In lieu of an abstract, here is a brief excerpt of the content:Breathing Without a Head:Plant Respirations in John Gerrard's Smoke TreesOrchid Tierney (bio)About two hours from where I grew up in Invercargill, Aotearoa New Zealand, is a large finger lake called Lake Wakatipu. The lake is nested in the Southern Alps of the South Island and, at the extremes, its body measures three miles wide and fifty-two miles long. The surrounding mountains are haunting in the evenings when the (...) coniferous wildlife is silent, and for as long as I can remember, Wakatipu has been called the breathing lake. I must have read this moniker on a brochure or travel poster in a hotel or a restaurant—I used to visit the area around the lake regularly during the winter months as a child—but according to local legend, it is the beating heart of a taniwha—an ogre called Matau—that causes the lake's respirations. Matakauri, the hero of this particular myth, set alight the ogre whilst he slept in order to rescue his beloved Manata, the beautiful daughter of a local chief, whom the taniwha had kidnapped. As Matau burned, he left behind his heart, which continued to beat rhythmically in the years that followed Matakauri's daring rescue. The myth brilliantly invokes the scientific expertise of the local Indigenous people, for the lake really does rise and fall regularly throughout the day. Despite being landlocked, Wakatipu has an observable seiche, or standing wave, that occurs every 26.7 minutes and results in a tide that rises and falls almost eight inches. Of course, the seiche is the Western scientific explanation for the lake's regular aquatic behavior. The lake breathes because Matau's heart is still beating.Wakatipu's origin myth proposes a respiration that is both wonderfully metaphorical and scientific, but it also raises questions about the embodiments of breath itself. Namely, I'm curious here as to who is an agent of breath? Who and what breathes? Who can breathe easily in the Anthropocene? Who can breathe easily at all? And yet: what an unnecessarily [End Page 14] cruel question this is when so many people nowadays cannot breathe fluently or joyfully in a global pandemic. Over the course of the past two years, the ventilator has become a vexed symbol of the persistence of life, of political incompetence. Of medicalized racial injustice. The lungs that strain against the COVID-19 virus are sometimes the same lungs that have historically struggled against anthropogenic non-viral forms of air pollution. Industrial air pollutants are indicators of systemic racism, imperialism, colonialism, and the uneven urban distributions of risk. Indeed, in December 2020, a British coroner ruled, for the first time in legal history of the United Kingdom, that emissions of nitrogen dioxide and particulate matter on the South Circular Road of London were the cause of nine-year-old Ella Kissi-Debrah's acute respiratory failure in February 2013 (Laville). Toxic airborne pollution is vile matter that forcibly connects gentle lungs with racialized environments. As Timothy Choy notes, "Air muddies the distinction between subjects and environments, and between subjects. This thickness and porosity rendered by air is part of what makes the air and the airborne such deeply felt elements" (157). We, human animals, are too porous for the heavy industry and traffic routes that fill the air and the softness of our lungs. And so: we know the matter of the air by the smoothness of respiration; we feel the keen politics of the air when breathing is labored.I can point to numerous examples where respiration in the context of human life is fraught. Indeed, the act of breathing foregrounds the buoyancy of humanity and the formations of life. I want to acknowledge and hold those complexities because breathing in relation to human life, especially for populations of color, disabled people, and transgender communities, is not yet guaranteed. And I want to consider additionally, who and what has been excluded from the formulations of breathing more generally, and how breathing itself has been anthropomorphized at the expense of other forms of more-than-human life. As Jane Bennett suggests, "humans are always in composition with nonhumanity, never outside of a sticky... (shrink)

In a 2020 article in Analysis, Lippert-Rasmussen argues that the moral equality account of the hypocrite’s lack of standing to blame fails. To object to this account, Lippert-Rasmussen considers the contrary of hypocrisy: hypercrisy. In this article, I show that if hypercrisy is a problem for the moral equality account, it is also a problem for Lippert-Rasmussen’s own account of why hypocrites lack standing to blame. I then reflect on the hypocrite’s and hypercrite’s standing to self-blame, which reveals that the (...) challenge hypercrisy poses for accounts of standing is different from the challenge Lippert-Rasmussen articulates. (shrink)

In a recent essay, Deery and Nahmias :1255–1276, 2017) utilize interventionism about causation to develop an account of causal sourcehood in order to defend compatibilism about free will and moral responsibility from manipulation arguments. In this paper, we criticize Deery and Nahmias’s analysis of sourcehood by drawing a distinction between two forms of causal invariance that can come into conflict on their account. We conclude that any attempt to resolve this conflict will either result in counterintuitive attributions of moral responsibility (...) or will undermine their response to manipulation arguments. (shrink)

Traditionally, theories of moral responsibility feature only the minimally sufficient conditions for moral responsibility. While these theories are well-suited to account for the threshold of responsibility, it’s less clear how they can address questions about the degree to which agents are responsible. One feature that intuitively affects the degree to which agents are morally responsible is how difficult performing a given action is for them. Recently, philosophers have begun to develop accounts of scalar moral responsibility that make use of this (...) notion of difficulty (Coates and Swenson 2013; Nelkin 2016). In this paper, I argue that these accounts, although innovative, are incomplete. The degree to which agents are morally responsible is determined not only by the difficulties that agents face but also by the quality of the reasons for which they act. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.2 (2001) 301-312 [Access article in PDF] Kant on Property: The Problem of Permissive Law Brian Tierney In a pathbreaking article published in 1982 Reinhold Brandt called attention to the significance of the concept of permissive natural law in Kant's political philosophy. Brandt noted that Kant's "rightful concept of practical reason" or "permissive law of practical reason" was of fundamental importance for (...) understanding the whole theory of the Rechtslehre, and he complained that the issue had been virtually ignored in the recent secondary literature. 1 Since then others have taken up the theme, but it remains relatively neglected in the vast modern literature on Kant. In the work of Brandt and in some other recent explorations of this question a primary concern has been to relate Kant's doctrine to other aspects of his critical theory. Brandt himself, for instance, compared the "provisional" and "peremptory" rights mentioned in the Doctrine of Right with the "problematic" and "assertoric" judgments of the Critique of Pure Reason. The problem that I want to consider is rather different. In the following study I want to consider primarily the internal structure of the Doctrine of Right and specifically to ask whether Kant's appeal to permissive natural law served a constructive purpose in the theory of property that he presented in that work or whether it was perhaps subversive of the argument that he developed. 2 This will require [End Page 301] some discussion of the other usages of the idea of permissive law that we find scattered in Kant's later writings. In pursuing such an inquiry we encounter various difficulties and apparent anomalies in Kant's teaching. I want finally to suggest that we might understand those difficulties better if we were to situate Kant's work in a broader historical context than those that have previously been considered, bearing in mind that the concept of permissive natural law had been discussed by jurists and political philosophers for several centuries before Kant took up the argument. Kant on Property When approaching Kant's Doctrine of Right it may be salutary to recall a remark of Mary Gregor, the translator of the work and a sympathetic reader of it. "Kant has never been accused of underestimating his readers," Gregor wrote, "but he seldom treats them so harshly." 3 The difficulty of the work is compounded by the fact that the text as we have it is apparently in a mutilated condition, with some passages transposed from their original contexts. Any reading of such a text will be open to dispute; but it seems necessary to attempt at least an outline of Kant's doctrine and to mention some of its complexities if we are to understand the function of permissive natural law in the argument presented.Kant's purpose was to formulate a doctrine of property based on reason alone, a doctrine in which "abstraction is made from all spatial and temporal conditions." 4 The principles he deduced were intended to apply to anyone "merely because and insofar as he is free and has practical reason." 5 The whole subsequent argument revolved around these concepts of practical reason and human freedom. Kant began by presenting some basic propositions and definitions. Obligation, he wrote, was "the necessity of a free action under a categorical imperative of reason." And an action was permitted or licit when it was not contrary to obligation. This freedom of action was called a moral faculty (facultas moralis). 6 According to Kant, the only innate right inhering in all persons was a right to freedom (defined as "independence from being coerced by another's [End Page 302] choice") insofar as this freedom could coexist with the freedom of all others. 7 A corresponding universal law of Right established the rule: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone in accordance with a universal law." 8External laws imposed by another evidently did hinder one's freedom. Kant therefore held that a person was... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 381-399 [Access article in PDF] Permissive Natural Law and Property: Gratian to Kant Brian Tierney In his Doctrine of Right Kant set out to formulate a theory of property that would be based on purely rational argumentation, that would abstract "from all spatial and temporal conditions," and that would be applicable to any person, "merely because and insofar as he (...) is free and has practical reason." But from the time when the work first appeared Kant scholars have found many difficulties in the teaching that he presented. Many of them relate to the idea of permissive natural law that Kant introduced at a key point to his argument.In a previous, complementary article I discussed in detail various apparent aporias that arose in Kant's treatment of this concept and suggested that we might understand his problems better by setting them in a broader historical context than those considered in standard works like those of Reinhard Brandt and Wolfgang Kersting. 1 This is the theme that I want to explore further in the present paper.To sum up briefly some of the difficulties in the Doctrine of Right: A central problem for Kant was to explain how rightful possession of individual property could emerge from a hypothetical state of nature where everything was common to all, where everyone had a right to everything. His argument was grounded on a concept of freedom understood as "a pure rational concept." Kant maintained that every person had an innate right to freedom and from this he deduced a universal law of Right: "[S]o act externally that the free use of your choice can coexist with the freedom of everyone." 2 But the person who first seized for himself what had been common to all evidently did encroach on the freedom of others (their freedom to use the property that had been taken). [End Page 381]To address this problem Kant formulated a "postulate of practical reason" concerning property. Citing the Roman law doctrine of res nullius he argued that external things could in principle be acquired. 3 Then he restated the postulate as a permissive law that obliged others to respect the claim of a first occupant. "This postulate can be called a permissive law (lex permissiva) of practical reason which gives us an authorization... to put all others under an obligation, which they would not otherwise have...." 4 But to put others under an obligation is to encroach on their freedom, which would be a violation of the universal law of Right. For Kant, laws that could be discerned by reason alone without promulgation by a legislator, were understood to be natural laws. 5 The universal law of Right and the permissive law of practical reason were both laws of this kind. It seems therefore that natural law contradicted itself. It prohibited and permitted an action at the same time.Other difficulties arose as the argument proceeded. Kant repeatedly asserted that rightful possession must depend on consent expressed in "a collective general (common) and powerful will," "a will that is united originally and a priori"; 6 but he acknowledged that such a general will would not exist in a state of nature before the institution of civil society and that an act of original acquisition would necessarily proceed from a unilateral will. "But the will that a thing is to be mine... can be only unilateral." 7 And yet Kant also wrote, "By my unilateral choice I cannot bind another to refrain from using a thing, an obligation he would not otherwise have." 8 Kant never did explain how a permissive law, allowing a person to act unilaterally, could impose an obligation on others.In my earlier discussion of Kant's work I indicated that it might be fruitful to approach these difficulties by investigating some previous ways of using the language of permissive natural law, especially as it related to the origin of property rights. There is indeed a whole earlier tradition of thought to be considered. An investigation of this material... (shrink)

In this paper, we review Keith Lehrer’s account of the basing relation, with particular attention to the two cases he offered in support of his theory, Raco (Lehrer, Theory of knowledge, 1990; Theory of knowledge, (2nd ed.), 2000) and the earlier case of the superstitious lawyer (Lehrer, The Journal of Philosophy, 68, 311–313, 1971). We show that Lehrer’s examples succeed in making his case that beliefs need not be based on the evidence, in order to be justified. These cases show (...) that it is the justification (rather than the belief) that must be based in the evidence. We compare Lehrer’s account of basing with some alternative accounts that have been offered, and show why Lehrer’s own account is more plausible. (shrink)

Liberty and Law examines a previously underappreciated theme in legal history―the idea of permissive natural law. The idea is mentioned only peripherally, if at all, in modern histories of natural law. Yet it engaged the attention of jurists, philosophers, and theologians over a long period and formed an integral part of their teachings. This ensured that natural law was not conceived of as merely a set of commands and prohibitions that restricted human conduct, but also as affirming a realm of (...) human freedom, understood as both freedom from subjection and freedom of choice. Freedom can be used in many ways, and throughout the whole period from 1100 to 1800 the idea of permissive natural law was deployed for various purposes in response to different problems that arose. It was frequently invoked to explain the origin of private property and the beginnings of civil government. Several kinds of permissive natural law were identified. Permission could be positive or negative, depending on whether it was specifically conceded by a legislator or only tacitly allowed. It could free from sin or merely remit some temporal punishment that was due. It could commend some conduct without commanding it or permit some evil without condoning it. Medieval canonists used the concept of permissive natural law to harmonize the discordant texts that they found in their sources; William of Ockham found it a powerful tool in his defense of Franciscan poverty against papal criticisms; for Richard Hooker it justified both the constitutional structure and the ritual practices of the Anglican church; John Selden used it to uphold the inviolability of contracts, most importantly the contract of government; Hugo Grotius made it a central theme in his treatment of the conduct permissible in waging war; in the eighteenth century Jean Barbeyrac and Jean-Jacques Burlamaqui associated the idea with the emerging doctrine of natural rights. In Liberty and Law, Tierney has presented us with a magisterial and provocative way of interpreting legal history. (shrink)

This article develops the affirmative biopolitics that Roberto Esposito intimates in his trilogy – Communitas, Immunitas and Bı´os. The key to this affirmative biopolitics lies in the relationship between the munus, a form of gift that is the root of communitas and immunitas, and the gift discourse that developed throughout the 20th century. The article expands upon Esposito’s interpretation of four theoretical sources that are crucial to his biopolitical perspective: Mauss and the gift-exchange tradition; Hobbes’s social contract theory, which Esposito (...) presents as the anti-gift that founded modernity’s thanatopolitical ‘immunization paradigm’; Bataille’s dangerous concept of sacrifice, which gestures toward an affirmative biopolitical community; and, finally, Jean-Luc Nancy’s essay, L’Intrus, which reflects on the near-decade Nancy lived as the recipient of the gift of a transplanted heart. This discussion of Mauss, Hobbes and Bataille is used to further develop Esposito’s interpretation of L’Intrus in a manner that supports his conception of an affirmative biopolitics ‘of, not over, life’. (shrink)

Recent work on blameworthiness has prominently featured discussions of guilt. The philosophers who develop guilt-based views of blameworthiness do an excellent job of attending to the evaluative and affective features of feeling guilty. However, these philosophers have been less attentive to guilt’s characteristic action tendencies and the role admissions of guilt play in our blaming practices. This paper focuses on the nature of guilty confession and argues that it illuminates an important function of blame that has been overlooked in the (...) recent work on guilt as it relates to blameworthiness: Blame can communicate respect. (shrink)

In the recent article “A new approach to manipulation arguments,” Patrick Todd seeks to reframe a common incompatibilist form of argument often leveraged against compatibilist theories of moral responsibility. Known as manipulation arguments, these objections rely on cases in which agents, though they have met standard compatibilist conditions for responsibility, have been manipulated in such a way that they fail to be blameworthy for their behavior. Traditionally, in order to get a manipulation argument off the ground, an incompatibilist must illustrate (...) that a manipulated agent is not at all responsible for her behavior. Todd argues that this is an unnecessarily heavy burden—the incompatibilist need only show that the presence of manipulation mitigates ascriptions of responsibility. Though innovative, Todd fails to present his modified manipulation argument in a way that poses a true threat to the compatibilist. In fact, by introducing a scalar conception of moral responsibility, Todd gives the compatibilist the tools necessary to better handle the incompatibilist’s original manipulation argument. (shrink)

There are better and worse ways to blame others. Likewise, there are better and worse ways to blame yourself. And though there is an ever-expanding literature on the norms that govern our blaming practices, relatively little attention has been paid to the norms that govern expressions of self-blame. In this essay, I argue that when we blame ourselves, we ought not do so privately. Rather, we should, ceteris paribus, express our self-blame to those we have wronged. I then explore how (...) this norm can contribute to our understanding of the ethics of self-blame as well as the nature of blameworthiness itself. (shrink)

Compassion in healthcare has received significant attention recently, on an international scale, with concern raised about its absence during clinical interactions. As a concept, compassionate care has been linked to nursing. We examined historical discourse on this topic, to understand and situate current debates on compassionate care as a hallmark of high‐quality services. Documents we looked at illustrated how responsibility for delivering compassionate care cannot be consigned to individual nurses. Health professionals must have the right environmental circumstances to be able (...) to provide and engage in compassionate interactions with patients and their relatives. Hence, although compassionate care has been presented as a straightforward solution when crisis faces health services, this discourse, especially in policy documents, has often failed to acknowledge the system‐level issues associated with its provision. This has resulted in simplistic presentations of ‘compassion’ as inexpensive and the responsibility of individual nurses, a misleading proposal that risks devaluing the energy and resources required to deliver compassionate care. It also overlooks the need for organisations, not just individuals, to be charged with upholding its provision. (shrink)

ABSTRACT In ‘Forgiveness: An Ordered Pluralism,’ Fricker argues that the function of forgiveness is to liberate the forgiver from redundant blame-feeling. Blame is rendered redundant when it no longer serves its purpose, so to understand the function of forgiveness, we must understand the function of blame. For Fricker, the paradigmatic function of Communicative Blame is to align the moral understandings of wrongdoers and their victims, which is accomplished by wrongdoers coming to feel remorse. In this paper, I argue that Fricker (...) should adopt a broader view of moral understanding and sever the connection between remorse and the alignment of moral understandings. (shrink)

Blame abounds in our everyday lives, perhaps no more so than on social media. With the rise of social networking platforms, we have access to more information about others’ blameworthy behaviour and larger audiences to whom we can express our blame. But these audiences, while large, are typically not diverse. Social media tends to create what I call “blame bubbles”: systems in which expressions of blame are shared amongst agents with similar moral outlooks while dissenting views are excluded. Many have (...) criticised the blame expressed on social media, arguing that it is often unfitting, excessive, and counterproductive. In this talk, I’ll argue that while blame bubbles can be guilty of these charges, they are also well placed to do important moral work. I’ll then attempt to identify the causal source of these bad-making features and explore potential structural interventions that can make blame bubbles better at performing their moral function and less likely to generate harmful consequences. (shrink)

In his second book, Tierney argues that the purpose of education must move to the heart of the educational debate. Purpose will significantly influence what schools and the education system as a whole will do next.

Conceived in Liberty is a cultural, sociological and geopolitical review of the uniquely American notion that the country and its people are "exceptional." While all nations have their own patriotic commitments, no other people have outwardly declared their power as vigorously as have Americans, especially since World War II. John J. Tierney, Jr. advances the idea that liberty is the singular source of the power of the American worldview and all other elements of this society--equality, patience, charity, justice, etc.--are (...) derived from liberty. He argues that this worldview comes from this one source and is responsible for the many movements that may engage the public's interest, such as women's rights, civil rights, and voting rights. Such movements are all positive, but they could not exist in a society devoid of liberty. Conceived in Liberty also traces other main components of the American worldview: geographic expanse, immigration, energy of the populace, diversity, public policies, and the elements that contribute to exceptionalism. Tierney is not blind to some of the deficiencies of the United States, but he posits that the liberty it manifests is truly the political globe's last, best hope. (shrink)

In this essay I will examine the changing historical relationship between two fundamentally modern concepts: self-preservation and self-ownership. These two concepts have served a dual function in modernity. On the one hand, they are crucial parts of the theoretical underpinning of liberalism: the natural law of self-preservation is the foundation of the rational inclination to form civil society (e.g., Hobbes); and self-ownership provides the foundation for the liberal (i.e., Lockean) notion of private property. But on the other hand, these two (...) concepts serve much more than a theoretical purpose; they also perform a duty in what I would like to call, borrowing Foucault's phrase, a modern technology of the self. At this level, the concepts of self-ownership and self-preservation shape individuals to follow certain routines in their behavior, to treat their bodies in specific ways, to organize their time in a particular fashion. In performing these routines, individuals participate in the collection and dissemination of that knowledge of individual bodies and groups of bodies which, as Foucault and Arendt in their different ways revealed, is endemic to modernity. (shrink)

Liberal articulations of the right to die generally focus on balancing individual rights against state interests, but this approach does not take full advantage of the disruptive potential of this contested right. This article develops an alternative to the liberal approach to the right to die by engaging the seemingly discordant philosophical perspectives of Michel Foucault and Thomas Hobbes. Despite Foucault’s objections, a rapprochement between these perspectives is established by focusing on their shared emphasis on the role that death plays (...) in the order of modernity. After the article has established the complementarity of Foucault and Hobbes, Hobbes’ unique stance toward suicide is first viewed in the context of the early-modern hostility toward suicide, and then contrasted with Foucault’s Stoic-inspired affirmation of suicide. This comparison of these two philosophers’ positions on suicide opens to contestation dimensions of modern subjects that remain undisturbed by liberal approaches to the right to die Key Words: bio-power • Michel Foucault • governmentality • Thomas Hobbes • liberalism • right to die • self-preservation • Seneca • Stoicism • suicide. (shrink)

Aristotle's essentialism is generally recognized as involving a distinction between what belongs to something _in itself (kath' hauto) and what belongs to it _accidentally (kata sumbebekos). But he distinguishes two relevant senses of "_in itself"; the first referring to what belongs to something in _what it is, the second referring to such attributes as: odd to number, male to animal, curved to line, and white to surface. I set out these distinctions, and argue that Aristotle counts the second class of (...) _in itself attributes as being just as essential to the individual substances to which they belong as the first. (shrink)

IntroductionPatrick Todd’s article, “A New Approach to Manipulation Arguments,” has spurred considerable discussion in the literature.Patrick Todd, “A New Approach to Manipulation Arguments,” Philosophical Studies, Vol. 153, No. 1, , pp. 127–133. In his essay, Todd attempts to reframe how manipulation arguments function dialectically. These arguments, often presented by incompatibilists, typically rely on cases in which agents, though they have met a number of compatibilist sufficient conditions for responsibility, have been manipulated such that they intuitively fail to be blameworthy for (...) their actions.In Todd’s version of the manipulation argument, though an agent meets compatibilist conditions for responsibility, readers are asked to what extent that agent is blameworthy for his or her behavior. One possible compatibilist retort to this argument is to contend that the concepts of responsibility and blameworthiness can come apart—an agent can be responsible without being blamew .. (shrink)

The Health (Regulation of Termination of Pregnancy) Act 2018 was commenced on 01/01/2019 in Ireland. The Act provides for legal termination of pregnancy under defined circumstances including for any reason at < 12 weeks gestation; and where two doctors agree there is ‘a condition affecting the foetus that is likely to lead to the death of the foetus either before, or within 28 days of, birth’. As such, abortion for congenital anomaly (CA) can occur at a number of time points, (...) depending on the adjudged severity. Infants born with CAs frequently require significant medical intervention and account for a high proportion of admissions to paediatric intensive care units (PICUs). The purpose of this paper was to evaluate the number of infants with CAs admitted to an Irish PICU in the period before and after the implementation of the Act. All PICU admissions < 1 month of age to a single Irish paediatric hospital between 2012 and 2021 were analysed. CAs were recorded, and the periods before and after the commencement of the Act compared. We found a difference in admissions involving CAs, particularly those related to congenital heart disease involving single ventricle anatomy. It is plausible that this difference was as a result of improved access to abortion services following the implementation of the Act. This article explores the legal conditions related to the abortion of a foetus with a CA in Ireland, and the possible impact of the Independent Review of the Operation of the Health ( Regulation of Termination of Pregnancy) Act 2018. (shrink)

The reemergence of the question of suicide in the medical context of physician-assisted suicide seems to me one of the most interesting and fertile facets of late modernity. Aside from the disruption which this issue may cause in the traditional juridical relationship between individuals and the state, it may also help to transform the dominant conception of subjectivity that has been erected upon modernity's medicalized order of death. To enhance this disruptive potential, I am going to examine the perspectives on (...) death offered by two contemporary writers: Zygmunt Bauman and Jean Baudrillard. Each of these writers recognizes the centrality of death to modern culture, as Heidegger did, but they also go beyond him in specifying the ways in which death maintains a presence in late modernity, despite efforts to conceal it. In particular, both of these writers recognize the important role that medicine has played in ordering the modern conception of death. After situating these two perspectives in relation to each other, and in relation to Heidegger, who will serve here as a sort of benchmark, I will return to the issue of suicide. Given the differences in their readings of the role that death and medicine play in modern culture, these post-Heideggerians take strikingly different positions on this issue. By engaging these perspectives, I intend not only to point out the tremendous potential which this issue holds for a fundamental rethinking of modern subjectivity, but also reveal some of the dangers that may beset any naive optimism about the right to die. (shrink)

Contemporary philosophers sometimes present the complex relationships that can exist between permission, precept and prohibition within a given structure of law in a language of symbolic logic or in illustrative diagrams. Other modern scholars have pointed out that early formulations of the basic ideas they employ can be found in writers of the seventeenth and eighteenth centuries, including Leibnitz and Bentham and, especially, the German jurist Gottfried Achenwall. This article shows that the same structure of ideas was included centuries earlier (...) in the work of Marsilius of Padua, and that his argument too can be presented as a modern 'deontic hexagon'. It concludes with a discussion of how Marsilius' engagement with the contemporary dispute over Franciscan poverty helped to shape his teaching in this area. (shrink)

The late Professor Friedländer’s work on Plato was originally published in two volumes at Berlin-Leipzig in 1928 and 1930. Of these the first volume discussed a large number of general Platonic themes, and the second commented on the dialogues in sequence. A substantial revision and expansion of the work was begun with the publication of Platon I: Seinswahrheit und Lebenswirklichkeit, corresponding to the original first volume. The original second volume was however now divided into two and the first part of (...) this revised second edition appeared as Band II Die Platonischen Schriften. The second and major part of this second volume appeared at Platon III: Die Platonischen Schriften, Zweite und Dritte Periode. Friedländer was now living in America and English translations of the three volumes by Hans Meyerhoff with further additions, revisions and notes appeared as Plato IH An Introduction ; Plato: The Dialogues, First Period ; and lastly the present volume Plato: The Dialogues, Second and Third Periods. (shrink)

This article considers the recent publications of French philosopher Simone de Beauvoir, and offers an overview of contemporary scholarship in Beauvoir Studies. Beauvoir’s canonization in Gallimard’s La Pléiade collection in 2018 is discussed, specifically Gallimard’s choice of Beauvoir’s Mémoires for these first two volumes. Exploring the imbrication of Beauvoir’s philosophy with her own lived experience, the article traces what Annie Ernaux describes as the ‘running threads’ connecting us, namely the ways in which Beauvoir’s legacy is interwoven in our lives today. (...) Surveying recent scholarship highlights the pertinence of Beauvoir’s work to contemporary contexts on issues ranging from sexual violence, subjective agency and female subjugation to emancipatory politics and transnational feminist solidarities. Thereafter, the importance Beauvoir placed on self–Other relations is explored in relation to scholarship on Beauvoir’s epistolary exchanges, the publication of her lost novella Les Inséparables, and on Beauvoir’s philosophy of alterity and old age in light of the pandemic. (shrink)

This essay contributes to critical reflection on the extensive role that medicine has played, and continues to play, in establishing and maintaining the uniquely modern form of social order that Foucault described as “governmentality.” It does so by linking Foucault’s later work on governmentality and biopower, from his courses at the Collège de France in the late-1970s, with his early work on the crucial role that pathological anatomy played in founding modern medicine, which was presented in one of his first (...) books, The Birth of the Clinic (1963). The link between these two stages of Foucault’s work is the central role that death has played in the development of both modern medicine and the art of governing populations. After establishing this connection, I extend Foucault’s analysis by examining the anatomical practices of the three centuries prior to the period upon which he focused in The Birth of the Clinic. This examination of anatomical practices from the sixteenth through the turn of the nineteenth century not only expands the temporal framework through which Foucault examined modern medicine, but also provides a clear and instructive example of the historical development of governmentality. This expansion of Foucault's analysis further illuminates the unique historical configuration of death, medicine, and power upon which modernity is grounded, and suggests ways in which many recent bio-ethical dilemmas, such as the right to die movement, may disrupt this configuration. (shrink)

In her rich and engaging new book, Elinor Mason argues that blameworthiness has three varieties—ordinary, detached, and extended—each of which corresponds to a distinct way of acting wrongly. In ex...

In discussing the origin and history of Orphism, it is usual to treat it rather as a system of belief than as a ritual. The former aspect of it probably was more salient in later times, yet it is certain that the Orphic movement began rather as a ritual with strong emphasis on purification and a rule of life. Its theological and traditional aspect developed only gradually, and the greatest characteristic of this development was always its readiness to incorporate elements (...) possibly alien to the original Dionysos mystery, till it finally takes all Greek religious tradition within its scope. It was early influenced by Eleusinian ideas, and exerted a mutual influence on the cults and myths of the Kabeiroi and those of Sabazios. Whether its own ritual was affected by these latter to the same degree as its mythology we cannot say with certainty, but it may at any rate be affirmed that Orphism was an eclectic type of religion from the beginning. This was indeed only natural to such a system which depended for its teaching on wandering priests, and may never have possessed any kind of temple. It may also be safely said that neither the rite nor the central beliefs of Orphism were nearly as much affected by these borrowings as its mythology. It took over the names and some of the legends of strange deities and grafted them on to its own system. The ritual may have remained in all essentials the same, as did the eschatology. (shrink)