This chapter contains sections titled: Introduction The Challenge to the Distinctiveness and the Coherence of Contract Four Autonomy‐Based Theories Three Teleological Theories Concluding Remarks References.

A common view among nontheists combines the de jure objection that theism is epistemically unacceptable with agnosticism about the de facto objection that theism is false. Following Plantinga, we can call this a “proper” de jure objection—a de jure objection that does not depend on any de facto objection. In his Warranted Christian Belief, Plantinga has produced a general argument against all proper de jure objections. Here I first show that this argument is logically fallacious (it makes subtle probabilistic fallacies (...) disguised by scope ambiguities), and proceed to lay the groundwork for the construction of actual proper de jure objections. (shrink)

To date, both the United States federal government and twenty-one individual states have passed Religious Freedom Restoration Acts that aim to protect religious persons from having their sincere beliefs substantially burdened by governmental interests. RFRAs accomplish this by offering a three-pronged exemption test for religious objectors that is satisfied only when (1) an objector has a sincere belief that is being substantially burdened; (2) the government has a very good reason (e.g., health or safety) to interfere; and (3) there (...) is a reasonable alternative to serve the compelling interest. Legal balancing tests like those found in RFRA are content neutral insofar as they sideline the belief-content of conscientious objections as irrelevant when determining the permissibility of granting legal accommodations. However, some theorists worry that this legal picture may be backward: perhaps balancing tests should be content non-neutral given the usual features of conscientious objections. For example, Yossi Nehushtan contends that, contrary to their typical codification, religious conscience beliefs seem undeserving of special legal accommodations because they possess uniquely strong empirical and theoretical ties to intolerance. Thus, the illiberally intolerant content of these conscientious objections might actually give the state a reason to refuse to grant legal exemptions. In this paper, I offer a cursory defense of content neutrality with respect to balancing tests like those found in RFRA. To begin, I outline Nehushtan’s argument for content non-neutrality. The cornerstone of his argument is that illiberal intolerance is intolerable such that conscientious objections that are based upon illiberally intolerant values provide the state with strong, normally prevailing reason not to grant an exemption. I argue that, even when the illiberally intolerant content of one’s conscience constitutes a weighty and relevant factor in determining the permissibility of granting a legal exemption, there remain significant problems. It is difficult, for example, to determine which views are illiberally intolerant and difficult to say whether illiberally intolerant views can effectively serve as the principled demarcating line in balancing tests. To conclude, I offer several cursory arguments in favor of adopting content-neutral approaches without necessarily making a comprehensive case. By drawing on the work of Amy Sepinwall, Nadia Sawicki, and Nathan Chapman, I show that content-neutral approaches can help to safeguard robust protections for conscience by permitting atypical exercises of conscience, protect minority thoughts and practices from being coercively supplanted by majoritarian understandings of morality, appropriately maintain the skepticism and humility that we owe each other as compatriots in a pluralistic society, and allow the kind of justifiable civil disobedience that has an important place in political history among other things. (shrink)

Understanding the University constitutes the final volume in a trilogy - the first two books having been Being a University (2010) and Imagining the University (2012) - and represents the trilogy's ultimate aims and endeavours. The three volumes together offer a unique attempt at a fairly systematic and exhaustive level to map out just what it might be seriously to understand the extraordinarily complex entity that is known across the world as 'the university'. Through examination of the conditions and possibilities (...) underlying and affecting universities, this work offers an understanding of specific ideas of the university which can inform policies, strategies and practices in relation to the university. This book is a must read for leaders and senior managers in universities, as well as those undertaking postgraduate studies in the policy and practice of higher education. (shrink)

The part that the university plays is increasingly of external and economic value, ignoring the importance of the value of knowledge in itself. By analyzing the university's current relationship with knowledge, this book tackles the problem head-on. It considers how the concept of knowledge can be reclaimed in an era of post truth and alternative fact, provides conceptual tools for people to think and debate about knowledge and education in new ways and offers a clear focus for the future development (...) of academia. This fascinating book is recommended reading to anyone engaged with the idea of rethinking universities in the 21st century. (shrink)

Frank Ramsey writes: If two people are arguing ‘if p will q?’ and both are in doubt as to p, they are adding p hypothetically to their stock of knowledge and arguing on that basis about q. We can say that they are fixing their degrees of belief in q given p. (1931) Chalmers and Hájek write: Let us take the first sentence [of Ramsey] the way it is often taken, as proposing the following test for the acceptability of (...) an indicative conditional: ‘if p then q’ is acceptable to a subject S iff, were S to accept p and consider q, S would accept q. (shrink)

BackgroundIn Australia, the peer review process for competitive funding is usually conducted by a peer review group in conjunction with prior assessment from external assessors. This process is quite mysterious to those outside it. The purpose of this research was to throw light on grant review panels (sometimes called the ‘black box’) through an examination of the impact of panel procedures, panel composition and panel dynamics on the decision-making in the grant review process. A further purpose was to compare experience (...) of a simplified review process with more conventional processes used in assessing grant proposals in Australia.MethodsThis project was one aspect of a larger study into the costs and benefits of a simplified peer review process. The Queensland University of Technology (QUT)-simplified process was compared with the National Health and Medical Research Council’s (NHMRC) more complex process. Grant review panellists involved in both processes were interviewed about their experience of the decision-making process that assesses the excellence of an application. All interviews were recorded and transcribed. Each transcription was de-identified and returned to the respondent for review. Final transcripts were read repeatedly and coded, and similar codes were amalgamated into categories that were used to build themes. Final themes were shared with the research team for feedback.ResultsTwo major themes arose from the research: (1) assessing grant proposals and (2) factors influencing the fairness, integrity and objectivity of review. Issues such as the quality of writing in a grant proposal, comparison of the two review methods, the purpose and use of the rebuttal, assessing the financial value of funded projects, the importance of the experience of the panel membership and the role of track record and the impact of group dynamics on the review process were all discussed. The research also examined the influence of research culture on decision-making in grant review panels. One of the aims of this study was to compare a simplified review process with more conventional processes. Generally, participants were supportive of the simplified process.ConclusionsTransparency in the grant review process will result in better appreciation of the outcome. Despite the provision of clear guidelines for peer review, reviewing processes are likely to be subjective to the extent that different reviewers apply different rules. The peer review process will come under more scrutiny as funding for research becomes even more competitive. There is justification for further research on the process, especially of a kind that taps more deeply into the ‘black box’ of peer review. (shrink)

Latin American countries have slowly enacted laws decriminalizing abortion in three circumstances: Life‐threatening risk for the pregnant woman, extra‐uterine non‐viability of malformed foetus, and pregnancy due to rape or incest. Chile is one of the last countries to adopt such a law, formulated in an increasingly restrictive format. Conservative politicians and Church‐related healthcare institutions promptly announced individual and institutional conscientious objection based on the right of private facilities to obey their ideology and personal moral integrity. Juridical consultations and Constitutional Court (...) rulings allowed private hospitals to uphold their objection even if contracted to provide some public health services. Under these conditions, only a few hundred women requested and obtained a legal abortion, while an estimated 100,000 continued to depend on unsafe procedures. Bioethical debate was silenced by the unfettered drive for conscientious objection that continues to limit women’s autonomy, and fails to ease the public health scourge of massive unsafe clandestine abortions. (shrink)

Criminal juries in the United States typically deliver their decisions through a “general verdict,” expressing only their ultimate conclusion of “guilty” or “not guilty,” rather than through a “special verdict” that identifies whether each element of the charged crime has been proven beyond a reasonable doubt. American courts have broadly favored the use of general verdicts in criminal cases due to concerns that the special verdict will curtail the jury’s decision-making autonomy, including its power to nullify the law in favor (...) of the defense, potentially undermining the criminal defendant’s constitutional right to trial by jury. This Article confronts the legal status quo on verdict format and its underlying, untested assumptions. Drawing upon prior psychology findings and legal professionals’ anecdotal observations, it questions whether the general verdict poses its own under-acknowledged threats to the rights of criminal defendants and the decision-making agency of jurors. While the more guided special verdict format is presumed to threaten nullifying acquittals, the unguided general verdict format might be enabling convictions that violate constitutional norms of due process, impartial adjudication, and equal protection. Given the high-stakes values potentially implicated in the choice of verdict format in criminal cases, it is time to put the conventional wisdom in favor of general verdicts to an empirical test. This Article therefore proposes a methodological framework for investigating whether the legal status quo accurately reflects (1) current stakeholders’ preferences and predictions, and (2) experimentally testable legal and cognitive effects of general versus special verdicts in lay determinations of criminal liability. A data-informed understanding is needed to assess whether the general verdict is optimizing the integrity, fairness, and constitutionality of criminal jury decision making. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 11.1 (2004) 65-70 [Access article in PDF] Top-Down and Bottom-Up in Delusion Formation Jakob Hohwy Keywords delusions, top-down, bottom-up, predictive coding Some delusions may arise as responses to unusual experiences (Davies et al. 2001; Maher 1974;). The implication is that delusion formation in some cases involves some kind of bottom-up mechanism—roughly, from perception to belief. Delusion formation may also involve some kind (...) of top-down mechanism. This could be in the shape of a patient's flawed background beliefs, or biases, which somehow modulate perception or ensure delusional interpretations of experience. There is little agreement about what kind of mechanism is primary in delusion formation, or, indeed, what the particular mechanisms and their neural substrates might be.In the evaluation of top-down and bottom-up mechanisms in delusion formation, a number of conceptual questions should be addressed (Davies and Coltheart 2000). For example, if there is an experiential component, why is a hypothesis with a delusional explanation of the unusual experience seen as relevant? Why do the subjects come to believe it tenaciously? How come some unusual experiences do not develop into delusions?A number of empirical findings also need to be taken into account: for example, the damage to the autonomic system in Capgras delusion (Ellis et al. 1997), the decreased ability for fast error correction in schizophrenia (Frith and Done 1989), modulation of activity in parietal cortex in delusions of alien control and other passivity experiences (Blakemore, Oakley, and Frith 2003), and also in schizophrenia, the increased sensitivity to self-produced stimuli, such as tickling oneself (Blakemore et al. 2000) and the sound of one's own voice (Ford et al. 2001).Theory choice can also be guided by philosophical doctrines about, for example, the nature of belief, the constitutive role of rationality, and intersubjectivity and the nature of judgements about the external world. It is natural, however, to let beliefs about philosophical doctrine be secondary to empirical findings and conceptual issues.The distinction between bottom-up and top-down mechanisms is particularly sharp in John Campbell's (2001) account of delusions and in Tim Bayne and Elisabeth Pacherie's (2004) discussion of Campbell. In this discussion, top-down approaches are associated with the general philosophical doctrine of rationalism, and bottom-up approaches with the philosophical doctrine of empiricism. Campbell's account is top-down because he posits delusional framework beliefs that arise directly as a result of brain damage or malfunction, and that work in some top-down fashion on the interpretation of experience. Bayne [End Page 65] and Pacherie convincingly defend empiricism against Campbell's rationalist account. Among their many other objections, they briefly puzzle about how a delusional framework belief (e.g., that one's spouse is an impostor) in a top-down fashion could cause the damage to the autonomic system seen in the Capgras and Cotard delusions (2004, 1). I think this is a very important objection because skin conductance data are part of the evidence for the bottom-up hypothesis concerning the Capgras delusion. We could add to this, for example, that it is mysterious how belief in a top-down fashion could cause people with schizophrenia to be worse at fast error correction than normal controls, to be better at tickling themselves than normal controls, and to have an increased response to the sound of their own voice.On the other hand, although the skin conductance response (SCR) evidence suggests a bottom-up approach to the Capgras delusion, it does not explain the character of the subjective experience that is hypothesized to give rise to the delusional belief: reduced SCR is not part of the experience itself (thanks to Ian Gold for discussion of this). Something more is required to give a full account of the type of experience that gives rise to the delusion. Further, as they stand, most bottom-up accounts are unable to account for why reality testing fails for beliefs based on these experiences.Neither rationalism nor empiricism on their own seem able to address the conceptual questions while paying... (shrink)

The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...) consenting to the state’s lawful actions. In addition, the various obstacles standing in the way of us leaving the state render our remaining involuntary. Thus, the critics conclude, few if any people can be considered to have consented through their residence. I argue that these objections fail and that the residence theory remains a viable option, at least for those who are not committed incompatibilists. (shrink)

Racism as an independent topic of investigation in philosophy has considerably developed since the 1990s, when it appeared as part of growing debates that, on the one hand, investigated the political meaning of race and, on the other, its ontology and whether it existed at all. Likewise, with the idea of racism, its broadly normative meaning is critiqued by some philosophers, while others ask how best to conceive of it and identify its immorality. There were a few early and significant (...) forays in philosophy about the nature of racism, of which three works stand out because of the way they set the terms of the debate: David Theo Goldberg's Racist Culture, Charles W. Mills’ The Racial Contract, and Jorge L.A. Garcia's “The Heart of Racism.”1 This collection reacts to the latter fork in the discussion but does so in ways that significantly touch on the former.The collection begins with Jorge L. Garcia's “Virtue Ethics in Social Theory: Defending a Volitional Analysis of Racism from Tommie Shelby's Challenges.” It is a clarification and defense of his influential volitional analysis of racism (VAR) from three prominent objections: that VAR inadequately accounts for the immorality of racism because it relies on the assumed wrongness of racism built into ordinary usage of the term ‘racist;’ that it mistakenly separates intention from belief; and that it does not fully account for the racism of some troubling mental states that cannot be traced back to a racist ill-will. Garcia's account of racism as fundamentally rooted in racist ill-will, along with Lawrence Blum's, is representative of agent-centered theories of racism. Not only do they attempt to explain individual or personal racism, but they also hold that racism in institutions, structures, or systems traces back to the racism of persons.Current accounts of structural racism, however, claim that it exists and operates independently of infection from intentionally racist persons, that the focus on racist persons cannot adequately account for how racism works in society, and that, instead, we should concentrate on structures and ideologies. Amelia Wirts sharply defends this view in her, “What does it mean to say ‘The Criminal Justice System is Racist’?” She explains how structural racism applies to America's criminal justice system and other “intermediate” (between individual and societal level) structures. Wirts argues that personal accounts of racism, and in particular Garcia's VAR, do not adequately account for the patterns of racial disparity in the criminal justice system or its disproportionate harm to black people. She advocates, instead, for a patterned view of structural racism, the patterns of which operate “as if it were designed to disproportionately harm” some racialized group. Additionally, Wirts adds that such patterns are particularly racist when they fuel racist ideological symbols, as the criminal justice system does in relation to the idea of the black criminal.Structural analyses of racism are powerfully instructive, and Alisa Bierria, in “Structural Racism Within Reason,” offers an account that takes an epistemic turn that advances our understanding of their meaning. More than the idea that personal and structural racism beget each other in continuous looping effects, and more than the view that racism is best understood as an ideology that provides the content to racist attitudes or policy proscriptions, she argues that structural racism structures reason. Drawing on the 2012 case of Marissa Alexander, who unsuccessfully tried to use Florida's Stand Your Ground Law to justify her firing a warning shot at her estranged, abusive husband to protect herself from his murderous threat, Bierra argues that structural racism extends constructed and controlling intentions onto its targets, and, as in the case she discusses, it uses those constructed and fictional intentions to justify their punishment and depriving them of equal justice.Structural analyses of racism are essential additions to the philosophical understanding of racism that have appropriately challenged the centrality of agent-centered accounts. The increasing academic focus on structural explanations, however, along with the current overuse of “systemic racism” in popular discourse, threatens to eclipse the value of accounts of agent-centered accounts. In “Is Racism Essentially Systemic?” Michael Hardimon counsels against this trend. He reminds us that racism is not essentially systemic, and that the dominance of structural explanations could obscure its other forms and even the proper understanding of structural racism. Indeed, structures once constructed might operate independently of human intention, but they are designed, initiated, and often operated by persons.After considering the direction of the current philosophical discussion about the meaning of racism and its immorality, the next set of articles expands the discussion into matters of class, xenophobia, and white nationalism. Lawrence Blum's “Race and Class Together” starts it off. Blum builds class into his analysis of racism and critiques its absence in anti-racist theory. He argues that paying attention to class is required to secure justice for the victims of racism because pursuing justice is often a matter of both. Blum contends that race and class are “normatively distinct axes of injustice” and that, depending on the question, racial injustice needs to be addressed separately. However, there are aspects of racial injustice that can only be dealt with through a class analysis and require class or combined class–race focused policies. Pointing to the fact that many of the members of groups targeted by racism (he considers blacks, Indigenous peoples, and Latinxs) share cross-class interests, which includes shared interests with some whites, which they do not share with more economically privileged members of their own groups, Blum argues that these interests should be addressed through “class-focused policies,” in a manner that will secure justice for disadvantaged racial groups.Shifting from the class-race analysis, José Jorge Mendoza, in “‘Go Back to Where You Came From!’ Racism, Xenophobia, and White Nationalism,” turns our attention toward white nationalism to examine whether it is best understood as an expression of racism or xenophobia. Although he recognizes the importance of xenophobia in white nationalism, Mendoza does not neglect its connections with racist ideas. However, he acknowledges that emphasizing the role of race in condemnations of white nationalism risks overextending the concept of race, i.e., in regards to pan-racial groups, because some members of those groups are racially identified as white. Thus, the charge of racism against white nationalism in such cases may not clearly apply. To deal with those cases, Mendoza cleverly decouples the ideas of “radicalization” and “racial formation,” and he puts forward a new concept, “racial disintegration,” to account for the operation and shifting targets of white nationalism.In the final piece, David H. Kim and I discuss xenophobia and racism in the case of “Anti-Asian Racism.” We move from general theories of racism to inquire about what is at the base of anti-Asian racism. Little is said in contemporary accounts of racism about anti-Asian racism. This is due, in part, to the high level of abstraction in those discussions but also because much of the literature takes anti-blackness as the model of racism. Our piece addresses this lacuna in a manner not beholden to the black-white binary. We discuss how the idea of anti-Asian racism is a conceptual problem in the American context dominated by that binary. We then argue that xenophobia as a form of civic ostracism, and to some extent xenophilia, play a particular role in how anti-Asian racism functions and its immorality.The pieces in this collection resonate with current events and controversies involving racism and illustrate the potential of the debate to relate to and speak those events, not just to the specialized interests of a cloistered academic conversation. Each piece demonstrates the potential for extending vital lines of debate and discussion that touches the raw nerve of the public discussion of racism. (shrink)

Place mouse over image continent. 2.1 (2012): 36–39. From an ethical and political perspective, people and property can hardly be separated. Indeed, the modern political subject – that is, the individual, the person, the self, the autonomous actor, the rational self-interest maximizer, etc. – has taken shape in and through the elaboration, institutionalization, and enactment of that which rightfully belongs to it. This thread can be traced back perhaps most directly to Locke’s notion that the origin of the political state (...) occurs when people rise above the state of nature by ceding the power to prosecute offenses. The rule of law begins then with a defense of the right to property. People become subjects by adhering to the social contract, which they do by deferring the defense of their own property to the state. In this light, the response of the United States federal government to the financial crisis of 2008 appears to many as a breach of the social contract. The chant “banks got bailed out, we got sold out” states the claim plainly. Why exactly did some subjects (e.g., the banks) have their property defended by the state (i.e., through the variety of programs including TARP, the discount window at the US Federal Reserve, etc.), when other subjects (e.g., homeowners) found themselves without protection of their property rights, forced to default on mortgage debts and face dispossession? Even if the rhetoric about “too big to fail” can be believed, and the collapse of the financial system would lead to negative consequences for people who had little or no connection to the activities that brought it about, such consequences need not call into question the notion that everyone stands equally before the law. To occupy, then, appears as a form of civil disobedience, an intentional, retaliatory breach of the social contract by those who feel that they have lost the support of the state to which they ceded their power as sovereign agents. The visible and the invisible The violation of property rights of people who have recognition, protection and power under the law destabilizes their very status as citizens and tests the limit of democracy. Does the financial system force the dematerialized victimization of individuals? Do people become numbers, or worse still, percentages of unemployed, tranches of defaulted mortgages and foreclosures? Are they perhaps instead disenfranchised prospectively from the privileged position occupied by virtual entities and actors such as those involved in the derivatives markets, always already exiled back into the physical, visible realm? The line of conflict appears to be drawn between invisibility/absence/deferral and visibility/presence/realization. The demonstrators occupy an excess property of those subjects, namely, the banks and financial elite, who did receive recognition and protection under the law. By domesticating this excess property, rendering its invisibility visible within the political economy, the protesters raise a new form of threat to the hegemonic order. To occupy, then, involves a rejection of the order under which the “99%” have been subjected to erasure. The occupation seeks creatively to establish a new means of communication and law for its subjects. In the face of an existing power structure that is increasingly disenfranchising the majority of people while consolidating nodes of power and influence, the “occupation”, or the work of the Occupy movement, involves seizing a space that refuses the rules of the existing, allegedly corrupt sovereign state. This refusal of governance extends even to include a steadfast refusal to articulate a strategy, to formulate a list of demands, to converse with the sovereign power on the grounds of its own conventions, to put forth a leader, to resolve the ambiguity of the movement into a discreet identity, face, or voice. Do these tactics provide a resolution to the problem that was its genesis? Not in such a direct and easily resolved manner, but it remains difficult to imagine a direct and simple resolution to the problematic of the breach of the social contract. The ambiguity of the situation has generated significant interest within the broader populace, though many people sympathetic to the cause appear to be frustrated because the movement has not simply put forward a short list of concrete demands, or even a set of leaders and spokespeople, much less a resolution. And yet, this lack of coherence appears as a resolution of a problem generic to protest movements in the past, where individual leaders can be removed or discredited, and lists of demands can be co-opted by others holding more political power. Meanwhile, the ambiguity has compelled imitations on a global scale, with the Occupy Wall Street participants consciously taking actions that can be replicated by anyone anywhere without significant cost. These actions have taken place not in a peripheral location such as a parking lot in New Jersey, but instead close to the centers of power and governance, adjacent to Wall Street, close to the White House, on college campuses, etc. This spontaneous archipelago of protests becomes an irritant, a negation of the accepted order of protests, but when the protesters themselves move outside of their encampments, they are escorted by the police, constantly monitored and maintained so that a permanent state of paranoid persecution takes hold. To occupy, occupying, occupation – these actions involve a variable degree of danger – are you willing to step into a different space, where the rule of law is unclear and evolving? Are you presenting yourself as a representative of the majority, the 99%? Who has a sense of belonging to the 99%? This previously invisible population becomes a focal point of political power, garners increasing public support, infects the public dialogue. The government recognizes this population by forcing it from the occupied space, removing the element of possession of property. It is at this point of conflict, in the struggle to hold the physical property, where the greatest friction and violence occurs. Scaling the rule of law While occupied, the property calls for a redress of grievances, a restoration of the rule of law. The Occupy movement does not select and put forward individuals or leaders, it puts forward places – the occupied property represents the point of conflict, not the individual. And it is this very property that the government then tries to reclaim. The movement remains faceless, anonymous, uncounted, or rather counted only as a mass, the self-labeled mass of 99%. These spaces are like refugee camps or favelas, but constructed to unite the political life and private life of the protesters. This objective is presented as a tactical necessity, as all other means of protest and communication have failed, leaving only the option of seizing, holding, occupying a property. But to what end, exactly? Can anyone deliberately return to the prior social contract, embrace, affirm, and govern in strict accordance with the earlier relationship to property, following the logic of Locke’s arguments? In this respect, the contemporary crisis indicates a new, transitional phase in the way that property operates, or rather, in the balance between real and virtual value. The roots of the crisis lay in the massive overvaluation of property caused by lax lending practices, as more people were encouraged to borrow more money, which drove up the prices of property. At the same time, these individual properties, these mortgages for homes actual families lived in and worked to support, were bundled into securities that could be bought, sold, and speculated on. The reduction of a physical house or piece of real estate to an almost incalculably small element in an investment vehicle appears as a scaling of the hedge that radically diminishes the value of any individually owned property. Moreover, a number of recently-innovated financial products allow investors to hedge in new ways, to deliberately spread risk around a portfolio in hopes of bringing returns even when the individual mortgage defaults. At the level of the ‘free’ market, these virtual negative valuations are designed to balance the physical positive valuation, though many of the biggest lenders are now being investigated for controlling both sides of this valuation, the positive and the negative, to facilitate both the creation and failure of the investments and to profit from both. The ability to benefit from both the negative and positive value of an investment is a result of a technologically enabled capacity to operate within a complex field. These layered and scaled investment vehicles and the simultaneous negation of their value together represent a commingling of the virtual and physical existence that is both complex and multiple. The valuation of a virtual property has tremendous power to change the valuation of the physical - either injecting it with or depriving it of funds, pumping in or draining life and energy. This situation has roots of its own – the notion of property advanced e.g., throughout the enclosure movement in Britain was, from the outset, an imposition of virtuality (i.e., the concept of law, the institutions associated with ownership, etc.) on the physical reality of land. 1 The difference today is that technological trading platforms combined with innovations within the financial services industry have enabled the reduction of each individual property receiving or losing value in scale to an almost atomic level. In turn, the number of properties held simultaneously and valued as a massive, multiple wholes – i.e., the derivatives market in mortgage-backed securities – is a new phenomenon made possible through the application of similar technologies and institutional structures. And those actors who can trade in these layers of complexity can then profit from the new phase of disassociation of the virtual and the physical – unconcerned with and operating at such a virtual distance from the individual residing physically on a particular piece of real estate that they no longer feel the tug of the physical tying them back to the physical, operating literally as in a video game, in a virtually distanced world. What can or should be done about this situation? Answers lie outside the scope of this current essay, but merit consideration in the near future… NOTE 1) Hernando de Soto has emphasized this dimension by empirically demonstrating its non-existence in many countries in The Mystery of Capital. (shrink)

This article aims to effectuate a paradigm shift in the way we view cases involving pure advantage-taking in contract formation. By ‘pure advantage-taking’ it is meant that D in some sense took ‘unfair advantage of’ a special bargaining weakness or vulnerability that D found ‘ready-made’ in P: D neither caused P’s relevant weakness or vulnerability nor otherwise was legally responsible for relieving it.Certain undue influence and unconscionable dealing cases (for example) fit this scenario perfectly, yet senior Commonwealth courts (...) consistently assert (or imply) that the doctrines of undue influence and unconscionable dealing are ordered, ostensibly exclusively, by a common law precept against interpersonal exploitation, and that judges are, when they invoke those doctrines, responding precisely to that particular concern. It is argued here, however, that the exploitation concept serves, or ought to be seen as serving, no necessary justificatory function in relation to state-assisted rescission or suppression of contracts objectively formed at common law. Instead, a principle of (what I shall call) ‘transactional neglect’ should be seen to eclipse and subsume the exploitation concept as the prevailing justification for interference with apparent contracts in pure ‘unfair advantage’ situations. The advocated shift is thus away from ‘exploitation’ towards ‘transactional neglect’—D’s corrective liability for failure to take reasonable precautions against the risk of foreseeable transactional harm to P, when P and D were, knowingly to D at the time, bargaining under conditions that make ‘exploitation’ possible. (shrink)

This paper argues that Weyl's view that scientific objectivity requires that concepts be freely created, i.e., introduced via Hilbert-style axiomatizations, led him to abandon the phenomenological view of objectivity.

I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and (...) specific performance. According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

There is a well-known moral quandary concerning how to account for the rightness or wrongness of acts that clearly contribute to some morally significant outcome – but which each seem too small, individually, to make any meaningful difference. One consequentialist-friendly response to this problem is to deny that there could ever be a case of this type. This paper pursues this general strategy, but in an unusual way. Existing arguments for the consequentialist-friendly position are sorites-style arguments. Such arguments imagine varying (...) a subject’s predicament bit by bit until it is clear that a relevant difference has been achieved. The arguments offered in this paper are structurally different, and do not rely on any sorites series. For this reason, they are not vulnerable to objections that have been leveled against the sorites-style arguments. (shrink)

Plantinga’s The Nature of Necessity (1974) contains a largely neglected argument for the claim that the proposition “God is omnipotent, omniscient, and wholly good” is logically consistent with “the vast amount and variety of evil the universe actually contains” (not to be confused with Plantinga’s famous “Free Will Defense,” which seeks to show that this same proposition is logically consistent with “some evil”). In this paper I explicate this argument, and argue that it assumes that there is more moral (...) good than evil in the cosmos. I consider two arguments in favour of this assumption, proposed by William King and Plantinga respectively, and argue that they are flawed. I then consider a sceptical objection to the assumption due to David Hume, and argue that this objection is at least prima facie plausible. (shrink)

This paper takes up a more so-called ‘austere’ argument for objectivity derived, for the most part, from P. F. Strawson’s Bounds of Sense. It is austere in the sense that its conclusion is reached by transcendental means but without transcendental idealism. Readers familiar with Henry Allison’s Kant’s Transcendental Idealism will know that in his view arguments of this general kind cannot be separated from Kant’s idealism. The motivation for this position and for Allison’s interpretation and defense of transcendental idealism (...) more generally is, I argue, the threat of a particular kind of scepticism. I go on to explore how we might retrospectively understand the more austere argument as one meant to uncover the indispensability of objectivity for the very possibility of thought or experience. Such a status would not guarantee the truth of objectivity, but it would provide a kind of invulnerability against the scepticism Allison is worried about. (shrink)

In this paper I defend an etiological theory of biological functions (according to which the proper function of a trait is the effect for which it was selected by natural selection) against three objections which have been influential. I argue, contrary to Millikan, that it is wrong to base our defense of the theory on a rejection of conceptual analysis, for conceptual analysis does have an important role in philosophy of science. I also argue that biology requires a normative (...) notion of a "proper function", and that a normative notion is not ahistorical. (shrink)

This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once (...) a closer historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it would be unfair and unjust to hold a defendant liable for all outcomes, and as our journey will show, legal systems seek guidance from other legal systems in their efforts to deal with this problem. (shrink)

This article examines the regalist reforming critique and the curial defence of papal temporal dominion in the eighteenth-century Italian peninsula. The discussion examines the little-explored links between the justification for papal supremacy in the Church and the historico-theological defence of its theocratic rule. The refusal of the Curia to grant reform gave rise to a radical reforming movement which produced some astoundingly bitter anti-curial polemics little known outside Italian studies, but of some significance in the history of political thought.

A nation commits mitigated aggression by threatening to kill the citizens of a victim nation if and only if they do not submit to being ruled in a non-egregiously oppressive way. Such aggression primarily threatens a nation’s common way of life . According to David Rodin, a war against mitigated aggression is automatically disproportionate, as the right of lethal self-defense only extends to protecting against being killed or enslaved. Two strategies have been adopted in response to Rodin. The first (...) strategy grants that CWL is insufficiently valuable to lethally defend, however, other considerations can satisfy the proportionality requirement. I argue that this strategy is not persuasive. The second strategy argues for the sufficient value of CWL. This, however, fails to answer the forceful ‘benign dictator’ objection. I respond to this objection by grounding the proportionality of a defensive war in the value of what Phillip Pettit calls ‘anti-power’. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:34 Feminist Studies 47, no. 1. © 2021 by Feminist Studies, Inc. James Bliss Defense, Redemption, Care: Black Feminist and Queer Studies Literary theory continues to be received by some as if it were an alien or antagonistic presence from whose leaden and reductive grasp it is imperative to keep literature protected. It is rare, however, that it is the literary, as such, that is being protected, rather (...) than a certain comfortable accommodation with it—not irreducible strangeness and surprise, but the security of knowing that one’s expectations will be fulfilled and one’s competence as a reader rewarded. The pleasures of accommodation and immediate assimilation are the first that theory asks us to forego—which may do as much to make it seem forbidding and “inhumane” as anything it actually proposes. —Elizabeth W. Bruss1 I. Theory Not for the first time, we find ourselves building new genres. Pursuing new writings. Not for the first time, the theoretical and the literary envelope, eclipse, and rearticulate one another. What’s more, the theoretical has been a mode of artistic practice for so long that every page is a palimpsest, a sedimentation of sedimentations of conceptual frames— swirled, spiraling genealogies. Fluent in invented tongues, in the idioms 1. Elizabeth W. Bruss, Beautiful Theories: The Spectacle of Discourse in Contemporary Criticism (Baltimore, MD: Johns Hopkins University Press, 1982), 483. 35 James Bliss Books Discussed in This Essay Black Feminism Reimagined: After Intersectionality. By Jennifer C. Nash. Durham, NC: Duke University Press, 2019. None Like Us: Blackness, Belonging, Aesthetic Life. By Stephen Best. Durham, NC: Duke University Press, 2018. Sensual Excess: Queer Femininity and Brown Jouissance. By Amber Jamilla Musser. New York: NYU Press, 2018. Queer Times, Black Futures. By Kara Keeling. New York: NYU Press, 2019. of invention, in the fluid looseness of disintegrated discourses, our works turn singular. The monograph as signature. The page promises to freeze the text, the object, the artwork, the lifeworld, the performance, and in that stillness to teach us its movements. New moves, secret passageways, lines of escape and gaps in the walls of institutions that die, dissolve, and ossify around and inside us. And here we are. The permanent apocalypse that racial capitalism has been for most life has reached the quadrangles of the college campus. What are we even doing anymore? In the great and dreadful remaking of higher education, as students face permanent indebtedness as the cost of entry into a world without work, what is the ethical impetus for our researches and the systems within which we publish? What are the ethics of critical cultural studies in a debt mine? By what arithmetic do we benefit the students we teach to “steal from the university ” when the university is so much more adroit at stealing from them (and us)? At the same time that the contours of our professional lives are, apparently, unraveling, we find ourselves in (another) new renaissance in Black studies and Black study. We find ourselves within (another) new moment of textual production around the trio of race/gender/sexuality— that is, around Blackness or around Black feminism. 36 James Bliss Or, Black invention—where the Black female, femme, feminine, and maternal operate as synecdochic figures for a species of poiēsis.2 In the 1980s, Jacques Derrida wryly called California the “state of theory” as a function of its tectonic instability.3 In the 2010s, Blackness became the state of theory as a function of its coincidence of death and life, ending and beginning, absence and excess, apocalypse and invention. Blackness, in this instance, is as material as it is metaphor, a projection of meaning across both the great ephemeral skin and the body as flesh. This piece emerges from a sense of the necessity and the hazards of an intellectual history of a moment during which, to take a suggestive phrase from Jared Sexton, “Blackness is theory itself, anti-blackness the resistance to theory.”4 But already language presents an issue. What is the relationship between Sexton’s “theory” and the “theory” found in the epigraph from Elizabeth Bruss? Or, between Sexton’s “theory” and Lewis R. Gordon’s “theory,” as Sexton borrows from Gordon’s “Theory in... (shrink)

Are some mental activities rational but unconscious? Psychopathological symptoms, it is said, have a sense — they are seen as compromise-formations which express the intentions of agents even though the agents are totally unaware of bringing about such symptoms. Philosophers, who often claim that such a conception is simply contradictory or incoherent, have shed little light on the puzzles and apparent paradoxes that surround the issue. It is argued here that Freud's two models of explanation — the mechanistic and the (...) intentionalistic — each fail to provide a basis for an explanatory account of the phenomenon of unconscious defense. An examination of the problem of dream composition helps explain why Freud's dependence upon rational homunculi is inappropriate and misleading. Finally, an alternative model which depends neither upon Freud's version of mechanism nor upon his lavish anthropormorphism is suggested.Ladies and Gentlemen, — It was discovered one day that the pathological symptoms of certain neurotic patients have a sense. On this discovery the psychoanalytic method of treatment was founded. It happened in the course of the treament that patients, instead of bringing forward their symptoms, brought forward dreams. A suspicion thus arose that the dreams too had a sense. (shrink)

In this article we examine elite formation in relation to money power within the city of London. Our primary aim is to consider the impact of the massive concentration of such power upon the city’s political life, municipal and shared resources and social equity. We argue that objectives of city success have come to be identified and aligned with the presence of wealth elites while wider goals, of access to essential resources for citizens, have withered. A diverse national and (...) global wealth-elite is drawn to a city with an almost unique cultural infrastructure, fiscal regime and ushering butler class of politicians. We consider how London is being made for money and the monied – in physical, political and cultural terms. We conclude that the conceptualization of elites as wealth and social power formations operating within urban spatial arenas is important for capturing the nature of new social divisions and changes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Limit Formations:Violence, Philosophy, RhetoricOmedi Ochieng For Megha Sharma SehdevNow days are dragon-ridden, the nightmareRides upon sleep: a drunken soldieryCan leave the mother, murdered at her door,To crawl in her own blood, and go scot-free;The night can sweat with terror as beforeWe pieced our thoughts into philosophy,And planned to bring the world under a rule,Who are but weasels fighting in a hole.—W. B. Yeats, "Nineteen Hundred and Nineteen"Violence is a (...) limit formation. It is neither reducible to a brute fact nor is it ineffably ethereal. To write about violence, then, is to confront—if only as disavowed remainder—critical limits, no less of the writer than of the writing itself. Fewer subjects have proven as confounding for philosophy and rhetoric, this journal's primary charge. In both its general particulars and its specific manifolds, violence nonpluses philosophical commonplaces, upends rhetorical tropologies.Philosophy imagines itself mediator to reality's arche, the bedrock of being. Ancient Greek philosophy sought to distinguish necessity from contingency, essence from accident, dialectic from rhetoric, logic from fallacy. Those who took up this intellectual tradition came to conceptualize violence as first and foremost a question of "nature"—more specifically, those marked out by nature to rule (propertied male citizens) and those marked [End Page 330] out by nature for subjection (the enslaved, women, nonhuman animals). In the early modern context of European philosophy, still, despite its pretensions, deeply indebted to this Mediterranean legacy, the canonical lexicon of sensemaking centered on legitimacy and its conceptual appurtenances of sovereignty, will, and rights.Strikingly, it is in the opposed registers of analytic and continental philosophy that violence's cataphilosophic figuration appears most salient. Consider, for example, one such famous symposium convened in the analytic journal Philosophy and Public Affairs, as narrated by political philosopher Michael Walzer:In an earlier issue of Philosophy & Public Affairs there appeared a symposium on the rules of war which was actually (or at least more importantly) a symposium on another topic. The actual topic was whether or not a man can ever face, or ever has to face, a moral dilemma, a situation where he must choose between two courses of action both of which it would be wrong for him to undertake. Thomas Nagel worriedly suggested that this could happen and that it did happen whenever someone was forced to choose between upholding an important moral principle and avoiding some looming disaster. R. B. Brandt argued that it could not possibly happen, for there were guidelines we might follow and calculations we might go through which would necessarily yield the conclusion that one or the other course of action was the right one to undertake in the circumstances (or that it did not matter which we undertook). R. M. Hare explained how it was that someone might wrongly suppose that he was faced with a moral dilemma: sometimes, he suggested, the precepts and principles of an ordinary man, the products of his moral education, come into conflict with injunctions developed at a higher level of moral discourse. But this conflict is, or ought to be, resolved at the higher level; there is no real dilemma.(1973, 160–61)Analytic political philosophy's resolute disavowals could not be here better splayed. Morality is construed as all-encompassing. The political is not so much effaced as it is rendered derivative to a foundational drama of will, obligation, choice. Analytic philosophy's oft-preened claim to clear, transparent, terse style proves constitutive of its desire to contain, if it cannot altogether moralize away violence. [End Page 331]Where analytic philosophy conceives of violence as an object, its limits defined by morality's handmaiden, the "well-ordered society" (Rawls 2001, 8), continental philosophy conjures a sublime violence that shatters and transfigures normative violence. Walter Benjamin posits a binary opposition between mythical and divine violence: "If mythical violence is lawmaking, divine violence is law-destroying; if the former sets boundaries, the latter boundlessly destroys them; if mythical violence brings at once guilt and retribution, divine power only expiates, if the former threatens, the latter strikes, if the former is bloody, the latter is lethal without spilling... (shrink)

Object files are mental representations that enable perceptual systems to keep track of objects as numerically the same. How is their reference fixed? A prominent approach, championed by Zenon Pylyshyn and John Campbell, makes room for a non-satisfactional use of properties to fix reference. This maneuver has enabled them to reconcile a singularist view of reference with the intuition that properties must play a role in reference fixing. This paper examines Campbell’s influential defense of this strategy. After criticizing it, (...) a new approach is sketched. The alternative view introduces representational contents to explain perceptual individuation. After arguing that those contents are not satisfactional, it is concluded that there is room for a third view of reference fixing that does not fit into the singularist/descriptivist dichotomy. (shrink)

Gadamer's project in Truth and Method is as much about truth in the human sciences as it is about human subjectivity, for, following Heidegger, he claims that truth is reducible to method (technical rationality) only if one is misled by old Enlightenment subject/object dualisms. Posing the question of the possibility and nature of truth in scientific thinking, where a strict division between subjective and objective has fallen away, Gadamer belongs, as one of its inaugural figures, to an alternative tradition (...) of philosophical complexity, which implicates environmental systems (culture, ideology, institutions), embedded in language, in the constitution of human subjectivity.With these theoretical shifts in mind, what caught my attention in a press report concerning the trial of (subsequently convicted) serial killer, Stewart Wilken (“Boetie Boer”), was the strangely anachronistic question that dominated the front page of a Port Elizabeth newspaper: “Boetie: Is he Sick or Evil?” This question, in my view, harks back to a questionable framework of Enlightenment autonomy, which depends upon the easy technical rationality of clear-cut dichotomies. In what follows I hope to show that in acknowledging the role of complex interrelations between cultural and other systems, a tradition of philosophical complexity justifiably claims a more adequate framework for understanding self- formation than that underpinning the discourses at work in Wilken's trial. I shall draw on Gadamer's hermeneutic model of an “embedded”subject, which is based on his speculative model of “play” out lined in Truth and Method, and supplement this with Lacan's psychoanalytic account of subject formation. S. Afr. J. Philos. Vol.21(4) 2002: 258-273. (shrink)

We argue that Chow's defense of hypothesis-testing procedures attempts to restore an aura of objectivity to the core procedures, allowing these to take on the role of judgment that should be reserved for the researcher. We provide a brief overview of what we call the historical case against hypothesis testing and argue that the latter has led to a constrained and simplified conception of what passes for theory in psychology.

Ernst Cassirer’s book Substanzbegriff und Funktionsbegriff is a difficult book for contemporary readers to understand. Its topic, the theory of concept formation, engages with debates and authors that are largely unknown today. And its “historical” style violates the philosophical standards of clarity first propounded by early analytic philosophers. Cassirer, for instance, never says explicitly what he means by “substance-concept” and “function-concept.” In this article, I answer three questions: Why did Cassirer choose to focus on the topic of concept (...) class='Hi'>formation? What did Cassirer mean in contrasting “substance-concepts” and “function-concepts”? How does Cassirer’s polemic against traditional theories of concept formation lead to the distinctive philosophy of mathematics that he defends in the book? I argue that Cassirer’s contrast between substance-concepts and function-concepts includes a series of interrelated contrasts—contrasts that touch on issues in logic, metaphysics, epistemology, and the theory of objectivity. Cassirer’s defense of mathematical structuralism flows out of a progressively unfolding and intricate argument that begins with epistemological problems in the theory of concept formation. (shrink)

: Decisions about funding health services are crucial to controlling costs in health care insurance plans, yet they encounter serious challenges from intellectual property protection—e.g., patents—of health care services. Using Myriad Genetics' commercial genetic susceptibility test for hereditary breast cancer (BRCA testing) in the context of the Canadian health insurance system as a case study, this paper applies concepts from social contract theory to help develop more just and rational approaches to health care decision making. Specifically, Daniels's and (...) Sabin's "accountability for reasonableness" is compared to broader notions of public consultation, demonstrating that expert assessments in specific decisions must be transparent and accountable and supplemented by public consultation. (shrink)

Conciliationism faces a challenge that has not been satisfactorily addressed. There are clear cases of epistemically significant merely possible disagreement, but there are also clear cases where merely possible disagreement is epistemically irrelevant. Conciliationists have not yet accounted for this asymmetry. In this paper, we propose that the asymmetry can be explained by positing a selection constraint on all cases of peer disagreement—whether actual or merely possible. If a peer’s opinion was not selected in accordance with the proposed constraint, then (...) it lacks epistemic significance. This allows us to distinguish the epistemically significant cases of merely possible disagreement from the insignificant ones. (shrink)

In defense of de re necessity, Saul Kripke proposes that a material object could not have originated in a substance different in kind from the substance in which it actually originated. I give a counterexample to this proposal.

This essay introduces the concept of deictic abstraction , taking as a point of departure Husserl’s prototypical but insufficient description of the act of ideation in which a shade of color comes to givenness as an ideal object, i.e., a non-individual or abstract object, on the basis of a perceived individual object. This concept comprises not only color-ideation and ideations of universalities of the sensuous sphere , but all acts founded in perceptions in which ideal objects are directly referred to (...) by means of demonstrative expressions . This allows various types of deictic ideations or abstractions, corresponding to the degree of universality and the kind of ideal object concerned, to be brought to light through the analysis of particular cases of everyday acts of deictic abstraction, including deictic abstractions of predicative universals of the lowest level of universality ; deictic abstractions of non-predicative universals, especially of universal ways of doing something ; and deictic abstractions of individual styles of doing something . Deictic abstractions not only turn out to be constitutive for the formation of perceptual concepts of the lower and lowest levels, but also prove to be foundational for all kinds of learning in which schemata of actions are acquired from a model. (shrink)

Although the condition known as synaesthesia is currently undergoing a scientific resurgence, to date the literature has largely focused on the heterogeneous nature of synaesthesia across individuals. In order to provide a better understanding of synaesthesia, however, general characteristics need to be investigated. Synaesthetic experiences are often described as occurring ‘internally’ or in the ‘mind’s eye’, which is remarkably similar to how we would describe our experience of visual mental imagery. We assessed the role of visual imagery in synaesthesia by (...) sampling a large group of synaesthetes and found that they report experiencing more vivid mental images than controls. These findings have important implications for our general understanding of synaesthesia and, in particular, emphasize the need to control for visual imagery in behavioural and neuroimaging paradigms. (shrink)

This article discusses the origins, spiritual aspects, and development of Mahaputra Pencak Silat in Cintaraja village, Singaparna subdistrict. The main focus includes analysis of martial arts training which teaches how learners control their desires and impulses, as well as emphasizing the importance of self-defense in the life of a soldier. The research method was evaluated based on a historical and sociological approach where the discussion of the object was based on society and related to existing facts in Cintaraja village (...) which were collected through observation, appropriate questionnaires and existing documentation. The results of the training process for the "Bender" style begin with prayers to the Creator, the ancestors, and martial arts teachers from the eight cardinal directions. This series of prayers symbolizes spiritual practice in starting training and is also an effort to defend oneself (manage one's readiness) so that one can master the techniques being learned. The ritual behavior process applied to students is adapted from daily behavior according to the era or period. The impact felt by the learner gives rise to behavior related to self-defense. (shrink)

A natural view of testimony holds that a source's statements provide one with evidence about what the source believes, which in turn provides one with evidence about what is true. But some theorists have gone further and developed a broadly analogous view of memory. According to this view, which this essay calls the “diary model,” one's memory ordinarily serves as a means for one's present self to gain evidence about one's past judgments, and in turn about the truth. This essay (...) rejects the diary model's analogy between memory and testimony from one's former self, arguing first that memory and a diary differ with respect to their psychological roles, and second that this psychological difference underwrites important downstream epistemic differences. The resulting view stands opposed to prominent discussions of memory and testimony, which either, like the diary model, treat memory by analogy to what we naively wish to say about testimony, or which instead attempt to extend to testimony the epistemically preservative role of memory. (shrink)

This book charts the university's entanglement with eight mega-ecosystems - knowledge, learning, persons, social institutions, culture, the economy, the polity and nature - and offers principles through which universities can imaginatively explore possibilities. This book sets out, in broad terms, what it is to realise the idea of the ecological university. Barnett draws together relevant contemporary scholarship from philosophy, social theory, comparative higher education, ethics, and theology. He advances thinking in each of the ecosystems the book looks at and develops (...) a particular form of the philosophy of higher education, drawing on examples to bring the whole text to life. (shrink)

Dallas Willard makes the claim that spiritual formation “refers to the Spirit-driven process of forming the inner world of the human self in such a way that it becomes like the inner being of Christ himself.”1 Can this claim be substantiated and stand up to close scrutiny, or is Dallas Willard selecting an idea of his own fancy and making this the cornerstone of his understanding of spiritual formation? How can this claim be tested and anchored? In this (...) article we will seek to answer these questions by looking at the Apostle Paul in his function as spiritual director. Although it is patently anachronistic to speak of Paul as spiritual director, can we legitimately understand him in this role? We will propose a generative understanding of spiritual direction and then proceed to examine the Apostle Paul and his aims based on that generative understanding. We will also argue that at the core of Paul's functioning as a spiritual director lies a strong appeal to examine and imitate his life and character and to follow his ways. This appeal by Paul for others to imitate him is anchored in Paul's own imitation of Christ himself. Paul's call to imitation thus provides a window into discovering how Paul understood his role as spiritual director and also provides us the means to discern his goals in spiritual direction. (shrink)

Carey has argued that there is a system of core numerical cognition – the analog magnitude system – in which cardinal numbers are explicitly represented in iconic format. While the existence of this system is beyond doubt, this paper aims to show that its representations cannot have the combination of features attributed to them by Carey. According to the argument from abstractness, the representation of the cardinal number of a collection of individuals as such requires the representation of individuals as (...) such, and this in turn requires non-iconic format, from which it is concluded that the explicit representation of the cardinal number of some individuals requires non-iconic representational format. In support of the first premise, an account is given of what approximate cardinal numbers might be, and in support of the second, a direct argument is articulated and defended. Finally, in response to an objection, a second argument for the central thesis is provided. While the discussion is couched in the terms of Carey’s work, the considerations it adduces are perfectly general, and the conclusion should therefore be taken into consideration by all those aiming to characterize the AM system. (shrink)

If the reliability of a source of testimony is open to question, it seems epistemically illegitimate to verify the source’s reliability by appealing to that source’s own testimony. Is this because it is illegitimate to trust a questionable source’s testimony on any matter whatsoever? Or is there a distinctive problem with appealing to the source’s testimony on the matter of that source’s own reliability? After distinguishing between two kinds of epistemically illegitimate circularity—bootstrapping and self-verification—I argue for a qualified version of (...) the claim that there is nothing especially illegitimate about using a questionable source to evaluate its own reliability. Instead, it is illegitimate to appeal to a questionable source’s testimony on any matter whatsoever, with the matter of the source’s own reliability serving only as a special case. (shrink)

This essay argues on behalf of a hybrid theory for an ethics of self-defense understood as the Forfeiture-Partiality Theory. The theory weds the idea that a malicious attacker forfeits the right to life to the idea that we are permitted to prefer one's life to another's in cases of involuntary harm or threat. The theory is meant to capture our intuitions both about instances in which we can draw a moral asymmetry between attacker and victim and cases in which (...) we cannot. I develop the theory by attending to instances of intentional, villainous harm and instances of involuntary danger—the latter of which are a matter of bad luck. I call some bad luck cases "Interpersonal Lottery Conflicts." These cases refer to potentially lethal conflicts into which parties are thrown as victims of circumstance. Although neither party has a moral advantage over another, that fact does not preclude permissible self-defense. (shrink)

On one view about the word 'might', to say, sincerely and literally, that it might be that S is to say something about one's epistemic state (and perhaps also about the epistemic states of those around one). For convenience, I will call this the natural view about 'might' On one version of the natural view, to say that it might be that S is to say that what one is certain of is consistent with the proposition that S. Seth Yalcin (...) (2007) has argued that all versions of the natural view are wrong. My aim in this article is to show how at least one version of the natural view escapes Yalcin's argument. (shrink)

In epistemology, “contextualism” denotes a wide variety of more-or-less closely related positions according to which the issues of knowledge or justification are somehow relative to context. I will proceed by first explicating the position I call contextualism, and distinguishing that position from some closely related positions in epistemology, some of which sometimes also go by the name of “contextualism”. I’ll then present and answer what seems to many the most pressing of the objections to contextualism as I construe it, and (...) also indicate some of the main positive motivations for accepting the view. Among the epistemologists I’ve spoken with who have an opinion on the matter, I think it’s fair to say a majority reject contextualism. However, the resistance has to this point been largely underground, with little by way of sustained arguments against contextualism appearing in the journals,[i] though I have begun to see various papers in manuscript form which are critical of contextualism. Here, I’ll respond the criticism of contextualism that, in my travels, I have found to be the most pervasive in producing suspicion about the view. (shrink)

In Wuthering Heights a man and a woman fall in love and their passion for each other wreaks havoc on several lives, theirs included. Long after his beloved is dead, Heathcliff’s life revolves entirely around his love for her. Frustrated by events, his grand romantic passion expresses itself in destructive spasms of antisocial behavior. Catherine, the object of this passion, marries another man on a whim, but describes her feelings for him as like superficial foliage, whereas ‘her love for Heathcliff (...) resembles eternal rocks beneath.’ ‘I am Heathcliff,’ she declares, shortly before dying at the age of nineteen. (shrink)

In 1986, President Reagan created the Packard Commission, a blue-ribbon commission to investigate defense contracting procurement fraud. The Packard Commission''s major recommendation was for defense contractors to adopt ethics programs. Out of this recommendation emerged the Defense Industry Initiative (DII). This paper examines this Initiative and focuses on the DII''s six principles. In particular, this paper explores the implications the DII has had with respect to (1) pursuing intra-industry cooperation and setting industry-wide standards; (2) monitoring compliance; (3) (...) the paradox inherent to the DII as a facilitator for industry self-regulation; and, (4) why companies have enthusiastically adopted the directive. This paper concludes that the DII falls short of being an effective method of self-regulation because: (1) it does not achieve complete industry-wide cooperation; (2) it does not establish uniform standards of ethical conduct within the industry; (3) it does not hold the signatory companies accountable for creating a strong system of ethical conduct; and, (4) it does not relieve the organizational and market pressures to be unethical. (shrink)

Fact-finding hearings may be held to determine disputed allegations of domestic violence in child contact cases in England and Wales, and can play a vital role for mothers seeking protection and autonomy from violent fathers. Drawing on the author’s empirical study, this article examines the implications for the holding of fact-finding hearings of judges’ and professionals’ understandings of domestic violence and the extent to which they perceive it to be relevant to contact. While more judges and professionals are developing their (...) understanding of domestic violence, the ambit of when and how it is considered relevant to contact has grown increasingly narrow, which suggests that many disputed allegations of domestic violence are disregarded and women and children continue to be put at risk from violent fathers. This bifurcated approach is likely to have significant implications for recent developments in this area of family law which are considered in this article. (shrink)

Higher-order evidence is, roughly, evidence of evidence. The idea is that evidence comes in levels. At the first, or lowest, evidential level is evidence of the familiar type—evidence concerning some proposition that is not itself about evidence. At a higher evidential level the evidence concerns some proposition about the evidence at a lower level. Only in relatively recent years has this less familiar type of evidence been explicitly identified as a subject of epistemological focus, and the work on it remains (...) relegated to a small circle of authors and a short stack of published articles—far disproportionate to the attention it deserves. It deserves to occupy center stage for several reasons. First, higher-order evidence frequently arises in a strikingly diverse range of epistemic contexts, including testimony, disagreement, empirical observation, introspection, and memory, among others. Second, in many of the contexts in which it arises, such evidence plays a crucial epistemic role. Third, the precise role it plays is complex, gives rise to a number of interesting epistemological puzzles, and for these reasons remains controversial and is not yet fully understood. As such, higher-order evidence merits systematic investigation. This thesis undertakes such an investigation. It aims to produce a thorough account of higher-order evidence—what it is, how it works, and its epistemic consequences. Chapter 1 serves as a general introduction to the topic and an overview of the existing literature, but primarily aims to further elucidate the concept of higher-order evidence and build a theoretical framework for later chapters. Chapter 2 develops an account of what I call “higher-order support”: the bearing higher-order evidence has, not on corresponding “lower-order evidence” (roughly, the evidence the higher-order evidence is about), but on corresponding “object-level propositions” (roughly, the propositions the higher-order evidence alleges the lower-order evidence to be about). Chapter 3 develops an account of “levels interaction”: the effect on overall support when the different evidential levels combine. Chapter 4 identifies important consequences of the theoretical results of the previous two chapters and applies the theory to four select cases of current epistemological controversy—testimony, memory, the closure of inquiry, and disagreement. (shrink)

Karl Marx has been portrayed in equal measure both as a political prophet who foresaw the end of capitalist exploitation, and as a populist Anti- Christ whose totalitarian legacy has cost millions of lives worldwide. This new biography looks beyond these caricatures in order to understand more about the real Karl Marx; about his everyday life and personal circumstances as well as his political ideology. The book tells the life story of a man of ideas, showing how his political and (...) economic thought developed alongside his life and practical work. Vincent Barnett seeks to paint Karl Marx not as a static, unwavering character, but as a man whose beliefs developed dynamically over time. The book explores his personal background, and problems of personal income and family health. It also examines the influence of Hegel's methods on Marx's work, and his relationship with Engels. This lively, up to date guide to the life of Karl Marx provides an excellent starting point for students in history, politics and philosophy, and for all those with an interest in Marxism and political ideas. (shrink)