The question of transtemporal identity of objects in general and persons in particular is an important issue in both philosophy and psychology. While the focus of philosophers traditionally was on questions of the nature of identity relation and criteria that allow to settle ontological issues about identity, psychologists are mostly concerned with how people think about identity, and how they track identity of objects and people through time. In this article, we critically engage (...) class='Hi'>with widespread use of inferring folk judgments of identity from study participants’ use of proper names in response to experimental vignettes. We provide reasons to doubt that using this method one can reliably infer judgments of numerical identity over time and transformations. We also critically examine allegedly-Kripkean justification of this method and find it lacking. Merely assuming that names are rigid designators will not help. A study participant’s use of proper names can be taken to track the participant’s identity judgments only if supported by the participant’s belief that names used in the scenario are used rigidly. (shrink)

The Hlengwe people of Zimbabwe constitute one of the four sections of the Hlengwe subgroup of the Tsonga – an ethnic group found in four Southern African countries that include Mozambique, South Africa, Zimbabwe and Swaziland. Before the 18th century, these sections constituted a single group that was resident in the Nyaka kingdom, south of Maputo, amongst the Southern Rhonga people. Here, they were known by the names ‘Hlengwe’ and ‘Tsonga/Rhonga’. Before then, they were known by names such as ‘Makomati’ (...) and ‘Tonga/Thonga’. After years of internal and external pressures, the Hlengwe people migrated to the north and eventually settled as four separate sections in the three countries. Are the Hlengwe a distinct ethnic group or part of the Tsonga or Shangaan, or they embrace all these identities? This article investigates the ‘collective proper name’ of the Hlengwe people of Zimbabwe from their current ‘polyonymous identity’. The article further explores the complexity of identity formation and the politics of tribalisation, giving rise to assumed identities and sometimes ascribed and coerced identities in order to fulfil demands of power structures that name and label identities, resulting in exonyms used largely as appellation from above or outside. Although the study was heavily reliant on the available literature and archives, it also follows the oral historical methodology that privileges oral tradition and its associated subgenres of conversations and narratives. Most of the data were collected during the main researcher’s exploit of Zimbabwe, Mozambique and eSwatini whilst documenting the migration of the va ka Valoyi people.Contribution: This article contributes to complex debate of defining and locatin the Hlengwe as group within the post-colonial identities largely shaped by colonial boundaries. Should the be defined as a distinct group, or polysemously as a group with an amorphous identification. (shrink)

One of the two central suggestions put forth in Longobardi (1991, 1994) was that Romance/English differences in the syntax of proper names were parametrically connected to supposed differences in the semantics of bare (plural and mass) common nouns (BNs). The present article will pursue this line of investigation, trying to make precise such meaning differences and to understand the reason for their apparently surprising parametric association with the syntax of proper names.It will be shown that (...) in most Romance varieties BNs, unlike their English counterparts, distribute their existential and generic readings across all different contexts exactly like (Romance and English) overt indefinites. All the differences will be unified under the proposal that Romance BNs are nothing but a type of indefinites (variables, existentially or generically bound) in Kamp-Heim’s DRT sense, while English BNs are rather systematically ambiguous between this quantificational interpretation and a referential (i.e. directly kind-denoting, much in the spirit of Carlson 1977a, b) one, providing for another type of generic reading.The analysis will therefore crucially exploit and empirically support Gerstner and Krifka’s (1987) distinction between referential and quantificational genericity. On such grounds we will finally gain a conceptual understanding of the typological implication originally established in Longobardi (1991, 1994), thus confirming that the strategies of interpretation of nominals, whether proper or common nouns, are basically one and the same, though differently parametrized in different languages. This result, in turn, will shed some light on the question whether comparative semantics is possible and whether it can be singled out as a legitimate independent component of parametric theories of grammatical variation. (shrink)

Photo ID 222412412 © US Navy Medicine | Dreamstime.com ABSTRACT In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. INTRODUCTION Medical resources in an austere environment without quick recourse for resupply or casualty evacuation are often (...) limited. The shortage extends not only to supplies like blood products and drugs, but physicians and other medical personnel. In the midst of a mass casualty scenario, such as a battle that includes intense ground fighting, the medical staff will stretch scarce resources and triage casualties according to specific criteria. Typically, they proceed by providing care for the most severely wounded first, referred to here as conventional triage. At times, though, the staff may reverse the triage so that soldiers with minor wounds can return to the fight. In a mass casualty situation, when medical personnel apply conventional triage and treat casualties from opposing forces, a dilemma may arise. We argue that it can be permissible for military physicians to prioritize their own soldiers over enemy combatants in a mass casualty triage, where reverse triage does not apply. The case we will focus on is as follows: Battlefield Triage: During combat operations on a remote island in the Pacific Ocean, a compatriot soldier and an enemy combatant arrive at the compatriot soldier country’s medical treatment facility. Both have similar gunshot wounds to the abdomen, and they arrive with similar conditions. Both have low oxygen saturation and excessive blood loss. The sole physician only has enough time to stabilize one person. The scenario is brief, and we are aware that medical rules of eligibility will most often dictate how the physician proceeds,[1] but this scenario is useful in setting up the question we focus on in this paper: would it be wrong to favor the stabilization of a soldier just because the soldier is the physician’s compatriot? In other words, can nationality serve as an ethically justified tiebreaker in a situation such as Battlefield Triage?[2] In a non-military setting, the answer is clear: it would be unethical to treat someone based on non-medical considerations such as nationality. The AMA’s Code of Medical Ethics asserts that physicians have “ethical obligations to place patients’ welfare above their self-interest and above obligations to other groups.”[3] The World Medical Association’s Declaration of Tokyo affirms that “no motive, whether personal, collective or political, shall prevail against this higher purpose” of alleviating distress.[4] Physicians are taught early on that triage decisions must be medically indicated and made without consideration of factors such as race, ethnicity, religion, social status, and nationality. They are taught that public trust and obligations of justice grounded in equality demand that only medical indications be considered. But military physicians in a military setting are beholden to obligations, duties, and responsibilities as members of the military, and when these obligations, duties, and responsibilities conflict, as they do in Battlefield Triage, which loyalties win out and why?[5] Critics of partiality on national grounds argue that partiality undermines public trust in medicine and justice because everyone should be treated equally regardless of nationality.[6] Proponents of partiality argue that military obligations supersede equality and that justice requires partiality in such cases.[7] Despite the critics’ disagreement, both agree that there is a morally right, perhaps even blameless, course of action. Drawing on insights from virtue ethics, we argue that Battlefield Triage is a moral tragedy in which justice is unattainable and there is no action without moral cost. The assumption that there is a morally right choice is flawed. We argue that while no decision in this scenario is free from moral blame, there are reasons to favor treating one’s soldiers over enemy combatants. I. The Case Against Partiality There is a common assumption that there is a morally right or just decision in Battlefield Triage. A number of organizations and scholars claim that it is wrong for military physicians to favor their own soldiers on the grounds of nationality or some form of ‘group membership.’ (In a conflict involving service members from multiple nations working as a coalition, a soldier from an allied country may receive the same priority as the US service member due to ‘group membership.’) The World Medical Association’s WMA Declaration of Lisbon on the Rights of the Patient, which was reaffirmed in 2015, posits that, “[i]n circumstances where a choice must be made between potential patients for a particular treatment that is in limited supply, all such patients are entitled to a fair selection procedure for that treatment. That choice must be based on medical criteria and made without discrimination.”[8] This echoes what was set forth in Article 12 of the Geneva Conventions, which states that “[o]nly urgent medical reasons will authorize priority in the order of treatment to be administered.”[9] The argument for impartiality in Battlefield Triage is that every person is morally equal, and equality entails that medical distribution is, “based on a combination of medical need and urgency.”[10] This is in keeping with the bioethical principles that are generally applied.[11] II. The Case for Partiality On the other side, there are arguments that favoritism is the ethically right decision in Battlefield Triage.[12] The argument asserts that members of the military form a morally significant community of friends and participation in these relationships demands partiality. Just as parents have strong ethical duties to their children and not just any children, military personnel have ethical duties to their group, a group that involves an affirmation of mutual aid and support. Some have termed these ‘associative duties. According to Michael Gross, obligations of friendship, care, and solidarity “leave very little room for generally applicable principles of justice that would obligate a medic to treat enemy or non-compatriot wounded ahead of their compatriots.”[13] This is true in Battlefield Triage, but it may also be true even if the enemy’s soldier were more seriously wounded: “the ethics of small group cohesion, largely an ethics of care, mostly replaces the demands of impartial justice.”[14] In a more recent article, Gross explains that preferential treatment is ethically justified based on fighting capability and “the special obligations people owe friends, family, and, no less, comrades-in-arms.”[15] To not show partiality to the US soldier would be morally wrong on the grounds of friendship and mutual care.[16] III. The Moral Tragedy of Battlefield Triage Defenders and critics of Battlefield Triage favoritism based on nationality both frame their position as just or fair. For example, Justin List argues that physicians are “bound to practice medical neutrality,”[17] Marcus Adams denies that physicians “possess special ethical obligations” to enemy combatants because of their profession.[18] These perspectives assume that there is a morally right decision and that justice is attainable. The assumption that there is or can be a morally right Battlefield Triage decision, and we need to put our heads together to figure it out, remains strongly entrenched. However, the facts of the situation should give us pause; there are too many people and too few resources, and this demands a decision-making process that determines who will receive scarce resources. By its very nature, a battlefield triage decision has to be made based on some characteristic or value, a characteristic or value that will inevitably favor some at the expense of others. This is precisely why competing analyses “in the military context struggle to resolve these conflicts satisfactorily.”[19] Drawing on the insights of virtue ethics, we suggest that Battlefield Triage is a moral tragedy. Virtue ethics suggests that morality is about acting virtuously, which is to say that we should do what a virtuous person would do in the situation. Ethics is about figuring out how a just, wise, compassionate, loving, and fair person would act, and then doing that, as one grows in virtue. But life is not always clear cut, and it is possible that virtuous people may find themselves in a moral tragedy, a situation in which, through no fault of one’s own, a person must make a morally objectionable decision. After the action the virtuous person “emerges having done a terrible thing, the very sort of thing that the callous, dishonest, unjust, or in general vicious agent would characteristically do.”[20] Stated differently, a moral tragedy presents a virtuous person with two or more courses of action, all of which have a moral cost.[21] In Battlefield Triage, no matter how the physician goes about deciding, there is going to be defensible concern from those not saved. The fact that there are more people than can be helped fosters competing values in battlefield triage: maximize lives saved, treat people equally, treat the worse off, and support the war effort. Treating people equally may create tension between treating the worse off, maximizing lives saved, and supporting the war effort. Reverse triage is a case in point, as supporting the war effort conflicts with treating the worse off first, as is a fair lottery system since deploying a lottery may not maximize lives saved or support the war effort. There can be reasons why one person is selected over another, to be sure. Yet, there are reasons for making a decision, and that the decision is subject to legitimate moral concern is another. To recognize the moral tragedy of Battlefield Triage is to recognize the impossibility of acting blamelessly in the situation. In this situation, the virtuous military physician is going to have to sacrifice important values such as justice, compassion, and respect for others, even with a defensible criterion in hand. The physician will grieve this sacrifice accordingly. The physician may find her decision difficult or stressful, and rightly so, because of what her circumstances require of her. This kind of moral tragedy results “in actions which betray and violate the rights of persons to whom there may be a strong duty of care. When this happens, it properly triggers an appropriate moral emotion since our moral integrity has been violated and this affects how we think of ourselves and what we have become.”[22] Rather than view her triage decision as the morally superior choice, the virtuous military physician will view her decisions in these circumstances in a different light: it is the least bad option in a terrible situation, and she did something ethically problematic, something that is contrary to her moral character. She deeply regrets the circumstances in which she had to act. IV. Virtue Ethics A virtue ethicist has insight into how one should go about deciding what to do in a moral tragedy, although virtue ethics may not be as helpful as one may hope. The goal of the virtuous military physician in Battlefield Triage is to adopt the best course of action or the action that she feels she ought to do, all things considered. This does not make her choice devoid of serious wrongdoing—a decision must be made, but that does not make it just. The virtuous military physician will approach the situation with courage, responsibility, and insight. She will think about the decision carefully, wisely, and conscientiously; she will weigh the goods and harms of the choices before her, in conjunction with a proper conception of the good life, human worth, and understanding of her obligations to others—including chain of command, fellow soldiers, and the medical community. She is attuned to the value of human life and has a reasonable idea of the various ways her decisions will affect others. She recognizes that she is in this non-ideal situation through no fault of her own: she is not the one fighting in battles; she is serving her country as a physician, whose job it is to save lives, treat everyone justly, and promote military objectives. She regrets the decision she is forced to make in battlefield triage, acting “with immense regret and pain,” Hursthouse explains, “instead of indifferently or gladly.”[23] This is because, no matter what decision is made, the virtuous military physician “does something terrible or horrible,” something she otherwise would not do and is contrary to her values.[24] V. A Resolvable Moral Tragedy Instead of asking whether there is a morally right decision, in which a decision is morally blameless and above reproach, the virtue ethicist asks whether there is a decision with a convincing rationale, knowing that a decision can have a clear rationale but still be morally tragic. It is perfectly reasonable to think that different virtuous persons will arrive at different courses of action: “two virtuous agents, in the same situation,” Hursthouse writes, “may act differently” in irresolvable moral tragedies, in cases in which there is no clear course of action.[25] Because a person must act in a moral tragedy, one goal is to identify reasons for choosing the chosen action. Some decisions are clearly indefensible—treating neither the compatriot soldier nor the enemy combatant in Battlefield Triage would be wrong—and some decisions are more problematic than others. If the military physician selects to treat the soldier because she does not like the enemy combatant’s skin color, such a reason would be deeply problematic. But much of the debate over how to act in a moral tragedy is not over clearly indefensible or problematic criteria. Instead, the literature is largely about different standards or implementations of justice. Some scholars defend nation-impartial triage as right, while others defend nation-aware triage as right, and each argues that the other side is promoting an unjust or otherwise wrong solution to Battlefield Triage. We suggest that Battlefield Triage is a resolvable moral tragedy and that virtue ethics offers convincing reasons to prefer the treatment of the compatriot soldier rather than the enemy combatant on the grounds of national identity. Virtues are integral to living a good life, a flourishing life, but as Aristotle observed long ago, human beings are inherently social, interdependent and interconnected in profound ways.[26] This goes beyond the obvious fact that we need each other to survive day to day (one person makes clothes, another farms, and another makes tools); the claim is that a good or flourishing life depends in large part on one’s social network or community. This is why many of Aristotle’s moral virtues are other facing: justice, friendship, generosity, and magnanimity, to name a few. Courage, a typically self-facing virtue, is understood by Aristotle to be the virtue that regards one’s fear of death in battle, a battle fought on behalf of one’s city.[27] All of this remains true today. Namely, there is an important sense in which our community matters to our lives: it is easier to live a good, flourishing life if one is part of a good, flourishing community. Our community is made up of smaller groups, and it is more accurate to say that we are simultaneous members of different groups within a broader community. A person may be part of a family, friend group, research team, large state university, city, state, and nation. Groups can function well or not, as we all have experienced, and this suggests that there are virtues or excellences that groups can instantiate. Good groups are unified in purpose, with each member doing their duty alongside others for the attainment of that purpose. Good groups manifest solidarity among their members. Although Aristotle does not list solidarity as a virtue, a number of modern-day virtue ethicists have begun examining how group solidarity can be a virtue that contributes to a good or flourishing life.[28] Solidarity is not conceptualized as an individual virtue, a virtue possessed by a person in isolation of others; instead, it is a collective virtue, a virtue that is shared among members of a defined group with particular ends.[29] “A group has solidarity to the extent that its members are disposed to: (1) share values, aims, or goals; (2) care about those values, aims, or goals; (3) act in accordance with those values, aims, or goals; (4) trust the testimony of other group members with respect to those values, aims, and goals; and (5) feel a sense of belonging to the group.”[30] The virtue of collective or group solidarity involves individuals having special concern for each other, shared aims and values, trust, loyalty, and a sense of belonging with these specific others. There is a oneness to the group in the pursuit of a definite goal or purpose, involving mutual support and affirmation of each member. As such, the group has ends and goods above and beyond the good of each individual person. Sometimes solidarity requires personal sacrifice for the collective (for example, a father sacrificing food so his child can eat). The virtue of collective or group solidarity is important to the military and medical community at every level, and for clear reasons. In the military, there is a clear hierarchy of command, unity of purpose and end, mutual trust and support in complex settings, and so on. Soldiers need to know they can count on one another, and solidarity grounds a soldier’s ability to trust others and be assured of mutual aid. In medicine, solidarity maintains self-regulation of the profession, shared values and goals, as well as public support, not to mention that day-to-day operations require physician trust, engagement, and effort toward the ends of clinical care. Physicians need to work together, along with others, in pursuit of health, and disunity is sowed when there is mistrust, selfishness, or disengagement among the healthcare team and organization. Importantly, just as we are all members of various groups and hence may manifest group solidarity in different settings, the virtuous military physician instantiates collective solidarity with both the medical profession and the military. Her dual loyalty contributes to the moral difficulty of acting in Battlefield Triage. The military physician has competing obligations to distinct groups and cannot satisfy all obligations in Battlefield Triage. Solidarity with the military supports the consideration of favoring the soldier for reasons of national identity, whereas solidarity with the medical community does not. Something has to give, which is why it is a moral tragedy. The virtuous military physician, therefore, must weigh the costs of each course of action. To fulfill her obligations to the medical community would require that she does not use nationality and other non-medical considerations in Battlefield Triage. Since the soldier and enemy combatant are equally injured, justice would demand a random process, perhaps a flip of the coin. Although this may satisfy obligations the military physician has to the medical community, this would be costly to the physician’s military group. If word gets out that the physician decides who to treat based on a coin toss, soldiers, families, and citizens may become frustrated and angry. Soldier morale may go down if it becomes known that a coin flip led to the preventable death of a soldier and the saving of an enemy combatant who had killed (or attempted to kill) other soldiers. As Gross highlights, military solidarity involves a mutual aid promise that military personnel promise to help one another.[31] A military physician is part of the military and, as such, is part of the mutual aid promise, which would appear to be violated if the physician flips a coin. Treating a member of one’s own team may be psychologically more beneficial than treating an enemy combatant and may lead to less moral distress.[32] Finally, treating soldiers rather than enemy combatants promotes broader military and social aims, including returning soldiers to health, maintaining unity of purpose, and minimizing community suffering from a soldier’s death. Favoring members of one’s group, that is, triage based on nationality in Battlefield Triage, would fulfill obligations of military group loyalty, which is contrary to the values and duties of medicine. It does not seem as though showing favoritism in this particular situation is very costly to the medical community or general public, but this is because there is recognition that the physician is in the military. Medicine is impartial to non-medical indications partly because of fairness and to promote public trust in medicine. However, Battlefield Triage is unique, as medicine is being practiced in a non-public, wartime setting. In ordinary circumstances, a patient’s identity is irrelevant, and physicians ought not play favorites. Since Battlefield Triage is not an ordinary circumstance, decisions based on patient identity may not undermine public trust in medicine. In addition, it is contestable that fairness in Battlefield Triage requires that no consideration be paid to one’s nationality. Fairness is about giving each person their due, what is owed to them, and the case can be made that soldiers who place themselves in danger for the sake of the common good or a just cause are owed special attention when they suffer harm in the line of duty. In other words, soldiers voluntarily undergo risk to themselves for the greater good, and society owes them for this sacrifice. This plausibly includes preferential treatment in a situation such as Battlefield Triage. So, while the medical community affirms justice demands non-preferential treatment, the military community can affirm the opposite. The demands of fairness are unclear at best or in conflict in this situation: demands of physician justice decry favoritism, while demands of military justice support favoritism. Triage not based on nationality is arguably unfair and triage based on nationality may not undermine public trust, after all. All things considered, there is a clear rationale for favoring nationality-based preferential treatment in Battlefield Triage. Adopting a nationality-based preference in this situation is more defensible than not. This does not make such a decision ethically right or just. Preference based on nationality is the least bad decision, but it is not morally blameless. It involves one in a serious moral wrong, a wrong otherwise avoided and contrary to one’s character. The virtuous military physician is in a situation in which obligations conflict, and we disagree with Gross, who posits that care of fellow soldiers “is important to the near exclusion of all else.”[33] Gross fails to appreciate the collective virtue of solidarity as applied to those in medicine. The military physician has duties to fellow soldiers but also to fellow physicians, to the medical community, and humanity. To favor a soldier on grounds of nationality violates her duties and responsibilities to this latter group. She is involved in a moral tragedy and can only seek the most just action given the circumstances, yet, at least in virtue ethics, the action remains far from blameless. CONCLUSION We argue that Battlefield Triage is a moral tragedy, meaning that it is a situation in which there is no morally blameless decision and that the demands of justice cannot be satisfied. As such, the virtuous military physician incurs a moral cost to acting as she does—there is a moral residue. However, despite being a moral tragedy, there are clear reasons to act in favor of treating one’s own, considering group solidarity. As such, these kinds of tragedies are resolvable: virtuous military physicians should favor treatment of their own, although they would do so with sorrow. - [1] Militaries set forth medical rules of eligibility or guidelines used to determine whether a person qualifies for specific medical interventions or treatments in certain circumstances, and these guidelines are binding for a military physician. For example, despite opposition from medical organizations, militaries have adopted reverse triage guidelines for military physicians to follow. For ethical discussion, see Falzone, Elisabeth, P. Pasquier, C. Hoffmann, O. Barbier, M. Boutonnet, A. Salvadori, A. Jarrassier, J. Renner, B. Malgras, and S. Mérat. "Triage in military settings." Anaesthesia Critical Care & Pain Medicine 36, no. 1 (2017): 43-51. https://doi.org/10.1016/j.accpm.2016.05.004 [2] There are issues that are related to this, including the triage of civilians and allied soldiers. We set related issues aside for purposes of this paper [3] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [4] American Medical Association, Code of Medical Ethics: Current Opinions with Annotations, 2004–2005 ed. (Chicago, IL: AMA, 2004), 300. [5] This is termed the “dual loyalty” dilemma in military medicine and has been described at length elsewhere: Institute of Medicine (US) Board on Health Sciences Policy. Military Medical Ethics: Issues regarding Dual Loyalties: Workshop Summary. Washington (DC): National Academies Press (US); 2008. Toward a Framework for Resolving Dual Loyalties. Available from: https://www.ncbi.nlm.nih.gov/books/NBK214853/ [6] See Kenneth G. Swan and K.G. Swan, Jr., “Triage: The Past Revisited,” Military Medicine 161:8 (1996): 448–452. https://doi.org/10.1093/milmed/161.8.448; Jerome A. Singh, “American Physicians and dual loyalty obligations in the ‘war on terror,’” BMC Medical Ethics 4.4 (2003): 1–10. https://doi.org/10.1186/1472-6939-4-4; Beam, Thomas E. "Medical Ethics on the Battlefield." Military Medical Ethics: Sect. IV. Medical ethics in the military. Medical ethics on the battlefield: the crucible of military medical ethics 2 (2003): 369-402; Hereth, Blake. "Health justice for unjust combatants." Journal of Military Ethics 20, no. 1 (2021): 67-81. https://doi.org/10.1080/15027570.2021.1949782. [7] See Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. Gross, Michael L. "Comradery, community, and care in military medical ethics." Theoretical medicine and bioethics 32 (2011): 337-350. https://doi.org/10.1007/s11017-011-9189-6. Gross, Michael L. "The limits of impartial medical treatment during armed conflict." In Military medical ethics for the 21st century, pp. 71-84. Routledge, 2016. [8] World Medical Association, WMA Declaration of Lisbon on the Rights of the Patient. 5 December 2022, https://www.wma.net/policies-post/wma-declaration-of-lisbon-on-the-rights-of-the-patient/ [9] Geneva Convention for the Amelioration of the Condition of Wounded, Sick in Armed Forces in the Field. 12 August 1949. https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.30_GC-I-EN.pdf. [10] List, Justin M. "Medical neutrality and political activism: physicians' roles in conflict situations." In Physicians at war: The dual-loyalties challenge, pp. 237-253. Dordrecht: Springer Netherlands, 2008. 240 [11] Beauchamp, T., and J. Childress. 2013. Principles of Biomedical Ethics, 7th ed. Oxford, United Kingdom: Oxford University Press. [12] Adams, Marcus P. "Triage priorities and military physicians." In Physicians at war: The dual-loyalties challenge, pp. 215-236. Dordrecht: Springer Netherlands, 2008. [13] Gross, "Comradery, community, and care in military medical ethics," 347. [14] Gross, “Comradery, community, and care in military medical ethics,” 349. [15] Gross, Michael L. "When medical ethics and military ethics collide." Narrative inquiry in bioethics 13, no. 3 (2023): 199-204. 202 https://dx.doi.org/10.1353/nib.2023.a924191 [16] Our argument draws on virtue ethics, from which care ethics derives, and it is worth clarifying how our argument relates to Gross’s. We do not think that the virtue of friendship grounds triage decisions, for we think it is unlikely that the physician and wounded soldier are friends. Instead, as explained below, we think the collective virtue of group solidarity better captures the moral significance of group loyalty and that Gross would agree with us. But since military physicians are part of distinct groups, with competing obligations, the military physician will be forced to sacrifice a value in battlefield triage cases. In other words, we think Gross downplays the dual group membership of a military physician. [17] List,”Medical neutrality and political activism,” 250. [18] Adams,”Triage priorities and military physicians,” 235. [19] London, Leslie, Leonard S. Rubenstein, Laurel Baldwin-Ragaven, and Adriaan Van Es. "Dual loyalty among military health professionals: human rights and ethics in times of armed conflict." Cambridge Quarterly of Healthcare Ethics 15, no. 4 (2006): 381-391. 383. [20] Hursthouse, R. On Virtue Ethics. OUP 1999. 74 [21] Nussbaum, Martha C. "The costs of tragedy: Some moral limits of cost-benefit analysis." The Journal of Legal Studies 29, no. S2 (2000): 1005-1036, 1007. [22] De Wijze, S. (2005). Tragic-remorse–the anguish of dirty hands. Ethical theory and moral practice, 7(5), 453-471, 457. https://doi.org/10.1007/s10677-005-6836-x [23] Hursthouse, 73 [24] Hursthouse, 81 [25] Hursthouse, 72 [26] Aristotle, Politics 1253a8. Reeve, C. D. C., Indianapolis: Hackett Publishing Co., 2017 [27] Aristotle, Nicomachean Ethics. III.6.114a, 34-35. 2002, Nicomachean Ethics, Christopher Rowe (trans.), Oxford: Oxford University Press [28] Byerly, T. Ryan, and Meghan Byerly. "Collective virtue." The Journal of Value Inquiry 50, no. 1 (2016): 33-50. https://doi.org/10.1007/s10790-015-9484-y; Federico, Veronica. "Conclusion: solidarity as a public virtue." Solidarity as a Public Virtue (2018): 495-542. https://doi.org/10.5771/9783845290058. Rehg, William. "Solidarity and the common good: An analytic framework." Journal of Social Philosophy 38, no. 1 (2007): 7-21. https://doi.org/10.1111/j.1467-9833.2007.00363.x [29] Byerly and Byerly. "Collective virtue." 43 [30] Battaly, Heather. "Solidarity: Virtue or vice?." In Social virtue epistemology, pp. 303-324. Routledge, 2022. 304 [31] Ibid., 2011: 341 [32] It might be thought that displaying altruism by helping an enemy combatant at the expense of one’s fellow soldier may be psychologically satisfiying. For evidence that military physicians find it difficult to treat enemy combatants, see Lundberg, Kristina, Sofia Kjellström, Anders Jonsson, and Lars Sandman. "Experiences of Swedish military medical personnel in combat zones: adapting to competing loyalties." Military medicine 179, no. 8 (2014): 821-826. https://doi.org/10.7205/MILMED-D-14-00038. Lamblin, Antoine, Clément Derkenne, Marion Trousselard, and Marie-Ange Einaudi. "Ethical challenges faced by French military doctors deployed in the Sahel (Operation Barkhane): a qualitative study." BMC Medical Ethics 22 (2021): 1-13. https://doi.org/10.1186/s12910-021-00723-2 [33] Ibid., 2011: 344. (shrink)

In this paper, I will focus on the debate between descriptivism and antidescriptivism theory about proper names. In Section I, I will propose an historical reconstruction of the debate, and I will focus in particular on Russell and Kripke's treatments of proper names. Some criticisms will be advanced against Kripke's hypothesis of rigid-designator and, more clearly, against the consequent distinction between the epistemic and metaphysical level that Kripke proposes to explain identity assertions between (...) proper names. Furthermore, I will argue, that, pace Kripke, Russellian treatment of proper names allows to capture all our semantic intuitions, and also those semantic interpretations which concern context-belief sentences. I will close Section I by focusing on a criticism that Kripke rightly points out against an example that Russell proposes in his On Denoting. Section II will be devoted to Russellian solution: I will show that not only Russell's logical treatment of proper names allows to answer to Kripke's criticism to Russell's example, but also that such treatment can disambiguate and express all our semantic intuitions about Frege's puzzle sentence “Hesperus is Phosphorus”. I will then show that, contrarily, Quinian solution (discussed in Section III) and Kripkian one (see Section IV) are not satisfactory to capture our semantic knowledge about Frege's sentence. Furthermore, in Section IV I will focus on Kripke's distinction between epistemic and metaphysical level to deal with identity assertions between proper names, and I will logically show that such distinction is not plausible. In Section V, then, I will show that Russellian solution allows to explain context-belief sentences, contrarily to what Kripke thinks. In VI, I will summarize what I have argued in the text and I will draw some morals. (shrink)

I suggest a revised meta-linguistic account that distinguishes between the language used to talk about a particular language -- the meta-language -- from direct speech reports made within a language -- the object language. Making this distinction leads to a kind of meta-linguistic analysis of competence with names that is not simply tautologous, so long as competence with names is not construed as knowing this: 'Tyler' is whatever is called 'Tyler'. Rather, it should be this: the name (...) 'Tyler' is whatever speakers of an object language call "Tyler," where the double quotes represent direct speech acts. This makes it possible that the schema, 'X' is whatever speakers of an object language call "X," could very well be informative, and serve as an explanation of what a speaker understands when competent with a name. Well, it would insofar as a speaker could learn something about the meaning of the the name 'Tyler' by examining its utterances. In fact, something like this must have to have some truth to it. After all, even non-fluent children learn to speak a language, in part, by attending to utterances of certain expressions in particular situations. The major difference is that when we are finally competent with the expression 'duck' it is not because we have grasped the previous schema. It is because we will engage in duck-awareness behaviors when our environment has something to with ducks at a certain time. In contrast, simply understanding the previous schema is exactly what competence with names consists in. (shrink)

An identity statement flanked on both sides with proper names is necessarily true, Saul Kripke thinks, if it's true at all. Thus, contrary to the received view – or at least what was, prior to Kripke, the received view – a statement like(A) Hesperus is Phosphorus.

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)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.4 (2002) 373-380 [Access article in PDF] Spiritual Experience and Psychopathology:Dichotomy or Interaction? Caroline Brett Keywords: mysticism, psychosis, values, phenomenology, spiritual emergence. THE PURPOSE OF Marzanski and Bratton's paper is to challenge Jackson and Fulford's (1997) treatment of the area of spiritual experience and psychosis, specifically the perspective of discriminating pathological from spiritual experiences on the basis of action enhancement in contrast to action failure. (...) In my opinion, they are partially successful in this aim, and in their analysis they further the discussion of this complex and controversial area in an interesting and potentially fruitful way. What the paper does not offer, or attempt to suggest, is an alternative way of making a distinction, and in the following discussion I intend to explain why I think that, on the one hand, the status of specific experiences is of practical importance, and on the other hand any distinction should not be conceptualized as mutually exclusive. I also hope to clarify those issues which I perceive as being raised by both Jackson and Fulford's and Marzanski and Bratton's papers. The Critique Marzanski and Bratton's first, and in my opinion strongest, point is to argue that "values and actions alone cannot always discriminate between religious experience and psychopathology." They demonstrate convincingly that the fact that an individual positively evaluates a certain anomalous experience and shows enhanced function as a result of it, does not in itself mean that the experience should be viewed as "spiritual." Their second and third points relate to the way spirituality ought to be regarded, suggesting that Jackson and Fulford are in error to identify spirituality with experience, and moreover that any judgment of genuine spiritual content or value requires reference to an individual's personal history, and also some spiritual tradition or authority. I believe that the former point, although certainly relevant to the issue, is in danger of broadening the debate too far from the consideration of particular anomalous experiences: namely, those that are phemenologically similar or identical to psychotic symptomatology. Marzanski and Bratton also mount an objection to the psychologization of spiritual experience by Jackson and Fulford, although I am not convinced that they represent these authors' opinions fairly. Whose Values? Action or Ethics? The first point, the refutation of the thesis that a spiritual experience can be distinguished from [End Page 373] psychopathology on the basis of a positive evaluation and preservation of functionality, succeeds in that it is shown both that (1) experiences accepted as spiritual within major religious traditions may actually be distressing and/or disabling; and (2) anomalous experiences that are both positively evaluated by the experient and action enhancing nevertheless may not have genuine spiritual characteristics. The argument proceeds through the use of counterexamples, and it is indeed a problem for the Jackson and Fulford account that suffering and periods of social withdrawal or distress do appear to be historically, anthropologically, and theologically associated with the spiritual journey. Bratton and Marzanski use, among other examples, the "dark night of the soul" of mystics, raising the very interesting point that a person may have experiences that, at least at the time of experiencing, are profoundly disturbing or even disabling, socially or functionally, and yet those same experiences may in some way set the scene for a profound transformation or spiritual renewal. To my mind this concept can be seen reflected in the "terrible" forms of the Wisdom Goddess in Advaita Vedanta (as expressed in my own paper), and can be related to the concept of "breaking down to break through" espoused by transpersonal psychologists such as Grof and Grof (1992).Therefore, on closer examination, it appears that Jackson and Fulford's notion of preserved functionality may play some role after all, even if it does require supplementation: if the breaking through aspect of the process is necessary to distinguish from simply breaking down, then action enhancement may remain a criterion determining the spiritual value of an experience. However, it will need to be observed in the longer term, and as such can only play a role... (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

In this dissertation I examine the ontological and systematic basis of Hegel’s social and political philosophy. I argue that the structures of the will, discussed in paragraphs five through seven of the Philosophy of Right, present the key for understanding the goal and the argumentative structure of that work. Hegel characterizes the will in terms of the oppositions between the universal and the particular, the infinite and the finite, and the indeterminate and the determinate. Ultimately, he argues that (...) we must grasp the will as the unity of these oppositional moments. The Philosophy of Right presents an extended attempt to grasp this unity. -/- In order to central problem presented by the structure of the will, I argue that we must first recognize the will as the highest instantiation of the more general structures that constitute the notion. On my interpretation, the term ‘notion’ designates Hegel’s doctrine of substance. More specifically, this term presents his conception of substance in terms of categories normally associated with human subjectivity, in terms of representation and purposive action. -/- The will presents the highest or truest instantiation of the notion. Various notions can be ranked along a spectrum in accordance with their degree of success at resolving the basic problem facing all objects – namely the problem of integrating or essentially relating identity and difference through self-constituting activity. The unification of identity and difference presents the central problem or paradox of Hegel’s philosophy. It is a paradox that takes many forms. In this dissertation, I show how change, the structure of judgment, and the nature of the object all exhibit this paradox. I also show how Hegel’s doctrine of the notion develops as a direct response to this paradox. Additionally, I argue that Hegel’s account of the structure of the will – as the unity of the universal and the particular, the unity of the infinite and the finite, and the unity of the indeterminate and the determinate – presents the highest manifestation of the paradox that arises when we seek to explain the unity of identity and difference. (shrink)

It is commonly accepted, after Frege, that identity statements like “Tully is Cicero” differ from statements like “Tully is Tully”. For the former, unlike the latter, are informative. One way to deal with the information problem is to postulate that the terms ‘Tully’ and ‘Cicero’ come equipped with different informative values. Another approach is to claim that statements like these are of the subject/predicate form. As such, they should be analyzed along the way we treat “Tully walks”. (...) Since proper names can appear in predicative position we could go as far as to dismiss the sign of identity altogether, some told us. I will try to discuss the advantages and/or disadvantages of this approach and investigate whether Frege’s view that the ‘is’ of identity must be distinguished from the ‘is’ of predication can be reconciled with the fact that names can appear in predicative position. (shrink)

Charles S. Peirce’s theory of proper names bears helpful insights for how we might think about his understanding of persons. Persons, on his view, are continuities, not static objects. I argue that Peirce’s notion of the legisign, particularly proper names, sheds light on the habitual and conventional elements of what it means to be a person. In this paper, I begin with an account of what philosophers of language have said about proper names in order to (...) distinguish Peirce’s theory of proper names from them. Then, I present Peirce’s semiotic theory of proper names, followed by some ways in which his theory can be applied to practical concerns, such as first impressions, name changing, identity, and temporary insanity. (shrink)

The fact that names refer to individuals is a basic assumption of referentialist theories of proper names, but the notion of individual is systematically taken for granted in those theories. The present paper follows that basic assumption, but proposes to analyze the notion of individual prior to the development of any semantic theory of proper names. It will be argued that a particular perdurantist conception of individual should be adopted, which distinguishes the notions of individual occurrence, and (...) individual simpliciter. A new theory of proper names (called the cluster-occurrence theory) is presented, according to which names refer to individual occurrences, and the intension associated with a name is an individual simpliciter. The merits of the new theory are then assessed in confrontation with its standard rival accounts. (shrink)

My dissertation, “Love, Self-Constitution, and Practical Necessity,” offers an interpretation of love between people. Love is puzzling because it appears to involve essentially both rational and non-rational phenomena. We are accountable to those we love, so love seems to participate in forms of necessity, commitment, and expectation, which are associated with morality. But non-rational attitudes—forms of desire, attraction, and feeling—are also central to love. Consequently, love is not obviously based in rationality or inclination. In contrast to views that (...) attempt to fit love into existing models of practical reasoning, I argue that love participates in a unique form of practical necessity, different from both moral and psychological necessity, yet bearing resemblances to each. Distinctive to this type of practical necessity is a direct appeal to another particular person that cannot be delivered in third-personal terms—that is, a non-moral yet normative type of expectation on another person. This type of expectation is predominant in loving relationships, but can also make better sense of the experiences of humor and beauty, as well as attitudes like forgiveness, gratitude, and agent-regret. I treat Immanuel Kant’s discussion of the experience of beauty in the Critique of Judgment and Christine Korsgaard’s work on self-constitution as fruitful starting points for this account of love. I conclude that our loving relationships enable us to have distinctive personal selves, and provide support for this account of love by offering a complementary theory of grief. In Part One of the dissertation, I focus on two prominent approaches to love characteristic of the sentimentalist and rationalist traditions. I begin with the work of David Hume, which treats desire (understood as something like a simple impulse or craving) as the paradigmatic mental state, and emphasizes our personal and affective dimensions. Hume has the valuable insight that loving someone affects our sense of ourselves. But Hume’s view becomes unsatisfying when he claims that love is essentially enfeebling, implying that to love is to be passive toward and readily overcome by another person. While this indicates Hume’s awareness that love involves being open and receptive to another person, the problem is that love is also a demanding attitude. Hume lacks the conceptual resources to offer a nuanced view of the self, in which we can—with one attitude—be both demanding of and vulnerable to another person. Hume’s model of a desire-based deliberative process has recently been revived in Harry Frankfurt’s discussions on love and rationality. Frankfurt, however, goes beyond Hume’s picture of the self by introducing a notion of “identification,” which he offers to make sense of our apparent ability to commit ourselves decisively to certain projects or people. I argue that active powers like identification and commitment cannot be accommodated within any basically Humean moral psychology. Such abilities, and with them the possibility of love, depend on something closer to a Kantian conception of rational agency. I next focus on the work of Kant, who provides the substantial counterpart to Humean-inspired moral theories, but is not known for his insight into our emotional lives. In the Metaphysics of Morals, Kant divides love into “practical love”—what we experience when we are morally motivated to help someone—and “pathological love”—what we experience when we feel fond of something. But in reality, we experience love neither as a mere preference for another person, nor as something that generates the kind of demands that would be binding on any rational creature. David Velleman attempts to remedy the deficiency of Kant’s dichotomy. Velleman offers a Kantian theory in which he describes love and respect as two ends of a continuum of attitudes that it is morally appropriate to have toward people. Velleman’s view has the peculiar implication that everyone deserves the love of everyone else, and I argue that this is a fatal flaw. Like Kant and Velleman, Korsgaard characterizes personal love as involving the treatment of other people as Kantian ends-in-themselves to a heightened degree. Korsgaard, though, also contends that our individual identities depend upon our personal relationships, and I take this position seriously for the remainder of the dissertation. Ultimately, however, characterizations of loving relations as subsets of moral relations can account for the authority of the demands of love, but not its particularity. The major conclusion of Part One is that any attempt to understand love primarily on a model of practical reasoning with which we are already familiar is doomed to fail. Our experience of love calls for a theory of a unique type of practical necessity. In Part Two I take seriously the possibility that love is simultaneously inescapable (in something like the way morality is supposed to be), and yet ineluctably personal. In love, we experience an engagement with a person as essentially particular, rather than as an instance of a rational agent in general. To make sense of this direct attachment to an individual, I argue that love involves distinctive forms of expectation and disappointment. When those we love let us down, they hurt our feelings, which is not a response to a failed prediction, but nor is it a reaction to a moral insult or offense. According to Peter Strawson and Stephen Darwall, second-personal moral reactive attitudes (such as resentment) always have third-personal analogues (such as indignation). In contrast, I argue that the type of hurt feelings associated with love is a second-personal reactive attitude that does not have a third-personal corollary. I take this as evidence that the expectations involved in love are not objective in the way that the moral is objective. Nor, however, is love a matter of mere preference. On my interpretation, Kant introduces this different type of expectation in the Critique of Judgment. Whereas he characterizes moral judgments as universally communicable, judgments of beauty implicitly involve only second-personal address: I appeal to your direct experience with a particular object. This provides the conceptual space for an account of love according to which it involves a uniquely second-personal form of practical necessity. I contend that the second-personal addresses we make in love are appeals to strengthen the intimacy implicit in the loving relationship, and I identify three interrelated dimensions of that intimacy. First, those we love have the standing to interpret us in a constitutive manner. We fine-tune and make determinate the character of our concerns and interests in part by accepting the interpretations provided by those we love. In that way, the people we love have the normative power to constitute who we are. Second, we share a perspective with those we love in a way that is not reducible to or derivative of our independent perspectives. Loving someone centrally involves the activity of forming concerns together, and we do this in a mode best understood on the model of playing a spontaneous game or improvising music. Finally, being loved enables us to see ourselves as distinctive and special, because the concern those who love us have for us does not track the objective merit of our characteristics. These dimensions of the intimacy that characterizes a loving relationship reveal what it is that we appeal for in love, and how we are hurt when our appeals are rebuffed. In broad terms, this dissertation advocates the recognition of a non-moral yet normative type of expectation, which is predominant in loving relationships. Humor and beauty, too, make more sense when understood in terms of this non-moral yet normative type of expectation, as they involve appeals to others that are more than mere predictions of, but less than rational demands for, a certain kind of response. Introducing this alternative notion of expectation into the discourse of moral philosophy can shed light on other common attitudes that are clearly normative, but defy translation into objective, third-personal terms. Such attitudes include certain experiences of pride and shame, apology and forgiveness, the bestowing of mercy, gratitude, agent-regret, and perhaps a basic sense of trust we have in others. Ultimately, I situate love in respect to grief, which demonstrates my theory’s ability to make sense of related dimensions of our emotional lives. The people we love and grieve over give us a sense of who we are as distinctive, particular individuals, as the three interrelated dimensions of intimacy in loving relationships reveal. Consequently, grief is best understood as a type of practical disorientation—namely, a disorientation that involves the loss of the personal self. I present my account of grief against the type of account that would draw philosophical conclusions about the nature of love and grief from empirical psychological data alone. In particular, these data indicate that we recover quickly from the deaths of loved ones, and Dan Moller draws the philosophical conclusion that those we love fulfill certain roles in our lives and are replaceable. In contrast, I contend that while we should acknowledge the truth of the objective judgment, made in the third-person, that we will likely recover after the deaths of those we love, it does not follow that we must affirm such a claim from the internal perspective of one person who loves another. As a result, the case of love and grief supports a general claim concerning the proper work of moral philosophy, which is that the understanding of ourselves gained through empirical data is not a substitute for the normative conclusions that are revealed through first-personal reflections on our relationships. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Identity, Ritual and State in Tibetan Buddhism: The Foundations of Authority in Gelukpa MonasticismChristian P. B. HaskettIdentity, Ritual and State in Tibetan Buddhism: The Foundations of Authority in Gelukpa Monasticism. By Martin A. Mills. London: RoutledgeCurzon, 2003. 404 + xxi pp. with 12 black and white plates.In Tibetan Buddhism, there is a type of teaching called a dmar khrid, a "red instruction," wherein the lama brings (...) students through a teaching as a physician might dissect a corpse, pointing out and explaining the various parts and organs and their places and functions. In Identity, Ritual and State in Tibetan Buddhism, Martin Mills has done very much the same thing, with the exception that the body he examines is still very much alive, and emerges, to my eyes at least, as a new and wholly vital entity. Mills exposes the subcutaneous and sanguine body of Tibetan Buddhism, the bones and muscles that make up its structure, the blood that flows through it, and the organs that keep it alive, in "a plain and open manner," just as in a dmar khrid.1 The value of such a presentation truly cannot be overstated. An attempt to catalog the contents of each chapter would be both impossible and counterproductive, as the wealth of theoretical material and ethnographic detail is a large part of what makes this book so powerful. Instead, I will identify several topics, several of the vital organs alluded to, that are either not commonly noticed in the academic study of Buddhism, or that are given fresh perspective by Mills's anthropological and sociological methodology, and that are so crucial to understanding how it is that Buddhism lives in a typical Himalayan village. The latter portion of this review explains why I place such high value on this book and its potential place in Buddhist-Christian studies.Identity, Ritual and State is an ethnography of Kumbum Monastery in Lingshed, Ladakh (the eastern half of the Kashmir valley, located in Jammu and Kashmir, India), but its concerns are much more far-reaching than a single remote Himalayan village. The central question of the work is "how we are to understand the nature of religious authority in Tibetan Buddhist monasticism" (p. xiii), although it might more properly be the religious authority of Tibetan [End Page 187] Buddhist monastics. This answer is worked out in three overlapping areas of analysis: local ritual activity, ecclesiastical structure of the monastery, and the ritual foundations of Tibetan political thought (p. xvii).Mills convincingly asserts that there is a framework within which Buddhism happens in the Himalayas. The starting point of this framework is birth itself, which establishes the embodied person. The very physicality of personhood has several implications. First, the body is embedded in a very specific local space and place, and personhood is thus not only embodied, but also chthonic—intimately bound up with the earth or soil onto which it is born. At birth, persons are injected into a complex matrix of relations between people and various spirits, such as household gods and protectors, nāga, and itinerant demons. For example, Lingshed is divided into seven subterritories, each under the jurisdiction of a local deity whose physical abode and reign are well known to all in the village.2 These deities are associated with features of the local geography, and they regulate and influence local agricultural and social production, so birth in one area or another signifies a relation with the deity presiding over it. The land itself is imbued with a notion of personhood and agency. The human body is also the repository for pollution (sgrib), which comes about as a result of violating the established hierarchy of space and place and from bringing about changes to the local matrix of embodied persons. Both bodily pollution concerns and the need for proper relations with local spirit numina mandate definite, ongoing ritual attention. Rituals are occasioned in response to births, deaths, spirit possession, unintentional pollution of places or household objects, and movements within the monastic ecclesiastical structure, or happen regularly according to an astrologically and agriculturally influenced calendar.Rituals are performed by monks not only because they are trained specialists, but because... (shrink)

A theory of reference for proper names according to which reference is fixed solely in terms of the contents of language users' minds is an idealist theory. A theory of reference for proper names in which reference is fixed not in terms of the contents of language users' minds, but in terms of causal chains connecting users to referents is a materialist theory. A dualist theory is one in which reference is fixed both by the contents of minds (...) and causal chains. The main reason materialists and dualists have for rejecting an idealist account of reference for proper names is that it supposedly cannot deal with certain facts of reference. These facts of reference, pointed out by Keith Donnellan and Saul Kripke, are cases in which a name's user appears to associate beliefs or intentions with a name whose contents are either false of the referent or too meagre to identify it, but nevertheless the name succeeds in referring to its referent. In addition to telling a tale about a cataclysm that attempts to motivate an idealist account of reference, in this paper I will show that an idealist can handle these facts of reference. In the problematic cases the idealist can very well point to a content of the mind that identifies the referent: the referent's individual essence. (shrink)

This research aims to open the insight of Christian believers and leaders in Indonesia regarding (YAHWEH), the name of the Biblical God or Elohim, whom Christianity has forgotten in Indonesia. Whereas הוהי(YAHWEH) is the Omnipresent God of the Covenant. He is present not only in the New Testament but also in the Old Testament. The fact of His omnipresence is written in the Old Testament Scriptures through several of His self-revelations, which are the same or similar to the self-revelation (...) uttered by YESHUA HaMashiakh. This study was conducted based on Jeremiah 23:23–24, which contains an incident where YAHWEH as the proper name of the God of Israel/Judah, was forgotten by the people of Israel/Judah because of the actions of their prophets at that time who planned to make YAHWEH’s people forget the name of YAHWEH through their leadership. Their dreams lie, just as their ancestors forgot the Name of YAHWEH because of Baal. The text of Jeremiah 23:23–32 was deliberately chosen and used as primary data by researchers because the cases contained in it are similar to what is a reality in the life of faith of Indonesian Christians today. It is hoped that the selection of the text of Jeremiah 23:23–24 is truly relevant to obtain findings that will be very useful for transforming the worship of a truly Biblical God. In this qualitative literature study, the methods used by researchers are exegesis, interpretation, and comparison both with primary data from Jeremiah 23:23–32 and with several secondary data in the form of literature and texts considered parallel. It is hoped that the research results and their implications can be implemented in the faith life of Christians in Indonesia who still use the Name of Allah so that in the future it is hoped that the Bible will truly contain the name YAHWEH. YAHWEH is no longer replaced by the title LORD or the name ALLAH. Also, the terms Elohim (~yhla) in the Old Testament and Theos (Qeoj) in the original New Testament are no longer translated as the Name of God. (shrink)

Saul Kripke's thesis that ordinary proper names are rigid designators is supported by widely shared intuitions about the occurrence of names in ordinary modal contexts. By those intuitions names are scopeless with respect to the modal expressions. That is, sentences in a pair like (a) Aristotle might have been fond of dogs, (b) Concerning Aristotle, it is true that he might have been fond of dogs will have the same truth value. The same does not in general (...) hold for definite descriptions. If one, like Kripke, accounts for this difference by means of the intensions of the names and the descriptions, the conclusion is that names do not in general have the same intension as any normal, identifying description. However, this difference can be accounted for alternatively by appeal to the semantics of the modal expressions. On the account we suggest, dubbed 'relational modality', simple singular terms, like proper names, contribute to modal contexts simply by their actual world reference, not by their descriptive content. That account turns out to be fully equivalent with the rigidity account when it comes to truth of modal and non-modal sentence (with respect to the actual world), and hence supports the same basic intuitions. Here we present the relational modality account and compare it with others, in particular Kripke's own. (shrink)

Successful surgical treatment of patients with focal drug-resistant epilepsy remains challenging, especially in cases for which it is difficult to define the area of cortex from which seizures originate, the seizure onset zone. Various diagnostic methods are needed to select surgical candidates and determine the extent of resection. Interictal magnetoencephalography with source imaging has proven to be useful for presurgical evaluation, but the use of ictal MEG data remains limited. The purpose of the present study was to determine (...) whether pre-ictal variations of spectral properties of neural activity from ictal MEG recordings are predictive of SOZ location.We performed a 4 h overnight MEG recording in an 8-year-old child with drug-resistant focal epilepsy of suspected right fronto-temporal origin and captured one ~45-s seizure. The patient underwent a right temporal resection from the anterior temporal neocortex and amygdala to the mid-posterior temporal neocortex, sparing the hippocampus proper. She remains seizure-free 21 months postoperatively. The histopathological assessment confirmed frank focal cortical dysplasia type IIa in the MEG-defined SOZ, which was based on source imaging of averaged ictal spikes at seizure onset. We investigated temporal changes together with spatial differences in spectral parameters of background brain activity, namely the aperiodic broadband offset and slope, and assessed how they confounded the interpretation of apparent variations of signal power in typical electrophysiological bands. Our data show that the SOZ was associated with a higher aperiodic offset and exponent during the seizure compared to control regions. Both parameters increased in all regions from 2 min before the seizure onwards. Regions anatomically closer to the SOZ also expressed higher values compared to contralateral regions, potentially indicating ictal spread. We also show that narrow-band power changes were caused by these fluctuations in the aperiodic component of ongoing brain activity. Our results indicate that the broadband aperiodic component of ongoing brain activity cannot be reduced to background noise of no physiological interest, and rather may be indicative of the neuropathophysiology of the SOZ. We believe these findings will inspire future studies of ictal MEG cases and confirm their significance. (shrink)

There are two major semantic theories of proper names: Semantic Descriptivism and Direct Reference. According to Semantic Descriptivism, the semantic content of a proper name N for a speaker S is identical to the semantic content of a definite description “the F” that the speaker associates with the name. According to Direct Reference, the semantic content of a proper name is identical to its referent. As is well known, Semantic Descriptivism suffers from a (...) number of drawbacks first pointed out by Donnellan (1970) and Kripke (1972).1 The first difficulty is semantic: in many cases, the definite description that S associates with N (if it denotes) denotes an entity other than the referent of N. The second difficulty is epistemic: in many cases, contrary to what Semantic Descriptivism predicts, an utterance of “N=the F” does not semantically express a proposition that is knowable a priori. And the third difficulty is modal: although Semantic Descriptivism entails that the proposition semantically expressed by an utterance of “N=the F” is metaphysically necessary, in many cases the relevant proposition is actually metaphysically contingent. Direct Reference faces three main difficulties of its own. First, there is the problem of cognitive significance (or, as it has come to be known, Frege’s Puzzle): if the content of a proper name is its referent, then different proper names have the same content, and hence utterances of “N=M” and “N=N” semantically express the same proposition; yet these two utterances differ in cognitive significance, and it would seem 1 that utterances semantically expressing the same proposition should not differ in cognitive significance. Second, there is the problem of substitution: if the content of a proper name is its referent, then co-referential proper names should be intersubstitutable in propositional attitude contexts salva veritate; yet linguistic intuitions suggest that substitution of co-referential proper names in such contexts often fails to preserve truthvalue.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Political Identity of the Philosopher:Resistance, Relative Power, and the Endurance of PotentialSamuel McCormickThe troublemaker is precisely the one who tries to force sovereign power to translate itself into actuality.—Giorgio AgambenBeyond the Straussian Practice of "Philosophic Politics"In the second half of the 1920s, Bertolt Brecht began a series of short stories about a "thinking man" named Mr. Keuner. Among the first stories he published was "Measures Against Power" (...) ("Maßnahmen gegen die Gewalt"), the opening passage of which provides the subject of this essay:As Mr. Keuner, the thinking man [Denkende], was speaking out against power in front of a large audience in a hall, he noticed the people in front of him shrinking back and leaving. He looked around and saw standing behind him—Power [Gewalt]."What were you saying," Power asked him."I was speaking out in favor of Power," replied Mr. Keuner. [End Page 72]After Mr. Keuner had left the hall, his students inquired about his backbone [Rückgrat]. Mr. Keuner replied: "I don't have a backbone to be broken. I'm the one who has to live longer than Power [Gerade ich muß länger leben als die Gewalt]."(2001, 3)How are we to understand the political activity of this "thinking man"? Clearly, Mr. Keuner is no Cynic. Unlike Diogenes, who famously ordered Alexander the Great to step out of the way and then openly rebuked his authority as king, Mr. Keuner refuses to play the part of the parrhesiastes.1 His political activity more closely resembles that of a Stoic philosopher. Consider, for instance, the way his reply to Power echoes that of Seneca the Younger: "It seems to me erroneous to believe that those who have loyally dedicated themselves to philosophy are stubborn and rebellious, scorners of magistrates or kings or of those who control the administration of public affairs. For, on the contrary, no class of man is so popular with the philosopher as the ruler is" (Ep. 73.1–2 [1920, 105]).Given this attitude toward the powers that be, we might also figure Mr. Keuner's conduct in terms of the Straussian practice of "philosophic politics." For Leo Strauss, one of the most striking, and sometimes strident, twentieth-century scholars to consider the political identity of the philosopher, philosophic politics consists in "satisfying the city that the philosophers are not atheists, that they do not desecrate everything sacred to the city, that they reverence what the city reverences, that they are not subversives, in short, that they are not irresponsible adventurers but good citizens and even the best of citizens." This is the defense of philosophy that is required "always and everywhere," Strauss concludes, regardless of what the dominant political order might be (1991, 205–6).Although he is certainly willing to appease Power, Mr. Keuner differs from Strauss's philosophic politician in three fundamental ways, each of which suggests that a closer examination of his speech and action is in order. First, the Straussian practice of philosophic politics does not consist in advocating for political or social change but in defending the discipline of philosophy. For Strauss, "there is no necessary connection between the philosopher's indispensible philosophic politics and the efforts which he might or might not make to contribute toward the establishment of the best regime" (1991, 205). For Mr. Keuner, however, the discipline of philosophy—and with it his identity as a "thinking man"—is neither in need of defense nor distinct from his political activity but, instead, available for use as a persuasive resource in his interaction with Power. How he [End Page 73] avails himself of the tropes and topoi of philosophical inquiry can only be determined by examining his conduct closely.Second, the proper site of philosophic politics is not the political activity of "thinking" men and women but their philosophical tracts and treatises. Thus, in searching for the "philosophic politics" of Mr. Keuner, Strauss would have us focus not on his interaction with Power but on the writings for which he has come to be known as a "thinking man." As I argue in a recent edition of this journal (2005, 302–3), this... (shrink)

Plural identity—the relation of identity between some things xx and some things yy—has been standardly defined in terms of the plural relation one of (or among). This paper challenges that standard view. To that end, it will be argued, first, that the identity relation, singular or plural, can only be defined in a higher-order language, second, that the standard definition of plural identity in terms of the one of (or among) relation should be regarded instead (...) as providing a criterion of identity for pluralities of some particular kind, and third, that there are pluralities of another kind with which a different criterion of identity is associated. The upshot will be that plural identity as standardly defined cannot be the plural counterpart of singular identity. (shrink)

A debut picture book that explores the importance of pronouncing names properly and celebrates cultural identity. Saajin loves his name--he loves it so much that he sees it spelled out in the world around him in his snacks, in the sky and sometimes he even sings it aloud. On his first day of school, Saajin is excited to meet his new classmates, but things take a turn when the teacher mispronounces his name as Say-jin and he is (...) not sure how--or if he should--correct her. After trying to live with the different version of his name for a while and some thoughtful conversations with his family about the meaning behind it, Saajin realizes the importance of reclaiming his name and embracing his identity. This empowering story, accompanied by energetic and vibrant art by Samrath Kaur, will resonate with any reader who has ever felt misunderstood. (shrink)

The grounding problem is related to the puzzle of numerically distinct spatiotemporally coincident objects. Suppose Lumpl –a lump of clay– and Goliath – the statue – are created and later destroyed, simultaneously. They would share all of their physical and spatiotemporal properties and relations. But, Goliath and Lumpl have different modal and sortal properties, which would suggest they are distinct entities, while at the same time entirely co-located. This issue creates a puzzle and raises the question of how two distinct (...) objects can be entirely colocated. Thus, on the one hand, monists (opponents of coincident objects) argue that even though we have given that thing two different names, we should keep in mind that Lumpl and Goliath, for as long as they exist, are entirely similar in terms of their physical and spatiotemporal structures. On the other hand, however, the lump and the statue have different properties. So, pluralists claim that based on Leibniz‘s law, Lumpl and Goliath would be distinct coincident objects. Monists have challenged the possibility and plausibility of the occurrence of coincident objects by the grounding problem: they think that if we accept pluralism, we have to deal with the thorny problem of what grounds the alleged modal differences between Lumpl and Goliath, given that they are similar in all their physical and spatiotemporal aspects. Some monists suspect that pluralists will not be able to find plausible grounds by means of which to explain Lumpl and Goliath‘s modal (and other) differences, and therefore conclude that the grounding problem is a compelling reason to reject pluralism as an untenable approach towards the puzzle of coincident objects. In this thesis, I attempt to show that the grounding problem, contrary to the false advertisement of some monists, does not seriously threaten the possibility and plausibility of the pluralism concerning the existence of numerically distinct spatiotemporally coincident objects. Underlining the plausibility and possibility of the pluralists‘ position, I specify most parts of this thesis as an investigation into how the grounding problem can be solved in support of pluralism. Various solutions to this problem have been proposed by pluralists from different standpoints. In general, most of these significant solutions, based upon general strategies they follow, can be classified into these two categories: the solutions which appeal to the supervenience relations (supervenience-based solutions), and the solutions which take primitivist approaches (primitivist strategies). My research proposes to take up the validity of the aforementioned strategies, and I assess them in relation to the pluralists‘ ability to solve the grounding problem. I argue that both supervenience-based solutions and the some of primitivist strategies – including the modal plenitude, sortal, and identity-based primitivism – are not winning strategies to settle the grounding problem. Considering the point mentioned, I put forward a new account of the primitivist solution to the grounding problem based on the Aristotelian notion of essence which I call ‗essential primitivism‘. I argue that the primitive essences of coincident objects can properly ground the modal and sortal properties making coincident objects distinct. (shrink)

Proper names—expressions such as “Barack Obama” or “New York”—play a crucial role in the philosophical debate on reference, that is, the relation that allows words to stand for entities of the world. In an elicited production test, Devitt and Porot prompt participants to use proper names to compare the Descriptivist Theory and the Causal‐Historical Theory on proper names’ reference. According to the Descriptivist Theory, names refer to the entity that fulfills the description that speakers associate with (...) them. In contrast, the Causal‐Historical Theory holds that names refer to the entity at the origin of the causal‐historical chain of uses, regardless of any description. Devitt and Porot consider a criticism of their work, which they call “New‐Meaning objection”: upon reading the vignette, the participant gains access to some facts unknown to the people within the fictional scenario. As a consequence, the descriptivist participant may undertake the elicited production test by relying upon a new meaning that is in force within a linguistic community “in the know.” In that case, the Descriptivist Theory predicts the same name usage as the Causal‐Historical Theory. While Devitt and Porot address the objection also with a follow‐up experiment, they consider the criticism theoretically flawed, arguing that names do not change meaning any time speakers acquire new information about the world. In this article, I argue that, contrary to Devitt and Porot's claim, their vignette inclines the descriptivist participant to assume that the name has acquired a new meaning. (shrink)

In his new book, Brandom offers a new argument against the viability of Sellars’ scientific naturalism. Brandom attempts to show that if the Sellarsian it scientia mensura principle is understood as implying that manifest-image objects exist only if they are identical to scientific-image objects, it is undermined by the ‘Kant–Sellars’ thesis about identity which implies that manifest-image objects cannot be identical to scientific-image objects. This conclusion can be evaded by construing the relation between manifest and scientific objects as weaker (...) than that of identity, namely as a relation between manifest-image functional roles and scientific-image realizers. But Brandom again argues that even this weaker construal of the scientia mensura thesis is in conflict with another Sellarsian argument, this time against phenomenalism. It will be argued that this is not so. I will, moreover, suggest that the ‘function-realizer’ construal of the manifest-scientific image distinction is indeed tenable—especially if the process of determining the scientific-image realizers of functional roles specified in manifest-image is understood as the culmination of a self-correcting dynamic and diachronic process of conceptual change. Finally, I will argue that while Brandom is right to point out that Sellars’ adherence to the scientia mensura principle is based on a ‘unity-of-science’ view, he is wrong to think that his argument for the contrary conclusion is successful, because Brandom’s argument does not automatically tell against a weaker ‘unity-of-science’ view according to which incommensurability of explanatory levels in science is a pragmatically indispensable yet in principle dispensable feature of empirical inquiry. (shrink)

Standard semantics of proper names assigns them the function of reference to individual things. This presupposes that to understand the meaning of a proper name is to understand what it denotes in the context of its referential use. But unambiguous identification of the referent of a proper name in its normal (referential) use looks like an unsolvable problem. Senses associated with referential uses of such names don't allow ascribing them singular referents in their (...) contexts; and what concerns contexts themselves, they either don't contain proper referents at all or contain more than one, thus being referentially ambiguous. Some philosophers of language believe that the main problem for the standard semantics of proper names is that they assign them referents of wrong kind: that these, for instance, should be rather abstract entities, i.e. sets, than individual things. In this paper I try to argue that the choice of an alternative semantics for proper names does not solve the main problem with their meanings, i.e. that of their referential ambiguity. On the one hand even in the most transparent contexts there is always available an alternative referent to be assigned to the proper name's use along with some standard or default one; the fact that we prefer some standard interpretation (when we actually do) over alternative ones reflects at best that certain semantic theories contribute more substantially to ordinary communication in comparison with others. This does not yet imply that they better explain meanings of proper names. On the other hand there is also no good explanation of a phenomenon of reference to a particular thing as such: we still don't understand how a name may become referring to one and the same particular thing in many different situations for many different agents of its use etc., and how the thing may literally become a bearer of a name. (shrink)

In some ways that have been largely ignored, ethnic-group names might be similar to names of other kinds. If they are, for instance, analogous to proper names, then a correct semantic account of the latter could throw some light on how the meaning of ethnic-group names should be construed. Of course, proper names, together with definite descriptions, belong to the class of singular terms, and an influential view on the semantics of such terms was developed, at the (...) turn of the nineteenth century, from discussion of a puzzle about some differences in the cognitive value of certain statements of identity. Clearly, that a = a (e.g., that Mark Twain was Mark Twain) is trivial, and its truth could be known a priori, just by thinking. On the other hand, that a = b (e.g., that Mark Twain was Samuel Clemens) is of course informative and knowable only by empirical investigation. To solve this puzzle, Frege famously proposed that those variations in the cognitive value of statements of identity “can arise only if the difference between the signs corresponds to a difference in the mode of presentation of that which is designated.” On his view, although in the above statements of identity, the singular terms, ‘a,’ and, ‘b,’ may designate the same thing, they do so with different senses, or under different modes of presentation of that object. When the puzzling statements involving ‘a’ and ‘b’ are true, they may then be said to have exactly the same reference. But since those singular terms pick out the object of reference differently (i.e., under different senses or modes of presentation), therefore the cognitive value of these statements also varies significantly. On this account, then, the reference of a non-vacuous proper name is secured by the name’s sense, or mode of presentation, which constitutes its semantic content. And given that Fregeans (here under the influence of Russell) cash out that sense as consisting in whatever concept (or cluster of concepts) could be uniquely associated with that name, they might hold, for example, that the property of being the author of Huckleberry Finn, and that of being an American who lived his early life in Hannibal, Missouri, and later became a famous writer, amount to the senses of ‘Mark Twain,’ and ‘Samuel Clemens,’ respectively.. (shrink)

‘Only’ associates with focus and licenses NPIs. This paper looks at the distributional pattern of NPIs under ‘only’ and presents evidence for the movement theory of focus association and against an in situ approach. NPIs are licensed in the ‘scope’ (or the second argument) of ‘only’, but not in the complement (or its first argument), which I will call the ‘syntactic restrictor’. While earlier approaches argued that ‘only’ licenses NPIs in the unfocused part of the sentence it occurs (...) in except in its focus, evidence from DP-‘only’ shows that NPIs are also not licensed in the unfocused part of the syntactic restrictor. The distribution of NPIs provides a test for the size of the syntactic restrictor, and this test is applied to the case of VP-‘only’. The evidence shows that (i) the restrictor can be smaller than the entire VP and is not necessarily identical to the surface complement of ‘only’; (ii) in the case of association with a head the restrictor comprises an XP containing the head; and (iii) in cases of association into an island, the restrictor comprises the entire island. Generalizations (i)–(iii) can be captured straightforwardly by a movement approach but are incompatible with an in situ analysis. Contextual domain- restriction of the kind used in in situ approaches accounts for the appropriate semantics in cases where the semantic focus is properly contained in the syntactic restrictor of ‘only’. (shrink)

Principally under the influence of Saul Kripke (1972), philosophical semantics since the closing decades of 20th century has been dominated by thephenomenon Nathan Salmon (1986) aptly dubbed Direct Reference “mania.” Accordingly, it is now practically orthodox to hold that the meanings of proper names are entirely exhausted by their referents and devoid of any descriptive content. The return to a purely referential semantics of names has, nevertheless, coincided with a resurgence of some of the very puzzles that motivated (...) description theories of names in the first place, to wit: the informativeness of true identity statements of the form ‘a=b’ and the failure of substitutivity salve veritate for co-referential names in propositional attitude ascriptions. I argue that a Metalinguistic Description Theory of proper names, which treats the meaning of an arbitrary proper name as roughly equivalent to the definite description ‘the bearer of NN,’ offers a novel, semantically innocent solution to these puzzles when synthesized with Keith Donnellan’s (1966) insight that descriptions are semantically ambiguous between attributive and referential meanings. The ensuing account is then defended against two well-known Kripkean objections to metalinguisticsemantics: the Circularity Objection and the Paderewski Puzzle. (shrink)

In this essay I will defend a novel version of the indexical view on proper names. According to this version, proper names have a relatively sparse truth-conditional meaning that is represented by their rigid content and indexical character, but a relatively rich use-conditional meaning, which I call the (contextual) constraint of a proper name. Firstly, I will provide a brief outline of my favoured indexical view on names in contrast to other indexical views proposed (...) in the relevant literature. Secondly, two general motivations for an indexical view on names will be introduced and defended. Thirdly, I will criticize the two most popular versions of the indexical view on names: formal variable accounts and salience-based formal constant accounts. In the fourth and final section, I will develop my own use-conditional indexical view on names in three different steps by confronting an initial version of this view with three different challenges. (shrink)

Millianism is the view that the semantic content of a proper name is its semantic referent. Empty names, names with no semantic referents, raise various problems for Millianism. To solve these problems, many have appealed to pragmatics, thus ‘Pragmatic Millianism’. Pragmatic Millianism employs the relation of association between names and descriptions as well as some pragmatic processes to substitute empty names with descriptions associated with. The resultant content should account for the intuitions raised by (...) utterances of sentences containing empty names. Here, I will try to argue against this picture: Names are associated with descriptions of different kinds in a number of ways. The complex nature of this relation is overlooked by Pragmatic Millianism. Neither the relation of association nor the pragmatic processes responsible for substituting a description or a cluster of descriptions for an empty name guarantee the fullness of what is pragmatically imparted. The moral is this: Regarding empty names, Pragmatic Millianism should be avoided. (shrink)

Fictional names present unique challenges for semantic theories of proper names, challenges strong enough to warrant an account of names different from the standard treatment. The theory developed in this paper is motivated by a puzzle that depends on four assumptions: our intuitive assessment of the truth values of certain sentences, the most straightforward treatment of their syntactic structure, semantic compositionality, and metaphysical scruples strong enough to rule out fictional entities, at least. It is shown that these four assumptions, (...) taken together, are inconsistent with referentialism, the common view that names are uniformly associated with ordinary individuals as their semantic value. Instead, the view presented here interprets names as context-sensitive expressions, associated in a context of utterance with a particular act of introduction, or dubbing, which is then used to determine their semantic value. Some dubbings are referential, which associate names with ordinary individuals as their semantic values; others are fictional, which associate names, instead, with sets of properties. Since the semantic values of names can be of different sorts, the semantic rule interpreting predication must be complex as well. In the body of the paper, I show how this new treatment of names allows us to solve our original puzzle. I defend the complexity of the semantic predication rule, and address additional worries about ontological commitment. (shrink)

A number of prominent metaphysicians have recently defended a set of ideas which I will call ‘essentialist plenitude.’ Very roughly, and to a first approximation, essentialist plenitude says that wherever there is an object with properties P1, …, Pn there is in fact a plenitude of coincident objects that differ only in the distribution of essentiality and accidentality across P1, …, Pn (§1). The main purpose of this paper is to arouse the suspicion that essentialist plenitude may have (...) far-reaching consequences for the semantics of proper names. More specifically, I will argue that neither descriptivist nor causal theories of proper names work in a plenitude setting (§2). I will close by suggesting that our use of proper names may be thoroughly infected by semantic indecision about which among many coincident objects is referred to (§3). (shrink)

In this discussion I take it for granted that proper names are words of a language, are not mere interjections or burps. I also take it for granted that for any proper name “N. N.” there is some general term “A” that gives the relevant criterion of identity; repeated use of “N. N.” involves an intention to keep on saying things about one and the same A, or as I shall put it for short “N. (...) N.” is a name for an A. An intention to keep on referring barely to the same thing is, as lawyers say, void for uncertainty. These theses have been denied, but I think not reasonably. Some very silly arguments have been used recently: e.g. an argument from the logical possibility of Protean change is put up to show that a proper name may attach to a thing no matter what sort it comes to belong to. (shrink)

“Politeness” appears to be connected to a quite disparate set of related concepts, including but not limited to, “manners,” “etiquette,” “agreeableness,” “respect” and even “piety.” While in the East politeness considered as an important social virtue is present (and even central) in the theoretical and practical expressions of the Confucian, Taoist and Buddhist traditions, (indeed politeness has been viewed in these traditions as central to proper education) it has not featured prominently in philosophical discussion in the West. American presidents (...) Thomas Jefferson, Benjamin Franklin and George Washington all devoted discussion to politeness within the broader ambit of manners and etiquette, as too did Erasmus, Edmund Burke and Ralph Waldo Emerson but on the whole sustained philosophical engagement with the topic has been lacking in the West. The richest source for philosophical investigation is perhaps afforded by the centrality of the concept of respect in Immanuel Kant.However in this paper we will instead draw on the writings of Aristotle and Thomas Aquinas to defend the centrality of “politeness” as an important and valuable moral virtue. Starting with an analysis of the broader Aristotelian arguments on the virtues associated with “agreeableness,” namely, friendliness, truthfulness and wit I will argue that “politeness” should be thought of as an important moral virtue attached to social intercourse (and by extension the vice of impoliteness). I then move to identify an even broader and more important account of politeness, drawing on the work of Aquinas, as intimately connected to the notion of pietas (piety) as a fundamental part of the virtue of justice. (shrink)

There is a fairly general consensus that names are Millian (or Russellian) genuine terms, that is, are singular terms whose sole semantic function is to introduce a referent into the propositions expressed by sentences containing the term. This answers the question as to what sort of proposition is expressed by use of sentences containing names. But there is a second serious semantic problem about proper names, that of how the referents of proper names are determined. This is the (...) question that I will discuss in this paper. Various views consistent with Millianism have been proposed as to how the semantic referents of proper names are determined. These views can be classified into (1) description theories and (2) causal theories, but they can also be classified into (3) social practice theories, on which a name’s referent is determined by a social practice involving the referent, and (4) individualistic theories, on which the referent of the use of a name is determined by the speaker’s state of mind. Here I argue against social practice theories of the sorts proposed by Kripke and Evans and in favor of an individualistic approach to name reference. I argue that social practice is irrelevant to determining name reference and that, as a consequence, names have no meanings in natural languages. In the second part of the paper I motivate and propose a new form of individualistic theory which incorporates features of both description theories and Evans’s social practice theory. (shrink)

What is the problem with capitalism? Is it wrong, unjust, irrational, or bad? Is it evil or dumb—or is it just not working? While critiques of capitalism have become commonplace—particularly since the most recent global economic crisis—it is often unclear what exactly is being condemned. Likewise, the normative presuppositions and criteria of such criticisms have been left unspecified. In this paper, I distinguish between three approaches to the critique of capitalism, distinguishing a functional, a moral, and an ethical argumentative (...) strategy and paying special attention to the distinctive types of argumentation they mobilize. First, I consider the “functional” critique, typically directed against capitalism's straightforward dysfunctions or crises. We will find, however, that this sort of criticism presupposes a normative criterion that is frequently unarticulated, namely: the implied “purpose” of a well‐functioning economic system. Second, I examine a common “moral” critique, that is, that capitalism is premised on exploitation. Yet, the concept of exploitation, too, introduces certain difficulties, since the kind of moral wrong associated with it—unequal exchange—is hardly obvious to everyday observation and must be derived systematically. Third, I introduce and address the “ethical” critique, broadly, that capitalism constitutes a bad form‐of‐life. However, while I object to some of the forms this criticism has taken—in particular, I argue that much “alienation” diagnosis is tainted by nostalgia and naiveté—I nonetheless recommend developing a critique of capitalism as a form‐of‐life that would include ethical and functional criteria. I conclude with some remarks in this direction. (shrink)

This paper aims to propose a version of the description theory of reference –for short, descriptivism– on natural kind terms. This version is grounded on some proposals of descriptivists, such as Searle and Strawson, about proper names, which will be extended to natural kind terms. According to Searle and Strawson the reference of a proper name is determined by a sufficient number of the descriptions that speakers associate with the name, but among the sorts (...) of descriptions admitted by these authors are those in which the average speaker defers the reference of a term to other speakers. In this regard, descriptivism can accept Putnam’s thesis of the division of linguistic labour and claim that some of the descriptions associated by non-experts have the function of deferring the reference of natural kind terms to their reference in the use by experts. Thus, descriptivism can maintain that the reference of a natural kind term is determined by a sufficient number of the descriptions that experts concerning a natural kind associate with the term. I will argue that this version of descriptivism, which grants more weight to social links than to historical links, can explain better than Kripke’s theory the reference of the use of natural kind terms by the average speaker. (shrink)

Little is known about how certain patient characteristics can affect the timing of an ethics consultation, which has been hypothesized to affect patient length of stay. This study assessed how specific patient characteristics affect the timing of an ethics consultation, namely, age (over 65 years), race, Medicaid status, the presence of a living will, the presence of a health care proxy, and the absence of decisional capacity. Moving beyond the typical case-series evaluation of an ethics consultation service, this study (...) used an innovative approach to model how predisposing, enabling, and need factors affect health behavior and subsequently affect health outcomes for patients who received an ethics consultation at a Catholic health care system in Oklahoma. (shrink)

Direct reference theorists tell us that proper names have no semantic value other than their bearers, and that the connection between name and bearer is unmediated by descriptions or descriptive information. And yet, these theorists also acknowledge that we produce our name-containing utterances with descriptions on our minds. After arguing that direct reference proponents have failed to give descriptions their due, I show that appeal to speaker-associated descriptions is required if the direct reference portrayal of (...) speakers wielding and referring with public names is to succeed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Being Sure of One's Self: Hume on Personal Identity1 Corliss Gayda Swain A number of papers recently published on Hume's theory of personal identityhavebeen devoted to the question: Whyin the Appendix to the Treatise did Hume express complete or acute dissatisfaction with his account of personal identity in book 1 of that work?2 In this paper I shall argue that no adequate answer can be given to (...) this question because its presupposition—namely, that Hume discovered some reason to be dissatisfied with his account—is false. My thesis is that Hume did not write the section ofthe Appendix dealing with personal identity in order to raise new questions about the adequacy ofhisbook 1 account of the mind; he wrote it in order to defend that account by showing that alternative explanations of personal identity are incoherent.3 Very briefly, this defense is as follows. In the Appendix Hume considers two hypotheses concerning the nature of the human mind: the first is the hypothesis accepted by many of the modern philosophers, namely, that the mind is a thinking substance which is both unitary and simple; the secondis Hume's own account ofpersonal identity, according to which "the true idea of the human mind, is to consider it as a system ofdifferent perceptions or different existences, which are link'd togetherby the relation ofcause and effect."4 Drawing on arguments he had developed in Treatise 1.4.5 and 6, Hume shows in the Appendix that the first hypothesis, while pretending to account for the identityand simplicityofthe selfin terms ofamental substance and to offer a new foundation for knowledge, actually leads us into the same labyrinth of obscurities and contradictions in which the ancient philosophy was involved when it tried to account for the identity and simplicity of material objects in terms of material substances. The modern philosophy tried to solve the same kind of problem as did the ancients, using the same kind of resources as the ancients used, and for this reason it is involved in the same contradictions and obscurities when it tries to explain the nature of the mind as the ancients were when they tried to explain the nature of matter. Hume's response to this situationisnotmerelytorejectbothmetaphysical systemsbutalso to reject their formulation of the problems ofidentity through change and unity in diversity and thè attendant criterion ofadequacy for the solution. Hume is sceptical that the problem which both the ancient Volume XVII Number 2 107 CORLISS GAYDA SWAIN andthemodernmetaphysicians setthemselves canbe solved,5but this does not mean that he is sceptical about personal identity or his own account ofit. In book 1 Hume had argued that a proper understanding ofthe real problem of personal identity leads to a real solution. In the Appendix he is concerned to show that this solution is not a solution to the (insoluble) problem that so preoccupied the metaphysicians. It is Hume's insistence that the metaphysicians' problem is insoluble that seems to have led commentators to think that Hume was dissatisfied with his own solution to the problem ofpersonal identity. On this view, the labyrinth ofcontradictions in which Hume finds himselfin the Appendix is not a labyrinth he gets into upon accepting his own account of personal identity, but rather a labyrinth he finds himself in without that account. What the Appendix adds to Hume's positive account of personal identity is a clear statement of the destructive argument againstmetaphysical systems that try to have it both ways. Thus, the Appendix should be read not as a renunciation but as a defense. I. Hume's "Renunciation" Commentators who hold that Hume found a new problem that was connected with his book 1 account of personal identity seem to have some strong textual support for their view.6 In the introductory paragraph of the section in the Appendix dealing with personal identity, Hume says, "But upon a more strict review of the section concerningpersonal identity, I find myselfinvoWd in such a labyrinth, that, I must confess, I neither know how to correct my former opinions, nor how to render them consistent" (T 633).7 He confesses that his account ofpersonal identity is "very defective" (T 635) and claims that... (shrink)

In a recent discussion of the notion of substance Miss Anscombe points out that the following three doctrines are very closely associated: the doctrine that proper names lack all connotation, are mere labels, the view that there is nothing essential to the individual, and the doctrine that individuals are bare particulars with no properties in and of themselves. In this article as well as in other writings she rejects all three of these doctrines. And, along with (...) P. T. Geach, whose position on this matter I take to be identical to hers, she defends a doctrine of proper names that is based upon this rejection. She is quite right in supposing that the notion of individuality embodied in these three doctrines is not a straw man. E. B. Allaire has recently defended the doctrine that there are bare particulars along with its corollaries about names and the nominal essence of individuals. He even thinks the doctrine can be defended on “common sense” grounds, independently of dialectical considerations. In this paper I wish to examine one of his arguments in defence of bare particulars. (shrink)

Artificial intelligence is increasingly permeating many types of high-stake societal decision-making such as the work at the criminal courts. Various types of algorithmic tools have already been introduced into sentencing. This article concerns the use of algorithms designed to deliver sentence recommendations. More precisely, it is considered how one should determine whether one type of sentencing algorithm (e.g., a model based on machine learning) would be ethically preferable to another type of sentencing algorithm (e.g., a model based on old-fashioned programming). (...) Whether the implementation of sentencing algorithms is ethically desirable obviously depends upon various questions. For instance, some of the traditional issues that have received considerable attention are algorithmic biases and lack of transparency. However, the purpose of this article is to direct attention to a further challenge that has not yet been considered in the discussion of sentencing algorithms. That is, even if is assumed that the traditional challenges concerning biases, transparency, and cost-efficiency have all been solved or proven insubstantial, there will be a further serious challenge associated with the comparison of sentencing algorithms; namely, that we do not yet possess an ethically plausible and applicable criterion for assessing how well sentencing algorithms are performing. (shrink)

Close attention to the meanings of certain sentences--Counterfactual-Identity sentences--Reveals that no theory in which proper names are simple designators can be a complete and correct semantics of english. An account of connotation is outlined according to which connotation varies with the linguistic environment and with the context of utterance: this accounts for the fact that no proper name is synonymous with a cluster of descriptions.

In Naming and Necessity Saul Kripke offers a number of arguments in order to show that no descriptivist theory of proper names is correct. We present here a certain version of descriptivist theory -we will characterize it as an individual-use reference-fixing descriptivist theory that appeals to descriptions regarding how a name is used by other speakers. This kind of theory can successfully answer all the objections Kripke puts forward in Naming and Necessity. Such sort of descriptivist theory (...) is furthermore compatible with the picture about reference that Kripke presents. It also seems to be able to account for some phenomena that are difficult to explain on Kripke’s view (the existence of informative identity statements and true negative singular existential statements). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Refuting Fichte with "Common Sense":Friedrich Immanuel Niethammer's Reception of the Wissenschaftslehre 1794/5Richard Fincham, Assistant Professor of philosophyEven a cursory comparison of Fichte's first published version of the Wissenschaftslehre of 1794/5 with Kant's critical works reveals a striking methodological difference.1 For, whereas Kant begins with the conditioned and ascends to the subjective foundations of its conditioning, Fichte immediately begins—in Hegel's words, "like a shot from a pistol"2 (...) —from an unconditioned subjective foundation. It may thus be said that Kant's method is "analytic," whereas Fichte's is "synthetic." For, in the Wolffian terminology of the time, the analytic method names a movement "from... consequences to their grounds," whereas the synthetic method names a movement "from grounds to their consequences."3 Kant himself employs these terms to describe the same distinction. However, he clearly believes that the analytic method is the correct procedure of all philosophy, whereas the synthetic method describes the correct procedure of mathematics.4 Therefore, it appears that Fichte's method is not only different from Kant's, but is also one that [End Page 301] Kant would not sanction. It therefore seems fruitful to consider both why Fichte has made this methodological "shift," as well as whether it is justifiable. Whereas there are no shortages of responses to this first consideration, responses to the second consideration are—at least within English-language scholarship—almost entirely lacking.5The aim of this study is to address this second consideration. In this context, the writings of an almost entirely overlooked contemporary of Fichte, Friedrich Immanuel Niethammer, will be discussed. Niethammer was professor of theology and philosophy at the University of Jena at the same time as Fichte and whilst he was initially highly supportive of Fichte and his Kritik aller Offenbarung,6 he did not share the same enthusiasm for the Wissenschaftslehre 1794/5. As early as October 1794, Niethammer thus writes that Fichte's "system of the I and not-I... appears to me to be invalid [nichtig] in every respect."7 The following year, he established the Philosophisches Journal einer Gesellschaft Teutscher Gelehrten, the initial aim of which has been interpreted as being to promote an alternative program of transcendental philosophy to that of Fichte.8 As his own writings within the first issue of the journal make clear, what is at issue for Niethammer is precisely the Wissenschaftslehre's procedure of beginning with the unconditioned.9 Niethammer instead argues that philosophy should begin with what he calls "common sense" (gemeinen Verstand). His appeal to common sense should however not be understood as identical to the kind of uncritical "appeal to common sense" (gemeinen Menschenverstand) of the British philosophers, Reid and Priestly, which Kant castigates in the Prolegomena.10 For "common sense," for Niethammer, can in no way act as the sole criterion for philosophical truth. Rather, "common sense" denotes a body of synthetic propositions that we pre-reflectively "feel" to be necessarily and universally valid, but which require "scientific" philosophy to prove their objective validity. Niethammer thus interprets Kant's critical philosophy as an endeavour to prove the objective validity of these "demands of common sense." Niethammer's point is that in constructing such a proof, philosophy must begin [End Page 302] with these common sense convictions, in order then—like Kant—to ascend analytically to conditions providing proof of their objective validity. For, as far as Niethammer is concerned, a philosophical system that utilises a synthetic method, and thus effectively "suspends" these convictions until their validity can be rigorously deduced from an unconditioned foundation, produces results that can never be acceptable to common sense and can thus never be valid. The case for rehabilitating this somewhat forgotten figure rests, however, not only upon the fact that his writings provide a fertile source of reflections concerning the legitimacy of the shift towards a synthetic method, but also upon the fact that it has been plausibly suggested that his writings influenced the thought of the Early-Romantics, Hölderlin and Novalis.11However, a further question arises in the course of reflecting upon the history of Niethammer's Philosophisches Journal. For although it ran for several... (shrink)