Malpractice insurance rates have created a crisis in American medicine. Rates are rising and reimbursements are not keeping pace. In response, physicians in the states hardest hit by this crisis are feeling compelled to take political action, and the current action of choice seems to be physician strikes. While the malpractice insurance crisis is acknowledged to be severe, does it justify the extreme action of a physician walkout? Should physicians engage in this type of collective action, and what are the (...) costs to patients and the profession when such action is taken? I will offer three related arguments against physician strikes that constitute a prima facie prohibition against such action: first, strikes are intended to cause harm to patients; second, strikes are an affront to the physician-patient relationship; and, third, strikes risk decreasing the public's respect for the medical profession. As with any prima facie obligation, there are justifying conditions that may override the moral prohibition, but I will argue that the current malpractice crisis does not rise to the level of such a justifying condition. While the malpractice crisis demands and justifies a political response on the part of the nation's physicians, strikes and slow-downs are not an ethically justified means to the legitimate end of controlling insurance costs. (shrink)

Joel Feinberg was a brilliant philosopher whose work in social and moral philosophy is a legacy of excellent, even stunning achievement. Perhaps his most memorable achievement is his four-volume treatise on The Moral Limits of the Criminal Law, and perhaps the most striking jewel in this crowning achievement is his passionate and deeply insightful treatment of paternalism.1 Feinberg opposes Legal Paternalism, the doctrine that “it is always a good reason in support of a [criminal law] prohibition that it is (...) necessary to prevent harm (physical, psychological, or economic) to the actor himself.” Against this doctrine Feinberg asserts that when an agent’s sufficiently voluntary choice causes harm to herself or risk of harm to herself, this category of harm-to-self is never a good reason in support of criminal law prohibition of that type of conduct. (shrink)

The volume starts with the paper of Lynn Maurice Ferguson Arnold, former Premier of South Australia and former Minister of Education of Australia, concerning the Exposition Internationale des Arts et Techniques dans la Vie Moderne (International Exposition of Art and Technology in Modern Life) that was held from 25 May to 25 November 1937 in Paris, France. The organization of the world exhibition had placed the Nazi German and the Soviet pavilions directly across from each other. Many papers are devoted (...) to the interpretation of this opposition. Arnold’s paper considers the differences in the two totalitarian states’ architectural and design discourse styles. Although each of them communicated a totalitarian language of purposes, permissions, and boundaries, they essentially differed in the styles of discourse represented by the architecture and design of their respective pavilions. They were opposites of each other and the liberal ideals they contested. The internationalist viewpoint reflecting the multi-ethnic mix of the USSR is contrasted to the ein Volk homogeneity represented in the German pavilion. The Soviet pavilion opted for a utopian future to be arrived at by “benign” leadership, whereas the German pavilion anchored itself in the myth of Teutonic history with the nostalgic pride protected by the swastika-bearing eagle. Jean-Yves Béziau is best known as a logician and founder of Universal Logic. However, in this paper, he poses a new philosophical question: why philosophical discourse does not use images? The paper begins with a general analysis of different types of philosophical discourses. Then, he focuses on why images have been and are still rejected in philosophical discourse. He explains various ways to use images in a fruitful way to develop philosophical thinking and discourse and illustrates his view by providing several examples. He concludes with a promising programmatic declaration about founding a new journal entitled World Journal of Pictorial Philosophy to stimulate the usage of images for developing philosophical thinking. Although complaints about the obscurity of many philosophers’ discourse are widespread, Tatiana Denisova, ex-professor of the Surgut University and a research associate of the University of the Aegean undertakes a positive attitude to this problem. She explains that the reasons for the obscurity of philosophical texts, the subsequent complexity in communicating philosophers’ meanings and their eventual incomplete understanding is not a sign of their inferiority. On the contrary, it is a sign of the fruitfulness of philosophical discourse, which can generate new meanings. Thus, the darkness of philosophical discourse is like the life-giving chaos, and the obscurity that it inevitably contains can be the keeper of implicit meanings and even their generator. Katarzyna Gan-Krzywoszyńska and Piotr Leśniewski, authors of a monograph on Polish philosopher Kazimierz Ajdukiewicz (1890 – 1963), make a comparative analysis of his educational style with that of Paulo Reglus Neves Freire (1921 – 1997). The authors highlight that these scholars have distinctly different backgrounds. The former was an educator, philosopher and a leading advocate of critical pedagogy connected with the dialogical Latin-American tradition. The latter was a philosopher and logician, a notable representative of the Lwów–Warsaw school of logic with significant contributions to semantics, model theory and the philosophy of science. Despite their apparent difference, the authors identify some striking similarities regarding their attitudes towards education; notably, their approaches are essentially dialogical. Gilah Yelin Hirsch is a multidisciplinary artist who works as a painter, writer, curator, educator, and filmmaker. In her experiential paper, he explains how and why she uses four channels of communication in her creative expression: writing, painting, filmmaking, and teaching, as dialogic inquiry. She considers that these channels compose a continuum of discourse styles, each reaching a different facet of kaleidoscopic consciousness. She claims that her choice of medium is prompted by a need to communicate her insights profoundly. Thus, for instance, she created painted allegories to express narratives based on dreams and visions emerging from her subconscious. Art and healing is another Tibetan-rooted type of discourse practised by the author. Creating and observing a healing image produces a positive psychophysiological change in both the artist and the viewer. The discourse here is tripartite between creator, image, and viewer. Filmmaking is another type of discourse she practices between the filmmaker/artist as shaman or healer and the viewer as respondent or participant. These films are meant to be experienced frame by frame, physically and emotionally in both the body and mind. Jocelyn Ireson-Paine is a cartoonist and programmer. His paper offers an original attempt to use category theory in cartooning. Category theory is a branch of mathematics that provides concepts and methods to describe general abstract structures in terms of a labelled directed graph called category, whose nodes are called objects, and whose labelled directed edges are called arrows (or morphisms or transformations or mappings). The author explores different ways to define “style” in art using category theory and a relational view of art. Moreover, he examines how “translation” (transformation) between styles could be defined and reveals the difficulties of how it could be implemented in a computer using special software. Jens Lemanski is a philosopher who has revived research in Arthur Schopenhauer’s legacy by exploring his work on mathematical evidence, logic diagrams, and problems of semantics. In this paper, he advances a new approach to eristic as an art of protecting oneself from the one who deliberately violates norms of discourse ethics to win an argument. The author attributes the origins of this view to Schopenhauer, suggesting a new reading of his work. According to the author, eristic is a prohibitive technique that takes effect when the norms of discourse ethics are transgressed and violated. Thus, eristic is viewed as a discipline of Enlightenment philosophy and a correlate of discourse ethics. Roshdi Rashed is an authority on the history of Arabic mathematical sciences. Proceeding from Gilles-Gaston Granger’s definition of mathematical style, he studies the question of whether a mathematical work can be characterized by a single style or by a multitude of styles. This question is explored within the style of a single work, namely Menelaus’s Sphaerica, and through the study of the development of a single problem over time, namely the isoperimetric problem. He indicates Menelaus’s divergence from the Euclidean style of (plane and stereometric) geometry caused by the drop of the Parallel Postulate, which associated it with hyperbolic geometry. Hence, the author concludes that Menelaus’s Sphaerica incorporates the well-known Euclidean style with a variation of the non-Euclidean one. On the other hand, examining the isoperimetric problem reveals another interesting historical picture. A succession of different styles (cosmological, geometric, infinitesimalistic, style of the calculus of variations, of synthetic geometry) can be observed due to the transformation of the research object over time. Boris Shalyutin, a Russian social philosopher, and Ombudsman for Human Rights in the Kurgan Region, explores the origins of discourse in combination with the birth of society and law. He claims that legal discourse marks the historical emergence of discourse in general. Homo Juridicus generated Homo Sapiens, which have created new spheres of discourse, notably moral discourse and further philosophical, political, and scientific discourse. Petros Stefaneas, a logician, computer scientist and novelist, suggests an alternative to the traditional narratology approach for studying (interactive) social media discourse. He claims that style describes how the parts of a narrative are blended into a whole. The author relies upon Goguen’s and Harrel’s concept of style as a choice of blending principles and transfers to the study of the social media narratives elements from the methodology of studying Web-based collaborative search for mathematical proofs like those implemented within the Polymath project. The last paper belongs to Ghil‘ad Zuckermann, a linguist, language revivalist, and proponent of a model of the emergence of Israeli Hebrew, according to which Hebrew and Yiddish were the primary sources of Modern Hebrew. This paper explores the fascinating and multifaceted Yiddish language and its survival in Israeli. Yiddish is characterized by a unique style that embeds psycho-ostensive expressions throughout its discourse. The author highlights the cross-fertilization between Hebrew and Yiddish as it manifests itself in any aspect of the Israeli language. He claims that Yiddish survives beneath Israeli phonetics, phonology, discourse, syntax, semantics, lexis, and even morphology, although traditional and institutional linguists have been most reluctant to admit it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 20 (2000) 292-296 [Access article in PDF] Book Review Subverting Hatred: The Challenge of Nonviolence in Religious Traditions Subverting Hatred: The Challenge of Nonviolence in Religious Traditions. Edited by Daniel L. Smith-Christopher. Cambridge, MA: Boston Research Center for the Twenty-first Century, 1998. 177 pp. This work raises the challenge of peacemaking to all religious traditions from within each of these traditions. Touching on primary texts, personalities, theologies, (...) histories, and practices Subverting Hatred is a sampling of the rich religious resources for nonviolence. The eight primary chapters cover Jainism, Buddhism, Confucianism and Daoism, Hinduism, indigenous traditions, Islam, Judaism, and Christianity. There is a summary epilogue and each chapter has a bibliography. Subverting Hatred [End Page 292] ought to be read in religious study groups as well as in academic settings for the study of religion.Editor Daniel Smith-Christopher teaches theological studies and directs the Peace Studies program at Loyola Marymount University in Los Angeles; he is also the author of The Religion of the Landless. In the introduction, Smith-Christopher sets out the intent of this collection. First, in the face of clear evidence that religious traditions "can be manipulated and used to justify all kinds of violence," it is vital to argue that religions are not inevitably "divisive and destructive" (p. 9). Second, the book presents the positive claim that it is "precisely the call to nonviolence that embodies one of the noblest values and sacred obligations of religion" (p. 10). Here, nonviolence means active peacemaking rather than merely refusal to engage in violence.It was exciting to see a chapter devoted to Jainism, and have it be the first of the book. The author, Christopher Chapple, is professor of theological studies and director of Asian and Pacific Studies at Loyola Marymount University; among his publications is Nonviolence to Animals, Earth, and Self in Asian Traditions. Rooted in the deep strand of nonviolence it shares with Hinduism and Buddhism, Jainism powerfully advocates nonviolence. The earliest records of the religious impulse in the Indus Valley are also the earliest images most associated with nonviolence in these religious traditions. These cylinder seal impressions of figures seated in the yoga position surrounded by plants and animals can still evoke a sense of a calm and peace. Thus, in Indian traditions the connection of nonviolence to meditative practices is inseparable.Jainism has arguably made nonviolence a central teaching for all adherents to a greater extent than other traditions. The earliest text of the Jain tradition, the Acaranga Sutra (fourth or fifth century B.C.E.) makes this clear: "'All breathing, existing, living, sentient creatures should not be slain, nor treated with violence, nor abused, nor tormented, nor driven away. This is the pure, unchangeable, eternal law." Further, the reason for this prohibition is also presented: the desire to harm arises from a false sense of self-interest, and violence ultimately comes back to harm us. Chapple then presents some striking historical examples of Jain scholarship and nonviolent action. In conclusion, though Jainism has focused upon individual spiritual liberation, Jains do not "disengage from worldly life" (p. 19), but act to promote violence reduction in society.The author of the next chapter, Christopher Queen, is at Harvard and is co-editor of Engaged Buddhism: Buddhist Liberation Movements in Asia; his interest in the social dimensions of Buddhist nonviolence is reflected in this essay. He shows how the "Peace Wheel" of Buddhist nonviolence transforms the image of the wheel of the war chariot. As the Vedic tradition developed, it produced contrasts to the tradition of yogic nonviolence shared with Jainism. The sun-disk of Vishnu and chariot of Indra were associated with war, and their symbol was the chariot wheel. In contrast, Buddha turns the wheel "by peaceful means."Queen suggests that while much of the attention in the West has focused upon the "inner peace" offered by Buddhist meditation, it is vital that we see the social [End Page 293] setting of Buddhist practice. To understand the Four Noble Truths a person must begin with the proper social relationships as directed in... (shrink)

Wants and desires are central to ordinary experience and to aesthetic, philosophical, and theological thought. Yet despite a burgeoning interest in the history of emotions research, their history as objects of scientific study has received little attention. This historiographical neglect mirrors a real one, with the retreat of introspection in the positivist human sciences of the early 20th century culminating in the relative marginalization of questions of psychic interiority. This article therefore seeks to explain an apparent paradox: the attempt to (...) develop a comprehensive theory of ‘why … we want what we want’ in the 1940s by esteemed American ‘neo-behaviorist’ psychologist Edward Tolman – a proponent of a methodology famous for its prohibition on appeals to unobservable mental phenomena. Though chiefly known today for his theory of ‘cognitive maps’, Tolman also sought to map the contours of desire as such, integrating Freudian and behaviorist models of the ‘drives’ to develop a complex iconography of the universal structures of motivation. Close attention to Tolman's striking maps offers a compelling limit case for what could and could not be captured within an anti-mentalist framework, and illuminates an important precursor to theories of motivational ‘affect’ in the postwar cognitive and neurosciences. His work upsets a standard chronology that centers on the ‘cognitive revolution’ of the 1960s, and points to the significance of psychoanalysis to an earlier turn to cognitivism. Tolman concluded his theory pointed ‘in the direction of more socialism’ – a reminder of the politically labile anti-essentialism of behaviorism's commitment to mental plasticity. (shrink)

Madani surahs generally describe the process in which various rules related to the regulation of the moral dimension of religion are determined. Some of the divine declarations made in this framework consist of rules and principles in the nature of command and prohibition. These statements, which have a normative character, also contain some evaluations about the attitudes of the interlocutors in relation to the events that took place in the period of descent. The warnings against the words and actions (...) of believers, which cannot coincide with faith, are among the most striking subjects of the Madani surahs. It is striking that these warnings, which sometimes increase in severity, generally focus on the economic concerns, demands and expectations of the believers. The increase in the welfare level with the Hijra, the inability of the new converts to fully comprehend the teachings of the religion, and the negative effect of the Jahiliyya tradition are among the main reasons for warnings against believers. On the other hand, these warnings and criticisms, which point to the weakness of speech and action, aim to prompt the believers to question their attitudes and stances by determining the ideal style of behavior compatible with faith, rather than merely condemning. In this respect, the article aims to examine the relationship of believers with worldly possibilities and material blessings in the axis of this differing dimension of Madani surahs. (shrink)

O Estado Novo, corporativo, ancorou toda a sua vasta produção legislativa na área laboral nos princípios, constantes da Constituição de 1933 e do Estatuto do Trabalho Nacional, de proscrição da luta de classes e de solidariedade entre o capital e o trabalho, o que levou a uma forte distorção do direito colectivo de trabalho, marcada pela imposição de sindicatos únicos, pela proibição da greve e pelo forte condicionamento da acção sindical e da negociação colectiva. Nos últimos anos, assistiu-se a uma (...) certa "liberalização" do regime, que se tentava modernizar, até por necessidade do próprio capitalismo português. (shrink)

Human gene patents are patents on human genes that have been removed from human bodies and scientifically isolated and manipulated in a laboratory. The U.S. Patent and Trademark Office (the USPTO) has issued thousands of patents on such genes, and patents have also been granted by the European Patent Office, (the EPO). Legal and moral justification, however, are not identical, and it is possible for a legal decision to be immoral although consistent with legal precedent and procedure. So, it is (...) surprising to learn that some people believe that the legal justification of human gene patents can remove the most serious moral objections to them. Yet, those who are well-versed in patent law often believe that confusion over some quite basic legal and scientific facts accounts for moral objections to such patents and, in particular, for the belief that they justify the ownership of one person by another. Once these confusions are removed, they contend, we will see that there is nothing especially alarming about patents on human genes, and no reason to believe them immoral. -/- Such claims seem especially surprising because the morality of an invention is generally supposed to have little role in decisions about whether or not an invention deserves a patent under U.S. law. Although the European Patent Convention’s article 53 (a) prohibits patenting inventions, the publication or exploitation of which would be contrary to public order or morality, it turns out that this clause rarely justifies withholding a patent from an invention that otherwise meets legal criteria. Thus, although more than 320,000 patents have been granted by the EPO since its creation, this clause has never been used successfully to strike down a claim for a patent. Indeed, Ulrich Schatz explains, “Poisons, explosives, extremely dangerous chemical substances, devices used in nuclear power stations, agro-chemicals, pesticides and many other things which can threaten human life or damage the environment have been patented, despite the existence of the public order and morality bar” in almost all European countries. -/- Indeed, this paper shows, while ethical objections to human gene patents are often controversial, they need not be unreasonable, nor need they depend on mistaken assumptions about patent law. Rather, they may reflect familiar ethical concerns about the dominance of commercial imperatives in modern societies; concerns about the disparities in power and wealth amongst individuals and countries; and concerns about the lack of public discussion, transparency and accountability surrounding significant changes in people’s rights, status and opportunities. Hence, I conclude, ethical concerns cannot be easily dismissed and, indeed, point to the need to think harder about the nature and justification of patent law, itself. (shrink)

The United Nations Charter prohibits states to use force against other states except in ‘individual or collective self-defence if an armed attack occurs’.1 In the past, it may have seemed reasonable to insist that permissible defence must await the actual occurrence of an armed attack. Because war is usually disastrous for all concerned and to be avoided if at all possible, and because successful defence has often been at least possible against a military attack, it may not be imprudent for (...) a state threatened with attack by another state to make every effort to avoid war by diplomatic means and thus to defer military action until its adversary actually strikes the first blow. It is also possible to deter the attack by threatening the potential aggressor both with military defeat and with the destruction, if war occurs, of assets that the aggressor values – for example, in the case of a tyrannical regime, military assets on which it depends for control of its own population. (shrink)

The Zaydī-Muʿtazilī interaction, which dates back to the early periods, increased when The Būyid vizier al-Ṣāḥib b. ʿAbbād invited Qāḍī ʿAbd al-Jabbār to Rayy and many Caspian Zaydī scholars studied with Qāḍī. Ibn Sharwīn, who is mentioned among the students of Qāḍī ʿAbd al-Jabbār and accepted as one of the Zaydī- Muʿtazilī scholars, is one of these names. The works of Ibn Sharwīn, who had writings in the field of kalām and fiqh, did not remain within the borders of the (...) Caspian and reached the Zaydīs of Yemen; one of these works is Ḥaqāʾiq al-ashyāʾ. Considering that, unlike other theological schools, there are not many works on the definitions of theological concepts in Muʿtazilī literature and -as far as is known- did not reach today, this treatise helps to understand better especially the terms in Zaydī- Muʿtazilī theology and the effects of Bahshamiyya on Zaydī thought. This work, edited and translated based on the only extant manuscript only manuscript found in Yemen and a previous publication, on the one hand, is important in understanding the point of view of Zaydī- Muʿtazilī thought on the disciplines of theology, jurisprudence, debate, history of Islamic sects, on the other hand, it is a helpful resource for understanding the terms used in the theory of aḥwāl, which is still an intricate issue. Ibn Sharwīn in his Ḥaqāʾiq al-ashyāʾ; explains over 150 terms in relation to cosmology such as substance, accident, line, surface, space; to ontology such as existing, non-existence, originated (muḥdath); to epistemology such as knowledge, creed, ignorance, doubt, skepticism, obligatory and acquired knowledge; to methodology such as evidence, madlūl, debate, and disputation; to fiqh such as sunnah, farḍ, mandūb, cause, command-prohibition, general-particular (ʿumūm-ḫuṣūṣ); to the history of sects such as ʿadliyya, compulsionists (mujbira) and qadarī; to divinity such as the oneness of God (tawhīd); to justice such as promise and threat (al-waʿd wa-l-waʿīd), good and evil, necessary and acquired, grace, compensation, repentance, major and minor sins; to the theory of al-aḥwāl such as attribute of the essence, determinant (muḳtaḍī), entail (muḳtaḍā), muṣaḥḥiḥ, cause. Describing ḥadd that corresponds to “definition” and ḥaḳīḳat that he used together with it as collectively exhaustive, mutually exclusive, Ibn Sharwīn defines knowledge, power, living (ḥayy), speech (kalām), speaker (mutakallim), permanent (bāqī) etc. in a way that is true for both God and human beings. While making these definitions, he draws on poems, linguistic usages and verses and divides the nouns into three parts at the end of his work, namely linguistic, religious and conventional (sharʿī and waḍʿī); in particular, he gives detailed information about metaphors and parts of truth. Another striking aspect of the work is the explanation of the meanings of the imperative mood which is included in the subjects of the Methodology of Fiqh. (shrink)

Armed reprisals are the limited use of military force in response to unlawful actions perpetrated against states. Historically, reprisals provided a military remedy for states that had been wronged by another state without having to resort to all-out war in order to counter or deter such wrongful actions. While reprisals are broadly believed to have been outlawed by the UN Charter, states continue to routinely undertake such self-help measures. As part of the roundtable, “The Ethics of Limited Strikes,” this essay (...) examines the doctrine of armed reprisals in light of recent instances of states using force “short of war” in this manner. We argue that the ban on reprisals has been largely ignored by states, and that recent attempts to apply the laws of armed conflict to the cyber domain are further weakening this prohibition. We conclude that this is a potentially dangerous development that lowers the bar for resorting to military force, risking escalation and thereby further destabilizing the international system. (shrink)

Abstract:When people reason on the basis of moral rules, do they suppose that in the absence of a prohibitory rule they are free to act, or do they suppose that morality always requires a justification establishing a permission to act? In this essay we present a series of learning experiments that indicate when learners tend to close their system on the basis of natural liberty and when on the principle of residual prohibition. Those who are taught prohibitory rules tend (...) to infer natural liberty while those taught permission rules tend to infer residual prohibition. In mixed cases, where learners are taught both types of rules, there is some tendency to suppose that natural liberty is the default. Both natural liberty and its denial can be learned; is there a reason to adopt one system of moral rules or the other? We argue that systems of social morality based on a principle of natural liberty have a striking advantage over their competitors: they are well adapted to effectively exploring the constant novel circumstances that arise in open, dynamic, societies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Epistemologies and the Limitations of Philosophical Enquiry: Doctrine in Madhva VedantaChristopher BartleyEpistemologies and the Limitations of Philosophical Enquiry: Doctrine in Madhva Vedanta. By Deepak Sarma. London and New York: RoutledgeCurzon, 2005. Pp. xiii + 101.Epistemologies and the Limitations of Philosophical Enquiry: Doctrine in Madhva Vedanta, by Deepak Sarma, purports to discuss the possibility of philosophical evaluation of a tradition of thought and practice, in this case the Dvaita (...) school of Vedānta to which the author belongs, that upholds a "strict insider epistemology." (Although the work bears the subtitle "Doctrine in Madhva Vedanta," for information about beliefs and epistemology the reader would be better advised to consult Deepak Sarma's An Introduction to Madhva Vedanta [Ashgate, 2003].)The present reviewer is not privy to the "insider-outsider debate" apparently current in some centers of Religious Studies, and I state at the outset that I cannot see what all the fuss is about. If one is not a member of a private club, one probably doesn't care about what goes on within its walls. If a tradition is closed to nonmembers, successfully concealing its beliefs and practices (in the manner of some versions of Freemasonry), that's the end of the matter. If texts are really not accessible (p. 6), the activities that the philosopher can pursue are not just "severely restricted"! If what a tradition involves is public (even allowing for esoteric elements revealed only to initiates and for rituals of restricted participation), there are still "outsiders," but they are not debarred from appreciation, discussion, and critical philosophical [End Page 126] analysis of its truth claims. Albeit a middle-aged male member of the Church of England, I can understand (in the conventional sense of the term, which is the only one it has) the Dvaitin adoption of the unusual reading "atat tvam asi" (Chandogya Upanishad 6.8.7 et seq.).What is meant by "insider epistemology"? Sarma says:[T]here are two kinds of communities that uphold insider epistemologies. One is centred around experiential data and claims that outsiders can neither know nor understand what it is like to be an insider. The other simply does not permit outsiders to access root texts. Though actual communities are likely to lie somewhere between these two, or combine elements from each, this bivalent taxonomy is useful as a heuristic device [sic]. (p. 9)The Madhvas, insofar as they deny noninitiates access to some of their basic texts, belong to the second group. (Members of the first are what can politely be called eccentric.) Madhvāchārya, the founder, prohibited outsiders from reading certain texts and from learning from teachers. These restrictions on eligibility, it is claimed, "insulated his position from criticism and evaluation."Even if outsiders' views of core Madhva school doctrines are deemed irrelevant by insiders, Sarma's assertion that Madhvāchārya's views are immune to rational consideration by people who do not belong to the same tradition will astonish anyone familiar with medieval Vedāntic debates. The second chapter describes the historical context in which Madhvāchārya's "insider epistemology" was established. The problem here for the author's insistence on some particularly exigent sort of Dvaitin exclusivity is that there is nothing strikingly un-Vedāntic about that tradition's claims where eligibility for hearing and understanding Scripture (shruti) is concerned. As the author makes clear, Vedāntic theological enquiry, the systematic elucidation of the Upanishads and Brahma-sūtras in the context of dialectic between rival schools, was the preserve of males born into the higher three castes who could understand Sanskrit. This constraint is sometimes intensified by sectarianism, where cultic initiation is additional to caste-based qualification. In the latter respect, the Madhvas are comparable to Shrī Vaishnavas and sundry Shaiva cults. But none of this impeded a plethora of rational disputation! Had the Madhva school prohibited outsiders from "accessing its texts altogether," argument could never have gotten off the ground. But it certainly did. Moreover, the restrictions on eligibility or qualification (adhikara) to study Scripture amount to the claim that there are moral and intellectual preconditions for a proper understanding of some subject matter. At its most... (shrink)

Moby-Dick has long served as an index of contemporary events and changing paradigms. Yet despite its long and varied history of interpretation, an analysis of the novel’s reception history demonstrates a striking unanimity of purpose. In nearly every instance, Ahab’s excesses and inhumanities are identified and prohibited in the name of ensuring that the novel can aid in the work of furthering the aesthetic education of man. In the process, the artwork’s integrity, achievement and essential irreducibility are subordinated to the (...) demand that artworks provide essential moral instruction. The present essay reconstructs this common task through a close reading of the novel’s reception history, tracking its development from the time of Melville’s contemporaries to more recent debates between Donald E. Pease and William V. Spanos. Through Theodor W. Adorno’s work on aesthetics and society, this critical reinterpretation of Moby-Dick tries to better understand the “wicked book” its author first recognized, and for whose infernal birth he felt, in his own words, “as spotless as the lamb.”. (shrink)

Carol Pateman has said that the public/private distinction is what feminism is all about. I tend to be sceptical about categorical pronouncements of this sort, but this book is a work of feminist political philosophy and the public/private distinction is what it is all about. It is motivated by the belief that we lack a philosophical conception of privacy suitable for a democracy; that feminism has exposed this lack; and that by combining feminist analysis with recent developments in political philosophy, (...) we can meet the philosophical and political need for a distinctively democratic conception of privacy. This book then, is an effort to sketch and defend such a conception of privacy. It aims to show that while some conceptions of privacy are inconsistent with democracy, others are not. Indeed, the book asserts, the belief that privacy can be valuable and that it can justify basic legal rights, is implicit in a democratic conception of persons as free and equal beings, and a democratic conception of politics as the self-governing, or regulating, activity of such individuals. Just as we can and should reject undemocratic conceptions of the suffrage in favour of democratic ones, so the book maintains, we can and must reject undemocratic conceptions of privacy in favour of ones that reflect the moral equality of men and women, and a commitment to democratic forms of government. Democracy is often described as government by and for the people. On such a view, democracy is a political regime which can be contrasted with monarchies or aristocracies on the one hand, or with theocracies and despotisms on the other. By contrast with the former, it is a form of government that views individuals as citizens and as equal members of the agency which authorizes the use of political power. By contrast with the latter, it is a form of government whose purposes and aims are established by the common interests of individuals, conceived as free and equal citizens. It is my contention that there is a plausible and attractive conception of privacy implicit in this view of democracy. Hence, I show that individuals have fundamental interests in privacy because privacy enables them to participate in politics freely and as the equal of others and, beyond that, to lead lives that they can each affirm to be reasonable, valuable and right. As I think that the ideal of democratic government is properly associated with this latter and broader goal, as well as with the former one, I call my account of privacy a democratic conception of privacy to signal its connection to a particular ideal of politics, and to the conception of persons that makes this ideal a convincing and inspiring one. As this is a work of political philosophy, however, no effort is made to address the legal merits of competing accounts of the right to privacy, or to resolve legal dispute about the content and justification of particular constitutional rights in the United States. Thus, while I use Supreme Court decisions and works of legal theory to illustrate and support my arguments, my use of these materials is governed by philosophical concerns and my conclusions, therefore, are strictly of a philosophical, not a legal, nature. The book is divided into four chapters, moving from feminist criticisms of privacy to an engagement with the philosophical literature on privacy and an account of the right to privacy in a democratic society. It proceeds as follows. In Chapter 1, I examine feminist concerns about privacy, through a close reading of the work of Catherine MacKinnon. I argue that MacKinnon persuasively shows that protection for privacy has frequently licensed the coercion and subjection of women, and that her arguments are supported both by feminist scholarship, key Supreme Court decisions, and by familiar conceptions of privacy and equality. However, I argue, these criticisms do not imply that privacy, like slavery, can never be democratic, because wholly inconsistent with the equality of individuals. Rather, feminist criticisms of privacy suggest that privacy, like the suffrage, can be necessary to the equality of women and can have a legitimate and important place in a democratic society. In Chapter 2, I examine the philosophical literature on privacy in light of the need to distinguish democratic from undemocratic accounts of its nature and value. This literature, I show, can help us to provide an account of privacy that is sensitive both to its inegalitarian aspects and to its importance for a democratic commitment to the freedom and equality of women. However, I argue, we cannot embrace current philosophical accounts of privacy uncritically, because to a striking extent they are, themselves, indifferent to the ways that privacy has licensed sexual inequality. Thus, in Chapter 2, I set about interpreting privacy as a moral and political value, in light of the strengths and weaknesses of the philosophical literature on privacy. Their strength is that they show that there are many reasons for caring about privacy, or many ways in which we might define it as a democratic value. Their weakness is that they tend to assume that we must choose amongst these different conceptions of privacy, in order to provide a philosophically cogent account of privacy. This, I show, is a mistake and one that can be remedied by remembering that a commitment to the equality of individuals requires us to acknowledge the reasonable differences in value and interest that may characterize their relations in a democracy. When we do so, I show, it is possible to define privacy in terms of its protection for self-definition, intimacy and confidentiality, without having to choose between the three of them. For individuals may legitimately disagree about the differences between privacy and other values, even while holding that privacy is a distinctive and important democratic good; and they may also disagree about the importance of privacy compared to other goods, such as equality, without denying that self-definition, intimacy and confidentiality can be morally and politically desirable in a democracy. In Chapter 2, therefore, I show that we can provide a philosophically adequate account of what privacy is and why it is valuable without supposing that privacy is always sexually egalitarian, or denying that it has a distinctive place in a democratic conception of value. Chapter 3 then extends this account of privacy, by considering the justification for a legal right to privacy. Just as we cannot provide a democratic conception of privacy without attending to the different, though equally valid, concerns that individuals may have so, I show, we cannot provide a democratic account of privacy rights if we forget that individuals can, quite reasonably, differ in the importance that they attach to privacy. The result, I argue, is that we can distinguish two main reasons for protecting privacy by right in a democracy, the one personal and the other political. Whereas the former emphasizes the importance of self-definition, intimacy and confidentiality to the personal freedom and equality of individuals, the latter emphasizes their importance to their prospects for voluntary and equal participation in the processes of collective choice and deliberation that define a democratic government. These two justifications of privacy rights reflect the fact that in a democracy the personal can be political, as feminists have insisted, but need not be in order to merit protection by right. Indeed, I argue, we can distinguish democratic from undemocratic accounts of the right to privacy in this way: for whilst the former acknowledge the variety of individuals’ interests in personal and collective choice, the latter either collapse the political into the personal, or assume that the legitimate claims of individuals are merely a function of collective needs, interests and values. Neither of these is consistent with familiar assumptions about the nature and justification of democratic institutions and rights, nor can they be reconciled with a commitment to sexual equality. Thus, I conclude, though the fact that there are different justifications for privacy rights in a democracy means that individuals may legitimately disagree over the content and justification of basic rights, it is wrong to confuse democratic debate with moral or conceptual confusion and so, arbitrarily, to truncate our accounts of privacy, equality and democracy. Finally, in Chapter 4, I test and develop these claims by examining the justification for abortion rights in a democracy. I argue that women have legitimate interests in abortion, as well as in bearing children, because they have fundamental, and legitimate, interests in privacy and equality. Although safe and legal abortion is necessary to sexual equality, as feminists claim, I show that we can provide a convincing and democratic account of women’s claims to abortion only if we recognize women’s interests in self-definition, intimacy and confidentiality. This is because women have both personal and political interests in abortion and we will be unable adequately to identify these if we overlook their interests in privacy. Indeed, I show, the difference between democratic and undemocratic solutions to conflict over abortion lies precisely in this: that whereas the former acknowledge the importance of privacy to the personal and political equality of women, the latter overlook or deny this. As a result, the latter license both mandated abortions, although women have legitimate interests in bearing and raising children, and prohibitions on abortion that cannot be reconciled with the freedom and equality of women. That is not to say that abortion is not a politically significant matter, or that we can resolve moral conflict over abortion simply by giving women a legal right to abortion. Neither is the case. However, the chapter shows, in a democracy individuals are entitled to make morally and politically controversial decisions for themselves not simply because this is expedient or useful, but because this is right. To overlook this feature of democracy, I argue, is to make moral and political conflict utterly intractable by democratic means. Thus, while controversy over abortion has been held to show that privacy is an incoherent and undemocratic right, this chapter argues that it shows the reverse: for controversy over abortion makes clear that privacy is essential to democracy, and why this should be so. This overview of the book, I hope, makes clear that its concerns are methodological as well as substantive, and moral as well as political. Thus, its central methodological claim is that we cannot reconcile privacy with the equality of individuals unless we make a deliberate effort to do so. Its central moral and political claims are that privacy is compatible with the equality of individuals, and sufficiently important to the latter that, in a democracy, the privacy of individuals merits legal protection by right. However, this summary of the book also exposes its limitations. Chief amongst these, I fear, is that it provides no sustained discussion of the place of property on a democratic conception of privacy, and that the latter, itself, is rather a broad preliminary sketch than a polished and detailed portrait. I regard these limits on the scope and arguments of the book as limitations, albeit ones that I hope to be able to remedy before too long.However, limited though the book clearly is, I believe that it lays out the essential components of a democratic conception of privacy and that, by analysing and synthesizing several diverse bodies of literature, it may help those who are interested in the relations between privacy, equality and democracy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BALTHASAR AND ECKHART: THEOLOGICAL PRINCIPLES AND CATHOLICITY CYRIL O'REGAN Yale University New Haven, Connecticut Or pleas'd to wound, and yet afraid to strike, Just hint a Fault, and hesitate Dislike; Alike reserv'd to blame or to commend, A tim'rous Foe and a suspitious Friend 1 THE TENDENCY to avoid exclusion is a mark of the thought of Hans Urs von Balthasar. It represents an identifying habit, an incorrigible (...) feature of style and sensibility. His texts in which theologians, philosophers, poets, dramatists, and saints are christianly praised give testimony to a catholicity that barely brooks limits. Not only in true Gospel fashion are a multitude invited to the eschatological banquet, they constitute the vast medium of tradition, in which Maximus the Confessor rubs shoulders with Plato, in the company of Claudel, Calderon, and Therese of Lisieux. At different times Balthasar thinks of the tradition as one huge symphony in which notes sound only to be transcended and as a conversation between particular perspectives on the great mystery of redemption, no one of which is final and which meet only in the infinity of their object. The decision for plurality and variety in the tradition certainly validates difference and counts against its reduction.2 Yet at the same time tradition, precisely as a matter of variety, exhibits a measure of coherence or concordance that pro1 These couplets are from Alexander Pope's poem Atticus. See Minor Poems, ed. Norman Ault, completed by John Butt (London: Methuen & Co. Ltd.; New Haven: Yale University Press, 1954), p. 143. 2 See, for example, The Theology of Karl Barth, trans. Edward T. Oakes, S.J. (San Francisco: Ignatius Press, 1992), pp. 39, 187, 251. 203 204 CYRIL O'REGAN hibits difference from becoming truly excessive. It is this prohibition of excessive difference in Balthasar's reading of tradition that I would like to examine here. I take as my case study of Balthasar's rhetoric of reading his conflicted response to Meister Eckhart, about whose inclusion in the Christian tradition Balthasar expresses no doubts, yet whose theological message is such as to cause anxiety. We shall occupy ourselves in this paper with the way in which Eckhart's nonnegotiable inclusion within the tradition serves to repress the account of those features that present a fundamental challenge, that represent difference that would make the Christian field radically heterogeneous. In the first two sections, focusing mainly on the fifth volume of The Glory of the Lord (=GL),3 I shall offer outlines of both the positive and negative contributions Eckhart is deemed to have made to the theological tradition. Though I do not wish to give the impression of Scholastic pro and contra, Balthasar's positive remarks being imbricated with the negative and vice versa, it will be suggested that the elements adduced in both cases constitute mirror images of each other. Balthasar takes a bifocal, though not stereoscopic, view of a group of five elements: aesthetic disposition, the sameness of Being and God, the whylessness of the divine, Gelassenheit, and Gottesgeburt. This group is in effect read twice, once in a way that affirms and confirms Eckhart's unproblematic inclusion in the tradition (section 1), and again in a way that, in the light of basic Christian principles, raises serious questions about such inclusion (section 2). In a final section the question is raised whether the conflict in interpretation suggests a deeper underlying conflict between Balthasarian commitment to Catholic theological principles and catholicity. I. BALTHASAR'S AFFIRMATIVE RENDERING OF ECKHART On the surface there is little reservation about the approbation Eckhart receives in the fifth volume of The Glory of the 3 The Glory ofthe Lord: A Theological Aesthetics, vol. S, The Realm ofMetaphysics in the Modern Age, trans. Oliver Davies, Andrew Louth, Brian McNeil, C.R.V., John Saward, and Rowan Williams, ed. Brian McNeil, C.R.V. and John Riches (San Francisco: Ignatius Press, 1991). BALTHASAR AND ECKHART 205 Lord. If the depths of Balthasar's analyses of the medievals in his volumes on metaphysics (vols. 4 & 5) never reach the level of his account of Anselm and Bonaventure in volume two, it would be caviling to suggest that his intention at the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Hypothesis Concerning the Character of Islamic ArtAsli GocerWhy Islamic art has the distinctive features it has continues to generate clashing explanations. The Islamic visual treasury has no figural images, for instance, and three-dimensional sculpture or large scale oil painting, but instead contains miniatures, vegetal ornaments, arabesque surface patterns, and complex geometrical designs. To account for the phenomena the following radically opposing theories have been offered: the influence of (...) Judaism, the Quranic prohibition against making images, 1 Islamic resentment of the glory of Byzantine icons, 2 logocentricism of classical Islam, 3 the spiritual dimension of Islam, 4 tacit Islamic assertion of “otherness,” 5 and contingency of history. 6 The merits of these theories have been roundly discussed in the literature, and so I will not repeat the task here. I will insist that none of these theories offer a coherent explanation for all arts, but my presumption is that such an explanation is possible. In nonvisual arts the Muslim prefers simple tunes over that of the symphony, for instance, whirling dervishes over the ballet, and lyric poetry over dramatic literature. In my view what explains the common characteristic of all these arts is a certain kind of Islamic attitude informed by a certain philosophical outlook. Although it would be hasty to suggest the existence of a monolithic [End Page 683] Islamic art, it would be equally rash to deny some striking commonalities among its diverse examples. 7The following observation by a Muslim scholar is notable in this regard: “Whether in the great courtyard of the Delhi Mosque or the Qarawiyyin in Fez, one feels oneself within the same artistic and spiritual universe despite all the local variations in material, structural techniques, and the like.” 8 Some cite geometry as what mediates that feeling to the observer despite the cultural divergences in style. 9 Even those who have given up the search for the universal or the spiritual in Islamic art cannot help but see in it the classical ideal of beauty. 10 It is this classical heritage that in fact holds one of the important keys to the puzzle at hand. In particular I shall claim that Islamic art is the living image of what Plato has in mind for art in a theocratic state. Clearly, to refer to Plato and art in the same breath invites trouble. As is well enough known, giving a general interpretation of Plato’s views on the nature of art is a very complex endeavor. 11 Even in the face of grave difficulties in textual exegesis, however, there is sufficient evidence that Plato has some settled views on art. Those pertinent to our discussion here involve two claims, that beauty and goodness are divine and that all human endeavor (including artistic creation) must imitate the divine. 12 Although Platonic strain in Islam has been noted in other areas, its persistent legacy has been overlooked in art. 13 I shall argue that the Platonic influence on Islamic thought can be traced not only to political philosophy 14 and geometry, 15 as it has been commonly accepted, but also aesthetics. 16 A philosophical explanation of the Islamic attitude toward art may therefore be derivable from the Platonic axiom that god is the paradigm of beauty, which is the cosmological principle of [End Page 684] order and harmony; and as all created things, art, too, must reflect the divine paradigm.Before defending this ahistorical hypothesis on the character of Islamic art so reviled in recent literature, a few caveats are in order. “Islamic art” contains redundant terms. Strictly speaking all art in Islam is “Islamic,” because for the Muslim art is a crucial point of contact with the divine. That art should direct the mind to the divine is also Plato’s view. 17 Second, the categories that have traditionally been used to describe Islamic art such as “aniconic” and “nonrepresentational” are unhelpful for the problem at hand. 18 When it comes to the issue of iconography in Islamic arts, there is no consensus, for Islamicists are notably divided on the semiotic dimension of the Islamic visual language. The question of whether the geometric surface pattern is essentially iconography, for instance, is yet... (shrink)

It is widely supposed that agreements made in response to coercion are entered into involuntarily for that reason. This paper argues that that supposition is false and that it has generated a good deal of avoidable confusion in the courts and among some legal commentators. Agreements entered into involuntarily of course, have no legal standing. But, on any plausible account of coercion, agreements entered into in response to coercion are an inevitability of social life. To prohibit them would be to (...) prohibit many agreements we ought to and do enforce (e.g. labor agreements entered into under threat of strike). This is not to deny that agreements induced by certain uses of force or certain threats of force have and ought to have no standing. But here it is the type of force or threat that invalidates the agreement, not the use of coercion per se. (shrink)

This article aims to analyze the views of two pioneering Ḥanafī scholars, Abū Manṣūr al- Māturīdī and Abū Zayd al-Dabūsī, on the meaning of death and life in terms of their general doctrine of religion. In the first part, the general framework of Māturīdī and Dabūsī’s evidentialist conception of religion are drawn. In the second part, Māturīdī's views on the meaning of death and life and are explored. In the third part, the views of Abū Zayd al-Dabūsī on the meaning (...) of death and life, who establishes a striking connection between the divine order and existence, divine prohibition and non-existence, are examined, and a general evaluation is offered in the last section. Al-Māturīdī proposed a very original and systematic example of doing philosophy of religion, which still promising for the modern problems of the field, by opening the phenomenon of religion itself to discussion, and analyzing the nature and elements of religion. Māturīdī aims to place the problems on a universal and theoretical basis and to present a holistic, metaphysical understanding while discussing specific and particular issues in religion. Just as there are main notes in classical Western music that repeat throughout the symphony in baroque style, there are universal principles in al-Māturīdī’s metaphysics that cut all particular debates vertically. The basic principle of the al-Māturīdī’s metaphysics is based on this idea: God is a wise being, he does not do anything wise. Accordingly, it is absurd to create something to destroy; God did not create man to perish. The love of life and the fear of death are the deepest existential problems facing man as a finite being that goes towards death. Religion can be regarded as a powerful alternative to other worldviews to the extent that it provides a reasonable explanation for man’s deep concern about finitude. For al-Māturīdī, neither pessimistic understandings that emphasize only the fear of death nor hedonistic understandings that ignore death offer a reasonable solution. God created death as something that people fear the most and avoid, and life as something they love and desire. The testing of man is about being between the fear of death and the desire to live in the world. According to al-Māturīdī, this dilemma that man is facing also shows him the way out. If people do good and useful deeds because of their love for life, and avoid nonsense and ugly deeds because of their afraid of death, they can make their life eternal with their own efforts and escape from eternal/permanent death. The other Hanafī thinker, a philosopher of law Abū Zayd al-Dabūsī’s views on the meaning of death and life are parallel to Māturīdī's. According to al-Dabūsī, to test man, what God has placed in human nature is not only the soul and reason but also the spirit (al-nafs) and whim (al-hawa). While the spirit and whim invites man to the temporary by ignorance, it calls the soul and reason to the permanent by knowledge. The test for human beings is to choose between the temporary and the eternal life. For al-Dabūsī, man’s saving himself from falling into nothingness and gaining the eternal life depends on his use of reason. In other words, the reason binds human beings to life, and the whim leads them to nothingness. Drawing a parallel between reasoning and existence, ignorance and absence, Dabūsī defines the terms divine command and divine prohibition in a very original way. For him, the divine command is the things that must exist, and the divine prohibition is the things that must not exist. If the man helps exist the things that God wills to exist, he can make his own existence eternal. If the man helps exist the things that God does not will to exist, he puts himself into nothingness. Lastly, both for al-Māturīdī and al-Dabūsī, life is a divine grace bestowed on human being to gain eternal life through the good deeds he does at any moment. In short, reason is necessary in religion because its use is a preference of existence to non-existence. This metaphysical system, which sees goodness as a bridge from this finite world to heaven and eternity and makes a connection between faith and deeds on the ontological and ethical level is the essence of the worldview of the Hanafī-Māturīdī tradition. (shrink)

The collapse of confidence in anonymization as a robust approach for preserving the privacy of personal data has incited an outpouring of new approaches that aim to fill the resulting trifecta of technical, organizational, and regulatory privacy gaps left in its wake. In the latter category, and in large part due to the growth of Big Data–driven biomedical research, falls a growing chorus of calls for criminal and penal offences to sanction wrongful re-identification of “anonymized” data. This chorus cuts across (...) the fault lines of polarized privacy law scholarship that at times seems to advocate privacy protection at the expense of Big Data research or vice versa. Focusing on Big Data in the context of biomedicine, this article surveys the approaches that criminal or penal law might take toward wrongful re-identification of health data. It contextualizes the strategies within their respective legal regimes as well as in relation to emerging privacy debates focusing on personal data use and data linkage and assesses the relative merit of criminalization. We conclude that this approach suffers from several flaws and that alternative social and legal strategies to deter wrongful re-identification may be preferable. (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...) has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

Kenneth Strike’s essay on pluralism, personal identity, and freedom of conscience, takes up the concept of identity, and contrasts cultural and religious pluralism. He argues that the issues of affiliational obligation and recognition are often different in these two types of pluralism, and that religious groups are often asking for something very different from cultural groups. Strike makes a case for a more fluid conception of the idea of identity and against its essentialist form; he holds, e.g. that (...) some of his affiliations are stronger than others and more tied to his sense of a larger self, but it is questionable, he argues, whether any of these affiliations could not be re-evaluated without loss of the larger idea of the self. Strike does allow that members of groups more oppressed than his might certainly rally around the attributes that they hold in common, and he is sympathetic to this strategic function of identity. Nevertheless, he wants to hold onto the individualized and phenomenological conception of identity: identity is whatever the agent feels it to be. (shrink)

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...) theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

Strike explores the differences between Marxists and liberals over the nature of the good life, about how human beings are formed, and about episemology, and uses these discussions to explore views of schooling.

Butterfield's (1992a,b,c) claim of the equivalence of absence of Lewisian probabilistic counterfactual causality (LC) to Hellman's stochastic Einstein locality (SEL) is questioned. Butterfield's assumption on which the proof of his claim is based would suffice to prove that SEL implies absence of LC also for appropriately given versions of these notions in algebraic quantum field theory, but the assumption is not an admissible one. The conclusion must be that the relation of SEL and absence of LC is open, and that (...) they may be independent. (shrink)

Abortion prohibitions in some states include carve-outs based on the medical condition of either the mother or the fetus. These carve-outs, however, may be couched in limiting language structured by legislators rather than in language understandable in the context of medical care. In circumstances where legislative bodies fail to adequately incorporate medical professionals in the drafting of medical laws, the resulting vagueness or ambiguity may lead to a lack of utility or viability. This paper considers the consequences of such legislative (...) misreading of medicine. It does so with a particular example, Utah’s abortion trigger law, 2020 Senate Bill 174 (S.B. 174). S.B. 174 was enacted in 2020 (currently enjoined pending the outcome of _Planned Parenthood Association of Utah v. State of Utah_) and includes an exception for serious fetal anomaly—in other words, disability. While Utah is not alone in its inclusion of a disability exception for abortion, S.B. 174 is unique in the language it uses to carve out this exception: the law requires that the fetus has a “uniformly diagnosable and uniformly lethal” defect. This article explores the medical-legal mismatch in S.B. 174 through an analysis of the statute’s legislative history and its language, an academic and legal database review, and an application of the statutory language to multiple serious genetic diagnoses. In doing so, this paper unpacks just how mismatched these terms are and reveals the massive gap the law will leave between the legal consequences and the medical realities of abortion. (shrink)

Can torture be justified in exceptional circumstances? In this timely work, Michelle Farrell asks how and why this question has become such a central debate. She argues that the ticking bomb scenario is a fiction which blinds us to the reality of torture and investigates what it is that that scenario fails to represent. Farrell aims to reframe how we think about torture, and critically reflects on the historical and contemporary approaches to its use in exceptional situations. She demonstrates how (...) torture, from its use in Algeria to the 'War on Terror', has been misrepresented, and appraises the legalist, extra-legalist and absolutist assessments of exception to the torture prohibition. Employing Giorgio Agamben's theory of the state of exception as a foil, Farrell deconstructs these approaches and goes on to propose her own theory of exceptional torture. (shrink)

This paper addresses the question of whether the interest liberal societies have in producing liberal citizens gives liberal societies the right to regulate the affairs of illiberal groups. It claims that attempts by Rawls and Galston to make liberalism more “pluralism friendly” by reducing the demands for liberal citizenship fail, and it explores arguments by Amy Gutmann, Susan Moller Okin, Eamonn Callan and Will Kymlicka that support a stronger interest in regulating the socialization practices of illiberal groups. The main conclusion (...) of the article is that we must seek for a context-sensitive balance between the need to produce liberal citizens and other liberal values such as freedom of conscience. (shrink)

This paper examines two questions. The first is what it would mean for schools to be communities. This question is pursued by examining four metaphors for community: families, congregations, guilds, and democratic polities. Three models of school communities are then sketched. The second question is whether schools that are communities are inherently illiberal. The paper distinguishes between a liberal interpretation of schools as communities, where schools are viewed as limited-purpose free associations, and a communitarian interpretation where community and polity are (...) not adequately distinguished. I argue that, within a framework of liberal pluralism, schools can be communities without being illiberal. (shrink)

This essay focuses on the ongoing references made to the ban on graven images for the foundation of political aesthetics. In this tradition the image itself plays a significant role in the creation of a dichotomy in which the image becomes either “icon” or false appearance. The image in this tradition is a powerful agent and gains as such performative power. From the Bible to Kant and German idealism to Adorno and Deleuze, the prohibition of the image signals its (...) power and turns it into a strong magnet in political aesthetics, may it be affirmative or negative. (shrink)

Ambiguities in liberal 1 education and the problem of its content RSPeters INTRODUCTION If one was mounting a defence of certain distinctive values in ...

According to Jewish dietary laws, known as Kashrut, the meat and milk mixing in the same meal is prohibited. This article examines this prohibition from a theological and modern medical viewpoint.

This chapter contains sections titled: Orientation Teacher Ethics and the Law The NEA Code of Ethics Teaching with Integrity Citizenship, Civic Norms, and Moral Education Conclusion.

We read Marshall et al.’s paper with great interest but were left with many questions and concerns (Marshall et al., in press). As a group of public health researchers and practitioners (nursing, s...

Advances in reproductive medicine have provided new, and much needed, hope for millions of people struggling with infertility. Gestational surrogacy is one such development that has been gaining popularity with infertile couples, especially those unable to benefit from other reproductive procedures such as In Vitro Fertilization. For many Muslim couples, however, surrogacy remains a nonviable option. Islamic scholars have deemed the procedure incompatible with Islam and have prohibited its use. This paper examines the arguments presented for proscribing surrogacy arrangements in (...) Sunni Islam in particular. These include preservation of lineage, exclusion of third parties in reproduction, upholding the rights of the child, and protection from the negative effects of surrogacy arrangements. The rationales for banning surrogacy are subsequently refuted utilizing Islamic law “Sharia”, bioethics, and medical evidence. The paper also presents reasons for why surrogacy is not only consistent with Sunni Islamic teachings, but is also both ethically justified and medically necessary. Lastly, Islamic scholars are urged to take into account the arguments presented in this paper and reconsider their rulings on the permissibility of surrogacy. (shrink)

Schools in liberal societies are responsible for producing liberal citizens. However, if they have too robust a view of citizenship, they may find themselves undermining the view of good lives held by many pacific and law abiding groups. Here I argue against treating citizenship as an educational good that simply trumps private values when they conflict and in favor of a view that seeks a context sensitive balance between such conflicting goods. The paper explores Rawls's distinction between two moral powers (...) as a way of understanding the character of some of the private interests in schooling. (shrink)

I propose that there are four standards to be met if a given educational enterprise is to be considered humane: the practice to be mastered must be socially justified; the disciplines pursued to master the practice must be appropriate to the practice; the practice must be owned by the learner; and this ownership must itself meet certain ethical requirements. The paper emphasizes the problem of ownership. It argues for a view of ownership that is “communitarian.” This view sees ownership as (...) a function of identification or membership. People become committed to certain educational ends in virtue of the fact that they see themselves as members of a group and the ends as the ends of the group. It is central to this view that ownership of ends does not require full understanding or rational appraisal of such ends. I argue that a rational appraisal of ends is difficult when a novice seeks to appraise the ends of some practice both because the ends of the practice are internal to it in a way that makes grasping such ends difficult prior to mastery of the practice and because initiation into the practice will change the individual's standards of appraisal. (shrink)