This essay assesses the debate over “moral reading” and “originalist” approaches to constitutional interpretation, as elaborated in James E. Fleming, Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalism (2015), by evaluating the recent, momentous constitutional controversy in the United Sates of America over access by same-sex couples to civil marriage. Justice Kennedy’s landmark majority opinion in Obergefell v. Hodges (2015), which held that such couples have a fundamental right to marry, employed a “ (...) class='Hi'>moral reading” in emphasizing evolving understandings of constitutional guarantees of equality, the “promise of liberty” and the institution of marriage. By contrast to the dissenters, the majority rejected a static, narrow reading of the fundamental right to marry —and marriage— and stressed the role “insight” and generational progress. Evolving understanding played a similar role in Goodridge v. Department of Public Health (2013), which provided a template for Kennedy’s rejection of a narrow originalism focused only on historical practices or original intent. Such moral readings of the Constitution have played a significant role in making the Fourteenth Amendment less of (in Justice Ginsburg’s words) an “empty cupboard” for gay men and lesbians, just as they have played a role in making it less empty in the context of sex equality. This essay demonstrates how the contrasting approaches to interpretation in the majority and dissenting opinions in DeBoer v. Snyder (reversed by Obergefell) previewed the interpretive battle between the Obergefell majority and dissents, but with the sides reversed. It then observes that, while some legal scholars offered, in amicus briefs filed in Obergefell, originalist arguments for same-sex marriage, such arguments persuaded neither other originalist scholars nor the Obergefell dissenters. (shrink)

This commentary on Søren Riis’s paper “Dwelling in-between walls” starts from a position of solidarity with its attempt to build a postphenomenological perspective on architecture and the built environment. It proposes however that a clearer view of a technological structure of experience may be obtained by finding technological-perceptual wholes that incorporate perceiver and perceived as well as the mediating apparatus. Parts and wholes may be formed as nested human-technological interiorities that have structured relations with what is outside—so that the outside (...) constitutes an interiority in its turn which contextualises and situates the first. This nested structure raises questions about the way architects and urbanists see the built environment and understand inhabitation. It is hoped that this effort continues with conceptual and empirical work to research ways to make the human places of our built environment. (shrink)

The equivalence principle has constituted one of the cornerstones of discussions in the foundations of spacetime theories over the past century. However, up to this point the principle has been considered overwhelmingly only within the context of relativistic physics. In this article, we demonstrate that the principle has much broader, super-theoretic significance: to do so, we present a unified framework for understanding the principle in its various guises, applicable to both relativistic and Newtonian contexts. We thereby deepen significantly our understanding (...) of the role played by the equivalence principle in a broad class of spacetime theories. (shrink)

By most accounts Deleuze's engagement with Marx begins with the two volumes of Capitalism and Schizophrenia he co-authored with Félix Guattari. However, Deleuze's Difference and Repetition alludes to a connection between Deleuze's critique of common sense and Marx's theory of fetishism, suggesting a connection between the critique of the image of thought and the critique of capital. By tracing this connection from its emergence in the early texts on noology, or the image of thought, to the development in the critique (...) of state thought in A Thousand Plateaus, it can be argued that what initially appears as an entirely infra-philosophical problem, concerned with the presuppositions of philosophy, is not only a political problem as well, but ultimately bears on the very nature of the conjunction between thought and politics, making possible a re-examination of what is meant by revolutionary thought. It is a transition from noology to noopolitics. In the end it can be argued that revolutionary thought is no longer an eschatology, attempting to discern the signs of the future revolution in the present, but a thought oriented towards everything that exceeds the fetish of society, towards the virtual relations and micropolitical transformations that constitute society but exceed its representation. (shrink)

The idea of proof-theoretic validity originated in the work of Gentzen, when he suggested that the meaning of each logical expression was encapsulated in its introduction-rules. The idea was developed by Prawitz and Dummett, but came under attack by Prior under the soubriquet 'analytic validity'. Logical truths and logical consequences are deemed analytically valid by virtue of following, in a way which the present chapter clarifies, from the meaning of the logical constants. But different logics are based on different rules, (...) confer different meanings and so validate different theorems and consequences, some of which are arguably not true or valid at all. It seems to follow that some analytic statements are in fact false. The moral is that we must be careful what rules we adopt and what meanings we use our rules to determine. (shrink)

Affective polarization is characterized by deep antagonism between political opponents and is an issue of growing concern. Some philosophers have recently suggested empathy as a possible remedy. In particular, it has been suggested that empathy might mitigate the harm resulting from affective polarization by helping us find common ground across our differences. While these discussions provide a helpful starting point, important questions regarding the conditions under which empathizing and finding common ground are morally appropriate and likely to be useful, given (...) the many risks associated with taking this approach, remain unaddressed. In this paper, I therefore give an account of the risks that we must reckon with if empathy and common ground are to help remedy affective polarization and repair damaged relations between political opponents. Far from suggesting that empathy is morally unimportant or intrinsically harmful, my goal is thus to extend and amplify previous discussion to promote a more nuanced understanding of empathy's role in this important aspect of the moral life and to ensure that our efforts to empathize are appropriate and fruitful. (shrink)

Historically, a great deal of attention has been addressed to the question of what it would take to test experimentally the metrical structure of spacetime. Arguably, however, consideration of this question has been at the expense of comparable investigations into what it would take to test other structural features of spacetime. In this article, we critique and expand substantially upon an article by Hadley (Hadley in Class Quantum Gravity, 19:4565–4571, 2002), which constitutes one of the best-known paper-length studies of what (...) it would take to test the orientability of spacetime. In so doing, we seek to clarify a number of matters which remain unclear in the wake of Hadley’s article, thereby allowing the literature on this topic to progress. More positively, we also present, compare, and evaluate a number of other potential approaches to testing the orientability of spacetime which have arisen in the recent physics literature. (shrink)

The existence of other people addresses us; their existence is a fundamentally second-person matter. This chapter argues that staying too much in the would-be-utterly spectatorial third person, or stuck within the first person, has been philosophy’s bane. Such ‘objectivity’ and ‘subjectivity’, far from being opposites, are but two sides of the same coin. The alternative is the living world of the second person: being involved with others. I connect my illustration and elicitation of this ethics to Løgstrup and to Levinas. (...) And I triangulate my relational ethic with an apparent problem of ‘individualism’ in the second-person perspective as present in the work of Nykänen and Backström. (shrink)

Critics of empathy—the capacity to share the mental lives of others—have charged that empathy is intrinsically biased. It occurs between no more than two people, and its key function is arguably to coordinate and align feelings, thoughts, and responses between those who are often already in close personal relationships. Because of this, critics claim that empathy is morally unnecessary at best and morally harmful at worst. This paper argues, however, that it is precisely because of its ability to connect people (...) by coordinating and aligning their feelings, thoughts, and responses, that empathy is especially well suited to perform one particular moral task that has been largely overlooked in moral philosophical discussions. That is, helping people, including those who are antagonistically opposed on matters of moral, social, and political importance—what I call antagonistic moral opponents—find common ground: a set of shared beliefs, attitudes, values, or experiences that lays the requisite ground for even minimally positive relationships. Doing so can contribute to a number of morally, practically, and epistemically important outcomes, including resolving fraught disagreements, mitigating antagonism, promoting cooperation, learning from differences, and even forging positive relationships of various sorts. Contra critics, I therefore maintain that empathy is important for at least one area of the moral life. (shrink)

This volume provides an integrated and wide-ranging set of primary-source readings on the relationship between moral values and economic activity, as articulated by some of the leading figures in Western civilization. From the ancient Greeks to the present, Economic Morality: Ancient to Modern Readings offers substantial coverage to each major period of history: classical Antiquity, the Middle Ages, the Renaissance and Reformation, the Enlightenment, the Industrial Revolution, and the modern era. Everything from Aristotle to Adam Smith, from Marx to (...) Hayek, and from Proudhon to Nozick has been brought together in one comprehensive survey. The perspectives represented in our volume include those of Christians and Muslims; Protestants, Catholics, and Jews; believers and non-believers; capitalists and socialists; conservatives and libertarians. They emphasize both law and mores, as well as history, philosophy, religion, and economics. This is a genuinely interdisciplinary volume, and one that invites a catholic and humanistic conversation. In preparing this collection, the contributors aim to recover something of the range of moral opinion that first accompanied the rise of "economics" in the eighteenth-century Enlightenment. The loss of that range of opinion has left a troubling void in our academic and public discourse. Those who broadly embrace the modern economic project tend to view it pragmatically but not morally, while those who are more critical of it often end up in a moral monologue that is unsatisfying to all sides. By showing the optimistic pragmatists the rich tradition of moral criticism and the pessimistic critics the equally rich tradition of (qualified) moral approbation, this volume seeks to facilitate conversation and bring much-needed mutual comprehension to a perennial debate. (shrink)

Supposing that one is already familiar with special relativistic physics, what constitutes the best route via which to arrive at the architecture of the general theory of relativity? Although the later Einstein would stress the significance of mathematical and theoretical principles in answering this question, in this article we follow the lead of the earlier Einstein (circa 1916) and stress instead how one can go a long way to arriving at the general theory via inductive and empirical principles, without invoking (...) presumptions concerning the geometrical structure of the final theory. We focus on the construction of the kinematical structure and the terms describing the coupling of matter to gravity. General covariance, understood and employed as a straightforward extrapolation of empirical considerations, is central to our derivation, together with what we dub the `Methodological Equivalence Principle'. We argue that our approach has a number of virtues, both for one's understanding of the general theory of relativity, but also for pedagogy, since it stresses---to the greatest extent possible (a lesson which we inherit from Bell, [1976])---both the methodological precedence of dynamical considerations to interpretative issues and the theoretical continuity between general relativity and its precursors. We conclude by comparing our approach to other philosophical approaches to general relativity and discussing the significance of empirically motivated methodological principles in the philosophy of science. (shrink)

While researchers have examined the types of ethical issues that arise in long-term care, few studies have explored long-term care nurses’ experiences of moral distress and fewer still have examined responses to initial moral distress. Using an interpretive description approach, 15 nurses working in long-term care settings within one city in Canada were interviewed about their responses to experiences of initial moral distress, resources or supports they identified as helpful or potentially helpful in dealing with these situations, (...) and factors that hindered nurses in their responses. Using a thematic analysis process, three major themes were identified from the nurses’ experiences: (i) the context of the situation matters; (ii) the value of coming together as a team; and (iii) looking for outside direction. The work of responding to initial moral distress was more fruitful if opportunities existed to discuss conflicts with other team members and if managers supported nurses in moving their concerns forward through meetings or conversations with the team, physician, or family. Access to objective others and opportunities for education about ethics were also identified as important for dealing with value conflicts. (shrink)

Education for peace.--Education in things.--Culture and education in a world order.--The moral significance of aesthetic education.--The education of free men.

Causation is a topic of perennial philosophical concern. As well as being of intrinsic interest, almost all philosophical concepts — such as knowledge, beauty, and moral responsibility — involve a causal dimension. Nonetheless, attempts to provide a satisfactory account of the nature of causation have typically led to barrages of counterexamples. I hope to show that a number of the difficulties plaguing theories of causation have a common source.Most philosophical theories of causation describe a binary relation between cause and (...) effect, or at any rate, a relation that reduces to such a binary relation when certain background information is held fixed. Indeed, most theories provide the same general account of when this relation holds: in order to evaluate whether C causes E, we must make a comparison between two cases, which we may neutrally label as C and ∼C. Where theories of causation differ, of course, is in precisely what is being so compared. Regularity theories of causation require a comparison between what actually happens whenever C occurs, and what actually happens, elsewhere and elsewhen, when C does not occur. (shrink)

In this Article, I assess James E. Fleming’s Fidelity to Our Imperfect Constitution. For Moral Readings and Against Originalisms. For that purpose: in Part II, I reexamine Ronald Dworkin’s “moral reading”; in Part III, I reevaluate Fleming’s argument both “for moral readings and against originalisms”, which can be characterized as “fidelity to our imperfect constitution”; in part IV, I explicit three very helpful dichotomies to distinguish between moral readings, originalisms and legal pragmatism aka (...) living constitutionalism: (1) fidelity and anti-fidelity; (2) interpretation and non-interpretation aka (re)construction, (re)invention and (judicial) legislation; and (3) perfectionimperfection. Additionally, I reintroduce Lon L. Fuller’s distinction between “intelligent and unintelligent fidelity”, to point out the kind of fidelity that moral readers and everyone else must adopt: an intelligent fidelity; and, finally, I present my general conclusion. (shrink)

From the philosophy of mind and language, through physics and mathematics, to the philosophy of the human sciences, morality and religion, there is almost no area of philosophy to which Hilary Putnam has not made highly original and influential contributions. This wide-ranging collection of papers provides a critical assessment and exploration of Putnam's Seminal Work. Written by Philosophers themselves well known for their work in the field, each essay bears witness to the continuing influence and importance of Putnam's thought. Putnam's (...) reply constitutes an extensive new essay which clarifies, and develops further, central themes in his philosophy. This volume includes papers by Simon Blackburn, George Boolos, Michael Hallett, Michael Redhead, Thomas Ricketts, David Wiggins and Crispin Wright. (shrink)

Dante's Commedia compels readers to confront the mystery of their existence, to seek understanding of their relationship to the living conscious reality from which all possible experience arises. By pursuing these lines of inquiry, says Vittorio Montemaggi, readers can reach an ultimate reality that Dante calls love. Montemaggi offers a detailed theological reading of the Commedia, examining the theme of human interaction, both as it is represented in the poem-the narrator Dante's interaction with other characters-and by the relationship between (...) author and reader. In doing so, he locates a Dante we may not be used to imagining, a man aware both of the spiritual power of his work, and of his profound, essential vulnerability and moral failing. Montemaggi shows that, for this Dante, truth emerges only through human limitation and failure, and not in spite of it.Applying this interpretive framework to a reflection on the methodology of scholarship itself, Montemaggi offers a vision of what the academy could be-not individual scholars in competition with others, but a community that seeks to foster the understanding that can arise through interaction, vulnerability, and love. His vision constitutes a benign challenge to some of the ethos and practices of the modern academy, while simultaneously reflecting on the dynamics of one of the most inspiring and influential texts ever written about the relationship between humanity and divinity. (shrink)

Max Weber was a German academic, a liberal, but a liberal of the Kaiser's Germany: a nationalist, an anti-Socialist, a Prussian reserve officer. In an autobiographical passage he says, "The usual training for haughty aggression in the duelling fraternity [at university] and as an officer had undoubtedly had a strong influence upon me", GM, p.7. According to the editor's introduction in GM, "The concept of the nation and of national interest... is the limit of Weber 's political outlook and... constitutes (...) his ultimate value", ibid. p.48--i.e. the survival needs of Germany would over-ride any moral restriction. Weber was active in politics as a National Liberal, in opposition to both conservatives and socialists. He was contemptuous of the Kaiser, but supported certain annexationist war aims in World War I. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:324 BOOK REVIEWS Reading in Communion: Scripture & Ethics in Christian Life. By STEPHEN E. FowL & L. GREGORY JONES. Series: Biblical Foundations in Theology. Grand Rapids: Wm. B. Eerdmans Pub. Co., 1991. Pp. ix + 166. $13.95 (paper). This book represents the collaborative attempt of a biblical scholar and an ethicist to determine the precise sense in which scriptural texts can be taken as normative for the (...) Christian moral life. The collabora· tion is a fruitful one, its results illuminating not only the problem of method in ethics, but issues of biblical hermeneutics as well. This re· sult is not serendipitous; for the authors, the question of how one ought to live the Christian life and the question of how one ought to interpret Scripture are inextricably linked. Indeed, perhaps it would be more accurate to suggest that, on the account that Fowl and Jones supply, these are different formulations of the very same question. There is no rigid demarcation here between the hermeneutical and the ethical realm, no rigorous sorting out of issues appropriate to each field of inquiry. The authors make good on their introductory promise "to write a single text " rather than simply to generate a series of " alternating perspectives " (p. 3). In the very first chapter of the book, certain typical, even dominant, ways of construing the relationship between Scripture and ethics are briefly reviewed and then rejected. Ethics is commonly perceived as being primarily "concerned with right actions and decisions," the authors contend, while the Bible is viewed as a moral guide for the " particular decisions made by isolated individuals " (p. 5). In contrast, Fowl and Jones argue that " Scripture is primarily addressed not to individuals but to specific communities called into being by God " (p. 8). Moreover, our ethical deliberations ought not to be focused on particular decisions and the formulation of moral principles that bear on those decisions, but rather, on " issues of character and the formation of character in and through socially-embodied traditions" (p. 9). The consequences of such a general position are carefully and sen· sitively explored in this first and in subsequent chapters. The authors reject the assumption that one such consequence must be the conclusion that moral behavior is not, after all, ruled behavior, that one cannot formulate and articulate the principles that govern much of what we do. Their position entails the conclusion, rather, that such principles cannot be meaningfully detached from the communally embodied traditions that engender them. Indeed, they have meaning at all only in· sofar as the individuals describing, interpreting and employing these BOOK REVIEWS 325 principles possess the peculiar habits and beliefs characteristic of the :members of a specific community. In the analysis of any given moral situation, then, the discussion of principles will necessarily presuppose.a discussion of character, of the sorts of persons involved in the situation, their moral beliefs and capabilities. It is important to note that this discussion will often take a narrative form, precisely because the delineation of character is most readily accomplished by telling stories about persons, about their communities, their politics and practices, their interests and aspirations. Thus, moral capabilities are formed in " the friendships and prac-.tices " that constitute communal life. In asserting this, the authors defend an important but not terribly controversial claim. What is especially intriguing and insightful about their account, however, is the reIated claim that moral capabilities are also hermeneutical capabilities, that some of the patterns and habits of action acquired by living in a·Community also function as habits of interpretation. "Well-formed·character," Fowl and Jones explain, is crucial not only to "Christians'.ability to live faithfully in the various contexts within which they find themselves," but also to their " ability to read, speak and perform the word of the Lord " (p. 85). Moral virtue is, on their account, a kind of interpretive skill. (If not identical, character and interpretive skill.are, at the very least, formed in the same process, inextricably linked ;together as aspects of "practical wisdom." See page 31.) This result is especially meaningful once it becomes clear that the authors are employing a usefully broadened concept of " interpreta· tion." To interpret a scriptural text can and often... (shrink)

Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Aesthetic Turn: Reading Eliot Deutsch on Comparative PhilosophyJoseph GrangeThe Aesthetic Turn: Reading Eliot Deutsch on Comparative Philosophy. Edited by Roger T. Ames. Chicago: Open Court, 2000. Pp. xiv + 225. Hardcover $42.95.The quality of the eleven contributions to The Aesthetic Turn: Reading Eliot Deutsch on Comparative Philosophy, edited by Roger T. Ames, which celebrates the work of Eliot Deutsch, is one measure of the (...) man. The other is the man himself. It is no exaggeration to say that his efforts as a philosopher and editor of Philosophy East and West helped lay the foundation for the flourishing discipline now called comparative philosophy. In this work, some of the more important philosophers engaged in this worldwide effort comment on particular aspects of Deutsch's philosophy. The results are an exceptional tribute to an exceptional philosopher. Deutsch's responses show an open and gracious intelligence at work, one that is constantly learning from the insights of others.Arthur Danto offers his understanding of the relation between mysticism and art in Deutsch's philosophy. Deutsch's response brings the reader back to the formative years at Columbia University and the still simmering debate over what constitutes a genuine work of art. By revisiting this debate on the ontological status of the modern and the commonplace in a work of art we are provided flashes of insight into Deutsch's understanding of the mystical dimension of "radiant form" as the source of beauty in art. Graham Parkes offers a meditation on the form of the Zen rock garden and thereby prompts an enlightening discussion of the place of the arbitrary and the perfect in aesthetic experience. Essays by J. N. Mohanty and Thomas Kasulis inquire into Deutsch's theory of truth as the real presence of ontological "rightness" and the "fulfillment" of attention. The influence of Advaita Vedānta on Deutsch's thought is nicely brought out as is the continuity of his ideas with other classical European views of truth. Gerald Larson explores the role of the "Tradition Text" in Deutsch's comparative philosophy. Postmodern philosophers could learn from Deutsch's careful handling of historical sources even as he appropriates the moving center of Indian philosophy for his own philosophical projects.One of the most brilliant essays in this festschrift is contributed by Herbert Fingarette. By bringing together the art of "wei wuwei" and the act of suffering, understood as the process of letting be what is really happening, Fingarette restores to suffering its genuine spiritual core. To suffer is not just to suffer pain but rather to "Suffer the Way to be. Do not interfere. Be like water—passive, and yet in the end powerful" (p. 74). Deutsch is moved by this extraordinary essay to offer an exceptional restatement of the central doctrine of the Bhagavad Gītā and his own theory of free action and its relation to authentic art: "This power is compelling for others. It attracts, because it is evident; it calls because one recognizes its possibilities for oneself; it demands because it sets a standard by which one measures, as it were, one's own attainment as a person" (p. 193). The continuing presence of normative [End Page 116] thinking in the pursuit of liberation demonstrates just how serious and well-disciplined is the Asian understanding of moksha. This profound meditation by two wise men is one of the highlights of this book.But Deutsch can also be very tough. The exchange between him and Daya Krishna on the possibility of effective worldly action, given the tenets of the Advaita Vedānta school, offers the spectacle of two very powerful minds struggling with ultimate issues of deep metaphysical concern. Deutsch's response involves careful distinctions to be drawn between concepts such as person, self, and individual. These in turn allow him to paint a very concrete portrait of the acting person as first of all and always a loving being. The continuing relevance of forms of idealistic thinking to a largely secular world is given a robust defense in Deutsch's review of his lifelong efforts to craft a theory of the person as having within its very being the moral, social... (shrink)

In this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it (...) is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies. (shrink)

Bringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britain’s ex-colonies, this book is an original reflection upon the relationship between the written and the unwritten constitution. Can a nation have an unwritten constitution? While written constitutions both found and define modern nations, Britain is commonly regarded as one of the very few exceptions to this rule. Drawing on a range of theories concerning writing, law and violence, _Constitutions (...) _makes a theoretical intervention into conventional constitutional analyses by problematizing the notion of a ‘written constitution’ on which they are based. Situated within the frame of the former British empire, this book deconstructs the conventional opposition between the ‘margins’ and the ‘centre’, as well as between the ‘written’ and ‘unwritten’, by paying very close, detailed attention to the constitutional texts under consideration. Pryor argues that Britain’s ‘unwritten’ constitution and ‘immemorial’ common law only take on meaning in a relation of difference with the written constitutions of its former colonies. These texts, in turn, draw on this pre-literate origin in order to legitimize themselves. The ‘unwritten’ constitution of Britain can therefore be located and dislocated in postcolonial written constitutions. _Constitutions _is an excellent addition to the bookshelves of all students of the philosophy of law, political theory, constitutional and administrative law and jurisprudence. (shrink)

What is Justice? Classic and Contemporary Readings, 2/e, brings together many of the most prominent and influential writings on the topic of justice, providing an exceptionally comprehensive introduction to the subject. It places special emphasis on "social contract" theories of justice, both ancient and modern, culminating in the monumental work of John Rawls and various responses to his work. It also deals with questions of retributive justice and punishment, topics that are often excluded from other volumes on justice. This new (...) edition features expanded and updated readings on justice and punishment and includes more recent responses to John Rawls's work. Part One of the book features selections from classical sources including Homer, Plato, Aristotle, Aquinas, and Mencius, as well as excerpts from the Bible and the Koran. Part Two provides readings on the state of nature and the social contract, from Hobbes and Locke to Rawls, Nozick, Gauthier, and Baier. Part Three includes the Declaration of Independence and Amendments to the U.S. Constitution in addition to selections on property and social justice by Locke, Hume, Adam Smith, Engels, Marx, Mill, and several contemporary authors. Part Four offers a wide variety of readings on punishment, several of which address the death penalty. Part Five begins with selections from Rawls's work and includes responses from Dworkin, Nagel, Nozick, MacIntyre, Sandel, Walzer, Okin, and Rawls himself. Each selection is preceded by a brief introduction and each of the five parts opens with an introduction. The volume is further enhanced by a general introduction and an updated and extensive bibliography. Ideal for a wide variety of courses including social and political philosophy, ethics, philosophy of law, and contemporary moral problems, What Is Justice?, 2/e, does not assume any philosophical or specialized background. It is also engaging reading for anyone interested in justice. (shrink)

Analyzing the constitutionality of a law is a process of constitutional interpretation which does not limit itself to comparing two texts in order to see whether they are concordant or not. The nature of constitutional interpretation is the subject of this article, a subject that is dealt with from the perspective of the dispute between originalism and non-originalism (interpretivism) prevalent within the contemporary philosophy of law, especially the American one. The article offers a synthetic view on some of the most (...) controversial issues pertaining to the theory and methodology of contemporary constitutional interpretation, such as: whether the interpretation of the Constitution is guided by the founders’intentions or by the text’s own words; whether the meaning of the Constitution is determined by the intentions, aims or values of the founders’ generation or by those of the contemporary generation? What are the grounds that justify the authority of the constitutional text, in other words, does this authority derive from its constraining capacityorfromitsabilitytobestowdemocraticlegitimacy?Constitutional interpretation must concentrate on the text or on the interpreter? Do the judges discover or build the constitutional meaning? In other words, is it the past or the present that guides the interpretation? Is the original interpretation the legitimate one or are legitimate the later interpretations of the constitutional text? (shrink)

What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional (...) rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory. (shrink)

The evolution from pre-human primates to modern Homo sapiens is a complex one involving many domains, ranging from the material to the social to the cognitive, both at the individual and the community levels. This article focuses on a critical qualitative transition that took place during this evolution involving both the social and the cognitive domains. For the social domain, the transition is from the face-to-face forms of social interaction and organization that characterize the non-human primates that reached, with Pan, (...) a hiatus due to the centripetal effects that highly individualized behavior has on a social system. The transition is to the relation-based forms of social organization that evolved in the hominins ancestral to Homo sapiens and are universal in human societies today. For the cognitive domain, this transition involves going from behavior responding mainly to phenomenal level sensory inputs to behavior formed in accordance with the concept of a relation, initially abstracted from behavior patterns, then extending the concept of a relation beyond abstraction from behavior patterns to the concept of a relation generated recursively through constructing the relation of a relation. This extension made possible the construction of systems of relations; initially genealogical systems of relations constructed culturally using the logic of recursion, and subsequently, the symbolic, computational systems of kin term relations referred to by anthropologists as kinship terminologies. The latter are “constructed realities” in the sense this term is used by cultural anthropologists. It follows that the evolution of relation-based systems of social interaction is not adequately accounted for through population model evolutionary accounts such as the Dual Inheritance Theory of human evolution since “constructed realities” constitute collectively and publicly shared cultural knowledge rather than the individually and privately possessed knowledge that is assumed in the population model framework for human evolution. (shrink)

We agree with Hilbert’s assessment that the concept of ‘infinite’ stands in need of clarification – however, our proposed ‘solution’ is almost diammetrically opposed to that of Hilbert.

James Klagge aims to shed light on Wittgenstein’s philosophy by situating it in its biographical–cultural context. While Klagge is not alone in pursuing this aim, his claim to originality lies in his thematic focus on Wittgenstein’s relationship to his time and culture as one of “alienation” (3), expressed by the metaphor of being “in exile” (61). A central concern of Klagge’s is how we, as modern readers living in a “civilized” culture not dissimilar to the one from which Wittgenstein felt (...) himself estranged, can hope to understand the philosophical writings of such a radically distant “other.” Klagge’s suggestion is that through acknowledging and engaging with just how different Wittgenstein was, we can .. (shrink)

This original and compelling book argues that previous studies of John Stuart Mill's work have neglected his egalitarianism and thus seriously misunderstood his views. Morales demonstrates that Mill was fundamentally concerned with how the exercise of unjust or arbitrary power by some individuals over others sabotages the possibility of human well-being and social improvement. Mill therefore believed that 'perfect equality'--more than liberty--was the foundation of democracy and that democracy was a moral ideal for the organization of human life in (...) all of its dimensions. By reinterpreting Mill, Morales also challenges twentieth-century views of liberalism, and addresses its contemporary communitarian and feminist critics. (shrink)

In this article, we analyse one of the most famous recent thought‐experiments in philosophy, namely Donald Davidson's Swampman. Engaging recent commentators on Davidson's Swampman as well as analysing the spatio‐temporal conditions of the thought‐experiment, we will show how the ‘experiment’ inevitably fails. For it doesn't take seriously some of its own defining characteristics: crucially, Swampman's creation of a sudden in a place distinct from Davidson's. Instead of denigrating philosophical thought‐experiments per se, our analysis points towards considering thought‐experiments in a different (...) sense: imaginary scenarios helpfully self‐deconstructing rather than constituting substantive philosophical resources. (shrink)

Despite the growing influence of constitutional rights over the regulation of horizontal (private) relations, many aspects of this trend remain under-theorized. This article criticizes four ideal-typical constitutional horizontality models for failing to accommodate moral reasons that must shape this regulatory practice: the state action model ignores basic consequentialist aspects of political morality; the direct application model ignores basic relational aspects of interpersonal morality; the strong indirect model recognizes both but subordinates the latter to the former; and the partitioned indirect (...) model recognizes both but separates them too strongly. This article claims that a composite indirect model, which reflects basic features of the common law, can better realize constitutional rights through private law in conditions of moral pluralism: it can expose private law to constitutional rights-based and reform-oriented scrutiny without ignoring, eroding, or distorting the unique normativity of private relations and practices or their underlying values. (shrink)

The article focuses on the definition of constitutional conflicts as moral dilemmas. It discusses the conception of tragic conflicts by which “loss” is a distinctive feature that identifies both moral and constitutional dilemmas. It also asserts the peculiarity of constitutional conflicts vis-à-vis moral dilemmas, as well as the possibility of legal solutions to constitutional conflicts.

Can the question "Why do what morality requires?" be answered in such a way that anyone regardless of their desires or interests has reason to be moral? One strategy for answering this question appeals to constitutive arguments. In general, constitutive arguments attempt to establish the normativity of rational requirements by pointing out that we are already committed to them insofar as we are believers or agents. This study is concerned with the general prospects for such arguments. It starts by (...) explaining the general constitutive argument strategy, followed by an examination of constitutive arguments that have been given regarding theoretical reason and the instrumental principle in practical reason, and concluding with a discussion of some challenges to constitutive arguments in moral philosophy and some possible responses to these challenges. (shrink)

Using the bench trial of Colorado’s Amendment 2 as an example, this article focuses on the more general question of expert testimony in moral philosophy. It argues that there is indeed expertise in moral philosophy but argues against admitting such expert testimony in cases dealing with what John Rawls terms “constitutional essentials” and ‘matters of basic justice.” Developing the idea of public reason inherent in the Rawlsian concept of political liberalism, the article argues that philosophers can and should (...) speak out on public issues, if they do so with due respect for certain restrictions, but that they should not serve as expert witnesses on core constitutional questions, since doing so suggests that they claim a type of authority that would require fellow citizens to defer to their views. Such claims to authority in basic ethical matters threaten the mutual respect for divergent comprehensive doctrines that lies at the core of political liberalism. Philosophers have a duty to serve the public good, and they perform this service in fruitful ways. But they should refuse a public role that appears incompatible with equal respect for the committed ethical searching of their fellow citizens. (shrink)

Otto Weininger was one of the most controversial and widely read authors of fin-de-siècle Vienna. He was both condemned for his misogyny, self-hatred, anti-semitism and homophobia, as well as praised for his uncompromising and outspoken approach to gender and morality. For Wittgenstein Weininger was a 'remarkable genius'. He repeatedly recommended Weininger's Sex and Character to friends and students and included the author on a short list of figures who had influenced him. The purpose of this new collection of essays is (...) to explore the various ways in which Wittgenstein absorbed and responded to Weininger's ideas. Written by an international team of experts on Wittgenstein and Weininger, the volume is especially timely in the light of recent translations of Weininger's work and will appeal to anyone interested in the history of 20th century philosophy, and the literary and cultural history of fin-de-siècle Vienna. (shrink)

Michael Dummett and Dag Prawitz have argued that a constructivist theory of meaning depends on explicating the meaning of logical constants in terms of the theory of valid inference, imposing a constraint of harmony on acceptable connectives. They argue further that classical logic, in particular, classical negation, breaks these constraints, so that classical negation, if a cogent notion at all, has a meaning going beyond what can be exhibited in its inferential use. I argue that Dummett gives a mistaken elaboration (...) of the notion of harmony, an idea stemming from a remark of Gerhard Gentzen's. The introduction-rules are autonomous if they are taken fully to specify the meaning of the logical constants, and the rules are harmonious if the elimination-rule draws its conclusion from just the grounds stated in the introduction-rule. The key to harmony in classical logic then lies in strengthening the theory of the conditional so that the positive logic contains the full classical theory of the conditional. This is achieved by allowing parametric formulae in the natural deduction proofs, a form of multiple-conclusion logic. (shrink)

The received view is that Kant denies all moral luck. But I show how Kant affirms constitutive moral luck in passages concerning radical evil from Religion within the Boundaries of Mere Reason. First, I explicate Kant’s claims about radical evil. It is a morally evil disposition that all human beings have necessarily, at least for the first part of their lives, and for which they are blameworthy. Second, since these properties about radical evil appear to contradict Kant’s even (...) more famous claims about imputation, ‘ought implies can’, and free will, I unpack Henry Allison’s proof of radical evil and show how it is consistent with interpretations of Kant’s broader views about morality. Third, I define and illustrate the category of constitutive moral luck and argue that Kant embraces the existence of constitutive moral luck given Allison-style interpretations of radical evil. This provides a reason for philosophers to reject the received view, and it creates an occasion for Kantians and Kant scholars to check their reasons if they deny moral luck. (shrink)

This book is a piece of philosophical work of extremely high intellectual quality. Its purpose is to defend in detail a ‘resolute’ reading of the Tractatus. It succeeds in this aim. It thus accomplishes something that has not yet been accomplished even by Conant or Diamond. It is therefore a major contribution to ‘Wittgenstein studies’, to contemporary philosophy and to the philosophical history of recent philosophy.

In “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory,” I propose that stereotyping someone—even if you manage to keep your thoughts hidden and don’t act on them—can constitute a form of discrimination (2021b). What, Alex Madva asks, are the practical implications of this claim? Even if I am correct that stereotyping constitutes a form of discriminatory treatment, it’s still possible that people should keep on speaking and acting as if “discrimination” refers exclusively to behaviors and policies. He invites me to (...) explore the “potential payoffs and perils” of referring to thoughts and perceptions as discriminatory, especially as they relate to legal practice and social-scientific inquiry (2021, 46). (shrink)

The Strong Normative Constitutivity reading of logical laws in Frege argues that although he regards logical laws as purely descriptive, he in fact accepts that they are normatively constitutive of the act of judgement. There are passages in which Frege seems to commit himself to such an idea. However, we can understand what Frege argues in those passages based only on his conception of logical laws as the most general descriptive laws and his objectivism about truth. If my suggested (...) interpretation is correct, there is a reason to think that logical laws are merely descriptive for Frege. Further, my interpretation shows that the central issue between Frege and psychological logicians is the nature of truth. (shrink)

This book offers fresh academic insights, reflections, questions, issues, and approaches to development ethics, taking into account, African values and ethics. Development ethics is an area of applied ethics that examines the moral issues involved in global, social, and economic transformation. While it is a relatively new discipline, there have been numerous scholarly publications on it from Western perspectives. However, only a few studies that focused on development ethics from the African perspective. To address this gap, the book seeks (...) to answer critical questions such as "What does development mean to Africans?", "How can we measure development?", "Who gets to decide?", and "What constitutes just development in Africa?" With contributions from African scholars from diverse backgrounds, the book covers various development themes such as Theories and approaches to development ethics in Africa, Environmental Ethics and African Development, Ethics, Politics and African Development, Migration and African development, Gender, Ethics and Socio-economic Development in Africa, Education, Ethics and African development. It is an essential resource for researchers, lecturers, and students interested in political philosophy and African culture studies. (shrink)

John McDowell's Mind and World is widely acknowledged to be one of the most important contributions to philosophy in recent years. In this volume leading philosophers examine the nature and extent of McDowell's achievement in Mind and World and related writings. The chapters, most of which were specially commissioned for this volume, are divided into five parts. The essays in part one consider Mind and World 's location in the modern philosophical tradition, particularly its relation to Kant's critical project. Parts (...) two and three cover issues in epistemology and philosophy of mind, while in part four the focus turns to problems of rationality, realism and ethics. In the final part of the book McDowell responds to the contributors and further elaborates his own views. Together, the essays provide an indispensable resource for understanding McDowell's work and they offer a timely snapshot of the state of play in contemporary philosophy. Reading McDowell is an important and critical contribution to the debates in analytic philosophy and will be a valuable resource for all those interested in Mind and World , philosophy of mind, and epistemology. (shrink)

Jason Read takes up the relation between the individual and collectivity in Althusser’s work. Read focuses on Althusser’s interest in the “ideological dimension of the individual,” primarily by tracing his interest in the law and in particular the moral supplement to the law within its historical dimensions.

Ecological Psychology and Enactivism both challenge representationist cognitive science, but the two approaches have only begun to engage in dialogue. Further conceptual clarification is required in which differences are as important as common ground. This paper enters the dialogue by focusing on important differences. After a brief account of the parallel histories of Ecological Psychology and Enactivism, we cover incompatibility between them regarding their theories of sensation and perception. First, we show how and why in ecological theory perception is, crucially, (...) not based on sensation. We elucidate this idea by examining the biological roots of work in the two fields, concentrating on Gibson and Varela and Maturana. We expound an ecological critique of any sensation-based approach to perception by detailing two topics: classic retinal image theories and perception in single-celled organisms. The second main point emphasizes the importance of the idea of organism-environment mutuality and its difference from structural coupling of sensations and motor behavior. We point out how ecological - phenomenological methods of inquiry grow out of mutualism and compare Gibson’s idea of visual kinesthesis to Merleau-Ponty’s idea of the lived body. Third, we conclude that Ecological Psychology and varieties of Enactivism are laying down different paths to pursue related goals. Thus, convergence of Ecological Psychology and Enactivism is not possible given their conflicting assumptions, but cross-fertilization is possible and desirable. (shrink)

Climate change and the destruction of the earth is the most urgent issue of our time. We are hurtling towards the end of civilisation as we know it. With an unflinching honest approach, Rupert Read asks us to face up to the fate of the planet. This is a book for anyone who wants their philosophy to deal with reality and their climate concern to be more than a displacement activity. -/- As people come together to mourn the loss of (...) the planet, we have the opportunity to create a grounded, hopeful response. This meaningful hopefulness looks to the new communities created around climate activism. Together, our collective mourning enables us to become human in ways previously unknown. -/- Why Climate Breakdown Matters is a practical guide on how to be a radical, responsible climate activist. (shrink)

© Cambridge University Press 2016.Richerson et al. propose cultural group selection as the basis for understanding the evolution of cultural systems. Their proposal does not take into account the nature of cultural idea systems as being constituted at an organizational rather than an individual level. The sealing partners of the Netsilik Inuit exemplify the problem with their account.

Logical pluralism is the claim that different accounts of validity can be equally correct. Beall and Restall have recently defended this position. Validity is a matter of truth-preservation over cases, they say: the conclusion should be true in every case in which the premises are true. Each logic specifies a class of cases, but differs over which cases should be considered. I show that this account of logic is incoherent. Validity indeed is truth-preservation, provided this is properly understood. Once understood, (...) there is one true logic, relevance logic. The source of Beall and Restall’s error is a recent habit of using a classical metalanguage to analyse non-classical logics generally, including relevance logic. (shrink)