Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and (...) allied fields of practical reasoning. And by the same token, the contributions elucidate the reasons that courts and other decision-makers may have for departing from what has been done before. The phenomena under investigation include the law and practice of common law and civil jurisdictions around the world. In addition to its fundamental relevance to common law jurisdictions, this work will be of broad and significant interest to theoretically minded audiences in continental Europe, Latin America, and Asia because it involves an extensive study of practices of precedent in civil law systems as well as common law systems. (shrink)

Dan Zahavi engages with classical phenomenology, philosophy of mind, and a range of empirical disciplines to explore the nature of selfhood. He argues that the most fundamental level of selfhood is not socially constructed or dependent upon others, but accepts that certain dimensions of the self and types of self-experience are other-mediated.

We have some of our properties purely in virtue of the way we are. (Our mass is an example.) We have other properties in virtue of the way we interact with the world. (Our weight is an example.) The former are the intrinsic properties, the latter are the extrinsic properties. This seems to be an intuitive enough distinction to grasp, and hence the intuitive distinction has made its way into many discussions in philosophy, including discussions in ethics, philosophy of mind, (...) metaphysics, epistemology and philosophy of physics. Unfortunately, when we look more closely at the intuitive distinction, we find reason to suspect that it conflates a few related distinctions, and that each of these distinctions is somewhat resistant to analysis. (shrink)

... Let me start my investigation by taking a brief look at the way in which self-awareness is expressed linguistically, as in the sentences "I am tired" or ...

It is commonly believed that Edmund Husserl (1859-1938), well known as the founder of phenomenology and as the teacher of Heidegger, was unable to free himself from the framework of a classical metaphysics of subjectivity. Supposedly, he never abandoned the view that the world and the Other are constituted by a pure transcendental subject, and his thinking in consequence remains Cartesian, idealistic, and solipsistic. The continuing publication of Husserl’s manuscripts has made it necessary to revise such an interpretation. Drawing upon (...) both Husserl’s published works and posthumous material, Husserl’s Phenomenology incorporates the results of the most recent Husserl research. It is divided into three parts, roughly following the chronological development of Husserl’s thought, from his early analyses of logic and intentionality, through his mature transcendental-philosophical analyses of reduction and constitution, to his late analyses of intersubjectivity and lifeworld. It can consequently serve as a concise and updated introduction to his thinking. (shrink)

__Husserl and Transcendental Intersubjectivity __analyzes the transcendental relevance of intersubjectivity and argues that an intersubjective transformation of transcendental philosophy can already be found in phenomenology, especially in Husserl. Husserl eventually came to believe that an analysis of transcendental intersubjectivity was a _conditio sine qua non_ for a phenomenological philosophy. Drawing on both published and unpublished manuscripts, Dan Zahavi examines Husserl's reasons for this conviction and delivers a detailed analysis of his radical and complex concept of intersubjectivity, showing that precisely his (...) reflections on transcendental intersubjectivity are capable of clarifying the core-concepts of phenomenology, thus making possible a new understanding of Husserl’s philosophy. Against this background the book compares his view with the approaches to intersubjectivity found in Heidegger, Sartre, and Merleau-Ponty, and it then attempts to establish to what extent the phenomenological approach can contribute to the current discussion of intersubjectivity. This is achieved through a systematic confrontation with the language-pragmatical positions of Apel and Habermas. (shrink)

How should modern medicine's dramatic new powers to sustain life be employed? How should limited resources be used to extend and improve the quality of life? In this collection, Dan Brock, a distinguished philosopher and bioethicist and co-author of Deciding for Others (Cambridge, 1989), explores the moral issues raised by new ideals of shared decision making between physicians and patients. The book develops an ethical framework for decisions about life-sustaining treatment and euthanasia, and examines how these life and death decisions (...) are transformed in health policy when the focus shifts from what is best for a patient to what is just for all patients. Professor Brock combines acute philosophical analysis with a deep understanding of the realities of clinical health policy. This is a volume for philosophers concerned with medical ethics, health policy professionals, physicians interested in bioethics, and undergraduate courses in biomedical ethics. (shrink)

The leading account of intrinsicality over the last thirty years has arguably been David Lewis's account in terms of perfect naturalness. Lewis's account, however, has three serious problems: i) it cannot allow necessarily coextensive properties to differ in whether they are intrinsic; ii) it falsely classifies non-qualitative properties like being Obama as non-intrinsic; and iii) it is incompatible with a number of metaphysical theories that posit irreducibly non-categorical properties. I argue that, as a result of these problems, Lewis's account should (...) be rejected and replaced with an alternative account, which also analyses intrinsicality in terms of perfect naturalness, but which avoids these problems. (shrink)

Dan Sperber, Deirdre Wilson; IX*—Loose Talk, Proceedings of the Aristotelian Society, Volume 86, Issue 1, 1 June 1986, Pages 153–172, https://doi.org/10.1093/ar.

Prudential hedonism has been beset by many objections, the strength and number of which have led most modern philosophers to believe that it is implausible. One objection in particular, however, is nearly always cited when a philosopher wants to argue that prudential hedonism is implausible—the experience machine objection to hedonism. This paper examines this objection in detail. First, the deductive and abductive versions of the experience machine objection to hedonism are explained. Following this, the contemporary responses to each version of (...) the argument are assessed and the deductive version is argued to be relatively ineffective compared to the abductive version. Then, a taxonomy of the contemporary critical responses to the abductive version is created. Consideration of these responses shows that the abductive version of the objection is fairly powerful, but also that one type of response seems promising against it. This response argues that experience machine thought experiments seem to elicit judgments that are either too biased to be used as evidence for the objection or not obviously in favour of reality. It is argued that only this type of refutation seems likely to convince proponents of the abductive version that the objection is much weaker than they believe it to be. Finally, it is suggested that more evidence is required before anything definitive can be said on the matter. (shrink)

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The ‘self’ is increasingly used as a variable in cognitive experiments and correlated with activity in particular areas in the brain. At first glance, this seems to transform the self from an ephemeral theoretical entity to something concrete and measurable. However, the transformation is by no means unproblematic. We trace the development of two important experimental paradigms in the study of the self, self-face recognition and the adjective self ascription task. We show how the experimental instrumentalization has gone hand in (...) hand with a simplification of the self-concept, and how more conceptual and theoretical reflections on the structure, function and nature of self have either disappeared altogether or receded into the background. We argue that this development impedes and complicates the interdisciplinary study of self. (shrink)

In this paper I put forward and substantiate a possible defensive move on behalf of the relativist about predicates of personal taste that can be used to block a recent contextualist argument raised against the view: the ‘argument from binding’ proposed in Schaffer (). The move consists in adopting Recanati's “variadic functions” apparatus and applying it to predicates of personal taste like ‘tasty’ and experiencer phrases like ‘for John’. I substantiate the account in a basic relativistic framework and reply to (...) several objections to the variadic-functions approach in general and to its application to the expressions at hand. (shrink)

Tesis doctoral presentada en el departament de Lògica Història i Filosofia de la Ciencia de la Universitat de Barcelona per optar al títol de Doctor en Filosofia.

If one comes to Phénoménologie de la perception after having read Sein und Zeit (or Prolegomena zur Geschichte des Zeitbegriffs) one will be in for a surprise. Both works contain a number of both implicit and explicit references to Husserl, but the presentation they give is so utterly different, that one might occasionally wonder whether they are referring to the same author. Thus nobody can overlook that Merleau-Ponty’s interpretation of Husserl differs significantly from Heidegger’s. It is far more charitable. In (...) fact, when evaluating the merits of respectively Husserl and Heidegger, Merleau-Ponty often goes very much against the standard view. This is not only the case in his notorious remark on the very first page of Phénoménologie de la Perception where he declares that the whole of Sein und Zeit is nothing but an explication of Husserl’s notion of Lifeworld, but also - to give just one further example - in one of his Sorbonne-lectures, where Merleau-Ponty writes that Husserl took the issue of historicity far more seriously than Heidegger. (shrink)

Dan Marshall and Josh Parsons note, correctly. that the property of being either a cube or accompanied by a cube is incorrectly classified as intrinsic under the definition we have given unless it turns out to be disjunctive. Whether it is disjunctive, under the definition we gave, turns on certain judgements of the relative naturalness of properties. They doubt the judgements of relative naturalness that would classify their property as disjunctive. We disagree. They also suggest that the whole idea of (...) judging relative naturalness is a dubious business. We reply that, like them or not, such judgements cannot easily be avoided. (shrink)

Animal research in the United Kingdom is regulated by the Animals Act 1986, which requires a government minister to weigh the expected suffering of animals against the expected benefits of a proposed animal research project—the “cost-benefit assessment”—before licensing the project. Research into the implementation of this legislation has been severely constrained by statutory confidentiality. This paper overcomes this hindrance by describing a critical case study based on unprecedented primary data: pig-to-primate organ transplantation conducted between 1995 and 2000. It reveals that (...) researchers and regulators significantly underestimated the adverse effects suffered by the animals involved, while overestimating the scientific and medical benefits likely to accrue. Applying dynamic policy network analysis to this case in the context of the evolution of animal research policy indicates that an elitist, policy community type network has persisted since shortly after the network’s formation in 1876. Animal research interests have repeatedly withstood pressure for change from animal protection groups because of their greater resources, structural advantages, and a culture of secrecy that facilitates an implementation gap in animal research regulation. (shrink)

Most human beliefs are acquired through communication, and so are most misbeliefs. Just like the misbeliefs discussed by McKay & Dennett (M&D), culturally transmitted misbeliefs tend to result from limitations rather than malfunctions of the mechanisms that produce them, and few if any can be argued to be adaptations. However, the mechanisms involved, the contents, and the hypothetical adaptive value tend to be specific to the cultural case.

My discussion will focus on what is arguable the main claim of Being No One: That no such things as selves exist in the world and that nobody ever was or had a self. In discussing to what extent Metzinger can be said to argue convincingly for this claim, I will also comment on his methodological use of pathology and briefly make some remarks vis-à-vis his understanding and criticism of phenomenology.

In this paper I discuss two philosophical issues that hold special interest for empirical researchers studying happiness. The first issue concerns the question of how the psychological notion(s) of happiness invoked in empirical research relates to those traditionally employed by philosophers. The second concerns the question of how we ought to conceive of happiness, understood as a purely psychological phenomenon. With respect to the first, I argue that ‘happiness’, as used in the philosophical literature, has three importantly different senses that (...) are often confused. Empirical research on happiness concerns only one of these senses, and serious misunderstandings about the significance of empirical results can arise from such confusion. I then argue that the second question is indeed philosophical and that, in order to understand the nature of (what I call) psychological happiness, we need first to determine what a theory of happiness is supposed to do: what are our theoretical and practical interests in the notion of happiness? I sketch an example of how such an inquiry might proceed, and argue that this approach can shed more light on the nature and significance of happiness (and related mental states) than traditional philosophical methods. (shrink)

This is the text of the Radcliffe-Brown Lecture in Social Anthopology 1999 (To appear in the Proceedings of the British Academy). In it, I argue that to approach society and culture in a naturalistic way, the domain of the social sciences must be reconceptualised by recognising only entities and processes of which we have a naturalistic understanding. These are mental representations and public productions, the processes that causally link them, the causal chains that bond these links, and the complex webs (...) of such causal chains that criss-cross human populations over time and space. Such causal chains may distribute and stabilise representations and productions throughout a human population, thereby generating culture. The lecture introduces several conceptual tools useful for such a naturalistic approach, and illustrates their use with the case study of ritual activity in a Southern Ethiopian household. (shrink)

This article engages critically with Margaret Gilbert’s proposal that joint commitments are necessary for collective emotions. After introducing Gilbert’s concept of joint commitment (Section 2), and the joint commitment account of collective emotions (Section 3), we argue in Section 4 that research from developmental psychology challenges the necessity of joint commitments for collective emotions. In that section, we also raise a more principled objection to Gilbert’s account, independently of developmental considerations. Section 5 develops a complementary line of argument, focused on (...) the notion of mutual recognition. While we agree with Gilbert that mutual recognition has an important role to play in an account of collective emotions, we take issue with her attempt to analyse face-to-face based mutual recognition in terms of the concept of joint commitment. We conclude by sketching an alternative analysis of collective emotions that highlights the role of interpersonal identification and socially mediated self-consciousness. (shrink)

According to Aristotle, "to be learning something is the greatest of pleasures not only to the philosopher but also to the rest of mankind," (Poetics 1448b). But even as he affirms the unbounded human capacity for integrating new experience with existing knowledge, he alludes to a significant exception: "The sight of certain things gives us pain, but we enjoy looking at the most exact images of them, whether the forms of animals which we greatly despise or of corpses." Our capacity (...) for learning is happily engaged in viewing representations of painful objects, but not, it seems, in viewing the objects themselves. When an experience is intensely painful, what then is a rational animal to do? We can neither disable our learning process, nor erase its traces. In the face of intense pain, horror, or terror, learning and remembrance cause no pleasure but rather persistent psychological pain and disruption. The memorious mind reverberates with trauma. (shrink)

This book fills that void and is a welcome addition on that count."--Ronald F. Webbink, University of Illinois, Urbana-Champaign.

Stephen Mumford's Dispositions1 is an interesting and thought-provoking addition to a recent surge of publications on the topic.2 Dispositions have not been such a hot topic since the heyday of behaviourism. But as Mumford argues in his first chapter, the importance of dispositions to contemporary philosophy can hardly be underestimated. Dispositions are fundamental to causal role functionalism in the philosophy of mind, response-dependent truth conditional accounts of moral and other concepts,3 capacity accounts of concepts more generally,4 theories of belief, the (...) compatibilist conception of free will, the philosophy of matter, probability (propensities) and more. So it is natural that conceptual and ontological issues about dispositions have come again to the fore. The only surprise is that it's taken so long. (shrink)

In this paper, I will introduce you to a new theory of mental representation, emphasizing two important features. First, the theory coheres very well with folk psychology; better, I believe, than its competitors (e.g. Cummins, 1996; Dretske, 1988; Fodor, 1987 and Millikan, 1989, with which it has the most in common), though I will do little by way of direct comparison in this paper. Second, it receives support from current neuroscience. While other theories may be consistent with current neuroscience, none (...) that I know of actually receives some degree of confirmation from it. There are many different kinds of representations. Some examples are maps, words, meter and gauge readings, diagrams, pictures, scale models, computer simulations, blueprints, charts, musical notation, smoke signals, semaphore, and computer data structures. Qua representations, they all possess intentionality, or aboutness: maps are about places, most words are about the entities they refer to, meters and gauges are about the quantities they measure, etc. However, it seems they have little in common beyond this aboutness (Millikan, 1984, p. 85). Therefore we should be open to the possibility that the aboutness of different representations is ultimately to be explained in different ways. It is becoming increasingly popular to understand the aboutness of a large class of these representations in terms of function.1 For example, a tire gauge represents one of the properties that it indicates or carries information about, namely air pressure. However, it also carries information about other quantities. If the pressure and volume of the tire are kept constant, the tire gauge will indicate the temperature of the air inside the tire, and if the temperature and pressure are kept constant, the gauge will indicate the tire volume. However, although the tire gauge indicates these things, it does not represent them. It only.. (shrink)

Robert Nozick's experience machine thought experiment (Nozick's scenario) is widely used as the basis for a ?knockdown? argument against all internalist mental state theories of well-being. Recently, however, it has been convincingly argued that Nozick's scenario should not be used in this way because it elicits judgments marred by status quo bias and other irrelevant factors. These arguments all include alternate experience machine thought experiments, but these scenarios also elicit judgments marred by status quo bias and other irrelevant factors. In (...) this paper, several experiments are conducted in order to create and test a relatively bias-free experience machine scenario. It is argued that if an experience machine thought experiment is used to evaluate internalist mental state theories of well-being, then this relatively bias-free scenario should be used over any of the existing scenarios. Unlike the existing experience machine scenarios, when this new scenario is used to assess internalist mental state theories of well-being, it does not provide strong evidence to refute or endorse them. (shrink)

There is an obvious, perhaps even trite, argument against getting married which deserves our attention. Reduced to a crude sketch, the argument is simply that, most of us view the prospect of being married in the absence of mutual love with something like horror or at least great antipathy; the mutual love between us and our spouse existing at the inception of our marriage may very well fail to persist; and hence when we marry we are putting ourselves in the (...) position of quite possibly ending up in a loveless marriage of the sort we acknowledge to be undesirable, and this is a mistake. (shrink)

Public health emergencies invariably entail difficult decisions among medical and emergency first responders about how to allocate essential, scarce resources. To the extent that these critical choices can profoundly impact community and individual health outcomes, achieving consistency in how these decisions are executed is valuable. Since the terrorist attacks on September 11, 2001, however, public and private sector allocation plans and decisions have followed uncertain paths. Lacking empirical evidence and national input, various entities and actors have proffered multifarious approaches on (...) how best to allocate scarce resources to protect the public's health. Though beneficial in some jurisdictions, these approaches fail to clarify how the type and amount of care delivered in major emergencies might be curtailed. This is due, in part, to a lack of meaningful guidance on shifting standards of care in major emergencies. (shrink)

Seit der Veröffentlichung von Chalmers einflussreichem Werk The Conscious Mind war es üblich, die philosophischen Probleme des Bewusstseins in zwei Gruppen zu teilen. Während sich das sogenannte „schwere Problem des Bewusstseins“ auf die Natur des phänomenalen Bewusstseins und die Perspektive der ersten Person bezieht, befasst sich das „leichte Problem des Bewusstseins“ vor allem mit dem Begriff der Intentionalität. Doch es stellt sich die Frage, ob es tatsächlich möglich ist, Intentionalität eingehend zu erforschen, ohne dabei die erfahrungsbezogenen Dimensionen zu berücksichtigen? Und (...) vice versa, ist es möglich, die Natur der Subjektivität und der Erfahrung zu verstehen, wenn man die Intentionalität ignoriert, ohne sich dem Risiko auszusetzen, den cartesianischen Dualismus von „Subjekt“ und „Welt“ wieder ins Leben zu rufen, das alles ignoriert, was mit dem „In-der-Welt-sein“-Syntagma umschrieben ist? In meinem Artikel untersuche ich, ob das phänomenale Bewusstsein und die Intentionalität nicht zwei Seiten einer und derselben Medaille sind, die nicht zertrennt werden können, ohne dass bei der Teilung ein Fehler begangen wird. (shrink)

Dan Flory; Race, Rationality, and Melodrama: Aesthetic Response and the Case of Oscar Micheaux, The Journal of Aesthetics and Art Criticism, Volume 63, Issue 4.

Context: Neurophenomenology lies at a rich intersection of neuroscience and lived human experience, as described by phenomenology. As a new discipline, it is open to many new questions, methods, and proposals. Problem: The best available scientific ontology for neurophenomenology is based in dynamical systems. However, dynamical systems afford myriad strategies for organizing and representing neurodynamics, just as phenomenology presents an array of aspects of experience to be captured. Here, the focus is on the pervasive experience of subjective time. There is (...) a need for concepts that describe synchronic (parallel) features of experience as well as diachronic (dynamic) structures of temporal objects. Method: The paper includes an illustrative discussion of the role of temporality in the construction of the awareness of objects, in the tradition of Husserl, James, and most of 20th century phenomenology. Temporality illuminates desiderata for the dynamical concepts needed for experiment and explanation in neurophenomenology. Results: The structure of music – rather than language – is proposed as a source for descriptive and explanatory concepts in a neurophenomenology that encompasses the pervasive experience of duration, stability, passing time, and change. Implications: The toolbox of cognitive musicology suddenly becomes available for dynamical systems approaches to the neurophenomenology of subjective time. The paper includes an illustrative empirical study of consonance and dissonance in application to an fMRI study of schizophrenia. Dissonance, in a sense strongly analogous to its acoustic musical meaning, characterizes schizophrenia at all times, while emerging in healthy brains only during distracting and demanding tasks. Constructivist content: Our experience of the present is a continuous and elaborate construction of the retention of the immediate past and anticipation of the immediate future. Musical concepts are almost entirely temporal and constructivist in this temporal sense – almost every element of music is constructed from relations to non-present musical/temporal contexts. Musicology may offer many new constructivist concepts and a way of thinking about the dynamical system that is the human brain. (shrink)

This paper advances the argument that Foucault's notion of 'bodily inscription' can be found in more rudimentary form in the Nietzschean notion of 'bodily descent'- the path qua pathology of 'going under' first outlined by Nietzsche in Thus Spoke Zarathustra. The argument is set within context of the ongoing debate in Foucault studies about whether a non-discursive dimension of the body can be posited or whether the body is always already and inevitably discursive. Following Judith Butler's assessment that there is (...) in Foucault's work the presence of a body outside of signification, the present paper argues that Foucaultian bodily inscription is akin to Nietzschean bodily descent: both are predicated on and depend upon the occluded presence of an inherently 'indecent' or 'undisciplined' body, one that disrupts the discursive economy of subjectivization (assujettissement). Through the detailed reading of an exemplary tale by Franz Kafka ('In the Penal Colony'), we attempt to describe the structural axes or disciplinary matrix that descends and is imposed upon 'undisciplined' or 'indecent' bodies, revealing in so doing the 'indecent' body subject to this descent, the body 'crossed over' and 'crossed out' - 'double crossed' - by these axes, by this matrix. We suggest that it is at the crossroads or the crossing of these axes, precisely at the point where the indecent and untidy body is 'inscribed' and 'disciplined', that Foucault, like Nietzsche, locates a point that points beyond the structure, beyond axial and axiomatic binaries, to a body of inherent possibilities, affective virtualities, and spirited resistance. (shrink)

This study proposes a philosophical analysis of the public discourse that accompanies the cultural policy in Romania: justifications and finalities of State intervention in the cultural field, as well as representations of the roles that the public authorities attribute to culture/art. The objective is to bring into light the philosophical, political and aesthetical values that found and legitimise the cultural policies and shape the relationship between State and artists/art. It is basically about understanding the nature of representations on culture and (...) art that underlie the State intervention in the cultural field and, consequently, to determinate the ethos of the cultural policy in post-communist Romania and to expose the constraints that are still limiting its exercise. (shrink)

Paul's new message makes contact with a context provided by an item in his hearer's historical tradition—Deuteronomy—and also by the/a comic genre, which is a structure of the human mind.