In “Democracy and Deliberation: Two Models of Public Justification”, Mariano Garreta Leclercq presents an interesting argument in favor of what he calls “the common ground” conception of justification, as against the “standard” conception of justification. In this note I present an objection to that argument. More precisely, I point out a tension between two statements of that argument: 1) There is no right to decide for others; and 2) the margin of error in (...) moral issues is very considerable. I say that, if we are committed to the statement that the margin of error is very considerable in moral issues, so we cannot be convinced that there is no right to decide for others, because it is a moral principle in itself. (shrink)

The paper explores a structural account of propositional justification in terms of the notion of being in a position to know and negation. Combined with a non-normal logic for being in a position to know, the account allows for the derivation of plausible principles of justification. The account is neutral on whether justification is grounded in internally individuated mental states, and likewise on whether it is grounded in facts that are already accessible by introspection or reflection alone. (...) To this extent, it is compatible both with internalism and with externalism about justification. Even so, the account allows for the proof of principles that are commonly conceived to depend on an internalist conception of justification. The account likewise coheres both with epistemic contextualism and with its rejection, and is compatible both with the knowledge-first approach and with its rejection. Despite its neutrality on these issues, the account makes propositional justification luminous and so is controversial. However, it proves quite resilient in the light of recent anti-luminosity arguments. (shrink)

This paper aims to shed light upon an understanding of the concept of truth in Gorgias, a 5th century BC sophist or rhetorician. Traditionally it has been suggested that Gorgias weighs on a type of logical validity on the grounds of endoxa in order to achieve persuasion in his speeches. It is doubtless that Gorgias, for instance in Encomium of Helen, emphasising the role of truth in a speech, indeed admits that an active agent must be blamed if the agent (...) really yields an blamable event, and constructs his argument on the basis of such a common endoxa. However, for the success of persuasion by truth, Gorgias do not only rely on an endoxa for the logical validity, but also on appeal to the nature of things or events. Gorgias in the speech articulates that a naturally stronger thing must rule and a naturally weaker thing must be ruled, and also emphasises that the lineage of Helen and her physical beauty by nature surpass those of ordinary people. These points in his argumentation are the validating factors to rescue Helen from the traditional blame and to praise her as well; yet, they are not what can be proven by logical validity but justified only by their nature. In this respect, concerning the concept of truth for the success of persuasion does Gorgias utilise not only logical validity but also justification by correspondence to the nature of things. (shrink)

Patient-centered care is now recognized as a clinical method and ideal model for patient – health professional relationships, and many definitions have influenced its evolution. Overall the patient-centered care literature has provided relatively little to define patient-centered care at the level of the patient-professional relationship. Additionally, patient-centered care lacks grounding in ethical theory. This thesis asserts that theoretical concepts from the ethics of care can provide a stronger conceptual basis for patient-centered care.This thesis begins with a critical interpretive review of (...) the patient-centered care literature, yielding 12 articles that previously introduced new theoretical and definitional work on patient-centered care and patient-centered communication. Six common themes and ideas were discovered, and include Engaging the Patient as a Whole Person, Recognizing and Responding to Emotions, Fostering a Therapeutic Alliance, Promoting an Exchange of Information, Sharing Decision Making, and Enabling Self-Management and Patient Navigation. These elements were then compared to key elements of the ethics of care. This thesis argues that feminists have good reason to consider care as a type of moral duty, and it describes how this duty functions. This thesis also argues that a duty to care is triggered when caregivers are presented with particular substantive forms of vulnerability. Specifically, this thesis argues that vulnerable subjects whose constitutive needs are at risk require particular moral obligations. The links between the ethics of care and patient-centered care are discussed, including how an ethics of care response ought to function in the health care context. Finally, the cases of J.J. and Makayla Sault, two aboriginal girls who refused chemotherapy in favour of traditional aboriginal healing practices, are analyzed. This thesis offers a short scoping review of the bioethics discourse surrounding these cases. A review of this discourse revealed several common themes, which included the peripheral importance of culture and history, the equating of best interests with survival, the supremacy of science-based medicine, and the impartial application of ethical principles. This thesis recommends that health care professionals apply an ethics of care approach to similar ethical dilemmas in the future, which involves shifting one's ethical focus to the central relationships of the case, understanding the unique perspective of the patient's narrative, and promoting a care-based rather than a justice-based approach to problem-solving. (shrink)

This paper argues that in Christian Wolff’s theory of knowledge, logical regimentation does not take the place of experiential justification, but serves to facilitate the application of empirical information and clearly exhibit its warrant. My argument targets rationalistic interpretations such as R. Lanier Anderson’s. It is common ground in this dispute that making concepts “distinct” issues in the premises on which all deductive justification rests. Against the view that concepts are made distinct only by analysis, which (...) is carried out by the understanding independently of experience, I contend that for Wolff some distinct concepts are arrived at through experience. I emphasize that Wolff countenances empirical methods of obtaining distinct concepts even in mathematics. This striking feature of his view indicates how its empiricist elements can be reconciled with his injunction to follow “mathematical” method. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system (...) and the validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

An essay on Kant's theory of justification, where by “justification” is meant the evaluative concept that specifies conditions under which a propositional attitude is rationally acceptable with a moderate-to-high degree of confidence. Kant employs both epistemic and non-epistemic concepts of justification: an epistemic concept of justification sets out conditions under which a propositional attitude is rationally acceptable with a moderate-to-high degree of confidence and a candidate (if true and Gettier-immune) for knowledge. A non-epistemic concept of (...) class='Hi'>justification, by contrast, sets out conditions under which attitudes are rationally acceptable with a moderate-to-high degree of confidence but not candidates for knowledge (even if true). The latter conditions will typically be “pragmatic” or “practical,” and thus license acceptance from a “practical” point of view. For Kant, only broadly-speaking practical reasons can provide adequate motivation for adopting a positive attitude towards a proposition (rather than suspending judgment) in the absence of sufficient epistemic grounds. -/- . (shrink)

Starting from the trans-Atlantic divide on the issue of justification of force which became obvious after 9/11, it is argued that the differences between the Anglo-American and Continental-European standard arguments can be overcome by a moderate institutionalist cosmopolitanism. It combines a moderate institutionalist approach with a comprehensive concept of human rights and a moderate cosmopolitan stand on the issue of international distributive justice. If all three aspects are taken into account adequately in an ethical theory of international relations, both (...) the Anglo-American traditions of just war theory and a radical Kantian legalism must be revised and common ground could be revealed. (shrink)

The construction of a systematic philosophical foundation for logic is a notoriously difficult problem. In Part One I suggest that the problem is in large part methodological, having to do with the common philosophical conception of “providing a foundation”. I offer an alternative to the common methodology which combines a strong foundational requirement with the use of non-traditional, holistic tools to achieve this result. In Part Two I delineate an outline of a foundation for logic, employing the (...) new methodology. The outline is based on an investigation of why logic requires a veridical justification, i.e., a justification which involves the world and not just the mind, and what features or aspect of the world logic is grounded in. Logic, the investigation suggests, is grounded in the formal aspect of reality, and the outline proposes an account of this aspect, the way it both constrains and enables logic, logic's role in our overall system of knowledge, the relation between logic and mathematics, the normativity of logic, the characteristic traits of logic, and error and revision in logic. (shrink)

The foundation (waqf), which is a charity institution that was able to find an application area since the emergence of Islam, has developed over time in Islamic societies and has become a common institution. In the Ottoman Empire, these institutions had incorporated different services into its structure. This expansion has also led to the establishment of many different types and purposes of foundations such as charities; family, animal care, hospice, foodbank and educational institutions and mosques. Types of foundations in (...) which the incomes of the foundation were shared in different ways were also developed in this period. Family foundations are one of the types of foundations established for the purpose to share of income. Family foundations, which are characterized by many different names such as “zürri” (familial), “ehli” (domestic) and “evlatlık” (filial), have been criticized legally for various reasons in the last period of the Ottoman Empire and the Republic period, and their legitimacy has been questioned. This questioning of legitimacy, which started especially with orientalist studies, was also written among Turkish historians and lawyers, and attempts were made to base the claims that family foundations are illegitimate. In time, these criticisms came out of the family foundations and became legally questioning the entire Islamic foundation system. Investigating the justification of these criticisms, which have been popular since the end of the 19th century, is of particular importance for the development of today's foundation system. Because as a result of these criticisms, the foundations, which are one of the most effective institutions that provide social cohesion and that Islam has created and developed, have lost their importance over time and there has been a noticeable decrease in established foundations. Previously established foundations were somehow transferred to individual ownership on legal grounds. Based on these reasons, the study aims to determine the truth of these claims and to offer a critical approach to the debates on the legitimacy of family foundations in Islamic law, thus revealing the legal basis of the foundation system in Islam. In terms of nature, family foundations are a type of foundation for the purpose of the foundation. Although its name is described as family, it indicates a foundation that is broader than the concept of family. In this sense, it refers to foundations established first for private individuals and then for one of the general charity classes. Specially designated persons do not have to be among family members. It is referred to by this name as these foundations are mostly established for family members. When the evidence regarding the legitimacy of these foundations is examined, examples from the practices of the Prophet himself can be seen, as well as general verses from the Qur'an that will be included in the scope of these foundations. On the other hand, there are examples of family waqfs in foundations established by almost all of the Companions. The legitimacy of family foundations is challenged within the framework of four main reasons such as violation of the provisions of legacy, avoiding to be confiscated, preventing the fragmentation of property by the heirs and causing the feudal system and it is claimed to be illegitimate. However, the fact that these foundations have existed in Islamic societies since the golden age, including the Ottoman Empire raises a question about the authenticity of the criticisms. When examining the details of the criticisms, it can be easily seen that there is no question of legitimacy in the real sense, only a misinterpretation arising from misunderstanding. As a result, it will be seen that it is not possible to say that the practices of Muslims throughout history are illegitimate. Family waqfs have taken place in history as an institution that does not contradict the general provisions of Islam, on the contrary, by increasing Islamic foundation culture and social solidarity. It is extremely important for these foundations to find a field of application in social and economic terms now. (shrink)

It is a common intuition that at least in some cases disagreement has skeptical consequences: the participants are not justified in persisting in their beliefs. I will argue that the currently popular non-dialectical and individualistic accounts of justification, such as evidentialism and reliabilism, cannot explain this intuition and defend the dialectical conception of justification that can explain it. I will also argue that this sort of justification is a necessary condition of knowledge by relying on (...) Craig's genealogy of the concept of knowledge. I will then respond to the accusation that the dialectical conception leads to radical skepticism. My response is partly concessive. It does lead to skepticism in areas where controversy prevails, such as philosophy, politics and religion, but this sort of skepticism is quite intuitive. Finally, I deal with the objection that my defense of skepticism about philosophy is self-refuting. (shrink)

BackgroundCurrent guidelines do not clearly outline when assent should be attained from paediatric research participants, nor do they detail the necessary elements of the assent process. This stems from the fact that the fundamental justification behind the concept of assent is misunderstood. In this paper, we critically assess three widespread ethical arguments used for assent: children’s rights, the best interests of the child, and respect for a child’s developing autonomy. We then outline a newly-developed two-fold justification for the (...) assent process: respect for the parent’s pedagogical role in teaching their child to become an autonomous being and respect for the child’s moral worth.DiscussionWe argue that the ethical grounding for the involvement of young children in medical decision-making does not stem from children’s rights, the principle of best interests, or respect for developing autonomy. An alternative strategy is to examine the original motivation to engage with the child. In paediatric settings there are two obligations on the researcher: an obligation to the parents who are responsible for determining when and under what circumstances the child develops his capacity for autonomy and reasoning, and an obligation to the child himself. There is an important distinction between respecting a decision and encouraging a decision. This paper illustrates that the process of assent is an important way in which respect for the child as an individual can be demonstrated, however, the value lies not in the child’s response but the fact that his views were solicited in the first place.SummaryThis paper demonstrates that the common justifications for the process of assent are incomplete. Assent should be understood as playing a pedagogical role for the child, helping to teach him how specific decisions are made and therefore helping him to become a better decision-maker. How the researcher engages with the child supports his obligation to the child’s parents, yet why the researcher engages with the child stems from the child’s moral worth. Treating a child as having moral worth need not mean doing what they say but it may mean listening, considering, engaging or involving them in the decision. (shrink)

Justification, or at least ‘justification’, bulks large in recent epistemology. The view that knowledge consists of true-justified-belief has been prominent in this century, and the justification of belief has attracted considerable attention in its own right. But it is usually not at all clear just what an epistemologist means by ‘justified’, just what concept the term is used to express. An enormous amount of energy has gone into the attempt to specify conditions under which beliefs of one (...) or another sort are justified; but relatively little has been done to explain what it is for a belief to be justified, what that is for which conditions are being sought. The most common procedure has been to proceed on the basis of a number of obvious cases of justified belief, without pausing to determine what property it is of which these cases are instances. Now even if there were some single determinate concept that all these theoriests have implicitly in mind, this procedure would be less than wholly satisfactory. For in the absence of an explicit account of the concept being applied, we lack the most fundamental basis for deciding between supposed intuitions and for evaluating proposed conditions of justification. And in any event, as philosophers we do not seek merely to speak the truth, but also to gain an explicit, reflective understanding of the matters with which we deal. We want to know not only when our beliefs are justified, but also what it is to enjoy that status. True, not every fundamental concept can be explicated, but we shall find that much can be done with this one. (shrink)

In contemporary Western biomedical ethics, informed consent practices are commonly justified in terms of the intrinsic value of patient autonomy. James Stacey Taylor maintains that this conception of the moral grounding of medical informed consent is mistaken. On the basis of his reasoning to that effect, Taylor argues that medical informed consent is justified by the instrumental value of personal autonomy. In this article, I examine whether Taylor's justification of medical informed consent is plausible.

The aim of this paper is to offer an account of the grounding of deep friendships within the context of virtue ethics. While drawing on Aristotle’s justification of so-called character friendships, it goes some distance in reconciling Aristotle’s highly moralistic view with a prevalent counterview according to which we are drawn toward close friends for reasons that are essentially aesthetic, amoral, and irrational. It is argued that there are resources within Aristotelian virtue ethics that enable us to overcome some (...) of the difficulties of his exclusively moralistic view and bring it into better harmony with common-sense conceptions; yet preserving the claim that vicious people cannot form truly deep friendships. The paper aims at an ‘individuality-adjusted moralized view’ of the grounding of deep friendships: a conciliatory view that yet remains closer to an amendment of the moralized view than to a middle-ground synthesis. (shrink)

In this paper, I examine connections between the speech acts of assertion, denial, polar questions and justification requests, and the common ground. When we pay attention to the structure of norms governing polar questions, we can clarify the distinction between strong and weak denial, together with the parallel distinction between strong and weak assertion, and the distinct way that these speech acts interact with the common ground. In addition, once we pay attention to the distinct (...) norms concerning justification requests, we can give a distinctive answer to Carroll’s puzzle concerning the force of the logical _must_ and the sense in which certain rules for logical concepts can indeed count as definitions. (shrink)

John Dewey adopted a child-centered point of view to illuminate aspects of education he believed teacher-centered educators were neglecting, but he did so self-consciously and self-critically, because he also believed that ‘a new order of conceptions leading to new modes of practice’ was needed. Dewey introduced his new conceptions in The Child and the Curriculum and later and more fully in Democracy and Education. Teachers at his Laboratory School in Chicago developed the new modes of practice. In this article, I (...) explore Dewey’s new conception of education and compare it with the apparently opposed views of R. S. Peters and Paulo Freire. In doing so, I show that, despite their criticisms of Dewey, whether explicit or implicit, these influential philosophers, representing quite different traditions in philosophy of education were in substantial agreement with him. I also show that, despite our own differences, as important as they are, seeing teachers and learners at work in a rapidly changing society, now on a global scale, in classrooms which are also changing, driven largely by new technologies, the conception of education Dewey, Peters, and Freire developed can provide us with the foundation we need to understand the changing teacher–learner relationship and the purposes their shared activities serve. (shrink)

Background Relatively little information is available regarding the level of acceptance of evolution and knowledge about evolution in different educational settings in Europe. The aim of the present study is to fill this gap and provide a comprehensive overview of the current state of research regarding evolutionary knowledge and acceptance of students and teachers across Europe, based on a systematic literature review. -/- Results We identified 56 papers for the period 2010–2020, presenting results for 29 European countries. Both knowledge and (...) acceptance of evolution were assessed in 17 studies. Out of 13 instruments most commonly used in the literature, five have been used in the European context so far: ACORNS, CINS, I-SEA, KEE and MATE. Thirty-one other instruments were identified of which 16 were used in studies on knowledge and 15 in studies on acceptance. The extent of knowledge was hard to compare even within groups of the same education level due to the application of different instruments and assessment of different key concepts. Our results illustrate the persistence of misconceptions through all education levels. Comparing acceptance among different education levels and countries revealed a high diversity. However, a lack of evolution in curricula tended to be associated with rejection of evolution in some countries. European studies that investigated both acceptance of evolution and knowledge about evolution varied highly concerning the existence and strength of the relationship between these factors. However, some trends are visible, such as an increase of strength of the relationship the higher the education level. -/- Conclusions The present review highlights the lack of a standardized assessment of evolutionary knowledge and acceptance of evolution across Europe and, therefore, of reasonably comparable data. Moreover, the review revealed that only about one-third of all studies on acceptance and/or knowledge about evolution provided evidence for local validity and reliability. We suggest the use of assessment categories for both knowledge and acceptance instruments to allow for interpretation and comparison of sum scores among different sample groups. This, along with prospective comparative research based on similar samples, paves the way for future research aimed at overcoming current biases and inconsistencies in results. (shrink)

In the practice of social criticism, the concept of human dignity has played and still plays an important role. In philosophical debates, however, we find widely divergent accounts of that concept, ranging from views based on a conception of human needs to religious approaches trying to explain the ‘inviolability’ of the person. The view presented here reconstructs the basic claim of human dignity historically and normatively as resting on the moral status of the person as a reason-giving, reason-demanding and (...) reason-deserving being. The person as holding a basic moral right to justification is the true ground for the claim of having one’s dignity respected: as someone who must not be subjected to norms, rules, or institutions which cannot be properly justified to that person in appropriate practices of justification. To possess human dignity means being an equal member in the realm of subjects and authorities of justification and to be respected as such. This is the moral ground of social criticism, implied in particular social and political demands raised in given historical contexts. Thus, critical theory has to be reoriented towards a critique of the relations of justification in a given social order of justification. (shrink)

The lively debate over the constitutional foundations of judicial review has been marred by a formalism which obscures its point and value.ed from genuine issues of substance, the rival positions offer inadequate accounts of the legitimacy of judicial review; constitutional theory must regain its connection with questions of political principle and moral value. Although the critics of ultra vires have rightly emphasized the foundational role of the common law, they have misconceived its nature and implications. On the one hand, (...) they have invited the charge of judicial supremacism by marginalizing the role of legislative intent; on the other, their affirmation of absolute parliamentary sovereignty (within the context of this debate) undermines the critique of ultra vires. In substance, therefore, the rival camps occupy essentially the same ground, equally trapped by a formalism that entrenches a stark confrontation between parliamentary sovereignty and the rule of law. A conception of shared sovereignty, or interdependent sovereignties, provides a better foundation for judicial review. (shrink)

The current paper argues for synchronising spatial frames of reference for achieving effective multiparty communication in collaborative virtual environments. Synchronising nonverbal behaviour from different modalities is an important step for simulating face-to-face-interaction where all nonverbal cues are available. Such synchronisation also serves as an effective basis for building multimodal interfaces especially if these have to be deployed for multiparty communication. It is argued that common spatial reference frames are helpful in coordinating different points of attention and facilitating work by (...) serving as the springboard for joint attention among members of the team. Consequently, it is desirable to aim for such common grounds and not just focus on coordinating disjointed virtual spaces for facilitating decision-making by reducing felt collaborative effort. Implementing the synchronisation of spatial reference frames for modern technologies thus serves dual purposes by achieving common grounds in communication and maintaining autonomy of each member at the same time. Towards this end, the current paper proposes the concept of decentred egocentric frame, the origin of which is one’s own body and the spatial relation between two objects is defined with respect to this origin. This frame seems to be important for separating each member’s focus from his own body (self/activities) and also helps in coordinating one’s focus with those of the others whether interacting verbally or nonverbally. This is an important conceptual development as the proposed classification is hypothesised to function in a similar manner across different sensory modalities. The paper concludes with issues on implementation and other future conceptual developments. (shrink)

This paper proposes a new account of the relationship between Kant’s ethics and Kant’s philosophy of right. I reject the claim of some philosophers that Kant’s Groundwork of the Metaphysics of Morals cannot offer a foundation for Kant’s philosophy of right. While I agree that the basic principles of Kant’s philosophy of right cannot be deduced from Kant’s ethical Categorical Imperatives, I try to show that we find in Kant’s Groundwork the normative resources for grounding his philosophy of right. My (...) thesis is that Kant’s conception of a realm of ends, as he develops it in the Groundwork, provides a common normative source for Kant’s ethical Categorical Imperatives, on the one hand, and the Universal Principle of Right, on the other. Agreement on common universal principles, which is crucial for Kant’s notion of a realm of ends provides, I will argue, a justification of the ethical Categorical Imperatives and the Universal Principle of Right. (shrink)

Philosophy of religion, approached from a comparative perspective, can be a valuable tool for advancing inter-religious dialogue. Unfortunately, “comparative religion” today is usually characterised by two extreme positions: 1) Comparing religions in order to come to the conclusion that one's own religion is superior 2) Arguing for a type of “religious pluralism” that relativises all religious truth claims. -/- The former approach reduces religion to a confrontational form of apologetics, theatrical “debates” and polemics, while the latter reduces religion to a (...) mere acceptance of pragmatically useful perspectivist narratives devoid of absolute reality or truth. -/- Inter-religious dialogue should follow a middle path between these two extremes by engaging with underlying philosophical themes that are common to all religious traditions instead of emphasising the comparison of theological and soteriological arguments that may depend on justifications that are exclusive to a particular religious practice. The philosophical theme explored here is that of dissatisfaction and existential suffering in an imperfect world, a theme found in all “world religions”. Indeed, the diagnosis of this existential predicament and the hope that religious practice may allow one to overcome it appears to be universal, while its causes and the prescribed remedies differ considerably among religious traditions. Nevertheless, inter-religious dialogue beginning from a conviction that all religious practitioners strive for truth and salvation in response to a common existential experience may lead to a more compassionate and productive dialogue between religious communities. This type of inter-religious dialogue avoids accusations of falling into religious syncretism or relativism while encouraging diverse religious communities to address contemporary issues from areas of philosophical common ground. This allows for a more fruitful type of inter-religious dialogue and comparative study of religion that can be pursued while maintaining one's own distinct religious identities and particular religious truths. (shrink)

During the past decade, a new term has entered the medical/legal lexicon : maternal-fetal conflict. Implicit in the terminology is the assumption that a pregnant woman and her fetus have separate and competing rights. This concept has stimulated extensive legal and ethical debate, primarily in the context of medical interventions forced on unwilling pregnant women, and in corporate efforts to bar fertile women from hazardous jobs. On one side of the debate are the proponents of the future child's right to (...) be born of sound mind and body, and society's interest in the delivery of healthy newborns. On the other side, are advocates of a woman's right to reproductive autonomy, bodily integrity, due process, confidential medical treatment, and freedom from gender discrimination. Neither side has challenged the formulation of the problem, or has examined its permeation into public health policy. (shrink)

This paper deals with a foundational aspect of Integrated Information Theory of consciousness: the nature of the relation between the axioms of phenomenology and the postulates of cause-effect power. There has been a lack of clarity in the literature regarding this crucial issue, for which IIT has received much criticism of its axiomatic method and basic tenets. The present contribution elucidates the problem by means of a categorial analysis of the theory’s foundations. Its main results are that: IIT has a (...) set of nine fundamental concepts of reason, called categories, which constitute its categorial lexicon and through which it formulates a system of principles incorporating the axioms, the postulates, and the central identity; and the connection between the axioms and postulates is grounded by their common root in this categorial lexicon, the categories of which find their justification by means of a phenomenological and transcendental deduction. Some further results are the unique origin of axioms and postulates in the categories; the distinction between conceptual and formalized postulates; a clarification of the uniqueness problem of categorial lexica in general; and an IIT account of objectivity by explicating how the physical is defined by means of categories. All of this is put to use against various criticism targeting IIT’s theoretical core. If successful, the proposed interpretation illuminates a central issue in the contemporary study of consciousness and contributes to an environment of mutual understanding between defenders and critics of the theory. (shrink)

Generally speaking, just war theory (JWT) holds that there are two just causes for war: self-defence and ‘other-defence’. The most common type of the latter is popularly known as ‘humanitarian intervention’. There is debate, however, as to whether these can serve as just causes for preventive war. Those who subscribe to JWT tend to be unified in treating so-called preventive war with a high degree of suspicion on the grounds that it fails to satisfy conventional criteria for jus ad (...) bello; – particularly the just cause and last resort criteria. Francisco di Vitoria held that the only just cause for war was ‘a wrong received’, which renders impossible any justification for preventive war. There are assumptions implicit in recent military practice, however – most notably, the US-led invasion of Iraq in 2003 – that challenge this ban on preventive war. Interestingly, both supporters and critics attempt to justify their views through the broader logic of JWT; viz., through a conception of what is good for both political communities and individuals, and through a legitimate defence of these goods. Supporters point to situations where so-called rogue states represent ‘grave and imminent risk’ of committing acts of aggression as grounds that justify preventive war; critics argue that to attack another political community on the basis of crimes not yet committed is a breach of the very rights JWT was created to defend. The advocate of preventive war does not appreciate important aspects concerning the morality of war. In the ongoing tension between Iran and The United States and her allies – if the rhetoric is to be believed – I am asked to tolerate a threat to my security and liberty, and to risk suffering aggression in defence of the rights of the antagonistic, but not yet aggressive, state. The crucial question is how such tolerance and risk fit in with the logic of just war: at what point, if any, does the risk of being attacked become great enough to justify declaring war in anticipation? In this paper I highlight some of the theoretical and practical difficulties in determining what counts as a grave and imminent threat, focusing especially on the complicated case of ‘imminence’ in the face of so-called ‘Weapons of Mass Destruction’. Secondly, I will argue that not only is the notion of preventive war inconsistent with the defence of the rights of political communities that JWT requires; it is also forbidden by the proportionality requirement of jus ad bellum. A risk of being subjected to aggression is the price for global peace. Whilst political communities can do much to prevent aggression and prepare themselves in case it occurs, the conditions for just war require that this prevention and preparation stop short of declaring war. We must live with a certain degree of risk in this area. (shrink)

In a recent paper (Denis, 2004b) I argued that the neoclassical use of the concept of equilibrium was guilty of a hypostatisation: an equilibrium which is only an abstraction and extrapolation, the logical terminus of a component process taken in isolation, is extracted and one-sidedly substituted for the whole. The temporary is made permanent, and process subordinated to stasis, with clearly apologetic results. I concluded by suggesting that this hypostatisation exemplified the contrast between formal and dialectical modes of thought, and (...) that it may be in the application of a dialectical notion of equilibrium that the heterodoxy can make its most telling contribution. This paper develops the line of thought that, while heterodox currents may superficially appear as divided amongst themselves as they are from the orthodoxy, there is truly something profound uniting the apparently disparate heterodox trends: the adoption of a dialectical method. I draw on the work of Sciabarra (1995, 2000), who argues that making process primary, which we might expect of Austrian economists, is the essence of dialectics, which we might (wrongly, in his view) identify with Marxism. If this view is, as I believe, fundamentally correct, perhaps (a) we can only understand the method of neoclassical economics by contrasting it with a dialectical approach, and (b) we can explore the potential for common ground between the various heterodox currents by examining their attitude, both implicit and explicit, to dialectics. (shrink)

The Concept of Milieu in Environmental Ethics discusses how we can come together to address current environmental problems at the planetary level, such as climate change, biodiversity loss, transborder pollution and desertification. -/- The book recognises the embedded individual sociocultural and environmental contexts that impact our everyday choices. It asks, in this pluralism of worldviews, how can we build common ground to tackle environmental issues? What is our individual moral responsibility within the larger collaborative challenge? Through philosophical reasoning, (...) this book pragmatically addresses these questions and builds a framework to support sustainable ways of living. At the core of the book, it draws on the concept of milieu (fūdo) inspired by the Japanese philosopher Watsuji Tetsurō, which captures how we act within and perceive our surroundings as a web of culturally, historically and geographically situated meanings and values. It argues that the milieu connects us as individuals with community, past and future history, and the natural world, providing us with common ground for global environmental ethics. -/- This book will be an engaging and interesting read for scholars, researchers and students in environmental ethics, philosophy and sustainability. (shrink)

How to interpret autonomy plays a crucial role that leads to different readings in Kant’s moral metaphysics, philosophy of religion and moral psychology. In this paper I argue for a two-layered conception of autonomy with varying degrees of justification for each: autonomy as a capacity and autonomy as a paragon-like paradigm. I argue that all healthy rational humans possess the inalienable capacity of autonomy, i. e. share the universal ground for the communicability of objective basic moral principles. (...) This initial understanding stands for autonomy as a capacity about which we can talk of universal validity and justification. Nevertheless, the way a person fully actualizes herself, her freedom, namely autonomy, is shaped by her initial conception of autonomy and moral view of the world. Autonomy as an organic experience of real moral agents, which means an ongoing, non-static, irreducible and inexplicable judgmental process concerning one’s actualization of oneself gives way to consider autonomy as a godlike state of the soul even though one cannot provide objective validity for this. (shrink)

How should we proceed when searching for justified answers to normative questions? A prominent proposal is to use the method of reflective equilibrium (RE). Its basic Idea—that we should start from our existing judgments about relevant cases and bring them into equilibrium with systematic principles—is readily recited, but beyond that, conceptions of RE often stay sketchy. RE is seldom explicitly implemented, which makes it difficult to critically evaluate the method and to assess its potential. In my dissertation, I present the (...) first explicit and detailed case study for an application of RE, using it to develop and defend a precautionary principle. -/- The dissertation is divided in two parts, a theoretical and an applied part. In part I, I introduce and operationalize a specific conception of RE. I first describe the central elements of RE by drawing on the most elaborate and fleshed-out conceptions of RE that can be found in the literature. Then, I survey and analyze previous applications of RE in order to both learn from them and identify desiderata for my own case study. Based on a small-scale, exploratory case study, the method is further concretized and operationalized for the implementation in my main case study on the justification of a precautionary principle. -/- In part II, this operationalization is tested in a complex case study that aims at justifying a precautionary principle which is applicable to problems arising from global climate change. In order to be able to select relevant commitments about central problems concerning precautionary principles (PPs), I start with a literature survey. The survey gives an overview on existing proposals for PPs, on which grounds they are defended, and the main objections against them. On this basis, I develop and describe the initial setup for the case study, which is conducted in three main steps and allows to examine different aspects of a RE-application. Thereby, I show that RE can be applied successfully to real problems. I go on to discuss a number of points that are not given sufficient attention in the RE literature so far. With respect to precautionary principles, I show how the commonly discussed principles fail to do justice to ethical considerations, and argue that the application of such principles should instead be triggered by threats of rights violations. (shrink)

It is more or less common ground that an important aspect of the explanation of normativity relates it to the way Reason (our rational powers), reasons (for beliefs, emotions, actions, etc.) and reasoning, with all its varieties and domains, are inter-connected. The relation of reasoning to reasons is the topic of this this paper. It does not start from a tabula rasa. It presupposes that normativity has to do with the ability to respond rationally to reasons, and with (...) responding to reasons with the use of our rational powers. The question is where does reasoning fit in? I will compare two sketchy accounts of reasoning, judging their success in elucidating the concept and its role in the explanation of normativity. First I outline the view that reasoning is an activity of searching for a justified answer or for a justification of the answer to a question. Some critical reflection on that view leads to what I call the simple account, which takes reasoning to consist (broadly speaking) in responsiveness to perceived reasons. I will illustrate ways in which the simple account is at odds with the concept of reasoning. Its merits depend on the thought that intentions, attempts or actions can be conclusions of reasoning. Those who affirm that possibility often regard reasoning that has such conclusions as practical reasoning. Hence much of the paper will be about practical reasoning. That would lead to a tentative endorsement of reasoning as a search for a justified answer, suggesting a different view of the place of reasoning in explaining normativity. (shrink)

Discursive deference in the governance of science and technology is rebalancing from expert analysis toward participatory deliberation. Linear, scientistic conceptions of innovation are giving ground to more plural, socially situated understandings. Yet, growing recognition of social agency in technology choice is countered by persistently deterministic notions of technological progress. This article addresses this increasingly stark disjuncture. Distinguishing between “appraisal” and “commitment” in technology choice, it highlights contrasting implications of normative, instrumental, and substantive imperatives in appraisal. Focusing on the role (...) of power, it identifies key commonalities transcending the analysis/participation dichotomy. Each is equally susceptible to instrumental framing for variously weak and strong forms of justification. To address the disjuncture, it is concluded that greater appreciation is required—in both analytic and participatory appraisal—to facilitating the opening up of governance commitments on science and technology. (shrink)

The article highlights the impact of globalization processes on formation of dominant worldviews and guidelines, as well as ways and means of representing the latter. The state and prospects of studying intertextuality as an important element of modern world discourses in the projection on the national cultural background are studied. Attention is drawn to the high degree of development of both theoretical and applied aspects of intertextuality of discourses by representatives of academic communities of different countries and fields of knowledge, (...) which gave grounds to establish the polydiscursive and interdiscursive nature of the object of analysis. Orientation of domestic experts on parameterization of mainly specific manifestations of intertextuality within certain discourses at the level of isolated intertexts and presence of gaps in the theoretical description of the phenomenon in the context of national specificity is stated. Emphasis is placed on the definite variability of the terminology due to the interdisciplinary nature of discursiveness and, accordingly, intertextuality. A complementary link has been established between postmodernism as the dominant philosophical worldview and the intertextuality of discourses. The specifics of the intertextuality of contemporary Ukrainian literary discourse with regard to various scientific studies are clarified. The concept of “intertextual memory” is introduced and justification of its use is given. The need to apply the term “postmodern intertextuality” in relation to contemporary literary discourse is considered. The common and distinctive features of the manifestation of intertextuality in literary and journalistic discourses are traced. The specifics of intertextuality of Ukrainian journalistic discourse are described. It is established that the precedent character of the communicative act is of exceptional importance for realization of intertextuality in journalistic discourse. (shrink)

The purpose here is to explore metaphorical conceptions of the self in a fourth century B.C.E. Chinese text, the Zhuangzi, from the perspective of cognitive linguistics and the contemporary theory of metaphor. It is argued that the contemporary theory of metaphor provides scholars with an exciting new theoretical grounding for the study of comparative thought, as well as a concrete methodology for undertaking the comparative project. What is seen when the Zhuangzi is examined from the perspective of metaphor theory is (...) that conceptions of the self portrayed in this text are based on a relatively small set of interrelated conceptual metaphors, and that the metaphysics built into the Zhuangzi's classical Chinese metaphors resonates strongly with the (mostly unconscious) metaphysical assumptions built into the metaphors of modern American English. This should not be surprising, considering the claims of contemporary cognitive linguists that the metaphoric schemas making up the foundation of human abstract conceptual life are not arbitrarily created ex nihilo, but rather emerge from common embodied experience and are conceptual, rather than merely linguistic, in nature. (shrink)

While we consider directive teaching to be detrimental to the Community of Inquiry, we nonetheless find ourselves in qualified agreement with Hand as he challenges certain norms of practice that support the common presumption in favour of nondirective teaching in the moral CoI. We agree with Hand that it is possible for teachers to impart their own moral beliefs without indoctrinating students, yet we argue that the risk of indoctrination remains present in the many realistic scenarios in which teachers (...) misjudge controversial standards as uncontroversial or in which teachers’ arguments bypass students’ reason. We agree with Hand that substantively closed questions can generate satisfying inquiries, with the caveat that in the absence of open inquiry there is a chronic risk of eroding the ethos of trust in a CoI. Similarly, we find qualified agreement with Hand regarding teachers’ philosophical self-effacement. We accept that teachers may judiciously suspend neutrality in order to ensure that sound arguments and objections are aired and understood, yet we caution teachers against endorsing any particular justification or rebuttal. We further raise three distinct concerns about Hand’s theory. Firstly, we argue that Hand’s theory is insensitive to the varieties of moral controversy that emerge within the CoI. We maintain that a nondirective approach is required for a proper exploration of controversy over conflicting justifications for shared moral standards grounded in diverse normative ethical theories, where the conative power of particular justifications may differ among individuals; controversy over the meaning, scope and significance of moral concepts; and controversy over the application of moral standards and concepts to actual cases. Secondly, we argue that in light of teachers’ susceptibility to motivated reasoning and myside bias, Hand’s theory places undue demands on teachers to exercise objective judgement. Where teachers unwittingly transmit biases to students, we are not assured that Hand’s proposal can safeguard against indoctrination. Thirdly, we do not share Hand’s conception of moral inquiry as concerned exclusively with argument over the content and justification of moral standards. The narrowness of this conception, together with available evidence that moral argument alone has little effect on moral behaviour, leads us to question Hand’s claim that a fundamental reason for engaging students in moral inquiry is to reinforce their moral formation. We suggest that the scope of the moral CoI should not be limited to argument over the content and justification of moral standards, but should also include the cultivation of virtues and dispositions that prepare students for complex moral decision-making, as well as the investigation of Aristotelian questions concerning what is worthwhile in human life. Given our broader conception of the CoI as both moral and ethical, and our emphasis on students having both the freedom and the responsibility to judge reasonableness for themselves, we conclude that nondirective teaching remains a beneficial regulatory principle for CoI practice. (shrink)

This paper is addressing Husserl’s critique of psychologism in order to gain a better understanding of an up to date phenomenological research. Staring with Maurice Merleau-Ponty, phenomenology became more and more interested in how psychoanalytic theory can contribute to its findings. The latest phenomenological research reflects this growing interest in psychoanalysis. I will demonstrate in this paper that Husserl’s critique of psychologism enables this interest and that the psychoanalytic theory offers the same critique in response. Thus, the ego problem leading (...) to the deadlock of intersubjectivity, represent one of the common grounds phenomenology and psychoanalysis can meet. In this respect I will use the works of Marc Richir and Jacques Lacan. Emphasizing Marc Richir’s conception of language as phenomenon and the twist he gives to the concept of perceptive phantasia introduced by Husserl in 1918, I will consider the concept of unconscious as a way to solve the intersubjectivity dilemma. (shrink)

Both science and spirituality search for “ultimate truths.” God, the Big Bang, nirvana, the theory of evolution, relativity, quantum mechanics—these are some of the concepts that have been articulated as a result of that search. But the human capacity for exploring these ultimate sources of truth—the one thing that unites science and spirituality—is often overlooked. Embracing Mind argues (1) that science has hobbled itself by ignoring its unique source of inspiration—the mind—and (2) that the schism between science and spirituality is (...) unnecessary. In language accessible to any intelligent reader, Embracing Mind first explores the veracity of major scientific “myths,” then presents a viable science of the mind emanating from contemplative spirituality, including Hindu, Christian, Sufi, and Buddhist views. (shrink)

This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common laws imagination, the ideal party is a ground-up organization animated (...) by its membership. But the law mandates no such thing, and in its statutory and constitutional conception intra-party democracy may be sublimated as parties need be no more than an electoral persona or brand. (shrink)

This paper argues that current pragmatic theories fail to describe common ground in its complexity because they usually retain a communication-as-transfer-between-minds view of language, and disregard the fact that disagreement and egocentrism of speaker-hearers are as fundamental parts of communication as agreement and cooperation. On the other hand, current cognitive research has overestimated the egocentric behavior of the dyads and argued for the dynamic emergent property of common ground while devaluing the overall significance of cooperation in (...) the process of verbal communication. The paper attempts to eliminate this conflict and proposes to combine the two views into an integrated concept of common ground, in which both core common ground and emergent common ground converge to construct a dialectical socio-cultural background for communication.Both cognitive and pragmatic considerations are central to this issue. While attention explains why emergent property unfolds, intention explains why presumed shared knowledge is needed. Based on this, common ground is perceived as an effort to converge the mental representation of shared knowledge present as memory that we can activate, shared knowledge that we can seek, and rapport, as well as knowledge that we can create in the communicative process. The socio-cognitive approach emphasizes that common ground is a dynamic construct that is mutually constructed by interlocutors throughout the communicative process. The core and emergent components join in the construction of common ground in all stages, although they may contribute to the construction process in different ways, to different extents, and in different phases of the communicative process. (shrink)

After sketching the three basic types or generations of human rights recognized by the international community, the author explicates their principal conceptual-historical features in four theses concerning socially guaranteed priority interests; hermeneutical interaction; levels of intercultural and intracultural justification; theory-neutrality; he then explores yet further implications of those features. The article concludes by sketching alternative conceptions of the levels of human rights justification, relating these to recent philosophical positions on the prospects for a common morality.

We explore in this paper the relation between activities, communication channels and media, and common ground building in global teams. We define re-representation as a sequence of representations of the same concept using different communication channels and media. We identified the re - representation technique to build common ground that is used by team members during multimodal and multimedia communicative events in cross-disciplinary, geographically distributed settings. Our hypotheses are as follows: (1) Significant sources of information behind (...) decisions and request for actions are embedded within the fabric of communicative events in which participants use both informal and formal media to express their ideas. Capturing these information sources can facilitate common ground building and accelerate the execution of action requests. (2) Re-representations of concepts, i.e., sequences of representations using diverse media and communication channels, mediate and accelerate common ground building. (3) The use of intra- or interdisciplinary re-representations correlates with high team performance, i.e., effective team process and high product quality. We used AEC Global Teamwork course offered in 2008–2009 as the testbed for our study to validate our hypothesis. (shrink)

This article identifies already existing theoretical and methodological commonalities between evolutionary biology and phenomenology, concentrating specifically on their common pursuit of origins. It identifies in passing theoretical support from evolutionary biology for present-day concerns in philosophy, singling out Sartre’s conception of fraternity as an example. It anchors its analysis of the common pursuit of origins in Husserl’s consistent recognition of the grounding significance of Nature and in his consistent recognition of animate forms of life other than human. (...) It enumerates and exemplifies five basic errors of continental philosophers with respect to Nature, errors testifying to a philosophical fundamentalism that distorts the intricate interconnections and relationships of Nature in favor of a preferred knowledge rooted in ontological reductionism. It shows that to discover and appreciate the common ground, one must indeed study “the things themselves.”. (shrink)

Although there has been growing awareness among historians of ideas of a close relationship between eighteenth-century religious and political argument, there is still no clear understanding of this kind of relationship. Despite its historical plausibility, the transition from religious to political thinking encounters serious logical obstacles stemming mainly from the traditional distinction between spiritual and temporal matters. This distinction, as articulated in the initial attempts to establish religious toleration, would make it untenable to extend arguments in defence of religious liberty (...) directly to the defence of political liberty. Religious and political liberty cannot be governed by the same rationale, which is man's conscientious relationship to God. Any attempt, therefore, to explain how it was possible to pass from religious to political argument has rather to focus on the, as it were, external characteristics of these two kinds of liberty. It is argued in this article that religious and political liberty appear to be similar in that they both refer to rights that concern the expression of opinions, the so-called ‘intellectual rights’ or ‘rights of mind’. Investigating the meaning of ‘right of private judgement’ shows it to have three dimensions, which refer to the mental process of thinking, to its external manifestation through speech, and to other, non-verbal actions prompted by thought. In relation to fundamental rights could easily be dismissed as irrelevant, could be interpreted as a relapse to a Hobbesian state of nature, while was considered suitable for serving as a basis of a defensible theory of natural rights which could easily cover religious liberty, as well as political liberty, the right to free speech, or the liberty of the press. Unlimited and universal exercise of this type of rights was not only believed not to involve mutual harm, but it was also backed further by an appeal to the public good. (shrink)

The paper is an attempt at a definition of a common ground with its immanent potency as the founding force of various forms of the world common to all people. Its first part gives a brief outline of the conceptions of this common ground in the history of European thinking, such as Plato's case. Cusanus' community or joined unity and Whitehead's creativity. The second part derives from these conceptual schemes, reflecting on the domain of potency (...) as the dynamics of being and the ground of the original continuum, as the ultimate determination, in which the founding force of social forms of being has its roots. (shrink)

For a long time, the concept of moral integrity in politics has been highly controversial. While many look at it from a moralist perspective demanding absolute observance of moral values and principles, some scholars, chiefly Niccolò Machiavelli and his many followers, believe that politics is typically devoid of moral considerations. Others, such as Demetris Tillyris, consider politics to be a distinct way of life with a moral yardstick distinct from ordinary moral standards. All these viewpoints are grounded on divergent understandings (...) of the purpose of political power and how politicians ought to behave. This paper attempts to provide an exposition and critical analysis of the various contestations on integrity in politics. Through a normative ethical approach, it explores diverse theoretical perspectives with the aim of arriving at a comprehensive understanding of moral integrity in politics. The discussion and analysis in this paper are based on the theoretical lenses of the Aristotelian virtue ethics and the morality of power games. (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)

In lieu of an abstract, here is a brief excerpt of the content:Community of “Neighbors”:A Baptist-Buddhist Reflects on the Common Ground of LoveJan WillisToday we are all aware that the concept of “race” is a mere construction. There is only one “race”: the human race; to think otherwise is like still believing that the earth is flat. But “racism” is a different matter. It exists as a system of beliefs and prejudices that people differ along biological and genetic (...) lines and that one’s own group is superior to another group. When these beliefs and prejudices are coupled with power—especially the power to negatively affect the lives of those perceived to be inferior—we have a serious problem. And no one should downplay or underestimate the harm that such an ideology inflicts upon everyone who participates in it. According to one African American professor of social work, “America’s history is inextricably bound to this racist ideology. From the codifying of slavery, to the belief in ‘Manifest Destiny,’ to the treatment of ‘illegal immigrants,’ many of America’s actions continue to conflict with its creed that ‘All men are created equal.’”1Over the past decade or so, I have written a number of pieces that focus upon racism in America and racism in so-called American Buddhism.2 Being African American myself, my reasons for this focus may perhaps be clear though not necessarily inevitable. I have written on a number of other topics: Buddhist philosophical discourses and life stories of Buddhist “saints,” for example. In my writings on racism, I have tried to communicate something of the emotional and psychic toll it takes to live in this country as a person of color. In a number of these writings, I have called myself a “Baptist-Buddhist,” and thus this is also one of my “dual belongings,” one of my “multiple identities.”When I speak of racism, I am not concerned with garnering pity, or playing the “race card” of guilt, or telling you, from some assumed position of superiority on the matter, that there is simply no way for you to understand this toll. I certainly cannot speak for all African Americans, or even for most of them. Early on in the process of writing this paper, I emailed Jung and Paul to say that I found the title of the panel both much too broad and much too narrow. “Too broad” because one person cannot possibly channel and/or verbalize the countless instances of suffering endured by African Americans (and more broadly, by persons of color) throughout space and over centuries in this country owing to slavery and its aftermath. And “too narrow” [End Page 97] because, ultimately, we want to do more than just rehash our many sufferings. We don’t want to wallow in victimhood. We want to move on—from the recognition of that immense suffering, seen and unseen—and to go out into the world and act to bring about social, economic, and ecological justice. That’s what we are called upon to do: to form a new community wherein there is compassion and caring for one another, where there is love and peace, nonviolence, reconciliation, and justice.So, even though I am quite frankly tired—as are so many people of color—of being the “token” African American who can add visible “diversity” to a group in order to show that it is now more “inclusive” than before, nevertheless, in this so-called postracial society where we have a black president and the demographic of “person of color” now comprises an actual majority of the United States’ population, I must still rise to say that, sadly, racism is not dead in this country! Its painful vestiges exist, and those vestiges are far from being either innocent or unharmful.I truly believe that—for African Americans, in particular—it is the trauma and the legacy of slavery that haunts us in the deepest recesses of our souls. It is hard to imagine what having been bartered and sold as though mere property does to a human being, what being dehumanized, infanticized, and divested of all rights and liberties does to one’s sense of self-worth and well-being. As... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Theory of International Bioethics: Multiculturalism, Postmodernism, and the Bankruptcy of Fundamentalism 1Robert Baker (bio)AbstractThis first of two articles analyzing the justifiability of international bioethical codes and of cross-cultural moral judgments reviews “moral fundamentalism,” the theory that cross-cultural moral judgments and international bioethical codes are justified by certain “basic” or “fundamental” moral principles that are universally accepted in all cultures and eras. Initially propounded by the judges at the (...) 1947 Nuremberg Tribunal, moral fundamentalism has become the received justification of international bioethics, and of cross-temporal and cross-cultural moral judgments. Yet today we are said to live in a multicultural and postmodern world. This article assesses the challenges that multiculturalism and postmodernism pose to fundamentalism and concludes that these challenges render the position philosophically untenable, thereby undermining the received conception of the foundations of international bioethics. The second article, which follows, offers an alternative model—a model of negotiated moral order—as a viable justification for international bioethics and for transcultural and transtemporal moral judgments.Man in the Twentieth Century can not be circumscribed by the standards of any single culture.American Anthropological Association (1948) in a statement officially denouncing the 1948 United Nation’s Declaration of Human Rights.Recently... so-called “liberal” medicine has revived the old rights of a clinic understood in terms of a special contract, a tacit pact made between one man and another. This patient gaze has even been attributed the power of assuming [a role in clinical decision making].Miracles are not so easy to come by....Michel Foucault (1975, p. 5) [End Page 201]An Overview of the AnalysisInternational bioethics originated in the trauma of the Holocaust, specifically, in the 1946–1947 Nuremberg “Doctors Trial” when a tribunal of three American judges convicted Nazi medical researchers of “crimes against humanity.” In justifying their judgment, the Nuremberg Tribunal cited 10 principles for morally permissible research, which, they claimed, were based on “fundamental” principles that civilized societies “all agree” upon and accept as the foundations of their “moral, ethical, and legal” norms. Foremost among the principles was one stating that morally permissible human experiments require the informed voluntary consent of the subject. The Nuremberg judgment soon became associated with the ideal of human rights declared in the 1948 United Nations Charter. These two ideas—fundamental principles of morality and human rights—have been linked in all major formulations of international bioethics promulgated in the past 50 years, including the Council of Europe’s 1997 Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine (Council of Europe 1997; Dommel and Alexander 1997). In this paper, I explore the received justification for international bioethics—the idea that it is grounded in fundamental principles accepted in all societies—tracing it from its initial, almost off-hand, promulgation by the Nuremberg Tribunal, through its more thoughtful development by such bioethicists as Ruth Macklin, to its more complex use by the President’s Advisory Committee on Human Radiation Experiments.After a brief review of the evolution of the received justification, I discuss the viability of this justification in the face of the critique implicit in two important intellectual movements: multiculturalism and postmodernism. In the international context, multiculturalism asserts the claim that there are no common moral principles shared by all cultures. Postmodernism asserts a similar claim against all universal standards, moral and nonmoral. In the 1990s, bioethicists have attempted to respond to these claims in various ways. These responses are documented, analyzed, and then shown to be “bankrupt,” in the sense that they undercut the most important objective of moral fundamentalism: the justification of transcultural moral judgments, such as the condemnation of the Nazi doctors.A second article, which follows the present one in the same issue of the Kennedy Institute of Ethics Journal, revisits the contractarian tradition [End Page 202] of Hobbes and Locke, as it has been reinterpreted by David Gauthier (1986), John Rawls (1971, 1993), and Robert Nozick (1974), to develop the idea of negotiated moral order as the basis of international bioethics. When conceptualized as a negotiated moral order, international bioethics can accept the genuine insights... (shrink)

ABSTRACT This article considers the relationship between modern classical liberalism and utopian theory. The main question we address is: How have key liberal theorists over the past century received utopian visions of the economy, politics, and society? The development of liberalism is commonly associated with strident anti-utopianism, a perception contraindicated by more recent developments in political economy and philosophy. Accommodative liberal engagements with utopia are evident within philosophical discussions addressing the significance of group diversity within free societies, and of maintaining (...) social accord among peoples with divergent beliefs, practices, and other modes of living. This development aligns with a revitalized liberal political economy emphasis upon experimentation and process, which appears congruent with similar tendencies in utopian theory over recent decades. Even liberal critics of utopia, such as Friedrich Hayek, described their own grounded visions of either utopian society, or of piecemeal reforms in a utopian direction. In this article it is argued feasible intellectual opportunities do exist to reconcile liberal theory and utopian conceptions. (shrink)

The word "blame" and the concept of blame are commonly used by both laymen and philosophers. The latter refer to it frequently in the controversies surrounding desert and in controversies surrounding determinism. Some of the brouhaha in each of the above controversies is generated because the disputants use the word "blame" in different ways. One who attacks blame may, in reality, be attacking the practice of settled disapproval; on the other hand, a disputant who defends blame may merely be defending (...) blame-as-holding-morally responsible. Hence, the two disputants "never meet." Worse, they seem unable to see why they never meet. Since they both write and speak the same word , they assume that they are speaking the same thing. ;We show that such an assumption is unwarranted. We show that the concept of blame variously refers to: causal identification, juding , holding morally responsible, and disapproval . Sudden disapproval means disapproval felt; settled disapproval means disapproval expressed. ;To show that blaming is not the same as condemning, censuring, rebuking, etc., we analyze blame vis-a-vis cognate concepts. Then, to show the wide range of understandings concerning blame, we outline and describe eight representative and historical views. Some of these views become especially prominent in our analysis of desert blame v. utilitarian blame and in our analysis of determinism vis-a-vis blame. ;One's "attitude of blaming" does not convey a singular, easy-to-identify attitude or series of responses. To show this, we spell out the differences in blaming-attitudes. We suggest that popular blame seems to be a blaming-attitude which allows or encourages expressions of condemnation. For this type of blame, there is no justification, we argue. In, "P blames A for untoward act X," P may feel disapproval toward act X, thus feel disapproval toward A because of X. This is non-controversial. Yet, how one expresses that blaming-attitude is significant. ; P may control and channel his feelings of disapproval and express them in such a way as to seek proper redress and ultimately help A. This, we argue, is an appropriate blaming-attitude. Or, P may use the occasion of untoward act X to unleash vengeance and hate on A. Such an action, we argue, is no part of blaming; it has nothing to do with holding a person morally responsible or with voluntariness and free-will. Such an action, we argue, would be better labelled as "condemning." ;We show how these blame distinctions relate to the issue of desert and to the issue of determinism. We show that attempts to relate determinism to any kind of blaming activity are difficult because the thesis of determinism is ambiguous. We also show that, all problems considered, desert blame is to be preferred over utilitarian blame. (shrink)