Does the increasing politicization of ethnic and racial diversity of Western societies threaten to undermine the welfare state? This volume is the first systematic attempt to explore this linkage between "the politics of recognition" and "the politics of redistribution".

Concerned with the nature of the human body, the nature of the human mind, and how the body and mind interact. This investigation into what is, then, the nature of man himself is one of the most crucial philosophical questions and is preliminary to the broader investigations of logic, metaphysics and epistemology.

This chapter contains section titled: Sensitivity Accounts — Direct and Indirect The Attack by Counterexample on Sensitivity Accounts — And Why SCA Seems on the Right Track Nonetheless Sosa's Safety Account Sosa's Account as a Sensitivity Account — and His Counterexamples Safety and the Problem of True/True Subjunctives Other Formulations of Safety Safety and Strength of Epistemic Position Contextualist Solutions to Skepticism Intuitive Complexity: Do We Know that We're Not Brains in Vats?

I have three aims in this essay. I want to offer an example of an interdisciplinary historical inquiry combining literary criticism with the relatively new field of critical legal studies. I intend to use this historical inquiry to argue that the ambiguity of literary texts might better be understood in terms of an era’s social contradictions rather than in terms of the inherent qualities of literary language or rhetoric and, conversely, that a text’s ambiguity can help us expose the contradictions (...) masked by an era’s dominant ideology. I try to prove my assertion by applying my method to Herman Melville’s three most famous short works—“Benito Cereno,” “Bartleby, the Scrivener,” and Bill Budd, Sailor—works dealing with the law and lawyers and widely acknowledged as ambiguous.1 I will base my critical inquiry into these stories on Melville’s relationship with his father-in-law, Lemuel Shaw, who, while sitting as the chief justice of the Supreme Judicial Court of Massachusetts from 1830 to 1860, wrote some of the most important opinions in what Roscoe Pound has called “the formative era of American law.”2Before I get started, I should clarify what this study does not entail. By using Shaw and his legal decisions in conjunction with Melville’s fiction, I am not conducting a positivistic influence study. My method will not depend on the positivist assumption that Shaw’s legal opinions can be used to illuminate Melville’s texts only when his direct knowledge of Shaw’s opinions can be proved. Nor will I limit myself to a traditional psychoanalytic reading: my emphasis is on political and social issues, and too often these issues are deflected by translating them into psychological ones. At the same time, I recognize that critics concerned with political and social issues too often neglect questions raised by a writer’s individual situation. I compare Shaw to Melville not to reduce Melville’s politics to psychology but to prevent a political study from neglecting the political implications of psychology, to remind us—as the title of Fredric Jameson’s book The Political Unconscious reminds us—that psychological questions always have political implications. 1. See Herman Melville, “Benito Cereno,” “Bartleby,” and Billy Budd, Sailor, “Billy Budd, Sailor” and Other Stories, ed. Harold Beaver ; all further references to these works will be included in the text.2. See Roscoe Pound, The Formative Era of American Law . For discussions of Melville and Lemuel Shaw, see Charles Roberts Anderson, Melville in the South Seas, Columbia University Studies in English and Comparative Literature, no. 138 , pp. 432-33; Charles H. Foster, “Something in Emblems: A Reinterpretation of Moby-Dick,” New England Quarterly 34 : 3-35; Robert L. Gale, “Bartleby—Melville’s Father-in-Law,” Annali sezione Germanica, Istituto Universitario Orientale di Napoli 5 : 57-72; Keith Huntress, “ ‘Guinea” of White-Jacket and Chief Justice Shaw,” American Literature 43 : 639-41; Carolyn L. Karcher, Shadow over the Promised Land: Slavery, Race and Violence in Melville’s America , pp. 9-11 and 40; John Stark, “Melville, Lemuel Shaw, and ‘Bartleby,’ “ in Bartleby, the Inscrutable: A Collection of Comentary on Herman Melville’s Tale “Bartleby the Scrivener,” ed. M. Thomas Inge , all further references to this work, abbreviated JA, will be included in the text. Brook Thomas teaches English and American literature at the University of Hawaii, Manoa. He is the author of James Joyce’s “Ulysses”: A Book of Many Happy Returns and is at work on a study of the relations between law and literature in antebellum America. (shrink)

The three main kinds of theory in normative ethics, namely, consequentialism, deontology, and virtue ethics, are often presented as the ‘palette’ from which we may choose, or use as a starting point for an investigation. However, this way of doing ethics and philosophy, by the palette, may be leading some of us astray. It has led some to believe that all that there is to ethics, and to ethics of AI, is given in terms of these already devised petrified categories (...) of theory. It has also led others to abandon normative ethics and philosophy altogether and to resort to descriptive methods that are then used to justify action. I wish to argue that (1) we should not abandon traditional philosophical approaches, but (2a) this does not entail that the petrified palette should constitute the beginning of our philosophical investigations. Further, (2b) I recommend a non-methodological approach in which it is instead radical questions that spur these investigations, which arise through consideration of the practical actions (potential or otherwise) of machines and their programmers. (shrink)

The notion of simulation in dreaming of threat recognition and avoidance faces difficulties deriving from (1) some typical characteristics of dream artifacts (some “surreal,” some not) and (2) metaphysical issues involving the need for some representation in the theory of a perspective subject making use of the artifact. [Hobson et al.; Revonsuo].

Algorithm Decision Making (ADM) systems designed to augment or automate human decision-making have the potential to produce better decisions while also freeing up human time and attention for other pursuits. For this potential to be realised, however, algorithmic decisions must be sufficiently aligned with human goals and interests. We take a Principal-Agent (P-A) approach to the questions of ADM alignment and trust. In a broad sense, ADM is beneficial if and only if human principals can trust algorithmic agents to act (...) faithfully on their behalf. This mirrors the challenge of facilitating P-A relationships among humans, but the peculiar nature of human-machine interaction also raises unique issues. The problem of asymmetric information is omnipresent but takes a different form in the context of ADM. Although the decision-making machinery of an algorithmic agent can in principle be laid bare for all to see, the sheer complexity of ADM systems based on deep learning models prevents straightforward monitoring. We draw on literature from economics and political science to argue that the problem of trust in ADM systems should be addressed at the level of institutions. Although the dyadic relationship between human principals and algorithmic agents is our ultimate concern, cooperation at this level must rest against an institutional environment which allows humans to effectively evaluate and choose among algorithmic alternatives. (shrink)

Some critiques of cybermedicine claim that it is problematic because it fails to create physician–patient relationships. But, electronically mediated encounters do create such relationships. The issue is the nature and quality of those relationships and whether they are conducive to good patient care and meet the ethical ideals and standards of medicine. In this paper, I argue that effective communication and compassion are, in most cases, necessary for the establishment of trusting and morally appropriate physician–patient relationships. The creation of these (...) relationships requires patients and physicians to take psychological and emotional risks and to make commitments to each other. The problem is that by altering the form and content of verbal and non-verbal behaviors and by limiting the kinds of interactions that can take place, cybermedicine makes risk-free interactions easier and more commonplace and retards the development of physician compassion and patient trust. In doing so, cybermedicine encourages morally inappropriate physician–patient relationships. I argue that Merleau-Ponty''s notion of embodiment and Kierkegaard''s criticisms of disinterested reflection help us to understand how cybermedicine can undermine patient health and well being and why it should be seen as a possible threat to the moral integrity of physician–patient relationships. (shrink)

The claim is that some collective entities can be thought of as part of the moral realm by virtue of their status as objects of moral concern. Collectivities are defined in terms of irreducibly corporate action and distinctive conditions of persisting identity. Their lack of sentience does not preclude moral concern, and their raison d'être may render moral concern for them appropriate. Recent attempts by Pettit, McMahon, and Broome to limit the moral realm to individuals are considered. They are rebutted (...) on the grounds that they rest heavily on pre-existing moral intuitions; they ascribe a stronger thesis than is necessary to the sponsors of the moral significance of non-individuals; and they wrongly assume that what has value for individuals must have value because it has value for individuals. Collectivities can have moral importance even if they lack the intrinsic moral importance attaching to human beings, and substantial consequences follow from that fact. In particular, routine appeals to the distinctness of persons become more problematic when collectivities, themselves composed entirely of persons, have independent moral significance which needs to be taken into account. That will affect both assessment of moral consequences and the process of moral decision-making. (shrink)

In light of the complexity of some important matters, the best epistemic strategy for laypersons is often to rely heavily on the judgments of subject matter experts. However, given the contentiousness of some issues and the existence of fake experts, determining who to trust from the lay perspective is no simple matter. One proposed approach is for laypersons to attend to displays of intellectual virtue as indicators of expertise. I argue that this strategy is likely to fail, as non-experts often (...) display apparent intellectual virtues while legitimate experts often display apparent intellectual vices. Then, I argue that this challenge is difficult to overcome, as experts who attempt to better exhibit apparent intellectual virtues would likely compromise their own reliability in the process. Finally, I discuss two conclusions—one more optimistic and one more pessimistic—that one might draw concerning the role of intellectual virtue in the identification of experts. (shrink)

This essay shows that truth cannot be divorced from human experience and an individual’s world view, his or her weltanschauung. There exist different weltanschauungen that favour alternative truths. Thus, loosely speaking, truth is determined by context. It may be socially acceptable to prefer one among the alternative truths as truly true, but this goal necessarily involves taking an ideological perspective on what is perceived and accepted as the sole truth. In other words, it is prejudiced. The truth value assigned to (...) the proposition God exists starkly illustrates this claim, but in the course of this essay I demonstrate that alternative truths are widespread and that conflicting truths can co-exist within a community even when they create dissension. A hegemonic group will assert a preference for one truth over its alternatives, but that does not eliminate the existence of alternative truths. Alternative weltanschauungen need to be managed somehow, and the recognition that alternative truths exist is one step in their management. (shrink)

A philosopher, rabbi, religious historian, and Gnostic, Jacob Taubes was for many years a correspondent and interlocutor of Carl Schmitt, a German jurist, philosopher, political theorist, law professor -- and self-professed Nazi. Despite their unlikely association, Taubes and Schmitt shared an abiding interest in the fundamental problems of political theology, believing the great challenges of modern political theory were ancient in pedigree and, in many cases, anticipated the works of Judeo-Christian eschatologists. In this collection of Taubes's writings on Schmitt, the (...) two intellectuals work through ideas of the apocalypse and other central concepts of political theology. Taubes acknowledges Schmitt's reservations about the weakness of liberal democracy yet distances himself from his prescription to rectify it, arguing the apocalyptic worldview requires less of a rigid hierarchical social ordering than a community committed to the importance of decision making. In these writings, a sharper and more nuanced portrait of Schmitt's thought emerges, as well as a more complicated understanding of Taubes, who has shaped the work of Giorgio Agamben, Peter Sloterdijk, and other major twentieth-century theorists. (shrink)

Brian Barry attacks the `resource account' of power providing a set of definitions through which power should be analysed. While there might be different, equally good, ways of defining power, I argue that the formulations provided by Dowding are superior to those of Barry as they produce fewer anomalies and provide a better foundation for empirical research. The article defends the resource account against Barry's criticisms and argues for the utility of the ideas of luck and `systematic luck'. Key Words: (...) power • luck • systematic luck • resources • Barry • Dowding • Harsanyi • capitalists. (shrink)

The status of life in nature is the modern problem of philosophy and of science. A.N. Whitehead, Modes of Thought, 1938.

Spirituality and storytelling can be resources in aging successfully and in dying well given the constraints of modern day Western culture. This paper explores the relationship of aging to time and the dynamic process of the life course and discusses issues related to confronting mortality, including suffering, finitude, spirituality, and spiritual closure in regard to death. And, finally, the role of narrative in this process is taken up.

Nicholas Saunders claims that, in my view, divine action requires and is confined to indeterminacies at the quantum level. I try to make clear that, in speaking of “gaps” in physical causality, I mean that the existence of intentions entails that determining law explanations alone cannot give a complete account of the natural world. By “indeterminacy” I mean a general (not quantum) lack of determining causality in the physical order. Construing physical causality in terms of dispositional properties variously realized in (...) more or less creative ways in different contexts may be most helpful in developing an account of divine action. (shrink)

The attempt to arrive at some consensus on precisely what qualifies a human as a person represents one of the more persistently debated and widely significant issues in modern biomedical ethics. The attribution of personhood has been and continues to be a powerful tool in moral discourse. Biomedical and bioethical debates about personhood seem especially morally significant in late modernity given the recent trends in biomedical technology. Our attempts to formally articulate universally agreed upon criteria for personhood represent some of (...) the last vestiges of the hope that we can achieve substantial moral agreement in an otherwise morally fragmented world. In this essay, we argue that, from the perspective of certain strands of the Christian tradition, all bioethics grounded in attempts to develop formal, objective criteria by which we may designate a given individual a person are misguided. Criteria centering on the possession of reflective mental capacity, moreover, are for Christians especially problematic. We suggest that there are no morally neutral ways of designating personhood. (shrink)

The plasma membrane of polarized epithelial cells is divided into apical and basolateral surfaces, with different compositions. Proteins can be sent directly from the trans‐Golgi network (TGN) to either surface, or can be sent first to one surface and then transcytosed to the other. The glycosyl phosphatidylinositol anchor is a signal for apical targeting. Signals in the cytoplasmic domain containing a β‐turn determine basolateral targeting and retrieval, and are related to other sorting signals. Transcytosed proteins, such as the polymeric immunoglobulin (...) receptor (plgR), are endocytosed from the basolateral surface and then accumulate in a tubular compartment concentrated underneath the apical surface. This compartment, tentatively termed the apical recycling compartment, may be a central sorting station, as it apparently receives material from both surfaces and sorts them for delivery to the correct surface. Delivery to the apical surface from both the TGN and the apical recycling compartment appears to be regulated by protein kinases A and C, and endocytosis from the apical surface is also regulated by kinases. Transcytosis of the plgR is additionally regulated by phosphorylation of the plgR and by ligand binding to the plgR. Regulation of traffic in polarized epithelial cells plays a central role in cellular homeostasis, response to external signals and differentiation. (shrink)

This article supports H. L. A. Hart's “any reasons” thesis (defended consistently from the first edition of The Concept of Law in 1961 to the Postscript to the second edition of 1994) that legal officials may accept law for any reasons, including non‐moral reasons. I develop a conception of non‐moral aesthetic ideals of official conduct which may provide legal officials with reasons to accept and apply even morally iniquitous law. I use this conception in order to rebut Gerald Postema's and (...) Joseph Raz's criticisms of Hart's view, and suggest that my revisions offer reasons for renewed confidence in Hart's account of law's normativity. (shrink)

Reason has co-opted our conception of autonomy. My purpose is to set autonomy free. Here is the problem: some philosophers, Kant most notably, have said that governing your life by reason or by being responsive to reason is the source of autonomy. But there is a paradox concealed in these plausible claims. On the one hand, a person can be enslaved to reason and lack autonomy because of this kind of bondage. On the other hand, if reason has no influence, (...) then it appears that one would be the slave of one's passions, and, however eloquently Hume might have written about reason being the slave of the passions, there is something odd about the idea that a person who is enslaved by his passions is autonomous. The paradox, which I shall call the paradox of reason, is that if we are governed by reason in what we choose, then we are in bondage to reason in what we choose, and we are not autonomous. Yet, if we are not governed by reason, then we do not govern ourselves in what we choose, and again we are not autonomous. (shrink)

Harry G. Frankfurt has presented a case of a counterfactual intervener CI with knowledge and power to control an agent so he will do A. He concludes that if the agent prefers to do A and there is no intervention by CI, the agent has acted of his own free will and is morally responsible for doing A, though he lacked an alternative possibility. I consider the consequences for freedom and moral responsibility of CI having a complete plan P for (...) all actions of an agent, Lucky, who luckily has preferences that accord with P, and I extend the argument to all citizens of a land, Luckyland, who are like Lucky. I argue the citizens of Luckyland have free will but lack moral responsibility because of the connection between moral responsibility, reactive attitudes and future action. Furthermore, the presence of CI and his plan P may allow free will but is incompatible with freedom of preference. Preference concerns alternatives excluded by CI. I argue that a special higher order preference for the preference structure, a power preference, ends the regress of higher order preference and explains the first order preference. Causal determinism is compatible with freedom of preference explained by a power preference when a power preference would also explain an alternative preference. The remoteness argument for incompatibility fails because of a lack of transitivity causal explanation. The power preference is the self-explained source of freedom of preference. That basic freedom may be limited by government knowledge of our preferences, even if, like Lucky, our preferences do not provoke intervention and we conform of our own free will. (shrink)