Kevin J. Elliott has recently defended an institutional duty to vote. This duty is based on (i) the role obligation of citizens to do what is necessary for well-functioning representative institutions and (ii) the claim that universal voting is ordinarily necessary for fair representation. This critical response takes issue with the second of these claims. I argue that neither the informational nor motivational problems that Elliott identifies require universal voting. Representatives have other ways of identifying citizens’ wants and interests (...) and other incentives to respond to them. Indeed, some of Elliott’s own suggestions, for instance that representatives will respond to uncertain threats, seem to presuppose that these difficulties can be overcome. Thus, I argue that universal voting is not necessary for effective representation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Contradiction and Legislation Regarding the Right to LifeKevin L. Flannery, S.J.Unborn Human Life and Fundamental Rights: Leading Constitutional Cases under Scrutiny. Edited by Pilar Zambrano and William Saunders, with concluding reflections by John Finnis. Berlin: Peter Lang, 2019.The most fundamental principle of law is the principle of non-contradiction. This is Thomas Aquinas's position in the seminal article on the natural law, Summa theologiae I-II, question 94, article 2, (...) where, citing Aristotle, he formulates the principle as, "One should not simultaneously affirm and negate." Lafter in the same article, Thomas offers a practical formulation of the same principle, "Good is to be done and pursued and evil avoided"; but in law, since it is contained in propositions (airmations and negations) as distinct from ideas regarding the pursuit of goods, the prior formulation is the more immediately relevant of the two.The book under review is important in that, by going through the legal history regarding abortion and related issues in a number of different countries—the United States, Canada, Italy, Spain, Poland, Ireland (Eire), Costa Rica, Argentina, Chile, Mexico, and Peru—it causes to emerge any number of times the realization that legislation and judicial decisions in favor of abortion "rights" invariably infect a legal system with contradictions and inconsistencies of various sorts. The present essay is, therefore, not your typical book review. Its objective is simply to list some of the legal contradictions and inconsistencies identified by the book's various authors as they describe the legal status of the unborn in their respective nations. [End Page 1323]William Saunders's very clear and comprehensive first chapter is entitled, "Judicial Interference in the Protection of Human Life in the United States: Actions and Consequences." In it, he describes, among other things, the Human Cloning Prohibition Act passed by the U.S. House of Representatives in 2003, which prohibited "any person or entity, public or private" from performing human cloning (23). He speaks also of a bill proposed in the U.S. Senate once the Human Cloning Prohibition Act had passed in the House of Representatives. This Senate bill (which was entitle, "The Human Cloning Ban and Stem Cell Research Protection Act") would have prohibited "any person or other legal entity" from conducting human cloning, even while allowing nuclear transplantation, which it defines as "transferring the nucleus of a human somatic cell into an oocyte from which the nucleus... ha[s] been... removed or rendered inert." The problem here, as Saunders explains, is that this latter definition "is the very definition of cloning" (25). In other words, in the same year, two pieces of legislation were considered in the Congress of the United States, both purporting to ban human cloning, one of which would have permitted what the other described (correctly) as human cloning and so prohibited.In the second chapter, "Whither United States Abortion Law?" by Gerard V. Bradley, discussed, among other things, is the inconsistency between the United States Supreme Court's pro-abortion decision Roe v. Wade and various laws, both state and federal, prohibiting feticide. Bradley says of the 2004 federal Unborn Victims of Violence Act that, "in pertinent part it says that 'whoever' 'causes the death of or bodily injury to,' a 'child who is in utero' is guilty of an offense apart from any accompanying offense against the woman carrying the child." The penalty for such an act is the same as would be imposed if the act were inflicted upon the unborn child's mother: if, for instance, the mother was killed. "A child in utero," reports Bradley, "is defined as a member of the species homo sapiens, at any stage of development, who is carried in the womb'" (37).The problem here is that prosecutable under this law are acts identical with those performed legally by abortionists. Bradley mentions two cases in which a woman's male partner—in one case the woman's husband—effected by stealth the abortion of her child. In one case, the male purchased abortion pills and affixed to their container a pharmacy label indicating that it contained a common antibiotic; in the other, the husband obtained the same type of... (shrink)

Mainstream political liberalism holds that legal coercion is permissible only if it is based on reasons that all can share, access or accept. But these requirements are subject to well-known problems. I articulate and defend an intelligible reasons requirement as an alternative. An intelligible reason is a reason that all suitably idealized members of the public can see as a reason for the person who offers it according to that person’s own evaluative standards. It thereby permits reasons into public justification (...) that all cannot share, access, or accept, and so contrasts with standard approaches to public justification. The intelligible reasons requirement has two striking implications. First, it severs the connection between public justification and principles of deliberative restraint. Second, it pushes political liberals to appeal to other political processes to publicly justify law, specifically bargaining, adjudication, and social evolution. (shrink)

This piece defends the asymmetric convergence approach to public justification against James Boettcher's recent critique.

Husserl seems to have devoted roughly equal amounts of energy and pages to the description of perception, judgement, and imagination. By “description,” he meant the analysis of the traits and components of mental states or acts and their objects. As his views changed over the years about the nature of intentionality and philosophy, the descriptive psychology of the Logical Investigations (1900/01) gave way to descriptive programmes in which the objects of perception and of judgement were conceived of in terms of (...) a new, analytic framework; in particular Husserl lost interest in describing the things and processes in the real world that are the objects of perception and judgement and so too in describing their relations to these acts. His new analytic framework, particularly as it applies to perception, has been thoroughly expounded and discussed in the literature. My aim here is to expound Husserl's first descriptions of perception within the framework of the Investigations and to incorporate as far as possible his later descriptive results to the extent that these are separable from his later turn to idealism. (shrink)

It seems plausible that there can be “no win” moral situations in which no matter what one does one fails some moral obligation. Is there an epistemic analog to moral dilemmas? Are there epistemically dilemmatic situations—situations in which we are doomed to violate an epistemic requirement? If there are, when exactly do they arise and what can we learn from them? A team of top epistemologists address these and closely related questions from a variety of new, sometimes unexpected, angles. Anyone (...) interested in epistemic dilemmas, the nature of justification and evidential support, higher-order requirements, or suspension of judgment will find a range of useful arguments and fresh ideas in this cutting-edge anthology. (shrink)

Freedom of information requests are increasingly used in sociology, criminology and other social science disciplines to examine government practices and processes. University ethical review boards in Canada have not typically subjected researchers’ FOI requests to independent review, although this may be changing in the United Kingdom and Australia, reflective of what Haggerty calls ‘ethics creep’. Here we present four arguments for why FOI requests in the social sciences should not be subject to formal ethical review by ERBs. These four arguments (...) are: existing, rigorous bureaucratic vetting; double jeopardy; infringement of citizenship rights; and unsuitable ethics paradigm. In the discussion, we reflect on the implications of our analysis for literature on ethical review and qualitative research, and for literature on FOI and government transparency. (shrink)

Originally published in 1987, this book forms a conceptual account of the relationship between music and poetry in the late eighteenth and early nineteenth ...

This article proposes to elucidate Wilfrid Waluchow’s notion of constitutional morality by explaining how it relates to the classical common law idea of artificial reason. It examines how Waluchow’s effort to reconcile insights from the thought of H.L.A. Hart and Ronald Dworkin through the idea of constitutional morality is both reminiscent of the artificial reason of the common law and distinct from it. It shows that constitutional morality evokes the subtle union of custom and reason found in artificial reason, but (...) also that it proposes, under the influence of Hart’s notion of rule of recognition, a narrower understanding of law’s foundation in established practices, and that it gives, consistent with Dworkin’s vision of law as integrity, a greater theoretical scope to law’s rationality. (shrink)

Originally published in 1984, The Image of the Middle Ages in Romantic and Victorian Literature looks at the impact of medievalism in the 18th and 19th centuries and the importance of post-Enlightenment literary religious medievalism. The book suggests that religious medievalism was not a superficial cultural phenomenon and that the romantic spirit with which it was chronologically connected, was intimately associated with the metaphysical. The book suggests that this belief gave birth to the metaphysical yearning and cultural expression of the (...) eighteenth and nineteenth century. The book seeks to clarify the post-Enlightenment relationship between aesthetic culture and 'aesthetic' religion, romanticism, medievalism and religious trends. (shrink)

In his second appearance to Aeneas in Aeneid 4 Mercury drives the hero to flee Carthage with a false allegation that Dido is planning an attack, capping his warning with an infamous sententia about the mutability of female emotion. Building on a previous suggestion that Mercury's first speech to Aeneas is modelled on Athena's admonishment of Telemachus at the opening of Odyssey 15, this article proposes that Mercury's second speech as well is modelled on Athena's warning, in which the goddess (...) uses misdirection about Penelope's intentions and a misogynistic gnōmē about the changeability of women's affections to spur Telemachus’ departure from Sparta. After setting out how Virgil divides his imitation of Athena's speech verbally and thematically between Mercury's two speeches, the discussion turns to why both Athena and Mercury adopt these deceptive tactics. The speeches are shown to be culminations of the poets’ similar approaches to creating doubt and foreboding around the queens’ famed capacities for using δόλος. Common features in the ensuing hasty departures of Telemachus and Aeneas further confirm Virgil's use of Odyssey 15 in devising Aeneas’ escape from Carthage. (shrink)

My concern in this essay is not so much with the invisible work or hidden labor produced by neoliberalism, but rather with what Joseph Pieper describes as an emerging culture of “total work”. More than the sheer number of hours of work, Pieper diagnoses a transformation in the way we view work. Work has become the exclusive point of reference for how we see and define ourselves. We are, Pieper feared, increasingly incapable of seeing beyond the working self. The human (...) being has become the human worker. Historically, the ideal of leisure offered a counter vision to this tendency. Michael Oakeshott notes that while human beings must attend to the necessities for survival, they are most especially distinguished by their capacity for leisure—by an ability to pursue questions, conversations, and explorations that transcend the realm of production and consumption. To overlook and exclude leisurely pursuits is to diminish our humanity. (shrink)

This paper is the second phase of a project that was begun more than three years ago. The first phase culminated in the publication of a paper working toward a critical appropriation of Aristotle’s Nicomachean Ethics.1 Therein Aristotle famously argues that human wellbeing (eudaimonia) is constituted by “activity of the soul in accordance with moral and intellectual virtue.”2 This earlier paper brought into focus all the main lines of Aristotle’s theoretical web in the N. Ethics: including the nature of the (...) soul, intellectual virtue, moral virtue, etc. That paper went on to give a developed critique of Aristotle’s theoretical web, and against that background it argued for a very different way of thinking about intellectual virtue, and it prepared the ground for different ways of thinking about moral virtue. This current paper explores the various conceptual understandings of “the mean” in Aristotelian and in Confucian thought. It begins with an explanatory sketch of “the mean” as understood in Aristotle’s Nicomachean Ethics, and then in a second section goes on to explore “the mean” as presented in classical Confucianism. The third section of this paper offers some reflections oriented toward a tentative formulation of a modified conception of “the mean” as it might be construed from a humanistic Marxist perspective. (shrink)

Although theories that examine direct links between behavior and brain remain incomplete, it is known that brain expansion significantly correlates with caloric and oxygen demands. Therefore, one of the principles governing evolutionary cognitive neuroscience is that cognitive abilities that require significant brain function (and/or structural support) must be accompanied by significant fitness benefit to offset the increased metabolic demands. One such capacity is self-awareness (SA), which (1) is found only in the greater apes and (2) remains unclear in terms of (...) both cortical underpinning and possible fitness benefit. In the current experiment, transcranial magnetic stimulation (TMS) was applied to the prefrontal cortex during a spatial perspective-taking task involving self and other viewpoints. It was found that delivery of TMS to the right prefrontal region disrupted self-, but not other-, perspective. These data suggest that self-awareness may have evolved in concert with other right hemisphere cognitive abilities. (shrink)

Neutrality is held to be the touchstone of good mediation. True neutrality is elusive, however, and probably not even desirable, at least when applied to patient‐provider disputes over medical care. In this context, mediators should not posture as “neutrals”; they should strive instead to protect their clients’ autonomy.

A comprehensive and accessible introduction to the development of and current debates in the aesthetics of food and drink.

A series of imitation games involving 3-participant (simultaneous comparison of two hidden entities) and 2-participant (direct interrogation of a hidden entity) were conducted at Bletchley Park on the 100th anniversary of Alan Turing’s birth: 23 June 2012. From the ongoing analysis of over 150 games involving (expert and non-expert, males and females, adults and child) judges, machines and hidden humans (foils for the machines), we present six particular conversations that took place between human judges and a hidden entity that produced (...) unexpected results. From this sample we focus on features of Turing’s machine intelligence test that the mathematician/code breaker did not consider in his examination for machine thinking: the subjective nature of attributing intelligence to another mind. (shrink)

This essay explores the adventures of the word “without” in Jacques Derrida's work from the mid-1970s until his death. It is argued that Derrida comes to Yale primarily with a new reading of Kantian formalism in mind and that this in part explains both the ready acceptance and the resistance he found at Yale. It is further argued that by the time Derrida left Yale in the mid-1980s, the word “without” was serving a new end: ethics and religion. And yet (...) Derrida remained Kantian in his main emphases. (shrink)

The work of Michael Oakeshott has retained a striking currency in philosophical discourse about education. This is hardly surprising in view of his influence on Paul Hirst and Richard Peters, two philosophers whose work had an enormous impact on educational thinking and practice in the English-speaking world. And, although much of the detail in educational debate may change, the fundamental underlying concerns regarding the conception of the person, the nature of knowledge and the moral life and their expression in educational (...) institutions and activities remain subject of disagreement. In the light of this continuing interest and of Oakeshott’s extensive writing on so many aspects of education, it is timely that a book be published on his thinking on the subject. (shrink)

In March 1956 there appeared in Monde Nouveau a relatively short piece by Emmanuel Levinas called “Maurice Blanchot et le regard du poète.” It is an extended review of L’Espace littéraire, published by Gallimard the previous summer, which is also laced with a polemic against Heidegger. Levinas observes that Blanchot is close to the Heidegger of Vorträge und Aufsätze (1954), almost to the point of immediate intellectual intuition, but he is just as quick to register the distance between the two (...) on a decisive issue: on Blanchot’s account of literature we are led away from the world of dwelling and rootedness that Heidegger affirms in his meditations on art. Here as elsewhere, Levinas is profoundly disturbed by Heidegger’s slighting of ethics and, in turning to show that his friend finds a way beyond the primacy of Sein, he observes parenthetically that Blanchot “also abstains from ethical preoccupations, at least in explicit form.” A little later he remarks, more pointedly, that Blanchot’s concern with “authenticity” must one day “herald an order of justice” if it is to be more than “a consciousness of the lack of seriousness of edification, anything other than derision” (137; SMB 24). Clearly, Levinas is uneasy at the proximity of his friend to the Heidegger of Sein und Zeit (1927) and beyond, having freed himself from “the climate of that philosophy,” starting in “De l’évasion” (1935) and then more completely in De l’existence à l’existent (1947) (EE 19; DEE 19). The invitation is for Blanchot to render his ethics explicit. Levinas’s review even hints at how this can be done. Other essays by Levinas, later collected in Sur Maurice Blanchot (1975), return to the prediction or hope registered in this review that someone will express “the latent meaning” of his friend’s novels and récits (133; SMB 17), and there is no doubt when reading his reflections on L’Attente l’oubli (1962) and La Folie du jour (1973) that for Levinas their manifest meaning is ethical, at least in part. (shrink)

"Mystic Maybe's": the title comes from Augustine Birrill's words on the death of Matthew Arnold. Is it true that Richard Kearney's philosophy of religion, like Arnold's reflections on the Bible, are "mystic maybe's," mere flirtations with possibility? In order to answer this question I seek to understand Kearney's expression "the God who may be" and to see if it fits into a non-metaphysical philosophy of religion. The expression is clarified by way of comparisons with Wolfhart Pannenberg's eschatological understanding of God (...) and Eberhard Jungel's theology of possibility. One weak point in Kearney's philosophy of religion, it is argued, is its avoidance of theology in the name of the philosophy of religion. A sound philosophy of religion needs to engage with theology. /// "Mystic Maybe's" (Possibilidades místicas): Este titulo deriva das palavras de Augustine Birrill acerca da morte de Mathew Arnold. O autor do artigo pergunta até que ponto a filosofia da religião de Richard Kearney não será, tal como as reflexões de Arnold acerca da Bíblia, um mew "místico talvez", um simples namoro com a possibilidaãe. Em ordem a responder à questão, o autor procura compreender o sentido da expressão de Richard Kearney acerca do "Deus que pode ser" de modo a avaliar até que ponto a expressão se adequa a uma filosofia não-metafísica da religião. O artigo clarifica a expressão de Kearney mediante uma comparação quer com a compreensão escatológica de Deus de Wolfhart Pannenberg quer com a teologia da possibilidade de Eberhard Jüngel. Mostra-se, desta forma, que um dospontos maisfracos na filosofia da religião de Richard Kearney consiste na sua tentativa de escapar à teologia em nome da filosofia da religião. Com efeito, argumenta o autor do artigo, uma autêntica filosofia da religião não pode deixar de estar num diálogo eficaz com a teologia. (shrink)