Criminal law operates under the assumption that persons have the capacity for free, voluntary choice. However, since the concept of free will and self-determination may be understood in a variety of ways, it must be made the subject of philosophical scrutiny if it is to provide a solid foundation for law. This paper will present two major philosophical concepts of self-determination and evaluate their utility for criminal law. The conclusion delineates the possibilities and limitations of these concepts when applied in (...) particular to the field of criminal law. (shrink)

Hastings Center Report, Volume 52, Issue 1, Page 51-58, January/February 2022.

The following paper considers one important feature of our experiential or ‘recollective’ memories, namely their spatial perspectival characteristics. I begin by considering the ‘Past-Dependency-Claim’, which states that every recollective memory (or ‘R-memory’) has its spatial perspectival characteristics in virtue of the subject’s present awareness of the spatial perspectival characteristics of a relevant past perceptual experience. Although the Past-Dependency-Claim might for various reasons seem particularly attractive, I show that it is false. I then proceed to develop and defend the ‘Present-Dependency-Claim’, namely (...) the claim that the spatial perspectival characteristics of an R-memory depend on the spatial perspectival characteristics of perceptual experiences that the subject has at the time at which the R-memory occurs. Lastly, I discuss the phenomenon of so-called ‘observer-memories’, which presents a special challenge for any attempt to account for the spatial perspectival characteristics of R-memories. I argue that we have no good reason to deny that the relevant experiences should count as memories, and I show that we can account for the spatial perspectival characteristics of observer-memories with the help of the ‘Present-Dependency-Claim’. More generally, the paper shows that certain events that occur in a subject’s mental life (namely, a subject’s R-memories) are necessarily dependent on other events that occur in the relevant subject’s mental life (namely, on certain perceptual experiences). This more general conclusion in turn should be relevant for any attempt to develop an appropriate account of a subject’s mental life as a whole. (shrink)

Dorothea Olkowski's exploration of the philosophy of Gilles Deleuze clarifies the gifted French thinker's writings for specialists and nonspecialists alike. Deleuze, she says, accomplished the "ruin of representation," the complete overthrow of hierarchic, organic thought in philosophy, politics, aesthetics, and ethics, as well as in society at large. In Deleuze's philosophy of difference, she discovers the source of a new ontology of change, which in turn opens up the creation of new modes of life and thought, not only in (...) philosophy and feminism but wherever creation is at stake. The work of contemporary artist Mary Kelly has been central to Olkowski's thinking. In Kelly she finds an artist at work whose creative acts are in themselves the ruin of representation as a whole, and the text is illustrated with Kelly's art. This original and provocative account of Deleuze contributes significantly to a critical feminist politics and philosophy, as well as to an understanding of feminist art. (shrink)

_The Universal_ proposes a radically new philosophical system that moves from ontology to ethics. Drawing on the work of De Beauvoir, Sartre, and Le Doeuff, among others, and addressing a range of topics from the Asian sex trade to late capitalism, quantum gravity, and Merleau-Ponty's views on cinema, Dorothea Olkowski stretches the mathematical, political, epistemological, and aesthetic limits of continental philosophy and introduces a new perspective on political structures. Straddling a course between formalism and conventionalism, Olkowski develops the concept (...) of an ontological unconscious that arises from our "sensible" relation to the world-the information we absorb and emit that affects our encounters with the environment and others. In this "realm of the senses," or the field of vulnerability defined by our experience with pleasure and pain, Olkowski is able to rethink the space-time relations put forth by Irigaray's notion of the "interval," Bergson's "recollection," Merleau-Ponty's idea of the "flesh," and Deleuze's "plane of immanence." This aesthetic sense is shared by all humankind and nonhuman entities in the organic and inorganic world. The sensible universal can be applied to categories of pure and practical reason; experiential binaries of male-female and subject-object; and issues of autonomy, moral laws, and the regulation of perception. (shrink)

In Anti-Oedipus, Capitalism and Schizophrenia, Gilles Deleuze and Félix Guattari analyze the manner in which what they refer to as deterritorialized flows of desire, have been reduced to state, family or religious hierarchies. Matter, capital, and libido are among the flows of desire for which nature and human nature are processes of production. The author’s argue that there is really only one process of desiring-production, that now capitalism and psychoanalysis are inextricably linked, and that the former produces subjective abstract labor, (...) while the latter produces subjective abstract libido. Thus although nothing exists outside of the socius, without its inhabitants, there is no socius: “they are strictly inseparable and constitute one and the same process of production.” This leaves one with the uncomfortable conclusion that social repression and psychic repression are one and the same mechanism, and insofar as the transition from primitive territories, to barbarian despots, to civilized capitalists, which they refer to as State power, has proceeded lock-step, that there is possibly no place else to go. (shrink)

ABSTRACT While multiple crisis phenomena have sparked experimentation with alternative forms of production and consumption on the micro level, it is not clear if and how these alternative practices may become hegemonic and thus displace capitalism as the hegemonic order on the macro level, rather than merely fostering pockets of a solidarity economy within capitalism. This question is hard to research, because it relates to post-capitalist futures rather than actual events or phenomena in the past or present. In this article, (...) I propose a methodological framework for studying the transformative potential of counter-hegemonic initiatives. Building on debates on causality and prediction within Critical Realism, I introduce the concept of ‘ex-ante’ retroduction. Using this mode of reasoning helps to identify possible generative mechanisms for the viability and achievability of alternative futures which can then be empirically investigated. (shrink)

Whistleblowing on organizational wrongdoing is becoming increasingly prevalent. What aspects of the person, the context, and the transgression relate to whistleblowing intentions and to actual whistleblowing on corporate wrongdoing? Which aspects relate to retaliation against whistleblowers? Can we draw conclusions about the whistleblowing process by assessing whistleblowing intentions? Meta-analytic examination of 193 correlations obtained from 26 samples (N = 18,781) reveals differences in the correlates of whistleblowing intentions and actions. Stronger relationships were found between personal, contextual, and wrongdoing characteristics and (...) whistleblowing intent than with actual whistleblowing. Retaliation might best be predicted using contextual variables. Implications for research and practice are discussed. (shrink)

First published in 1918, this volume was partly based on lectures delivered by Dorothea Jane Stephen at and near Bangalore and was intended to illustrate the considerable influence exercised by the early literature of India on later Indian philosophy and culture. Examining themes of divinity and religion together with morality and human nature, the essays in this book combine to offer a fitting introduction to the importance and far-reaching effects of early Indian thought.

Imagine you are walking through a park. Suddenly, a mugger points a gun at you, threatening to shoot you if you do not hand over your valuables. Is this an instance of domination? Many authors working within the neo-republican framework - including Philip Pettit himself - are inclined to say 'yes'. After all, the mugger case seems to be a paradigmatic example of what it means to be at someone's mercy. However, I argue that this conclusion is based on a (...) misleading, interactional account of domination that misconceives its structural character. Domination, I maintain, is a structurally constituted form of power. Whether the mugger in the park dominates you or not can only be established by analysing the wider power structures in which your interaction is embedded. (shrink)

The Argument from Inductive Risk (AIR) is taken to show that values are inevitably involved in making judgements or forming beliefs. After reviewing this conclusion, I pose cases which are prima facie counterexamples: the unreflective application of conventions, use of black-boxed instruments, reliance on opaque algorithms, and unskilled observation reports. These cases are counterexamples to the AIR posed in ethical terms as a matter of personal values. Nevertheless, it need not be understood in those terms. The values which load a (...) theory choice may be those of institutions or past actors. This means that the challenge of responsibly handling inductive risk is not merely an ethical issue, but is also social, political, and historical. (shrink)

ABSTRACT:Partnerships between companies and NGOs have received considerable attention in CSR in the past years. However, the role of NGO legitimacy in such partnerships has thus far been neglected. We argue that NGOs assume a status as special stakeholders of corporations which act on behalf of the common good. This role requires a particular focus on their moral legitimacy. We introduce a conceptual framework for analysing the moral legitimacy of NGOs along three dimensions, building on the theory of deliberative democracy. (...) Against this background we outline three procedural characteristics which are essential for judging the legitimacy of NGOs as potential or actual partners of corporations. (shrink)

Introduction 1 P. D. Magnus and Jacob Busch 1. Form-driven vs. Content-driven Arguments for Realism 8 Juha Saatsi 2. Optimism about the Pessimistic Induction 29 Sherrilyn Roush 3. Metaphysics between the Sciences and Philosophies of Science 59 Anjan Chakravartty 4. Nominalism and Inductive Generalizations 78 Jessica Pfeifer 5. Models and Scientific Representations 94 Otávio Bueno 6. The Identical Rivals Response to Underdetermination 112 Gregory Frost-Arnold and P. D. Magnus 7. Scientific Representation and the Semiotics of Pictures 131 Laura (...) Perini 8. Philosophy of the Environmental Sciences 155 Jay Odenbaugh 9. Value Judgements and the Estimation of Uncertainty in Climate Modeling 172 Justin Biddle and Eric Winsberg 10. Feminist Standpoint Empiricism: Rethinking the Terrain in Feminist Philosophy of Science 198 Kristen Intemann 11. Naturalism and the Enlightenment Ideal: Rethinking a Central Debate in the Philosophy of Social Science 226 Daniel Steel 12. New Approaches to the Division of Cognitive Labor 250 Michael Weisberg. (shrink)

Although some authors hold that natural kinds are necessarily relative to disciplinary domains, many authors presume that natural kinds must be absolute, categorical features of the reality —often assuming that without even mentioning the alternative. Recognizing both possibilities, one may ask whether the difference especially matters. I argue that it does. Looking at recent arguments about natural kind realism, I argue that we can best make sense of the realism question by thinking of natural kindness as a relation that holds (...) between a category and a domain. (shrink)

The virtue of humility is often considered to be at odds with common business practice. In recent years, however, scholars within business ethics and leadership have shown an increasing interest in humility. Despite such attention, the argument for the relevance of humility in business could be expanded. Unlike extant research that focuses on humility as a character-building virtue or instrumentally useful leadership trait, this article argues that humility reflects the interdependent nature of business. Through such an approach, the article gives (...) an extrinsic motivation of the relevance of humility in business, and, from a theoretical point of view, links the intra-personal and intra-organizational perspective on humility to an inter-organizational one. The article contextualizes the virtue of humility by relating it to the economic, cognitive, and moral aspects of business practice and managerial work. It claims that the assumption of self-sufficiency in business is a grave misrepresentation of what business is—a practice characterized by interdependency. Potential links between virtue ethics, leadership, and contextually oriented theories of business, such as stakeholder theory, network theories, and resource dependence theory, are also identified. (shrink)

The philosophers and scholars of the Hellenistic world laid the foundations upon which the Western tradition based analytical grammar, linguistics, philosophy of language, and other disciplines probing the nature and origin of human communication. Building on the pioneering work of Plato and Aristotle, these thinkers developed a wide range of theories about the nature and origin of language which reflected broader philosophical commitments. In this collection of nine essays, a team of distinguished scholars examines the philosophies of language developed by, (...) among others, Plato, Aristotle, Epicurus, the Stoics, and Lucretius. They probe the early thinkers' philosophical adequacy and their impact on later theorists. With discussions ranging from the Stoics on the origin of language to the theories of language in the twelfth and thirteenth centuries, the collection will be of interest to students of philosophy and of language in the classical period and beyond. (shrink)

Dorothea B. Heitsch is Assistant Professor of French and German at Shippensburg University in Pennsylvania.

In response to an impasse, articulated in the late 1980s, the cognitive capacities of ordinary people assumed central place in contemporary critical social theory. The participants’ perspective gained precedence over scientific standards branded as external. The notion of cognition, however, went unchallenged. This article continues the move away from external standards, and discusses two models of critique, which differ based on their underlying notions of cognition. The representational model builds on cognitive content, misrecognition and normativity; three features which are illustrated (...) with positions adopted by prominent exponents of critical social theory. An alternative understanding relies on action-oriented disclosure and the participants’ basic familiarity with the social world. On this reading, what clashes with unequal structures is skilful coping, rather than representations and normative standards. The action-oriented approach may overcome the dilemma of understanding both the impact and the possible transcendence of unequal structures, although it cannot ultimately replace representational critique. (shrink)

Abstract: The article aims to sharpen the neo-republican contribution to international political thought by challenging Pettit’s view that only representative states may raise a valid claim to non-domination in their external relations. The argument proceeds in two steps: First I show that, conceptually speaking, the domination of states, whether representative or not, implies dominating the collective people at least in its fundamental, constitutive power. Secondly, the domination of states – and thus of their peoples – cannot be justified normatively in (...) the name of promoting individual non-domination because such a compensatory rationale misconceives the notion of domination in terms of a discrete exercise of power instead of as an ongoing power relation. This speaks in favour of a more inclusive law of peoples than Pettit (just as his liberal counterpart Rawls) envisages: In order to accommodate the claim of collective peoples to non-domination it has to recognize every state as a member of the international order. (shrink)

Originally published in 1959, the basis of this book was a course of lectures given at Cambridge University entitled Three Traditions of Moral Thought: Platonic ...

In Sweden, and most Western countries, pervasive neoliberal policies have dramatically transformed the entire education sector in a matter of decades. As teacher educators, we have experienced how neoliberal currents have pushed Swedish teacher education towards a teacher training paradigm which may risk undermining the foundations for professional judgement. Moreover, the Bologna Process and the introduction of New Public Management have had significant consequences for what it means to be a teacher educator. In this study, we present our everyday experiences (...) of being teacher educators, immersed in a teacher education culture in Sweden which has evolved under the pressures of neoliberalism. To address these complex lived experiences we engaged in a phenomenological first-person account. Three main themes emerged from an analysis of lived experience descriptions: Alignment Slaves; Audit Puppets; Techno Phobes. These themes reflect different lived dimensions of being teacher educators confronted with neoliberal agendas. The paper concludes with a call for resistance to bring about change within teacher education. (shrink)

The present paper considers our ability to ‘shape our own mental lives’; more specifically, it considers the claim that subjects sometimes can and do engage in ‘mental self-regulation’, that is, that subjects sometimes can be, and are, actively involved with their own mental lives in a goal-directed way. This ability of mental self-regulation has been rather neglected by contemporary philosophers of mind, but I show why it deserves careful philosophical attention. In order to further our understanding of the nature of (...) the phenomenon of mental self-regulation and to locate it within the wider context of our everyday lives and the world we live in, I proceed to develop some conditions which need to be met in order for a subject to be able to engage in mental self-regulation. In developing those conditions we find that compared to the physical realm, our mental lives are a rather elusive domain in the face of attempts at intervention, and our ability to intervene in our own mental lives is rather fragile. We also find that our ability to regulate our own mental lives in many cases depends on our possession of mental skills and mental know-how. Both these observations in turn throw new light on our understanding of the nature of the human mind. (shrink)

In the industrialized countries university research and state-financed research are increasingly evaluated from the point of view of their contribution to technology transfer, industrial innovation, and the competitiveness of national industries. Political debates on the viability of orienting basic research toward practical applications are paralleled by discussions, among social scientists, about the risks and opportunities of political direction over science. These debates are the frame of reference for this study, which analyzes the differences between basic and applied research, their correlates (...) and consequences, in high-temperature superconductor research in the Federal Republic of Germany. It will be shown that basic and applied research are fundamentally different in their social organization, their research goals, and their research strategies. These differences are in contrast to the call of science policy for more intense interaction and assimilation. Nevertheless, there are conditions under which basic or applied re searchers will partially follow "foreign" orientations and strategies. These conditions may, in part, be shaped by policy decisions. (shrink)

This article presents the tradition of phenomenologically founded psychological research that was originally initiated by Amedeo Giorgi. This data analysis method is inseparable from the broader project of establishing an autonomous phenomenologically based human scientific psychology. After recounting the history of the method from the 1960’s to the present, we explain the rationale for why we view data collection as a process that should be adaptable to the unique mode of appearance of each particular phenomenon being researched. The substance of (...) the article is then devoted to a detailed outline of the method’s whole-part-whole procedure of data analysis. We then offer a sample analysis of a brief description of an ordinary daydream. This is an anxiety daydream in response to the recent Covid-19 pandemic. We present this daydream analysis in full to show the concrete hands-on 5 step process through which the researcher explicated the participants’ expressions from the particular to the general. From this brief sample analysis, the researcher offers a first-person reflection on the data analysis process to offer the reader an introduction to the diacritical nature of phenomenological psychological elucidation. (shrink)

This article provides concrete examples of a phenomenological approach to empathy training, which is a pedagogical method designed for higher education. First, the phenomenology of empathy and empathy training is briefly described. Second, excerpts from training sessions in higher education are provided as examples. The examples are meant as to concretize the purpose of the training in relation to the overall pedagogical process. In addition, some clarifications are made about how a phenomenological approach can facilitate university students’ deeper understanding of (...) how empathy relate to interpersonal understanding in the we-relation. (shrink)

The present paper considers the question whether, and if so how, a subject's full attention to an object which she interacts with might have value. More specifically, I defend the claim that in order for a subject's activity to have value, it is sufficient that the subject give her full attention to the object towards which the activity is directed.

In The Robust Demands of the Good Pettit claims that the three goods he takes to be central to the good, namely attachment, virtue and respect, share a common structure: they are robustly demanding in that they require the provision of an associated benefit not just under actual but across various possible circumstances. The aim of this paper is to show that the unified account of the good misconstrues the nature of respect. First, I argue that Pettit’s account of respect (...) as robust non-interference cannot account for the particularly robust kind of robustness that respect requires and fails to clarify the relation between respect and freedom. Second, drawing on Pettit’s earlier work, I propose to reconceive of respect as the robust provision of discursive address. This account solves the ambiguities of Pettit’s account of respect. However, it suggests that the particularly robust demands of respect are demands of the right, not the good. (shrink)