Fifteen philosophers look at the deeper issues raised in the highly popular TV drama, including common morality, legal correctness and legal ethics, discussing the gray areas of legal battles and maneuvering.

Contemporary scholars have generally labelled Adolf Reinach, a founding member of early phenomenology’s Göttingen Circle, a Platonist. Because Reinach conceives of states of affairs as neither real nor ideal, as involved with timeless essences and necessary logical laws, many have hastily concluded that states of affairs are Platonic entities. In this essay, I analyse Barry Smith’s argument that Reinach is a Platonist. Smith’s widely accepted argument often becomes utilised to show that Reinach and other phenomenologists, including Husserl, are Platonic realists (...) (or, simply, Platonists). A closer look at Reinach’s text indicates, however, that he is notcommitted to Platonic realism. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called 'homunculus fallacy' (HmF). The HmF was coined by Anthony Kenny in 1971, in his essay by the same name. Following Ludwig Wittgenstein, Kenny describes the fallacy as occurring when we ascribe to the brain attributes that can be ascribed only to the animal as a whole. Historically this fallacy is connected to the theory of vision or what is sometimes called the Cartesian theater. Someone might explain human (...) vision by saying that when we look around at objects in the world, the light forms an image on the retinas of eyes and something or some little person (where the term homunculus comes from) in the brain looks at these as if they were images on a movie screen. (shrink)

In this paper, we first investigate a bit of feminist and hermeneutical aesthetics. Building upon these theories, we expand the discussion of art to include the fleshy canvas.We argue that a feminist philosophy of art suggests a sound theoretical framework by which one can maintain that skin art is just that – art. In its contemporary practice, tattooing has become a new form of art, and feminist theory provides context for interpretation. The tattooed body may agitate conventional conceptions of fine (...) art – but art evolves, and history makes this much clear. Definitions of art tend to develop, as does artistic practice. Artistic innovations subvert what is old and stale within the institutional art world, while art theory empowers that subversion and provides a context for the appreciation of art. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy, 'confusing an explanation for an excuse'. This fallacy occurs when there is an uncritical assumption that an explanation given for an action or event is an attempt to justify it. Sometimes this fallacy comes about when there is general confusion about the difference between an explanation and an excuse. Other times, we see this fallacy committed intentionally when someone is attempting to use an explanation of facts as some (...) kind of justification or proof for an action. One of the best ways to avoid this fallacy is simply to ask someone if he/she is stating facts or justifying some event or action rather than assuming. Another way to avoid committing this fallacy is to listen carefully to what someone is saying, especially when the argument is rather emotionally charged. (shrink)

Adolf Reinach and Gerda Walther were two figures of the early movement who gave phenomenological description to mystical and uncanny experiences; and, while the phenomenological approach each employs is slightly different, both commit to phenomenological description of the experiences of God and the uncanny, including the foreseeing of one’s death, in a manner that is open-minded and unprejudiced. In this chapter I will discuss the experiences of foreseeing and of God for both Reinach and Walther. I will rely on their (...) first-hand accounts of such experiences, utilizing the battlefield notes of Reinach from WWI found in his Sämtliche Werke and the mystical experience Walther describes having in 1918 in her book Zum Anderen Ufer. In the end it will become clear that phenomenology is an approach for all kinds of experiences, even those that are most unconventional, and thus the potential for further and fresh research is great. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called 'euphemism'. Euphemisms create emotional distance and thus provide a level of comfort and ease when discussing a topic that is sensitive, difficult, or disturbing. In some instances, euphemisms are intentionally used to sway people's opinions or emotions to a particular side, as in the example of politicians' referring to the anti‐abortion position as “pro‐life”, torture techniques as “enhanced interrogation”, or the non‐combatants civilians who die during armed conflict (...) as “collateral damage”. Euphemisms are fallacious because they are intentionally used to conceal the truth and obscure any real meaning; they are soft language used to mask or downplay warranted emotional force. Being ambiguous or vague in meaning brands euphemisms as a type of weasel word. Using honest, direct language and making sure the neutrality deployed is accurate is the best way to avoid euphemisms and weasel wording. (shrink)

Adolf Reinach began his education in phenomenology with the teachings of Theodor Lipps before encountering Edmund Husserl’s Logical Investigations in 1902. What attracted Reinach to the Logical Investigations was the philosophical realism he saw accompanying Husserl’s criticism of psychologism and discussions of the formal structures of meaning therein. However, shortly after Reinach and a number of the Munich Circle members began studying with him in Göttingen, it became clear that the position Husserl espoused was shifting into transcendental idealism. Reinach maintained (...) a theoretical independence from Husserl while embarking on the richest kind of dialogue with his revolutionary texts and teachings. By bringing out the strengths of some of Husserl’s ideas and finding ways to repair the weaknesses of others, Reinach discovered new applications for the realism he found so attractive and significant in the Logical Investigations. I argue that this was how Reinach’s response to Husserl took shape and grew, and set the foundation for the version of phenomenology that Reinach would continue to build upon with his own students until he left for the battlefield of World War I. This article sets forth and explores Reinach’s realist response to Husserl by focusing on his expansion of the a priori, and his ontological work on essence and states of affairs – including his original contributions to jurisprudence. (shrink)

This chapter contains sections titled: Mobile Art Gallery The State of Aesthetic Theory The Female Fleshy Canvas: Body Art from a Feminist Perspective Gadamer's Hermeneutics and Tattoos: Play, Festival, and Symbol Art Cannot Change the World, but it Can Influence Those Who Will.

This chapter focuses on one of the common fallacies in Western philosophy called 'proving too much'. The proving too much fallacy has been committed when an argument can be used to also prove something false or leads to contradictory conclusions. An argument that proves too much demonstrates a lack of soundness, since sound arguments can only establish true conclusions, and thus when an argument can be used to prove false conclusions, it becomes evident that there is a flaw in its (...) reasoning. The fallacy of proving too much is not really a single fallacy so much as a great tool for detecting faulty reasoning, since any argument that leads to a contradiction cannot be sound. There are a few forms this fallacy can take on such as when an argument leads to multiple contradictory conclusions. (shrink)

The article discusses research work of Heinrich Hofmann, who has completed doctoral studies in mathematics under Karl Weierstrass in Berlin. His first book "Philosophy of Arithmetic: Psychological and Logical Investigations With Supplementary Texts From 1887-1901" contains his thesis "In the Concept of Number: Psychological Analyses" completed in the guidance of Weierstrass.

This chapter focuses on one of the common fallacies in Western philosophy, “unwarranted assumption”. Unwarranted assumptions are claims or beliefs that possess little to no supporting evidence, things we might take for granted as true, or just completely false ideas we inherited without reflection. When we reason using implicit assumptions or further propositions whose truth is uncertain or implausible, we commit the fallacy of unwarranted assumption and the truth of our conclusions is grossly affected. Prejudices and stereotypes are some common (...) ways in which we make unwarranted assumptions. The key to preventing this fallacy is evidence: warranted assumptions have evidence and ways of demonstrating their truth with certainty. It is best to not hold something as true or applicable without proof that it is true and applicable. This implies that we need to assess our ways of thinking and belief formation critically. (shrink)

The product of a Kickstarter fundraising campaign, "Clear and Present Thinking" is a college-level textbook in logic and critical thinking. Chapters: 1. Questions, Problems, and World Views 2. Good and Bad Thinking Habits 3. Basics of Argumentation 4. Fallacies 5. Reasonable Doubt 6. Moral Reasoning In an effort to reduce the cost of education for students, this textbook was funded by over 700 people through the Kickstarter online crowd-funding platform.

We argue that, under certain plausible assumptions, de Sitter space settles into a quiescent vacuum in which there are no dynamical quantum fluctuations. Such fluctuations require either an evolving microstate, or time-dependent histories of out-of-equilibrium recording devices, which we argue are absent in stationary states. For a massive scalar field in a fixed de Sitter background, the cosmic no-hair theorem implies that the state of the patch approaches the vacuum, where there are no fluctuations. We argue that an analogous conclusion (...) holds whenever a patch of de Sitter is embedded in a larger theory with an infinite-dimensional Hilbert space, including semiclassical quantum gravity with false vacua or complementarity in theories with at least one Minkowski vacuum. This reasoning provides an escape from the Boltzmann brain problem in such theories. It also implies that vacuum states do not uptunnel to higher-energy vacua and that perturbations do not decohere while slow-roll inflation occurs, suggesting that eternal inflation is much less common than often supposed. On the other hand, if a de Sitter patch is a closed system with a finite-dimensional Hilbert space, there will be Poincaré recurrences and dynamical Boltzmann fluctuations into lower-entropy states. Our analysis does not alter the conventional understanding of the origin of density fluctuations from primordial inflation, since reheating naturally generates a high-entropy environment and leads to decoherence, nor does it affect the existence of non-dynamical vacuum fluctuations such as those that give rise to the Casimir effect. (shrink)

When a provocateur intentionally provokes a deadly affray, the law of self-defense holds that the provocateur may not use deadly force to defend himself. Why is this so? Provocateurs are often seen as just one example of the problem of actio libera in causa, the causing of the conditions of one’s defense. This article rejects theories that maintain a one-size-fits-all approach to actio libera in causa, and argues that provocateurs need specific rules about why they forfeit their defensive rights. This (...) article further claims that provocateurs need to be distinguished from their cousins, initial aggressors, as initial aggressors engage in conduct that grounds the permissibility of the defender’s behavior whereas the provocateur’s behavior does not justify the respondent’s use of force against him. In addition, this article rejects that the basis of this forfeiture can be found in the doctrines surrounding when and why mitigation for provocation is appropriate for the respondent. Provocateurs forfeit their defensive rights for the very simple reason that they start the fight. This forfeiture occurs when they behave culpably, meaning that they subjectively appreciate that they are running the risk of causing force to be used against them and they engage in this behavior without justification or excuse. The question of when the provocateur’s behavior is justified is incredibly complex. It requires analysis of when it is that one is justified in increasing the risk of another’s wrongdoing. Any analysis of this justification must take seriously the liberty rights of the potential provocateur to engage in otherwise permissible behavior. Moreover, the determination of whether the provocateur is justified will turn on whether the later acts that he puts into motion are themselves justified. Thus, when Charles Bronson in the movie Death Wish presents himself as a victim so that muggers will attack him, the justifiability of his conduct in appearing as a vulnerable victim will turn on whether he is entitled to engage in this conduct, intending to later defend himself. This article argues that in Death Wish-type cases, the reason that the provocateur is not justified is because he becomes a vigilante, thereby usurping the role of the state and undermining rule of law values. (shrink)

In recent years, scholars have come to understand emotions as dynamic and socially constructed—the product of interdependent cultural, relational, situational, and biological influences. While researchers have called for a multilevel theory of emotion construction, any progress toward such a theory must overcome the fragmentation of relevant research across various disciplines and theoretical frameworks. We present affect control theory as a launching point for cross-disciplinary collaboration because of its empirically grounded conceptualization of social mechanisms operating at the interaction, relationship, and cultural (...) levels, and its specification of processes linking social and individual aspects of emotion. After introducing the theory, we illustrate its correspondence with major theories of emotion construction framed at each of four analytical levels: cultural, interactional, individual, and neural. (shrink)

The U.S. Supreme Court declared procreation to be a fundamental right in the early twentieth century in a case involving Oklahoma's Habitual Criminal Sterilization Act, an act that permitted unconsented sterilization of individuals convicted of certain crimes. The right that the Court articulated in that case is a negative right: it requires that the government not place unjustified roadblocks in the way of people seeking to procreate, but it does not require the government to take positive steps to help people (...) procreate if they wish to. I argue that a positive legal right is morally necessary in the United States, given the profound significance of procreation, the current barriers to access to care, and the related issues of individual and societal justice. I assume at the outset that the right to procreate should be expansive enough to include a right to noncoital reproduction. The absence of a positive right to procreate reflects not just constitutional tradition but also a governmental and societal commitment to a longstanding set of reproductive hierarchies by which those who fall outside of the traditional framing of family too frequently find their procreative dreams hindered. Reconceiving procreative rights to include a positive right would create greater opportunities to argue and lobby for increased access to technologies that are out of reach for many. (shrink)

Governing Animals explores the role of the liberal state in protecting animal welfare. Examining liberal concepts such as the social contract, property rights, and representation, Kimberly K. Smith argues that liberalism properly understood can recognize the moral status and social meaning of animals and provides guidance in fashioning animal policy.

This fellowship project addressed the need to increase diversity in public health law. Non-traditional delivery methods of education, such as synchronous online classes and offering courses during an intersession between regular semesters and in the evenings, expanded the opportunities for diverse students to learn about the field and have meaningful internship experiences in public health law. Synchronous distance education is the wave of the future for law teaching and has particular significance in the teaching of public health law.

Although it is not yet officially recognized as a clinical entity which is diagnosable, Internet Gaming Disorder (IGD) has been included in section III for further study in the DSM-5 by the American Psychiatric Association (APA, 2013). This is important because there is increasing evidence that people of all ages, in particular teens and young adults, are facing very real and sometimes very severe consequences in daily life resulting from an addictive use of online games. This article summarizes general aspects (...) of IGD including diagnostic criteria and arguments for the classification as an addictive disorder including evidence from neurobiological studies. Based on previous theoretical considerations and empirical findings, this paper examines the use of one recently proposed model, the Interaction of Person-Affect-Cognition-Execution (I-PACE) model, for inspiring future research and for developing new treatment protocols for IGD. The I-PACE model is a theoretical framework that explains symptoms of Internet addiction by looking at interactions between predisposing factors, moderators, and mediators in combination with reduced executive functioning and diminished decision making. Finally, the paper discusses how current treatment protocols focusing on Cognitive-Behavioral Therapy for Internet addiction (CBT-IA) fit with the processes hypothesized in the I-PACE model. (shrink)

The multi-faceted ecological crisis—combining problems of ecology, society, and religion—is tied to the ideologies implicit in Western thinking. In this essay, I outline an ecofeminist theology which addresses how the current ecological crisis we face—including but not limited to, climate change, mass species extinction, ocean acidification, the rise in wildfires and superstorms, glacial melt, pollution—are tied to problematic and incorrect ideologies. To do this, I utilize Val Plumwood’s robust ecofeminist philosophy to revealing harmful dualisms implicit in all forms of oppression. (...) I critique transcendental monotheism for extracting life, God, and agency from the natural world. If God exists over and above the Earth, and this God is omnipotent, omnipresent, and omniscient, this justifies the problematic lagged response to our urgent ecological crisis. In short, my ecofeminist theology affirms intersectionality. It considers racial injustice and systemic racism are intertwined with the ecological crises. We cannot address our ecological crisis without also addressing racial injustice. It critiques a transcendental monotheistic God as this reinforces irresponsible and apathetic responses to our multi-faceted ecological crisis. And it affirms Plumwood’s “philosophical animism” as a way to retrieve nature in the active voice. By retrieving nature in the active voice, we retrieve a sense of groundedness in place through relationships with non-humans. Her “philosophical animism” affirms agency in the natural world without culturally appropriating Indigenous cultures. It is a way for Westerners to enter into dialogical relationship with the natural world. It is both political—affirming the rights of Black, Indigenous, and other people of color—and it is personal—engaging in a practice of the wild. (shrink)

In The Myth of Ownership, Liam Murphy and Thomas Nagel argue that achieving fairness in taxation is principally a matter of distributive justice. Distributive justice can be understood as being concerned with what is owed to people as a matter of justice. For Nagel and Murphy, fairness in tax schemes is subsumed to the question of distributive justice: fairly allocated tax liabilities are just those that are compatible with the preferred theory of distributive justice. Subsuming assessments of tax fairness to (...) distributive justice, however, overlooks the following possibility: that the question of how we ought to divvy up tax liabilities, and the burdens associated with running a society more generally, requires different, non-distributive considerations of justice. These are considerations of justice that aren’t essentially about distributive justice at all. I argue here that the division of burdens in a society is specifically a matter of contributive justice. Contributive justice is concerned with what people owe as a matter of justice, rather than what is owed to them. It makes the division of burdens itself evaluative salient in assessments of fairness. Even a comprehensive specification of distributive justice leaves indeterminate how the burdens of running a society should be fairly divided up. Each of the chapters in this dissertation develops one part of an account of contributive justice. I first make conceptual space for an account of contributive justice. By taking Murphy and Nagel’s lead, and working within the post-distribution, a distinctive need for principles of justice in contribution can be shown. Murphy and Nagel decline to introduce non-distributive principles for guiding the provision of post-distributive public goods. Instead, they favor efficiency in determining the provision of post-distributive of public goods. I show that contributive justice is genuinely distinct from both efficiency and distributive justice. I also identify one respect in which principles of contributive justice should bear: that of determining the financing and delivery and civic cultural public goods. I then argue that a principle of contribution in accordance with ability (a principle of “ability-to-pay”, or “ability-to-contribute”, for short) stands out as a candidate principle of contributive justice. The version of ability-to-pay that I defend is, in particular, a deontic principle of ability-to-pay. I show that a deontic principle of ability-to-pay is more closely allied with a view of society as a cooperative enterprise than utilitarian versions of ability-to-pay. An account of ability to contribute is developed by grafting a notion of opportunity cost onto Amartya Sen’s capability theory. Lastly, I incorporate contributive justice in an account of contributive legitimacy. Contributive legitimacy gives us a set of conditions under which the state’s use of coercive force to extract tax contributions is legitimate, and hence justified. Drawing on empirical evidence from the development and fiscal sociology literature, I show that contributive legitimacy in a state’s tax extraction practices is essential to rule of law, and the avoidance of kleptocratic authoritarianism. Contributive legitimacy supplements our understanding of conventional notions of political legitimacy and helps us identify possible failures of political legitimacy. These are failures that might be overlooked were we to focus solely on distribution. (shrink)

As resident physicians practicing Internal Medicine in hospitals within the USA, we are confronted on a daily basis with patients who wish to leave the hospital floor to smoke a cigarette. While many physicians argue that hospitals should do everything in their power to prevent patients from smoking, we argue that a more comprehensive and nuanced approach is needed. In part 1 of this perspective piece, we outline the various forms of smoking bans in hospital settings, applauding the development of (...) indoor smoking bans while questioning the move towards stricter, campus-wide smoking bans. In part 2, we turn to traditional biomedical ethics to guide our approach to the hospitalised patient who smokes. This approach, which is informed by our backgrounds in harm reduction and medical anthropology, takes into account the lived realities of patients and acknowledges the complicated sociohistorical contexts of tobacco use. (shrink)

Hegel and Feminist Philosophy traces the legacy of Hegel in the work of thinkers such as de Beauvoir, Irigaray and Butler, and also in contemporary debates in ...

This article investigates the relation between corporate governance and business ethics in the Asia-Pacific region. It draws on four examples of countries in the region (Australia, China, Singapore, and India), not because they are representative of certain regional characteristics, but as a means of reflecting on the diversity in this region. These countries display pronounced differences in terms of inter alia, historical development, cultural and social factors, legal system, corporate governance model, political system, and economic development. The complex interaction of (...) all these considerations provides the context for corporate governance and business ethics in each of the countries. The article highlights different orientations to stakeholder management and integrity behavior in the boardroom and executives’ offices. Although globalization and financial market hegemony suggests a convergent model is theoretically desirable, this research suggests that the human capacity to protect diversity and enshrine regional and local interests seems likely to inhibit rapid change. (shrink)