Collection of original essays on human rights Content: Höffe, Otfried: Transzendentaler Tausch. Eine Legimitationsfigur für Menschenrechte? Tugendhat, Ernst: Die Kontroverse um die Menschenrechte. Lohmann, Georg: Menschenrechte zwischen Moral und Recht. Koller, Peter: Der Geltungsbereich der Menschenrechte. Wildt, Andreas: Menschenrechte und moralische Rechte. Gosepath, Stefan: Zu Begründungen sozialer Menschenrechte. O'Neill, Onora: Transnationale Gerechtigkeit. Böckenförde, Ernst-Wolfgang: Ist Demokratie eine notwendige Forderung der Menschenrechte?. Alexy, Robert: Die Institutionalisierung der Menschenrechre im demokratischen Verfassungsstaat. Wellmer, Albrecht: Menschenrechte und Demokratie. Dworkin, Ronald: Freiheit, Selbstregierung und (...) der Wille des Volkes. Okin, Susan Moller: Konflikte zwischen Grundrechten. Shue, Henry: Menschenrechte und kulturelle Differenz. Pogge, Thomas: Menschenrechte als moralische Ansprüche an globale Institutionen. (shrink)

John Christman has argued that constitutively relational accounts of autonomy, as defended by some feminist theorists, are problematically perfectionist about the human good. I argue that autonomy is constitutively relational, but not in a way that implies perfectionism: autonomy depends on a dialogical disposition to hold oneself answerable to external, critical perspectives on one's action-guiding commitments. This type of relationality carries no substantive value commitments, yet it does answer to core feminist concerns about autonomy.

English summary: The freedom potential of modern societies, above all the justification of political authority, is today linked to a democratically constituted order. What is meant by the idea of being democratic seems, however, to be anything but clear. Is it only a question of representing the people through elections, ballots, and political parties, or does it include institutional culture, the division of powers, and the legal regime within a community? A "philosophy of the republic," as developed in this volume's (...) contributions, shows that the current "dominance of the democratic" falls short of accounting for the independent significance to the republican self-organisation of state and society. German description: Das Freiheitspotential moderner Gesellschaften, vor allem die Rechtfertigung politischer Herrschaft, wird heute mit einer demokratisch verfassten Ordnung verknupft. Was eine demokratische Ordnung ausmacht, was also die Idee des Demokratischen meint, scheint aber alles andere als klar zu sein. Soll es nur um Fragen der Reprasentation des Volkes durch Wahlen, Abstimmungen und Parteien oder daruber hinaus auch um die institutionelle Kultur, die Gewaltenteilung und das Rechtsregime innerhalb eines Gemeinwesens gehen? Eine "Philosophie der Republik," wie sie in den Beitragen dieses Bandes entwickelt wird, kann zeigen, dass die aktuelle "Dominanz des Demokratischen" keine eigenstandige Bedeutung der republikanischen Selbstorganisation von Staat und Gesellschaft beimisst. Mit Beitragen von: David Abraham, Andreas Anter, Susanne Beck, Jochen Bung, Daniela Demko, Horst Dreier, Andrea Marlen Esser, Helmut Goerlich, Bernd Grzeszick, Klaus Gunther, Matthias Kaufmann, Jean-Francois Kervegan, Thomas Khurana, Stephan Kirste, Oliver Lembcke, Rochus Leonhardt, Georg Lohmann, Wolfgang Schild, Christian Schmidt, Thomas Schmidt-Lux, Kurt Seelmann, Hannes Siegrist, Pirmin Stekeler-Weithofer, Trevor Wedman, Marc Andre Wiegand, Benno Zabel, Sabrina Zucca-Soest. (shrink)

This essay explores the connection between representation and explanation in the sciences. I suggest that scientific representation schemes be viewed as pragmatic tools for acquiring the sort of articulated awareness that is the hallmark of nontrivial knowledge. Crystal field theory in chemistry illustrates this perspective. Certain representations achieve the status of being paradigmatically explanatory, thereby shaping models of intelligibility. In turn, these explanatory preferences serve largely to define and differentiate disciplinary communities by implicitly endorsing particular epistemic aims and values. In (...) this way, the pragmatic nature of explanatory discourse effectively grants its intellectual utility. (shrink)

Most contemporary chemists consider quantum mechanics to be the foundational theory of their discipline, although few of the calculations that a strict reduction would seem to require have ever been produced. In this essay I discuss contemporary algebraic and diagrammatic representations of molecular systems derived from quantum mechanical models, specifically configuration interaction wavefunctions for ab initio calculations and molecular orbital energy diagrams. My aim is to suggest that recent dissatisfaction with reductive accounts of chemical theory may stem from both the (...) inability of standard accounts of reduction to incorporate the diverse forms of representation found in chemical practice and our philosophical predilection to analyze all connections between theories in terms of logical reduction. (shrink)

Herders Metakritik aus dem Jahr 1799 ist ein Generalangriff auf Kants Kritik der reinen Vernunft und den beginnenden Kantianismus an der Universitat Jena, zu dem Herder offensichtlich auch die Philosophie Fichtes rechnet. Bei den Zeitgenossen war dieses Werk Herders Ruf als Philosoph nicht eben zutraglich. Die Nachwelt aber kann Herders auf Hamann gestutzte, sprachanalytisch verfahrende Kritik auch einer kritisch bereinigten Metaphysik als Vorbereitung des linguistic turn der Philosophie des 20. Jahrhunderts ganz neu schatzen und interessiert sich fur den Ansatz eines (...) holistischen, lebensphilosophischen Naturalismus und seine unausgeschopften Potentiale. - Die in diesem Band versammelten Beitrage versuchen, die schwierigen Lehrstucke dieses Werks transparent zu machen, und werfen ein Licht auf den Entstehungs- und Wirkungskontext dieser so lange vernachlassigten Schrift. - Mit Beitragen von Andreas Arndt, Manfred Baum, Oswald Bayer, Martin Bondeli, Markus Buntfuss, Marion Heinz, Petra Lohmann, Angelica Nuzzo, Violetta Stolz, Pierluigi Valenza, Rainer Wisbert und Gunter Zoller. (shrink)

Logical form has always been a prime concern for philosophers belonging to the analytic tradition. For at least one century, the study of logical form has been widely adopted as a method of investigation, relying on its capacity to reveal the structure of thoughts or the constitution of facts. This book focuses on the very idea of logical form, which is directly relevant to any principled reflection on that method. Its central thesis is that there is no such thing as (...) a correct answer to the question of what is logical form: two significantly different notions of logical form are needed to fulfil two major theoretical roles that pertain respectively to logic and to semantics. This thesis has a negative and a positive side. The negative side is that a deeply rooted presumption about logical form turns out to be overly optimistic: there is no unique notion of logical form that can play both roles. The positive side is that the distinction between two notions of logical form, once properly spelled out, sheds light on some fundamental issues concerning the relation between logic and language. (shrink)

Is logic masculine? Is women's lack of interest in the "hard core" philosophical disciplines of formal logic and semantics symptomatic of an inadequacy linked to sex? Is the failure of women to excel in pure mathematics and mathematical science a function of their inability to think rationally? Andrea Nye undermines the assumptions that inform these questions, assumptions such as: logic is unitary, logic is independenet of concrete human relations, and logic transcends historical circumstances as well as gender. In a (...) series of studies of the logics of historical figures--Parmenides, Plato, Aristotle, Zeno, Abelard, Ockham, and Frege--she traces the changing interrelationships between logical innovation and oppressive speech strategies, showing that logic is not transcendent truth but abstract forms of language spoken by men, whether Greek ruling citizens, or scientists. (shrink)

Previous research has shown that subliminally presented stimuli accelerate or delay responses afforded by supraliminally presented stimuli. Our experiments extend these findings by showing that unconscious stimuli even affect free choices between responses. Thus, actions that are phenomenally experienced as freely chosen are influenced without the actor becoming aware of the manipulation. However, the unconscious influence is limited to a response bias, as participants chose the primed response only in up to 60% of the trials. LRP data in free choice (...) trials indicate that the prime was not ineffective in trials in which participants chose the non-primed response as then it delayed performance of the incongruently primed response. (shrink)

In this paper, Andrea Fiore sketches the notion of familiarity in Dewey's thought, particularly in its relations with education, aesthetics, and art. The importance of that notion emerges in Dewey's well-known writings such as How We Think, The School and Society, and Art as Experience, where he shows that not only does familiarity play a fundamental role in our lives, but it also constitutes a helpful tool to make our experience deeper and richer. This is particularly evident in two (...) aspects or functions related to familiarity: recognition and interpretation. For Dewey, especially the latter has an educational value through aesthetics and art, because it allows us to activate the peculiar capacity of human beings to transform the quality of experience. (shrink)

In this paper I explore the prospects of a Neo-Aristotelian position—according to which the difference between the human species and non-human animals is a difference in ‘form’—in the context of the question of how the human form of life is related to the idea of education. Two interpretations of this idea have been suggested by contemporary Neo-Aristotelian philosophy that offer contrasting accounts of the role played by education. According to the first, the idea of a formal difference goes with a (...) notion of potentiality, according to which the distinctiveness of the human is mainly a product of education, and hence a matter of second nature. According to the second, the idea of the human is the idea of a formally distinctive kind of first nature that explains the very possibility of education. I maintain that both interpretations do justice to an important aspect of human life yet fail fully to grasp the significance of the notion of ‘form’ that they employ. I argue that to embrace the insight that the difference of the human is a difference in ‘form’, we must think of the human as a form of life whose very concept contains the concept of education. The concept of education, I argue, is a logical concept, contained in the concept of life that it describes. (shrink)

This paper claims that there is no such thing as the correct answer to the question of what is logical form: two significantly different notions of logical form are needed to fulfil two major theoretical roles that pertain respectively to logic and semantics. The first part of the paper outlines the thesis that a unique notion of logical form fulfils both roles, and argues that the alleged best candidate for making it true is unsuited for one of the two roles. (...) The second part spells out a considerably different notion which is free from that problem, although it does not fit the other role. As it will be suggested, each of the two notions suits at most one role, so the uniqueness thesis is ungrounded. (shrink)

The aim of this article is to question the nature of the socio-anthropological approach in Lefort’s thought. The author explores the complex relationship between Lefort and the Durkheimian French school of sociology in four stages: in the first, he shows Lefort as a sociologist ‘worthy of its name’ or, in other words, a sociologist interested in questioning the ‘institution of the social’. In the second, he focuses on the disturbing elements that Lefort introduces: the political and the division into the (...) French sociological approach. In the third stage, he focuses his attention on the sociological approach in Lefort’s way of thinking about democratic society. Finally, he concludes by referring to Lefort’s apparent opposition between philosophy and social sciences – and the errors that this may have engendered – in order to demonstrate the continuity of Lefort’s sociological approach. (shrink)

Intellectual knowledge is omnipresent in human lives and decisions. We are constantly trying to make good and correct decisions. However, responsible decision-making is characterised by rather difficult epistemic conditions. It applies all the more during the pandemic when decisions require not only specialised knowledge in a number of disciplines, scientific consensus, and participants from different fields, but also responsibility and respect for moral principles in order to ensure that the human rights of all groups are observed. Pandemic measures are created (...) by politicians, healthcare policy-makers, and epidemiologists. However, what is the role of ethics as a moral philosophy and experts in ethics? Experts in ethics and philosophy are carefully scrutinising political decisions. Levy and Savulescu have claimed that Ethicists and philosophers are not epistemically arrogant if they question policy responses. They played an important role in the creation of a reliable consensus. This study analyses epistemic and moral responsibility, their similarities, analogies, and differences. Are they interconnected? What is their relationship and how can they be filled with actual content during the pandemic? (shrink)

The interdisciplinary Hannover Qualification Programme on ethics consultation has trained hospital staff to operate clinical ethics services in their respective hospitals since 2003. To evaluate Hannover Qualification Programme, all former participants were contacted using an online questionnaire including four domains: status quo before attending Hannover Qualification Programme, present status, impact of Hannover Qualification Programme, future challenges. Research objectives were the long-term satisfaction with Hannover Qualification Programme and its impact on clinical ethics services. The response rate was 45% (167/369). Hannover Qualification (...) Programme was evaluated as helpful and the responders were capable of applying their acquired skills. Most participants could contribute to the implementation of clinical ethics services. They were satisfied with Hannover Qualification Programme and with the degree of changes in their hospitals. In conclusion, clinical ethics education had long-term effects on trainees and on their respective hospitals. Problems were mentioned rather in the field of utilisation than with implementation or quality of clinical ethics services. (shrink)

Business Ethics: A European Review, EarlyView.

The "ruin" of the transcendental tradition -- Freud and the transcendental relation -- Derrida: Differance and the "plural logic of the aporia" -- The im-possibility of the psyche -- The death drive and the im-possibility of psychoanalysis -- Institutional psychoanalysis and the paradoxes of archivization -- The Lacanian real -- Sexual difference -- Feminine sexuality -- The transcendental relation in Lancanian psychoanalysis -- The death drive and ethical action -- The "talking cure": language and psychoanalysis.

InThus Spoke Zarathustra(2006), Nietzsche presents Zarathustra as a sage and parodic prophet, who acquires and offers insight over the narrated journey of his spiritual development. Nietzsche’s conception ofZarathustraas a gift (to “all and none”) endorses learning as the kind of emulation condensed into Zarathustra’s complex formulation: rather than “corpses that I carry with me wherever I want... I need living companions who follow me because they want to follow themselves—wherever I want.” Thus I aim, firstly, to follow the text closely (...) to see what is given. However, noting thatZarathustrais deeply imbued with figures of laughter, I also impose an interpretation. “Repeating differently,” as demanded by Zarathustra, I outline a practicable, spiral‐shaped “learning curve” of traversal and return to various “shades of laughter,” advancing from the worst laughters to “goldenlaughter,” which embraces complexity. This represents what it means to laugh well. In so doing, I hope to demonstrate that the complex ethos of affirmative laughter inZarathustraremains strikingly pertinent for a contemporary era urgently tasked with embracing complexity. (shrink)

In order to accommodate for the present shortage of oocyte donors, oocyte-donation programs place ads in college newspapers and provide large monetary compensation to encourage participation. Large compensation acts as a strong incentive for young women to undergo the potentially risky procedure of donation. In this enticing situation, it is particularly important for programs to fully inform prospective donors of the risks of the procedure so that they can accurately weigh the costs and benefits of donating. However, because oocyte-donor programs (...) must alleviate the shortage of donors if they wish to maintain a financially viable business, there is reason to fear that they may minimize or misrepresent risks when recruiting egg donors. In this pilot study, the risk information provided by programs (n=19) to prospective oocyte donors in a preliminary phone call inquiry was investigated. The majority of the programs provided incomplete and/or inaccurate risk information. Policy changes are recommended to reduce the potential for undue influence and to standardize and regulate the risk information provided to prospective egg donors. (shrink)

That the maximization of quality-adjusted life years violates concerns for fairness is well known. One approach to face this issue is to elicit fairness preferences of the public empirically and to incorporate the corresponding equity weights into cost-utility analysis (CUA). It is thereby sought to encounter the objections by means of an axiological modification while leaving the value-maximizing framework of CUA intact. Based on the work of Lübbe (2005, 2009a, 2009b, 2010, forthcoming), this paper questions this strategy and scrutinizes the (...) concomitant assumptions concerning the nature of prioritization decisions. Empirical studies indicate that these premises are in fact unwarranted. People chose a certain resource allocation because they perceive it as a fair way to treat the persons concerned, not because it maximizes something valuable, and it is questionable if prioritization decision can be represented as value-maximizing choices at all. This reflection on the fundamental distinction between deontological and consequentialist reasoning bears general implications for the scope of ‘economic imperialism.’. (shrink)

(2008). The discrimination of angry and fearful facial expressions in 7-month-old infants: An event-related potential study. Cognition & Emotion: Vol. 22, No. 1, pp. 134-146.

We are living in the era of street art. Since Nick Riggle’s pivotal work on the definition of street art, several philosophers have addressed issues in the philosophy of street art. The goal of this paper is to summarize the literature. I consider the following matters, which have been at the core of philosophical discussions on street art: demarcation, value, illegality, and the ethical foundation of intellectual property (IP) protection. In answering the question ‘What is street art?,’ philosophers have generally (...) resisted skeptical approaches by developing a wide range of real and essentialist definitions of street art (Section 2). When considering street art’s value, I distinguish between aesthetic and non-aesthetic centered accounts. If the former focus on the aesthetic side of our experience of street art, the latter generally place emphasis on its activist nature and political significance (Section 3). In discussing the relationship between street art and illegality, I canvas different takes on the issue. If for some scholars illegality is either a necessary or sufficient condition for street art, philosophers tend to agree that it is neither, while not denying its relevance at the level of identity and authenticity (Section 4). Finally, I consider matters of IP protection of street art. On the one hand, copyright optimists defend the view that current IP legislations may very well have a positive impact on the promotion and preservation of street art. Pessimists, on the other hand, argue that an extension of copyright privileges to works of street art is likely to jeopardize the counter-cultural and rebellious nature of this urban art kind (Section 5). (shrink)

This paper reports on the findings of a qualitative study to understand how active adherence to the Christian faith influences the way SME owner-managers conceptualise their business practices. The study was based on in-depth interviews with 21 Christian SME owner-managers in Germany and the UK. Using a socio-psychological approach, the data analysis yielded a range of linguistic and conceptual resources that are peculiar to Christian discourse and that have the potential to influence business activity in rather distinctive ways. This paper (...) particularly focuses on those Christian concepts that could be regarded as distinct 'frames' for action. It outlines what effect these concepts had on the respondents and how they were related to business practices. The paper also discusses how this study could inform further research into the influence of other socio-cultural forms of identity on economic actors' conceptualisations of their own practice. (shrink)

To date, business ethicists, corporate social responsibility scholars as well as management theorists have been slow to provide a comprehensive and critical scrutiny of the Living Wage concept. The aim of this article, therefore, is to conceptualize the living wage in its philosophical as well as practical dimensions in order to open up the ethical implications of its introduction and implementation by companies. We set out the legal, socio-institutional and economic contexts for the debates around the LW and review arguments (...) for, and against, it. Key philosophical arguments from the perspectives of sustainability, capability and externality are invoked and discussed in order to demonstrate the issues and challenges involved for companies, state and civil society actors. Relevant examples from the private sector are examined to demonstrate some of the practical issues involved when the LW is introduced by employers. The article also recommends avenues for a research agenda into the LW for business ethicists, CSR and management researchers in contexts such as the UK, where a voluntary, rather than mandatory, approach to the implementation of the LW is adopted. (shrink)

On several occasions in his work, R. S. Peters identifies a difficulty inherent in teaching that underscores the complexity of this relationship: the teacher has the task of passing on knowledge while at the same time allowing knowledge that is passed on to be criticised and revised by the learner. This inquiry asks: first, how does Peters envisage these two tasks coming together in teaching, and, second, does he go far enough in developing what it means for the teacher to (...) recognise the difference and otherness of the learner? At the heart of the matter in answering these questions is how to conceive of the connection between learning and the transformation of the individual. Before turning to Peters, this inquiry begins by discussing connections between transformation and learning in classical and contemporary philosophical discourse. In this context, notions of discontinuity and interruption are shown to be central to understanding transformational learning processes. Peters' thought is then located within this discourse and taken up in three central ways: (1) by analysing his notion of teaching (2) by examining the ideas of learning and transformation embedded in his concept of teaching, and (3) by inquiring into how these issues relate to his idea of philosophy of education as a central part of teacher education. (shrink)

As familiar as the form of the mathematical equation is to us, the ostensibly simple act of equating unlike things was an achievement many centuries in the making, and one that would ultimately redefine European mathematical enquiry such that its bias toward geometry and the concrete would be displaced by a bias toward algebraic abstraction. The moment of that displacement was the nineteenth century, and its broader significance is on particularly striking display in the British context, where the implications of (...) algebraic abstraction were the object of sustained enquiry among mathematicians, logicians, and economists. This article argues that the ascendance of the algebraic equation, and the transformation in the conception of number on which it was premised, were not simply the product of evolutionary pressures internal to mathematics; the Victorian embrace of algebra was also a response to the practical and cognitive demands of Victorian economic life, which was increasingly reliant on attenuated exchange relations and merely nominal forms of ownership. This was an economy organized around the global extension of trade and characterized by the exponential growth of financial intermediation, of what Walter Bagehot called “number abstracted from reference.” Victorian economic practices thus modeled an abstraction that helped to justify the abstractions of mathematics, and that mathematics in turn was used by economic theorists to argue for the necessity and objectivity of their models. This mutually sustaining dialogue is particularly visible in the writings of William Stanley Jevons, who applied the principles of algebra to philosophy and economic theory so as to reconceive the logic of cognitive and social life in terms of equations. This logic, for which he was merely a spokesman, continues to shape our faith in the special value of abstract, theoretical knowledge. (shrink)

Street art and graffiti are on the rise and their problematic relationship with the law is becoming an increasingly pressing issue. This paper considers a series of high profile street art controversies involving famous street artists Banksy and Alice Pasquini as cases studies for illuminating such a relationship. First, by discussing the “Banksy’s Law” – a “law” protecting street artworks in the style of Banksy while condemning graffiti – and its perceived arbitrariness, I investigate what I call the structural differences (...) between aesthetic and legal judgments. While not denying some continuity in reasoning about the law and the arts, I argue that legal judgments possess a degree of formality that cannot be found in their aesthetic counterpart. Second, in expanding my discussion, I also maintain that aesthetic considerations should not function as overriding reasons in legal determinations. By being illegal, many street artworks and graffiti acquire subversive power. If deprived of the possibility of challenging the law because of their aesthetic value, these art forms would lose much of their political value. And, more generally, a world where artworks cannot challenge the law is a world where the arts are rather superficial forms of entertainment. (shrink)

Anecdotal evidence has long lamented the status of social studies in elementary classrooms as observed by preservice teachers. As standardized testing has risen for mathematics and language arts, social studies has been pushed aside. In the aftermath of accountability legislation such as No Child Left Behind, research indicates that social studies is less visible in elementary classrooms due to an instructional focus on tested content areas (e.g. math, language arts, reading). In this study, approximately 90 elementary preservice teachers enrolled in (...) a social studies methods course responded to a survey and indicated the frequency and quality of lessons they observed over the course of a single semester. Findings report that preservice elementary teachers witnessed few, if any, lessons in social studies in the elementary classroom. Implications for teacher education are discussed. (shrink)

Algebraic Art explores the invention of a peculiarly Victorian account of the nature and value of aesthetic form, and it traces that account to a surprising source: mathematics. Drawing on literature, art, and photography, it explores how the Victorian mathematical conception of form still resonates today.

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

In the intriguing article The puzzle of the changing past, Barlassina and Del Prete argue that, if one grants a platitude about truth and accepts a simple story that they tell, one is forced to conclude that the past has changed. I will suggest that there is a coherent way to resist that conclusion. The platitude about truth is in fact a platitude, but the story is not exactly as they tell it.

Reflecting on ‘human development’ theorists face conceptual confusion, borne out experientially by contemporary ecological, social, and economic crises. Since concepts create realities (i.e. justify and motivate practices), and philosophers create concepts, it is important to consider how philosophers might respond to conceptual difficulties caused by the modern era’s still influential ‘binary’ paradigm, exemplified by the law of the excluded middle, which entails a discursive split between modernism’s ultimately predictable cosmos and postmodernism’s insistence on fundamental chaos. Supposedly obliged to choose between (...) opposites, theorists are caught between the necessity and iniquity of both. This impasse sets up conditions for what Lyotard calls ‘differends,’ and constrains our power to create responsible concepts. To show that Morin’s ‘generalised complexity’ takes us beyond the modernist/postmodernist impasse, I take up his injunction to promote ‘an epistemological reversal,’ starting from the notion of ‘open system’ and moving through ‘emergence’ and ‘organization’ to ‘logical complexity.’ Our epistemological task accordingly is to establish strategies for interpreting multiple dimensions of phenomenal reality, given the irreducibly complex relation of co-implication between mutually negating opposites. I agree with Cilliers that deconstruction is exemplary in this respect, but aim to broaden the adventure by suggesting ideas for a ‘pragmatics of complexity’ involving vocabulary, concepts, strategies, metaphors, and heuristics derived also from other philosophers and psychoanalytic theorists. The difficulty of complex thought is that it must face messes ... interconnectedness among phenomena, fogginess, uncertainty, contradiction. However, we can elaborate some conceptual tools, some principles for this adventure, and we can begin to perceive the face of the new paradigm of complexity that should emerge. (Edgar Morin, On Complexity, 2008: 6). (shrink)

Various attempts have been made recently to bring Husserl into the contemporary analytic discussion on sensory illusion and hallucination. On the one hand, this has resulted in a renewed interest in what one might call a ‘phenomenology of sense-deception.’ On the other hand, it has generated contrasting—if not utterly incompatible—readings of Husserl’s own account of sense perception. The present study critically evaluates the contemporary discourse on illusion and hallucination, reassesses its proximity to Husserl’s reflection on sensory perception, and highlights the (...) philosophical limits and structural deficiencies of the current debate in light of some of Husserl’s insights. The analysis first provides a synopsis of the argumentative structures, aims, and assumptions informing the conjunctivism-disjunctivism debate. This assessment is then critically elaborated through the lens of Husserlian phenomenology in its historical and theoretical distance from the recent debate. Contrary to certain readings of Husserl, the reconstruction of some cardinal phenomenological themes provides all the elements necessary to dislocate his own account from the conjunctivism-disjunctivism dispute, by means of both a ‘global’ and a ‘local’ analysis, and both exegetically and theoretically. Most importantly, a ‘return’ to Husserl shows the philosophical untenability of the whole controversy as not only leaving untouched the core problem of perception but also altering some of its essential traits. This critique of the image of experience portrayed in the contemporary discussion is conducted through a phenomenological clarification of perception as a distinct ‘structure of rules’ of consciousness and, more specifically, by means of a descriptive analysis centered on the core notion of horizonal-intentionality. (shrink)

The present study attempts to reconstruct Husserl’s account of empirical illusion and hallucination and disclose the significance of sense-deception in Husserl’s phenomenology. By clarifying the relation between the “leibhaftige presence” and “existence” of perceived objects, I shall be able to contend that illusion and hallucination are nullified, invalid perceptions. Non-existence or in-actuality is a form of invalidity: the Ungültigkeit of what demands its insertion in the totality of actual existence. Husserl elaborates an ex-negativo account of in-actuality, in which sensory deception (...) refers to a modal modification, which is always relative and contextual in relation to the total nexus of experience in its intersubjectively validated and harmonious unfolding. (shrink)

Specific studies of the “situated ethics” of international surrogacy that address the structural conditions and local moral economies that sustain the trade are needed. In this essay, I describe the intimate industry of surrogacy in Thailand, exploring the local moral economy in which surrogacy is described as a form of Buddhist merit making and an opportunity to provide for one’s own children. This offers a further example of how other ethical values beyond the strictly economic are negotiated in commercial surrogacy (...) relationships. Situated ethics allow us to locate and understand the tensions, competing logics, and contradictions within ethical practices. (shrink)

This paper argues that God's immanent causation and Spinoza's account of activity as adequate causation (of finite modes) do not always go together in Spinoza's thought. We show that there is good reason to doubt that this is the case in Spinoza's early Short Treatise on God, Man and His Well‐being. In the Short Treatise, Spinoza defends an account of God's immanent causation without fully endorsing the account of activity as adequate causation that he will later introduce in the Ethics (...) (E3def2). We turn to an examination of how God's immanent causation relates to the activity of finite things in the Ethics. We consider two ways to think about the link between God, seen as immanent cause, and the activity of finite things: namely, in terms of entailment and in terms of production. We argue that the productive model is most promising for understanding the way in which the activity of finite things and God's immanent causality are connected in Spinoza's (mature) philosophy. (shrink)

This paper focuses on children’s interpretation of sentences containing negation and a quantifier (e.g., The detective didn’t find some guys). Recent studies suggest that, although children are capable of accessing inverse scope interpretations of such sentences, they resort to surface scope to a larger extent than adults. To account for children’s behavioral pattern, we propose a new factor at play in Truth Value Judgment tasks: the Question–Answer Requirement (QAR). According to the QAR, children (and adults) must interpret the target sentence (...) that they evaluate as an answer to a question that is made salient by the discourse. (shrink)