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

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)

Computational models of relevance in case-based legal reasoning have traditionallybeen based on algorithms for comparing the facts and substantive legal issues of aprior case to those of a new case. In this paper we argue that robust models ofcase-based legal reasoning must also consider the broader social and jurisprudentialcontext in which legal precedents are decided. We analyze three aspects of legalcontext: the teleological relations that connect legal precedents to the socialvalues and policies they serve, the temporal relations (...) between prior andsubsequent cases in a legal domain, and the procedural posture of legal cases,which defines the scope of their precedential relevance. Using real examples drawnfrom appellate courts of New York and Massachusetts, we show with the courts' ownarguments that the doctrine of stare decisis (i.e., similar facts should lead to similar results) is subject to contextual constraints and influences. For each of the three aspects of legal context, we outline an expanded computational framework for case-based legal reasoning that encompasses the reasoning of the examples, and provides a foundation for generating a more robust set of legal arguments. (shrink)

In this paper several recent factor- and dimension-based models of precedential constraint are formally investigated and an alternative dimension-based model is proposed. Simple factor- and dimension-based syntactic criteria are identified for checking whether a decision in a new case is forced, in terms of the relevant differences between a precedent and a new case, and the difference between absence of factors and negated factors in factor-based models is investigated. Then Horty’s and Rigoni’s recent dimension-based models (...) of precedential constraint are critically examined. An alternative to their reason models is proposed which is less expressive but arguably easier to apply in practice. (shrink)

A conflict arises from two basic insights concerning what recognition is. I call them the mutuality–insight and the adequate regard–insight. The former is the idea that recognition involves inbuilt mutuality: ego has to recognize the alter as a recognizer in order that the alter’s views may count as recognizing the ego. There always needs to be two–way recognition for even one–way recognition to take place. The adequate regard –insight in turn is that we do not merely desire to be classified (...) as recognizers, but to be treated adequately, in the light of any and all of our normatively relevant features. Both of these insights build on a third central idea, that recognition from others matters because it is relevant to one’s practical relations–to–self: say, respect from others is relevant for self–respect. But crucially for this paper, the two insights pull in different directions – they are in tension when it comes to deciding the scope of “recognition”. This paper is an attempt to negotiate the tension by comparing and assessing more and less restricted views on “recognition”. I discuss four issues on which definitions of recognition may be more or less restricted. The first question concerns the scope of possible recipients of recognition, and the second question possible recipient-dependent conceptual restrictions on whether recognition has taken place at all. On these questions I try to be true to both of the two conflicting insights. The mutuality–insight leads naturally to a strict conception of recognition (only recognizers can be recognized; recognition takes place only when two–way recognition takes place). By contrast, the adequate regard –insight leads to an unrestricted view (also other beings than recognizers can be treated adequately, and one–way adequate regard is conceptually possible). I argue that the tension between these is best negotiated by a two–part story, which will distinguish terminologically recognizing (and being recognized) from successfully giving and getting recognition. It is slightly unfortunate to have to draw such technical terminological distinctions, but drawing this distinction helps to make substantive points that upon reflection need to be made, given the mutuality–insight and adequate regard–insight. Or so I argue. The other two questions are: what sort of responses to what sort of features amount to recognition. Again, the adequate regard –insight would lead to an unrestricted normativist view: any kinds of responses that are normatively called for by any normatively relevant features may be cases of recognition. The mutuality – insight might motivate a narrower suggestion developing the idea that only other recognizers (or persons) can be recipients of recognition : only the kind of features that can only be had by other recognizers (or persons) can serve as the basis of recognition, and only the kind of responses, which are forms of taking the other as a recognizer (or a person) count as recognizing . I will argue that while such responses to such features are an important subclass of recognition, the unrestricted normativist view captures the full scope of recognition better. We should not in advance define recognition in a restricted way which rules some cases out (even though the mutuality–insight might seem to motivate some restrictions). We can fully preserve the force of the mutuality–insight with the two–part story, without restricting the scope of features and responses that amount to recognition. (shrink)

This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken (...) to be defeasible. The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper. (shrink)

This article maintains that it is the constitutional responsibility of the courts, here the courts of the State of Michigan, to engage in judicial policymaking in the process of formulating common law rules. The article is written in response to the views expressed by some Justices of the Michigan Supreme Court that separation of powers concerns should impose significant limits on the power of the courts to establish and develop the common law of Michigan. Specifically, the contention is that policymaking (...) is exclusively the province of the legislature, so that the courts cannot properly formulate common law rules that may have significant social and economic effects. The article strongly disagrees with the proposition that there is any kind of constitutional constraint, either prudential or structural, on the power, and indeed, the constitutional responsibility of the Michigan courts (or the courts of any state) to engage in judicial policymaking in the process of formulating common law rules.The judicial power given to the Michigan courts by the Michigan Constitution includes the power to do what courts have always done in the Anglo-American legal system. The judicial power gives the courts the responsibility to adjudicate controversies between private persons and in the process to develop a common law through the workings of binding precedent and stare decisis. In so doing, the courts may properly take into account considerations of social and economic policy just as the legislature does when it engages in the process of enacting legislation. The difference between what the courts do and what the legislature does is a difference in process, not a difference in substance. Judicial policymaking takes place within the judicial process, that is, in the adjudication of controversies between persons in which the courts promulgate common law rules. The common law develops in a line of growth through the workings of binding precedent and stare decisis, and to the extent that there are limitations on the development of the common law, these are limitations that inhere in the judicial process itself. When the courts, for example, consider whether a new claim or a new defense should be recognized by the common law, they must consider whether that new claim or defense properly follows in the line of growth from existing doctrine and precedent. But if the courts conclude that it does, that is, if the claim or defense is consistent with the line of growth of existing doctrine and precedent, the courts are not constrained from recognizing the claim or defense on the ground that the substance of the claim or defense is a matter for the legislature rather than for the courts or that the resulting common law rule may have significant social and economic effects. The legislature, in contrast, enacts legislation through the legislative process. That process is a freewheeling one, often dependent on political compromise and completely unrestrained by the kind of limitations that inhere the judicial process. There is no legislative concept of line of growth, and the legislature can and often does enact legislation that brings about fundamental societal change or reverses the course of public policy. In our constitutional system, the most important questions of public policy are, of course, determined by the Legislature. Where the legislature disagrees with the policy choices reflected in a common law rule, the legislature has the power to enact legislation changing the common law rule. But there are many areas of private law where the legislature has not acted. In our constitutional system, where the matter in issue is not covered or preempted by legislation, the courts may formulate a common law rule to cover that matter, and in so doing may engage in judicial policymaking. Judicial policymaking is a part of the development of the common law, and the courts cannot avoid their responsibility to engage in judicial policymaking to the extent that it is necessary in the process of formulating the common law. As a constitutional matter, there are no separation of powers considerations that prohibit the courts from engaging in judicial policymaking. This part of the article traces judicial policymaking and the common law back to the seminal writings of Oliver Wendell Holmes, Roscoe Pound and Benjamin Cardozo.The article then discusses at length judicial policymaking and the development of the common law in Michigan. It shows that the clearest history of judicial policymaking in development of the common law is the liability-limiting rules of the late nineteenth century that were promulgated in the wake of the Industrial Revolution to protect the newly-emerging industries. During that time the courts in Michigan and elsewhere grafted on to the general principles of negligence law liability rules such as assumption of risk, contributory negligence, and the fellow servant doctrine, all of which had the effect of denying recovery to workers and other victims of industrial accidents. Beginning in the middle of the twentieth century, however, the Michigan Supreme Court began excising its constitutional power to make changes in the common law, expanding significantly the scope of tort liability in Michigan. Emphasizing that "rules created by the court could be altered by the court," and that the court had a "corrective responsibility when dealing with judge-made law," the Court, in approximately a 30 year period: eliminated the imputed negligence doctrine, under which the driver's negligence was imputed to the passenger in the passenger's suit against a third party; eliminated charitable immunity as a defense to a tort action; held that a wife could maintain at tort action for loss of her husband's consortium; abrogated the defense of assumption of risk, which had been applied outside of the employment area, held that there could be recovery for pre-natal injuries and finally abolished contributory negligence as a complete bar to recovery in favor of a comparative negligence approach. In these cases the Court discussed the relevant policy considerations influencing their decisions with respect to the common law rule at issue. In the last quarter century, the Court continued to take into account policy considerations in developing the common law, but not infrequently there was disagreement on the Court as to where policy considerations should lead, with some Justices arguing that policy considerations supported the imposition of tort liability, while other Justices argued that they did not.The article concludes that it has been demonstrated that in the development of the common law of Michigan, the Michigan Supreme Court has at all times engaged in judicial policymaking. From the liability-limiting rules of the late nineteenth century designed to protect the newly-emerging industries in this state, to the Court's exercise of its power to change the common law in Michigan over a 30 year period by expanding significantly the scope of tort liability in Michigan, to its recognition of new claims, such as a child's right to recover for loss of a parent's consortium caused by a negligent injury, to its imposition of limits on tort recovery, such as the open and obvious doctrine, the Court has invoked considerations of policy in support of its decisions. In these cases, the Court's invocation of policy considerations was sometimes accompanied by substantial disagreement among members of the Court over where policy should lead, but at no time did the Court ever suggest that separation of powers considerations should somehow operate as a kind of restraint on the Court's use of policy in the development of the common law. It is the power and responsibility of the Michigan Courts under the Michigan Constitution to make policy choices in formulating the common law. (shrink)

The article considers two different interpretations of the reason model of precedent pioneered by John Horty. On a plausible interpretation of the reason model, past cases provide reasons to prioritize reasons favouring the same outcome as a past case over reasons favouring the opposing outcome. Here I consider the merits of this approach to the role of precedent in legal reasoning in comparison with a closely related view favoured by some legal theorists, according to which past cases (...) provide reasons for undercutting (or ‘excluding’) reasons favouring the opposing outcome. After embedding both accounts within a general default logic, I note some important differences between the two approaches that emerge as a result of plausible distinctions between rebutting and undercutting defeat in formal models of legal reasoning. These differences stem from the ‘preference independence’ of undercutting defeat. Undercutting reasons succeed in defeating opposing reasons irrespective of their relative strength. As a result, the two accounts differ in their account of the way in which precedents constrain judicial reasoning. I conclude by suggesting that the two approaches can be integrated within a single model, in which the distinction between undercutting and rebutting defeat is used to account for the distinction between strict and persuasive forms of precedential constraint. (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)

This dissertation develops, justifies, and examines the jurisprudential implications of a non-monotonic theory of common law legal reasoning. Legal rules seem to have exceptions but identifying all of them is difficult. This hinders attempts to formalize legal rules using classical logics. Non-monotonic logics allow defeasible inference, permitting rules that hold generally but can be defeated in the presence of exceptions. This ameliorates the problem of characterizing all exceptions to a rule, because exceptions can be added piecemeal while the rule remains. (...) The first portion of the dissertation rebuts a prominent criticism leveled at a large class of theories of legal reasoning that includes my theory. The charge is that no coherent theory can recognize both the difference between distinguishing and overruling, and the constraint of precedent. The critics argue that is more important than and that can only be explained by monotonic legal rules. Drawing on cognitive psychology as well as legal theory, I show that coherent theories, such as my own, can accommodate both and. The second chapter provides motivation for understanding precedential constraint in terms of non-monotonic default rules and introduces my positive theory, which elaborates on John Horty's work in treating legal rules as prioritized defaults involving reasons. I motivate and implement a relaxation of Horty's restrictions on the form of rules to allow a more fine-grained characterization of precedent. Finally, I explore the relationship between these relaxations and the concept of precedent. The final section explains how my theory fits into the traditional jurisprudential ecosystem. I demonstrate that, contrary to assertions in the legal theory literature, this non-monotonic approach is entirely compatible with positivism's commitment to extracting rules from authoritative legal sources, namely court opinions. I also suggest how it might be attractive to law and economics theorists, pragmatists, and followers of Dworkin. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Landmark Legal Cases in BioethicsSusan Cartier Poland (bio)Only a few decades old, the interdisciplinary field of bioethics has developed surrounded by centuries of legal tradition and moral philosophy. Bioethics and the law have weaved back and forth over time influencing each field. Sometimes ethics leads the debate on problematical issues; for example, the Recombinant DNA Advisory Committee at the National Institutes of Health established regulations prior to initiating human (...) gene therapy. At other times, law takes over; Roe v. Wade, for example, has polarized and closed public discussion on abortion. Most frequently, however, scientific developments initiate discussion in both fields, as when the announcement of the birth of Dolly—the first cloned mammal—sparked President Clinton to ask the National Bioethics Advisory Commission for a report on cloning.A back-and-forth pattern also exists within the law itself, this time between legislator and judge. Legislators enact statutes, which apply universally to regulate conduct in society. Judges, on the other hand, interpret statutes and apply them to particular cases to resolve disputes between parties. Case law, as judge-made law is called, that grows in the absence of legislation becomes the common law. Legislatures can change the course of common law development by enacting more law, usually as amendments, but sometimes as repeals. A judge who sees the facts of a case or the law differently may also change the common law. And so the counterpoint between legislator and judge goes.A legal case becomes a landmark in bioethics because of its historical or precedential value to the field. Historical cases reflect judicial reasoning or rationalization that lays the conceptual foundation for a bioethical principle. Perhaps the best known example of this is the focus on the right to self-determination in Schloendorff that led to the development of informed consent. The principle of autonomy in bioethics derives its legal impetus from this line of cases.A case that acquires landmark status because of its precedential value does so for one of two reasons based on legal precedents. First, the case may be one of “first impression.” In the legal sense, that means that the particular case with its [End Page 191] facts or issues is the first one that a particular court has confronted within that court’s jurisdiction or area of decision-making authority. To be a landmark in bioethics, however, the ordinary sense of “first impression” applies. The first time that a particular bioethical topic has appeared in court for legal resolution makes a case one of “first impression” for bioethics. The case of Baby M on surrogacy contracts illustrates this.The second way in which a case can achieve landmark status based on precedents involves legal precedent and the jurisdictional basis of the court system. Under the common law system, a preceding case that involves the same or similar facts or issues as a current case must be followed by lower—i.e., less authoritative—courts in the same jurisdiction. That judicial rule of decision making is called stare decisis. It creates an institution of continuity, yet allows for change due to differences in judicial interpretation of facts and issues, which is called distinguishing the case.All courts under United States jurisdiction must follow the U.S. Supreme Court. By its sheer power of authority, the Court issues opinions that, if they concern bioethical topics, make cases landmarks in bioethics. For example, Roe v. Wade made abortion legal and set off the debate between maternal and fetal rights. Casey later refined, or to some redefined with a discussion of stare decisis, the bioethical underpinnings of Roe by framing the debate as one between maternal rights and state interests.In law, precedents concern only appellate cases. Trial courts, like that in McFall v. Shimp, handle questions of both fact and law. Appellate courts, like that in Brotherton, hear appeals from the lower trial courts and address legal issues only. Trial judges apply the law to facts, and appellate judges reason about the trial judge’s legal interpretation.Appellate court decisions are the ones most frequently published, either in print or electronically online, for citation. Consequently they are the easiest to locate and retrieve. “Reporters” as... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Economy as a Victimizing Mechanism Erich Kitzmüller Universität Wien and Wirtschaftsuniversität Wien 1. The Enigma of Modern Economics The effects of the present economic system are remarkably ambiguous. When we compare modern society with any preceding society in history it becomes evident that the ability to produce wealth is its distinguishing feature. It also is evident that the most highly productive and technologically advanced societies of the world (...) are at the root of grave social and ecological disturbances that are pushing humankind to the edge of global catastrophe. The scope and complexity of the adverse effects and risks, of the degradation to the natural surroundings and to social cohesion, are unprecedented in history. Although those phenomena are well known, they are not widely understood. The positive effects of modern economics are evident. The outstanding capacity to produce a vast array of technical instruments and rational organizations which serve as problem solving tools have opened the way to a level ofprosperity, and indeed of affluence, that is unparalleled in the history of civilization. In sharp contrast to this story of success is, however, the equally impressive record ofdestruction. The gulf between those who possess vast material means and those who possess the minimum for survival is widening both on a global scale and within individual affluent societies. The relation between increased productivity and ecological destruction seems to parallel that between growing wealth and growing human misery. The high rate of exploitation of natural resources and the artificial changes in climate are endangering the viability of future generations to the extent that the extinction of species and cultures is, finally, not a vague, futuristic threat, but a clear and present danger to life as we know it. The economic performance of the prosperous nations today, and of modern society in general, invokes a number of critical issues that need to be 1 8 Erich Kitzmüller addressed. Why have the developed nations been so successful in achieving their high productivity through the efficient utilization of systems of organization and participation? Why have those particular success-making qualities enabled them to dominate in such a global and universal way, while their competitors retreat into an increasingly marginal economic existence? Why does the paradox exist between the global richness and success of certain societies and the destructive nature of their output? The logical cumulative question is, then, Why is the current economic system both extraordinarily productive and destructive? Paramount efficiency in the production of wealth and success Never before has society been so efficient in accumulating wealth. This is the most striking feature of the upper financial strata of humanity, of, for example, the OCED countries. Whatever factor can be singled out, the formula remains the same: high levels of input of energy and other resources, and high output in terms of tools for production and consumer goods. For decades the general trend of income, savings, investments, and consumer expenditures, whatever their fluctuations, has been upward. In spite of the grievances and alleged cases of injustice, ever growing prosperity and affluence has become the normal expected result of the economic process. Wealth is produced not only in terms of achieved output, but also in terms of the capacity to tackle any difficulties through an expansion of the economic process. This may be the most important feature of present economic performance, even more important than its excellence in increasing the output of goods and services. Wealth is accumulated, moreover, not only in terms of material goods and services, but in terms of the options we have in reacting to the reality of needs and scarcities. The real products themselves become enhanced options that specify particular means to improve technologies and to apply rational solutions to troublesome situations and, thus, to identify those situations as problems and to solve them. In the context of modem society, wealth is essentially the twofold process of the means for domination on the part of both states and companies, and of ever growing liberties. The premise is to win access to exemplary, that is to successful and happy, life styles. AU the while the focus of attraction may shift from power to the anticipated pleasure of consumption... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Respecting the Boundaries of Knowledge:Teaching Christian Discernment with Humility and Dignity, a Response to Paul O. IngramSandra Costen KunzNatural Science and Buddhist Philosophy and Practice as Resources for Christian Spiritual DiscernmentBoundary Questions Arise When Teaching Spiritual Discernment in Western ContextsMy response to Paul Ingram's chapter titled "Constrained by Boundaries" in The Boundaries of Knowledge in Buddhism, Christianity, and Science1 will examine ways the Buddhist-Christian-natural science "trilogue" he advocates might (...) address some recurring problems encountered when teaching spiritual discernment in Western Christian contexts. These problems are examples of what Ingram calls boundary questions. He describes boundary questions as issues raised within a tradition of learning (such as an academic discipline or a religious community) that cannot be completely resolved within this tradition because of the culturally constructed "constraints" of the scope of its investigations and the assumptions and methods with which it makes its investigations. Ingram argues that boundary questions push hard against the cultural constraints that define a tradition. He gives examples of ways these questions can engender renewal within a tradition of learning if they are addressed honestly in conversation with another tradition (or traditions) of learning. This requires humility, but such conversation can help a tradition distinguish between the cultural constraints that still sharpen its core discovery processes and those that impede its quest in its current context.I will argue that dichotomous habits of thought endemic in modern Western cultures have constructed unnecessary boundary constraints within Western Christian theological anthropology and practical theology. I have watched Western Christians who are trying to discover God's guidance through spiritual discernment slam up against these constraints, and I have listened to the recurring boundary questions they [End Page 175] pose at these borders. Dichotomous assumptions and methods of investigation often weaken Western Christian spiritual discernment processes.I will suggest that particular Buddhist and natural science theories and practices of discovering knowledge—and some of the knowledge these practices have discovered—can be useful in teaching Christians spiritual discernment. This is because they can widen the scope of what human beings notice. This scope includes what people notice in their mental imagery, in the practices of their culture, and in creation around them. Spiritual discernment, as I describe it, involves the interplay of human imagination and discovery with God's guidance of all of creation, including human imagination and discovery. The human side of this interplay is made possible by the human spirit that (following practical theologian James E. Loder [1931-2001]) I describe as those unique human capacities that (1) allow us to reflect on our thinking and thus make partially free unselfish choices, and (2) draw us toward loving harmony with our creator and fellow creatures.2I am writing as a practical theologian specializing in Christian education who has studied cognitive neuroscience and Buddhist philosophy and practice. My job is to prepare those who lead Christian churches and schools to teach Christians how to continue Jesus's mission to rescue this world. I believe the most effective way I can help Christian organizations engage in positive, long-term social transformation is to teach their leaders how to teach their members time-tested spiritual discernment practices framed within the context of Christian faith.Spiritual Discernment and Christian Spiritual DiscernmentI assume that all cultures and communities that have sustained a healthy life together have done so in part because at least some of their members have practiced at least some form of spiritual discernment. Therefore I assume all healthy Christian and non-Christian religious communities have developed practices of spiritual discernment. I do distinguish, however, between spiritual discernment in general and specifically Christian spiritual discernment. Drawing on Christian, Buddhist, and neuroscience perspectives on decision making, creative problem solving, and behavioral change, I describe spiritual discernment in general as a transformative "process of divine-human cooperative imagination, focused upon reconfiguring the relationships among the actors and the other factors in a specific situation. This reconfiguration often begins in the imaginative rearrangement of mental images of these relationships, and continues in concrete social actions which eventually result in the actual rearrangement of social structures."3I thus describe spiritual discernment as... (shrink)

This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A (...) factor-based definition of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

It has long been the position in law that, subject to some minor but important exceptions, property cannot be held in the human body, whether living or dead. In the recent case of Yearworth and Others v North Bristol NHS Trust, however, the Court of Appeal for England and Wales revisited the property debate and threw into doubt a number of doctrines with respect to property and the body. This brief article analyses Yearworth, (1) reviewing the facts and the (...) Court’s decision with respect to the originators’ proprietary and contractual interests in their body and bodily products, (2) considering the significance of relying on property and its use a legal metaphor, (3) questioning the scope of the property right created, and (4) querying whether an alternate conceptual approach to extending rights and a remedy was warranted. It concludes that, while Yearworth engages with, and impacts on, important theoretical and practical issues—from legal, healthcare and research perspectives—it does not offer a great deal of guidance and, for that reason, its precedential significance is in doubt. (shrink)

Unlike statutory law, which relies on the explicit formulation of rules, common law is thought to emerge from a complex doctrine of precedential constraint, according to which decisions in earlier cases constrain later courts while still allowing these courts the freedom to address new situations in creative ways. Although this doctrine is applied by legal practitioners on a daily basis, it has proved to be considerably more difficult to develop an adequate theoretical account of the doctrine itself. Drawing (...) on recent work in legal theory, as well as AI and law, this book develops a new account of precedential constraint and the balance achieved in the common law between constraint and freedom. This account, which involves construction of a group priority ordering among reasons, is then applied to other topics including the semantics of open-textured predicates and the practice of making exceptions to general rules. (shrink)

We define and study the notions of stability and relevance for precedent-based reasoning, focusing on Horty’s result model of precedential constraint. According to this model, precedents constrain the possible outcomes for a focus case, which is a yet undecided case, where precedents and the focus case are compared on their characteristics (called dimensions). In this paper, we refer to the enforced outcome for the focus case as its justification status. In contrast to earlier (...) work, we do not assume that all dimension values of the focus case or the precedent cases have been established with certainty: rather, each dimension is assigned a set of possible values. We define a focus case as stable if its justification status is the same for every choice of the possible values. For focus cases that are not stable, we study the task of identifying relevance: which possible values should be excluded to make the focus case stable? In addition, we introduce the notion of possibility to verify if a user can assign an outcome to an unstable focus case without making the case base of precedents inconsistent. We show how the tasks of identifying justification, stability, relevance and possibility can be applied for human-in-the-loop decision support. Finally, we discuss the computational complexity of these tasks and provide efficient algorithms. (shrink)

The word "ethics" is often used as a synonym for morality or values or ideals. But ethics is also sometimes defined as critical reflection on moral claims and moral beliefs, which themselves pertain to ideas about right and wrong conduct, good and bad motives and intentions, and so on. The scope of ethics is therefore enormous, and the problems and dilemmas theoretically subject to ethical scrutiny are endlessly varied and fascinating. This is no less the case in medicine; (...) it often seems that a new ethical issue arises every time there is a breakthrough in medical technology that gives us powers we didn't have before. (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)

The purpose of this article is to invigorate debate concerning the nature of analogy, and to broaden the scope of current conceptions of analogy. We argue that analogizing is not a single or even a fundamental cognitive process. The argument relies on an analysis of the history of the concept of analogy, case studies on the use of analogy in scientific problem solving, cognitive research on analogy comprehension and problem solving, and a survey of computational mechanisms of analogy (...) comprehension. Analogizing is regarded as a macrocognitive phenomenon having a number of supporting processes. These include the apperception of resemblances and distinctions, metaphor, and the balancing of semantic flexibility and inference constraint. Psychological theories and computational models have generally relied on (a) a sparse set of ontological concepts (a property called “similarity” and a structuralist categorization of types of semantic relations), (b) a single form category (i.e., the classic four-term analogy), and (c) a single set of morphological distinctions (e.g., verbal vs. pictorial analogies). This article presents a classification based on a “naturalistic” exploration of the variety of uses of analogical reasoning in pragmatically distinct contexts. The resultant taxonomy distinguishes pre-hoc, ad-hoc, post-hoc, pro-hoc, contra-hoc, and trans-hoc analogy. Each will require its own macrocognitive modeling, and each presents an opportunity for research on phenomena of reasoning that have been neglected. (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)

In the history of İslāmic thought, Māturīdī is a famous scholar both in the field of kalām and tafsir. Being approved by Māturīdī, the distinction of tafsir and ta’wīl, which makes possible to take the comments made about the verses into sistematic framework, is quite important. There is an important information both about content of the distinction approved by Māturīdī and the main reasons that necessiated this distinction in the introduction of Samarqandī’s Sharh at Ta’wīlāt. From this information, it is (...) understood that the distinction of tafsir and ta’wīl had dated back to older time than Māturīdī and previous scholars dealed with the problem that necessiated this distinction and Māturīdī inherited this distinction from his predecessors. Information in the Sharh at Ta’wīlāt reveals that according to Māturīdī the companions had made interpretation (ta’wīl) in addition to tafsir and the explanations made by certain evidences is tafsir too. Therefore this information gives us the opportunity flexing the acceptance of the idea “tafsir, is dedicated to the companions, ta'wīl is dedicated to fuqaha (jurists)” and asserting that companions and scholars made both tafsir and ta’wīl. In this paper, we will research whether the distinction tafsir and ta’wīl regarded by Māturīdī completely belonged to his or not and content of the distinction and its reasons. We will also analyze this distinction according to examples in the Ta’wîlāt. Summary: An important distinction is made between the concepts of tafsir and ta’wīl in the short preface of Māturīdī's tafsir, and this distinction is particularly prominent in contemporary tafsir studies. Because from the point of view of the value they carry, the explanations for these differences and concepts express the legitimacy of the following mufassirūn (writers of a commentary on the Qur’an) to be able to perform tafsir, as well as the value of the explanations found in tafsir literature in terms of certainty. In Ta'wīlāt, tafsir is described as the precise determination of what is intended. Determination of what is exactly intended in verse/wording is bound to certainly know the conditions under which it was revealed. Because they are the first to be addressed directly and they witnessed the context, the tafsir is only for the companions (ṣaḥābah pl. aṣḥāb). On the other hand, ta’wīl is not a definite determination of what is intended, but rather it is explained as putting the possibilities forward. In this case, ta’wīl is dedicated to the scholars after the companions. When we look at the other tafsir sources that include his views, it can be understood that this brief information in the preface of the tafsir which survived to our day is partially incomplete. Samarqandī's Sharhu’t-ta'wīlāt is the most important of these sources. According to the information here, Māturīdī states that some scholars distinguish tafsir and ta’wīl from each other. In these distinctions, tafsir is either described in relation to a definitive statement or in relation to being familiar with the conditions of revelation, while ta’wīl is described as extracting meanings from the verses and making possible meanings without claiming certainty. These explanations show that the distinction between tafsir and ta’wīl in Ta'wīlāt's preface was mainly based on the period before Māturīdī. These statements, which Māturīdī transmitted from some scholars in the beginning of Sharhu’t-ta'wīlāt, were then transmitted by Omar al-Nasafī, Mahāyimī and Molla Husrev. In some sources, it was also transmitted that similar explanations were made by scholars such as an-Nadr b. Shumayl, al-Hussein b. Fadl al-Bacelī and Ibn Durayd before Māturīdī.Some explanations of Māturīdī in Ta'wīlāt enables the theory of tafsir-ta’wīl to be understood at a wider level. When the examples are examined, it is observed that Māturīdī exhibited two types of attitude against the tafsir of the companions. He states that one of these is that if the transmission is true, what is intended is exactly what is stated in the narrated. The second is that he sometimes does not accept these explanations and suggests additional opinions. The reason he refuses is that sometimes he does not find the transmission reliable, and sometimes he thinks that companions performed ta'wīl. If this is the case, the dedication of ta’wīl to those coming later should not be absolutized. Because the companions can perform both tafsir and ta’wīl. The examples in Ta'wīlāt clearly reveal what areas tafsir, which is defined as a definite statement, covers. According to this, first, tafsir is related to the field of “invisible” about the past and the future. Secondly, its meaning and practice is only about the information of the “statement” about the issues that can be revealed by the Prophet (pbuh). In the third aspect, it is related to “revelation” information reporting the context in which the verses descended. In the beginning of Sharhu’t-ta'wīlāt, Māturīdī says that the explanations made based on the definitive evidences such as mutawātir (repetition; narration reported by large number reporters) and ijmā (consensus) also fall under the category of tafsir. However, it is also necessary to add intellectual evidence to these evidences. Because intellectual evidence is also important in the epistemology of Māturīdī. In fact, the truthfulness of nass (text) is primarily based on intellectual evidence. First, the issues of theology are proven by certain intellectual evidence, and then, on the basis of this, the meanings expressed by the nass acquire the value of certainty and truthfulness. With the definitive acceptance of reason in theology, what some nass express confirm each other and are used as evidence in the process of interpretation. Therefore, since some of the intellectual evidence, ijmā and mutawātir news provide definitive information, explanations based on them are also seen as tafsir. Considering the fact that the above-mentioned evidence was also used by those coming after the companions, it can be concluded that tafsir can be performed by not only the companions but also those coming after them. In this case, it should be accepted that tafsir is not performed only by the companions, and that the succeeding mufassirūn can also perform tafsir as well as ta’wīl. When we look at the examples based on these evidence, there are two different situations in Ta'wīlāt. The first is that Māturīdī sometimes has views on evidence based on mutawātir and ijmā and sometimes suggests different opinions from the assumptions that he said there was ijmā in particular. Because these evidences are certain, it is understandable that he remains bound to them. However, as a possible reason for his opposition to ijmā, it can be said that he thinks only the following generations enter the scope of ijmā. Because, according to Samarqandī, Māturīdī's objection to such information does not seem possible, since ijmā of the companions in a matter is accepted. Although he sometimes said that there was ijmā, the reason why no such ijmā was mentioned in other tafsir sources and sometimes, it may be considered that he did not respect other views in the face of ijmā as a reason for including different views or it may be thought that he was unaware of the different views that were transmitted. The second remarkable situation is that according to Māturīdī, intellectual evidence, in particular, can reveal only the “knowledge of existence” of the issues related to theology. Māturīdī thinks that their nature cannot be certainly known, and that the explanations made regarding their nature are only ta’wīl. For this reason, he firmly rejects the interpretation of the khabarī attributes about Allah in accordance with the idea of tashbīh and tajsīm (anthropomorphism). (shrink)

This thesis concerns the relation between aesthetically valuable objects and the agents that aesthetically value them. An investigation is undertaken into the psychology and rationality of such agents. I argue that self-related elements such as emotions and standing value commitments play an irreducible role in successful aesthetic engagement. I further demonstrate that these psychological elements of aesthetic engagement are both self-related and subject to rational constraints. In this connection, I propose a revisionary account according to which valuing agents are subject (...) to a coherence requirement pertaining to their aesthetic judgments and aesthetic likings. The first essay, “Aesthetic Autonomy: Acquaintance, Competence and Authenticity”, addresses the nature of aesthetic autonomy. What it means to be autonomous and its normative significance is generally considered to be ambiguous in the aesthetic domain. In this essay, I propose a way to disambiguate this elusive concept by distinguishing three varieties of autonomy: experiential autonomy, competency-based autonomy, and personal autonomy. Some important issues concerning the nature of aesthetic agency and appreciation are discussed in the course of this critical discussion. The second essay, “Non-Standard Emotions and Aesthetic Understanding”, discusses the role of our emotional responses in the context of aesthetic appreciation. My main argument will reveal that the non-standard or ‘intellectual’ emotions, the emotions which are in fact most important to appreciation, can play a significant epistemic role in our reason-giving aesthetic practices. The third essay, “The Aesthetic Enkratic Principe”, examines what it means to be aesthetically rational. Although some philosophers claim that aesthetics falls within the scope of rationality, a non-akrasia constraint prohibiting certain akratic combinations of attitudes is yet to be developed in this domain. This essay is concerned with the question of whether or not such a requirement is plausible and, if so, whether it is a true requirement of aesthetic rationality. The fourth essay, “Aesthetic Self-Transformation: A Guide for Aesthetic Aspirants”, investigates the nature of aesthetic self-transformation. Two problems arise in this context. First, aesthetic transformative experiences can lead to cases of local irrationality in the form of a mismatch between what is aesthetically judged and what is aesthetically liked. Second, in attempting to resolve this conflict, we encounter two opposing principles that appear to guide aesthetic appreciation with equal force: self-cultivation and aesthetic improvement. I explain the first issue by invoking a coherence requirement (as defended in the previous essay) and resolve the second by outlining a hybrid view of what constitutes good aesthetic reasoning. (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in (...) which a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

In contrast to the dominant way of thinking in economics, in which economics is seen as a positive or neutral science, this paper argues that economics is a discipline that has its own normativity. This economic normativity should be distinguished from what is usually considered as ethics, which normally has a broader scope. This paper further argues that the budget constraint is a key source of economic normativity, although it is not the only source. Economic-theoretical and philosophical aspects (...) are discussed, and consequences for economic life and policy are assessed. (shrink)

Computational models of legal precedent-based reasoning developed in AI and Law are typically based on the simplifying assumption that the background set of precedent cases is consistent. Besides being unrealistic in the legal domain, this assumption is problematic for recent promising applications of these models to the development of explainable AI methods. In this paper I explore a model of legal precedent-based reasoning that, unlike existing models, does not rely on the assumption that the background set of (...) precedent cases is consistent. The model is a generalization of the reason model of precedential constraint. I first show that the model supports an interesting deontic logic, where consistent obligations can be derived from inconsistent case bases. I then provide an explanation of this surprising result by proposing a reformulation of the model in terms of cases that support a new potential decision and cases that conflict with it. Finally, I show that the reformulation of the model allows us to verify that inconsistent case bases do not make verification that a decision is permissible substantially more complex than consistent case bases and to introduce intuitive criteria to compare different permissible decisions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:TOWARD A THOMISTIC PERSPECTIVE ON ABORTION AND THE LAW IN CONTE:MPORARY AMERICA M. CATHLEEN KAVENY Yale University New Haven, Oonnecticut Introduction W;HEN THE SUPREME COURT handed down its abortion decision Webster v. Reproductive Health Services 1 in the summer of 1989, it was widely prel 109 S. Ct. 3040 (1989). All further citations to Webster will be given parenthetically in the text. To summarize the most significant aspects. of (...) the decision: A. Chief Justice Rehnquist authored an opinion of the Oourt (of the highest precedential value) which was joined by Justices White, Kennedy, Scalia, and O'Connor. The majority found the lower courts to be in error in striking down as unconstitutional the preamble to a Missouri statute which asserted that "the life -0f each human being begins at conception." The opinion of the Court also found that Missouri could constitutionally prohibit the use of public employees and facilities in the performance of abortions not necessary to save the mother's life. B. The Court also upheld the Missouri statute's provision requiring a. doctor to perform viability tests before aborting a fetus the doctor believes is of 20 or more weeks gestational age. In the plurality opinion (of less precedential value than an opinion -0f the Court, since it is not joined by a majority of the justices), Chief Justice Rehnquist, Justice White, and Justice Kennedy argued that since most fetuses are not viable at twenty weeks, the provision would impose substantial restrictions unrelated to the health of the mother upon what are, in fact, simply sec-0nd trimester abortions. Because they believed such restrictions to be in tension with Roe's trimester system, the plurality decided to abandon that system, along with its stipulation that the state's interest in unborn life became compelling only at viability. The plurality contended, however, that Webster presented no occasion for reconsidering Roe's holding, which deemed unconstitutional a statute prohibiting all abortions except those necessary to save the life of the mother. In a concurring opinion, Justice Scalia went further, arguing that the Court should explicitly overrule Roe v. Wade. On the other hand, Justice O'Connor, 848 344 M. CAT'HLEEN KAVENY dieted that this would exaicerbate a dangerously bitter social·struggle. In its 1973 decision Roe v. Wade (410 U.S. 113), the court had e1abo:raJted.a woman's right to abortion, and, in rthe sixteen years that fo11owed it, it ga,V'e that right unwavering support. Webster 'seemed to mark a retl.'eat from that support. The new scope it offered for state regulation of rubortion promised rto ignite gra,ss-roots forvor and a stiate..:by-state battle between those seeking rto maintain the abortion rights est1ab1isihed by Roe and its sequalia and those st:dving to limit the s1oope of these rights in 1 significant ways. Much of the criticism of Webster has fooused narrowly upon how weM the,decision has aiocorided with various views on the morality of abortion. Yet important 1as this issue is, thorough ethicaJ ana:lysis of Webster must address severa1l additional fac~ tors. The ethiicatl aidequacy of positive law, induding judicial interpretations of faw siuch as Webster, must he ev1alruated in terms of whetheir it aidvanices or impedes the common good. The common good requires not only that we consider the moml substance of legal requirements but tha:t we ailso attend to the manner in which law is made, promulgated, ml!d interpreted. Such an analysis is,sorely needed; it should. specify the severa1l factors involved in determining whether any given legal also concurring in the plurality's judgment, maintained that this provision of the statute could be upheld without any reconsideration of Roe, since it co· hered with that decision's recognition of the compelling state interest in viable fetal life. C. Justice Blackmun authored an opinion dissenting from the majority on the issues discussed above, and he was joined by Justices Brennan and Mar· shall. The thrust of his opposition is directed against the plurality's treatment of the viability testing,provisions. Blackmun first suggested that i.f understood according to the canons of proper statutory interpretation, these provisions unconstitutionally restrict the attending physician... (shrink)

Our growing understanding of human mind and cognition and the development of neurotechnology has triggered debate around cognitive enhancement in neuroethics. The dissertation examines the normative issues of memory enhancement, and focuses on two issues: the distinction between memory treatment and enhancement; and how the issue of authenticity concerns memory interventions, including memory treatments and enhancements. rnThe first part consists of a conceptual analysis of the concepts required for normative considerations. First, the representational nature and the function of memory (...) are discussed. Memory is regarded as a special form of self-representation resulting from a constructive processes. Next, the concepts of selfhood, personhood, and identity are examined and a conceptual tool—the autobiographical self-model —is introduced. An ASM is a collection of mental representations of the system’s relations with its past and potential future states. Third, the debate between objectivist and constructivist views of health are considered. I argue for a phenomenological account of health, which is based on the primacy of illness and negative utilitarianism.rnThe second part presents a synthesis of the relevant normative issues based on the conceptual tools developed. I argue that memory enhancement can be distinguished from memory treatment using a demarcation regarding the existence of memory-related suffering. That is, memory enhancements are, under standard circumstances and without any unwilling suffering or potential suffering resulting from the alteration of memory functions, interventions that aim to manipulate memory function based on the self-interests of the individual. I then consider the issue of authenticity, namely whether memory intervention or enhancement endangers “one’s true self”. By analyzing two conceptions of authenticity—authenticity as self-discovery and authenticity as self-creation, I propose that authenticity should be understood in terms of the satisfaction of the functional constraints of an ASM—synchronic coherence, diachronic coherence, and global veridicality. This framework provides clearer criteria for considering the relevant concerns and allows us to examine the moral values of authenticity. rn. (shrink)

Barry Allen defends a highly unorthodox and compact account of humans and their evolutionary adventure, which comprises inter alia epistemological, alethic, technological, and artistic aspects. His anthropocentric view distinguishes itself from traditional forms of realism and anti-realism by virtue of its dynamic and non-reductionist character. Allen adopts a certain perspective of techno-artistic and onto-epistemic construction, which we dub “panartifactualism,” claiming principally that nothing at all escapes the artifactualizing power of human beings. We maintain that, under closer scrutiny, various dimensions of (...) Allen’s account conflict and that his philosophical approach to “being” and “making” ultimately gives rise to a rather problematic ontological picture. Having pointed out its shortcomings and untenable results, we spell out the conceptual contours of a contemporary and far more attractive version of realism which suffers neither from the issues faced by views like panartifactualism nor from the obvious difficulties of noumenalist realism justifiably opposed by Allen. (shrink)

For a wide range of concepts, a thinker’s understanding of what it is for a thing to fall under the concept plausibly involves knowledge of an identity. It involves knowledge that the thing has to have the same property as is exemplified in instantiation of the concept in some distinguished, basic instance. This paper addresses the question: can we apply this general model of the role of identity in understanding to the case of subjective, conscious states? In particular, can (...) we explain our understanding of what it is for someone else to be in a particular conscious state in terms of our knowledge of the relation of identity which that state bears to some of our own states?[1] This is a large issue, with many ramifications both within and beyond the philosophy of mind; so let me give a map for the route I aim to take. We first need to consider the features of explanations of concepts in terms of identity in domains outside the mental. There are substantial constraints on legitimate explanation of concepts in terms of identity. There are also reasons that it is harder to meet these constraints in the case of concepts of conscious states than it is in other cases. I will go on to suggest a way in which we can overcome the special difficulties of the conscious case, and to try to elaborate the nature both of our understanding of first person applications of concepts of conscious states, and of our grasp of an identity relation applied to these states. A positive account of understanding in this area, as in any other, has to dovetail with a credible epistemology of conscious states in oneself and in others. I will offer something under that head, and say how the resulting position steers a middle way distinct from each of the two classic rival positions on conscious states of the later Wittgenstein on the one hand, and of Frege on the other. (shrink)

BackgroundThe areas of Research Ethics (RE) and Research Integrity (RI) are rapidly evolving. Cases of research misconduct, other transgressions related to RE and RI, and forms of ethically questionable behaviors have been frequently published. The objective of this scoping review was to collect RE and RI cases, analyze their main characteristics, and discuss how these cases are represented in the scientific literature.MethodsThe search included cases involving a violation of, or misbehavior, poor judgment, or detrimental research practice in relation to a (...) normative framework. A search was conducted in PubMed, Web of Science, SCOPUS, JSTOR, Ovid, and Science Direct in March 2018, without language or date restriction. Data relating to the articles and the cases were extracted from case descriptions.ResultsA total of 14,719 records were identified, and 388 items were included in the qualitative synthesis. The papers contained 500 case descriptions. After applying the eligibility criteria, 238 cases were included in the analysis. In the case analysis, fabrication and falsification were the most frequently tagged violations (44.9%). The non-adherence to pertinent laws and regulations, such as lack of informed consent and REC approval, was the second most frequently tagged violation (15.7%), followed by patient safety issues (11.1%) and plagiarism (6.9%). 80.8% of cases were from the Medical and Health Sciences, 11.5% from the Natural Sciences, 4.3% from Social Sciences, 2.1% from Engineering and Technology, and 1.3% from Humanities. Paper retraction was the most prevalent sanction (45.4%), followed by exclusion from funding applications (35.5%).ConclusionsCase descriptions found in academic journals are dominated by discussions regarding prominent cases and are mainly published in the news section of journals. Our results show that there is an overrepresentation of biomedical research cases over other scientific fields compared to its proportion in scientific publications. The cases mostly involve fabrication, falsification, and patient safety issues. This finding could have a significant impact on the academic representation of misbehaviors. The predominance of fabrication and falsification cases might diverge the attention of the academic community from relevant but less visible violations, and from recently emerging forms of misbehaviors. (shrink)

ABSTRACTThe principle of informed refusal poses a specific problem when it is invoked by a pregnant woman who, in spite of having accepted her pregnancy, refuses the diagnostic and/or therapeutic measures that would ensure the well‐being of her endangered fetus. Guidelines issued by professional bodies in the developed world are conflicting: either they allow autonomy and informed consent to be overruled to the benefit of the fetus, or they recommend the full respect of these principles. A number of medical ethicists (...) advocate the overruling of alleged irrational or unreasonable refusal for the benefit of the fetus. The present essay supports the view of fetal rights to health and to life based on the principle that an ‘accepted’ fetus is a ‘third person’. In developing countries, however, the implementation of the latter principle is likely to be in conflict with a ‘communitarian’ perception of the individual – in this case, the pregnant woman. Within the scope of the limitations to the right to autonomy of J.S. Mill's ‘harm principle’, the South African Patients’ Charter makes provision for informed refusal. The fact that, in practice, it is not implemented illustrates the well‐known difficulty of applying Western bioethical principles in real life in the developing world. (shrink)

In this essay I craft a procedure for evaluating claims of moral personhood that would allow us to answer ethical questions raised by issues like abortion, animal rights, artificial intelligence, etc. I focus specifically on the abortion debate as a case study for applying my procedure. I argue that our moral instincts have evolved to promote group cohesion, a necessary prerequisite of which is reliable identification of other group members. These are “persons” in the moral sense of the word. (...) However, while our moral intuitions may be good at picking out paradigmatic instances of moral persons, peripheral or putative instances of this category are a matter of intense debate. Further, I show that the attempt to clarify the boundaries of moral personhood by appealing to physical traits—what I characterize as the equation of moral personhood with ontological personhood—does not actually resolve the underlying ambiguity, nor does it answer the moral question why we ought to recognize moral rights in the first place. I argue instead for a three pronged inquiry that asks whether the entity in question is capable of articulating its own entitlement to moral consideration; if not, whether recognizing it as a moral person would facilitate the recognition of more paradigmatic instances of moral persons, or whether the failure so to recognize it would impede the recognition of more paradigmatic instances of moral persons; and whether the entity’s moral personhood can be recognized without cancelling or substantially burdening the moral rights of paradigmatic instances of moral persons. I argue that, applying this test, abortion is morally permissible, at least in the early stages of pregnancy when the vast majority of abortions occur anyway. (shrink)

Approaches to supporting autonomy in medicine need to be able to support complex and sensitive decision-making, incorporating reflection on the patient's values and goals. This should involve deliberation in partnership between physician and patient, allowing the patient to take responsibility for her decision. Nowhere is this truer than in decisions around pregnancy and Caesarean section where maternal autonomy can seem to directly conflict with foetal interests. Medical and societal expectations and norms such as the expectations of a ‘mother’, constraints of (...) making decisions in an emergency, and the role of technology in viewing the foetus as a separate patient and surgery as a guarantor of results can all act to limit a woman's autonomy. In considering decisions about Caesarean section, maternal interests in bodily integrity can be dismissed as being less important than the foetus's own interests and the mother's duties to it, despite the inherent risks and impacts of such a major surgical procedure... (shrink)

Although it has been something of a fetish for philosophers to distinguish between hallucination and illusion, the enduring problems for philosophy of perception that both phenomena present are not essentially different. Hallucination, in its pure philosophical form, is just another example of the philosopher’s penchant for considering extreme and extremely idealized cases in order to understand the ordinary. The problem that has driven much philosophical thinking about perception is the problem of how to reconcile our evident direct perceptual contact with (...) objects and properties with the equally evident fact that there is no phenomenological signal separating error and truth. “The obscure object of hallucination” offers a subtle and plausible solution to this problem and one that solves the problem generally, not just in the special case of hallucination. Johnston’s objective is to offer a theory of perception that meets two constraints: (1) that it provide an explanation of the possibility of delusive and veridical sensings that are indistinguishable from the first-person perspective and (2) that it count as form of direct realism where this is taken to involve acquaintance with the objects of perception. Johnston uses the first constraint to rule out disjunctivism. The second constraint is used to rule out conjunctivism, which as Johnston uses the term, includes most of the widely adopted philosophical theories of perception. Johnston also develops his own sophisticated and interesting theory of perception. In what follows, I will discuss the relation of Johnston’s theory to conjunctivism, examine one of his anti-conjunctivist arguments and finally compare Johnston’s theory with some other versions of direct realism. These topics constitute a very incomplete selection of the important issues discussed in this rich and interesting paper. I will also not disagree, in any fundamental way, with any of the central theses of Johnston’s discussion.. (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)

Kantian constructivists accord a constitutive, justificatory role to the issue of scope: they typically claim that first-order practical thought depends for its authority on being suitably acceptable within the right scope, or by all relevant others, and some Kantian constructivists, notably Onora O'Neill, hold that our views of the nature and criteria of practical reasoning also depend for their authority on being suitably acceptable within the right scope. The paper considers whether O'Neill-type Kantian constructivism can coherently (...) accord this key role to the issue of scope while adhering to the universalist, ‘cosmopolitan’ commitments at its core. The paper argues that this is not so. On the one hand, it shows that O'Neill's attempt to ‘fix’ the scope of practical reasoning supposes, rather than establishes, a view of ethical standing and the scope of practical reasoning. On the other hand, the paper argues that Kantian constructivism should endorse a non-constructivist, perfectionist view of the good to determine that scope. The paper thereby supports the perfectionist conjecture that Kantian constructivism, in order to defend its universalist commitments, should take refuge in non-constructivist, perfectionist considerations, and that Kantian constructivism should therefore construe perfectionism as a partial, though uneasy, ally. (shrink)

This thesis consists of four essays and an introduction dedicated to two main topics: indexicality and presupposition. The first essay is concerned with an alleged problem for the standard treatment of indexicals on which their linguistic meanings are functions from context to content. Since most indexicals have their content settled, on an occasion of use, by the speaker’s intentions, some authors have argued that this standard picture is inadequate. By demonstrating that intentions can be seen as a parameter of the (...) kind of context that characters operate on, these arguments are rejected. In addition, it is argued that a more recent, variable-based framework is naturally interpreted as an intention-sensitive semantics. The second essay is devoted to the phenomenon of descriptive uses of indexicals on which such an expression seems to contribute, not its standard reference as determined by its character, but a property to the interpretation. An argument that singular readings of the cases in question are incoherent is shown to be incorrect, and an approach to descriptive readings is developed on which they arise from e-type uses akin to other well known cases. Further, descriptive readings of the relevant kind are seen to arise only in the presence of adverbs of quantification, and all sentences in which such an adverb takes scope over an indexical are claimed to be ambiguous between a referential and an e-type reading. The third essay discusses a version of the variable analysis of pronouns on which their descriptive meanings are relegated to the so-called phi-features – person, gender and number. In turn, the phi-features are here seen as triggering semantic presuppositions that place constraints on the definedness of pronouns, and ultimately of sentences in which they appear. It is argued that the descriptive information contributed by the phi-features diverges radically from presuppositional information of both semantic and pragmatic varieties on several dimensions of comparison, and instead the main role of the phi-features is seen to be that of guiding hearers’ attempts to ascertain the speaker’s intentions. The fourth essay addresses an issue concerning the treatment of presuppositions in dynamic semantics. Representing a semantic treatment of pragmatic presuppositions, the dynamic framework is shown to incorrectly regard conversational infelicity as sufficient for semantic undefinedness, given the standard way of defining truth in terms of context change. Further, it is shown that a proposal for a solution fail to make correct predictions for epistemic modals. A novel framework is developed on which context change potentials act on contexts that have more structure than the contexts usually countenanced by dynamic semantics, and it is shown that this framework derives truth from context change while making correct predictions for both presuppositions and modals. (shrink)

A work of music is repeatable in the following sense: it can be multiply performed or played in different places at the same time, and each such datable, locatable performance or playing is an occurrence of it: an item in which the work itself is somehow present, and which thereby makes the work manifest to an audience. As I see it, the central challenge in the ontology of musical works is to come up with an ontological proposal (i.e. an account (...) of what sort of thing a work of music is) which enables us to explain what such repeatability consists in, whilst doing maximal justice to the way in which we conceive of musical works in our reflective critical and appreciative practice. To this end, many have found it tempting to defend some version or other of the type-token theory : the thesis that a work is a type and its occurrences are its tokens. Much of the early debate prompted by the publication of Jerrold Levinson's seminal 'What a Musical Work Is' in 1980 has taken the type-token theory for granted, choosing to focus on how musical works, qua types, are individuated. (A key question here has been whether we should hold, with the sonicist , that works are identical just in case they sound exactly alike; or whether we should agree with Levinson's contextualist thesis that exact sound-alikes are distinct, if composed in distinct musico-historical contexts.) More recently, however, the type-token theory itself has been put under pressure, and alternatives have been suggested. So, e.g. Gregory Currie and David Davies have held versions of the thesis that musical works (and artworks generally) are acts of composition, whilst Guy Rohrbaugh has recommended that we think more innovatively about our metaphysical categories, and treat musical works (along with all repeatable artworks) as historical individuals . Historical individuals, like particular substances, come into and go out of existence, could have been somewhat different than they are, and can change through time; but such items, unlike particular substances, are nonetheless capable of having occurrences. In the last few years, ontologists of music have also stepped back to consider the very nature of their enterprise. In particular, a debate has ensued concerning the cogency of ontological proposals (such as those of Nelson Goodman, Nicholas Wolterstorff and Julian Dodd) that are substantially revisionary of our folk concept of a work of music. Amie Thomasson, David Davies and Andrew Kania occupy, to a greater or lesser degree, the descriptivist standpoint, according to which such revisionary ontologies are misconceived. The debate between revisionists and descriptivists in the ontology of music – if prosecuted against the backdrop of an awareness of developments in meta-ontology more generally – is a particularly fertile area in the philosophy of music at present. Author Recommends Wollheim, Richard. Art and its Objects . 2nd ed. Cambridge: Cambridge University Press, 1980. This seminal study nicely introduces and motivates the type-token theory, and in the course of doing so, helpfully, although perhaps contentiously, distinguishes types from both sets and properties. Wollheim's treatment was to a large part responsible for stimulating the subsequent debate as to the ontological nature of musical works. Levinson, Jerrold. 'What a Musical Work Is.' Journal of Philosophy 77 (1980); reprinted in his Music, Art and Metaphysics , 63–88. This paper has, perhaps, been the most influential account of the nature of musical works, post-Wollheim. Presuming the type-token theory to be correct, Levinson elaborates it by claiming musical works to be, not sound structures (i.e. structured patterns of sound-types), but a species of types he calls indicated structures . According to Levinson, a work of music is not to be identified with its sound structure, S ; it is, in fact, a compound of S and a performance-means structure, PM , as indicated (typically, via a score) by its composer on a certain occasion : something that we can represent as S/PM -as-indicated-by- X -at- t . Such indicated structures, Levinson argues, fit the bill for being what works of music are, because they come into being with their indication (i.e. their composition), are individuated in terms of the musico-historical context in which they were composed, and have their specified performance-means (i.e. their instrumentation) essentially. Wolterstorff, Nicholas. Works and Worlds of Art . Oxford: Clarendon Press, 1980. Part I of this book sees Wolterstorff defend a Platonistic version of the type-token theory (although Wolterstorff calls them 'kinds' rather than 'types'). According to Wolterstorff, considerations about the existence conditions of types commit us to the thesis that works of music, qua types, are entities that cannot come into or go out of existence. Kivy, Peter. 'Platonism in Music: A Kind of Defence.' Grazer Philosophische Studien 19 (1983): 109–29. In this article, Kivy ingeniously (and wittily) defends a variety of Platonism about works of music against the animadversions of Levinson. Currie, Gregory. An Ontology of Art . New York: St, Martin's Press, 1989. Here Currie introduces and defends the thesis that works of music (and, indeed, all artworks) are compositional action-types. The book also contains some well-aimed criticisms of Levinson's account. Dodd, Julian. Works of Music: An Essay in Ontology . Oxford: Oxford University Press, 2007. In this book, Dodd defends the type-token theory, but argues that no version of it can escape the Platonisic consequence that musical works exist at all times (and hence, are discovered, rather than created, by their composers). Dodd also defends another controversial thesis, this time concerning musical works' individuation. According to Dodd, and pace Levinson and others, sonicism is correct: works that sound exactly alike are identical. Rohrbaugh, Guy. 'Artworks as Historical Individuals.' European Journal of Philosophy 11 (2003): 177–205. In this essay, Rohrbaugh makes some pointed criticisms of the type-token theory of repeatable artworks in the course of arguing that such works should be viewed, not as types, but as historical individuals (see above). Rohrbaugh suggests that treating musical works as historical individuals best captures our intuitions about such works' temporal and modal characteristics, and, in the course of elaborating his position, he makes some meta-ontological claims that see him endorsing a non-revisionary, descriptivist approach to the ontology of art. As Rohrbaugh sees it, ontologies of art are 'beholden to our artistic practices' (179), and 'aesthetics should not be beholden to the metaphysics on offer, but rather should drive new work in metaphysics' (197). Ridley, Aaron. 'Against Musical Ontology,' Journal of Philosophy 100 (2003): 203–220. This paper sees Ridley outlining a sceptical attitude towards the project of formulating ontological proposals. In his view, a 'serious philosophical engagement with music is orthogonal to, and may well in fact be impeded by, the pursuit of ontological issues' (203). Thomasson, Amie. 'The Ontology of Art and Knowledge in Aesthetics.' JAAC 63 (2005:221–9). Thomasson defends descriptivism in the ontology of art by arguing that such a position is a consequence of the only defensible solution to a problem in the theory of reference: the so-called 'qua' problem concerning how the reference of a term can be fixed. Davies, David. Art as Performance . Oxford: Blackwell, 2004. Davies' position is characterised by two theses: one methodological, the other ontological. The methodological claim is that the ontology of art faces a pragmatic constraint : roughly speaking, the ontology of art is answerable to the epistemology of art. The ontological claim is that the rigorous enforcement of the pragmatic constraint commits us to the thesis that all artworks are compositional action-tokens. Online Materials http://www.blackwell-compass.com/subject/philosophy/article_view?article_id=phco_articles_bpL173 Dodd, Julian. 'Musical Works: Ontology and Meta-Ontology.' Philosophy Compass 3/6 (2008): 1113–34. doi: [DOI link] http://www3.interscience.wiley.com/journal/118557784/abstract Thomasson, Amie. 'Debates about the Ontology of Art: What are We Doing Here?' Philosophy Compass 1/3 (2006): 245–55. doi: [DOI link] http://www3.interscience.wiley.com/journal/122517227/abstract Davies, David. 'Works and Performances in the Performing Arts.' forthcoming in Philosophy Compass . doi: [DOI link] http://plato.stanford.edu/entries/music/ Kania, Andrew. 'The Philosophy of Music.' Stanford Encyclopedia of Philosophy . Sample Mini-Syllabus Week 1: The Type/Token Theory Introduced Wollheim, Richard. Art and its Objects , §§4–8, 21–3, 35–7. Kivy, Peter. Introduction to a Philosophy of Music , chapter 11. Oxford: Clarendon Press, 2002. Dodd, Julian. Works of Music: An Essay in Ontology , chapter 1. Wolterstorff, Nicholas. Works and Worlds of Art , chapter 2. Week 2: The Type/Token Theory and Platonism in Music Wolterstorff, Nicholas. Works and Worlds of Art , chapter 2. Levinson, Jerrold. 'What a Musical Work Is'. Dodd, Julian. Works of Music: An Essay in Ontology , chapters 2–5. Kivy, Peter. 'Platonism in Music: A Kind of Defence.' Grazer Philosophische Studien 19 (1983): 109–29. Kivy, Peter. 'Platonism in Music: Another Kind of Defence.' American Philosophical Quarterly 24 (1987): 245–52. Predelli, Stefano. 'Against Musical Platonism.' British Journal of Aesthetics 35 (1995): 338–50. Caplan, Ben and Carl Matheson. 'Can a Musical Work be Created?' British Journal of Aesthetics 44 (2004): 113–34. Week 3: Musical Works as Indicated Structures Levinson, Jerrold. 'What a Musical Work Is'. Levinson, Jerrold. 'What a Musical Work Is, Again', in his Music, Art and Metaphysics . Ithaca, NY: Cornell UP, 1990. 215–63. Dodd, Julian. 'Musical Works as Eternal Types.' British Journal of Aesthetics 40 (2000). Davies, Stephen. Musical Works and Performances: A Philosophical Account , chapter 2. Oxford: Oxford University Press, 2000. Howell, Robert. 'Types, Indicated and Initiated.' British Journal of Aesthetics 42 (2002): 105–27. Caplan, Ben and Carl Matheson. 'Fine Individuation.' British Journal of Aesthetics 47 (2007): 113–37. Week 4: Musical Work as Historical Individuals Rohrbaugh, Guy. 'Artworks as Historical Individuals'. Dodd, Julian. Works of Music: An Essay in Ontology , chapter 6. Caplan, Ben and Carl Matheson. 'Defending Musical Perdurantism.' British Journal of Aesthetics 46 (2006): 59–69. Caplan, Ben and Carl Matheson. 'Defending "Defending Musical Perdurantism".' British Journal of Aesthetics 48 (2008): 331–37. Week 5: Musical Works as Compositional Actions Currie, Gregory. An Ontology of Art . New York: St, Martin's Press, 1989. Davies, David. Art as Performance . Oxford: Blackwell, 2004. Dodd, Julian. Works of Music: An Essay in Ontology , chapter 7. Week 6: Meta-ontology of Music: What are we Doing When we do the Ontology of Music? Ridley, Aaron. 'Against Musical Ontology'. Thomasson, Amie. 'The Ontology of Art and Knowledge in Aesthetics'. Thomasson, Amie. Ordinary Objects , chapter 11. OUP, 2007. Davies, David. 'The Primacy of Practice in the Ontology of Art.' Journal of Aesthetics and Art Criticism 67 (2009): 159–72. Kania, Andrew. 'Piece for the End of Time: In Defence of Musical Ontology,' British Journal of Aesthetics 48 (2008): 65–79. Kania, Andrew. 'The Methodology of Musical Ontology: Descriptivism and its Implications.' British Journal of Aesthetics 48 (2008): 426–44. Cameron, Ross. 'There are No Things That are Musical Works.' British Journal of Aesthetics 48 (2008): 295–314. Dodd, Julian. 'Musical Works: Ontology and Meta-Ontology.' Philosophy Compass 3/6 (2008): 1113–1134. doi: [DOI link] Focus Questions 1. Are musical works literally created by their composers? 2. Critically examine Levinson's thesis that musical works are 'indicated structures'. 3. What, if anything, is wrong with the thesis that musical works are identical just in case they sound exactly alike? 4. Should we immediately be sceptical of ontological proposals for works of music that are substantially revisionary of the way in which we ordinarily think of them? (shrink)

This paper addresses the question of whether the preverbal even (VP-even) embedded in a nonfinite clause can take wide scope (e.g., Bill refused to even drink WATER). The paper presents novel evidence for wide scope VP-even that is independent of the presuppositions of even. The evidence is based on examples of antecedent-contained deletion (ACD), where embedded VP-even associates with a nominal constituent (or part of it) that raises out of the embedded clause via quantifier raising. Assuming that even (...) must c-command the focus that it associates with, the case at issue forces VP-even to have wide scope, and further shows that VP-even in NPI-licensing contexts is not necessarily an NPI. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

_The Widening Scope of Self Psychology_ is a watershed in the self-psychological literature, being a contemporary reprise on several major clinical themes through which self psychology, from its inception, has articulated its challenge to traditional psychoanalytic thinking. The volume opens with original papers on interpretation by eminent theorists in the self-psychological tradition, followed by a series of case studies and clinically grounded commentaries bearing on issues of sex and gender as they enter into analysis. Two thoughtful reexaminations of (...) the meaning and treatment challenges of chronic rage are followed by clinical papers that focus, respectively, on mourning, alter ego transferences, resistance to change, and pathological identification. Applied analytic contributions and a review of Goldberg's _The_ _Prisonhouse of Psychoanalysis_ round out a collection that testifies not only to the widening scope of self psychology, but to its deepening insights as well. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Figures of Entanglement: Diffractive Readings of Barad, New Materialism, and Rhetorical Theory and Criticism ed. by Christopher N. Gamble and Joshua S. HananSavannah Greer DowningFigures of Entanglement: Diffractive Readings of Barad, New Materialism, and Rhetorical Theory and Criticism. Edited by Christopher N. Gamble and Joshua S. Hanan. Routledge, 2021. xvi + 122 pp. $168 (hardcover), $47.16 (electronic book). ISBN: 9780367903794.Rhetorical scholars have turned to various new materialist frameworks (...) to shift the discipline's historically anthropocentric focus and fully engage matter's rhetoricity. While all such frameworks attempt to challenge "the anthropocentric assumption that nonhuman matter is intrinsically passive or non-agential and thus external to or separable from (human) meaning," Figures of Entanglement enters this burgeoning conversation by centering the unique contributions of Karen Barad (xi, x). Readers may recognize this collection from a 2016 special issue of Review of Communication. Yet, with a new foreword by editors Christopher N. Gamble and Joshua S. Hanan and an afterword by Laurie Gries, this collection makes Barad's distinct approach to matter's rhetoricity even more apparent, underscoring its fruitful potential for new materialist rhetorics invested in ethical, political transformation.In the book's foreword Gamble and Hanan differentiate Barad's per-formative new materialism from "vital" as well as what they refer to as "negative" new materialisms to show the generative potential of Barad's framework and the notion of entanglement (x). Other new materialisms tend to be "inclusionary"—add matter and stir—and fail to complicate "the human" itself and its differences (xiv, xi). First, vital and negative new materialisms maintain a distinction between being and knowing, allowing humans to emerge with a unique capacity to "objectively observe and know the existence of something essential, determinate, and unchanging about [End Page 395] reality that precedes and remains unaffected by both its own activities and our observations of it" (xi). On the contrary, Barad's performative approach suggests that "no aspect of reality—including human thought, meaning, and observation—is in any sense external to matter or ever remains entirely unchanged by matter's ongoing performances" (x). Here, humans are not "outside" of observation, but all observation "human or otherwise" co-constitutes what is observed (xi). Second, failing to interrogate "the human" in an attempt to observe matter's vitality is an ethical flaw that makes other approaches less capable of grappling with difference: they have been charged with "erasing associations between race, gender, and matter" and (re)producing a homogenizing, "Western-colonialist notion of humanness" (xiv). In contrast, Barad's is a "thoroughly relational," performative new materialism (1).Barad's concept of "entanglement" draws attention to the indeterminacy of matter and meaning, but it is accompanied by an ethical imperative to examine how difference, human or otherwise, is produced and the implications of power imbalances that arise through these enactments. For Barad, the notion of entanglement does not dissolve difference; difference is what matters. Indeed, they give us a way of thinking about how performative intra-actions produce difference through material-discursive practices, or apparatuses—differences that may be expected but are not inevitable. Rhetorical scholars are therefore invited to interrogate the production of boundaries that cause harm and reconfigure them, rather than assume the discreteness of boundaries from the start. Gamble and Hanan thus make a convincing case for how Barad's work may contribute to important scholarship in decolonial and critical rhetorics for which vital and negative new materialisms are less equipped.Gamble and Hanan utilize the introduction to show how Barad's per-formative new materialism both "supports and affirms" rhetorical materialism, or rhetoric's materiality, and enriches it (5). Ushered in by Michael Calvin McGee, "standard" rhetorical materialism worked to challenge the centuries-old debate about rhetoric's secondary, supplementary status vis-à-vis philosophy by recognizing rhetoric as part of a "shifting and dynamic material history" (6). Building upon this view, Ronald Walter Greene utilizes Foucault's notion of the apparatus to demonstrate how even the "material history" McGee called our attention to is itself "produced by apparatuses"—history is not "outside" of meaning (6). Instead, rhetoric's materiality is a "publicity effect" produced through technologies of rhetoric and intersecting power... (shrink)

Parker’s article is a welcome attempt to address the importance of environmental sustainability in the realm of clinical ethics.1 We support the recent movement to seriously consider the environmental impact of healthcare institutions in bioethics.2 3 Still, we find two partly linked weaknesses of Parker’s analysis and guideline suggestion. These relate to a need in ‘green’ bioethics to see beyond the normal healthcare ethical focus on health-related values related to individual patients, and to primarily adopt institutional ways of framing central (...) decision problems. Traditional bioethics applies a restricted scope of values to assess clinical decisions: primarily health-related patient well-being (including life) and patient autonomy. If a decision improves (or, as in Parker’s inhaler case, maintains) a patient’s health-related well-being, this supports it. However, if a decision improves a patient’s non health-related well-being, say, winning a beauty contest or securing a job by having cosmetic surgery, it is not supported. And so on. This idea of healthcare as, in Michael Walzer’s classic terminology, a separate ‘sphere of justice’ has two interrelated limitations: it reflects a bias towards individual patients over other people, and it restricts the scope of values allowed to influence healthcare ethical judgements. These limitations appear once we see that the issue addressed by Parker can be framed either as prescription decisions taken by individual doctors against the background of …. (shrink)

This essay presents a point of view for looking at `free will', with the purpose of interpreting where exactly the freedom lies. For, freedom is what we mean by it. It compares the exercise of free will with the making of inferences, which usually is predominantly inductive in nature. The making of inference and the exercise of free will, both draw upon psychological resources that define our ‘selves’. I examine the constitution of the self of an individual, especially the involvement (...) of personal beliefs, personal memories, affects, emotions, and the hugely important psychological value-system, all of which distinguish the self of one individual from that of another. The foundational position that adopted in this essay is that all psychological processes are correlated with corresponding ones involving large scale neural aggregates in the brain, communicating with one another through wavelike modes of excitation and de-excitation. Of central relevance is the value-network around which the affect system is organized, the latter, in turn, being the axis around which is assembled the self, with all its emotional correlates. The self is a complex system. I include a brief outline of what complexity consists of. In reality all systems are complex, for complexity is ubiquitous, and certain parts of nature appear to us to be ‘simple’ only in certain specific contexts. It is in this background that the issue of determinism is viewed in this essay. Instead of looking at determinism as a grand principle entrenched in nature independent of our interpretation of it, I look at our ability to explain and to predict events and phenomena around us, which is made possible by the existence of causal links running in a complex course that set up correlations between diverse parts of nature, in this way putting the stamp of necessity on these events. However, the complexity of systems limits our ability to explain and to predict to within certain horizons defined by contexts. Our ability to explain and predict in matters relating to acts of free will is similarly limited by the operations of the self that remain hidden from our own awareness. The aspects of necessity and determinism appear to us in the form of reason and rationality that explain and predict only within a limited horizon, while the rest depends on the complex operation of self-linked psychological resources, where the latter appear as contingent in the context of the exercise of free will. The hallmark of complex systems is the existence of amplifying factors that operate as destabilizing ones, along with inhibiting or stabilizing factors as well that generally limit the destabilizing influences to local occurrences, while preserving the global integrity of a system. This complex interplay of destabilizing and stabilizing influences lead to the possibility of an enormous number of distinct modes of behavior that appear as emergent phenomena in complex systems. Looking at the particular case of the self of an individual that guide her actions and thoughts, it is the operation of our emotions, built around the psychological value-system, that provide for the amplifying and inhibiting factors mentioned above. The operation of these self-linked factors stamps our actions and thoughts as contingent ones that do not fit with our concepts of reason and rationality. And this is what provides the basis of our idea of free will. Free will is not ‘free’ in virtue of exemption from causal links running through all our self-based processes - ones that remain hidden from our awareness, but is free of what is perceived to be ‘reason and rationality’ based on knowledge and the common pool of beliefs and principles associated with a shared world-view. When we speak of the choice involved in an act of exercise of free will what we actually refer to is the commonly observed fact that various different individuals of a similar disposition respond differently when placed under similar circumstances. In other words, free will is ‘free’ precisely because it is not subject to constraints of a commonly accepted and shared set of principles, beliefs, and values. While it is possible that, in an exercise of free will, the self-linked psychological resources are brought into action when a number of alternatives are presented to the self by the operation of the ingredients of a commonly shared world-view, it seems likely that, that set of alternatives is not of primary relevance in the final response that the mind produces, since the latter is primarily a product of the operation of the self-based psychological resources. What is of greater relevance here is the operation of emotion-driven processes, guided by the psychological value-system based on the activity of the so-called reward-punishment network in the brain. These processes lead the individual to a response that appears to be free from the shackles of determinism precisely because their mechanisms, which are hidden from us, do not conform to commonly accepted and shared rules and principles. In contrast, inductive inference is a process that is based on the ‘cognitive face’ of self, where the self-based psychological resources play a supportive role to the commonly shared world-view of an individual. There is never any freedom from the all-pervading causal links representing correlations among all objects, entities, and events in nature. In the midst of all this, the closest thing to freedom that we can have in our life comes with self-examination and self-improvement. The possibility of self-examination appears in the form of specific conjunctions between our complex self-processes and the ceaseless changes of scenario in our external world. This actually makes the emergent phenomenon of self-examination a matter of chance, but one that keeps on appearing again and again in our life. Once realized, self examination creates possibilities that would not be there in the absence of it, and these possibilities include the enhancement of further self-enrichment and further diversity in the exercise of our free will. (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:260 HISTORY OF PHILOSOPHY and 8, although hc proposed no emendation of the text. [Raven's work is nowhere mentioned by Loenen, not even in connection with fr. 4 where he and Raven are in agreement, yet where he says "... all present-day authors assume this passage to refer to the material world," Raven believes with Loenen that the passage does not refer to the material world.] With regard to (...) Loenen's sensu stricto ~ar~, all commentators realized that Parmenides was at least some of the time using ~a~Lto denote necessity of existence and essence. Loenen does valuable work in emphasising this, but the observation is not revolutionarily original. Vlastos, following yon Fritz, argued (in Gnomon [1953]) that, for Parmenides, nothing exists but thought. Vlastos' arguments were not on as many fronts as are Loenen's, and Loenen develops the interpretation much further. Aristotle and Simplicius were the first of many who believed Parmenides to be a dualist, to have posited two worlds, fa ata~ra and ~& ~a~a, between which there was no causal relationship. Although there is much originality in Loenen's development and argument for his theses, it is nevertheless true that on the three grounds on which he lays claim to originality (introduction, pp. 3-5), his views have considerable precedents. M. C. SCHOLAR St. John's College, Cambridge Plato and the Individual. By Robert William Hall. (The Hague: Martinus Nijhoff, 1963. Pp. 224.) Professor Hall's main thesis is that Plato's ethical thought underwent a gradual and significant development and that in the face of this fact the mature Plato is neither a halfhearted moral philosopher, nor a utilitarian, but completely committed to the substantiality and immortality of the soul. The first issue is raised so that the claim that Plato reserved the ethical ideal only for the specialists in philosophical reflection can be dismissed as groundless. The second problem is discussed in order to demonstrate beyond doubt that Plato's later moral views went beyond the limited ethics of consequences that dominates the early Socratic dialogues. But it is the third issue that constitutes the core of Hall's book, and the discussion here is undertaken in order to identify the metaphysical principle to which Plato appealed when he reconstructed his ethics from an initially quite aristocratic affair into a publicly available ideal that was rendered universal in scope and attainment. Dr. Hall argues that if knowledge of the Forms is unconditionally required for genuine morality, then only the philosophically gifted can rise to the lofty occasion. Being himself a strong advocate of a moral ideal open to all human beings, Dr. Hall does not hesitate to challenge Plato's views with this formidable problem: If we suppose Plato's views grant to the ordinary individual nothing more than a second class morality, he hardly deserves his reputation as a great ethical thinker. In line with this question the author devotes the entire first chapter to an interesting discussion on the sources of modern democratic individualism as supported by the best in the Christian tradition and then uses his findings to test the strength of Plato's moral fiber. But the author knows all along that Plato will emerge unscathed. His purpo~ then is not so much to show that Plato actually held that view as it is to take the reader through the meandering paths only the modem scholar and erudite interpreter of the dialogues know how to travel best and by which it is believed Plato himself must have been able to reach the summit of the superb answer. Since Dr. Hall discerns two different available moralities in Plato, an "aristocratic" and a "demotic," he also finds it necessary to distinguish between the morality of the excellences of the individual man and the excellence of the philosopher. When all is told, it turns out that Plato's development as an ethical philosopher moves from a high-minded kind of utilitarianism based on arete, inherited from Socrates, to a non-utilitarian conception of virtue which is Plato's own discovery and contribution. The pivotal point is found to be in the Republic where the central problem is to justify the inherent value of... (shrink)

Chapter 1 First Person Access to Mental States. Mind Science and Subjective Qualities -/- Abstract. The philosophy of mind as we know it today starts with Ryle. What defines and at the same time differentiates it from the previous tradition of study on mind is the persuasion that any rigorous approach to mental phenomena must conform to the criteria of scientificity applied by the natural sciences, i.e. its investigations and results must be intersubjectively and publicly controllable. In Ryle’s view, philosophy (...) of mind needs to adopt an antimentalist stance to achieve this aim. Antimentalism not only definitively rejects the idea that mind is a substance separated from the body, it also denies that mental phenomena radically differ from physical phenomena by virtue of several unique features. Most problematically, mental phenomena have a conscious character (mental states are related to specific qualitative feelings) and are accessible only to the first-person (only the subject knows directly what s/he is experiencing inside his/her mind). Ryle takes a strong stance on antimentalism going so far as to maintain that an approach to mind which aims to meet the criteria of scientificity set by the natural sciences must avoid any reference to internal, unobservable mental states. In his view (which is considered a specifically philosophical version of psychological behaviorism and also addresses questions put forward in psychological research), mental states can be redescribed in terms of behavioral dispositions. In this chapter, we address the historical roots of the antimentalist view and analyze its relation to the later tradition of research on mind. We show that, compared to the antimentalist stance, functionalism and cognitivism take a step back when they maintain that direct reference to mental states is necessary since mental states cause and therefore explain human behavior. This step backwards is often interpreted as a return to mentalism. However, this is only partially true. Indeed, we suggest that these later traditions retain one important element of Ryle’s antimentalism, i.e. the idea that mental states must be uniquely identified using external and publicly observable criteria, while excluding any reference to introspection and those qualitative dimensions of a mental state, which are accessible only to the first-person. According to the perspective we put forward, this epistemological stance has continued to influence contemporary research on mind and current philosophical and psychological theories which both tend to exclude the subjective qualities of human experience from their accounts of how the mind works. The issue we raise here is whether this is legitimate or whether subjective qualities do play a role with respect to the way our mind works. The conclusion of this chapter anticipates the argument the book makes in in favor of this latter position, starting from a particular angle, i.e. the problem of how we categorize concepts related to our internal states. -/- Chapter 2 The Misleading Aspects of the Mind/Computer Analogy. The Grounding Problem and the Thorny Issue of Propriosensitive Information -/- Abstract. After the crisis of behaviorism, cognitivism and functionalism became the predominant models in the field of psychology and of philosophy, respectively. Their success is mainly due to the new key they use for interpreting mental processes: the mind/computer analogy. On the basis of this analogy, mental operations are seen as cognitive processes based on computations, i.e. on manipulations of abstract symbols which are in turn understood as informational unities (representations). This chapter identifies two main problems with this model. The first is how these symbols can relate to and communicate with perception and thus allow us to identify and classify what we perceive through the senses. Here we limit ourselves to presenting this issue in relation to the classical symbol grounding problem originally put forward by Harnad on the basis of Searle’s Chinese room argument. An attempt to address the problem raised here will be made in chap. 3. The second point we discuss in relation to the mind/computer analogy concerns the idea of information it fosters. Indeed, following this analogy, information is something available in the external world which can be captured by the senses and transmitted to the central system without being influenced or modified by the procedures of transmission. This perspective does not take into account that – unlike computers – in living beings information is acquired by means of the body. As Ulric Neisser has already pointed out, the body is itself an informational source that provides us with additional sensory experience that influences (modifies or complements) the information extracted from the external world by the senses. To develop this line of analysis and to determine exactly what information is provided by the body and how this might influence cognition, we examine Sherrington’s and Gibson’s positions. Moving on from their views, we qualify bodily information in terms of ‘proprioception’. We use ‘proprioception’ in a broad sense to describe any kind of experience we have of our internal states (including postural information as well as sensations related to the general state of the body and its parts). Following Damasio’s and Craig’s studies, we further elaborate this position, arguing that living beings are equipped with an internal propriosensitive monitoring system which maps all the changes that constantly occur in our body and that give us perceptual (‘proprioceptive’ or propriosensitive) information about what happens inside us. Moreover, relying on Goldie’s and Ratcliffe’s view, we show that emotional information can also be considered as a form of ‘proprioception’ which contributes to determining everything we perceive. This analysis leads us to the second main thesis of this book: ‘proprioception’ is a form of internal perception and it is an essential component of the sensory information we can access and use for all cognitive purposes. -/- Chapter 3 Semantic Competence from the Inside: Conceptual Architecture and Composition -/- Abstract. Concepts are essential constituents of thought: they are the instruments we use to categorize our experience, i.e. to classify things and group them together in homogeneous sets. Here we define concepts as the internal mental information (representations) that allows us, among other things, to master words in natural language. By analyzing the way in which individuals master word meanings we explore a number of hypotheses regarding the nature of concepts. Following Diego Marconi’s research, we differentiate between two kind of abilities that underpin lexical competence – so-called ‘referential’ and ‘inferential competence’ – and we suggest that, in order to support these abilities, concepts must also include two corresponding kinds of information, i.e. inferential and referential information. We point out that the most widely used and acknowledged theories of concepts do not make this distinction, instead broadly characterizing the information used for categorization in terms of propositionally described feature lists. However, we show that while feature lists can explain inferential competence, they do not account for referential competence. To address the issue of referential competence we examine Ray Jackendoff’s hypothesis that to account for the possibility of linking perceptual and conceptual information we need to assume the existence of a (visual) representation that encodes the geometric and topological properties of objects and bridges the gap between the percept and the concept. Furthermore, we analyze the extension of this work by Jesse Prinz who introduced the notion of a proxytype, a perceptual representation of a class of objects that incorporates structural and parametric information related to their appearance. However, as we point out, proxytypes can only explain the relationship between perception and concepts with respect to instances that can be perceived through the senses and that belong to the same class by virtue of their physical similarity. We suggest that this notion be extended to include larger conceptual classes. To accomplish this, we further develop Mark Johnson, George Lakoff and Jean Mandler’s idea of a schematic image and argue that conceptual representations include a perceptual schema. Perceptual schemata are non-linguistic, structured experiential gestalts (patterns or maps) that make use of information taken from all sensory modalities, including body perception. They accomplish a quasi-conceptual function: they allow us to recognize and to classify different instances. In this work, we hypothesize that perceptual schemata are an essential component of concepts, but not identical to them. Instead, we suggest that concepts include both perceptual and propositional information with perceptual schemata providing the ‘perceptual core concept’ that grounds related propositional information. -/- Chapter 4 In the Beginning There Were Categories. The Bodily Origin of Prelinguistic Categorical Organization: The Example of Folkbiological Taxonomies -/- Abstract. Studies of categorization in psychology and the cognitive sciences have made use of the notions of ‘category’ and ‘concept’ without precisely defining what is meant by either; in fact, often these terms have been used as synonyms, making it difficult to address specific issues related to conceptual development. This chapter begins by discussing the definitions of, as well as the distinctions between, ‘categories’ and ‘concepts’ in the classical philosophical tradition (Aristotle, Kant and Husserl). We introduce our view of categories with reference to Husserl. Categorization is defined as the way in which our experience is originally (pre-linguistically) organized in a passive and fully unconscious manner on the basis of universal structuring principles. Conceptualization is explained as a later process in which the earlier categorical macro-classes are further subdivided into more specific and detailed sets; this later process also relies on linguistic learning and exposure to culture. On the basis of Ray Jackendoff, Jean Mandler, George Lakoff and Mark Johnson’s work, we hypothesize that categorization is a two-step process that begins with the formation of homogeneous sets of entities partitioned into regions that describe the ontological boundaries of the objects that humans perceive (categories) and continues at a later stage with the development of more specific classifications (concepts). In this chapter, we mainly address three related issues: Why should we assume that there is categorical organization which precedes the development of a conceptual system? How do categories and concepts relate to each other? Shall we hypothesize that categories are innate or that they are formed before concepts on the basis of information and organizational structure available at a very early developmental stage? We show that categorical partitions are necessary for categorization and, following Mandler, that the general categories we form at an early age do not match our adult superordinate concepts. As for the third issue, we argue that there might be no need to assume that categories are innately present in the human mind, since their formation can be explained – at least in certain cases – by basic mechanisms that work on body (propriosensitive) information. This hypothesis will not be discussed in general, but in relation to a particularly relevant example of categorical partition, i.e. the folk-biological dichotomy between ANIMATE/INANIMATE. This is compared with other dichotomies that derive from it, but are not directly categorical such as LIVING/NON-LIVING and BIOLOGICAL/NON-BIOLOGICAL. -/- Chapter 5 Internal States: From Headache to Anger. Conceptualization and Semantic Mastery -/- Abstract. Here we ask if we can also apply the distinction between referential and inferential competence we introduced in Chapter 3 to words that do not refer to things that are perceived using the external senses, especially to words/concepts that denote bodily experiences (such as pain, thirst, hunger, etc.) or emotions. We introduce and discuss the hypothesis that – even though such words/concepts do not refer to intersubjectively identifiable entities in the external world – they do have a kind of referent that can be accessed via direct perception, more specifically ‘proprioception’, as we have defined it in terms of all propriosensitive information we can consciously access. In the first part of the chapter, we specifically consider terms denoting bodily experiences such as ‘pain’ or ‘hunger’ and argue that their referents are identified and classified from a first-personal point of view on the basis of four main characteristics: their specific intensity, their localization in the body, their co-occurrence with other signals and above all their specific qualitative sensations. Emotions are addressed in the second part of the chapter. We suggest that there is a continuity between bodily experiences and emotions. In particular, we argue for a perceptual theory of emotions in line with that proposed by James and Lange at the end of the 19th century and developed more recently by authors such as Damasio (see also chap. 2§5, §6). The hypothesis we put forward is that the referential information that supports the categorization of emotions and therefore also our mastery of terms referring to emotions consists in the perception (i.e. the ‘proprioception’) of those bodily states and changes in bodily states which constitute our emotional experience. In the context of this discussion we examine some objections to this line of reasoning that arise from a cognitivist perspective and following authors such as Oatley, Johnson-Laird and Frijda, we distinguish between basic emotions that can be identified and classified solely on the basis on how they feel and complex emotions whose identification and classification additionally depends on cognitive factors. To describe how emotions are identified and classified on the basis of how they feel, we rely on Marcel and Lambie’s distinction between an ‘emotion state’ and an ‘emotion experience’. Both notions indicate kinds of feelings that we consciously experience. However, they describe first-order and second order emotion awareness respectively. The emotion state is the feeling we have of the bodily states and changes that occur when we are experiencing an emotion, while the emotion experience is the fully developed and integrated emotion we both experience and are, with reflection, aware of experiencing. On the basis of this differentiation, we also show that the same characteristics that aid in the identification and classification of bodily experiences (specific qualitative sensations; somatic localization; specific intensity; presence/absence of specific concomitant sensations) can also be used for the identification and classification of emotions – at least basic emotions. In the last two sections of the chapter we present some clinical evidence on the semantic competence of people who suffer from Alexithymia and Autism Spectrum Disorder which supports the conclusions of our preceding analyses. -/- Chapter 6 The ‘Proprioceptive’ Component of Abstract Concepts -/- Abstract. In this chapter, we address the issue of whether the mastery of abstract words requires only inferential knowledge and thus, if the concepts that support the mastery of abstract words include only linguistic information. We start by differentiating the notions of ‘abstract’ and ‘general’ which are often erroneously confused. We then identify a strict definition of abstract, as contrasted with ‘concrete’, that applies to words or concepts whose referent cannot be experienced by the senses. We argue that abstract words/concepts would be better described as theoretical, because they are usually conceived as structured sets of inferential knowledge expressed linguistically; that is, as small theories. Pointing out parallels with Carnap’s analysis of this issue in philosophy of science, we hypothesize that words/concepts denoting non-observable entities are not all ‘equally theoretical’, because their link to sensory experience can be stronger or weaker. We revive the distinction, inspired by Quine, between theoretical and intertheoretical concepts/words. This distinction relies on the fact that the former – unlike the latter – retains a strong, although indirect, connection with perception. In Quine’s discussion, perception is understood uniquely in terms of observability, i.e. of external sensory experience. Here we argue, however, that bodily, ‘proprioceptive’ (i.e. propriosensitive) experience can also serve to referentially ground theoretical (i.e. abstract) concepts/words. We frame this issue using the example of the theoretical concept ‘freedom’ and Lakoff’s hypothesis that this concept is developed on the basis of bodily information. We contrast this with the example of ‘democracy’ which more closely resembles an intertheoretical concept/word. Furthermore, we show that one of the classical views put forward in psycholinguistic research to explain how abstract concepts are mentally represented – i.e. Paivio’s Dual Coding Theory – points in the same direction as our analysis. The same is true of Barsalou’s work suggesting that we use internal information to understand at least some abstract words. To sustain this position, we put forward two lines of evidence: the first comes from psycholinguistic studies while the second examines deficits of semantic competence exhibited by people with Autism Spectrum Disorder. On the basis of our analysis, we put forward a classification that distinguishes between different kinds of concreteness and different degrees of abstraction: concepts/words referring to body experiences and basic emotions are described as analogous to concrete concepts/words because they are grounded in perceptual (i.e. propriosensitive) experience, while abstract concepts/words are considered more or less abstract depending on whether they are intratheoretical (and rely entirely on inferential information) or theoretical (and are partially grounded in perceptual – or more often in propriosensitive perceptual – information). In the last section of the chapter we consider two scales that have been used in psycholinguistic research to measure the degree of concreteness vs. abstractness of words and we show that – used conjointly – they can provide a measure of the internal vs. external grounding of specific words. (shrink)

Definition of the problem:Truog’s critique of the ”brain death” concept outlines inconsistencies well understood in the U.S. ethical debate, while he is one of the first to suggest returning to the traditional, coherent concept of death, thus breaking with the ”dead-donorrule.” The German transplantation law of 1996 endorses equating ”brain death” with death. A defeated draft, however, had acknowledged that irreversible total brain failure is a death-near state with a zero prognosis; organ harvesting, then, was to be allowed only in (...) case of prior personal consent. The politically effective objection against this concept was its admitted violation of the dead-donorrule and thus its (incorrectly) alleged precedent potential for legalising active euthanasia. Truog’s suggestion to justify organ explantation on the grounds of ”consent and nonmaleficence” would have fuelled German counter-critics had they known it. The problem is how to justify organ harvesting after breaking the dead-donorrule. Arguments: With the allegation that ”imminent death” and ”irreversible coma” allow concluding that there is ”no harm,” Truog ironically returns to the weak arguments traditionally used to support the ”brain death” concept. His suggestion opens the door to a wide array of eligible organ donors (and, indeed, to a precedential case for active euthanasia). The euphemistic tradition of the ”brain death” concept, perhaps a prominent reason for public scepticism towards transplantation, will be perpetuated unless it is acknowledged that the interference of organ explantation with the donor’s dying process does as such constitute ”harm” to this individual. Organ harvesting, then, requires prior personal consent and needs to be clearly differentiable from any act of ”killing” if it is to be compatible with the law, acceptable to surgeons and not a precedent for active euthanasia. A close look at the actual procedure reveals that consent has invariably the effect of prolonging, not shortening the factual life span of the person in whom irreversible total brain failure has been diagnosed. This peculiarity distinguishes organ explantation from all other forms of terminating a person’s life and is not congruent with the ethical and legal notion of ”killing”. Conclusion: Breaking the dead-donorrule by allowing for the donor to give prior personal consent to organ explantation as a procedure that is going to interfere with his or her dying can be justified, informed consent provided, without setting foot on a slippery slope. (shrink)