Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has gathered (...) together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches.0Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime. (shrink)

In May, 2016 the Diet passed a law on the “Promotion of efforts to eliminate unfair discriminatory speech and behaviour against people originating from outside Japan”, widely referred to as ヘイトスピーチ法 (_Heito Supiichi Hō_ /Hate Speech Law). For some residents of Japan it had been a long time coming. Without any laws specifically prohibiting racially discriminatory speech or writing, aggrieved parties had hitherto been forced to resort to indirect lines of protection. In 1999, for example, a Brazilian national ejected from (...) a jewelry shop displaying a poster saying “No foreigners allowed” obtained a favourable ruling citing Japan’s ratification of the International Convention on the Elimination of All Forms of Racial Discrimination; and in 2013 an injunction for defamation and obstruction of business was granted on behalf of a school for children of North Korean descent repeatedly subjected to provocative demonstrations. But others questioned the need to reinforce limits on freedom of expression even in the face of aggressive taunts, with some claiming that incidents of racial discrimination in Japan lacked the historical, entrenched and violent dimensions that had prompted hate speech laws in Europe and elsewhere. When the text of the proposed law became public there was also debate about its utility as such an abstract measure seemed inapplicable to many potential victims and lacked punitive sanctions. Against this criticism it could be argued that the law went about as far as the government could expect to go if it were to get it passed; that it appears to be curtailing a particularly aggressive form of hate speech; and that it has ushered in a number of more specific initiatives, especially at local level. This study will begin with the 2016 text itself, drawing on the semiotic framework of Systemic Functional Grammar to explore how it prioritises general principles over specific regulations. This textual analysis will be followed by a contextual account of why the Law was constructed as it was, how it has influenced awareness of hate speech, and where it fits in with an existing genre of non-coercive legislation in Japan. (shrink)

Many aspects of how humans form and combine concepts are notoriously difficult to capture formally. In this paper, we focus on the representation of three particular such aspects, namely overexten- sion, underextension, and dominance. Inspired in part by the work of Hampton, we consider concepts as given through a prototype view, and by considering the interdependencies between the attributes that define a concept. To approach this formally, we employ a recently introduced family of operators that enrich Description Logic languages. These (...) operators aim to characterise complex concepts by collecting those instances that apply, in a finely controlled way, to ‘enough’ of the concept’s defin- ing attributes. Here, the meaning of ‘enough’ is technically realised by accumulating weights of satisfied attributes and comparing with a given threshold that needs to be met. (shrink)

Ethics has powerful teeth, but these are barely being used in the ethics of AI today – it is no wonder the ethics of AI is then blamed for having no teeth. This article argues that ‘ethics’ in the current AI ethics field is largely ineffective, trapped in an ‘ethical principles’ approach and as such particularly prone to manipulation, especially by industry actors. Using ethics as a substitute for law risks its abuse and misuse. This significantly limits what ethics can (...) achieve and is a great loss to the AI field and its impacts on individuals and society. This article discusses these risks and then highlights the teeth of ethics and the essential value they can – and should – bring to AI ethics now. (shrink)

This study examined the influence of two organizational context variables, codes of conduct and supervisor advice, on personnel decisions in an experimental simulation. Specifically, we studied personnel evaluations and decisions in a situation where codes of conduct conflict with supervisor advice. Past studies showed that supervisors’ advice to prefer ingroup over outgroup candidates leads to discriminatory personnel selection decisions. We extended this line of research by studying how codes of conduct and code enforcement may reduce this form of discrimination. Eighty (...) German managers evaluated and selected candidates from an applicant pool including Germans (ingroup members) and foreigners (outgroup members). Supervisor advice to prefer ingroup members lowered suitability ratings of outgroup members as well as their chances to be selected for an interview. Ethical codes of conduct referring to equal opportunities limited this form of discrimination, but only when codes were enforced by sanctions and integrated into organizational every-day practice. The implications of these findings for research and practice are discussed. (shrink)

Algorithmic decision-making based on profiling may significantly affect people’s destinies. As a rule, however, explanations for such decisions are lacking. What are the chances for a “right to explanation” to be realized soon? After an exploration of the regulatory efforts that are currently pushing for such a right it is concluded that, at the moment, the GDPR stands out as the main force to be reckoned with. In cases of profiling, data subjects are granted the right to receive meaningful information (...) about the functionality of the system in use; for fully automated profiling decisions even an explanation has to be given. However, the trade secrets and intellectual property rights (IPRs) involved must be respected as well. These conflicting rights must be balanced against each other; what will be the outcome? Looking back to 1995, when a similar kind of balancing had been decreed in Europe concerning the right of access (DPD), Wachter et al. (2017) find that according to judicial opinion only generalities of the algorithm had to be disclosed, not specific details. This hardly augurs well for a future right of access let alone to explanation. Thereupon the landscape of IPRs for machine learning (ML) is analysed. Spurred by new USPTO guidelines that clarify when inventions are eligible to be patented, the number of patent applications in the US related to ML in general, and to “predictive analytics” in particular, has soared since 2010—and Europe has followed. I conjecture that in such a climate of intensified protection of intellectual property, companies may legitimately claim that the more their application combines several ML assets that, in addition, are useful in multiple sectors, the more value is at stake when confronted with a call for explanation by data subjects. Consequently, the right to explanation may be severely crippled. (shrink)

The huge potential of biobanks/genetic databases for the research community has been recognised across jurisdictions in both publicly funded and commercial sectors. But although there is tremendous potential there are likewise potential difficulties. The long-term storage of personal health information and samples poses major challenges. This is an area is fraught with ethical and legal uncertainties. Biobanks raise many questions of the control of rights, of consent, of privacy and confidentiality and of property in human material. It is thus unsurprising (...) then that there has been a lively debate as to how biobanks should operate, the boundaries of participation and what governance structure, if any they should adopt, a debate which has been engaged in across the academic community and by funders and researchers alike. This paper asks despite the good intentions can ad hoc ethics and ethics and governance committees long term provide an effective solution to the legal and regulatory challenges arising from biobanks. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. In contrast to the (...) right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

Realist ideology critique (RIC) is a strand of political realism recently developed in response to concerns that realism is biased toward the status quo. RIC aims to debunk an individual's belief that a social institution is legitimate by revealing that the belief is caused by that very same institution. Despite its growing prominence, RIC has received little critical attention. In this article, I buck this trend. First, I improve on contemporary accounts of RIC by clarifying its status and the role (...) of motivated reasoning. Second, I show that realist ideology critics face a dilemma: either their account makes deeply implausible epistemological assumptions, or they temper its epistemology at the expense of rendering it toothless. I argue for each horn in turn before revealing the dilemma to be a false one by making a novel distinction between varying strengths of RIC based on their underlying epistemological assumptions. I propose Moderate RIC as a solution: upon discovering that one reason for your belief that a social institution is legitimate is likely malignantly epistemically circular, the belief should undergo further epistemic testing. I respond to three potential objections and suggest that Moderate RIC would make a fruitful addition to political theorists' methodological toolkit. (shrink)

When can or should citizenship be granted to prospective members of states? When can or should states withdraw citizenship from their existing members? In recent decades, political philosophers have paid considerable attention to the first question, but have generally neglected the second. There are of course good practical reasons for prioritizing the question of when citizenship should be granted—many individuals have a strong interest in acquiring citizenship in particular political communities, while many fewer are at risk of denationalization. Still, loss (...) of membership in a political community is a practice with a long history that continues to take place today. -/- Concerns about national security have recently led several liberal democratic states to pass, strengthen or consider legislation that would empower their governments to denationalize certain persons.] At the international level, formal norms governing denationalization are vague and generally toothless, and there are no international legal norms that restrict denationalization to citizens who hold another citizenship or wish to take up citizenship elsewhere (Worster, 2009). So it is important to determine whether there are conditions under which denationalization can be morally justified and, if so, what those conditions are. We shall argue that while denationalization is ordinarily impermissible, there is a class of crime committed by citizens that may render it not only permissible, but a fitting response on the part of the state. (shrink)

The current metaphysical race debate is very much focused on the realism question whether races exist. In this paper I argue against the importance of this question. Philosophers, biologists and anthropologists expect that answering this question will tell them something substantive about the metaphysics of racial classifications, and will help them to decide whether it is justified to use racial categories in scientific research and public policy. I argue that there are two reasons why these expectations are not fulfilled. First (...) of all, the realism question about race leads to a very broad philosophical debate about the semantics of general terms and the criteria for real kinds, rather than to a debate about the metaphysics of racial categories specifically. Secondly, there is a type of race realism that is so toothless that it is almost completely uninformative about the metaphysics of race. In response to these worries, I argue that the metaphysical race debate should rather be focused on the question in what way and to what extent ‘racial’ distinctions can ground the epistemic practices of various scientific disciplines. I spell out what I mean by this and go on to demonstrate that trying to answer this question leads to a more fruitful metaphysical debate. (shrink)

At the center of Rawls’s work post-1980 is the question of how legitimate coercive state action is possible in a liberal democracy under conditions of reasonable disagreement. And at the heart of Rawls’s answer to this question is his liberal principle of legitimacy. In this paper I argue that once we attend carefully to the depth and range of reasonable disagreement, Rawls’s liberal principle of legitimacy turns out to be either wildly utopian or simply toothless, depending on how one reads (...) the ideal of reciprocity it is meant to embody. To remedy this defect in Rawls’s theory, I␣undertake to develop the outlines of a democratic conception of legitimacy, drawing first on Rawls’s generic conception of legitimacy in The Law of Peoples and second on a revised understanding of reciprocity between free and equal citizens. On this revised understanding, what free and equal citizens owe one another is not reciprocity in judgment, but reciprocity of interests. (shrink)

Foundational projects disagree on whether pure and applied mathematics should be explained together. Proponents of unified accounts like neologicists defend Frege’s Constraint (FC), a principle demanding that an explanation of applicability be provided by mathematical definitions. I reconsider the philosophical import of FC, arguing that usual conceptions are biased by ontological assumptions. I explore more reasonable weaker variants — Moderate and Modest FC — arguing against common opinion that ante rem structuralism (and other) views can meet them. I dispel doubts (...) that such constraints are ‘toothless’, showing they both assuage Frege’s original concerns and accommodate neo-logicist intents by dismissing ‘arrogant’ definitions. (shrink)

Twenty-first century critics frequently misread Quinean ontological commitment as a toothless doctrine of anti-metaphysical pragmatism. Janssen-Lauret's historical investigations reveal that they misinterpret the influence of Quine's naturalism. His naturalistic view of philosophy as continuous with science informs a much more interesting conception of ontological commitments as generated by indispensable explanatory roles. But Janssen-Lauret uncovers a previously undetected weakness in Quine's meta-ontology. Careful examination of his debate with another naturalistic nominalist, Ruth Barcan Marcus, reveals that his holism leaves him blind to (...) her acquaintance-based ontological commitment via proper names. Janssen-Lauret examines some crucial misunderstandings between Barcan Marcus and Quine, centring on their wildly different interpretations of proper names, quantification and identity, and argues that these are motivated by their diametrically opposed positions on epistemology. (shrink)

This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance toward political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed by (...) values and principles of political morality. Informed by the Israeli experience of political disobedience motivated by radically differing moral outlooks, the author sets out the principles which should guide our attitude to law and political authority even amidst clashing ideologies and irreconcilable moralities. This book will be of interest to students and scholars of law, philosophy and politics, and anyone concerned with the individual's responsibilties toward his or her political community. (shrink)

Many public debates become polarized, degenerating into a pattern of mutual suspicion and name-calling that preclude communication or compromise. The debate over animal research has typically followed this path. To understand how polarization might be avoided, we examine the factors that helped prevent it in one local controversy: Cambridge, Massachusetts in the late 1980s. These factors include the personal style of the leader of the main animal protection group, the financing for the group, the group's ability to win a symbolic (...) victory in the form of a relatively toothless city ordinance, and, especially, the relative avoidance by both sides of rigid ideological posturing in favor of "casuistic" argumentation about specific cases and policies. (shrink)

Michel Seymour fills an important gap in Rawlsian theory. In fact, his Rawls inspired normative theory of collective rights is unprecedented. Likewise, his ideal theory of a primary right to internal self-determination (ISD) is a welcome contribution to the issue of collective rights. That said, his non-ideal theory – a remedial right only to secession – seems rather toothless in cases of noncompliance. In particular, Seymour leaves us with no guidance in the case of transition countries and situations of tension (...) where we need to know whether the ISD of the minority (the stateless) people is enabling or disabling for the ISD of the majority (the state owning) people. The paper concludes that borrowing from Aristotle, as Rawls does, offers more in the way of guidance when it comes to these issues. (shrink)

Se realizó un estudio descriptivo para evaluar la influencia de la rehabilitación protésica en la calidad de vida de los pacientes desdentados totales tratados en las clínicas estomatológicas docentes "Ismael Clark Mascaró" y "La Vigía" en Camagüey, desde septiembre del 2009 a septiembre del 2013. El universo estuvo comprendido por 254 pacientes desdentados totales rehabilitados y una muestra de 43, a través de un muestreo probabilístico aleatorio. Se obtuvo un predominio del grupo de 50-69 años y el sexo femenino. Al (...) determinar los problemas mecánicos se apreció que los flancos sobreextendidos, seguido de las inserciones frénicas sin liberar y la presencia de puntos prematuros de contacto, fueron las principales dificultades encontradas en los pacientes portadores de prótesis totales. La rehabilitación influyó en la calidad de vida de estos pacientes. It was carried out a descriptive study with the objective to evaluate the influence of prosthetic rehabilitation in total toothless patients life quality treated in the teaching stomatological clinics ¨Ismael Clark Mascaró" and "La Vigía" in Camagüey, from September 2009 to September 2013, with a universe of study composed by 254 total toothless patients who were rehabilitated. The sample was of 43, through a random probabilistic sampling. There was a predominance of the female group aged from 50-69 years old, followed by the female group aged 70. While determining the mechanical problems it was appreciated that the flanks overextended, followed of phrenic insertions without being sustained and the presence of premature points of contact, and were the main difficulties found in the patient's carrier of total prostheses. Prosthetic rehabilitation influenced in the patients´ quality life. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ecological Suffering:From a Buddhist PerspectiveSulak Sivaraksa“There will be great suffering caused by our human-created climate change, but we may need to go through this process in order to see the ‘light.’”—Nigel Crawhall (IUCN, CEESP representative, South Africa)Ecological suffering is the result of centuries of abuse of our Earth and environment. It is the effects of numerous overlapping developments that are unsustainable for the most part. It results from violent (...) actions, whether in the shape of colonialism, industrial development, wars, economic growth, the arms race, or capitalist competition between states. More importantly, it is a flaw inherent in the global capitalist system—which is nevertheless seen as the best system to organize human life—and will bring down both capitalism and human survival if we act as if we don’t know about it. I explicitly name capitalism because without doing so any critique will be simply abstract, moralistic, and toothless—such as blaming greed in general or on particular greedy individuals, on human nature, on civilization, and so on. No. Ecological suffering is the result of systemic violence rooted in the global political economy. Although our world cherishes diversity and choice, it is increasingly intolerant of any form of living that resists free market fundamentalism. Ecological suffering is happening on a daily level even if we feel that nothing is happening. Ecological suffering sustains the normalcy of our everyday life as we drive to work, eat our lunch, talk on our mobile phones, connect to the Internet, and so on. It is woven into our daily existence. As such, we don’t want our daily life to be disturbed and often act as if we don’t know about ecological suffering. But it is also experienced unevenly: the poor majority more so than the rich minority, who for now could still buy their way out of the problem; developing societies more than developed ones; and so on.One thing is certain: Our ecosystem is crashing. What should be a circle of life, of interconnected life forms, has already started to work as individual parts going in different directions, leading to malfunctions and negative consequences in many parts [End Page 147] of the system. At the Inter-Religious Dialogue on Climate Change and Biodiversity Conservation in September 2012, a conclusion that was arrived at the conference was a simple but profound one: It is all connected; we are all connected. As I mentioned in my latest book, Wisdom of Sustainability,1 our world and nature works in the same way as the wheel of Dhamma. The wheel of Dhamma can be used to countenance the wheels of state and systemic violence. This is why tackling the environmental problem needs a religious or spiritual dimension.Below, I will reflect on the problems and challenges we face in coping with the impending ecological catastrophe. I link the postponement of the crisis and sustainability with the cultivation of spirituality in ourselves—that is, to search for what has been uprooted and what we need to reclaim or retrieve. Bringing in Buddhist ethics, I will tease out how an interfaith approach to problem solving can benefit our environment by pointing to some concrete suggestions.The starting points of this talk are drawn from The Wisdom of Sustainability and the conference overview of the Inter-Religious Dialogue on Climate Change and Biodiversity Conservation, and I will alternate between these two points, which also structure my talk. The dialogue was held in Sri Lanka in September 2012, at the Islander Center. It was organized by the International Network of Engaged Buddhists (INEB), the Sewalanka Foundation, International Union for the Conservation of Nature (IUCN) Sri Lanka National Office, and Commission on Environmental Economic and Social Policy (CEESP). At this conference faith leaders, environmental and climate scientists, conservationists, and social activists from all over the world gathered to collaboratively explore the scientific foundations of climate change and biodiversity loss; its social, political, and economic drivers; the impacts of climate change on human societies and the environment; and the underlying human behaviors that contribute to climate change.2The conference used three levels of engagement to frame the creation of a roadmap for action... (shrink)

Frank Jackson, Michael Smith, and Philip Pettit contend in their 2000 paper that an argument from supervenience deals a fatal blow to shapeless moral particularism, the view that the moral is shapeless with respect to the natural. A decade has passed since the Canberrans advanced their highly influential supervenience argument. Yet, there has not been any compelling counter-argument against it, as far as I can see. My aim in this paper is to fill in this void and defend SMP against (...) the Canberrans’ supervenience argument. Such being the case, I will firstly re-construct the Canberrans’ supervenience argument in detail and push it as far as it can go. In fact, I will defend it against a number of existing objections respectively from Garfield, Dancy, and McDowell. Next, I will argue, however, that the supervenience argument, despite its initial plausibility, has one major pitfall: it hinges on an overly permissive conception of ‘shape’ such that it does not generate the right kind of moral principles the shapeless moral particularists are concerned to refute. I thus conclude that the seemingly scathing supervenience argument turns out to be toothless against SMP. Although this would not prove SMP to be right, for it might attract criticisms from other fronts, yet, until they come up, SMP, contrary to prevalent conceptions, remains alive and kicking. (shrink)

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other things, (...) affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (shrink)

The aim of the paper is to reassess Hume's handling of scepticism in its Pyrrhonian form. I argue that, contrary to what Hume declares, his own philosophy comes close to what Sextus Empiricus sets out as the essential moments of the Pyrrhonian , at least in one crucial respect: I contend that Hume's conception of belief is in line with precisely the type of doxastic state which Sextus ascribes to the Pyrrhonian sceptic as appropriate for ‘following appearances’. Then I show (...) that if such an affinity is established, Hume's attack against Pyrrhonism, launched in Enquiry XII, Part 2, is rendered toothless. (shrink)

In this journal, Peter Lipton and I discussed Musgrave's objection that the constructive empiricist cannot consistently maintain his own distinction between the observable and the unobservable, and van Fraassen's initial reply. We considered several possible interpretations of van Fraassen, and expressed misgivings about each. Muller and van Fraassen have consequently clarified the official constructive empiricist response to Musgrave, although some issues still remain.According to Muller and van Fraassen, Musgrave's objection assumes that constructive empiricism is to be understood in line with (...) a syntactic account of our scientific theories – whereby a theory consists of a set of sentences formulated in some suitable language – whereas constructive empiricism has always been wedded to an explicitly semantic account of our scientific theories, which understands a scientific theory in terms of a class of models. Once this oversight is amended, the objection is seen to be toothless. As Muller and van Fraassen write: " Indeed, the only proper response, and the one that turns the table on Musgrave and his followers, is to argue that his incoherence argument does not work in the context of the semantic view as here elaborated, while the bad consequence he draws is an inevitable corollary to the older view within which he presents it. "The force of Musgrave's objection therefore turns on nothing more than implicitly saddling the constructive empiricist with an independently problematic account of what a scientific theory is.This move should cause some surprise however, for Musgrave's objection – albeit usually presented in conjunction with an explicitly syntactic construal of our scientific theories – is in fact quite neutral between these competing accounts. As Musgrave originally put it, in order for the constructive empiricist to draw his distinction between observable and unobservable …. (shrink)

The Demon said to the swordsman, "Fundamentally, man's mind is not without good. It is simply that from the moment he has life, he is always being brought up with perversity. Thus, having no idea that he has gotten used to being soaked in it, he harms his self-nature and falls into evil. Human desire is the root of this perversity." Woven deeply into the martial traditions and folklore of Japan, the fearsome Tengu dwell in the country's mountain forest. Mythical (...) half-man, half-bird creatures with long noses, Tengu have always inspired dread and awe, inhabiting a liminal world between the human and the demonic, and guarding the most hidden secrets of swordsmanship. In The Demon's Sermon on the Martial Arts, a translation of the 18th-century samurai classic by Issai Chozanshi, an anonymous swordsman journeys to the heart of Mt. Kurama, the traditional domain of these formidable beings. There he encounters a host of demon; through a series of discussions and often playful discourse, they reveal to him the very deepest principles of the martial arts, and show how the secrets of sword fighting impart the truths of life itself. The Demon's Sermon opens with The discourses, a collection of whimsical fables concerned with the theme of transformation-for Chozanshi a core phenomenon to the martial artist. Though ostensibly light and fanciful, these stories offer the attentive reader ideas that subvert perceived notions of conflict and the individual's relationship to the outside world. In the main body of work, The Sermon, Chozanshi demonstrates how transformation is fostered and nurtured through ch'i - the vital and fundamental energy that flows through all things, animate and inanimate, and the very bedrock of Chozanshi's themes and the martial arts themselves. This he does using the voice of the Tengu, and the reader is invited to eavesdrop with the swordsman on the demon's revelations of the deepest truths concerning ch'i, the principles of yin and yang, and how these forces shape our existence. In The Dispatch, the themes are brought to an elegant conclusion using the parable of an old and toothless cat who, like the demon, has mastered the art of acting by relying on nothing, and in so doing can defeat even the wiliest and most vicious of rats despite his advanced years. This is the first direct translation from the original text into English by William Scott Wilson, the renowned translator of Hagakure and The Book of Five Rings. It captures the tone and essence of this classic while still making it accessible and meaningful to today's reader. Chozanshi's deep understanding of Taoism, Buddhism, Confucianism, and Shinto, as well as his insight into the central role of ch'i in the universe, are all given thoughtful treatment in Wilson's introduction and extensive endnotes. A provocative book for the general reader, The Demon's Sermon will also prove an invaluable addition to the libraries of all those interested in the fundamental principles of the martial arts, and how those principles relate to our existence. (shrink)

The view that contradictions cannot be true has been part of accepted philosophical theory since at least the time of Aristotle. In this regard, it is almost unique in the history of philosophy. Only in the last forty years has the view been systematically challenged with the advent of dialetheism. Since Graham Priest introduced dialetheism as a solution to certain self-referential paradoxes, the possibility of true contradictions has been a live issue in the philosophy of logic. Yet, despite the arguments (...) advanced by dialetheists, many logicians and philosophers still hold the opinion that contradictions cannot be true. -/- Rather than advocating the truth of certain contradictions, this thesis offers a different challenge to the classical logician. By showing that it can be philosophically coherent to propose that true contradictions are metaphysically possible, the thesis suggests that the classical logician must do more than she currently has to justify her confidence in the impossibility of true contradictions. Simply fighting off the dialetheist’s putative examples of true contradictions at the actual world isn’t enough to justify the classical logician’s conclusion that true contradictions are impossible. -/- To aid the thesis dialectically, we introduce a new position, absolutism, which hypothesises that it’s metaphysically possible for at least one contradiction to be true, contrasting with the dialetheic hypothesis that some contradictions are true in the actual world. We demonstrate that absolutism can be given a philosophically coherent interpretation, an appropriate logic, and that certain criticisms are completely toothless against absolutism. The challenge put to the classical logician is then: On what logical or philosophical grounds can we rule out the metaphysical possibility of true contradictions? (shrink)

Only one philosopher has succeeded in building his reputation on silence—Cratylus. It is said that under no circumstance would he say anything, but would merely crook his finger. Nor is it known whether he achieved this unique glory by a persistence that lasted from toothless youth to toothless old age, or whether he merely petered out into withering speechlessness before the follies of man and the grandeur of God. More likely it was something like the latter, for otherwise we would (...) be confronted by the delicate riddle: why was he called a philosopher?Nevertheless, a tenable explanation is that Cratylus' reputation was arrived at by an experiment. Arranging philosophers on a scale of self.control in speech, one might derive the plausible law: the less one says the more he is of a philosopher. Ergo, say nothing and be declared the worthiest of philosophers. The difficulties in such an extrapolation, however, are very great. It is hard to see what harm just one word can do, and even two or three, or several, if they but fall short of being a sentence. Why absolute silence? Then, again, what harm is there in repeating even a multitude of words, the entire dictionary if you please, plus whatever sounds you can think of, provided you say nothing? And since we have progressed so far with the argument, what harm can there be even in connected speech, grammatical, fluent and mellifluous, provided you still say nothing? Cratylus, apparently, was playing a safe bet with a vengeance. He must have feared being understood by accident! (shrink)

The philosophy devoted to the sacred knowledge of Athena has suffered an undeniable castration in modernity, because, following Sloterdijk, it has been related to the cynic, subjugation to appearance. For this reason, German literature differentiates between Kynismus and Zynismus. The kynysmós with "k" refers to the wise dogs of the agora and the Zynismus to the toothless Papillon. Under the keys of modernity, philosophy is camouflaged in moderation, good saying and salon etiquette, thereby abandoning the stridency, sarcasm and challenge that (...) the school of Diogenes practiced; but what was that insolence? What was his speech? What were his gestures? These are some of the questions addressed in this article; therefore, the reflection on the figure of the cynic, by the hand of the author of Critique of Cynical Reason, has been central to elucidate some of these questions and, why not, obscure them, after all, the interstices of the words are deeper. For methodological reasons, the text is divided into three sections: first, Resonances of a supplanted concept, in which the link between insolence and the cynical is investigated; second, Philosophical gestures, where the grimaces of an impertinent thought are drawn and third, Conclusions. (shrink)

Plato’s overarching and seemingly unabashedly explicit purpose of his entire Socrates-featured — not to say -dominated — dialogue-form corpus is to put forth Socrates’ side of any argument in a singularly positive light. While, granted, this asymmetry is at times disrupted by the rather strong appearances of such then-leading erudite and social lights as Parmenides, Thrasymachus, and Glaucon, Plato inclines toward portraying Socrates’ interlocutors as virtually reflexively assenting to what the latter maintains, or proposing toothless, undeveloped, in a word, pro (...) forma differing opinions. Conversely, Socrates is (literally) unfailingly rendered as more composed and amiable than, and as intellectually superior to, everyone else; it is he who normally determines the direction of, leads, and wins nearly every debate; and he either adroitly converts his counterparts to his side or even reduces them to silence. Not surprisingly, therefore, after perusing any of Plato’s dialogues wherein the participants arrive at no clear understanding of the subject under discussion, the reader is left with the distinct sense that this is, fundamentally, Socrates’ personal, but nevertheless sublime, failure. As Plato quotes Socrates intimating about as much in the concluding paragraphs of the Charmides: “I have been utterly defeated, and have failed to discover what that is to which the lawgiver gave this name of temperance or wisdom” (175b) (italics mine). (shrink)

In 1979, following a military coup, President Zia-ul-Haq sought to foment his power by ‘Islamizing’ Pakistan. Among other policies, he enacted the Hudood Ordinances to codify classical Islamic fiqh on criminal law, including the controversial Zina Ordinance (“Ordinance”) which criminalizes sex outside of marriage. Shortly after its passing, the Ordinance led to the unjust incarceration of thousands of low-income women across the country. Decrying the law as violence against women, human rights supporters around the world demanded reform. Finally, in 2006, (...) Pakistan passed the Protection of Women Act (PWA) that amended the Ordinance, rendering the law procedurally toothless. Still, reforms left the substance of the Ordinance intact, giving men license to take the law into their own hands with effective impunity, leading to a rise in honor killings. Given the need for repeal of the Ordinance, this paper looks to lessons learned from the successes and failures of the 2006 reform to propose a strategy for the future. The 2006 reform adopted an apologetic ‘pragmatic reformist’ approach, building a coalition of conservative Islamists and secularists behind an incremental policy shift. This paper proposes that for a more substantive change that is still effective, the women’s rights movement should shift away from the purely secular or purely Islamic approach to espouse secularism and human rights but using an Islamic rationale, shifting societal attitudes from within the tradition. Doing this, I echo arguments made by reformist-activists Abdullahi An’Naim and Ziba Mir-Hosseini among others as well as adopt the approach of the Supreme Court of Pakistan, the High Courts, and the Federal Shariat Court (FSC) themselves in their attempts to reconcile Pakistan’s constitutional commitments to both human rights and Islamic law. Such a strategy, I posit, is slow but both effective and long-lasting. (shrink)

According to philosophical naturalism, the main anti-naturalism in philosophy derives from Kant and depends on transcendental arguments, which are invalid or polemically toothless. Many of naturalism's characteristic features follow from this repudiation of Kantian method. Anti-naturalists should be aware that the rationale for naturalism depends on this attack on their own position. There remains for philosophy a distinctively philosophical role that depends on the indexical element in our thought, the role of elaborating a scientific worldview.