Traditionally, civil law jurisdictions in Scandinavia and the continent of Europe have not been willing to acknowledge the appropriateness of extending bankruptcy relief to consumer debtors and discharging any part of their debts. The opposition was based on the importance of upholding the sanctity of contractual obligations: pacta sunt servanda. This attitude stood in contrast to the fresh start philosophy of US bankruptcy law, which embraced a more forgiving attitude, focusing on the reintegration of the insolvent debtor into society, substantially (...) free of debt, after he has filed for bankruptcy and surrendered his non-exempt property for distribution among his creditors. The relaxation of credit controls and the rapid increase in the number of insolvent debtors in the late 1980s and early 1990s has forced many continental jurisdictions to reconsider their traditional opposition. They have since adopted debt adjustment plans providing various forms of debt relief to overcommitted debtors but only a substantial number of years after the initial proceedings. The American reaction has gone in the opposite direction. With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States has reversed its century old liberal fresh start tradition. The 2005 Act imposes a formidable means test as well as other preconditions to determine whether a debtor has sufficient discretionary income to pay off twenty percent of his or her unsecured debts under a Chapter 13 plan. If the answer is yes, the debtor is denied the right to file a bankruptcy petition under Chapter 7 of the Bankruptcy Code. This paper asks whether these developments on opposite sides of the Atlantic suggest that facts on the ground are more important than dogma and deeply entrenched beliefs. The author’s answer is that while there is certainly a trend towards convergence between continental European and US approaches to consumer insolvency, it is much too soon to speak of a common culture and a common approach. He notes, however, that Commonwealth jurisdictions have long adopted a means test to determine a debtor’s eligibility for discharge from debt and suggests that continental scholars would have done better to study the Commonwealth experience as embodying a suitable compromise than to flirt with the US fresh start philosophy, only to reject it as too alien to the continental moral sense. (shrink)

We suggest that the hierarchical predictive processing account detailed by Clark can be usefully integrated with narrative psychology by situating personal narratives at the top of an individual's knowledge hierarchy. Narrative representations function as high-level generative models that direct our attention and structure our expectations about unfolding events. Implications for integrating scientific and humanistic views of human experience are discussed.

Robustness is a common platitude: hypotheses are better supported with evidence generated by multiple techniques that rely on different background assumptions. Robustness has been put to numerous epistemic tasks, including the demarcation of artifacts from real entities, countering the “experimenter’s regress,” and resolving evidential discordance. Despite the frequency of appeals to robustness, the notion itself has received scant critique. Arguments based on robustness can give incorrect conclusions. More worrying is that although robustness may be valuable in ideal evidential circumstances (i.e., (...) when evidence is concordant), often when a variety of evidence is available from multiple techniques, the evidence is discordant. †To contact the author, please write to: Jacob Stegenga, Department of Philosophy, University of California, San Diego, 9500 Gilman Drive, La Jolla, CA 92093; e‐mail: [email protected]. (shrink)

This volume is a study of the relationship between philosophy and faith in Søren Kierkegaard's Philosophical Fragments. It is also the first book to examine the role of Socrates in this body of writings, illuminating the significance of Socrates for Kierkegaard's thought. Jacob Howland argues that in the Fragments, philosophy and faith are closely related passions. A careful examination of the role of Socrates demonstrates that Socratic, philosophical eros opens up a path to faith. At the same time, the (...) work of faith - which holds the self together with that which transcends it - is essentially erotic in the Socratic sense of the term. Chapters on Kierkegaard's Johannes Climacus and on Plato's Apology shed light on the Socratic character of the pseudonymous author of the Fragments and the role of 'the god' in Socrates' pursuit of wisdom. Howland also analyzes the Concluding Unscientific Postscript and Kierkegaard's reflections on Socrates and Christ. (shrink)

In a paper published in Psychological Review, Tyler Burge has offered a unified non-mentalistic account of a wide range of social cognitive developmental findings. His proposal is that far from attributing mental states, young children attribute to humans the same kind of internal generic states of sensory registration that biologists attribute to e.g. snails and ticks. Burge’s proposal deserves close attention: it is especially challenging because it departs from both the mentalistic and all the non-mentalistic accounts of the data so (...) far. Moreover Burge has been one of the leading philosophers of mind of the past 40 years and some of his writings on the objectivity of perception display a deep understanding of the relevance of science for sharpening our understanding of the mind. After taking a close look at the developmental evidence, in particular at false-belief studies, I argue that Burge’s, 409–434, 2018) account faces severe obstacles. To give one telling example: if young children can only attribute to others sensory registrations, then it is hard to explain the evidence showing that they respond differently to an agent’s ignorance and to her false belief. (shrink)

The National Academy of Science's 1956 study on the Biological Effects of Atomic Radiation was designed to provide an objective analysis to assess conflicting statements by leading geneticists and by officials in the Atomic Energy Commission. Largely because of its status as a detached, non-governmental evaluation by eminent scientists, no studies have had a broader impact on the development of biological thinking in regard to nuclear policies. This paper demonstrates that despite the first BEAR study's reputation as an objective and (...) independent study, it was the product of careful negotiation between Academy scientists, the Atomic Energy Commission, and Britain's Medical Research Council. This paper also reveals the fragility of the consensus that produced the Academy's report, the range of political uses of the report, and the subsequent disaffection of the scientists who took part in it. (shrink)

In his transcendental approach, Cassirer argues that an objective world is not given and then simply copied by our cognitive faculties; rather, it is gained through the development of symbolic thought and perception. According to Cassirer, language plays a crucial role in this process of objectification. In this paper, the close relationship between language and symbolism in Cassirer’s philosophy will be delineated. This will also shed light on possible distinctions between human speech and animal communication. Furthermore, the relation of language (...) to the different functions of consciousness and to the symbolic forms of myth and science will be addressed. Finally, based on the former considerations of language and objectification, Cassirer’s conceptions of reality and truth will be explicated and critically evaluated. It will be argued that his approach offers several interesting and promising insights but is nonetheless in danger of falling short in explaining the difference between artefacts and natural kinds. (shrink)

Several hypotheses on the form and function of sex differences in social behaviors were tested. The results suggest that friendship preferences in both sexes can be understood in terms of perceived reciprocity potential—capacity and willingness to engage in a mutually beneficial relationship. Divergent social styles may in turn reflect trade-offs between behaviors selected to maintain large, functional coalitions in men and intimate, secure relationships in women. The findings are interpreted from a broad socio-relational framework of the types of behaviors that (...) facilitate selective advertisement and investment of reciprocity potential across individuals and within groups of men and women. (shrink)

Non-cognitive gadgets are fancy tools shaped to meet specific, local needs. Cecilia Heyes defines cognitive gadgets as dedicated psychological mechanisms created through social interactions and culturally, not genetically, inherited by humans. She has boldly proposed that many human cognitive mechanisms are gadgets. If true, these claims would have far-reaching implications for our scientific understanding of human social cognition. Here we assess Heyes’s cognitive gadget approach as it applies to mindreading. We do not think that the evidence supports Heyes’s thought-provoking thesis (...) that human children are taught to read minds the way they are taught to read words. We highlight a potential circularity lurking behind this analogy, and we explain why we are unpersuaded by Heyes’s anti-mentalistic proposal for handling data inconsistent with the gadget view, which others take to be evidence for mindreading in human infancy. We conclude that while human minds may well be filled with gadgets, mindreading is unlikely to be one of them. (shrink)

"Jacob Howland's book is an engaging, readable, and extremely suggestive addition to the literature on Plato's magnum opus." --Ancient Philosophy.

An examination of the idealized image of Rome before 146b.c.constructed in theJugurtha reveals that despite the narrator's own stated opinions, his depiction of it is perverse and unhistorical. The narrator's value judgements are unappealing, his archaizing affected, his history plainly wrong: these are serious interpretative problems. Is this an attempt, as in the dialogues of Cicero, to re-educate the moral intuitions of his day by means of a fictitious past? Perhaps; but narratological analysis of the relevant sections suggests another solution, (...) an extrapolation to the narratorial persona of the technique of ironic subversion used in the speeches. The key to understanding the depiction of Rome before 146 lies in the identification of political and historical discourse and the consequent extension to the latter of the factionalization characteristic of the former. The problematic aspects of the depiction of Rome before 146 empower the reader to articulate a critique of faction; the text needs to be surmounted to be understood. (shrink)

The New Religions was the first full-scale study of alternative spirituality in America. It remains unparalleled for the intellectual depth and seriousness with which it regards Eastern, New Age, and alternative faiths on the American landscape. Needleman’s writing and reportage are unfailingly thoughtful and incisive as he illuminates topics that other scholars failed to consider or could not fully grasp.

What is the antidote to romantic love that all too often exhausts itself over night? This work suggests love can be a reflection of our spiritual being. It states that by the time we are living together something beyond passion is required something intentional and conscious is needed.

Do ubiquitous modes of thought (types of analysis, types of argumentation) pervade the entire corpus of the Rabbinic writings of late antiquity and impart coherence to those diverse documents? Here are the results of a systematic probe of representative Halakhic and Aggadic documents in search of the answer to that question. The result is limited but one-sided: the answer is yes, they do. The inquiry proves urgent, because the bases for supposing the Rabbinic documents coalesce have diminished, and the differences (...) between and among the respective documents have made their mark. The book asks whether, however diverse, all of the documents conform to a single, determinate program of [1] analysis and [2] argumentation. Do they raise in common a set of questions that are ubiquitous, and do they pursue a uniform inquiry, whatever the data subject to study? Further, does a single protocol of argumentation dictate the means by which analytical propositions are advanced and tested? If they do, then Rabbinic Judaism finds coherence in shared intellectual traits. These, then, would serve to define the foundations for the construction of all components into the Rabbinic system and structure. (shrink)

This unparalleled reference work offers general readers as well as scholars clearly written introductions to over seven hundred of the main religious and philosophical writings of Greco-Roman paganism, early Judaism, and formative Christianity from the period of Alexander the Great to Mohammed.

Handbook entry on "Synthesis," surveying the roles played by synthesis in Husserl, important precursors in the history of philosophy, and the legacy of the term in Heidegger and Merleau-Ponty.

Theories on empathy have argued that feeling empathy for others is related to accurate recognition of their emotions. Previous research that tested this assumption, however, has reported inconsiste...

Scholarly convention holds that logos and muthos are in Plato’s mind fundamentally opposed, the former being the medium of philosophy and the latter of poetry. I argue that muthos in the broad sense of story or narrative in fact plays an indispensable philosophical role in the Republic. In particular, any account of the nature and power of justice and injustice must begin with powers of the soul that can come to light only through the telling and interpretation of stories. This (...) is implicit in Glaucon’s Gygean tale. Read in connection with the earlier tale of Gyges in Herodotus, Glaucon’s muthos shows itself to be a story about storytelling and interpretation, knowledge of self and others, and the discovery of the roots of justice and injustice. (shrink)

In his ‘On a Supposed Right to Lie from Philanthropy’ Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigorous that they become abhorrent (...) in practice. The second group, Kant's defenders, argues that Kant's conclusions in SRL do not follow from his own ethical principles. The third group, made up of scholars who are generally sympathetic to Kant's position, attempts to explain why a liar is responsible for all the bad consequences that follow from his act by providing an account of Kant's theory of imputation. (shrink)

The ongoing COVID-19 pandemic has taken a significant toll on mental health; people around the world are experiencing high levels of stress and deteriorated wellbeing. The past research shows that positive emotions can help people cultivate a resilient mindset; however, the reality created by the global crisis itself limits the opportunities for experiencing positive emotions. Thus, it is unclear to what extent their effect is strong enough to counter the psychological impact of the current pandemic. Here, the author reports the (...) findings of a survey conducted across two large representative samples in the United Kingdom and the United States during the first wave of the COVID-19 pandemic. A linear regression model revealed that the presence of positive emotions is strongly linked with resilience, in particular for individuals experiencing more negative emotions. These results show that positive emotions are particularly important to mental health in the context of high stress, reflected by increased levels of negative emotional experiences. These results are also consistent with the existential positive psychology perspective, which posits that even negative emotions can contribute to wellbeing once they are transformed. The author discusses the potential of positive emotions to transform suffering and thereby ameliorate the negative impact of the present collective crisis. (shrink)

In engaging five of Plato's dialogues—Theaetetus, Euthyphro, Cratylus, Sophist, and Statesman—and by paying particular attention to Socrates' intellectual defense in the "philosophic trial" by the Stranger from Elea, Jacob Howland illuminates Plato's understanding of the proper relationship between philosophy and politics. This insightful and innovative study illustrates the Plato's understanding of the difference between sophistry and philosophy, and it identifies the innate contradictions of political philosophy that Plato observed and remain entrenched within the field to this day. This is (...) essential reading for anyone interested in the past, present, and future of political philosophy. (shrink)

Qu'est-ce que penser? Qu'est-ce que la pensée? À quelles conditions un être est-il conscient? Une douleur, une expérience olfactive, une perception visuelle, une intention, une croyance et un remords ont-ils une nature mentale commune? Si oui, la science peut-elle la découvrir? Le concept d'intentionnalité a été introduit en philosophie afin de clarifier le contenu de ces questions. Il désigne la capacité de viser mentalement des objets et de se représenter mentalement des états de choses. Ce livre analyse les problèmes soulevés (...) par l'introduction du concept d'intentionnalité dans la philosophie contemporaine. Il montre d'abord comment la philosophie du langage du XXe siècle a tenté de résoudre les énigmes logiques et ontologiques engendrées par la définition de l'intentionnalité. Il montre ensuite que la question centrale de la philosophie de l'esprit du XXe siècle a été de savoir si l'intentionnalité est la caractéristique distinctive des phénomènes mentaux : de tous les phénomènes mentaux et d'eux seuls. Remerciements Introduction Chapitre premier. L'ordre mental cartésien Chapitre 2. L'héritage ontologique de Brentano Chapitre 3. La logique et le défi des objets inexistants Chapitre 4. La référence directe Chapitre 5. L'intensionnalité est-elle un critère de l'intentionnalité? Chapitre 6. Les variétés de l'intentionnalité Chapitre 7. L'intentionnalité est-elle la propriété exclusive des phénomènes mentaux? Chapitre 8. Peut-on naturaliser l'intentionnalité? Chapitre 9. À quoi sert l'intentionnalité? Chapitre 10. Tous les phénomènes mentaux possèdent-ilsl'intentionnalité? Conclusion Bibliographie Index. (shrink)

Although it often chafed at scientists' wishes to promote international cooperation, the U.S. Navy was a great supporter of such initiatives during the 1950s. This essay examines the impetus for the Navy's alliance with scientists to bolster its antisubmarine capabilities, the reasons for its acceptance of international cooperation as a means to ensure its technological capabilities during a general war, and the source of its clashes with scientists over the issue of classification. Using diverse sources, including the records of the (...) Navy's Strategic Plans Division, the essay illustrates that, despite the confluence of interests between the Navy and oceanographers, there was a decisive difference in their views as to the ultimate utility of basic research. This difference stemmed largely from scientists' limited perception of science as the capital for new technology and the Navy's perception of science as the collection of operational data for existing technology. This essay, which takes the Navy's views more fully into account, brings to light an issue that should be an important component of any analysis of scientists working with the military. (shrink)