What is the future of legal philosophy? No doubt it has many. But we are betting that jurisprudence will gravitate towards freedom. Freedom, the attribute of the human subject, has largely been absent from legal philosophy. This is a lack that psychoanalytic jurisprudence aims to correct. In this essay, drafted as chapter in "On Philosophy in American Law" (Francis Jay Mootz III, ed.) to be published by the Cambridge University Press, we set forth what we think are the primary differences (...) between a jurisprudence based in the Continental tradition of speculative philosophy, and the liberal jurisprudences that dominate in the American academy. Most importantly, all liberal theories start with some intuition of the free, autonomous individual. In contrast, psychoanalysis views the subject's definition as the problem of philosophy. For psychoanalysis, as reformulated by Jacques Lacan, personality and freedom cannot exist in any empirical or hypothetical state of nature because nature is unfree - bound by iron-clad laws of cause and effect. Personality and freedom are artificial creations - hard-won achievements. Subjectivity - the capacity to bear duties and rights - is a stage in this struggle. (shrink)

David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal (...) mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality. These essays should appeal to scholars in law and in psychology. The contributors are Drucilla Cornell, Jacques Derrida, Peter Goodrich, Pierre Legendre, Alain Pottage, Michel Rosenfeld, Renata Salecl, Jeanne L. Schroeder, Anton Schutz, Henry Staten, and Slavoj Zizek. David Gray Carlson is Professor of Law, Benjamin Cardozo School of Law, Yeshiva University. Peter Goodrich is Professor of Law, University of London and University of California, Los Angeles. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE GOD OF LOVE * KENNETH L. SCHMITZ John Paul II Institute Washington, D.C. GOD WITHOUT BEING introduces English readers to a body of work by the French philosopher, Jean-Luc Marion. It has caused no little stir among French philosophers and theologians. For it is a remarkable book, frequently brilliant, sometimes dazzling, often original, more often still, troubling. Troubling, not so much by its conclusions as by the means (...) used to arrive at them, and the implications suggested by those means. The book begins with phenomenology, passes on to ontology in the Heideggerian vein, and culminates in a theology of agapic love. I almost wrote that it passes through Heideggerian ontology to agape, but that is what is most troubling about the book. One puts it down wondering, despite critical reassurances from the author, whether the analysis has ever freed itself from the shaping hand of Heideggerian ontology, or has done so at too high a cost. It is not that the author accepts Heidegger; indeed his critical exegesis is perhaps the most brilliant part of a very striking book. But nonetheless, Heidegger's stamp is so heavy upon the analysis, his presuppositions so ingrained in it, that the conclusions themselves, while expressly "beyond" Heidegger, nevertheless trail his ontology in their train. In a preface written nearly ten years after the French book first appeared, Marion reassures his English readers (perhaps with a touch of unintended condescension) that God exists. In- *Jean-Luc Marion, God Without Being. Hors-Texte, tr. by Thos. A. Carlson. \Vith a foreword by David Tracy. Chicago: University of Chicago Press, 1991; being a translation of Dieu sans l'etre: Hors-Texte, Librairie Artheme Fayard, 1982. 495 496 KENNETH L. SCHMITZ deed, his argument is meant to tell against any ordinary atheism, and his exposition of the Eucharist glows with Catholic piety. There can be no doubt, too, that his exegesis often opens up surprising senses of the Biblical texts, such as those of the Wisdom literature in the Old Testament and the letters of St. Paul in the New. The first chapter carries out a phenomenology of the difference between the idol and the icon. The idol is not false or illusory in any ordinary sense. On the contrary, its luminescence is an actual reflection of the divine. The fulguration catches the human eye, mind and spirit as it gazes at the embodied manifestation in wonder. But, instead of letting the fulguration measure the import of the disclosure, the gaze stops at the luminous idol and freezes the divine light within the scope of the worshipper's merely human gaze, interest and aim. The aim, then, provides the measure and meaning of the light, referring it back to the human intention. And so the idol divides the fulguration, retaining for the gaze what is so extraordinarily visible, while it lets go what is unattainable through its effort and on its own terms. Marion expresses this remainder by the neologism: invisable, from viser: to aim. We have here an initial insistence upon the inability to reduce God to a concept. The analysis exposes the logic of a first level of idolatry, idolatry which takes form as the regionalization of the divine. Thus, to choose a portentous example, Nietzsche unmasks the regional " God of morality" proclaimed by Kant and other modern thinkers. It is quite the reverse with the icon. The luminosity of the icon presents its visage to the believer who receives it as the face that endows the visible with the inexhaustible invisibility of God. It is of signal importance to Marion's thesis, however, that the invisible is not thereby offered to human sight or conception, but rather that the visible features of the icon ask to be transgressed, giving way-neither to the sight of sense or mind-but to veneration ( 19). For the iconic intention is not determined by any human gaze, but rather by the mysterious initiative of the true revealing God. Whereas the idol shines with a radiance bor- THE GOD OF LOVE 497 rowed from the divine but confined within the limits of the human gaze, the icon glows with an alien glance that stems from its divine... (shrink)

Criticized as a nostalgic anachronism by those who oppose her version of political theory and lauded as symbol of direct democratic participation by those who favor it, the Athenian polis features prominently in Hannah Arendt's account of politics. This essay traces the origin and development of Arendt's conception of the polis as a space of appearance from the early 1950s onward. It makes particular use of the Denktagebuch, Arendt's intellectual diary, in order to shed new light on the historicity of (...) one of her central concepts. The article contends that both critics and partisans of Arendt's use of the polis have made the same mistake: they have presumed that the polis represents a space of face-to-face immediacy. In fact, Arendt compared the polis to a series of analogues, many of which are not centered on direct exchanges between political actors and spectators. As a result, Arendt's early work on the polis turns out to anticipate many of the concerns of her later work on judgment, and her theory of the polis becomes a theory of topics. (shrink)

Executive dysfunctions, psychopathologies arising from problems in the control and regulation of behavior, can occur as a result of the faulty execution of formal information processing models or as a result of malfunctioning neural mechanisms. The models correspond to the formal descriptions of how signals in the environment must be transformed in order to behave adaptively, and the mechanisms correspond to the signal transformations that nervous systems implement in order to execute those cognitive functions. Mechanisms in the form of repeated (...) patterns of neural dynamics execute information processing models. Two distinct modes of malfunction can occur when neural dynamics execute models of information processing. The processing models describing behavior may fail to be executed correctly by neural mechanisms. Or, the neural mechanisms may malfunction, failing to implement the right computation. As an example of malfunctioning models in executive cognition, purported failures of rule following can be understood as failures to appropriately execute a suite of processing models. As an example of malfunctioning mechanisms of executive cognition, maladaptive behavior resulting from dysfunction in the medial prefrontal cortex (mPFC) can be understood as failures in the signal transformations carried out therein. The purpose of these examples is to illustrate the potential benefits of considering models and mechanisms in the diagnosis and etiology of neuropsychological illness and dysfunction, especially disorders of executive cognition. (shrink)

Theories in cognitive science, and especially cognitive neuroscience, often claim that parts of cognitive systems are reused for different cognitive functions. Philosophical analysis of this concept, however, is rare. Here, I first provide a set of criteria for an analysis of reuse, and then I analyse reuse in terms of the functions of subsystems. I also discuss how cognitive systems execute cognitive functions, the relation between learning and reuse, and how to differentiate reuse from related concepts like multi-use, redundancy, and (...) duplication of parts. Finally, I illustrate how my account captures the reuse of dynamical subsystems as unveiled by recent research in cognitive neurobiology. This recent research suggests two different evolutionary justifications for reuse claims. _1_ Introduction _2_ Criteria for Analyses of Reuse _3_ Use and Reuse _4_ The Reuse of Dynamical Systems in Cognitive Systems _5_ Conclusion. (shrink)

In this essay we discuss a class of apparently metaphorical idioms, exemplified by “fine as frog's hair,” that do not afford any obvious interpretation, and appear to have originated, at least in part, in language play. We review recent trends in both play theory and metaphor theory, and show that a playful approach to language is often an important element in the use and understanding of metaphors (and idioms generally), even when metaphors can be readily interpreted by means of a (...) vehicle-to-topic mapping. Based on this evidence we call for a more deliberate inclusion of language play in metaphor theory and analysis. (shrink)

“Hildebrand has constructed a well-paced and historically informative evaluation of neopragmatism. . . . This book makes an excellent companion for courses in both contemporary epistemology and American philosophy.” –Choice How faithful are the Neopragmatists' reformulations of Classical Pragmatism? Can their Neopragmatisms work? In examining the difficulties in Neopragmatism, David L. Hildebrand is able to propose some distinct directions for Pragmatism.

The goal of cladistic systematics is to discern sister-group relations (cladistic relations) by the methods of cladistic analysis and to represent them explicitly and unambiguously in cladograms and cladistic classifications. Cladists have selected cladistic relations to represent for two reasons: cladistic relations can be discerned with reasonable certainty by the methods of cladistic analysis and they can be represented with relative ease in cladograms and classifications. Cladists argue that features of phylogeny other than cladistic relations cannot be discerned with sufficient (...) certainty to warrant attempting to represent them in either cladograms or classifications and could not be represented if they could. I argue that a better alternative is to work toward improving methods of cladistic analysis (or else to supplement them with other methods) so that such features of phylogeny can be discerned and to devise methods of representation capable of representing them in both cladograms and classifications. However, cladograms and classifications cannot represent everything about phylogeny. It is better to represent one or two aspects of phylogeny explicitly and unambiguously than nothing at all. (shrink)

When do organizations decide to ‘adopt’ a given social issue such that they come to acknowledge it in their patterns of action and communication? Traditional answers to this question have focused either on the characteristics of the issue itself, or on the traits of the focal organization. In many cases, however, a firm’s decision to adopt or ignore an issue is not a straightforward function of firm or issue characteristics. Instead, we view issue adoption as a socially constructed process of (...) information exchange between parties that are involved in the emergence and evolution of the issue, mediated by third-party organizations. We refer to this process as the infomediary process and these latter organizations as ‘infomediaries,’ after the information mediation and brokerage roles they play in the social processes linking social issues to organizational impact. We present a concise theoretical model of how infomediaries establish credible linkages between focal organizations and social issues. The thrust of the model is that the infomediation process, rather than the issue or firm characteristics, is what really drives firm-level issue adoption decisions. (shrink)

Considered the most original thinker in the Italian philosophical tradition, Giambattista Vico has been the object of much scholarly attention but little consensus. In this new interpretation, David L. Marshall examines the entirety of Vico's oeuvre and situates him in the political context of early modern Naples. He demonstrates Vico's significance as a theorist who adapted the discipline of rhetoric to modern conditions. Marshall presents Vico's work as an effort to resolve a contradiction. As a professor of rhetoric at (...) the University of Naples, Vico had a deep investment in the explanatory power of classical rhetorical thought, especially that of Aristotle, Cicero, and Quintilian. Yet as a historian of the failure of Naples as a self-determining political community, he had no illusions about the possibility or worth of democratic and republican systems of government in the post-classical world. As Marshall demonstrates, by jettisoning the assumption that rhetoric only illuminates direct, face-to-face interactions between orator and auditor, Vico reinvented rhetoric for a modern world in which the Greek polis and the Roman res publica are no longer paradigmatic for political thought. (shrink)

Henry Thoreau boasted that he was widely travelled in Concord, Massachusetts. He was born there on 12 July 1817, and he died there on 6 May 1862, of tuberculosis, at the age of forty-four years. In 1837 he graduated from Harvard College, and in 1838 he joined Ralph Waldo Emerson, Margaret Fuller, and others in the informal group that became known as the New England Transcendentalists. The author of four books, many essays and poems, and a voluminous journal, he is (...) best known for the book Walden and the essay ‘Civil Disobedience’, and for the circumstances attending these two milestones in American thought and literature. (shrink)

Extreme variation in the meaning of the term “species” throughout the history of biology has often frustrated attempts of historians, philosophers and biologists to communicate with one another about the transition in biological thinking from the static species concept to the modern notion of evolving species. The most important change which has underlain all the other fluctuations in the meaning of the word “species” is the change from it denoting such metaphysical entities as essences, Forms or Natures to denoting classes (...) of individual organisms. Several authors have taken notice of the role of metaphysics in the work of particular biologists. An attempt will be made in this paper to present a systematic investigation of the role which metaphysics has played in the work of representative biologists throughout the history of biology, especially as it relates to their species concepts. (shrink)

Will democracy figure prominently in China's future? If so, what kind of democracy? In this insightful and thought-provoking book, David Hall and Roger Ames explore such questions and, in the course of answering them, look to the ideas of John Dewey and Confucius.

The question of what explains individual differences in expertise within complex domains such as music, games, sports, science, and medicine is currently a major topic of interest in a diverse range of fields, including psychology, education, and sports science, to name just a few. Ericsson and colleagues’ deliberate practice view is highly influential perspective in the literature on expertise and expert performance—but is it viable as a testable scientific theory? Here, reviewing more than 25 years of Ericsson and colleagues’ writings, (...) we document critical inconsistencies in the definition of deliberate practice, along with apparent shifts in the standard for evidence concerning deliberate practice. We also consider the impact of these issues on progress in the field of expertise, focusing on the empirical testability and falsifiability of the deliberate practice view. We then discuss a multifactorial perspective on expertise, and how open science practices can accelerate progress in research guided by this perspective. (shrink)

In the Western media, stories about China seem to fall into one of two categories: China’s astounding economic development or its human rights abuses. As human rights discourses follow increasingly hegemonic conventions, especially with regard to China, many of their key assumptions remain unexamined. This special issue—the second in a two-part series beginning with “Cosmologies of the Human”—critically investigates the relationship between China and the human as it plays out in law, politics, biopolitics, political economy, labor, medicine, and culture. The (...) contributors interrogate the evolving meanings of “China” and “the human,” both inside China and internationally. The issue tracks the ways in which global discourses treat China—still officially socialist—as similar to, different from, and alternative to Western capitalist modernities. Several essays probe the modern theoretical underpinnings of human rights abuses in China, including a crucial distinction between “the human” and “the people.” Others review the impact of Maoism on Marxist debates in China and in the West, as well as the specific influences of Mao’s writings on French politics and theory in the 1960s. A visual dossier compares eight contemporary Chinese artists, directors, and public image-makers in order to discuss the figure of the human from Tiananmen Square to the 2008 Beijing Olympics. While many contributors discuss China and the West comparatively, the issue interrogates the universalizing claims of both Western and Chinese norms of the human by privileging the local, particular, and eccentric. Contributors: Ackbar Abbas, Michael Dutton, David L. Eng, Doug Howland, Petrus Liu, Camille Robcis, Teemu Ruskola, Shuang Shen, Shu-mei Shih, Wang Xiaoming David L. Eng is Professor of English, Comparative Literature, and Asian American Studies at the University of Pennsylvania. He is the author of _The Feeling of Kinship: Queer Liberalism and the Racialization of Intimacy_ and _Racial Castration: Managing Masculinity in Asian America_, both also published by Duke University Press. Teemu Ruskola is Professor of Law at Emory University and Visiting Professor of Law at Georgetown University. Shuang Shen is Assistant Professor of Comparative Literature and Chinese at Pennsylvania State University. (shrink)

Several important terms in biology have recently been criticized for not being "operational." In this paper the course of operationism in physics, psychology and genetics is sketched to show what effect this particular view on the meaning of scientific terms had on these disciplines. Then the biological species concept and the concept of homology are examined to see in what respects they are or are not "operational." One of the primary conclusions of this investigation is that few terms in science (...) are completely operational or completely nonoperational. Some scientific terms, especially theoretical terms, are a good deal less operational than others; but, far from being regrettable, this situation is essential if theoretical terms are to fulfill their systematizing function and if scientific theories are to be capable of growth. (shrink)

In a recent paper, William K. Goosens objects to the arguments I set out some time ago attacking the logical empiricist analysis of reduction as applied to genetics. In these works I did not argue against the claim that Mendelian genetics was being reduced to molecular biology. Nor did I conclude, as Goosens asserts, that in the case of genetics, “reduction is insignificant”. To the contrary, I repeatedly stated that, “given our pre-analytic intuitions about reduction,” the reduction of Mendelian to (...) molecular genetics “is a case of reduction, a paradigm case”. And in agreement with Kenneth Schaffner I argued that reduction “in some very important, pre-analytic sense has taken place and is taking place in genetics”. The target of my objections to reduction in genetics was not “reduction” in some pre-analytic sense. Nor was it the various explications which have appeared since. Rather it was the notion of theory reduction set out a generation ago by such logical empiricists as Ernest Nagel, The particular version of this analysis which I chose to attack was that presented by Schaffner ; for Schaffner's later views, see his. I chose Schaffner's explication to attack because I thought it was the best of its kind and because it was the only defense of the logical empiricist analysis at the time which used genetics as one of its chief examples. Contrary to Goosens' assumption, in criticizing Schaffner's explication, I did not thereby “endorse” it. (shrink)

Individuals with autistic spectrum disorder (ASD) display diverse deficits in social, cognitive and behavioral functioning. To date, there has been mixed findings on the profile of executive function deficits for high-functioning adults (IQ >70) with ASD. A conceptual distinction is commonly made between “cold” and “hot” executive functions. Cold executive functions refer to mechanistic higher-order cognitive operations (e.g., working memory), whereas hot executive functions entail cognitive abilities supported by emotional awareness and social perception (e.g., social cognition). This study aimed to (...) determine the independence of deficits in hot and cold executive functions for high-functioning adults with ASD. Forty-two adults with ASD (64% male, aged 18-66 years) and 40 age and gender matched controls were administered The Awareness of Social Inference Test (TASIT; emotion recognition and social inference), Letter Number Sequencing (working memory) and Hayling Sentence Completion Test (response initiation and suppression). Between-group analyses identified that the ASD group performed significantly worse than matched controls on all measures of cold and hot executive functions (d =.54-1.5). Hierarchical multiple regression analyses revealed that the ASD sample performed more poorly on emotion recognition and social inference tasks than matched controls after controlling for cold executive functions and employment status. The findings also indicated that the ability to recognise emotions and make social inferences was supported by working memory and response initiation and suppression processes. Overall, this study supports the distinction between hot and cold executive function impairments for adults with ASD. Moreover, it advances understanding of higher-order impairments underlying social interaction difficulties for this population which, in turn, may assist with diagnosis and inform intervention programs. (shrink)

Quentin Skinner’s appropriation of speech act theory for intellectual history has been extremely influential. Even as the model continues to be important for historians, however, philosophers now regard the original speech act theory paradigm as dated. Are there more recent initiatives that might reignite theoretical work in this area? This article argues that the inferentialism of Robert Brandom is one of the most interesting contemporary philosophical projects with historical implications. It shows how Brandom’s work emerged out of the broad shift (...) in the philosophy of language from semantics to pragmatics that also informed speech act theory. The article then goes on to unpack the rich implications of Brandom’s inferentialism for the theory and practice of intellectual history. It contends that inferentialism clarifies, legitimizes, and informs intellectual historical practice, and it concludes with a consideration of the challenges faced by inferentialist intellectual history, together with an argument for the broader implications of Brandom’s work. (shrink)

When there have been substantial failures by institutional leadership in their oversight responsibility to protect research integrity, the public should demand that these be recognized and addressed by the institution itself, or the funding bodies. This commentary discusses a case of research failures in developing genomic predictors for cancer risk assessment and treatment at a leading university. In its review of this case, the Office of Research Integrity, an agency within the US Department of Health and Human Services, focused their (...) report entirely on one individual faculty member and made no comment on the institution’s responsibility and its failure to provide adequate oversight and investigation. These actions missed an important opportunity to emphasize the institution’s critical responsibilities in oversight of research integrity and the importance of institutional transparency and accountability. (shrink)