Law's Indigenous Ethics examines the revitalization of Indigenous peoples' relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on (...) some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law's Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures. (shrink)

Standard philosophical methodology which proceeds by appeal to intuitions accessible "from the armchair" has come under criticism on the basis of empirical work indicating unanticipated variability of such intuitions. Loose constitutivity---the idea that intuitions are partly, but not strictly, constitutive of the concepts that appear in them---offers an interesting line of response to this empirical challenge. On a loose constitutivist view, it is unlikely that our intuitions are incorrect across the board, since they partly fix the facts in question. But (...) we argue that this ratification of intuitions is at best rough and generic, and can only do the required methodological work if it operates in conjunction with some sort of further criteria of theory selection. We consider two that we find in the literature: naturalness (Brian Weatherson, borrowing from Lewis) and charity (Henry Jackman, borrowing from Davidson). At the end of the day, neither provides the armchair philosopher complete shelter from extra-armchair inquiry. (shrink)

The European Union stands before a constitutional moment. While some deny the need for a constitution and others want a familiar federal form, I argue that one of the main goals of the constitutional convention ought to be to make the European Union more democratic. The central question is: what sort of democracy is suggested by some of the more novel aspects of European integration? This question demands a normative standard by which to evaluate the realization of democracy (...) in transnational polities. Along republican lines, the proper standard is nondomination. With this normative framework in mind, the problem that the constitution has to solve is juridification, or the possibility of legal domination where there is no unified sovereignty. The solution to this problem of legal domination requires that the constitution institute a reflexive legal order best realized in a deliberative federalism appropriate to a polycentric and diverse polity. Finally, the institutions of this federalism ought also to be characterized through their distinctive form of inquiry, which, borrowing from Gerald Ruggie, I call ‘multiperspectival’. In a transnational polity with multiple demoi, such a democracy is best realized through dispersed and plural forms of authority and in a differentiated institutional structure anchored in a reflexive constitution. (shrink)

The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament and the emergence of controversial issues including variably entrenched or implied rights and (...) freedoms; wide-ranging claims by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on. (shrink)

Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics.Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processesbecame palpable in the 'religious' affinities of the constitutional (...) preambles. They were held as 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu). (shrink)

This brief essay contrasts two modes of constitutional change: abusive constitutional projects that seek to erode democracy and restorative constitutional projects that aim to repair eroded democratic constitutional orders. Constitutional democracies are eroded and restored via the same mechanisms: formal processes of constitutional amendment and replacement, legislative amendment, changes to executive policies and practices (or respect for conventions), and processes of judicial decision-making. Under the right conditions, abusive uses of these mechanisms for antidemocratic ends (...) can be reversed by prodemocratic or restorative uses. The more difficult question is what kinds of political discourses are most likely to sustain successful processes of democratic rebuilding. In recent work, we have pointed to the role sometimes played by liberal democratic discourses as purported justifications for processes of abusive constitutional change: we label this the rise of “abusive constitutional borrowing.” Less well understood are the kind of discourses likely to sustain successful democratic healing or rebuilding. Often, the most popular discourse is a restorative one, which focuses on repairing damage caused by authoritarians and returning to a constitutional status quo ante. In this essay, we discuss the advantages and disadvantages of restorative constitutionalism as a response to prior episodes of democratic erosion. (shrink)

The Silk Road, which began operating more than two thousand years ago, constituted certainly for many centuries the main cultural and linguistic highway between peoples of the East and peoples of the West, and to an even greater extent between the peoples of the East or West and those living along the Silk Road in Central Asia. This is reflected by the many loan words transmitted along the Silk Road from one end to the other, especially those connected with the (...) textile trade. (shrink)

This article begins a new series explaining the reasoning behind the various detailed provisions of my Virtual-Canton Constitution. At Disneyland the term "imagineering" is used for the creative process of designing a new Disneyland attraction. I've borrowed the term to describe the process of designing a libertarian political system.

Bernard Suits’ account of play as an autotelic activity has been greatly influential in the philosophy of sport. Suits borrows the notion of ‘autotelicity’ from Aristotle’s ethics, formulating diff...

The term ‘mutual constitution’ appears with regularity in scholarship on intersectionality, but what does it mean? We could not easily answer this question in the usual way – by reading books and articles about it – because the term has not received direct, widespread or sustained engagement in feminist theory. This led us to analyse a wide range of feminist scholarship – the entire set of 379 articles in women’s studies journals that consider both intersectionality and mutual constitution – to (...) determine whether there are patterns and commonalities in the ways this important theoretical term is used. Our analysis reveals that while there is widespread agreement that mutual constitution does not allow for an additive or binary approach, this is the only major point of shared understanding of this term. Scholars disagree over whether mutual constitution is, in fact, the same thing as intersectionality, and in practice, clusters of disciplines use the term with different norms and levels of precision. Because of the explanatory potential of this term in intersectional theory, we recommend on the basis of our analysis that social scientists reconsider the convention of asserting that entities such as race, class and gender are mutually constituted and borrow the methodological tools from feminist historians, literary critics and other humanists that would allow for a genuine determination and demonstration of when entities are mutually constituted. (shrink)

Any abstract account of a field of law must make generalizations that are both faithful to the legal materials and appropriate to the subject matter's aims. The uniqueness and fluidity of the European Union's institutions makes such generalizations very difficult. A common theoretical approach to EU law (one that is often relied upon by the Court of Justice, the Parliament and the Commission) is to borrow directly from the theory of domestic constitutional law. The most recent manifestation of this (...) tendency is the draft Treaty on the European Constitution, which includes many of the symbolic features of a domestic constitutional order. But the European Union is not a state and the constitutional analogy is in many ways problematic. In this article I defend the view that a more complex theory is more appropriate to the unique combination of ordinary politics with diplomatic conferences that constitutes the European Union. The key to these institutions is, in my view, a Kantian international ideal of liberal peace. The foundational constitutional principles of the EU, principles that both fit the current legal framework and offer its most attractive interpretation, require the qualified autonomy of member states in a union of republics that create collective institutions for the purposes of liberal peace. (shrink)

Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive (...) Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become. (shrink)

The scope of European Union competence was central to the reform process that culminated in the Lisbon Treaty. The Lisbon Treaty competence provisions borrowed heavily from those in the Constitutional Treaty. Some provisions are contained in the Treaty on European Union (TEU), but the detailed schema is in the Treaty on the Functioning of the European Union (TFEU). Article 2 TFEU is the foundational provision, setting out the categories of competence and the consequences that flow from them. Article 2(1) (...) TFEU establishes the category of exclusive competence, which carries the consequence that only the Union can legislate and adopt legally binding acts. Article 2(2) TFEU defines shared competence. The treaty schema for competence in Article 2 TFEU is premised on the ascription of legal consequences for EU and member state power as the result of coming within a particular category. Article 5 TFEU is an exception in this respect. (shrink)

The United States Constitution is arguably the greatest practical achievement of the Enlightenment. Yet most of the elements of the Constitution are borrowed from elsewhere. Its single wholly original component is the separation of church and state. The doctrine of separation has become controversial of late: Numerous ministers and politicians insist that the United States is in truth a "Christian nation" with Christian institutions that has been overtaken by secular humanism; they call for bringing the United States back to its (...) original unity with Christianity. They argue, accordingly, that although toleration of other faiths might be practiced, the explicitly Christian character of the nation and its political institutions should be reasserted in law and policy rather than denied by secularists. Pat Robertson, for example, has maintained that separation of church and state is a "lie of the left.". (shrink)

This book constitutes the outcome of an international conference held at the Otto-Mobes-Volkswirtschaftsschule, Graz-Stifting( Austria), from June 16 to 22, 1974. The conference was initiated by a project group working on determinants and controls of social science development at the In stitute for Advanced Studies and Scientific Research in Vienna and or ganized by the editors of this volume. It was held under the auspices of the Austrian Ministry of Science and Research. The main topics of the conference were those (...) at the forefront of the 'state of argumentation' (to borrow from one of our contributors) in philosophy and sociology of science ever since the controversy between Thomas S. Kuhn and Sir Karl R. Popper has sharpened our awareness for the methodological and substantial presuppositions involved with questions of growth and development in science. Let us give two examples of those topics. The borderline between sociology of science and philo sophy of science has become more and more unclear; while the work of at least some philosophers of science comes to have an empirical flavour, sociologists of science are increasingly apt to include logical and methodo logical components of the research process as their objects of examina tion. Papers included in this volume testify to both tendencies. (shrink)

Listening is crucial to reaching multicultural understanding. Borrowing from the work of Hans-Georg Gadamer we develop a hermeneutics of listening. To listen we must risk our prejudices, but these prejudices constitute our very identity. In this paper we attempt to answer the question, “Why Listen?” if listening is such a potentially dangerous activity.

Through a brief comparison between two Cappadocian trinitarian texts (On the Holy Spirit by Basil of Ceasarea and the 31st Discourse of Gregory Nazianzen), parallel modalities are revealed as to the position of the Holy Spirit within the Trinity and the definition of its function ; an attempt is thus made to establish the identity of the third hypostasis. In spite of the difference in their arguments, the doctrinal stance of the two theologians, Basil of Ceasarea and Gregory Nazianzen, is (...) the same, and their scriptural and philosophical sources are to a large extent identical. They share a common thesis : the Spirit at the same time accomplishes the Trinity as the complete manifestation of the divine and enables the advent of knowledge, so that, through the Trinity, humans are made to discover their proper condition. According to Cappadocian trinitarian theology, the Spirit is the hypostasis that relates the hypostases to each other (sun allêla) ; it is the hypostasis of their relation and that relation is identified to the very nature of the godhead. As the hypostasis of the relation, the Spirit at the same time establishes the unity of the Trinity and demonstrates the inseparability of the three. However, their unity is evidenced by the Spirit in a specific way : neither by the common divine ousia, nor by the link provided by their internal disposition (skhesis) which allows the hypostases to be described one by one (eis kai eis) according to their properties, but by taking over the part of the expression of the One (hen) via the relation (pros ti) leading through it to the unity within the One. Thus, the Spirit appears as the living expression of the relation that allows everyone to reach recognition by recognizing the divinity and the unicity of the other. In order to define the Spirit, the two Cappadocians conceive a twofold, ontological and theological, perspective of the Trinity : on the one hand, a Trinity whose divinity is ontic and consequently that evidences the Monarchy of the being ; on the other hand, a Trinity unconditioned by the being, accomplished in the privacy of mutual intellection by means of the unlimited attraction immanent to the act. To reach that twofold perspective as well as the knowledge that constitutes the Trinity, the two theologians borrow the instruments of philosophy. They resort to a topos of the reflexive experience of the divine in Platonic thought, i.e. the meeting of individual solitudes expressed in the formula one to one with the One. Such borrowing from Plotinus offers three types of stakes, which concern (i) the part assigned to the principle of homotetic similarity, (ii) the specific condition of otherness in the relation of the human and divine kinds, and (iii) the means that operates the transfer from the discursive to the contemplative dimensions of intellection, and hence to a revelation of the nature of the conjoined acts – being, living, thinking – proper to the common condition of the good or the divine to which the intellective soul pertains. (shrink)

How can persons shaped by oppression grow into members of what Martin Luther King Jr.’s1 envisioned as “beloved community”2? We may be shaped – or even constituted -- by relations of domination (and/or resistance to domination), regardless of our explicit values about the value about all human beings. Given how legacies of oppression that can leave deep traces upon us, how can we learn to build and embody “beloved community“? To borrow Sara Ahmed’s words, how can we learn “not to (...) reproduce what we inherit?”3 in the way of oppressive “forms of life.”4 In what follows, I consider these issues in relation to character (though not in a strictly Aristotelian moral framework), showing how issues of oppression (focusing upon racism in particular) may be thus framed. I relate work on “attention”- derived in part by Iris Murdoch and Simone Weil, drawing upon Bridget Clarke’s framing of this idea. I read Minnie Bruce Pratt’s auto-biographical narrative on racism in terms of such “moral attention,” pointing toward what I call “critical moral attention” as embodying the sort of development of “white self-criticality”5 that can inform ongoing reflection and practices from oppressive to liberatory ones. However, as Pratt’s account shows, there is no simple “before” and “after” or triumphant arrival of a once-and-done or new-and-improved anti-racist self. As Chandra Mohanty and Biddy Martin write (reflecting on this same essay by Pratt) “There is no linear progression based on ‘that old view,’ no developmental notion of her own identity or self.”6 I suggest this notion of “critical moral attention” highlights the process orientation of such work. It is not, however, merely an individual effort. It requires critical interaction with others, specifically in working for social change along these lines. Further, such work consists of “immanent critique” (done from within the messy world in which one lives, without recourse to an external standard by which one may assess and guide one’s development).7. (shrink)

This book explores how philosophical realisms relate to psychoanalytical conceptions of the Real, and in turn how the Lacanian framework challenges basic philosophical notions of object and reality. The author examines how contemporary psychoanalysis might respond to the question of ontology by taking advantage of the recent revitalization of realism in its speculative form. While the philosophical side of the debate makes a plea for an independent ontological consistency of the Real, this book proposes a Lacanian reassessment of the definition (...) of the Real as ‘what is foreign to subjectivity itself’. In doing so, it reframes the question of the Real in terms of what is already there beneath the supposedly linguistic constitution of subjectivity. The book then goes on to engage the problem of cognition in the realm of Nature qua materiality, focusing on the centrality of the body as a linguistic-material hybrid. It argues that it is possible to re-establish the theoretical dignity of Ricoeur’s notion of ‘suspicion’, by building a dialogue between Lacanian psychoanalysis and three main domains of inquiry: desire, objects and bodily enjoyment. Borrowing from Piera Aulagnier’s theory of the Other as a word-bearer, it considers the genesis of desire and sense of reality both explainable through a hybrid framework which comprises psychoanalytical insights and material dynamics in a comprehensive account. This created theoretical space is an opportunity for both philosophers and psychoanalysts to rethink key Lacanian insights in light of the problem of the Real. (shrink)

This paper grapples with two objections against Max Weber’s methodology that arise because Weber borrows some ideas from Heinrich Rickert’s neo-Kantian philosophical system. The first objection (“the contradiction argument”) is raised by Julius J. Schaaf who disagrees with Weber’s claim that historical objects are constituted through retrospectively and hypothetically applied selections of value relations and that we can understand these objects. Weber’s idea that the relating ideal type constructions are also non-arbitrary—i.e., not merely subjective—and can be rectified, Schaaf maintains, contradicts (...) his own characterization of historical objects and reality. The second objection (“the incom¬patibility argument”) was made by Gerhard Wagner and Heinz Zipprian. It focuses on the conception of objective possibility. According to this, counter¬factual chains of historical events are contrived to figure out the relevant set of causes by which a certain event can be said to necessarily occur. The critics claim that it is only based on the ontological assumption of a preexisting real object that this thought-experiment can operate. That is, the pre-emptive assumption of realism is indis¬pensable for explaining the historical individual. To refute these two objections, I clarify some foundational notions and ideas of Weber’s methodology. (shrink)

Russell’s use of incomplete symbols constituted progress in philosophy. They allowed Russell to make true negative existential claims, like ‘the present King of France does not exist’, and to analyse away logical constructs like tables. Russell’s view rested on the availability of complete symbols, logically proper names, which single out objects which we know by acquaintance, which we are committed to, and to whose existence discourse about apparent complexes can be reduced. Susan Stebbing enthusiastically embraced incomplete symbols for use in (...) negative existentials and in her innovative theory of metaphysical analysis. Yet she also raised trenchant objections to Russell’s assumption that complete symbols are purely referring expressions, equivalent to mere demonstration or pointing. Stebbing thought it could not be assumed that analysis terminates in objects of acquaintance. In this chapter I lay out Stebbing’s arguments and argue that they bear a striking similarity to those made by Stebbing’s former college’s Mistress, Constance Jones, whose influence on Russell is now largely forgotten but worth recovering. Jones defended a sense-reference (signification-denotation) distinction before Frege. Russell’s objections to that distinction in ‘On Denoting’ appear to borrow from Jones’s presentation of it. In Russell and Jones’s 1911 exchange at the Aristotelian Society, Jones’s arguments that names have signification and are more than mere noises or shapes, and that unless both signification and denotation are taken into account, all identity statements reduce to the trivial ‘a=a’ form, foreshadow Stebbing’s later arguments against complete symbols. (shrink)

In this article, the nature of Ethiopian modernity will be explored through the usage of concepts like coloniality, entangled modernities and uneven histories that are borrowed from decolonial and postcolonial perspectives. Through such an analysis, the Ethiopian discourse on modernity will be presented as a conception of social progress that developed in a dialectical relationship with liberal, Marxist, indigenous and religiously inspired conceptions of modernity. It will be argued that resisting the attempts to romanticize the past as a foundation of (...) cultural revival and also the attempt to confine the discussion of Ethiopian modernity to the introduction of western modernization, Ethiopian modernity should be alternatively conceptualized as a discourse that is co-constituted in an active confrontation with alternative visions of progress. The article argues that the diagnosis of the multiple and interconnected discourses that shaped the Ethiopian discourse on modernity serves as a foundation of an Ethiopian critical theory. Such a theory creatively synthesizes cultural values, hosts an inclusive political culture that furnishes the culture of public criticism and introduces a world of knowledge production that overcomes Eurocentrism. (shrink)

In this essay I explore the relationship of sport to art. I do not intend to argue that sport is one of the arts. I will rather argue that sport and art have a commonality, in that both are alienated philosophy. This is to propose – in an argument that has its roots in Hegel's aesthetics – that sport and art may both be interpreted as a way of reflecting upon metaphysical and normative issues, albeit in media that are alien (...) to philosophy's conceptual language. The medium of art is the manipulation of sensuous materials, such as stone, paint, or sound. The medium of sport is the pursuit of a physical challenge, at which the athlete may fail. I will develop this argument by borrowing from the philosophy of art of Arthur C. Danto. In particular, I will suggest that a parallel to his concept of ‘artworld’ can be seen in a ‘sportworld’. As the artworld is an ‘atmosphere of theory’ and a ‘knowledge of history’ through which an event is interpreted and thereby constituted as art, so a sportworld is the atmosphere of theory through which an event is constituted as sport. I will argue that much of the existing discussion of the relationship between sport and art is grounded in an ill-conceived aesthetics. In order to be appreciated and appropriately interpreted, sport must be understood within a modernist aesthetics and hermeneutics. As such, the core issue of an aesthetics of sport is not that of beauty, but rather of the meaning of the sport, and what I shall call the capacity of sport to ‘speak as a world’ – to bring to consciousness through play the taken-for-granted cultural conditions through which our social lives are constituted, and within which metaphysical and normative problems are articulated. I will propose that the hermeneutics of music provides a useful model for the interpretation of sport. (shrink)

Implicit in feminist and other critiques of ideal theorizing is a particular view of what normative theory should be like. Although I agree with the rejection of ideal theorizing that oppression theorists (and other theorists of justice) have advocated, the proposed alternative of nonideal theorizing is also problematic. Nonideal theorizing permits one to address oppression by first describing (nonideal) oppressive conditions, and then prescribing the best action that is possible or feasible given the conditions. Borrowing an insight from the (...) "moral dilemmas debate"— namely that moral wrongdoing or failure can be unavoidable—I suggest that offering (only) action-guidance under non-ideal conditions obscures the presence and significance of unavoidable moral failure. An adequate normative theory should be able to issue a further, non-action-guiding evaluative chim, namely that the best that is possible under oppressive conditions is not good enough, and may constitute a moral failure. I find exclusively action-guiding nonideal theory to be both insufficiently nonidealizing (because it idealizes the moral agent by falsely characterizing the agent as always able to avoid moral wrongdoing) and meanwhile too strongly adapted to the nonideal (because normative expectations are lowered and detrimentally adapted to options that, while the best possible, are still unacceptable). (shrink)

Experimental taxonomy was a diverse area of research, and botanists who helped develop it were motivated by a variety of concerns. While experimental taxonomy was never totally a taxonomic enterprise, improvement in classification was certainly one major motivation behind the research. Hall's and Clements' belief that experimental methods added more objectivity to classification was almost universally accepted by experimental taxonomists. Such methods did add a new dimension to taxonomy — a dimension that field and herbarium studies, however rigorous, could not (...) duplicate. Nonetheless, experimental techniques were never completely divorced from traditional taxonomic methods. In practice, all experimental taxonomists employed a combination of descriptive and experimental methods. Most researchers freely acknowledged a debt to traditional taxonomy. Furthermore, the greater rigor of twentieth-century taxonomy was not due entirely to experimentalism. Both the experimental and descriptive aspects of taxonomy were improved by the increased use of quantitative methods, particularly statistics.52From the beginning, a number of experimental taxonomists were interested primarily in classification. But many approached their research from fields other than taxonomy. These botanists were concerned primarily with ecological and genetic problems rather than with classification. There is little indication that they drew a sharp distinction: for example, taxonomic and cytogenetic conclusions were interwoven in Babcock and Stebbins' 1938 study of Crepis 53 (this was even more true of Babcock's final mongraph on the genus, published in 1947). Similarly, the extensive series of monographs, “Experimental Studies on the Nature of Species,” initiated by the Carnegie Institution group in 1940 combined ecological, cytogenetic, and taxonomic conclusions. Indeed, the significance of the major projects completed by experimental taxonomists was largely due to the fact that they were comprehensive studies rather than strictly taxonomic or cytogenetic.In a general sense, the primary motivation behind much of experimental taxonomy was evolutionary. Beginning in the second decade of the century Hall and Clements exhorted taxonomists to take an explicitly evolutionary perspective on research. Hall undoubtedly spoke for the majority of experimental taxonomists when he stated, “If there be anything at all to organic evolution, then taxonomy is dealing with the products of evolution and it is this that gives to taxonomy both its highest mission and its greatest responsibility.”54Aside from a common interest in evolution, however, the theoretical orientations of experimental taxonomists were varied. This diversity is strikingly illustrated by the evolutionary views of members of the Carnegie Institution research group. Experimental taxonomy was initiated by Clements as one aspect of his Lamarckian study of adaptation and speciation. In contrast, Hall's research was inspired by a broad concern for evolutionary problems. Hall rarely referred to specific evolutionary mechanisms; rather, he applied a general conception of evolutionary processes to deduce phylogenetic relationships. His later associates at the Carnegie Institution explicitly dissociated themselves from Clements' theoretical framework. The neo-Darwinian interpretations of adaptation and speciation presented by Clausen, Keck, and Hiesey could hardly have been more different than those of Clements. However, this major shift in theoretical orientation should not obscure significant similarities between the research of Clements and later Carnegie workers. In terms of research problems and methodology, the first volume of “Experimental Studies on the Nature of Species” was an extension of the Clementsian research program. Clausen, Keck, and Hiesey's monograph was the mature discussion of transplant experimentation that Clements had very tentatively initiated during the first decades of the twentieth century. The bond that linked the members of the Carnegie Institution research group to experimental taxonomists in general was one of shared methodology rather than common theoretical orientation. While Clements' evolutionary views were eventually repudiated, his enthusiasm for innovative experimental methods was shared by later workers.The development of experimental taxonomy faced significant problems. During the period 1920–1950 this area of botanical research remained a hybrid discipline. The aims and scope of experimental taxonomy were never articulated in a completely unified manner. Consequently, even among experimental taxonomists, there were disagreements over the relation of their research to other botanical endeavors. Even though experimental taxonomy had close ties with general taxonomy, a number of experimental taxonomists questioned the “taxonomic” nature of their research55. Even to the extent that this hybrid discipline could be identified as a branch of taxonomy, problems arose. Taxonomists, as we have seen, were justifiably skeptical of what appeared to be a rapid influx of untested methods and ideas. Experimental taxonomists were not merely incorporating well-accepted methods from ecology and cytogenetics; during the period 1920–1950 the fields from which experimental taxonomists borrowed were themselves undergoing major theoretical and methodological changes. Despite problems and conflicts, experimental taxonomists did contribute improvements to classification. Furthermore, they made significant contributions to plant ecology and evolutionary genetics.The development of experimental taxonomy indicates that twentieth-century botanists were not necessarily isolated in naturalist and experimentalist camps. The joint session of taxonomists, cytologists, and geneticists at the 1926 International Congress of Plant Sciences indicates communication among specialists fairly early in the century. The papers and commentaries presented during this session do not reveal the hostility and intolerance that supposedly characterized encounters between experimentalists and naturalists. Nor do they suggest incompatible conceptual worlds separating geneticists and taxonomists.Discussions between taxonomists and other specialists were not limited to a single international congress. Particularly during the 1930s discussions among specialists appear to have been fairly widespread. Groups such as the Biosystematists and the Society for the Study of Systematics in Relation to General Biology served as forums for discussion among biologists from a variety of disciplines. The naturalist-experimentalist dichotomy tends to obscure the broad research interests of a number of prominent twentieth-century botanists. Most of the experimental taxonomists cannot be characterized adequately as either naturalists or experimentalists. Traditionally trained taxonomists such as Hall, Keck, and Turrill throughout their careers participated in both experimental and herbarium research. And a number of specialists in fields other than taxonomy took an active interest in taxonomic problems, not necessarily limited to experimental aspects. For example, Anderson suggested a number of innovations to make herbarium collections more amenable to statistical analysis.This historical study of experimental taxonomy indicates a different relationship between experimentalism and taxonomy than that portrayed by the naturalist-versus-experimentalist dichotomy. F. E. Clements originated experimental taxonomy as a revolt against descriptive botany. In retrospect, this revolution was not vigorously waged and was not successfully completed. Experimental taxonomy was never an entirely experimental approach to botanical research. Even the most ardent advocates of experimentalism relied heavily on methods inherited from traditional taxonomy. Moderate exponents of experimental taxonomy stressed the compatibility of experimental methods, field observation, and herbarium techniques. Attempts to fuse cytogenetics, ecology, and taxonomy during the period 1920–1950 resulted in an impressive body of research. However, this fusion constituted neither a repudiation of descriptive botany nor a complete revision of taxonomic theory of practice. (shrink)

Why is it that we respond emotionally to plays, movies, and novels and feel moved by characters and situations that we know do not exist? This question, which constitutes the kernel of the debate on »the paradox of fiction«, speaks to the perennial themes of philosophy, and remains of interest to this day. But does this question entail a paradox? A significant group of analytic philosophers have indeed thought so. Since the publication of Colin Radford's celebrated paper »How Can We (...) Be Moved by the Fate of Anna Karenina?« (1975), the number of proposals to solve, explain, reformulate, dismiss or even revitalize this apparent paradox has continued to proliferate. In line with recent developments in the philosophy of emotion, in this paper I will argue against the sustainability of the paradox, claiming that the only reasonable way to continue our discussions about it consists in using it as a heuristic tool to shed light on problems regarding our involvement with fiction. Against this background, I will then focus on one of the problems related to how our emotional responses to fiction contribute to our appreciation of it. The paper is divided into three main sections. The first section shows the parallel evolution of the paradox of fiction and the analytic philosophy of emotion. Here I claim that, although the paradox is epistemically flawed, since one of its premises is rooted in a limited view on the emotions typical of early cognitiv-ism, the discussions it provokes are still epistemically useful. As Robert Stecker (2011, 295), among others, has pointed out, the paradox was formulated during the heyday of cognitive theories of the emotions in which emotion necessarily requires belief. Today, however, only few authors would endorse this premise. If emotion does not always require belief (as the majority of authors in the contemporary debate admit), let alone belief about the existence of the object towards which it is directed, then there is no reason to speak of a paradox. From this first conclusion, however, it does not follow that the paradox is completely without use from the epistemic point of view. A glimpse at the topics touched on during the discussions about how to solve, reformulate, or negate the paradox reveals their value in shedding light on the interrelation between emotion and fiction. The second section elaborates a phenomenologically inspired cognitive account of the emotions by focusing on their cognitive bases, their influence on Emotion in the Appreciation of Fiction 205 cognitions, and their cognitive function. In this model, emotions are responsible for indicating values, for showing what matters to us, and for being appropriate to their objects. My claim is that this view applies not only to reality, but also to our involvement with fiction. In the final section I draw on this account to focus on one kind of appreciation of fiction which necessarily requires our emotional involvement. Following an idea put forward by Susan Feagin (1996, 1), I employ the concept of »appre-ciation« to refer to a set of abilities exercised with the aim of extracting value from the work. There is a long tradition in aesthetics that condemns any focus on the emotions in the appreciation of art and fiction, and defends the necessity of aesthetic appreciation without emotional influence. To refer to this negative attitude towards the emotions, I will borrow an expression coined by Susan Feagin (2013, 636), who refers to »the intellectualized view of appreciation«. Against this widespread view, I will argue that some aspects of the fiction can only be appreciated with the help of our emotions. The cognitive approach developed in the previous section can explain how the emotions might in fact play a significant role in the appreciation of art and fiction. Attention will be paid to three activities involved in appreciation, for all of which emotion is crucial: processing relevant information about the fictional world, understanding aspects of it, and becoming acquainted with the values it presents. My aim here is to argue that there are particular aspects of the fictional world that can only be appreciated if recipients have the appropriate emotions. (shrink)

This monograph is a systematic defence of the views of key figures in the 18th-century sentimentalist tradition. It aims to explain, to borrow Thomas Nagel's phrase, the very possibility of altruism in a way that engages with contemporary meta-ethics. The details of the account are primarily taken from the work of Francis Hutcheson, although the work of Shaftesbury also receives extended consideration. The author argues that the basis of our admiration for disinterested altruism is simply an innate human instinct, an (...) ‘affective sensitivity’ that is distinct from our capacity to reason. We instinctively seek our own happiness and instinctively approve of the disinterested altruism displayed by others. This affective sensitivity is distinctively valuable, essential for motivation and a crucial element in the justification of altruism. Filonowicz's defence of his central thesis is interleaved with his readings of the historical works that constitute, in his words, the ‘short and rather melancholic’ history of the sentimentalist school.The key philosophical question is what a Hutchesonian moral sense is supposed to be. The Hutchesonian conception seems an unhappy hybrid …. (shrink)

Social boundaries separate us fromthem. Explaining the formation, transformation, activation, and suppression of social boundaries presents knotty problems. It helps to distinguish two sets of mechanisms: (1) those that precipitate boundary change and (2) those that constitute boundary change. Properly speaking, only the constitutive mechanisms produce the effects of boundary change as such. Precipitants of boundary change include encounter, imposition, borrowing, conversation, and incentive shift. Constitutive mechanisms include inscription–erasure, activation–deactivation, site transfer, and relocation. Effects of boundary change include attack–defense (...) sequences. These mechanisms operate over a wide range of social phenomena. Key Words: social boundary • mechanisms. (shrink)

Rather than the art of putting forward logically valid arguments leading to Truth, argumentation is here viewed as the use of verbal means ensuring an agreement on what can be considered reasonable by a given group, on a more or less controversial matter. What is acceptable and plausible is always coconstructed by subjects engaging in verbal interaction. It is the dynamism of this exchange, realized not only in natural language, but also in a specific cultural framework, that has to be (...) accounted for. From this perspective, it is not enough to reconstruct patterns of reasoning. As logos is by definition both Reason and Language, abstract schemata have to be examined in their verbal realization in a given situation of discourse. Such an approach to arguments allows for a “thick” description taking into account their discursive and communicational aspects, as well as argumentation’s constitutive dialogism and its inscription in a set of common representations, opinions and beliefs (a doxa). This approach, exemplified by the analysis of a short text on stock options borrowed from the French newspaper Libération, is an attempt at establishing a dialogue between disciplines like argumentation theories, rhetorical criticism and discourse analysis. (shrink)

In our everyday life, we have the genuine feeling that when something we use works very well, we forget that we are doing something that is mediated by something else. It happens when we read through our glasses, or when we drive home, or when we play guitar. In all those cases, it can be said that the device becomes an extension of our body, or that we have incorporated it. In this paper I want to discuss the extension/incorporation dichotomy (...) as presented in contemporary cognitive sciences. I will present the state of the art in the debate in order to promote a methodological shift, namely to adopt two concept borrowed from Material Engagement Theory developed by Lambros Malafouris. By advocating the concepts of temporality and metaplasticity, I will argue for two different but related things: 1) extension and incorporation don’t have to be conceived only spatially, but temporally. This shift leads to two distinctive implications: first, the sooner two entities establish a prosthetic contact, the higher the chances to reach incorporation; second, extension temporally precedes incorporation; the former being an early-staged phenomenon of – a condition of possibility for – the latter. 2) Such a temporal perspective is at the base of metaplasticity, which describes, in the context of MET, the constant, co-constitutive loop between humans and things: metaplasticity deflates the privileged role traditionally attributed to the subject in the making of phenomenal experience. Finally, I will discuss extension and incorporation in media theory, relying on the concept of radical mediation. (shrink)

The dignity approach to racist hate speech regulation maintains that hate speech ought to be regulated because it impugns targets’ dignity and poses a threat to their equal treatment. This approach faces the significant causal challenges of showing that hate speech has the power to erode its targets’ dignity and that regulations can successfully protect that dignity. My aim is to show how a friend of the dignity approach can resolve these challenges. To do so, I borrow insights from the (...) critical legal studies (CLS) approach to hate speech. Specifically, I argue that hate speech can erode its targets’ dignity 1) by constituting an act of discrimination, and 2) by enacting norms that call for treating targeted groups as inferior. Yet while I maintain that the CLS approach offers valuable resources for shoring up the dignity approach, I reject the CLS approach in favor of the dignity approach. (shrink)

Of the rich legacy of the Timaeus, this study deals with the cross-pollination between Stoic and Platonist readings of Timaeus, spanning the period from Plato's writings to that of the so-called Middle Platonist authors. Plato's Timaeus and Stoic doctrine had their fates intertwined from very early on, both in polemical and reconciliatory contexts. The blend of Platonic and Stoic elements ultimately constituted one of the main conceptual bridges between the pagan tradition on the one hand and the Judeo-Christian, in its (...) own search for the distinction between transcendence and immanence, on the other. Contrary to the received opinion, later platonist authors do not merely borrow Stoic terminology. Rather, in a genuine 'discourse of assimilation' the Stoic analysis of the universe has left a profound mark on Platonist views of the principles, of the place of humans in the universe, as well as of human freedom and its interaction with divine Providence. (shrink)

The goal of this dissertation is to demonstrate that construals of our emotional responses to fictions as irrational or merely pseudo-emotional are not the only explanations available to us, and that necessary and sufficient conditions for an emotional response to a fiction can be established without abandoning either its intentionality or the assignment of a causal role to our beliefs. ;Colin Radford's claim that our emotional responses to fictions are irrational and inconsistent is challenged in two ways. First, distinctions can (...) be drawn between our reactions to fiction and indisputably irrational emotional reactions which preclude arriving at Radford's conclusion via an argument from analogy. Further, the conditions for rationality put forward in several analyses of emotion, ranging from that of David Hume to that of Ronald de Sousa, are not violated by our emotional responses to fictions. ;Kendall Walton's contention that such affective reactions are merely quasi-emotions is contested on the ground that the absence of the existentially committed beliefs which Walton allies with all genuine emotional responses does not demonstrate an absence of cognitive content. Existentially uncommitted evaluative beliefs, thoughts, and even beliefs about the world can be linked to our emotional experience of fictions, and can serve a function necessary to the identification of the emotion, a function which Walton assigns to the existentially committed belief. ;In our experience of fictions, the objects of our emotion are various. However, a direct response to a fictional entity or event is characterized in terms of Peter Lamarque's account: as a response to the content of a thought, a response to what has been thought or imagined rather than to the thought itself. The roles played both by evaluative beliefs and beliefs about what can occur in the world are investigated and found to constitute necessary conditions for an emotional response to a fiction. An account of the role of the imagination, which borrows from Boruah, David Novitz, and Susan Feagin, provides another condition which, together with the two preceding, appears sufficient for such a response. (shrink)

ArgumentThe new English term “empathy” was translated from the GermanEinfühlungin the first decade of the twentieth century by the psychologists James Ward at the University of Cambridge and Edward B. Titchener at Cornell. At Titchener's American laboratory, “empathy” was not a matter of understanding other minds, but rather a projection of imagined bodily movements and accompanying feelings into an object, a meaning that drew from its rich nineteenth-century aesthetic heritage. This rendering of “empathy” borrowed kinaesthetic meanings from German sources, but (...) extended beyond a contemplation of the beautiful to include a variety of experimental stimuli and everyday objects in the laboratory. According to Titchener's structural psychology, all higher thought could be reduced to more elemental aspects of mind, and experimental introspection showed empathy to be constituted of kinaesthetic images. The existence of kinaesthetic images, Titchener argued, formed an incisive critique of the view that thought could take place without images, held by one of Titchener's major psychological rivals, the school of thought-psychologists in Würzburg, Germany. The new term “empathy” in early American academic psychology therefore delineated a kinaesthetic imaginative projection that took place on the basis of ontological difference between minds and things. (shrink)

This contribution explores how Forrester’s work on cases has opened up an arena that might be called ‘the medical case as a travelling genre’. Although usually focused on the course of disease in an individual patient and authored mostly by one medical author, medical case histories have a social dimension: Once published, they often circulate in networks of scholars. Moreover, scholars of the history of literature have shown that numerous medical cases seem to travel easily beyond the context of medical (...) science into the realm of popular literature and journalism. After tracing the idea of cases travelling in Forrester’s Thinking in Cases, I discuss several contributions by authors who, in the wake of interdisciplinary research on cases in the past two decades, have dealt in different ways with this idea. In the third section, I present my own research on a case of self-crucifixion that was widely discussed in 19th-century Europe. I suggest that understanding the case as a ‘traveling genre’ – an expression borrowed from literary genre theory – highlights the role of readers and publication formats as constitutive for cases, and enables us to see more clearly what cases do for scientists and writers who work with them. (shrink)

This paper explores women's accounts of prostitution in terms of the lived experience of the body, drawing on life story narratives and arts images created by women in the sex industry. These narratives show that women's experiences of prostitution constitute a spectrum of (dis)embodiment that is inflected, not determined, by settings and contexts. Theoretical approaches to embodiment were sought that acknowledged tensions between violation and a sense of empowerment. Therefore, the ontology of selling sex, and associated experiences such as violence, (...) drug use and self-harm are explored using feminist applications of Merleau-Ponty's notion of the `habit body'. A key focus is how the body is constituted by embodied experiences of abuse (e.g. the work of Parkins and of Weiss), and how women negotiate ownership of the body within commercial sex transactions. This highlights the process of repositioning the body by selling sex, in accordance with the accumulated experiences of the habit body. Thus, to borrow from Wendy Parkins, women perceive that they are acting meaningfully through the body, even when reproducing dynamics of objectification and dissociation. (shrink)

Overcoming corruption and authoritarian government in developing countries is hampered by global institutional arrangements. In particular, international borrowing and resource privileges, which entitle those exercising power in a country to borrow in its name and to effect legally valid transfers of ownership rights in its resources, can be obstacles to achieving democracy. These international conventions greatly increase the incentives toward attempts at coups d'état, especially in countries with a large resource sector. In exploring how this problem might be highlighted (...) and addressed, it is essential to understand that affluent societies have a great interest in upholding the prevailing institutional arrangements: Their banks benefit from their international lending and, far more importantly, their firms and people benefit greatly from cheap resource supplies. Institutional reform is more likely, then, to come from the developing countries.Thus, fledgling democracies may be able to improve their stability through constitutional amendments that bar future unconstitutional governments from borrowing in the country's name and from conferring ownership rights in its public property. Such amendments would render insecure the claims of those who lend to, or buy from, dictators, thus reducing the rewards of coups d'état. This strategy might be resisted by the more affluent societies, but such resistance could perhaps be overcome if many developing countries pursued the proposed strategy together, and if some moral support emerged among the citizenries of affluent societies. (shrink)

This monograph deals with the interrelationship between chemistry and physics, and especially the role played by quantum chemistry as a theory in between these two disciplines. The author uses structuralist approach to explore the overlap between the two sciences, looking at their theoretical and ontological borrowings as well as their continuity. -/- The starting point of this book is that there is at least a form of unity between chemistry and physics, where the reduction relation is conceived as a special (...) case of this unity. However, matters are never concluded so simply within philosophy of chemistry, as significant problems exist around a number of core chemical ideas. Specifically, one cannot take the obvious success of quantum theories as outright support for a reductive relationship. Instead, in the context of a suitably adapted Nagelian framework for reduction, modern chemistry's relationship to physics is constitutive. The results provided by quantum chemistry, in particular, have significant consequences for chemical ontology. This book is ideal for students, scholars and academics from the field of Philosophy of Science, and particularly for those with an interest in Philosophy of Chemistry and Physics. (shrink)

By giving legislatures broad power to override constitutional rights provisions, recent Commonwealth rights charters are said to create a new ‘weaker’ model of constitutional rights protection than the traditional US model of strong-form judicial review. The article, however, argues that to date such powers have rarely if ever been used by Commonwealth legislatures, and thus have had little direct effect on the strength of judicial review in Commonwealth countries. At most, such powers may have had some indirect effect (...) on the strength of review in the Commonwealth, compared to the United States, by encouraging greater deference by courts such as the Supreme Court of Canada to attempts by parliament to engage in ‘dialogue’ via ordinary legislative means. This more limited—and contingent—view of Commonwealth–US constitutional difference also has clear practical implications, the article suggests, for ongoing attempts to ‘borrow’ or adopt the new Commonwealth constitutional model elsewhere. (shrink)

The aim of this essay is to reclaim Kristeva's concept of the semiotic chora by re-inscribing it as an intervention in the context of two important postmodern debates. The first debate relates to the philosophical problem of “the beginning before the Beginning.” The second concerns the necessity and possibility of mediation between incommensurable entities: the “demonic” and the social, desire and the Law, material production and representation. I contend: that the introduction of the chora in RPL is part of Kristeva's (...) effort to restore the legacy of a materialist economy of the beginning, as this is glimpsed in Plato's Timaeus from which Kristeva borrows her controversial term; and that the chora constitutes an attempt on Kristeva's part to explore a third space of ambiguous relationality in the context of which our transcendence to the “demonic” lies less “beyond us” than “in-between.”. (shrink)

This paper seeks to demonstrate that propositions 23–27 of the Euclidian Optics originated in the context of geometrical astronomy. These entries, which deal with the geometry of spheres and rays, present material that overlaps considerably with propositions 1–3 of Aristarchus of Samos’ On the Sizes and Distances of the Sun and the Moon. While all these theorems deal with material that could conceivably be native to celestial illumination, the proofs do not work for binocular vision. It therefore seems probable that (...) the proofs were borrowed from Aristarchus or, more likely, some common astronomical predecessor. As an extension of this observation, this paper argues that the Optics displays a far less unified purpose than has typically been assumed. Instead, it reflects a conglomerate of concerns, goals and dependencies, insofar as it presents multiple proofs that emerge from a set of geometrical concerns not directly related to vision as a physical phenomenon. These entries complicate the idea that the Optics is about explaining light, sight or false appearances in any straightforward sense. Instead, the text is oriented toward a somewhat more diffuse goal: simply to articulate the geometry of vision and rays. Optics as a discipline should should therefore be understood not as a purely mathematical explanation of vision, but as a target-field of explanation constituted by features and boundaries derived from extra-visual geometric concerns. (shrink)

This paper examines the role of episodic memory, and the broader notion of “mental time travel” (MTT), in constituting personal identity. After arguing that the construal of memory’s role in personal identity found in traditional psychological continuity theories of personal identity is both unrealistic and unsatisfying, the paper endeavors to provide a better account. This begins with recent work in the science and philosophy of memory that sees episodic memory as part of a broader faculty for MTT (which also involves (...) imagination and counterfactual thought). Some of the basic ideas expressed in this work are developed into an account of the connection between MTT with “strong identification” and personal identity. According to this alternative approach, we regularly “borrow affect” from our pasts and futures through forms of remembering, imagining, and counterfactual thinking that involve a particular form of identification with our past and future selves. This activity generates a strong diachronic experience of self, which contributes in important ways to diachronic personal identity. The sense of self generated through MTT is, however, only one piece of a more comprehensive account of personal identity. The paper concludes by describing its place in the larger picture. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.1 (2002) 83-104 [Access article in PDF] Reluctant Modernism: Moses Mendelssohn's Philosophy of History Matt Erlin In a well-known passage from the second section of Jerusalem (1784) Moses Mendelssohn takes his old friend Lessing to task for his recent treatise on The Education of the Human Race (1780). His respect for the author notwithstanding, Mendelssohn has little sympathy for Lessing's view of human (...) progress. Opposing the attempt to force the entire species into a single framework of linear development, Mendelssohn claims that, as a species, humankind has always oscillated between cultivation and barbarism. Borrowing the "ages of man" metaphor that Lessing employed in his own discussion, he writes that at almost any point in human history, man is "child, adult, and old man at the same time, though in different places and regions of the world." 1 Against Lessing's concept of global progress Mendelssohn proposes a model in which each individual follows his own trajectory of self-cultivation, a trajectory that begins before birth, intersects more or less briefly with the plane of historical time, and then continues after death into eternity.Mendelssohn's resistance to the Geschichtsphilosophie articulated here by Lessing and later appropriated by Kant, Schiller, and Hegel has been subject to a variety of interpretations. Not surprisingly, more recent commentators have stressed the philosopher's defense of particularity, his opposition to a totalizing theory of history that threatens to grant the individual nothing more than a bit part in the realization of some future state of human perfection. Norbert Hinske, for example, has argued that Mendelssohn's late writings engage in a conscious confrontation with Kant's understanding of historical progress. 2 [End Page 83]According to Hinske, especially Mendelssohn's short text On the Ideal Constitution indicates that the author "must have recognized spontaneously that Kant's proposed solution, whether intentionally or unintentionally, degraded the individual to a mere means of social progress...." 3Mendelssohn's concern for the individual is certainly central to his rejection of a species-based historical teleology, but one should also keep in mind the ethnic and cultural implications of such a model. As both Kant's and Hegel's later writings reveal, any attempt to understand human history in terms of a coherent, linear narrative, especially one that culminates in the rise of Christian Europe, is necessarily troubled by the continued existence of Judaism. In other words it is not just the individual who suffers an implicit reduction in status in late eighteenth-century theories of progress; entire cultures become vestigial once their historical function has been fulfilled. 4 Although the texts containing the most striking hostility toward Judaism were published after the appearance of Jerusalem, a somewhat surprising anti-Jewish bias is already evident in Lessing's explorations of the topic. Lessing does after all refer to the Jews in the period of Egyptian exile as "the most rude and the most ferocious" people imaginable. 5 Moreover, although he grants them a crucial role as educators of humanity, this role lasts only until the appearance of Jesus Christ, an event that simultaneously marks the end of the childhood of humankind. As Hans Liebeschütz has remarked, Lessing's adoption of this position must have been quite a blow to Mendelssohn. 6Each of these reasons for Mendelssohn's skepticism is significant in its own right; taken together, they also raise fundamental questions regarding his relationship to modernity and modern historical consciousness more generally. In one respect, of course, the topic of Mendelssohn's modernity has been much debated. Ever since Alexander Altmann's 1973 biography addressed the philosopher's complex relation to the "two disparate worlds of Judaism and modern Enlightenment," scholars have sought to untangle the strands of tradition and innovation in his work. 7 Most recently, Allan Arkush has depicted Mendelssohn as a radical deist whose observance of Jewish law was largely [End Page 84] strategic, while David Sorkin has emphasized the more conservative aims of his long neglected Hebrew works. 8In light of this interest... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:189 HUME'S MORAL ONTOLOGY* My concern here is the claim, made in my recent book, that Hume is a moral realist. In general terms I would describe this book as one of several that represent a sustained effort to consider Hume within an eighteenth-century context, an effort to see him not as a timeless figure, or to treat him as a brilliantly successful contemporary of ourselves, but as a (...) brilliant eighteenth-century philosopher responding to eighteenth-century issues with, for all his timelessness, eighteenth-century conceptual tools and 2 from an eighteenth-century perspective. It would be hopelessly naive to suppose that any of us can view Hume without any historical distortion, but it is equally naive to read Hume, as he is often read, without historical sensitivity. Furthermore, such insensitivity closes us off from what is uniquely valuable about Hume, for, instead of seeing his writings as the consequence of his unique efforts to confront and answer the philosophical questions posed to him, the historically insensitive read into him their own questions and their own answers. The past studied as an echo of the present is of little interest (and none of that intrinsic), nor can there be much value in the study of those who saw but through a glass, darkly, the truths now so apparent to us. Our intellectual past is important to us because it is different from our intellectual present, and not because it seconds what we presume already to know. I was entirely serious, then, when I said that both the plausibility, and the very meaning of my claim that Hume is a common-sense moralist or a moral realist depends upon considering this claim — and, consequently, Hume — within a particular philosophical context. It will not do to suppose that moral realism 190 is a term with an eternal, unchanging, and Platonic connotation, and then to reject my suggestion outright because Hume was, as I would certainly agree, virtually without sympathy for anything revealing a tincture of Platonism. Philosophical terms as well as philosophical issues are historical, changing entities; it is those who think or act otherwise who smuggle 4 Platonism into the discussion. Doubtless, however, some of the misunderstanding to which I refer is my own responsibility. I can join Hume in saying "I have found by experience, that some of my expressions have not been so well chosen, as to guard against all 5 mistakes in the readers," and so I shall here offer some clarifications of my view. I. To begin, I wish to bring together in one place evidence of the significant qualifications I put on my claim about Hume's moral realism. Taken together, these remarks show that my position is consistent with the widely held (and generally correct, I would say) view that Hume is in one highly important sense a naturalist, and that I ascribe to him a realism that is neither Platonic, Scholastic, Cartesian, nor Hutchesonian: A. If naturalism is thought to be the view "that the whole of the universe or experience may be accounted for by a method like that of the physical sciences," then Hume must certainly be called a naturalist because of his efforts to extend the "experimental Method of Reasoning into moral Subjects".... Hume is a naturalist in that he sought to produce coherent philosophical explanations without the slightest recourse to supernatural entities or transcendental principles... an obvious example of this kind of naturalism... is his attempt to explain moral values as derived from human nature or from, that is, human beings as constituted and active in the world (DH 15-16). 191 B. By no stretch of the imagination can Hume be supposed to have borrowed this providential aspect of Hutcheson's thought, not even in morals (DH 54; also see p. 93). C I submit that /Hume/ holds that vice and disapprobation are not identical and that moral qualities are not merely sentiments but, rather, the objective correlates of sentiments. /Footnote:/ No rash conclusions should be drawn from this claim about objective correlates. I do not suggest that virtue and vice are objects in the ordinary sense (physical objects), or that they are transcendently existing qualities of... (shrink)

As bioethics matures, a number of voices have called for a narrowing of what officially “counts” as bioethics. Bioethics defined broadly, they argue, creates a space that lacks objectivity and rigor, jeopardizing the credibility of the profession. Although a variety of proposed solutions exist, most advance a definitional narrowing of bioethics. In doing so, they mimic the siloed nature of the academy writ large, an institution that organizes itself through the logic of atomization, the belief that knowledge is generated through (...) the process of isolation, examination, theorization, and ultimately reintegration. Borrowing language from Isaiah Berlin's essay “The Hedgehog and the Fox,” I argue that bioethics has thrived precisely because it stands distinct from other departments of learning, constituting one of the few places within the academy where true inter, multi, and cross-disciplinary scholarship can thrive. Reducing bioethics to an internally defined set of axiomatic rationales does violence to this vision, eroding, in the process, one of the field's greatest assets. (shrink)

This paper studies definability within the theory of institutions, a version of abstract model theory that emerged in computing science studies of software specification and semantics. We generalise the concept of definability to arbitrary logics, formalised as institutions, and we develop three general definability results. One generalises the classical Beth theorem by relying on the interpolation properties of the institution. Another relies on a meta Birkhoff axiomatizability property of the institution and constitutes a source for many new actual definability results, (...) including definability in (fragments of) classical model theory. The third one gives a set of sufficient conditions for 'borrowing' definability properties from another institution via an 'adequate' encoding between institutions. The power of our general definability results is illustrated with several applications to (many-sorted) classical model theory and partial algebra, leading for example to definability results for (quasi-)varieties of models or partial algebras. Many other applications are expected for the multitude of logical systems formalised as institutions from computing science and logic. (shrink)

ARISTOTLE AS A DIALECTICIAN. Tom Nagel once wrote a paper on “What is it like to be a bat?” I am tempted to give this paper the somewhat less outlandish title “What would it be like to be Aristotle?” Notwithstanding the lip service some scholars have paid to the peculiarities of Aristotle’s ways of thinking as compared with ours, I have seldom felt that a commentator has managed to get inside Aristotle’s mind and made us grasp what made Aristotle tick—or, (...) rather, think in the way he did. All too often Aristotle has been treated by twentieth century philosophers as if he were, to borrow an Oxonian phrase, just “a fellow of another college.” The reason for such an alienation is not a lack of any intuitive Einfühlung or intellectual sympathy in the eighteenth-century sense. It is not a Schelerian failure but a Collingwoodean one. It is typically a failure to grasp the problem context of Aristotle’s thought and to grasp his ultimate presuppositions. In my earlier work, I have sought to identify some of his presuppositions and problems. Only some of them are relevant here. One interesting background feature of Aristotle’s thinking about logic, reasoning and the scientific method is that he is considering such matters always in a dialectical context, in the sense of thinking of them on the model of question-answer dialogues not unlike the Socratic elenchus. That this was the model of Aristotle’s methodology in the Topics is of course fairly obvious. Yet what is not usually noted is that Aristotle is still in the two Analytics thinking of the scientific method as an interrogative process. What constitutes the bridge between the overtly dialectical framework of the Topics and the syllogistic framework of the two Analytics is the idea that logical inferences are those answers to questions that are logically implied by the respondent’s earlier answers. (shrink)

Archaeology has been an important source of metaphors for some of the key intellectuals of the 20th century: Sigmund Freud, Walter Benjamin, Alois Riegl and Michel Foucault, amongst many others. However, this power has also turned against archaeology, because the discipline has been dealt with perfunctorily as a mere provider of metaphors that other intellectuals have exploited. Scholars from different fields continue to explore areas in which archaeologists have been working for over two centuries, with little or no reference to (...) the discipline. It seems that excavation, stratigraphy or ruins only become important at a trans-disciplinary level when people from outside archaeology pay attention to them and somehow dematerialize them. Meanwhile, archaeologists have been usually more interested in borrowing theories from other fields, rather than in developing the theoretical potential of the same concepts that other thinkers find so useful. The time is ripe for archaeologists to address a wider audience and engage in theoretical debates from a position of equality, not of subalternity. Reclaiming Archaeology explores how archaeology can be useful to rethink modernity's big issues, and more specifically late modernity (broadly understood as the 20th and 21st centuries). The book contains a series of original essays, not necessarily following the conventional academic rules of archaeological writing or thinking, allowing rhetoric to have its place in disclosing the archaeological. In each of the four sections that constitute this book (method, time, heritage and materiality), the contributors deal with different archaeological tropes, such as excavation, surface/depth, genealogy, ruins, fragments, repressed memories and traces. They criticize their modernist implications and rework them in creative ways, in order to show the power of archaeology not just to understand the past, but also the present. Reclaiming Archaeology includes essays from a diverse array of archaeologists who have dealt in one way or another with modernity, including scholars from non-Anglophone countries who have approached the issue in original ways during recent years, as well as contributors from other fields who engage in a creative dialogue with archaeology and the work of archaeologists. (shrink)

The classical theory of sovereignty describes sovereignty as absolute and undivided yet no early modern state could claim such features. Historical record instead suggests that sovereignty was always divided and contested. In this article I argue that Foucault offers a competing account of sovereignty that underlines such features and is thus more historically apt. While commentators typically assume that Foucault’s understanding of sovereignty is borrowed from the classical theory, I demonstrate instead that he offers a sui generis interpretation, which results (...) from the application of his general strategic conception of power to sovereignty itself. In construing sovereignty through a “matrix” of civil war, Foucault thus deprives it of the absoluteness traditionally attributed to it. Instead, he views sovereignty as constituted by conflictual and mobile power relations, a precarious political technology that deploys violence to restore its authority. I also motivate Foucault’s contention that popular sovereignty remains fundamentally continuous with the absolutist sovereignty it succeeds, insofar as it masks and thereby perpetuates unequal power relations in conditions of social conflict. According to Foucault, sovereignty is not a fact of power but a contestory claim, a discourse whose mutability helps to explain its persistence today. (shrink)