Amalia Holst (1758-1829) has had a rather conflicted reception within the history of feminism. Her Über die Bestimmung des Weibes zur höhern Geistesbildung (On the Vocation of Woman to the Higher Education of the Mind, 1802) is a strident defense of women’s right of access to education; however her case relies on the presuppostion of woman's traditional threefold role as "mother, spouse, and housewife." In this essay, in addition to disclosing new details about Holst's life, I contend that a (...) closer reading of her text reveals a rather more radical project motivating her discussion, and that this helps alleviate concerns about her alleged unoriginality, conservatism, and elitism. (shrink)

Amalia Holst was an important pedagogical theorist and philosopher who was part of the distinctive intellectual milieu of Hamburg in the late 18th and early 19th century. Holst has enjoyed a fair amount of attention from scholars working on the history of feminism, and she has recently come to the attention of historians of philosophy for her incisive critique of (Rousseau-inspired) educational theories, her vocal advocacy for women’s access to higher education, and for apparently radical lines of thinking in (...) her views on history, religion, and morality. While Holst was something of a public figure in Hamburg—she published two controversial treatises in her lifetime, in addition to a lengthy review of a popular novel—there is relatively little known about her life, with most of what we do know owed to only a sparse handful of sources. It is, therefore, a rather significant development for scholars working on Holst that two letters by her should come to light. These letters are replete with new details of Holst’s life, her intellectual network, and they seem to have been wholly unaccounted for by Holst’s biographers. In this article, I will provide a transcription and translation, with annotations, of the two new letters. (shrink)

This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of the (...) coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof. (shrink)

Journal of Social Philosophy, EarlyView.

Previous studies show that medical students in clinical training face ethical problems that are not often discussed in the literature. In order to make teaching timely and relevant for them, it is important to understand what medical students perceive as ethical problems, as various factors may influence their perception, including cultural differences and working environment. The purpose of this qualitative study was to explore students’ perceptions of what an ethical problem is, during their clinical training in the hospital, and compare (...) the results from two different countries. We observed a total of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools, in Indonesia and the Netherlands. Data were interpreted and analyzed using content analysis. We found that students in both settings encounter problems which are closer to their daily work and responsibilities as medical students and perceive these problems as ethical problems. Indonesian students perceived substandard care and inequity in healthcare as ethical problems, while Dutch students perceived that cases which are not matters of life and death are less worthy to discuss. Our study suggests that there might be a gap between ethical problems that are discussed in class with teachers, and problems that students actually encounter in practice. Teachers should be aware of the everyday situations in clinical training which may be perceived by students as ethically problematic and should acknowledge and discuss these ethical problems with students as part of the learning processes in ethics education. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

This paper discusses the conditions for legitimate expert arrangements within a democratic order and from a deliberative systems approach. It is argued that standard objections against the political role of experts are flawed or ill-conceived. The problem that confronts us instead is primarily one of truth-sensitive institutional design: Which mechanisms can contribute to ensuring that experts are really experts and that they use their competencies in the right way? The paper outlines a set of such mechanisms. However, the challenge exceeds (...) that of producing epistemically optimal expert deliberations because a deliberative political system must also fulfil the ethical and democratic requirements of respect and inclusion. Yet, epistemic concerns justify expertise arrangements in the first place, and measures taken to make the use of expertise compatible with these requirements have to balance the potential rewards from expertise against potential deliberative costs. In the final part of the paper, the regulatory framework of a best practice expert advice system is tentatively analysed to illustrate the applicability and critical potential of our approach. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

A challenge for theories of incomplete descriptions is to capture the consistency of ‘Sobel sequences’ and to account for an asymmetry in the acceptability of utterances of Sobel sequences and ‘reverse Sobel sequences’. David Lewis’s theory of incomplete descriptions answers, unlike many other theories, the challenge from Sobel sequences, but it does not answer the challenge from reverse Sobel sequences. This article presents another asymmetry in the availability of anaphoric readings of Sobel sequences and reverse Sobel sequences, and proposes an (...) explanation of the original asymmetry on its grounds. This provides an answer to the challenge for Lewis’s theory. (shrink)

The purpose of the present contribution is to develop an understanding of experience that accounts for its need to be continuously uncovered and recovered in order to consolidate itself. Through critical dialogue with modern phenomenological and hermeneutical traditions I posit that this consolidation process proves porous and discontinuous as experience contains caesuras and limits, which break open and even fracture what is already known by individual consciousness so as to make room for something new to appear over the horizon. Thinking (...) about how to engage with the phenomena given in experience draws us into a dynamic movement at the limits of singular subjectivity and the world which transcends it to all sides. After following and exploring this movement, it remains a question, which will be discussed in the end, whether all experience can be retrieved. (shrink)

This paper presents the metaphysics of the Vietnamese Buddhist Zen monk Thich Nhat Hanh. He interprets the Buddhist principle of interdependent arising in terms of interbeing, the idea that everything depends for its existence on everything else. On his view, everything “inter-is” with everything else, or “to be is to inter-be.” His interpretation is particularly interesting in light of the contemporary debate on fundamentality in western metaphysics. By embracing the idea of interbeing, he opposes the view that there are fundamental (...) entities which do not depend for their existence on anything else. I give an outline of Thich Nhat Hanh’s views, answer an objection, and explain his reasons for adopting his standpoint. My aim is not to offer a full defense of his views, but only to show that the often neglected position of metaphysical coherentism, which Thich Nhat Hanh adopts, deserves further consideration. (shrink)

This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...) legal theory and virtue theory. The rest of the text presents the contributions to the volume in turn, identifying some of the substantive issues addressed by each of them and their place in the investigation of the interface between virtue theory and legal theory. (shrink)

This paper articulates an egalitarian conception of judicial humility and justifies its value on the grounds that it importantly advances the legal and political ideal of fraternity. This account of the content and value of the virtue of humility stands in sharp contrast with the dominant view of judicial humility as deference or judicial restraint. The paper concludes by discussing some ways in which the account of humility and of its value provided in the paper furthers our understanding of the (...) judicial virtues and of the political implications of giving virtue a role in adjudication. (shrink)

In the 13th century, the availability of Aristotle’s treatises of natural philosophy encouraged forms of integration between libri naturales and sapientia biblica. Instead of diving into allegory and symbolism, several Dominican exegetes began to explore more realistic approaches. The foremost figure is Albert the Great. In his biblical commentaries, philosophy of nature and theology join forces as complementary forms of knowledge. By focusing on Albert’s De vegetabilibus, this paper is aimed at analyzing in which ways the Dominican master reuses his (...) naturalistic and, especially, botanical knowledge as an exegetical tool to deepen both the historical and the allegorical sense, realism and spiritual interpretation. (shrink)

Epistemic democrats are rightly concerned with the quality of outcomes and judge democratic procedures in terms of their ability to ‘track the truth’. However, their impetus to assess ‘rule by experts’ and ‘rule by the people’ as mutually exclusive has led to a meagre treatment of the role of expert knowledge in democracy. Expertise is often presented as a threat to democracy but is also crucial for enlightened political processes. Contemporary political philosophy has so far paid little attention to our (...) reliance on experts and has not sufficiently addressed the question of how expertise can be used to improve the epistemic quality of democratic decision making. We believe this lack of interest is spurred by a too hasty acceptance of arguments dismissive of the political role of experts. The article examines a series of often-cited epistemic objections and concludes that several of them are overstated or misconceived, yet they all reflect real difficulties that need to be addressed. On this background, we tentatively outline a set of mechanisms that can contribute to alleviating the irreducible problem of epistemic asymmetries and ensuring that experts really are experts and use their expertise in the right way. (shrink)

The purpose of the paper is to investigate into the philosophical concept of human embodiment in relation to physical education. As human beings we do not only have a body that we can control, but we ”are” our body and live embodied in the world, as the German thinker, Helmuth Plessner, puts it in one of his many contributions to the philosophical anthropology of the 20th century. Elaborating on this concept of human embodiment the paper explores a form of physical (...) re-education that takes as its starting point this aspect of being in the body which has been and is still being underestimated even in the physical educational system. Re-educating the body in this aspect includes becoming more aware of the states, postures and expressions of the body so as to be able to remain connected to the body and to get to know oneself better as being in the body. (shrink)

I anledning af 50-året for udgivelsen af et af de mest betydningsfulde værker i det 20. århundredes filosofi, Emmanuel Lévinas' Totalitet og uendelighed, behandler artiklen et grundtema i værket, nemlig forholdet mellem etik og undervisning. Det sker under inddragelse af den pædagogiske model, som Lévinas anser for at stå i et modsætningsforhold til sin egen etiske forståelse af undervisning, den sokratiske maieutik. Den udførlige behandling af de to «positioner» skal imidlertid vise, at de har mere til fælles, end det kommer (...) frem i den første modstilling, hvilket giver mulighed for at formulere en mellemposition, der fastholder det etiske ved begge, og som er mere praktisk anvendelig i undervisning end nogen af dem taget hver for sig.Nøgleord: etik, undervisning, Lévinas, åbenbaring, Sokrates, maieutik, dialogEnglish summary: The Ethical Dimension of Teaching – Based on a Main Theme in the Work of Emmanuel LévinasOn the occasion of the 50th anniversary of one of the most important works in 20th century philosophy, Emmanuel Lévinas' Totality and Infinity, the article presents a main theme of this work, the relationship between ethics and teaching. The discussion draws on another pedagogical understanding, which Lévinas considers to be opposed to his own ethical understanding of teaching, Socratic maieutics. A thoroughgoing interpretation of the two «positions» shows, however, that they have more in common than what the opposition seems to elucidate at first. The sublation of the two will make it possible to sketch out a third ethical point of view, more applicable to teaching in practice than either of the two taken on its own. (shrink)

The purpose of the paper is to investigate into the ethical significance of friendship, beginning with its origins in ancient Greek philosophy. The first part is dedicated to an interpretation of Plato’s understanding of friendship as a way towards the good. The second part focuses on how Aristotle takes up the thread after Plato and elaborates on the potential of friendship to enhance the good between virtuous people. In the final parts, the paper uncovers Friedrich Nietzsche’s posthumous thoughts on “an (...) ethics of friendship”, which he traces back to ancient Greek philosophy, and it offers a concluding critical commentary on three modern thinkers, Hans-Georg Gadamer, Hannah Arendt and Alasdair MacIntyre, who reflect, each in their own way, on the human good in an on-going dialogue with the ancient Greek philosophy of friendship. (shrink)

While most of Gramsci's party work is well known to education scholars of Gramsci, and the educational aspects of his writings have been repeatedly analyzed, what remains a constant in education‐based Gramsci studies is the nearly universal minimization of this work for what it was, namely party work. For Gramsci, it would have been unthinkable to consider this work outside the framework of a revolutionary party. Yet, for contemporary educational scholars it seems unthinkable to consider Gramsci's work within the framework (...) of a revolutionary party. The goals of this article are to outline Gramsci's interrelated conceptualization of the roles of the revolutionary party; the nature of education within and by the revolutionary party; and the aims of party education. For considerations of space, I limit this analysis to Gramsci's pre‐prison praxis, the period of his active militancy in the PSI and the PCI. I conclude the article with what I consider to be lessons with continued relevance from Gramsci's praxis for the socio‐political economic context faced by today's radical educators. (shrink)

ABSTRACT The paper delves into the origins of the ancient Greek concept of melancholy. The purpose of the first part is to trace a precursor of melancholy back to Homer’s description of certain emotions which are congenial with rage (cholos), and which are associated with the colour black (melainos). Based on a systematic interpretation of these traces of melancholy in the earliest premedical history, the second part of the paper will shed new light on the broader and more dynamic way (...) in which part of the Hippocratic tradition conceptualized melancholy as being, not a fixed state bound to an already existing substance in the human body, but as originating from a series of transformations associated with constitutional and climatological factors. (shrink)

In his recent writings, Jürgen Habermas asks how the liberal constitutional principle of separation between church and state, religion and politics, should be understood. The problem, he holds, is that a liberal state guarantees equal freedom for religious communities to practise their faith, while at the same time shielding the political bodies that take collectively binding decisions from religious influences. This means that religious citizens are asked to justify their political statements independently of their religious views, resulting in a burden (...) that secular citizens do not experience. To compensate, Habermas demands from secular citizens that they open their minds to the possible truth content of religion, enter into dialog and contribute to the translation of religious reasons into generally acceptable reasons. This article focuses on Habermas’s assumption that religious citizens suffer an asymmetrical cognitive burden that should be compensated, and his claim that his approach to religion in the public sphere is less restrictive than that of John Rawls. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

The German philosopher Martin Heidegger’s seminal essay “Building, Dwelling, Thinking”, published in 1954, is one of the texts which has had most influence on architectural thinking in the second half of 20th and early 21st century. What much of modern and postmodern architectural thinking extracts from Heidegger’s text and revolves around is the understanding of building and dwelling as more or less abstract forms of being without taking into account the people inhabiting space. In these traditions little has been said (...) about what the Danish architect Jørn Utzon adds to the term “being” and announces as the most important aspect of architecture: Well-being understood as human well-being. The present paper means to re-interpret Heidegger’s text critically in order to rethink dwelling and building within an architectural context, presenting Jørn Utzon’s work and thinking as a lifelong search for the architecture of well-being. (shrink)

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law (...) sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues and judicial vices ; the values and dangers of certain imaginative devices ; and the interactive and social dimensions of virtue, emotion and imagination. (shrink)

Este articulo se sitúa en el punto de cruce entre spinozismo y feminismo. Retomando aspectos de la filosofia de Spinoza presentes en la lectura de Moira Gatens, se establecerá un entramado de conexiones entre las nociones de cuerpo y potencia, cuerpos e imaginarios, cuerpos sexuados y cuerpo politico, potencia y creación. The topic developed herein locates in the point where Spinozism and feminism cross over. Based on some aspects of Spinoza's thought as pointed out by Moira Gatens' reading, a lattice (...) of connections will be built based on the notion pairs: body and power, bodies and imageries, sexed bodies and political body, power and creation. (shrink)

In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis (...) of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making. (shrink)

The aim of this essay is to develop a coherence theory for the justification of evidentiary judgments in law. The main claim of the coherence theory proposed in this article is that a belief about the events being litigated is justified if and only if it is a belief that an epistemically responsible fact finder might hold by virtue of its coherence in like circumstances. The article argues that this coherentist approach to evidence and legal proof has the resources to (...) meet some of the main objections that may be addressed against attempts to analyze the justification of evidentiary judgments in law in coherentist terms. It concludes by exploring some implications of the proposed version of legal coherentism for a jurisprudence of evidence. (shrink)

The purpose of the paper is to study the interrelatedness of rationality, virtue, and practical wisdom in Aristotle’s Nicomachean Ethics by offering a critical interpretation of the bipartition of the soul presented in Chap. 13 of the first book. Aristotle relies on the partition of the soul into a rational and a non-rational part when he distinguishes between ethical and intellectual virtues. The paper will question the adequacy of these divisions and show that Aristotle himself casts doubt on them while (...) leaving open the possibility of understanding the soul in an alternative way which will prove to fit better with his own exposition of deliberate choice and the integration of virtuous action and practical wisdom. (shrink)

Según Manuel Atienza, la teoría de la argumentación jurídica se tiene que ocupar de responder tres preguntas: cómo analizar una argumentación, cómo evaluarla y cómo argumentar. Esta concepción de la teoría de la argumentación jurídica es, sin embargo, demasiado restrictiva. Además de proporcionar una respuesta adecuada a estas preguntas, una teoría de la argumentación jurídica debe ocuparse también de la cuestión de qué virtudes debe tener un juez para hacer buenas argumentaciones. La teoría de la argumentación jurídica está, por ello, (...) íntimamente vinculada con una teoría de la ética judicial. According to Manuel Atienza, a theory of legal reasoning should give an answer to the following three questions: how to analyze an argumentation, how to evaluate it, and how to argue. This conception of the theory of legal reasoning is, however, too restrictive. in addition to providing a sound answer to these questions, a theory of legal reasoning should also give us an answer to the question of which judicial virtues are necessary to make good arguments. A theory of legal reasoning is thus intimately linked to a theory of judicial ethics. (shrink)

ABSTRACTTaking its starting point in an ancient understanding of hospitality and guest friendship, the paper offers a philosophical interpretation of the ethical dimension of alliances. Entering in...