In a little over two hundred years, American legal thought moved from premodernism through modernism and into postmodernism. This book charts that intellectual voyage, stressing both the historical contexts in which ideas unfolded and the inherent force of the ideas themselves.Author Stephen M. Feldman first defines "premodernism," "modernism," and "postmodernism," then explains the development of American legal thought through these three intellectual periods. His narrative revolves around two broad, interrelated themes: jurisprudential foundations and the notion of progress. He (...) points out that much of American legal thought has grappled with the problem of identifying the foundations of the American judicial system and judicial decision making. The various ideas of jurisprudential foundations, moreover, are closely tied to shifting notions of progress-the definition of the term, assumptions about the possibility of progress, and hopes about how law might contribute to it.This book's broad historical sweep and its clear explanations of the competing theoretical positions of current legal scholarship make it indispensable to students and scholars of jurisprudence and American legal history. (shrink)

Critics of Hans-Georg Gadamer maintain that his philosophical hermeneutics is unduly conservative: supposedly, Gadamer too readily accepts tradition and too quickly assumes that a text has a unified and understandable meaning. Critics of Jacques Derrida, meanwhile, declare that deconstruction leads to nihilism: if the meaning of every text is undecidable, then a text can mean anything at all - no one meaning is better or worse than any other. And if there is no ground to stand upon, these critics add, (...) then how can we normatively evaluate others? In this essay, I respond to the critics of both Gadamer and Derrida by arguing that philosophical hermeneutics and deconstruction should be understood as complementary postmodern philosophies, as mutually supportive descriptions of the hermeneutic situation. As such, deconstruction counters the charge that philosophical hermeneutics is conservative: instead, a Derridean view uncovers the radical political potential that resides within Gadamer's philosophical hermeneutics. Meanwhile, philosophical hermeneutics counters the charge that deconstruction is nihilistic and cannot support ethical or political critique. A Gadamerian view explains how deconstruction assumes the possibility of understanding meaning and maintaining values that can engender critique. Key Words: deconstruction • Derrida • Gadamer • hermeneutics • justice • philosophical hermeneutics • postmodernism. (shrink)

Jeremy Waldron, The Harm in Hate Speech, 304 pp. The city of St. Paul, Minnesota, enacted a hate speech ordinance: Whoever places on public or privat...

This essay argues that Hans-Georg Gadamer's philosophical hermeneutics, Jürgen Habermas's communication theory, and Jacques Derrida's deconstruction all fit together within one philosophical paradigm: metamodernism. Metamodernism, as defined, is opposed to both modernism and radical forms of postmodernism. Within metamodernism, a political conundrum provides the key clue for understanding the relations among Gadamer, Habermas, and Derrida as well as for elaborating the contours of the paradigm. Specifically, the political implications of the three philosophies are intransitive: they seem to shift around rather (...) than being in fixed relations to each other. So, for instance, Gadamer sometimes seems to the political right of both Habermas and Derrida, but then, at different times, he stands between them, and then again, at other times, he seems to be to the left of both. This political paradox suggests that the traditional political categories of liberalism and conservatism do not suitably reflect the critical positions within metamodernism. Gadamer, Habermas, and Derrida are far more concerned with explaining the possibility and techniques of interpretive and social critique, while remaining true to the metamodernist paradigm, rather than fitting themselves into the traditional liberal or conservative political camps. (shrink)

This collection of recent articles by leading scholars is designed to illuminate one of the greatest and most influential philosophical books of all time. It includes incisive commentary on every major theme and argument in the Meditations, and will be valuable not only to philosophers but to historians, theologians, literary scholars, and interested general readers.

How might epistemology build upon its past and present, so as to be better in the future? Epistemology Futures takes bold steps towards answering that question. What methods will best serve epistemology? Which phenomena and concepts deserve more attention from it? Are there approaches and assumptions that have impeded its progress until now? This volume contains provocative essays by prominent epistemologists, presenting many new ideas for possible improvements in how to do epistemology. Contributors: Paul M. Churchland, Catherine Z. Elgin, Richard (...) Feldman, A. C. Grayling, Stephen Hetherington, Christopher Hookway, Hilary Kornblith, Mark Kaplan, William G. Lycan, Adam Morton, Jonathan M. Weinberg, Linda Zagzebski. (shrink)

Climate change and other global environmental problems constitute a significant challenge to contemporary political philosophy, especially with respect to complacency. This paper assesses Rawls? theory, and argues for three conclusions. First, Rawls does not already solve such problems, and simple extensions of his theory are unlikely to do so. This is so despite the rich structure of Rawls? philosophy, and the appeal of some of its parts. Second, the most promising areas for extension ? the circumstances of justice, the duty (...) to maintain and promote just institutions, and his vision of social development ? are those that have not yet been explored. Third, unfortunately, Rawls? views on these topics are both seriously underdeveloped, and largely stipulative. Hence, in trying to meet climate change, Rawlsians are more likely to add new theories to Rawls, and perhaps even to transform his original account, than to generate an approach ?from the inside out? (shrink)

The choice of emphasis in kinship studies has often resulted in incompatible theoretical models of kinship that are mutually undermining and contradictory. Jones' attempts to reconcile disparate approaches to kinship using OT is useful, however; seeing kinship as a specialized system for representing genealogy may be unwarranted in the light of recent advances in mathematical approaches to kinship terminologies.

This chapter contains sections titled: Coda: Getting Something Back Notes.

This book develops a contemporary model of spiritual struggle aimed at perpetual ascent to and in God. Spiritual struggle in this project, which ultimately shifts the emphasis from virtue's acquisition to its pursuit, is defined as the exertion of effort in all conceivable dimensions-physical, emotional, psychological, intellectual, and spiritual-with intent to attain a semblance of, knowledge of, and intimacy with Jesus Christ in community, for God and for others. Gregory of Nyssa's theory of epektasis assumes a basic three-tiered conception of (...) perpetual ascent, beginning with purification and detachment from fleshly passions, strengthening the soul by increasing in similitude to God, and ending with unity with God, that is, with inexpressible and transformative experience of God. God-the infinite, the Good, and the Paragon of virtue-functions as the orienting principle of this perpetual ascent, mitigating the issues of the unity of the virtues and the self-centeredness and self-effacement of virtue. This book goes on to provide two of many potential concrete instantiations of this suggested model. The first is the application of this model to the body, which in turn will have implications for contemporary sexual ethics. The second is a reintegration of ethics and Scripture through the contemporary application of an ancient Patristic lectio divina. (shrink)

First, we question whether Cramer et al.'s proposed network model can provide a viable scientific foundation for investigating comorbidity without invoking latent variables in some form. Second, the authors' claim that the network perspective is radically different from a latent variable perspective rests upon an undemonstrated premise. Without being demonstrated, we think the premise is potentially misleading.

This long-awaited work by prominent Harvard psychologist Stephen Kosslyn integrates a twenty-year research program on the nature of high-level vision and mental ...

Guilt and forgiveness, with their attendant philosophical and religious ramifications, permeate writing on the Holocaust and can also be related to South Africa’s recent history and present situation. Two controversial and provocative books (both possibly autobiographical) which tackle the question of guilt and forgiveness head on are Simon Wiesenthal’s The Sunflower and Bernhard Schlink’s The Reader, both of which have led to much debate. The central event in both texts is the slaughter of innocents, burned to death in a building (...) during World War II, while the perpetrators (an SS officer who tells his story in The Sunflower and a concentration camp warder who refuses to tell hers in The Reader) either kill those trying to escape or totally ignore the screams of the victims. The reader has to decide whether it is plausible that years later these murderers feel genuine guilt and, if so, whether they should be forgiven – and by whom. The Reader can be seen as the obverse of The Sunflower. The two should be read in conjunction for an intriguing view of the human psyche, the dichotomy in the soul of a person preceding and succeeding his/her horrific deeds, and the questions arising of whether death can be faced by the wicked with a clear conscience, whether the fear of meeting one’s Maker engenders belated remorse, whether one changes if found out, and whether ignorance of mind betokens evil of soul which can be overcome with learning and insight. (shrink)

Climate change is a global problem that is predominantly an intergenerational conflict, and which takes place in a setting where our ethical impulses are weak. This "perfect moral storm" poses a profound challenge to humanity. This book explains how the "perfect storm" metaphor makes sense of our current malaise, and why a better ethics can help see our way out.

Business Ethics is designed to meet the scope and sequence requirements of the single-semester business ethics course. This title includes innovative features designed to enhance student learning, including case studies, application scenarios, and links to video interviews with executives, all of which help instill in students a sense of ethical awareness and responsibility."--OpenStax.

What might a theory of mental imagery look like, and how might one begin formulating such a theory? These are the central questions addressed in the present paper. The first section outlines the general research direction taken here and provides an overview of the empirical foundations of our theory of image representation and processing. Four issues are considered in succession, and the relevant results of experiments are presented and discussed. The second section begins with a discussion of the proper form (...) for a cognitive theory, and the distinction between a theory and a model is developed. Following this, the present theory and computer simulation model are introduced. This theory specifies the nature of the internal representations (data structures) and the processes that operate on them when one generates, inspects, or transforms mental images. In the third, concluding, section we consider three very different kinds of objections to the present research program, one hinging on the possibility of experimental artifacts in the data, and the others turning on metatheoretical commitments about the form of a cognitive theory. Finally, we discuss how one ought best to evaluate theories and models of the sort developed here. (shrink)

On the traditional view, moral distress arises only in cases where an individual believes she knows the morally right thing to do but fails to perform that action due to various constraints. We seek to motivate a broader understanding of moral distress. We begin by presenting six types of distress that fall outside the bounds of the traditional definition and explaining why they should be recognized as forms of moral distress. We then propose and defend a new and more expansive (...) definition of moral distress and examine how it can enable the development of a taxonomy of moral distress. (shrink)

It is widely assumed that disability is typically a bad thing for those who are disabled. Our purpose in this essay is to critique this view and defend a more nuanced picture of the relationship between disability and well-being. We first examine four interpretations of the above view and argue that it is false on each interpretation. We then ask whether disability is thereby a neutral trait. Our view is that most disabilities are neutral in one sense, though we cannot (...) make simple generalizations about disability's relationship to well-being in other important senses. After defending this view, we discuss its practical implications for selective abortion for disability, nondisabled people's interactions with disabled people, and the use of QALYs in health policy. (shrink)

This paper describes an operational computer simulation of visual mental imagery in humans. The structure of the simulation was motivated by results of experiments on how people represent information in, and access information from, visual images. The simulation includes a “surface representation,” which is spatial and quasi‐pictorial, and an underlying “deep representation,” which contains “perceptual” information encoding appearance plus “propositional” information describing facts about an object. The simulation embodies a theory of how surface images are generated from deep representations, and (...) how surface images are processed when one accesses information embedded in them. The simulation also offers an account of various sorts of imagery transformations. (shrink)

It is widely recognized that lives and activities can be meaningful or meaningless, but few have appreciated that they can also be anti-meaningful. Anti-meaning is the polar opposite of meaning. Our purpose in this essay is to examine the nature and importance of this new and unfamiliar topic. In the first part, we sketch four theories of anti-meaning that correspond to leading theories of meaning. In the second part, we argue that anti-meaning has significance not only for our attempts to (...) theorize about meaning in life, but also for our ability to lead meaningful lives in the modern world. (shrink)

Very few moral philosophers have written on climate change.1 This is puzzling, for several reasons. First, many politicians and policy makers claim that climate change is not only the most serious environmental problem currently facing the world, but also one of the most important international problems per se.2 Second, many of those working in other disciplines describe climate change as fundamentally an ethical issue.3.

This collection gathers a set of central papers from the emerging area of ethics and climate change.

I critically examine the semantic view of theories to reveal the following results. First, models in science are not the same as models in mathematics, as holders of the semantic view claim. Second, when several examples of the semantic approach are examined in detail no common thread is found between them, except their close attention to the details of model building in each particular science. These results lead me to propose a deflationary semantic view, which is simply that model construction (...) is an important component of theorizing in science. This deflationary view is consistent with a naturalized approach to the philosophy of science. (shrink)

The peculiar features of the climate change problem pose substantial obstacles to our ability to make the hard choices necessary to address it. Climate change involves the convergence of a set of global, intergenerational and theoretical problems. This convergence justifies calling it a 'perfect moral storm'. One consequence of this storm is that, even if the other difficult ethical questions surrounding climate change could be answered, we might still find it difficult to act. For the storm makes us extremely vulnerable (...) to moral corruption. (shrink)

“[T]he Precautionary Principle still has neither a commonly accepted definition nor a set of criteria to guide its implementation. “There is”, Freestone … cogently observes, “a certain paradox in the widespread and rapid adoption of the Precautionary Principle”: While it is applauded as a “good thing”, no one is quite sure about what it really means or how it might be..

The so-called Disability Paradox arises from the apparent tension between the popular view that disability leads to low well-being and the relatively high life-satisfaction reports of disabled people. Our aim in this essay is to make some progress toward dissolving this alleged paradox by exploring the relationship between disability and various “goods of life”—that is, components of a life that typically make a person’s life go better for her. We focus on four widely recognized goods of life (happiness, rewarding relationships, (...) knowledge, achievement) and four common types of disability (sensory, mobility, intellectual, and social) and systematically examine the extent to which the four disability types are in principle compatible with obtaining the four goods of life. Our findings suggest that that there is a high degree of compatibility. This undermines the widespread view that disabilities, by their very nature, substantially limit a person’s ability to access the goods of life, and it provides some guidance on how to dissolve the Disability Paradox. (shrink)

The concept of representation has become almost inextricably bound to the concept of symbol systems. the concepts is nowhere more prevalent than in descriptions of "internal representations." These representations are thought to occur in an internal symbol system that allows the brain to store and use information. In this paper we explore a different approach to understanding psychological processes, one that retains a commitment to representations and computations but that is not based on the idea that information must be stored (...) and manipulated in symbol systems. In particular, we suggest that the notion of a symbol system as currently understood construes psychological processes in terms of a specific type of computational system, in which a control function "reads," "interprets," and manipulates discrete entities called "symbols." We argue that other types of computational systems may provide a more appropriate characterization of psychological processes. One implication of our argument is the need to consider the constraints placed on computational theories in psychology by the nature of the computing device itself, the human brain. Perhaps surprisingly, this implication leads us to the conclusion that a "functionalist" conception of psychological processes (discussed below) does not entail that physiology is irrelevant to psychology, as has been maintained by prominent adherents of the symbol-systems approach. (shrink)

This essay introduces and defends a new analysis of prudential value. According to this analysis, what it is for something to be good for you is for that thing to contribute to the appeal or desirability of being in your position. I argue that this proposal fits well with our ways of talking about prudential value and well-being; enables promising analyses of the related concepts of luck, selfishness, self-sacrifice, and paternalism; preserves the relationship between prudential value and the attitudes of (...) concern, love, pity, and envy; and satisfies various other desiderata. I also highlight two ways in which the analysis is informative and can lead to progress in our substantive theorizing about the good life. (shrink)

Fisher’s 1918 paper accomplished two distinct goals: unifying discrete Mendelian genetics with continuous biometric phenotypes and quantifying the variance components of variation in complex human characteristics. The former contributed to the foundation of modern quantitative genetics; the latter was adopted by social scientists interested in the pursuit of Galtonian nature-nurture questions about the biological and social origins of human behavior, especially human intelligence. This historical divergence has produced competing notions of the estimation of variance ratios referred to as heritability. Jay (...) Lush showed that they could be applied to selective breeding on the farm, while the early twin geneticists used them as a descriptive statistic to describe the degree of genetic determination in complex human traits. Here we trace the early history of the heritability coefficient now used by social scientists. (shrink)

It seems better to have a life that begins poorly and ends well than a life that begins well and ends poorly. One possible explanation is that the very shape of a life can be good or bad for us. If so, this raises a tough question: when can the shape of our lives be good or bad for us? In this essay, I present and critique an argument that the shape of a life is a non-synchronic prudential value—that is, (...) something that can be good or bad for us in a way that is not good or bad for us at any particular time. After distinguishing two interpretations of ‘the shape of a life’, I argue that the first type of shape can be good or bad for us at particular moments while the other cannot be good or bad for us at all. This suggests that the shape of a life gives us no reason to posit non-synchronic prudential values. (shrink)

Disability and enhancement are often treated as opposing concepts. To become disabled in some respect is to move away from those who are enhanced in that same respect; to become enhanced is to move away from the corresponding state of disability. This chapter examines how best to understand the concepts of disability and enhancement in this symmetrical way. After considering various candidates, two types of accounts are identified as the most promising: welfarist accounts and typical-functioning accounts. The authors ultimately defend (...) a complex typical-functioning account as the best way to achieve a symmetrical understanding of disability and enhancement. (shrink)