The purpose of this essay is to suggest a new direction in our thinking about substantive due process that recognizes human rights in the lived experience of our fellow human beings. The applicability of the approach, at least for equal protection purposes, was hinted at by the Supreme Court’s majority opinion in Romer v. Evans, but it has never been given full consideration.1 There, Justice Kennedy noted the very real impact of a state group of people. What he did (...) not say is how such an amendment might also impact the self-impression gays and lesbians have of themselves, although this would certainly be part of such an amendment’s impact. Moreover, legal and philosophical research in this area suggests that there may be more here than previously thought. While I do not hope to resolve every philosophical question at the heart of my legal analysis, I do intend to bring forth enough substance to answer the indeterminacy charge levied by certain Supreme Court justices and others concerning which rights should count as “fundamental” under substantive due process in part by looking at the impact such rights have on individual self-esteem. I. (shrink)

The Supreme Court’s construction of the Religious Freedom Restoration Act of 1993 (RFRA) in Hobby Lobby created a great fear among various civil rights groups, especially in the LGBT community, over what the Court might do next regarding rights of same-sex and transgender couples seeking legal protections in employment, housing, and public accommodations. Indeed, if Justice Alito’s majority position is taken for all that its logic implies, then, as Justice Ginsburg’s dissent warns, there is indeed much for the civil rights (...) community to be concerned about. However, as I show in this article, there are good reasons for not treating the Hobby Lobby case as broadly as the majority opinion’s logic might indicate. Hopefully, courts will be inclined to follow this direction. First, Justice Kennedy’s concurring opinion suggests that he joined the majority while also holding a much narrower understanding of the reasoning behind that opinion: namely, that because HHS had established an alternative means for meeting the needs of nonprofit employees where the employer had a religious objection, there was little reason in light of the importance of religious liberty not to extend that same alternative to closely held for-profit organizations. Second, a narrower interpretation of the Court’s opinion seems to better fit with RFRA’s legislative history, notwithstanding the majority’s concern that RLUIPA was passed to imply a broadened expansion of RFRA’s religious protections. It is equally possible and more consistent with RFRA’s adoption that, as the dissent notes, RLUIPA was meant to clarify “that courts should not question the centrality of a particular religious exercise.” Third, a narrow interpretation is more in keeping with the Court’s recognition of health care and equality as compelling concerns of many federal and state laws, alongside the protection of religious freedom. Finally, a narrow reading better resolves the conflict of rights lying in the background between the human right of freedom of conscience and the human right to well-being. It resolves this conflict by ensuring that no one suffers objective harm from either the denial of preventative health care or loss of civil rights protections when a compelling state interest is present, or the harm to conscience is less than substantial. (shrink)

Wenn Präsident Kennedy nicht erschossen worden wäre, hätte er dann Nordvietnam bombardiert? Das weiß Gott allein. Oder doch nicht? Weiß wenigstens Er, was Kennedy getan hätte? ... Die Jesuiten behaupteten unter anderem, daß viele menschliche Handlungen in dem Sinne frei seien, daß die Ausführenden nicht logisch oder kausal gezwungen seien, sie auszuführen. („Frei“ wird im vorliegenden Aufsatz stets in diesem Sinne verwendet werden.) Wie behält Gott dann die Kontrolle über die menschliche Geschichte? Nicht dadurch, daß Er menschliche Handlungen (...) kausal determiniert, wie die Dominikaner geglaubt zu haben scheinen , sondern indem Er Umstände herbeiführt, von denen Er weiß, daß wir in ihnen freiwillig Seinen Plänen entsprechend handeln werden. (shrink)

A revision of George Kennedy's translation of, introdution to, and commentary on Aristotle's On Rhetoric. His translation is most accurate, his general introduction is the most thorough and insightful, and his brief introductions to sections of the work, along with his explanatory footnotes, are the most useful available.

In the last decades, streams within posthumanism and new materialism, have turned their attention to the phenomenon of agency. And they have done so in ways which open the phenomenon for social and cultural historical investigations, relevant for cultural studies and literary studies alike. This article uses a concrete case—the melodramatic novel Koloss by Norwegian author Finn Alnæs—in order to speculate on how a literary form can be seen to co-evolve—or in this case, clash—with fluctuations in the cultural history of (...) agency. In the 1960s—the heydays of cybernetics—a discrepancy can be observed, between the nourishment of individualism in politics and advertisement, and the distribution of individual agency in the new emerging technologies of cybernetics, which pushed agency as a question in the forefront of a series of novels, Koloss included. However, the novel’s discussion of agency was ignored by the critics, as well as in the scholarly literature to follow. In an effort to get closer to the co-development of ideas of agency and aesthetic form, the article asks why this has been the case. Did the melodramatic form of the novel stand in the way of its aesthetic reflection on agency? And could the novel and its reception therefore be seen as an example of the existence of complex feedback-loops, between ideas of agency in a given culture and aesthetic form? (shrink)

A controversy over the pudgala or “person” raged among Indian Buddhists for more than a millennium. Their polemics were at least as much a matter of canonical exegesis as of reasoning and argument, for the “mainstream” Buddhist doctors had to account for—and explain away—the numerous places in scripture where the Buddha speaks of the “person.” The Bhārahārasūtra or “sūtra on the bearer of the burden” was one of the scriptures most frequently quoted and discussed in this connection. The present paper (...) is aimed at presenting a reconstructed Sanskrit version of this sūtra and providing an overview of the doctrinal and argumentative uses that were made of it in the context of the debates about the status of the “person.”. (shrink)

La "posición original" es un aspecto fundamental de la teoría de la justicia de John Rawls, así como el concepto del "velo de ignorancia". El análisis se divide en tres momentos: en el primero, se expone la posición original de Rawls, en el segundo se contrasta la teoría de la razonabilidad de Scanlon con el papel que tiene la razonabilidad en la teoría de Rawls y en el tercero se exploran los señalamientos de Habermas y Benhabib al velo de ignorancia.

Theories of quantum gravity generically presuppose or predict that the reality underlying relativistic spacetimes they are describing is significantly non-spatiotemporal. On pain of empirical incoherence, approaches to quantum gravity must establish how relativistic spacetime emerges from their non-spatiotemporal structures. We argue that in order to secure this emergence, it is sufficient to establish that only those features of relativistic spacetimes functionally relevant in producing empirical evidence must be recovered. In order to complete this task, an account must be given of (...) how the more fundamental structures instantiate these functional roles. We illustrate the general idea in the context of causal set theory and loop quantum gravity, two prominent approaches to quantum gravity. (shrink)

This book, first published in 1974, studies the similarities between Rousseau's thought and that of the Stoics, examining Rousseau's ideas on man, society, the state and government. It makes close reference to Rousseau's writings, and to the works of Seneca and other Stoics, presenting an opportunity to really come to grips with a complex and often contradictory mind.

The point of departure of this article is the trend towards hybridisation in new technology development, which makes classical dichotomies between machines, human life and the environment obsolete and leads to the post-human world we live in today. We critically reflect on the post-human concept of the hybrid world. Although we agree with post-humanists that human life can no longer be opposed to machines but appears as a decentralized human-technology relation, alliance or network that constitutes a hybrid world, we ask (...) for a limit to hybridisation. After rejecting the concept of metabolism as such a limit, we explore the concept of the responsive conativity of material entities. The principle of conativity of material entities provides a materialist perspective on metabolism, which enables us to conceive material entities as self-assertive material entities that are differentiated from the environment. The principle of responsivity of material entities provides a materialist perspective on the post-human world in which material entities are responsive to each other and form alliances and networks. We propose to differentiate between the conativity and responsivity of material entities and propose the conativity of matter as a limit to hybridisation in the post-human world. (shrink)

Most Plato scholarship characterizes Socrates's dialectic as cooperative, reciprocal, and open ended. This orthodoxy echoes Socrates's characterizations of it, but the dialectic's dramatizations rarely confirm it. Commentators recognizing this seek to protect the dialectic's image by maligning Socrates's interlocutors. Francisco Gonzalez's description of the Protagoras's “central crisis” exemplifies this approach. When a dispute over how to conduct the discussion threatens its dissolution, Gonzalez blames Protagoras, claiming that relativism forecloses conversation and community. I argue that Gonzalez elides alternative forms of community (...) supported by other discursive practices and that Socrates's refusal to answer legitimate concerns about his methodological demands turns the dialectic into the “external, nondialogical, absolute standard” Gonzalez says it lacks. (shrink)

In prior work, we have argued that spacetime functionalism provides tools for clarifying the conceptual difficulties specifically linked to the emergence of spacetime in certain approaches to quantum gravity. We argue in this article that spacetime functionalism in quantum gravity is radically different from other functionalist approaches that have been suggested in quantum mechanics and general relativity: in contrast to these latter cases, it does not compete with purely interpretative alternatives, but is rather intertwined with the physical theorizing itself at (...) the level of quantum gravity. Spacetime functionalism allows one to articulate a coherent realist perspective in the context of quantum gravity, and to relate it to a straightforward realist understanding of general relativity. (shrink)

In prior work, we have argued that spacetime functionalism provides tools for clarifying the conceptual difficulties specifically linked to the emergence of spacetime in certain approaches to quantum gravity. We argue in this article that spacetime functionalism in quantum gravity is radically different from other functionalist approaches that have been suggested in quantum mechanics and general relativity: in contrast to these latter cases, it does not compete with purely interpretative alternatives, but is rather intertwined with the physical theorizing itself at (...) the level of quantum gravity. Spacetime functionalism allows one to articulate a coherent realist perspective in the context of quantum gravity, and to relate it to a straightforward realist understanding of general relativity. (shrink)

In this paper I trace the dialogical and narrative dimensions of the philosophical tradition and explore how they are reconfigured in the notion of community of philosophical inquiry (CPI), the mainstay of the collection of novels and discussion plans known as Philosophy for Children. After considering the ontology and epistemology of dialogue, I argue that narrative has replaced exposition in our understanding of philosophical discourse and that CPI represents a narrative context in which truth comes to represent the best story, (...) in a discursive location in which there are always multiple stories. Finally, I raise the issue of children's philosophical voice. Can children philosophize, and if they can, do they do so in a voice different from adults'? If so, what are the distinctive features of that voice? I assert that it is children's historical marginalization in the Western construction of rationality that now – as that rationality undergoes its crisis – makes of them, like women and other “natives,” privileged strangers to the tradition, who are, through CPI, enabled to enter it through dialogue and narrative. (shrink)

Radical ontic structural realism (ROSR) asserts an ontological commitment to ‘free-standing’ physical structures understood solely in terms of fundamental relations, without any recourse to relata that stand in these relations. Bain ([2013], pp.1621–35) has recently defended ROSR against the common charge of incoherence by arguing that a reformulation of fundamental physical theories in category-theoretic terms (rather than the usual set-theoretic ones) offers a coherent and precise articulation of the commitments accepted by ROSR. In this essay, we argue that category theory (...) does not offer a more hospitable environment to ROSR than set theory. We also show that the application of category-theoretic tools to topological quantum field theory and to algebraic generalizations of general relativity do not warrant the claim that these theories describe ‘object-free’ structures. We conclude that category theory offers little if any comfort to ROSR. 1 Introduction: Ridding Structures of Objects2 The Set-theoretic Peril for Radical Ontic Structural Realism3 Bain’s Categorial Strategy to Save Radical Ontic Structural Realism4 Throwing out the Relations with the Relata5 Categorial and Set-theoretical Structures6 Radical Suggestions from Topological Quantum Field Theory?7 Sheaves of Einstein Algebras as Radical Structures?8 Conclusions. (shrink)

Romanis and Adkins explore the near-term prospect of artificial amnion and placenta technology (AAPT) which is being developed to supplement the gestational process following the premature ending of a pregnancy.1 While fetal-centric narratives prevail in discussions surrounding AAPT, the authors subvert this trend by centering the experience of pregnant persons with respect to pregnancy loss. The overarching aim of their paper is to move beyond a ‘philosophical understanding of pregnancy towards practical-orientated conclusions regarding the care pathways surrounding [AAPT]’ (Romanis and (...) Adkins,1 p1). This commentary will critically examine the viability of this aim. Romanis and Adkins use the term ‘pregnancy loss’ to refer to the phenomenon where individuals experience a complex set of emotions following the premature ending of pregnancy, despite the survival of the gestated entity. Following Golish and Powell, the authors note how parents may experience contradictory emotions, such as joy mixed with grief, as well as a range of negative feelings including shame, disappointment and a sense of failure.2 At present, this phenomenon has been recognised among parents, particularly the (formerly) pregnant person, in the context of neonatal intensive care units (NICUs) when the infant survives preterm delivery and …. (shrink)

This article draws attention to an understudied phenomenon, transnational political alliances (TPA), which occur when multinational corporations cooperate with local companies to influence public policies of the host government. The article first explores the economic and political sources of TPAs, their structures, and the obstacles to their formation. It then examines TPAs in the context of China, a critical case because of the hostile political environment that discourages TPAs. However, the surprisingly common occurrence of TPAs in China indicates the power (...) of economic incentives for political cooperation yet also suggests the need for further studies of TPAs in a wide variety of economic and political settings. (shrink)

The aim of this paper is to discuss some aspects of the nature gravitational energy within the general theory of relativity. Some aspects of the difficulties to ascribe the usual features of localization and conservation to gravitational energy are reviewed and considered in the light of the dual of role of the dynamical gravitational field, which encodes both inertio-gravitational effects and the chronogeometrical structures of spacetime. These considerations will lead us to discuss the fact that the very notion of energy (...) - gravitational or not - is actually well-defined in the theory only with respect to some background structure. (shrink)

El presente artículo discute algunas de las condiciones problemáticas previas a la postulación de una estética ambiental crítica que pudiese estar orientada a la comprensión de la devastación ecológica. En un primer momento se mostrarán los límites de la estética hermenéutica para analizar la precomprensión de la naturaleza en el arte, así como la necesidad de desarrollar una teoría sobre la movilización del espectador desde el arte. En un segundo momento se cuestionan las estéticas ambientales tradicionales que fundamentan la responsabilidad (...) ética en los valores estéticos. Finalmente, se exponen algunas de las implicaciones políticas del uso de la categoría de lo sublime en los proyectos artísticos sobre el cambio climático y el Antropoceno. (shrink)

Resumen Los enfoques tradicionales en el estudio de la comunión fática han examinado el concepto en términos de la función social, la función del lenguaje así como su ocurrencia en las etapas iniciales y de cierre de una interacción. Intentos por clasificar la comunión fática en términos universalistas predeterminados corrieron el riesgo de alejarse del concepto de entendimientos cotidianos donde interactuantes emplean el uso del lenguaje dinámico para lograr los objetivos de comunicación específicos en contextos particulares. Los enfoques contemporáneos tratan (...) de redefinir la comunión fática en términos interpersonales. La investigación sobre el uso del lenguaje fático en América Latina ha sido muy limitada, con contadas excepciones. Con la finalidad de investigar el tema en el contexto mexicano, donde todavía se considera en términos convencionales, examinamos un corpus formado por 92 instancias de comunión fática, recabadas en Guadalajara, México. Sostenemos que en el corpus antes aludido se emplea la comunión fática a fin de expresar y destacar la cortesía positiva en maneras poco convencionales, dado que el término tiene un alcance muy amplio en el que abarca: la anticortesía, el uso del lenguaje creativo, los juegos lingüísticos, la ironía, y los anglicismos. (shrink)

While punishment is a longstanding object of philosophical scrutiny, other controversial aspects of the justice system, such as policing, have flown under the radar. In this paper, we consider possible reasons why philosophers interested in crime and punishment have neglected policing. We make the case for a broader account of the political morality of the justice system, with a particular emphasis on policing. We sketch the outlines of an egalitarian version of such a theory, highlighting parallels between policing and the (...) welfare state. Finally, we turn to recent calls for police abolition. Evaluating such radical claims requires, we argue, going beyond the traditional confines of the philosophy of punishment and considering a more holistic and interdisciplinary theory of criminal justice. (shrink)

During the second half of the twentieth century, several philosophers of technology argued that their predecessors had reflected too abstractly and pessimistically on technology. In the view of these critics, one should study technologies empirically in order to fully understand them. They developed several strategies to empirically inform the philosophy of technology and called their new approach the empirical turn. However, they provide insufficient indications of what exactly is meant by empirical study in their work. This leads to the critical (...) question of what counts as an empirically informed philosophy of technology in the empirical turn. In order to answer this question, we first elaborate on the problems that the empirical turn philosophers tried to address; secondly, we sketch their solutions, and, thirdly, we critically discuss their conceptions of empirical study. Our critical analysis of the empirical turn contributes to new efforts to engage in an empirically informed philosophy of technology. (shrink)

Traditionally, discussions of moral participation – and in particular moral agency – have focused on fully formed human actors. There has been some interest in the development of morality in humans, as well as interest in cultural differences when it comes to moral practices, commitments, and actions. However, until relatively recently, there has been little focus on the possibility that nonhuman animals have any role to play in morality, save being the objects of moral concern. Moreover, when nonhuman cases are (...) considered as evidence of moral agency or subjecthood, there has been an anthropocentric tendency to focus on those behaviors that inform our attributions of moral agency to humans. For example, some argue that the ability to evaluate the principles upon which a moral norm is grounded is required for full moral agency. Certainly, if a moral agent must understand what makes an action right or wrong, then most nonhuman animals would not qualify (and perhaps some humans too). However, if we are to understand the evolution of moral psychology and moral practice, we need to turn our attention to the foundations of full moral agency. We must first pay attention to the more broadly normative practices of other animals. Here, we begin that project by considering evidence that great apes and cetaceans participate in normative practices. (shrink)

Mainstream and Formal Epistemology provides the first, easily accessible, yet erudite and original analysis of the meeting point between mainstream and formal theories of knowledge. These two strands of thinking have traditionally proceeded in isolation from one another, but in this book, Vincent F. Hendricks brings them together for a systematic comparative treatment. He demonstrates how mainstream and formal epistemology may significantly benefit from one another, paving the way for a new unifying program of 'plethoric' epistemology. His book will (...) both define and further the debate between philosophers from two very different sides of the epistemological spectrum. (shrink)

A basic intuition we have regarding the nature of time is that the future is open whereas the past is fixed. For example, whereas we think that there are things we can do to affect how the future will unfold, we think that there are not things we can do to affect how the past unfolded. However, although this intuition is largely shared, it is not a straightforward matter to determine the nature of the asymmetry it reflects. So, in this (...) paper, I survey various philosophical ways of characterizing the asymmetry between the ‘open future’ and the ‘fixed past’ in order to account for our intuition. In particular, I wonder whether the asymmetry is to be characterized in semantic, epistemic, metaphysical or ontological terms. I conclude that, although many of these characterizations may contribute to a global understanding of the phenomenon, an ontological characterization of the asymmetry is to be preferred, since it is superior to the alternatives in explanatory power, intelligibility, and in how it coheres with interesting senses of openness. (shrink)

(2011). Reading Against the Grain: Edith Stein's Confrontation with Heidegger as an Encounter with Hermeneutical Phenomenology. Journal of the British Society for Phenomenology: Vol. 42, Ethics, Curiosity and Ontology, pp. 125-138.