Counterfactuals is David Lewis' forceful presentation of and sustained argument for a particular view about propositions which express contrary to fact conditionals, including his famous defense of realism about possible worlds and his theory of laws of nature.

Since the early 1980s, James Bernat’s scholarship has accompanied and shaped most scientific and policy developments on death determination. In 1981, he, Charles Culver, and Bernard Gert provided a...

El presente artículo recuerda momentos cruciales de una historia del sujeto que va de Jacques Lacan a Alain Badiou. Tras la división y la subversión lacaniana del sujeto, se revisan reacciones que intentan revertirla en varios autores. Estas reacciones se contrastan con la idea badiouana de la escisión del sujeto entre el esplacio y el fuera-de-lugar. La absolutización estructuralista del esplacio estructural se ilustra con la acción de la estructura de Jacques-Alain Miller, se aproxima al argumento de las estructuras que (...) descienden a la calle con el que Lacan defendió la posición estructuralista contra Lucien Goldmann y se explica por la forclusión del sujeto en el estructuralismo, en el sistema capitalista y en la ciencia en general. Con respecto al campo científico, se muestra cómo fue definido primero por la forclusión y luego por la suturación del sujeto en Miller, simultáneamente por la forclusión y la suturación en Lacan, y sólo por la forclusión en Badiou, quien empezará negando y terminará aceptando la existencia de un sujeto de la ciencia, pero diferente del de Lacan y Miller. (shrink)

La cultura contemporánea y el contexto marcado por conflictos en el que residimos actualmente exigen el perdón. Especialmente, porque representa el camino a través del cual el ser humano lucha contra el mal. Sin embargo, el perdón se ha erosionado debido a los malentendidos asociados con su aplicación en la psicología y la vida pública. En este sentido, este artículo busca proporcionar una definición del perdón desde su carácter interpersonal. En otras palabras, en este trabajo afirmamos que es en los (...) encuentros cara a cara donde las personas enfrentan el mal, manifiestan su condición de personas y también la esfera de gratuidad a la que responde su realidad más íntima. Así, comenzaremos con la definición común del perdón y examinaremos cada uno de sus elementos constituyentes para presentar una configuración lo más completa posible de su realidad. Esta configuración servirá como un arquetipo para distinguir el perdón de la aceptación de sí, la liberación de sí y la reconciliación. Estas distinciones proponen la idea de que el perdón surge genuinamente de las relaciones interpersonales, allí donde un individuo pide el don de la liberación del mal cometido y otro lo concede libremente. (shrink)

This book stems from an examination of how Western philosophy has accounted for the foundations of law. In this tradition, the character of the “sovereign” or “lawgiver” has provided the solution to this problem. But how does the sovereign acquire the right to found law? As soon as we ask this question we are immediately confronted with a convoluted combination of jurisprudence and theology. The author begins by tracing a lengthy and deeply nuanced exchange between Derrida and Nancy on the (...) question of community and fraternity and then moves on to engage with a diverse set of texts from the Marquis de Sade, Saint Augustine, Kant, Hegel, and Kafka. These texts—which range from the canonical to the apocryphal—all struggle in their own manner with the question of the foundations of law. Each offers a path to the law. If a reader accepts any path as it is and follows without question, the law is set and determined and the possibility of dialogue is closed. The aim of this book is to approach the foundations of law from a series of different angles so that we can begin to see that those foundations are always in question and open to the possibility of dialogue. (shrink)

This article uses the case study of ethnobiological classification to develop a positive and a negative thesis about the state of natural kind debates. On the one hand, I argue that current accounts of natural kinds can be integrated in a multidimensional framework that advances understanding of classificatory practices in ethnobiology. On the other hand, I argue that such a multidimensional framework does not leave any substantial work for the notion “natural kind” and that attempts to formulate a general account (...) of naturalness have become an obstacle to understanding classificatory practices. (shrink)

The aim of this article is to develop an argument against metaphysical debates about the existence of human races. I argue that the ontology of race is underdetermined by both empirical and non-empirical evidence due to a plurality of equally permissible candidate meanings of "race." Furthermore, I argue that this underdetermination leads to a deflationist diagnosis according to #hich disputes about the existence of human races are non-substantive verbal disputes. $hile this diagnosis resembles general deflationist strategies in contemporary metaphysics" I (...) show that my argument does not presuppose controversial metametaphysical assumptions. (shrink)

Current controversies about knowledge integration reflect conflicting ideas of what it means to “take Indigenous knowledge seriously”. While there is increased interest in integrating Indigenous and Western scientific knowledge in various disciplines such as anthropology and ethnobiology, integration projects are often accused of recognizing Indigenous knowledge only insofar as it is useful for Western scientists. The aim of this article is to use tools from philosophy of science to develop a model of both successful integration and integration failures. On the (...) one hand, I argue that cross-cultural recognition of property clusters leads to an ontological overlap that makes knowledge integration often epistemically productive and socially useful. On the other hand, I argue that knowledge integration is limited by ontological divergence. Adequate models of Indigenous knowledge will therefore have to take integration failures seriously and I argue that integration efforts need to be complemented by a political notion of ontological self-determination. (shrink)

The aim of this article is to show that externalist accounts of cognition such as Clark and Chalmers' (1998) “active externalism” lead to an explosion of knowledge that is caused by online resources such as Wikipedia and Google. I argue that externalist accounts of cognition imply that subjects who integrate mobile Internet access in their cognitive routines have millions of standing beliefs on unexpected issues such as the birth dates of Moroccan politicians or the geographical coordinates of villages in southern (...) Indonesia. Although many externalists propose criteria for the bounds of cognition that are designed to avoid this explosion of knowledge, I argue that these criteria are flawed and that active externalism has to accept that information resources such as Wikipedia and Google constitute extended cognitive processes. (shrink)

David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses on lawyers' role in enhancing human dignity (...) and human rights. In addition to an analytical introduction, the volume includes two major previously unpublished papers, including a detailed critique of the US government lawyers who produced the notorious 'torture memos'. It will be of interest to a wide range of readers in both philosophy and law. (shrink)

The aim of this article is to argue that ontological choices in scientific practice undermine common formulations of the value-free ideal in science. First, I argue that the truth values of scientific statements depend on ontological choices. For example, statements about entities such as species, race, memory, intelligence, depression, or obesity are true or false relative to the choice of a biological, psychological, or medical ontology. Second, I show that ontological choices often depend on non-epistemic values. On the basis of (...) these premises, I argue that it is often neither possible nor desirable to evaluate scientific statements independently of non-epistemic values. Finally, I suggest that considerations of ontological choices do not only challenge the value-free ideal but also help to specify positive roles of non-epistemic values in an often neglected area of scientific practice. (shrink)

This article outlines a program of ethnoontology that brings together empirical research in the ethnosciences with ontological debates in philosophy. First, we survey empirical evidence from heterogeneous cultural contexts and disciplines. Second, we propose a model of cross‐cultural relations between ontologies beyond a simple divide between universalist and relativist models. Third, we argue for an integrative model of ontology building that synthesizes insights from different fields such as biological taxonomy, cognitive science, cultural anthropology, and political ecology. We conclude by arguing (...) that a program of ethnoontology provides philosophers both with insights about traditional issues such as debates about natural kinds and with novel strategies for connecting philosophy with pressing global issues such as the conservation of local environments and the self‐determination of Indigenous communities. (shrink)

The aim of this article is to discuss the relation between indigenous and scientific kinds on the basis of contemporary ethnobiological research. I argue that ethnobiological accounts of taxonomic convergence-divergence patters challenge common philosophical models of the relation between folk concepts and natural kinds. Furthermore, I outline a positive model of taxonomic convergence-divergence patterns that is based on Slater's [2014] notion of “stable property clusters” and Franklin-Hall's [2014] discussion of natural kinds as “categorical bottlenecks.” Finally, I argue that this model (...) is not only helpful for understanding the relation between indigenous and scientific kinds but also makes substantial contributions to contemporary debates about natural kinds.to contemporary debates about natural kinds. (shrink)

Ethnobiology has become increasingly concerned with applied and normative issues such as climate change adaptation, forest management, and sustainable agriculture. Applied ethnobiology emphasizes the practical importance of local and traditional knowledge in tackling these issues but thereby also raises complex theoretical questions about the integration of heterogeneous knowledge systems. The aim of this article is to develop a framework for addressing questions of integration through four core domains of philosophy - epistemology, ontology, value theory, and political theory. In each of (...) these dimensions, we argue for a model of “partial overlaps” that acknowledges both substantial similarities and differences between knowledge systems. While overlaps can ground successful collaboration, their partiality requires reflectivity about the limitations of collaboration and co-creation. By outlining such a general and programmatic framework, the article aims to contribute to developing “philosophy of ethnobiology” as a field of interdisciplinary exchange that provides new resources for addressing foundational issues in ethnobiology and also expands the agenda of philosophy of biology. (shrink)

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how (...) this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law. (shrink)

The aim of this article is to argue that ontological choices in scientific practice undermine common formulations of the value-free ideal in science. First, I argue that the truth values of scientific statements depend on ontological choices. For example, statements about entities such as species, race, memory, intelligence, depression, or obesity are true or false relative to the choice of a biological, psychological, or medical ontology. Second, I show that ontological choices often depend on non-epistemic values. On the basis of (...) these premises, I argue that it is often neither possible nor desirable to evaluate scientific statements independently of non-epistemic values. Finally, I suggest that considerations of ontological choices do not only challenge the value-free ideal but also help to specify positive roles of non-epistemic values in an often neglected area of scientific practice. (shrink)

In this remarkably wide-ranging book Professor Lowenthal analyses the ever-changing role of the past in shaping our lives. A heritage at once nurturing and burdensome, the past allows us to make sense of the present whilst imposing powerful constraints upon the way that present develops. Some aspects of the past are celebrated, others expunged, as each generation reshapes its legacy in line with current needs. Drawing on all the arts, the humanities and the social sciences, the author uses sources as (...) diverse as science fiction and psychoanalysis to examine how rebellion against inherited tradition has given rise to the modern cult of preservation and pervasive nostalgia. Profusely illustrated, The Past is a Foreign Country shows that although the past has ceased to be a sanction for inherited power or privilege, as a focus of personal and national identity and as a bulwark against massive and distressing change it remains as potent a force as ever in human affairs. (shrink)

Ethnobiology has a long tradition of metaphysical debates about the “naturalness,” “objectivity”, “reality”, and “universality” of classifications. Especially the work of Brent Berlin has been influential in developing a “convergence metaphysics” that explains cross-cultural similarities of knowledge systems through shared recognition of objective discontinuities in nature. Despite its influence on the development of the field, convergence metaphysics has largely fallen out of favor as contemporary ethnobiologists tend to emphasize the locality and diversity of classificatory practices. The aim of this article (...) is twofold: First, I provide a historical account of the rise and fall of convergence metaphysics in ethnobiology. I show how convergence metaphysics emerged as an innovative theoretical program in the wake of the “cognitive revolution” and the “modern evolutionary synthesis” but failed to incorporate both theoretical insights and political concerns that gained prominence in the 1980s and 1990s. Second, I develop a positive proposal of how to engage with metaphysical issues in ethnobiology. By integrating traditional research on convergence of classifications with more nuanced accounts of distinctly local categories, a revamped metaphysics of ethnobiological classification can make substantial contributions to debates about ontological difference in anthropology and about the relation between applied and theoretical ethnobiology. (shrink)

This article develops an account of local epistemic practices on the basis of case studies from ethnobiology. I argue that current debates about objectivity often stand in the way of a more adequate understanding of local knowledge and ethnobiological practices in general. While local knowledge about the biological world often meets criteria for objectivity in philosophy of science, general debates about the objectivity of local knowledge can also obscure their unique epistemic features. In modification of Ian Hacking’s suggestion to discuss (...) “ground level questions” instead of objectivity, I propose an account that focuses on both epistemic virtues and vices of local epistemic practices. (shrink)

Many Western philosophers are poorly informed about the issues involved in nonduality, since this topic is usually associated with various kinds of absolute idealism in the West, or mystical traditions in the East. Increasingly, however, this topic is finding its way into Western philosophical debates. In this "scholarly but leisurely and very readable" (Spectrum Review) analysis of the philosophies of nondualism of (Hindu) Vedanta, Mahayana Buddhism, and Taoism, Loy extracts what he calls "a core doctrine" of nonduality of seer and (...) seen from these three worldviews and then applies the doctrine in various ways, including a critique of Derrida's deconstructionism. (shrink)

Current debates about the integration of traditional and academic ecological knowledge struggle with a dilemma of division and assimilation. On the one hand, the emphasis on differences between traditional and academic perspectives has been criticized as creating an artificial divide that brands TEK as “non-scientific” and contributes to its marginalization. On the other hand, there has been increased concern about inadequate assimilation of Indigenous and other traditional perspectives into scientific practices that disregards the holistic nature and values of TEK. The (...) aim of this article is to develop a practice-based account of the epistemic relations between TEK and AEK that avoids both horns of the dilemma. While relations between TEK and AEK are often described in terms of the “holistic” nature of the former and the “mechanistic” character of the latter, we argue that a simple holism–mechanism divide misrepresents the epistemic resources of both TEK and AEK. Based on the literature on mechanistic explanations in philosophy of science, we argue that holders of TEK are perfectly capable of identifying mechanisms that underlie ecological phenomena while AEK often relies on non-mechanistic strategies of dealing with ecological complexity. Instead of generic characterizations of knowledge systems as either mechanistic or holistic, we propose to approach epistemic relations between knowledge systems by analyzing their heuristics in practice. (shrink)

Heritage has burgeoned over the past quarter of a century from a small e;lite preoccupation into a major popular crusade. Everything from Disneyland to the Holocaust Museum, from the Balkan wars to the Northern Irish troubles, from Elvis memorabilia to the Elgin Marbles bears the marks of the cult of heritage. In this acclaimed book David Lowenthal explains the rise of this new obsession with the past and examines its power for both good and evil.

The way people come to report private stimulation arising within their own bodies is not well understood. Although the Darwinian assumption of biological continuity has been the basis of extensive animal modeling for many human biological and behavioral phenomena, few have attempted to model human communication based on private stimulation. This target article discusses such an animal model using concepts and methods derived from the study of discriminative stimulus effects of drugs and recent research on interanimal communication. We discuss how (...) humans acquire the capacity to identify and report private stimulation and we analyze intra- and interspecies differences in neurochemical mechanisms for transducing interoceptive stimuli, enzymatic and other metabolic factors, learning ability, and discrimination learning histories and their relation to psychiatric and developmental disabilities. (shrink)

Ethnobiology has become increasingly concerned with applied and normative questions about biocultural diversity and the livelihoods of local communities. While this development has created new opportunities for connecting ethnobiological research with ecological and social sciences, it also raises questions about the role of cognitive perspectives in current ethnobiology. In fact, there are clear signs of institutional separation as research on folkbiological cognition has increasingly found its home in the cognitive science community, weakening its ties to institutionalized ethnobiology. Rather than accepting (...) this separation as inevitable disciplinary specialization, this short perspective article argues for a systemic perspective that addresses mutual influences and causal entanglement of cognitive and non-cognitive factors in socio-ecological dynamics. Such an integrative perspective requires a new conversation about cognition in ethnobiology beyond traditional polarization around issues of cognitive universals and cultural relativity. (shrink)

This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.

his article develops a framework for addressing racial ontologies in transnational perspective. In contrast to simple contextualist accounts, it is argued that a globally engaged metaphysics of race needs to address transnational continuities of racial ontologies. In contrast to unificationist accounts that aim for one globally unified ontology, it is argued that questions about the nature and reality of race do not always have the same answers across national contexts. In order address racial ontologies in global perspective, the article develops (...) a framework that accounts for both continuities and discontinuities by looking beyond the referents of narrowly defined core concepts. By shifting the focus from narrow concepts to richer conceptions of race, racial ontologies become comparable through globally related but nonetheless distinct mappings between conceptions and property relations. The article concludes by showing how this framework can generate novel insights in case studies from Asia, Europe, and Latin America. (shrink)

This volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about (...) torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable. (shrink)

Transdisciplinary research knits together knowledge from diverse epistemic communities in addressing social-environmental challenges, such as biodiversity loss, climate crises, food insecurity, and public health. This paper reflects on the roles of philosophy of science in transdisciplinary research while focusing on Indigenous and other subaltern forms of knowledge. We offer a critical assessment of demarcationist approaches in philosophy of science and outline a constructive alternative of transdisciplinary philosophy of science. While a demarcationist focus obscures the complex relations between epistemic communities, transdisciplinary (...) philosophy of science provides resources for meeting epistemic and political challenges of collaborative knowledge production. (shrink)

The notion of natural kinds has been widely criticized in philosophy of science but also appears indispensable for philosophical engagement with classificatory practices. Rather than addressing this tension through a new definition of “natural kind”, this article suggests materiality as a substitute for naturalness in philosophical debates about scientific classification. It is argued that a theory of material kinds provides an alternative and more inclusive entry point for analyzing classificatory practices, which is specified through an account of “restricted malleability” of (...) materiality and further analyzed as (1) gradual, (2) multi-dimensional, (3) scalable, (4) interactive, and (5) purpose sensitive. (shrink)

The aim of this article is to develop an understanding-based argument for an explicitly political specification of the concept of race. It is argued that a specification of race in terms of hierarchical social positions is best equipped to guide causal reasoning about racial inequality in the public sphere. Furthermore, the article provides evidence that biological and cultural specifications of race mislead public reasoning by encouraging confusions between correlates and causes of racial inequality. The article concludes with a more general (...) case for incorporating empirical evidence about public reasoning into philosophical debates about competing specifications of the concept of race. (shrink)

Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman act (...) of torture.” Then came September 11. (shrink)

Elimination controversies are ubiquitous in philosophy and the human sciences. For example, it has been suggested that human races, hysteria, intelligence, mental disorder, propositional attitudes such as beliefs and desires, the self, and the super-ego should be eliminated from the list of respectable entities in the human sciences. I argue that eliminativist proposals are often presented in the framework of an oversimplified “phlogiston model” and suggest an alternative account that describes ontological elimination on a gradual scale between criticism of empirical (...) assumptions and conceptual choices. (shrink)

While the Enlightenment promoted thinking for oneself independent of religious authority, the ‘Endarkenment’ (Millgram 2015) concerns deference to a new authority: the specialist, a hyperspecializer. Non-specialists need to defer to such authorities as they are unable to understand their reasoning. Millgram describes how humans are capable of being serial hyperspecializers, able to move from one specialism to another. We support the basic thrust of Millgram’s position, and seek to articulate how the core idea is deployed in very different ways in (...) relation to extremely different philosophical areas. We attend to the issue of the degree of isolation of different specialists and we urge greater emphasis on parallel hyperspecialization, which describes how different specialisms can be embodied in one person at one time. (shrink)

David Luban argues in this lecture that the moral foundation of the lawyer's profession lies in the defense of human dignity-and the chief moral danger facing the profession arises when lawyers assault human dignity rather than defend it. The concept of human dignity has a rich philosophical tradition, with some philosophers identifying human dignity as a metaphysical property of individuals-a property such as having a soul, or possessing autonomy. Luban argues instead that human dignity is a relational property of (...) "the dignifier" and "the dignified," emphasizing that assaulting human dignity humiliates the victim. Lawyers honor the human dignity of others by protecting them against humiliations, and defile that dignity by subjecting them to humiliations. The lecture develops these ideas through four traditional issues in legal ethics: the right of criminal defendants to an advocate, the duty of confidentiality, paternalism of attorneys toward their clients, and pro bono service. (shrink)

Modern human rights instruments ground human rights in the concept of human dignity, without providing an underlying theory of human dignity. This paper examines the central importance of human dignity, understood as not humiliating people, in traditional Jewish ethics. It employs this conception of human dignity to examine and criticize U.S. use of humiliation tactics and torture in the interrogation of terrorism suspects.

This article addresses ontological negotiations in the Global South through three case studies of community-based research in Brazil and Ghana. We argue that ontological perspectives of Indigenous and other subjugated communities require an ontological pluralism that recognizes the plurality of both representational tools and ways of being in the world. Locating these two readings of ontological pluralism in the politics of the Global South, the article highlights a wider dynamic from ontological paternalism to ontological diversity to ontological decolonization. We conclude (...) by arguing that this dynamic provides important lessons for reorienting agendas in social ontology through Southern Ontologies. (shrink)

The answer I offer in this Article is that crimes against humanity assault one particular aspect of human being, namely our character as political animals. We are creatures whose nature compels us to live socially, but who cannot do so without artificial political organization that inevitably poses threats to our well-being, and, at the limit, to our very survival. Crimes against humanity represent the worst of those threats; they are the limiting case of politics gone cancerous. Precisely because we cannot (...) live without politics, we exist under the permanent threat that politics will turn cancerous and the indispensable institutions of organized political life will destroy us. That is why all humankind shares an interest in repressing these crimes. The theory that I aim to defend here consists of two propositions: that "humanity" in the label "crimes against humanity" refers to our nature as political animals, and that these crimes pose a universal threat that all humankind shares an interest in repressing. (shrink)

Elimination controversies are ubiquitous in philosophy and the human sciences. For example, it has been suggested that human races, hysteria, intelligence, mental disorder, propositional attitudes such as beliefs and desires, the self, and the super-ego should be eliminated from the list of respectable entities in the human sciences. I argue that eliminativist proposals are often presented in the framework of an oversimplified “phlogiston model” and suggest an alternative account that describes ontological elimination on a gradual scale between criticism of empirical (...) assumptions and conceptual choices. (shrink)