scarcely needs any justification. Is there any sense, then, in the claim sometimes made by judges that a law has a meaning of its own, one that is distinct from the intentions of authors and interpreters alike? At first sight, the claim appears extravagant (...) and self-serving. However, there is more to it than meets the eye. Drawing on an example from the world of games, this essay argues that the law makes up a “participatory order of meaning,” an autonomous order to which legal drafters and interpreters bend their minds as they create particular patterns of meaning. Ultimately, a legal order should be understood as a concrete instance of a transcendent order of justice and basic values, which in some sense lies both within and beyond the laws of a particular time and place. (shrink)

This paper examines the view that ‘nations’ are natural entities, composed of homogeneous linguistic and cultural groups, and argues that this theory fails to take account of our multiple and overlapping identities.

In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but (...) takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to have an intrinsic significance; they strike some inner chord, resonate with something fundamental in our inarticulate understanding of the world, reveal something about the basic make-up of the world. This is not to suggest that they are 'realistic' in the ordinary sense. They do not tell us what 'really happens' in the world of experience, where the villain all too often flourishes and the innocent are trampled underfoot. Rather, fairy tales reveal to us the injustice of the human world by testifying to the true nature of justice. If we did not know that villains ought to get their comeuppance, we would have no reason to think it wrong that they often escape to enjoy their spoils. Tales of retribution and mercy speak of the reality of a world beyond the world of everyday experience; so doing, they show the world of experience in its true light. In the best sense of the word, they are 'myths': stories that, even when told in their simplest form, carry a profound inner significance. (shrink)

What does it mean to consider the world of AI through a Christian lens? Rapid developments in AI continue to reshape society, raising new ethical questions and challenging our understanding of the human person. Encountering Artificial Intelligence draws on Pope Francis’ discussion of a culture of encounter and broader themes in Catholic social thought in order to examine how current AI applications affect human relationships in various social spheres and offers concrete recommendations for better implementation. The document also explores questions (...) regarding personhood, consciousness, and the kinds of relationships humans might have with even the most advanced AI. Through these discussions, this book investigates the theoretical and practical challenges to interpersonal encounter raised by the age of AI. (AI Research Group for the Centre for Digital Culture of the Dicastery of Culture and Education of the Holy See). (shrink)

Authors have a lot of leeway with regard to what they can make true in their story. In general, if the author says that p is true in the fiction we’re reading, we believe that p is true in that fiction. And if we’re playing along with the fictional game, we imagine that, along with everything else in the story, p is true. But there are exceptions to these general principles. Many authors, most notably Kendall Walton and Tamar Szabó Gendler, (...) have discussed apparent counterexamples when p is “morally deviant”. Many other statements that are conceptually impossible also seem to be counterexamples. In this paper I do four things. I survey the range of counterexamples, or at least putative counterexamples, to the principles. Then I look to explanations of the counterexamples. I argue, following Gendler, that the explanation cannot simply be that morally deviant claims are impossible. I argue that the distinctive attitudes we have towards moral propositions cannot explain the counterexamples, since some of the examples don’t involve moral concepts. And I put forward a proposed explanation that turns on the role of ‘higher-level concepts’, concepts that if they are satisfied are satisfied in virtue of more fundamental facts about the world, in fiction, and in imagination. (shrink)

We provide a new interpretation of Zeno’s Paradox of Measure that begins by giving a substantive account, drawn from Aristotle’s text, of the fact that points lack magnitude. The main elements of this account are (1) the Axiom of Archimedes which states that there are no infinitesimal magnitudes, and (2) the principle that all assignments of magnitude, or lack thereof, must be grounded in the magnitude of line segments, the primary objects to which the notion of linear magnitude applies. Armed (...) with this account, we are ineluctably driven to introduce a highly constructive notion of (outer) measure based exclusively on the total magnitude of potentially infinite collections of line segments. The Paradox of Measure then consists in the proof that every finite or potentially infinite collection of points lacks magnitude with respect to this notion of measure. We observe that the Paradox of Measure, thus understood, troubled analysts into the 1880’s, despite their knowledge that the linear continuum is uncountable. The Paradox was ultimately resolved by Borel in his thesis of 1893, as a corollary to his celebrated result that every countable open cover of a closed line segment has a finite sub-cover, a result he later called the “First Fundamental Theorem of Measure Theory.” This achievement of Borel has not been sufficiently appreciated. We conclude with a metamathematical analysis of the resolution of the paradox made possible by recent results in reverse mathematics. (shrink)

Normative Externalism argues that it is not important that people live up to their own principles. What matters, in both ethics and epistemology, is that they live up to the correct principles: that they do the right thing, and that they believe rationally. This stance, that what matters are the correct principles, not one's own principles, has implications across ethics and epistemology. In ethics, it undermines the ideas that moral uncertainty should be treated just like factual uncertainty, that moral ignorance (...) frequently excuses moral wrongdoing, and that hypocrisy is a vice. In epistemology, it suggests we need new treatments of higher-order evidence, and of peer disagreement, and of circular reasoning, and the book suggests new approaches to each of these problems. Although the debates in ethics and in epistemology are often conducted separately, putting them in one place helps bring out their common themes. One common theme is that the view that one should live up to one's own principles looks less attractive when people have terrible principles, or when following their own principles would lead to riskier or more aggressive action than the correct principles. Another common theme is that asking people to live up to their principles leads to regresses. It can be hard to know what action or belief complies with one's principles. And now we can ask, in such a case should a person do what they think their principles require, or what their principles actually require? Both answers lead to problems, and the best way to avoid these problems is to simply say people should follow the correct principles. (shrink)

The article seeks to reclaim a type of fear lost in silent omission in education, yet central to the development of an ethical subject. It distinguishes the fear described by Martin Heidegger through the concept of befindlichkeit and fear for the other as an essential moment for ethics articulated by Emmanuel Levinas. It argues that the latter conception of fear has inverted the traditional assumption of the ideal ethical subject as fearless. It then examines how Levinas’s interpretation of fear might (...) contribute to the discussion on fear and responsibility in the context of the COVID-19 pandemic. It concludes that fear for the other reveals our tremendous capacity to suffer for the other, which is an aspect of the emotional life that has not been identified in the general educational discourse. This inattention manifests itself as a categorical omission in which the existence of fear for the other is not recognized and impedes the ability of educators to address ethics as it is deeply lived. (shrink)

Aging is accompanied by changes in general cognitive functioning which may impact the learning rate of older adults; however, this is often not controlled for in cognitive aging studies. We investigated the contribution of differences in learning rates to age-related differences in landmark knowledge acquired from route learning. In Experiment 1 we used a standard learning procedure in which participants received a fixed amount of exposure to a route. Consistent with previous research, we found age-related deficits in associative cue and (...) landmark sequence knowledge. Experiment 2 controlled for differences in learning rates by using a flexible exposure learning procedure. Specifically, participants were trained to a performance criterion during route learning before being tested on the content of their route knowledge. While older adults took longer to learn the route than younger adults, the age-related differences in associative cue knowledge were abolished. The deficit in landmark sequence knowledge, however, remained. Experiment 3 replicated these results and introduced a test situation in which a deficit in landmark sequence knowledge yielded an increased likelihood of disorientation in older adults. The findings of this study suggest that age-related deficits in landmark associative cue knowledge are attenuated by controlling for learning rates. In contrast, landmark sequence knowledge deficits persist and are best explained by changes in the learning strategy of older adults to acquire task essential associative cue knowledge at the expense of supplementary sequence knowledge. (shrink)

Abstract Kant claims that the basis of a judgment of taste is a merely subjective representation and that the only merely subjective representations are feelings of pleasure or displeasure. Commentators disagree over how to interpret this claim. Some take it to mean that judgments about the beauty of an object depend only on the state of the judging subject. Others argue instead that, for Kant, the pleasure we take in a beautiful object is best understood as a response to its (...) qualities, and that, accordingly, feelings of pleasure or displeasure are no different from other representations, such as colors or smells. While I agree that the judgment of taste is best understood as asserting a claim about an object's qualities, I argue that the distinction Kant makes between feelings of pleasure or displeasure and other representations should not be ignored. I show that one's liking or disliking for an object is merely subjective in the sense that its significance depends on what one has made of oneself through one's aesthetic education. The judgment of taste, then, is merely subjective because one must first become the kind of person whose feelings have the right significance at the right time before one can determine whether an object's qualities make it beautiful. (shrink)

The relation between the Greek and Judeo-Christian traditions is "the great problem" of Western philosophy, according to Emmanuel Levinas. In this book Brian Schroeder, Silvia Benso, and an international group of philosophers address the relationship between Levinas and the world of ancient thought. In addition to philosophy, themes touching on religion, mythology, metaphysics, ontology, epistemology, ethics, and politics are also explored. The volume as a whole provides a unified and extended discussion of how an engagement between Levinas and thinkers (...) from the ancient tradition works to enrich understandings of both. This book opens new pathways in ancient and modern philosophical studies as it illuminates new interpretations of Levinas' ethics and his social and political philosophy. (shrink)

Curriculum Development in the Postmodern Era provided the first introduction and analysis of contemporary concepts of curriculum development in relation to postmodernism. It challenged educators to transcend purely traditional approaches to curriculum development and instead incorporate various postmodern discourses into their reflection and action in schools. Since publication in 1995, the curriculum studies field has exploded, the very notion of the postmodern has shifted, and the landscape of American schooling has changed dramatically-federal policies like No Child Left Behind have dramatically (...) increased the focus on accountability and consequently what and how teachers teach. The need to understand curriculum in relation to global religions, ethnic relations, multicultural communities, and socio-political interest groups has been magnified. Controversial issues such as biology, gender roles, academic freedom, religion and prayer in schools, gay straight alliances, GLBT literature in the curriculumstudies is theorized. In this much-anticipated and thoroughly updated edition, noted curriculum studies scholar Patrick Slattery tackles these and other issues to reflect on the current state of curriculum development and on where the field may go from here. (shrink)

This essay investigates whether or not we should think that the things we say are identical to the things our sentences mean. It is argued that these theoretical notions should be distinguished, since assertoric content does not respect the compositionality principle. As a paradigmatic example, Kaplan's formal language LD is shown to exemplify a failure of compositionality. It is demonstrated that by respecting the theoretical distinction between the objects of assertion and compositional values certain conflicts between compositionality and contextualism are (...) avoided. This includes the conflict between eternalism and the semantics of tense, the embedding problems for contextualism about epistemic modals and taste claims, and the conflict between direct reference and the semantics of bound pronouns (and monstrous operators). After presenting the theoretical picture which distinguishes assertoric content from compositional semantic value, some objections to the picture are addressed. In so doing, the objection from King (2003) stemming from apparent complications with the interaction of temporal expressions and attitude reports is assessed and shown to be non-threatening. (shrink)

This article argues that, in public and policy contexts, the ways in which many scientists talk about uncertainty in simulations of future climate change not only facilitates communications and cooperation between scientific and policy communities but also affects the perceived authority of science. Uncertainty tends to challenge the authority of chmate science, especially if it is used for policy making, but the relationship between authority and uncertainty is not simply an inverse one. In policy contexts, many scientists are compelled to (...) talk about uncertainty but do not wish to imply that uncertainty is a serious challenge to the authority of scientific knowledge or to its substantial use in policy making. "Boundary-ordering devices, " the contextual discursive attempts to reconcile uncertainty and authority in science, depend critically for their success on their "dual" interpretation: at a general level across a boundary and differently on either side of it. The authors empirically identify a range of such boundary-ordering devices in the climate field. (shrink)

"Brian Orend's The Morality of War promises to become the single most comprehensive and important book on just war for this generation. It moves far beyond the review of the standard just war categories to deal comprehensively with the new challenges of the conflict with terrorism. It thoughtfully reviews every major military conflict of the past few decades, mining them for implications of the evolving tradition of just war thinking. It concludes with a critical engagement with the major alternatives (...) to just war thinking: pacifism and 'realism.' It is, in short, the most comprehensive and thoughtful assessment of all aspects of just war since Michael Walzer's classic Just and Unjust Wars." - Martin L. Cook, United States Air Force Academy. (shrink)

For a long time before the ‘climategate’ emails scandal of late 2009 which cast doubt on the propriety of science underpinning the Intergovernmental Panel on Climate Change, attention to climate change science and policy has focused solely upon the truth or falsity of the proposition that human behaviour is responsible for serious global risks from anthropogenic climate change. This article places such propositional concerns in the perspective of a different understanding of the relationships between scientific knowledge and public policy issues (...) from the conventional ‘translation’ model, in which prior scientific research and understanding is communicated and translated into corresponding policies — or not, if it remains disputed and overly uncertain. Explaining some of the key contingencies and bases for uncertainty in IPCC climate projections and human influences, I show how social and technical analysis of climate science is not about denial of the scientific propositional claims at issue, but about understanding the conditional and essentially ambiguous epistemic character of any such knowledge, however technically sophisticated and robust it may be. Contrary to conventional wisdom, it is entirely plausible that existing scientific representations of climate change and its human causes may understate the risks induced by prevailing social-economic processes rather than exaggerate them. As the article shows, the public meanings given to climate science, and to ‘the climate problem’, and thus also the public culture which that knowledge is supposed to inform, are themselves already in key respects presumed and imposed by the science and its framing. This gives rise to perverse effects on public readiness to take informed democratic responsibility for ‘the global climate problem’, and associated cross-cutting issues which existing scientific framings of public policy erase from view. (shrink)

Brian J. Walsh and J. Richard Middleton offer a vision for transforming economics, politics, technology and every part of contemporary culture.

Kaplan (1989a) insists that natural languages do not contain displacing devices that operate on character—such displacing devices are called monsters. This thesis has recently faced various empirical challenges (e.g., Schlenker 2003; Anand and Nevins 2004). In this note, the thesis is challenged on grounds of a more theoretical nature. It is argued that the standard compositional semantics of variable binding employs monstrous operations. As a dramatic first example, Kaplan’s formal language, the Logic of Demonstratives, is shown to contain monsters. For (...) similar reasons, the orthodox lambda-calculus-based semantics for variable binding is argued to be monstrous. This technical point promises to provide some far-reaching implications for our understanding of semantic theory and content. The theoretical upshot of the discussion is at least threefold: (i) the Kaplanian thesis that “directly referential” terms are not shiftable/bindable is unmotivated, (ii) since monsters operate on something distinct from the assertoric content of their operands, we must distinguish ingredient sense from assertoric content (cf. Dummett 1973; Evans 1979; Stanley 1997), and (iii) since the case of variable binding provides a paradigm of semantic shift that differs from the other types, it is plausible to think that indexicals—which are standardly treated by means of the assignment function—might undergo the same kind of shift. (shrink)

In the first full-length analysis of Wittgenstein's Remarks on Frazer's Golden Bough, Brian R. Clack presents a fresh and innovative interpretation of Wittgenstein's conception of religion. While previous commentators have tended to sideline the Remarks on Frazer, Clack shows how the key to Wittgenstein's thought on religion lies in these remarks on primitive magico-religious observances. This book shows that Wittgenstein neither embraces expressivism, as it is generally assumed, nor straightforwardly denies instrumentalism. Focusing instead on Wittgenstein's suggestion that magic is (...) somehow akin to metaphysics, a view of ritual as the spontaneous expression of human beings is presented. (shrink)

Among politicians and policy-makers it is almost universally assumed that more transparency in government is better. Until now, philosophers have almost completely ignored the topic of transparency, and when it is discussed there seems to be an assumption that increased transparency is a good thing, which results in no serious attempt to justify it. In this book Brian Kogelmann shows that the standard narrative is false and that many arguments in defence of transparency are weak. He offers a comprehensive (...) philosophical analysis of transparency in government, examining both abstract normative defences of transparency, and transparency's role in the theory of institutional design. His book shows that even when the arguments in favour of transparency are compelling, the costs associated with it are just as forceful as the original arguments themselves, and that strong arguments can be made in defence of more opaque institutions. (shrink)

Certain puzzling cases have been discussed in the literature recently which appear to support the thought that knowledge can be obtained by way of deduction from a falsehood; moreover, these cases put pressure, prima facie, on the thesis of counter closure for knowledge. We argue that the cases do not involve knowledge from falsehood; despite appearances, the false beliefs in the cases in question are causally, and therefore epistemologically, incidental, and knowledge is achieved despite falsehood. We also show that the (...) principle of counter closure, and the concomitant denial of knowledge from falsehood, is well motivated by considerations in epistemological theory--in particular, by the view that knowledge is first in the epistemological order of things. (shrink)

The problem of evil -- Aquinas, philosophy, and theology -- What there is -- Goodness and badness -- God the creator -- God's perfection and goodness -- The creator and evil -- Providence and grace -- The trinity and Christ -- Aquinas on god and evil.

Dominant social sciences approaches to complexity suggest that awareness of complexity in late-modern society comes from various recent scientific insights. By examining today’s plant and human genomics sciences, I question this from both ends: first suggesting that typical public culture was already aware of particular salient forms of complexity, such as limits to predictive knowledge ; second, showing how up-to-date genomics science expresses both complexity and its opposites, predictive determinism and reductionism, as coexistent representations of nature and scientific knowledge. I (...) suggest we can understand this self-authored epistemic confusion in modern science by avoiding ‘the usual suspects’ – fading simpler discourses left over from previous scientific times; media oversimplifications; or the need to ‘simplify’ to essentials, for ignorant publics – and looking instead at the silent imaginations of extra-scientific reference groups reflected and projectively performed in scientific discourses-practices themselves. Thus contradictions of complex scientific understandings are systematically created by science’s own embodiment of epistemic commitments influenced by commercial cultures, and by imagined publics who are important new constructed objects of institutional scientific concerns – over authority and trust. New dimensions of complexity thus come alive through paying attention to neglected tacit dimensions of science–society interrelations. (shrink)

Andrew Webster proposes that science and technology studies align itself more thoroughly with practical policy contexts, actors and issues, so as to become more useful, and thus more a regular actor in such worlds. This commentary raises some questions about this approach. First, I note that manifest influence in science or policy or both should not become-by default, or deliberately-a criterion of intellectual quality for STS research work. I distinguish between reflective historical work, which delineates the contingent ways in which (...) existing policy and technoscientific cultures have become entrenched as such inscribed and perhaps dysfunctional institutional habit; and, work of the kind that Webster's three case studies exemplify, that is, geared to influence policy-decision outcomes. I suggest that many of the important issues facing STS-and "policy"-are not explicit "policy-decision issues" as such, but implicit "policy syndromes" that need naming, diagnosing and open, if enforced, institutional reflection. (shrink)

ABSTRACT Quine insisted that the satisfaction of an open modalised formula by an object depends on how that object is described. Kripke's ‘objectual’ interpretation of quantified modal logic, whereby variables are rigid, is commonly thought to avoid these Quinean worries. Yet there remain residual Quinean worries for epistemic modality. Theorists have recently been toying with assignment-shifting treatments of epistemic contexts. On such views an epistemic operator ends up binding all the variables in its scope. One might worry that this yields (...) the undesirable result that any attempt to ‘quantify in’ to an epistemic environment is blocked. If quantifying into the relevant constructions is vacuous, then such views would seem hopelessly misguided and empirically inadequate. But a famous alternative to Kripke's semantics, namely Lewis' counterpart semantics, also faces this worry since it also treats the boxes and diamonds as assignment-shifting devices. As I'll demonstrate, the mere fact that a variable is bound is no obstacle to binding it. This provides a helpful lesson for those modelling de re epistemic contexts with assignment sensitivity, and perhaps leads the way toward the proper treatment of binding in both metaphysical and epistemic contexts: Kripke for metaphysical modality, Lewis for epistemic modality. (shrink)