This paper was written for a forthcoming Cambridge University Press anthology titled "On Philosophy in American Law" that commemorates the 75th anniversary of Karl Llewellyn's essay of the same name. Karl Llewellyn was a founder of the Legal Realist movement in American jurisprudence, and his essay is most obviously read as a brief for that movement, in which he argues that a Realist focus on underlying social needs better explains the course of American legal history than do the competing natural (...) law, positivist and formalist schools. Without contesting the merits of this conventional reading, I argue that Llewellyn's essay also makes an implicit case for another, quite different point: the need for Continental philosophical approaches to law in contemporary American jurisprudence. In particular, I argue that the conception of philosophy upon which Llewellyn relies is, with one exception, deeply Hegelian. The one exception lies in Llewellyn's residual belief that, at least to a limited extent, philosophy can change the world as well interpret it. This belief places him squarely in the camp of post-Hegelian thinkers, the camp that also includes contemporary Continental political and legal philosophers. I conclude by suggesting how the post-Hegelian tradition responds to some of the deepest conundrums of contemporary American jurisprudence, using the problem of affirmative action as an example. (shrink)

The Italian philosopher Giorgio Agamben is having an increasingly significant impact on Anglo-American political theory. His most prominent intervention to date is the powerful reassessment of sovereignty and the politics of life and death laid out in his multivolume _Homo Sacer_ project. Agamben argues that in both the modern world and the ancient, politics inevitably involves a sovereign decision that bans some individuals from the political and human communities. For Agamben, the Nazi concentration camps—in which some inmates are reduced to (...) a form of living death—are not a political aberration but instead the place where this essential political decision about life most clearly reveals itself. Engaging specifically with _Homo Sacer_, the essays in this collection draw out and contend with the wide-ranging implications of Agamben’s radical and controversial interpretation of modern political life. The contributors analyze Agamben’s thought from the perspectives of political theory, philosophy, jurisprudence, and the history of law. They consider his work not only in relation to that of his major interlocutors—Hannah Arendt, Michel Foucault, Carl Schmitt, Walter Benjamin, and Martin Heidegger—but also in relation to the thought of Plato, Pindar, Heraclitus, Descartes, Kafka, Bataille, and Derrida. The essayists’ approaches are varied, as are their ultimate evaluations of the cogency and accuracy of Agamben’s arguments. This volume also includes an original essay by Agamben in which he considers the relation of Benjamin’s “Critique of Violence” to Schmitt’s _Political Theology_. _Politics, Metaphysics, and Death_ is a necessary, multifaceted exposition and evaluation of the thought of one of today’s most important political theorists. _Contributors:_ Giorgio Agamben, Andrew Benjamin, Peter Fitzpatrick, Anselm Haverkamp, Paul Hegarty, Andreas Kalyvas, Rainer Maria Kiesow, Catherine Mills, Andrew Norris, Adam Thurschwell, Erik Vogt, Thomas Carl Wall. (shrink)

Growing concern has been expressed that we have entered a “post-truth” era in which each of us willfully believes whatever we choose, aided and abetted by alternative and social media that spin alternative realities for boutique consumption. A prime example of the belief in alternative realities is said to be acceptance of “conspiracy theories”—a term that is often used as a pejorative to indict claims of conspiracy that are so obviously absurd that only the unhinged could believe them. The epistemological (...) standard often involved in this indictment, however—the standard of “obvious” falsity—invites subjectivity in its application, because what is obviously false to one person can be common sense to another. This is not just a truism; considerable research suggests that people’s political beliefs, in general, and their acceptance or rejection of conspiracy theories in particular, tends in large part to be determined by partisan, ideological, and other priors. (shrink)

I consider Glimcher's claim to have given an account of mental functioning that is at once neurological and decision-theoretical. I am skeptical, but remark on some good ideas of Glimcher's.

The growth of responsible innovation scholarship has been mirrored by a proliferation of RI definitions and practices, as well as a recognition of the importance of context for RI. This study investigates how researchers in the field of nanotechnology for food and agriculture define and practice RI, as well as what motivations they see for pursuing RI. We conducted 20 semi-structured interviews with nano-agrifood researchers from industry and academia in the USA, where we asked them to describe their RI definitions, (...) practices, and motivations. We analyzed the emergent themes from these interviews, including how the themes aligned with four prominent RI principles. We found that nano-agrifood researchers largely focused their descriptions of RI definitions, practices, and motivations around a narrow envisioning of the RI principle of anticipation — emphasizing product safety, efficacy, and efficiency. We also found noteworthy tensions surrounding the less frequently mentioned RI principles. For example, some researchers envisioned inclusion as a way to align products with industry interests while others saw it as a way to align products with the public good. Concerning motivations for RI, some researchers viewed RI as a way to protect one’s reputation and avoid lawsuits while others viewed it as a way to improve human well-being and solve societal problems. Given these findings, future efforts to foster RI within nano-agrifoods should promote discussions among researchers concerning what it means to responsibly innovate and what practices this could entail, particularly beyond ensuring product safety, efficacy, and efficiency. (shrink)

I argue that general constraints on how humans think about humans produce universal features of the concept of mind. Some of these constraints determine how we imagine other people's thinking and action through our own. I formulate this in opposition to what I call the "theory theory". I believe this was the first use of this terminology, and this work was an early version of what has come to be called the simulation theory.

ABSTRACTJames Woodward and John Allman [2007, 2008] and Peter Railton [2014, 2016] argue that our moral intuitions are products of sophisticated rational learning systems. I investigate the implications that this discovery has for intuition-based philosophical methodologies. Instead of vindicating the conservative use of intuitions in philosophy, I argue that what I call the rational learning strategy fails to show philosophers are justified in appealing to their moral intuitions in philosophical arguments without giving reasons why those intuitions are trustworthy. Despite the (...) fact that our intuitions are outputs of surprisingly sophisticated learning mechanisms, we do not have reason to unreflectively trust them when offering arguments in moral philosophy. (shrink)

Knowledge, like other things of value, can be faked. According to Hawley (2011), know-how is harder to fake than knowledge-that, given that merely apparent propositional knowledge is in general more resilient to our attempts at successful detection than are corresponding attempts to fake know-how. While Hawley’s reasoning for a kind of detection resilience asymmetry between know-how and know-that looks initially plausible, it should ultimately be resisted. In showing why, we outline different ways in which know-how can be faked even when (...) a given performance is successful; and in doing so, we distinguish how know-how can be faked (no less than know-that) via upstream and downstream indicators of its presence, and within each of these categories, we’ll distinguish (in connection with detection resilience) both faking symptoms and (various kinds of) criteria. The unappreciated resilience of faked knowledge-how to successful detection highlights a largely overlooked dimension of social-epistemic risk – risk we face not just in our capacity as recipients of testimony, but in our capacity as both (would-be) apprentices and clients of knowledge-how. (shrink)

Working from Adorno’s notion of negative dialectics, this essay charts a dialectical course of resistance toward a horizon of universal freedom. Rather than propose relations between ideal types of resistance, it emphasizes the ineliminable historical dimensions of not only real-world resistance movements but also the philosophical and political theorizing that attempts to make sense of them. In doing so it brings out certain conceptual relations that emerge or recede as the context of resistance shifts. The first moment considers the dichotomy (...) between reform and revolution, the second moment delves into modes of reform, and the third looks to modes of revolution. Along the way the essay discusses the work of such varied figures and organizations as Rosa Luxemburg, John Rawls, Martin Luther King, Jr., Candice Delmas, Robin Celikates, Kimberlee Brownlee, Emma Goldman, Students for a Democratic Society and the Weather Underground, and the Black Panther Party and the Black Liberation Army. In the end, the essay is written in the service of understanding the stakes and presuppositions of resistance, in theory and practice. (shrink)

European Journal of Philosophy, EarlyView.

I discussed the ways in which folk psychology is influenced by the need for small-scale cooperation between people. I argue that considerations about cooperation and mutual benefit can be found in the everyday concepts of belief, desire, and motivation. I describe what I call "solution thinking", where a person anticipates another person's actions by first determining the solution to the cooperative problem that the person faces and then reasoning backwards to a prediction of individual action.

In his book On What Matters, Derek Parfit defends a version of moral non-naturalism, a view according to which there are objective normative truths, some of which are moral truths, and we have a reliable way of discovering them. These moral truths do not exist, however, as parts of the natural universe nor in Plato’s heaven. While explaining in what way these truths exist and how we discover them, Parfit makes analogies between morality on the one hand, and mathematics and (...) logic on the other. Moral truths “exist” in a way that numbers exist, and we discover these truths in a similar way as we discover truths about numbers. By the end of the second volume, Parfit also responds to a powerful objection against his view, an objection based on the phenomenon of moral disagreement. If people widely and deeply disagree about what is the moral truth, it is doubtful whether we have a reliable way of discovering it. In his reply, he claims that in ideal conditions for thinking about moral questions, we would all have sufficiently similar moral beliefs. However, we often find ourselves in less-than-ideal conditions due to various factors that distort our ability to agree. Therefore, differences in moral opinion can be expected. In this paper, I draw a connection between these parts of Parfit’s theory and comment on them. Firstly, I argue that Parfit’s analogy with mathematics and logic and his answer to the disagreement objection are in tension because there are important epistemic differences between morality and these fields. If one would try to account for the differences, one would have to sacrifice some measure of similarity between morality and them. Secondly, I comment on Parfit’s reply to the disagreement objection itself. I believe that, although his description of ideal conditions has some potential for reaching moral agreement, it may be difficult to tell if ideal conditions prevail. This obscurity spells further trouble for Parfit’s overall theory. (shrink)

Abstract: Might knowledge normatively govern conversations and not just their discrete constituent thoughts and (assertoric) actions? I answer yes, at least for a restricted class of conversations I call aimed conversations. On the view defended here, aimed conversations are governed by participatory know-how - viz., knowledge how to do what each interlocutor to the conversation shares a participatory intention to do by means of that conversation. In the specific case of conversations that are in the service of joint inquiry, the (...) view defended is that interlocutors (A, B, ... n) must intentionally inquire together into whether p, by means of an aimed conversation X, only if A,B, ... n know how to use X to find out together whether p. The view is supported by considerations about instrumental rationality, shared intentionality, the epistemology of intentional action, as well as linguistic data. (shrink)

In his poem ‘The Last Hours of Cassiodorus’, Peter Porter has the Christian sage ask: ‘After me, what further barbarisms?’. Yet, Cassiodorus himself accepted, even valorized, at least one form of barbarism that had been rejected by earlier rhetoricians: sardismos, the mixture of multiple languages in close proximity. In its earliest attestation, Quintilian classified it as a type of solecism. By contrast, five centuries later Cassiodorus in his Commentary on the Psalms used the term three times to praise the mixture (...) of Greek, Hebrew and Latin in the Latin Psalter. This reversal, from vice to virtue of speech, illustrates some significant changes in attitudes toward language and multilingualism that developed as Christianity reshaped Roman literary culture. For one, Christian preachers, modelling themselves on the plain style of the Gospels, embraced forms of speech that had been regarded as low and stigmatized. In the words of Augustine : ‘better you understand us in our barbarism than to have been deserted in our eloquence’.1 Secondly, Hebrew now entered the linguistic consciousness of the Roman literary elite as one of the three languages of Scripture. Even if in-depth knowledge remained rare, it was worthy of being mentioned alongside Greek and Latin, just as it had appeared with them in the inscription on Jesus’ cross. Lastly, linguistic variety itself came to be positively valued since it reflected the diversity of a church coming together out of many peoples. Commenting on the bride's appearance in Psalm 45, both Augustine and Cassiodorus saw the variegated adornment of her robe as a reference to the diversity of Christian languages. (shrink)

This article examines “Poem of the Eucharistic Bread” (1946) by the underappreciated twentieth-century Argentine Catholic poet Francisco Luis Bernárdez (1900-1978). It contends that “Poem of the Eucharistic Bread” is not only a poem about the Eucharist, but also a kind of allegory of the Eucharist, one whose poetic diction frames the process of poiesis as significantly analogous to the sacramental character of the Eucharist itself. In the process, the article also suggests that Bernárdez’s rare combination of poetic talent and theological (...) sensitivity ought to win him a wider readership among scholars interested in the relationship between literature and theology. (shrink)

This essay examines the image of the Eucharist in the poetry of the Peruvian writer César Vallejo. I argue that unlike his modernista forebears, Vallejo regularly employs the Eucharist not as an image of the ecstasy of sexual union, but instead as an image of guilt, melancholy, frustration, and loss. In one sense, such images can be read as deliberately blasphemous distortions of the Christian picture of the Eucharist Vallejo imbibed as a child. My central thesis, however, will be that (...) the same images can also be read, perhaps in part against Vallejo's own intentions, not as distortions of the Eucharist but as offering insights into the nature of the sacrament itself. I develop this thesis in two parts. First, I argue that despite the centrality to eucharistic theology of the themes of communion, spiritual intimacy, and “real presence”—themes that made it an almost irresistible poetic symbol of sexual desire—the Eucharist itself is also and fundamentally a sacrament of absence, delay, and failure. Second, I suggest that by drawing, however implicitly, on these latent elements of eucharistic theology, Vallejo's poetry opens up a space to think about certain aspects of the sacrament which the modernistas’ erotic exuberance tended systematically to obscure. (shrink)

Fostering a culture and climate of respect is a point of emphasis for the United States military. Yet, despite its clear commitment to the value of respect—and, more specifically, respect for human...

Giubilini and Minerva argue that the permissibility of abortion entails the permissibility of infanticide. Proponents of what we refer to as the Birth Strategy claim that there is a morally significant difference brought about at birth that accounts for our strong intuition that killing newborns is morally impermissible. We argue that strategy does not account for the moral intuition that late-term, non-therapeutic abortions are morally impermissible. Advocates of the Birth Strategy must either judge non-therapeutic abortions as impermissible in the later (...) stages of pregnancy or conclude that they are permissible on the basis of premises that are far less intuitively plausible than the opposite conclusion and its supporting premises. (shrink)

Tom Kelly argues that instrumentalist accounts of epistemic rationality fail because what a person has reason to believe does not depend upon the content of his or her goals. However, his argument fails to distinguish questions about what the evidence supports from questions about what a person ought to believe. Once these are distinguished, the instrumentalist can avoid Kelly’s objections. The paper concludes by sketching what I take to be the most defensible version of the instrumentalist view.

I explore the logic of ground. I first develop a logic of weak ground. This logic strengthens the logic of weak ground presented by Fine in his ‘Guide to Ground.’ This logic, I argue, generates many plausible principles which Fine’s system leaves out. I then derive from this a logic of strict ground. I argue that there is a strong abductive case for adopting this logic. It’s elegant, parsimonious and explanatorily powerful. Yet, so I suggest, adopting it has important consequences. (...) First, it means we should think of ground as a type of identity. Second, it means we should reject much of Fine’s logic of strict ground. I also show how the logic I develop connects to other systems in the literature. It is definitionally equivalent both to Angell’s logic of analytic containment and to Correia’s system G. (shrink)

John Rawls tells at the start of A Theory of Justice that his theory is intentionally constrained in two ways: it is ideal and focuses on the justice of the basic structure of society. This chapter begins by evaluating Rawls's claim that ideal theory sets the target of reform for nonideal theory, whose task it is to work out what to do “under less happy conditions.” It states that it is unclear just when ideal theory can inform the priorities of (...) nonideal theory. The chapter also presents discussions on whether the ideal theory is utopian and concessive to human nature. Even the kind of nonideal theory that delivers concrete action‐guidance for “us” remains unhelpfully ideal if it does so merely in the form of policies or institutional arrangements. (shrink)

New media (highly interactive digital technology for creating, sharing, and consuming information) affords users a great deal of control over their informational diets. As a result, many users of new media unwittingly encapsulate themselves in epistemic bubbles (epistemic structures, such as highly personalized news feeds, that leave relevant sources of information out (Nguyen forthcoming)). Epistemically paternalistic alterations to new media technologies could be made to pop at least some epistemic bubbles. We examine one such alteration that Facebook has made in (...) an effort to fight fake news and conclude that it is morally permissible. We further argue that many epistemically paternalistic policies can (and should) be a perennial part of the internet information environment. (shrink)

Some people think that grounding is a type of identity. And some people think that grounding connections hold necessarily. I show that, under plausible assumptions, if grounding is a type of identity, then grounding connections hold necessarily.

Dieses Buch ist ein Klassiker der Politikwissenschaft und bietet eine Einführung in die Prinzipien der Staatskunst. Adam Heinrich Müller erläutert die verschiedenen Aspekte der Politik, einschließlich der Macht, der Souveränität und der Verfassung. Eine genaue Analyse von Praxisbeispielen macht das Buch besonders wertvoll für Politiker, Wissenschaftler, Studenten und alle, die sich für Politik interessieren. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work (...) is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

If Savulescu's (2001, 2009) controversial principle of Procreative Beneficence (PB) is correct, then an important implication is that couples should employ genetic tests for non‐disease traits in selecting which child to bring into existence. Both defenders as well as some critics of this normative entailment of PB have typically accepted the comparatively less controversial claim about non‐disease traits: that there are non‐disease traits such that testing and selecting for them would in fact contribute to bringing about the child who is (...) expected to have the best life. We challenge this less controversial claim, not by arguing deductively for its falsity, but by showing that Savulescu's central argument for this presumably less controversial claim fails. Savulescu offers intelligence as the paradigm example of a testable non‐disease trait such that testing and selecting for it would increase the likelihood that the child selected would be the one who is expected to have the best life (or at least as good a life as the others). We provide a series of arguments aimed at demonstrating that Savulescu's argument from intelligence fails. If our arguments are successful, the upshot is not that PB is false, but more modestly, that the burden of proof remains squarely with Savulescu. (shrink)

Research Articles Adam Mossoff, Social Philosophy and Policy, FirstView Article.

The Christian intellectual tradition consistently affirms that God is present in and continues to speak through Scripture. These functions of the Christian Scriptures have been underexamined in contemporary philosophy of religion and philosophical theology. Careful attention to the phenomenon of shared attention is instructive for providing an account of these matters, and the shared attention account developed here provides a useful conceptual framework within which to situate recent work on Scripture by scholars such as Kevin Vanhoozer, Nicholas Wolterstorff, and Michael (...) Rea. (shrink)

Some rights are so important for human autonomy and well-being that many scholars insist they should not be waived, traded, or abandoned. Privacy is a recent addition to this list. At the other end of the spectrum is the belief that privacy is a mere unimportant interest or preference. This paper defends a middle path between viewing privacy as an inalienable, non-waivable, non-transferrable right and the view of privacy as a mere subjective interest. First, an account of privacy is offered (...) that clarifies the concept and demonstrates how privacy is directly related to human health and well-being. Second, along with considering and rejecting several accounts for why privacy might be considered an inalienable right, an argument is offered for why it is morally permissible to waive, transfer, abandon, or alienate privacy. (shrink)

Abstract:Humans often comply with social norms, but the reasons why are disputed. Here, we unify a variety of influential explanations in a common decision framework, and identify the precise cognitive variables that norms might alter to induce compliance. Specifically, we situate current theories of norm compliance within the reinforcement learning framework, which is widely used to study value-guided learning and decision-making. This framework offers an appealingly precise language to distinguish between theories, highlights the various points of convergence and divergence, and (...) suggests novel ways in which norms might penetrate our psychology. (shrink)

Church's Thesis (CT) was first published by Alonzo Church in 1935. CT is a proposition that identifies two notions: an intuitive notion of an effectively computable function defined in natural numbers with the notion of a recursive function. Despite the many efforts of prominent scientists, Church's Thesis has never been disproven. There exists a vast literature concerning the thesis. The aim of this book is to provide a one volume summary of the state of research on Church's Thesis. These include (...) the following: different formulations of CT, CT and intuitionism, CT and intensional mathematics, CT and physics, the epistemic status of CT, CT and philosophy of mind, provability of CT and CT and functional programming. Adam Olszewski, is assistant professor of the philosophy of mathematics and mathematical logic at the Department of Philosophy of Pontifical Academy of Theology, Cracow (Poland). Jan Wolenski is professor of philosophy, Institute of Philosphy, Jagiellonian University, Cracow (Poland). He is one of the most distinguished logicians in Poland. Robert Janusz is assistant professor in the Department of Philosophy of Ignatius College, Cracow (Poland). (shrink)

In his 2015 book, Valuing Health, the philosopher, Daniel Hausman, in referring to experienced utility maximization, touches on the question of whether people accept, and ought to accept, the assumption of health maximization vis-à-vis their own lives. This essay introduces Hausman’s arguments on experienced utility, before outlining the intellectual catalyst for the renewed interest in the maximization of experienced utility as an appropriate ethical rule; namely, the literature that arose in the 1990s that demonstrated that due to the so-called gestalt (...) characteristics, an individual’s retrospective and prospective assessments of an event—i.e. the remembered and decision utilities associated with that event—often systematically differ from the utility that he/she experiences or can reasonably expect to experience during the same event. The essay then touches upon some of the implications that this debate has on assuming that the maximization of quality-adjusted life years is the best way to judge the relative worth of different health profiles. To conclude, it is argued that, although contextual, it is sometimes important to consider in the policy discourse the apparent effects of the gestalt characteristics on remembered and decision utility. (shrink)

In this paper I will focus on the case of the discovery of parity nonconservation in weak interactions from the period spanning 1947–1957, and the lessons this episode provides for successful theory construction in HEP. I aim to (a) summarize the history into a coherent story for philosophers of science, and (b) use the history as a case study for the epistemological evolution of the understanding of weak interactions in HEP. I conclude with some philosophical lessons regarding theory construction in (...) physics. (shrink)

A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon from a lenient judicial sentence, which is not mercy by the law’s lights? These are questions about what mercy as it is understood in law has to do with mercy as it is understood outside of law, and about who in government acts mercifully and when, if indeed anyone in government ever does. Here I (...) propose a general analysis of mercy, then bring that analysis to bear on government action. Three features of my analysis are noteworthy. First, almost all existing analyses say that mercy is unconstrained in a normative sense, but I argue that mercy is unconstrained in the way that arbitrary power is unconstrained. Second, although it’s often assumed that mercy must be motivated by compassion, I show that mercy only requires acting with the intention to benefit the recipient. Third, my analysis says that mercy requires the giver of mercy to overcome a motivation to treat the recipient harshly. Given this analysis, few government acts are merciful, but pardon is an institutional approximation or analog of mercy. -/- . (shrink)

‘Race’ is a highly contested category. What is Race? Four Philosophical Views brings together four leading philosophers of race to advance their theories and engage with each other. The result is a must-read for any philosopher of race and a highly valuable resource for anyone trying to understand this important and complex topic.

What is the proper way to draw the semantics‐pragmatics distinction, and is what is said by a speaker ever enriched by pragmatics? An influential but controversial answer to the latter question is that the inputs to semantic interpretation contains representations of every contribution from context that is relevant to determining what is said, and that pragmatics never enriches the output of semantic interpretation. The proposal is bolstered by a controversial argument from syntactic binding designed to detect hidden syntactic structure. The (...) following contains an exposition and consideration of the argument. (shrink)

_ Source: _Volume 8, Issue 3, pp 208 - 222 Penelope Maddy claims that we can have no evidence that we are not being globally deceived by an evil demon. However, Maddy’s Plain Inquirer holds that she has good evidence for a wide variety of claims about the world and her relation to it. She rejects the broadly Cartesian idea that she can’t be entitled to these claims, or have good evidence for them, or know them, unless she can provide (...) a defense of them that starts from nowhere. She likewise rejects the more limited demand for a defense that makes use only of considerations that do not concern the world outside of her mind. She allows that some considerations about the world can be appealed to perfectly appropriately as fully adequate evidence in favor of other considerations about the world. So why can’t the Plain Inquirer rule out global skeptical hypotheses by producing evidence against them that depends upon other considerations about the world? Is there good reason for singling out global skeptical hypotheses such as _I am not being deceived by an evil demon_ as requiring a different kind of treatment? Considerations about epistemic asymmetry and epistemic circularity, as well as Wittgensteinian considerations about the relation between evidence and the real-world and human background context, all lead to the conclusion that there is not. (shrink)

Should the law recognize an elephant’s right to be released from solitary confinement? The New York State Court of Appeals—the highest court in the State of New York—will consider this question on May 18. At issue is an Asian elephant named Happy. But happy she is not. Every human being has a right to bodily liberty because they have strong interests that this right protects. Since Happy has the same strong interests, the Court should recognize Happy’s right to be freed (...) from solitary confinement. (shrink)