The path of those who would approach the study of Bentham's writings on Evidence has been considerably smoothed by the recent publication of William Twining's work on the evidence theories of Bentham and Wigmore. The material on evidence is now being tackled by the Bentham Project. It presents no easy task. The central core, The Rationale of Judicial Evidence, edited and published by John Stuart Mill in 1827, exists only in the printed version, the MSS from which Mill worked having (...) disappeared. But a substantial body of related material which survives has yet to be thoroughly investigated, though William Twining has made a gallant start. A new edition of the work hitherto known as ‘An Introductory View of the Rationale of Evidence’, first printed in full in the Bowring edition of the Works of Jeremy Bentham is in preparation. The first fruits of this endeavour is that the title of that work as it should appear in due course in the new Collected Works will be Introduction to the Rationale of Evidence: An Introductory View for the Use of Lawyers as well as Non-lawyers, the title in fact given to the work by Bentham. It is intended that what follows should similarly be of use to non-lawyers as well as lawyers. (shrink)

Is practical reason a cognitive faculty? Do practical judgments make claims about a subject matter that are appropriately assessed in terms of their agreement with that subject matter? According to Kantians like Christine Korsgaard, the answer is no. To think otherwise is to conflate the theoretical and the practical, the epistemic and the ethical. I am not convinced. In this paper, I motivate my skepticism through examination of the very figure who inspires Korsgaard’s rejection of cognitivism: Kant. For as I (...) read him, Kant does not construe the distinction between theoretical and practical reason in terms of a distinction between cognitive and non-cognitive faculties but in terms of two distinct applications of a single faculty of reason, which is through-and-through cognitive. Thus, practical, no less than theoretical, reason cognizes a subject matter, and so practical, no less than theoretical, reason is straightforwardly subject to familiar epistemic standards of truth, warrant, and knowledge. Of course, even if I am right about Kant, this does not show that Korsgaard is wrong about reason; and I will offer no direct argument against her position here. Nonetheless, I believe that reflection on Kant’s true view, with its careful treatment of and respect for both the practicality and rationality of reason, should perhaps lead us to rethink what it means to be a rationalist in ethics. (shrink)

In this paper, Tyson E. Lewis challenges the dominant theoretical and practical educational responses to globalization. On the level of public policy, Lewis demonstrates the limitations of both neoliberal privatization and liberal calls for rehabilitating public schooling. On the level of pedagogy, Lewis breaks with the dominant liberal democratic tradition which focuses on the cultivation of democratic dispositions for cosmopolitan citizenship. Shifting focus, Lewis posits a new location for education out of bounds of the common sense of public versus private, (...) nationalism versus cosmopolitanism, inclusion versus exclusion, human versus civil rights. This is the space of the commonwealth whose actors cannot be identified as ‘citizens’ but are rather the anonymous multitude. In conclusion, Lewis finds a model for organizing this commonwealth in the work of Ivan Illich, whose learning networks speak to the urgent political and pedagogical need for exodus from the conceptual vocabulary that defines much of the contemporary field of educational theory. (shrink)

Traditionally, Kantian ethics has been thought hostile to agents' well-being. Recent commentators have rightly called this view into question, but they do not push their challenge far enough. For they leave in place a fundamental assumption on which the traditional view rests, viz., that happiness is all there is to well-being. This assumption is important, since, combined with Kant’s rationalism about morality and empiricism about happiness, it implies that morality and well-being are at best extrinsically related. Since morality can only (...) make our lives go well by making us happy, and since morality can only make us happy by influencing our sensibility, morality is not its own reward--not really. It is simply the condition for some separate benefit. Drawing on Kant’s underappreciated discussion of self-contentment, an intellectual analog of happiness, I reconstruct an alternative account of morality’s relation to well-being. Morality does make our lives go well--and so is its own reward--not because it makes us happy but because it makes us self-contented. (shrink)

I offer a qualified defence of Kant’s natural teleological argument, that is, his inference from the (un)naturalness of an act to its (im)morality. Though I reject many of Kant’s conclusions, I think the form of argument he uses to support these conclusions is not as wrong-headed as it might at first appear. I consider and answer two objections: first, that the argument is inconsistent with Kant’s moral rationalism; and second, that the argument is inconsistent with post-Kantian developments in science. I (...) argue that both objections rest on a common mistake, namely, the assumption that the account of (human) nature on which Kant’s argument relies is theoretical. On the contrary, the relevant account is practical: informed by science, but not determined by it. Once we appreciate the practical character of Kant’s naturalism, we can see not only that Kant can be a naturalist and a rationalist, but contemporary Kantians can be as well. (shrink)

According to rationalist conceptions of moral agency, the constitutive capacities of moral agency are rational capacities. So understood, rationalists are often thought to have a problem with feeling. For example, many believe that rationalists must reject the attractive Aristotelian thought that moral activity is by nature pleasant. I disagree. It is easy to go wrong here because it is easy to assume that pleasure is empirical rather than rational and so extrinsic rather than intrinsic to moral agency, rationalistically conceived. Drawing (...) on underappreciated elements of Kant’s moral psychology, I sketch an alternative form of rationalism, according to which moral activity is by nature pleasant because at least some pleasures are by nature rational. (shrink)

This paper provides an analysis of the educational use of the Internet and of digital technologies that is neither pessimistic nor optimistic, that is neither critical nor post-critical. Turning to Italian philosopher Giorgio Agamben’s comments on studying and its relationship to the technology of the blank writing tablet, the authors argue that digital devises are a radical transformation in our relationship to the technologies of reading and writing. Traditionally, the scholar was able to experience his or her potentiality to communicate (...) through writing via the blankness of the writing tablet. Yet, according to Agamben, such blankness has become inaccessible in the digital age, where the screen is always full of content. Here the authors argue that Agamben is correct in his diagnosis, yet his own theory of communicability offers up a way to redeem the educational use of digital devices. It is precisely the overflowing saturation of communications on the Internet which produces a new kind of blankness. It is this blankness which should thus become the focus of a studious form of media literacy—one that is not critical or post-critical so much as pre-critical. (shrink)

My aim in this essay is to reorient our understanding of the Kantian ethical project, especially in relation to its assumed rivals. I do this by considering Kant's relation to eudaimonism, especially in its Aristotelian form. I argue for two points. First, once we understand what Kant and Aristotle mean by happiness, we can see that not only is it the case that, by Kant's lights, Aristotle is not a eudaimonist. We can also see that, by Aristotle's lights, Kant is (...) a eudaimonist. Second, we can see that this agreement on eudaimonism actually reflects a deeper, more fundamental agreement on the nature of ethics as a distinctively practical philosophy. This is an important result, not just for the history of moral philosophy but for moral philosophy as well. For it suggests that both Kantians and Aristotelians may well have more argumentative resources available to them than is commonly thought. (shrink)

In contemporary poetry, devices serving the purpose of creative destruction are increasingly coming into use. Usually not considered as proper to art making, these tools create by dismantling what is already there rather than generating something entirely new from nothing. Such methods of text deletion are at stake in so-called »erasure poetry«. Erasure poetry designates a mode of poetic production, in which an existing text is edited with a black felt marker or painted over with other suitable office supplies according (...) to a set of given parameters. This essay explores what happens when texts are no longer written but crossed out. Examples from a variety of contexts of use illustrate both the wide spectrum of the phenomenon and different functions of erasure. As a collective practice the technique may be therapeutic or simply helpful in coping with life. However, as an artistic strategy, erasure is currently deployed in many poetry collections and artists’ books that question common ways of engaging with literature as well as certain practices of power. Here, erasure emerges as an aesthetic strategy that can in fact reveal contents that have been concealed, negated, or threatened with oblivion. Both in terms of production and of reception, the decisive aesthetic feature in such cases is a break with conventional modes of representation. This break manifests itself in the ways the remaining words or letters are arranged on the page and put into relation to the empty space that surrounds them: Word placement and white space management are the two central operations of post-avant-garde literature and its page design. (shrink)

In this paper, we pose a speculative encounter between Heidegger and the Chinese Song Dynasty landscape painter Xia Gui. Our intention is to reassess Heidegger’s theory of the fourfold. By placing the concept in a cross-cultural context, we argue that Heidegger was essentially correct in that the world is structured as a fold between interrelated elements. At the same time, we challenge the quantity and quality of the folded elements. If one turns to the work of Xia Gui in conjunction (...) with relevant Daoist texts, what one finds is a threefold structure to the world, composed of earth, sky, and mortals without Heidegger’s emphasis on divinities. In conclusion, we suggest that studying the folding structure of the world ought to be done through cultural comparisons of philosophical and aesthetic traditions in order to understand the potentiality for worldhood as an xfold. (shrink)

The archive produces a linear time that reaches towards ‘what could be’ by asserting ‘what has been’, providing us reassurance of our existence through the assertion of a reliably past past. But the Anthropocene is an era of uncontained material ramifications, where the past juts into the future and temporality warps as change accelerates unexpectedly. As an ecological and geologic epoch, documentation of the Anthropocene inherently has a relationship to natural history museums and archives. These institutions, however, troublingly rest on (...) what Elaine Graham calls ‘ontological hygiene’ – the separateness of the human subject from ‘nature’. The Anthropocene however, challenges the western post-Enlightenment binary of man vs. nature, as it (supposedly) naturalizes humans into an earth systems force. As such, documentation of this epoch might resist ontological sanitation. This article outlines an artistic research practice to create artefacts of the Anthropocene – one that invites material idiosyncrasies, objects-in-becoming, ephemerality, and decay. I suggest that artistic ‘anarchices’ prioritize process over objects, and resist linear and static representation in lieu of material, embodied and sensory artefacts. These include relational encounters with waste materials, reworked forms of ‘geology’, edible artefacts and multimedia works at landfills and feral sites. The anarchives are interpolated by a rejection of hegemonic logic, positivism and ‘objective’ truths about environmental phenomena; Situated, ambiguous and material knowledges are inwrought into the so-called Anthropocene (and any alternatives to this term). By focusing on waste as an analytical category, I explore some of the ontological breakdowns present in the Anthropocene and question how to unorder systems and disturb materiality. (shrink)

Ask most philosophers for an example of a moral rationalist, and they will probably answer “Kant.” And no wonder. Kant’s first great work of moral philosophy, Groundwork of the Metaphysics of Morals, opens with a clarion call for rationalism, proclaiming the need to work out for once a pure moral philosophy, a metaphysics of morals. That this metaphysics includes the first principle of ethics, the moral law, is obvious. But what about the second principles, particular moral laws, such as duties (...) of truthfulness, beneficence, etc.? Are these principles metaphysical too? Many have thought not, since they make essential use of empirical and anthropological considerations. I argue otherwise; the second principles are metaphysical and this matters. I do this by taking seriously the metaphysics of the metaphysics of morals—more specifically, by understanding the metaphysics of morals alongside the metaphysics of nature. For, qua metaphysics, both employ a common two-stage methodology, the first stage of which is wholly a priori but the second stage of which is partly empirical. As I explain, appreciating this common methodology sheds new light on how the second principles are to be established, as well as on the reach of Kant’s rationalism. (shrink)

According to many of its advocates, one of the main attractions of Kantian moral philosophy is its metaethical innocence. The most interesting argument for such innocence appeals to Kantians' rationalism. Roughly, if moral action is simply rational action, then we do not need to appeal to anything beyond rationality to certify moral judgment. I assess this argument by reflecting on (dis)analogies between moral and logical forms of rationalism. I conclude that the Kantian claim to metaethical innocence is overstated. Kantians cannot (...) avoid substantial metaethical commitments. Or if they can, it is not their rationalism that explains why this is so. (shrink)

Presentación del Dossier 'Perspectivas aristotélicas contemporáneas'.

God’s regular causal activity is traditionally held to include his creation of the world, his conserving all created things in being and his concurrence with the causal activities of finite causes. Divine causation requires that God is an agent. In this paper, I apply E. J. Lowe’s view of human agency to God. This application requires certain adjustments. Lowe takes it that when a person acts for reasons, these reasons are lacks of some kind. I argue that his account can (...) apply to God if we think of the reasons for God’s action as connected to purposes rather than to needs. (shrink)

In this essay we review a number of values and conflicts involved in human nutrition in order to clarify the sources of resistance to accepting a pump-fed patient on the part of nursing home nurses. The case illustrates the complexities of our feelings and values in the area of intrusion showing the need for continued reflection upon and revision of our intuitive reactions. The case also displays conflict resolution.

Following Kenya’s independence in 1963, scientists converged on an ecologically sensitive area in southern Kenya on the northern slope of Mt. Kilimanjaro called Amboseli. This region is the homeland of the Ilkisongo Maasai who grazed this ecosystem along with the wildlife of interest to the scientists. Biologists saw opportunities to study this complex community, an environment rich in biological diversity. The Amboseli landscape proved to be fertile ground for testing new methods and lines of inquiry in the biological sciences that (...) were generalizable and important for shaping natural resource management policies in Kenya. However, the local community was in the midst of its own transformation from a primarily transhumant lifestyle to a largely sedentary one, a complex political situation between local and national authorities, and the introduction of a newly educated generation. This article examines the intersection of African history and field science through the post-colonial Africanization of Kenyan politics, the broadening of scientific practices in Amboseli in previously Western-occupied spaces to include Kenyan participants, and an increasing awareness of the role of local African contexts in the results, methods, and implications of biological research. “Africanization” as an idea in the history of science is multifaceted encompassing not just Africans in the scientific process, but it needs an examination of the larger political and social context on both a local and national level. (shrink)

“The National Question” relates to that sphere of social life in which the October Revolution has demonstrated the most radical rupture in “l’ancien régime.” From the very beginning, Soviet power used anti-colonial and anti-imperial language in reference to itself. However, over the last years, the prevailing academic view has regarded the Soviet Union as imperial. The author aims to problematize this view and show that in many cases the use of the concept of empire to describe Soviet reality rather prevents (...) its adequate understanding, because within the imperial paradigm it is impossible to completely reduce the practice of dominance and control; linguistic, cultural, and economic politics; people’s identity; and their everyday experience. (shrink)

This essay considers the issue of informed consent as it arose in the context of 1960s living kidney donors. In one of the earliest empirical inquiries into informed consent, psychiatrists Carl H. Fellner and John R. Marshall interviewed donors about their decision‐making process and their experience and reflections on donorship. In their much‐cited 1970 paper, the physicians reported that living donors, rather than reaching a reasoned, intellectual, and unemotional decision about donating a kidney (as stipulated in the Ethical Guidelines for (...) Organ Transplantation issued by the American Medical Association's Judicial Council), instead made instantaneous and “irrational” decisions about participation. Fellner and Marshall's studies contributed to the public debate and professional discussion about the moral and ethical dimensions of donorship, even as they challenged the developing consensus on informed consent. (shrink)