This chapter contains sections titled: The Scope of Precedential Constraint The Strength of Precedential Constraint References.

In this article, the meaning of concept of sharʿī science gained in the conception of education, which was established in Islamic civilization, was studied. The main problem of the research is to evaluate the idea of education in Islamic Civilization, which is closely related to the concept of sharʿī science, with a false perception that it consists entirely of religious education. The beginning of Islamic Civilization is traced back to descent of the Qur'an. The conception of education that started (...) to emerge after this period is based on the understanding of the Qur'an and hadiths at first. In later times, a wide variety of fields, such as language, literature, logic, wisdom, riyāzat, nature, and astronomy, have been included in the concept of education to encompass the whole existence of the entity. In the following centuries, these fields, which were included in the course curriculum of the madrasahs, were examined in detail in the works of classification of sciences. Therefore, the false perception needs to be reconsidered. For this reason, the article focuses on how the concept of sharʿī science is defined. Historical data analysis method was used to solve the problem. The claim of the article is that the concept of shar′i science has wide perspective to cover the world of meaning, mind and essence of man. As a result, this article, it was determined that the concept of sharʿī science has a meaning to cover the majority of information fields that are subject to instruction in our educational conception.Summary: The formation of the conception of education in Islamic civilization has emerged in the long term through a scientific process. During this time, a rich curriculum on the concept of education was shaped. The sciences that form the curriculum have been diversified in later periods compared to the early periods of Islam. With the advent of the different sciences, which provided this diversification and which were not at first, all the existing sciences were classified according to different perspectives by the ulama (muslim scholars). In the classifications, which have important contributions to the conception of education, the sciences were tried to be introduced and their position in the education life was tried to be explained. The sciences classified have not been dealt with against each other but rather to complement each other in different ways. The distinction of sciences in classification; different approaches such as linguistically, religious, secular, mental, transportation, philosophical and sharʿī have been developed.The concept of sharʿī science, which can be expressed as a general definition of the sciences, is given in almost all of the works related to the classification of sciences, even under the name or different titles. When we look at the classification, it is seen that sharʿī sciences are handled in four different approaches. As the first approach, the sharʿī sciences are among the main elements of main division in the classification. Here, the sharʿī sciences, in general, with the linguistic sciences and mental sciences were included in the top title. In the second approach, there are works in their classification that do not include the sharʿī sciences and the distinction between it. In addition, these works collect the sciences within this scope under other scientific compositions or other names. In the third approach, among the works that give information about the general of the sciences, there are those who mentioned all together without classifying these sciences and others. In the last approach, the sharʿī sciences are seen as the upper description of the knowledge fields that are included in the teaching, which covers the majority of the other sciences except for the linguistic sciences.The approaches presented in the classification of sciences indicate the diversity of the issue. In order to have better understanding of the issue, it is useful to look closely at the meaning of the concept of sharʿī sciences. At this point, three definitions of 2nd, 4th and 12th centuries are given respectively. Firstly, for Jābir b. Hayyān sharʿī science is the most useful politics in terms of religion and the world, because it contains the benefits of the world's interests after death.Secondly, al-Ghazali (d. 505/1111) describes the sharʿī science as the knowledge learned from Şārī ʿ and prophets, but not by the experience and hearing. According to this, the sharʿī science is defined as the knowledge of the sunnah that only gives information about revelation. The information fields outside this definition are also considered as the sciences, which are instrumental in reaching to sharʿī science.The perspective of the third definition of sharʿī science is given by Saçaklızāde (d. 1145/1732). He lists the three definitions made before the time of his life from the specific (hās) to the general (ām). Saçaklızāde gave the aforementioned definition of al-Ghazali in the first sense of the concept of sharʿī science. He points out that the meaning given here is allocated. The second definition belongs to Molla Husraw (d. 885/1480). According to him, the sharʿī science is the sciences that can be reached through the sciences of the Şārīʿ. In other words, it is the sciences that are not used except for obtaining the sciences obtained from Şārīʿ itself. This meaning is a bit more extensive since there are no records as described in al-Ghazali. This definition is also included in the sciences benefited from it. Although it is not the first, there is usūl-i fiqh (Islamic legal theory) within this meaning.In the third definition, sharʿī science is the sciences that form the basis for things arising from Şārīʿ or originating from Şārīʿ. This definition belongs to Ibn Hajar el-Haytamī. He did not consider the partial allocation of the second meaning as given above, and included all the instrument sciences in the definition of sharʿī science. Based on the definitions he gave, three sharʿī science approaches made before the time he lived were listed from specific to general. Thus, in a sense, he depicts the general shape of the sharʿī science perspective. With the approach to generalization, we can say that a sharʿī science perspective that encompasses the majority of the fields involved in education is developing. In the third meaning of sharʿī science, it is seen that the majority of the fields of knowledge in education and training are gathered under one roof. The most important factor gathering the sciences together is the effort to understand the purpose of Şārīʿ, who owns the whole area of existence. The fields of knowledge and sciences needed to achieve this aim can be included in the definition of sharʿī science. The effort to understand the purpose of Şārīʿ is also at the center of the idea of Islamic education. Since there are various dimensions of being, each step taken to understand and learn them is directed in a way to Şārīʿ itself. Whether it is language and literary sciences or other sciences, such as mathematics, physics and philosophies, the aim is to recognize and understand Şārīʿ for the collection of things that fall within the scope of all educational activities. With sharʿī science approach, teaching the whole of the area of existence owned by Allah is possible within the concept of education. In the works written for the education curriculum, it is seen that the perspective covering the majority of the sciences in the definition of third sharʿī science is preserved. First of all, the meaning integrity of the sharʿī science concept has been determined. In the definitions of three different periods given here, it is seen that the approach to the sciences, which are the subject of instruction in education is not exclusive but inclusive. Especially because of the width in the third sense, the majority of the instrument sciences and mental science fields in the curriculum are included in the definition of sharʿī science. (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers (...) the costs of extending the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)

According to the prioritized reason model of precedent, precedential constraint is explained in terms of the need for decision-makers to reconcile their decisions with a settled priority order extracted from past cases. The prioritized reason model of precedent departs from the view that common law rules comprise protected reasons for action. In this article I show that a model utilizing protected reasons and the prioritized reason model of precedential constraint are, in an important sense, equivalent. I (...) then offer some reflections on the philosophical significance of this result. I argue that the protected reason model is consistent with the phenomenology of precedential constraint. I suggest an account of precedential reasoning that reconciles the prioritized reason and protected reason models. (shrink)

It is astonishing that we humans are able to have, act on and express moral beliefs. This dissertation aims to provide a better philosophical understanding of why and how this is possible especially when we assume metaethical expressivism. Metaethical expressivism is the combination of expressivism and noncognitivism. Expressivism is the view that the meaning of a sentence is explained by the mental state it is conventionally used to express. Noncognitivism is the view that the mental state expressed by a moral (...) sentence is a noncognitive, desire-like state. The central question of this dissertation is this: "How can metaethical expressivists explain that we are able to express moral beliefs?" The shortest answer this dissertation will give is the following: "by becoming `dispositional expressivists´." Dispositional expressivists hold that moral beliefs are dispositions to be in certain mental states that resemble desires. More precisely, a central thesis of this study is that to hold a moral belief is to be disposed to be in a desire-like, noncognitive state where this state has some specific structure. This dissertation arrives at and justifies this thesis by making a number of steps. It starts with preparing the ground by developing a general theory of what it is for a sentence to express a mental state. Roughly, this theory states that for a sentence to express a mental state is for that sentence to be conventionally used to perform a speech act which counts as sincere only if the user or speaker is in that mental state. This theory of expressing satisfies all the constraints that must be satisfied for it to be compatible with the purposes of metaethical expressivism. The next step is to provide a solution to the most notorious semantic problem confronting metaethical expressivism, the problem of explaining how sentences containing moral words can have compositional meaning and stand in logical relations also known as the Frege-Geach or embedding problem. Building on the research of Mark Schroeder, a new expressivist semantics, called `Attitude Semantics´, will be developed for a first-order language. The motivating idea underlying attitude semantics is that expressivists can avoid the problematic feature of so-called `biforcation´ if they treat the structures of the mental states expressed by moral sentences as well as that expressed by non-moral sentences as being isomorphic. In order to give those structures a philosophically interesting interpretation, it will be suggested that we treat sentences as expressing dispositional states. As a toy example we will treat the sentence `murder is wrong´ as expressing the disposition to be for blaming for murder. After dealing with the Frege-Geach problem, I turn to the metaethical expressivists' project of quasi-realism. Two major goals of this project are to explain how moral sentence can be truth-apt and how the states expressed by them can be regarded as moral beliefs. In order to establish those goals I critically examine a number of theories of truth-aptness by providing counterexamples to them. I then present my own theory which says that a sentence is truth-apt iff and because there is a conventional way to use it to express a belief. What is new about this theory is that it treats expressing a belief as being explanatorily more basic than being truth-apt. Belief, according to this theory, explains truth-aptness, not vice versa. This has the important consequence that it shows that what I call the `orthodox strategy´ of quasi-realists is mistaken and needs to be inverted: expressivists must `earn the right´ to moral belief before they can establish that moral sentences are truth-apt, and not the other way round. The second part of this dissertation is then concerned with the question of what it is to hold a moral belief and how they can figure in rational reasoning. In short: it is concerned with earning the right to moral belief. After discussing the major problems confronting a noncognitivist theory of belief, most importantly what I call the `tightrope problem´, I argue for a dispositional form of noncognitivism about moral belief that combines elements from Eric Schwitzgebel's dispositionalism about belief and Sebastian Köhler's `conceptual role expressivism´. This dispositional noncognitivism perfectly matches and justifies the dispositionalist interpretation of the expressivist semantics developed before. In order to fully earn the right to moral belief, however, metaethical expressivists must also deal with several epistemological objections concerning the rationality of moral belief. The first objection I deal with comes from Derek Baker and is directed against Mark Schroeder's specific development of expressivism. I deal with this objection because my own theory bears close resemblance to Schroeder's theory and so it might be worried that it confronts the same issues. Fortunately, we will see that Baker's objection rest on a number of mistaken assumptions and so neither applies to Schroeder's expressivism nor to the version which I defend in this study. The other epistemological objection to metaethical expressivism I deal with is Cian Dorr's famous wishful-thinking objection. In contrast to previous replies to this objection I attack it by directly questioning the central assumption on which it rests, namely that reasoners can never be justified in basing a factual belief on a desire-like state. I argue that this is false, and that under certain conditions reasoning from desire-like mental states to factual beliefs is justified. My argument shows that even if holding a moral belief is being in a desire-like noncognitive state, basing factual belief on a moral belief can give one an epistemic reason for the factual belief. Hence, even if moral thoughts are wishes, moral thinking is not wishful thinking. I take my arguments to earn the dispositional expressivist the right to moral belief. By the previously defended theory of truth-aptness in terms of belief, this allows the dispositional expressivists to conclude that moral sentences are also truth-apt. This finishes the quasi-realist project of this dissertation. In the last part of this dissertation I switch gears and present two unnoted problems for metaethical expressivists having to do with explaining moral motivation. Both arguments are surprisingly simple. The first one is this: if motivation requires a belief as well as a desire (Humeanism), and moral judgments motivate by themselves (internalism), then moral judgments cannot be desires only. If this argument is sound, it shows that the famous `motivation argument´ not only entails the falsity of cognitivism, but also the falsity of noncognitivism. The second argument is the following: moral judgments when combined with suitable external desires motivate to act (externalism), but if motivation requires belief as well as desire (Humeanism), then moral judgments cannot be desires only. I discuss several ways in which noncognitivists might want to deal with those problems, but leave it as an open question whether those solutions will ultimately be viable. Overall, this dissertation makes serious contributions to the research program of metaethical expressivism. It makes proposals for how to solve a number of notorious problems, such as the Frege-Geach problem in semantics and the wishful-thinking problem in epistemology. Besides this, however, it also raises two new problems for metaethical expressivism in the philosophy of action. For those reasons this dissertation will be of interest for anyone who wants to defend or criticize expressivism in metaethics, and more generally, anyone who wants to better understand our astonishing ability to express moral beliefs. (shrink)

ABSTRACTAccording to the prioritized reason model of precedent, precedential constraint is explained in terms of the need for decision-makers to reconcile their decisions with a settled priority order extracted from past cases. The prioritized reason model of precedent departs from the view that common law rules comprise protected reasons for action. In this article I show that a model utilizing protected reasons and the prioritized reason model of precedential constraint are, in an important sense, equivalent. I (...) then offer some reflections on the philosophical significance of this result. I argue that the protected reason model is consistent with the phenomenology of precedential constraint. I suggest an account of precedential reasoning that reconciles the prioritized reason and protected reason models. (shrink)

Despite the hadiths and narratives that warn about the interpretation of the Qur’ān by opinion, the question of how Qur’ānic verses can be understood is about the nature of Qur’ānic exegesis. These narratives, which limit the interpretation to the exact field and indicate the invalidity of the specification of the intention with the imprecise information, bring with it the question of how to understand the Qur’ān in each period and society. The issue that has been questioned in the frame of (...) the commentary from the earliest periods is based on the possibility of commenting besides the narration and defining the area that the thought belongs to the commentator. In this context, it is seen that the distinction between the conceptualization of tafsīr-taʾwīl words in classical commentary literature deals with the subject of the tafsīr, their belongings, epistemological values and contexts. Mainly, this study will question whether authors who do not distinguish between tafsīr-taʾwīl categorize the information about commentary in a different context, then it will analyze two basic approaches on tafsīr and taʾwīl. In the paper, it will be suggested that these classifications in the classical literature should be evaluated together within the framework of the search for methodology in exegesis. Summary: The Prophet, who was the first glossator of the Qur’ān, forbade people to talk about the Qur’ān with their own judgments. The prominent people of the companions refused to comment on some words that were closed in meaning (garīb). The words quoted from Abū Bakr and ʿUmar on this subject are quite famous. However, the Qur’ān is a universal book revealed to be understood in all ages and geographies till the doomsday. The fact that all the verses were not interpreted by the Prophet, and the expansions of meaning observed in the Qur’ān wording necessitate the interpretation of the Qur’ān. The fact that the Prophet forbade people to talk with their own judgments about the Qur’ān and the necessity of understanding the Qur’ān in every era constitutes a dilemma that must be explained. The resolution of this issue will both determine the legitimacy of tafsīr (interpretation) and reveal the difference between the Prophet's tafsīr and the tafsīrs by other people. In this context, a distinction was made between the interpretations of the Prophet and of the companions who witnessed the revelation period from the Tabarī (d. 310/923) in the classical tafsīr literature and the interpretations by glossators in terms of their bindingness and information values. Thus, before even starting the interpretation, glossators questioned the possibility of interpretation of the Qur’ān without the tafsīr of the Prophet and the narratives from the companions that have the force of hadith marfūʿ.It is seen in classical tafsīr literature that distinctions between the tafsīr of the Prophet and the interpretations of the glossator are usually constructed on the terms of tafsīr and ta'wil, to which terminological meanings are attributed. In this regard, the methodology of Māturīdī (d. 333/944) is quite specific and clear. According to Māturīdī, tafsīr is an exact field. Only the tafsīr of the Prophet and the narratives of the companions that have the force of marfūʿ can be included in this field. Taʾwīl, on the other hand, is an area based on supposing. Preferences to be made from possible meanings are supposition and related to taʾwīl. The fact that Māturīdī included the explanations of the Prophet and his companions in the tafsīr field and stated that they expressed exact information shows that he regarded this information in the value of the statement of mutakallim. The data included in the field of taʾwīl are not as the data included in the field of tafsīr in terms of their bindingness and information value. The interpretations made in the field of taʾwīl include supposition; so they cannot be attributed to the desire of God. The field that the Prophet forbade people from declaring their own views is the field of tafsīr in the methodology of Māturīdī. The exactness of this field is an indication that the tafsīr is related to God's desire. It is not right to declare an opinion with supposition in the field that is exact and definite. Even though the interpretation in the field of tafsīr is in accordance with the truth, this cannot eliminate the responsibility of the interpreter that make determinations based on supposition in the exact and definite field. Some scholars, such as Qushayrī (d. 465/1072), also classify the narrative-sagacity areas by means of tafsīr-taʾwīl concepts. This classification deals with the data that is the subject of tafsīr in terms of their belongingness. Indeed, tafsīr science includes both the data that are linked with transmission and non-transmittable elements that can be achieved by following a methodology. Non-transmittable elements included in the taʾwīl field by those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity are the meanings reached through linguistic efforts. Language is an element that holds possibilities in itself. Considering closeness of meaning, multi-meanings, metaphors and allusions in the wording, it can be thought that the meanings reached by linguistic methods include supposition. In the methodology of Māturīdī, the field of tafsīr is composed of the explanations of the Prophet and the narratives of the companions who witnessed the revelations while in the classifications of those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity, tafsīr generally includes narratives. When the issue is handled within the framework of the desire of God and the statements of the mutakallim, it seems that the classification of Māturīdī is more punctual. However, it is understood that this approach does not give a satisfactory answer to the subsequent situations and bindingness of the mentioned data. In the classifications based on narrative-sagacity, the narratives in the field of tafsīr are taken as a whole without analyzing their health grades and their signification. However, some of these narrations are not authentic; so, in this respect it is a problematic issue that they are the subjects of the field of tafsīr. Besides, sometimes there can be different narrations about the tafsīr of verses from the companions. The evaluation these narratives in a field attributed to the desire of God may also pose a problem. The linguistic data that both Māturīdī and those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity include in the field of taʾwīl does not appear to have a homogeneous structure -as is the case with the narratives-. Indeed, among this data, there are elements whose meanings are quite hard to determine as well as firm ones that possibly have only one meaning. It is controversial that these expressions, which have only one meaning and to the validity of whose meaning other evidence point out are included in the field of taʾwīl.The distinction between meaning and interpretation fields in tafsīr is very important in terms of tafsīr methodology. This field designation is in a way a description of nature of the science of tafsīr. Thus, in matters where the human intelligence remains insufficient with the tafsīr narratives from the Prophet, the bindingness of the narratives from the companions are clarified; furthermore, beyond the narrative, the validity and the information values of interpretations of the glossator are determined. In this regard, the tafsīr-taʾwīl distinctions made in the classical tafsīr literature provide us with a rich content and a multifaceted point of view. However, when addressed separately, these distinctions present a number of problems in terms of scope and applicability. Our study proposes the evaluation of tafsīr-taʾwīl distinctions in classical literature together while the meaning-interpretation fields are specified in the framework of the search for methodology in tafsīr. Thus, the incomplete aspects of the classification will be eliminated and a much more comprehensive and functional classification will be achieved. At this point, the methodologies of some figures as Tabarī, who is known to have used the terms of tafsīr and taʾwīl in the same meaning, must also be evaluated separately. Indeed, when the works of these names are analyzed, it is seen that these names also distinguish the meaning-interpretation fields in tafsīr, but they do not do this through the tafsīr-taʾwīl concepts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE PROBLEMS OF VIOLENCE AND CONFLICT IN ISLAM Qamar-ul Huda Boston College This paperis aworkin progress and itanalyzes theIslamic reasoning for the use of violence and conflict while also examining the reconciliation of violence in accordance to the Qur'ân and sayings of the Prophet Muhammad (Hadîth). Generally the ethics of violence and the interpretation of its use in the Islamic tradition was historically connected to legalists and theologians who (...) collaborated in devising policies for the imperial state. Their reading of the sources to support violence can be explained in areas of survival, self-defense, and resistance to oppression. Here, violence is explained in terms ofthe needs ofthe state, meaning that what is good for the government is good for the religion of Islam. More modern scholars of Islam are revisiting the problem of violence and the weaknesses ofclassical interpretations, and also examining, in light of the Qur'ân and Hadîths, contemporary issues like rights of the unborn, abortion, individual versus communal self-defense, domestic violence, and unprovoked aggression. The scope ofthis paperis, first, to discuss the ideas ofharmony and divine unity in Islamic theology and also the reasons Ithink they are crucial to any understanding of violence. Second, I proceed to analyze some of the ideas relating to violence "for" and "against" God in the Islamic tradition and how those ideas fit into the larger Islamic theology. Third, I am interested in presenting the specific verses from the Qur'ân, as well as Hadîths or sayings of the Prophet that deal with war, conflict and violence, and demonstrate that their contextuality is crucial. Fourth and last, but not least, I will suggest some new hermeneutics for Qamar-ul Huda81 using all of the above for developing, enriching, and incorporating it into an Islamic liberation theology that is desperately needed in the modern Islamic world. I. Islamic Theology, Muslims, and Divine Unity The beginning of all Islamic thought begins with God, or more specifically, with the testimony of faith or shahadâh,1 the statement that "There is no Godbut God, and the ProphetMuhammad is theMessenger.2" This attestation for Muslims is understood to be a unique certainty upon which all other truths depend and exist. With this as the starting point for Islamic beliefand practices, and indeed for all Islamic theology, the logical question for us here at COV&R is, then, to ask: "What is the Islamic perspective on peace and violence as it is related to God and to the testimony of faith?" Also, along the same line of thinking, one needs to pursue the question: "How does the Islamic faith respond to the problems ofviolence, i.e., destructive behaviorto oneselforto others by persons who thus believe that they are thereby serving and surrendering to God?" The word islam3 stems from the root salâm, "peace." The literal sense ofthe word is to be liberated from something or to gain peace in respect to it. Those who participate in this act of surrendering to the Divine are called Muslims, and through submitting one's will to God's Will, one gains safety from error, deviation, and corruption. One is integrally tied into the Divine Unity and is in harmony with the Divine. With this in the background, alThe shahadâh was established during the early period of the Prophet's missionary work. The belief that "There is no God but God, and the Prophet Muhammad is the final Messenger" was hostile to the religious practices of the Arab Bedouin culture. What distinguished the new Muslim converts was that they publicly affirmed the shahadâh and rejected contemporary cultural and religious norms of idolatry. After each reference of the beloved Prophet Muhammad, it is the custom in islam to recite or write "peace be upon him" (or pbuh). The actual Arabic benediction is sa'ala allahu alayhi wa salâm sometimes written in English as SAWS. For the sake ofnon-repetitiveness and to make it easier for the reader's eyes, this paper will not include that benediction after each reference. I use the word islam with the lower case "i" to indicate the personal piety of surrendering to the divine and the journey of making one... (shrink)

On the analogy of the colloquial register in some modern languages, where narrative and argument may be punctuated by oaths and exclamations in order to maintain a high affective level and compel the hearer's attention, it is reasonable to postulate that Attic conversation also was punctuated by oaths, that this ingredient in comic language was drawn from life, and that the comparative frequency of ║ M M Δ in comedy is sufficiently explained thereby. There are obvious affinities between some passages (...) of comedy, relaxed conversation in Plato and Xenophon, and the forceful, man-to-man tone which Demosthenes sometimes adopts to such good effect . Compare, for instance, Ar. V. 133 f. στιν δ' νομα ⋮ τ μν γέροντι ⋮ Φιλοκλέων / να μ Δία, τ δ' υε κτλ., where the oath is a response to imagined incredulity, and X. Smp. 4.27 ατν δ σέ, η, γ εδον να μ τν πόλλω, τε κτλ. . It is also important that the commonest oaths fit, in most of their forms, the end of an iambic trimeter: μ τν Δία, ν Δία,ν τούς θεούς, μ τος θεούς. Add that in Aristophanic dialogue over half the iambic trimeters end with major pause, and half the remainder with minor pause, and we can see why Δ / established itself early as a distinctive comic pattern. Out of 105 examples of M M Δ cited from comedy in Section II above, 59 have the oath at verse-end. In the case of πάνυ, which was almost exclusively Attic and — to judge from its great rarity in tragedy — felt by Athenian poets to be prosaic, we lack evidence on its functions in the colloquial register; it may or may not have served as affective punctuation. In prose, we have to reckon with the fact that π Mπ and Mπ π constituted a genuine stylistic choice as far back as the evidence will take us, since the two earliest instances in prose are [X.] Ath. 2.3 πάνυ δι χρείαν and ibid. 3.5 πολλ τι πάνυ. The oath, as treated by the comic poets on the basis of colloquial usage, is bound to have served as a model for πάνυ, exerting an influence which pulled πάνυ to the end of the verse, but there was also a powerful metrical constraint. As a dibrach ending in a vowel which could not be elided or enter into crasis, πάνυ was especially appropriate for verse-end. That in itself was enough both to establish Mπ π as the dominant pattern in comedy and to promote Mπ … π. Out of the total of 104 examples of Mπ π in comedy, 93 have πάνυ at verse-end, which makes Mπ π / one of the hallmarks of comic style. Mπ … π does not occur in prose in association with any other feature identified as colloquial, but it should be noted that Aiskhines and Demosthenes are much fonder of Mπ π than other prose authors. In some cases one can see that the order Mπ π avoids a succession of short syllables or hiatus or both , but there are other cases in which it has the opposite effect . The possibility of comic influence on oratorical language cannot be dismissed out of hand. It is also possible that someone will find positive determinants which will explain all the cases of Mπ π in prose. σόδρα, which, like πάνυ, is peculiarly Attic, is metrically more tractable than πάνυ, since it can be elided; even so, out of the 80 comic examples of Mσ σ no less than 58 have σόδρα at verse-end, and of those 58 there are 22 at major pause, 8 at presumed major pause and 9 at minor pause. The comic treatment of σόδρα is thus comparable with the treatment of πάνυ, and Timokles 222.4 τηρεν…σόδρα is in fact the closest analogy we have to Ar. Pl. 234 f. χθομαι…πάνυ. δέ and γάρ are a different matter, and in some significant respects different from each other. Postponement of δέ is especially prominent in Aeschylus and then abundant in fourth-century comedy. It is much less common in Euripides , rare in Sophocles and Aristophanes , and virtually limited in prose to the categories which I labelled –. There is as yet no evidence to associate postponement of δέ with colloquial language; on the contrary, it seems to have begun as a feature of poetic language and to have been taken up and exploited by fourth-century comedy. If, in addition to being Aeschylean, it was colloquial in the fourth century, what happened to it afterwards? Except for such an isolated and inexplicable case as Diod. xx85.1 — in a military narrative — it is not a feature of the Koine at literary, documentary or subliterate level. Postponement of γάρ was no doubt encouraged by postponement of δέ, but it is not itself notably poetic ). One can see how it could possibly have developed in the spoken language of the fourth century, extending the function of γάρ as an explanatory particle in a way which makes it comparable with the English ‘you see’ in ‘He didn't dare pick it up. He hurt his back last year, you see’. For an extension of this kind we may compare the current extension of the English genitive affix in ‘Then the girl whose place she was taking's mother turned up’ and ‘The man that Christopher liked's Introduction is much better’. Moreover, postponed γάρ appears in a segment of conversation constructed in indirect speech by Theophrastus in Char. 8.9 τ πργμα βοσθαι γάρ . Again we must ask: what happened to it afterwards? A couple of cases in Theophrastus' botanical works could be a reflex of the influence of comedy on literary language at Athens. The influence was plainly short-lived, since it did not affect the Koine. It is not hard to see why serious poetry in the fifth century and earlier should have experimented occasionally with the postponement of δέ and γάρ: treatment of M M q as a valid alternative to M q M is metrically very convenient. No poet, however, could afford to use common words in a bizarre, un-Greek way merely to save himself time and trouble in constructing a verse. Linguistic innovation is normally analogical, proceeding by extension from a starting-point already there, and the most obvious starting-point for postponement of δέ and γάρ is constituted by my class . This consideration provides comic postponement with a pedigree, but does not deny it individuality. The remarkable scale and frequency with which comedy exploited a phenomenon which tragedy used with restraint and prose hardly at all gives comic postponement the right to be regarded as a quite distinctive artificial feature of comedy. (shrink)

Occupational Health Nursing (OHN) has followed a complex path to build and strengthen its theoretical basis. Starting with Public Health core principles, theories were shaped by the dualism of person worker and working environment, where sometimes the centre of the thought was given to the latter and other times to the former. The problem was not much on such conflict but on the definition of the correct OHN focus and whether genuine nursing knowledge was being applied. We are worried (...) that other disciplines radically influenced the theoretical path taken by OHN theorists. To approach this problem, a unitary‐transformative perspective can help us describe and analyse this phenomenon and engage scholars to reflect upon the accurate epistemological focus of OHN. We aimed to deepen this reflection and uncover a new OHN theoretical focus. (shrink)

The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, and adjusting (...) the constraint that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

The thesis examines the philosophical implications of the computational theory of early vision developed by Marr. According to Marr, early visual processes consist of sequences of "modular" computational mechanisms. These processes rely on functional relations between rates of change in stimulus magnitudes which result from certain contingent, global properties--natural constraints--of the physical world. ;Marr argues that explanations of early vision must have three distinct levels of description: computational, algorithmic and physical. In Chapter 1 I defend the explanatory significance of this (...) distinction in levels. In fulfilling its role in describing the dependence of visual processes on natural constraints, the computational level forms an autonomous level of description in the sense that it is unaffected by the computational steps at the other levels. ;In Chapter 2 I discuss the implications of natural constraints for the issues of individualism and methodological solipsism. I conclude that Mart's theory is nonindividualistic in the sense that visual content does not supervene on neural properties. However, this merely reflects the fact that different computational theories may be selected for the same system. Importantly, Marr's theory does not violate methodological solipsism since interpretations within theories must supervene on neural properties. ;In Chapter 3 I argue from the results of Chapters 1 and 2 that psychological explanation does not reduce to neurophysiology. This conclusion does not follow from the functionalist argument against physicalism, which is based on an incorrect account of computational theories. Rather the conclusion reflects the explanatory incompleteness of neurophysiological theories given the autonomous role of the computational level. ;In Chapter 4 I look in detail at the arguments for a "language of thought" as they apply to early vision. I distinguish two versions of the language of thought hypothesis, one weaker than the other. I conclude that the stronger version, which claims that a cognitive system is "program-using", is false of early vision because of the role of natural constraints. The weaker claim that cognitive processes employ symbolic transformations is true of the computational-level theory of early vision, but there is insufficient evidence to establish the claim at the algorithmic level. (shrink)

The article examines the problem of Nothingness and nihilism in Martin Heidegger’s views. In his early studies, Nothingness appears as a negation in the logical judgement. However, in further examinations, it relates to human existence. Nothingness is exposed in realization of the finitude of human life and death. Heidegger explains that human existence and Nothingness are connected through the experience of fear. To be fearful does not mean to be afraid of certain things, but to be able to see the (...) perspective of non-existence. Nothingness that emerges in fear resembles transcendence, in other words, the ability to go beyond one’s own limits. Going outside the limitations of existence allows anyone to overcome the passiveness of life and start being concerned about one’s own existence. As a result, Heidegger’s philosophy of Nothingness was named nihilistic. However, Heidegger rethinks the problem of nihilism in the context of Nietzsche’s philosophy. He succeeds in showing that Nietzsche avoids the problem of Nothingness. In the Nietzschean vision, Nothingness is a characteristic of a world in which values are an appeal not to the earthly, but to the afterlife existence. That is why Nietzsche speaks of the need for a new set of values. Therefore, according to Heidegger, Nietzsche does not ask about the essence of Being, but simply assigns values to Being. Instead, in Heidegger’s philosophy, nihilism is a consequence of Western metaphysics ignoring the question of Nothingness. It is due to Nothingness that the question of Being becomes clear: without thinking of Nothingness, Being is not understood either. One can change the situation by asking again about Nothingness and Being. In general, the problem of nihilism in Heidegger’s philosophy changes significantly. First, he connects it with the historical movement of forgetting of Being, and later with a false interpretation of the essence of metaphysics. This thought is strengthened by the tendency of the dominance of technology, which dehumanizes the world. In conclusion, Heidegger’s philosophy is comparable to prophetism. Like Nietzsche, he seeks salvation from nihilism in art: poetry liberates from calculative rational thinking. Therefore, the question of the essence of thinking has not yet been raised in the West. The dominance of metaphysical thinking further distances a human from Being. At the same time, Heidegger insists on including the problem of Nothing in the question of Being, as ignoring it prevents the real overcoming of nihilism. (shrink)

Testimony about episodes of artistic creativity often describes a puzzling combination of deliberate and involuntary elements. For example, Vincent Van Gogh wrote that it was possible for him to make an especially expressive picture, or as he put it, something with “feeling” in it, because the picture had already spontaneously taken form in his mind before he started drawing. He added, however, that if there was something worthwhile in the picture, this was “not by accident but because of real intention (...) and purpose.” Reflection on such testimony and on his own experience as a poet led Paul Valéry to conclude that artistic creation always involves a combination of “conscious acts” and “spontaneous formation”; only their relative proportion varies. If this point is granted, the outstanding and notoriously difficult problem is to understand how such different elements combine in the creative process. In other words, how is inspiration, or the work of the muse, related to the artist’s deliberations, plans, rational choices, and intentional actions? In what follows I shall develop a conjecture that falls within the conceptual space defined by two extreme theses--the popular, inspirationist idea that artistic creativity is a sudden, involuntary, and ultimately inexplicable event, and the dubious, rationalistic counterthesis, which characterizes artistic creation as a principled, deliberate selection from amongst an array of previously known options, each of which is associated with an expected quantity of artistic value. In my first section I discuss Henri Poincaré’s reflections on creativity in his 1908 essay, “L’Invention mathématique.” Although some of Poincaré’s ideas have been restated and elaborated upon in the literature on creativity, I contend that his most important claims still merit a closer look. Taking Poincairé’s general model as my point of departure, I sketch a new conjecture about artistic creativity in section 2; I also discuss a kindred proposal by Jon Elster. In section 3 I further illustrate and explain this conjecture with reference to Virginia Woolf’s artistic breakthrough in the writing of Jacob’s Room. In my final section I take up and respond to objections that may be raised against these claims about artistic creativity. (shrink)

Harvard University Press takes pride in publishing the third edition of a work whose depth, scope, and wisdom have gained it international recognition as a classic in its field. Harry Austryn Wolfson, world-renowned scholar and most lucid of scholarly writers, here presents in ordered detail his long-awaited study of the philosophic principles and reasoning by which the Fathers of the Church sought to explain the mysteries of the Trinity and the Incarnation. Professor Wolfson first discusses the problem of the (...) relation of faith and reason. Starting with Paul, who, differentiating between the wisdom of God and the wisdom of the world, averred that he was not going to adorn his teachings with persuasive arguments based on the wisdom of the world, Professor Wolfson describes the circumstances and influences which nevertheless brought about the introduction of philosophy into matters of faith and analyzes the various attitudes of the Fathers towards philosophy. The Trinity and the Incarnation are Professor Wolfson's next concern. He analyzes the various ways in which these topics are presented in the New Testament, and traces the attempts on the part of the Fathers to harmonize these presentations. He shows how the ultimate harmonized formulation of the two doctrines was couched in terms of philosophy; how, as a result of philosophic treatment, there arose with regard to the Trinity the problem of three and one and with regard to the Incarnation the problem of two and one; and how, in their attempts to solve these problems, the Fathers drew upon principles which in philosophy were made use of in the solution of certain aspects of the problem of the one and the many. In the final part of this volume, entitled "The Anathematized," he deals with Gnosticism and other heresies which arose during the Patristic period with regard to the Trinity and the Incarnation. (shrink)

In the fatwas given today related to whether individual or social life, the area of jawāz either has been very wide or very narrow. Those, who feature the behavior making prohibited things lawful, have nearly defined even necessity within the pragmatism on the basis of need and they keep the area in question very wide. On the other hand, those who confine the evidence of maṣlaḥa to a methodological principle, have nearly disregarded needs in solving individual and social problems. (...) Whereas, in the fiqh, the needs have been categorized as necessary/ḍarūrī, human want/ḥājī and making beautiful/taḥsīnī, and many principles have been constructed for taking stock of them. One of the principles is the lex of “Need/al-Ḥāje, general or particular, is dealt with as to meet necessity/al-Ḍarūra.” When it is determined how this lex has come out since the first period and its conditions in the context of implementation are determined, it will be come out that necessary cannot be reduced to need. In the same way, it will be come out that the maṣlaḥa is not an evidence disconnected with life. So, in the article, we will discuss the concepts of necessary and need. Then, we will show what the conditions to be considered in implementation of this lex are, what its base is in the sharia, how it has come out since the first period, and how it has been used in actual issues of the fiqh as well as in a specific example. Thus, with this study, we purpose to contribute to the solution of the actual issues of the fiqh. -/- SUMMARY The notions of need and necessity (ḍarūra, ḥāje) which are of four notions cited in the lex were individually examined and the differences between them were explained. The notions of general or particular (umūmī, khuṣūṣī), because of their using as adjective of the notion of ḥāje, were explained in the context of it. In the literature, the conception of ḥāje was used in the meaning both for all needs containing ḍarūra and just for needs apart from ḍarūra. A similar situation applies to the conception of ḍarūra. Ḍarūra having two descriptions was used in the meaning of ḥāje at times. This closure in using has caused the idea that both concepts have the same notion. In fact, from this point of view, there are the implications about that the lex is unnecessary. In this study, it is purposed that the mentioned idea and implications are wrong. As a requirement, the differences between the mentioned concepts were also examined under a separate title. -/- As for the notions of umūmī and khuṣūṣī, the scope of umūmī and khuṣūṣī ḥāje were not transparently defined and were just explained through examples in the classical period. In the context of ḥāje, the descriptions about the scope of these notions have been done after the lex took its final shape and became popular in this shape. According to these descriptions, umūmī ḥāje is the needs regarding all community. Khuṣūṣī ḥāje is the needs regarding a certain group in the community. There are interpretations as well about that individual needs must be dealt with in the scope of khuṣūṣī ḥāje. This study has same opinion. Taking into consideration of the historical development of the lex, this situation has been more clearly understood. Taking into consideration of the historical development of the lex, it is seen that the first person to make the lex a current issue is Juweynī (d. 1085). Juweynī mentioned the lex in different shapes. These combine in the point of umūmī ḥāje: “Umūmī ḥāje is dealt with as khuṣūṣī ḍarūra.” Juweynī not mentioning the notion of khuṣūṣī ḥāje in the lex shows that there is the differentiation between umūmī and khuṣūṣī ḥāje in his mind. Juweynī has a clear attitude in umūmī ḥāje while is hesitant in khuṣūṣī ḥāje. Another point which he is clear is that the needs dealt with as ḍarūra is not pure advantage and relaxation and it must have some conditions. Likewise, Gazzalī (d. 1111) and ‘Izz b. ʿAbd al-salām (d. 1262) continued the clear attitude of him. Both asserted some conditions about ḥāje dealt with as ḍarūra. But both did not mention any notation to imply these conditions in the lex. However, Ibn al-Wakīl (d. 1317) seems to want to show all ḥāje not to be dealt with as ḍarūra by adding the notation of in some situation: “Umūmī ḥāje is dealt with as ḍarūra in some situation.” In the historical development, it is seen that the first person to mention the notion of “khuṣūṣī ḥāje” in a lex is Zarkashī (d. 1392). But he mentioned this notion in another lex not in the lex in question. It is claimed that the addition of “khuṣūṣī ḥāje” to the lex was done in time of Ibn al-Wakīl or before and Zarkashī divided the lex in two as umūmī ḥāje and khuṣūṣī ḥāje. But this study proves for the mentioned claims to be unsuitable the historical development. Because, the first person to mention the notions both of umūmī ḥāje and khuṣūṣī ḥāje in one lex is Suyūtī (d. 1505): “Ḥāje, umūmī or khuṣūsī, is dealt with as to meet ḍarūra.” The lex has been fixed and become popular as it is. After this, especially in the recent period, the clear definitions have started to be done regarding what scope the notions of umūmī and khuṣūsī ḥāje in question in the lex is and the conditions about ḥāje have been dwelled on. In this study, the conditions in question have been treated under four items. In this study, this conditions have been analyzed with regard to functionality of the lex. It has been determined that the idea claimed about that ḥāje must not oppose to a special base, in the context of the first conditions especially, will cancel the functionality of the lex. The current use of the lex, because of the study’s boundaries, has been dealt with over a specific example topic. The issue of being a resident has been preferred as an example topic. Though there is an alliance about having a residence as a need, there is a conflict about the buying a residence by bank credit. While some have not allowed this by claiming that credit is against to a special base, some have allowed it on the basis of this lex. According to the second group, when its conditions are met, the buying a residence by credit is permissible. Because, residence is among essential needs. In this study, it is stated that the preferred opinion is this. However, by taking into account the spirit of sharia it is expressed that every need for having a residence cannot be dealt with as necessity. It has been emphasized that instead of accepting everything as a need dictated especially by the consumerism that elevates human desires to an uncontrollable level, identifying a suitable need for our own values is important. This study deals with the lex of “Need, general or particular, is dealt with as to meet necessity” used in the fatwās today. The study determining the historical development and break points of the lex and the conditions argued about it examines daily use of it on the basis of a current example. So the study purposes to prove how the lex must come out in solving of the other problems. The study is of important to determine the break points of the lex in its historical development. Ḥāje must be appropriate to a base in the sharia. Ḥāje must contain a hardship over ordinary hardship. Ḥāje must not be possible to eliminate by a legitimate way. Ḥāje must be realized by conclusive evidence or near it. In this study, this conditions have been analyzed with regard to functionality of the lex. It has been determined that the idea claimed about that ḥāje must not oppose to a special base, in the context of the first conditions especially, will cancel the functionality of the lex. The current use of the lex, because of the study’s boundaries, has been dealt with over a specific example topic. The issue of being a resident has been preferred as an example topic. Though there is an alliance about having a residence as a need, there is a conflict about the buying a residence by bank credit. While some have not allowed this by claiming that credit is against to a special base, some have allowed it on the basis of this lex. According to the second group, when its conditions are met, the buying a residence by credit is permissible. Because, residence is among essential needs. In this study, it is stated that the preferred opinion is this. However, by taking into account the spirit of sharia it is expressed that every need for having a residence cannot be dealt with as necessity. It has been emphasized that instead of accepting everything as a need dictated especially by the consumerism that elevates human desires to an uncontrollable level, identifying a suitable need for our own values is important. (shrink)

Plausibly perceptual knowledge satisfies the following: It is knowledge about things from the way they appear. It can embrace more than the way things appear. It is phenomenologically immediate and thus, in one sense, non-inferential. and place a significant constraint on adequate elucidations of . Knowledge about an object, from the way it looks, which embraces more than the way it looks, should not turn out to be inferential in the relevant sense. The paper shows how this constraint (...) can be met, drawing upon a conception of a discriminative capacity. The discussion touches on literature dealing with observation in science, knowledge of other minds, and the possibility of moral knowledge. (shrink)

Over the past decade, there has been an extensive debate about whether researchers have an obligation to disclose genetic research findings, including primary and secondary findings. There appears to be an emerging (but disputed) view that researchers have some obligation to disclose some genetic findings to some research participants. The contours of this obligation, however, remain unclear. -/- As this paper will explore, much of this confusion is definitional or conceptual in nature. The extent of a researcher’s obligation to return (...) secondary and other research findings is often limited by reference to terms and concepts like “incidental,” “analytic validity,” “clinical validity,” “clinical relevance,” “clinical utility,” “clinical significance,” “actionability,” and “desirability.” These terms are used in different ways by different writers to describe obligations in different sorts of cases. -/- Underneath this definitional confusion is a general notion, supported by much of the literature, that findings only need to be disclosed when they surpass certain presumably objective or measureable thresholds, such as medical importance or scientific reproducibility. The problem is that there is significant variability in the way that these terms and concepts are used in the literature and, as such, in defining the scope of an obligation to return findings that surpasses the relevant thresholds. -/- The goal of this paper is to analyze the definitional muddle underlying the debate about returning genetic research findings, with the hope of answering a few questions. First, what is the range of definitions being used in this debate? Based on an extensive literature review, Part 1 will lay out a range of articulated definitions for each relevant term, with the goal of categorizing them into a handful of distinct types. Part 2 explains the definitional redundancy and confusion in the current literature, and, drawing from the terminological patterns identified in Part 1, outlines more cohesive building blocks to inform the development of future disclosure frameworks.Our minimum goal in articulating these conceptual building blocks is to promote clearer articulations of, and distinctions between, future disclosure frameworks. More ambitiously, we suggest which definitions and conceptualizations we consider most appropriate to use in future disclosure frameworks. Here, we seek to balance benefits to participants through the disclosure of important information with the minimization of undue burdens on individual researchers and the research enterprise more generally. -/- Our analysis builds upon the central philosophical distinction between concepts and conceptions. The basic idea is that the “concept” of X refers to the general (and relatively uncontroversial) structure/shape of X, while various “conceptions” of X are more particular, filled out, and controversial elaborations of the concept. In other words, “concepts” of X will be formal representations of X, while “conceptions” of X will be substantive interpretations of the key elements and relationships operating within that formal framework. (Implicit in this distinction is an important point about the nature of disagreement – namely, that in order for two or more parties to “disagree” about X as opposed to simply talk past one another, there must be at least enough shared agreement about X to know that the parties are referring to the same thing. A concept of X provides this point of common agreement, while competing conceptions of X mark the areas where disagreement arises.) In this paper, we will employ this distinction in a fundamental way to clarify exactly where the primary disagreements arise in the debate over disclosing genetic research findings. -/- We propose that, underlying all the seeming confusion and disagreement, there are three central and widely agreed upon concepts at work in this debate—validity, value, and volition. The first two concepts concern the nature of the information itself. An obligation to disclose only exists when findings are valid and have value but there are competing conceptions of how to determine or define validity and valuableness. The third concept—volition—pertains not to the information but rather to the person to whom it will be disclosed. Does that person want or not want the information, and what is the best way of determining this? Here, too, competing conceptions arise. Our key point, though, is that almost all of the ethical disagreement arises because of competing conceptions of these three concepts. Understanding and appreciating this key point can help to refocus the substantive debate by providing some common ground to start from in determining how best to interpret these shared concepts. This refocusing can, ideally, produce more productive debate and facilitate some progress in resolving it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:192 HUME'S REFUTATION OF — WOLLASTON? Recently while rereading Book III of Hume's Treatise I was struck by an anomaly in the text that I had never noticed before. It consists in the juxtaposition of two arguments Hume offers regarding the source of the moral qualities of our actions. At first I dismissed Hume's arrangement of these arguments as being of little consequence — one of them appears in (...) a footnote — but the more I thought about the juxtaposition the more it intrigued and puzzled me. Expecting that it must have been noted by other readers I checked through the literature to find some discussion of it. Since after a long search I have failed to uncover anything, and believing the point, which relates to Hume's central view concerning morality, to be of some interest, I have decided to write this brief paper. Two passages from § 1, entitled "Moral Distinctions not deriv'd from Reason," of Part I, Book III, are involved. Hume begins the section by arguing that, because of the limited scope of its capacities, reason cannot distinguish between right and wrong or, as he puts it, between virtue and vice, and therefore that it is a mistake to speak of actions as being reasonable or unreasonable. Since Hume's views on this question are well-known and since they are not directly relevant to the point of my paper, I shall not pursue them further, but turn directly to the issue at hand. After having stated his argument at the beginning of § 1 and reached the conclusion that "actions may be laudable or blameable, but they cannot be reasonable or unreasonable," Hume turns to answer an objection that might be made against him by a rationalist ethicist. He writes: 193 But perhaps it may be said, that tho' no will or action can be immediately contradictory to reason, yet we may find such a contradiction in some of the attendants of the action, that is, in its causes or effects (T 459). Pursuing this objection, Hume first considers the causes of our actions. He acknowledges that we can be led astray in what we do in two ways; by making mistakes of fact, first, about the nature of some object we desire (e.g., thinking some fruit delicious when it really is not) and, second, about the means we should employ to gain the object (e.g., attempting to pluck the fruit when it is beyond our reach). Although these errors cause us to act in ways that may be termed unreasonable in a "figurative and improper way of speaking" (T 459), they cannot be the source of any immorality in what we do because they are committed involuntarily and innocently. A person who falls into such errors and acts on them is "more to be lamented than blam'd" (T 459). To conclude his answer to the rationalistic objection he has raised, Hume turns next to the issue of whether the immorality of our actions can be explained in terms of the unreasonableness of any of their effects. In a memorable passage he denies that the fact that false judgments are the effects of our actions can be the source of immorality in what we do. As to those judgments which are the effects of our actions, and which, when false, give occasion to pronounce the actions contrary to truth and reason; we may observe, that our actions never cause any judgment, either true or false, in ourselves, and that 'tis only on others they have such an influence. 'Tis certain, that an action, on many occasions, may give rise to false conclusions in others; and that a 194 person, who thro' a window sees any lewd behaviour of mine with my neighbour's wife, may be so simple as to imagine she is certainly my own. In this respect my action resembles somewhat a lye or falshood; only with this difference, which is material, that I perform not the action with any intention of giving rise to a false judgment in another, but merely to satisfy my lust and passion. It causes, however, a mistake and false judgment by accident; and the falshood... (shrink)

Many factors like the structure of the society, political conditions, and social structure of a country are useful in determining pedagogical approaches. One of them is culture, which is influential on the way of life of the individual, as well as thinking and learning styles. This requires the examination of the relationship between culture and pedagogy. It is possible to discuss cultural, multicultural, and intercultural pedagogical approaches regarding the relationship between pedagogy and culture. The socio-political agenda of a country is (...) the thing that defines the pedagogy-culture association and acts as a mediator for this association and its reflections on the applied educational systems. In this regard, the interpretation of the cultural-pedagogical concerning the educational philosophies of countries becomes more necessary. Since culture affects general pedagogy, naturally, it also affects religious pedagogy. Besides, the importance of the phenomenon of cultural-religious pedagogy becomes visible when considering the inseparable integrity of culture and religion. This study aims to make a start to develop a more effective religious pedagogy by interpreting the association between culture and religious pedagogy in Turkey. For this purpose, it introduces the cultural pedagogy and cultural-religious pedagogy concepts, and then, addresses the main issues in developing cultural-religious pedagogy in Turkey.Summary: Currently, it is seen that many societies are changing and becoming open societies. Education in free societies is not an indoctrination activity. This situation requires that appropriate pedagogies are developed in education by considering all ideas, beliefs, and cultures related. When the fact that the multicultural structure is seen in many societies with the effect of globalization is found, the reflections of ethnic, religious, and cultural diversity on education have been considered, which have given birth to the need for cultural pedagogy.When the integrity of religion and culture is considered, it is possible to argue that the effect of culture should be regarded as in religious pedagogy. However, when a cultural-religious pedagogy is a matter, there are questions awaiting answers as follows: (a) whether the religion that exists in the definition of religious pedagogy is to be considered as a phenomenon or any religion is mentioned, which issues are to be considered in studies followed after one of these is preferred, (b) if a pedagogy is to be developed based on the interaction of religion with culture, and (c) whether it is to be dealt with in the context of one single religion with culture or with an intercultural approach. This current study aims to introduce the concept of cultural-religious pedagogy by explaining the effect of the questions mentioned above on cultural-religious pedagogy studies and to determine the issues that must be considered in cultural-religious pedagogy studies. This study, which was conducted with the Literature Review Method was limited by examining the concept of cultural-religious pedagogy in terms of some paradigms; and excluded any suggestions in terms of developing cultural-religious pedagogy in practice. It is considered that discussing the meaning of the concept for Turkey with its opportunities and limitations will augment this field to draw attention to the principles of developing cultural-religious pedagogy.Since pedagogy covers many subjects and phenomena in the scope of education, it is possible to argue that it constitutes a general and universal structure about the human existence and nature. Although the individual has common characteristics in terms of being human, s/he is a part of the culture to which they are attached in terms of the social aspect, and individuals that have different cultures -in other words, communities or congregations- differ from each other. These characteristics, which are called cultural differences, are essential in terms of education because they affect and individuate learning. Continuing the educational activities in a setting where different behavioral types that have specific features in a multicultural and open societal structure in a way that will protect this diversity, and the necessity to think about the pedagogical principles in facilitating the learning of the individual attaching to his/her cultural features constitute the fundamental goal of cultural pedagogy studies.In countries that have diversity in terms of ethnicity, structure, religion, and culture, although a pedagogical approach is seen, which provides the opportunity for the agreement that is based on cultural and religious partnerships with the intercultural pedagogical approach, differences are also considered over the explanations that are brought about by the members of the religion or culture at the points where culture and religion separate from each other.In Turkey, on the other hand, since a cultural pedagogy is also necessary together with the intercultural approach due to the social structure, the necessity of constructing the relationship between religious pedagogy and culture must be fictionalized different from the one that is adopted in the Western world. When considered from the perspective of Turkey, it is possible to mention an Islamic religious pedagogy in which Islamic theology takes a central place. However, it must not be considered as an obligation. Recognizing religion as a phenomenon in the academic and literary field, or admitting it as the Islamic religion will vary according to the nature of the study in question.When the issue is considered for the Islamic religion in particular, although a pedagogy in which the primary sources of Islamic religion, the Qur’an and hadiths are the centers will be formed, the differences in the interpretation of the verses and hadiths and the cultural influence in these interpretations cause that an Islamic cultural pedagogy is developed. As a particular religious pedagogy field, it is possible to mention the Islamic religious pedagogy by considering the rituals that are formed with cultural influences like forms of covering the head, Mevlit (Islamic memorial ceremony), etc., which are considered to be religious by people. It is possible to argue that culture has a significant impact on the preferences of the Sects in terms of differences in the parts of religion that are open to interpretation. In this respect, it is also possible to argue that the Sects that have different methodologies and that make conclusions with varying ways of thinking will create different pedagogies. Accordingly, it is possible to say that the Islamic pedagogy may be formed in two ways without considering the Sect issue; firstly, with a general methodology, and secondly, with more specific methodological approaches in terms of sects.When the fact that sects have effects on the multicultural structure of Turkey, if the purpose is to form a multicultural religious pedagogy, it must be based on the differences of the Sects instead of religions as it is the case in Europe. However, when the fact that the discrepancies between the Sects are not an element of disintegration, but constitute a wealth of interpretation is considered, it must not be regarded as incorrect to emphasize these differences. From this point of view, it is possible to mention a cultural Islamic religious pedagogy. When talking about grounding the cultural or intercultural religious pedagogy, explaining this issue only by grounding it on the Sects will limit the scope of it. Because it is possible to establish pedagogy over each of the differences like geographical regions and traditional or modern approaches. Determining and working on each of these differences will contribute to a more effective religious education. Taken together, when considering the true nature of cultural diversity as well as the structure of the religions that exist in the society, there is a need to talk about a cultural-religious pedagogy in Turkey and to establish the relation between cultural pedagogy. (shrink)

In this paper I argue, based on a comparison of Spinoza's and Descartes‟s discussion of error, that beliefs are affirmations of the content of imagination that is not false in itself, only in relation to the object. This interpretation is an improvement both on the winning ideas reading and on the interpretation reading of beliefs. Contrary to the winning ideas reading it is able to explain belief revision concerning the same representation. Also, it does not need the assumption that (...) I misinterpret my otherwise correct ideas as the interpretation reading would have it. In the first section I will provide a brief overview of the notion of inherence and its role in Spinoza‟s discussion of the status of finite minds. Then by examining the relation between Spinoza‟s and Descartes‟ distinction of representations and attitudes, I show that affirmation can be identified with beliefs in Spinoza. Next, I will take a closer look at the identification of intellect and will and argue that Spinoza's identification of the two is based on the fact that Spinoza sees both as the active aspect of the mind. After that, I analyze Spinoza‟s comments on the different scopes of will and intellect, and argue that beliefs are affirmations of the imaginative content of the idea. Finally, through Spinoza‟s example of the utterance of mathematical error, I present my solution to the problem of inherence of false beliefs. (shrink)

ABSTRACT The philosophical tradition approaches to morals have their grounds predominantly on metaphysical and theological concepts and theories. Among the traditional ethics concepts, the most prominent is the Divine Command Theory (DCT). As per the DCT, God gives moral foundations to the humankind by its creation and through Revelation. Morality and Divinity are inseparable since the most remote civilization. These concepts submerge in a theological framework and are largely accepted by most followers of the three Abrahamic traditions: Judaism, Christianity, and (...) Islam: the greatest part of the human population. Holding faith and Revelation for its grounds, the Divine Command Theories are not strictly subject to the demonstration. The opponents to the Divine Command conception of morals, grounded in the impossibility of demonstration of its metaphysical and religious assumptions, have tried for many centuries (albeit unsuccessfully) to devalue its importance. They held the argument that it does not show material evidence and logical coherence and, for this reason, cannot be taken into account for scientific nor philosophical purposes. It is just a belief and, as so, should be understood. Besides these extreme oppositions, many other concepts contravene the Divine Command theories, in one or another way, in part or in full. Many philosophers and social scientists, from the classic Greek philosophy up to the present date, for instance, sustain that morality is only a construct, and thus culturally relative and culturally determined. However, this brings many other discussions and imposes the challenge to determine what is the meaning of culture, which elements of culture are morally determinant, and finally, what are the boundaries of such relativity. Moral determinists claim that everything related to human behavior, including morality, is determined, once free will does not exist. More recently, modern thinkers argued that there is a strict science of morality. However, the scientific method alone, despite explaining several facts and evidence, cannot enlighten the entire content and full meaning of ethics. Morals’ understanding requires a broader perception, and an agreement among philosophers, which they have never achieved. All of these questions have many different configurations depending on each philosophical strand, and start complex analysis and endless debates, as long as many of them are reciprocally conflictive. The universe and the atmosphere involving this thesis are the dominions of all these conceptual conflicts, observed from an objective and evolutionary standpoint. Irrespective of this circumstance and its intrinsic importance, however, these questions are far distant from the methodological approach of an analytical discussion on objective morals, what is, indeed, the aim and scope of this work. We should briefly revisit these prominent traditional theories because this thesis shelters a comparative study, and its assumptions at least differ profoundly from all traditional theories. Therefore, it becomes necessary offering direct and specific elements of comparison to the reader, for the right criticism, dispensing interruptive researches. However, even revisiting the traditional theories, for this comparative and critical exposure purpose, they will be kept by the side of our main concerns, as “aliena materia.” Irrespective of the validity of any or all of the elements of this discussion, and their meaning as the philosophical universe of this thesis, the purpose of this work is demonstrating and justifying the existence and meaning of prehistoric moral archetypes arisen directly from the very first social needs and efforts for survival. These archetypes are the definition of the essential foundation of ethics, its aggregation to the collective unconscious and corresponding logic organization and transmission to evolutionary stages of the human genome and different relations space-time, irrespective of any contemporary experience of the individuals. The system defined by these archetypes composes an evolutionary human social model. Is this a metaethical position? Yes, it is. Moreover, as in any metaethical reasoning, we should look carefully for the best and coherent routes, as the Analytical Philosophy offers them. Thus, this work should reasonably demonstrate that morals are not a cultural product of the civilized men or modern societies and that despite being subject to several cultural relative aggregations and subtractions, its essential foundations are archetypal and have never structurally changed. This reasoning induces that morality is an original attribute of the “homo sapiens”; it is not a property and nor an accident: it integrates the human essence and belongs to the realm of the ontological human identity. The human phenomena is a continuing process, playing its role between random determination and free will, and we need to question how morality began and how did it come to us in the present. (shrink)

The thesis deals with the concept of truth and the paradoxes of truth. Philosophical theories usually consider the concept of truth from a wider perspective. They are concerned with questions such as - Is there any connection between the truth and the world? And, if there is - What is the nature of the connection? Contrary to these theories, this analysis is of a logical nature. It deals with the internal semantic structure of language, the mutual semantic connection of sentences, (...) above all the connection of sentences that speak about the truth of other sentences and sentences whose truth they speak about. Truth paradoxes show that there is a problem in our basic understanding of the language meaning and they are a test for any proposed solution. It is important to make a distinction between the normative and analytical aspect of the solution. The former tries to ensure that paradoxes will not emerge. The latter tries to explain paradoxes. Of course, the practical aspect of the solution is also important. It tries to ensure a good framework for logical foundations of knowledge, for related problems in Artificial Intelligence and for the analysis of the natural language. Tarski’s analysis emphasized the T-scheme as the basic intuitive principle for the concept of truth, but it also showed its inconsistency with the classical logic. Tarski’s solution is to preserve the classical logic and to restrict the scheme: we can talk about the truth of sentences of a language only inside another essentially richer metalanguage. This solution is in harmony with the idea of reflexivity of thinking and it has become very fertile for mathematics and science in general. But it has normative nature | truth paradoxes are avoided in a way that in such frame we cannot even express paradoxical sentences. It is also too restrictive because, for the same reason we cannot express a situation in which there is a circular reference of some sentences to other sentences, no matter how common and harmless such a situation may be. Kripke showed that there is no natural restriction to the T-scheme and we have to accept it. But then we must also accept the riskiness of sentences | the possibility that under some circumstances a sentence does not have the classical truth value but it is undetermined. This leads to languages with three-valued semantics. Kripke did not give any definite model, but he gave a theoretical frame for investigations of various models | each fixed point in each three-valued semantics can be a model for the concept of truth. The solutions also have normative nature | we can express the paradoxical sentences, but we escape a contradiction by declaring them undetermined. Such a solution could become an analytical solution only if we provide the analysis that would show in a substantial way that it is the solution that models the concept of truth. Kripke took some steps in the direction of finding an analytical solution. He preferred the strong Kleene three-valued semantics for which he wrote it was "appropriate" but did not explain why it was appropriate. One reason for such a choice is probably that Kripke finds paradoxical sentences meaningful. This eliminates the weak Kleene three valued semantics which corresponds to the idea that paradoxical sentences are meaningless, and thus indeterminate. Another reason could be that the strong Kleene three valued semantics has the so-called investigative interpretation. According to this interpretation, this semantics corresponds to the classical determination of truth, whereby all sentences that do not have an already determined value are temporarily considered indeterminate. When we determine the truth value of these sentences, then we can also determine the truth value of the sentences that are composed of them. Kripke supplemented this investigative interpretation with an intuition about learning the concept of truth. That intuition deals with how we can teach someone who is a competent user of an initial language (without the predicate of truth T) to use sentences that contain the predicate T. That person knows which sentences of the initial language are true and which are not. We give her the rule to assign the T attribute to the former and deny that attribute to the latter. In that way, some new sentences that contain the predicate of truth, and which were indeterminate until then, become determinate. So the person gets a new set of true and false sentences with which he continues the procedure. This intuition leads directly to the smallest fixed point of strong Kleene semantics as an analytically acceptable model for the logical notion of truth. However, since this process is usually saturated only on some transfinite ordinal, this intuition, by climbing on ordinals, increasingly becomes a metaphor. This thesis is an attempt to give an analytical solution to truth paradoxes. It gives an analysis of why and how some sentences lack the classical truth value. The starting point is basic intuition according to which paradoxical sentences are meaningful (because we understand what they are talking about well, moreover we use it for determining their truth values), but they witness the failure of the classical procedure of determining their truth value in some "extreme" circumstances. Paradoxes emerge because the classical procedure of the truth value determination does not always give a classically supposed (and expected) answer. The analysis shows that such an assumption is an unjustified generalization from common situations to all situations. We can accept the classical procedure of the truth value determination and consequently the internal semantic structure of the language, but we must reject the universality of the exterior assumption of a successful ending of the procedure. The consciousness of this transforms paradoxes to normal situations inherent to the classical procedure. Some sentences, although meaningful, when we evaluate them according to the classical truth conditions, the classical conditions do not assign them a unique value. We can assign to them the third value, \undetermined", as a sign of definitive failure of the classical procedure. An analysis of the propagation of the failure in the structure of sentences gives exactly the strong Kleene three-valued semantics, not as an investigative procedure, as it occurs in Kripke, but as the classical truth determination procedure accompanied by the propagation of its own failure. An analysis of the circularities in the determination of the classical truth value gives the criterion of when the classical procedure succeeds and when it fails, when the sentences will have the classical truth value and when they will not. It turns out that the truth values of sentences thus obtained give exactly the largest intrinsic fixed point of the strong Kleene three-valued semantics. In that way, the argumentation is given for that choice among all fixed points of all monotone three-valued semantics for the model of the logical concept of truth. An immediate mathematical description of the fixed point is given, too. It has also been shown how this language can be semantically completed to the classical language which in many respects appears a natural completion of the process of thinking about the truth values of the sentences of a given language. Thus the final model is a language that has one interpretation and two systems of sentence truth evaluation, primary and final evaluation. The language through the symbol T speaks of its primary truth valuation, which is precisely the largest intrinsic fixed point of the strong Kleene three valued semantics. Its final truth valuation is the semantic completion of the first in such a way that all sentences that are not true in the primary valuation are false in the final valuation. (shrink)

In the texts that presented the theoretical assumptions of the Parc de La Villette, Bernard Tschumi used a large number of terms that contradicted not only the traditional principles of composing architecture, but also negated the rules of social order and the foundations of Western metaphysics. Tschumi’s statements, which are a continuation of his leftist political fascinations from the May 1968 revolution, as well as his interest in the philosophy of French poststructuralism and his collaboration with Jacques Derrida, prove that (...) terms such as disruption, dissociation, disfunction, disjunctions and dispersion not only referred to architectural problems but also applied to political criticism and the deepest foundations of thinking itself. His collaboration with Derrida manifested itself primarily in the publication La Case Vide: La Villette, 1985, in which the architect’s design drawings and texts explaining his concepts related to the Park de La Villette were accompanied by an extensive essay by Derrida, which included theoretical problems taken up by Tschumi in a philosophical context. Architectural and philosophical issues were also combined during seven discussion meetings organised by Peter Eisenman, invited by Tschumi to collaborate on the design of the Parc de La Villette. Eisenman, who, like Tschumi, invited Derrida to participate in the design of the park and also led to the publication of Chora L Works: Jacques Derrida and Peter Eisenman, in which his ideas were confronted with Derrida’s philosophical text. In this case, Derrida’s essay was not a direct commentary on the architect’s concepts, but rather a reflection on the question of the chôra presented by Plato in Timaeus. During the discussion and in his essay, Derrida pointed out that the chôra is a component of the created world, yet it does not belong to it, but precedes it. The originality of the chôra is so radical that she also precedes all the factors of creating the world, including ideas and the Demiurge. Thus a thesis appeared in the metaphysics of the West that the chôra is a form of active abyss, in relation to which all beings are secondary, both those perfect (as ideas or God) and those created, such as the world, things, people or language. This leads to the conclusion that the chôra does not exist, because all existence is a derivative of the chôra. Nor could the chôra be described, since it is a form of developing a space that is preceded by a lack of space characteristic of the chôra. Derrida intended the chôra to be an instance with an exceptional degree of transcendentalism, an anti-metaphysical instance, but also an a-theological one. However, this attempt failed, both in the field of secular philosophy and in the field of theology. Derrida’s characteristics of the chôra to strengthen its transcendentalism and negation of metaphysics had to be expressed in a language that immediately produces new concepts and a new metaphysics that reproduces the categories of the beginning, the origin or the foundation known from earlier philosophical traditions. All forms of criticism of metaphysics are also inspired by negative, apophatic and mystical theology. The undermining of many concepts of permanent meaning and the introduction of new concepts of unstable meaning, characteristic of the philosophy of deconstruction, had many features of originality, but it was directed towards problems whose solutions repeat, with the use of new vocabulary, the findings known in culture since Democritus. Thus, if apophatic philosophy can be regarded as deconstruction avant la lettre, then deconstruction itself in its late versions began to take on the features of a new religion. The exchange of inspiration between theology and deconstruction was manifested in a series of scientific conferences and publications in which Derrida’s philosophical concepts were interpreted within the scope of religious thought. Theological threads began to be found in such concepts of deconstruction as différance or the chôra, while at the same time Derrida himself undertook in his philosophy to study problems such as the Other (L’Autre) or Impossible (Impossible), which belonged to newer theological traditions. As a consequence of the new problems, the deconstruction became closer to the features of a new religion. Philosophy, at least from Kant’s time, has tried to create a system that would take over from religion the tasks of setting moral and political goals. Similarly, Derrida has directed his interest towards the problems of democracy and ethics, which would enable their renewal. Attempts to create a new religion (cleared of old metaphors), a new community or a new democracy bring problems and threats which may be no less troublesome than the previous systems. All promises of freedom carry with them threats, the greater the more they strive for perfection. The renewal of existential orders, sometimes carried out by means of violent changes, is a certain repetitive feature of human cultures. Deep changes, however, do not protect against the return of both old gods and old demons. Tschumi and Derrida were shaped in their youth by the atmosphere of leftist rebellion against the moral and political limitations of ossified communities and the imperfections of democracy. The ethical theme distinguishes many of their works, including the Parc de La Villette. The opposition to the metaphysical traditions of philosophy and architecture contained in this park was prompted by specific political situations and resulted from bringing political issues to the level of philosophical considerations. Achievements made at the level of pure concepts were then subject to elevation, to a kind of sacralization, which made them religious concepts. The deconstruction reached for the stratus of the new religion especially when it found its followers and began to generate moral obligations. In the new situation, terms such as the chôra, l’autre or the Impossible were absolutized and in relation to them a cult and attitude of adoration emerged. The Parc de La Villtette then gained new post-secular meanings, which allow it to be assigned the function of a Temple of Otherness (L’Autre) and Impossible. (shrink)

The Modern Synthesis has been receiving bad press for some time now. Back in 1983, in an article entitled “The Hardening of the Modern Synthesis” Stephen Jay Gould criticized the way the Modern Synthesis had developed since its inception in the 1930s and early 1940s (Gould 1983). Back then, those who would later become known as ‘architects’ of the synthesis were united in their call for explaining evolution at all levels in terms of causation at one level: genetics. What (...) drove changes in gene frequency remained an open question. It could be mainly selection, or drift, or some (other) form of constraint. But in the two decades that followed, the synthesis underwent a major change. By the late 1940s the synthesis had ‘hardened’ around adaptationism, according to Gould. Influential contributors like Dobzhansky, Simpson and Wright had increasingly expressed adaptationist views in the later editions of their landmark books. Not because evidence had piled up, showing that selection was in fact pervasive. Instead, Gould argued, adaptationist tendencies had been preserved by some kind of cultural inertia, and were now being revived. “Certain ‘national styles’ persisted from the eighteenth century, through Darwin’s era, and into our own time. Views on adaptation provide a good example” (Gould 1983). Gould did not just argue that some form of adaptationism had resurfaced. He became well-known for his efforts to intervene on this status quo by attempting to make evolutionary biology more ‘pluralistic’. In collaborative work with Richard Lewontin (Gould and Lewontin 1979), Elisabeth Vrba (Gould and Vrba 1982; Vrba and Gould 1986) and Niles Eldredge (Eldredge and Gould 1972; Gould and Eldredge 1977) he criticized the synthesis for its adaptationism and its lack of appreciation for hierarchical perspectives. Gould exerted his influence in a different way as well. Together with Eldredge, he had facsimiles reprinted of the first editions of two books that had shaped synthesis, but with their own critical introductions (Eldredge 1982; Gould 1982). Dobzhansky’s Genetics and the Origin of Species and Mayr’s Systematics and the Origin of Species appeared as reprints in the ‘Columbia Classics in Evolution’ series, sending an unambiguous message to the readers: these are foundational works, but they have been superseded. In the summer of 2008, some 25 years after Gould made his point about the hardening of the Modern Synthesis, a group of sixteen biologists and philosophers gathered at the Konrad Lorenz Institute for Evolution and Cognition Research (KLI) near Vienna, Austria, to discuss cutting-edge research that reaches beyond the synthesis framework. Before it even started, this workshop on the ‘Extended Synthesis’ had already attracted a fair share of attention in the blogosphere and had resulted in a news feature in Science (Pennisi 2008). After the meeting, Nature weighed in on the matter (Whitfield 2008). The results of over 3 days of presentations and extensive discussion have now been published as Evolution—The Extended Synthesis. 1 The publication of this collection of sixteen essays is accompanied by the republication of Julian Huxley’s Evolution: The Modern Synthesis; the book that introduced the term ‘Modern Synthesis’. Both books are introduced by the organizers of the KLI workshop, Massimo Pigliucci and Gerd Müller. Like Gould and Eldredge before them, Pigliucci and Müller did not reissue one of the canons of the Modern Synthesis without giving the readers some ‘guidance’. Starting with the cover, the editors proclaim boldly that this is ‘the definitive edition’ of Huxley’s book. In a new foreword, they sketch the context in which the book was written and assess some of its features. They voice some mild criticism of alleged ‘adaptationism’. But their tone is different from that of Gould and Eldredge. Pigliucci and Müller praise Huxley for his pluralistic outlook, which has again become essential in the forging of an Extended Synthesis. That makes Huxley’s book more than just an interesting but obsolete classic. Instead, it can teach valuable lessons about how to ‘soften up’ a synthesis that has become hardened over time. (shrink)

Suppose we agree to reject the view that privacy has narrow scope and consequently is irrelevant to the constitutional privacy cases. We then have (at least) these two options: (1) We might further emphasize and draw out similarities between tort and constitutional privacy claims in order to develop a notion of privacy fundamental to informational and Fourth Amendment privacy concerns as well as the constitutional cases. We can cite examples indicating this is a promising position. Consider consenting homosexuality conducted (...) in one's home, for instance. We view it as a private matter, whether the state is seeking to regulate the behavior, or if others are attempting to gain or exploit information about it. I believe basic conceptual similarities between tort and constitutional interests can be identified by showing that there is a range of similar reasons for protecting both tort and constitutional privacy concerns. We might worry, however, that a comprehensive concept of privacy may be too general to be very useful, given that privacy violations can be so diverse, and can arise, for example, from misuse of confidential information, from conduct that is intrusive even if no information is gained or disclosed, from disturbance of an intimate relationship, or from disruption of various other important aspects of one's life.(2) We could concede that whatever “privacy” means in the tort and Fourth Amendment cases, it means something different in the constitutional cases. Nevertheless, we might take that “something else” seriously as a distinct but legitimate use of the term which is not “spurious” but is reflected in our ordinary language. This appears to me to be a fruitful alternative. After all, contrary to Henkin's view that tort privacy is “what most people mean by privacy,” the term is often used in contexts beyond informational privacy and clearly related to the interests at stake in the constitutional cases. Thus, for example, in a pamphlet explaining how to protect children by teaching them how to say “No!” to strangers without making them paranoid or antisocial, parents and teachers are told, Children have a right to privacy. Teach it. Reinforce it. One of the ways to help children prevent sexual assault is to encourage them to develop a sense of physical integrity. A sense that they have a right to their own body space and privacy. Just as we allow them to close the door when they use the bathroom, we must allow them to say no to any unwanted physical affection and touch. Flora Calao and Tamar Hosansky, “The Key to Having Fun is Being Safe: Teaching Personal Safety to Children,” The Safety and Fitness Exchange, 1123 Broadway, N.Y., N.Y. 10010. Unfortunately, the most obvious starting point for identifying the sense of private relevant to the constitutional cases is extremely worrisome. The Court itself has said ... only personal rights that can be deemed “fundamental”...are included in this guarantee of personal privacy...the right has some extension to activities relating to marriage...procreation...contraception...family relationships... and child rearing and education.Roe v. Wade, 410 U.S. 113 (1973).The difficulty, of course, is that little more is offered by way of explanation of which rights are “personal” or “fundamental” or both. Focusing on marriage makes Roe v. Wade difficult to understand given that Ms. Roe was unmarried, and attending only to family issues does not help us make sense of the Stanley case protecting one's right to view pornography in one's home. It is perhaps more problematic that decisions such as what color shoes to wear are reasonably viewed as personal, yet are far from fundamental enough to warrant protection. And regulations governing the draft and employment, for example, are not viewed as privacy invasions although they might be said to interfere with matters of one's life that are both fundamental and personal in the vague sense described.Before we give up in frustration, however, I would urge that we recall that even in tort law the notion of privacy has been evolving through a constellation of judgments. Although there is no fixed way of using the term which we then proceed to analyze, the concept of privacy has not in those cases been taken to be meaningless or empty. Similarly, there is reason to believe that the scope of a “personal and fundamental” notion of privacy relevant to the constitutional cases can be further delineated through a consideration of cases, especially since it seems to me that in many cases application of the term is clear and unproblematic. A decision to have a vasectomy, for example, can uncontroversially be said to be a personal and fundamental one, and it is in that sense private. We fail to acknowledge the personal significance in an individual's life of forcing or refusing him the operation if we deny that this important sense of privacy is relevant to such a decision merely because an interest in determining for oneself what one ought to do is also at risk.Of course, once it is settled that something is a private matter, it is a separate issue to decide whether or not, in some social context, an invasion of it can be justified. Thus, I would claim, a mandatory sterilization program for male recidivists or for those in a country suffering grave poverty and overpopulation does invade privacy, and the social or legal question is whether or not the invasion can, in the particular circumstances, be justified. Although all will agree that both individual and social interests must be balanced by moral philosophers as well as the courts, in conflicts we will not always agree on the weight to be accorded individual claims.I have not provided a constitutional defense for citing privacy as one right at stake in the constitutional privacy cases. Nor have I attempted to enter the debate about how strictly to interpret the Constitution. But if I am correct, then we can agree there is an important interest in privacy at issue in those cases without merely conflating privacy and autonomy or liberty, and can continue the process of marking out its boundaries. If we reach such agreement, we will have made considerable progress. Moreover, the implications of this view are significant. Current constitutional standards, controversial though they may be, require “strict scrutiny” for cases concerning “fundamental values,” and privacy has been judged to be one such value. Thus these privacy claims have a greater chance of being protected when they conflict with other rights or general interests than they would have if only liberty, or freedom from governmental interference, were involved. (shrink)

During the 1980's and the early 1990's South Africa experienced disturbing political violence of an unprecedented scope, intensity and nature. It was disturbing because it entailed acts of horrifying brutality, notably the ‘necklace' and the massacre, all of this against the background of ‘civilized' and measured com promise and negotiation. It stubbornly continued despite the unbanning of the liberation political organisations, and the holding of ‘free and fair' elections in April 1994. And it was unprecedented in a whole range (...) of ways, but mainly because of the fact that it was intracommunal, or black- on- black, violence. It was the first time that Black political organisations had turned on each other rather than their white oppressors. For our purposes, what is interesting is the range of responses emanating from South African social scientists in explaining this new phenomenon. Historically, explaining Black political violence in South Africa has had a difficult time of it. Starting with Pierre van den Berghe in 1962, predictions of imminent revolution against the apartheid regime have been so regularly and frequently proved wrong, that a whole industry has arisen in explaining quiescence rather than violence. The first cluster of theories spawned by the 1976 schools uprising, as Frank Molteno noted in his 1979 review, were analytically disappointing, if not crudely racist. Subsequent overviews by Manganyi & du Toit in 1990, and Beinart in 1992 have born evidence of considerably greater sophistication.; Manganyi, N & A du Toit, ; Beinart, W ). Nevertheless, as I shall show, most have remained within quite conventional theoretical and structuralist parameters. Many have their roots in the earlier dominant Marxism of the 1970's. In this sense they tend towards structural and class determinism, towards absolutist notions of power, and absolutist moral judgement of both apartheid and the individuals associated, however indirectly, with it. In consequence, Black incumbents of apartheid structures were inevitably depicted as willess and powerless puppets dancing to the tune of omnipotent White masters. In this context, it was wrong to talk of black- on- black violence, since one side of this equation, in reality, represented white interests. Much of this analysis also started from quite easy notions of the origins of violence. In this view it was sufficient to show conflicts of interest, or contra diction, in order to conclude that violence had been adequately explained. Against this background the more hermeneutic contribution by André du Toit to the debate stands out as theoretically innovative, nuanced and bold. This is not to say that it is with out problems. But I do wish to present a picture of a social theorist of considerable imagination and subtletly. Looking back over these theories, it would be tempting to say that the first category of structuralist accounts, should be supplemented with the second category of hermeneutic, accounts. But simply adding theoretically discrepant accounts together is too easy. It is only when the whole notion of structure, employed in the first category, is rethought in post-structuralist form, that an integration of the two elements becomes feasible. This paper follows a Giddensian line in pursuing this reconceptualization. (shrink)

Qaside-i Khamriyya (meaning Wine Eulogy) of sufi poet Ibn-i Fārıḍ, in which he explained divine love through the metaphor of wine, attracted great attention in Islamic world and was translated into Arabic, Persian and Turkish. Scholars such as Davud-i Qayseri (d. 751 AH/1350 AD), Kemal Pashazāde (d. 940 AH/1534 AD), Abdulghani an-Nablusi (d. 1143 AH/1731 AD), Ibn Acibe (d. 1224 AH/1809 AD) explained this eulogy in Arabic, while poets such as Ali b. Shihābiddin al-Hamadāni (d. 786 AH/1385 AD), Molla Cāmi (...) (d. 898 AH/1492 AD), Idris-i Bitlisi (d. 926 AH/1520 AD) wrote commentaries in Persian. On the other hand, authors such as Abdussalam b. Numan b. Khalil (d. 1000 AH/1592 AD [?]), Ismail Anqaravi (d. 1041 AH/1631 AD), Abdulmacid-i Sivasi (d. 1049 AH/1639 AD), Qara Musṭafa Khulūsi (d. 1344 AH/1926 AD), Meḥmed Naẓım (d. 1345 AH/1926 AD) and Ṭahir al-Mavlavi (d. 1371 AH/1951 AD) translated the eulogy into Turkish. One of the authors who translators of this eulogy was Mehmed Said Efendi, sheikh of Uskudar Salimiya Takka, who lived in the 19th century. His work named Ṭarab-angiz (meaning Pleasure-provoking) is a condensed commentary with ornate prose of Qaside-i Khamriyya. In previous studies, Ṭarab-angiz was partly examined, and there was no mention about the identity and personality of the author. In the present research, the life and personality of Meḥmed Said Efendi is explained and the text of his work is examined.Summary: In Turkish literature which developed under the influence of Islam, translations and commentaries have important a place along with original texts. Coming within the sphere of Islam in early 10th century, Turks embarked on translating the texts immediately in order to learn their new religion and to perform its practices and continued to do so since then. Because they lived in the same culture and civilization climate, Turks learned Islam from Persians and were influenced by Persian language. However, adherents of this new religion also made direct translations from Arabic texts. The translations initially were made from religious works, but in time social, cultural and literary works, such as Persian classics and major eulogies of Arabic Literature, were also translated into Turkish by Turkish scholars. Qaside-i Burde by Ka‘b b. Zuheyr’in (d. 24 AH/645 AD), Qaside-i Nūniyye by Ebu’l-Fetḥ Busti’nin (d. 400 AH/1010 AD), Qaside-i Ṭanṭarāniyye by Ṭanṭarāni’nin (d. 485 AH/1092 AD), Qaside-i Münferice by Ibnu’n-Naḥvi’nin (d. 513 AH/1119 AD), Qaside-i Emāli by Ali b. Othman al-Ushi’nin (d. 575 AH/1179 AD) and famous eulogy named Qaside-i Bur’e by Muḥammed b. Said al-Buṣiri’nin (d. 695 AH/1296 AD) were among such works.Qaside-i Khamriyya by sufi poet Ibn-i Fārıḍ (d. 632 AH/1235 AD), also called sultan of minstrels, in which he explained divine love through wine attracted great attention in Islamic world and was translated into many languages and many commentaries were written on it. One of the commentary writers about this eulogy is Meḥmed Said Efendi, a 19th century sufi. His work entitled Ṭarab-angiz is a condensed commentary with ornate prose of Qaside-i Khamriyya.Studies conducted so far has partly dealt with the Ṭarab-angiz and identity and personality of Meḥmed Said Efendi have never been mentioned. Ṣarac mentioned, “It is a printed work but its writer, printing date, and the place was not found on the printed work”, while Yıldırım used the expression of “a work whose writer and production date is not known.” In his Ph. D. thesis entitled Translation and Commentary Tradition in Classical Turkish Literature in Anatolia, Ṣadık Yazar noted that the work belongs to Meḥmed Said, which was later cited by Aqdag. The final statement on this issue was made by İnce in his work entitled Arabic, Persian and Turkish commentaries of Qaside-i Khamriyya by Ibnu’l Fārıḍ. He examined a total of 18 commentaries and stated that no information is available about the life of Meḥmed Said although he mentioned Ṭarab-angiz.The birth date and place of Meḥmed Said Efendi are unknown. He is grandchild of Ali Behjet Efendi (d. 1238 AH/1823 AD), one of sheiks in Salimiya Dervish Lodge in Uskudar and son of Meḥmed Hidāyetullah Efendi (d. 1288 AH/1871 AD). Following the death of his father, Meḥmed Said Efendi himself served as the head dervish of this dervish lodge for 25 years and became a famous figure. He died in 1313 AH/1896 AD and was buried in the cemetery of the Salimiya Dervish Lodge.Meḥmed Said Efendi was the sixth sheikh of Salimiya Dervish Lodge. In many sources, he was mentioned as a venerable, righteous, devoutly religious, virtuous, polite and scholarly man. Meḥmed Said Efendi is thought to be a member of Mavlavi lodge of Naqshbandi Ṭariqa. He had successors such as Naqshi sheikh Uskudari Balabani Ḥasan Ḥusnu Efendi (d. 1347 AH/1928 AD) and Ismail Efendi (d. after 1307 AH/1890 AD). The poet had a commentary named Ṭarab-angiz in prose form and had a quatrain within the praising eulogy of Sheikh Ḥāmil Efendi (d. 1322 AH/1904 AD), head sheikh of Beylerbeyi Bedevi Dervish Lodge.It is clear from the expression, “A work by Meḥmed Said, the Imam of Central Dervish Lodge of Sultan Salim III,” at the beginning of Edition no: 450 in Suleymaniye Library, Pertev Pasha Collection and from the record of “Work: Ṭarab-angiz, Author: Ibnu’l-Fārıḍ, Translator and postscript writer: Meḥmed Said” in Edition no: 7350 of Marmara University Faculty of Theology Library that this work belongs to Sheikh Meḥmed Said Efendi. However, exact production date of this printed work is not known. The work consisted of 28 pages and in some editions a two-page correct-false chart was added.As usual, the work starts with an introduction section with expressions of “By the name of God, the Most Gracious, the Most Merciful,” “Praise be to God,” and “Peace be upon Prophet Moḥammad.” This section also includes a praise for followers of Prophet Moḥammad, “Who made sphere of prophecy an eternal rose garden through the holy light of their enjoyed manners in addition to making the Shari’a candle shined and and converting them to great flowers of service with their strong inspiration torchs.” The commentator then embarked on praising Qaside-i Khamriyya, mentioning that the men of ability became helpless in explaination of beauty, charm and freshness of unique expression richness and refined allegory blossoms of the eulogy and that reaching the shore of rhetoric could be possible through diving into the guided wisdom of sea. In fact, according to commentator, the men of literature should be aware of the difficulty of translating this unique eulogy into Turkish language. However, everyone should dive into the sea of insight as a knowledge diver, collect its share in pearls of utterance and in emeralds of wits, arrange and put them in the string of prose”. Therefore, he wrote the commentary about the eulogy as a service to humanity and as a contribution to his own stock of comfort in the present and afterlife as much as he could, no matter how little it could be, and named it Ṭarab-angiz. Like most commentators of Qaside-i Khamriyya, Meḥmed Said Efendi commented on only about 33 couplets of the eulogy which contained a total of 41 couplets, and did not cover couplets from 23 to 30 in his work. The commentator used couplet-by- couplet translation method and started with praising for Ibn-i Fārıḍ and his couplets. Then, he gives the Arabic originals of the couplets and starts commentary with the expressions such as “couplets of great intuition, imagery couplets, product of couplet, enlightenment of couplet and concept of couplet.” In preface section of the work, the commentator, who usually quoted hadith texts in Arabic and poems, does not use them in his commentary. He only uses some lines of Arabic prayers and a quatrain of Molla Cāmi (d. 898 AH/1492 AD). This is a quatrain rubāi in Persian language meaning that “If you want no sorrow and no grief of the destiny, drink wine in a pub, because swirling of the goblet and worries of the world do not share the same place just as the tune and the sorrow do not coincide.” The lack of touching on the meaning of words, etymological structure and grammar rules in couplets makes it different from others, except the translation of Aḥmed Ṣāfi Bey. (shrink)

In non-causal explanations, some non-causal facts (such as mathematical, modal or metaphysical) are used to explain some physical facts. However, precisely because these explanations abstract away from causal facts, they face two challenges: 1) it is not clear why would one rather than the other non-causal explanantia be relevant for the explanandum; and 2) why would standing in a particular explanatory relation (e.g., “counterfactual dependence”, “constraint”, “entailment”, “constitution”, “grounding”, and so on), and not in some other, be (...) explanatory. I develop an explanatory relevance account which is based on erotetic constraints and show how it addresses these two challenges. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Sound of Two Hands Clapping: The Education of a Tibetan Buddhist MonkChristian P. B. HaskettThe Sound of Two Hands Clapping: The Education of a Tibetan Buddhist Monk. By Georges B. J. Dreyfus. Berkeley: University of California Press, 2003. 445 + xv pp.Georges Dreyfus is a uniquely valuable contributor to the academic study of Tibetan Buddhism. He is the first Westerner to have received the Geshe degree, signifying (...) a thorough mastery of the curriculum of the Geluk (dge lugs) school, and in his latest work, The Sound of Two Hands Clapping, he not only displays the critical acumen produced by that education, but also candidly reveals the personal details of life as a monk in a Buddhist monastic university. This alone should commend this project to the attention of readers seriously interested in Buddhism; however, Dreyfus also gives us a work of scholarship of religion that is exemplary in its capacity to use a single topic as a starting point to explain vast swathes of religion and culture. A brief overview of the chapters precedes my assessment of the book's successes and its importance for Buddhist-Christian studies.The first chapter gives a brief historical overview of Tibetan Buddhism. Those with a passing acquaintance with Tibetan history will find little new information here, but Dreyfus does manage to succinctly and accurately present 1300 years of religious history in a mere fifteen pages. Chapter 2, "Tibetan Monasticism," takes up the context in which most Buddhist scholastic activity occurs, "describing...some of its characteristics and discussing its strengths without hiding its drawbacks" (p.33). Dreyfus moves from a depiction of the Indian precedents and textual foundations of monasticism in general to a discussion of the mass monastic movement in Tibet. His assessment is unsparing but nonjudgmental as he describes monks as tax collectors, ritual actors, priests, and even "punk-monks." In the third chapter "Becoming a Monk," the personal and autobiographical nature of Two Hands Clapping begins to emerge as Dreyfus relates his own personal experience of entering [End Page 192] monastic life interwoven with accounts of both the normative Tibetan standards and the present-day situation of Tibetan monastics. These vivid reports detail the sleep deprivation, poor diet, and rigorous lives of exiled monks, and the genuine affection that those who endure these circumstances feel for one another. This chapter also examines the differing roles of teachers as housemasters, scholastic preceptors, and gurus, and begins introducing several teachers with whom Dreyfus studied. These three chapters comprise the first section, "The Context."Despite the title and cover picture of a debating monk, this book is a study of the full range of scholastic monastic practices. Dreyfus begins his far-ranging comparisons to other religious educational traditions such as yeshivas and medieval European monasticism in the second section, "Tibetan Scholastic Practices." Chapter 4 looks at reading and memorization, considering literacy and education in Tibet first. His discussion of memorization comprises details of memorization practices and a good but not overwhelming discussion of modern psychological theory on memorization and mind. Chapter 5 presents the curriculum followed by Tibetan monks and identifies a key element of scholasticism: commentary. The section on comparative perspective is particularly good, comparing Shi'ite, Christian, and Tibetan models and citing theorists including Foucault and Halbertal to elucidate how commentary is used to create sectarian positions out of shared canonical texts. While the sixth chapter begins by comparing curricula and practices followed by both Ge-luk and non-Ge-luk monasteries, it concludes with a detailed section on the role of scholasticism in the production of authority and orthodox, accounting for the emergence of sectarian divisions within Tibetan Buddhism within a sociopolitical context. This return to the history provided in chapter 1 explains the history of sectarian divisions in Tibet and demonstrates both the centrality and scope of the impact of scholasticism in Tibetan religion. In chapter 7, "Scholasticism and Orality," Dreyfus gives the sort of detailed and nuanced testimony that only a long and careful observer of and participant in Buddhism could. He carefully dissects the role of orality in memorization and recitation on the one hand, and of oral commentary in pedagogy on the... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:JOSEPH MARGOLIS THE LOGIC AND STRUCTURES OF FICTIONAL NARRATIVE The fascination of fiction and narrative is plainly immense, sind current analyses are notably fresh and ingenious. But ifone were to venture a compendious account of die most strategic conceptual claims bearing on those notions, they might well be captured by the following three theses: (i) that fiction and narrative are logically quite distinct, without necessarily excluding one anodier; (ii) (...) that fictional worlds are no worlds at all; they are merely imagined to exist; and (iii) that events, whether actual or imagined, cannot be specified independently of the categories by which we identify them as the events they are, categories subject to change over time. What is intriguing about mese three claims is that they strike the ear as utterly commonplace and obvious. But that is dieir strength. For it would be a great convenience if the relevant puzzles generated by analytic philosophy, hermeneutics, the new narratology, semiotics and the like could be resolved, convincingly, by appeal to die implications of these diree homely trudis. In addition, diey affect one another in a rather complicated way, and, taken joindy, easily expose certain influential false starts. The import of (iii), for example, is notably ignored in die otherwise powerful analysis of narrative afforded by Gérard Genette. Its bearing on (i) utterly undermines the explicit dualism favored by Seymour Chatman, who is clearly influenced by Genette himself. The failure to mark die force of (i) and its analogue regarding poetry is most obvious in I. A. Richards's contrast between poetry and science, the work of the Prague circle, Northrop Frye's Anatomy of Criticism, and such recent speech-act theories of poetry and fiction as those proposed by Richard Ohmann, Monroe Beardsley, and Mary Louise Pratt. The corresponding failure widi respect to (ii) is clear in John Searle's theory of reference and in die ontological claims made by Nicholas Wolterstorff. The connection between (i) and (ii) is muddled most famously by G. E. Moore. These charges suggest die quarrelsome promise of the intended economy. But, as we shall see, they also lead in the direction of a more constructive theory of texts and their interpretation and of die constraints of narrative and style diat affect fiction. 162 Joseph Margolis163 Fiction, we say, differs from reality as well as from legend. But in speaking thus, we betray an understandable confidence that these three kinds of"world"— or, these three worlds — are conceptually well-behaved and open to straightforward demarcation. Once more, we slip altogether too easily between talking about certain worlds and about the narrative accounts by which we do so. What distinguishes fictional reference? we ask, and what is a fictional world? The best way to proceed here is to begin with strong intuitions and to trace dieir systematic consequences in order to test how far they are unassailable — or whether and where they must yield to others that are more accommodating. One particularly promising equivocation is the following. We speak of fictional worlds as possible (but not actual) worlds; but even if what is possible in a fictional world corresponds (in some sense) to what is possible in the actual world, it is not, as such, a possibility of or at the actual world. The "possible worlds" idiom is fundamentally and doubly equivocal. For, a "possible world" signifies either what is merely logically or conceptually compossible, or what (under suitably referential, predicative, causal, and similar constraints) is compossible specifically with respect to the actual world (or some part of it). Certainly, Balzac's La Cousine Bette "presents" an imaginary world that is internally coherent and compossible. One might even say, ignoring its fictive nature, diat such a world — or events very much like those of the story — is compossible with a certain portion of the actual world of nineteenth-century France. But Lewis Carroll's Alice in Wonderfond, though it scrupulously presents a coherent world of compossible events, does not present a world compossible with the actual world. And, on certain views at least, Thomas Mann's The Transposed Heads presents a possible world that is a conceptual impossibility. There is, however, no need to quarrel about particular cases... (shrink)

Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We standardly (...) think that these oaths and contracts give soldiers new moral reasons to fight. Many also think that soldiers who are ordered to fight by legitimate states have moral reasons to obey those orders, just in virtue of their provenance. -/- We generate these reasons through our voluntary decisions—to sign the contract or swear the oath; to form the institutions and give the orders. They are therefore additional moral reasons, on top of the reasons that we have prior to those voluntary decisions. Simply because they are additional, these reasons seem limited in force and scope. In particular, they arguably cannot override pre-existing commitments. For example, if I already have a duty not to kill an innocent person, my promising to breach that duty seems irrelevant to whether doing so is permissible. Similarly for orders issued by legitimate states: the citizens of a legitimate state have pre-existing moral reasons not to kill the innocent; by what alchemy could their state's orders allow combatants to override those reasons? If additional reasons could make prohibited acts permissible, as Sidgwick observed, ‘we could evade any moral obligation by promising not to fulfil it, which is clearly absurd’ (Sidgwick 1981). -/- We might conclude that the contracts soldiers sign, the oaths they take and the orders they receive have weight only when they pertain to acts that soldiers are already allowed to do. Perhaps these additional reasons can require actions that would otherwise be merely permissible, but they cannot license otherwise prohibited actions. If this is right, then it radically limits the relevance of contracts, oaths and authority to the ethics of war, since almost all conflicts involve soldiers breaching some pre-existing moral duties. -/- This is obviously true for soldiers fighting on the unjust side in a war, since almost all the killing they do is unjust. But in all actual wars soldiers on the just side also kill at least some innocent victims, whether as part of an unjust subordinate aim, as ‘collateral damage’, or simply because their adversaries are not sufficiently responsible for unjustified threats to be liable to be killed. If additional reasons cannot make otherwise prohibited acts permissible, then they are practically irrelevant to the ethics of killing in war, at least in this sense: if fighting is impermissible without regard to the contract, oath and authority of their state, then fighting is simply impermissible. -/- This is a tempting conclusion. In this paper, however, I argue that even if it is true at the level of objective permissibility, it is false for subjective permissibility. And since subjective permissibility is where (at least some of) the action is in the ethics of war, this is a significant result. I explain first why additional reasons can make otherwise subjectively prohibited acts permissible, then why just war theorists should care more than they seem to about subjective permissibility. Although I focus throughout on the ethics of war, my arguments generalise to all kinds of additional reasons. (shrink)

Semantics traditionally focuses on linguistic meaning. In recent years, the Super Linguistics movement has tried to broaden the scope of inquiry in various directions, including an extension of semantics to talk about the meaning of pictures. There are close similarities between the interpretation of language and of pictures. Most fundamentally, pictures, like utterances, can be either true or false of a given state of affairs, and hence both express propositions (Zimmermann, 2016; Greenberg, 2013; Abusch, 2015). Moreover, sequences of (...) pictures, like sequences of utterances, can be used to tell stories. Wordless picture books, comics, and film are cases in point. In this paper I pick up the project of providing a dynamic semantic account of pictorial story-telling, started by Abusch (2012) and continued by Abusch & Rooth (2017); Maier & Bimpikou (2019); Fernando (2020). More specifically, I propose here a semantics of speech and thought bubbles by adding event reference to PicDRT. To get there I first review the projection-based semantics for pictures (section 1), noting the fundamental distinction between symbolic and iconic meaning that makes speech bubbles especially interesting (section 2). I then review the dynamic PicDRT framework for pictorial narratives (section 3), add events (section 4), and propose an account of speech bubbles as quotational event modification (section 5). I end with a brief look at other conventional, symbolic enrichments in comics (section 6). (shrink)

Extant literature suggested that executive cognitive ability is a critical perspective to answering why and how enterprises perform business model innovation. However, the effect of executive cognitive ability on business model innovation is still insufficiently explored. Drawing on entrepreneurial bricolage theory, we developed a moderated mediation model which takes entrepreneurial bricolage as the mediating mechanism and environmental dynamics as the moderating mechanism to explain how executive cognitive ability influences business model innovation. We collected the data of 316 executives of Chinese (...) start-ups through questionnaires for the model test. Results showed that new venture executives' cognitive ability significantly positively affects business model innovation by mediating with entrepreneurial bricolage. Environmental dynamism positively moderates the effect of executives' cognitive ability on business model innovation. Moreover, environmental dynamism positively moderates the mediating role of entrepreneurial bricolage in executive cognitive ability and business model innovation. This study broadens the research scope of entrepreneurial bricolage theory from the perspective of cognitive ability and provides ideas for new ventures' business model innovation. (shrink)

A puzzle about false judgement is raised in the Theaetetus (187d-200c), but not successfully answered there. On the proposed account, the confusion that explicitly vitiates Theaetetus’ final attempt to define knowledge is already at work implicitly in this puzzle. Theaetetus shares popular assumptions about knowledge (epistēmē), but also accepts that there are cognitive constraints on judgement (doxa): the puzzle arises because he fails to distinguish the one cognitive condition from the other.

The concept of innovation defines our age. It fuels the global economy, promises a sustainable future, and stands at the heart of our interconnected society. On the one hand, the concept of innovation is widely presupposed in terms of the commercial value it generates. As claimed in the tradition of economic analysis, innovation is characterized by its competitive dynamics and primarily directed at developing marketable products and services. On the other hand, the reality of today’s global issues, such as (...) climate change and food security, urges innovation to generate societal value beyond mainstream economic incentive. To this end, the EU policy discourse has paved the way for Responsible Innovation. The core idea here is to steer innovation processes towards societally desirable outcomes, specifically in response to the ‘grand challenges’ of our time. Under the sway of ‘science with and for society’, the hypothesis is that innovation can only respond to the needs and ambitions of society by including all its actors throughout the process. However, while much effort is dedicated to governing innovation, little thought goes to what innovation itself means conceptually. What understanding of innovation underpins the framework of RI? What implications, if any, does this have for the ambition to achieve RI? These are important questions to raise as they enable critical reflection on the relation between responsibility and innovation, broadly speaking. Does the ‘R’ in RI entail an application of ethical keys to an already existing concept of innovation, or does it require us to rethink the concept of innovation altogether? After providing a general introduction in chapter 1 on the context of the dissertation and its main research objectives, chapter 2 shows how RI emerged from a longer history of efforts to incorporate ethical dimensions in new and emerging technologies, such as Technology Assessment and Science and Technology Studies. While similar to its precursors in prioritizing ethical concerns, RI clearly distinguishes itself by shifting from an ethics of constraints to an ethics of construction. The chapter continues to show that such an approach comes with an epistemic challenge, a political challenge, and a conceptual challenge. Through an extensive analysis of policy documents and academic literature, chapter 3 breaks open the concept of innovation in the RI discourse. Firstly, it demonstrates that the RI discourse tends to presuppose a techno-economic concept of innovation, as coined by the terms ‘technological innovation’ and ‘commercialized innovation’. Secondly, it provides a historical analysis to show that the concept of innovation was originally politically oriented and had little to do with the way in which it is commonly understood today. Thirdly, it discusses the implications of a techno-economic concept of innovation for achieving the ideal of RI and brings into question whether the political origins of innovation may inspire an alternative route. Chapter 4 engages with the philosophy of technology to assess the feasibility of RI at both an ontic and ontological level. While innovation at the ontic level refers to concrete innovative artefacts, innovation at the ontological level refers to the mode through which these artefacts are seen, understood, and created. At the ontic level, RI is shown to play a significant role in steering emerging technologies towards societally desirable outcomes. Even so, at the ontological level, the question is whether the ideal of RI is feasible insofar its scope is limited to governing a techno-economic concept of innovation. Parallel to Martin Heidegger’s view of technology as Enframing, this chapter denotes that in trying to govern a techno-economic concept of innovation, the RI discourse remains subject to its dominance. This in turn explains why, at the operational level, RI is often employed for mere strategic and instrumental purposes, while falling short on its promoted ambitions. Chapter 5 articulates an orientation shift from a techno-economic concept of innovation towards a political concept of innovation in the RI discourse. To this end, the chapter distinguishes between weak RI, which seeks to govern a techno-economic concept of innovation through an applied set of ethical dimensions; and strong RI, which seeks to conceive a political concept of innovation beyond techno-economic ideology and practice. Inspired by the work of Hannah Arendt, the chapter establishes a political concept of innovation that actualizes the human capacity for speech and action, inspires radical novelty, and empowers the public sphere. In doing so, the chapter concludes that strong RI is principally a plural undertaking which guards individual opinion from collective opinion; enables a physical and symbolic openness that genuinely activates citizenry; and stimulates performative speech. The final chapter, chapter 6, briefly recaps the main research objectives and takes stock of the insights gained. It concludes that the contribution of this dissertation does not reside in the concern with the techno-economic ideology of innovation as such – a concern which RI in fact already expressed when it first emerged – but more so in the ontological critique to the idea that this ideology can somehow be overpowered through governance and regulation. The rehabilitation of an ontological dimension in RI in turn provides a new perspective to the philosophy of technology, which over the years has taken a course away from ontological viewpoints. Moreover, the chapter elaborates on how a political concept of innovation adds depth to the foundational claims of RI. Based on these conclusions, the chapter reflects on a range of broader insights, particularly in relation to the philosophy of innovation and the ethics of socially disruptive technologies. In sum, this dissertation politicizes the RI discourse precisely in the way it was originally envisioned, that is, through conceptualizing innovation as a fundamentally political matter. In this view, politics is not merely an extension of RI but is itself the condition of RI; it is what enables innovation to genuinely serve the public good. (shrink)

Abstract:Ratnākaraśānti (ca. 970–1040) holds three conflicting positions: luminosity (prakāśa) is the ultimately real nature of consciousness; luminosity and appearances (ākāras) are identical; and appearances are false (alīka) because they are targeted by the neither-one-nor-many argument. But why is luminosity not false, too, given its identity with appearances? In response to this worry, Ratnākaraśānti develops a notion of identity (tādātmya) that lets him claim that, although luminosity and appearance are composed of the same stuff, they are not identical in (...) every respect. On the basis of this, he limits the scope of the neither-one-nor-many argument such that it targets appearances but not luminosity. Other philosophers (and possibly Ratnākaraśānti himself) then further limit the argument's scope, showing that it also does not target experiences of pleasure (sukha) and, crucially for their buddhology, the innate bliss (sahajānanda) that characterizes the experience of buddhahood. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Intention and Wrongdoing: A Defense of the Principle of Double Effect by Joshua StuchlikMichael J. DegnanSTUCHLIK, Joshua. Intention and Wrongdoing: A Defense of the Principle of Double Effect. Cambridge: Cambridge University Press, 2021. xvi + 220 pp. Cloth, $99.99In this book Joshua Stuchlik vigorously defends the principle of double effect (PDE), which states, "There is a strict moral constraint against bringing about serious evil (harm) to an (...) innocent person intentionally, but it is permissible in a wider range of circumstances to act in a way that brings about serious evil incidentally, as a foreseen but non-intended side effect." After defining the terms of the principle and considering an intuitive case-based defense, he supports its truth based on a standard of solidarity. Since the PDE requires the distinction between intended consequences and nonintended side effects, he explains Elizabeth Anscombe's theory of intention, which supports the distinction's moral significance. He uses her theory to treat the closeness problem, the irrelevance of intention critique, and a challenge from Joshua Greene's empirical moral psychology that purports to undermine deontological constraints on causing harm.I present Stuchlik's grounding for the PDE followed by an uncontroversial example of its application. After this I consider two important objections to the PDE that Stuchlik critiques: the closeness problem and James Rachels's argument that intentions are irrelevant to judging the moral permissibility of actions. I conclude by examining Stuchlik's treatment of these challenges.Stuchlik interprets the PDE's very strict constraint against intentional killing or seriously harming the innocent as a near absolute prohibition, for he believes innocent persons are not suitable recipients of intentional harm. He grounds this constraint on the principle of solidarity. Being in solidarity with another is possessing concern for that other's sake. The ground for this concern is a shared human nature that enables members to think of themselves as making a "we." Human nature consists in the structured potentialities for knowing and freely choosing. Evidence of these rational potentialities is the human orientation toward the transcendent values of truth and goodness. Such embodied potentialities have inviolable worth.The scenarios of the precision bomber and the terror bomber illustrate the moral significance of the intended harm versus the nonintended but foreseen harm that Stuchlik adopts from Elizabeth Anscombe's action theory. Each bombers' goal is to help his country win a just war. The precision bomber pursues that goal by targeting a munitions factory. Though he foresees that many noncombatants will be killed or seriously [End Page 367] injured from the bomb, he does not necessarily intend these harms. By contrast, the terror bomber targets a civilian center necessarily intending harm for noncombatants. The PDE rules out his conduct.Anscombe's account of intention can lead to the problem of closeness in which the content of an intention is sufficiently fine-grained that an agent need not intend harm in almost any situation. Stuchlik illustrates the problem with Alexander Pruss's zookeeper scenario.An eccentric literalistic but always truthful magnate tells Sam he will donate to famine relief saving a hundred lives if and only if Sam follows his directions to the iota. Sam is to purchase a gun, sneak at night into a zoo owned by the magnate and kill the first mammal he sees. Sam sneaks into the zoo, sees a mammal in the distance, and forms the intention to shoot it. Then he notices that the mammal is human but shoots nonetheless on utilitarian grounds.In this case applying the PDE shows that Sam is simply intending that a mammal be killed. The fact that the mammal is a human is irrelevant, according to Anscombe's action theory.Stuchlik's response clarifies the scope of intention in the PDE. As stated above, the intention's content includes seriously harming an innocent human. However, if the intention ranges only over an intention to bring about an effect, E, and it turns out that E is a serious harm for an innocent human being, then applying the principle shows that Sam's action is wrong. The intended effect of killing the mammal is, as a matter of fact, an... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:From Metaphysical Representations to Aesthetic Life: Toward the Encounter with the Other in the Perspective of Daoism by Massimiliano LacertosaRenjie Li (bio)From Metaphysical Representations to Aesthetic Life: Toward the Encounter with the Other in the Perspective of Daoism. By Massimiliano Lacertosa. Albany: SUNY Press, 2023. Pp. 220, Paperback $34.95, isbn 978-1-4384-9364-0.The title of Massimiliano Lacertosa's From Metaphysical Representations to Aesthetic Life: Toward the Encounter with the (...) Other in the Perspective of Daoism clearly points to a comparison between "Metaphysical Representations" and the "Aesthetic Life," or even to a juxtaposition between two different philosophical traditions, namely, the Western and the Chinese or, more specifically, the Platonic-Cartesian and the Daoist. Attempting to reflect on philosophy per se, the author takes Daoism to be the Other that transcends Western philosophical categories. Reiterating an oft-expressed concern, Lacertosa argues that interpretations of Chinese thinking confined to Western frameworks are detrimental for a broader understanding of what philosophy can be, and are ultimately, on the part of the West, merely self-repetition. Drawing on the philosophies of Nietzsche and Heidegger, and key passages from the Daodejing 道德經 (or Laozi 老子) and the Zhuangzi 莊子, Lacertosa unpacks Western philosophy's self-reflection, and reevaluates the conceptual framework of thinking between East and West as more than a mere juxtaposition. The book consists of an introduction, five chapters, and a concise conclusion.The Introduction first clarifies the use of some key terms. For any discussion of "philosophy," the author argues, addressing what is "ethics" and "aesthetics" is a good starting point. Ethics, in Lacertosa's work, is not merely restricted to a domain of moral values. Drawing on Aristotle's understanding in the Nicomachean Ethics, the author emphasizes that ethics derives from the word ēthos (ἦθος), meaning "habit" or "custom." Resorting to Michel Foucault, Lacertosa considers the meaning of "ethics" (i.e., ēthos) as a "way of being," a certain way of acting that corresponds to one's environment (pp. 1-2). Moreover, as the author explains, "aesthetics" in his philosophical analysis distances itself from Kant's analysis of the subjective power of judgment and historical debates on theories of beauty. For Lacertosa, aesthetics means sense perception or, more specifically, an aesthetic gesture towards nature. The main concern of the book is thus to identify the relationship between ethical implications and aesthetic awareness beyond Western traditions (pp. 3-4). The Introduction closes with critical remarks on current comparative practices. Existing comparative analyses, [End Page 1] the author argues, between Western onto-theological thinking and Lao-Zhuang (i.e., Daoist) aesthetic approaches, remain highly limited and questionable due to their reliance on anthropocentric and teleological views imported from Western traditions (pp. 7-8).Chapter 1 begins by pointing out a crucial problem in comparative studies, namely, the language barrier. Lacertosa argues that translation inevitably involves misunderstandings since the meanings of concepts are deeply rooted in their native cultures. The author then goes on to show the difficulty of seeking a symmetrical translation between Indo-European languages and the Chinese language by looking at three key Daoist terms: you 有, wu 無, and dao 道. Translating them as "Being", "Non-Being", and "the Dao" respectively is, according to the author, merely self-repetition that subordinates Chinese thinking to Western metaphysics. Lacertosa suggests that dao in particular is better appreciated if understood as a process of becoming, which is also a constant process of forming and un-forming (p. 27). The implication is that any new translation or interpretation requires adequate affirmation of the otherness of other languages.Chapter 2 then turns to the more general issue of how interpretation through language shapes the way we perceive the world, as language is the most significant way to represent reality, consequently forming what Lacertosa emphasizes: one's "worldview" (p. 31). With reference to Heidegger's ontological difference, the author asserts that the worldview, or the psychology of worldviews, is ontic, since it presents itself as a specific or certain interpretation of the world, which can never be conceived as a universal ontology that considers all possibilities. This objectification of the world implies the separation of the subject and the object, because this objectification is always the... (shrink)

In this paper, I examine P. F. Strawson's "Freedom and Resentment" [6] in an effort to clarify the essential features of attitudes that Strawson believes may be understood as reactive. I propose a definition of the reactive attitudes that outlines the various conditions that must be met in order to give rise to a given reactive attitude. I then expand upon Strawson's work by introducing two additional categories of reactive attitudes: self-reflexive reactive attitudes and second-personal reflexive reactive attitudes. In addition (...) to explaining the new categories of reactive attitudes that I seek to introduce, I also set forth reasons that lead me to accept such attitudes as reactive. Finally, I outline why I believe the self-reflexive reactive attitudes provide the foundation upon which all the other reactive attitudes rest. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Flight of DesireThe Conversion of Sherman AlexieScott Richard Lyons (bio)Sherman Alexie's audacious arrival onto the Native American literary scene in the early 1990s felt like the start of something new—but it was also the end of something old: namely, the Native American Renaissance (NAR).1 Younger by a generation than the graying canonized figures of preceding decades—N. Scott Momaday, James Welch, Leslie Marmon Silko, Gerald Vizenor, among others—Alexie assumed the (...) pose of an enfant terrible and suggested that his elders were trying a bit too hard to produce an ultimately inauthentic sense of traditionalism. "We've been stuck in place since House Made of Dawn," he complained to an interviewer in 1997.2 Rather than presenting his readers with sick and/or depressed Indians caught between two worlds who discover healing in cultural restoration—the dominant plotline of NAR novels—Alexie's innovative characters played basketball and blues guitar, obsessed about their crushes and classes, and worried more about fitting into the modern world than healing it with some spiritual return to ancient Indian wisdom. Stylistically and thematically, Alexie was always closer to the likes of a George Saunders or Junot Diaz than he was to the serious modernists who had [End Page 27] inspired his NAR predecessors, and his political outlook more closely resembled the "identity politics" of younger Indian academics than the "sovereignty" discourses of twentieth-century tribal councils. Alexie wielded humor and pathos to great effect and always seemed to have his finger on the pulse of newer audiences, including those of us who call Indian reservations home. Alexie's influence on everyday Native American culture has been underestimated.Born to Salish parents in 1966 and raised on and off an eastern Washing-ton reservation, Alexie has published (as of this writing) twenty-six books of poetry, fiction, and memoir, much of which has been lauded for its dark humor and tender compassion in the face of serious and challenging topics—sexual abuse, chemical addiction, parental abandonment—as well as for its "reservation realism": the sense, often reiterated by Alexie himself, that his work speaks more authentically to real Indian life than most Native American works. His first published fiction was a collection of short stories, The Lone Ranger and Tonto Fistfight in Heaven (1993), followed two years later by his first novel, Reservation Blues (1995). In 1996 Alexie published his second novel, Indian Killer, which moved in a different, darker direction. Departing reservation settings for the city of Seattle and supplanting his humor with a horror sensibility, Indian Killer is about a serial murderer who scalps his white male victims and the subsequent racial tensions that arise. In keeping with Alexie's identity politics, a significant theme of the novel is "ethnic fraud"—the claiming of false Indian identity by non-Indians—a topic that received serious treatment during the 1990s and that supplies another layer of meaning to the novel's title.3 But Indian Killer is primarily about the murder of white men, and the most that anyone could say about the moral questions it raises is that Alexie seems to have left them for the reader to decide. Arnold Krupat decided to call Indian Killer a "warning to whites."4 A decade later, Alexie published two short books, each having a foothold in the lucrative young adult (YA) genre: The Absolutely True Diary of a Part-Time Indian (2007) and Flight (2007). The former was immensely successful, critically and commercially, while the latter has barely been written about at all and has not sold as well. What explains this difference? Is True Diary simply a better book than Flight?Whenever we identify some literary text as good, great, better—or worse—than some other texts, we are obliged to answer the big, implicit question: What makes literature good? For René Girard, the answer to that question was simple: Great literature always announces the "novelistic [romanesque] truth," not the "romantic [romantique] lie" about the mediation of mimetic desire.5 The truth is that our desires are never just our own. We always imitate the desires of others, which leads to mimetic rivalry with those same models, who... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Scientism, Certitude, and the Recovery of PoliticsChristopher Justin Brophy O.P.In Natural Law and Human Rights, Pierre Manent begins his analysis of the contemporary political situation by discussing the intractable tension between the relativism surrounding moral action and the absolutism surrounding "human rights." Later, drawing heavily from Aristotle's Politics, Manent discusses the necessity of a command-obey structure to resolve the tension such that human beings can fruitfully engage in political (...) life. These two claims, one about the tension between relativism and absolutism and the other about the command-obey structure, are closely linked. If it is true that human beings have an innate need for authority, then it is also the case that the extreme abuses of that need, as they manifest themselves in the political realm, will be either wholesale embrace of such authority (absolutism) or wholesale rejection (relativism). We should be clear that the authority Manent discusses is not arbitrary or autocratic exercise of power, but a legitimate authority towards which citizens can offer rational assent. But any human need or desire can be abused and knowledge of the abuses is necessary to understand the proper object.It is the contention of this piece that Manent, in his explication of command-obey, wrote better than he knew. Manent authored his text before the COVID-19 pandemic. Yet, his analysis provides some of the best explanatory power for understanding the politics surrounding COVID. This politics has significance that transcends the particular crisis of the pandemic and merits serious attention. Specifically, Manent's analysis of the human need for a command-obey structure both offers an explanation for the concurrent tension between relativism and absolutism, at least as it pertains to the relationship between science and politics, and gives explanatory [End Page 239] power for the rise of scientism in contemporary society. The widespread conception that the natural sciences have the potential to answer questions that reside out of their proper purviews leads to abuses of authority in both directions, by both sides—the political left and political right. I will flesh out my argument first by showing the usefulness of Manent's analysis for explaining how easily so many in the United States fall prey to a false conception of "science" that undermines a healthy politics and reveals, at root, a dangerous aversion to ambiguity. I will then explain the implications of the elevation of scientism for the relationship between politics and Christianity. I will conclude with some reflections on the common good and the future of politics in the United States given Manent's important observations. I anticipate that a common criticism of Manent's book will be that it lacks clear prescriptions for the political problems that ail us. I will argue that clear prescriptions cannot follow from the logic of Manent's argument, and ultimately that the lack of prescription is one of the strengths of the book.Before I begin, I wish to make two qualifications. First, Manent's argument ultimately is about the (un)tenability of liberalism without some common conception of the good. He treats several moral and political problems in his book that fall outside of the scope of this short paper. I am not attempting in the analysis that follows to reduce the moral scope of Manent's claims or even to take up the mantle of his argument. I simply wish to show how his analysis is helpful in explaining a contemporary political problem and how the implications of this analysis should affect the way Christians think about political practice in the United States. Second, I want to make clear at the outset that I positively wish to avoid a discussion about the various policies enacted as responses to COVID-19. I also want to avoid any cavalier political discussion of COVID that does not sufficiently respect the over one million persons (given the latest CDC tally) who have lost their lives in this country and the hardships that many more have endured due to the pandemic. It is essential for our purposes here though to treat the political significance of the pandemic. I will attempt to do that now.The Appeal of ScientismNumerous thinkers... (shrink)

Freedom is among the central values in political philosophy. Freedom also features heavily in normative arguments in ethics, politics, and law. Yet different sides often invoke freedom to establish very different conclusions. Some argue that freedom imposes strict constraints on state power. For example, when promoting public health, there is a limit on how far the state can interfere with individual freedom. Others, in contrast, argue that freedom is not just a constraint but also an important goal of state (...) power and collective action. Good public health policy, for example, promotes people’s freedom. Of course, different arguments often draw on different theories of freedom. So, to evaluate such arguments, we need to analyze these different theories and their implications and assess their plausibility. -/- The broadly liberal tradition views freedom as being about external options. Such theories typically start with an account of when someone has a specific freedom or unfreedom to do something. For example, some argue that only a narrow set of interpersonal interferences count as constraints on freedom. Others argue that a far broader set of factors, including ill health and natural constraints, can reduce one’s freedom. -/- Since the 1980s and 1990s, scholarship has increasingly recognized that to use liberal freedom in normative arguments, one must move beyond specific freedom and unfreedom. Most laws and policies both subtract and add specific freedoms. What matters is how a person’s freedom is affected overall. Philosophers and economists have thus engaged in intricate debates about how to measure overall freedom. Moreover, policies and law affect not only one person at one point in time but also multiple persons across time. So, liberal freedom-based arguments also require distributive criteria for intertemporal and interpersonal distributions of freedom. -/- In the early 21st century, republicanism has developed into a prominent alternative to liberal theories. Republicans argue that being a free person is not just, or not even primarily, about liberal option-freedom. Freedom requires being free from dominating power. Republicans and liberals have engaged in a lively debate on who offers the better theory. In developing the republican ideal, republicans also engage in intramural debates. For example, is domination primarily an interpersonal or structural phenomenon? And what economic institutions does republicanism imply? -/- Theorizing around freedom has become richer and moved from narrower questions regarding specific freedom and unfreedom to overall freedom and to republican theories of nondomination. But recent theorizing also seeks to extend its focus and scope. Historically, theorizing started with the freedom of able-bodied male citizens within nation states. Recent theorizing shifts the focus to include issues around gender, disability, freedom at the international level, and the freedom of nonhuman animals and future generations. Beyond fascinating implications of existing theories, a more inclusive focus is likely to also yield important lessons on how current theories can be improved. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

The thesis deals with a section of the major philosophical summa by Avicenna (Ibn Sīnā, d. 1037), namely the Book of the Healing (Kitāb al-Šifāʾ). The summa is structured into four parts, devoted to Logic, Natural Philosophy, Mathematics and Metaphysics; the section at stake is Avicenna’s reworking of Porphyry’s Isagoge (Kitāb al-Madḫal, i.e. “Book of the Introduction”) opening the section of Logic of the Šifāʾ. The thesis is articulated into three main parts, namely (i) an edition of the Arabic text (...) of Avicenna’s Madḫal, (ii) an English translation and (iii) a systematic commentary; these three main parts are preceded by an Introduction (0) divided into two halves: (0a) a General Introduction focused on the doctrinal major innovations of the work and (0b) an Introduction to the Edition of the text, which offers a first comprehensive study of its direct and early indirect tradition and explains the criteria of the edition. (i) The only previous edition of Avicenna’s Madḫal was the one printed in Cairo in 1952 (then reprinted in Tehran in 1983 and in Beirut in 1993), based on ten manuscripts. The huge manuscript tradition of Avicenna’s Madḫal – and, more in general, of Avicenna’s Book of the Healing – is still a matter of investigation. According to the provisional results of the bibliographical research conducted in the present work, it can be estimated that the manuscript tradition of the Madḫal amounts to at least 119 certain witnesses and 14 possible additional witnesses (as explained in the Introduction to the edition, 0b). The text of the Cairo edition, far from being representative of the whole textual tradition, was reconstructed on the basis of ten manuscripts that were not selected on the basis of philological criteria and whose reciprocal stemmatic relations were not clear. Although a critical edition based on all the 119 certain witnesses of the work exceeds the scope of the present work, the edition provided in the thesis takes into account a larger number of manuscripts than the Cairo edition did and, most importantly, selects them by means of a preliminary collation made on portions of the text. The purpose of this preliminary collation is making the selection of the manuscripts employed less arbitrary and providing a reconstruction of their stemmatic relations (in the Introduction, 0b). Overall, 32 manuscripts among the 68 inspected were employed in the edition here proposed, 21 of which were systematically collated and 11 were eliminated as codices descripti. The present edition also assumes as a witness the twelfth-century Latin translation of the work, which is, at the present moment, among the earliest extant witnesses of the text. Hopefully, this editorial work allowed us to improve the text of the Cairo edition in a number of points that are crucial to the correct understanding of Avicenna’s argumentation. (ii) As this project started, complete translations of Avicenna’s Madḫal in modern languages were only available in Turkish and Russian. Chapters of the work had also been translated in other languages, but an English translation of the whole work was still a desideratum. A complete English translation is provided in the thesis, based on the newly-established Arabic text of the work and aiming at preserving the major possible consistency in rendering the relevant philosophical terms. As a complement to the translation, an apparatus of notes is offered to facilitate the immediate understanding of the text. (iii) The third section of the thesis consists in a systematic commentary on Avicenna’s Madḫal, which is meant to support a deeper understanding of the text in its entirety. The commentary deals with both historical and philosophical aspects; more in detail, it includes an analysis and an identification, when possible, of Avicenna’s sources, and underlines the points of major philosophical interest of the work, which are dealt in a more comprehensive manner in the General Introduction (0a). (shrink)

In this paper, I will argue that automated vehicles should not swerve to avoid a person or vehicle in its path, unless they can do so without imposing risks onto others. I will argue that this is the conclusion that we should reach even if we start by assuming that we should divert the trolley in the standard trolley case. In defence of this claim, I appeal to the distribution of moral and legal responsibilities, highlighting the importance of safe spaces, (...) and arguing in favour of constraints on what can be done to minimise casualties. My arguments draw on the methodology associated with the trolley problem. As such, this paper also defends this methodology, highlighting a number of ways in which authors misunderstand and misrepresent the trolley problem. For example, the ‘trolley problem’ is not the ‘name given by philosophers to classic examples of unavoidable crash scenarios, historically involving runaway trolleys’, as Millar suggests, and trolley cases should not be compared with ‘model building in the sciences’, as Gogoll and Müller suggest. Trolley cases have more in common with lab experiments than model building, and the problem referred to in the trolley problem is not the problem of deciding what to do in any one case. Rather, it refers to the problem of explaining what appear to be conflicting intuitions when we consider two cases together. The problem, for example, could be: how do we justify the claim that automated vehicles should not swerve even if we accept the claim that we should divert the trolley in an apparently similar trolley case? (shrink)

In our everyday psychologising, emotions figure large. When we are trying to explain and predict what a person says and does, that person’s emotions are very much among the objects of our thoughts. Despite this, emotions do not figure large in our philosophical reconstruction of everyday psychological practice—in philosophical accounts of the rational production and control of behaviour. Barry Smith has noted this point: We frequently mention people’s emotional sates when assessing how they behave, when trying to understand why they (...) say and do the things they say and do, and when deciding how to deal with them. A large part of our awareness of others and our ability to make sense of them depends on their emotional make-up and our appreciation of how this affects their thoughts and actions. All of this is missing from the standard accounts of folk psychology, and the key question is why? (2002, 111-2). Before beginning to answer to Smith’s question, I want to say more to characterise the approach in philosophical psychology which he is questioning. There are many detailed philosophical accounts of the rational production and control of behaviour. My aim here isn’t to examine these details, but to characterise a certain species of philosophical psychology—one which holds that one can explain the rational production and control of behaviour in terms of a narrow set of mental state types: belief, desire (and perhaps a few others: perception or intention). Hence my label for this species: ‘Humean psychology’. The orthodox Humean view is that rational agency can be explained adequately by appeal to the agent’s beliefs and desires. So, to borrow an example from Davidson (1978), we can explain a person’s adding salt to the stew by citing her desire that the will stew taste better and her belief that if.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Gregory Currie TEXT WITHOUT CONTEXT: SOME ERRORS OF STANLEY FISH "Intuition told him that the vast ineptitude of the venture would serve as proof that no fraud was afoot." —Jorge Luis Borges, "Tom Castro, the Implausible Imposter," in A Universal History ofInfamy There are those of us who seek unity, universality, patterns of invariance in any diverse multitude of particulars. With the interpretation of texts, the diversity is evident, (...) the unity, universality and invariance less so. Still, we have the text itself, a sequence of determinately meaningful signs, independent of, and a constraint on, the activities of interpreters. We universalists might want more than that, but it's a start. It's a start some people are not prepared to give us. Stanley Fish is one of them. According to him we are looking for something which does not exist, and which we do not need. I shall argue that Fish is wrong on both counts. According to Stanley Fish, there are no constraints on interpretation that transcend particular, local interpretive communities. Indeed, there is no truth or validity that is community transcendent, no standard of lightness, proof or confirmation that has any warrant other than community approval. Intellectual ascendency is always ultimately a matter of rhetorical power, and the locus of power shifts as the norms of the community change. Yet we need not worry that this implies any dangerous kind ofrelativism or subjectivism. Each ofus is deeply immersed Philosophy and Literature, © 1991, 15: 212-228 Gregory Currie213 in his or her own community. Our thoughts, intentions, and actions gain their very identity from the structure of public, communitarian relations we enter into, and the community imposes on us a tight structure of norms and intellectual options that "situate" us (a favored word in the Fish vocabulary) in such a way that it is always clear what interpretive move is appropriate.1 Fish is no epistemological anarchist in the style of Feyerabend: it is not the case, for him, that "anything goes." There is always a clear distinction between what goes and what does not; it is just that the rules, the structure, the hierarchy of options are not invariant across time or communities.2 Now we do it like this, tomorrow we may do it like that; we do it this way, they do it that way. Wherever you are, the rules are always clear, but the rules depend on where you are. I shall call this thesis "internalism." It bears some resemblance to views of the later Wittgenstein, and rather closely parallels Thomas Kuhn's theory of scientific paradigms. It has a negative and a positive aspect. The negative aspect is that community-specific constraints on interpretation are all we have. The positive aspect is that they are all we need. Is internalism correct? I say it is not. I say that the positive claim is false, because internal constraints alone can never answer the relativist's challenge, when that challenge is properly understood; more about that in a moment. But this merely serves to highlight the importance of the negative thesis: if that is correct then relativism carries the day. So my primary concern here is with the negative thesis. Fish's main argument for the negative thesis is that what seems to most of us to be an obvious external constraint on interpretation—the literal meaning of the text in question—is no such thing. And he bases this claim on some arguments which purport to show that there L· no such thing as literal meaning. So my aim, it emerges at last, is to defend the idea of literal meaning. But first, I shall say something about the question of relativism. II Fish's answer to relativism, it will be remembered, is that interpretive communities constrain the interpretive choices of their members in such away that there can always be seen tobe nonarbitrary ways ofproceeding when it comes to formulating and choosing between interpretive hypotheses. This claim, the positive claim of Fish's internalism, raises two questions: Is Fish right, as a matter of fact, about the ways in which interpretive, and more generally intellectual communities constrain the 214Philosophy and Literature thoughts and actions... (shrink)

Crafted within a knowledge-first epistemological framework, Mona Simion’s engaging and wide-ranging work ensures that both the Knowledge Norm of Assertion (KNA) and Classical Invariantism (CI) can be part of a viable and productive research program.Dissatisfied with current strategies on offer in the literature, she successfully counters objections to the pair sourced in “shiftiness intuitions”—intuitions that seem to indicate that mere changes in practical context can impact the propriety of assertions and knowledge attributions. For example, in Keith DeRose’s famous pair of (...) low stakes versus high stakes bank cases, the consequences of Keith’s acting on The bank is open on Saturday if it were false change from trivial in low stakes to catastrophic in high stakes. We are to suppose that the proposition is true, and that Keith has access to the same quantity and quality of evidence for it in both cases. In low stakes, but not in high stakes, we are inclined to think that Keith can appropriately assert to his inquiring wife “The bank is open on Saturday.” In low stakes, Keith’s knowledge ascription “I know that the bank is open on Saturday” strikes us as aptly asserted and true. In high stakes only a knowledge denial on Keith’s part strikes us as aptly asserted and true.If we want to hang on to KNA, it looks like we will have to abandon CI and concede that ‘knows’ or knowledge is sensitive to changes in practical considerations. If we want to retain CI, we can try to say that, while Keith does still know that the bank is open on Saturday in high stakes, he does not have sufficient warrant to properly assert that it is. But such a move seems to run counter to KNA. We appear to be stuck in the Shiftiness Dilemma.Keen to get us out of the dilemma and to preserve the idea that epistemically good thinking and asserting are independent of practical concerns, Simion suggests a strategy that can also be used to protect other epistemic speech-act norms and notions from similar threats of practical shiftiness. She notes that having an impact on the degree of epistemic warrant required is not enough to make a norm an epistemic one. Fair enough. If I am given strong practical reason (a million dollars, or a gun to the head) not to adopt full belief until I have gathered more evidence, there is potentially some nonepistemic norm at work in the demand for further evidence. So it is a live possibility (indeed, a plausible one, as Simion would say) that our intuitions in the Shiftiness Dilemma are being misdescribed: they are tracking all-things-considered propriety of assertion, not epistemic propriety. In high stakes, practical norms override the epistemic norm KNA. Keith’s asserting “The bank is open on Saturday” would be epistemically proper but all-things-considered improper.Simion backs up her account with an etiological-function origin story and typology for the norms of assertion. Here is her characterization of etiological function for traits, artifacts, and actions. E-function.A token of type T has the e-function of type B of producing effect E in a system S iff (1) tokens of T produced E in the past, (2) producing E resulted in benefit of type B in S/S’s ancestors, and (3) producing E’s having B-benefited S’s ancestors contributes to the explanation of why T exists in S.In this schema, norms governing an action are typed by the functions or purposes of the action, which in turn are typed by the benefits the action delivers. The epistemic norm of assertion will be the one that characteristically and reliably enables participants in the practice of assertion to secure its primary epistemic good, which Simion identifies as knowledge (testimonial knowledge in hearers generated under normal conditions by the assertions of knowledgeable speakers). Moves in a practice either directly or indirectly aim at fulfilling the goal of the practice. Assertion is a move in the practice of inquiry, which has the generation of knowledge as its aim. Hence, Simion concludes, assertion aims at generating knowledge.This account helps to explain why, in cases like high stakes, Keith all-things-considered ought not to assert “The bank is open on Saturday,” even though he knows it is true. Prudential norms of assertion override the epistemic KNA, for when multiple functions come into conflict, the ones that are more important to the survival of the organism will generate weightier normative constraints.Simion then applies her account to the general category of constatives—for example, speech acts that express a speaker’s belief and the intention that the hearer form or continue to hold the like belief. Employing the taxonomy of Bach and Harnish, she argues that, as expressions of belief and hence varieties of assertion, constatives are subject to knowledge norms as well. Bach and Harnish identify fifteen different subcategories of constatives, each characterized in terms of the kind of belief and intention they express. The norms governing a species have to be at least as strong as the norms governing the corresponding type. As species of the type assertion, each subcategory, then, is subject to at least the necessary direction of KNA. Ultimately, we arrive at a knowledge norm for every speech act on the list, such as The Knowledge Norm of Conjecture (KNC):One’s conjecture that p is epistemically permissible only if one knows that there is reason, but not sufficient reason, to believe that p. Most of the proposed interpretations of various constatives are on the whole reasonable enough, though J. L. Austin would surely be unhappy to see so many different speech acts fashioned into varieties of assertion. Simion concludes with reflections on conjecturing, telling, and moral assertion.Construing the challenge of shiftiness intuitions in terms of the Shiftiness Dilemma allows Simion to declare success when the compatibility of KNA and CI with the relevant data of intuition is secured. Ensuring empirical adequacy for an explanatory framework is an important step, but pronouncements of victory by way of inference to the best explanation would be premature.Other candidates have been shown to match KNA’s familiar explanatory successes (involving lottery propositions, Moorean statements, etc.). Unlike KNA, alternatives that require only epistemically justified or rational belief or credence can allow that a subject is epistemically proper to assert what they believe when their belief is epistemically rational, even under conditions where there are defeating reasons that they are not in a position to be aware of. Furthermore, such norms seem better suited for philosophical or heated moral discussions where there is little consensus and individuals routinely fail to know that what they assert is true. Simion sounds the alarm that the Shiftiness Dilemma threatens to generalize “to epistemic normativity as a whole” (xi–xii), but norms concerning rational credence seem particularly immune.As Simion notes, the etiological-function model of norms that she proposes could be rebuilt with a different central epistemic aim at its core. Indeed, Millikan-inspired models along these lines are appealed to in other areas in philosophy where the concept of information takes center stage—a concept that may be more amenable to rigorous definition and use in dialogue with the sciences than knowledge. We can wonder, also, what special weight the etiological-function model accords to a knowledge-first perspective on epistemic normativity when the model is malleable in this way.The effectiveness of Simion’s strategy for shielding epistemically good thinking and assertion from practical shiftiness becomes less apparent when we try to apply it to Keith’s belief or judgment that the knowledge ascription/denial he asserts is true. It is unclear whether we are to suppose that, in high stakes, Keith epistemically ought to believe/judge that his asserted knowledge denial is false, but all-things-considered he ought to believe/judge that it is true. We do not have to accept that the knowledge-first, etiological function account of normativity for assertion carries over to belief, of course, but then what progress have we made in accounting for the shiftiness in Keith’s judgment that he knows the bank is open on Saturday in low stakes but not in high stakes?Furthermore, there are other ways to generate problems for fallibilist Classical Invariantists in low versus high stakes pairs of cases. Here is a simplified version of a puzzle from the debate over pragmatic encroachment. Consider low cases where you meet the invariant standards for knowing that p, but your justified confidence falls short of certainty. Among these cases, there must be some where you also meet the invariant standards for knowing that if p is true, then among your choices of action ϕ-ing results in the best overall outcome. Say, for instance, that you have a machine with a ϕ button, and your machine, which you know to be extremely reliable, tells you what the cost or benefit will be if you push the button and p is true versus if p is false. If you ϕ (push the ϕ button) and p is true, you win one hundred dollars; if you ϕ and p is false, you lose one hundred dollars. You face the choice: to ϕ or not to ϕ. Since you know that p, and you know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome, you rationally conclude that ϕ-ing results in the best overall outcome, and hence that you ought to ϕ. If you know which choice of action has the best overall outcome, that is what you all-things-considered should do. Now consider high, where the quantity and quality of your evidence for p is the same, and you still know that your machine is extremely reliable. This time, however, the machine tells you that if you push ϕ and p is true, you win one hundred dollars, but if you push ϕ and p is false, you lose $1 million. Your rational confidence in p is not high enough to justify pushing the button, so you rationally conclude that you ought not to ϕ. Since in high nothing evidentially relevant has changed (all that has changed is the machine informing you of a new, more serious cost of acting on p if p is false), the classical invariantist will have to say that you still know that ϕ, and you still know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome. So, according to CI, you should still be able to reason properly as follows: you know that p, and you know that if p is true, then among your choices of action ϕ-ing results in the best overall outcome, so you know that ϕ-ing results in the best overall outcome, hence you ought to ϕ. Classical invariantists owe us an explanation concerning how we can avoid the paradox here without conceding that knowledge is practically shifty. (shrink)