Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics.Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processesbecame palpable in the 'religious' affinities of the constitutional preambles. They were held (...) as 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu). (shrink)

This paper has three aims: to define autonomism clearly and charitably, to offer a positive argument in its favour, and to defend a larger view about what is at stake in the debate between autonomism and its critics. Autonomism is here understood as the claim that a valuer does not make an error in failing to bring her moral and aesthetic judgements together, unless she herself values doing so. The paper goes on to argue that reason does not require the (...) valuer to make coherent her aesthetic and moral evaluations. Finally, the paper shows that the denial of autonomism has realist commitments that autonomism does not have, and concludes that issues of value realism and irrealism are relevant to the debates about autonomism in ways that have not hitherto been recognized. (shrink)

The basic relations and functions that mathematicians use to identify mathematical objects fail to settle whether mathematical objects of one kind are identical to or distinct from objects of an apparently different kind, and what, if any, intrinsic properties mathematical objects possess. According to one influential interpretation of mathematical discourse, this is because the objects under study are themselves incomplete; they are positions or akin to positions in patterns or structures. Two versions of this idea are examined. It is argued (...) that the evidence adduced in favor of the incompleteness of mathematical objects underdetermines whether it is the objects themselves or our knowledge of them that is incomplete. Also, holding that mathematical objects are incomplete conflicts with the practice of mathematics. The objection that structuralism is committed to the identity of indiscernibles is evaluated and it is also argued that the identification of objects with positions is metaphysically suspect. (shrink)

This essay considers the nature of conceptual frameworks in science, and suggests a reconsideration of the role played by philosophy in radical conceptual change. On Kuhn's view of conceptual conflict, the scientist's appeal to philosophical principles is an obvious symptom of incommensurability; philosophical preferences are merely “subjective factors” that play a part in the “necessarily circular” arguments that scientists offer for their own conceptual commitments. Recent work by Friedman has persuasively challenged this view, revealing the roles that philosophical concerns have (...) played in preparing the way for conceptual change, creating an enlarged conceptual space in which alternatives to the prevailing framework become intelligible and can be rationally discussed. If we shift our focus from philosophical themes or preferences to the process of philosophical analysis, however, we can see philosophy in a different and much more significant historic role: not merely as an external source of general heuristic principles and new conceptual possibilities, but, at least in the most important revolutionary developments, as an objective tool of scientific inquiry. I suggest that this approach offers some insight into the philosophical significance of Newton's and Einstein's revolutionary work in physics, and of the interpretation of their work by (respectively) Kant and the logical positivists. It also offers insight into the connections between modern philosophy of science and some traditional philosophical concerns about the nature of a priori knowledge. (shrink)

Although Bohr's reply to the EPR argument is supposed to be a watershed moment in the development of his philosophy of quantum theory, it is difficult to find a clear statement of the reply's philosophical point. Moreover, some have claimed that the point is simply that Bohr is a radical positivist. In this paper, we show that such claims are unfounded. In particular, we give a mathematically rigorous reconstruction of Bohr's reply to the _original_ EPR argument that clarifies its logical (...) structure, and which shows that it does not rest on questionable philosophical assumptions. Rather, Bohr's reply is dictated by his commitment to provide "classical" and "objective" descriptions of experimental phenomena. (shrink)

This paper argues that egalitarian theories should be judged by the degree to which they meet four different challenges. Fundamentalist egalitarianism, which contends that certain inequalities are intrinsically bad or unjust regardless of their consequences, fails to meet these challenges. Building on discussions by T.M. Scanlon and David Miller, we argue that egalitarianism is better understood in terms of commitments to six egalitarian objectives. A consequence of our view, in contrast to Martin O'Neill's “non-intrinsic egalitarianism,“ is that egalitarianism is better (...) understood as a family of views than as a single ethical position. (shrink)

Spinoza’s remarks on the exemplar or model of human nature, while few and brief, have far-reaching consequences for his ethics. While commentators have offered a variety of interpretations of the model and its implications, there has been near unanimous agreement on one point, that the identity of the model is the free man, described from E4P66S to E4P73. Since the free man is completely self-determining and, thus, perfectly free and rational, this reading indicates that Spinoza’s ethics sets exceptionally high goals, (...) aiming to make us purely active beings. While this conclusion has been embraced in some quarters—particularly by those who see his ethics as aiming to make us like God—it has also been criticized as intolerant of human weakness and vulnerability. Most work on this subject has been concerned to explain what it means for the free man to serve as the model. This is a difficult task, since Spinoza pointedly claims that it is impossible for human beings to become completely self-determining and, thus, free men. Consequently, it is unclear what implications his claims about the free man have for us, ordinary humans. This paper takes a different approach: I will show that reading the free man as the model of human nature, while intuitively appealing, does not stand up to close scrutiny. The argument for this claim has two prongs: the first asserts that there is not sufficient textual evidence to establish that Spinoza intended the free man to serve as the model; the second asserts that this reading is impossible to reconcile with Spinoza’s other philosophical commitments. In particular, Spinoza holds that we pursue the model of human nature, as well as the general ethical goals of attaining our good and perfection, under the guidance of reason. It would be inconsistent with this claim for Spinoza’s ethics to be founded upon attaining a goal that reason reveals as unattainable and, even, confused. In addition to this negative thesis, I will also defend a positive one: the model of human nature should rather be understood as representing the greatest possible perfection of our nature as it is revealed by reason. The free man meanwhile should be understood as working toward a different goal, determining what is good and bad in the emotions. In making this claim, we offer a very different picture of Spinoza’s ethical goals, for reason shows that our nature is conatus, which is a finite mode and, as such, necessarily determined by and passive with respect to other finite modes. Consequently, a model derived from reason will represent the perfection of this nature as passive to some extent. In this way, I provide a picture of Spinoza’s ethics that takes a more sympathetic view of human weakness and vulnerability. (shrink)

Mathematics poses a difficult problem for methodological naturalists, those who embrace scientific method, and also for ontological naturalists who eschew non-physical entities such as Cartesian souls. Mathematics seems both essential to science but also committed to abstract non-physical entities while methodologically it seems to have no place for experiment or empirical confirmation. The chapter critically reviews a number of responses naturalists have made including logicism, Quinean radical empiricism, and Penelope Maddy’s variant thereof and suggests some further problems both for ontological (...) and for methodological naturalists. (shrink)

Does the claimed fine-tuning of the constants of nature for life give reason to think that there are many other universes in which the constants have different values? Or does the inference from fine-tuning to a multiverse commit what Hacking calls the inverse gambler’s fallacy? The present paper considers two fine-tuning problems that seem promising to consider because they are in many respects analogous to the problem of the fine-tuned constants. Reasoning that parallels the inference from fine-tuning to a multiverse (...) seems prima facie adequate in these problems. However, it turns out that in both cases there are independent empirical reasons to believe the hypotheses that are analogous to the multiverse hypothesis. In the absence of such evidence, it would be coherent to raise the inverse gambler’s fallacy charge against the inference from fine-tuning to these multiverse-type hypotheses. In response to this finding, I suggest taking the possibility seriously that established standards of rationality may not allow us to decide whether the inference from fine-tuning to a multiverse is fallacious or not. The paper concludes by sceptically assessing the prospects for obtaining independent empirical evidence for concrete multiverse theories. (shrink)

The riddle of the Cleitophon is a creature of nineteenth-century German scholarship which premised that Plato had developed a profound philosophical system. Thus, having no intrinsic purpose to serve in the context of the development of Plato's philosophy, Cleitophon was disallowed as spurious. Documenting the reception of this minor dialogue provides insights into the pluralism and the perplexities of modern Platonic exegesis. The more recent idea of a genre of literary fiction helps to restore cleitophon to its place in the (...) Platonic corpus. S.R. Slings's edition of this dialogue, with introduction, translation and commentary reconsiders both Plato's dialogical engagements and intellectual commitments, utilizes a two-dimensional approach to the text that avoids exaggerated conjectures, and effectively defends the authenticity of Cleitophon. (shrink)

Attempts by David Bridges and others to justify certain models of competence-based education and training (CBET) are criticised on the grounds that they do not challenge the behaviouristic nature of the functional analysis system which underpins CBET. Competence strategies serve to de-skill and de-professionalise teaching and other public-service occupations by their technicist and reductionist approach to human values and knowledge. Educators committed to liberal values should eschew competence strategies in favour of learning theories inspired by the experiential tradition.

Dennis Ahern and David Soles raise substantial problems for the conventional interpretation of Mo Tzu as a utilitarian. Although they defend different interpretations, both scholars agree that Mo Tzu is committed to a divine command theory in some form, citing the same key passages where, supposedly, Mo Tzu explicitly endorses the divine command theory. In this paper, I defend the orthodox interpretation, insisting that Mo Tzu is a utilitarian. I show that the passages cited by Ahern and Soles do not (...) explicitly endorse the divine command theory and are compatible with the utilitarian interpretation; in fact, I argue that many of these passages must be understood in light of a utilitarian interpretation if they are to be rendered intelligible at all. After showing that motivation for the divine command interpretation is lacking, I argue that the only satisfactory alternative is to understand Mo Tzu as a consistent utilitarian. (shrink)

Attempts by David Bridges and others to justify certain models of competence-based education and training (CBET) are criticised on the grounds that they do not challenge the behaviouristic nature of the functional analysis system which underpins CBET. Competence strategies serve to de-skill and de-professionalise teaching and other public-service occupations by their technicist and reductionist approach to human values and knowledge. Educators committed to liberal values should eschew competence strategies in favour of learning theories inspired by the experiential tradition.

In 1962, Harvard professor of anesthesiology Henry Beecher wrote to Senator Estes Kefauver about certain additions to the federal Food and Drug Act then being considered. According to The Antibiotic Era, the Maryland congressman Samuel Friedel had introduced language that would require informed consent in clinical research. Beecher joined a number of other distinguished medical scientists warning that such a requirement would “cripple” American medical research. A year before, Beecher had protested the U.S. Army's inclusion of the Nuremberg Code in (...) its contracts. Beecher's commitment to a medical ethics of virtue rather than one of oversight suggests that he was a far more interesting person than the cardboard cutout so often vaguely referenced in bioethics as an icon of the rights of human subjects. His thinking about research ethics was rooted in his post‐World War II laboratory work with LSD. (shrink)

Kant on sex gives most philosophers the following associations: a lifelong celibate philosopher; a natural teleological view of sexuality; a strange incorporation of this natural teleological account within his freedom-based moral theory; and a stark ethical condemnation of most sexual activity. Although this paper provides an interpretation of Kant’s view on sexuality, it neither defends nor offers an apology for everything Kant says about sexuality. Rather, it aims to show that a reconsidered Kant-based account can utilize his many worthwhile insights (...) and that making Kant’s account of sexuality more consistent with his own basic philosophical commitments results in a compelling approach to the complex and complicated phenomena of sexual love, sexual identity, and sexual orientation. (shrink)

The legal equality of combatants is a fixture of international law and just war theory. Both scholars who embrace and those who reject the moral equality of combatants seem committed to the l...

Offers an innovative reading of Plato, analyzing his metaphysical, ethical, and political commitments in connection with feminist critiques. For centuries, it has been the prevailing view that in prioritizing the soul, Plato ignores or even abhors the body; however, in Plato and the Body Coleen P. Zoller argues that Plato does value the body and the role it plays in philosophical life, focusing on Plato’s use of Socrates as an exemplar. Zoller reveals a more refined conception of the ascetic lifestyle (...) epitomized by Socrates in Plato’s Phaedo, Symposium, Phaedrus, Gorgias, and Republic. Her interpretation illuminates why those who want to be wise and good have reason to be curious about and love the natural world and the bodies in it, and has implications for how we understand Plato’s metaphysical and political commitments. This book shows the relevance of this broader understanding of Plato for work on a variety of relevant contemporary issues, including sexual morality, poverty, wealth inequality, and peace. “Zoller gives us a new way of going forward in Plato studies. Her reading of the Platonic conception of embodiment frees it from the negative associations of the past. Plato and the Body will radically shift the scholarly conversation. The book is truly an exhilarating read.” — Anne-Marie Schultz, author of Plato’s Socrates as Narrator: A Philosophical Muse. (shrink)

This essay is in the spirit of a friendly amendment. I have found Shklar's central arguments to be more compelling every time I have reread this book over the last twenty years. Nevertheless, I want to argue in this essay that in spite of Legalism's strengths, Shklar's core anthropological claim about the profession - more often asserted, rather than argued, throughout the book - that legalism, the attitudinal glue that binds lawyers professionally, consists of a commitment to the morality (...) of rule abidance - is flawed, not because it is wrong, but because it is underinclusive. While legalism consists of something like what she described, it is by no means only that... My second point, which I will take up very briefly toward the end of this essay, is that a fuller account of ideological legalism also casts the central normative question Shklar raised, regarding the appropriateness of legalism in international affairs, particularly in times and matters and questions of war, in a different light. If legalism consists of only a commitment to the morality of playing by the rules, then it does seem oddly inappropriate in the international arena. (shrink)

Descartes revolutionized our conception of the mind by identifying consciousness as the mark of the mental: all and only thoughts are conscious. Today the idea that all thoughts are conscious seems obviously wrong. Worse, however, Descartes himself seems to posit a whole host of unconscious thoughts. Something is not as it seems. Either Descartes is remarkably inconsistent, or his claim that all thought is conscious is more nuanced than it appears. In this paper I argue that while Descartes was indeed (...) unwavering in his commitment to the conscious mark, he had the resources to distinguish different types and degrees of consciousness that make for a richer cognitive psychology than he is typically credited with. (shrink)

Can we expect our scientific theories to make up a unified structure, or do they form a kind of “patchwork” whose pieces remain independent from each other? Does the proliferation of sometimes-incompatible representations of the same phenomenon compromise the ability of science to deliver reliable knowledge? Is there a single correct way to classify things that science should try to discover, or is taxonomic pluralism here to stay? These questions are at the heart of philosophical debate on the unity or (...) plurality of science, one of the most central issues in philosophy of science today. This book offers a critical overview and a new structure of this debate. It focuses on the methodological, epistemic, and metaphysical commitments of various philosophical attitudes surrounding monism and pluralism, and offers novel perspectives and pluralist theses on scientific methods and objects, reductionism, plurality of representations, natural kinds, and scientific classifications. (shrink)

The Geach‐Kaplan sentence is alleged to be an example of a non‐first‐orderizable sentence, and the proof of the alleged non‐first‐orderizability is credited to David Kaplan. However, there is also a widely shared intuition that the Geach‐Kaplan sentence is still first‐orderizable by invoking sets or other extra non‐logical resources. The plausibility of this intuition is particularly crucial for first‐orderism, namely, the thesis that all our scientific discourse and reasoning can be adequately formalized by first‐order logic. I first argue that the Geach‐Kaplan (...) sentence is, in fact, not first‐orderizable even by invoking extra non‐logical resources, in any sense that is acceptable for first‐orderism and adequately corresponds to the sense in which the Geach‐Kaplan sentence is deemed to be non‐first‐orderizable simpliciter via Kaplan's proof. To address this problem on behalf of first‐orderism, I then propose an alternative conception of first‐orderizability in the sense of which the Geach‐Kaplan sentence and any other second‐order sentences become first‐orderizable by invoking extra non‐logical resources; furthermore, in certain circumstances, they are first‐orderizable without incurring any extra ontological commitment. My analysis also turns out to yield (as a biproduct) a significant enhancement of the so‐called paradox of plurality. (shrink)

The Convention on the Rights of Persons with Disabilities is increasingly seen as driving a paradigm shift in mental health law, particularly in relation to the understanding that it requires a shift from substituted to supported decisions. This article identifies two competing moral commitments implied by this shift, both of which appeal to the notion of autonomy. It is argued that because of these commitments the Convention is in tension with more general calls in the medical ethics literature for preserving (...) patient autonomy through support. The competing commitments within the Convention also present a particular challenge in putting the support it requires into practice. A discursive control account of freedom is used to develop some practical guidelines for navigating this new moral territory. (shrink)

The objective of the paper is to explicate and critically appreciate two forms of consequentialism, namely objective and subjective consequentialism. Consequentialism is a substantive moral theory according to which moral value or good is to produce/promote best consequences (in a sense welfare); and morally right consists in acting so as to promote maximum good (in case of utilitarianism) or to promote best or most good. However, the paper considers important questions, replies to which give us two forms of consequentialism, namely (...) subjective and objective consequentialism, each having their unique features, nuances and limits. Moot problems are as follows: Whether consequentialism as a theory of good is to promote actual good, that is good as matter-of-fact or expected good, that is good expected by the moral agent; and whether as a theory of right, it urges to make decisions for the promotion of good based on some heuristic devices or subjective motives, commitments and so on. Objective consequentialism, as a theory of good prefers promotion of actual good than expected good, and as a theory of right decision-making urges the moral agents to rely on heuristic devices than subjective factors. The contest has been absorbing and fierce, each having so-called strong arguments. The paper reconsiders these contesting arguments and critically examines those to conclude in favour of objective consequentialism on important counts notwithstanding, the value of motives, motivations and commitments of moral agents. (shrink)

This collection of original essays brings a dramatically different perspective to bear on the contemporary "crisis of journalism." Rather than seeing technological and economic change as the primary causes of current anxieties, The Crisis of Journalism Reconsidered draws attention to the role played by the cultural commitments of journalism itself. Linking these professional ethics to the democratic aspirations of the broader societies in which journalists ply their craft, it examines how the new technologies are being shaped to sustain value commitments (...) rather than undermining them. Recent technological change and the economic upheaval it has produced are coded by social meanings. It is this cultural framework that actually transforms these "objective" changes into a crisis. The book argues that cultural codes not only trigger sharp anxiety about technological and economic changes, but provide pathways to control them, so that the democratic practices of independent journalism can be sustained in new forms. (shrink)

This article investigates the original meaning of dependent arising in the Buddha’s teaching, by focussing on the imasmi" sati formula. Modern scholars such as the Rhys Davidses, K.N. Jayatilleke and Paul Williams have interpreted it as a princi- ple of causation, comparable to a scientific conception of causation. I argue instead that this formula implies that the Buddha held that causation is nothing more than the correlation of causes and effects, and that it commits the Buddha to a Humean regularity (...) thesis about causation. I draw a distinction between the Buddhist and scientific concepts of causation, and then summarise an alternative approach made by more recent scholars such as Sue Hamilton, Noa Ronkin and Eviatar Shulman, who present dependent arising in terms of conditionality in the causal structure of subjective experience. I conclude by presenting the argument that the imasmi" sati formula does not express a principle of causation but is rather a formula for the method of discovering and presenting causation as conditionality in experience. (shrink)

The article critically engages Menachem Fisch’s account of normative frameworks, in particular of (rational) transitions between them. I argue, first, that exposure to the normative criticism leveled at us by other human beings is indeed “capable of destabilizing normative commitment” to one’s own underlying framework beliefs and standards, as Fisch holds; however, closer scrutiny reveals that such exposure is neither sufficient nor necessary but rather accidental in this respect. Second, I will try to show that Søren Kierkegaard’s account of (...) how people fundamentally change their mind provides resources for both a substantial critique of Fisch and a more adequate understanding of the transitions in question. The article argues, third, that Fisch’s framework model – though meaningful, in fact heuristically indispensable in and as of itself – has robust transcendental implications which as such are being ignored, if not directly denied by Fisch and, precisely by being ignored or denied, unnecessarily weaken the overall plausibility of his account. Finally, and ex post, I will address an important objection raised by some commentators. (shrink)

Recent Canadian and international events have sparked dialogue and action to address racism within the nursing discipline. While the urgency to seek and implement antiracist solutions demands the attention of nurses, we contend that a contemporary analysis of the mechanisms that continue to perpetuate racism within nursing's theoretical foundation is required first. This study reconsiders the perceived functions of racism within the current state of nursing concepts and theories. In particular, we expose the role that covert racism plays by inadvertently (...) sustaining racism through nursing's theoretical foundation, and how this process strengthens white supremacy. We argue that, in the absence of exposing these covert mechanisms, the development of solutions will be futile in dismantling racism. By making visible the covert mechanisms of racism within nursing's theoretical foundation, we attempt to establish an opportunity for the nursing discipline to dismantle its racist foundation and engage in sustained antiracist action. Lastly, this study demonstrates the need to equip the discipline with a moral commitment to antiracism in an effort to emancipate nursing from its racist legacies. (shrink)

In this talk, Hume’s distinction between ‘is’ and ‘ought’ in the Treatise of Human Nature will be discussed. It will be argued that Hume accuses previous moral philosophers neither of committing a logical error in their reasoning, nor of falling short of a possible deduction of an ‘ought’ from an ‘is’ because of false assumptions. Rather, Hume argues that these philosophers have an incorrect notion of reason: By means of reason, we do not discover eternal moral truths, and also, reason (...) does not motivate us. According to Hume, reason reveals only causal relations that exist between external facts and our emotions, which are facts as well. The ‘ought’ is located just in our emotions and not in the things which evoke the moral emotions inside us. (shrink)

Unlike other kinds of theories of justice, reparatory justice can only be negatively defined, in non-ideal contexts in which initial wrongs had already been committed. For one, what counts and what does not count as wrongdoing or as an unjust state of affairs resulted from that wrongdoing depends on the normative framework upon which a theorist relies. Furthermore, the measures undertaken for alleviating historical injustices can be assessed only from the vantage point of other, independent normative considerations. In the present (...) paper I argue that this lack of substance is a feature that, far from being problematic, is what makes reparatory justice attractive. The specific example that I put forward is that of a reparatory justice account which seeks to instantiate the desiderata of a sufficientarian theory of justice. At first, distributive justice fills the content of reparatory justice, specifying up to what level reparations in-kind or compensatory measure should go. Afterwards, reparatory justice clarifies and provides epistemic inputs for distributive justice. Reparatory justice thus becomes an epistemic source for distributive justice, in that it provides the means for assessing whether someone’s level of well-being can be traced to her choice or to a wider, historically-sensitive operationalization of her “circumstances”. (shrink)

Dummett’s Manifestation Argument against realism attempts to show that a realist conception of meaning cannot explain the understanding of truth-conditions transcendent to evidence. In this work the general structure of the argument is discussed along with several objections to it. This examination finds that the anti-realist is committed to a deflationary conception of the normative character of meaning that is unpalatable. This essay contends that the argument in its present form cannot have the metaphysical consequences it claims (at least not (...) without begging the question). (shrink)

Adopting a Quinean criterion of ontological commitment, I consider the question of the ontological commitment of Kant's theory of our a priori knowledge of objects. Its direct concern is the customary view that the ontology of Kant's theory of knowledge in general, whether a priori or empirical, must be thought in terms of the a priori conditions or representations of space, time, and the categories. Accordingly, this view is accompanied by the customary interpretation of ontology as consisting of (...) Kantian "appearances" or "empirical objects." I argue against this view and interpretation. My argument turns on the opposition between the necessity and universality of the a priori and the particularity and contingency of the existent. Its main point is that the a priori can remain necessary and universal only if the existence of objects is kept distinct from it. (shrink)

In their annual festival in an eastern village of the Yucatan state, participants verbalized, discussed, and disputed two main understandings of Catholic commitment after a Catholic priest asked his parishioners to reconsider the effects of their ritual offerings. His teachings about compromiso signaled other ritualized practices, which compose the concept: promises and sacrifices. In direct contrast to the priest’s teachings, local ritualists understand that solemn promises and sacrificial exchange work, however, as encompassments of the notion of commitment. On (...) the other hand, the priest’s notion of engagement with the sacred takes its main force from the representation of the work of dying of sacrificial victims. Overcoming an apparently insurmountable pair of opposites, ritual and sacrificial, he defines commitment as vicarious sacrifice, inaugurating for his audience a new representational dimension. (shrink)

According to a variety of recent ‘enactivist’ proposals, the material basis of conscious experience might extend beyond the boundaries of the brain and nervous system and into the environment. Clark (2009) surveys several such arguments and finds them wanting. Here I respond on behalf of the enactivist. Clarifying the commitments of enactivism at the personal and subpersonal levels and considering how those levels relate lets us see where Clark’s analysis of enactivism goes wrong. Clark understands the enactivists as attempting to (...) provide hypotheses about the subpersonal mechanisms underlying experience according to which those mechanisms contingently include portions of the environment. But understanding enactivism instead as involving a relational conception of experience at the personal level, with apparent implications for the location of the subpersonal mechanisms of experience, allows us to make better sense of the enactivist arguments, and make the case for conscious externalism. (shrink)

Evolutionary debunking arguments against religious beliefs move from the claim that religious beliefs are caused by off-track processes to the conclusion that said religious beliefs are unjustified and/or false. Prima facie, EDAs commit the genetic fallacy, unduly conflating the context of discovery and the context of justification. In this paper, we first consider whether EDAs necessarily commit the genetic fallacy, and if not, whether modified EDAs provide successful arguments against theism. Then, we critically evaluate more recent attempts to argue that (...) a more promiscuous evolutionary scepticism renders religious belief unjustified because, unlike commonsense and scientific beliefs, religious beliefs have no way out of such scepticism. (shrink)

This article approaches the notion of engagement from the perspective of critical ontology. With language as the starting point of its hermeneutic task, it commences with an etymological analyses of diverse Indo-European words gravitating around the semantic field of the notion of engagement. From these introductory insights obtained by an exercise in comparative linguistics, devotion and commitment are mapped as two opposite, yet inseparable, modes of being of engagement. Both of these modes seem to condition engagement in an ontologically (...) disparate manner. While examining their fundamental structures, some of the canonical concepts of history of philosophy such as being, existence, subjectivity, or world - and also some of its constitutive binary oppositions such as body/mind, individual/collective, transcendence/immanence, light/darkness and sacred/secular - will be reconsidered through the prism of different ontological dispositions that devotion and commitment impose respectively on engagement. The overall aim of this investigation is to bring forth the main existential characteristics of being-engaged, by interpreting the roles of who, where, and what of engagement, and in order to provide a fundamental conceptual apparatus for a critical ontology of engagement. (shrink)

This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

The popular view of non-directive genetic counseling limits the counselor's role to providing information to clients and assisting families in making decisions in a morally neutral fashion. This view of non-directive genetic counseling is shown to be incomplete. A fuller understanding of what it means to respect autonomy shows that merely respecting client choices does not exhaust the duty. Moreover, the genetic counselor/client relationship should also be governed by the counselor's commitment to the principle of beneficience. When non-directive counseling (...) is reexamined in light of both these principles, it becomes clear that there are cases in which counselors should attempt to persuade clients to reconsider their decisions. Such attempts are consistent with non-directive counseling because, while respecting the clients' decision-making authority, they insure that clients act with full knowledge of the moral consequences of their decisions. (shrink)

In this article I will offer a reconsideration of Soran Reader’s moral pacifism. I will begin by reconstructing the three main arguments presented by Reader in her article ‘Making Pacifism Plausible’ in the second part of this essay. In the third section, I discuss and evaluate Reader’s arguments and conclude that her moral pacifism is indeed plausible. In the fourth section, I introduce the notion of political pacifism. Moral pacifism is the philosophical thesis that war cannot be morally justified. Political (...) pacifism, in contrast, refers to the political movement that aims to abolish the institution of war to replace it with an institution of peace. My proposal is that we combine moral pacifism and political pacifism in order to show that in today’s world we are faced with a situation of structural injustice with regard to international conflicts between states. In the status quo, international war is the accepted institution to solve conflicts between states. However, according to moral pacifism, war is always morally problematic. I argue that our current political situation is structurally unfair and when we are threatened with an unjust external invasion, we have no morally sound choices for action. Going to war and refusing to fight are both deeply morally problematic options. Without just alternatives, we may end up going to war to protect our territory and children. However, we should resist the temptation to conclude that war can be just, even in these circumstances. In the last section of the article, I conclude that philosophers should stop using all their intellectual energy to provide philosophical justifications for a just war theory (a theory that is widely accepted by contemporary philosophers). Instead, we ought to argue that war is always unjust, and precisely for this reason we should commit to research about how to replace the institution of war with an institution of peace, and think about what would be the most appropriate form for such institution. For these reasons, I believe it is important for us to reconsider Soran Reader’s moral pacifism. (shrink)

In this paper, I show that the conception of a virtue in positive psychology is a mishmash of two competing accounts of what virtues are: a Common Sense View and an Aristotelian View. Distinguishing the strengths and weaknesses of these two frameworks leads also to a reconsideration of an old debate, namely, that concerning the Unity of the Virtues thesis. Such thesis is rejected by positive psychologist, as well as by some philosophers among the virtue-ethical field, on the basis, I (...) argue, of a lack of accuracy in defining the very meaning of the concept of what virtues are, before examining the issues at stake. In the first part of the paper, I show to what extent the conceptions of virtue employed by the different voices diverge and the consequences of this divergence for the UV problem. Then, I go on by arguing for one of the two competing accounts, namely, the Aristotelian View, over the other, that is, the Common Sense View. Finally, I show to which of CSV theses positive psychologists are committed, so to explain their rejection of the UV thesis, and to highlight their need for a clearer account of what a virtue is. (shrink)

The docility hypothesis holds that human social learning produces genuinely altruistic behaviors as a maladaptive by-product. This article examines five possible sources of such altruistic mistakes. The first two mechanisms, the smoke-detector principle and the cost-accuracy tradeoff, are not specifically linked to social learning. Both predict that it may be adaptive for cooperators to allow some altruistic mistakes to happen, as long as those mistakes are rare and cost little. The other three mechanisms are specific to social learning: Through culture, (...) individuals may come to adopt altruistic norms selected at the group level. Culture may provide people with cheap, accessible, but occasionally mediocre information that they are too reliant upon—a kind of informational dumping. Lastly, people may copy sources good to follow in one domain but not in another, thus committing calibration errors. I argue that those sources of errors are unlikely to lead to important amounts of altruism toward non-kin. Experimental evidence shows humans to be sufficiently skeptical, discriminative, and conscious of their own interest to avoid such altruistic mistakes in most cases. Docile altruism is unlikely to be an important aspect of human cooperation. (shrink)

Johannes Versor († after 1482) was a prominent philosopher in the late fifteenth century, whose works were widely diffused. In recent scholarship, Versor has been associated with two schools of thought: Thomism and Albertism. These, however, were rivals—especially in Cologne, where Versor's works were printed repeatedly. Given this historical context, how should Versor's position amidst the quarrels of the schools be interpreted? Although he evidently used the works of both Albert and Thomas, there is no evidence that Versor ever committed (...) himself to either Albertism or Thomism. In addition, the Cologne printings of his works suggest that Versor's contemporaries considered him an independent authority. Therefore, Versor cannot be rated among the members of either school. (shrink)

One influential explanation for the apparent shortcomings of Latin American philosophy is the “culture of domination” thesis, defended by Augusto Salazar Bondy (1926–1974). According to Salazar Bondy, the ultimate source of the problems besetting Latin American philosophy was to be found in the “culture of domination” that characterized Latin America countries and decisively shaped the philosophical activity of the thinkers working in those countries. In defending his thesis, Salazar Bondy introduced a number of ideas that remain useful for understanding various (...) aspects of Latin American philosophy. However, his commitment to a rather excessive determinism and his endorsement of a certain kind of essentialism ultimately undermine the plausibility of both the “culture of domination” thesis and his proposals for the regeneration of Latin American philosophy. (shrink)

Using Foucault’s conceptual frame from The Archaeology of Knowledge to read Foucault’s late deployment of “spirituality,” this article argues that Foucault’s enigmatic gesture in using this concept reveals a refusal of “rupture” from the Christian pre-modern discourse of “spirit.” Despite attempts to alter the “field of use,” Foucault’s genealogical commitment ensures a Christian continuity in modern discourses of transformation. In a detailed examination of the 1982 Collège de France lectures, the article returns Foucault’s use of “spirituality” to the Alexandrian (...) joining of philosophy and theology and the specificity of Christian practice and belief. (shrink)

Using a process-oriented understanding of the relation between actions and agents, the author argues that an ontological agent is the ongoing effect or by-product rather than the antecedent cause of actions. Applied to the relation between natural and supernatural in philosophical cosmology, this allows one to claim, first, that agents (whether natural or supernatural) are not sensibly perceived, but only inferred from the ongoing observation of empirical actions; second, that the distinction between the natural and the supernatural is then conceivably (...) a distinction between interrelated processes rather than between independently existing agents; and third, that a higher order process of supernatural origin could be operative in a lower order empirical process without interference even though its existence and activity could only be established on the basis of a faith commitment, not empirical evidence. What Paul Ricoeur referred to as a “surplus of meaning” over and above the scientific explanation of an event would be in play with the claim of divine guidance for the cosmic process. (shrink)

When considering the nature of the human being, Descartes holds two main claims: he believes that the human being is a genuine unity and he also holds that it is comprised of two distinct substances, mind and body. These claims appear to be at odds with one another; it is not clear how the human being can be simultaneously two things and one thing. The details of Descartes' metaphysics of substance exacerbates this problem. Because of various theological and epistemological commitments, (...) Descartes frames his metaphysics of substance in a way that ensures mind and body's real distinction from one another. Articulated from this perspective, the problem becomes one wherein it is not clear that two completely separate substances can come together to form one entity. The aim of this thesis is to show how Descartes can hold real distinction and true union without contradiction. To this end, I will first detail the problem and outline a variety of solutions that have already been presented. Then I will outline important concepts relating to Descartes' metaphysics of substance and attributes. This not only reveals the depth of the problem but also lays the groundwork for my proposed solution. I argue that the key to understanding how these two claims are consistent and in accord with Descartes' philosophy is through a comment Descartes makes to his contemporary Henricus Regius where he urges that the union of mind and body is achieved through a "mode of union." I substantiate this claim by arguing for the intelligibility of understanding union as a modal attribute within Descartes' framework. Finally, I show how Descartes can hold real distinction and true union with consistency. When union is understood as a mode, mind and body are able to exist apart from one another, ensuring real distinction. Moreover, union construed as a mode does not allow the complete separability of mind and body. Thus, when united, mind and body achieve the kind of unity Descartes desires for the human being. (shrink)

Some philosophers have argued that Wittgenstein’s hinges, the centrepiece of his book On Certainty, are the “ungrounded ground” on which knowledge rests. It is usually understood by this that hinges provide a foundation for knowledge without being themselves epistemically warranted. In fact, Wittgenstein articulates that hinges lack any truth-value and are neither justified nor unjustified. This inevitably places them wholly outside the categorial framework of JTB epistemology. What I call the “groundlessness interpretation”, inspired by OC 166, understands the fundamental pieces (...) of our cognitive scaffolding this way. The view has been largely successful. I argue that this interpretation is incomplete for two basic reasons: first, it is not based on undisputed evidence; second, by assuming that hinges are committed to reality by epistemic fiat, it looks as if Wittgenstein is asking us to blindly trust them regardless of their actual content. Contrary to this, I argue that Wittgenstein describes hinges as illuminating world-pictures that reflect reality and are answerable to facts in a derivate way. As the book shows, hinges originate in our engagement with reality and, while considered unquestionable, could be challenged, reassessed, and replaced by new ones. This indicates that hinges are both the result of knowledge-acquisition and somewhat continuous with one’s set of beliefs. It follows that hinges are ultimately rational, and so, apt instruments to confront scepticism. (shrink)

Some philosophers have argued that Wittgenstein’s hinges, the centrepiece of his book On Certainty, are the “ungrounded ground” on which knowledge rests. It is usually understood by this that hinges provide a foundation for knowledge without being themselves epistemically warranted. In fact, Wittgenstein articulates that hinges lack any truth-value and are neither justified nor unjustified. This inevitably places them wholly outside the categorial framework of JTB epistemology. What I call the “groundlessness interpretation”, inspired by OC 166, understands the fundamental pieces (...) of our cognitive scaffolding this way. The view has been largely successful. I argue that this interpretation is incomplete for two basic reasons: first, it is not based on undisputed evidence; second, by assuming that hinges are committed to reality by epistemic fiat, it looks as if Wittgenstein is asking us to blindly trust them regardless of their actual content. Contrary to this, I argue that Wittgenstein describes hinges as illuminating world-pictures that reflect reality and are answerable to facts in a derivate way. As the book shows, hinges originate in our engagement with reality and, while considered unquestionable, could be challenged, reassessed, and replaced by new ones. This indicates that hinges are both the result of knowledge-acquisition and somewhat continuous with one’s set of beliefs. It follows that hinges are ultimately rational, and so, apt instruments to confront scepticism. (shrink)

In a famous experiment by Tversky and Kahneman (Psychol Rev 90:293–315, 1983), featuring Linda the bank teller, the participants assign a higher probability to a conjunction of propositions than to one of the conjuncts, thereby seemingly committing a probabilistic fallacy. In this paper, we discuss a slightly different example featuring someone named Walter, who also happens to work at a bank, and argue that, in this example, it is rational to assign a higher probability to the conjunction of suitably chosen (...) propositions than to one of the conjuncts. By pointing out the similarities between Tversky and Kahneman’s experiment and our example, we argue that the participants in the experiment may assign probabilities to the propositions in question in such a way that it is also rational for them to give the conjunction a higher probability than one of the conjuncts. (shrink)