'ith the rise of naturalism in the art of the late Middle Ages and the Renaissance there developed an extensive and diverse literature about art which helped to explain, justify, and shape its new aims. In this book, David Summers provides an original investigation of the philosophical and psychological notions invoked in this new theory and criticism. From a thorough examination of the sources, he shows how the medieval language of mental discourse derived from an understanding of classical thought. 'Some (...) of the most striking observations in this impressive book involve stepping outside the history of ideas to ground these theories in a more general social history.' -- British Journal of Aesthetics 'This brilliant, stimulating study in the history of ideas should become indispensible for renaissance art historians, and for philosophers interested in the history of the philosophy of mind and in what might be called thepre-history' of aesthetics.' -- ChoiceWith the rise of naturalism in the art of the late Middle Ages and the Renaissance there developed an extensive and diverse literature about art which helped to explain. (shrink)

Various theorists contend that we may live in a computer simulation. David Chalmers in turn argues that the simulation hypothesis is a metaphysical hypothesis about the nature of our reality, rather than a sceptical scenario. We use recent work on consciousness to motivate new doubts about both sets of arguments. First, we argue that if either panpsychism or panqualityism is true, then the only way to live in a simulation may be as brains-in-vats, in which case it is unlikely that (...) we live in a simulation. We then argue that if panpsychism or panqualityism is true, then viable simulation hypotheses are substantially sceptical scenarios. We conclude that the nature of consciousness has wide-ranging implications for simulation arguments. (shrink)

Research suggests that the explicit reasoning we offer to ourselves and to others is often rationalization, that we act instead on instincts, inclinations, stereotypes, emotions, neurobiology, habits, reactions, evolutionary pressures, unexamined principles, or justifications other than the ones we think we’re acting on, then we tell a post hoc story to justify our actions. I consider two benefits of rationalization, once we realize that rationalization is sincere. It allows us to work out, under practical pressure of rational consistency, which are (...) good reasons to act on. Rationalization also prompts us to establish meaningful patterns out of merely permissible options. (shrink)

It will be useful to consider briefly how the ideas surrounding “form” work in practice. Such ideas rapidly developed to a high stage of sophistication, subtlety, and complexity, but they did not, I believe, stray from the foundations I have tried to indicate for them. Let us consider the example of Wilhelm Worringer, who, like Alois Riegl, found it preferable to discuss ornament rather than images because ornament is a purer expression of form and therefore provides a less encumbered view (...) into form’s spiritual meaning. Concerning interlace ornament of the first millennium in Northern Europe, Worringer wrote that it is “impossible to mistake the restless life contained in this tangle of lines”; it is “the decisive formula for the whole medieval North.” The “need for empathy of this inharmonious people” requires the “uncanny pathos which attaches to the animation of the inorganic”; the “inner disharmony and unclarity of these peoples … could have borne no clearer fruit.”4 Here forms—mostly lines and edges and their relations—are compared to a natural outgrowth, a fruit, and are interpreted in such a way as to permit the characterization of all peoples among whom artifacts with such forms were made and used. The range of formal style becomes coextensive with the range of the deep principles of the worldview of races, nations, and epochs.It is not necessary to follow the ideas of form and expression to quite the hypertrophied consequences Worringer did, although many authors have done so and many more have done so less systematically. The important thing for my purposes is the pattern of inference from form to historical statements and conclusion. 4. Wilhelm Worringer,ion and Empathy: A Contribution to the Psychology of Style, trans. Michael Bullock , p. 77. David Summers is William R. Kenan, Jr. Professor of the History of Art at the University of Virginia. The author of Michelangelo and the Language of Art and The Judgment of Sense: Renaissance Naturalism and the Rise of Aesthetics , he is currently writing a book to be titled The Defect of Distance: Toward a University History of Art. (shrink)

Research suggests that the explicit reasoning we offer to ourselves and to others is often rationalization, that we act instead on instincts, inclinations, stereotypes, emotions, neurobiology, habits, reactions, evolutionary pressures, unexamined principles, or justifications other than the ones we think we’re acting on, then we tell a post hoc story to justify our actions. This is troubling for views of moral progress according to which moral progress proceeds from our engagement with our own and others’ reasons. I consider an account (...) of rationalization, based on Robert Audi’s, to make clear that rationalization, unlike simple lying, can be sincere. Because it can be sincere, and because we also have a desire to be consistent with ourselves, I argue that rationalization sets us up for becoming better people over time, and that a similar case can be made to explain how moral progress among groups of people can proceed via rationalization. (shrink)

Agricultural-technology (ag-tech) and agroecology both promise a better farming future. Ag-tech seeks to improve the food system through the development of high-tech tools such as sensors, digital platforms, and robotic harvesters, with many ag-tech start-ups promising to deliver increased agricultural productivity while also enhancing food system sustainability. Agroecology incorporates diverse cropping systems, low external resource inputs, indigenous and farmer knowledge, and is increasingly associated with political calls for a more just food system. Recently, demand has grown for the potentially groundbreaking (...) benefits of their convergence, with the University of California, Santa Cruz (UCSC) attempting just such a union. Building on its combined expertise in engineering and agroecology, as well as a longstanding reputation as a socially progressive institution, university administrators believe that UCSC could produce a unique, socially just form of ag-tech designed for small, low-resource farmers—a rare contribution given ag-tech’s tendency to cater primarily to large-scale agribusiness. This paper examines the complexities of uniting agroecology and ag-tech through interviews with agroecologists, engineers, and social scientists involved in UCSC’s ag-tech initiative. Within the setting of a historically radical yet neoliberalizing university, I find that significant epistemic and structural barriers exist for agroecology and ag-tech to come together on an even playing field. This case study contributes to broader discussions of the future of food and farming by focusing on the contours and challenges of a widely called-for agricultural collaboration, highlighting its difficulty but also areas of possibility in a particularly rich, contested context. (shrink)

The physical and relational structure of the biologic continuum (both internal and external to the organism) creates the information signature that is the basis for the origination of meaning in the living system. A meaning metric can be grounded in the significance of that information to the stability of the system during the process of adaptive reconciliation of divergences from the steady state condition. From this perspective, an information-theoretic formulation of the process for translating incident information into adaptive action is (...) proposed that can be practically used in defining and quantifying the meaning of that information for the living system. (shrink)

The question ‘ What is addiction?’ seems to ask for a clinical or biological answer. The research on addiction has progressed much faster in biology and neuroscience than our philosophical understanding of that research.1 Therefore, it can be tempting to look to the relevant psychology or neuroscience to answer our philosophical questions, which ends up treating addiction entirely as a psychological or neurological matter. However, many of our questions about addiction are not fundamentally biological or neurological questions. Here, I suggest (...) that an answer to one question about addiction, the question of what addiction is, turns on the decidedly more philosophical. (shrink)

The author presents a relatively formal theory of the rule of law which includes three basic components: conceptual, institutional and axiological. He then emphasizes the differences between a formal and a substantive theory of the rule of law and highlights the advantages and limits of the former. Finally, the author indicates the importance of this type of theory, namely the values it implies such as predictability, justified reliance, autonomous choice, minimization of disputes and legitimacy.**.

Can one explain both the resilience of the status quo and the possibility for resistance from a subordinate position? This paper aims to resolve these seemingly incompatible perspectives. By extending Randall Collins's interaction ritual theory, and synthesizing it with Norbert Wiley's model of the self, this paper suggests how the emotional dynamics between people and within the self can explain social inertia as well as the possibility for resistance and change. Diverging from literature on the sociology of emotions that has (...) been concerned with individual emotional processes, this paper considers the collective level in order to explore how movement action is motivated. The emotional dynamics of subordinate positioning that limit women's options in face-to-face interactions are examined, as are the social processes of developing feminist consciousness and a willingness to participate in resistance work. Pointing toward empirical applications, I conclude by suggesting conditions where resistance is likely. (shrink)

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

Researchers have raised concerns about teachers’ ability to embed nature of science in their science instruction, a complicated situation that is certainly impacted by the availability of adequate resources to assist K-12 science teachers. In light of the implementation of the ideas from the Framework for K-12 Science Education and the Next Generation Science Standards in the USA, this study sought to identify and evaluate resources aimed at guiding NOS instruction. A search of the National Science Teachers Association database for (...) Next Generation Science Standards -aligned instructional resources resulted in an analytical sample of eight lessons. All materials accompanying these lessons were analyzed for their representations of 10 NOS aspects. The evaluation of these materials revealed a prevalence of implicit, naïve representations in the sample lessons. Examination of the connections to NOS in these lessons leads to a set of recommendations to improve the quantity and quality of NOS representations in future NGSS-aligned instructional resources. The analytical approach used and the issues raised about the presentation and treatment of NOS in precollege lessons are of interest to the broader science education community. (shrink)

Drawing on a ritual approach to microsociology, I explain how and why aesthetic and moral practices inform each other and evolve as they do. I continue to develop a theory of aesthetic engagement, specifying how it generates the emotional sensibilities that inform moral practices. Examining aesthetic engagement and emotional sensibilities focuses our theoretical attention on our capacity to find our moral bearings, even in unfamiliar or challenging conditions. To develop this perspective, I draw on Bargheer’s Moral Entanglements and a volume (...) on bird watching’s therapeutic value, Bird Therapy. These two works provide insight into the micro-emotional dynamics through which nature-based practices generate aesthetic power. I conclude by discussing the implications of aesthetic and moral practices for theorizing cognition and culture. In particular, I argue that an aesthetic practice approach to perceiving and knowing about the world does not fit neatly into the dual processing frameworks currently popular in Cultural Sociology. (shrink)

Robert S. Summers is a distinguished legal theorist whose work has had significant influence in Europe as well as the United States. The study of form and substance in law, the theme of this collection, marks many of his most distinctive contributions to law and legal philosophy over four decades.

This book addresses three major questions about law and legal systems: (1) What are the defining and organizing forms of legal institutions, legal rules, interpretive methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This is the first book (...) that seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects. (shrink)

Morality after Calvin' examines the development of ethical thought in the Reformed tradition immediately following the death of Calvin. The book explores a previously unstudied work of Theodore Beza, the Cato Censorius Christianus (1591). When read in conjunction with the works and correspondence of Beza and his colleagues (Simon Goulart, Lambert Daneau, Peter Martyr Vermigli, among others), the poems of the Cato reveal the theoretical underpinnings of the disciplinary activity during the period. Kirk M. Summers shows how the moral fervor (...) of the latter half of the sixteenth century had its genesis in a well-formulated theology that viewed a Christian's sanctification as a process of restoration to an original order created by God. 00. (shrink)

Notes on Criticism in Legal Philosophy ROBERT S. SUMMERS I. INTRODUCTION Legal philosophers criticize and evaluate as well as originate and expound. ...

... four most important American legal theorists of the last hundred years. Of the others, Oliver Wendell Holmes Jr., Roscoe Pound, and Karl N. Llewellyn, ...

Hofmann, Solbakk, and Holm's (2006) analysis of the use of analogies is an important contribution to the methods of bioethics scholarship. This type of analogical reasoning is certainly common in b...

: National bioethics commissions have been critiqued for a variety of structural, procedural, and political aspects of their work. A more recent critique published by Dzur and Levin uses political philosophy to constructively critique the work of national bioethics commissions as public deliberative forums. However, this public forum critique of bioethics commissions ignores empirical research in political science and normative claims that suggest that advisory commissions can and should have diverse of functions beyond that of being public forums. The present (...) paper argues that the public forum critique too narrowly considers the roles that bioethics commissions can play in public bioethics and ignores the moral obligation of commissions to fulfill their mandates. Evaluations of commissions must consider that these institutions can serve in capacities other than those of a public deliberative forum and use additional measures to evaluate the multiple roles and successes of bioethics commissions in public policy. (shrink)

People with Scrupulosity have rigorous, obsessive moral beliefs that lead to extreme and compulsive moral acts. These fascinating outliers raise profound questions about human nature, mental illness, moral belief, responsibility, and psychiatric treatment. Clean Hands? Uses a range of case studies to examine this condition and its philosophical implications.

: Bioethics commissions have been critiqued on the basis that they are not sufficiently public or are too reliant upon expertise to have legitimacy or authority in regard to public policy debates. Adequately assessing the legitimacy and authority of commissions requires thinking clearly about the "publics" these commissions serve, the primary tasks of public bioethics, and how those tasks might be performed with a certain kind of ethical expertise and limited authority that makes them legitimate players in public policy debates (...) concerning bioethics. (shrink)

One way in which information about the unknown is socialized to children is through adult testimony. Sharing false testimony about others with children may foster inaccurate perceptions and may result in prejudicially based divisions amongst children. As part of a larger study, mothers were instructed to read and discuss an illustrated story about Arab-Muslim refugees from Syria with their 6- to 8-year-olds. Parent-child discourse during two pages of this book was examined for how mothers used Islam as a talking point. (...) Results indicated that only 50% of mothers and 13% of children shared accurate testimony about Islam. However, while 35% of children admitted uncertainty in their knowledge, only 3% of mothers admitted uncertainty. These results highlight the importance of parents sharing the confidence in their knowledge. If parents teach inaccurate information about other religions, it may create a greater divide between children of different religious backgrounds. (shrink)

Natural ecosystems provide important services upon which humans depend. Unfortunately, some people tend to believe that these services are provided by nature for free; therefore, the services have little or no value. One nearly forgotten ecosystem service is ecotherapy – the ability of interaction with nature to enhance healing and growth. While we do not pay for this service, its loss can result in a cost to humans resulting in slower recovery times, greater distress and reduced well-being. Losses in these (...) images of nature can diminish our basic happiness. Little is understood or, at least, appreciated concerning the potential ecotherapy benefits of the natural environment and its ecosystem services. The complex and interactive relationship of ecosystems, their services and human well-being is poorly acknowledged in the broad social, philosophical, psychological and economic well-being literature. In this article, we examine the role of nature and its ecosystem services in ecotherapy and its associated enhancement of recovery from physical and mental illness through a review of studies evaluating this ecosystem service-recovery connection. (shrink)

My essay incorporates Irigaray's notion of the sensible transcendental, a dynamic attempt to reconstitute the body/mind dualism which founds Western thought, into a reading of the practice of European concert dance. I contend that Irigaray's efforts toward articulating a language of the body as active agent have much to offer analyses of dance practice, and develop this claim through a reading which reflects philosophically on the changing nature of my own dance activity.

How does social organization persist? How does social organization transform? This article proposes that social scientists can begin to answer these questions by considering social organization as the intermittent construction and decay of patterned action, and social actors as centers of organization with the capacity to exert force within some social scene. From this perspective, contexts that shape the dynamics of both actors and scenes could be imagined as turbulent flows that push and pull action into temporary patterns. By viewing (...) social organization as temporary vortexes of involvement within turbulent flows of action, social scientists can focus their attention on the processes at play in the creation, stabilization, and collapse of social organization. Such a perspective corrects some of the limitations in network and field approaches for investigating the fluidity of social organization. Key Words: social organization • timing • stability • cycles • social patterns. (shrink)

Scrupulosity raises fascinating issues about the nature of moral judgment and about moral responsibility. After defining scrupulosity, describing its common features, and discussing concrete case studies, we discuss three peculiar aspects of moral judgments made by scrupulous patients: perfectionism, intolerance of uncertainty, and moral thought-action fusion. We then consider whether mesh and reasons-responsiveness accounts of responsibility explain whether the scrupulous are morally responsible.

Introduction Ihe name of George Lewis first became known to me when I began to listen to traditional jazz bands, primarily Ken Colyer's, in England in the ...

. The author aims at defining the borderlines of the concept “rule of law.” This has been often inflated to encompass several dimensions of an ideal legal order. The author on the contrary believes that the “rule of law” ought to be a “thin” ideal. As a matter of fact, when the “rule of law” signifies almost any dimension of an ideal legal order, it comes to stand for nothing essential in particular. Deflation is then advocated for the rehabilitation of (...) the normative content of the “rule of law.” This means that the “rule of law” should be defined as a concept covering only some well delimited dimensions of an ideal legal order. (shrink)

.The author summarizes the essential elements of a general theory he is developing which he calls “The Formal Character of Law.” He explains that law's formal character is a potentially major branch of legal theory that is still relatively unexplored. In his view, it is possible to identify formal attributes in legal rules, other basic legal constructs such as interpretive method, the principles of stare decisis, legal reasons, and legislative and adjudicative processes, and a legal system viewed as a whole. (...) For example, a legal rule has, in varying degrees, such formal attributes as generality, definiteness, and simplicity. Such attributes are formal in the sense that they apply to or accommodate highly variable content and do not prescribe or proscribe content. Of course, legal phenomena have other characteristics besides their formality. The author's main technique for developing his theory is to address a common set of questions to the varied formal attributes of , , and above. Among other things, the answers to these questions further explicate how law is formal, demonstrate that law is not merely a means of serving problem‐specific policy but also serves formal values , treats the relations between form and content—specially how good form begets good content and bad form bad content, explores the design and implementation of appropriate formality—its “anatomy and physiology,” and analyses the “pathology” of legal form including not only the “formalistic” , but also the “sub‐stantivistic,” and shows how the overall theory is important both jurisprudentially and in practical ways. (shrink)

The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have non‐formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to the basic (...) needs of a legal system, and when such an end is organizational, as with democracy, liberty, and the rule of law, form is end as well as means. (shrink)

Scrupulosity is a form of OCD where patients obsess about morality and sometimes compulsively confess or atone. It involves chronic doubt and anxiety as well as deviant moral judgments. This chapter argues that Scrupulosity is a mental illness and that its distortion of moral judgments undermines, or at least reduces, patients’ moral responsibility. The authors go on to argue that this condition challenges popular deep-self theories of responsibility, which assert that one is only blameworthy or praiseworthy for actions that arise (...) from one’s deep self, from what one truly values. Patients with ego-syntonic Scrupulosity, however, identify with their condition and seem to have cares that reflect their deep selves, yet do not seem fully responsible for their actions or their consequences, such as neglecting the needs of their loved ones. Other theories, particularly reasons-responsiveness theories, better capture the ways in which responsibility in Scrupulosity is reduced. (shrink)

We sometimes want to understand irrational action, or actions a person undertakes given that their acting that way conflicts with their beliefs, their desires, or their goals. What is puzzling about all explanations of such irrational actions is this: if we explain the action by offering the agent’s reasons for the action, the action no longer seems irrational, but only a bad decision. If we explain the action mechanistically, without offering the agent’s reasons for it, then the explanation fails to (...) explain the behavior as an action at all. I focus on cases that result from compulsion or irresistible desire, especially addiction, and show that this problem of explaining irrational actions may be insurmountable because, given the constraints on action explanations, we cannot explain irrational actions both as irrational and as actions. (shrink)

Due to growing consumer demand for mission-driven businesses, new corporate forms have emerged over the past decade in the United States. The Benefit Corporation is the fastest-growing of these new forms. Benefit Corporations are for-profit, but allow the firm to declare a “social purpose/benefit” in its articles of incorporation and permit the firm to pursue the benefit in tandem with increasing shareholder value. This paper first attempts to evaluate how effectively states have implemented this legislation. This paper extrapolates potential problems (...) in the irregularities of visibility and record-keeping across the various states through the analysis of data accessibility and legislative differences. Irregularities in the public rollout of this legislation affect the transparency of Benefit Corporations and, as a result, the ability for stakeholders to hold the firm accountable. Complicating these issues is the fact that Benefit Corporation advocacy is largely centralized in a few third party organizations. This paper examines some of the downfalls of such conflated public/private involvement in implementing successful innovative business structures. (shrink)