The focus of this paper is on the ethics of the act of wilfully “abandoning” human embryos. I offer a critique of this unique behaviour, which draws on empirical data about who wilfully abandons their surplus embryos and why. I argue that wilful embryo abandonment is in all cases avoidable. Given this, I make three observations which speak to the moral unacceptability of embryo abandonment. The first has to do with the abandoner’s unfair treatment of the clinic storing their (...) abandoned embryos, and the second the abandoner’s apparent lack of sympathy for the plight of other people like them, who require assistance in pursuing their family-building goals. The third observation has to do with the abandoner’s failure to meet their responsibility for directing the handling of their embryos, and what their reaction to that responsibility says about their moral character in certain respects. There is good reason to conclude that wilful embryo abandonment is morally unacceptable. One implication of this normative conclusion is that clinics have reasonable grounds for justifying the design of their policies and practices so as to make wilful embryo abandonment impossible. (shrink)

One element of the liberal ideal of secularity is the principle that the state should treat religions neutrally: This is the religious neutrality requirement. Applied to religious belief systems, the principle stipulates that the state should not take a position on whether or not a certain religion is true. I challenge this ideal and argue that teachers in public schools sometimes need to take a position on religious truth claims in order to avoid the risk of promoting false beliefs. (...) I then argue that not acting to avert these implications is sufficiently costly to justify the abandonment of this requirement. (shrink)

Why do we labour so hard to sustain relationships that are fundamentally harmful to our wellbeing? That is the question which lies at the heart of Maja Borg’s poetic and alternatively distributed documentary film, Future My Love. The detrimental bonds on which the film focuses are those that maintain our connection to an economic system that has thrown us into an acute state of crisis and the stillborn emotions that keep us hopefully attached to a romantic partnership that we have (...) already outgrown; this elision imbricates and implicates the personal in the political. Through a prism of painful and, at times, unbearable emotion, and by blurring the boundaries between the public and the private, the real and the fictional, this film urges us to imagine ourselves into a future in which it might be possible to live otherwise; but this requires us to abandon the future we have already imagined and, as the film evinces through archival imagery from the 1950s or golden age of capitalism, imaged ourselves into. By drawing on the work of Lauren Berlant and Sara Ahmed on the cultural politics of emotion, Judith Butler’s work on the act of mourning, and the writing of Eva Illouz, Luce Irigaray and Alain Badiou on love in the age of late capitalism, this article contends that Future My Love pleads with us to abandon, in Ahmed’s words, ‘happiness for life’, to forsake an ideology that is invested in a highly specific notion of what it means to flourish and to thrive, to mourn and name our losses, and to think about the future creatively and without cynicism. (shrink)

The slogan that criminal liability requires an ‘act’, or a ‘voluntary act’, is still something of a commonplace in textbooks of criminal law. There are, it is usually added, certain exceptions to this requirement— cases in which liability is in fact, and perhaps even properly, imposed in the absence of such an act: but the ‘act requirement’ is taken to represent a normally minimal necessary condition of criminal liability. Even offences of strict liability, for which no mens rea (...) is required, require an act: thus to the familiar slogan that actus non facit reum nisi metis sit rea we can add the prior, more fundamental slogan that mens non facit reum nisi actus sit reus ; before we ask whether a defendant acted with mens rea or fault, we must ask whether he committed a criminal act at all. (shrink)

"The desert opens up beyond the proliferation of big box chains, car dealerships, fast food joints, and the bland sprawl along California State Highway 62. Out there, where signs of familiar habitation seem to fade from view, a change occurs in the landscape: small, dusty, mostly abandoned cabins dot the arid flatland. The majority of the existing cabins, historically found throughout the larger region known as the Morongo Basin, lie east of Twentynine Palms in outlying Wonder Valley. The curious presence (...) of these structures signifies that you are entering one of the few remaining clusters of "jackrabbit" homesteads in the American West. The mostly derelict structures-many vacant, some inhabited-are the physical reminder of former occupants who were the last to form the U.S. government's Small Tract Act of 1938." "One of the many land acts designed to dispose of "useless" federal lands from the public domain, the Small Tract Act authorized citizens to lease up to five acres of desert for recreational purposes or for use as a home or business. When the applicant made the required improvements to his or her claim by constructing a small dwelling within the three-year lease, they could file for a patent-the federal government's form of a deed. This mid-century homestead movement reflects the quintessential American desire to claim territory and own a piece of land even when the property in question was deemed "worthless" from an economic and governmental perspective."--Jacket. (shrink)

The study of insight problem solving could well become one of the most important topics in the contemporary debate on thought. Dealing with insight problems today requires of necessity reconsidering the concept of bounded rationality. Simon’s work has inspired us to reflect on the specific quality of the type of boundaries which, by limiting the search, allow and guarantee the act of creativity; finding the solution to insight problems is emblematic of this creativity and provides a paradigmatic case. According to (...) Simon, the solution to insight problems requires a search for an alternative space. He considered the “Notice Invariants Heuristic” to be a powerful tool for focusing this search which must always be guided by salience. Therefore, in the case of insight problems the heuristic is not a weak method of solving problems; indeed, it is the only way, an innovative and creative approach to reach the solution. In our view, the solution to these problems is not attained by abstraction, but only by a pertinent interpretation of the context (interpretative heuristic) in the light of the goal, allowing the problem solver to abandon the default representation. We therefore propose that this interpretative heuristic is inherent to all insight problem solving processes and, in more general terms, is an adaptive characteristic of the human cognitive system; this of course implies that the dual process theory will have to be challenged and discussed. (shrink)

A common assumption is that paternalism generates a special, and especially grievous, insult. Identifying this distinctive insult is then presented as the key to unlocking the concept and determining its moral significance. I submit that there is no special insult. It is, rather, a particular form that a lack of recognition respect can take. Attempting to capture the special insult has led us into confusion. In particular, it has led theorists to abandon the idea that paternalists must act for the (...) sake of the individual whose agency they supplant, and even the notion that paternalistic action requires a distinctive motivation at all. I argue that paternalistic actions must come from a place of care and concern for the paternalised agent and show that this explains the moral significance of paternalism since it tempers the general insult that such actions deliver and provides a partial defence when paternalism is misguided. (shrink)

The paper argues that the idea of gift-giving and its associated imagery, which has been founding the ethics of organ transplants since the time of the first successful transplants, should be abandoned because it cannot effectively block arguments for (regulated) markets in human body parts. The imagery suggests that human bodies or their parts are transferable objects which belong to individuals. Such imagery is, however, neither a self-evident nor anthropologically unproblematic construal of the relation between a human being and their (...) body. The paper proposes an alternative conceptualization of that relation, the identity view according to which a human being is identical with their living body. This view, which offers a new ethical perspective on some central concepts of transplant medicine and its ethical and legal standards and institutions, supports widely shared intuitive ethical judgments. On this proposal, an act of selling a human body or one of its parts is an act of trade in human beings, not in owned objects. Transfers of human body parts for treatment purposes are to be seen as sharing in another human being’s misfortune rather than as giving owned objects. From the perspective of policy-making, the proposal requires, first, that informed consent for removal of transplant material be obtained from the potential benefactor. Secondly, explicit consent by the prospective benefactor is obligatory in the case of removal of transplant material from a living benefactor. Thirdly, in the case of posthumous retrieval, informed consent by the potential benefactor during their life is not ethically indispensable. Additionally, while refusal of posthumous retrieval expressed by a potential benefactor during their life must be respected, such a refusal needs ethical justification and explanation. (shrink)

In this paper, I shall make the following propositions: in order to conceptually capture and represent the acts of political protest in a state of exception, we will need to reorient and supplement our representational apparatuses and also our theoretical frameworks for thinking about the gendered modes of protest under emergency laws and political abandonment. Through an analysis of the ‘naked protest’ of the Meira Peibis in Manipur, a ‘state of exception’ in democratic India, I shall argue that a series (...) of supplementations to our current thinking on intersectionality, bare life and political subjectivation are required if we are to make sense of political acts of resistance, refusal and disavowal of the law of exception. (shrink)

According to the Finnish Penal Code a corporation may be sentenced to a corporate fine if a person who is part of its statutory organ or other management or who exercises actual decision-making authority therein 1) has been an accomplice in an offence or allowed the commission of the offence, or 2) if the care and diligence necessary for the prevention of the offence has not been observed in the operations of the corporation. Criminal liability of legal persons is based (...) on the intentional or negligent acts of individuals who are in a certain relationship with the corporation. The Finnish legal doctrine clearly rejects the identification theory according to which an individual is considered as acting not for a company but as a company. According to Finnish scholarly writings, the acts of an individual offender could be attributed to the legal person under certain conditions not as acts of the legal person but as acts of the individual for the company. Nonetheless, Finnish law does not abandon the fault requirement. In this respect, Finnish law differs from the traditional common law theory of vicarious liability. (shrink)

In On What Matters Derek Parfit advocates the Kantian Contractualist Formula as one of three supreme moral principles. In important cases, this formula entails that it is wrong for an agent to act in a way that would be partially best. In contrast, Parfit’s wide value-based objective view of reasons entails that the agent often have sufficient reasons to perform such acts. It seems then that agents might have sufficient reasons to act wrongly. In this paper I will argue that (...) such reasons are a symptom of a fundamental inconsistency between the Kantian Contractualist Formula and Parfit’s view of reasons. The formula requires that we consider what everyone could rationally will, while a wide value-based objective view requires that we consider only what the agent has sufficient reasons for doing. The same inconsistency is particularly obvious in Parfit’s version of the Consent Principle, which share important features with the Kantian Contractualist Formula. Parfit accepts that moral principles might entail that we sometimes have sufficient reasons to act wrongly. However, to accept that supreme moral principles have such implications is objectionable if you, like Parfit, also hold that principles with such implications should be rejected or revised. I suggest that we could abandon the requirement that we have to consider the reasons of everyone. This would make the Kantian Contractualist Formula consistent with Parfit’s view of reasons, at least in this respect. I also argue that we can keep most implications of the Kantian Contractualist Formula that Parfit finds attractive. (shrink)

This paper is an analysis of the events recounted in 'Informed consent to septoplasty: An anecdote from the field.' As a commentary, it assesses the behavior of many agents who are parties to the story - physicians, nurses, friends of the patient, the patient's wife and the patient himself. This story is interesting for being mundane. The medical condition involved and the failures of care are not momentous. The patient's role as a medical ethicist led him to see things in (...) particular perspective and motivated or influenced his conduct sometimes not in the smartest of ways. Several accounts of informed consent are reviewed and used as measures of what happened. The moral vision behind informed consent, the rights and duties it implies and the elements of its contents are identified. No account was fulfilled. Some of the reasons and causes for this are discussed. Many sources of information and forces acting on the situation are explored. Post-operative experiences include severe irritation and discomfort as well as severe frustration and a sense of alienation and abandonment. The case communicates a hint about what physicians do not know in order to have informed consent occur. Physicians' lack of awareness about, e.g., post-operative experience means that they will not provide what the informed aspect of informed consent requires. Patients can feel abandoned and perhaps are abandoned in a variety of ways, subtle and not so subtle. A few issues besides informed consent are discussed (the roles of wives in working at their physician-husband's front desk, the language of reassurance). (shrink)

Doug Husak has argued, persuasively I think, that there is no literal ‘act requirement’ in Anglo-American law. I begin by reviewing Husak’s reasons for rejecting the act requirement, and provide additional reasons to think he is right to do so. But Husak’s alternative, the ‘control condition’, I argue, is inadequate. The control requirement is falsified by the widespread practice of holding extremely intoxicated offenders liable for criminal conduct they engage in even if they lack control over their (...) conduct at the time of the offense, and even if they are acting involuntarily. I provide examples from Canadian, US and German law to flesh out our legal practices with respect to intoxicated offenders. I then argue that, at least with respect to one class of intoxicated offenders–those known as ‘grand schemers’, who plan their criminal offending prior to rendering themselves incapable of voluntary control over their conduct–we are morally justified in imposing liability. I then propose an alternative to both the act and control requirements: what I call the ‘agency requirement’. I argue that our law does and should impose liability for conduct that is expressive of or constitutive of the defendant’s practically rational agency. Adopting an agency view allows us to expand our focus from just the moment of the offense to temporally extended instances of agency, such as is involved in planned offending by grand schemers. (shrink)

When Michael Smith published The Moral Problem, he advocated only Weak Moral Rationalism: the view that moral requirements always provide us with reasons that are relevant to the rationality of our action. But in the intervening years he has changed his position. He now holds Strong Moral Rationalism: the view that moral requirements are all-things-considered rational requirements. In this paper I argue that his change in view was motivated by two things. The first is his correct view that acting as (...) one is morally required to act is never irrational. The second is what David Copp has called The Unitary View of Reasons: the idea that there are both moral reasons for action, and non-moral ones, and both sorts count as reasons that determine what is rational to do. This combination of views pushes Smith to hold that an act counts as morally required just in case the moral reasons that favor it outweigh all other reasons, both moral and non-moral. But, I argue, there is an attractive position between Weak and Strong Moral Rationalism, which I call Moral Permissibilism. On such a view, moral requirements, while not always rational requirements (as against Strong Moral Rationalism), are always rationally permissible (as against Moral Anti-Rationalism). In order to advocate this common-sensical position, however, one must abandon the Unitary View of Reasons, and recognize that reasons of different kinds contribute to different kinds of normative verdicts. (shrink)

SummaryThe toleration gained by Protestant Dissenters, the Toleration Act of 1689, was far from comprehensive. It insisted that Dissenting authorities should subscribe to the doctrinal articles of the Church of England. It suspended anti-Dissent legislation rather than repealing it and the sacramental requirement for civil officials remained in place. The situation of Dissent under the law was ambiguous and, at least in theory, the freedom of worship gained under the act was incomplete. This article examines Dissenter attempts to clarify (...) their situation under the law and to be free from the Anglican subscription requirement for minsters, schoolmasters and tutors. It focuses on those aspects of their campaigning propaganda which accorded with natural law theory and particularly on the relationship between concerns for the well-being of the community and the assertion of the natural rights of conscience. It finds that pragmatic considerations competed with theoretical prescriptions. Although the language of natural rights was increasingly to the fore in the late eighteenth century, even the more radical Dissenters did not entirely abandon claims for wider toleration based on natural law considerations. It was not until the mid-nineteenth century that natural rights trumped natural law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Transcendental Phenomenology as Human Possibility: Husserl and Fink on the Phenomenologizing Subject by Denis DŽANIĆD. J. HobbsDŽANIĆ, Denis. Transcendental Phenomenology as Human Possibility: Husserl and Fink on the Phenomenologizing Subject. Cham: Springer, 2023. x + 236 pp. Cloth, $119.99Denis Džanić’s Transcendental Phenomenology as Human Possibility, despite its superficially historical focus on a specific period of collaboration between Edmund Husserl and his somewhat wayward protégé Eugen Fink, addresses key (...) systematic issues in transcendental phenomenology, namely, how the act of phenomenologizing should be understood in connection with the specific human beings who aim to become phenomenologists, and what the answer to this question tells us about both the genuine subject of phenomenology and the motivation for phenomenologizing. These questions are important for our understanding of not only the historical development of phenomenology but also the practice and goals of phenomenology—specifically, for a conception of phenomenologizing as a project in which we, as particular, historical, empirical figures, might want to engage.Much of the book focuses on laying the groundwork for understanding these complicated issues both historically and systematically. Džanić does an admirable job of tracing the rapidly evolving interactions between Husserl and Fink, both as intellectual collaborators on this philosophical project and as a pair of very human figures who ultimately found themselves pursuing quite different solutions to the problems of the subject and origin of phenomenology. He focuses particularly on the Sixth Cartesian Meditation, Fink’s attempt to extend Husserl’s famous text to include a phenomenology of the act of phenomenologizing itself (including Husserl’s marginal comments on the text), although he draws on a number of other significant texts and manuscripts (mostly Husserl’s, albeit with an extended aside on Heidegger) wherever they are helpful for explicating the complex evolution of Husserl’s thought on the subject. Admittedly, the book thus takes on a challenging task—both because of the difficult nature of this topic and because of the obscurity of the technical terms required to discuss it. However, despite the necessarily enigmatic character of the relevant language, Džanić’s attempts to explore the main outlines of this issue are worthwhile, particularly due to his ability to resist the temptation to view Husserl’s thought here as monolithic.In the early chapters, Džanić explicates in detail the rather complicated solution that Fink proposed to this difficulty, namely, the abandonment (to some extent) of the ultimately human origin of phenomenology in favor of a fundamentally nonhuman (and eventually meontic) conception of the transcendental ego, which generated a great deal of elaborate and (at least in the Sixth Meditation) inadequately supported speculation. For Fink, both the motivation to phenomenologize and the act of phenomenologizing itself ultimately stem from a source that is fundamentally prior to—in a(n onto)logical rather than temporal sense—any empirical ego or empirical act of phenomenologizing, a source that merely “enworlds” itself (in various complicated senses that Džanić does [End Page 145] an admirable job of clarifying) in the apparently anthropologistic, everyday world of individual phenomenologists. Džanić calls this interpretation of phenomenology Fink’s “epistemological anti-humanism,” and it serves as the basis for one potential (radically anti-Heideggerian but nevertheless somewhat disappointing) solution to the question of why we should phenomenologize at all. As Džanić notes, this solution was at least briefly taken up by Fink’s mentor Husserl himself, although the degree to which Husserl actually endorsed this path beyond the level of a fleeting flirtation remains questionable. Ultimately, as Džanić rightly highlights and as becomes abundantly clear in Husserl’s (often rather scathing) notes on Fink’s Sixth Cartesian Meditation, he abandoned this interpretation.Accordingly, in the later chapters of the book, Džanić traces Husserl’s ultimate development of a quite different solution to the problems of the origin and motivation of phenomenology—a solution that, unlike his brief foray into Finkian grandeur, views the act of phenomenologizing as essentially rooted in human possibility (that is, as part of the famous lifeworld that features so prominently in Husserl’s work, especially in the Crisis and other late texts). After his collaboration with and... (shrink)

In a recent paper, Max Deutsch argues that there is no “qua problem” for purely causal theories of reference, according to which the extensions of some expressions are grounded in causal relations to members of their extensions during dubbing acts. The qua problem is the difficulty in specifying the facts in virtue of which the reference of “elephant” is grounded by causal contact with something _qua_ elephant and not _qua_ its other properties. If no such specification can be given, reference (...) remains unacceptably indeterminate. This has led many to abandon purely causal reference grounding. Deutsch’s argument for the dissolution of the problem goes as follows: we usually agree that an event can cause its effect _qua_ some of its properties and not _qua_ others. For example, a hot acidic solution causes a glass beaker to break due to its heat and not due to its acidity. Given this assumption, we can simply say that an event caused a dubbing act _qua_ the causally relevant property and not _qua_ the causally irrelevant properties, thus grounding the reference of the term; the qua problem has vanished. I will argue that causal mechanisms, and in particular the facts about causal relevance appealed to by Deutsch, are insufficient to dissolve the qua problem. It is not generally the case that a _unique_ property is causally relevant in purely physical cases of causation; but this is precisely what is required to avoid the referential indeterminacy highlighted by the qua problem. I will demonstrate that if we rely on causal relevance to dissolve the qua problem, there is no way to respect the uniqueness requirement: there are too many properties that are causally relevant to the occurrence of any single dubbing act, including the intentional states of the dubber. (shrink)

For the events "e" and "f" to be identical, They must have the same subject and spatio-Temporal location, And their (participial) property-Descriptions must belong to the same "modification set" (e.G., Reddening, Reddening slowly, Reddening in july). The same criterion applies to actions, Which are here treated strictly as a proper subclass of events (john's closing the door = the door's being closed by john = the door's becoming closed). Actions related by goldman's "causal generation" are therefore distinct, But those related (...) by his other three types of act-Generation are not. This conclusion requires abandonment of the view--Questionable on other grounds--That causal contexts are thoroughly extensional. (shrink)

continent. 1.1 (2011): 60-67. At the beginning of Martin Heidegger’s lecture “Time and Being,” presented to the University of Freiburg in 1962, he cautions against, it would seem, the requirement that philosophy make sense, or be necessarily responsible (Stambaugh, 1972). At that time Heidegger's project focused on thinking as thinking and in order to elucidate his ideas he drew comparisons between his project and two paintings by Paul Klee as well with a poem by Georg Trakl. In front of (...) Klee's Saints from the Window and Death of Fire —though we wouldn’t absolutely understand what we were seeing—he writes, “we should want to stand…a long while.” In a similar manner, of Trakl’s poem “Septet of Death”—although it is likely we are unsure in what we hear—Heidegger states that, “we should want to hear…[it] often.” Heidegger further states that in appreciating these, “we “should abandon any claim that [they] be immediately intelligible” (1). So also we must we approach, Heidegger continues, the realm of theoretical physics, in which the difficult work of Werner Heisenberg, be listened to “without protest” and without “any claim that he be immediately understood.” These works, like his own project, merit the time they take to be originally (mis)understood. But this is not necessarily true for philosophy, Heidegger advises, because, “That thinking is supposed to offer ‘worldly wisdom’ and perhaps even a ‘way to a blessed life’” (1). Philosophy is in the unique position of being both abstract (what do we talk about when we talk?) and at the same moment, useful. There are demands that it make sense, that it be, grounded, immediate, and most importantly, rational. Heidegger draws these comparisons between the works of Klee and Trakl and Heisenberg not to claim that philosophy is totally irresponsible. He does not claim that the poet, the painter, nor the physicist have acted irresponsibly. Rather, he would say, they are rising to the highest levels of intelligibility, though it is perhaps an intelligibility that is commonly unavailable to us. In Trakl’s case, as we shall see, mastery is the end result of difficult words. Instead, Heidegger seems be making pleas: for a period of uninterrupted unintelligibility (pure unintelligibility); and that there is a time (that time is now) when, “thinking is…placed in a position which demands of it reflections that are far removed from any useful, practical wisdom” (1-2). Heidegger argues that philosophy requires a period of time in which, instead of focusing on the practical—or even on the worldly—the discipline draw its “determination” instead from the place of painting and poetry and physics. In doing so, “we should have to abandon any claims to immediate intelligibility” (2). But Heidegger doesn’t offer this as a way out. We still have to turn up, we “still have to listen, because we must think what is inevitable, but preliminary” (2). The point for Heidegger, is not to listen to a series of propositions, but instead to “follow the movement of showing” (2). I. … Maybe we're here only to say: house, bridge, well, gate, jug, olive tree, window— at most: pillar, tower … but to say them, remember, oh, to say them in a way that the things themselves never dreamed of existing so intensely.… Rainer Maria Rilke, “The Ninth Elegy” There is little more fundamental, preliminary, in the world than language. We use language, in the form of speech, constantly, whether we are saying anything or not. “Man speaks,” Heidegger writes, and goes on to describe in his essay “Language” (2001) the constant speaking that we do. “We are always speaking, even when we do not utter a single word aloud, but merely listen or read, and even when we are not particularly speaking or listening but are attending to some work or taking a rest” (187). Speaking is expression, an utterance of something internal. It is a recognition of a world. It is a way of communicating thought and it is an activity that we all do, inevitably. Speaking separates the human from the animal world, and despite advances in primatology that seek to give ‘voice’ to primates and other non-human animals, it can safely be said that our form of communication—what we call speech and know as language—is the most advanced, the most complicated. We use it to present and represent the world around us; through actual utterances (vocalization) or through the written word or through ‘unvoiced thoughts’ and dreams. We use language, but more specifically speech—naming—to transmit moods, thoughts, desires, aversions, and feelings. These expressions, mere utterances, nearly always find a source in words, whether spoken or not. Heidegger writes that this common view of language means “that only speech enables man to be the living being he is as man. It is as the one who speaks that man is—man” (187). Speaking then—utterance—surrounds us constantly, whether in the form of careful thought—in the form of an academic paper, say—or in the half mutterings and forgotten thoughts of a nearly remembered dream. Like scaffolding, the apparatus of speech sustains and explains the world, making, in a sense, the world rational, making it apparent. When we speak, we describe, and in doing so, name the world. We use words, through this process of naming, to interpret and sustain the world we see, and the world we imagine. Like Rilke’s naming of jug, and bridge, and window, and stream, we describe—and inscribe upon—the world through an activity of naming. Are we here, perhaps, to name? Is it possible not to name? Is it possible to regard and to view and to look around without naming what we see? Is it possible to feel—to experience—world without giving utterance to that feeling, that process? Sadness, grief, joy, ecstasy, hunger, thirst. Desk, light, room, pen, book, world. White, black, tomorrow, today. Each of these words is a name given to a thing I see in front of me, or a concept that I imagine (in the case of tomorrow or world). What arises in my mind has already existed. If I imagine it, it is named. The word for ‘tomorrow’ and ‘desk’ and ‘light’ precedes me, and precedes my concept of it. The idea of it is already pre-informed, and I must, in a certain sense, bend my ideas to it. When I imagine a table, I imagine my own table (or I imagine an idea of table) but that imagining must follow certain general rules; while, perhaps, it might not always require four legs and a horizontal surface, it must, at least not be, say, a pool of water, or a pile of excrement. It must have some tableness to it to be a table. It must, with Heidegger, table. Otherwise, speech is reduced to gibberish. For Heidegger however, the discussion of language points to something deeper than its “scientific and analytic” study as a communicative device. Indeed, Heidegger seeks to understand language not in reference to man or woman, not as an utterance of humanity, but in reference to itself. In doing so he abandons the conversation—that is, he casts away the traditional arguments surrounding philosophy of language; that it is a means of expression; that it is a human activity; and that it is somehow a representation of something that is—in order to seek to understand language as language, on its own terms. Heidegger is not a philosopher of language, but a philosopher of world, of being. Despite these “correct ideas” holding sway “over the whole field of the varied scientific perspectives on language…they ignore completely the oldest natural cast of language” (191). What is this “oldest natural cast of language? It is the act of language itself. Language is language and language speaks. “Most often,” Heidegger writes, “and too often, we encounter what is spoken only as the residue of a speaking long past” (195). Speech, as we normally encounter it, is like Echo herself calling out to Narcissus, doomed to repeat what has already been said, a mere remnant of what was once language, a trace left behind in the gathering silence of becoming. In both the essay “Language” and in his three lecture course “The Nature of Language” (1982), Heidegger attempts to unpack the seeming tautology of language as language. In each, he focuses on poetry as a way out, or into, a true discussion of the oldest natural cast of language. Poetry is pure speech. In poetry, language is brought to language and language speaks ( Die Sprach spricht ). In the act of poetry, the act of pure speech, the poet names (on the surface not different from how I name this table, this computer) but in the poet naming, the naming does not “hand out titles,” “apply terms,” but rather the naming is a call, a calling forth of entities that bring them into their own, allow them to take their place purely, without compromise. This calling, Heidegger (2001) states, “here calls into a nearness. But even so the call does not wrest what it calls away from the remoteness, in which it is kept by the calling there. The calling calls into itself and therefor always here and there—here into presence, there into absence” (196). II. Window with falling snow is arrayed, Long tolls the vesper bell, The house is provided well, The table is for many laid. Wandering ones, more than a few, Come to the door on darksome courses. Golden blooms the tree of graces Drawing up the earth’s cool dew. Wanderer quietly steps within; Pain has turned the threshold to stone. There lie, in limpid brightness shown, Upon the table bread and wine. Georg Trakl “A Winter Evening” Heidegger is often given short shrift as an abysmally difficult writer, as one that makes no sense and is needlessly difficult. In doing this though, we forget sometimes his eloquence, his simple beauty in writing. Of the above opening stanza, “Window with falling snow is arrayed/ Long tolls the vesper bell.” he writes (2001), This speaking names the snow that soundlessly strikes the window late in the waning day, while the vesper bell rings. In such a snowfall, everything lasts longer. Therefore the vesper bell, which daily rings for a strictly fixed time, tolls long. The speaking names the winter evening time (197). The speaking names the winter evening time. It is almost impossible to comment on that one line by Heidegger. It is as though it must exist on its own completely, without elucidation—as though in front of it we must stand as we do in front of a painting by Klee, that is, we must abandon any claim . Silent and devoted. The speaking of the poem here is not clearly different from common speech ( rede ) yet there is, via Heidegger, an invitation to experience that auracular quality of light and stillness that a gentle, dusk tinged snowfall gives; words evoking a quality so clear, so poignant that, in a sense, Heidegger’s work, at this moment, has been done. But what does this naming accomplish? What does the call call? Remember, it is not the poet that calls, but the naming which calls. The poet has only brought the words forward; it is now the words— snow, vesper bell, window— that take new life in the pure language of the poem. Entities are called forth into presence, like the speaking that names the winter evening time. Not to be present amongst us now, however; naming ‘table’ in the poem does not place it in front of us in this room. Rather, the naming places entities into a gathering which is also a sheltering. The naming brings them to be. In an act of appropriation, things come to be purely as their own, unimpeded by a predetermined expectation. They are called to themselves into an arrival. In Being and Time (1962), Heidegger famously describes the movement between present-at-hand and ready-to-hand in his analysis of the hammer, and of equipment in general. This analysis is already known, if not always clear, to most readers of Heidegger. Briefly, a hammer is ordinarily zuhanden or ready-to-hand; it is part of the background of the world, equipment used and never thought about, like this desk, this sheet of paper, this room. Our interaction with it is temporary and it is historically different for each entity and each relation. We need a hammer, we use a hammer. If all goes according to plan, the hammer remains ready-to-hand; it remains, in a sense, undisclosed and certainly unobtrusive. Our world is undisturbed by the hammer. Only when the hammer or the car or the computer is broken (or sometimes unused or unrecognized or missing) does it intrude into our world, become conspicuous as an object present-at-hand, or vorhanden . In this case, we reach for the hammer, it is broken and we suddenly notice it’s being, broken though it is. The thing which was always ready to hand—handy—is suddenly abstract, something to be examined, if only in its absence or disfunction. This can be exhibited for all entities, and it is important to note that in this analysis the zuhanden / vorhanden split is not restricted to a specific form of constructed material; zuhanden does not refer to the car, and vorhanden the sunset. No entity is ever exclusively ready-to-hand or present-at-hand; they are instead, interpenetrated with each others mode of being, one informing the other in a way that both brings things forth into the world—discloses is the word Heidegger chooses—and at the same time conceals them. As one mode is coming to be so another mode is withdrawing. This flux and movement between modes is precisely what brings the world forward, and what makes it manifest. It exists beyond where we tread and before man took dubious control of the world. We go to find a book or turn on the computer and it is missing or broken and we become aware of the object, as though for the first time. We walk to the water to glimpse the sunset and miss it, or it is less than stellar; in the sunset’s grayness, we become aware of it’s being sunset. The thing is disclosed in its withdrawal. Echoing Heraclitus, we can say that as something is coming to be, it is already becoming something other. Of similar importance to the fact that things are never all of one, or all of the other, they are also never alone. The hammer is never a single object, but is in relation always to the whole. Heidegger (1962) states, Equipment—in accordance with its equipmentality—always is in terms of its belonging to other equipment: ink-stand, pen, ink, paper, blotting pad, table, lamp, furniture, windows, doors, room. These ‘Things’ never show themselves proximally as they are for themselves…What we encounter as closest to us…is the room; and we encounter it not as something ‘between four walls’ in a geometrical, spatial sense, but as equipment for residing…it is in this that any ‘individual’ item of equipment shows itself. Before its does so, a totality of equipment has already been discovered (97). Equipment resides—dwells—in its relations, in its proximal being to other beings. Within the structure of totality, a series of relations is always occurring. The hammer is on the workbench in the carpenter’s hand in the workshop in the village under the sky and under the sun. It doesn’t stop there. Equipment surrounds us and the focus is not on what it does, or what one does with it—the carpenter with the hammer, the writer with laptop—but with the fact that it is. Equipment occurs in relation and is always occurring around us overhead, underfoot, by the stream and in the city. There is a constant exchange of relations happening, and as this occurs, so the world occurs, so the world both discloses and withdraws, into and out of itself. In a very real sense, language is also equipment. It is the thing that we use most often without thought, it is ready-to-hand (except when it’s not.) As we re- cognize the world around us, as we offer names for things and make lists, we are using language much like we might use a hammer, that is, bluntly. Most of the time it is invisible and we draw on it without wondering how we are going to say something. When language does intrude, it does so in an awkward moment, that moment when we can’t remember the right word, when we forget a phrase. At that second, it “speaks itself as language,” it reveals itself as malfunctioning equipment, and we “undergo” an experience with language, in Heidegger’s famous formulation. Language is not a tool anymore that we use to bludgeon an object, but something instead that we submit to, that we experience. In “The Nature of Language,” Heidegger (1982) writes, But when does language speak to us as language? Curiously enough, when we cannot find the right word for something that concerns us, carries us away, oppresses or encourages us. Then we leave unspoken what we have in mind and, without rightly giving it a thought, undergo moments in which language itself has distantly and fleetingly touched us with its essential being (59). The poet’s words become themselves, become appropriate, only when they no longer function in the prosaic world; they instead intrude as they come to be. Language itself brings itself to language. Names, like the entities they indicate, are always becoming something else. As noted above, language, through the poet, has brought forth entities from words previously “known.” I thought that I knew snow, but through Trakl’s re- presentation of the word, language calls forth a new image of snow, indeed calls forth snow itself. The vesper bell tolls longer, the table is for many laid. In bringing forth things , language has brought the world to presence. In everyday naming, word occludes world, preventing, in its everydayness, its coming forth, its disclosing. But what is this world that word has been brought forth into? In the same way that language speaks, world worlds. World, left alone, un-interfered with, comes into itself. It worlds. Again, this sounds like a tautology, but it is essential to Heidegger’s thought (and in my mind is more of a “god killer” than Nietzsche.) One of the most overlooked (and under-appreciated) aspects of Heidegger is his later examination and enthusiasm for the “fourfold,” or the system through which things come to be, through which things thing in a world worlding. The fourfold is the interaction of earth and sky, mortals and gods. Things come to be in the interstices and gathering of the fourfold. The fourfold provides both a place of being, and a sheltering, a place to dwell. Heidegger writes that “the things that were named, thus called, gather to themselves sky and earth, mortals and divinities. The four are united primally in being toward one another, a fourfold.” The poet has called, through the act of pure naming, things to come forth. In the purity of the fourfold—that is, when that is all that there is, when there are no other distractions, definitions, things—entities themselves can come to be. It is important to note that Heidegger is not saying that there are four formal things in the world, autonomous entities unto themselves. He is not evoking a pre-Socratic formula as to what makes up the world; instead, the four mirror each other constantly. (Heidegger calls this the ‘mirror-play.’) They interpenetrate in the same way that the modes of being of things interpenetrate themselves. There is no discrete exclusivity in being or the fourfold. What makes up things is not a precise recipe of the four main components; what makes up things is the action of the fourfold coming together, the movement of the fourfold which is a becoming. Heidegger (2001) writes that “this gathering, assembling, letting stay is the thinging of things.” And he later adds that “thinging, things are things. Thinging, they gesture—gestate—world” (197). Language brings the world to be. It works not again as a recipe added to things, but instead it is a bridge, or more precisely, a relation. Language relates world to thing, brings world to thing. In a sense, it does not say anything; rather it allows, or calls in its movement. Heidegger (2001) writes that, The intimacy of world and thing is not a fusion. Intimacy obtains only where the intimate—world and thing—divides itself cleanly and remains separated. In the midst of the two, in the between of world and thing, in their inter, division prevails: a dif-ference (199). It is in this inter that language prevails. Language is difference, it is the differential aspect between world and thing that brings world to thing. In the final stanza of Trakl’s poem “The Winter Evening,” Trakl evokes this difference in the second line when he writes, “Pain has turned the threshold to stone.” Christopher Fynsk, in his essay “Noise at the Threshold,” draws attention to this point when he writes “it is the figure of the threshold that is language itself, inasmuch as language is defined as the articulation of difference by which difference comes about” (25). Language, as used in the pure language of the poem, draws together world and thing, bridging relation between entity and world. The calling of language calls world to thing, world to being. Heidegger (2001) describes this difference as unique; “of itself, it holds apart the middle in and through which world and things are at one with each other” (200). III. Neither reading nor writing, nor speaking—and yet it is by those paths that we escape what has been said already, and knowledge, and reciprocity, and enter the unknown space, the space of distress where what is given is perhaps not received by anyone (99). Maurice Blanchot The Writing of Disaster So far, we have allowed Heidegger to put forward what language does, how it functions as a relation and how it operates as a threshold, as a bridge. What interests me is what happens beyond language, beyond the relation. What happens to the thing without the naming, without the poet, or even without the everyday chatter—Fynsk calls this ‘noise’—intruding on being? If language allows things to become by bringing thing to world, what happens when we remove this bringing, this threshold turned to pain? In “The Nature of Language,” Heidegger examines the work of the poet Stefan George, specifically “The Word”: Wonder or dream from distant land I carried to my county’s strand And waited till the twilight norn Had found the name within her bourn— Then I could grasp it close and strong It blooms and shines now the front along… Once I returned from happy sail, I had a prize so rich and frail, She sought for long and tidings told: “No like of these depths unfold.” And straight it vanished from my hand, The treasure never graced my land… So I renounced and sadly see: Where word breaks off no thing may be. That final line, “Where word breaks off no thing may be” is evoked on nearly every page of Heidegger’s essay. It is the line to which he returns over and over and bears repeating. Where word breaks off no thing may be. Where naming ends, no thing. We can interpret this in two ways (at least.) Where word—naming—breaks off, then there is nothing . Or, as I choose to read it, where word breaks off no thing may be. In this I see a hint forward, a marker left behind by Heidegger. What could this look like? What does no thing look like? Like a zen koan ( there is no mirror ) it is as thrilling and horrifying as contemplating what preceded the Big Bang. Because language as naming wasn’t always here; we weren’t always here. One or maybe two aspects of the fourfold (depending on your view of gods) were not always here, and there is no guarantee that we will always be around. What then? Heidegger (1982) describes the landscape that the poet finds, “It names the realm into which the renunciation must enter: it names the call to enter into that relation between thing and word which has now been experienced” (65). The poet, in renouncing, allows for the “may be” of “where word breaks off no thing may be.” This “may be” becomes “a kind of imperative, a command which the poet follows, to keep it from then on.” No thing is lacking. Where word breaks off, there may be, a totality, a completion. If we place the emphasis on may be , we make it affirmative, make it positive. One allows it. No thing is where the word, that is the name, is lacking. If we remove then (if we can remove) the word, the name, than that is where no thing is, that is where no thing may blossom, enrich, belong, become. What is no thing? Heidegger writes that “thing is anything that in any way is.” And just after this he writes that the “world alone gives being to the thing.” But what happens if there is no word? Word, in this formulation can be seen as an enframing, a challenging of language. By naming, by drawing a perimeter around an object, we hold it, by its definition (that is a brick) to an ordered future. If we borrow from Heidegger’s essay “The Question Concerning Technology” (1993) the idea of this standing-reserve of an ordered future, we see that “everywhere everything is ordered to stand by, to be immediately on hand, indeed to stand there just so that it may be on call for a further ordering” (322). What happens if there is no naming of the thing? Silence perhaps. Stillness. We can name—and do name—that which we know. We equate knowledge with knowing the name of something. A brick is a brick, a hammer is a hammer, the universe is the universe. By naming a thing, we create, and draw its parameters, the parameters of the thing, not as thing thinging in the fourfold, but as blunt object apparent. In the four dimensions relatively available to us, we observe (and name) that the brick takes up possibly six by four by two inches and is, in the sense that it currently occupies this time slot. It fulfills its destiny, its being, its brickness, it bricks . But what happens when we remove the name for this brick. We no longer know what to call this no-thing (if indeed we can even arrive at the point of uncalled calling.) In fact the it (this brick) is no longer a thing in the sense that by not naming—by removing the name—it still occupies the same dimension but is indiscernible from the world. It simply is , un-reliant, un- needed by me. By removing the subject (me) from it (the brick) do I not then also remove the object—or at least the duality objectifying it? Why is this important? Why does this matter? I have not really removed anything. I have not changed any thing , per se . The brick still occupies the same space in geographic and temporal dimensions. I have literally not even touched the brick sitting on my desk. But what I have done is removed the name, removed the word (the bridge, according to Heidegger) and in this (again, if this is even possible) there is something vertiginously liberating, not only for me (and my way of thinking) but also for the brick itself. Like the poet who calls the thing forward, by refusing to name, by avoiding any thing that demands me to name it, I release the thing into the fourfold. I am no longer challenging the thing to be there for me ; I do not en frame it through language. Rather I, in an act of extreme responsibility, am refusing the challenge. By refusing the name (refusing to name) one allows, (or no one allows no thing) the brick to be all things , to manifest its manifold being, to incorporate all things into its thinging . It becomes, quite literally, every thing . Because, in its infinite manifestness, it incorporates everything; the mud that gave it its current being, the water that formed the mud, the sun, the stars, the universe and it also allows it to become mud again, to become landfill, to become again, water and sun and stars and universe in an endless, infinite cycle of coming to be some thing (else). Perhaps this is what Heidegger is suggesting when he talks about the stillness at the end of his essay, “Language” (2001): The dif-ference stills particularly in two ways: it stills the things in thinging and the world in worlding. Thus stilled, thing and world never escape from the dif-ference. Rather, they rescue it in the stilling, where the dif-ference is itself the stillness (206). It is in this stillness that I can imagine a gellasenheit (here I mean both “releasement in the Heideggarean sense, as well as Meister Eckhart’s use of the term meaning “letting the world go and giving oneself to God”) of thing and world, a releasing into the stillness and silence of no thing beyond where word breaks off. It is here where I may no longer be, and yet no thing is, but may be. (shrink)

This piece, included in the drift special issue of continent., was created as one step in a thread of inquiry. While each of the contributions to drift stand on their own, the project was an attempt to follow a line of theoretical inquiry as it passed through time and the postal service from October 2012 until May 2013. This issue hosts two threads: between space & place and between intention & attention. The editors recommend that to experience the drifiting thought (...) that attention be paid to the contributions as they entered into conversation one after another. This particular piece is from the BETWEEN SPACE & PLACE thread: April Vannini, Those Between the Common * Laura Dean & Jesse McClelland, Ballard: A Portrait of Placemaking * Amara Hark Weber, Crossroad * Isaac Linder & Berit Soli-Holt, The Call of the Wild: Terror Modulations * Ashley D. Hairston, Momma taught us to keep a clean house * Sean Smith, The Garage * * * * Instead of beginning with radical doubt, we start from naiveté. —Graham Harman, The Quadruple Object Deep in the forest a call was sounding, and as often as he heard this call, mysteriously thrilling and luring, he felt compelled to turn his back upon the fire and the beaten earth around it, and to plunge into the forest, and on and on, he knew not where or why; nor did he wonder where or why, the call sounding imperiously, deep in the forest. —Jack London, The Call of the Wild The figure of the feral remains a perpetual enigma, but the parameters remain relatively consistent. A person, usually a child, enters civilization after having been raised by wolves or kept in some kind of cruel captivity. The outsider perspective on domestication ensuing in an edge of a culture's self-recognition of its clumsier attributes, what has been taken for granted becomes apparent, is brought to the foreground with the stranger and made questionable. Amusement follows naïve questions or observations such as Kaspar Hauser in the Herzog film, The Enigma of Kaspar Hauser, when Kaspar notes that while in his room he is engulfed by it, but when he looks at the tower he can turn away and it disappears. Ergo, the room is larger than the tower. How entertaining. The aberrant one destabilizes the comforting cultural normative. Places become seen as mere impressions out of space, a patterning, a rut that not everyone lives in like us. This is one figure of the feral. The naiveté that begs all the questions. As a figure for a certain philosophical disposition, the rapidity of one’s saccade scans the environment, intuits it’s space, not from an initial thaumazein or a Critchlean sense of disappointment, but from a child-like naiveté bent on survival. To serve the naïve is merely one form of critique, and it is not nearly used enough in lieu of the critique that provides answers. How dull. It is not necessary to be an outsider to entrench a critique with naiveté. After having forced to suffer in the most parched and rocky terror, itself for so long rooted upwards of fifty feet into the ground upon which it grows, even a grapevine can spontaneously produce a white grape on a red vine. The curious feral can arise from within, and like pinot grigio, it adds variety without admonishing its roots. There is also the feral dog. Not raised by wolves, but humans. Founded in place the figure of this feral denies this place. The trajectory of this feral roves from the cultivated to uncultivated, or in speaking of plants from controlled to volunteer, finding the necessary nutrients and survival patterns on its own. Finding other places, reaching out into space testing its fertility. And when introduced into a foreign environment, it withers or flourishes. We would like to attempt a thesis at this juncture and to accept neither feral figure in its entirety, but to argue for the intimate conjunction between a cultivated place and its resonance with the space it procures for its nest and kin. I'm not a biter, I'm a writer for myself and others. —Jay-Z, What More Can I Say? I am writing for myself and strangers. This is the only way that I can do it. Everybody is a real one to me, everybody is like some one else too to me. No one of them that I know can want to know it and so I write for myself and strangers. —Gertrude Stein, The Making of Americans There is no subjective disposition outlining an unambiguous individual of the para-academy. There is no para-academic. We all have day jobs. 'Para-academic' seeped through the cracks as an adjective in the call to frame publishing dedicated to the critical rigor expected by academic publishing, but to deny the limitations of guarded legitimation through capital means. Open-access holds hands with this parasitic descriptor. Para-academic publishing's refusal to adhere to the valuation of locked access of a site, the site “of a desperate initiation to the empty form of value,” 1 seeks to recognize not merely an inclusive interpretation of significance, but the significance of thinking practice. The practice inside the paywalls of academic 'education' is held in a deathgrip by its infatuation with value and information, both empty without the apprehension of human experience, the barbaric yawp. “I can't breathe in here.” It is not that a para-academic practice leads one to the childish wonder of Kaspar Hauser who wonders about the spatiality of his room. It is the academic legitimation that distorts that one can hold the understanding of both in a constellation of place and space. Led to believe there is only a place for things, we are led to disillusionment. It is also not that a para-academic practice relinquishes itself to the invasive growth outside of careful cultivation, an abandonment of pleasantries for the toothy growl of a predator. It is the academy's fear that thought does not require capital to signify value. Some of the most nutritious meals can be foraged. Defining a para-academic practice is not outlining a place of accreditation of the practice, it is the recognition that any place is subject to modulation by the space it inhabits as well as creates. The para-academic practice keeps an eye of the creation of spaces, follows those paths that eat themselves in the name of academia. This is not unlike Red Peter's report to the academy, only successful if we report in idle idiosyncratic banalities that we have once again become victorious in our acculturation and nullification within the confines of accredited mush and our trajectory of wild rigor is defeated in our desire for recognition as recognizable in this place. Weeds are integral to the functioning of a large ecosystem. The manicured garden is entirely reliant on its keeper. The pansy can also go wild once neglected, the daisy definitely does.... a universe comes into being when a space is severed or taken apart. The skin of a living organism cuts off an outside from an inside. So does the circumference of a circle in a plane. By tracing the way we represent such a severance, we can begin to reconstruct, with an accuracy and coverage that appear almost uncanny, the basic forms underlying linguistic, mathematical, physical, and biological science, and can begin to see how the familiar laws of our own experience follow from the original act of severance. The act is itself already remembered, even if unconsciously, as our first attempt to distinguish different things in a world where, in the first place, the boundaries can be drawn anywhere we please. At this stage the universe cannot be distinguished from how we act upon it, and the world may seem like shifting sand beneath our feet. —George Spencer-Brown, Laws of Form Two edges are created: an obedient, conformist, plagiarizing edge, and another edge, mobile, blank, which is never anything but the site of its effect: the place where the death of language is glimpsed. These two edges, the compromise they bring about, are necessary. —Roland Barthes, The Pleasure of the Text Between these two epigraphs, interminable questions of where and questions of happening, gesture, and interface. To stay buoyed between a site of visible happening and haptic perspicacity. Bounded by one or the other leads to a desiccation of potential knowledge. The tumbleweed tumbles until met with mud, a bare structure moving but not movement. A tumbleweed tumbleweeds, propagates only at a place. It becomes significant again, continues. Significance, the site where meaning is made known through kinesthetic apprehension. 2 The feral founds a gestural horizon; an outsider’s scrawl-becoming-law; Deleuze teaching Meno’s dog geometry. Place as marked, outlined, recognized, territorialized. The academies marked by their peculiar disciplines, outlined by their rigid boundaries, recognized as factories of value. This far from ensures complete purchase on the space of thought, but it has made an undeniably elaborate means of making work significant. The academy is a muddy spot, it is fertile, but its gates are high and its dogs are barking. The coordinates of concept and experience. Already claimed by a stabilizing suspension, the terms enter specificity of ‘this is this’. Another correlation: activity and the individual. The individual, a placeholder in the crosshairs of juridical identification. Activity, what expands and surrounds this location, but utterly indebted to the node of “one who”. What's happening in this oscillation of nature and nurture is practice. Practice, as Stengers tells us “is not the activity of an individual or the product of that activity. It is the ingredient without which neither that activity nor this product would exist as such.” 3 Moving outward from our own honing, we're curious about the ingredient creating the place for holding conceptual and experiential engagements in each hand. And we'd like to argue that this place is not a limiting specification, but a practice undulating daily, by the minute. And we call this practice the para-academic practice. I repeat: there was no attraction for me in imitating human beings; I imitated them because I needed a way out, and for no other reason. —Franz Kafka, A Report to an Academy In order to exist, man must rebel, but rebellion must respect the limit it discovers in itself—a limit where minds meet and, in meeting, begin to exist. — Albert Camus, The Rebel Anyone is a para-academic or practicer of such means. The academic can, and we argue should, be active para-academically, to escape the bounds, recognizing no site specific place as a place to rest on or the place to grab the Kafka's top and wonder at its disobedience not to continue. Yet, the para-academic practice must maintain the desire for rigor in scholarship. Indeed desiring past itself to claim a more naïve rigor, one that does not take its form for granted. Without a para-academic practice, the scholar spends half the time merely working on behalf of a hierarchy, to maintain it, and the other measly amounts of time are in the name of thinking, but only in name. Not to mention the amount of debt it takes to attend the halls of higher education. Not to mention the snoring tenures. Not to mention the barely scraping by adjuncts. Not to mention the materials that shake the very force of producible theory. Not to mention when swimming in texts becomes slogging through data. Academia is a barbaric food chain and it is our claim that there is, as always, an imperative for thought to move, with Heidegger, beyond the logics of calculation and planning, to a time of its own. The path, into the panic of the dark wood of this space can be followed by any; any who let the silence and the rigor enter the play. Where the little theater is larger when inhabited ; where the data of the tutor asymptotically refutes; and where, as much as one wouldn’t expect it here, ballet may turn out to be the most feral of forms… NOTES Jean Baudrillard, “Value's Last Tango” Simulacra and Simulation trans. Sheila Faria Glaser,. “What is significance? It is meaning, insofar as it is sensually produced.” Roland Barthes in The Pleasure of the Text. Isabelle Stengers, “The Science Wars” Cosmopolitics I trans. Robert Bononno, 47. (shrink)

The Fatwā-house, which was within the body of Meshihat in the Ottoman Empire, gave answers to the questions posed to it by focusing on the Hanafi sect and the preferred fatwās of this sect for centuries. These questions and answers were also duly recorded. In this study, based on The Record for the Legal Responses of the Supreme Fatwā Office, which is registered at records numbered 378 in the Meshihat Archive of the Istanbul Mufti, one of the records containing the (...) answers given by the institution. It is an attempt to create an imagination about the scope and sphere of influence of the fatwā activity in the last period of the Ottoman Empire. Accordingly, in the last thirteen years of the state, Fatwā-house has been the addressee of questions from individuals, state and private institution directors, societies, ministries and the Grand Vizier. While some of these questions came from the provinces within the Ottoman borders or from the countries that had an administrative ties with the Ottoman Empire, some of them were submitted to the Fatwā-house by the Muslims of other states from the lost lands or simply because the caliphate center was the official fatwā organ. At the records, there is also a record of the questions coming from muslims who are Ottoman citizens but residing in other countries. Looking at the subjects, it was determined that most of the questions were asked about foundations. In addition, the permissibility of obtaining interest by bank facility or depositing money in the bank, the establishment of modern schools and whether the ways to create resources for these schools are permissible, whether teaching in Latin letters is possible, the provision of life insurance, the importance of cleanliness in the fight against cholera, the fight against innovations (bidʻas) in mosques. It is seen that questions on different issues, from issues such as whether the wife of the lost (mafqud) can be separated by the judge or not; to the issues of whether the fulfillment of judgment can be regarded as the end of the judgment or not. As it is mentioned in some fatwā records at the record book, it is obligatory to decide on fatwā and its fulfillment in the Ottoman Empire with the most authentic and preferred view of the Hanafi sect. The last two fatwā questions mentioned above are handled as examples of giving up the act with the will of the head of state, with the preferred fatwâs discussed in this article. It is only possible with the will of the head of state to make a decision with an opinion other than preferred fatwâ or an other opinion out of the sect. According to the first example, some of those of the citizens of other states outside the Ottoman Empire came to the Ottoman lands for reasons like trade etc. and married to Muslim women there and then left them suffering. This was also true for the wives of men who went to wars and did not return. Although the drawbacks of the Hanafi sect's preferred view, that one should wait until the age of ninety, one hundred, one hundred and twenty, or until the death of their peers, were resolved by appointing a regent from other sects, continuity could not be ensured in this practice either, finding people has not always been possible. For this reason, in the time of Shaykh al-Islam Hayri Efendi, a statement of change was prepared and submitted to the will of the sultan. In the issue of whether the signature of the head of state can be counted as the end of the judgment, another subject in which the will of the head of state is applied, the stages of abandoning the preferred view can be followed much more clearly. In the case of the dismissal of the judge or the expiration of the term of office before the execution of the judgment, especially in the distant provinces of the state, in the case of the judge's dismissal or the expiration of his term, according to the preferred view of the sect, which was based on juristic discretion, the closure of the cases took many years. It is seen that the judgment reached by analogy was submitted to the will of the sultan, with an article added to the script regarding the prepared procedure of reasoning, although there is no preferred view since it is the most suitable opinion for the interests of the people and the necessities of the century due to the increase in complaints. Effective from the time it was approved by the head of state, the execution of the sentence is no longer a requirement for the trial to be completed. The changes in the provisions of these matters also show that, although it was important for the Ottoman State to comply with the preferred view of the Hanafi sect - as in the previous Shaykh al-Islams' fatwās in the form of ma'ruzat - it was considered more necessary to look after the interests of the Muslims and different opinions were enacted and put into practice. (shrink)

Samizdat, the underground circulation of unofficial and forbidden literature in the Soviet Union, is an example of how censorship can backfire. Ideological restrictions produced walls of monotony in libraries and bookstores, propelling readers to search for more interesting fare. Sensitive texts on religion, philosophy, human rights, and current events, as well as literary works, passed from hand to hand clandestinely from around 1960 until censorship was abolished in the late 1980s. Von Zitzewitz's study is itself interesting fare, uncovering the workings (...) of samizdat as both a distribution network, comparable to that of print culture, and a social network that developed bonds between people who shared a defined purpose outside the public space. By no means did they all think of themselves as dissenters. For many people who lived ordinary Soviet lives, it was simply that “reading samizdat increased [their] individual feeling of freedom and represented a personal act of resistance.”One merit of this book is its point-by-point comparison of the samizdat distribution network to the print-culture production chain of author-publisher-printer-shipper-bookseller-reader. Samizdat had an analogous chain, in which a text made its way from author to reader through a network of people, each performing a specific function—procuring manuscripts, housing them, typing (or photographing) multiple copies, and delivering copies to readers. There were others who served as compilers, translators, collectors, and even editors and “librarians” (although accepting this designation requires abandoning the notion of a library as a stationary physical repository).Since all participants in the network strove to hide their traces from the prying eyes of the security police, samizdat researchers are hampered by a lack of records and evidence. To help fill the information gap, von Zitzewitz (in collaboration with Memorial's Gennadii Kuzovkin) designed a sixty-three-question survey targeting former samizdat participants and posted online in 2017. Tables display statistics (from the first 122 respondents) on demographics (respondents’ gender, place and decade of birth, and education level) as well as information on which authors, genres, and subject matter were most read. Other survey questions were designed to elicit recollections that help us understand what it felt like to participate in samizdat culture, whether as an author or reader, or in some aspect of acquisition or distribution. The many quotations from the survey responses bring to life the intensity of this activity. Receiving a sought-after text with an injunction to return it (or pass it on) the next day might mean reading all through the night to get through hundreds of pages. And while it is intuitive to think of samizdat as walled off from official culture, this study argues persuasively that they were intertwined. There were plenty of gray areas and fuzzy boundaries, too. One owner of samizdat books had several of them confiscated during a KGB search of his apartment, only to find them later for sale in a bookshop.Having begun as a clandestine, makeshift response to the institution of censorship, samizdat became more sophisticated over time, evolving into an institution itself. It arguably contributed to the perestroika reforms and became unnecessary when censorship was given the heave-ho. Subsequently, samizdat activists who had managed the covert production and circulation of entire journals published full accounts of their activity and the operation of their networks. Von Zitzewitz makes good use of these sources and shows admiration for the role these men played. She notes, though, that their detailed descriptions omit names of any of the typists who gave up their leisure hours and nightly sleep for the pleasure of hammering out multiple carbon copies of forbidden literature, usually for no pay. The word typist, given its lowly connotation in both Russian and English, is unfortunate. Typists were samizdat's printing press, and without their commitment and sacrifice the whole enterprise would have collapsed. Von Zitzewitz suggests that it may never have occurred to the samizdat heavyweights to acknowledge them by name. They were just... women. On the other hand, the menial typist designation had its upside. It seems to have resulted in a shorter prison sentence for at least one of them.Von Zitzewitz argues strenuously that samizdat was first and foremost a social network. If you wanted to get hold of, say, The Gulag Archipelago, you needed to know someone with the connections to help you get it. To call samizdat a social network is, of course, to wade into comparisons with today's online social media networks. Von Zitzewitz notes parallels, but she finds that the differences overwhelm the similarities. Samizdat was a social network, but one that depended on mutual trust. (shrink)

It is sometimes said that faith is recalcitrant in the face of new evidence, but it is puzzling how such recalcitrance could be rational or laudable. I explain this aspect of faith and why faith is not only rational, but in addition serves an important purpose in human life. Because faith requires maintaining a commitment to act on the claim one has faith in, even in the face of counter-evidence, faith allows us to carry out long-term, risky projects that we (...) might otherwise abandon. Thus, faith allows us to maintain integrity over time. (shrink)

In this paper, the issue of plant closings is analyzed from the perspective of halakhah (the Written Law of Judaism). Two levels of analysis in halakhah must be differentiated: the legal (enforced by courts) and the moral (not enforced by law, but rather framed in terms of duty to God). There is no legal mandate to keep an unprofitable plant open, but there are a number of moral imprecations (particularly "acting more generously than the law requires") that might influence an (...) employer''s decision making. Using analogical reasoning to infer moral and/or legal obligations may be a fruitful means for businesspeople to analyze business situations in terms of ethical implications. (shrink)

Many people believe human fetuses have the same moral status as adult human persons, that it is wrong to allow harm to befall things with this moral status, and thus voluntary, induced abortion is seriously morally wrong. Recently, many prochoice theorists have argued that this antiabortion stance is inconsistent; approximately 60% of human fetuses die from spontaneous abortion, far more than die from induced abortion, so if antiabortion theorists really believe that human fetuses have significant moral status, they have strong (...) moral obligations to oppose spontaneous abortion. Yet, few antiabortion theorists devote any effort to doing so. Many prochoice theorists argue that to resolve this inconsistency, antiabortion theorists should abandon their opposition to induced abortion. Here, I argue that those who do not abandon their opposition to induced abortion but continue to neglect spontaneous abortion act immorally. Aristotle argues that moral responsibility requires both control and awareness; I argue that once an antiabortion theorist becomes aware of the frequency of spontaneous abortion, they have a strong moral obligation to redirect their efforts towards combating spontaneous abortion; failure to do so is morally monstrous. (shrink)

In this paper, the issue of plant closings is analyzed from the perspective of halakhah (the Written Law of Judaism). Two levels of analysis in halakhah must be differentiated: the legal (enforced by courts) and the moral (not enforced by law, but rather framed in terms of duty to God). There is no legal mandate to keep an unprofitable plant open, but there are a number of moral imprecations (particularly "acting more generously than the law requires") that might influence an (...) employer's decision making. Using analogical reasoning to infer moral and/or legal obligations may be a fruitful means for businesspeople to analyze business situations in terms of ethical implications. (shrink)

: Research by Siminoff and colleagues reveals that many lay people in Ohio classify legally living persons in irreversible coma or persistent vegetative state (PVS) as dead and that additional respondents, although classifying such patients as living, would be willing to procure organs from them. This paper analyzes possible implications of these findings for public policy. A majority would procure organs from those in irreversible coma or in PVS. Two strategies for legitimizing such procurement are suggested. One strategy would be (...) to make exceptions to the dead donor rule permitting procurement from those in PVS or at least those who are in irreversible coma while continuing to classify them as living. Another strategy would be to further amend the definition of death to classify one or both groups as deceased, thus permitting procurement without violation of the dead donor rule. Permitting exceptions to the dead donor rule would require substantial changes in law—such as authorizing procuring surgeons to end the lives of patients by means of organ procurement—and would weaken societal prohibitions on killing. The paper suggests that it would be easier and less controversial to further amend the definition of death to classify those in irreversible coma and PVS as dead. Incorporation of a conscience clause to permit those whose religious or philosophical convictions support whole-brain or cardiac-based death pronouncement would avoid violating their beliefs while causing no more than minimal social problems. The paper questions whether those who would support an exception to the dead donor rule in these cases and those would support a further amendment to the definition of death could reach agreement to adopt a public policy permitting organ procurement of those in irreversible coma or PVS when proper consent is obtained. (shrink)

Background Despite continuous performance improvements, especially in clinical contexts, a major challenge of Artificial Intelligence based Decision Support Systems (AI-DSS) remains their degree of epistemic opacity. The conditions of and the solutions for the justified use of the occasionally unexplainable technology in healthcare are an active field of research. In March 2024, the European Union agreed upon the Artificial Intelligence Act (AIA), requiring medical AI-DSS to be ad-hoc explainable or to use post-hoc explainability methods. The ethical debate does not seem (...) to settle on this requirement yet. This systematic review aims to outline and categorize the positions and arguments in the ethical debate. Methods We conducted a literature search on PubMed, BASE, and Scopus for English-speaking scientific peer-reviewed publications from 2016 to 2024. The inclusion criterion was to give explicit requirements of explainability for AI-DSS in healthcare and reason for it. Non-domain-specific documents, as well as surveys, reviews, and meta-analyses were excluded. The ethical requirements for explainability outlined in the documents were qualitatively analyzed with respect to arguments for the requirement of explainability and the required level of explainability. Results The literature search resulted in 1662 documents; 44 documents were included in the review after eligibility screening of the remaining full texts. Our analysis showed that 17 records argue in favor of the requirement of explainable AI methods (xAI) or ad-hoc explainable models, providing 9 categories of arguments. The other 27 records argued against a general requirement, providing 11 categories of arguments. Also, we found that 14 works advocate the need for context-dependent levels of explainability, as opposed to 30 documents, arguing for context-independent, absolute standards. Conclusions The systematic review of reasons shows no clear agreement on the requirement of post-hoc explainability methods or ad-hoc explainable models for AI-DSS in healthcare. The arguments found in the debate were referenced and responded to from different perspectives, demonstrating an interactive discourse. Policymakers and researchers should watch the development of the debate closely. Conversely, ethicists should be well informed by empirical and technical research, given the frequency of advancements in the field. (shrink)

It is widely agreed that living kidney donation is permitted but living kidney sales are not. Call this the Received View. One way to support the Received View is to appeal to a particular understanding of the conditions under which living kidney transplantation is permissible. It is often claimed that donors must act altruistically, without the expectation of payment and for the sake of another. Call this the Altruism Requirement. On the conventional interpretation, the Altruism Requirement is a (...) moral fact. It states a legitimate constraint on permissible transplantation and is accepted on the basis of cogent argument. The present paper offers an alternative interpretation. I suggest the Altruism Requirement is a moral fiction—a kind of motivated falsehood. It is false that transplantation requires altruism. But the Requirement serves a purpose. Accepting it allows kidney donation but not kidney sale. It, in short, rationalizes the Received View. (shrink)

In this chapter, I delineate the central trajectories of Sloterdijk’s creative reappropriation of certain Heideggerian motives. Essentially, Sloterdijk wagers that the Heideggerian climate that weighs on our contemporary thinking is not adequate for grasping the globalised, technological world. In order to show how Sloterdijk is lead to abandon or overcome the understanding of globalisation influenced by Heidegger, I first present what could be called Sloterdijk’s onto-anthropology, that is, his story of the pro-duction or the coming-to-the-world, of the human animal. There, (...) Sloterdijk shows how the “radical openness” of the human is predicated upon an act of insulation, the building of protective spaces, called greenhouses, incubators or spheres. Understanding this interplay between distance and nearness is crucial to understanding Sloterdijk’s onto-kinetics or his description of the ontological movement of existence. While Heidegger thinks existence according to the vertical movements of falling and gathering, Sloterdijk emphasises lateral movement, an expansion on the same plane [Ausbreitung in der Ebene]. Sloterdijk’s insight into the lateral spatiality of human existence sheds light onto his interpretation of the history of humankind as history of globalisation. Here, I concentrate on the transition between the second and third of these phases of globalisation because it is this third phase which, according to Sloterdijk, is no longer explicable in terms of Heideggerian enframing and the will to will. This inevitably leads us to ask whether the globalised world requires a response different from a Heideggerian meditative thinking and poetic dwelling and what form(s) our inhabitation of the globalised world might take. (shrink)

Definition of the problem:Truog’s critique of the ”brain death” concept outlines inconsistencies well understood in the U.S. ethical debate, while he is one of the first to suggest returning to the traditional, coherent concept of death, thus breaking with the ”dead-donorrule.” The German transplantation law of 1996 endorses equating ”brain death” with death. A defeated draft, however, had acknowledged that irreversible total brain failure is a death-near state with a zero prognosis; organ harvesting, then, was to be allowed only in (...) case of prior personal consent. The politically effective objection against this concept was its admitted violation of the dead-donorrule and thus its (incorrectly) alleged precedent potential for legalising active euthanasia. Truog’s suggestion to justify organ explantation on the grounds of ”consent and nonmaleficence” would have fuelled German counter-critics had they known it. The problem is how to justify organ harvesting after breaking the dead-donorrule. Arguments: With the allegation that ”imminent death” and ”irreversible coma” allow concluding that there is ”no harm,” Truog ironically returns to the weak arguments traditionally used to support the ”brain death” concept. His suggestion opens the door to a wide array of eligible organ donors (and, indeed, to a precedential case for active euthanasia). The euphemistic tradition of the ”brain death” concept, perhaps a prominent reason for public scepticism towards transplantation, will be perpetuated unless it is acknowledged that the interference of organ explantation with the donor’s dying process does as such constitute ”harm” to this individual. Organ harvesting, then, requires prior personal consent and needs to be clearly differentiable from any act of ”killing” if it is to be compatible with the law, acceptable to surgeons and not a precedent for active euthanasia. A close look at the actual procedure reveals that consent has invariably the effect of prolonging, not shortening the factual life span of the person in whom irreversible total brain failure has been diagnosed. This peculiarity distinguishes organ explantation from all other forms of terminating a person’s life and is not congruent with the ethical and legal notion of ”killing”. Conclusion: Breaking the dead-donorrule by allowing for the donor to give prior personal consent to organ explantation as a procedure that is going to interfere with his or her dying can be justified, informed consent provided, without setting foot on a slippery slope. (shrink)

According to situationism in psychology, behavior is primarily influenced by external situational factors rather than internal traits or motivations such as virtues. Environmental ethicists wish to promote pro-environmental behaviors capable of providing adequate protection for the environment, but situationist critiques suggest that character traits, and environmental virtues, are not as behaviorally robust as is typically supposed. Their views present a dilemma. Because ethicists cannot rely on virtues to produce pro-environmental behaviors, the only real way of salvaging environmental virtue theory is (...) to reject or at least minimize the requirement that environmental ethics must provide protection and assistance to the environment. Virtue theory is often favored by environmentalists precisely because it does matter what one's reasons are for acting, even if one's actions are ineffective at producing positive results. However, because endorsing behaviorally ineffective virtues, for whatever reason, entails that environmental ethicists are abandoning the goal of helping and protecting the environment, environmental ethicists should consider looking elsewhere than virtues and focus instead on the role of situations. (shrink)

Charles Darwin’s theory of evolution by means of natural selection finds application far outside biology, for which it was originally invented. Its consequences for science proved far-going, influencing practically every field from thermodynamics to the humanities. While acting on biological systems, the Darwinian mechanism is a source of progress and the local-scale abandonment of the universe’s general tendency towards chaos. However, observations of changes taking place in selection-exposed organisms show that evolutionary success requires some essential limitations. The application of this (...) reasoning to social evolution may appear thought-provoking: stable evolution requires not only intense selection but also a conservative approach to ideas. (shrink)

The global age has confronted human beings with new and numerous challenges, from global poverty, to labour exploitation, to climate change. Many individuals, aware of such challenges, wish to act in solidarity, and give their contribution to countering them. Acting in solidarity in such contexts can be challenging, however, as which actions are most effective for reaching the desired goal is not obvious. Furthermore, an action that is intended in solidarity at times not only fails to promote the desired objective (...) but proves detrimental to it. In this article, I wish to propose a reflection on a prior duty of solidarity action: the epistemic duty to acquire information about the correct way to promote a cause. By analyzing the anti-sweatshop movement and climate action, I will show how acting in solidarity has significant epistemic requirements that should be considered as part of the solidarity action itself. (shrink)

In discussions of moral responsibility for collectively produced effects, it is not uncommon to assume that we have to abandon the view that causal involvement is a necessary condition for individual co-responsibility. In general, considerations of cases where there is “a mismatch between the wrong a group commits and the apparent causal contributions for which we can hold individuals responsible” motivate this move. According to Brian Lawson, “solving this problem requires an approach that deemphasizes the importance of causal contributions”. Christopher (...) Kutz’s theory of complicitious accountability in Complicity from 2000 is probably the most well-known approach of that kind. Standard examples are supposed to illustrate mismatches of three different kinds: an agent may be morally co-responsible for an event to a high degree even if her causal contribution to that event is a) very small, b) imperceptible, or c) non-existent (in overdetermination cases). From such examples, Kutz and others conclude that principles of complicitious accountability cannot include a condition of causal involvement. In the present paper, I defend the causal involvement condition for co-responsibility. These are my lines of argument: First, overdetermination cases can be accommodated within a theory of coresponsibility without giving up the causality condition. Kutz and others oversimplify the relation between counterfactual dependence and causation, and they overlook the possibility that causal relations other than marginal contribution could be morally relevant. Second, harmful effects are sometimes overdetermined by non-collective sets of acts. Over-farming, or the greenhouse effect, might be cases of that kind. In such cases, there need not be any formal organization, any unifying intentions, or any other noncausal criterion of membership available. If we give up the causal condition for coresponsibility it will be impossible to delimit the morally relevant set of acts related to those harms. Since we sometimes find it fair to blame people for such harms, we must question the argument from overdetermination. Third, although problems about imperceptible effects or aggregation of very small effects are morally important, e.g. when we consider degrees of blameworthiness or epistemic limitations in reasoning about how to assign responsibility for specific harms, they are irrelevant to the issue of whether causal involvement is necessary for complicity. Fourth, the costs of rejecting the causality condition for complicity are high. Causation is an explicit and essential element in most doctrines of legal liability and it is central in common sense views of moral responsibility. Giving up this condition could have radical and unwanted consequences for legal security and predictability. However, it is not only for pragmatic reasons and because it is a default position that we should require stronger arguments (than conflicting intuitions about “mismatches”) before giving up the causality condition. An essential element in holding someone to account for an event is the assumption that her actions and intentions are part of the explanation of why that event occurred. If we give up that element, it is difficult to see which important function responsibility assignments could have. (shrink)

In the early 1970s, the idea of precaution—of heeding rather than ignoring scientific evidence of harm when there is uncertainty, and taking action that errs on the side of safety—was so appealing that the US Congress used it as the basis of the toxics provisions of the Clean Water Act of 1972, the federal Environmental Protection Agency based its proposals for implementing those provisions on it, and the courts frequently tended toward it when resolving conflicts over the implementation of pollution (...) control law. In other words, precaution was written into toxic water pollutant control law and was beginning to be written into policy and regulations. By 1976, the tables were completely turned. The EPA abandoned the safety-providing approach in the implementation of the law, even though the law required it, and adopted a risk-taking approach in the creation of standards for the vast majority of toxic water pollutants. The article examines how this change was brought about. It builds on recent work on undone science as an obstacle to regulation and contributes to the development of an account of the creation of the regulatory system, with both its achievements and its limitations. (shrink)

Barba non facit philosophum. L'habit ne fait pas le moine. In those proverbs, Latin and French, we find the classical opposition between appearance and reality—between the accessory (the superficial, the beard, the clothing) and the essential (the profound, the philosopher, the monk), the latter being independent from and unchanged by the former. Berliner questions this dichotomy. As an anthropologist, he reviews many situations in which humans wear masks or use other techniques to cover their identities: cosplaying, puppy play, historical reenactments, (...) live-action role-playing, and the use of pseudonyms. Cosplayers, the subject of Berliner's first case study, impersonate characters from movies or video games. On the basis of lengthy interviews, he concludes that role-players change when they wear the costumes of their favorite heroes, behaving, for instance, with more self-confidence. A little psychological experiment not cited in this book suggests the same. In 2012, Hajo Adam and Adam Galinsky asked a group of students to perform a task demanding concentration. Those given a white medical coat to wear during the experiment performed better, probably because they were more prone to adopt traits and postures attributed to doctors—postures thought to enhance concentration. Berliner believes that, in the case of more immersive games, such changes are not necessarily temporary. They can persist after the acting is done. In other words, in some contexts at least, clothes can change the man.To impersonate a historical figure such as Napoleon, another case covered in Berliner's book, the reenactor must pay attention to minute details of the figure's life, habits, and social environment. The reenactor may then experience a moment de bascule, during which he is so much absorbed in his role that he forgets he is playing a character. As such, the activity of imitating is a way of learning some particular forms of paying attention to the individual serving as model. I regret that this aspect of disguise is not discussed when Berliner approaches animal role-playing. He affirms instead that identification with animals “rests upon our imagining what an animal is.” To imitate animals, however, we must first learn about, watch, and interact with them. Imitation is never fully based on the imagination; our imaginations are opened by prior, more or less proximate interactions with the beings that serve as models. It is far from easy to imagine, out of the blue, using our bodies in the ways that imitating animals requires.Despite the book's title, Becoming Other, Gilles Deleuze is barely mentioned in it, probably because he was very critical of the concept of imitation, which is omnipresent in Berliner's thought. Still, the way in which Berliner uses the concept is Deleuzian to a degree. Deleuze is skeptical of the concept of imitation because the success of an imitation is usually judged by whether the model and the imitation correspond in appearance—the imitation, in that case, does not bring any novelty to the world. In contrast to Deleuze, who proposes to abandon the concept of imitation, Berliner invites us to study it in new ways. Indeed, his book teaches us how creative imitation can be. What counts is not whether an imitation is successful but whether it is fruitful, and that we measure by whether it transforms us. The imitator does not become an alter ego of the model impersonated but a superego, an ego more aware of all its capacities. Even if it is never made explicit, the contrast between successful and fruitful—a contrast dear to Vinciane Despret—structures Berliner's analyses, which are a valuable contribution not only to anthropology but also to philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:So Close and Other EssaysOn Hélène Cixous’s writingJoana Masóce n’est jamaispar l’intérieurni par le centreque je passe—Antonin Artaud, Cahiers d’Ivry, (1947–1948)At the end of the sixteenth century, the genre of the essay transformed the relationship between the subject and object of writing, since the essay emerged as a reaction against other literary forms—such as the commentary, the gloss or the treatise—in which the object of study is not problematized. (...) The gloss, the commentary, or the treatise deal with disciplines or thematic topics—astronomy, agronomy, theology, physics, history—in the proper sense, whereas the essay tends to focus on the approach to those issues. To put it differently, the essay is not strictly concerned with these issues or topics in themselves, but with the approach to them by means of writing.With Michel de Montaigne, specifically in his Essays published between 1580 and 1595, we are faced with writing where the knowledge of the object is no longer the sole center of the text. Despite being actually concerned with the Greek philosophical tradition, sixteenth-century religious wars, and, among many other topics, European colonialism in America, Montaigne’s Essays try to contest the privilege of the object, the privilege of the referent of writing, in [End Page 131] favor of its subject: the subject of writing and the writing itself, what we call in French une écriture de soi.As is well known, in his Essays Montaigne’s writing conveys neither message nor knowledge regarding things and topics, but what he calls “la continuelle mutation et branle” des êtres [“nostre estre”] et des objects [“ des objects”]: “the continual and perpetual mutation” of “beings” and “objects” (257).This epistemological crisis of the essay—abandoning the privilege of the object or theme for an emphasis on questioning the subject of writing and the modalities of the approach to the object—is explicit in the etymology of the word essay. Beyond the notion of attempt—in French, essayer means “to try,” “to attempt to do something”—essayer, from the Latin verb ex-agere, is a compound word of the verb agere, “to act,” in French agir. In Latin, the meaning of agere—“to act”—differs from facere, as agir does in French from faire, “to do”; it is in this way that these two verbs designate a different relationship between the subject and the object of the action. Although agere and facere both refer to action, the verb agere at the origin of the word essay designates an action accomplished by a subject, whereas facere is a transitive verb whose emphasis is placed on the object.While, on the one hand, facere is to be read in the register of transitivity—as is explicit in the following Latin phrases: facere litteram, “to write a letter,” or facere furtum, “to commit theft”—on the other hand, agere, although a transitive verb in Latin, underscores and anticipates the kind of intransitivity of action we will later find in Roman languages. In these Latin phrases, one can see that in Latin, at the same time that, the syntactic construction of agere requires an object, this object is not, strictly speaking, the real object produced by the verb, because in the phrases agere vitam, agere aetatem, or agere aevum, “to spend time or to live,” time is not the real object produced by the verb “to spend.” In Latin, “life,” vitam, “age,” aetatem, or “lifetime,” aevum, are not the real objects produced by the verb agere. This perhaps explains the evolution of the verb in French, or in English, where “to act” and agir have become intransitive verbs, reinforcing the idea that the essay appears to be a genre where whatever has to be done or said is not simply presented as an object.Moreover, instead of the conclusive verb facere, which designates the action as a result or an achievement—the letter is already written, or the theft is already commited—the temporality of agere, in Latin, is a durative one, as in the phrases agere vitam, aetatem, or aevum, “to live.” By its emphasis, not on the object... (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

The Manifestation Requirement, advanced by Dummett in his critique of semantic realism, has been criticized for being behavioristic, and the responses have been made that the critics are mistaken. However, the dispute has failed to exhibit the point of the Requirement. In this paper, I shall argue (1) that, in the light of Anscombe's theory of practical knowledge, knowledge of linguistic meaning is to be seen as the knowledge-how that forms the basis of the practical knowledge that an (...) agent has of his own intentional actions, (2) that such knowledge of linguistic meaning is to be based on mutual agreements in a community, and (3) that the Manifestation Requirement is a condition for the possibility of such mutual agreements. As a result, the Manifestation Requirement finds its basis on the idea that language and linguistic acts are tools that we use while continually improving them. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Authenticity in Robert Musil’s Man Without QualitiesKelly CobleIHow is a man without qualities even possible? The question, also a translation of the title of a recent essay mining the philosophical sources of Robert Musil's The Man Without Qualities, has been a perennial one. The Austrian novelist's portrayal of an existence without the density of particularity has been an object of interminable conjecture.1 In the search for an interpretive foothold, (...) the bulk of Musil's commentators has identified Ernst Mach's "doctrine of elements," with its implication of the anonymity of perception, as the chief inspiration of Musil's portrait of a dispossessed inner life.2 Against this view Cambridge philosopher G. H. von Wright has asserted that Mach's influence was "incidental and without deeper significance to the content of Musil's later thoughts."3 Von Wright notes that Musil rejected Mach's skeptical and phenomenalist theses in his 1908 dissertation on Mach's theories, defending instead a realist position in the philosophy of physics. Yet another commentator has adduced evidence of Musil's persistent engagement in the sort of act-object analysis of states of consciousness that one would expect from a follower of Franz Brentano.4In the following pages I will show that Musil's literary masterpiece rests on a synthesis of Machian and Brentanist motifs. But the main impetus of Musil's presentation of an interior with substitutable qualities was not one or another claim in the domain of modern epistemology, "realism" versus "idealism," "phenomenology" versus "phenomenalism," but a crisis in moral reflection ensuing from a commitment to the standpoint of value-neutral objectivity. This standpoint gains its [End Page 337] appeal when both of the known pathways to moral certainty—both the conservative-traditional one of allegiance to enduring practices and institutions and the liberal-enlightenment one of deference to the universal requirements of reason—appear as blind alleys, as they did to inhabitants of Central Europe after the turn of the century and especially in the aftermath of the Great War. To exist without qualities is to abandon oneself to the purely theoretical outlook, and so to be unable to construct a narrative rendering the episodes of one's life as parts of a process with cumulativeness and direction. To live "without qualities" is to live the loss of moral narrative. Accordingly, the intent of Musil's literary investigations is both to illuminate the conditions of this loss and to assay the conditions of ethical life regained.IIAccording to Mach's doctrine of elements, the isolable sensations that constitute the ultimate points of psychological analysis are the very elements with which the physical sciences also have to deal, albeit the physical sciences deal with these elements in abstraction from their relations to our sense physiology. The core thesis of the doctrine is thus that the "sensations" isolated in psychological analysis are not mental events, ontologically speaking, but rather points of perfect convergence of the domains of psychology and physics. What psychologists call "sensations," namely "colors, tones, warmths, pressures, spaces, times, and so on," constitute "the actually real elements of the world"—albeit before the world has been banished to a shadowy realm of pure substances beyond the limits of perception.5 The ultimate, irreducible constituents of reality are not unanalyzable substances and subjects but associations and complexes of elements that compose the luminous fabric of experience.Mach's doctrine of elements replaces substance dualism with a brand of monism that analytical philosophers have tagged "ontological phenomenalism." Mach believed that widespread subscription to phenomenalism would have a liberating effect on the sciences, enabling empirical researchers to get on with the business of subjecting relatively permanent, relatively stable complexes of perceptual elements to the mathematical formalism that is the goal of the exact natural sciences.There is a widespread assumption that Mach was a sense-datist—an epistemological "pointillist" who replaced substances with dots of pure sensation that, in their aggregation, compose our perceptions. The [End Page 338] assumption is false. In Mach's view the sensations of which we can possibly be conscious are irreducibly features of wholes: "The single sensation is neither conscious nor unconscious. It... (shrink)

Data science is not simply a method but an organising idea. Commitment to the new paradigm overrides concerns caused by collateral damage, and only a counterculture can constitute an effective critique. Understanding data science requires an appreciation of what algorithms actually do; in particular, how machine learning learns. The resulting ‘insight through opacity’ drives the observable problems of algorithmic discrimination and the evasion of due process. But attempts to stem the tide have not grasped the nature of data science as (...) both metaphysical and machinic. Data science strongly echoes the neoplatonism that informed the early science of Copernicus and Galileo. It appears to reveal a hidden mathematical order in the world that is superior to our direct experience. The new symmetry of these orderings is more compelling than the actual results. Data science does not only make possible a new way of knowing but acts directly on it; by converting predictions to pre-emptions, it becomes a machinic metaphysics. The people enrolled in this apparatus risk an abstraction of accountability and the production of ‘thoughtlessness’. Susceptibility to data science can be contested through critiques of science, especially standpoint theory, which opposes the ‘view from nowhere’ without abandoning the empirical methods. But a counterculture of data science must be material as well as discursive. Karen Barad’s idea of agential realism can reconfigure data science to produce both non-dualistic philosophy and participatory agency. An example of relevant praxis points to the real possibility of ‘machine learning for the people’. (shrink)

This essay explores the historiographic and ethnographic valence of video in Indonesia since 1998, against the backdrop of transition from an authoritarian to a neoliberal regime, and the concurrent renewal of the country’s public sphere. The first section takes Joshua Oppenheimer’s controversial film The Act of Killing (2012) as exemplary of the moving image’s purchase on national trauma, emphasizing its role in the production (and perversion) of official history. The second section concerns the state of video discourse in Indonesia as (...) reflected in a conference held in Yogyakarta in 2011, addressing the diversity of contemporary video practices and situating them in local art and media histories. In a third and final section, we return to the epistemological quandaries raised by Oppenheimer’s film, mooting video’s capacity as a means of reconciliation with the past – a reconciliation that would seem to require both the documentary and a ‘revelatory’ function of the image. (shrink)

The draft Code of Conduct for Research is an important initiative towards assisting the scientific community in complying with the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). However, its approach towards cross-border data sharing should be reconsidered to clarify the ambiguities inherent in the legal requirements for the cross-border sharing of health data in the POPIA. These ambiguities include the concept of ‘transfer of information’, the application of adequacy as a legal mechanism for transfer, the (...) nature of consent for cross-border sharing and the scope of the recipient third party. We suggest that the draft Code of Conduct for Research can be improved by: Explaining or defining the concept of ‘transfer of information’ and when it applies to cross-border sharing in research Clarifying the application of adequacy as a legal mechanism for transfer vis-à-vis the other alternatives Expanding on the interpretation and application of consent as a legal mechanism for cross-border transfers Expanding the category of persons who may be recipients of personal information in a third country. (shrink)

Being a Christian involves metaphysical, epistemological, and social commitments that set Christians at variance with the dominant secular culture. Because Christianity is not syncretical, but proclaims the unique truth of its revelation, Christians will inevitably be placed in some degree of conflict with secular health care institutions. Because being Christian involves a life of holiness, not merely living justly or morally, Christians will also be in conflict with the ethos of many contemporary Christian health care institutions which have abandoned a (...) commitment to Christian spirituality. In this regard, managed care raises the special question of how Christian institutions can act morally under financial constraints and maintain their character while under the control of secular managers. This question itself raises the further question as to why health care institutions need even pose this query when there are Christian physicians and nurses who could work for less, or Christian men and women who could become sisters and brothers and work for nothing. Contemporary challenges to Christians to maintain their integrity in a post-Christian world have much of their force because Christians have failed to maintain traditional Christian spirituality. In the face of that failure, Christian physicians and nurses will find themselves in greater conflict with health care institutions, because few will any longer understand the requirements of traditional Christianity. In its place, they will have put a generic spirituality, a value-neutral understanding of the role of the health professional, and an anonymous commitment to social justice. (shrink)

The aim of my paper is to study the relations between habit and the operation of intellection in Aquinas. I will start with a presentation of the acquisition of intellection and the constitution of intellectual habit. I will then turn to the problem of the reactivation of the “stored” intelligible species, which constitutes the intellectual habit. This reactivation, for Aquinas, is not yet the act of intellection. Indeed, an additional step is required in order for intellection to be achieved, namely (...) an “operation.” I will explain why this additional step is needed. In his later works, following Augustine, Aquinas holds that the operation of the intellect, besides the use of the species, entails the production of another means of cognition: the “word.” I will argue in favour of the view that the later Aquinas does not abandon the first type of intellectual operation, based only on the species, but maintains both operations in parallel, and that his reason for maintaining these two different operations is that the species and the word provide different kinds of cognition. I will then tackle the complicated question as to how this difference of cognition is to be accounted for at the habitual level. (shrink)

Intermedial art, as it emerged in the 1960s and 70s, constituted a threat not only to the medium specificity of modernism, but to the artwork as self-contained autonomous object. Both supporters and critics of intermedia drew a contrast between, on the one hand, modernism’s aesthetic engagement with a medium-specific ‘object’, and on the other new non-aesthetic ‘practices’ engaging the ‘literal spectator’ within her own space, such that the space of the gallery is drawn into the situational encounter. In her 2003/12 (...) book Aesthetics of Installation Art Juliana Rebentisch challenges this binary characterization of autonomous/non-autonomous art. She argues that aesthetic autonomy is not something that can be guaranteed by production, but rather is explicable only with reference to the structure of the aesthetic experience. And for Rebentisch, while installation art has not led to fundamentally different conditions of reception, it has led to an ideological rejection of the notion of context-independent art. Aesthetic autonomy is here not abandoned, but rather reconfigured as a dynamic operational with respect to the ethical and political situation where we encounter the artwork. Sympathetic to the broad remit of Rebentisch’s argument, this article investigates the role of the beholder’s share within the context of such situated art. I draw specifically on Wolfgang Iser’s transformation of a negative aesthetics from binaries of negation/affirmation into an enabling structure where the organization of signifiers serve not the designation of a signified object, but rather designate instructions for the production of the signified. This requires work of the situated beholder, who must negotiate access to the work’s content by bringing her orientation into play. Installation art, thus conceived, constitutes a space that while virtualized – removed from functional imperatives – compels acts of imagination/ideation by problematizing our habitual dispositions. (shrink)

The Data Protection Act 1998 presents a number of significant challenges to data controllers in the health sector. To assist data controllers in understanding their obligations under the act, the Information Commissioner has published guidance, The Use and Disclosure of Health Data, which is reproduced here. The guidance deals, among other things, with the steps that must be taken to obtain patient data fairly, the implied requirements of the act to use anonymised or psuedonymised data where possible, an exemption applicable (...) principally to records based research, the right of patients to object to the processing of their data, and the interface of the act and the common law duty of confidence. (shrink)

In order to ensure that corporations act in socially responsible ways. R. Freeman says that firms should be legally required to act in accordance with the directives of a moral theory which he developed especially for business – a theory which has come to be called "normative stakeholder theory" (NST). I argue that NST fails as a moral theory and that this failure indicates: (1) that we should abandon the quest to develop a special moral theory for use in business, (...) and (2) that we should not attempt to impose the use of any moral theory upon business, but rather should allow corporations to determine their moral responsibilities in any way they see fit. (shrink)