Legal decisions and theories are frequently condemned as formalistic, yet little discussion has occurred regarding exactly what the term "'formalism" means. In this Article, Professor Schauer examines divergent uses of the term to elucidate its descriptive content. Conceptions offormalism, he argues, involve the notion that rules constrict the choice of the decisionmaker. Our aversion to formalism stems from denial that the language of rules either can or should constrict choice in this way. Yet Professor Schauer argues that this aversion to (...) formalism should be rethought: At times language both can and should restrict decisionmakers. Consequently, the term "'formalistic" should not be used as a blanket condemnation of a decisionmaking process; instead the debate regarding decision according to rules should be confronted on its own terms. (shrink)

Introduction The central aim of this book is to focus attention upon and illuminate the character of a certain phase of philosophical reflection: namely, ...

Derek Parfit est célèbre pour avoir soutenu que l'identité personnelle ne comptait pas pour déterminer la survie d'une personne. Sa phrase « personal identity is not what matters » est inspirée d'une approche réductionniste de l'identité personnelle qui consiste à dire que la personne humaine se réduit à un corps, un cerveau et une série d'événements mentaux causalement liés. Dans cette optique, ce qui compte, c'est la continuité psychologique. Cet article vise à montrer que dans des dynamiques de reconnaissances, l'identité (...) personnelle peut compter dans la définition de l'identité personnelle à travers le temps ; en deux mots, que l'identité personnelle compte. Partant des conceptions narrativistes défendues par Paul Ricoeur et Charles Taylor, j'en viens à défendre une théorie constructiviste-institutionnaliste de l'identité personnelle qui prend en considération le caractère institué et construit de l'identité personnelle. Le but de cet article est donc de défendre la thèse selon laquelle l'identité personnelle compte pour dans les réflexions éthiques et politiques. (shrink)

Written by one of the pre-eminent interpreters of Heidegger, this book is an important statement about the basis of human sociability that is a major contribution to the continuing debates about Heidegger in particular, and ethics in general. Existential philosophy is often thought to promote moral nihilism in which everything is permitted. This book demonstrates that, in the case of Martin Heidegger, any such accusation is unjust. On the contrary, Heidegger thought seriously about the implications of human co-existence, and this (...) book shows that conceptions of trust and responsibility that lie at the very heart of morality are to be found in the sketch of Mitsein - our being together with one another in the world - offered in Being and Time. That Heidegger never developed these conceptions may explain why they have been overlooked, but renders them no less important for that. (shrink)

Critics of Divine Command Theory (DCT) have advanced the counterpossible terrible commands objection. They argue that DCT implies the counterpossible ‘If a necessarily morally perfect God commanded us to perform a terrible act, then the terrible act would be morally obligatory.’ However, this counterpossible is false. Hence, DCT is false. Philipp Kremers has proposed that the intuition that the counterpossible above is false is due to conversational implicatures. By providing a pragmatic explanation for the intuition, he thinks that DCT proponents (...) can then maintain that the counterpossible is actually true. In this article, I argue that Kremers's conversational implicature response fails because (a) there is good reason to think that no conversational implicature arises given what critics of DCT have expressed, (b) a competent reader would not understand the critics' utterance that TCC is false as implicating that TCC* is false, and (c) the counterpossible terrible commands objection can be easily modified to be immune to the conversational implicature response by cancelling any potential implicature. Thus, an appeal to conversational implicatures cannot save DCT from the counterpossible terrible commands objection. (shrink)

In this important and pioneering book Frederick Newmeyer takes on the question of language variety. He considers why some language types are impossible and why some grammatical features are more common than others. The task of trying to explain typological variation among languages has been mainly undertaken by functionally-oriented linguists. Generative grammarians entering the field of typology in the 1980s put forward the idea that cross-linguistic differences could be explained by linguistic parameters within Universal Grammar, whose operation might vary (...) from language to language. Unfortunately, this way of looking at variation turned out to be much less successful than had been hoped for. Professor Newmeyer's alternative to parameters combines leading ideas from functionalist and formalist approaches which in the past have been considered incompatible. He throws fresh light on language typology and variation, and provides new insights into the principles of Universal Grammar. The book is written in a clear, readable style and will be readily understood by anyone with a couple of years' study of linguistics. It will interest a wide range of scholars and students of language, including typologists, historical linguists, and theorists of every shade. (shrink)

In a recent article Humphreys has developed an intriguing proposal for making sense of emergence. The crucial notion for this purpose is what he calls "fusion" and his paradigm for it is quantum nonseparability. In what follows, we will develop this position in more detail, and then discuss its ramifications and limitations. Its ramifications are quite radical; its limitations are substantial. An alternative approach to emergence that involves quantum physics is then proposed.

Feminist scholars have been critical of the expectations placed upon mothers to accomplish a perfect version of motherhood, but have often failed to interrogate the values about normalcy and disability imbedded in modern mothering ideologies. Mothers with disabilities are well positioned to expose the underlying beliefs about normalcy with which all mothers must contend. Drawing from interviews and focus groups conducted with mothers who have physical and sensory disabilities, I explore Deaf/disabled women’s experiences negotiating the scientific motherhood regime. Illuminating a (...) paradox, I argue these women are labeled “risky mothers” under scientific motherhood, which prizes the management of risk and the prevention of disability. Yet, these mothers are simultaneously rendered invisible by inaccessible and inflexible medical practices, and by a consumer market of expert advice which prescribes that mothers inhabit a typical body. These women’s experiences illuminate the normalcy project as a central tenet of scientific motherhood. (shrink)

The main contribution of this work is to develop the account of material constitution presented in Spatially Coinciding Objects (Ratio 24, 1982) and a series of related articles. This account was merely ‘analytical’ in that it applied generously to ‘putative’ examples of distinct entities (individuals, pluralities and masses of stuff) in the same place at the same time. The account herein is ‘critical’ in that it seeks justification for recognizing the existence of entities constituted in addition to the entities that (...) allegedly constitute them. While the earlier account used examples such as a clay statue and the clay of the statue for purposes of illustrating material constitution, the present account would consider ‘reducing’ the statue to the clay, and seeks justification for how to resist this and admit the existence of generable and perishable natural objects in general. The justification sought is ‘deep’ in the sense that (unlike the popular ‘method of cases) it does not belong to ‘descriptive’ metaphysics (in Strawson’s sense) but is sufficiently potent to counter ‘revisionist’ views. Transcendental arguments, beginning with austere assumptions of justification itself, are thereby employed. Suggestions are made about what to conclude about our own identity, which amount to supporting animalism. (shrink)

This paper suggests that quantified negative existentials about fiction—statements of the form “There are some / many / etc. Fs in work W who don't exist”—offer a serious challenge to the theorist of fiction: more serious, in a number of ways, that singular negative existentials. I argue that the temptation to think that only a realist semantics of such statements is plausible should be resisted. There are numerous quantified negative existentials found in other areas that seem equally “true” but where (...) a realist semantics imports ontological commitments that few would want to embrace. In the final part of the paper I sketch an alternative pretense account of one such quantified negative existential, and suggest that the account gives us some reason to believe that quantified negative existentials in general, including quantified negative existentials about fiction, can also be understood in pretense terms. (shrink)

This book contains reference to a number of Sontag's earlier articles on Becker. Becker won the Pulitzer Prize for writing The Denial of Death. His psychological/anthropological writings examined human nature and its tendency to religion. He proposed a self-made «hero religion», but his critique of the assumptions of modern social science equally make possible a return to traditional forms of religion: the return of the Gods.

The subject of discussion this evening is “ The Problem of Colour in Relation to the Idea of Equality,” and though the last seven words would seem to indicate some special limitation, it is in fact difficult to divide this question into watertight compartments. For the basis of all philosophical study is accuracy of definition, and we must therefore begin by forming a precise conception of what the phrase “ Colour problem ” connotes before we proceed to discuss its bearing (...) from a physiological, political, or sociological “ equality ” point of view. Thus at the outset we find ourselves in the very heart of a controversy, for it is difficult to find two people who will agree as to the definition of the Colour problem. Physiologically there is no line of demarcation, for of the inhabitants of North Central Asia many are as light—and indeed lighter—in the colour of their skin, their hair and their eyes than the Southern races of Europe, and the same may be true of Creoles, Quadroons, and Octaroons. (shrink)

Previous ed. published under title: Aquinas. Bibliography: p. 265-267. Includes index.