In this paper, I would like to revisit the revisiting of Robert Talisse and Scott Aikin’s response to Joshua Anderson. My work here will not render judgment about how they respond to Anderson, but instead, my thinking is that the response to the restatement of their argument is the most current iteration of “Why Pragmatists Cannot Be Pluralists.” In this way, I am responding to their most updated version of their argument and the substantial issues raised in the original (...) paper. My concern here is that a spirited Jamesian response to their restated problem should be forthcoming. My response is motivated by the fact that pluralism is misunderstood with respect to James and what they dub meaning pragmatism, even though I know they are painting with a big brush of those, like myself, who find inspiration and identification with James’s philosophy. Therefore, my overall thesis is that pluralism is severely misunderstood, and this misunderstanding has several interesting consequences for the argument they want to make against it. (shrink)

This article analyses the extent to which expert authorities have basic communicative obligations to be open, honest, and transparent, with a view to shaping strategies of public engagement with such authorities. This article is in part a response to epistemic paternalists such as Stephen John, who argue that the communicative obligations of expert authorities, such as scientists, permit the use of lying, or lack of openness and transparency, as a means of sustaining public trust in scientific authority. In this article, (...) I elucidate John’s position and reject it. I argue that expert authorities have strong communicative obligations to be open, honest, and transparent, which are grounded in the insight that such authorities hold positions of public trust. After demonstrating how this insight undermines John’s position, I conclude the article by considering the implications regarding public engagement with expert authorities. (shrink)

This book provides an analytical and critical appraisal of Rousseau's political thought that, while frank about its limits, also explains its enduring power.

This paper calls into question the idea that moral disgust is usefully regarded as a form of genuine disgust. This hypothesis is questionable even if, as some have argued, the spread of moral norms through a community makes use of signaling mechanisms that are central to core disgust. The signaling system is just one part of disgust, and may well be completely separable from it. Moreover, there is plausibly a significant difference between the cognitive scientist’s concept of an emotion and (...) the everyday notion of that emotion. Finally, even if, as this paper contests, some form of disgust were directly elicited by the moral wrongness of certain kinds of behavior, research on the socio-moral elicitors of the disgust mechanism would still be unlikely to shed much direct light on the nature or content of morality. (shrink)

Since the publication of John Rawls'sA Theory of Justice, normative democratic theory has focused principally on three tasks: refining principles of justice, clarifying the nature of political justification, and exploring the public policies required to ensure a just distribution of education, health care, and other basic resources. Much less attention has been devoted to examining the political institutions and social arrangements that might plausibly implement reasonable political principles. Moreover, the amount of attention paid to issues of organizational and institutional implementation (...) has varied sharply across the different species of normative theory. Neoliberal theorists, concerned chiefly with protecting liberty by taming power, and essentially hostile to the affirmative state, have been far more sensitive to such issues than egalitarian-democratic theorists, who simultaneously embrace classically liberal concerns with choice, egalitarian concerns with the distribution of resources, and a republican emphasis on the values of citizen participation and public debate. Neglect of how such values might be implemented has deepened the vulnerability of egalitarian-democratic views to the charge of being unrealistic: “good in theory but not so good in practice.”. (shrink)

Derek Parfit, Joseph Raz, and T. M. S canlon, among others, all hold that reasons for action are provided by facts about those actions. They also hold that the fact that an action would promote or achieve the object of an agent's desire is not one of the relevant facts, and does not provide a reason. Rather, the facts that provide reasons are typically facts about valuable states of affairs that the action is likely to bring about, or valuable properties (...) that the action itself will instantiate. For this reason it is appropriate to call Parfit, Raz, and Scanlon "value-based" theorists about reasons for action. In contrast to value-based theorists, there is a strong current of contemporary theorizing, starting with Bernard Williams, that can be called "desire-based." Desire-based theorists argue that practical reasons should be understood in terms of the desires of the agents who are said to have those reasons. (shrink)

The law has taken a long-standing interest in the mind. Cognitive neuroscience, the study of the mind through the brain, has gained prominence in part as a result of the advent of functional neuroimaging as a widely used tool for psychological research. Existing legal principles make virtually no assumptions about the neural bases of criminal behavior, and as a result they can comfortably assimilate new neuroscience without much in the way of conceptual upheaval: new details, new sources of evidence, but (...) nothing for which the law is fundamentally unprepared. Neuroscience challenges ultimately reshape our intuitive sense of justice. It draws a familiar distinction between the consequentialist justification for state punishment, according to which punishment is merely an instrument for promoting future social welfare, and the retributivist justification for punishment, according to which the principal aim of punishment is to give people what they deserve based on their past actions. (shrink)

This article offers an interpretation of the concept of ‘zheng 正’ as it appears in Daodejing and Zhuangzi. My aim is to reveal and develop the contributions that the Dao...

Søren Kierkegaard’s claim that having faith requires being contemporary with Christ is one of the most important, yet difficult to interpret claims across his entire authorship. How can one be contemporary with a figure who existed more than two millennia ago? A prominent answer to this question is that contemporaneity with Christ is achieved through a kind of imaginative co-presence made possible by reading Scripture. However, I argue, this ignores what Kierkegaard thinks about Christ as a living agent, and not (...) a merely historical agent. By drawing on Kierkegaard’s discussion of Christ’s true presence in the sacrament of Communion, I argue that contemporaneity with Christ should be understood in the same way as any other intersubjective relation. That is, I argue, that just as relating to any living person as contemporary requires a kind of two-way attention-sharing, relating to Christ as contemporary, on Kierkegaard’s account, requires a kind of two-way attention-sharing with Christ. (shrink)

This article explores what it calls the “documentarist” hypothesis: the belief that the subject matter of history, the past, is structurally absent and thus can be reached only by way of documents, testamentary traces of various sorts . The first part of the article works out the documentarist position through interpretations of creative works that embody it and of a variety of reflections on historiography—those of Michel de Certeau and Paul Ricoeur, as well as some “postmodern historiography.” It argues that (...) documentarism ultimately faces an insoluble problem: it presupposes the pastness of the past, yet it cannot give itself the latter by way of the documents to which it believes itself confined. Documentarism assumes as already at hand a historical-temporal horizon of past, present, and future, for which it itself cannot account. In the second part of the article, accordingly, I turn to the historiographical portion of Faulkner's The Bear to expose the operativity of this always already given temporality. Faulkner's tale gives us access to a more radical historicity than any upon which documentarists reckon; yet this historicity turns out to sit askew from the usual frameworks of history as we know them, especially those of periods and epochs. The tension in Faulkner's own work between periodizing and event-laden explanations, I conclude, points to questions that fall beyond history as currently conceived. (shrink)

One strategy for providing an analysis of practical rationality is to start with the notion of a practical reason as primitive. Then it will be quite tempting to think that the rationality of an action can be defined rather simply in terms of ‘the balance of reasons’. But just as, for many philosophical purposes, it is extremely useful to identify the meaning of a word in terms of the systematic contribution the word makes to the meanings of whole sentences, this (...) paper argues that it is extremely useful to explain the nature of practical reasons in terms of the systematic contributions that such reasons make to the wholesale rational statuses of actions. This strategy gives us a clear view of two logically distinct normative roles for practical reasons – justifying and requiring – that are often conflated, and it allows us to give clear definitions of what ‘the strength of a reason’ means within each of these roles. The final section of the paper explores some implications of the resulting view for the internalism/externalism debate about practical reasons, and for the practical significance of moral theory. (shrink)

Social constructionists about race frequently hold that race does not travel, that race is socially constructed, and that racial passing is possible. Ron Mallon has argued that these three principles cannot be consistently held at once. This article argues otherwise.

Moral phenomenology has enjoyed a resurgence lately, and within the field, a trend has emerged: uniform rejection of the idea that the experience of making ‘direct’ moral judgments has any phenomenal essence, that is, any phenomenal property or properties that are always present and that distinguish these experiences from experiences of making non-direct- moral judgments. This article examines existing arguments for this anti-essentialism and finds them wanting. While acknowledging that phenomenological reflection is an unstable pursuit, it is maintained here that (...) phenomenological essentialism about a certain domain of direct moral judgment, namely direct judgment of obligation and prohibition, is more credible than has been recognized. The positive proposal is to rehabilitate something close to Maurice Mandelbaum’s essentialism, specifically to maintain that direct moral judgment ’s phenomenal essence is arguably its felt categorical demand. The key to making this argument is to assume a ‘rich view’ of moral consciousness, the view that phenomenal features of moral judgment might be present even when they are not attended to. This assumption is controversial, but it is warranted by two considerations. First, though controversial, the rich view is intuitively plausible. Second, it reveals that the existing arguments against the kind of essentialism defended here appear to tacitly presuppose an equally controversial – and arguably less intuitive – rejection of the rich view. (shrink)

In the last decade there arose a debate between William P. Alston and Nicholas Wolterstorff on the subject of Thomas Aquinas’s doctrine of analogia—that is, the position that perfection terms, when properly predicated of God and of creatures, are distinct, yet related in meaning. Whereas Alston interprets Aquinas to hold this well-known position before criticizing it, Wolterstorff argues that Aquinas actually did not hold the position as it is usually presented. In this paper, I show why Alston’s “orthodox” interpretation is (...) more faithful to the letter of Aquinas’s text than is Wolterstorff’s “heterodoxy” and attempt to defuse Alston’s criticisms. (shrink)

Good communication is critical to the practice of medicine. This is particularly true when outcomes are unpredictable and/or patients lack the capacity to participate in medical decision making. Disputes may develop that cannot be addressed using basic communication skills. Conflict of this nature can burden patients, families, and medical staff and may result in increased suffering for all parties. Many physicians lack the necessary communication tools to handle difficult conversations. Training in bioethics mediation provides physicians with skills that can promote (...) healing by empowering participants to engage in effective discourse and break down barriers to find common ground. Mediation training for physicians can expand their capacity to connect with patients and enhance their ability to identify potential conflict early on, in order to collaborate more effectively. Competency in the processes of negotiation and conflict resolution should therefore be seen as essential elements of medical training. (shrink)

Recently the idea that race is biologically real has gained more traction. One argument against this claim is that the populations identified by science do not sufficiently map onto the concept of race as deployed in the relevant racial discourse, namely folk racial discourse. Call that concept the concept of race-f. Robin Andreasen (2005) argues that this "mismatch" criticism fails, on a variety of grounds including: ordinary folk semantically defer to scientists; scientists can disagree about facts; historians disagree about the (...) origins of the term 'race'; 'race' has had a diversity of meanings; some of those meanings privileges geography over visible traits; and that the scientific definition of 'race' is autonomous from the folk definition of 'race.' It is argued here that all of these responses to the mismatch criticism do not succeed, and that the last in fact vindicates it. Similar arguments to the last, autonomy argument, are also examined. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Go's Command by John HareJoshua T. MauldinGod's Command John Hare OXFORD: OXFORD UNIVERSITY PRESS, 2015. 368 pp. $110.00Divine command theory has received a significant amount of high-powered philosophical attention in recent years, notably in works by C. Stephen Evans, Robert Adams, and Philip Quinn. John Hare's book God's Command joins this [End Page 197] discussion and advances it by attending not only to the Christian tradition but also (...) to Judaism and Islam, and by engaging with evolutionary psychology. Central to Hare's account of divine command theory is the claim that human nature is a "mixture," characterized by the dual affections for advantage and for justice. Against theories that assume a single-source account of motivation (e.g., eudaimonism), Hare contends that human beings experience the pull of competing motivations, toward morality and self-interest. Any adequate moral theory will account for both motivations and indicate how they can be reconciled. Hare contends that his version of divine command theory is up to this task.It is on this point that Hare most clearly adheres to his claim at the beginning and the end of God's Command that the book "defends the thesis that what makes something morally obligatory is that God commands it, and what makes something morally wrong is that God commands us not to do it" (1). Elsewhere in the book, this kind of philosophical defense recedes. After an initial chapter describing divine command theory in general, and two chapters on eudaimonism and naturalistic deductivism, Hare provides three chapters illustrating how divine command theory is worked out by representative thinkers in the traditions of Christianity, Islam, and Judaism, followed by a chapter on how divine command theory can accommodate the findings of evolutionary psychology. The book ends with a summary, showing how the various pieces of the book, which at times read like a series of independent essays, constitute a single picture. In these latter chapters, Hare seems to leave behind the philosophical defense of divine command theory, turning instead toward a discussion of what kind of divine command theory theists should adopt, given their predetermined commitment to theism and divine command theory in general.In one sense, this shift can be understood in terms of audience. Initially, Hare addresses anyone interested in ethics. By the second half of the book, Hare has shifted to convincing theistic ethicists that the best way to hold together their various commitments is to adopt a divine command theory, as opposed to other options such as Eudaimonism. This shift arises as an attempt to fend off a potential criticism of divine command theory—the possibility that people will do terrible things in the name of God's command. Hare suggests that Kant provides one solution to this problem, which is that if we think God is commanding us to do something that is at odds with practical reason, we ought to doubt that God is really commanding us to do this thing. Hare is sympathetic to Kant here, but he also seems to think that Kant's solution would undermine his own project, insofar as it makes God's command appear superfluous. Hare's alternative approach involves acknowledging that religious traditions possess safeguards to protect against the possibility that appeal to a divine command is used to justify horrendous evils. For Hare, the Abrahamic traditions provide historical evidence that the benefits of divine command ethics can be enjoyed without accepting the apparently bad aspects. [End Page 198]Hare himself notes that there is a kind of circularity here. He has made the point as a kind of hypothetical: If you already believe in God as the divine commander, and adhere to one of the Abrahamic traditions, you will possess resources to overcome this problem. As he admits at the end of chapter 5, he has not addressed the question of why someone who does not already believe in God as the source of morality ought to begin to do so. Nevertheless, the question of whether thinkers within religious traditions have provided compelling answers to the epistemological problems at the center of divine command theory will be of interest to... (shrink)

One of the most pressing ethical challenges facing phase I cancer research centres is the process of informed consent. Historically, most scholarship has been devoted to redressing therapeutic misconception, that is, the conflation of the nature and goals of research with those of therapy. While therapeutic misconception continues to be a major ethical concern, recent scholarship has begun to recognise that the informed consent process is more complex than merely a transfer of information and therefore cannot be evaluated only according (...) to how well an individual understands such information. Other components of decision-making operate independently of understanding and yet still may compromise the quality of informed consent. Notable among these components is unrealistic optimism, an event-specific belief that one has a better chance of receiving benefit than others similarly situated. In this article, we consider responses to interviews with parents who had recently completed an informed consent conference for enrolling their child in a phase I cancer clinical trial to examine how this influence manifests and how investigators might address it during informed consent. (shrink)

There is a lot to like in Neal DeRoo’s Futurityin Phenomenology. In it, he canvases his three titular authors’ treatments of time , and his scholarship on all three is impressive. He shows himself familiar with their most decisive texts on this subject, as well as with much of the relevant secondary literature. His treatment of Husserl is especially noteworthy. DeRoo’s treatment of this subject, which in part draws on his previous publications, equals, if not surpasses, especially in its scope (...) and detail, all others in English that bring Husserl’s work on time together with French “post-Husserlians,” such as Emmanuel Levinas and Jacques Derrida.Along with generally sound presentations of difficult texts, DeRoo also often wrestles admirably with the things themselves. On a number of occasions, having seemingly completed an argument or arrived at a conclusion, he turns around and calls it into question. (Thus, having associated futurity with ethicality, he repeated .. (shrink)

In a recent issue of this journal, Benjamin Schnieder has presented an objection to the account of individual substance that we have developed and put to various uses in our works on metaphysics. According to Schnieder's objection, our proposal to analyse this notion of substantiality suffers from a special kind of circularity. In this paper, we give two replies to Schnieder's objection. The first is that a successful analysis is not, in fact, required to avoid the sort of circularity about (...) which Schnieder complains. The second is that our analysis does not involve the alleged circularity. (shrink)

When a rainbow spans the sky the eye may rest with simple rapture on the arch of colours, or the mind may interpret it as an interplay between raindrops and light. This perceptibly separates the aesthetic relish of the colours from the scientific understanding of the bow. Archbishop Temple distinguished the restfulness of art from the restlessness of science. This applies to the wider aesthetic which includes natural products, such as snow-scenes or daffodils or rainbows, with the pictures, statues, buildings, (...) poems, and other products of man-made art. The rainbow clearly separates the understanding sought by science from the immediate contemplative aesthetic satisfaction with the colours. (shrink)

1. Legal Positivism vs Natural Law -- An Overview -- 2. The Centrality of Normativity to the Concept of Law -- 3. The Gewirthian Solution -- 4. Defending the Necessary Connection -- 5. Reasons, Law and all that Raz -- 6. Accepting the Trojan Horse -- The Necessary Conclusion.

The droid rights movement may also need a snappy byline. “La Lutte Continue” – may the struggle continue – was one of the most popular social justice slogans to emerge from L'Atelier Populaire during the 1968 Paris riots. This chapter looks at what legal personhood actually means. Legal systems today still operate on this binary. But most legal systems see no necessary connection between moral persons and legal persons. Instead, they see legal persons as an entirely separate legal category. So, (...) for example, legal systems have no problem recognizing things like ships or temple ruins as legal persons with rights despite their not being moral persons. If L3 is right and droid sentience means they're rational, moral persons deserving of rights, then a lawyer working from ideas of natural law would say their legal personhood must be recognized. (shrink)

As divisive as the work undoubtedly remains, ‘On Civil Religion’ merits renewed attention. Possessing the courage of Jean-Jacques Rousseau’s convictions and contradictions both, it offers a flawed yet productive confrontation with still-enduring politico-theological tensions and, more broadly, a compelling case for the pedagogical value of provocation. By pressing these debates upon our collective attention, he alerts us, in no uncertain terms, to the vital role contentiousness plays in civic affairs. And in potentially fanning the flames of this still-burning fire, Rousseau’s (...) ‘purely civil profession of faith’ provokes us once again to reconsider the theoretical and practical reconciliation of religious and political institutions, all while pushing us – insistently, at times even unreasonably – down a path towards some form of democratic rapprochement. ‘On Civil Religion’ therefore reflects a tense dialectic between piety and profanity, pessimism and idealism, civility and intolerance, civic-mindedness and individualism, reason and emotion. Yet in striking so many dissonant chords, it prods us even now to revisit the relationship between religious and civic institutions as they are, and envision how it might be. (shrink)

Among the many parodic elements in theHomeric Hymn to Hermesis the day-old baby's fart-omen. As is well-known, sneezing was considered prophetic in the ancient world, and the humour of the scene comes from the immediately preceding fart and the fact that Hermes’ bodily emissions are deliberate (σɉυ… øρασσάμευoζ ‘contriving’). Apollo has, in fact, gone in search of his baby brother on the basis of a standard bird-omen (note 2131 ‖ oìωυɂυ and 215 ‖༐σσυμέυωζ, echoed exactly in the later passage) and (...) confronted with Hermes’ signs, he recognizes that the crepitation is just as much an omen as the sneeze, witness the plural τoúτoιζ oìωυoîσι a few lines later (303). We may compare a passage in Aristophanes’Knights(638—42) where the Sausage-seller reports that he took courage before speaking to the Council from a good omen: a man farted to the right, ༐κ δπξιâζ ᾤπέπαρδε (639). Aristophanes’ formulation suggests to me that the composer of the hymn may be intentionally setting up a play on words (or even the possibility for a slip of the tongue or mishearing): the only difference between the verbal form ༐πέπταδε ‘sneezed’ (aorist to ༐πι-πτάρυuμαι, -πταíρω and its near-homophone ༐πέπαρδε ‘farted’ (aorist to ༐πι-πρδoμαι) is the (cross-linguistically trivial) reversal of the liquid and the dental stop. (shrink)

Among the many parodic elements in theHomeric Hymn to Hermesis the day-old baby's fart-omen. As is well-known, sneezing was considered prophetic in the ancient world, and the humour of the scene comes from the immediately preceding fart and the fact that Hermes’ bodily emissions are deliberate (σɉυ… øρασσάμευoζ ‘contriving’). Apollo has, in fact, gone in search of his baby brother on the basis of a standard bird-omen (note 2131 ‖ oìωυɂυ and 215 ‖༐σσυμέυωζ, echoed exactly in the later passage) and (...) confronted with Hermes’ signs, he recognizes that the crepitation is just as much an omen as the sneeze, witness the plural τoúτoιζ oìωυoîσι a few lines later (303). We may compare a passage in Aristophanes’Knights(638—42) where the Sausage-seller reports that he took courage before speaking to the Council from a good omen: a man farted to the right, ༐κ δπξιâζ ᾤπέπαρδε (639). Aristophanes’ formulation suggests to me that the composer of the hymn may be intentionally setting up a play on words (or even the possibility for a slip of the tongue or mishearing): the only difference between the verbal form ༐πέπταδε ‘sneezed’ (aorist to ༐πι-πτάρυuμαι, -πταíρω and its near-homophone ༐πέπαρδε ‘farted’ (aorist to ༐πι-πρδoμαι) is the (cross-linguistically trivial) reversal of the liquid and the dental stop. (shrink)