The stakes are very high in many struggles over cultural property, not only because the property is itself valuable, but also because property rights of many kinds hinge on cultural identity. However, the language of property rights and possession, and the standards for establishing cultural rights, is founded in antiquated and essentialized concepts of cultural continuity and cultural purity. As cultural property and culturally-defined rights become increasingly valuable in the global marketplace, disputes over ownership and management are becoming more and (...) more intense. Using the example of a recent lawsuit over logging on Mayan Indian reservations in the Central American country of Belize, this paper argues that cultural essentialist positions are no longer tenable. Assigning exclusive ownership of globally important resources to any group or entity on purely cultural grounds is likely to prolong conflict instead of creating workable management structures. The author instead advocates a concept of “stakeholding” which acknowledges the legitimate interests of diverse individuals and groups. (shrink)
In various areas of Anglo-American law, legal liability turns on causation. In torts and contracts, we are each liable only for those harms we have caused by the actions that breach our legal duties. Such doctrines explicitly make causation an element of liability. In criminal law, sometimes the causal element for liability is equally explicit, as when a statute makes punishable any act that has “ caused … abuse to the child….” More often, the causal element in criminal liability is (...) more implicit, as when criminal statutes prohibit killings, maimings, rapings, burnings, etc. Such causally complex action verbs are correctly applied only to defendants who have caused death, caused disfigurement, caused penetration, caused fire damage, etc. (shrink)
Freud justified his extensive theorizing about dreams by the observation that they were “the royal road” to something much more general: namely, our unconscious mental life. The current preoccupation with the theory of excuse in criminal law scholarship can be given a similar justification, for the excuses are the royal road to theories of responsibility generally. The thought is that if we understand why we excuse in certain situations but not others, we will have also gained a much more general (...) insight into the nature of responsibility itself. Nowhere has this thought been more evident than in the century-old focus of criminal law theoreticians on the excuse of insanity, a focus that could not be justified by the importance of the excuse itself. In this paper I wish to isolate two theories of excuse, each of which instantiates its own distinctive theory of responsibility. One is what I shall call the choice theory of excuse, according to which one is excused for the doing of a wrongful action because and only because at the moment of such action's performance, one did not have sufficient capacity or opportunity to make the choice to do otherwise. Such a choice theory of excuse instantiates a more general theory of responsibility, according to which we are responsible for wrongs we freely choose to do, and not responsible for wrongs we lacked the freedom to avoid doing. The second I shall call the character theory of excuse, according to which one is excused for the doing of a wrongful action because and only because such action is not determined by those enduring attributes of ourselves we call our characters. (shrink)
Over these few short pages, I should like to offer you a brief introduction, or rather, a lengthy invitation, to an emerging field of scientific study. Rather than attempt, impossibly, to convey the richness of the tapestry, and its significance, I shall confine myself instead to drawing your attention to just a few of the threads running through it, and say a little about why I think these threads worth pursuing.
The main goal of this paper is to present the philosophical explanation of the marital relationship according to the Polish philosopher Karol Wojtyła. In our research, our attention was focused mainly on his book Love and Responsibility; the early philosophical work of a young, 37 year old Professor of Philosophy at the Catholic University in Lublin, Poland. In his writings, Karol Wojtyła—the future Pope John Paul II—presents marriage as a monogamous, indissoluble relationship between a man and a woman, which grows (...) out of mutual love for the purpose of procreation. Such a relationship is ruled by the „personalistic norm" which says that a person can never, under any circumstances, be a mere object of enjoyment for another person, but can only be the object of love. Love is a self-giving for the good of one's counterpart, so Marriage as a personalistic unity persists as long as these persons are alive. Because love is fecund from its very essence, so it is fruitful from its nature. Thus, procreation belongs to the principle ends of marriage. Such an attitude—as K. Wojtyła proves—is opposed to the utilitarian point of view of man and Marriage. According to the utilitarian conception, a person can be used as a means for achieving the highest good, i.e., pleasure. (shrink)
Who are you to tell me what I should do? What gives you the right to order me around? How dare you call me a racist!? Many of us have heard these refrains over the course of the 2016 US Presidential campaign and since the election of Donald Trump. We try to talk to Trump supporters—family, former classmates, home-town friends, and online acquaintances—about the racism, xenophobia, sexism, transphobia, ableism, and authoritarianism that some of us have judged to be endemic to (...) his campaign and nascent administration. We try to hold them accountable for supporting him, and, almost inevitably, we meet with responses like these.In this essay, I aim to develop an understanding of these encounters by framing them as... (shrink)
This paper deals with Ludwik Fleck’s theory of thought styles and Michael Polanyi’s theory of tacit knowledge. Though both concepts have been very influential for science studies in general, and both have been subject to numerous interpretations, their accounts have, somewhat surprisingly, hardly been comparatively analyzed. Both Fleck and Polanyi relied on the physiology and psychology of the senses in order to show that scientific knowledge follows less the path of logical principles than the path of accepting or rejecting (...) specific conventions, where these may be psychologically or sociologically grounded. It is my aim to show that similarities and differences between Fleck and Polanyi are to be seen in the specific historical and political context in which they worked. Both authors, I shall argue, emphasized the relevance of perception in close connection to their respective understanding of science, freedom, and democracy. (shrink)
In the Trolley Case, as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.
Cognitive control is easy to identify in its effects, but difficult to grasp conceptually. This creates somewhat of a puzzle: Is cognitive control a bona fide process or an epiphenomenon that merely exists in the mind of the observer? The topiCS special edition on cognitive control presents a broad set of perspectives on this issue and helps to clarify central conceptual and empirical challenges confronting the field. Our commentary provides a summary of and critical response to each of the papers.
Michael Walzer is currently at the School of Social Science, Institute for Advanced Study, in Princeton, New Jersey. Professor Walzer has written Just and Unjust Wars; The Revolution of the Saints and has edited Toward A Global Civil Society. In this interview, he discusses some of the current concerns about education, political theory and the current state of the art of toleration, and acceptance and accommodation of different racial, ethnic, social and minority groups. He has published extensively and his (...) work has been translated in several other languages. In this interview, he responds to questions about his work, his writings and his current concerns. (shrink)
Bart Pattyn: Needless to say, we are more than pleased with the willingness of Michael Walzer to be here in Leuven. After the stimulating lecture yesterday we now have the opportunity to pose some questions to Michael Walzer in the same room where we talked with his friend, Harry Frankfurt, as well as with Bernard Williams. I have asked Professor Selling to moderate this discussion which I am sure he will do with a firm hand.Joseph Selling: We have (...) two papers which Prof. Walzer, and many of you, have read in advance. Perhaps we can take the questions from the authors of those papers and then take other questions. (shrink)
Recent years have seen growing evidence of a fruitful engagement between phenomenology and cognitive science. This paper confronts an in-principle problem that stands in the way of this intellectual coalition, namely the fact that a tension exists between the transcendentalism that characterizes phenomenology and the naturalism that accompanies cognitive science. After articulating the general shape of this tension, I respond as follows. First, I argue that, if we view things through a kind of neo-McDowellian lens, we can open up a (...) conceptual space in which phenomenology and cognitive science may exert productive constraints on each other. Second, I describe some examples of phenomenological cognitive science that illustrate such constraints in action. Third, I use the mutually constraining relationship at work here as the platform from which to bring to light a domesticated version of the transcendental and a minimal form of naturalism that are compatible with each other. (shrink)
Consequentialists are sometimes accused of being unable to accommodate all the ways in which an agent should care about her own integrity. Here it is helpful to follow Stephen Darwall in distinguishing two approaches to moral theory. First, we might begin with the value of states of affairs and then work our way ‘inward’ to our integrity, explaining the value of the latter in terms of their contribution to the value of the former. This is the ‘outside-in’ approach, and Darwall (...) argues that it is well-suited to defending consequentialism. Alternatively, we might begin with the perspective of a virtuous agent's concern for her integrity, and then work our way ‘outward’, building a conception of the value of states of affairs from this perspective. On this ‘inside-out’ account there is a kind of agent-centred concern each agent should have for her own integrity simply because it is her own. The inside-out approach therefore suggests a possible rationale for a non-consequentialist moral theory, in so far as such a fundamental egocentric concern for one's own integrity seems alien to consequentialism's commitment to the agent-neutrality of value. If this is correct then the consequentialist should explain why we should prefer the outside-in approach to its rival. I argue that the consequentialist can meet this challenge. (shrink)
The arguments for redistribution of wealth, and for prohibiting certain transactions such as price-gouging, both are based in mistaken conceptions of exchange. This paper proposes a neologism, “euvoluntary” exchange, meaning both that the exchange is truly voluntary and that it benefits both parties to the transaction. The argument has two parts: First, all euvoluntary exchanges should be permitted, and there is no justification for redistribution of wealth if disparities result only from euvoluntary exchanges. Second, even exchanges that are not euvoluntary (...) should generally be permitted, because access to market exchange may be the only means by which people in desperate circumstances can improve their position. (shrink)
We argue that thoughts are structures of concepts, and that concepts should be individuated by their origins, rather than in terms of their semantic or epistemic properties. Many features of cognition turn on the vehicles of content, thoughts, rather than on the nature of the contents they express. Originalism makes concepts available to explain, with no threat of circularity, puzzling cases concerning thought. In this paper, we mention Hesperus/Phosphorus puzzles, the Evans-Perry example of the ship seen through different windows, and (...) Mates cases, and we believe that there are many additional applications. (shrink)
Consider the following situation. It is the first day of school, and the new third-grade students file into the classroom to be shown to their seats for the coming year. As they enter, the third-grade teacher notices one small boy who is particularly unkempt. He looks to be in desperate need of bathing, and his clothes are dirty, torn and tight-fitting. During recess, the teacher pulls aside the boy's previous teacher and asks about his wretched condition. The other teacher informs (...) her that he always looks that way, even though the boy's family is quite wealthy. The reason he appears as he does, she continues, is that the family observes an odd practice according to which the children do not receive many important things – food, clothing, bathing, even shelter – unless they specifically request them. Since the boy, like many third-graders, has little interest in bathing and clean clothes, he just never asks for them. (shrink)
The idea that immoral behaviour can sometimes be admirable, and that moral behaviour can sometimes be less than admirable, has led several of its supporters to infer that moral considerations are not always overriding, contrary to what has been traditionally maintained. In this paper I shall challenge this inference. My purpose in doing so is to expose and acknowledge something that has been inadequately appreciated, namely, the moral aspect of nonmoral goods and evils. I hope thereby to show that, even (...) if immorality can be admirable, this poses no threat to morality. (shrink)
James Lenman is critical of my claim that moral requirements are requirements of reason. I argue that his criticisms miss their target. More importantly, I argue that the anti-rationalism that informs Lenman's criticisms is itself implausible.
The belief to have fixed or malleable traits and help giving: implicit theories and sequential social influence techniques Two sequential social influence techniques, the foot-in-the-door and the door-in-the-face, seem to be symmetrical, but there are different moderators and quite different mechanisms underlying each of the strategies. What links both techniques is the social interaction between a person presenting a sequence of requests and an interlocutor. The techniques' effectiveness depends on the course and perception of the interaction and the difficulty of (...) requests in the sequence. The aim of the article was to verify various mechanisms of incremental and entity theorists compliance with the FITD and the DITF techniques. In a series of four studies it was shown that incremental theorists comply the FITD technique to a greater extend especially when a sequence of requests meets their mastery style of behavior thus means an interesting challenge to undertake or opportunity to deepen contact with a newly met person. Entity theorists are more prone to the DITF strategy as their helpless style of behavior and sense of guilt are triggered, thus a sequence of decreasing in magnitude demands is perceived as less threatening. (shrink)
In early 1864, disappointed by the response to his previous work, the young Manchester academic W. Stanley Jevons announced that he was undertaking a study of the so-called coal question: ‘A good publication on the subject would draw a good deal of attention … it is necessary for the present at any rate to write on popular subjects’. When Jevons's The Coal Question was published in April 1865, however, it received comparatively little attention and sales were slow. Jevons and his (...) publisher, Alexander Macmillan, then began sending complimentary copies to luminaries such as Sir John Herschel and Alfred Tennyson. In February 1866 the marketing campaign produced its first substantial return. Macmillan had sent CQ to William Gladstone who responded with letters to both Macmillan and Jevons, noting that the book had strengthened his ‘conviction’ on the necessity for reducing the National Debt. In April, John Stuart Mill praised CQ in the House of Commons, calling for action on the Debt and, three weeks later, as Chancellor of the Exchequer, Gladstone introduced the budget using half his speech to examine the Debt situation and referring to CQ in support for a proposed measure of Debt reduction. With the extensive publicity given to CQ following Mill's speech and the budget, Jevons had achieved his objective in writing the text which went into a second edition in 1866. On the face of it, CQ 's success was due to its effect of introducing a change in budget policy and this is the impression given by some accounts of the episode. (shrink)