The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

If there is one doctrine distinctively associated with legal positivism, it is the separability of law and morality. Both in opposition to classical natural-law thinkers and in response to more recent theorists such as Ronald Dworkin and Lon Fuller, positivists have endeavored to impugn any number of ostensibly necessary connections between the legal domain and the moral domain. Such is the prevailing view of legal positivism among people familiar with jurisprudence. During the past couple of decades, however, that prevailing view (...) has come into question among some estimable legal positivists. In particular, Joseph Raz and his followers have queried the importance and the very tenability of an insistence on the separability of law and morality. The present article maintains that the traditional view of legal positivism is correct and that the recent skepticism about it on the part of some positivists is unfounded. When the notion of the disjoinability of law and morality is understood properly as a large array of theses, it proves to be resistant to the challenges that have been mounted against it. (shrink)

Preview: 2020, the year the coronavirus pandemic spread globally, marked the twenty-fifth year since the publication of Pierre Hadot’s work Philosophy as a Way of Life. In that time, what began as the research specialization of just a few scholars has become a growing area of philosophical and metaphilosophical inquiry, bringing together researchers from around the globe. Hadot’s key ideas of spiritual exercises, and the very idea of PWL, have been applied to a host of individual thinkers from across the (...) history of philosophy: from the Hellenistic and Roman-era philosophers of direct concern to Hadot, through renaissance thinkers like Petrarch, Lipsius, Montaigne, Descartes, or Bacon, into nineteenth-century thinkers led by Schopenhauer, Kierkegaard, and Nietzsche.In more recent years, more global reflections on the “very idea” of PWL have begun to emerge, as well as dedicated journal editions. In these more recent PWL studies, some of the manifold research questions have begun to be explored, which were opened up by the studies of Pierre and Ilsetraut Hadot, as well as its reception in Michel Foucault’s later work. What implications, after all, does understanding the history of PWL, and the predominance of this metaphilosophical conception in the history of Western thought, have for how we understand the practice of philosophy today? Does recovering the alternative understandings of philosophy as a practice in history necessarily lead to a criticism of contemporary, solely academic or theoretical modes of philosophizing, or is the idea of PWL one which has only historiographical force? (shrink)

ABSTRACTIn clinical circles, the concept of “moral injury” has rapidly gained traction. Yet, from a moral philosophical point of view the concept is less clear than is suggested. That is, in current conceptualizations of moral injury, trauma’s moral dimension seems to be understood in a rather mechanistic and individualized manner. This article makes a start in developing an adequately founded conceptualization of the role of morality in deployment-related distress. It does so by reviewing and synthesizing insights from different disciplines into (...) morality and trauma. This discussion will lead to three positions: values and norms are by definition characterized by conflict, moral conflict may entail important social dimensions, and moral conflict may lead to altered beliefs about previously held values. These insights provide important steps in further developing conceptions of the role of morality in deployment-related suffering. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Historical Narratives and the Meaning of NationalismLloyd KramerThe vast, expanding literature on nationalism may well defy every generalization except a familiar, general theme of intellectual history: texts about nationalism have always drawn their perspectives and passions from the evolving political and cultural contexts in which their authors have lived. Modern accounts of nationalism show the unmistakable traces of political, military, and cultural conflicts in every decade of the twentieth (...) century—from the era of nationalist rivalries before World War I to the redefinitions of gender, literature, and history that have emerged in contemporary postmodernism, postcolonialism, and multiculturalism.This connection between the texts of nationalist scholarship and the modern contexts of politics and culture suggests why historical narratives of nationalism have become part of the history of nationalism itself. Nationalism’s scholarly interpreters cannot easily separate themselves from the objects of their analysis, and their interpretations are often as diverse and fragmented as the nations they describe. This essay enters the debate on nationalism, describes recurring themes in the historical literature, and replicates a key characteristic of the historiography by stressing that the complexity of nationalism and its interpreters resists every simplifying, comprehensive definition. Histories of nationalism provide a striking example of how the history of ideas never reaches a point of uncontested closure and never finally escapes the political and cultural contexts in which all historical narratives are produced.Like most analysts of nationalism, I assume that it is one of the decisive forces in modern history and that its significance demands careful, critical analysis. It also calls for always incomplete definitions, one of which can be drawn from the German historian Peter Alter. Nationalism is “both an ideology and a political movement which holds the nation and sovereign nation-state to be crucial indwelling values, and which manages to mobilize the political will of [End Page 525] a people or a large section of the population.”1 Nationalist ideas are thus a distinctive form of modern thought that shapes the political actions and cultural identities of individuals as well as groups. The meanings of nationalism and national identity typically depend on various dichotomies that define the nation in terms of its differences from other places or people—the dynamic process of identity formation that has received wide attention in contemporary cultural studies. My own view of the “oppositional” structures in nationalist thinking coincides with the concise description by Peter Sahlins: “National Identity is a socially constructed and continuous process of defining ‘friend’ and ‘enemy’.... National identities... do not depend on the existence of any objective linguistic or cultural differentiation but on the subjective experience of difference.”2 Sahlins thus assumes that something called national identity is “there,” but he also insists that national consciousness is a “constructed” identity. Nationalism, in short, does not express or reflect a natural, primordial reality.The assumption that nationalisms are historical rather than natural phenomena shapes most of the scholarly literature, so that the study of nationalism leads to historical analysis rather than to biology or physical geography. Although there have been countless historical studies of nationalism in different periods, cultures, and conflicts,3 my discussion will refer to a small number of narratives that have made especially significant theoretical claims about the nature of nationalism. There is of course no way to analyze such theories without exclusions and generalizations, which I shall provide by focusing mostly on works about Europe and dividing the patterns of historical analysis into the following broad categories: (1) the description of nationalism as a central component of modernization, reflecting and also shaping intellectual, cultural, economic, social, and political transitions from premodern to modern history; (2) the claim that nationalisms are modern religious movements, related to but also displacing earlier religions; (3) the argument that nationalism is a linguistic, literary construction that depends on new forms of communication, intellectuals, and narratives; (4) the description of nationalism as a discourse of gender and ethnicity that shapes individual identities and also expresses anxieties about sexuality, culture, and respectability; and (5) the argument that nationalisms can be divided into categories (good/bad, Western/Eastern, [End Page 526] political/cultural) and phases that represent sharp differences in the development of modern... (shrink)

Research in face recognition has tended to focus on discriminating between individuals, or “telling people apart.” It has recently become clear that it is also necessary to understand how images of the same person can vary, or “telling people together.” Learning a new face, and tracking its representation as it changes from unfamiliar to familiar, involves an abstraction of the variability in different images of that person's face. Here, we present an application of principal components analysis computed across different photos (...) of the same person. We demonstrate that people vary in systematic ways, and that this variability is idiosyncratic—the dimensions of variability in one face do not generalize well to another. Learning a new face therefore entails learning how that face varies. We present evidence for this proposal and suggest that it provides an explanation for various effects in face recognition. We conclude by making a number of testable predictions derived from this framework. (shrink)

This article investigates the relationships between forms of humor that conjure up possible worlds and real-world social critiques. The first part of the article will argue that subversive humor, which is from or on behalf of historically and continually marginalized communities, constitutes a kind of aesthetic experience that can elicit enjoyment even in adversarial audiences. The second part will be a connecting piece, arguing that subversive humor can be constructed as brief narrative thought experiments that employ the use of fictionalized (...) scenarios to facilitate an open, playful attitude, encouraging a space for collaborative interpretation. This interaction between humorist and audience is an aesthetic experience that is enjoyable in and of itself, as the feelings of mirth are intrinsically valuable. But connected to the “Ha-ha!” experience of these sorts of humorous creations is an “Aha!” or potentially revelatory experience that is a mixture of cognitive comprehension and motivated (emotional) response. The third part of the article will attempt to go beyond the consciousness-raising element with an account of how such possible worlds created in the realm of imagination through subversive humor can bleed into the real world of flesh and blood people. Finally, an example of subversive humor will be analyzed. (shrink)

Whitehead ignorierte Fichte, und beider Denk- und Darstellungsweisen sind auf den ersten Blick vollkommen verschieden. Dennoch bestätigen sie einander in der für beide zentralen Lehre von der untrennbaren Verbundenheit von Erkennen, Handeln, Fühlen und Selbstbewußtsein. Versucht man aber diese Lehre konsequent als schlechthin apriorische Einsicht zu verstehen, so löst sie sich unweigerlich in leere Redewendungen auf. Die tiefe Bedeutung, um die es durchaus bereits bei Fichte geht, kommt der Einsicht in die Einheit des Menschen in Erkennen, Handeln, Fühlen und Selbstbewußtsein (...) eigentlich erst dann zu, wenn man wie Whitehead die Last des rein aprioristischen Denkens abwirft. (shrink)

In this major new work, Matthew Kramer seeks to establish two main conclusions. On the one hand, moral requirements are strongly objective. On the other hand, the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. Moral realism - the doctrine that morality is indeed objective - is a moral doctrine. Major new volume in our new series _New Directions in Ethics_ Takes on the big picture - defending the objectivity of ethics whilst rejecting the (...) grounds of much of the existing debate between realists and anti-realists Cuts across both ethical theory and metaethics Distinguished by the quality of the scholarship and its ambitious range. (shrink)

Throughout the English-speaking world, and in the many other countries where analytic philosophy is studied, Hillel Steiner is esteemed as one of the foremost contemporary political philosophers. This volume is designed as a festschrift for Steiner and as an important collection of philosophical essays in its own right. The editors have assembled a roster of highly distinguished international contributors, all of whom are eager to pay tribute to Steiner by focusing on topics on which he himself has concentrated. Some of (...) the contributors engage directly with Steiner's work, whereas others focus not directly on his writings but instead grapple with issues that have figured prominently therein. Each essay seeks to advance the debates in which Steiner himself has so notably participated. The study concludes with a response by Steiner himself. (shrink)

In his provocative book Matthew Kramer offers a systematic theory of freedom that challenges most of the other major contemporary treatments of the topic.

Tolerance for blood transfusion risks is very low, as evidenced by the implementation of expensive blood tests and the rejection of gay men as blood donors. Is this low risk tolerance supported by the precautionary principle, as defenders of such policies claim? We discuss three constraints on applying the precautionary principle and show that respecting these implies tolerating certain risks. Consistency means that the precautionary principle cannot prescribe precautions that it must simultaneously forbid taking, considering the harms they might cause. (...) Avoiding counterproductivity requires rejecting precautions that cause more harm than they prevent. Proportionality forbids taking precautions that are more harmful than adequate alternatives. When applying these constraints, we argue, attention should not be restricted to harms that are human caused or that affect human health or the environment. Tolerating transfusion risks can be justified if available precautions have serious side effects, such as high social or economic costs. (shrink)

A "good" arguer is like an architect with a penchant for civil and civic engineering. Such an arguer can design and present their reasons artfully about a variety of topics, as good architects do with a plenitude of structures and in various environments. Failures in this are rarely hidden for long, as poor constructions reveal themselves, often spectacularly, so collaboration among civical engineers can be seen as a virtue. Our logical virtues should be analogous. When our arguments fail due to (...) being uncivil and demagogic, since we inhabit the arguments we build, we are all crushed beneath our flawed reasoning. This mixed metaphor takes us to a self-referential analysis of argumentation, analogy, and humor. I argue that good argumentation strives to collaboratively convince rather than belligerently persuade. A convincing means toward this end is through humorous analogical arguments, whether the matter at hand is ethical, logical, theological, phenomenological, epistemological, metaphysical, political, or about baseball. (shrink)

Metaphysical grounding is standardly taken to be irreflexive: nothing grounds itself. Kit Fine has presented some puzzles that appear to contradict this principle. I construct a particularly simple variant of those puzzles that is independent of several of the assumptions required by Fine, instead employing quantification into sentence position. Various possible responses to Fine's puzzles thus turn out to apply only in a restricted range of cases.

We define a notion of difference-making for partial grounds of a fact in rough analogy to existing notions of difference-making for causes of an event. Using orthodox assumptions about ground, we show that it induces a non-trivial division with examples of partial grounds on both sides. We then demonstrate the theoretical fruitfulness of the notion by applying it to the analysis of a certain kind of putative counter-example to the transitivity of ground recently described by Jonathan Schaffer. First, we show (...) that our conceptual apparatus of difference-making enables us to give a much clearer description than Schaffer does of what makes the relevant instances of transitivity appear problematic. Second, we suggest that difference-making is best seen as a mark of good grounding-based explanations rather than a necessary condition on grounding, and argue that this enables us to deal with the counter-example in a satisfactory way. Along the way, we show that Schaffer's own proposal for salvaging a form of transitivity by moving to a contrastive conception of ground is unsuccessful. We conclude by sketching some natural strategies for extending our proposal to a more comprehensive account of grounding-based explanations. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.

In his 2010 paper ‘Grounding and Truth-Functions’, Fabrice Correia has developed the first and so far only proposal for a logic of ground based on a worldly conception of facts. In this paper, we show that the logic allows the derivation of implausible grounding claims. We then generalize these results and draw some conclusions concerning the structural features of ground and its associated notion of relevance, which has so far not received the attention it deserves.

The anthology makes an important contribution to the research topic Literature and Knowledge and picks up on the current narratological discussion on literary characters. The key question addressed in this volume is the function of knowledge in the production and reception of literary texts. Literary studies on works from different national literatures and periods are supplemented by insightful contributions from history, linguistics and philosophy, illuminating the discussion for the first time from a multilayered perspective.".

Every problem of dirty hands is a moral conflict in which a highly unpalatable course of conduct is chosen for the sake of fulfilling a stringent moral duty, and in which either the chosen course of conduct is evil or else it would have been evil in the absence of the exigent circumstances to which it is a response. To support this conception of problems of dirty hands, this paper endeavors to elucidate the nature of moral conflicts and the nature (...) of evil. (shrink)

The edited collection Rorty and Beyond assesses and moves beyond Rorty’s legacy, bringing together leading international philosophers. The collection covers diverse territory, from his views about what we may hope for to his personal character, and everything in between.