Legal theorist Desmond Manderson and Shakespearean Paul Yachnin develop parallel arguments that seek to restore a public dimension of responsibility to literary studies and a private dimension of responsibility to law. Their arguments issue from their work as the creators of the Shakespeare Moot Court at McGill University, a course in which graduate English students team up with senior Law students to argue cases in the “Court of Shakespeare,” where the sole Institutes, Codex, and Digest are comprised by (...) the plays of Shakespeare. Yachnin argues that modern literary studies suffers from impermanence and isolation from real-world concerns and that it can redress these limitations—developing attributes of corrigibility, temporality, judgment, and publicity—by learning from law. Manderson finds that modern legal judgment is bereft of affective engagement with the subjects of law and wedded to an ideal of objectivity, regulation, and impersonality. Literature can restore to legal judgment the elements of narrative, character, context, and self-reflection. Together, the essays argue that the question of judgment, so integral to the disciplines of law and of literature, needs the renewal that an interdisciplinary engagement provides. (shrink)

Imperatives may be interpreted with many subvarieties of directive force, for example as orders, invitations, or pieces of advice. I argue that the range of meanings that imperatives can convey should be identified with the variety of interpretations that are possible for non-dynamic root modals (what I call ‘priority modals’), including deontic, bouletic, and teleological readings. This paper presents an analysis of the relationship between imperatives and priority modals in discourse which asserts that, just as declaratives contribute to the Common (...) Ground and thus provide information relevant to the interpretation of epistemic modals in subsequent discourse, imperatives contribute to another component of the discourse context, the addressee’s To-Do List, which serves as a contextual resource for the interpretation of priority modals. This analysis predicts that the interpretation of imperatives and modals in discourse is constrained in surprising ways; these predictions are borne out. (shrink)

Are there disjunctive properties? This question is important for at least two reasons. First, disjunctive properties are invoked in defense of certain philosophical theories, especially in the philosophy of mind. Second, the question raises the prior issue of what counts as a genuine property, a central concern in the metaphysics of properties. I argue here, on the basis of general considerations in the metaphysics of properties, that there are no disjunctive properties. Specifically, I argue that genuine properties must guarantee similarity-in-a-respect (...) among their instances, and must inhere in their bearers (two notions to be clarified). Disjunctive properties would fail both requirements. I compare the case of disjunctive properties with “mere Cambridge properties,” determinable properties, and functional properties, and show how my conception of properties remains compatible with determinables and functional properties while ruling out disjunctive and mere Cambridge properties. (shrink)

Conservatism about perceptual justification tells us that we cannot have perceptual justification to believe p unless we also have justification to believe that perceptual experiences are reliable. There are many ways to maintain this thesis, ways that have not been sufficiently appreciated. Most of these ways lead to at least one of two problems. The first is an over-intellectualization problem, whereas the second problem concerns the satisfaction of the epistemic basing requirement on justified belief. I argue that there is at (...) least one Conservative view that survives both difficulties, a view which has the further ability to undercut a crucial consideration that has supported Dogmatist views about perceptual justification. The final section explores a tension between Conservatism and the prospects of having a completely general account of propositional justification. Ironically, the problem is that Conservatives seem committed to making the acquisition of propositional justification too easy. My partial defense of Conservatism concludes by suggesting possible solutions to this problem. (shrink)

ABSTRACTThis essay offers a reconfiguration of the possibility‐space of positions regarding the metaphysics and epistemology associated with historical knowledge. A tradition within analytic philosophy from Danto to Dummett attempts to answer questions about the reality of the past on the basis of two shared assumptions. The first takes individual statements as the relevant unit of semantic and philosophical analysis. The second presumes that variants of realism and antirealism about the past exhaust the metaphysical options . This essay argues that both (...) of these assumptions should be rejected. It develops as an alternative an irrealist account of history, a view based in part on work by Leon Goldstein and Ian Hacking. On an irrealist view, historical claims ought to be treated as subject to the same conditions and caveats that apply to any theory of empirical or scientific knowledge. Irrealism argues for pasts as made and not found. The argument emphasizes the priority of classification over perception in the order of understanding and so verification. Because nothing a priori anchors practices of classification, no sense can be attached to claims that some single structure must or does determine what events take place in human history. Irrealism denies to realism the very intelligibility of any imagined view from nowhere, that is, a determinately configured past subsisting sub specie aeternitatis. A plurality of pasts exists because constituting a past always depends to some degree on socially mediated negotiations of a fit between descriptions and experience. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

This book discusses some of the most challenging ideas emerging out of the research program on institutional diversity associated with the 2009 co-recipient of 2009 Nobel Prize in economics, Elinor Ostrom, while outlining a set of new research directions and an original interpretation of the significance and future of this program.

In their highly topical paper, Grahamet alargued that Trusted Research Environments (TREs) are not actually about trust because they reduce or remove ‘…the need for trust in the use and sharing of patient health data’. We believe this is fundamentally mistaken. TREs mitigate or remove some risks, but they do not address all public concerns. In this regard, TREs provide evidence for people to decide whether the bodies holding and using their data can be trusted. TREs may make it easier (...) for people to trust but there is still a need for that trust. (shrink)

The applicability of Bayesian conditionalization in setting one’s posterior probability for a proposition, α, is limited to cases where the value of a corresponding prior probability, PPRI(α|∧E), is available, where ∧E represents one’s complete body of evidence. In order to extend probability updating to cases where the prior probabilities needed for Bayesian conditionalization are unavailable, I introduce an inference schema, defeasible conditionalization, which allows one to update one’s personal probability in a proposition by conditioning on a proposition that represents a (...) proper subset of one’s complete body of evidence. While defeasible conditionalization has wider applicability than standard Bayesian conditionalization (since it may be used when the value of a relevant prior probability, PPRI(α|∧E), is unavailable), there are circumstances under which some instances of defeasible conditionalization are unreasonable. To address this difficulty, I outline the conditions under which instances of defeasible conditionalization are defeated. To conclude the article, I suggest that the prescriptions of direct inference and statistical induction can be encoded within the proposed system of probability updating, by the selection of intuitively reasonable prior probabilities. (shrink)

The Danish philosopher Søren Kierkegaard (1813-1855) conceived of himself as the Socrates of nineteenth century Copenhagen. Having devoted the bulk of his first major work, *The Concept of Irony with Continual Reference to Socrates*, to the problem of the historical Socrates, Kierkegaard maintained at the end of his life that it is to Socrates that we must turn if we are to understand his own philosophical undertaking: "The only analogy I have before me is Socrates; my task is a Socratic (...) task." The overall aim of my dissertation is to examine and critically assess this claim, and ultimately to argue that the Socratic nature of Kierkegaard's endeavor finds its fullest expression in the activity and writings of one of his best-known literary creations, Johannes Climacus, the pseudonymous author of *Philosophical Fragments* and *Concluding Unscientific Postscript*. The first part of my dissertation addresses Kierkegaard's own status as a Socratic figure. I examine Kierkegaard's claim that his refusal to call himself a Christian--in a context where it was the social norm to do so--is methodologically analogous to Socrates' stance of ignorance. I also consider how the use of a pseudonymous manner of writing allows Kierkegaard to employ a Socratic method. In the second part of my dissertation I focus on Kierkegaard's pseudonym Johannes Climacus and his claim that his contemporaries suffer from a peculiar kind of ethical and religious forgetfulness. I argue that Climacus adopts two Socratic stances in order to address this condition. In *Philosophical Fragments* he adopts the stance of someone who has intentionally "forgotten" the phenomenon of Christianity, whereas in the *Postscript* he adopts the stance of someone who openly declares that he is not a Christian. In the process, he develops a conception of philosophy that places a premium on self-restraint and an individual's ability to employ the first personal "I." As Climacus emerges as Kierkegaard's Socratic pseudonym par excellence, we obtain two significant results: a deeper understanding of Kierkegaard's conception of Socrates and Socratic method, and a compelling conception of philosophy rooted in Greek antiquity. (shrink)

A persistent boast of the historical approach to functions is that functional properties are normative. The claim is that a token trait retains its functional status even when it is defective, diseased, or damaged and consequently unable to perform the relevant task. This is because historical functional categories are defined in terms of some sort of historical success -- success in natural selection, typically -- which imposes a norm upon the performance of descendent tokens. Descendents thus are supposed to perform (...) the associated task even when they cannot. The conceit, then, is that malfunctions are explicable in terms of historical success. The aim of this paper is to challenge this conceit. My thesis is that the historical approach to functions lacks the resources with which to account for the possibility of malfunctions. If functional types are defined in terms of historical success, then tokens that lack the defining property due to defect, and tokens that have lost the defining property due to disease or damage, are excluded from the functional category. Historically based malfunctions, in consequence, are impossible. The historical approach is no better than its non-historical competitors in accounting for the presumed normativity of functional properties. (shrink)

There has been much discussion of late on what exactly the Problem of Universals is and is not. Of course answers to these questions and many more like it depend on what is supposed to be explained by a solution to the Problem of Universals. In this paper, I seek to establish two claims: first, that when the facts (explanada) to be explained and the kind of explanation needed are elucidated, it will be shown that the Problem of Universals is (...) a real metaphysical problem, not a pseudo problem; secondly, the facts whose explanation posed the problem in the Problem of Universals still provide reason to think realism regarding universals is true, even if God exists. (shrink)

Critically analyzes and revitalizes agrarian philosophy by tracing its evolution. Today, most historians, philosophers, political theorists, and scholars of rural America take a dim view of the agrarian ideal that farmers and farming occupy a special moral and political status in society. Agrarian rhetoric is generally seen as special pleading on the part of farmers seeking protection from labor reform and environmental regulation while continuing to receive direct payments and subsidies from the public till. Agrarianism should not be viewed as (...) a set of immutable claims about farming and political order, but as a tradition of moral and political philosophy that has evolved and deepened over the centuries. Agrarian naturalism--the belief that culture and conduct are conditioned by nature because they are of a piece with nature--becomes pragmatic naturalism, giving way to a new set of puzzles about how we are to understand the rural landscape and our responsibilities for its use. The agrarian idea that personality and sociability are integrated with the material transformation of the landscape can serve as the basis for a new, pragmatically grounded ethic of natural resources and rural development. The essays in this volume critically analyze and revitalize agrarian philosophy by tracing its evolution in the classical American philosophy of key figures such as Franklin, Jefferson, Emerson, Thoreau, Dewey, and Royce. Three chapters address the belief that farming peoples develop moral virtue and a taste for democracy as it evolved in the American context, and four examine how a reconstitution of agrarian themes might invigorate our nation's thinking on environment, food, and rural development policy. The Agrarian Roots of Pragmatism will be of broad interest to scholars of American philosophy, rural history, history of ideas, geography, and agricultural or natural resource policy. (shrink)

Duhem is often described as an anti-realist or instrumentalist. A contrary view has recently been expressed by Martin (1991) (Pierre Duhem: Philosophy and History in the Work of a Believing Physicist (La Salle, IL: Open Court)), who suggests that this interpretation makes it difficult to understand the vantage point from which Duhem argues in La science allemande (1915) that deduction, however impeccable, cannot establish truths unless it begins with truths. In the same spirit, the present paper seeks to establish that (...) Duhem is at any rate not the kind of anti-realist he is often presented as being, and that his views are like those Quine sees fit to call realist. An interpretation of Duhem's views on explanation and precision in science, and their bearing on the epistemological status of theory, is advanced which leads naturally into his critique of conventionalism. His attitude towards atomism, which should not be judged from a post-1925 perspective, is considered part of the unified view he strove after and appropriately called Duhem's physicalism, standing in contrast to the kind of reductionist conception usually associated with atomism. (shrink)

The problem reduced to its lowest terms is whether inquiry can develop in its own ongoing course the logical standards and forms to which further inquiry shall submit.Gilles Deleuze, in his book What Is Philosophy? asks: "What is the best way to follow the great philosophers? Is it to repeat what they said or to do what they did, that is, create concepts for problems that necessarily change?" (Deleuze and Guattari 28). I imagine few in this audience would disagree with (...) that claim. The changing, historically situated, interplay of concepts and problems is a register that those inspired by the work of John Dewey can readily acknowledge as pertinent even if what Dewey meant by each of the terms and what Deleuze meant .. (shrink)

Should we act only for the sake of what we might bring about (causal decision theory); or is it enough for a decent motive that our action is highly correlated with something desirable (evidential decision theory)? The conflict between these points of view is embodied in Newcomb's problem. It is argued here that intuitive evidence from familiar decision contexts does not enable us to settle the issue, since the two theories dictate the same results in normal circumstances. Nevertheless, there are (...) several reasons to reject the causal approach: (1) its relative complexity; (2) its commitment to the existence of situations in which every possible act would be irrational; (3) its incorporation of an arbitrary time bias; and (4) its implicit distinction between what ought to be done and what ought to be hoped for. (shrink)

This article interprets emotional change as a transition in a complex dynamical sys- tem. We argue that the appropriate kind of dynamical system is one that extends recent work on how neural networks can perform parallel constraint satisfaction. Parallel processes that integrate both cognitive and affective constraints can give rise to states that we call emotional gestalts, and transitions can be understood as emotional ges- talt shifts. We describe computational models that simulate such phenomena in ways that show how dynamical (...) and gestalt metaphors can be given a concrete realization. (shrink)

This paper offers a critique of mainstream formal semantics. It begins with a statement of widely assumed adequacy conditions: namely, that a good theory must (1) explain relations of entailment, (ii) show how the meanings of complex expressions derive from the meanings of their parts, and (iii) characterize facts of meaning in truth-theoretic terms. It then proceeds to criticize the orthodox conception of semantics that is articulated in these three desiderata. This critique is followed by a sketch of an alternative (...) conception—one that is argued to be more in tune with the empirical objectives of linguistics and the clarificatory aims of philosophy. Finally, the paper proposes and defends a specific theoretical approach—use based rather than truth based—that is suggested by that alternative conception. (shrink)

In 1990, the Federal Trade Commission (FTC) issued a consent order to the American Institute of Certified Public Accountants (AICPA). The order decreed the AICPA to lessen its longstanding ethics code which had until then banned the receipts of commissions, referral fees and contingent fees. The FTC alleged that the AICPA banned receipt of the fees as an attempt to restrain trade (FTC, 1990).In the present study, we sought to determine if CPAs'' preference for bans on commissions, referral fees and (...) contingent fees is related to their moral reasoning whereby CPAs perceive the bans to serve as a means of resolving ethical issues. While determining this matter cannot prove whether the bans did or did not actually result in restrained trade, it can offer insight into the perceived ethical importance to CPAs of the overturned rules. Based on a random sample of AICPA members and using Rest''s Defining Issues Test (DIT) to measure moral reasoning, we did not find a CPA''s moral reasoning to be related to his/her preference for ethics rules which ban commissions, referral fees or contingent fees. However, our results did indicate that most CPAs prefer banning commissions, referral fees and contingent fees, with those CPAs holding a higher financial stake in public accounting, namely partners, favoring banning referral fees and contingent fees significantly less than CPAs with a lesser stake. Further, we noted a significant negative relationship between financial stake and moral reasoning. These results seem to suggest that self-interest among CPAs may influence their moral reasoning.Further study is needed to examine the relationship between self-interest of CPAs and their moral reasoning. If self-interest clouds moral judgments made by CPAs, capital markets are in danger. Rendering an independent audit opinion must exclude self-interest. (shrink)

‚Und jedes Tröpfchen, das aus dem köstlich-kühlen Quell des Entsagens fließt, das sammle sorgfältig, mit eifernder Wachsamkeit, daß die Tröpfchen sich zum Bach füllen, der Bach zum Fluß, der Fluß zum Strom, der nun in mächtig stillen Wogen dem offenen Weltmeer zurauscht – jenem klaren, ehrlichen, reinlichen restlosen NICHTMEHR.‘ Paul Dahlke, der Pionier für den Buddhismus in Deutschland, beschäftigt sich in diesem Werk mit den großen Fragen der Menschheit, gestellt vor dem Hintergrund der buddhistischen Weltsicht. Sein Buch ist eine (...) spannende Einführung in den Buddhismus, der noch nicht den westlichen Einflüssen unserer modernen Gesellschaft unterliegt - geschrieben in einer Zeit, in der der Buddhismus in Deutschland kaum bekannt war und in der er um die Abgrenzung der `echten ́ Lehre zu anderen Religionen kämpfte. (shrink)

In response to Anton Froeyman's paper, “Virtues of Historiography,“ this article argues that philosophers of history interested in why historians cherish such virtues as carefulness, impartiality, and intellectual courage would do wise not to classify these virtues unequivocally as either epistemic or moral virtues. Likewise, in trying to grasp the roles that virtues play in the historian's professional practice, philosophers of history would be best advised to avoid adopting either an epistemological or an ethical perspective. Assuming that the historian's virtuous (...) behavior has epistemic and moral dimensions (as well as aesthetic, political, and other dimensions), this article advocates a non-reductionist account of historical scholarship, which acknowledges that the virtues cherished by historians usually play a variety of roles, depending on the goals they are supposed to serve. Given that not the least important of these goals are epistemic ones, the articles concludes that virtue ethical approaches, to the extent that they are focused on the acquisition of moral instead of epistemic goods, insufficiently recognize the role of virtue in the pursuit of such epistemic aims as knowledge and understanding. (shrink)

This commentary critically evaluates the capacity for the Green Climate Fund to deliver distributive justice in the light of Conference of Parties 17 and the Durban Platform for Enhanced Action (UNFCCC, 2011b).

Wittgenstein’s analogy between psychoanalysis and his later philosophical methods is explored and developed. Historical evidence supports the claim that Wittgenstein characterized an early version of his general remarks on philosophy (§§89-133 in the Philosophical Investigations) as a sustained comparison with psychoanalysis. A non-adversarial, therapeutic interpretation is adopted towards Wittgenstein which emphasizes his focus on dissolving the metaphysical puzzlement of particular troubled individuals. A “picture” of Freudian psychoanalysis is sketched which highlights several features of Freud’s therapeutic techniques and his conception of (...) a neurosis. This portrait of Freud’s methods is used as an “object of comparison” for drawing attention to important aspects of Wittgenstein’s later practice of philosophy. Wittgenstein’s therapeutic conception of philosophy, though concerned with ordinary linguistic practices, is held to focus primarily on rooting out the prejudices and dogmas which lie at the heart of the puzzled philosopher’s inclinations to make metaphysical assertions. (shrink)

This book disrupts disciplinary boundaries to make a case for the future direction and growth of martial arts studies as a unique field.

Research Articles Paul A. Rahe, Social Philosophy and Policy, FirstView Article.

Federal efforts beginning in the 1990's have successfully increased pediatric research to improve medical care for all children. Since 1997, the FDA has requested 800 pediatric studies involving 45,000 children. Much of this research is "non-beneficial"; that is, it exposes pediatric subjects to risk even though these children will not benefit from participating in the research. Non-beneficial pediatric research (NBPR) seems, by definition, contrary to the best interests of pediatric subjects, which is why one state supreme court has essentially prohibited (...) it. It also appears that the only plausible rationale for this research is utilitarian, as it risks some children for the good of all. But that rationale is troubling. This Article answers two related questions: (1) What is the appropriate legal relationship between NBPR and the "best interests of the child" standard? (2) What is the ethical justification for this research? I argue that courts should hold that the "best interests" standard governs pediatric research. But, contrary to existing case law, courts must consider the benefits to each child, including pediatric subjects, from a policy that permits NBPR, and not simply consider that a non-beneficial protocol presents more risk than potential benefit to a child. Moreover, I argue that the justification for the practice need not be utilitarian. There is no need to appeal to the greater good to justify the research because each child has reason to endorse a policy permitting NBPR where there is a very low ceiling on acceptable risk, and each child has reason to participate in a practice from which she benefits. More controversially, I argue that each child, like other persons, has reason to help others when she can do so at little to no cost to herself. The Article then highlights practical implications of the offered justifications. (shrink)

This is the text of The Lindley Lecture for 1974, given by Paul Ricoeur, a French philosopher.

As an approach to a Theory of Everything a framework for developing a coherent theory of mathematics and physics together is described. The main characteristic of such a theory is discussed: the theory must be valid and and sufficiently strong, and it must maximally describe its own validity and sufficient strength. The mathematical logical definition of validity is used, and sufficient strength is seen to be a necessary and useful concept. The requirement of maximal description of its own validity and (...) sufficient strength may be useful to reject candidate coherent theories for which the description is less than maximal. Other aspects of a coherent theory discussed include universal applicability, the relation to the anthropic principle, and possible uniqueness. It is suggested that the basic properties of the physical and mathematical universes are entwined with and emerge with a coherent theory. Support for this includes the indirect reality status of properties of very small or very large far away systems compared to moderate sized nearby systems. Discussion of the necessary physical nature of language includes physical models of language and a proof that the meaning content of expressions of any axiomatizable theory seems to be independent of the algorithmic complexity of the theory. Gödel maps seem to be less useful for a coherent theory than for purely mathematical theories because all symbols and words of any language must have representations as states of physical systems already in the domain of a coherent theory. (shrink)

In 1894 the anthropologist Otis Tufton Mason called for research in an area he dubbed ‘technogeography’, and he lauded the potential benefits of the knowledge to be acquired under this heading: The...

The Essential Herman Kahn offers the public for the first time an anthology consisting of the best of Herman Kahn's work. It brings together, out of the several thousands of pages published in his life, the "essential Kahn"—the most relevant, consequential, and interesting themes, ideas, and arguments of his work in areas such as international relations, public policy, environmentalism, strategic thinking, and futurology.

Why, then, do we huddle in the dark around the campfires of our flickering narratives? There are obviously many different reasons for doing so. Yet, having heard various récits—whether "stories" or "accounts"—during the narrative conference, I am more inclined than ever to see self-assertive entertainment and self-transcending commitment as two kinds of ultimate motivation for our countless narratives. Stories and histories and other narrative or descriptive accounts help us to escape boredom and indifference—ours as well as that of other people. (...) Those nearly vacant states of mind at the zero degree of entertainment and commitment bring us frightfully close to the experience of nonexistence. Hence our desire to replace boredom by thrilling or gratifying entertainment and to replace indifference by the social or cosmic commitment either to change the world or to change ourselves. In a world of unmixed colors and pure literary genres, tragedy, comedy, satire, and romance might answer distinct needs for thrill, gratification, indignation, and admiration. But, as Roy Schafer and Victor Turner have reminded us, the private and social dramas underlying psychoanalytical and anthropological accounts are even less pure than most works of literature. Couldn't we conclude that life's internal and external dramas stem from a compound desire for self-assertion and self-transcendence—a desire which, in the realm of literary entertainment and commitment, motivates the emergence and appreciation of tragicomedy? Paul Hernadi teaches English and comparative literature at the University of Iowa. He is the author of Beyond Genre: New Directions in Literary Classification and the editor of What is Literature? and What is Criticism? His previous contribution to Critical Inquiry, "Literary Theory: A Compass for Critics," appeared in the Winter 1976 issue. (shrink)

This article identifies some of the important issues that underlie student-teacher conflicts regarding animal experimentation and dissection in psychology education. Understanding the reasons why students object to animal laboratories, why some teachers may refuse students access to non-animal alternatives, and why other teachers support student choice is an important first step in resolving student-teacher disputes regarding the use of animals in the psychology classroom. The article discusses why establishing an openly declared student choice policy at schools that use animals in (...) psychology education is a reasonable thing to do and describes how a student choice policy works in practice. (shrink)

It has been disputed whether an externalist conception of the individuation of intentional states, such as beliefs and desires, is compatible with self-knowledge, that is, the claim that one's judgments about one's intentional states are non-evidential, non-inferential, and authoritative. I want to argue that these theses are indeed incompatible, notwithstanding an important objection to this incompatibility claim. The worry has been raised that if externalism is true, then for a subject to know, say, that he or she believes that p, (...) the subject would need to know, on the basis of some evidence, the external conditions which determine the belief's content. Thus, externalism would be incompatible with self-knowledge. But many philosophers have accepted an objection suggesting that this worry is mistaken because in order to have a belief one need not know the metaphysical conditions determining its content, even if they are externalist. And thus, the subject's reflexive judgment about the belief would not need to rest on evidence about those external conditions. But this objection rests on a crucial assumption according to which mental content is reflexively transparent in the sense that a subject could not judge that she or he has an intentional state and be mistaken about the content of her or his state, even if the content is externally determined. My main purpose is not reflexively transparent on the assumption of externalism and, thus, self-knowledge and externalism are incompatible. (shrink)