Many apps request access to users’ contacts or photos and many consumers agree to these requests. However, agreeing is ethically questionable as it also gives apps access to others’ data. People thus regularly infringe each other’s information privacy. This behavior is at odds with offline practices and still poorly understood. Introducing a novel application of the theory of neutralization, we explore how people justify the giving away of others’ data and the emerging norms surrounding this behavior. To obtain a deeper (...) understanding of the potentially ambiguous norms surrounding the behavior, we investigate how people justify, i.e., neutralize, the behavior from both offender and victim perspectives. Across four studies, offenders appear more likely to admit to moral wrongdoing than victims assume. This suggests moral disagreement between offenders and victims. The discrepancy appears to be reasonably robust across different samples, apps and whether the other is identified, but diminishes when people learn how easily others’ data could be protected. These insights offer suggestions for businesses, consumers and public policy. (shrink)

This is the first book published that specifically examines questions of ethics and advocacy that arise in conducting research on homelessness, exploring the issues through the deeply personal experiences of some of the field’s leading scholars. By examining the central queries from a broad range of perspectives, the authors presented here draw upon years of rich investigations to generate a framework that will be instructive for researchers across a wide spectrum of areas of inquiry.

Around the globe, economists affect markets by saying what markets are doing, what they should do, and what they will do. Increasingly, experimental economists are even designing real-world markets. But, despite these facts, economists are still largely thought of as scientists who merely observe markets from the outside, like astronomers look at the stars. Do Economists Make Markets? boldly challenges this view. It is the first book dedicated to the controversial question of whether economics is performative--of whether, in some cases, (...) economics actually produces the phenomena it analyzes.The book's case studies--including financial derivatives markets, telecommunications-frequency auctions, and individual transferable quotas in fisheries--give substance to the notion of the performativity of economics in an accessible, nontechnical way. Some chapters defend the notion; others attack it vigorously. The book ends with an extended chapter in which Michel Callon, the idea's main formulator, reflects upon the debate and asks what it means to say economics is performative.The book's insights and strong claims about the ways economics is entangled with the markets it studies should interest--and provoke--economic sociologists, economists, and other social scientists.In addition to the editors and Callon, the contributors include Marie-France Garcia-Parpet, Francesco Guala, Emmanuel Didier, Philip Mirowski, Edward Nik-Khah, Petter Holm, Vincent-Antonin Lépinay, and Timothy Mitchell. (shrink)

ABSTRACT:Regulatory focus theory is proposed as offering an explanation for the influence of ethical leadership on organizational citizenship behaviors and employee commitments. The prevention focus mindset of an employee is argued to be the mechanism by which an ethical leader influences extra-role compliance behavior as well as normative commitment, whereas the promotion focus mindset of an employee is argued to be the mechanism by which an ethical leader influences extra-role voice behavior as well as affective commitment. Moreover, leader-member exchange is (...) proposed as a moderator of the relationship of ethical leadership to regulatory focus mindsets and employee behavior and commitments. Using the data collected in two waves from 250 working adults, we tested the proposed relationships with moderated mediation bootstrap procedures. The findings generally support the hypothesized relationships and point toward important implications for ethical leadership in work settings. (shrink)

Vincent Descombes brings together an astonishingly large body of philosophical and anthropological thought to present a thoroughgoing critique of contemporary cognitivism and to develop a powerful new philosophy of the mind. Beginning with a critical examination of American cognitivism and French structuralism, Descombes launches a more general critique of all philosophies that view the mind in strictly causal terms and suppose that the brain--and not the person--thinks. Providing a broad historical perspective, Descombes draws surprising links between cognitivism and earlier (...) anthropological projects, such as Lévi-Strauss's work on the symbolic status of myths. He identifies as incoherent both the belief that mental states are detached from the world and the idea that states of mind are brain states; these assumptions beg the question of the relation between mind and brain. In place of cognitivism, Descombes offers an anthropologically based theory of mind that emphasizes the mind's collective nature. Drawing on Wittgenstein, he maintains that mental acts are properly attributed to the person, not the brain, and that states of mind, far from being detached from the world, require a historical and cultural context for their very intelligibility. Available in English for the first time, this is the most outstanding work of one of France's finest contemporary philosophers. It provides a much-needed link between the continental and Anglo-American traditions, and its impact will extend beyond philosophy to anthropology, psychology, critical theory, and French studies. (shrink)

G. E. Moore observed that to assert, 'I went to the pictures last Tuesday but I don't believe that I did' would be 'absurd'. Over half a century later, such sayings continue to perplex philosophers. In the definitive treatment of the famous paradox, Green and Williams explain its history and relevance and present new essays by leading thinkers in the area.

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)

Speech acts are a staple of everyday communicative life, but only became a topic of sustained investigation, at least in the English-speaking world, in the middle of the Twentieth Century.[1] Since that time “speech act theory” has been influential not only within philosophy, but also in linguistics, psychology, legal theory, artificial intelligence, literary theory and many other scholarly disciplines.[2] Recognition of the importance of speech acts has illuminated the ability of language to do other things than describe reality. In the (...) process the boundaries among the philosophy of language, the philosophy of action, the philosophy of mind and even ethics have become less sharp. In addition, an appreciation of speech acts has helped lay bare an implicit normative structure within linguistic practice, including even that part of this practice concerned with describing reality. Much recent research aims at an accurate characterization of this normative structure underlying linguistic practice. (shrink)

I argue that it is possible literally to perceive the emotions of others. This account depends upon the possibility of perceiving a whole by perceiving one or more of its parts, and upon the view that emotions are complexes. After developing this account, I expound and reply to Rowland Stout's challenge to it. Stout is nevertheless sympathetic with the perceivability-of-emotions view. I thus scrutinize Stout's suggestion for a better defence of that view than I have provided, and offer a refinement (...) of my own proposal that incorporates some of his insights. (shrink)

This paper offers a twofold ontological conceptualization of technology in the Anthropocene. On the one hand, we aim to show how the Anthropocene occasions an experience of our inescapable inclusion in the technological structuring of reality that Martin Heidegger associates with cybernetics. On the other hand, by confronting Heidegger’s thought on technology with Georges Bataille’s consideration of technological existence as economic and averted existence, we will criticize Heidegger’s account by arguing that notwithstanding its inescapable inclusion in cybernetics, technology in the (...) Anthropocene itself fosters an experience of what remains excluded. We conclude by indicating how such an experience is relevant for contemporary philosophical investigation of technology. (shrink)

Abstract: One oft-cited feature of speech acts is their expressive character: Assertion expresses belief, apology regret, promise intention. Yet expression, or at least sincere expression, is as I argue a form of showing: A sincere expression shows whatever is the state that is the sincerity condition of the expressive act. How, then, can a speech act show a speaker's state of thought or feeling? To answer this question I consider three varieties of showing, and argue that only one of them (...) is suited to help us answer our question. I also argue that concepts from the evolutionary biology of communication provide one source of insight into how speech acts enable one to show, and thereby express, a psychological state. (shrink)

We critically survey prominent recent scholarship on the question of whether fiction can be a source of epistemic value for those who engage with it fully and appropriately. Such epistemic value might take the form of knowledge (for ‘cognitivists’) or understanding (for ‘neo-cognitivists’). Both camps may be sorted according to a further distinction between views explaining fiction’s epistemic value either in terms of the author’s engaging in a form of telling, or instead via their showing some state of affairs to (...) obtain, a special case of which is the provision of self-knowledge. Fictional works that show rather than tell often employ thought experiments. The epistemic value of some fictional works is indicated by their enabling of empathy, itself illuminated via the psychological process of experience-taking. Whether a fictional work offers epistemic value by telling or showing, there is, in principle, no bar to its being able to deliver on what it offers, and consumers of fiction who exercise epistemic vigilance may gain either knowledge or some degree of understanding from their engagement with it. (shrink)

Stalnaker’s conception of context as common ground possesses unquestionable explanatory power, shedding light on presupposition, presupposition accommodation, the behavior of certain types of conditionals, epistemic modals, and related phenomena. The CG-context approach is also highly abstract, so merely pointing out that it fails to account for an aspect of communication is an inconclusive criticism. Instead our question should be whether it can be extended or modified to account for such a phenomenon while preserving its spirit. To that end, this essay (...) assesses the prospects of the CG-context approach for making sense of the variety of ways in which interlocutors accept propositions as well as non-propositional contents, some different types of conversation and the norms distinctive of these different types, some pre-illocutionary pragmatic phenomena, conversational injustice, and fictional discourse. (shrink)

Frege was the grandfather of analytical philosophy, Husserl the founder of the phenomenological school, two radically different philosophical movements. In 1903, say, how would they have appeared to any German student of philosophy who knew the work of both? Not, certainly, as two deeply opposed thinkers: rather as remarkably close in orientation, despite some divergence of interests. They may be compared with the Rhine and the Danube, which rise quite close to one another and for a time pursue roughly parallel (...) courses, only to diverge in utterly different directions and flow into different seas. Why, then, did this happen? What small ingredient into the thought of each was eventually magnified into so great an effect? (shrink)

This open access book looks at how a democracy can devolve into a post-factual state. The media is being flooded by populist narratives, fake news, conspiracy theories and make-believe. Misinformation is turning into a challenge for all of us, whether politicians, journalists, or citizens. In the age of information, attention is a prime asset and may be converted into money, power, and influence – sometimes at the cost of facts. The point is to obtain exposure on the air and in (...) print media, and to generate traffic on social media platforms. With information in abundance and attention scarce, the competition is ever fiercer with truth all too often becoming the first victim. Reality Lost: Markets of Attention, Misinformation and Manipulation is an analysis by philosophers Vincent F. Hendricks and Mads Vestergaard of the nuts and bolts of the information market, the attention economy and media eco-system which may pave way to postfactual democracy. Here misleading narratives become the basis for political opinion formation, debate, and legislation. To curb this development and the threat it poses to democratic deliberation, political self-determination and freedom, it is necessary that we first grasp the mechanisms and structural conditions that cause it. (shrink)

This essay addresses the question whether artificial speakers can perform speech acts in the technical sense of that term common in the philosophy of language. We here argue that under certain conditions artificial speakers can perform speech acts so understood. After explaining some of the issues at stake in these questions, we elucidate a relatively uncontroversial way in which machines can communicate, namely through what we call verbal signaling. But verbal signaling is not sufficient for the performance of a speech (...) act. To explain the difference, we elucidate the notion of a speech act developed by Austin in the mid-twentieth century and then discuss Strawson’s influential proposal for how that notion may be related to Grice’s conception of speaker meaning. We then refine Strawson’s synthesis in light of Armstrong’s reconceptualization of speaker meaning in terms of objectives rather than intentions. We next extend this conception of speech acts to the cases of recorded, proxy, and conditional speech acts. On this basis, we propose that a characteristic role for artificial speakers is as proxies in the performance of speech acts on behalf of their human creators. We also consider two objections to our position, and compare our approach with others: while other authors appeal to notions such as “quasi-assertion,” we offer a sharp characterization of what artificial speakers can do that does not impute intentions or similarly controversial powers to them. We conclude by raising doubts that our strategy can be applied to speech acts generally. (shrink)

Illocutionary force and semantic content are widely held to occupy utterly different categories in at least two ways: Any expression serving as an indicator of illocutionary force must be without semantic content, and no such expression can embed. A refined account of the force/content distinction is offered here that does the explanatory work that the standard distinction does, while, in accounting for the behavior of a range of parenthetical expressions, shows neither nor to be compulsory. The refined account also motivates (...) a development of the "scorekeeping model" of conversation, helps to isolate a distinction between illocutionary force and illocutionary commitment, and reveals one precise respect in which meaning is only explicable in terms of use. (shrink)

Metaphorical utterances are construed as falling into two broad categories, in one of which are cases amenable to analysis in terms of semantic content, speaker meaning, and satisfaction conditions, and where image-construction is permissible but not mandatory. I call these image-permitting metaphors, and contrast them with image-demanding metaphors comprising a second category and whose understanding mandates the construction of a mental image. This construction, I suggest, is spontaneous, is not restricted to visual imagery, and its result is typically somatically marked (...) sensu Damasio. IDM’s are characteristically used in service of self-expression, and thereby in the elicitation of empathy. Even so, IDM’s may reasonably provoke banter over the aptness of the imagery they evoke. (shrink)

Earlier versions of this paper were presented at the University of Virginia and at Texas A&M University. I thank audiences at both institutions for their insightful comments. Special thanks to John Williams for his illuminating comments on an earlier draft. Research for this paper was supported in part by a Summer Grant from the Vice Provost for Research and Public Service at the University of Virginia. That support is here gratefully acknowledged.

On some formulations of Direct Reference the semantic value, relative to a context of utterance, of a rigid singular term is just its referent. In response to the apparent possibility of a difference in truth value of two sentences just alike save for containing distinct but coreferential rigid singular terms, some proponents of Direct Reference have held that any two such sentences differ only pragmatically. Some have also held, more specifically, that two such sentences differ by conveying distinct conversational implicata, (...) and that a conflation of implicatum with semantic content leads speakers to judge such sentences capable of differing in truth value. It is argued here that this latter defense of Direct Reference employs false explanans, on the ground that speakers conflate semantic content with implicatum only in quite special cases, and we have independent grounds for thinking that sentences reporting speech acts and attitudes are not cases of this sort. (shrink)

Guanxi (literally interpersonal connections) is in essence a network of resource coalition-based stakeholders sharing resources for survival, and it plays a key role in achieving business success in China. However, the salience of guanxi stakeholders varies: not all guanxi relationships are necessary, and among the necessary guanxi participants, not all are equally important. A hierarchical stakeholder model of guanxi is developed drawing upon Mitchell et al.’s (1997) stakeholder salience theory and Anderson’s (1982) constituency theory. As an application of instrumental (...) stakeholder theory, the model dimensionalizes the notion of stakeholder salience, and distinguishes between and among internal and external guanxi, core, major, and peripheral guanxi, and primary and secondary guanxi stakeholders. Guanxi management principles are developed based on a hierarchy of guanxi priorities and management specializations. The goal of this application of instrumental stakeholder theory is to construct, for Western business firms in China, a means to reliably identify guanxi partners by employing the principles of effective guanxi. These principles are described in the form of testable propositions that advance social scientific research in this area of international business ethics. (shrink)

An approach is provided to the prediction and explanation of quantity implicata that, unlike the majority of approaches available, does not construe Quantity as requiring speakers to make the strongest claim that their evidence permits. Central to this treatment is an elaboration of the notion of what a conversation requires as appealed to in the Cooperative Principle and the Quantity maxim. What a conversation requires is construed as depending, at any given point, upon the aim of the conversation taking place, (...) the conversational record, which includes such features as common ground and salience relations among objects, and any proffered illocution calling for a reply. In accounting for this third dimension a partial characterization is provided of the speech acts of assertion and interrogation in terms of their role in constraining the progress of the conversation in which they occur. (shrink)

An approach is provided to the prediction and explanation of quantity implicata that, unlike the majority of approaches available, does not construe Quantity as requiring speakers to make the strongest claim that their evidence permits. Central to this treatment is an elaboration of the notion of what a conversation requires as appealed to in the Cooperative Principle and the Quantity maxim. What a conversation requires is construed as depending, at any given point, upon the aim of the conversation taking place, (...) the conversational record, which includes such features as common ground and salience relations among objects, and any proffered illocution calling for a reply. In accounting for this third dimension a partial characterization is provided of the speech acts of assertion and interrogation in terms of their role in constraining the progress of the conversation in which they occur. (shrink)

Invariance of the class of algorithms expressible with respect to changes in computational formalism have provided extremely stable foundations for the Church-Turing thesis, according to which a number of—equivalent—computational mechanisms each fully capture the intuitive notion of algorithm. Thanks to the stability and elegance of the Church-Turing thesis, the notion of computation defined by these mechanisms is etched in stone as the theoretical essence of computation. In particular, this notion has been extensively used as an abstract tool to model natural (...) phenomena. (shrink)

Women in Rock, Women in Romanticism is the first book-length work to explore the interrelationships between contemporary female musicians and eighteenth- and nineteenth-century art, music, and literature by women and men. The music and videos of contemporary musicians including Erykah Badu, Beyoncé, The Carters, Hélène Cixous, Missy Elliot, the Indigo Girls, Janet Jackson, Janis Joplin (and Big Brother and the Holding Company), Natalie Merchant, Joni Mitchell, Janelle Monáe, Alanis Morrisette, Siouxsie Sioux, Patti Smith, St. Vincent (Annie Clark), and (...) Alice Walker are explored through the lenses of pastoral and Afropresentism, Gothic, female Gothic, and the literature of William Blake, Beethoven, Arthur Schopenhauer, Samuel Taylor Coleridge, Charlotte Dacre, Ralph Waldo Emerson, E.T.A. Hoffmann, Ann Radcliffe, William Shakespeare, Mary Shelley, her husband Percy Shelley, Henry David Thoreau, Horace Walpole, Jane Williams, Mary Wollstonecraft, and William Wordsworth to explore how each sheds light on the other, and how women have appropriated, responded to, and been inspired by the work of authors from previous centuries. (shrink)

Grice's Quantity maxims have been widely misinterpreted as enjoining a speaker to make the strongest claim that she can, while respecting the other conversational maxims. Although many writers on the topic of conversational implicature interpret the Quantity maxims as enjoining such volubility, so construed the Quantity maxims are unreasonable norms for conversation. Appreciating this calls for attending more closely to the notion of what a conversation requires. When we do so, we see that eschewing an injunction to maximal informativeness need (...) not deprive us of any ability to predict or explain genuine cases of implicature. Crucial to this explanation is an appreciation of how what a conversation, or a given stage of a conversation, requires, depends upon what kind of conversation is taking place. I close with an outline of this dependence relation that distinguishes among three importantly distinct types of conversation. (shrink)

This chapter contains sections titled: Introduction Three Forms of Showing Showing How and Knowing How Perceiving Aspects and Affects Expressiveness and Showing How Congruence of Sensation and Affect Empathy and Epistemology Art and Skill.

This chapter contains sections titled: Literature, Fiction, and Truth Literary Cognitivism Thought Experiments Genres Learning by Supposing De se Suppositions.

According to many forms of Externalism now popular in the Philosophy of Mind, the contents of our thoughts depend in part upon our physical or social milieu.1 These forms of Externalism leave unchallenged the thesis that the ~non-factive! attitudes we bear towards these contents are independent of physical or social milieu. This paper challenges that thesis. It is argued here that publicly forwarding a content as a supposition for the sake of argument is, under conditions not themselves guaranteeing the existence (...) of that state, sufficient for occupancy of the intentional state of supposing that content. Because a saying may literally create an intentional state, whether one is in such a state does not depend solely upon how things are within one’s skin. Rather, even leaving content fixed, the attitude borne toward that content depends in part upon what norms are in force in one’s milieu. (shrink)

Frege and many following him, such as Dummett, Geach, Stenius and Hare, have envisaged a role for illocutionary force indicators in a logically perpspicuous notation. Davidson has denied that such expressions are even possible on the ground that any putative force indicator would be used by actors and jokers to heighten the drama of their performances. Davidson infers from this objection a Thesis of the Autonomy of Linguistic Meaning: symbolic representation necessarily breaks any close tie with extra-linguistic purpose. A modified (...) version of Frege's ideal is here propounded according to which all expression is a force indicator just in case it indicates force in any speech act in which it occurs. It is shown that attainment of such an ideal would not have deprived Frege of what he desired of a perspicuous notation. In elaborating this ideal we also espouse an illocutionary conception of validity and argue that the ideal is one to which English conforms: parenthetical speech act verbs in the first person present indicative active are force indicators in the modified sense. But the mere possibility of force indicators in the modified sense is enough to show Davidson's Autonomy Thesis to be at best at half-truth. (shrink)

This is a discussion of the reaction to the recent research article publication in the journal Protein & Cell by a group of scientists at Sun Yat-sen University using the CRISPR/Cas9 technique on editing non-viable human zygotes. Many commentators condemned the Chinese scientists for overstepping ethical boundaries long accepted in Western countries and accused China of having lax regulations on genomic research in general. We argue that not only did this research follow strict ethical standards and fully comply with current (...) regulations, but China also has a well-developed regulatory framework governing such research comparable to many developed countries. We see the reactions among Western commentators as a misunderstanding of the current situation and an expression of a lack of willingness to acknowledge China as an equal partner in the international debate about proper limits to the development of new biotechnologies. (shrink)

This essay offers a constructive criticism of Part I of Davis’ Meaning, Expression and Thought. After a brief exposition, in Sect. 2, of the main points of the theory that will concern us, I raise a challenge in Sect. 3 for the characterization of expression that is so central to his program. I argue first of all that a sincere expression of a thought, feeling, or mood shows it. Yet attention to this fact reveals that it does not go without (...) saying how it is possible to show such things as thoughts, feelings or moods; we need an account of how this is possible, and I offer a partial such account in Sect. 4. Second, much of the attraction of Davis’ program depends on its ability to explain how linguistic meaning can be arrived at without covertly presupposing linguistic conventions. This in turn depends, in Davis’ hands, upon the claim that it is possible to express any of a wide range of ideas in the absence of conventions. I argue in Sect. 5 that the account of showing at which we will by then have arrived makes clear that Davis needs, and lacks, an explanation of how it is possible to do this. (shrink)

In articles such as “Speech Acts without Propositions?” (2006), Marina Sbisà advocates a “strong” conception of speech acts as means by which speakers modify their own and others’ deontic statuses, including their rights, obligations, and commitments. On this basis Sbisà challenges an influential approach to speech acts as typically if not universally possessing propositional contents. Sbisà argues that such an approach leads to viewing speech acts as primarily aimed at communicating propositional attitudes rather than carrying out socially and normatively significant (...) action. For this reason she advocates eschewing propositions from speech act theory’s conceptual toolkit; she also proposes a liberalization of the distinction between illocutionary force and semantic content, which are widely thought to be mutually exclusive. In this chapter we examine Sbisà’s reasoning and argue that while it does justify denying propositional attitudes a central role in communication, it does not justify dispensing with propositions or other contents in our theorizing about speech acts. In addition, we endorse Sbisà’s proposal for liberalizing the force/content distinction, and show a variety of ways in which force indicators may also possess semantic content. (shrink)

Angle Grinder Man removes wheel locks from cars in London.1 He is something of a folk hero, saving drivers from enormous parking and towing fi nes, and has succeeded thus far in eluding the authorities. In spite of his cape and lamé tights, he is no fi ction; he’s a real person. By contrast, Pegasus, Zeus and the like are fi ctions. None of them is real. In fact, not only is each of them different from the others, all differ (...) from Angle Grinder Man. After all, Zeus throws thunderbolts but doesn’t remove boots from cars; unlike Superman, Angle Grinder Man couldn’t leap over a parked Mini, and all sightings suggest that he is a human being, not a horse. (shrink)

Angle Grinder Man removes wheel locks from cars in London. He is something of a folk hero, saving drivers from enormous parking and towing fines, and has succeeded thus far in eluding the authorities. In spite of his cape and lamé tights, he is no fiction; he's a real person. By contrast, Pegasus, Zeus and the like are fictions. None of them is real. In fact, not only is each of them different from the others, all differ from Angle Grinder (...) Man. After all, Zeus throws thunderbolts but doesn't remove boots from cars; unlike Superman, Angle Grinder Man couldn't leap over a parked Mini, and all sightings suggest that he is a human being, not a horse. (shrink)

In Belief and the Will, van Fraassen employed a diachronic Dutch Book argument to support a counterintuitive principle called Reflection. There and subsequently van Fraassen has put forth Reflection as a linchpin for his views in epistemology and the philosophy of science, and for the voluntarism (first-person reports of subjective probability are undertakings of commitments) that he espouses as an alternative to descriptivism (first-person reports of subjective probability are merely self-descriptions). Christensen and others have attacked Reflection, taking it to have (...) unpalatable consequences. We prescind from the question of the cogency of diachronic Dutch Book arguments, and focus on Reflection's proper interpretation. We argue that Reflection is not as counterintuitive as it appears — that once interpreted properly the status of the counterexamples given by Christensen and others is left open. We show also that descriptivism can make sense of Reflection, while voluntarism is not especially well suited to do so. (shrink)

Pregnancy-based employment discrimination has long been a topic of interest for gender inequality scholars and civil rights agencies. Prior work suggests that employer stereotypes and financial interests leave pregnant women vulnerable to being fired. We still know little, however, about women’s interpretations of their terminations and how employers justify such decisions in the face of arguably protective laws. This article provides much needed, in-depth analyses of such dynamics and a relational account of pregnancy-based employment discrimination claims. Elaborating on theoretical expositions (...) of power and research surrounding the patriarchal character of organizational life, we draw on unique quantitative and qualitative data from verified cases of pregnancy-based firing discrimination. Our analyses reveal a two-pronged legitimation process where employers symbolically vilified pregnant workers while simultaneously amplifying ostensibly meritocratic organizational procedures and concerns. Pregnancy discrimination plaintiffs attempted to counter employer arguments. Yet, their limited power within the organizational hierarchy along with the culturally resonant nature of employer logics—logics that seem gender-neutral but that reify gendered assumptions and prioritize business profit—place pregnant women at a considerable disadvantage. Without attending to such cultural and structural power imbalances and the relational processes that undergird them, pregnancy discrimination will remain a significant problem. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

forthcoming in S. L. Tsohatzidis (ed.) John Searle’s Philosophy of Language: Force, Meaning and Mind (Cambridge).

This chapter contains sections titled: Introduction Speech Acts, Acts of Speech, and Performatives Acts and Their Contents Speech Acts, What is Said, and Speaker Meaning Misfires, Abuses, and How Saying Makes It So Illocutions, Perlocutions, and Implicature Direct and Indirect Speech Acts References Further reading.

Slote has argued that empathy plays a crucial role in such speech acts as questions and assertions. After clarifying some of the aims and limitations of speech act theory, providing an account of empathy and its potential epistemic value, and sketching the role that some speech acts play in expressing psychological states, we consider Slote’s argument for the place of empathy in questions and assertions. We show that the most that Slote has established is that some cases of questioning and (...) asserting depend upon on empathetic engagement between speaker and addressee. That, however, is no basis for concluding that empathy plays a crucial role in either of these illocutions. (shrink)

1. On at least one usage of ‘mean’, performing an action that leads someone else to think that P, is not, on its own, sufficient for meaning that P. Nor is performing an action that is intended to get someone to think this. Instead one must make one’s intention overt. Grice’s way of developing this overtness requirement requires audience-directed intentions: for an agent, on this approach, to mean that P, she must perform a publicly accessible action with the intention of (...) producing in an addressee the belief that P, while further intending that her addressee enter that state at least in part by recognition of her intention. 11 Different types of intended cognitive state and content correspond to different illocutionary forces. Thus an imperatival utterance might be made with the aim of producing an intention to do something; and one might mean P as a conjecture rather than as an assertion by intending to produce in an addressee not a belief but some less committal cognitive state such as tentative acceptance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beyond Ratzinger's Republic:Communio's Postliberal TurnSam Zeno Conedera S.J. and Vincent L. Strand S.J.Is the political future of the West a postliberal one? For the past decade, numerous prominent thinkers in America and Europe have been debating this question. Matters that not long ago were merely of historical interest, such as Pope Gelasius I's understanding of the relation between sacral authority and royal power, Thomas Aquinas's thought on monarchy (...) and Robert Bellarmine's theory of the pope's indirect authority in temporal matters are now increasingly studied for their potential answers to contemporary political questions. This development, which would have been nearly unimaginable just a decade earlier, unsurprisingly has been led by Catholics. We say "unsurprisingly" in view of the long pre-modern tradition of Catholic political thought, as well as the Church's long struggle against liberalism during the nineteenth and early twentieth centuries. Some of the current postliberal writers explicitly connect themselves to both of these aspects by using the term "integralist" to describe their position.1 [End Page 889]This "new integralism" represents a radical departure from the mainstream of Catholic political discourse of the last half century, which has largely sought rapprochement with Western liberalism. A group of writers, led by John Courtney Murray, George Weigel, Michael Novak, and Robert George, have held that the American constitutional order is rooted in the natural law tradition, and therefore is basically friendly to Catholic political thought. The Church's role in American life, they say, is upholding the natural law as a public moral philosophy, while embracing the non-establishment clause of the First Amendment as a matter of principle, in accordance with the teachings of the Second Vatican Council. This "Whig Thomism," which for decades represented the predominant outlook of conservative American Catholics, must now face the challenge of a different sort of Thomism represented by the integralists.2While the engagement between Whig Thomists and integralists has received most of the attention from scholars and journalists alike, another postliberal option has emerged in recent years. Its source is a group of Catholic thinkers associated with the Communio theological movement. Their political vision, which has no single name or label, has a complex and subtle relationship with the thought of earlier Communio writers, most of whom shared the Whig Thomist desire for reconciliation with Western liberalism. [End Page 890] The appearance of a Communio postliberalism therefore represents a significant development within this intellectual tradition. The most important representative of the earlier Communio perspective on political questions is Joseph Ratzinger / Pope Benedict XVI, who has recently been lauded as the "most important Catholic thinker of the twentieth century" on matters at the intersection of theology and politics.3In an article titled "Ratzinger's Republic" that appeared in these pages in 2020, we identified a significant tension in his thought about the Church's contribution to political life.4 Exploring Ratzinger's writings on natural law, we demonstrated that two currents are present. In accord with his fundamental theological commitments about nature and grace and about faith and reason, Ratzinger often questioned the effectiveness of arguments from natural law. He claimed that, since reason is historically conditioned, and therefore in the current order marked by sin, reason needs grace and faith to function properly. Yet, on other occasions, Ratzinger strongly endorsed arguments from natural law, highlighting its role as the foundation of a just democratic political order. We traced this ambivalence about natural law back to a dilemma at the heart of Ratzinger's political thought. On the one hand, in accord with his thinking about the relations of nature and grace and faith and reason, Ratzinger argued that the state needs the Church to supply moral values that the state cannot furnish on its own. On the other hand, he believed it belongs to the very nature of the Church to be separate from the state, and he endorsed nonconfessional, religiously pluralistic states.5 In light of these two commitments, Ratzinger argued that the contribution Christians are to make to the state is to supply moral values that were discerned under the influence of grace and divine revelation but... (shrink)