A significant development in law schools in recent years is the reflowering, or in many cases the first flowering, of interest in legal theory. This may take the form of a greater concern with the jurisprudential and philosophical basis of law; alternatively, it may be represented in attempts to bring to bear on legal issues the knowledge and insights developed in other disciplines. Both directions branch into a multitude of sub-disciplines, any one of which offers rich pickings to the legal (...) academic. The object of these essays, all of which were written specially for the volume by members of the Law Faculty of the University of Melbourne, is to take a number of legal issues which are of particular contemporary interest and to analyse them in a theoretical way or by using knowledge and techniques derived from other disciplines. The authors cover such topics as the patentability of living organisms; the legal and ethical problems that arise from medical research and experiment; the economic basis of property rights; the application to the decisions of officials of values deriving from fairness and rationality; the arguments for and against regulating the professions; the theoretical basis of the law of evidence and how this relates to practical issues; whether legal systems are in fact 'systems'; the relationship between Marxism and positivism; the capacities of the courts in dealing with non-justiciable issues; and the relationship between private and public law concepts. (shrink)

Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour.The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, (...) and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affected by, other aspects of society. In analysing these two ideas, Galligan develops a general framework for law and society within which he considers various aspects including: the nature of social rules and the concept of law as a system of rules; whether law has particular social functions and how legal orders run in parallel; the place of coercion; the characteristic form of modern law and the social conditions that support it; implementation and compliance; and what happens when laws are used to change society.Law in Modern Society encourages legal scholars to consider the law as an expression of social relations, examining the connections and tensions between the positive law of modern society and the spontaneous relations they often try to direct or change. (shrink)

Formalised knowledge systems, including universities and research institutes, are important for contemporary societies. They are, however, also arguably failing humanity when their impact is measured against the level of progress being made in stimulating the societal changes needed to address challenges like climate change. In this research we used a novel futures-oriented and participatory approach that asked what future envisioned knowledge systems might need to look like and how we might get there. Findings suggest that envisioned future systems will need (...) to be much more collaborative, open, diverse, egalitarian, and able to work with values and systemic issues. They will also need to go beyond producing knowledge about our world to generating wisdom about how to act within it. To get to envisioned systems we will need to rapidly scale methodological innovations, connect innovators, and creatively accelerate learning about working with intractable challenges. We will also need to create new funding schemes, a global knowledge commons, and challenge deeply held assumptions. To genuinely be a creative force in supporting longevity of human and non-human life on our planet, the shift in knowledge systems will probably need to be at the scale of the enlightenment and speed of the scientific and technological revolution accompanying the second World War. This will require bold and strategic action from governments, scientists, civic society and sustained transformational intent. (shrink)

The number of online courses in business schools is growing dramatically, but little has been published about teaching business ethics courses online. This article addresses key pedagogical design, delivery, student engagement, and assessment issues that should be considered when creating a high-quality, asynchronous online business ethics course for either undergraduate or graduate business student populations. Best practices are discussed within an integrative case study approach based on the experiences of a director of online faculty development and two accomplished online business (...) ethics instructors, one teaching at a small college and the other at a research-oriented university—their successes, learning opportunities, and recommendations. (shrink)

Se presentan y discuten las teorías de las emociones de William James y de Antonio Damasio haciendo énfasis en la intencionalidad de las emociones y en su entretejimiento con la racionalidad práctica. Se argumenta que la propuesta de James enfrenta varias dificultades para dar cuenta de ambos aspectos de las emociones y se muestra cómo la teoría neo-jamesiana de Damasio supera en parte algunas de esas dificultades, pero también da pie a otras objeciones. Al final se expone en (...) forma breve la propuesta de Jesse Prinz sobre las emociones como “evaluaciones corporalizadas”, la cual procura incluir al mismo tiempo el aspecto cognitivo de las emociones y su naturaleza corporal. (shrink)

Did modern American social thought take a wrong turn when it followed John Dewey and William James? In this searching history of early twentieth-century political theory, James Hoopes suggests that, contrary to conventional wisdom, these pragmatic philosophers did not provide the basis for a socially-minded political theory. Dewey and James did not provide intellectual safeguards against the amoral acceptance of realpolitik and managerial elitism that has given liberalism a bad name. Hoopes finds a more substantial basis for (...) liberal political theory in the communitarian-based pragmatism of Charles Sanders Peirce. Had modern social thought been influenced by Peirce, argues Hoopes, society could be seen as a set of interpretive relationships rather than a collection of discrete interests to be managed from the top down by elitist experts. Hoopes traces the influence of James and Dewey in the thought of Walter Lippman, Reinhold Niebuhr, and Mary Parker Follett. He concludes with a critical examination of contemporary thinkers, most notably Richard Rorty, who believe that James and Dewey offered the most socially useful philosophy within the pragmatic tradition. Combining philosophy, political theory, history, and close textual analysis in original ways, Community Denied offers a bold departure from previous studies of the subject and demonstrates the damage done to liberalism by reliance on a philosophy with no way of truly conceptualizing community. (shrink)

Formalised knowledge systems, including universities and research institutes, are important for contemporary societies. They are, however, also arguably failing humanity when their impact is measured against the level of progress being made in stimulating the societal changes needed to address challenges like climate change. In this research we used a novel futures-oriented and participatory approach that asked what future envisioned knowledge systems might need to look like and how we might get there. Findings suggest that envisioned future systems will need (...) to be much more collaborative, open, diverse, egalitarian, and able to work with values and systemic issues. They will also need to go beyond producing knowledge about our world to generating wisdom about how to act within it. To get to envisioned systems we will need to rapidly scale methodological innovations, connect innovators, and creatively accelerate learning about working with intractable challenges. We will also need to create new funding schemes, a global knowledge commons, and challenge deeply held assumptions. To genuinely be a creative force in supporting longevity of human and non-human life on our planet, the shift in knowledge systems will probably need to be at the scale of the enlightenment and speed of the scientific and technological revolution accompanying the second World War. This will require bold and strategic action from governments, scientists, civic society and sustained transformational intent. (shrink)

The study of anarchism as a philosophical, political, and social movement has burgeoned both in the academy and in the global activist community in recent years. Taking advantage of this boom in anarchist scholarship, Nathan J. Jun and Shane Wahl have compiled twenty-six cutting-edge essays on this timely topic in New Perspectives on Anarchism.

Satisfaction or contentment is deficient in our intelligent world, for entropy is at its prodigality accompanying the egoistic human mind. The lesser beings are content with what is provided, seem more beholden of being created, rather than the selfish unsatisfied human, whose desire to gain has no limit leaving the body unsatisfied to deteriorate thy own soul and its existence and of the others. The cause of entropy is human intelligence and the falsified superiority of human consciousness that leaves the (...) body unsatisfied and the soul to writhe; for it creates a resistance in the flow of consciousness that makes the human loose its value of life and all that resides within. Egoism enhances superiority promotes an indestructible feeling; denies consciousness that flows within and across the system; a loss of revere to the cosmic bridge of consciousness that links the body, mind and soul to the universe. Satisfaction can be gotten when one clearly differentiates the subjectivity from the objectivity of consciousness; for the subjectivity of consciousness cannot be taken for granted over its trailing objectivity that ceaselessly deceives. (shrink)

Episodic memory has often been viewed as being fundamentally of the past, as being dependent on the transmission of content from the past, and, insofar as it preserves a certain kind of knowledge, as being for the past. The mental time travel paradigm in psychology, which provides an influential model of the relationships between capacities including episodic memory, episodic future thought, and episodic counterfactual thought, has encouraged researchers in multiple disciplines to reconsider these views. Driven by evidence concerning the overlapping (...) brain regions that they engage, the mental time travel paradigm treats these capacities as expressions of a single underlying system, suggesting that memory may have as much to do with the future as it does with the past. (shrink)

La concepción fenomenológica del sentido común inspirada por James sostiene que atender es esencialmente un fenómeno mental consciente. Las implicancias filosóficas modales de esta tesis sobre la naturaleza de la atención son claras. No es posible atender una cosa, sin ser consciente de ella. Sobre la base de estudios clásicos en torno a patologías visuales como la vista ciega y a experimentos recientes con sujetos no patológicos, este artículo argumenta que la conclusión filosófica jamesiana acerca de la metafísica de (...) la atención es falsa. La evidencia sugiere que de hecho es posible atender objetos sin experimentarlos conscientemente. (shrink)

The character of contemporary criminal law is changing. This article examines one aspect of that change: a type of criminal offence which, it is argued, effectively ousts the criminal courts. These ‘ouster offences’ are first distinguished from more conventional offences by virtue of their distinctive structure. The article then argues that to create an ouster offence is to oust the criminal courts by depriving them of the ability to adjudicate on whatever wrongdoing the offence-creator takes to justify prosecuting potential defendants. (...) The article further argues that creating such an ouster is objectionable on a number of grounds. It deprives the courts of the ability to adjudicate independently, and undermines their ability to deliver procedural justice in both pure and imperfect form. While the ouster in question is by no means express, the article argues that it is nonetheless of the first importance. (shrink)

The Modern Synthesis was based on Darwin’s gradualist view of evolution and early twentieth Century Mendelian and population genetics. Although early results in microbial and molecular genetics seemed to solidify MS views through the Central Dogma of Molecular Biology, accepting their basic concepts as permanent truths blinded MS proponents to the importance of incompatible discoveries in the second half of the 20th and early 21st Centuries. Discoveries based largely on the DNA record have provided a radically different view of genome (...) complexity and biologically-mediated evolutionary change. (shrink)

This paper addresses Fichte’s puzzle of self-consciousness. I propose a new reading of “Fichte’s original insight”, inspired by Pareyson’s general reading, which I call here the “Fichtean metaphysical turn in transcendental philosophy”. Against the mainstream view in Fichte’s scholarship, I argue that Fichte’s and Kant’s views do not concur regarding the primary reference of the “I”, namely spontaneous agency in thinking, which Fichte calls “Tathandlung”. Yet, their views do in fact concur when Fichte claims that this spontaneous agency in thinking (...) is the “essence” or the underlying nature of the self, which Kant denies. Regarding this I take the side of Fichte. But how is Fichte’s original insight supposed to solve the puzzle of self-consciousness? At that transcendental level, the puzzle does not arise because there is no need for self-identification in the first place. Transcendental self-knowledge results from the sui generis intellectual Selbstanschauung that everyone has of oneself as sheer spontaneous agency in thinking. But at the empirical level, the puzzle does not arise either and for the same reason. Reference to the embodied self dispenses with any self-identification because it is based on the fundamental metaphysical relation everybody has to their own body, namely identity. (shrink)

Malinchism is a social phenomenon, distinctive of Latin America, which generates an internalisation of valuation patterns characterised by denying and underestimating local cultural expressions and...

Neste artigo apresentamos, de forma concisa e em português, alguns elementos-chave dos principais debates contemporâneos na filosofia da memória. Nosso principal objetivo é tornar essas discussões mais acessíveis aos leitores de língua portuguesa, fornecendo uma atualização importante para esforços anteriores (Sant’Anna & Michaelian, 2019a). Começamos introduzindo a noção de viagem no tempo mental, a qual estabelece a base empírica para a metodologia empregada em trabalhos recentes, antes de apresentar dois debates centrais. Primeiro, o debate entre causalistas e simulacionistas sobre a (...) teoria da lembrança filosoficamente correta (§2). Segundo, o debate entre continuístas e descontinuístas sobre a relação entre lembrança episódica e certas formas de imaginação (em particular, o pensamento episódico acerca do futuro) (§3). Na segunda parte do artigo, apresentamos e exploramos dois tópicos de discussão crescente: a natureza do sentimento de passado característico da memória episódica (§4) e questões de meta-nível relativas ao próprio caráter das controvérsias exploradas na primeira parte do artigo (§5). (shrink)

In recent research, the concept of “media diets” has received increased attention. However, the concept remains vague and not fully developed, and rarely, if at all, do researchers ask citizens about their perceptions of their own and others’ media diets. With the ongoing transformation of the media landscape, there has never been a more pertinent time to explore these perceptions, which this research intends to do. The main goal of this paper then is to identify recommendations addressing recently voiced concerns (...) about news consumption patterns in contemporary society to relevant stakeholders. Empirically, the study is based on a series of focus group interviews with younger (18–25 years old) and older (over 55) adults in five European countries (Germany, Poland, Romania, Spain, and the UK). Our results show important cohort differences as well as cross-country similarities, which are pertinent insights for the formulation of stakeholder recommendations. (shrink)

In declaring that «existence as existence corresponds to being as such, and pertains to its intrinsic significance», Suárez accords to existence a preeminence perhaps not ascribed to it by any Scholastic philosopher. Conceptually distinct, existence and essence are really identical, their identity indicated by the term essentia realis, or «existent essence.» Being is at once unitary in meaning and dyadic; it denotes existence that is both actual and aptitudinal . «Actual» existence is realized extra-mentally, while the «aptitudinal» is existence insofar (...) it is intelligible to the mind, prescinding from but not denying any extra-mental realization. The terminology that Suárez employs is distinctly his own. Gilson, however, reads him Thomistically, and so interprets his essentia realis as a kind of Thomist reified concept affirming the preeminence of essence. More recent commentators, influenced by Heidegger, see in the Suarezian essentia realis no more than cogitabilitas. (shrink)

Este trabalho apresenta uma tradução, do grego, do capítulo primeiro da carta de Paulo, aos romanos, a partir do texto crítico de Westcott e Hort, de 1885, com uma significativa divergência, em relação às versões, em inglês, King James e NIV1, em português, ACRF2, ARIB3, Católica, NVI4 e Bíblia de Estudo de Genebra, e, em alemão, Luther. As razões dessa tradução estão comentadas em diversos temas, agrupados em quatro partes: Romanos 1:1-7, Romanos 1:8-14, Romanos 1:15-23 e Romanos 1:24-32. Esse (...) comentário é baseado numa breve contribuição do pensamento grego, do contexto de Habacuque, e numa interpretação tematicamente mais coesa que a apresentada pelo comentário de William Hendriksen. Esses temas, por sua vez, envolvem desde questões tradicionais, já bem conhecidas, como o serviço apostólico de Paulo, o nascimento de Jesus, bem como seu senhorio e filiação divina “em poder”, após a ressurreição, assim como a ideia do justo que vive pela fé, a justiça, a ira e a glória de Deus, assim como “novos” temas envolvendo a etnia cristã, o “batismo” final de Jesus, o conhecimento comum, a capacidade eterna, a atividade divina e a concessão de Deus, entre outros. (shrink)

In chapter five of Wise Choices, Apt Feelings Allan Gibbard develops what he calls a ‘normative logic’ intended to solve some problems that face an expressivist theory of norms like his. The first is “the problem of embedding: The analysis applies to simple contexts, in which it is simply asserted or denied that such-and-such is rational. It says nothing about more complex normative assertions.”1 That is the problem with which I will be concerned. Though he doesn’t list it as one (...) of the problems to be solved, Gibbard’s devices also explain what it means to say that a certain normative argument is ‘valid’, that one normative statement follows from some others. Both of these questions arise because of the ways we ordinarily think and speak, ways which on a simplistic version of expressivism appear not to make any sense. An expressivist committed to making sense of the way we ordinarily think and speak in normative language owes some account of embeddings and of logic. Gibbard’s device seems to me the clearest and most systematic of any expressivist attempt to meet these challenges. (shrink)

& A college development officer is offered a generous gift by a donor whose identity would embarrass the institution. Should the development officer accept? & A volunteer lies about his level of giving, but classmates believe him and match his "gift." Should donors be told the truth? & A development officer must explain to a donor the difference between naming an endowed chair and selecting the person to fill the chair. Where is the line between reasonable donor expectations and intrusion? (...) "There was a time, barely a generation ago, when most college fund raising was a placid, back-porch operation... That pattern, like so much in higher education, began to change dramatically... On the heels of all this change comes this splendid volume by Deni Elliot. The new fund-raising environment raises a host of ethical questions that were largely unknown or unrecognized by earlier generations of fund raisers... The great value of this book is that it provides some clear-eyed guidance through the ethical thicket that is modern higher education fund raising. The great charm of the book is that it provides this important service with such eloquence and good taste... Anyone involved in modern fund raising will find something of value in this book." -- G. Calvin MacKenzie, Academe "This volume provides college and university development officers and administrators practical help with recognizing difficult ethical situations and discerning the correct ethical response. It can also serve as a guide for donors who wonder what's reasonable for them to expect from fund raisers." -- Resources in Education Contributors: Allen Buchanan, James A. Donahue, Marilyn Batt Dunn, Deni Elliott, Bernard Gert, Judith M. Gooch, Bruce R. Hopkins, Frank Logan, Mary Lou Siebert, Holly Smith, and Eric B. Wentworth. (shrink)

In this paper I demonstrate the connection between the single remark Wittgenstein made explicitly on Hans Vaihinger’s Die Philosophie des als ob and the remarks he made on Sir James George Frazer’s The Golden Bough. After a critical-genetic exposition of the relevant material, I offer an interpretation of that connection, which will require that I interpret the remark on the philosophy of “as if” relative to how Wittgenstein seems to regard Vaihinger’s fictionalism and relative to how Wittgenstein reads Frazer.

This study attempts to situate Carl Stumpf's theory of emotions with regard to that of his teacher, Franz Brentano, and to the sensualist theory of William James. We will argue that Stumpf's theory can be considered an attempt to reconcile James's sensualism, which emphasizes the role of bodily feelings, with what we will call, for the purposes of this study, Brentano's intentionalism, which conceives of emotions as intentional states. Stumpf claims that James's sensory feelings and Brentano's affective (...) intentional states are two sides of the same coin in that they constitute two essential ingredients of a full-fledged theory of emotions. The question is whether Stumpf's ecumenism avoids the objections that he himself raises against James's and Brentano's theories. The paper is divided into four parts: the first part presents Stumpf's classification of psychical functions; the second part presents his criticism of James's theory of emotions; the third part is a summary of Stumpf's complex debate with Brentano on emotions and sensory feelings; the last part examines Stumpf's attempt to incorporate into his theory of affects the phenomenological and intentional aspects of emotions. I conclude with a note on the unity of consciousness. (shrink)

Recensión de James Scott: Elogio del Anarquismo. Traducción de Rosa M. Salleras Puig. Barcelona, Crítica, 2013, 222 págs.

resumo Este artigo parte da constatação de que a análise jamesiana da consciência do tempo constituiu uma fonte comum fundamental das meditações husserlianas e wittgensteinianas relativas ao tempo, o specious present engendrando tanto o ursprüngliche Zeitfeld de Husserl quanto o fliehende Gegenwart do Wittgenstein de 1929. Em seguida, examino a possibilidade de apreender a articulação entre as concepções do tempo de Husserl e de Wittgenstein no nível de suas respectivas apropriações da análise de James. Respondendo de modo afirmativo, sustento (...) de início que essas apropriações se cruzam na crítica do presentismo jamesiano e da idéia segundo a qual a lembrança é uma imagem-cópia presente. Sustento, em seguida, que o anti-psicologismo dá lugar, no entanto, a desenvolvimentos muito diferentes em Husserl e em Wittgenstein. Aquele, com efeito, visa purificar o "núcleo fenomenológico" contido na análise jamesiana de seus resíduos psicológicos para revelar o que ele nos ensina acerca dos modos de aparecer temporais essenciais. De modo inteiramente diferente, Wittgenstein irá pôr em questão a própria imagem do fluxo do presente de consciência, ao descrever a genealogia dessa imagem a partir de erros acerca da linguagem ordinária. O resultado desse artigo é duplo: de um lado, se a análise jamesiana é realmente uma fonte comum às reflexões husserliana e wittgensteiniana acerca do tempo, no final das contas ela dá lugar a apropriações quase opostas; de outro, o debate James-Husserl-Wittgenstein permite confrontar as abordagens psicológica, fenomenológica e gramatical do tempo, e, desse modo, em particular, especificar esta última. palavras-chave James – Husserl – Wittgenstein – tempo - fenomenologia. (shrink)

The millionaire’s idle, talentless and self-centered daughter inherits a large sum of money that she does not really deserve. The victim of kidnapping rots in a cell in 1980s Beirut in a captivity that springs not from any wrong he has done but from his ill-fortune in being in the wrong place at the wrong time. The hard-working, brilliant and self-denying Nobel Prize-winning scientist receives a large cheque for his extraordinarily productive labours. The murderer spends decades in jail for the (...) terrible crimes he has freely committed. The first two cases are cases where justice seems ill-served, where someone’s good or ill-fortune reflects not what they deserve but mere luck. The second two are cases where justice seems to be honoured: what befalls Scientist and Murderer reflects not their good or bad luck but their merits and deserts. (shrink)

Wittgenstein gives voice to an aspiration that is central to his later philosophy, well before he becomes later Wittgenstein, when he writes in §4.112 of the Tractatus that philosophy is not a matter of putting forward a doctrine or a theory, but consists rather in the practice of an activity – an activity he goes on to characterize as one of elucidation or clarification – an activity which he says does not result in philosophische Sätze, in propositions of philosophy, but (...) rather in das Klarwerden von Sätzen, in our attaining clarity in our relation to the sentences of our language that we call upon to express our thoughts.1 To say that early Wittgenstein already aspired to such a conception of philosophy is not to gainsay that to aspire to practice philosophy in such a manner and to succeed in doing so are not the same thing. It is therefore not to deny that, by Wittgenstein’s later lights, the Tractatus is to be judged a work that is marked by forms of failure tied to its having failed fully to live up to such an aspiration. But if it is thus to be judged, then it is to some degree a failure even by Wittgenstein’s own earlier lights. This means that if one wants to understand the fundamental turn in Wittgenstein’s thinking as he moves from his earlier to his later philosophy, and why it is that he wanted the Tractatus to be published and read together with Philosophical Investigations, one needs to understand what sort of failure this is – and that requires coming to terms with the Tractatus’s own understanding of what sort of work it was trying to be. We think that readers of the Tractatus – be they admirers or detractors of Wittgenstein – have, on the whole, failed to do this. (shrink)

Descartes's view that the eternal truths of mathematics and logic have been established by God and depend on his will does not merely commit him (as some commentators have suggested) to denying that such truths are necessarily necessary; it abolishes their necessity altogether. For similar reasons, some contemporary views also unwittingly abolish necessity.

A model of metaphysics associated with EJ Lowe and Tuomas Tahko sees metaphysics as involving a priori knowledge of possible essences, or at least modal facts, and delimiting the actual ‘ontological categories,’ the ultimate and essential divisions of what exists, based on the results of a posteriori scientific investigation. Their approach to metaphysics has been criticized by those who argue that such metaphysics is unsuitably a priori, disconnected with empirical research in natural science, and ends up failing to provide meaningful (...) constraints on metaphysical theorization. I present different epistemological and semantic worries about these accounts to motivate an alternative perspective on which metaphysics centers on form, rather than possibility. This scholastic perspective is shown to incorporate the skeptical insights as constitutive of its approach to existence, by way of the position that ‘being’ is not a genus. Rather, ‘being’ is a determinable. The scholastic approach can thus provide responses to the skeptics, since it denies that ontological categories – in the Lowe/Tahko sense – are what metaphysicians investigate and proposes a different view of ontological categories as classes of forms. (shrink)

After briefly sketching common-morality principlism, as presented in Principles of Biomedical Ethics, this paper responds to two recent sets of challenges to this framework. The first challenge claims that medical ethics is autonomous and unique and thus not a form of, or justified or guided by, a common morality or by any external morality or moral theory. The second challenge denies that there is a common morality and insists that futile efforts to develop common-morality approaches to bioethics limit diversity and (...) prevent needed moral change. This paper argues that these two critiques fundamentally fail because they significantly misunderstand their target and because their proposed alternatives have major deficiencies and encounter insurmountable problems. (shrink)

In this article I press four different objections on Forst’s theory of the ‘Right to Justification’. These are (i) that the principle of justification is not well-formulated; (ii) that ‘reasonableness and reciprocity’, as these notions are used by Rawls, are not apt to support a Kantian conception of morality; (iii) that the principle of justification, as Forst understands it, gives an inadequate account of what makes actions wrong; and (iv) that, in spite of his protestations to the contrary, Forst’s account (...) veers towards a version of moral realism that isprima facieincompatible with Kantian constructivism. I then evaluate Forst’s theory in the light of a distinction made by Sharon Street between restricted and unrestricted constructivism. I show that Forst has reason to deny that it is either the one or the other, but he is not able to show that it is both or neither. I conclude that the arguments Forst advances in support of his constructivist theory of the right to justification entail that it is a metaphysical and comprehensive conception in the relevant, Rawlsian sense. Forst’s theory of the right to justification therefore fails to fulfil one of the main stated aims. (shrink)

Metaethical expressivism is typically characterised as the view that normative statements express desire-like attitudes instead of beliefs. However, in this paper I argue that expressivists should claim that normative statements express beliefs in normative propositions, and not merely in some deflationary sense but in a theoretically robust sense explicated by a theory of propositional attitudes. I first argue that this can be achieved by combining an interpretationist understanding of belief with a nonfactualist view of normative belief content. This results in (...) a view I call ‘interpretative expressivism’. I then argue that traditional arguments employed by expressivists that normative statements express noncognitive attitudes can just as well support the claim that normative statements express nonfactual or nonrepresentational beliefs. Finally, I argue that this view has a number of advantages to versions of expressivism that deny that normative statements express non-deflationary normative beliefs. (shrink)

Special relativity has been understood by many as vindicating a tenseless conception of time, denying the existence of tensed facts and a fortiori objective temporal passage. The reason for this is straightforward: both passage and the obtaining of tensed facts require a universal knife-edge present moment—yet this structure is not easily reconcilable with the relativity of simultaneity. The above being said, the prospects for tense and passage are sometimes claimed to be improved on moving to cosmological solutions of general relativity. (...) In this paper, we evaluate in detail these arguments, finding that there remain several open questions to be addressed if the introduction of tensed facts into the relativistic context is to be compelling. Moreover, we argue that, even setting aside these issues, objective tense stands and falls in relativity for exactly the same reasons that it does in classical philosophical discussions on the matter. (shrink)

This paper addresses Fichte’s puzzle of self-consciousness. I propose a new reading of “Fichte’s original insight,” inspired by Pareyson’s general reading, which I call here the “Fichtean metaphysical turn in transcendental philosophy.” Against the mainstream view in Fichte’s scholarship, I argue that Fichte’s and Kant’s views do not concur regard- ing the primary reference of the “I”, namely spontaneous agency in thinking, which Fichte calls “Tathandlung”. Yet, their views do, in fact, concur when Fichte claims that this spontaneous agency in (...) thinking is the “essence” or the underlying nature of the self, which Kant denies. Regarding this, I take the side of Fichte. But how is Fichte’s original insight supposed to solve the puzzle of self-consciousness? At that transcendental level, the puzzle does not arise because there is no need for self-identification in the first place. Transcendental self-knowledge results from the sui generis intellectual Selbstanschauung that everyone has of oneself as sheer spontaneous agency in thinking. But at the empirical level, the puzzle does not arise either and for the same reason. Reference to the embodied self dispenses with any self-identification because it is based on the fundamental metaphysical relation everybody has to their own body, namely identity. (shrink)

W. Matthews Grant has argued that it is possible to reconcile a strong theory of God’s causal sovereignty with libertarian freedom by denying that God causes the acts of free creatures by means of some factor intrinsic to Himself. Grant argues that the accounts on which God causes those actions of His creatures in virtue of His decrees cannot be libertarian. I will argue that two classical theories of grace, despite holding that God causes creaturely acts in virtue of a (...) divine decree or intention, remain libertarian in just the same sense Grant’s account is. I controversially propose that this is true even of Banezian theories of grace, on which God causes free actions directly. Instead, I suggest that we can characterize what it is for a theory to be theological determinist according to a distinction proposed by Eleonore Stump. (shrink)

This dissertation presents an objection to Wittgenstein's concept of family resemblances, three possible solutions to the objection, evaluations of the solutions, and a sketch of Wittgenstein's approach to the objection. My thesis is that none of the three proposed solutions is satisfactory, but that Wittgenstein can deal with the objection. ;Chapter I presents the Problem of the Under-Determination of Extension, the claim that family resemblances are not enough to explain the extension of a concept, since resemblances may be postulated between (...) cases falling under different concepts. ;Chapters II and III discuss three solutions proposed by commentators on family resemblances. The Basic Predicates Solution claims that points of family resemblance are sufficient conditions, and is incorrect since Wittgenstein denies that one can infer the applicability of a concept based on the presence of a resemblance to an instance of the concept. The Simple Properties Solution claims that only some concepts are family resemblance concepts, and depend upon concepts which are not family resemblance concepts, and is incorrect, since Wittgenstein does not require that family resemblance concepts be reducible to non-family resemblance concepts. The Bi-Directional Determination of Concepts Solution is the claim that a concept is determined by an interaction between facts about cases subsumed under it, and needs and purposes of language-users. This solution is non-Wittgensteinian by ignoring the ramifications of his concepts of grammar and language-games. ;Chapter IV argues that Wittgenstein deals with the original objection by developing new models for understanding language, involving the concepts of grammar and language-games. (shrink)

Pharmacy Benefit Managers (PBM) induce drug manufacturers to offer rebates to insurers and employers by denying coverage through formulary exclusions, impeding physician prescription through prior authorization, and reducing patient drug use through cost sharing. As they tighten these access obstacles, PBMs reduce the net prices received by the manufacturers.