INTRODUCTION The appeal to teleological principles of explanation within the body of natural science has had an unfortunate history. ...

A plethora of normative conservation concepts have recently emerged, most of which are ill-defined: biological diversity, biological integrity, ecological restoration, ecological services, ecological rehabilitation, ecological sustainability, sustainable development, ecosystem health, ecosystem management, adaptive management, and keystone species are salient among them. These normative concepts can be organized and interpreted by reference to two new schools of conservation philosophy, compositionalism and functionalism. The former comprehends nature primarily by means of evolutionary ecology and considers Homo sapiens separate from nature. The latter comprehends (...) nature primarily by means of ecosystem ecology and considers Homo sapiens a part of nature. Biological diversity, biological integrity, and ecological restoration belong primarily in the compositionalist glossary; the rest belong primarily in the functionalist glossary. The former set are more appropriate norms for reserves, the latter for areas that are humanly inhabited and exploited. In contrast to the older schools of conservation philosophy, preservationism and resourcism, compositionalism and functionalism are complementary, not competitive and mutually exclusive. As the historically divergent ecological sciences—evolutionary ecology and ecosystem ecology—are increasingly synthesized, a more unified philosophy of conservation can be envisioned. (shrink)

This article responds to four critics of Democracy in Spite of the Demos and reiterates its central thesis. Christopher Holman and Théophile Pénigaud attempt to maintain the critical value of democracy by invoking different elements of the deliberative tradition, while Benjamin Schupmann answers my charges by appealing to a strong liberal constitutionalism. I argue that these attempts repeat the ambivalence described and criticized in the book: democracy is taken as an end in itself, but with asterisks that introduce conditions and (...) qualifications. As long as democracy is only desirable given certain caveats, the critical weight is placed on these caveats and not on the figure of democracy. Andrew Norris takes a different approach, interrogating the book’s use of ideology critique and the concept of “socially necessary delusion.” This intervention presents difficulties to the concluding suggestion of the book, but I maintain that that these difficulties can be productive and generative rather than limiting or prohibitive. (shrink)

Freedom of association, as I understand it, refers to the liberty a person possesses to enter into relationships with others—for any and all purposes, for a momentary or long-term duration, by contract, consent, or acquiescence. It likewise refers to the liberty to refuse to enter into such relationships or to terminate them when not otherwise compelled by one's voluntary assumption of an obligation to maintain the relationship. Freedom of association thus is a quite capacious liberty.

Now, twenty years later, this collection of fifteenessays brings her work into dialogue with those philosophical views that are at center stage today-- in critical theory, communitarianism, virtue theory, and feminism.

This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in particular is (...) radically indeterminate, rife with internal contradictions, or an expression of the interests of a dominant economic class. And although, like Kelman, I believe that the freedom/determinism, act/character, and rule/principle dichotomies must ultimately be dealt with in order to have a completely satisfactory account of criminal law, I also believe that these dichotomies loom just as large in other areas of law and in normative theory generally. They are problems for Crits as well as for liberal-legalists. In any event, my intentions in undertaking this deconstructionist enterprise are modestly reformist, not revolutionary. I do not intend to shift any paradigms, but to work with well-established ones. I will assume that criminal law seeks to accomplish some blend of retributive response to and deterrence of culpable choices, choices to defy moral norms that are also legal norms. I will also assume that a culpable choice is one that reflects negatively on the values held by the chooser. Beyond these quite modest assumptions, I need not and will not venture in this paper, realizing, of course, that much has and can be written about the proper aims of punishment and the proper account of culpability. (shrink)

The AI and Society discourse has previously drawn attention to the ways that digital systems embody the values of the technology development community from which they emerge through the development and deployment process. Research shows how this effect leads to a particular treatment of gender in computer systems development, a treatment which lags far behind the rich understanding of gender that social studies scholarship reveals and people across society experience. Many people do not relate to the narrow binary gender options (...) of male or female, and many people express their gender identity in much richer ways than the sex/gender binary female/woman and male/man Boolean terms will allow. We ask: are “born-digital” gendered datasets in digital systems experienced as marginalising by those who express their identity beyond the male/female binary? Case Study: Ireland. To answer this universal question, this paper presents the findings of an empirical case study of people in Ireland with diverse gender identities and expressions, and their experiences with public data systems and new technologies. In spite of great social changes in Ireland which have led to constitutional change in favour of LGBTQI + people, born-digital systems were experienced by respondents as embodying socio-cultural values which were no longer accepted in society at large. For many of the respondents, digital technologies routinely marginalise them in all kinds of ways. These systems keep alive violence and oppression long after civil rights have been enshrined in constitutional law. This study is just one example of the way assumptions about digital are disengaged from society-at-large. It is a call to arms to all who are passionate about socially-responsible technology. (shrink)

My pocket calculator (Cal) has certain arithmetical abilities: it seems Cal calculates. That calculating is thinking seems equally untendentious. Yet these two claims together provide premises for a seemingly valid syllogism whose conclusion -- Cal thinks -- most would deny. I consider several ways to avoid this conclusion, and find them mostly wanting. Either we ourselves can't be said to think or calculate if our calculation-like performances are judged by the standards proposed to rule out Cal; or the standards -- (...) e.g., autonomy and self-consciousness -- make it impossible to verify whether anything or anyone (save myself) meets them. While appeals to the intentionality of thought or the unity of minds provide more credible lines of resistance, available accounts of intentionality and mental unity are insufficiently clear and warranted to provide very substantial arguments against Cal's title to be called a thinking thing. Indeed, considerations favoring granting that title are more formidable than generally appreciated. (shrink)

Jesse Prinz (2004) argues that emotional feelings (“state emotions”) can by themselves perceptually represent significant organism-environment relations. I object to this view mainly on the grounds that (1) it does not rule out the at least equally plausible view that emotional feelings are non-representational sensory registrations rather than perceptions, as Tyler Burge (2010) draws the distinction, and (2) perception of a relation requires perception of at least one of the relation’s relata, but an emotional feeling by itself perceives neither the (...) subject’s environment, nor in many cases the relevant subject itself. I then explore two ways in which emotional feelings as non-perceptual sensory registrations might still contribute to significant relation representation when associated with representations of the subject and/or its environment. After briefly discussing some difficulties presented by a multimodal, sensory-perceptual view of such representation, I argue in favor of a “cognitive recognition theory” that holds that significant relation instances are represented during emotion occurrences via applications of emotion-type concepts to "incoming" emotional feelings and their associated mental states. (shrink)

In March 1996, the General Accounting Office issued the report Scientific Research: Continued Vigilance Critical to Protecting Human Subjects. It stated that “an inherent conflict of interest exists when physician-researchers include their patients in research protocols. If the physicians do not clearly distinguish between research and treatment in their attempt to inform subjects, the possible benefits of a study can be overemphasized and the risks minimized.” The report also acknowledged that “the line between research and treatment is not always clear (...) to clinicians. Controversy exists regarding whether certain medical procedures should be categorized as research.”This problem currently plagues gene transfer research. A few months prior to the GAO report, an ad hoc committee appointed by National Institutes of Health Director Harold Varmus expressed similar concerns in its assessment of NIH investment in research on gene therapy. (shrink)

Schizophrenia has historically been considered a severe psychiatric disorder with a chronic and progressive course; an assumption that has shaped both clinical research and public policy. Recent studies have suggested, however, that many people recover from this disorder to varying degrees, prompting new research approaches that focus on factors influencing improvement as well as pathology. An empirical-phenomenological approach appears especially promising as an avenue to investigating the active role the person may play in improvement. The dimensions of everyday life that (...) are discussed as providing a conceptual framework for investigations of the active role of the person are intentionality, temporality, and meaning. Within this framework a four-step process of recovering and reconstructing the self in schizophrenia is then delineated, with concrete illustrations of each step drawn from interviews with one young woman with schizophrenia. The findings are taken to represent the kinds of valuable insights that may be garnered from an empirical-phenomenological approach to research built upon a recognition of the importance of the dimensions of intentionality, temporality, and meaning in the everyday life of those afflicied with severe mental illness. There is only the fight to recover what has been lost And found and lost again and again. T. S. Eliot. (shrink)

This paper is a survey of standards being used in the domain of digital cultural heritage with focus on the Metadata Encoding and Transmission Standard created by the Library of Congress in the United States of America. The process of digitization of cultural heritage requires silo breaking in a number of areas—one area is that of academic disciplines to enable the performance of rich interdisciplinary work. This lays the foundation for the emancipation of the second form of silo which are (...) the silos of knowledge, both traditional and born digital, held in individual institutions, such as galleries, libraries, archives and museums. Disciplinary silo breaking is the key to unlocking these institutional knowledge silos. Interdisciplinary teams, such as developers and librarians, work together to make the data accessible as open data on the “semantic web”. Description logic is the area of mathematics which underpins many ontology building applications today. Creating these ontologies requires a human–machine symbiosis. Currently in the cultural heritage domain, the institutions’ role is that of provider of this open data to the national aggregator which in turn can make the data available to the trans-European aggregator known as Europeana. Current ingests to the aggregators are in the form of machine readable cataloguing metadata which is limited in the richness it provides to disparate object descriptions. METS can provide this richness. (shrink)

Orthodox criminal law doctrine treats mistakes of law and mistakes of fact differently for purposes of both exculpation and inculpation. Kenneth Simons’ paper in general defends this orthodoxy. I have earlier criticized the criminal law’s attempt to distinguish mistakes of law from mistakes of fact, and I continue to maintain, in opposition to Simons, that the distinction is problematic.

To appear in Jean-Yves Béziau (ed.) Proc. First World Congress on the Square of Opposition.

American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...) aid encounters the same problem of moral arbitrariness as does a moral catastrophe override of deontological side-constraints. (shrink)

In this article, the authors present several topics related to the nascent development of a merit-based hiring system in North Macedonia. This paper employs a normative approach. We advocate for a merit-based hiring system, similar to the American model. First, we explore the pressure exerted by the European Commission to adopt a merit-based system at all levels of government as a condition for entry into the European Union. Second, we delve into the patronage system in North Macedonia. Third, we provide (...) a short history of patronage in the United States and the difficulty that nation had in curbing its entrenched patronage system. Fourth, we discuss the advantages of a merit-based hiring system, namely the creation of good governance, the improvement of employee morale, the development of more public confidence in government, the reduction of the influence of ethnic politics and the furtherance of the rule of law. Finally, we present an example drawn from the American federal government about the basic procedures of a merit-based hiring process. (shrink)

Barbara Fried described John Rawls’s response to libertarianism as “the unwritten theory of justice.” This paper argues that while there is no need for a new theory of justice to address the libertarian challenge, there is a need for an additional chapter. Taking up Fried’s suggestion that the Rawlsian response would benefit from a revised list of primary goods, I propose to add employment to the list, thus leading to adoption of a full employment principle in the original position that (...) ensures that anyone who wants to work will be able to do so. I argue that although Rawls famously proposed government as employer of last resort, he never integrated that comment into his theory, which lacks a full employment principle and says nothing about the injustice of involuntary unemployment in its ideal theory. I first refute the received view of Rawls’s treatment of employment as required by its importance for citizens’ self-respect, then show that in fact, the full employment assumption is the result of the role of general equilibrium theory in Rawls’s model of a well-ordered society, and indicate why developments in economic theory and economic policy support the proposed revision. (shrink)

Zombies recently conjured by Searle and others threaten civilized philosophy of mind and scientific psychology as we know it. Humanoid beings that behave like us and may share our functional organizations and even, perhaps, our neurophysiological makeups without qualetative conscious experiences, zombies seem to meet every materialist condition for thought on offer and yet -- the wonted intuitions go -- are still disqualefied from being thinking things. I have a plan. Other zombies -- good zombies -- can battle their evil (...) cousins to a standoff. Perhaps even defeat them. Familiar zombies and supersmart zombies resist disqualefication, making the world safe, again, for materialism. Behavioristic materialism. Alas for functionalism, good zombies still eat programs. Alas for identity theory, all zombies -- every B movie fan knows -- eat brains. (shrink)

This collection of essays brings together jus post bellum and transitional justice theorists to explore the legal and moral questions that arise at the end of war and in the transition to less oppressive regimes. Transitional justice and jus post bellum share in common many concepts that will be explored in this volume. In both transitional justice and jus post bellum, retribution is crucial. In some contexts criminal trials will need to be held, and in others truth commissions and other (...) hybrid trials will be considered more appropriate means for securing some form of retribution. But there is a difference between how jus post bellum is conceptualized, where the key is securing peace, and transitional justice, where the key is often greater democratization. This collection of essays highlights both the overlap and the differences between these emerging bodies of scholarship and incipient law. (shrink)

En este artículo se revisa el impacto que la formación en investigación tiene sobre los modos en que las decisiones metodológicas son asumidas y, más aún, sobre la propia concepción de metodología con la que se piensa y ejecuta una investigación en ciencias sociales. Precisamente, es desde el interior de este campo y desde la mirada sociológica, que se formulan algunas reflexiones en torno al propio habitus de investigador social, valiéndonos para ello de los aportes de Pierre Bourdieu.This article analyses (...) the impact of research training on the methodological decisions in the social sciences. Based on Bourdieu contributions, the main aim of the article is to think about the conditions in which the social researcher habitus is built. One of the central questions that organises the document is how methodological conceptions guiding research are influenced by the training received by researchers. (shrink)

This paper connects Merleau-Ponty’s conception of chiasm with his philosophy of history. I argue that history gives us an exemplary form of a chiastic relation and that Merleau-Ponty presages his later ontology of flesh when he investigates the paradox of thinking history. In brief, the paradox is this: history takes on significance only in light of a given reflection on it. At the same time, “the given reflection” is overlaid and shot through with historical meaning and is nothing but the (...) result of a historical inheritance. I claim that, for Merleau-Ponty, to think history is to think that which is external to oneself and that which one is, in a deferred simultaneity or “circularity” that can be called chiastic. (shrink)

This paper analyzes two forms of “flight from freedom” embodied by characters in Beauvoir’s fiction, connecting these portrayals to the situation of women as described in The Second Sex as well as the discussion of social freedom in The Ethics of Ambiguity. The characters under consideration are Monique from the story “The Woman Destroyed” and Françoise from the novel She Came to Stay, who represent flight from freedom in related but distinct ways. My claim is that considering these two characters (...) in conjunction allows us to see the two decisive moments of Beauvoir’s theory of authentic freedom in negative manifestations. Monique attempts to make herself into an object by abdicating her freedom, while Françoise takes herself for a sovereign subject and is unable to recognize the freedom of others. (shrink)

For a long time, Kant’s Doctrine of Right languished in relative neglect, even among Kantians. The work was best known for its uncompromising views on punishment and revolution, and for a seemingly limited and not particularly original emphasis on private property. Kant’s more interesting political claims were often said to be located elsewhere: in the third Critique (Hannah Arendt, Patrick Riley), or the structure of the critical project (Onora O’Neill). When John Rawls explained why his theory of justice could be (...) given a ‘Kantian interpretation’, he drew on concepts found just in Kant’s moral philosophy, bypassing the Doctrine of Right entirely. -/- In recent years, however, there has been an expanding body of work on the Doctrine of Right, by writers like B. Sharon Byrd and Joachim Hruschka, Arthur Ripstein, Elisabeth Ellis, and Lea Ypi. Ripstein and Ellis, in particular, have sought to reframe the arguments of Kant’s text in terms more congenial to contemporary legal and political theory. But can Kant’s arguments really be applied to twenty-first-century political debates? -/- The authors in this collection of essays explore this question in different ways, by looking at different aspects of Kant’s text. What is distinctive about Kant’s conception of the social contract, or human rights? Can a Kantian political philosophy concern itself with poverty and welfare rights? Can a Kantian affirm a conception of civil disobedience? What kind of view should a Kantian have of international relations? Can Kant’s views on punishment be reconciled with a conception of forgiveness? What would a Kantian position be in contemporary debates about marriage? -/- The authors of this volume do not always agree with one another, but they always seek to be faithful to the text, and to understand what a political position grounded in the Doctrine of Right would look like in twenty-first-century terms. (shrink)