In the last years of his life, Gerald C. MacCallum, Jr., defied illness to continue his work on the philosophy of law. This book is a monument to MacCallum’s effort, containing fourteen of his essays, five of them published here for the first time. Two of those previously published are widely admired and reprinted: “Legislative Intent,” certainly one of the best papers ever published on its topic, and “Negative and Positive Freedom,” which offered a new way of (...) looking at a distinction that had been canonical for the last two centuries. To complete MacCallum’s unfinished pieces, Marcus G. Singer and Rex Martin painstakingly consulted MacCallum’s notes for planned revisions. MacCallum discusses legal reasoning, the application of rules, the interpretation of statutes and constitutional provisions, and the relation of these matters to morality and justice. In the last decade of his working life, he became greatly concerned with the interrelated themes of integrity, autonomy, conscience, and violence. He wished to relate competition to morality and justice to adversarial systems of law. These themes are woven together in Legislative Intent and constitute the main subject of some of the essays. MacCallum was engaged in a constant search for truth and understanding, and in his life and work lived up to Emerson’s vision of the “American Scholar” as a “human being thinking.” These essays are informed by the author’s deep curiosity, penetrating intelligence, wide knowledge, and outstanding character. They will be treasured wherever these characteristics and true philosophy are treasured. (shrink)

The popular slogan that one ought to fight for what he believes right appears to point a way for persons to witness the moral seriousness of their interest in reform. But exactly what way does it point, and, in particular, does it enjoin resort to violence for the sake of what one believes right ? Pursuit of this question exposes some roots of our indecisive and often confused views about the acceptable means of revolution and reform and the eventual r61e (...) of violence therein. Common understandings of ?violence? and ?fight for? do not carry us far. Further, there are doubtless differences in how the slogan's enjoinment of ?fighting? (and thus, if at all, of violence) is understood to be limited. These differences and the issues underlying them are exposed when we ask whether the slogan is to be understood to enjoin fighting or manners of fighting that might be called premature, gratuitous, or wasteful, and when we ask whether the ?ought? in the slogan is to be understood as, at best, a prima facie ought. (shrink)

Gerald MacCallum taught philosophy at the University of Wisconsin from 1961 until 1977. The stroke he suffered in that year prevented him from further teaching. He continued to write, even through the crippling effects of a second stroke, until his death in 1987. His final project was the Prentice Hall Foundations in Philosophy book, Political Philosophy. The present collection brings together papers, published and unpublished, spanning his writing career. I hope in this short space to convey some bigger, (...) largely tacit themes underlying MacCallum’s penetrating but humble attention to detail and distinctions. (shrink)

Simon Cushing conducted the following interview with Eric Olson on 1 July 2016.

Perry Hendricks’ ‘impairment argument’, which he has defended in this journal, is intended to demonstrate that the generally conceded wrongness of giving a fetus fetal alcohol syndrome (FAS) shows that abortion must also be immoral, even if we allow that the fetus is not a rights-bearing moral person. The argument fails because the harm of causing FAS is extrinsic but Hendricks needs it to be intrinsic for it to show anything about abortion. Either the subject of the wrong of causing (...) FAS is a person who does not exist in the case of abortion or the wrong is negligible. (shrink)

A case study of the development of quantum field theory and of S-matrix theory, from their inceptions to the present, is presented. The descriptions of science given by Kuhn and by Lakatos are compared and contrasted as they apply to this case study. The episodes of the developments of these theories are then considered as candidates for competing research programs in Lakatos' methodology of scientific research programs. Lakatos' scheme provides a reasonable overall description and a plausible assessment of the relative (...) value of these two programs in terms of progressive and degenerating problem shifts. Also discussed are the roles of various types of models as they have been used in these areas of theoretical high-energy physics. (shrink)

Simon Cushing conducted the following interview with Marya Schechtman on 24 June 2015.

The traditional dispute over whether there are one or two ‘concepts’ of freedom has recently been reignited. Despite this, Isaiah Berlin’s distinction between positive and negative freedom retains a significant amount of influence over academic and popular disputes about freedom, continuing to withstand recent attempts, in Eric Nelson’s words, to ‘lift the shadow’ of Berlin’s famous dichotomy. Berlin’s distinction has traditionally been assailed by two separate schools of thought. One line of argument, propounded by Quentin Skinner and Philip Pettit, has (...) suggested that Berlin’s account includes (at least) one concept of freedom too few. Another line of attack, however, propounded by the likes of Nelson, Efraim Podoksik and Gerald MacCallum, has suggested that, to the contrary, Berlin’s account contains one concept of liberty too many. In this article, I will attempt to clear up this confusing picture by discussing how both of these lines of attack have a role to play in helping to dismantle Berlin’s ultimately misleading account of freedom. In the second half of the article, I then go on to explore the implications of this for contemporary political theory in the construction of a theory of freedom for modern political communities, discussing how the ‘spectrum’ of liberty I explore in the first half leads, naturally, to a social model of individual liberty. (shrink)

Simon Cushing conducted the following interview with Elizabeth Anderson on 18 June 2014.

Simon Cushing conducted the following interview with Robert Kane on 24 August 2017.

Theoria , the international Swedish philosophy journal, was founded in 1935. Its contributors in the first 75 years include the major Swedish philosophers from this period and in addition a long list of international philosophers, including A. J. Ayer, C. D. Broad, Ernst Cassirer, Hector Neri Castañeda, Arthur C. Danto, Donald Davidson, Nelson Goodman, R. M. Hare, Carl G. Hempel, Jaakko Hintikka, Saul Kripke, Henry E. Kyburg, Keith Lehrer, Isaac Levi, David Lewis, Gerald MacCallum, Richard Montague, Otto Neurath, (...) Arthur N. Prior, W. V. Quine, Nicholas Rescher, Ernest Sosa, Robert C. Stalnaker, P. F. Strawson, Patrick Suppes, Johan van Benthem, Georg Henrik von Wright and many others. Hempel's confirmation paradoxes, Ross's deontic paradox, Montague's universal grammar and Lindström's theorem are among the contributions to philosophy that were first published in Theoria. (shrink)

The article responds to an influential critique of the view that there is a conceptual distinction between kinds of liberty. The critique in question began with Gerald MacCallum Jr’s famous argument that liberty is a single concept that has a triadic structure between agent, constraint, and end. Against this view, the article argues that the triadic structure offered by MacCallum is unable to conceptualize a particular distinct understanding of liberty. Following Charles Taylor, the article defends the view (...) that there is a distinct ‘exercise-concept’ of liberty that the triadic structure cannot account for. In support of this claim, the article contests a recent argument that an exercise-concept of liberty can be conceptualized in terms of the triadic structure. The article argues that the triadic framework can only conceptualize an exercise-concept of liberty at the cost of abandoning the substance of that framework. To defend this, the article explains that the triadic structure and an exercise-concept are basically conceptually distinct in virtue of the fact that the former embodies a ‘static’ concept, whereas the latter embodies a ‘dynamic’ one. To complete the argument that an exercise-concept is a distinct concept of liberty, the article articulates a common theme that unifies both the triadic structure and an exercise-concept as concepts of liberty. (shrink)

Simon Cushing conducted the following interview with Allen Buchanan on 2 June 2014.

Simon Cushing conducted the following interview with Susan Wolf on 29 July 2016.

This paper is a critique of a project, outlined by Laudan et al. (1986) recently in this journal, for empirically testing philosophical models of change in science by comparing them against the historical record of actual scientific practice. While the basic idea of testing such models of change in the arena of science is itself an appealing one, serious questions can be raised about the suitability of seeking confirmation or disconfirmation for large numbers of specific theses drawn from a massive (...) list of claims abstracted from the writings of a few philosophers of science. The present paper discusses what one might reasonably expect from a model of change in science and then compares some clusters of theses from Laudan et al. with developments in recent theoretical physics. The results suggest that such straightforward testing of theses may be largely inconclusive. (shrink)

Article responds to the criticism of speciesism that it is somehow less immoral than other -isms by showing that this is a mistake resting on an inadequate taxonomy of the various -isms. Criticizes argument by Bonnie Steinbock that preference to your own species is not immoral by comparison with racism of comparable level.

New philosophical essays on love by a diverse group of international scholars. Topics include contributions to the ongoing debate on whether love is arational or if there are reasons for love, and if so what kind; the kinds of love there may be ; whether love can explain the difference between nationalism and patriotism; whether love is an necessary component of truly seeing others and the world; whether love, like free will, is “fragile,” and may not survive in a deterministic (...) world; and whether or not love is actually a good thing or may instead be a force opposed to morality. Key philosophers discussed include Immanuel Kant, Iris Murdoch, Bernard Williams, Harry Frankfurt, J. David Velleman, Niko Kolodny, Thomas Hurka, Bennett Helm, Alfred Mele and Derk Pereboom. Essays also touch on the treatment of love in literature and popular culture, from Graham Greene’s The End of the Affair to Spike Jonze’s movie her. (shrink)

A short play wherein three pregnant (previously) anti-abortion men consider the arguments for and against abortion.

If each of the subtypes of autism is defined simply as constituted by a set of symptoms, then the criteria for its observation are straightforward, although, of course, some of those symptoms themselves might be hard to observe definitively. Compare with telling whether or not someone is bleeding: while it might be hard to tell if someone is bleeding internally, we know what it takes to find out, and when we have the right access and instruments we can settle the (...) issue. But matters are not so simple for the autism subtypes. For one thing, how do we settle which symptoms to group together under one heading? One key difference between “autism disorder” and “Asperger’s disorder” is that the former exhibit language delays (sometimes extreme), whereas the latter do not. But is that a sign of genuinely distinct conditions or is that an artifact of the distinct groups of subjects that Leo Kanner and Hans Asperger worked with? And in general, although there are certainly types of behavior that are taken to be indicative of autism, none by itself is taken by diagnosticians to be either necessary or sufficient for a definitive diagnosis for any of the autism subtypes. What is the diagnostician to do? This is not merely an academic issue, as many parents can attest. Are we in a situation, then, that each practitioner has his or her own “pet” signs that are the “real keys” to the diagnosis? That would suggest that the term “autistic” might meet the fate of the outdated term “neurotic,” which turned out to be a pseudo-scientific term for an inexact clumping together of unrelated phenomena. The assumption amongst specialists seems to be that we will reach the point with "autism" that we have with "water": there will be a root essence to autism whose presence or absence settles a diagnosis. If that is to be the case, however, we have to settle the level of application of the concept. Does the term apply to people who exhibit particular behaviors? Or is it possible to exhibit “autistic” behaviors without actually being autistic, because autism is instead a particular feature of the mind (as, for example, in Baron-Cohen’s “impaired theory of mind module” theory, discussed below) which usually but not necessarily has behavioral effects? Or is autism located instead in the brain, perhaps in damage to key areas, which in turn would typically have an effect on modules of the mind? Or perhaps autism is located in genetics or biology, so that some people with damage to the brain caused by accidents so that they exhibit autistic symptoms would not actually be autistic. Conversely, supposing one had an “autistic brain” but showed none of (or not a sufficient number of) the symptoms, would one not be autistic? The assumption is that the genotypes and phenotypes will line up neatly, but if they do not, what happens to the concept “autistic?” (There is an analogy in the philosophy of sex and gender: androgen insensitive individuals tend to self-identify as female and have outward female traits, but have XY chromosomes—should we go with chromosomes or self-identity in assigning sex category?) Finally, the implications for these complications for diagnosis and categorization, with the attendant social and medical implications is discussed. The typical assumption of the medical profession is that autism cannot be “cured.” That assumes that autism is not simply the symptoms. However, at the same time, the tests used to diagnose ASDs work simply from the symptoms (for example, Baron-Cohen’s Sally/Anne test, which ASD children of a certain age almost all fail, but which practically no ASD adult fails). This implies an inherent confusion over the status of the concept. I conclude that attempts to make sense of some true or accurate summary of what it is to be autistic (such as one would find in the DSM) are almost certainly misguided and will vanish into history along with “neurotic.” But as with racial terms, which are similarly shifting and perverse, the term has already passed into the public sphere and will have a lasting and dangerous influence beyond its short scientific shelf-life. (shrink)

Over the past ten years or so, the position of Liberal Nationalism has progressed from being an apparent oxymoron to a widely accepted view. In this paper I sketch the most prominent liberal defenses of nationalism, focusing first on the difficulties of specifying criteria of nationhood, then criticizing what I take to be the most promising, culture-based defense, forwarded by Will Kymlicka. I argue that such an approach embroils one in a pernicious conservatism completely at odds with the global justice (...) concerns that I take to be central to liberalism with its core values of equality and liberty. (shrink)

Examples, mainly from research in current physics, are used to examine and illustrate the network of factors which produce in scientific debate a convergence of opinion to a generally accepted set of laws and theories. Also addressed is the question of the reliability of these general theories as a faithful representation of the complexity of physical reality.

An extended example illustrating various theories of personal identity and imagining how duplicates would confront the argument that neither of them is identical with the original.

Why does one theory "succeed" while another, possibly clearer interpretation, fails? By exploring two observationally equivalent yet conceptually incompatible views of quantum mechanics, James T. Cushing shows how historical contingency can be crucial to determining a theory's construction and its position among competing views. Since the late 1920s, the theory formulated by Niels Bohr and his colleagues at Copenhagen has been the dominant interpretation of quantum mechanics. Yet an alternative interpretation, rooted in the work of Louis de Broglie in (...) the early 1920s and reformulated and extended by David Bohm in the 1950s, equally well explains the observational data. Through a detailed historical and sociological study of the physicists who developed different theories of quantum mechanics, the debates within and between opposing camps, and the receptions given to each theory, Cushing shows that despite the preeminence of the Copenhagen view, the Bohm interpretation cannot be ignored. Cushing contends that the Copenhagen interpretation became widely accepted not because it is a better explanation of subatomic phenomena than is Bohm's, but because it happened to appear first. Focusing on the philosophical, social, and cultural forces that shaped one of the most important developments in modern physics, this provocative book examines the role that timing can play in the establishment of theory and explanation. (shrink)

Pragmatic Revolt in American History: Carl Becker and Charles Beard by Cushing Strout: ONE of the most striking characteristics of the modern mind, has been its preoccupation with history. In earlier times the historical sense was neither sophisticated nor pervasive, but now even science and religion, long-revered guardians of timeless truths, are approached historically. "To regard all things in their historical setting appears, indeed," as Carl Becker has said, "to be an instructive procedure of the modern mind. We do (...) it without thinking, because we can scarcely think at all without doing it." This relatively new intellectual awareness of the historical dimension of life has been paralleled by the modern tendency toward secularization, the acceptance of the concrete world of human history as the source of ultimate values and fulfillment. The modern mind has looked to history not only as a mode of understanding but also as a final destiny. It has been primarily concerned with the secular problems posed by the workings of the historical process, and it has had the confidence to believe that those problems could be solved in and through the very process which generated them. LIBERALISM, among modern historical forces, has characteristically expressed this secular commitment to control of the historical process, though, paradoxically, its confidence has been based less on the development of historical thought than on the new powers, which natural science and technology have produced. Because man has learned to control nature, liberals have believed that men could achieve progress in history. (shrink)

Simon Schama's Dead Certainties is assessed in the light of the complex relationship between history and fiction, which share some limited common territory. Examples are cited from Mary Chesnut, Oscar Handlin, Georg Lukács, Herman Melville, Robert Penn Warren, P. D. James, and Wallace Stegner.Schama's book has some kinship to the skepticism found in "the new historicism" and "deconstruction," but also has its own differences from the fashionable "inverted positivism" which concludes that since evidence is not an open window on reality, (...) it must be a wall precluding access to it. Only two of Schama's three narratives cohere, and while uncertainty may be a common theme, his historian's judgment tends to dissipate much of the mystery his fictionalizing technique creates. His idea of historical uncertainty arises from a fallacy that a "communion with the dead" , possible only for a time-traveler, represents authentic knowledge.Affirming that asking questions and relating narratives are not mutually exclusive, Schama joins the company of philosophers and historians who have also made this case. (shrink)

Rawls's theory of political obligation attempts to avoid the obvious flaws of a Lockean consent model. Rawls rejects a requirement of consent for two reasons: First, the consent requirement of Locke’s theory was intended to ensure that the liberty and equality of the contractors was respected, but this end is better achieved by the principles chosen in the original position, which order the basic structure of a society into which citizens are born. Second, "basing our political ties upon a principle (...) of obligation would complicate the assurance problem." Instead, Rawls offers a duty-based account, whereby we are duty-bound to support and comply with just institutions that apply to us. A. John Simmons argues that Rawls cannot meet the particularity requirement of establishing political obligation to only one state. I assess the response that this requirement can be met by the political constructivist element of Rawls's theory. I conclude that there are fatal flaws in this response. (shrink)

From the beginning, the implications of quantum theory for our most general understanding of the world have been a matter of intense debate. Einstein argues that the theory had to be regarded as fundamentally incomplete. Its inability, for example, to predict the exact time of decay of a single radioactive atom had to be due to a failure of the theory and not due to a permanent inability on our part or a fundamental indeterminism in nature itself. In 1964, John (...) Bell derived a theorem which showed that any deterministic theory which preserved locality would have certain consequences for measurements performed at a distance from one another. An experimental check seems to show that these consequences are not, in fact, realized. The correlation between the sets of events is much stronger than any local deterministic theory could allow. What is more, this stronger correlation is precisely that which is predicted by quantum theory. The astonishing result is that local deterministic theories of the classical sort seem to be permanently excluded. Not only can the individual decay not be predicted, but no future theory can ever predict it. The contributors in this volume wrestle with this conclusion. Some welcome it; others leave open a return to at lease some kind of deterministic world, one which must however allow something like action-at-a distance. How much lit it? And how can one avoid violating relativity theory, which excludes action-at-a-distance? How can a clash between the two fundamental theories of modern physics, relativity and quantum theory, be avoided? What are the consequences for the traditional philosophic issue of causality explanation and objectivity? One thing is certain; we can never return to the comfortable Newtonian world where everything that happened was, in principle, predictable and where what happened at one measurement site could not affect another set of measurements being performed light-years away, at a distance that a light-signal could not bridge. Contributors: James T. Cushing, Abner Shimony, N. David Mermin, Jon P. Jarrett, Linda Wessels, Bas C. van Fraassen, Jeremy Butterfield, Michael L. G. Redhead, Henry P. Stapp, Arthur Fine, R. I. G. Hughes, Paul Teller, Don Howard, Henry J. Folse, and Ernan McMullin. (shrink)

This article is an ethnographic analysis of the mutuality that is possible in relationships between caregivers and women with intellectual disabilities who live together in L'Arche homes. Creating mutuality through which both parties grow and exercise agency requires that caregivers learn to negotiate delicate power relations connected to the physics of care and to reframe dominant stereotypes of disability. This helps them to support the women with intellectual disabilities to name and achieve their desires.

Examples of theory development in quantum field theory and in S-matrix theory are related to three questions of interest to the philosophy of science. The first is the central role of highly abstract, mathematical models in the creation of theories. Second, the process of creation and justification actually used make it plausible that a successful theory is equally well characterized as being stable against attack rather than as being objectively correct. Lastly, the issue of the reality of theoretical entities is (...) discussed in light of this representation of theory generation and selection. (shrink)

The fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) was published in 2013 containing the following changes from the previous edition: gone are the subcategories ‘Autistic Disorder,’ ‘Asperger Syndrome’ and ‘PDD-NOS,’ replaced by the single diagnosis ‘Autism Spectrum Disorder,’ and there is a new category ‘Social Communication Disorder.’ In this paper I consider what kind of reasons would justify these changes if one were (a) a realist about autism, or (b) one were a constructivist. I explore (...) various analyses of autism in the research literature that portray it as essentially either a psychological, neurological or genetic phenomenon, and discuss these by reference to the diagnostic criteria and by analogy with the way we understand race and sex categories. I conclude that no realist reasons are available to justify the changes in the diagnostic criteria, and further, that the only way the changes could be justified is if one takes the position that the DSM categories are social constructs. I conclude by exploring what implications follow from this. (shrink)