Change is an inborn trait of all organisms at every level of existence. This article proposes that the evolution of all life follows a course as if bound by a guiding principle or template. Overcoming disorder and entropy through diversity, this template has the properties of a spiral force, which acts to maintain continuity during change and transitions, and operates at all levels, from the simplest of forms to the most complex. Drawing from Chaos Theory, biology, depth psychology, and Buddhism, (...) the spiral template is presented as a new vision of reality guiding scientific and spiritual perspectives toward evolutionary wholeness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Enviornment 6.2 (2001) 114-118 [Access article in PDF] Book Review Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law. Melinda A. Roberts. Lanham, Md.: Rowman & Littlefield, 1998. Pp. 235. ISBN 0-8476-8901-8 (Paperback) This book will provide the reader with a systematic examination of some of the most (...) difficult philosophical issues involved in procreation, and most notably those raised by wrongful life claims and the non-identity problem. Can an action without which a given child would not even exist be simultaneously said to harm this very child? This is the key question addressed in this book. It is relevant not only to bioethicists, but also to those concerned with the possibility of harming members of future generations in general. The author proceeds with remarkable clarity in three steps. First, she unveils the core intuition and unfolds the key implications of what is standardly referred to as the person-affecting view. Second, she focuses on the now famous non-identity problem that is supposed to raise a serious challenge to the plausibility of the person-affecting view. Third, wrongful life and human cloning are taken as illustrations of the problem.The starting point is thus the person-affecting or personalist view. The author argues that what is at stake in such a view is not only a concern for [End Page 114] persons (as opposed to plants or stones), but also for definite persons. The core intuition that "what is bad must be bad for someone" (Derek Parfit) implies a comparison between two states of the same person. As she puts it, "the pairwise comparisons of worlds appealed to within personalism are always in respect of particular people" (6). This does not necessarily imply consequentialism, contrary to what Roberts claims (e.g., 1), at least if we understand the latter, for example, as Philip Pettit does. 1 Moreover, one may very well argue that what is at the heart of the person-affecting intuition is a sense that an action needs to be assessed on the basis of its effect on persons, which would not necessarily imply that such effects require a comparison between two states of the same person. Nevertheless, the extent to which a person-affecting conception--as defined by Roberts--will be in trouble depends on the extent to which comparisons between the same person's states cannot operate. This is precisely where to introduce the idea of a non-identity context, that is, a situation in which not committing an allegedly harmful act would or could also have meant the nonexistence of the allegedly harmed person. For example, had a medical doctor not committed this preconceptional diagnostic mistake (or a father taken a slower or faster means of transportation to come back home), this child would or could not have existed. Can we thus say that the practitioner harmed the child who turned out to be heavily handicapped due, for example, to a genetically transmissible disease (or that the father harmed his child by leaving him with a very polluted environment due to his use of big cars as a means of transportation)?One key feature of Roberts's approach is that she restricts the scope of the non-identity problem to cases where not committing the allegedly harmful action would have made it impossible for this child to have existed ("two-alternative" cases) (26, 319, 325). This entails that whenever this very child could still have come to existence in the allegedly harmful action's absence, whatever the likelihood of such a coming to existence, we would fall outside a non-identity context ("three-alternative" cases) (27; 94-95). What matters to Roberts is whether or not the same child could have been born better than he is, not whether he would, as a matter of fact, have been born at all. The consequence is that in cases where the same child could have been born, say, unhandicapped, the author remains... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Lawrence Ferrara’s Chapter Four in R. Phelps, R. Sadoff, E. Warburton, and L. Ferrara, A Guide to Research in Music Education, 5th Edition (Lanham, Maryland: Scarecrow Press, Inc., 2005)Jack HellerIt is curious that Lawrence Ferrara disagrees with Jack Heller and Edward. J. P. O'Connor's view1 that "philosophy" is not "research," yet in the chapter headings in the book A Guide to Research in Music Education, (...) 5th Edition, Chapter 4 is labeled "Philosophical Inquiry," while other chapters are labeled "Qualitative Research," "Nonexperimental Research," "Quantitative Research," and "Historical Research" (italics added). Why not "Philosophical Research?" Maybe he, too, believes that philosophy is not research.In our Handbook Chapter2 we pointed out that research should be systematic and based on "empirical observation." To make things worse we said that research should try to provide "unbiased evidence." Ferrara ascribes to us a positivistic view that we did not make nor believe. That view, according to Ferrara is that the "key reason for their [our] dismissal of philosophical inquiry (notice inquiry not research) as a bona fide research design is the invariable criterion that they [we] assign to all research if it is indeed research: to present 'unbiased evidence.'" [End Page 89] We still believe that research should try to be as objective as possible while realizing that all observations are researcher dependent and have error. Research should strive to reduce error as much as possible.My reading of Kuhn's The Structure of Scientific Revolutions does not conflict with what was written in our Chapter. We did not claim that data are unbiased but rather that research should try to limit bias and try to interpret observations that can be supported by specific behavior.Philosophy, or more properly model building, should lead research. Assumptions that appear in a model are just that. They are assumptions. Not fact; not unbiased opinion. But these assumptions or philosophical conclusions should not be called research in music education because they do not provide any behavioral evidence as support. The deductive process used in philosophy (syllogistic reasoning, for example) should help to develop hypotheses that can be investigated by an inductive process (data collection). Philosophy is a time honored scholarly activity. We certainly do not mean to diminish its importance. All research should have a philosophical underpinning that should produce a theoretical model. This model then should be tested by research. Our Handbook Chapter takes this position. Philosophy is philosophy, not research.Ferrara paraphrases Rom Harre3 by stating thatthere are at least three realms of scientific research and theory: the first realm is marked by ordinary perception in which what is known is based on observable and empirically verifiable facts; in the second realm, perception may catch up with conception–there is a promise of technological development... through which researchers will eventually be able to 'observe' and empirically verify what they only conceived (as in philosophical inquiry) as the probable explanation; and in the third realm there are genuine theoretical acts of imagination... that will never be directly (italics added) perceived, for example, empirically observed or verified.Ferrara points out that this "positivist dictum [the Harre quote above]... is unrealistic in relation to actual (italics added) scientific research and practice."4 It is not clear to which "actual scientific research and practice" Ferrara refers. This entire view is misguided. Ferrara does not believe "the methodology of the natural sciences can appropriately be utilized in the human sciences and arts research, retaining the level of objectivity (italics added) achieved in the natural sciences." Who does Ferrara believes carries out natural science research? Are they not humans, constrained by the same problems of observation that all humans encounter? Are their observations more "objective" as Ferrara seems to believe? The natural scientist, like all other researchers, faces the issue of error in observing phenomena that all researchers face. (See the many examples of [End Page 90] this view in Jacques Barzun and Henry Graff.5 ) Neither philosophical inquiry, nor logical positivism, nor the "new realism" approach that Ferrara proposes for research is free from observational error. The role of all research is to minimize error.A quick romp through some... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedThe Act of Being: The Philosophy of Revelation in Mullā Sadrā. By Christian Jambet. Brooklyn: Zone Books, 2006. Pp. 497. Hardcover $38.95.Analysis in Śaṅkara Vedānta: The Philosophy of Ganeswar Misra. Edited by Bijayananda Kar. New Delhi: Indian Council of Philosophical Research, 2006. Pp. xxv + 190. Hardcover Rs. 240.00.Bhakti and Philosophy. By R. Raj Singh. Lanham: Lexington Books, 2006. Pp. 112. Hardcover $65.00.Brahman and the Ethos of (...) Organization. By Leonard R. Silos. Paseo de Roxas: Asian Institute of Management, 2006. Pp. xix + 344. Price not given.Buddhist Inclusivism: Attitudes Towards Religious Others. By Kristin Beise Kiblinger. Burlington, VT: Ashgate Publishing Company, 2005. Pp. viii + 145. Hardcover $89.95.Classical Northern Wu Style Tai Ji Quan: The Fighting Art of the Manchurian Palace Guard. By Tina Chunna Zhang and Frank Allen. Berkeley: Blue Snake Books, 2006. Pp. xiii + 203. Paper $21.95.Classical Sāṃkhya and Yoga: An Indian Metaphysics of Experience. By Mikel Burley. London and New York: Routledge, 2007. Pp. xiv + 226. Price not given.Comparative Philosophy and Religion in Times of Terror. Edited by Douglas Allen. Lanham: Lexington Books, 2006. Pp. xiv + 257. Hardcover $62.00. Paper $32.00.Contemplative Science: Where Buddhism and Neuroscience Converge. By B. Alan Wallace. New York: Columbia University Press, 2007. Pp. vii + 211. Hardcover $29.50, £19.00.Contexts and Dialogue: Yogācāra Buddhism and Modern Psychology on the Subliminal Mind. By Tao Jiang. Honolulu: University of Hawai'i Press, 2006. Pp. xi + 198. Paper $20.00.Dialogue Transcultural. Edited by Yue Diayun et al. Nanjing: Jiangsu Peoples Press, 2006. Pp. 335. Price not given.Dōgen on Meditation and Thinking: A Reflection on His View of Zen. By Hee-Jin Kim. Albany: State University of New York Press, 2006. Pp. xiii + 169. Hardcover $65.50. Paper $21.95.The Garden of Loneliness: A Translation of Jayshankar Prasad's Āṅsū, "Tears." By Charles S. J. White. Delhi: Motilal Banarsidass, 2006. Pp. xv + 136. Hardcover Rs. 295. [End Page 608]The Happening of Tradition: Vallabha on Anumāna in Nyāyalīlāvatī. By Anna-Pya Sjödin. Stockholm: Elanders Gotab, 2006. Pp. 195. Price not given.Head, Eyes, Flesh, and Blood: Giving Away the Body in Indian Buddhist Literature. By Reiko Ohnuma. 2006. Pp. xvii + 372. Hardcover $45.00, £29.00.Hwa Yu T'ai Chi Ch'uan: Unlocking the Mysteries of the Five-Word Song. By Glenn D. Newth. Berkeley: Blue Snake Books, 2007. Pp. xiii + 160. U.S. $18.95. Can $24.95.A Jewish Philosopher of Baghdad: 'Izz al-Dawla Ibn Kammūna (d. 683/1284) and His Writings. By Reza Pourjavady and Sabine Schmidtke. Leiden and Boston: Brill, 2006. Pp. xii + 274. Hardcover $130.00, €100.Letting Be: Fred Dallmayr's Cosmopolitical Vision. Edited by Stephen F. Schneck. Notre Dame: University of Notre Dame Press, 2006. Pp. x + 382. Paper $35.00.Myth and the Existential Quest. By Vassilis Vitsaxis and translated by Deborah Brown Kazazis and Vassilis Vitsaxis. Boston: Somerset Hall Press, 2006. Pp. 301. Hardcover $49.95. Paper $39.95.Nietzsche-Buddha-Zarathustra: Eine West-Ost Konfiguration. By Michael Skowron. Daegu: Kyungpook National University Press, 2006. Pp. 293. Paper $18.00, Won 17,000.Popularizing Buddhism: Preaching as Performance in Sri Lanka. By Mahinda Deegalle. Albany: State University of New York Press, 2006. Pp. xiii + 241. Hardcover $65.00. Paper $21.95.Ramana Maharashi: The Sage of Arunachala. By Arvind Sharma. New Delhi: Penquin Group, 2006. Pp. 215. Hardcover Rs. 295.Readings in Han Chinese Thought. Edited and translated by Mark Csikszentmihalyi. Indianapolis and Cambridge: Hackett Publishing Company, 2006. Pp. xxx + 220. Hardcover $39.95. Paper $14.95.Religions of Korea in Practice. Edited by Robert E. Buswell Jr. Princeton and Oxford: Princeton University Press, 2007. Pp. xx + 542. Paper $24.95, £15.95.The Scripture on Great Peace: The Taiping jing and the Beginnings of Daoism. By Barbara Hendrischke. Berkeley: University of California Press, 2006. Pp. x + 410. Hardcover $60.00, £38.95.The Self 's Awareness of Itself: Bhaṭṭa Rāmakantha's Arguments against the Buddhist Doctrine of No-Self. By Alex Watson. Vienna: Sammlung de Nobili, 2006. Pp. 433. Price not given... (shrink)

The web creates manyopportunities for encroachment on intellectualproperty including trademarks. Our principaltask in this paper is an investigation into anunusual form of such encroachment: theimproper use of metatags. A metatag is a pieceof HTML code that provides summary informationabout a web page. If used in an appropriatemanner, these metatags can play a legitimaterole in helping consumers locate information. But the ``keyword'' metatag is particularlysusceptible to manipulation. These tags can beeasily abused by web site creators anxious tobait search engines and bring (...) scores ofvisitors to their sites. The law aboutmetatags is far from settled and many legalscholars are uncomfortable with the conclusionthat the unauthorized use of a trademark in ametatag represents infringement. How should weassess this practice known as ``spamdexing'' froma normative perspective? Is it commercial fairplay or something more sinister? We make thecase here that there are salient moral problemswith spamdexing since it exploits thereputational goodwill of trademark owners andconfuses consumers. It violates basic moralduties and it flouts the golden rule principle. Hence unauthorized use of a competitor'strademark in a metatag is not morallyacceptable. (shrink)

This essay attempts to explore trademark law and the marks themselves from a semiotic viewpoint to provide a deeper understanding to (trademark) law as a system of signs. Although the language of trademark law may suggest slightly different meanings, for the purpose of this essay “trademark” will refer to an area of law (unless otherwise indicated) and “mark” will refer to the individual sign. The first part of this essay will provide a brief overview of semiotics. Second, it will outline (...) a general look at trademark law as set forth in the Lanham Act. The third section is a semiotic approach to provide a deeper understanding of trademark law. Finally, the essay will analyze a seminal trademark case whilst using semiotics to address legal meaning within the case. Semiotics teaches that no absolute meaning can be found. This essay, then, attempts to secure at least one particular meaning of the Qualitex case and what it means in trademark law today. (shrink)

One of us [Gilbert, M.. “Collective Belief and Scientific Change.” Sociality and Responsibility. Lanham, MD: Rowman & Littlefield. 37-49.] has proposed that ascriptions of beliefs to scientific communities generally involve a common notion of collective belief described by her in numerous places. A given collective belief involves a joint commitment of the parties, who thereby constitute what Gilbert refers to as a plural subject. Assuming that this interpretive hypothesis is correct, and that some of the belief ascriptions in question (...) are true, then the members of some scientific communities have obligations that may act as barriers both to the generation and, hence, the fair evaluation of new ideas and to changes in their community’s beliefs. We argue that this may help to explain Thomas Kuhn’s observations on “normal science”, and go on to develop the relationship between Gilbert's proposal and several features of a group of physicists working on a fundamental physical theory called “string theory”, as described by physicist Lee Smolin [Smolin, L.. The Trouble with Physics. Mariner Books: New York.]. We argue that the features of the string theory community that Smolin cites are well explained by the hypothesis that the community is a plural subject of belief. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:688 JOURNAL OF THE HISTORY OF PHILOSOPHY 33:4 OCTOBER 1995 ters by Robert Payne and Gilbert Sheldon. (To my knowledge the only library in the United States that has The Theologian and Ecclesia.,tic is The Newbury Library in Chicago.) There are also letters in A Collection of Letters Illustrative of the Progress of Science, ed. J. Halliwell (London, 1840. Scholars in recent years have complained, usually justifiably, about the (...) cost of the books they need for their research. While $78.00 per volume is a lot of money, it would be well spent by anyone with a serious interest in the person or the philosophy of Thomas Hobbes. These volumes, judiciously building upon the great labors of previous scholars, are the single most important contribution to Hobbes scholarship in the twentieth century. A. P. MARTINICH University of Texas at Austin Jeff Jordan, editor. Gambling on God: Essays on Pascars Wager. Lanham, MD: Rowman and Littlefield, 1994. Pp. viii + 164. Cloth, $49.oo. Paper, $19.95. Jeff Jordan has put together nine essays which give those who want to gamble on God something to think about. Though only three of them are really about Pascalk wager, all of them are worth reading. The most entertaining paper is Roy A. Sorensen's "Infinite Decision Theory." Sorensen confronts the St. Petersburg Paradox, which stems from the fact that there are available wagers with a potentially infinite payoff on which no one would bet $ao. Suppose you are offered $2n for each throw of a standard balanced coin until a head turns up. N = the number of tosses. It could be a long time--forever--before heads turns up. By the time n = loo you would have a bag of gold bigger than the sun. But Sorensen says the right bet is at least $23,but not much more. It is also true that since we don't know which actions God will reward, any human action has a possible infinite payoff and since all such actions have the same potential payoff none is better than the others. (Some god was moved to save Coleridge's Ancient Mariner, who had kindly thoughts about water-snakes.) Sorensen also notes that it is often said (Pascal would have agreed) that persons can be of infinite worth. If so, is rescuing one drowning person as good as rescuing five? The total worth seems to be the same. (Luckily, if Cantor is to be believed, there are larger and smaller infinities.) Sorensen ends inconclusively, but he is right that decision theory needs to address the infinite. Pascal would have had something to say. He thought that his bet was morally good. To bet on God is to act as if God exists. One who treats everyone as saved behaves as if God exists. (You don't know who is saved, but if you treat the saved as damned God will be annoyed whereas if you treat the damned as saved you won't detract from their ultimate penalty.) You don't have to bet $3, you only have to do what you ought to do anyway. The incremental cost of the bet appears to be zero. Anyhow, Pascal thought that it was not the infinite payoff (in the sense of a life of bliss) which provided the main motive for the bet but the fact that the required action was one's moral duty. Moreover, nook REVIEWS 689 if everyone behaves as if everyone is saved the result is a world in which God could appear and not be crucified. To be sure, there is a chance of an infinite life. Pascal believed human beings are potentially infinite--as is shown by our capacity for extending our knowledge to the infinite--but we are also potentially nothing, as is shown by the fact that the person never really appears in our scientific accounts. It is through God that our infinity is to be achieved, and so betting on God is also betting on ourselves in a perfectly intelligible way. This involw~s a notion of infinity not explored in any of these essays, which makes it possible to share with God without changing the divine nature... (shrink)

Early 20th century philosopher Henri Bergson posited an initial push that propelled the diversity of life forward into a varied, novel future: The élan vital, a necessary force or impulse that animated life’s progress and development. His idea had largely been abandoned by mid-century. Even so, much of the conceptual and explanatory work this impulse targeted is yet in want of an explanation. In particular, Bergson’s derelict ideas on evolution addressed three areas that have once again become relevant in the (...) effort to unite evolutionary genetics, biological development, and ecological context : the purposeful nature of individual organisms and their parts; the integrative, holistic, non-linear emergent dynamics seen in evolutionary processes; and how genuine novelty emerges into the universe :422, 2016; Simondon et al. in On the mode of existence of technical objects. Univocal series, Univocal Publishing LLC, Minneapolis, 2017; Bang, in: Winther-Lindqvist, Bang, Valsiner Nothingness: philosophical insights into psychology, Transaction Publishers, Somerset, 2016; Moreno and Mossio in Biological autonomy: a philosophical and theoretical enquiry. History, philosophy and theory of the life sciences, Springer, Dordrecht, 2015). In this paper I argue that Bergson’s ideas may yet be relevant to these questions, and his work warrants a reexamination in light of current problems in evolutionary biology. This is not a call to ‘return’ to Bergson, nevertheless his notions about complexity suggest ways of looking at current biological problems in ways that offer a heuristic insight worth entertaining. Bergson’s Nobel Prize-winning book, Creative Evolution, provided a strikingly prescient early 20th century framework for understanding how Darwinian evolution acts as an engine for generating new forms, University Press of America, Lanham, Bergson 1911). (shrink)

One of us [Gilbert, M.. “Collective Belief and Scientific Change.” Sociality and Responsibility. Lanham, MD: Rowman & Littlefield. 37-49.] has proposed that ascriptions of beliefs to scientific communities generally involve a common notion of collective belief described by her in numerous places. A given collective belief involves a joint commitment of the parties, who thereby constitute what Gilbert refers to as a plural subject. Assuming that this interpretive hypothesis is correct, and that some of the belief ascriptions in question (...) are true, then the members of some scientific communities have obligations that may act as barriers both to the generation and, hence, the fair evaluation of new ideas and to changes in their community’s beliefs. We argue that this may help to explain Thomas Kuhn’s observations on “normal science”, and go on to develop the relationship between Gilbert's proposal and several features of a group of physicists working on a fundamental physical theory called “string theory”, as described by physicist Lee Smolin [Smolin, L.. The Trouble with Physics. Mariner Books: New York.]. We argue that the features of the string theory community that Smolin cites are well explained by the hypothesis that the community is a plural subject of belief. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Just Revolution: A Christian Ethic of Political Resistance and Social Transformation by Anna Floerke ScheidRamon LuzarragaJust Revolution: A Christian Ethic of Political Resistance and Social Transformation Anna Floerke Scheid lanham, md: lexington books, 2015. 208 pp. $84.00Anna Floerke Scheid argues that the Christian just war and just peacemaking ethical traditions lack a comprehensive ethic for revolutionary nonviolent activity and warfare. She proposes to fill this lacuna through (...) a theological exploration of what constitutes a just revolution. While Scheid maintains a consistent [End Page 212] preference for nonviolent resistance against tyranny, she remains open to the possibility of revolutionary warfare.The author articulates four stages of a just revolution. The first stage is jus ante, nonviolent resistance against a tyrannical government. Here the opposition develops a democratic and revolutionary vision of society that respects human rights, models that vision within its organizations, and resists through nonviolent acts. Second is jus ad, the stage where a tyrannical government eliminates all avenues for negotiation and represses peaceful resistance. This forces the revolutionary opposition to consider armed resistance as a last resort. Here Scheid grapples with two limitations of traditional just war theory. The first reserves the authority to start a war with governments. She argues that the legitimacy for a just revolution comes from a revolutionary organization's ability to envision and model a just society. Because a tyrannical government's authority is illegitimate, a revolutionary movement's just vision and practices gain for it a de facto legitimate authority. This legitimacy is reinforced by a revolutionary movement's ultimate intention to effect reconciliation with their oppressors postwar. The second limitation is the reasonable hope of success. Scheid analyzes the history of this criterion and demonstrates how it supports defensive wars despite the uncertainty of success. Oppressed persons, as the subjects of their own hope of liberation, ought to decide what constitutes the probability for success in fighting tyranny. Throughout this stage, revolutionary warfare must be practiced in tandem with continuing nonviolent resistance.The third stage is jus in, the justice practiced during armed revolutionary resistance. Fighting is deemed necessary to force a tyrannical government to negotiations. Meanwhile, revolutionary military units would work to minimize violence and loss of life. The last stage is jus post, the reconciliation needed to prevent revolutionary warfare from spiraling into revenge. Here the exercise of restorative justice—where responsibility for past injustices is assumed by all sides and a just resolution developed for social reconciliation and the development of a new, democratic society that respects human rights—is all important. Throughout the book, Scheid uses the African National Congress's revolutionary struggle against the South African apartheid government as a successful example of her theory in practice.Scheid's well-argued proposal deserves careful consideration by ethicists. Students will profit from her excellent summary of just war theory, where she brilliantly recovers some of its forgotten features. On the other hand, her concluding chapter considering the Arab Spring's potential for just revolution would have been stronger if she extended beyond a comparison to South Africa to incorporate similar features found in other successful revolutions. The 1986 Philippine People Power Revolution, the 1989 collapse of Eastern European Communist regimes, and the 1974 Carnation Revolution in Portugal come to mind. Moreover, important for South Africa's success was the durability of the [End Page 213] political institutions the British left behind. These institutions provided the framework that handled the transition of power from the pro-apartheid National Party to the post-apartheid African National Congress government. This feature could have been brought to light, as many recognize this structure as contributive to the peaceful transition of power in other countries that won independence through revolution, from the United States in the eighteenth century to India and the Caribbean in the twentieth.Ramon LuzarragaBenedictine University at MesaCopyright © 2018 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 350-353 [Access article in PDF] Book Review The Ways of Naysaying: No, Not, Nothing, and Nonbeing, The Ways of Naysaying: No, Not, Nothing, and Nonbeing, by Eva T. H. Brann; xviii & 249 pp. Lanham, Md.: Rowman & Littlefield Publishers, 2001, $35.00. This, the third of Eva Brann's trilogy on imagination, time, and naysaying respectively, is described by one of her colleagues as (...) her "cradle-to-grave book" (p. xvi). The word "naysaying" plays felicitously on the sound of the English word "nay" and the cognate Indo-European root "ne," which gives Brann a convenient starting-point for discerning what various forms of naysaying have in common. Note that this is saying rather than thinking, being, or doing, although the relations among these acts are a recurring concern in her discussion. Unlike some "postmoderns," Brann does not regard language as a self-contained arena with no reference outside of itself. Rather, for her, language is a convenient medium for thinking about what is extralinguistic, whether in the mind or elsewhere.Nor does she think that a word must necessarily have some underlying unity beneath its various meanings. In fact, heeding Wittgenstein's warning, she admits that "it is a pathologically bad craving to want a word to have one ultimate meaning, worse to look for one meaning over many words, and worst to assume that such a meaning may apply to a something beyond the realm of language." Nevertheless, she suggests, "this craving to look for one truth behind many appearances may be simply irradicable, being nothing less than the philosophical impulse" (p. xiv).Where does her "philosophical impulse" focus, on texts or on things? She explicitly tells us that texts are indispensable (at least for her) to get very far with the things themselves (p. 2). And so, in the course of her investigation, she attends to Parmenides, Plato, Aristotle, Anselm, Kant, Fichte, Hegel, Bergson, Frege, Meinong, Russell, Whitehead, Dewey, Heidegger, and Wittgenstein, among others. Nonetheless, she begins by noticing a sort of willful denial that is pre-linguistic and "speechless" (the contrariness of an infant), and she ends with the nothingness that is void of all language and everything else. These two topics, expressed by the words "No" (Chapter One) and "Nothing" (Chapter Six) respectively, "frame" her inquiry (p. 42). Along the way she always has an eye to what lies behind or beyond language, in the world or in the mind, with a chapter each for "Not," "Nonexistence," "Nonbeing," and "Negativity." She [End Page 350] says that Chapter Four, concerning "Nonbeing," is the center and philosophic focus of her study. Brann's chapters thus represent the six big divisions for organizing her observations. Indeed, for Brann, the plurality of naysayings "seems to fall naturally" into her sixfold division (p. xiv).Thoughtfully pondering this structure takes the reader a long way toward understanding the work (in both senses of "work": the thought itself and the text which records that thought). The chapter divisions progress from the willful, through the logical, the imaginative, the philosophic, and the dialectical, to end, as we noted, in the absolute Nothing, the "antagonist of Being." For instance, the distinction between the first two--the willful and the logical--is the distinction between the personal (denial) and the impersonal (negation). In considering willful denial, Brann understands the will to be a "willingness, inclination, readiness"--usually "determinate," "focused and active" (p. 7). Likewise, negation also has a personal origin: "Negation arises from the human desire and ability to make distinctions; it is (most likely) grounded in the opposition and polarities that belong to beings (of which the first... is surely that of thinking itself to its object, be it ideal or real)" (p. 29f.). Thus, although logical negation seems to originate in the personal subject there is something quite detachable and impersonal about logical formulations, so that Heraclitus "bids people hear his truth 'not listening to me but to the logos,' the cosmic collecting and distinguishing power" (p. 128). So the logos that begins for us as "reason manifested in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Princess and the Philosopher: Letters of Elisabeth of the Palatine to Rene DescartesRichard A. WatsonAndrea Nye. The Princess and the Philosopher: Letters of Elisabeth of the Palatine to Rene Descartes. Lanham, MD: Rowman & Littlefield, 1999. Pp. xiii + 187. Cloth, $57.95. Paper, $18.95.Princess Elisabeth was an acute, persistent critic of Descartes's philosophy. Because he liked her and she was a princess, Descartes did not dismiss (...) her criticisms as he did those of Gassendi and Hobbes. How can an immaterial mind interact with a material body? How can God determine all our actions and yet give us free will? Elisabeth was dissatisfied with Descartes's answer that an all-powerful God can do anything even if we cannot understand how.Andrea Nye analyzes the correspondence between Elisabeth and Descartes to support the thesis that Elisabeth developed and defended a worldly philosophy of life in opposition to the unworldly rules Descartes offered for living a tranquil and happy life. Descartes said she should focus on the separation of the mind from the body to avoid disturbing the intellect with sensory matters. Think positively about such nice things as birds and flowers and not of bad things that happen to one. Descartes told Elisabeth that "there are no events so dreadful, nor so absolutely bad in the judgments of people, that a person of spirit cannot look on them with a bias that makes them appear favorable" (48). If we do our best to find out the right course of action and act accordingly, then even if the results are bad, we have no reason for remorse or recrimination, but can be happy that we have done the best we can. Descartes even says that a person who follows his rules can view everything that happens to him, even the worst, as though these events were taking place in a theatre, for in the end they do not impinge upon the ultimate happiness of one's immortal soul.Elisabeth, earnestly. sardonically, and sometimes with annoyance responds that this is perhaps possible for a single man of independent means with few civil and personal relationships, but for someone engaged in family affairs, royal politics, and social interaction with other human beings, Descartes's philosophy of life is both impossible and wrong. One never knows what is best; even if one did know, it is difficult to carry it out; and finally, if the results are bad, then one is after all responsible. One would be inhuman to deny fault, monstrous to deny moral responsibility. Above all, Elisabeth says, one should not view one's own life as theatre. One must be responsible for oneself and others.Nye casts this as a difference between Descartes's abstract and Elisabeth's particularist approaches to life, but also as a contrast between those who can live a disengaged life and those who cannot. Some of the amusement in Nye's perceptive discussions comes from her showing how Descartes's passions often run away with him, and how Elisabeth gently turns his own rules back onto him. [End Page 277]Nye's analyses of the correspondence are excellent, but she makes some mistakes about the lives of Descartes and Elisabeth. Nye explains Descartes's coolness by his having suffered from a "motherless infancy" (129), even speaking of "the mother's milk denied him as a child" and calling him an "orphan" (156), which he was not. His mother died thirteen months after his birth, but he had a wet nurse. Descartes may never have tasted his own mother's milk, but he was never deprived of nursing. Children were often sent to live with wet nurses for as long as four years, although Descartes is traditionally said to have been raised by his grandmother. In any event, such psychoanalyzing is off the mark.Nye also says that Descartes was asked by Queen Christina to write a ballet. She cites the wrong ballet and attributes a verse from the right ballet incorrectly, but beyond that, there is no evidence either that Descartes wrote verses for a ballet or that Christina asked him to.Then Nye speaks of Descartes's daughter Francine... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Biblical Economic Ethics: Sacred Scripture’s Teachings on Economic Life by Albino BarreraRaymond Kemp AndersonBiblical Economic Ethics: Sacred Scripture’s Teachings on Economic Life By Albino Barrera LANHAM, MD: LEXINGTON BOOKS, 2013. 353 PP. $89.65; KINDLE, $54.49You will not find much direct application of biblical theology to pressing economic issues in this book. Albino Barrera, a Dominican monk who teaches economics and theology at Providence College, gave us that (...) in well-received earlier works on market complicity, political economy, and the evils of scarcity. Keeping to this book’s title, he now gives us a remarkable collation of recent studies on the social and theological contexts of the Bible itself. He seems quite confident that given a comprehensive review, we will intuit modern implications for ourselves and be drawn closer together by our common heritage.Written for a wide audience, Barrera’s clear and readable book compiles fascinating snapshots of the diverse cultural situations and beliefs that unfold across the millennium-spanning canon. Even biblical scholars will enjoy this lively, up-to-date tour of their field.As a monastic, Barrera is careful to show that those New Testament texts that seem to call for divestment of property describe a situation-related special calling and do not make poverty an end in itself. Yet he stresses how the “preferential status of the poor” and the “devaluation of wealth” are prime norms that recur throughout both the Old Testament and New Testament and that he sees backed by both revelation and natural experience.One may find the book limited by the procrustean selectivity that seems inevitable when pre-formed notions (e.g., what is proper to our modern discipline of ethics or to the field of economics) shape our apperceptions of ancient [End Page 205] peoples’ concerns. From Barrera’s viewpoint, ethics has to do primarily with the promulgation and refinement of set norms. So his main goal is to uncover abstract principles and norms for behavior that recur insistently across scripture’s enormous diversity. This, he does beautifully. But in the process, he lets the recurrent trump the emergent.For example, Barrera seems to not fully appreciate the revolutionary impact where Jesus finally declares it impossible for people to bolster their personal stature by pursuing such norms (see, e.g., Mk 10:27). Little attention is given the apostles’ insistence (with Ps 14 and Ps 53) upon this same ethical impasse. For when they find the normative redefined by Christ’s excruciatingly holistic love command, they not only discover their own incapacity but also find themselves catapulted into the totally grace-dependent motivational dynamic described by Paul’s Christian freedom (Rom 3:12, 5, passim, 11:32; Gal 3:22; Jas 2:10).Evidently preoccupied by his quest for the normative, Barrera bypasses the historical priority of Paul and virtually ignores how his grace-responsive freedom pervades the later Gospels and Acts. (He relegates the Paul material to the tail end and accords it but a fraction of the space.)Freedom for Barrera is a social norm—freedom from oppression, slavery, poverty, hunger, and so forth (and he forcefully shows how this is a recurrent theme). But was not Paul, like Jesus before him, hounded and persecuted for his notorious freedom in the use of norms—even those of Mosaic law? Did not the Gospel reduce the normative to a minimum in favor of life-shaping, person-responsive love as the free gift or “fruit of the Spirit”? All of us—the rich and powerful, along with the poor and oppressed—discover our corporate brokenness exposed before God’s grace. Yet in our concomitant response to that same grace, we find our actions newly motivated and gradually reshaped—bonded into covenant community through his judgment of healing re-creation.Again, Barrera does well to stress Sabbath law’s normative force, as mandating times of rest. But one could wish to hear more on how the apostles parleyed this priestly provision into something new, in joyful direct response to a gracious Lord—a freely sabbatic, playfully creative ethic. [End Page 206]Raymond Kemp AndersonWilson CollegeCopyright © 2015 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Imagination in Inquiry by A. Pablo IannoneAmy KindIANNONE, A. Pablo. Imagination in Inquiry. Lanham, Md.: Lexington Books, 2022. xxvi + 254 pp. Cloth, $110.00; eBook $45.00Though imagination is often associated with the fanciful and the fictional, over the course of the last decade philosophers have begun to devote considerable attention to more practical uses of imagination. Philosophers of imagination have increasingly focused on ways in which imagination (...) can play an important epistemic role in activities such as decision-making, planning, and scientific discovery; more generally, there has been attention to a variety of ways in which imagination can teach us about the world in which we live. Iannone’s discussion in Imagination in Inquiry can be seen as part of this general trend—even if his discussion is not itself situated directly within contemporary philosophy of imagination but, rather, in a broader interdisciplinary approach.Iannone works with an expansive conception of what imagination is. In his view, we should not limit our understanding of imagination simply to the ability to generate images. Rather, imagination is a diverse set of different abilities that aim “at figuring out cognitively, emotively, or practically, alternatives for dealing with actual, probable, plausible, foreseeable, or merely possible challenges or problems, abstract or concrete, theoretical or practical being faced, or notions being considered, and determining or deciding which is (are) preferable in the circumstances, and acting accordingly.” Moreover, this set of abilities should not be seen as operating in isolation; rather, imagination functions as part of an ecology of human abilities. Iannone refers to his view of imagination as the “homeostatic model,” so called because he sees imaginative processes as maintaining stability by way of a system of self-correcting feedback and methods for incorporating and adjusting to any new information received.Iannone also operates with an expansive conception of what counts as practical use of imagination. In his view, imagination is put to practical use in a wide range of circumstances, for example, when a dancer imagines the next steps of a dance in the process of spontaneous improvising, when a combatant imagines how to block an expected blow from an opponent, and when an environmental activist imagines a new set of corrective policies to address pollution. All these uses fall under the activity of what Iannone calls “inquiry,” that is, the activity of finding a solution to a problem or challenge. The problems and challenges that might prompt the use of imagination can be both personal and interpersonal, and the imaginative processes used will involve strategies such as discovery, creation, and anticipation.In the first part of the book, Iannone develops his basic conceptual apparatus. In the next part of the book, he puts this apparatus to work in the context of philosophy, that is, he shows how imagination plays a role in philosophical inquiry. In the third part of the book, he looks at the role of imagination in other disciplines such as sociology and psychology. Here, the interdisciplinary nature of his discussion is especially on display. In the fourth part of the book, he applies his model of imagination to a number of different contexts; in particular, he discusses the role of [End Page 354] imagination in language, in humor, in vision (both at the personal and the societal level), and in morality. Finally, the last part of the book offers a variety of case studies involving dance, technology, and artificial intelligence. Of the four chapters in this part of the book, three are written by other authors: two by Alejandra Iannone, a scholar and practitioner of dance and theater (and the author’s daughter), and one by Rocci Luppicini, an expert in technology studies. In light of the explosive pace with which new AI technologies are being developed, the book’s discussion of whether and how such technologies present challenges for our capacity for imagination is especially timely and important.In addition to affirming the practical importance of imagination, Iannone also affirms the practical importance of nurturing imagination—something he repeats at several points throughout the book. But how do we do this? One natural way that imagination is nurtured is simply by its regular use... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Sport Realism: A Law-Inspired Theory of Sport by Aaron HARPERTim ElcombeHARPER, Aaron. Sport Realism: A Law-Inspired Theory of Sport. Lanham, Md.: Lexington Books, 2022. viii + 172 pp. Cloth, $95.00At a crucial moment in the 2019 World Series all six on-field umpires, in communication with Major League Baseball’s headquarters, engaged in an 8-minute discussion to determine if a baserunner should be called out for interference. The deliberation (...) stemmed from a tension between the formal rules of baseball and the game’s unwritten rules about a baserunner’s traveled path to first base. This example of a “hard case” in sport officiating sets Aaron Harper’s book Sport Realism: A Law-Inspired Theory of Sport in motion. Harper’s aim in Sport Realism is to provide a new “theory of sport” drawing primarily from American legal realism—and supplemented by philosophical pragmatism and virtue jurisprudence. Sport realism, Harper argues, serves as the best resource to understand how rules are applied in sport and how officials make in-game decisions, and it highlights the importance of participants being able to develop an expectation for how calls will be made in the future and to make difficult normative judgments.In chapter 1, Harper provides an excellent overview of the sport philosophy literature related to “theories of sport.” Using a chronological approach, he develops a clear and extensive “history” of the evolution of the field’s most influential theories and their connections to legal theory. Harper summarizes how formalism’s rigid commitment to “constitutive” rules that supposedly define a sport led to criticisms from conventionalists who alternatively generated their account of how nonwritten rules or a sporting ethos defines how a sport is played. However, the laissez-faire nature of conventionalism, as well as the inflexibility of formalism, gave rise to now-dominant interpretivist theories of sport that Harper covers in significant detail. Primarily inspired by Ronald Dworkin, philosophers developed theories that relied on the interpretation of principles that affirmed a sport’s point and purpose. Emergent formulations of interpretivism—from realist accounts to antirealist/historicist versions—all relied on the interpretation of some essential starting point (rules, principles, ethos, deep conventions) to both explain sport and provide officials with normative guidance.Harper regularly lauds interpretivism as the best theory of sport developed to date. However, in chapter 2 he highlights deficiencies with interpretivist accounts via two case studies: New York Yankees’ pitcher Michael Pineda’s “illegal” use of pine tar to improve his grip on the [End Page 147] baseball, as well as Tiger Woods taking a favorable drop after hitting his golf ball into a water hazard. From these two cases, Harper concludes that all variations of interpretivism (from realist to antirealist accounts) fall short in the purpose of developing a theory of sport: to both explain sport (Pineda case) and give a wide swath of formal and informal decision-makers tools to make difficult ethical judgments (Woods case).Harper turns to American legal realism in chapter 3 to develop a superior theory of sport. Crucial to Harper’s sport realism account is Oliver Wendell Holmes’s resistance to understanding law as a set of rules or principles, and instead as an ongoing process of “policymaking” best characterized by the role of the appellate courts. “Understanding the law” from a Holmes perspective, Harper writes, “entails successful prediction of how courts will act in deciding cases... which actions will, in fact, prompt sanction by a court.” This alternative view of the law led to the rise of American legal realism—and subsequently serves as the source of Harper’s sport realism account sketched out in the latter half of chapter 3. According to sport realism, sport ought to be explained by how “it is actually played in order to provide a more accurate account of sport as an activity.” This “best explanation of sport” therefore “provides normative guidance” for sporting challenges.Continuing his development of sport realism, Harper sets out in chapter 4 to define cheating as “an instance of rule-breaking [that] warrants a restorative sanction given by sport officials, and we would expect such sanction to be given if the action... (shrink)

This essay argues that nonlinguistic animals qualify not just for externalist notions of rationality (maximizing biological fitness or utility), but also for internal ones. They can act for reasons in several senses: their behaviour is subject to intentional explanations, they can act in the light of reasonsprovided that the latter are conceived as objective facts rather than subjective mental statesand they can deliberate. Finally, even if they could not, it would still be misguided to maintain that animals are capable only (...) of (mechanical) behaviour, not of (intentional) action. (shrink)

_Insensitive Semantics_ is an overview of and contribution to the debates about how to accommodate context sensitivity within a theory of human communication, investigating the effects of context on communicative interaction and, as a corollary, what a context of utterance is and what it is to be in one. Provides detailed and wide-ranging overviews of the central positions and arguments surrounding contextualism Addresses broad and varied aspects of the distinction between the semantic and non-semantic content of language Defends a distinctive (...) and explanatorily powerful combination of semantic minimalism and speech act pluralism Confronts core problems which not only run to the heart of philosophy of language and linguistics, but which arise in epistemology, metaphysics, and moral philosophy as well. (shrink)

Rae Langton and Jennifer Hornsby argue that there may be a free-speech argument against pornography, if pornographic speech has the power to illocutionarily silence women: women's locution ‘No!’ that aims to refuse unwanted sex may misfire because pornography creates communicative conditions where the locution does not count as a refusal. Central to this is the view that women's speech lacks uptake, which is necessary for illocutionary acts like that of refusal. Alexander Bird has critiqued this view by arguing that uptake (...) is not necessary for the illocutionary act of refusal. The Hornsby-Langton view, then, is philosophically indefensible. Here I defend the philosophical cogency of the Hornsby-Langton approach. (shrink)

This essay argues that non-linguistic animals qualify not just for externalist notions of rationality (maximizing biological fitness or utility), but also for internal ones. They can act for reasons in several senses: their behaviour is subject to intentional explanations, they can act in the light of reasons - provided that the latter are conceived as objective facts rather than subjective mental states - and they can deliberate. Finally, even if they could not, it would still be misguided to maintain that (...) animals are capable only of (mechanical) behaviour, not of (intentional) action. (shrink)

I propose a version of the act‐type theory of propositions, following Hanks and Soames. According to the theory, propositions are types of act of predication. The content of a sentence is the type of such act performed when that sentence is uttered. A consequence of this theory is that the structure of the content of a sentence will mirror the structure of that sentence. I defend this consequence of the theory from two important objections. I then argue that this theory (...) is well motivated because it can be part of a theory of what is said. (shrink)

Book reviewed in this article: Balancing Act: The New Medical Ethics of Medicine's New Economics. By E. Haavi Morreim.

In this paper I reconsider Sweetser's proposal to include 'speech-act modality ' in the categories of modality expressed by natural language alongside the traditional cases of root and epistemic modality. I propose a reanalysis of her examples using the relevance-theoretic notion of metarepresentation. Rather than assuming that there is a separate speech-act domain for modal operators in natural language to range over, I suggest that the material embedded under modal operators is sometimes used metarepresentationally, a possibility which is independently motivated (...) and well manifested in other logical operators. © 2000 Elsevier Science B.V. All rights reserved. (shrink)

Recent discussions of the notion of the act in Lacan and Žižek have made the act out to be something like a stand in for the old idea of freedom. And so, the debate tends to be about whether acts are spontaneous or not, whether they result from decisions coming from a conscious subject or not, and what relation acts have to the circumstances that precede them. But much of this debate may be a red herring. I will be taking (...) the view here that, despite important similarities, the major difference between Badiou and Žižek on this point can be traced back to their differing views on the subject. By thinking the subject as a void, or as negative, Žižek’s subject looks more like a decisionist, even Sartrean subject. Badiou’s subject seems more fully post-phenomenological, and this difference has an important effect on how the act is conceived in his work.How Badiou’s subject fits within a psychoanalytic perspective is something I will explore in my second part. Badiou’s theory seems to have taken a psychoanalytic and Lacanian perspective very much to heart when thinking about the act. I will explain how this is so by using two models for an act coming from two different artistic practices: the surrealist practice of automatic writing, which I will compare to psychoanalytic free association, and the practice that Marcel Duchamp dubbed “over-censorship,” which I will compare to “working-through”. Each gives us a different model for the production of truth, and, in line with Badiou’s call to become the “pitiless censors of ourselves,” I argue that Duchamp’s technique has quite a bit to teach us about the structure of an act. It also helps to shed light on some aspects of Žižek’s view. (shrink)

-/- Following the Mental Capacity Act (MCA) becoming law in 2005, and prior to its coming into force in 2007, there was a sustained effort to train support staff in the many social care settings where this new law was applicable. This training drive was necessary because, prior to the MCA, mental capacity law had evolved in the courts through consideration of a small number of cases that concerned serious medical treatments. These included the withdrawal of artificial nutrition and hydration (...) (Airedale NHS Trust v. Bland [1993]), blood transfusion (Re T [1993]), tissue donation (Re Y [1997]) and the provision of experimental medication for terminal illness (Simms v. Simms and another (2003)). In line with the Law Commission’s recommendations, the MCA extended the application of the law to ‘all acts in connection with care or treatment’ (MCA, Section 5), meaning that, overnight, social care settings and informal family care environments immediately fell within the scope of the legislation. (shrink)