An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and they must (...) be prepared to have the same rules applied to them as everyone else. (shrink)

The discovery of a letter in the Niels Bohr archives written by Bohr to a Danish schoolteacher in which he reveals his early knowledge of the Daodejing led the present author on a search to unveil the influence of the philosophy of Yin-Yang on Bohr's famed complementarity principle in Western physics. This paper recounts interviews with his son, Hans, who recalls Bohr reading a translated copy of Laozi, as well as Hanna Rosental, close friend and associate who also confirms the (...) influence of ancient Chinese philosophy on this major figure in Western physics. As with Bohr’s dual perspective approach to the wave-particle, in which describing matter as either wave or particle is not considered inherently contradictory, this article likewise argues that Eastern and Western perspectives about philosophy, reality and life in general need not antagonize one another as is the case in Hegelian dialecticism. Through developing a globally accessible, harmonized system of Eastern and Western thought, this article suggests that individuals can more easily overcome limitations arising from cultural singularity in conventional philosophical approaches and, in turn, achieve a greater degree of social harmony and depth of philosophical understanding, all in the same stroke. (shrink)

The common understanding of Chuang-Tzu as one of the earliest deconstructionists is only half true. This article sets out to challenge conventional characterizations of Chuang-Tzu by adding the important caveat that not only is he a philosophical deconstructionist but that his writings also reveal a non-relativistic, transcendental basis to understanding. The road to such understanding, as argued by this author, can be found in Chuang-Tzu’s emphasis on the illusory or dream-like nature of the self and, by extension, the subject-object dichotomy (...) inherent in all forms of conceptualization and descriptive language. These two obstacles to true understanding - the self and literal, linguistic expressions - are overcome in the Chuang-Tzu by implementing metaphorical and poetic language, such as the Kun-Peng myth, the swamp pheasant parable, the introduction of physically deformed interlocutors, various dream analogies, and so forth. By employing such literary devices in a comprehensible and non-mystical manner, this article concludes that Chuang-Tzu successfully communicates his essential wisdom by guiding the reader to a higher state of spiritual awareness, a state in which one transcends the self, language, conceptual paradoxes, and even the idea of transcendence itself. Consequently, through the following explication of Chuang-Tzu’s complementary emphasis on both preventing mental rigidity and promoting spiritual transcendence, this article seeks to earn Chuang-Tzu the reputation of a deconstructionist with a difference. (shrink)

If we peruse the Chuang Tzu (Zhuangzi) and the Nietzschean corpus, we will find numerous examples of evaluative statements. And yet, both Chuang Tzu and Nietzsche are well known for their critique of conventional value distinctions. Time and again they argue that our conventional value distinctions are invalid and sometimes even harmful. Are these two philosophers justified in making what appear to be self-negating claims? This essay offers a line of argument to justify their employment of evaluative language while at (...) the same time disclaiming its validity. My essential argument is that there are two levels of consciousness in both of these philosophers and that evaluative language is transcended at one of these levels but still possesses limited validity at the other. I assume, I believe correctly, that the purpose of philosophy for both philosophers is self-transformation. Given this functional direction of philosophizing, I divide the types of statements I will analyze into three standpoints: (1) “evaluative standpoint,” or statements which I take to be primarily evaluative in nature. “Class i” refers to the evaluative standpoint which is the standpoint not yet transcended and to be transcended; (2) “transevaluative standpoint”, or statements which I take to be primarily transevaluative in nature. “Class ii” refers to the transevaluative standpoint which is the standpoint to be achieved; (3) “transevaluative resultant values,” or statements which are primarily statements of the resultant value which are the product of a value free standpoint. “Class iii” refers to the resultant concrete values which are the product of following the transevaluative standpoint. My analyses lead to the conclusion that evaluative language is employed in its appropriate level of consciousness and transcended in the other level. In short, I propose that Chuang Tzu and Nietzsche can have their cake, and eat it, too. (shrink)

This paper advances the thesis that the raw version of the butterfly dream story in the Chuang-tzu is logically untenable and should thus be replaced by a logically coherent altered version. First, it sets out the positive meaning of the butterfly dream. Second, it examines the raw version of the butterfly dream so as to point up its inherent illogicality. Third, it sets out a modified version of the butterfly dream and demonstrates its superior logicality. Fourth, it shows how conventional (...) interpretations of the butterfly dream story—the ‘confusion hypothesis’ and the ‘external endless transformation’ hypothesis—arise from the raw version and identifies basic weaknesses in the conventional interpretation options. Fifth and last, it returns to an in-depth consideration of the interpretation which arises from a re-ordering of the butterfly dream story fragments. The raw version of the story makes little sense, which is why, I propose, it has lacked a satisfactory interpretation. This thesis stands on three presuppositions. The butterfly dream story is an analogy of the enlightenment experience. The enlightenment experience, or the experience of illumination, is the phenomenological correlate of the central objective of the Chuang-tzu, that of self-transformation. And the enlightenment experience is not only the phenomenological correlate, but the essential pre-condition for self-transformation. By refashioning our (mis)interpretations of the butterfly dream story, we can more fully appreciate its transformative message. (shrink)

If free markets consist in nothing more than “capitalist acts between consenting adults,” and if in the old legal maxim “volenti non fit injuria,” then it seems to follow that free markets do no wrongs. But that defense of free markets wrenches the “volenti” maxim out of context. In common law adjudication of disputes between two parties, it is perfectly appropriate to cast standards of “volenti” narrowly, and largely ignore “duress via third parties”. In economic markets, of course, those third-party (...) effects are rife. But we want them to be rectified systematically, not piecemeal through particular cases between particular parties that happen to come to court. That is the proper province of political philosophers and system-designers, in critiquing and constraining the operation of the market. (shrink)

This article draws on two Mencian illustrations of human goodness: the example of the child in the well and the metaphor of the continually deforested mountain. By reconstructing Mencius’ two novel ideas within the framework of a phenomenological thought-experiment, this article’s purpose is to explain the validity of this uncommon approach to ethics, an approach which recognizes that subjective participation is necessary to achieve any ethical understanding. It is through this active phenomenological introspection that the individual grasps the goodness of (...) human nature, whilst simultaneously coming to realize one’s own degree of closeness (or estrangement) to this universal nature, depending on the success of the thought experiment. Despite the apparent logical circularity of reformulating Mencius in such fashion, this article further maintains that no theoretical premises need be taken up prior to reenacting the Mencian thought-experiment. On the contrary, this article explains that knowledge of human nature manifests itself in the very moment of the proposed epistemic act. (shrink)

Originally published: c2000. With new pref. An award-winning biologist argues that the intersection of scientific creativity and religious insight is a prerequisite for the emergence of a more humane medical science.

The topic of human rights is always trickier than we think it should be after we have heard it employed effortlessly in political rhetoric. Such rights should be human wide, or at least apply to all those with paradigmatic human characteristics, thus in that sense be universal to all times and places. Such rights should be among the strongest entitlement claims. These features should insure that human rights are and have been not only universal, but recognized universally, at least by (...) rational and informed observers. This expectation is disappointed when we realize that human rights in the form of “natural rights” are a recent Western invention which after a century or so of employment went into eclipse, only to be resurrected in modified form after World War II. Pre-industrial societies have never recognized them, nor do the third-world descendants of those societies today generally recognize them, any more than to Marxist societies, while twentieth century anthropologists have argued that cultural diversity precludes the possibility of transcultural norms. (shrink)

Under the assumptions of the standard Condorcet Jury Theorem, majority verdicts are virtually certain to be correct if the competence of voters is greater than one-half, and virtually certain to be incorrect if voter competence is less than one-half. But which is the case? Here we turn the Jury Theorem on its head, to provide one way of addressing that question. The same logic implies that, if the outcome saw 60 percent of voters supporting one proposition and 40 percent the (...) other, then average voter competence must either be 0.60 or 0.40. We still have to decide which, but limiting the choice to those two values is a considerable aid in that. Key Words: Condorcet Jury Theorem • epistemic democracy • voter competence. (shrink)

This volume includes Whewell's seminal studies of the logic of induction (with his critique of Mill's theory), arguments for his realist view that science discovers necessary truths about nature, and exercises in the epistemology and ontology of science. The book sets forth a coherent statement of a historically important philosophy of science whose influence has never been greater: every one of Whewell's fundamental ideas about the philosophy of science is presented here.

Utilitarianism, the great reforming philosophy of the nineteenth century, has today acquired the reputation for being a crassly calculating, impersonal philosophy unfit to serve as a guide to moral conduct. Yet what may disqualify utilitarianism as a personal philosophy makes it an eminently suitable guide for public officials in the pursuit of their professional responsibilities. Robert E. Goodin, a philosopher with many books on political theory, public policy and applied ethics to his credit, defends utilitarianism against its critics and (...) shows how it can be applied most effectively over a wide range of public policies. In discussions of such issues as paternalism, social welfare policy, international ethics, nuclear armaments, and international responses to the environment crisis, he demonstrates what a flexible tool his brand of utilitarianism can be in confronting the dilemmas of public policy in the real world. (shrink)