Volume 11, Issue 1, March 2020, Page 150-156.

Why should we care about religious liberty? Leading commentators, United Kingdom courts, and the European Court of Human Rights have de-emphasised the special importance of religious liberty. They frequently contend it falls within a more general concern for personal autonomy. In this liberal egalitarian account, religious liberty claims are often rejected when faced with competing individual interests – the neutral secular state must protect us against the liberty-constraining acts of religions. Joel Harrison challenges this account. He argues that (...) it is rooted in a theologically derived narrative of secularisation: rather than being neutral, it rests on a specific construction of 'secular' and 'religious' spheres. This challenge makes space for an alternative theological, political, and legal vision. Drawing from Christian thought, from St Augustine to John Milbank, Harrison develops a post-liberal focus on association. Religious liberty, he argues, facilitates creating communities seeking solidarity, fraternity, and charity – goals that are central to our common good. (shrink)

It certainly grabs one’s attention when a book’s criticism of Finnis is that he is too liberal on matters of religion. But that is not the only reason that jurisprudes should pay attention to Harri...

In the face of escalating Medicaid costs and anticipated reductions in federal Medicaid spending, states are increasingly converting from fee-for-service to managed health care systems. The interrelated issues of enrollment and auto-assignment are fundamental to the overall success or failure of Medicaid managed care programs. The purpose of this article is to suggest how policy makers, consumer advocates, and providers should address these issues. My major premise is that implementation of managed care will proceed more smoothly if states adopt enrollment (...) strategies that promote voluntary selection of health plans by Medicaid consumers, minimize the likelihood of auto-assignment, and mitigate the negative consequences of mandatory assignment of consumers to managed care organizations.States seeking to implement Medicaid managed care must apply for a waiver from the secretary of the Department of Health and Human Services. Two different types of waivers are available to implement Medicaid managed care. (shrink)

L'Analyse ontologique étudie l'humain et l'individu, étant à ce titre une anthropologie ; il se trouve qu'elle recoupe celle de Rousseau sur certains points précis. Cette coïncidence permettant en particulier une exploration du phénomène de la croyance, c'est sur elle que se fonde cette étude pour mettre en lumière le coût ontologique de la croyance aussi bien pour l'individu que pour l'humanité - le coût de Dieu - à travers le cas spécifique de Jean-Jacques Rousseau lui-même, à la fois philosophe (...) et Croyant. L'étude se structure en trois temps : I. Rousseau et la tentative philosophique envisage comment le philosophe Rousseau, après avoir récusé le Religieux dans ses Discours, fonde le Politique, par une éducation avec L'Émile et une institution avec le Contrat social...."--Page 4 of cover. (shrink)

I argue social and political freedom is not primarily about the absence of constraints, whether those constraints be in the form of interference or domination. Instead, social freedom is centrally about what makes us free. That is, the question of social freedom is first and foremost about determining the positive preconditions of being a free person within society. Social freedom is about what I call the social bases of freedom, or those features of our social world that we have a (...) reason to rely on in making plans or going about our business. (shrink)

With the notable exception of David Lewis, most of those writing on the Sleeping Beauty problem have argued that 1/3 is the correct answer. Terence Horgan has provided the clearest account of why, contrary to Lewis, Beauty has evidence against the proposition that the coin comes up heads when she awakens on Monday. In this paper, I argue that Horgan’s proposal fails because it neglects important facts about epistemic probability.

I have recently argued that origin essentialism regarding individual organisms entails that natural selection does not explain why individual organisms have the traits that they do. This paper defends this and related theses against Mohan Matthen's recent objections.

This volume brings together a collection of essays that explore in a new way how unacknowledged moral concerns are integral to debates in the philosophy of mind.The radical suggestion of the book is that we can make sense of the internal dynamics and cultural significance of these debates only when we understand the moral forces that shape them. Drawing inspiration from a variety of traditions including Wittgenstein, Lacan, phenomenology and analytic philosophy, the authors address a wide range of topics including (...) the mind/body-problem, the problem of other minds, subjectivity and objectivity, the debates on mindreading, naturalism, reductive physicalism, representationalism and the ‘E-turn’; Dennett’s heterophenomenology, McDowell’s neo-Kantianism, Wittgenstein’s ‘private language’ considerations and his notion of an ‘attitude towards a soul’; repression, love, conscience, the difficulties of self-understanding, and the methods and aims of philosophy. Through a combination of detailed, immanent criticism and bold constructive work, the authors move the discussion to a new level, beyond humanistic or conservative critiques of naturalism and scientism. (shrink)

Between the 1930s and the mid 1970s, it was commonly believed that in 1880 Karl Marx had proposed to dedicate to Charles Darwin a volume or translation of Capital but that Darwin had refused. The detail was often interpreted by scholars as having larger significance for the question of the relationship between Darwinian evolutionary biology and Marxist political economy. In 1973–4, two scholars working independently—Lewis Feuer, professor of sociology at Toronto, and Margaret Fay, a graduate student at Berkeley—determined simultaneously that (...) the traditional story of the proposed dedication was untrue, being based on a long-standing misinterpretation of the relevant correspondence. Between the two, and among several other scholars who became their respective allies, there developed a contest of authority and priority over the discovery. From 1975 to 1982, the controversy generated a considerable volume of spilled ink in both scholarly and popular publications. Drawing on previously unexamined archival resources, this article revisits the ‘case’ of the so-called ‘Darwin–Marx correspondence’ as an instance of the phenomenon of ‘multiple discovery’. A familiar occurrence in the natural sciences, multiple discovery is rarer in the humanities and social sciences. The present case of a priority dispute in the history of ideas followed patterns familiar from such disputes in the natural sciences, while also diverging from them in ways that shed light on the significance of disciplinary norms and research infrastructures. (shrink)

In recent years, scholars have argued that democratic provenance of law establishes moral requirements to obey it. We argue against this view, claiming that, rather than establishing moral requirements to obey the law, democratic provenance grounds only requirements to respect it. Establishing what we view as this more plausible account makes clear not only exactly what democracy itself contributes to requirements to obey the law but also important difficulties proponents of democratic authority must overcome in order successfully to make their (...) case. To establish our claims, we focus on Thomas Christiano’s book, The Constitution of Equality, and a recent article by Daniel Viehoff. (shrink)

Moderate rationalism is the view a person's having a rational intuition that p prima facie justifies them in believing that p. It has recently been argued that moderate rationalism requires empirical support and, furthermore, that suitable empirical support would suffice to convince empiricists to abandon their opposition to rationalism. According to one argument, the causal requirement argument, empirical evidence is necessary in order to justify the claim that any actual token belief is based on rational intuition and moderate rationalism requires (...) such a claim for its justification. According to a second argument, the reliability argument, empirical evidence is necessary in order to justify the claim that a putative source of evidence is reliable and moderate rationalism requires such a claim for its justification. According to a third argument, the empirical case argument, certain sorts of empirical evidence would be dialectically sufficient to resolve the traditional dispute between empiricists and rationalists in the rationalists' favor. Against the causal requirement argument, I maintain that the core doctrines of moderate rationalism are not hostage to causal claims and that such causal claims as may be plausibly part of other recognizably rationalist doctrines can be justified on broadly non-empirical grounds. Against the reliability argument, I show that no empirical evidence is required to justify belief in the reliability of rational intuition. Against the empirical case argument, I argue that the envisioned empirical support for moderate rationalism should not convince any traditional empiricist. (shrink)

After drug and weapon trafficking, trafficking of women is one of the most lucrative businesses in the world. According to sociologists César Rey Hernández and Luisa Hernández Angueira in People Trafficking in Puerto Rico: The Challenge of Invisibility (2010), fifty percent of the victims are women and minors. This translates to 2.7 million women and girls that are enslaved in this inhuman business. Puerto Rico is no exception. One of its main problems is the slavery of Dominican women who, in (...) search of a better life in Puerto Rico, are lured to illegally migrate to the island for better opportunities. However, once in the new territory, they are imprisoned and forced to become prostitutes. In addition, femicide is another world-wide pressing issue. The World Health Organization (WHO) affirms that violence against women, between fifteen and forty-four years of age, is the leading cause of death, more than cancer, malaria, car accidents and war combined, and the report ‘A Gendered Analysis of Violent Death’, compiled by Small Arms Survey Center, fourteen out of twenty-five countries with the highest rates of femicide in the world are in Latin America and the Caribbean. This essay focuses on Life is a Sexually Transmittable Disease (2014) by Wilfredo Mattos Cintron. In this novel, the enslaved-immigrant girls and women constitute an ‘injured body’, a body that is merely diminished. The third-world prostitute’s body is the material side of male-controlled dominance, subjugation and violence. Mattos Cintron’s text denounces the ‘suffering body of women’—rape, kidnapping, beating, femicide, their exclusion from human rights and sexual relegation. Moreover, along with patriarchy’s power and the socioeconomic variables as responsible agents of creating the injured body, globalization and capitalism objectify and make women’s bodies currency of the system. (shrink)

An oracle A is low-for-speed if it is unable to speed up the computation of a set which is already computable: if a decidable language can be decided in time $t(n)$ using A as an oracle, then it can be decided without an oracle in time $p(t(n))$ for some polynomial p. The existence of a set which is low-for-speed was first shown by Bayer and Slaman who constructed a non-computable computably enumerable set which is low-for-speed. In this paper we answer (...) a question previously raised by Bienvenu and Downey, who asked whether there is a minimal degree which is low-for-speed. The standard method of constructing a set of minimal degree via forcing is incompatible with making the set low-for-speed; but we are able to use an interesting new combination of forcing and full approximation to construct a set which is both of minimal degree and low-for-speed. (shrink)

A prominent position in the scholarly literature is that there is no duty to obey the law or political obligation. This is in contrast with lay opinion, which suggests widespread acceptance of political obligation. When confronted with this tension, skeptics of political obligation sometimes raise the possibility that lay belief is the product of sinister interests. Against this, I argue that, even if such a belief is false, belief in political obligation may operate as a useful fiction that advances people’s (...) interests. Drawing on empirical work in the social sciences, I suggest a belief in political obligation may contribute to effective governance. Even if political obligation skeptics are correct that there is no such duty to obey the law, lay belief in political obligation may play a valuable ideological function in society. (shrink)

Taiwan is a liminal site of modernity in Asia. It is a modern exemplar as a liberal democracy with a developed economy, but is mostly unrecognized as a nation-state in the international system. In its liminality, however, it traces contours of modern power and their epistemological expression. This paper presents an account of Taiwan as an object of knowledge and representation in instances of scholarship and policy, Taiwanese politics, urban development and art, arguing that the narratives through which Taiwan is (...) understood embed a lived experience as Taiwanese under forms of epistemological domination. The paper then explores Taiwanese responses of co-option and resistance in alternative sites of knowledge, and it concludes that the critical unexamined force in Taiwan’s experience of modernity is violence. (shrink)

The long-standing enigma of I.G. i. 115 has been brought into the lime-light once more by two recent articles, ‘The Law Codes of Athens’ by Sterling Dow in Proc. Massachusetts Hist. Soc., vol. lxxi and by E. Ruschenbusch in Historia, ix, Heft 2 . This enigma has many facets, but I only wish to deal here with one. It concerns the precise nature and purpose of the inscription and, in particular, the significance of the words l. 10. The preamble to (...) the decree is quite specific. (shrink)

It has been argued that a successful counterexample to the principle of alternative possibilities must rule out any possibility of the agent making an alternative decision right up to the moment of choice. This paper challenges that assumption. Distinguishing between an ability and an opportunity, this paper presents a Frankfurt-style case in which there is an alternative possibility, but one it is highly improbable that the agent will access. In such a case the agent has only the opportunity, not the (...) ability to do otherwise. (shrink)

Excerpt from John Stuart Mill Not only is the language of the Liberty somewhat vague in defining the respective limits of 'persuasion and 'coer cion, ' but the practical illustrations of lawful restrictions by the State seem at times hardly consistent with so abso lute a doctrine. It is somewhat startling, after such tren chant assertion of the absolute freedom of the individual. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com (...) This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

Richard Penny argues that Rawls’s commitment to self-respect puts him at odds with his endorsement of unequalizing incentives. Penny draws on G.A. Cohen’s distinction between ‘lax’ and ‘strict’ readings of the difference principle to make this point. Given this, Penny concludes that Rawls faces a dilemma: either Rawls weakens his endorsement of unequalizing incentives or weakens his commitment to self-respect. By taking the difference principle in isolation, Penny creates a false dilemma. I will argue that once we place the difference (...) principle in the context of Rawls’s theory as a whole, we find that unequalizing incentives pose no danger to the self-respect of the least advantaged. Moreover, I will argue that a strict reading of the difference principle is incompatible with the self-respect of all citizens in a well-ordered society given the fact of reasonable pluralism. My arguments reveal the importance of seeing self-respect as a threshold good, rather than a relative one. (shrink)

Le 14e siècle est une période où les débats sur l'infini se multiplient. Les mêmes doctrines se trouvent indifféremment développées dans les oeuvres théologiques, dans les commentaires sur la "Physique" d'Aristote voire dans des traités spécialement dévolus à la question du continu. Cet ouvrage révèle la place de ces doctrines dans la logique, les mathématiques, la philosophie naturelle.