: In a short and much-neglected passage in the second Critique, Kant discusses the threat posed to human freedom by theological determinism. In this paper we present an interpretation of Kant’s conception of and response to this threat. Regarding his conception, we argue that he addresses two versions of the threat: either God causes appearances directly or he does so indirectly by causing things in themselves which in turn cause appearances. Kant’s response to the first version is that God cannot (...) cause appearances directly because they depend essentially on the passive sensibility of finite beings. Kant’s response to the second version is that human beings are endowed with transcendental freedom, which blocks the causal transitivity that is presupposed by this version. We also contrast his position on this topic with Leibniz’s and Spinoza’s. (shrink)

Governing Animals explores the role of the liberal state in protecting animal welfare. Examining liberal concepts such as the social contract, property rights, and representation, Kimberly K. Smith argues that liberalism properly understood can recognize the moral status and social meaning of animals and provides guidance in fashioning animal policy.

We argue that, under certain plausible assumptions, de Sitter space settles into a quiescent vacuum in which there are no dynamical quantum fluctuations. Such fluctuations require either an evolving microstate, or time-dependent histories of out-of-equilibrium recording devices, which we argue are absent in stationary states. For a massive scalar field in a fixed de Sitter background, the cosmic no-hair theorem implies that the state of the patch approaches the vacuum, where there are no fluctuations. We argue that an analogous conclusion (...) holds whenever a patch of de Sitter is embedded in a larger theory with an infinite-dimensional Hilbert space, including semiclassical quantum gravity with false vacua or complementarity in theories with at least one Minkowski vacuum. This reasoning provides an escape from the Boltzmann brain problem in such theories. It also implies that vacuum states do not uptunnel to higher-energy vacua and that perturbations do not decohere while slow-roll inflation occurs, suggesting that eternal inflation is much less common than often supposed. On the other hand, if a de Sitter patch is a closed system with a finite-dimensional Hilbert space, there will be Poincaré recurrences and dynamical Boltzmann fluctuations into lower-entropy states. Our analysis does not alter the conventional understanding of the origin of density fluctuations from primordial inflation, since reheating naturally generates a high-entropy environment and leads to decoherence, nor does it affect the existence of non-dynamical vacuum fluctuations such as those that give rise to the Casimir effect. (shrink)

This book explores the relationship between modern technological progress and classical liberalism. The compatibility of classical liberalism and technology is questioned, using fiction and film as a window into Western society’s views on politics, economics, religion, technology, and the family.

In this article I wish to elucidate a form of receptivity in our relation to televisual images that cannot be reduced to the postmodern formula of a closed circuit of desire through which the self infinitely reproduces itself. Through analysis of the peculiar experience of viewing Gore Verbinski’s 2003 film The Ring, I argue for the possibility of an experience of alterity in and through the televisual. I pair this event with the religious experience of viewing the icon that Jean-Luc (...) Marion opposes to the televisual in his recent works collected in The Crossing of the Visible. The purpose of the comparison is not to conflate the two experiences but rather to suggest that the possibility for reclaiming a space for difference in a postmodern world lies within the televisual itself, the very medium that Marion credits with the bankruptcy of the aesthetic. In The Ring, the process through which the viewer expects to see her own desire reproduced is violently interrupted by a vengeful image that shatters the mirror of reflection between viewer and viewed and threatens to cross over that threshold — to cross the visible, in Marion’s terms. (shrink)

This volume offers both theoretical and research-based accounts from mothers in academia who must balance their own intricate knowledge of school systems, curriculum and pedagogy with their children’s education and school lives. It explores the contextual advantages and disadvantages of "knowing too much" and how this impacts children’s actions, scholastics and developing consciousness along various lines. Additionally, it allows teachers, administrators and researchers to critically examine their own discourses and those of their students to better navigate their professional and domestic (...) roles. Gathering narratives from academic women in traditional and nontraditional maternal roles, this volume presents both contemporary and retrospective experiences of what it’s like to raise children amidst educational and sociocultural change. (shrink)

In recent years, scholars have come to understand emotions as dynamic and socially constructed—the product of interdependent cultural, relational, situational, and biological influences. While researchers have called for a multilevel theory of emotion construction, any progress toward such a theory must overcome the fragmentation of relevant research across various disciplines and theoretical frameworks. We present affect control theory as a launching point for cross-disciplinary collaboration because of its empirically grounded conceptualization of social mechanisms operating at the interaction, relationship, and cultural (...) levels, and its specification of processes linking social and individual aspects of emotion. After introducing the theory, we illustrate its correspondence with major theories of emotion construction framed at each of four analytical levels: cultural, interactional, individual, and neural. (shrink)

The U.S. Supreme Court declared procreation to be a fundamental right in the early twentieth century in a case involving Oklahoma's Habitual Criminal Sterilization Act, an act that permitted unconsented sterilization of individuals convicted of certain crimes. The right that the Court articulated in that case is a negative right: it requires that the government not place unjustified roadblocks in the way of people seeking to procreate, but it does not require the government to take positive steps to help people (...) procreate if they wish to. I argue that a positive legal right is morally necessary in the United States, given the profound significance of procreation, the current barriers to access to care, and the related issues of individual and societal justice. I assume at the outset that the right to procreate should be expansive enough to include a right to noncoital reproduction. The absence of a positive right to procreate reflects not just constitutional tradition but also a governmental and societal commitment to a longstanding set of reproductive hierarchies by which those who fall outside of the traditional framing of family too frequently find their procreative dreams hindered. Reconceiving procreative rights to include a positive right would create greater opportunities to argue and lobby for increased access to technologies that are out of reach for many. (shrink)

In a crossed-out section in his Fisk University commencement address on Otto von Bismarck, W. E. B. Du Bois mentions that Hegel was one of the figures that influenced him early on in his intellectual development. I argue that although Du Bois uses Hegelian language and employs a Hegelian conception of history in his address “The Conservation of Races,” he abandons both in his essay “Sociology Hesitant.” He became critical of the teleological conception of history because it rests on determinism, (...) which in his view denies the possibility for social change. With what I call his “mystical holism,” Du Bois is at odds with Hegel’s methodological holism, a distinguishing characteristic of absolute idealism. Du Bois’s dynamic idealism, which grows out of opposition to Hegelian idealism, leaves us with hope for a world without racism or at the very least in a better position to develop idealism as an anti-racist system of philosophical thought. (shrink)

This fellowship project addressed the need to increase diversity in public health law. Non-traditional delivery methods of education, such as synchronous online classes and offering courses during an intersession between regular semesters and in the evenings, expanded the opportunities for diverse students to learn about the field and have meaningful internship experiences in public health law. Synchronous distance education is the wave of the future for law teaching and has particular significance in the teaching of public health law.

This chapter examines the moral justifiability of “stand your ground” laws. First, it sets forth the parameters of self-defense as understood in the philosophical literature. Next, it focuses on the necessity limitation and questions whether this limitation can be defensibly weakened to accommodate SYG laws. Finding no comfort for SYG statutes in a weakened necessity limitation, the chapter turns to the proportionality constraint and examines approaches that increase the interests that may permissibly be defended as well as approaches that abandon (...) proportionality altogether. Finally, this chapter maintains that the most perspicuous lens through which to view SYG laws is that of law enforcement because what SYG laws actually do is place citizens in the role of police. The justifiability of such enforcement authority turns, then, on two further questions. It must be appropriate for citizens to serve this function. But second, it must be appropriate for the state to stand its ground. (shrink)

This article seeks to illustrate egg donation's incompletely commodified status through an analysis of two cases of first impression, highlighting the tensions that arise from attempts to reconcile egg donation's reality as a robust commercial industry with the nonmarket norms that traditionally underlie reproduction. Antitrust and taxation litigation may seem unlikely sources for guidance in navigating the tensions in egg donation's uncertain place between the worlds of gift and market exchange. Nonetheless, this litigation forces an explicit consideration of how egg (...) donation is perceived, talked about, and operationalized, and where along the gift-market spectrum it fits. These cases also engage familiar questions of commodification, coercion, and exploitation, which are surprisingly central litigation issues. (shrink)

Both theists and atheists have attempted to show that their opponent’s orientation towards religion prevents them from living truly meaningful lives. But exclusivists on both sides are wrong. For neither atheists nor theists are necessarily committed to meaninglessness. This essay focuses attention on two key components of theistic meaning of life theories that theists argue are importantly missing from atheistic theories, immortality and a Divine Plan. It also considers atheistic alternatives to theistic accounts of meaningfulness that involve subjectivism, intrinsic values, (...) and Susan Wolf’s hybrid theory of meaning. We come to see that genuine meaning for either theists or atheists requires some conceptual commitments, and the dispute about which side can live meaningfully is yet another case of the two sides talking past each other. Alternatively, if we allow for the different kinds and degrees of meaning we may conclude that both theists and atheists are able to offer rationally acceptable theories of life’s meaning. (shrink)

From the American Law Institute to college campuses, there is a renewed interest in the law of rape. Law school faculty, however, may be reluctant to teach this deeply debated topic. This article begins from the premise that controversial and contested questions can be best resolved when participants understand the conceptual architecture that surrounds and delineates the normative questions. This allows participants to talk to one another instead of past each other. Accordingly, in this article, we begin by diffusing two (...) non-debates: the apparent conflict created when speakers use “consent” to mean two different things and the question of whether rape law ought to be formulated in terms of consent or force. From here, we turn to the conceptual apparatuses that surround the normative questions of freedom from force, knowledge, and capacity. Here, we suggest how better understanding these concepts can frame the underlying discussions as to what sorts of coercion undermine consent, what kinds of deception invalidate consent, and when the victim is too incapacitated to consent. Finally, we turn to different formulations of consent, demonstrating that one conception better captures the harm of rape but that other formulations may better protect victims. We show how clarifying these questions allows discussants to see why different formulations are valuable and to debate the best all-things-considered formulation. Although this article is framed as a question of how to think like lawyers about rape, its ambition is to set forth a framework that is useful to reformers as well. (shrink)

Many criminal law scholars have criticized the responsible corporate officer doctrine as a form of strict and vicarious liability. It is neither. It is merely a doctrine that supplies a duty in instances of omissions. Siding with Todd Aagaard in this debate, I argue that a proper reading of the cases yields that the responsible corporate officer doctrine is just duty supplying, and does not allow for strict liability when the underlying statute requires mens rea. After analyzing Dotterweich, Park, and (...) their progeny, I probe the depths of this duty-supplying doctrine, including to whom the duty is owed, whether the duty is grounded in statute, cause of peril, or contract, and what the content of the duty is. Although the responsible corporate officer doctrine unveils questions we may have about duty generally, it is no more problematic than other duty-supplying doctrines in the criminal law. (shrink)

This article presents Catherine Malabou and Alain Badiou as theorists of contraction and its related operations of self-reflexivity and infinite iteration. Trading on these commonalities, the article hopes to draw out Malabou’s and Badiou’s respective formalist commitments. On Badiou’s side, it sharpens the question of what is at stake in something as regulated as a “procedure”; on Malabou’s, it recognizes formal stakes to plasticity that often go unrecognized because of her penchant for biology. The article then concludes with a broad (...) comparison of these two thinkers in terms of their accounts of potential and imagines the critiques each might leverage against the other. Where Malabou might well regard Badiou to be too tightly constraining the shape of the future, Badiou is likely to find in Malabou one more instance of a naïve democratic materialism. (shrink)

What explains Germany’s exceptional labor market performance during the Great Recession of 2008-09? Contrary to accounts that emphasize employment protection legislation or government policy, this article argues that actions by firms—embedded in ever-changing coordinative institutional structures—were crucial. Firms chose to keep rather than shed labor, a strategy induced by a “toolkit” of flexible labor market instruments that had evolved incrementally over the past thirty years; wage restraint and successful internal restructuring of firms during the past decade, which fueled an export (...) boom before the crisis. Firms thus had some margin for maneuver, using internal flexibility to protect their investment in skilled workers. These and other institutional changes driven by firms reflect a process of successful adaptation to external economic challenges, but did not fundamentally undermine Germany’s coordinated form of capitalism. The result is not a new German model that was purposefully designed; instead German firms slowly discovered new ways to cope with economic challenges. (shrink)

Although it is not yet officially recognized as a clinical entity which is diagnosable, Internet Gaming Disorder (IGD) has been included in section III for further study in the DSM-5 by the American Psychiatric Association (APA, 2013). This is important because there is increasing evidence that people of all ages, in particular teens and young adults, are facing very real and sometimes very severe consequences in daily life resulting from an addictive use of online games. This article summarizes general aspects (...) of IGD including diagnostic criteria and arguments for the classification as an addictive disorder including evidence from neurobiological studies. Based on previous theoretical considerations and empirical findings, this paper examines the use of one recently proposed model, the Interaction of Person-Affect-Cognition-Execution (I-PACE) model, for inspiring future research and for developing new treatment protocols for IGD. The I-PACE model is a theoretical framework that explains symptoms of Internet addiction by looking at interactions between predisposing factors, moderators, and mediators in combination with reduced executive functioning and diminished decision making. Finally, the paper discusses how current treatment protocols focusing on Cognitive-Behavioral Therapy for Internet addiction (CBT-IA) fit with the processes hypothesized in the I-PACE model. (shrink)

This article explores the concept of ethical invention in both Jean-Paul Sartre’s and Michel Foucault’s later lectures and interviews, showing that a courageous disposition to invent or transform plays a key role in both thinkers’ visions of ethics. Three of Sartre’s post-Critique of Dialectical Reason lectures on ethics are examined: Morality and History, The Rome Lecture, and A Plea for Intellectuals. It is shown that ethical invention for Sartre requires the use of our freedom to transcend our current circumstances, a (...) willingness to break away from harmful ideologies, and directing our free praxis towards the goal of universal humanism. Examining several of Foucault’s interviews alongside his lecture series The Government of Self and Others and The Courage of Truth, it is shown that ethical invention for Foucault requires a rejection of necessities or inevitabilities in our current landscape, a willingness to reshape our current beliefs, and a philosophical way of life that results in an alteration of the relationship to self and others. For both thinkers, ethical invention should be preceded by a critical reflection on ourselves in our historical moment. Both argue that ethical invention requires a rejection of the inherent value of our world and realization that the conditions of possibility for being subjects are malleable. Last, it is shown that both philosophers specifically call philosophers or intellectuals to invent. (shrink)

When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...) article further claims that provocateurs need to be distinguished from their cousins, initial aggressors, as initial aggressors engage in conduct that grounds the permissibility of the defender’s behavior whereas the provocateur’s behavior does not justify the respondent’s use of force against him. In addition, this article rejects that the basis of this forfeiture can be found in the doctrines surrounding when and why mitigation for provocation is appropriate for the respondent. Provocateurs forfeit their defensive rights for the very simple reason that they start the fight. This forfeiture occurs when they behave culpably, meaning that they subjectively appreciate that they are running the risk of causing force to be used against them and they engage in this behavior without justification or excuse. The question of when the provocateur’s behavior is justified is incredibly complex. It requires analysis of when it is that one is justified in increasing the risk of another’s wrongdoing. Any analysis of this justification must take seriously the liberty rights of the potential provocateur to engage in otherwise permissible behavior. Moreover, the determination of whether the provocateur is justified will turn on whether the later acts that he puts into motion are themselves justified. Thus, when Charles Bronson in the movie Death Wish presents himself as a victim so that muggers will attack him, the justifiability of his conduct in appearing as a vulnerable victim will turn on whether he is entitled to engage in this conduct, intending to later defend himself. This article argues that in Death Wish-type cases, the reason that the provocateur is not justified is because he becomes a vigilante, thereby usurping the role of the state and undermining rule of law values. (shrink)

As the technology for ectogenesis continues to advance, the ethical implications of such developments should be thoroughly and proactively explored. The possibility of full ectogenesis remains hypothetical at present, and myriad concerns regarding the safety and efficacy of the technology must be evaluated and addressed, while pressing moral considerations should be fully deliberated. However, it is conceivable that the technology may become sufficiently well established in the future and that eventually full ectogenesis might be deemed ethically acceptable as a reproductive (...) alternative to gestation within a human womb under certain circumstances. If the safety and efficacy of full ectogenesis are established, if ethical dilemmas are sufficiently well addressed, and if the technology is offered as a reproductive option to cisgender heterosexual individuals or couples desiring to become parents, there is a moral obligation grounded in social justice to ensure that full ectogenesis be made available to individuals or couples identifying as members of sexual‐ or gender‐minority groups who likewise seek to pursue parenthood. We examine the history of access to current family‐building options, including assisted reproductive technology, surrogacy and adoption, for these populations and conclude that in the absence of robust empirical evidence suggesting an increased risk of harm to children of individuals and couples who identify as members of sexual‐ or gender‐minority groups, equitable access to ectogenesis as a pathway to parenthood for sexual and gender minorities must be assured as a matter of reproductive justice. (shrink)

A philosophically and historically influential section of the Critique of Judgement presents an ‘intuitive intellect’ as a mind whose representation is limited to what actually exists, and does not extend to mere possibilities. Kant’s paradigmatic instance of such an intellect is however also the divine mind. This combination threatens to rule out the reality of the mere possibilities presupposed by Kant’s theory of human freedom. Through an analysis of the relevant issues in metaphysical cosmology, modal metaphysics and philosophical theology, I (...) show that Kant in fact possesses the resources to reconcile the philosophical claims of §76 of the Critique of Judgement with his keystone commitment to the reality of human freedom. (shrink)

What makes it permissible to reach out to hold someone’s hand on a first date, or to rub a friend’s back when she is crying? This paper, a contribution to the special issue on Doug Husak, argues that conventions, context, and relationships play a role in shifting normative boundaries, such that the default rule becomes that it is permissible to touch someone until she dissents. Part I of this paper focuses on convention-type cases, contrasting dates with the intentional touchings that (...) occur on crowded streets or while playing football. Part II then addresses the range of normative justifications that track these different cases. Part III adds a different way that dissent-sensitive permissions can arise—from relationships and common ground. Part IV unearths the underlying rights-structure that my view presupposes and returns to the question of whether the theory I have on offer is one of consent. Part V argues that this approach, that these are alterations of permissibility, is superior to the view that conventions only impact the actor’s blameworthiness by rendering his belief reasonable. Part VI raises questions of whether our understanding of consent dictates our understanding of dissent. (shrink)

When conducting research in an international setting, in a country different than that of the researcher, unpredictable circumstances can arise. A study conducted by a novice North American researcher with a vulnerable population in northern Ghana highlights these happenings with an emphasis placed on the ethical challenges encountered. An illustration from the research is used to highlight an ethical dilemma while in the field, and how utilizing a moral decision-making framework can assist in making choices about a participant's right to (...) autonomy, privacy, and confidentiality during the research process. Moral frameworks, however, can never be enough to solve a dilemma since guidelines only describe what to aim for and not how to interpret or use them. Researchers must therefore strive to move beyond these frameworks to employ practical wisdom or phronesis so to combine the right thing to do with the skill required to figure out what the right choice is. The skill of practical wisdom must be acquired because without it international researchers indecisively fumble around with good intentions, often leaving a situation in worse shape than they found it. (shrink)

Though many have recently attempted either to locate Arendt within feminism or feminism within the great body of Arendt's work, these efforts have proven only modestly successful. Even a cursory examination of Arendt's work should suggest that these efforts would prove frustrating. None of her voluminous writings deal specifically with gender, though some of her work certainly deals with notable women. Her interest is not in gender as such, but in woman as assimilated Jew or woman as social and political (...) revolutionary. In this paper, I argue that Arendt recognized that what frequently passes for a gender question is not essentially a matter of gender at all, but rather an idiosyncratic form of loneliness that typically affects, though is by no means limited to, women. In her work one finds the conceptual tools necessary to understand the “woman problem” rather than an explicit argument or a solution to it. (shrink)

In “Potential Subjects’ Responses to an Ethics Questionnaire in a Phase I Study of Deep-Brain Stimulation in Early Parkinson’s Disease,” Finder, Bliton, Gill, Davis, Konrad, and Charles undertake informed consent research on what they describe as a Phase I trial of deep brain stimulation (DBS) for Parkinson’s disease. We argue that the authors should have more carefully characterized the nature of the DBS study at the start of their clinical study.

The multi-faceted ecological crisis—combining problems of ecology, society, and religion—is tied to the ideologies implicit in Western thinking. In this essay, I outline an ecofeminist theology which addresses how the current ecological crisis we face—including but not limited to, climate change, mass species extinction, ocean acidification, the rise in wildfires and superstorms, glacial melt, pollution—are tied to problematic and incorrect ideologies. To do this, I utilize Val Plumwood’s robust ecofeminist philosophy to revealing harmful dualisms implicit in all forms of oppression. (...) I critique transcendental monotheism for extracting life, God, and agency from the natural world. If God exists over and above the Earth, and this God is omnipotent, omnipresent, and omniscient, this justifies the problematic lagged response to our urgent ecological crisis. In short, my ecofeminist theology affirms intersectionality. It considers racial injustice and systemic racism are intertwined with the ecological crises. We cannot address our ecological crisis without also addressing racial injustice. It critiques a transcendental monotheistic God as this reinforces irresponsible and apathetic responses to our multi-faceted ecological crisis. And it affirms Plumwood’s “philosophical animism” as a way to retrieve nature in the active voice. By retrieving nature in the active voice, we retrieve a sense of groundedness in place through relationships with non-humans. Her “philosophical animism” affirms agency in the natural world without culturally appropriating Indigenous cultures. It is a way for Westerners to enter into dialogical relationship with the natural world. It is both political—affirming the rights of Black, Indigenous, and other people of color—and it is personal—engaging in a practice of the wild. (shrink)