This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers (...) to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise. (shrink)

Recent research has relied on trolley-type sacrificial moral dilemmas to study utilitarian versus nonutili- tarian modes of moral decision-making. This research has generated important insights into people’s attitudes toward instrumental harm—that is, the sacrifice of an individual to save a greater number. But this approach also has serious limitations. Most notably, it ignores the positive, altruistic core of utilitarianism, which is characterized by impartial concern for the well-being of everyone, whether near or far. Here, we develop, refine, and validate a (...) new scale—the Oxford Utilitarianism Scale—to dissociate individual differences in the ‘negative’ (permissive attitude toward instrumental harm) and ‘positive’ (impartial concern for the greater good) dimensions of utilitarian thinking as manifested in the general population. We show that these are two independent dimensions of proto-utilitarian tendencies in the lay population, each exhibiting a distinct psychological profile. Empathic concern, identification with the whole of humanity, and concern for future generations were positively associated with impartial beneficence but negatively associated with instrumental harm; and although instrumental harm was associated with subclinical psychopathy, impartial beneficence was associated with higher religiosity. Importantly, although these two dimensions were independent in the lay population, they were closely associated in a sample of moral philosophers. Acknowledging this dissociation between the instrumental harm and impartial beneficence components of utilitarian thinking in ordinary people can clarify existing debates about the nature of moral psychology and its relation to moral philosophy as well as generate fruitful avenues for further research. (shrink)

A great deal of research has focused on the question of whether or not concepts are embodied as a rule. Supporters of embodiment have pointed to studies that implicate affective and sensorimotor systems in cognitive tasks, while critics of embodiment have offered nonembodied explanations of these results and pointed to studies that implicate amodal systems. Abstract concepts have tended to be viewed as an important test case in this polemical debate. This essay argues that we need to move beyond a (...) pretheoretical notion of abstraction. Against the background of current research and theory, abstract concepts do not pose a single, unified problem for embodied cognition but, instead, three distinct problems: the problem of generalization, the problem of flexibility, and the problem of disembodiment. Identifying these problems provides a conceptual framework for critically evaluating, and perhaps improving upon, recent theoretical proposals. (shrink)

In 1907, Alfred Stieglitz took what was to become one of his signature photographs, The Steerage. Stieglitz stood at the rear of the ocean liner Kaiser Wilhelm II and photographed the decks, first-class passengers above and steerage passengers below, carefully exposing the film to their reflected light. Later, in the darkroom, Stieglitz developed this film and made a number of prints from the resulting negative. The photograph is a familiar one, an enduring piece of social commentary, but what exactly is (...) The Steerage which Stieglitz has given us? It is clearer what The Steerage is not. It is distinct from each of its prints and from its negative. These may be dusty or torn without The Steerage being so, and any one of these could be destroyed without thereby destroying The Steerage itself. Nor is The Steerage the set of its prints. The set could not have had different members, while The Steerage could have had more, fewer, or different prints.1 Similar reasoning rules out the mereological sum of parts of its actual prints, for The Steerage’s prints might not have comprised just these parts. We are left with a puzzle, what sort of thing is a photograph? This puzzle is not unique to photography. Similar reasoning generates an analogous puzzle for any repeatable work of art. Novels, poems, plays, symphonies, songs, and the rest share an ontological predicament and create a 1 general puzzle concerning the ontological status of repeatable works of art. It is widely held that the puzzle has an equally general solution, one which I will argue fails for systematic reasons. Although my target here is the supposed solution to the general problem, photography will remain the central case under scrutiny. I offer it as a model for our thinking about the wider class in order to reap the benefits of thinking in terms of concrete cases. Although this risks a trade-off with the generality of my conclusions—there are important differences of detail between the cases—I hope it is clear that the considerations I appeal to in photography are not idiosyncratic but shared by the wider class.. (shrink)

In Western societies, participation is promoted as fundamental right of citizens and a prerequisite for better health and quality of life. Over the last 10 years, individual parti-cipation in treat...

This is a unique collection of new and recently-published articles which debate the merits of virtue-theoretic approaches to the core epistemological issues of knowledge and justified belief. The readings all contribute to our understanding of the relative importance, for a theory of justified belief, of the reliability of our cognitive faculties and of the individuals responsibility in gathering and weighing evidence. Highlights of the readings include direct exchanges between leading exponents of this approach and their critics.

This paper addresses some of the contours of an ethics of knowledge in the context of ameliorative epistemology, where this term describes epistemological projects aimed at redressing epistemic injustices, improving collective epistemic practices, and educating more effectively for higher-order reflective reasoning dispositions. Virtue theory and embodiment theory together help to tie the cultivation of moral and epistemic emotions to cooperative problem-solving. We examine one cooperative vice, ‘knavery,’ and how David Hume’s little-noticed discussion of it is a forerunner of contemporary game (...) theory’s concern with behavior of ‘free riding’ on systems of trust or cooperation. We develop these and other examples as calling for “risk-aware” social epistemology, which ties epistemic risk with doxastic responsibility. Risk-aware social epistemology aims at describing and ameliorating epistemic practices, but without confusing over-generalizing about culpability in ways that would conflate philosophical censure or critique of bias, with “blameworthiness” in any stronger sense. (shrink)

In this article, we present a dialogical approach to empirical ethics, based upon hermeneutic ethics and responsive evaluation. Hermeneutic ethics regards experience as the concrete source of moral wisdom. In order to gain a good understanding of moral issues, concrete detailed experiences and perspectives need to be exchanged. Within hermeneutic ethics dialogue is seen as a vehicle for moral learning and developing normative conclusions. Dialogue stands for a specific view on moral epistemology and methodological criteria for moral inquiry. Responsive evaluation (...) involves a structured way of setting up dialogical learning processes, by eliciting stories of participants, exchanging experiences in (homogeneous and heterogeneous) groups and drawing normative conclusions for practice. By combining these traditions we develop both a theoretical and a practical approach to empirical ethics, in which ethical issues are addressed and shaped together with stakeholders in practice. Stakeholders' experiences are not only used as a source for reflection by the ethicist; stakeholders are involved in the process of reflection and analysis, which takes place in a dialogue between participants in practice, facilitated by the ethicist. This dialogical approach to empirical ethics may give rise to questions such as: What contribution does the ethicist make? What role does ethical theory play? What is the relationship between empirical research and ethical theory in the dialogical process? In this article, these questions will be addressed by reflecting upon a project in empirical ethics that was set up in a dialogical way. The aim of this project was to develop and implement normative guidelines with and within practice, in order to improve the practice concerning coercion and compulsion in psychiatry. (shrink)

Is linguistic understanding a form of knowledge? I clarify the question and then consider two natural forms a positive answer might take. I argue that, although some recent arguments fail to decide the issue, neither positive answer should be accepted. The aim is not yet to foreclose on the view that linguistic understanding is a form of knowledge, but to develop desiderata on a satisfactory successor to the two natural views rejected here.

To what extent was ordinary language philosophy a precursor to experimental philosophy? Since the conditions on pursuit of either project are at best unclear, and at worst protean, the general question is hard to address. I focus instead on particular cases, seeking to uncover some central aspects of J. L. Austin’s and John Cook Wilson’s ordinary language based approach to philosophical method. I make a start at addressing three questions. First, what distinguishes their approach from other more traditional approaches? Second, (...) is their approach a form of experimental philosophy? Third, given their aims, should it have been? I offer the following preliminary answers. First, their approach distinctively emphasizes attention to what we should say when. Second, their approach is closer to contemporary experimental mathematics than it is to some prominent forms of contemporary experimental philosophy. Third, some purported grounds for pursuing their aims by way of surveying what individual speakers would say when are not compelling. (shrink)

Saul Kripke has claimed that there are necessary connections between material things and their material origins. The usual defences of such necessity of origin theses appeal to either a sufficiency of origin principle or a branching-times model of necessity. In this paper we offer a different defence. Our argument proceeds from more modest ‘independence principles’, which govern the processes by which material objects are produced. Independence principles are motivated, in turn, by appeal to a plausible metaphysical principle governing such processes, (...) their invulnerability to non-local prevention. We outline the new argument, and distinguish it from both of the usual defences. (shrink)

Abstract Do the central aims of epistemology, like those of moral philosophy, require that we designate some important place for those concepts located between the thin-normative and the non-normative? Put another way, does epistemology need "thick" evaluative concepts and with what do they contrast? There are inveterate traditions in analytic epistemology which, having legitimized a certain way of viewing the nature and scope of epistemology's subject matter, give this question a negative verdict; further, they have carried with them a tacit (...) commitment to what we argue to be an epistemic analogue of the reductionistic centralist thesis which Bernard Williams, in our view, successfully repudiates in ethics. In this essay, we challenge the epistemic analogue of the traditional but mistaken thesis. In offering an alternative to it which provides a comfortable home for the epistemic normativity which attends thick evaluative concepts, we align ourselves with what has been recently called the Value Turn in epistemology. From this perspective, we defend that, contrary to tradition, as influenced by centralist assumptions, epistemology does need thick evaluative concepts. Further, the sort of theories that will be able to give thick evaluative concepts an irreducible role in both belief and agent evaluation are adequately social epistemologies. What loosely refer to as second-wave of virtue epistemology is the widespread interest to provide a comfortable home for the role of thick normativity, as it is connected both with epistemic evaluation, and guidance. We recognize that, in breaking from centralism, there is a worry that a resulting anti-centralist theory will be reductionistic in the other direction, making the thick primary. We contend however that second-wave virtue epistemologies take different sources of social and epistemic value into account; they seek the 'right thickness' to ride with conception of epistemology and a field which due in part to virtue theory's resurgence, is today normative, diverse and expansive than was the traditional set of problems from which it emerged. (shrink)

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

In this article, I examine two of the standard objections to forms of value hedonism. The first is the common claim, most famously made by Bradley and Moore, that Mill's qualitative hedonism is inconsistent. The second is the apparent problem for quantitative hedonism in dealing with malicious pleasures. I argue that qualitative hedonism is consistent, even if it is implausible on other grounds. I then go on to show how our intuitions about malicious pleasure might be misleading.

A New Route to the Necessity of Origin’ (2004, henceforth ‘NR’), we offered an argument for the thesis that there are necessary connections between material things and their material origins. Much of the philosophical interest lay in our claim that the argument did not depend on so-called sufficiency principles for crossworld identity. It has been the verdict of much recent work on the necessity of origin that valid arguments for the thesis require some such sufficiency principle as a premise but (...) that such principles are deeply problematic.1 Finding an argument free of such principles would advance both our understanding and the plausibility of that thesis. These claims are now the subject of a pair of insightful critiques by Teresa Robertson and Graeme Forbes (2006, henceforth ‘RF’) and by Ross Cameron and Sonia Roca (2006, henceforth ‘CR’), and we welcome the opportunity to clarify and improve our account of the matter. (shrink)

This chapter introduces some central issues in Epistemology, and, like others in the open textbook series Introduction to Philosophy, is set up for rewarding college classroom use, with discussion/reflection questions matched to clearly-stated learning objectives,, a brief glossary of the introduced/bolded terms/concepts, links to further open source readings as a next step, and a readily-accessible outline of the classic between William Clifford and William James over the "ethics of belief." The chapter introduces questions of epistemic value through Plato's famous example (...) of the 'road to Larissa,' and goes on to explain work on doxastic responsibility, on intellectual “virtue”/“vice,” and on epistemic value monism vs. pluralism. Section 1; Epistemic Value and the Value Problem; Section 2: The Ethics of Belief; Section 3: Virtue & Vice Epistemologies; Section 4: Epistemic Paternalism. (shrink)

Could a work of art actually authored by one artist have been authored, instead, by another? This is the question of the necessity of authorship. After distinguishing this question from another, regarding individuation, with which it is often confused, this paper offers an argument that authorship is indeed a necessary feature of most artworks. The argument proceeds from ‘independence principles’, which govern the processes by which artworks are produced. Independence principles are motivated, in turn, by metaphysical reflections on what it (...) takes to prevent an artist from producing a particular work of art. (shrink)

This article deals with the question of how ethicists respond to practical moral problems emerging in health care practices. Do they remain distanced, taking on the role of an expert, or do they become engaged with nurses and other participants in practice and jointly develop contextualized insights about good care? A basic assumption of dialogical ethics entails that the definition of good care and what it means to be a good nurse is a collaborative product of ongoing dialogues among various (...) stakeholders engaged in the practice. This article discusses the value of a dialogical approach to ethics by drawing on the work of various nursing scholars. We present a case example concerning the quality of freedom restrictions for intellectually disabled people. Issues for discussion include the role and required competences of the ethicist and dealing with asymmetrical relationships between stakeholders. (shrink)

Résumé : Le thème de la Métaphysique de l’acte d’être a connu un succès jamais démenti au cours du siècle dernier, avec des auteurs comme Gilson, Maritain ou Fabro, pour ne citer que les plus célèbres. Pourtant, des questions de fond n’ont jamais reçu de réponse satisfaisante, et ont laissé le sentiment d’une doctrine inachevée et inachevable. Trois observations contribuent à cette insatisfaction : la quasi-absence d’une telle problématique chez Thomas d’Aquin, les désaccords entre certains points de la théorie ainsi (...) qu’entre les auteurs, et les incompatibilités avec certains thèmes centraux de la philosophie de Thomas d’Aquin. - Abstract: The theme of the Metaphysics of the act of being has known a never denied success over the last century, with authors like Gilson, Maritain or Fabro, to name only the most famous. Nevertheless, some important questions have never been fittingly answered, and have left the feeling of an unachieved and unachievable doctrine. Three observations contribute to this disappointment : a quasi-absence of such a problematic in Thomas Aquinas, contradictions between certain points of the theory as well as between the authors, and incompatibilities with certain central themes of the philosophy of Thomas Aquinas. (shrink)

When a new piece of information contradicts a currently held belief, one has to modify the set of beliefs in order to restore its consistency. In the case where it is necessary to give up a belief, some of them are less likely to be abandoned than others. The concept of epistemic entrenchment is used by some AI approaches to explain this fact based on formal properties of the belief set (e.g., transitivity). Two experiments were designed to test the hypothesis (...) that contrary to such views, (i) belief is naturally represented by degrees rather than in an all-or-nothing manner, (ii) entrenchment is primarily a matter of content and not only a matter of form, and (iii) consequently prior degree of belief is a powerful factor of change. The two experiments used Elio and Pelletier's (1997) paradigm in which participants were presented with full simple deductive arguments whose conclusion was denied, following which they were asked to decide which premise to revise. (shrink)

This paper adds a new perspective to recent debates about the political nature of rights through attention to their distinctive role within social movement practices of moral critique and social struggle. The paper proceeds through a critical examination of the Political Constitutionalist theories of rights politics proposed by Jeremy Waldron and Richard Bellamy. While political constitutionalists are correct to argue that rights are ‘contestable’ and require democratic justification, they construe political activity almost exclusively with reference to voting, parties and parliamentary (...) law-making, neglecting the vital role rights play in political struggle outside and against the official institutions of democratic citizenship. In contrast to the political constitutionalist stress on the patient and reciprocal negotiation of rights within formal electoral processes, this paper locates the political nature of rights in their conflictual logic as ‘claims’ in multiple spheres that function to mobilise oppos... (shrink)

This book discusses Process Pragmatism, the view that whatever is, derives from interactions. The contributors examine and defend its merits by focusing on major topics, including truth, the existence of unobservables, the origin of knowledge, scientific activity, mathematical functions, laws of nature, and moral agency.

Michael Devitt has argued that Chomsky, along with many other Linguists and philosophers, is ignorant of the true nature of Generative Linguistics. In particular, Devitt argues that Chomsky and others wrongly believe the proper object of linguistic inquiry to be speakers' competences, rather than the languages that speakers are competent with. In return, some commentators on Devitt's work have returned the accusation, arguing that it is Devitt who is ignorant about Linguistics. In this note, I consider whether there might be (...) less to this apparent dispute than meets the eye. -/- . (shrink)

Luck threatens in similar ways our conceptions of both moral and epistemic evaluation. This essay examines the problem of luck as a metaphilosophical problem spanning the division between subfields in philosophy. I first explore the analogies between ethical and epistemic luck by comparing influential attempts to expunge luck from our conceptions of agency in these two subfields. I then focus upon Duncan Pritchard's challenge to the motivations underlying virtue epistemology, based specifically on its handling of the problem of epistemic luck. (...) I argue that (1) consideration of the multifold nature of the problem of epistemic luck to an adequate account of human knowledge drives us to a mixed externalist epistemology; and (2) the virtue-theoretical approach presents a particularly advantageous way of framing and developing a mixed externalist epistemology. [ABSTRACT FROM AUTHOR] Copyright of Metaphilosophy is the property of Blackwell Publishing Limited and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts). (shrink)

The presence of luck in our cognitive as in our moral lives shows that the quality of our intellectual character may not be entirely up to us as individuals, and that our motivation and even our ability to desire the truth, like our moral goodness, can be fragile. This paper uses epistemologists' responses to the problem of “epistemic luck” as a sounding board for this fragility; it locates the source of much of the internalist-externalist debate in epistemology in divergent, value-charged (...) “interests in explanation,” which epistemologists bring with them to discussions of knowledge and justification. In so doing, It delineates commonalities and key differences between those authors I describe as virtue reliabilists and those I describe as virtue responsibilists, while showing how they each provides resources for leading beyond the impasse between internalism and externalism as standardly understood in the literature. (shrink)

Thirty years after the publication of Thomas Kuhn’s The Structure of Scientific Revolutions, sharp disagreement persists concerning the implications of Kuhn’s "historicist" challenge to empiricism. I discuss the historicist movement over the past thirty years, and the extent to which the discourse between two branches of the historical school has been influenced by tacit assumptions shared with Rudolf Carnap’s empiricism. I begin with an examination of Carnap’s logicism --his logic of science-- and his 1960 correspondence with Kuhn. I focus on (...) problems in the analysis applied to the unit of metascientific study or appraisal, arguing for a reassessment of historicist treatment of the internal/external distinction and historiographic meta-methodology. The critique of objectivism and relativism that eventuates from this re-assessment is a double-edged blade, undercutting both objectivist and relativist treatments of cognitive evaluation and scientific change. I use it to cut across an otherwise diverse group of historicist-influenced writers, including Imre Lakatos, Larry Laudan, H. M. Collins, Stephen Stich. I. Introduction.. (shrink)

Résumé Le but de cet article est d’interroger les trois notions de texte, discours et cognition, et les modèles théoriques, complémentaires ou opposés, qui les illustrent et les défendent. Pour cela, les notions ne seront pas analysées à la suite, une par une, mais en parallèle, deux par deux. Reprenant les orientations de mes travaux actuels en linguistique textuelle et en linguistique cognitive, je les confronterai en deux temps : texte vs. discours et texte vs. cognition. Cette double confrontation, avec (...) le texte pour dénominateur commun, laisse ainsi entendre, d’une part, que si je prends en compte le discours comme le cadre contextuel, situationnel, générique, où apparaît le texte, je m’attache au texte comme objet d’analyse, suivant en cela une tradition « pragoise », à la fois structurale ou macro-syntaxique et fonctionnelle ; cela laisse entendre, d’autre part, que cette conception du texte permet de concilier les théories néo-pragoises à celles que développent les linguistiques cognitives d’aujourd’hui, centrées sur diverses compétences, activités ou opérations, mentales, sémantiques, pragmatiques et sémiotiques, souvent regroupées sous le terme englobant ou résultant de représentation : espaces mentaux, projections, mélange (blending), émergence de sens. Pour finir je montre que la procédure de double intégration, conceptuelle et prédicative, permet d’illustrer la complémentarité des deux modèles, mental-cognitif et macrosyntaxique-textuel. (shrink)

If description of mental processes and evaluation of agents and their beliefs are rightly to be considered as complementary concerns on any plausible construal of the epistemological project, then this relationship cries out for explanation. For the complementarity of these concerns is hardly straightforward: One cannot epistemically evaluate a belief without knowing how it was formed, a causal or a scientific question; on the other hand, epistemic norms are and must be used to evaluate our scientific beliefs and theories, and (...) apparently then require a basis at least partly independent of scientific matters of fact. (shrink)

IOS Prexs, 2002 Introduction This book is the final project report of the BIOMED II project Ethical Function in Hospital Ethics Committees Commission,-2001 ...

Evidentialism as its leading proponents describe it has two distinct senses, these being evidentialism as a conceptual analysis of epistemic justification, and as a prescriptive ethics of belief—an account of what one ‘ought to believe’ under different epistemic circumstances. These two senses of evidentialism are related, but in the work of leading evidentialist philosophers, in ways that I think are deeply problematic. Although focusing on Richard Feldman’s ethics of belief, this chapter is critical of evidentialism in both senses. However, I (...) share with authors like Feldman and Earl Conee, that epistemology has important prescriptive functions, and that a sound, civic ethics of belief is of more than merely philosophic importance. One reason why an ethics of belief might be important to problems of practice is the need we have for tools to more effectively mediate the renewed round of ‘culture wars’ we are experiencing in Anglo-American cultures. I mean especially that grand cultural clash between science and religion, reason and faith, secularist atheism and religious fundamentalism, etc. Let us start with the genealogical question of why there is such a grand cultural debate in the first place, and why the debate especially as played out in public and popular forums and even in the courtrooms seems so volatile and so often to confusedly drag everything—beliefs, values, passions, etc., with it. These are questions that I think Sigmund Freud’s classic Civilization and its Discontents can help us understand. Freud was a major voice in criticism of the stern and often hypocritical Victorian morality, a voice pointing out the price of its sometimes high-handed, guiltinducing curtailments of the satisfactions sought by the individual. But for Freud while there are real differences in the moral demands that different societies or traditions place upon people, there is something inevitable about the conflict itself, for “replacement of the power of the individual by the power of a community constitutes the decisive step of civilization... (shrink)

The paper aims to make out the incoherence of the distinction between and rigid separation of ‘the linguistic’ and ‘the extra‐linguistic’ as well as to absolve Wittgenstein from any commitment to it. Insistence on a descent from the abstract to a concrete discussion allows a connection to be made between Tractatus positions such as: ‘The limits of my language indicate the limits of my world.’ and ‘The world and life are one.’ and the Investigations: ‘What has to be accepted is (...) ‐ so one could say ‐ forms of life.’ From this a picture is developed of the intimate interconnection between language, practical life, and world. (shrink)

In this paper, I engage with the radical critique of human rights moralism. Radical critics argue that: human rights are myopic ; human rights are demobilising ; human rights are paternalistic ; and human rights are monopolistic. I argue that critics offer important insights into the limits of human rights as a language of social justice. However, critics err insofar as they imply that human rights are irredeemably corrupted and they under-estimate the subversive potential of the moral ideas that underpin (...) the discourse. Building on the idea of human rights as claims, I set out the politicising features of human rights as they are deployed in a practical context of disagreement, conflict, and imbalances of power. I illustrate this discussion with reference to the contemporary struggles of irregular migrants. (shrink)

I take up the four issues considered by Johnson -Laird, Byrne and Girotto in their reply to Politzer. Based on the conceptual clarification which they adduce, it seems that the disagreement can be settled about the first one and can be attenuated about the second one. However, I maintain and refine my criticisms on the last two, backed up by considerations borrowed from the perspective of the conditional probability semantics for conditionals.

The centennial of Dewey & Tuft’s Ethics (1908) provides a timely opportunity to reflect both on Dewey’s intellectual debt to utilitarian thought, and on his critique of it. In this paper I examine Dewey’s assessment of utilitarianism, but also his developing view of the good (ends; consequences), the right (rules; obligations) and the virtuous (approbations; standards) as “three independent factors in morals.” This doctrine (found most clearly in the 2nd edition of 1932) as I argue in the last sections, has (...) significant forward-going implications for debates in ethics, insofar as it functions to deflate debates among ethicists that turns on claims about the conceptual primacy of any one of these three ethical concepts over the other two. To find what “permanent value each group contributes to the clarification and direction of reflective morality” was the task Dewey set for himself. But to carry that project through demands showing also why the application of considerations of ends, rules, and virtues to problems of practice is not quite as many self-described utilitarians, deontologists, and virtue ethicists conceive it. (shrink)

A critical notice of Roger Crisp's Reasons and the Good.

A partir du double constat d’une carence de statut et d’une crise de sens de la topologie lacanienne du nœud borroméen, nous tenterons d’expliciter le sens phénoménologique de ce nœud. Réduit à son essence, le nœud borroméen est composé de points et de trous. Or ces trous sont le résultat de mouvements expérimentables sur un mode affectif et charnel. La pul- sion, le désir, l’amour, constituent en effet la matière phénoménale du nœud borroméen. Avec Husserl, Merleau-Ponty et Patočka, nous montrerons (...) que la Terre originaire et immobile cons- titue l’ancrage de tous ces mouvements. Les mouvements-nœuds de la vie affective reçoivent alors une signification ontologique. Ils sont autant de variantes du mouvement primordial vers l’être. (shrink)