Book Review. Jos de Mul. The Tragedy of Finitude . Dilthey’s Hermeneutics of Life . New Haven and London: Yale University Press. 2004.

Book Review. Jesús Conill-Sancho. Ética hermenéutica. Crítica desde la facticidad. [Hermeneutic Ethics. The Critique of Facticity]. Madrid: Tecnos, 2006.

[Book Review] Rudolf Makkreel and Frithjof Rodi, eds. Wilhelm Dilthey. Selected Works vol. III: The Formation of the Historical World in the Human Sciences. Princeton, N.J.: Princeton University Press, 2002.

(2008). Editorial Board/Publication Information. History of European Ideas: Vol. 34, No. 3, pp. IFC-IFC.

INTERNATIONAL STUDIES IN THE PHILOSOPHY OF SCIENCE Volume 26 Number 1 March 2012 ARTICLES An Inferential Model of Scientific Understanding Mark Newman 1 Evidence and the Assessment of Causal Rela...

This article is a report on ongoing field research and the exponential growth of the environment in which sex workers, prostitutes, call girls, and escorts operate. We look at the complexity of the conditions of such work and consider the socio-psychological and media vectors that make up the context from which its actors and stereotypes emerge. With the explosion of websites offering virtual or real sex, there is also a continuation of oppressive and violent male practices in this sector, restricting (...) the freedom of choice for women who work professionally in this field. These practices reproduce the power relations and the exclusion that has always been present in society, and are also now more diffuse as virtual reality has come to play an important role in social practice. (shrink)

In Emotions, Values & Agency, Christine Tappolet develops a sophisticated, perceptual theory of emotions and their role in wide range of issues in value theory and epistemology. In this paper, we raise three worries about Tappolet's proposal.

When it was first published in France in 1961 as Folie et Déraison: Histoire de la Folie à l'âge Classique , few had heard of a thirty-four year old philosopher by the name of Michel Foucault. By the time an abridged English edition was published in 1967 as Madness and Civilization , Michel Foucault had shaken the intellectual world. This translation is the first English edition of the complete French texts of the first and second edition, including all prefaces and (...) appendices, some of them unavailable in the existing French edition. History of Madness begins in the Middle Ages with vivid descriptions of the exclusion and confinement of lepers. Why, Foucault asks, when the leper houses were emptied at the end of the Middle Ages, were they turned into places of confinement for the mad? Why, within the space of several months in 1656, was one out of every hundred people in Paris confined? Shifting brilliantly from Descartes and early Enlightenment thought to the founding of the Hôpital Général in Paris and the work of early psychiatrists Philippe Pinel and Samuel Tuke, Foucault focuses throughout, not only on scientific and medical analyses of madness, but also on the philosophical and cultural values attached to the mad. He also urges us to recognize the creative and liberating forces that madness represents, brilliantly drawing on examples from Goya, Nietzsche, Van Gogh and Artaud. The History of Madness is an inspiring and classic work that challenges us to understand madness, reason and power and the forces that shape them. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.4 (2001) 592-594 [Access article in PDF] John Earman. Hume's Abject Failure: The Argument Against Miracles. New York: Oxford University Press, 2000. Pp. xi + 217. Cloth, $39.95. Paper, $21.95. As his uncompromising title announces, John Earman considers Hume's famous account of miracles in the Enquiry Concerning Human Understanding to be an "abject failure." More than this, the author judges Hume's well-known arguments (...) to have failed in multiple ways. As he states in the opening paragraph: "It is not simply that Hume's [End Page 592] essay does not achieve its goals, but that his goals are ambiguous and confused." Hume's deliberations on this topic, Earman further contends, are unoriginal, and where original, insubstantial. Further, the logic of the position expressed in the essay "reveals the weakness and poverty of Hume's own account of induction and probabilistic reasoning." Finally, "the essay represents the kind of overreaching that gives philosophy a bad name." While there are occasional hints in the book that the author is himself not completely immune to this latter tendency, for the most part these bluntly stated objections to the famous essay are well supported. This book is a comprehensive and persuasive demolition of Hume's much vaunted claims about the credibility of miracle reports, and it issues a serious challenge to standard readings.Hume's Abject Failure is divided into two parts, the first of which takes the form of an analysis and critique of Hume's arguments. This eighty-page section is followed by another hundred pages of primary materials, mostly eighteenth-century, which address issues related to Hume's essay. It is clear from the format of the book that Earman intends to take seriously the intellectual context in which Hume's arguments first appeared. This a most welcome development. Many treatments of Hume's "Of Miracles" tend to be profoundly ahistorical. What becomes immediately apparent from a consideration of this context is the startling unoriginality of Hume's chief argument. The principle that uniform experience overrides testimony to the occurrence of a miracle was aired long before Hume claimed it as his own, although it can be conceded that in Hume's hands it took on a particularly persuasive form.More importantly, however, this is an argument which does not work. Earman claims that Hume would have been aware of this had he availed himself of the developing science of probability, and in particular Thomas Bayes's pioneering attempts to quantify degrees of belief and credibility. Hume's probabilistic arguments, even on the most charitable interpretation, simply fail the test of a Bayesian analysis, and a number of Earman's chapters forcefully demonstrate this. Having exposed the dubious nature of the argument based on competing testimony, Earman goes on to makes good his claim about the inadequacy of Hume's view of induction, showing how it would rule out not merely miracle testimony, but many empirical claims of the kind typically made in the sciences.It is perhaps a little unfair to charge Hume with having articulated a flawed argument the limitations of which only become obvious with the application of a sophisticated calculus unavailable to him. There is no evidence that Hume ever read Bayes. Earman points out that Richard Price, in his 1767 critique of the argument, drew Hume's attention to the possibility of a Bayesian approach, but Hume was apparently reluctant to incorporate quantification into subsequent editions of the Essay. Whether this amounts to a major failing on Hume's part is debatable. It is also worth noting that at times Earman seems to blur the contemporary distinction between "internal" and "external evidences" (miracles were instances of the latter). This distinction is important for understanding why Hume did not adopt the subjective notions of "miracle" of Locke and the Newtonians, and also why in section two of the Essay he deploys the 'contrary miracles' argument. There is also the puzzle as to how so acute a philosophical mind as Hume's could in this instance have... (shrink)

Silencing is usually explained in terms of conventionalism about the nature of speech acts. More recently, theorists have tried to develop intentionalist theories of the phenomenon. I argue, however, that if intentionalists are to accommodate the conventionalists' main insight, namely that silencing can be so extreme as to render certain types of speech act completely unavailable to victims, they must take two assumptions on board. First, it must be possible that speakers' communicative intentions are opaque to the speakers themselves. Secondly, (...) it needs to be assumed that structural oppression can have hidden psychological effects on its victims. Since both assumptions can be motivated independently, I argue that silencing can be fully understood without appealing to linguistic conventions. (shrink)

The Īśvarapratyabhijñā treatise—an important philosophical text composed in Kashmir in the 10th century CE by the Śaiva nondualist Utpaladeva—remains partly unavailable to date: a crucial component of this work, namely the detailed commentary (Vivṛti or Ṭīkā) in which Utpaladeva explained his own verses, is considered as almost entirely lost, since only a small part of it has been preserved in a single, very incomplete manuscript remarkably edited and translated by Raffaele Torella. However, our knowledge of the Vivṛti is quickly expanding: (...) many additional fragments have recently come to light. The article gives an overview of these new findings while highlighting the most interesting of them, i.e. the discovery of the lengthiest Vivṛti fragment known to date in the margins of a manuscript containing Abhinavagupta’s Vivṛtivimarśinī. It also provides an edition and translation of the beginning of this fragment. (shrink)

In a series of recent papers, Saul Smilansky has argued that compatibilists have no principled way of resisting the view that prepunishment is at least sometimes appropriate, thus revealing compatibilism to be a radical position, out of keeping with our ordinary moral judgments. Recent attempts to resist this conclusion seem to have overlooked the biggest problem with Smilansky’s argument, which is this: Smilanksy argues that the most obvious objection to prepunishment—namely, that it is inappropriate because it involves punishing the innocent (...) for crimes they have not committed—is unavailable to compatibilists. If compatibilism is true, he says, then if it is causally determined that someone is going to commit a crime, the fact that one has not yet done so is a mere temporal matter bearing no moral significance. I argue that there is no reason for compatibilists to accept this point. Compatibilists can (and should) resist Smilansky's claim that one’s not yet having committed a crime is morally insignificant and so resist the temptation to prepunish. (shrink)

When it was first published in France in 1961 as _Folie et Déraison: Histoire de la Folie à l'âge Classique_, few had heard of a thirty-four year old philosopher by the name of Michel Foucault. By the time an abridged English edition was published in 1967 as _Madness and Civilization_, Michel Foucault had shaken the intellectual world. This translation is the first English edition of the complete French texts of the first and second edition, including all prefaces and appendices, some (...) of them unavailable in the existing French edition. _History of Madness_ begins in the Middle Ages with vivid descriptions of the exclusion and confinement of lepers. Why, Foucault asks, when the leper houses were emptied at the end of the Middle Ages, were they turned into places of confinement for the mad? Why, within the space of several months in 1656, was one out of every hundred people in Paris confined? Shifting brilliantly from Descartes and early Enlightenment thought to the founding of the Hôpital Général in Paris and the work of early psychiatrists Philippe Pinel and Samuel Tuke, Foucault focuses throughout, not only on scientific and medical analyses of madness, but also on the philosophical and cultural values attached to the mad. He also urges us to recognize the creative and liberating forces that madness represents, brilliantly drawing on examples from Goya, Nietzsche, Van Gogh and Artaud. The _History of Madness_ is an inspiring and classic work that challenges us to understand madness, reason and power and the forces that shape them. (shrink)

In a series of recent papers, Justin Capes and Philip Swenson and Michael Robinson have proposed new versions of the flickers of freedom reply to Frankfurt-style cases. Both proposals claim, first, that what agents in FSCs are morally responsible for is performing a certain action on their own, and, second, that agents in FSCs retain robust alternative possibilities—alternatives in which the agent freely omits to perform the pertinent action on their own. In this paper, I argue that, by attending to (...) the details of the omissions in question, it becomes clear that agents in FSCs lack robust alternatives of this sort, for in the alternative sequences such agents do not freely omit. Since the problem for these recent proposals arises from their attempt to show that agents in FSCs retain robust alternatives, I go on to consider whether the flicker theorist might be better off either revising or rejecting the robustness requirement on alternative possibilities. I argue that neither alternative is available to the flicker theorist, and yet I also point out that the reasons why these alternatives are unavailable serve to highlight what exactly is at issue in the debate between leeway and sourcehood theorists, namely the grounds of our freedom. (shrink)

Michael Gill has argued that contemporary metaethics proceeds on the assumption that morality is uniform. I apply Gill’s diagnosis to the debate between cognitivism and non-cognitivism. I argue, on the basis of examples, that there is good reason to question the assumption that morality is semantically uniform. I describe the assumption as a symptom of what Wittgenstein has called the philosopher’s “craving for generality‘. I discuss several recent metaethical positions in which the question “Cognitivism or non-cognitivism?‘ appears as a false (...) dilemma. I conclude that these positions are still subject to the craving for generality. I defend a more radically Wittgensteinian approach to metaethics, in which the idea of family resemblances and an emphasis on differences between moral judgments are particularly important If morality is not necessarily to be thought of as semantically uniform, at least one important consequence follows. An omnipresent way of arguing in metaethics, namely arguing for cognitivism by arguing against non-cognitivism, becomes unavailable to the metaethicist. (shrink)

Much recent feminist theory tacitly subscribes to some version of what cognitive and evolutionary scientists are successfully undermining as untenably Cartesian, namely, the view that moral agency is achieved through the transcendence of physical causality guaranteed by self -consciousness. Appealing to Wittgenstein's insights concerning self - reference, I argue that abandoning Cartesian dualism implies abandoning neither subject nor moral agency but rather opens up nonandrocentric possibilities unavailable to the traditional model of mind.

On the definition of genre of Dostoevsky's works. The article mostly addresses Dostoevsk's own definitions of genres of his works, either explicated in the texts (subtitles, prefaces) or contained in the writer's letters; or rather the relationship between the scholarly strategies of defining genres and the writer's own view, as evidenced. by subtitles which, in some sense, are part of the text (in nearly, but not precisely, the same way as the titles themselves are). The writer's own definitions, then, can (...) be regarded as possible objects of the scholarly interpretation. Agreement, or lack thereof, between the author's and the scholars' definitions may be due both to similarity vs dissimilarity between the definition standards inherent in the respective epochs and to specific interpretation aspects. In the latter case, agreement is more cornman in studies focusing on vastly different problems unrelated to genre, whereas disagreement is more frequent in studies concerned with the genres of Dostoevsky's works. One of the reasons why his own definitions must be critically revisited is that certain titles of his workscan be basically viewed as subtitles or genre definitions insofar as they in some way define the variety of the text regardless of the underlying criterion: narrative, "discourse", type of source, genre, or genre variety. Indeed, both these subtitles and, sometimes, the writer's own genre definitions tum out to be pretense, an imitation of "standard" subtitles or genre definitions, respectively. Titles themselves sometimes look like subtitles, thus "exposing the device" and demonstrating this mimicry not merely by violating semantic and syntactic relations in the case of subtitles (sign/name/title/ subtitle and virtual reference/"reality" of text - and relationships such as those between title and subtitle; title and the principal text; and subtitle and principal text), but also by the fact that their position is "marked". Dostoevsky not just failed to follow his own "final genre definitions" within the text, as reflected in the subtitles, and not just changed them repeatedly in his letters, but in the official documents, too, he sometimes defined genres in a way which did not agree with either the subtitles or his own definitions given in his letters.Dostoevsky frequently changed the genre definitions not merely during his work on a text, which would be only natural, and not merely many years after it had been completed, published, revised, and republished (which might be ascribed to memory errors), but also shortly after the completed manuscript had been shipped to the publishers or after the text had been published or republished. While the logic underlying these changes must be studied and interpreted, it is evident that the scholars are often unable to accept the author's own "final genre definitions" both because these are often unavailable in subtitles, and because of the "Proteic" nature of their use by the writer in various contexts. (shrink)

On the definition of genre of Dostoevsky's works. The article mostly addresses Dostoevsk's own definitions of genres of his works, either explicated in the texts (subtitles, prefaces) or contained in the writer's letters; or rather the relationship between the scholarly strategies of defining genres and the writer's own view, as evidenced. by subtitles which, in some sense, are part of the text (in nearly, but not precisely, the same way as the titles themselves are). The writer's own definitions, then, can (...) be regarded as possible objects of the scholarly interpretation. Agreement, or lack thereof, between the author's and the scholars' definitions may be due both to similarity vs dissimilarity between the definition standards inherent in the respective epochs and to specific interpretation aspects. In the latter case, agreement is more cornman in studies focusing on vastly different problems unrelated to genre, whereas disagreement is more frequent in studies concerned with the genres of Dostoevsky's works. One of the reasons why his own definitions must be critically revisited is that certain titles of his workscan be basically viewed as subtitles or genre definitions insofar as they in some way define the variety of the text regardless of the underlying criterion: narrative, "discourse", type of source, genre, or genre variety. Indeed, both these subtitles and, sometimes, the writer's own genre definitions tum out to be pretense, an imitation of "standard" subtitles or genre definitions, respectively. Titles themselves sometimes look like subtitles, thus "exposing the device" and demonstrating this mimicry not merely by violating semantic and syntactic relations in the case of subtitles (sign/name/title/ subtitle and virtual reference/"reality" of text - and relationships such as those between title and subtitle; title and the principal text; and subtitle and principal text), but also by the fact that their position is "marked". Dostoevsky not just failed to follow his own "final genre definitions" within the text, as reflected in the subtitles, and not just changed them repeatedly in his letters, but in the official documents, too, he sometimes defined genres in a way which did not agree with either the subtitles or his own definitions given in his letters.Dostoevsky frequently changed the genre definitions not merely during his work on a text, which would be only natural, and not merely many years after it had been completed, published, revised, and republished (which might be ascribed to memory errors), but also shortly after the completed manuscript had been shipped to the publishers or after the text had been published or republished. While the logic underlying these changes must be studied and interpreted, it is evident that the scholars are often unable to accept the author's own "final genre definitions" both because these are often unavailable in subtitles, and because of the "Proteic" nature of their use by the writer in various contexts. (shrink)

On the definition of genre of Dostoevsky's works. The article mostly addresses Dostoevsk's own definitions of genres of his works, either explicated in the texts (subtitles, prefaces) or contained in the writer's letters; or rather the relationship between the scholarly strategies of defining genres and the writer's own view, as evidenced. by subtitles which, in some sense, are part of the text (in nearly, but not precisely, the same way as the titles themselves are). The writer's own definitions, then, can (...) be regarded as possible objects of the scholarly interpretation. Agreement, or lack thereof, between the author's and the scholars' definitions may be due both to similarity vs dissimilarity between the definition standards inherent in the respective epochs and to specific interpretation aspects. In the latter case, agreement is more cornman in studies focusing on vastly different problems unrelated to genre, whereas disagreement is more frequent in studies concerned with the genres of Dostoevsky's works. One of the reasons why his own definitions must be critically revisited is that certain titles of his workscan be basically viewed as subtitles or genre definitions insofar as they in some way define the variety of the text regardless of the underlying criterion: narrative, "discourse", type of source, genre, or genre variety. Indeed, both these subtitles and, sometimes, the writer's own genre definitions tum out to be pretense, an imitation of "standard" subtitles or genre definitions, respectively. Titles themselves sometimes look like subtitles, thus "exposing the device" and demonstrating this mimicry not merely by violating semantic and syntactic relations in the case of subtitles (sign/name/title/ subtitle and virtual reference/"reality" of text - and relationships such as those between title and subtitle; title and the principal text; and subtitle and principal text), but also by the fact that their position is "marked". Dostoevsky not just failed to follow his own "final genre definitions" within the text, as reflected in the subtitles, and not just changed them repeatedly in his letters, but in the official documents, too, he sometimes defined genres in a way which did not agree with either the subtitles or his own definitions given in his letters.Dostoevsky frequently changed the genre definitions not merely during his work on a text, which would be only natural, and not merely many years after it had been completed, published, revised, and republished (which might be ascribed to memory errors), but also shortly after the completed manuscript had been shipped to the publishers or after the text had been published or republished. While the logic underlying these changes must be studied and interpreted, it is evident that the scholars are often unable to accept the author's own "final genre definitions" both because these are often unavailable in subtitles, and because of the "Proteic" nature of their use by the writer in various contexts. (shrink)

The ancient sources tell a particular story about the destiny of the works of Aristotle and Theophrastus after Theophrastus' death. According to information provided mainly by Strabo and Plutarch, the texts produced by the Peripatetic school were lost and unavailable during a period of more than two hundred years, from the time of Neleus, the heir of Theophrastus' library, until Sulla's victory in Athens, in 86b.c., at the end of his campaign against Mithridates. That was the point at which the (...) private library of a famous bibliophile was confiscated: Apellicon of Teos, who at some time at the beginning of the first centuryb.c.had acquired the autograph papyri that contained the only copies of Aristotle's and his disciple's works. Sulla, so these sources maintain, recovered then for later generations the so-called ‘esoteric writings’ of Aristotle, and this prepared the ground for the general diffusion of Aristotelian thought, and for the work of Andronicus of Rhodes, whose name has gone down in history as the author of theeditio princepsof theAristotelian Corpus. (shrink)

Much recent feminist theory tacitly subscribes to some version of what cognitive and evolutionary scientists are successfully undermining as untenably Cartesian, namely, the view that moral agency is achieved through the transcendence of physical causality guaranteed by self-consciousness. Appealing to Wittgenstein's insights concerning self-reference, I argue that abandoning Cartesian dualism implies abandoning neither subject nor moral agency but rather opens up nonandrocentric possibilities unavailable to the traditional model of mind.

The problem that this essay will address is that of devising a viable use for psychological and intentional terms, in short, discourse concerning what-it-is-to-be-a-subject or "subjecthood" in light of, first, Derrida's deconstruction of the transcendental subject and, second, the materialist claim that recent advances in science effectively antiquate any viable role in empirical psychology for the use of terms traditionally associated with mind. I will argue that Wittgenstein's remarks concerning, among other things, the use of psychological terms, private mental objects (...) and the application of psychological terms to non-humans not only provides a clear and important connection between Derrida and contemporary materialism but that, supplemented by Daniel Dennett's intentional stance, offers an alternative model for the use of such terms in empirical psychological investigation. I will call this model a 'grammar of subjecthood'. ;Central to my argument is the claim that, as opposed to being conceived as names for mental objects or states, psychological terms are best understood as descriptive metaphors for the relationship between an organism and its bio/socio/historical context. That is, the Wittgensteinian notion of subjecthood describes a heuristic that, applied to behavior, provides information to empirical psychologists unavailable on a materialist model of explanation. A grammar of subjecthood, then, is both openly anthropomorphic, yet consistently naturalist, enlisting Dennett's intentional stance as an expansion of Wittgenstein's basic strategy. ;The success of such a strategy cannot be measured by showing in what way human beings are to be essentially distinguished from other organisms, but by how much more sense can be made out of something's behavior by speaking of it in terms of, for example, beliefs and intentions. Anything could be treated as a subject; the issue here is to what it is useful to apply such attributes. (shrink)

To provide basic health care services in rural areas is one of the major challenges for developing countries like Bangladesh because of lack of infrastructures and unavailability of qualified medical doctors in the villages. Telemedicine viewed as a new way of offering health care services that has the potential to overcome this problem. Author is a member of extended group at Dhaka University (DU) which has been developing telemedicine equipment and data acquisition software to promote telemedicine practice in Bangladesh. PC (...) based ECG equipment, Digital stethoscope, Digital microscope, Digital X-ray view box and some other essential medical equipment was developed for telemedicine services. The data acquisition software establishes an easy and appropriate patients to doctor interaction through a trained operator in a remote center that involve management and arrangement of consultation of a chosen and agreeing doctor by a patient. Upon establishing audio-visual connection between patient and doctor relevant physiological data from different diagnostic instruments will be uploaded securely in a dedicated web server which can be viewed real time using unique patient/doctor ID and password. Recently the Telemedicine group of DU and a local NGO named SAMAMA with support from Service innovation fund (SIF) of Prime Minister Office (PMO) of Bangladesh took the initiative to establish eight rural telemedicine centers and one expert center for the field trial of telemedicine in Bangladesh. The aim of this paper is to examine the ethical challenges of such health care system and our effort to overcome those problem before starting the field trial. (shrink)

It is important to specify terms – the truth is conformity of a word to a thing or an event, whereas a lie is making the truth unavailable to someone who has the right to it. John Paul II promoted the essential truth that a man is God’s creation; God knows what is good for his creation; human person is God’s image, then should act in such a manner that the image is clear. Faith has moral dimension-it is moral dimension. (...) It is the source of practical involvement which remains in harmony with faith. The principles of one’s conduct are God’s commandments, whereas individualistic ethics, practised in the spirit of illusory freedom, prevents us from discovering the only certain truth-God. Contemporary crisis of society is that faith is rejected and as a result there is breaking off the essential and constitutive bond between the truth and freedom. In economy we can see that the truth in one’s conduct cannot withstand the style of the present geared towards profit. It is proper that the Church supports profit but the profit cannot be the only regulator of a company’s life. There are still human and moral factors. Economic growth should respect human values. Freedom in the economic and social area cannot be torn out from the truth about a human being. The meeting of the Church and the workers’ movement in 1980 showed that it is possible to demand ethics in economy in the name of the truth of a human being-then the civilisation of love is created with its main principles: a person before a thing, more important to be than to have, ethics before technology, mercy before justice, defeat evil with good. Problems existing in this area cannot be disregarded. The matter is important and urging – otherwise, as Pope Leo XIII said in the Encyclical Rerum Novarum, delaying would make evil incurable. (shrink)

continent. 1.1 (2011): 60-67. At the beginning of Martin Heidegger’s lecture “Time and Being,” presented to the University of Freiburg in 1962, he cautions against, it would seem, the requirement that philosophy make sense, or be necessarily responsible (Stambaugh, 1972). At that time Heidegger's project focused on thinking as thinking and in order to elucidate his ideas he drew comparisons between his project and two paintings by Paul Klee as well with a poem by Georg Trakl. In front of Klee's (...) Saints from the Window and Death of Fire —though we wouldn’t absolutely understand what we were seeing—he writes, “we should want to stand…a long while.” In a similar manner, of Trakl’s poem “Septet of Death”—although it is likely we are unsure in what we hear—Heidegger states that, “we should want to hear…[it] often.” Heidegger further states that in appreciating these, “we “should abandon any claim that [they] be immediately intelligible” (1). So also we must we approach, Heidegger continues, the realm of theoretical physics, in which the difficult work of Werner Heisenberg, be listened to “without protest” and without “any claim that he be immediately understood.” These works, like his own project, merit the time they take to be originally (mis)understood. But this is not necessarily true for philosophy, Heidegger advises, because, “That thinking is supposed to offer ‘worldly wisdom’ and perhaps even a ‘way to a blessed life’” (1). Philosophy is in the unique position of being both abstract (what do we talk about when we talk?) and at the same moment, useful. There are demands that it make sense, that it be, grounded, immediate, and most importantly, rational. Heidegger draws these comparisons between the works of Klee and Trakl and Heisenberg not to claim that philosophy is totally irresponsible. He does not claim that the poet, the painter, nor the physicist have acted irresponsibly. Rather, he would say, they are rising to the highest levels of intelligibility, though it is perhaps an intelligibility that is commonly unavailable to us. In Trakl’s case, as we shall see, mastery is the end result of difficult words. Instead, Heidegger seems be making pleas: for a period of uninterrupted unintelligibility (pure unintelligibility); and that there is a time (that time is now) when, “thinking is…placed in a position which demands of it reflections that are far removed from any useful, practical wisdom” (1-2). Heidegger argues that philosophy requires a period of time in which, instead of focusing on the practical—or even on the worldly—the discipline draw its “determination” instead from the place of painting and poetry and physics. In doing so, “we should have to abandon any claims to immediate intelligibility” (2). But Heidegger doesn’t offer this as a way out. We still have to turn up, we “still have to listen, because we must think what is inevitable, but preliminary” (2). The point for Heidegger, is not to listen to a series of propositions, but instead to “follow the movement of showing” (2). I. … Maybe we're here only to say: house, bridge, well, gate, jug, olive tree, window— at most: pillar, tower … but to say them, remember, oh, to say them in a way that the things themselves never dreamed of existing so intensely.… Rainer Maria Rilke, “The Ninth Elegy” There is little more fundamental, preliminary, in the world than language. We use language, in the form of speech, constantly, whether we are saying anything or not. “Man speaks,” Heidegger writes, and goes on to describe in his essay “Language” (2001) the constant speaking that we do. “We are always speaking, even when we do not utter a single word aloud, but merely listen or read, and even when we are not particularly speaking or listening but are attending to some work or taking a rest” (187). Speaking is expression, an utterance of something internal. It is a recognition of a world. It is a way of communicating thought and it is an activity that we all do, inevitably. Speaking separates the human from the animal world, and despite advances in primatology that seek to give ‘voice’ to primates and other non-human animals, it can safely be said that our form of communication—what we call speech and know as language—is the most advanced, the most complicated. We use it to present and represent the world around us; through actual utterances (vocalization) or through the written word or through ‘unvoiced thoughts’ and dreams. We use language, but more specifically speech—naming—to transmit moods, thoughts, desires, aversions, and feelings. These expressions, mere utterances, nearly always find a source in words, whether spoken or not. Heidegger writes that this common view of language means “that only speech enables man to be the living being he is as man. It is as the one who speaks that man is—man” (187). Speaking then—utterance—surrounds us constantly, whether in the form of careful thought—in the form of an academic paper, say—or in the half mutterings and forgotten thoughts of a nearly remembered dream. Like scaffolding, the apparatus of speech sustains and explains the world, making, in a sense, the world rational, making it apparent. When we speak, we describe, and in doing so, name the world. We use words, through this process of naming, to interpret and sustain the world we see, and the world we imagine. Like Rilke’s naming of jug, and bridge, and window, and stream, we describe—and inscribe upon—the world through an activity of naming. Are we here, perhaps, to name? Is it possible not to name? Is it possible to regard and to view and to look around without naming what we see? Is it possible to feel—to experience—world without giving utterance to that feeling, that process? Sadness, grief, joy, ecstasy, hunger, thirst. Desk, light, room, pen, book, world. White, black, tomorrow, today. Each of these words is a name given to a thing I see in front of me, or a concept that I imagine (in the case of tomorrow or world). What arises in my mind has already existed. If I imagine it, it is named. The word for ‘tomorrow’ and ‘desk’ and ‘light’ precedes me, and precedes my concept of it. The idea of it is already pre-informed, and I must, in a certain sense, bend my ideas to it. When I imagine a table, I imagine my own table (or I imagine an idea of table) but that imagining must follow certain general rules; while, perhaps, it might not always require four legs and a horizontal surface, it must, at least not be, say, a pool of water, or a pile of excrement. It must have some tableness to it to be a table. It must, with Heidegger, table. Otherwise, speech is reduced to gibberish. For Heidegger however, the discussion of language points to something deeper than its “scientific and analytic” study as a communicative device. Indeed, Heidegger seeks to understand language not in reference to man or woman, not as an utterance of humanity, but in reference to itself. In doing so he abandons the conversation—that is, he casts away the traditional arguments surrounding philosophy of language; that it is a means of expression; that it is a human activity; and that it is somehow a representation of something that is—in order to seek to understand language as language, on its own terms. Heidegger is not a philosopher of language, but a philosopher of world, of being. Despite these “correct ideas” holding sway “over the whole field of the varied scientific perspectives on language…they ignore completely the oldest natural cast of language” (191). What is this “oldest natural cast of language? It is the act of language itself. Language is language and language speaks. “Most often,” Heidegger writes, “and too often, we encounter what is spoken only as the residue of a speaking long past” (195). Speech, as we normally encounter it, is like Echo herself calling out to Narcissus, doomed to repeat what has already been said, a mere remnant of what was once language, a trace left behind in the gathering silence of becoming. In both the essay “Language” and in his three lecture course “The Nature of Language” (1982), Heidegger attempts to unpack the seeming tautology of language as language. In each, he focuses on poetry as a way out, or into, a true discussion of the oldest natural cast of language. Poetry is pure speech. In poetry, language is brought to language and language speaks ( Die Sprach spricht ). In the act of poetry, the act of pure speech, the poet names (on the surface not different from how I name this table, this computer) but in the poet naming, the naming does not “hand out titles,” “apply terms,” but rather the naming is a call, a calling forth of entities that bring them into their own, allow them to take their place purely, without compromise. This calling, Heidegger (2001) states, “here calls into a nearness. But even so the call does not wrest what it calls away from the remoteness, in which it is kept by the calling there. The calling calls into itself and therefor always here and there—here into presence, there into absence” (196). II. Window with falling snow is arrayed, Long tolls the vesper bell, The house is provided well, The table is for many laid. Wandering ones, more than a few, Come to the door on darksome courses. Golden blooms the tree of graces Drawing up the earth’s cool dew. Wanderer quietly steps within; Pain has turned the threshold to stone. There lie, in limpid brightness shown, Upon the table bread and wine. Georg Trakl “A Winter Evening” Heidegger is often given short shrift as an abysmally difficult writer, as one that makes no sense and is needlessly difficult. In doing this though, we forget sometimes his eloquence, his simple beauty in writing. Of the above opening stanza, “Window with falling snow is arrayed/ Long tolls the vesper bell.” he writes (2001), This speaking names the snow that soundlessly strikes the window late in the waning day, while the vesper bell rings. In such a snowfall, everything lasts longer. Therefore the vesper bell, which daily rings for a strictly fixed time, tolls long. The speaking names the winter evening time (197). The speaking names the winter evening time. It is almost impossible to comment on that one line by Heidegger. It is as though it must exist on its own completely, without elucidation—as though in front of it we must stand as we do in front of a painting by Klee, that is, we must abandon any claim . Silent and devoted. The speaking of the poem here is not clearly different from common speech ( rede ) yet there is, via Heidegger, an invitation to experience that auracular quality of light and stillness that a gentle, dusk tinged snowfall gives; words evoking a quality so clear, so poignant that, in a sense, Heidegger’s work, at this moment, has been done. But what does this naming accomplish? What does the call call? Remember, it is not the poet that calls, but the naming which calls. The poet has only brought the words forward; it is now the words— snow, vesper bell, window— that take new life in the pure language of the poem. Entities are called forth into presence, like the speaking that names the winter evening time. Not to be present amongst us now, however; naming ‘table’ in the poem does not place it in front of us in this room. Rather, the naming places entities into a gathering which is also a sheltering. The naming brings them to be. In an act of appropriation, things come to be purely as their own, unimpeded by a predetermined expectation. They are called to themselves into an arrival. In Being and Time (1962), Heidegger famously describes the movement between present-at-hand and ready-to-hand in his analysis of the hammer, and of equipment in general. This analysis is already known, if not always clear, to most readers of Heidegger. Briefly, a hammer is ordinarily zuhanden or ready-to-hand; it is part of the background of the world, equipment used and never thought about, like this desk, this sheet of paper, this room. Our interaction with it is temporary and it is historically different for each entity and each relation. We need a hammer, we use a hammer. If all goes according to plan, the hammer remains ready-to-hand; it remains, in a sense, undisclosed and certainly unobtrusive. Our world is undisturbed by the hammer. Only when the hammer or the car or the computer is broken (or sometimes unused or unrecognized or missing) does it intrude into our world, become conspicuous as an object present-at-hand, or vorhanden . In this case, we reach for the hammer, it is broken and we suddenly notice it’s being, broken though it is. The thing which was always ready to hand—handy—is suddenly abstract, something to be examined, if only in its absence or disfunction. This can be exhibited for all entities, and it is important to note that in this analysis the zuhanden / vorhanden split is not restricted to a specific form of constructed material; zuhanden does not refer to the car, and vorhanden the sunset. No entity is ever exclusively ready-to-hand or present-at-hand; they are instead, interpenetrated with each others mode of being, one informing the other in a way that both brings things forth into the world—discloses is the word Heidegger chooses—and at the same time conceals them. As one mode is coming to be so another mode is withdrawing. This flux and movement between modes is precisely what brings the world forward, and what makes it manifest. It exists beyond where we tread and before man took dubious control of the world. We go to find a book or turn on the computer and it is missing or broken and we become aware of the object, as though for the first time. We walk to the water to glimpse the sunset and miss it, or it is less than stellar; in the sunset’s grayness, we become aware of it’s being sunset. The thing is disclosed in its withdrawal. Echoing Heraclitus, we can say that as something is coming to be, it is already becoming something other. Of similar importance to the fact that things are never all of one, or all of the other, they are also never alone. The hammer is never a single object, but is in relation always to the whole. Heidegger (1962) states, Equipment—in accordance with its equipmentality—always is in terms of its belonging to other equipment: ink-stand, pen, ink, paper, blotting pad, table, lamp, furniture, windows, doors, room. These ‘Things’ never show themselves proximally as they are for themselves…What we encounter as closest to us…is the room; and we encounter it not as something ‘between four walls’ in a geometrical, spatial sense, but as equipment for residing…it is in this that any ‘individual’ item of equipment shows itself. Before its does so, a totality of equipment has already been discovered (97). Equipment resides—dwells—in its relations, in its proximal being to other beings. Within the structure of totality, a series of relations is always occurring. The hammer is on the workbench in the carpenter’s hand in the workshop in the village under the sky and under the sun. It doesn’t stop there. Equipment surrounds us and the focus is not on what it does, or what one does with it—the carpenter with the hammer, the writer with laptop—but with the fact that it is. Equipment occurs in relation and is always occurring around us overhead, underfoot, by the stream and in the city. There is a constant exchange of relations happening, and as this occurs, so the world occurs, so the world both discloses and withdraws, into and out of itself. In a very real sense, language is also equipment. It is the thing that we use most often without thought, it is ready-to-hand (except when it’s not.) As we re- cognize the world around us, as we offer names for things and make lists, we are using language much like we might use a hammer, that is, bluntly. Most of the time it is invisible and we draw on it without wondering how we are going to say something. When language does intrude, it does so in an awkward moment, that moment when we can’t remember the right word, when we forget a phrase. At that second, it “speaks itself as language,” it reveals itself as malfunctioning equipment, and we “undergo” an experience with language, in Heidegger’s famous formulation. Language is not a tool anymore that we use to bludgeon an object, but something instead that we submit to, that we experience. In “The Nature of Language,” Heidegger (1982) writes, But when does language speak to us as language? Curiously enough, when we cannot find the right word for something that concerns us, carries us away, oppresses or encourages us. Then we leave unspoken what we have in mind and, without rightly giving it a thought, undergo moments in which language itself has distantly and fleetingly touched us with its essential being (59). The poet’s words become themselves, become appropriate, only when they no longer function in the prosaic world; they instead intrude as they come to be. Language itself brings itself to language. Names, like the entities they indicate, are always becoming something else. As noted above, language, through the poet, has brought forth entities from words previously “known.” I thought that I knew snow, but through Trakl’s re- presentation of the word, language calls forth a new image of snow, indeed calls forth snow itself. The vesper bell tolls longer, the table is for many laid. In bringing forth things , language has brought the world to presence. In everyday naming, word occludes world, preventing, in its everydayness, its coming forth, its disclosing. But what is this world that word has been brought forth into? In the same way that language speaks, world worlds. World, left alone, un-interfered with, comes into itself. It worlds. Again, this sounds like a tautology, but it is essential to Heidegger’s thought (and in my mind is more of a “god killer” than Nietzsche.) One of the most overlooked (and under-appreciated) aspects of Heidegger is his later examination and enthusiasm for the “fourfold,” or the system through which things come to be, through which things thing in a world worlding. The fourfold is the interaction of earth and sky, mortals and gods. Things come to be in the interstices and gathering of the fourfold. The fourfold provides both a place of being, and a sheltering, a place to dwell. Heidegger writes that “the things that were named, thus called, gather to themselves sky and earth, mortals and divinities. The four are united primally in being toward one another, a fourfold.” The poet has called, through the act of pure naming, things to come forth. In the purity of the fourfold—that is, when that is all that there is, when there are no other distractions, definitions, things—entities themselves can come to be. It is important to note that Heidegger is not saying that there are four formal things in the world, autonomous entities unto themselves. He is not evoking a pre-Socratic formula as to what makes up the world; instead, the four mirror each other constantly. (Heidegger calls this the ‘mirror-play.’) They interpenetrate in the same way that the modes of being of things interpenetrate themselves. There is no discrete exclusivity in being or the fourfold. What makes up things is not a precise recipe of the four main components; what makes up things is the action of the fourfold coming together, the movement of the fourfold which is a becoming. Heidegger (2001) writes that “this gathering, assembling, letting stay is the thinging of things.” And he later adds that “thinging, things are things. Thinging, they gesture—gestate—world” (197). Language brings the world to be. It works not again as a recipe added to things, but instead it is a bridge, or more precisely, a relation. Language relates world to thing, brings world to thing. In a sense, it does not say anything; rather it allows, or calls in its movement. Heidegger (2001) writes that, The intimacy of world and thing is not a fusion. Intimacy obtains only where the intimate—world and thing—divides itself cleanly and remains separated. In the midst of the two, in the between of world and thing, in their inter, division prevails: a dif-ference (199). It is in this inter that language prevails. Language is difference, it is the differential aspect between world and thing that brings world to thing. In the final stanza of Trakl’s poem “The Winter Evening,” Trakl evokes this difference in the second line when he writes, “Pain has turned the threshold to stone.” Christopher Fynsk, in his essay “Noise at the Threshold,” draws attention to this point when he writes “it is the figure of the threshold that is language itself, inasmuch as language is defined as the articulation of difference by which difference comes about” (25). Language, as used in the pure language of the poem, draws together world and thing, bridging relation between entity and world. The calling of language calls world to thing, world to being. Heidegger (2001) describes this difference as unique; “of itself, it holds apart the middle in and through which world and things are at one with each other” (200). III. Neither reading nor writing, nor speaking—and yet it is by those paths that we escape what has been said already, and knowledge, and reciprocity, and enter the unknown space, the space of distress where what is given is perhaps not received by anyone (99). Maurice Blanchot The Writing of Disaster So far, we have allowed Heidegger to put forward what language does, how it functions as a relation and how it operates as a threshold, as a bridge. What interests me is what happens beyond language, beyond the relation. What happens to the thing without the naming, without the poet, or even without the everyday chatter—Fynsk calls this ‘noise’—intruding on being? If language allows things to become by bringing thing to world, what happens when we remove this bringing, this threshold turned to pain? In “The Nature of Language,” Heidegger examines the work of the poet Stefan George, specifically “The Word”: Wonder or dream from distant land I carried to my county’s strand And waited till the twilight norn Had found the name within her bourn— Then I could grasp it close and strong It blooms and shines now the front along… Once I returned from happy sail, I had a prize so rich and frail, She sought for long and tidings told: “No like of these depths unfold.” And straight it vanished from my hand, The treasure never graced my land… So I renounced and sadly see: Where word breaks off no thing may be. That final line, “Where word breaks off no thing may be” is evoked on nearly every page of Heidegger’s essay. It is the line to which he returns over and over and bears repeating. Where word breaks off no thing may be. Where naming ends, no thing. We can interpret this in two ways (at least.) Where word—naming—breaks off, then there is nothing . Or, as I choose to read it, where word breaks off no thing may be. In this I see a hint forward, a marker left behind by Heidegger. What could this look like? What does no thing look like? Like a zen koan ( there is no mirror ) it is as thrilling and horrifying as contemplating what preceded the Big Bang. Because language as naming wasn’t always here; we weren’t always here. One or maybe two aspects of the fourfold (depending on your view of gods) were not always here, and there is no guarantee that we will always be around. What then? Heidegger (1982) describes the landscape that the poet finds, “It names the realm into which the renunciation must enter: it names the call to enter into that relation between thing and word which has now been experienced” (65). The poet, in renouncing, allows for the “may be” of “where word breaks off no thing may be.” This “may be” becomes “a kind of imperative, a command which the poet follows, to keep it from then on.” No thing is lacking. Where word breaks off, there may be, a totality, a completion. If we place the emphasis on may be , we make it affirmative, make it positive. One allows it. No thing is where the word, that is the name, is lacking. If we remove then (if we can remove) the word, the name, than that is where no thing is, that is where no thing may blossom, enrich, belong, become. What is no thing? Heidegger writes that “thing is anything that in any way is.” And just after this he writes that the “world alone gives being to the thing.” But what happens if there is no word? Word, in this formulation can be seen as an enframing, a challenging of language. By naming, by drawing a perimeter around an object, we hold it, by its definition (that is a brick) to an ordered future. If we borrow from Heidegger’s essay “The Question Concerning Technology” (1993) the idea of this standing-reserve of an ordered future, we see that “everywhere everything is ordered to stand by, to be immediately on hand, indeed to stand there just so that it may be on call for a further ordering” (322). What happens if there is no naming of the thing? Silence perhaps. Stillness. We can name—and do name—that which we know. We equate knowledge with knowing the name of something. A brick is a brick, a hammer is a hammer, the universe is the universe. By naming a thing, we create, and draw its parameters, the parameters of the thing, not as thing thinging in the fourfold, but as blunt object apparent. In the four dimensions relatively available to us, we observe (and name) that the brick takes up possibly six by four by two inches and is, in the sense that it currently occupies this time slot. It fulfills its destiny, its being, its brickness, it bricks . But what happens when we remove the name for this brick. We no longer know what to call this no-thing (if indeed we can even arrive at the point of uncalled calling.) In fact the it (this brick) is no longer a thing in the sense that by not naming—by removing the name—it still occupies the same dimension but is indiscernible from the world. It simply is , un-reliant, un- needed by me. By removing the subject (me) from it (the brick) do I not then also remove the object—or at least the duality objectifying it? Why is this important? Why does this matter? I have not really removed anything. I have not changed any thing , per se . The brick still occupies the same space in geographic and temporal dimensions. I have literally not even touched the brick sitting on my desk. But what I have done is removed the name, removed the word (the bridge, according to Heidegger) and in this (again, if this is even possible) there is something vertiginously liberating, not only for me (and my way of thinking) but also for the brick itself. Like the poet who calls the thing forward, by refusing to name, by avoiding any thing that demands me to name it, I release the thing into the fourfold. I am no longer challenging the thing to be there for me ; I do not en frame it through language. Rather I, in an act of extreme responsibility, am refusing the challenge. By refusing the name (refusing to name) one allows, (or no one allows no thing) the brick to be all things , to manifest its manifold being, to incorporate all things into its thinging . It becomes, quite literally, every thing . Because, in its infinite manifestness, it incorporates everything; the mud that gave it its current being, the water that formed the mud, the sun, the stars, the universe and it also allows it to become mud again, to become landfill, to become again, water and sun and stars and universe in an endless, infinite cycle of coming to be some thing (else). Perhaps this is what Heidegger is suggesting when he talks about the stillness at the end of his essay, “Language” (2001): The dif-ference stills particularly in two ways: it stills the things in thinging and the world in worlding. Thus stilled, thing and world never escape from the dif-ference. Rather, they rescue it in the stilling, where the dif-ference is itself the stillness (206). It is in this stillness that I can imagine a gellasenheit (here I mean both “releasement in the Heideggarean sense, as well as Meister Eckhart’s use of the term meaning “letting the world go and giving oneself to God”) of thing and world, a releasing into the stillness and silence of no thing beyond where word breaks off. It is here where I may no longer be, and yet no thing is, but may be. (shrink)

Two centuries after Edmund Burke published his Reflections on the Revolution in France, his name and reputation stand alongside Locke, Montesquieu, and Hume - the other still-cited grand political thinkers of the eighteenth century. For those great nations that have fallen into what Burke called "the antagonist world of madness, discord, vice, confusion and unavailing sorrow," the work of Burke supplies that sense of order, justice and freedom the present age seems to require. This volume by Peter Stanlis has grown (...) out of almost four decades of studying Burke. Today, Professor Stanlis is called by Russell Kirk "the leading American authority on the political thought of the great conservative reformer." The book is divided into three categories: Burke on law and politics; Burke's criticism of Enlightenment rationalism and sensibility; and Burke's theory of revolution and critique of the English revolution of 1688. Stanlis' reasons' for linking Burke to the English Revolution rather than the later, and admittedly more decisive American and French Revolutions of his own time, is that for Burke, that earlier event was the normative pivot for judging how to make important changes in civil society. Indeed, even in his writings on the contemporary revolutions of his time,. Stanlis reminds us that Burke interpreted revolutionary events in France and Americas through the prism of the bloodless Revolution of 1688. (shrink)

In his recent book 'Pleonastische Propositionen' Matthias Schürmann presents and defends an account of propositions as pleonastic entities. In this paper I challenge one of his main claims, namely that pleonastic propositions are ontologically dependent on thinkers. I argue that Schürmann's dependence claim is in tension with core tenets of a pleonastic account and, hence, unavailable for an elaboration of what it means that pleonastic entities are ontologically lightweight.

Analyzing and evaluating legal case reports are labor-intensive tasks for judges and lawyers, who usually base their decisions on report abstracts, legal principles, and commonsense reasoning. Thus, summarizing legal documents is time-consuming and requires excellent human expertise. Moreover, public legal corpora of specific languages are almost unavailable. This paper proposes a transfer learning approach with extractive and abstractive techniques to cope with the lack of labeled legal summarization datasets, namely a low-resource scenario. In particular, we conducted extensive multi- and cross-language (...) experiments. The proposed work outperforms the state-of-the-art results of extractive summarization on the Australian Legal Case Reports dataset and sets a new baseline for abstractive summarization. Finally, syntactic and semantic metrics assessments have been carried out to evaluate the accuracy and the factual consistency of the machine-generated legal summaries. (shrink)

Being in a state of confusion is, unfortunately, an ordinary part of human experience. What is going on in our heads exactly, when we are confused about something? Surely, there are many different ways of being confused, but in his engaging new book Talking About, Elmar Unnsteinsson takes on the special case of what he calls identity confusion. He suggests that understanding what happens when we are in a state of identity confusion – and what kinds of things this confusion (...) allows us to, or inhibits us from doing – will dissolve Frege's puzzle. And more importantly, it will pave the road to a new theory of reference which relies on what he calls the Edenic Constraint – a constraint that makes acts of reference unavailable to victims of identity confusion. I argue that this account is convincing if the Edenic Constraint is restricted to certain cases of combinatory confusion – namely those that involve conflicting intentions – but that it is less plausible that the reference mechanism fails in cases of combinatory confusion that don't involve conflicting intentions, or in any cases of separatory confusion. (shrink)

A transcript of three lectures, given at Princeton University in 1970, which deals with (inter alia) debates concerning proper names in the philosophy of language.

Fodor and LePore's attack on conceptual role semantics relies on Quine's attack on the traditional analytic/synthetic and a priori/a posteriori distinctions, which in turn consists of four arguments: an attack on truth by convention; an appeal to revisability; a claim of confirmation holism; and a charge of explanatory vacuity. Once the different merits of these arguments are sorted out, their proper target can be seen to be not the Traditional Distinctions, but an implicit assumption about their superficial availability that we (...) have abundant reason to reject. Once we reject it, we can see how issues of the absorbtion of conventions, the revisability of belief, and confirmation holism are compatible with the Traditional Distinctions, and that Quine's discussion only serves to camouflage the question of whether some confirmation relations are constitutive of meaning and knowable a priori. (shrink)

Fodor and LePore's attack on conceptual role semantics relies on Quine's attack on the traditional analytic/synthetic and a priori/a posteriori distinctions, which in turn consists of four arguments: an attack on truth by convention; an appeal to revisability; a claim of confirmation holism; and a charge of explanatory vacuity. Once the different merits of these arguments are sorted out, their proper target can be seen to be not the Traditional Distinctions, but an implicit assumption about their superficial availability that we (...) have abundant reason to reject. Once we reject it, we can see how issues of the absorbtion of conventions, the revisability of belief, and confirmation holism are compatible with the Traditional Distinctions, and that Quine's discussion only serves to camouflage the question of whether some confirmation relations are constitutive of meaning and knowable a priori. (shrink)

Fodor and LePore's attack on conceptual role semantics relies on Quine's attack on the traditional analytic/synthetic and a priori/a posteriori distinctions, which in turn consists of four arguments: an attack on truth by convention; an appeal to revisability; a claim of confirmation holism; and a charge of explanatory vacuity. Once the different merits of these arguments are sorted out, their proper target can be seen to be not the Traditional Distinctions, but an implicit assumption about their superficial availability that we (...) have abundant reason to reject. Once we reject it, we can see how issues of the absorbtion of conventions, the revisability of belief, and confirmation holism are compatible with the Traditional Distinctions, and that Quine's discussion only serves to camouflage the question of whether some confirmation relations are constitutive of meaning and knowable a priori. (shrink)

Several philosophers including Kripke have contended that fictional entities do exist as abstract objects, and fictional names refer to such abstract entities. Kripke and Thomasson compare fictional entities to existing social entities. Kripke also reflects on fictions inside fictions to support his view. Many philosophers appeal to the apparent fact that we quantify over fictional entities. Such arguments in favor of the existence of fictional entities are critically scrutinized. It is argued that they are much less compelling than their proponents (...) suggest and involve various obscurities. (shrink)

Naming or names (ming 名) is one of the key concepts in Daodejing (道德經). According to a popular understanding, names in Daodejing correspond to features (xing 形) of things; ordinary things have names, but Dao is featureless and nameless. What is missing, however, is atheory of the relationship between names and features explaining why ordinary things have names but Dao does not. In this paper, I develop a theory of names in Daodejing that explains how names relate to things and (...) their features. According to this theory, a name corresponds to a feature that is shared by a group of things, and names provide identity conditions for individuating ordinary things. Further, this theory implies that the various descriptions of Dao in Daodejing do not include names; therefore, talking about Dao while insisting that it is unnamable is not committed to any paradox. (shrink)

This contribution to the volume explains predicativism, including reasons that favour it and different versions of it. What all predicativist theories have in common is the claim that a proper name is a general, predicative term, with a hidden determiner in its single use.

Monroe C. Beardsley's unavailability argument is one of the most underrated anti‐intentionalist arguments in the philosophy of interpretation. The main idea of this argument is that, since independent evidence of authorial intent is normally unavailable, the literary interpreter should focus on what a text means rather than on what the author intends it to mean. In this article I propose a revised version of the argument to show that the unavailability of authorial intent suffices to make actual intentionalism untenable as (...) a recommendation for finding out textual meaning. (shrink)

In this study of events and their places in our language and thought, Bennett propounds and defends views about what kind of item an event is, how the language of events works, and about how these two themes are interrelated. He argues that most of the supposedly metaphysical literature is really about the semantics of their names, and that the true metaphysic of events--known by Leibniz and rediscovered by Kim--has not been universally accepted because it has been tarred with the (...) brush of a false semantic theory. (shrink)