After the Provisional Basic Law (Provisional Constitution) had been adopted on 11 March 1990, it soon became clear that it did not meet the new needs of the society and the state. It became clear that the new Constitution had to be drafted promptly. Its drafting was taking place at the time of heated discussions about various things, but especially about the structure of branches of state power, the empowerment thereof and their interrelations. The author of (...) the article was a member of the working group drafting the new Constitution. In his article, the author presents passages from the notes made by him about the sittings of the Provisional Commission for Drafting the Constitution and those of its working group. The notes disclose the variety of the views of the deputies and legal specialists and show the difficult way of emergence of the draft Constitution. This is confirmed by the time-line of drafting the Constitution. In 1990 and at the beginning of 1991, the first draft Constitutions were published, which had been drafted by the members of the societies of Lithuanian philosophers and lawyers, by the Lithuanian Democratic Labour Party, etc. Prior to the resolution of the Supreme Council of the Republic of Lithuania of 7 November 1990, a group of deputies was formed for drafting an outline of the concept of the Constitution. On 22 October 1991, the Council of the Seimas of the Lithuanian Sąjūdis Movement made a statement “On the Restoration of the Institution of the President of the Republic”. On 5 November 1991, the Supreme Council of the Republic of Lithuania adopted a Resolution “On the Development of the Lithuanian Constitutionalism”, whereas by its resolution of 10 December 1991 it formed the Provisional Commission for Drafting the Constitution. On 3 March 1992, the said Provisional Commission approved the draft Constitution that it prepared; it was submitted to the Supreme Council. Three members of the Provisional Commission had submitted alternatives to a number of articles of the Constitution. On 21 April 1992, the Supreme Council assented to the work done by the Provisional Commission and decided to publish the draft Constitution so that it could be discussed by the public. On 6 May 1992, the Lithuanian Sąjūdis Movement, the Democratic Party, the Christian Democratic Party, and the Lithuanian Nationalist Union formed a coalition for drafting an alternative draft Constitution; soon the press published the alternative draft Constitution prepared by the Sąjūdis Movement Coalition “For the Democratic Lithuania”. On 23 May 1992, the referendum on the restoration of the institution of the President of the Republic took place—that referendum did not approve the proposal. Thus, two alternative draft Constitutions appeared. The essential difference between those drafts was a different approach to the system of branches of state powers, their empowerment and their interrelation. The draft Constitution prepared by the Provisional Commission was based on the parliamentary republic form of governance, whereas in the draft prepared by the Sąjūdis Movement Coalition “For Democratic Lithuania” the model of half-presidential republic was dominant. In order to prepare a single draft Constitution, which could then be proposed for the referendum of the Nation, political and legal compromises were sought. For this purpose, the Group for the Adjustment of Constitutional Issues was formed. At the end of September and at the beginning of October 1992, one single (the so-called “compromise”) draft Constitution was prepared from the existing two alternative drafts. The Constitution of the Republic of Lithuania was adopted by the Nation in the referendum of 25 October 1992 and came into force on 2 November 1992. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.2 (2003) 119-134 [Access article in PDF] The Constitution of Rhetoric's Tradition Maurice Charland Rhetoric is not a discipline. That is to say, as a domain of theoretical and practical knowledge, rhetoric is weakly institutionalized, lacking a centralized arbiter and standardized set of procedures for establishing truth claims. It also lacks the basic characteristics that Michel Foucault defines as disciplinary, for while we can identify (...) "groups of objects, methods, their corpus of properties considered to be true, the interplay of rules and definitions, of techniques and tools," these are neither universally admitted, nor do they "constitute a sort of anonymous system, freely available to whoever wishes, or whoever is able to make use of them, without their being any question of their meaning" (1972, 222). On the contrary, despite the fact that rhetoric is usually figured as offering practical and, indeed, positive knowledge, the meaning of its terms is always being questioned and at stake. While we might, by considering terms loosely, seek to identify rhetoric in terms of objects such as "persuasion," or "discourse," these are not exclusively its province. Furthermore, the ends of rhetoric are themselves unclear. Is rhetoric really the art of discovering the available means of persuasion? Or is it an art of citizenship? Or a method of enquiry? It has at times been defined as each. Consequently, none of these methods can fix its identity. At most, we can say that "rhetoric," as a domain of knowledge, signals a commitment to the idea of agency in discourse.Rhetoric, while not disciplinary, nevertheless "hangs together" as a domain of knowledge even though it does not cohere conceptually. It is, or comes close to being, a "discursive formation." That is to say, we can identify a field that produces statements concerning discourse and its operations, which is characterized by certain regularities that articulate with the term rhetoric itself. The first such regularity is the gesture of negation. Rhetoric refuses philosophy (or acts out having been refused by philosophy). [End Page 119] Rhetoric further is defined against other intellectual genres: rhetoric is not poetics, is not political science, is not ethics, though it may "speak" to them. Ultimately, though, this tells us very little about the nature of rhetoric's difference, for while refusal is effective in positing the existence of a boundary between rhetoric and other domains, the location of that boundary and what it contains remains unspecified. Rhetoric must also be attributed an at least provisional sense. This is accomplished by rhetoric's second gesture, which initially appears more substantial. Rhetoric is framed in terms of the positivity of a foundational "tradition." Indeed, the gesture toward tradition is ubiquitous. Consider, for example, both the title and principles of organization of Patricia Bizzell and Bruce Herzberg's (1990) anthology, George Kennedy's (1998) recursion to the idea of "tradition" even as he attempts to present rhetoric as a natural and cross-cultural phenomenon, recent feminist works that explicitly address "the tradition," 1 the routine citation of Classical authorities and examples, the recurrence of "new" rhetorics, including Burke's dramatism, Perelman's theory of argumentation, as well as Barthes' semiotics, which are offered as supplements to tradition's lacks, and, finally, the energy devoted to the study of the history of rhetoric. The rhetorical tradition, as something bequeathed or put in play by ancient teachers, appears to offer rhetoric a substance, a literature, and a set of problems, particularly through variants of two other principles of discursive formation identified by Foucault, commentary and the author-function. Even so, the gesture toward tradition does not imply the existence of a historically rooted and fixed corpus or model: "Tradition" is a vague term, there is no unproblematic canon of texts to be commented upon, and tradition itself, rather than Aristotle, Plato, or Cicero, stands as "author." What we debate is the meaning of the "tradition," the uneasy relationship between Socrates and Sophists, Plato and Aristotle, but as positions rather than personae. Furthermore, in the name of rhetoric, ancient and modern texts are often read against the grain, and what is... (shrink)

This paper presents a general computational treatment of how mammals are able to deal with visual objects and environments. The model tries to cover the entire range from behavior and phenomenological experience to detailed neural encodings in crude but computationally plausible reductive steps. The problems addressed include perceptual constancies, eye movements and the stable visual world, object descriptions, perceptual generalizations, and the representation of extrapersonal space.The entire development is based on an action-oriented notion of perception. The observer is assumed to (...) be continuously sampling the ambient light for information of current value. The central problem of vision is taken to be categorizing and locating objects in the environment. The critical step in this process is the linking of visual information to symbolic object descriptions; this is calledindexing, from the analogy of identifying a book from index terms. The system must also identifysituationsand use this knowledge to guide movement and other actions in the environment. The treatment focuses on the different representations of information used in the visual system.The four representational frames capture information in the following forms: retinotopic, head-based, symbolic, and allocentric. The functional roles of the four frames, the communication among them, and their suggested neurophysiological realization constitute the core of the paper. The model is perforce crude, but appears to be consistent with all relevant findings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Democracy in an Uncertain World:Expertise as a Provisional Response to VulnerabilityRobert Smid (bio)In the final chapter of American Immanence, Michael Hogue writes that "[r]ather than asking the foundationalist question of what epistemology is needed to ground or justify democracy, the pragmatist asks what epistemology democracy entails. What 'way of knowing' follows from, or is appropriate to, democracy as an associational ethos of vulnerable life?"1 While Hogue and I (...) have explored similar themes in our research on the promises and perils of democracy, this statement identifies a key difference in our respective approaches that has significant implications for the role that democracy can and should play in inquiry as well as for its potential to revolutionize civilization as we know it in the Anthropocene.In what follows, I raise three interrelated points that interrogate that difference. The first pertains to the role of foundations, provisional or otherwise, in Hogue's work, and results in a challenge to the special status seemingly given to democracy and a proposed inversion of the relation he poses between epistemology and democracy. The second pertains to the role of education in a democracy. This is a dimension of traditional pragmatist discourse on democracy that is conspicuously absent in Hogue's book, yet one that has significant implications for his argument. In this section, I will draw out the Deweyan strains of that discourse that appear to inform Hogue's work and contrast them with a Peircean take that yields notably different outcomes. The third point addresses the relation between democracy and sovereignty, a relation that Hogue explicitly eschews but that I will argue maintains some validity within democratic discourse, albeit in a more modest and provisional form. Finally, I draw these three points together in a conclusion that affirms much of Hogue's argument—including the profound vulnerability manifested by the Anthropocene and the need for more resilient forms of associated life—but assert that democracy is no less vulnerable than any other aspect of our uncertain world and therefore cannot be expected to possess within itself all that is necessary for its ongoing development. Building on the inversion of democracy and epistemology in the first section, the constitutive role of education in a [End Page 30] democracy as laid out in the second section, and the argument for a mitigated sovereignty in the third section, I argue that professional expertise provides an acceptable and necessary default when democratic structures fail.I. Provisional FoundationsAs a theopolitics rooted in religious naturalism, Hogue's understanding of democracy is one that is "embodied, relational, and vulnerable."2 That is, knowledge, meaning, and value all emerge out of and are conditioned by their social context, and shift according to the interests and needs of those who lay claim to them. Accordingly, Hogue's argument for democracy is that it is the way of life that allows for the broadest possible participation in such constructions, and which responds most effectively to the conditions of uncertainty and vulnerability surrounding them. It comes as no surprise, then, that his account of democracy is antifoundational, recognizing not only that all inquiry begins in medias res, but also that it emerges from a wide variety of media and that, while one goal of democratic discourse may be to chart a coherent path forward, both the media and the proposed paths are subject to change at any moment. Such antifoundationalism is a fairly standard commitment in pragmatist and process discourse, and thus relatively uncontroversial in its own right. It is worth noting, however, that being committed to antifoundationalism and actually being antifoundationalist in practice are often two very different things, our best efforts to the contrary notwithstanding.It is clear from Hogue's book that he resists any foundationalist epistemology, opting instead to derive his epistemology from democratic practice. As noted above, he asks "[w]hat 'way of knowing' follows from, or is appropriate to, democracy as an associational ethos of vulnerable life?"3 While it is possible that there is one epistemology that is best suited to democracy understood in this way, that epistemology would not, by his account, stand on its own foundation but be contingent on one... (shrink)

This op-ed examines the philosophical foundation of the debate over the 1972 Constitution of Bangladesh and whether it requires reform or a complete rewrite. Reform would involve specific amendments to address current issues while rewriting would involve a full reconsideration to eliminate authoritarian elements and restore alignment with the democratic ideals of the 1971 Liberation War. This perspective emphasizes the need to return to the roots of the 1971 Proclamation of Independence, issued on April 10, 1971, by the (...) class='Hi'>Provisional Government of Bangladesh in Mujibnagar. The proclamation championed the values of equality, human dignity, and social justice. Philosophy provides a framework for evaluating the Constitution’s core principles—nationalism, socialism, democracy, and secularism—and exposes how their misapplication has weakened democracy and marginalized citizens. A complete rewrite grounded in the first principles of equality, human dignity, and social justice could restore the Constitution’s role as both a moral and legal guide. Such an effort would ensure ethical governance and a democratic framework, providing stability and realigning the nation’s governance with its founding ideals. This perspective emphasizes the vital role of philosophy in advancing justice and democracy. (shrink)

John Dewey conceived democracy as a cooperative problem-solving practice in which actors try out provisional solutions by means of social communication. His notion of experimental democracy as a specific form of life and an ethical enterprise rather than simply a form of government implies the constitution of a polity as a practical and complex process of exchanging and sharing experiences. The aim of this paper is to test the feasibility of using a Deweyan theoretical basis for democracy to (...) assess the potential for a European process of political integration. The historical-conceptual presuppositions of the European Union’s institutional project preclude both a narrow local perspective and an illusory globalist scheme. To redirect Europe’s democratic vocation, a process of political and institutional communication must be developed that transcends the existing national paradigm. (shrink)

This article asks whether we can identify a vitalistic undertow in Friedrich Nietzsche’s philosophy that would make sense for contemporary political and constitutional theory as well. The arguments are presented by contrasting Nietzsche’s philosophy with the social theory of Herbert Spencer. After an introduction, the first main part discusses Spencer and his so-called ‘organic analogy’ in which he draws parallels between natural organisms and the body politic. Spencer’s social theory is a paradigmatic example of vitalism and organic state theory and, (...) as a counterpoint, can help tease out Nietzsche’s vitalism as well. The article then examines Nietzsche’s admittedly fragmentary encounters with Spencer and his flirtations with vitalism and organic state theory. In the conclusions, the reconstructed narrative about Nietzsche’s vitalism is linked with Nietzsche’s main philosophical works in the hope of provisionally extracting a Nietzschean ‘constitutional theory’ from his notion of will to power. (shrink)

In this paper, we investigate the implications that a general view of complexity - i.e. the view that complex phenomena are irreducible - hold for our understanding of ethics. In this view, ethics should be conceived of as constitutive of knowledge and identity, rather than as a normative system that dictates right action. Using this understanding, we elaborate on the ethics of complexity and the complexity of ethics. Whilst the former concerns the nature and the status of our modelling choices, (...) the latter denotes a contingent and recursive understanding of ethics. Although the complexity of ethics cannot be captured in a substantive normative model, we argue that this view of ethics nevertheless commits one to, what we term, ‘the provisional imperative’. Like Kant’s categorical imperative, the provisional imperative is substantively- empty; however, unlike Kant’s imperative, our imperative cannot be used to generate universal ethical principles. As such, the provisional imperative simultaneously demands that we must be guided by it, whilst drawing attention to the exclusionary nature of all imperatives. We further argue that the provisional imperative urges us to adopt a certain attitude with regard to ethical decision-making, and that this attitude is supported and nurtured by provisionality, transgressivity, irony, and imagination. (shrink)

My main goal here is to develop a functional analysis of cheating and corruption in sports, and to differentiate cheating within the broader category of corruption. Whereas officials can act corruptly, they cannot cheat. In contrast, sports participants, since they occupy two roles, can do both. I argue that although acts of cheating are acts of corruption, not all corrupt acts by competitors are acts of cheating. I also respond to some skeptical challenges and criticisms of the concept of ‘cheating’ (...) by providing some opposing arguments and a provisional definition. I argue that cheating in sports occurs in the context of a complex institutional practice. It transpires due to some failing in the efforts and/or limitations of sports officials to prohibit it. In central cases it consists in both the functional and ethical violation of the constitutional norms of a sport in the service of obtaining unearned victory for the cheater. (shrink)

The article deals with the legal acts which were adopted by the Supreme Council Reconstituting the Seimas of the Republic of Lithuania on 11 March 1990, and which are related to the restoration of the independent State of Lithuania. The author discloses the chronology of the legal acts adopted on that day and investigates why some particular act was adopted first, and only later another act was passed; he investigates the circumstances which determined the content of the legal acts and (...) shows the interconnection between these acts. The sequence and content of the legal acts of restoration of independence were determined by the fact that the independent State of Lithuania could not arise from the so-called “Lithuanian SSR” which had never been a form of Lithuanian statehood. The restoration of independence could and had to be grounded only upon the continuation of the pre-war Republic of Lithuania. One had to draw a boundary line between the Supreme Soviet of the Lithuanian SSR, which was elected in democratic and free elections on 24 February 1990, and which was a genuine representation of the Nation, from the former Supreme Soviets of the Lithuanian SSR—the essence and formation procedure of which was completely different. This was done by adopting the Declaration “On the Powers of the Supreme Soviet of the Lithuanian SSR” in which it was held that in the 24 February 1990 elections the Nation vested to the deputies of the Supreme Soviet of the Lithuanian SSR the mandate and the duty to restore the State of Lithuania and express the sovereign will of the Nation through this body, which, from 11 March 1990, 6 p.m., would be referred to as the Supreme Council of Lithuania. (shrink)

이 글의 목적은 민주공화주의 이념의 기원과 그 정치철학적 의미를 밝히는데 있다. 1919년 4월 11일 대한민국임시정부 헌법(?임시헌정?) 제1조에 명시된 민주공화주의 이념은 서양 정치철학사에서 찾아보기 힘든 합성어이다. 서양 정치철학의 전통에서 민주주의와 공화주의 이념은 지배형식과 통치형식을 지칭하는 용어로 수준을 달리하며 또한 오히려 일상적인 의미에서는, 오늘날 미국의 양대 정당의 명칭이 시사하듯, 평등과 자유 사이에 일정한 긴장을 수반하기도 한다. 이런 이유로 1776년의 「미국독립선언문」이나 1779년의 「미국헌법」 어디에서도 이 단어는 나타나지 않는다. 또한 1789년 프랑스혁명의 「인권선언」이나 프랑스공화국 헌법 어디에도 이 개념은 찾아볼 수 없다. 서구 현대국가 일반과 현재의 (...) 대한민국 헌법에도 많은 영향을 미친 독일 바이마르 공화국 헌법은 「임시헌정」보다 몇 달 뒤인 1919년 8월에 제정되었지만, 여기서도 이 개념은 없다. 또한 동아시아에서 첫 번째 공화혁명이었던 신해혁명으로 만들어진 중화민국도 민주공화주의를 제창하지는 않았다. 민주공화주의는 우리 애국지사들이 당시 노골화하던 제국주의적 침탈의 세계사적 조류를 거슬러 일본의 국권 강탈과 국토 침략에 저항하기 위해 만들어낸 독창적인 정치철학적 이념이며, 국권회복을 위한 치열한 고뇌를 담아내는 자생적 개념이다. 또한 이 민주공화주의 이념은 「3 · 1운동」의 국제적 전파력과 함께 중국의 「5 · 4운동」등 아시아지역의 민족해방운동에 기폭제 역할을 수행함으로써, 대중문화를 주축으로 한 지금의 한류와 차원을 달리하는 20세기 초 아방가르드적 정치 한류의 원형을 형성한다. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even (...) possible to arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

It is argued that the question of whether or not one is required to be or become a strict vegetarian depends, not upon a rule or ideal that endorses vegetarianism on moral grounds, but rather upon whether one's own physical, biological nature is adapted to maintaining health and well-being on a vegetarian diet. Even if we accept the view that animals have rights, we still have no duty to make ourselves substantially worse off for the sake of other rights-holders. Moreover, (...) duties to others, such as fetuses and infants, may require one to consume meat or animal products. Seven classes of individuals who are not required to be or become vegetarians are identified and their examption is related to nutritional facts; these classes comprise most of the earth's population. The rule of vegetarianism defines a special or provisional duty rather than any general or universal rule, since its observance it based upon the biological capacities of individual humans whose genetic constitution and environment makes them suitably herbivorous. It is also argued that generalizing the vegetarian ideal as a social goal for all would be wrongful because it fails to consider the individual nutritional needs of humans at various stages of life, according to biological differences between the sexes, and because it would have the eugenic effect of limiting the adaptability of the human species. The appeal to the natural interests of omnivores will not justify any claim that humans may eat amounts of meat or animal products in excess of a reasonable safety margin since animals have rights-claims against us. (shrink)

This paper aims to assess the epistemological value of the notion of sympathy in Galen’s thought. It first shows that Galen makes use of two different concepts of sympathy: the ambient concept, according to which the human body manifests a harmonious part-whole relationship, and the technical concept, with which one connects two pathologies on the basis of the fact that the cause of the ailment is elsewhere than where it surfaces. Neither of these sympathies constitutes in itself a causal explanation (...) of reality. The first merely acknowledges an obvious interrelationship, the second acts as an epistemic tool to shift the focus of diagnosis away from the place where the condition manifests itself. However, the two concepts are not absolutely unrelated; and they come together when the sympathetic paradigm is used to understand the unifying action of the psychic and natural faculties. Very significantly, Galen then provisionally defines the cause as a power or faculty (δύναμις) not out of theoretical necessity but for practical reasons. (shrink)

Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called "a state (...) of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just. (shrink)

From the 1991 referendum on independence and the adoption of the Constitution up to date, Macedonian statehood has been going through several political transformations, of which, as key, we single out those of 2001, 2017 and 2018-19. All those turning points relate to the resolution of identity conflicts and disputes, both within the country and with neighbouring states. The purpose of this paper is to prove the hypothesis according to which the replacement of constitutionality as the foundation of the (...) Macedonian state with contractual relations, which are later constitutionalized, leads to statehood erosion. In other words, instead of the Constitution representing a relatively permanent social contract of the citizens in the political community, the three contracts turned it into its opposite. Constitutional changes brought about through coercion and blackmail, that is, from a position of power, through international state building, have gradually created an increasingly weak and unsuccessful state, that is, a provisional state. Such an entity cannot hope to be incorporated into the European Union. More precisely, identity concessions accompanied by the dysfunctional state institutions result in effects contrary to the basic democratic imperatives and the principles contained in the Copenhagen criteria. (shrink)

Paternalism has attracted new defenders in recent years. Such defenders typically either downplay the normative significance of autonomy or deny that we are sufficiently rational for paternalistic interventions to be objectionable.1 Both of these argumentative strategies constitute challenges to John Stuart Mill’s influential anti-paternalistic ‘harm principle’, which states that coercive interference with the liberty of competent adults is justifiable only if such interference prevents harm to non-consenting third parties (Mill, p. 23).2 In this journal, Wilkinson has provided a novel, provocative (...) defence of paternalism in the medical context—one that (provisionally) accepts rather than challenges Mill’s harm principle.3 Wilkinson’s argument is complex. But he begins with Parfit’s influential account of personal identity.4 According to Parfit, Alice at T1 can be the same person as Alice at T2, but the extent to which Alice at T1 and Alice at T2 are similar depends on the extent to which there are ‘chains’ of strong psychological connections between Alice at T1 and Alice at T2. Strong psychological connections, in turn, are mental states such as intentions or beliefs, or psychological traits. For example, if Alice at T2 remembers very little about herself the day before, and the day before that, all the way to Alice at T1, Alice at T2 has completely different psychological traits than Alice at T1—for example, Alice at T1 was courageous, whereas Alice at T2 is cowardly—then Alice at T1 and Alice at T2 are distinct persons. If the harm principle is correct and Alice is autonomous, it is permissible to interfere with Alice’s liberty only if it prevents harm to some non-consenting third party. But if we accept Parfit’s view on personal identity, then a novel defence of paternalistic intervention emerges: Alice at T2 may well be a distinct person from Alice at T1. So, …. (shrink)

In his Zur Einstein’schen Relativitätstheorie, Ernst Cassirer presents relativity theory as the last manifestation of the tradition of the “physics of principles” that, starting from the nineteenth century, has progressively prevailed over that of the “physics of models.” In particular, according to Cassirer, the relativity principle plays a role similar to the energy principle in previous physics. In this article, I argue that this comparison represents the core of Cassirer’s neo-Kantian interpretation of relativity. Cassirer pointed out that before and after (...) Kant, the history of physics presents significant instances in which the search for formal conditions that the laws of nature must satisfy preceded and made possible the direct search for such laws. In his earlier years, Cassirer seems to have regarded principles like the energy principle, the relativity principle, and the principle of least action as a constitutive but provisional form of a priori, imposing specific limitations on the form of the allowable laws of nature. Only in his later years, by attributing an autonomous status to these statements of principle, did Cassirer attribute a definitive but merely regulative meaning to the a priori. This does not impose specific requirements on natural laws but only a motivation to search for them. (shrink)

In the third and subsequent editions of Principles of Biomedical Ethics, Tom Beauchamp and James Childress articulate a series of ethical norms that they regard as “derived” from, and hence carrying, the “authority” of the common morality. Although Beauchamp and Childress do not claim that biomedical norms they derive from the common morality automatically become constituents of the common morality, or that every detail of their account carries the authority of the common morality, they regard these derived norms as provisionally (...) binding in a way that does not apply to the norms of mere “particular” moralities. Whereas particular moralities “do not bind other persons or communities,” Beauchamp and Childress have designed the norms of Principles of Biomedical Ethics to be “extensions” of the common morality that universally binds other persons and communities. Beauchamp and Childress seem to hold that (1) the norms they articulate in Principles of Biomedical Ethics are derived in an objective way from the common morality, and also that by virtue of being so derived (2) they carry a moral authority that objectively exceeds the authority of norms constituting particular moralities. My thesis in this essay is that both of these claims are false. (shrink)

I offer a phenomenological description of undocumented immigrant reason, provisionally understood as a sort of historical reason grounded on undocumented immigrant life. That is, the categories of undocumented immigrant reason are resources for undocumented immigrant existence and are inscribed in the historical memory of immigration (they are shared and communal), accessed by immigrants in stories, anecdotes, and interpersonal trauma. Abstracting from personal experience, testimony, popular culture, and elsewhere, I propose a fragmentary list of these categories of undocumented immigrant reason, a (...) list that includes journeying, crossing/nepantla, uncertainty/zozobra, nostalgia, and return. These categories, which structure undocumented immigrant reason, are reflected in beliefs and attitudes about migration, belonging, the contingency of life, the centrality of memory, and the meaning of death. Constitutive of immigrant rationality are beliefs and ways of being that lend meaning to immigrant life, including those beliefs and ways of being that place immigrants in closer proximity to fundamental human truths. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Butler on Subjectivity and Authorship: Reflections on Doing Philosophy in the First PersonAsher WaldenWhat drew me to theology a number of years ago was that it was the most personal kind of philosophy, to the extent that it deals with the most important issues of one’s own “personal” life. It used the tools of the philosophical tradition to address questions that the philosophers—especially those in the University of Chicago’s (...) analytically oriented environment—seemed not to want to ask; at least, not when I was an undergraduate there some years ago. My engagement with philosophy has always been about personal questions, and in the past I tended to eschew the political realm as being at best external to the more essential business of philosophy. But the questions I have been asking lately are rather different from the ones that concerned me back when I was still in Chicago. Largely due to the birth of my son two years ago, questions that before were only secondhand—questions about education, democracy, and debt—are now very personal and very, very important to me. I am perhaps a latecomer to the position that, as the saying goes, “The personal is the political.” But being a convert, like the earliest Christian Apologists, may afford me an opportunity and motivation to argue the position all the more earnestly.The way I have sought to incorporate these different questions and perspectives in my theologizing has primarily been through engagement with the Confucian philosophical tradition. The Confucian tradition is, in large measure, a series of reflections on the individual’s utter embeddedness in familial, sociopolitical, environmental, and sacred structures and forces. The tradition has its own resources for expressing and navigating this embeddedness, but what has become interesting to me is that the requisite resources are being developed independently, and perhaps more forcefully, within the realm of postmodern and postcolonial theory. Indeed, these newer articulations may [End Page 55] well be vital for present-day Confucian thinkers to consider in reformulating and re-presenting their own commitments and traditions in the current era.The questions posed to and for the current paper are, first, how does the religiously committed philosopher (or theologian, in a loose sense of the term) consciously incorporate political and economic considerations into her theological research and discursive product; and second, to what extent and in what ways is it necessary for her also to include and address her own personal life/history into the same. Naturally, these are questions which religious thinkers will ask and answer anew for themselves, and repeatedly. My own engagement with Judith Butler in the current paper will merely provide, I hope, one possible model for such an account of how the personal and the political may function in theological discourse. Generally, the model given here suggests that such considerations are not external add-ons to the more essential “hard-core” theologizing of the doctrines of God and Christology. It is not a matter of (first) theory and (then) application. Rather, theological discourse is one place where ethical subjectivity is attained, if provisionally, through conscientious and critical engagement with both one’s religious tradition and the sociopolitical-economic structures in which those traditions are practiced, and where one’s own place within those structures is both questioned and created.In her recent work Giving an Account of Oneself, Judith Butler continues her project of deconstructing the metaphysics of the substantive self, begun in her deservedly noted early work, Gender Trouble. In particular, she argues that the subject comes into being through processes and in contexts that, while not completely determinative of one’s subjectivity, do limit one’s ability to give a complete account of oneself, one’s actions and motivations. She asks the important question of whether this opacity of the conditions of one’s coming into being limits the possibility of taking responsibility, or being held responsible, for one’s actions. She ultimately finds, with Foucault, that selfhood is itself an ethical process, one occasioned and in large part constituted by the call, and subsequent attempt, to give an account.The question which drives Butler’s essay is, generally, if the subject comes... (shrink)

This is, indeed, another work on the subject of hate speech regulation in the United States. And yet, it is not just another such work. For my goal here is not to settle the jurisprudential arguments regarding the possibility of any specific hate speech regulation, either extant or yet to be conceived, withstanding a Constitutional test. Nor is it my intention to demonstrate, on the basis of a comparative study of existing legislation, that such regulation either is or is not (...) effective in addressing or redressing the social ills of hatred, discrimination, and inequality. Rather, I will achieve greater analytical clarity about just what the harms of hate speech are. I do so in order to reinvigorate the question about regulation with a new view of what exactly the object needing attention is, by demonstrating that though there are real harms here, the state cannot provide a regulatory remedy. Thus, in my conclusion I will assert that the question of what we might do differently in response to hate speech can only be answered —however provisionally—insofar as we first confront how we need to think differently about it. Specifically, I will argue that we need to replace the emphasis on redressing harms once they have occurred with a new emphasis on addressing, and ultimately eliminating, the conditions which make those harms possible in the first place. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Ethics and Economies of Inquiry: Certeau, Theory, and the Art of PracticeTony Schirato (bio) and Jen Webb (bio)In this paper we will look at what Certeau, in The Practice of Everyday Life, calls “Theories of the Art of Practice.” Certeau is perhaps best known as a theorist of the ways in which everyday practices inhabit the institutions and sites of power and official culture, while not being in (...) any sense recuperable or explicable to these “proper places.” In “Theories of the Art of Practice” he concerns himself not with cultural practices themselves but, rather, with the specific relationship between theoretical discourse and the object of that discourse. In order to do this he takes as examples certain cultural theorists—most obviously Foucault and Bourdieu—whose work is strongly underpinned by an emphasis on the relation between discourse and practice. He offers a detailed consideration and critique of their theories of practice and the tactics those theorists use to escape the theory/practice dichotomy.In the first two paragraphs of “Theories of the Art of Practice,” Certeau identifies the two points which, taken together, constitute the broad narrative of this section of Practice. The first relates to the theoretical basis from which we can approach practice. “Everyday practices,” he writes:depend on a vast ensemble which is difficult to delimit but which we may provisionally designate as an ensemble of procedures. The latter are schemas of operations and of technical manipulations. On the basis of some recent and fundamental analyses (those of Foucault, Bourdieu, Vernant and Détienne, and others) it is possible, if not to define them, at least to clarify their functioning relative to discourse (or to “ideology,” as Foucault puts it), to the acquired (Bourdieu’s habitus), and to the form of time we call an occasion (the kairos discussed by Vernant and Détienne). These are different ways of locating a technicity of a certain type and at the same time situating the study of this technicity with respect to current trends in research.[43]An important issue here is Certeau’s critique of the extent to which each theorist applies a specific technicity (Foucault’s disciplinary procedures, Bourdieu’s habitus) in an attempt to delimit the field, to reduce the multiplicity of practice—or the theorizing of practice—to a singularity. As he points out in his essay on Nicholas of Cusa [“The Gaze” 6], such “ways of proceeding are subject to a common problematics,” because they inscribe a particular way of thinking and seeing and, in that process, risk excluding other ways of understanding. However, Cusa’s praxis: [End Page 86]does not presuppose a language proper to theory, an autonomous metalanguage that would provide a distinct linguistic space for speculation.... A task related to each singularity liberates, as it were, and develops... the “impulsion” which is integral to each and which is revealed to be infinite by the very impossibility of finding a hierarchical unity among singularities.[“The Gaze” 7]What Certeau looks for in the work of Bourdieu and Foucault is the moment, or the “impulsion,” which allows a theoretical engagement with practice. If practice can’t be called up, defined, or finally explicated, what can be done is to plot the relationships between power and its structures, logics, places, and discourse and the objects of power (practices) it seeks to identify and regulate. This allows us to identify both how power seeks to exclude the heterogeneity that is practice and the ways in which practice, despite these acts of exclusion and regulation, leaves its mark on official places (discourses, institutions, the objective structures of cultural fields). What Certeau does is to explore how others (Foucault and Bourdieu in particular, Vernant and Détienne) have explored this terrain.The second move Certeau makes is to contextualize those theories of practice, not so much as metadiscourses or generalized maps but as practices themselves, specific to a time and place and informed both by their theoretical antecedents and by the politics, logics, and discourses of the field(s) within which they operate. This allows Certeau to exemplify both how bodies of theory (as well as intellectual fields) come about and develop and... (shrink)

Derrida’s Geschlecht series, along with the books Of Spirit and Aporias, constitutes his most sustained close-reading of Heidegger. Three essays of the four-partGeschlecht series have been published: the first, second, and fourth, these together comprising some 130 book pages. The third Geschlecht exists only as a thirty-three-page typescript prepared sometime before March 1985 and distributed to the speakers at a colloquium in Chicago organized by John Sallis. These thirty-three pages are among the 100 to 130 pages that Derrida by his (...) own account devoted to Heidegger’s Trakl essay of 1953 (“Die Sprache im Gedicht”); however provisional and fragmentary, the typescript tells us much about the themes that “magnetize” the entire Geschlecht series. (shrink)

Sovereignty and representation are the two concepts that legal theory is quick to regard as redundant in any account of legal authority. Sovereignty is alleged to be at odds with both the facts and the values of political pluralism; representation is, at most, a provisional substitute for participation in supra- and infra-national legal development. Antonio Negri, however, analyses sovereignty and representation as the two, closely linked, conceptual devices by which a legal order neutralizes constitutive political power. He argues that (...) constitutionalism and institutionalism are but the contemporary guises of these traditional notions and advocates openness for the multifarious initiatives of 'the multitude' to create new societal structures. This article argues that Negri is right in his critique of, in particular, institutionalism, but that he is wrong in thinking that Lefort's position can be reduced to its simple version. In the background of Lefort's theory we should see the political analogon of Merleau-Ponty's celebrated distinction between parole parlante and parole parlée. Negri himself appears unable to avoid the appeal to questionable referents of sovereignty and representation. (shrink)

The emerging epistemic community of ecosemioticians and the multidisciplinary field of inquiry known as ecosemiotics offer a radical and relevant approach to so-called global environmental crisis. There are no environmental fixes within the dominant code, since that code overdetermines the future, thereby perpetuating ecologically untenable cultural forms. The possibility of a sustainability transition (the attempt to overcome destitution and avoid ecocatastrophe) becomes real when mediated by and through ecosemiotics. In short, reflexive awareness of humankind's linguisticality is a necessary condition for (...) transforming ecologically maladaptive cultural forms. As a multidisciplinary, interdisciplinary research program integrating the human and natural sciences, ecosemiotic inquiry closes the gap between biophysical ecology and human ecology. A provisional outline of a pragmatic theory of ecoserniotics attempts to describe the processes by which adaptive cultural changes might be facilitated and points toward substantive content areas that constitute sites for further research. Ecosemiotic inquiry frames cultural codes as these shape and reproduce the ongoing stream of individual and societal choices that shape distinctively human existence in a larger context of biophysical realities that drive natural selection. However, while ecosemiotics is a necessary condition for the sustainability transition, it is not a sufficient condition. (shrink)

This article explores the influence of modernity in India, within the larger framework of state-led modernity and its impact on identity and locality. The discourse on modernity has retained the common thread of transience and reflexivity as two constitutive features, both of which are taken up to explain the uncertain and provisional influence of modernity on the Indian society and identity, and the radical engagement of social movements with modernity. The article studies the complex functioning of modernity in India (...) (i) by presenting a theoretical outline on the contested nature of the concept, with an emphasis on the discussion around reflexivity, which forms one of the core attributes for the creation of multiple and alternative modernities, (ii) by reviewing state-led modernity in India and its impact on identity formation as a consequence of the numerous and variable cultural and value systems that confront individuals and (iii) by looking at the local appropriation of contested spaces to enter into a radical, value-based engagement with global modernity. (shrink)

Christian Protestants typically affirm both the essential moral perfection of heaven and the sufficiency of saving faith. Yet these two commitments generatean apparently self-destructive dilemma—one I call the dilemma of sanctification. The prima facie puzzle can be resolved in at least three ways. In this paper, I articulate the dilemma of sanctification in some detail and offer an argument against a widely-held Protestant solution I call provisionism. This constitutes indirect support for the solution I find most promising, namely, a doctrine (...) of purgatory. I close by sketching a model of purgatory consistent with Protestant soteriology. (shrink)

This article examines the narrative approach to self found in philosophy and related disciplines. The strongest versions of the narrative approach hold that both a person's sense of self and a person's life are narrative in structure, and this is called the hermeneutical narrative theory. This article provides a provisional picture of the content of the narrative approach and considers some important objections that have been raised to the narrative approach. It defends the view that the self constitutes itself (...) in narrative and argues for something less than the hermeneutical view insofar as the narrative is less agency-oriented and without an overarching thematic unity. (shrink)

The foundational concepts of Part I (IJAP, Vol. 37, no. 2) are here elaborated and applied to unintended and unwanted pregnancies resulting from consensual intercourse, both within and outside of marriage. Following a brief enquiry into Scriptural presuppositions about unwanted pregnancy, different sorts of provisional, constrained or impaired consent to separating the unitive and procreative ends of intercourse are analyzed. Their common reliance on erroneous beliefs and disordered precepts is investigated along the way to evaluating three Thomisticly validated excuses (...) for seeking a defensively unjustified abortion, and the quasi-involuntary origin of intellectual blind spots about such moral errors is explicated in terms of a Thomist account of perceptual apprehensions, sensitive passions, and conceptual intellect. The basic features of both excused and justified defensive abortions are then shown to provide a coherent basis for shaping abortion laws in accordance with the Constitutionally protected rights of self-defense and liberty in procreation, as well as the Thomist principles of just legislation. (shrink)

“Noverim me, noverim te.” – Saint Augustine, Confessions, 10.1.1. (397-400 AD). -/- What would and will an urban commons look like that is slowly and incrementally being re-socialized? How would that affect urban planning “now” and in times of crisis? How do we prepare for the likelihood of rolling similar crises with an eye on returning the urban commons to citizens? -/- There is the old adage that under capitalism, risk is always socialized and profit is always privatized. We are (...) seeing it now, under the COVID-19 crisis. The huge bailouts launched by governments are symptomatic of the crisis in political economy, just as they were post-2008. “Too big to fail” has sponsored monsters that refuse to back off without threatening the collapse of the entire system. Francisco Goya’s “The sleep of Reason produces monsters …” comes to mind. -/- Physical and immaterial culture, in our current Western civilisation, are intimately linked. Yet the focus for urban design is generally on the material or physical side, with the immaterial left to its own devices. Increasingly, urban design measures are merely ameliorative and aesthetic, with the larger share shaped by a political economy dictated by market ideology or “politicalology.” What transpires, nonetheless, is an immaterial commons that constitutes a public or private intellectual commons – often a mix of the two; but, in the case of domination by market ideology, the privatization of “general intellect” proceeds by abject appropriation. In such a technocratically driven model, subjective states become increasingly important. As Indian architect Balkrishna Vithaldas Doshi once said, “Smart cities are smart people.” -/- How might these two otherwise contiguous and synchronous systems be brought back into a properly civic-minded rapport with or without crisis-driven change? Are there alternate models for the urban commons? What measures might be put in place in advance, or as provisional intercessions? (shrink)

Our paper explores how the affective energies and cultural expectations set in motion by best-selling American sentimental novels like Hannah Foster's The Coquette and Susanna Rowson's Charlotte Temple informed the notorious mid-nineteenth-century American trial of Amelia Norman, who attempted to kill the man who seduced her. Once newspapers, defense lawyers, and reformers such as Lydia Maria Child recast the defendant as a sentimental heroine, the trial became about seduction, and Norman was acquitted against the weight of the evidence. Sentimental novels (...) turn on the contrast between the passive victim status of the heroine and the active libidinal quest of the rake-villain. As Cathy Davidson points out, this fiction is "about silence, subservience, stasis (the accepted attributes of women as traditionally defined) in contradistinction to conflicting impulses toward independence, action, and self expression (the ideals of the new American nation)." The seduction plot diverts attention from this disparity by establishing an affective solidarity between heroine and reader and elevating the ruined woman to a tragic status. The sentimental emplotment of Norman's life marshaled a powerful set of emotional responses and moral judgements on her behalf. Norman claimed insanity. And since sentimental heroines are supposed to go mad when they are seduced and abandoned, the jury was prepared to interpret her symptoms according to her lawyers' very strategy for establishing her innocence. Ultimately, however, Norman embodied the plight of the sentimental heroine at the same time that she contested her fictional counterpart's fate. In this way, her trial spectacularized the disparity which the sentimental novel conjures up and displaces but never resolves. The common law theory of coverture, which severely limited the legal personhood of married women, has received a great deal of scholarly attention. Cases like Norman's remind us that unmarried women were also subject to draconian constraints on their legal personhood. The tort of seduction is a key example. Legal historians trace the development of the seduction tort from its common-law origins, when men's property interest in women's bodies formed the basis of the cause of action, to 1851, when Field Code authors (including Norman's lawyer David Graham) persuaded several states to grant seduced women standing to bring their own cause of action. Consequently, courts were forced to reckon with the seduced woman as a moral agent capable of consenting to sex. As trials like Norman's demonstrate, sentimental novels helped lay the groundwork for this shift in the law by elucidating a subjectivity for the seduced woman. Yet the doctrinal implications of Norman's precedent-setting trial had a second, more ambiguous strain. Norman's sentimental strategy proved so powerful that men on trial for killing their wive's seducers appropriated it to bring their own stories before juries and to reinforce male sexual norms. In the end, then, Norman's trial fostered legal reform, but it also suggested - as Child's fictionalization of the case in "Rosenglory" recognized - that only sustained and multifaceted efforts to change cultural as well as legal norms could improve the sexual status of women. Scholars such as Wai Chee Dimock have argued for a focus "on the historical and historically shifting relations between law and literature" - a view we endorse. Where we differ from Dimock is in our diversion of attention away from abstract ideas of law laid out by treatise writers and philosophers in favor of law experienced and manipulated by individuals. So, too, we are interested less in representations of concepts such as justice in legal and literary texts than we are in the ways in which literature (broadly conceived) can create provisional and fragile opportunities for concrete instantiations of justice and even generate legal change (for good or ill). Going further, we would argue that to the extent legal change motivates rather than simply mirrors cultural change, it needs literature to be effective. Thus, we see no need to characterize - and indeed reject the depiction of - law as "a limited arena" in which ideas of morality have little place. This project, then, responds to Gregg Crane's call for attention to "the complex and slippery historical interactions of law and literature that shape and are shaped by an ever changing cultural idiom of justice." The extended story of Amelia Norman not only constitutes a case study in the inescapable interaction between the overlapping and interdependent discourses of law and literature, but also reveals the literary and legal consequences of that interaction. (shrink)

This essay discusses Proust’s theory of selfhood. Throughout the novel, it argues, Proust’s protagonist struggles with the problem of finding or constructing a self that is both unique and enduring, in the face not only of change across time but also of serious division at any given moment, as the various faculties vie for control. Involuntary memory offers a partial solution, by revealing the existence within us of an aspect that is both individuating and stable—namely, our perspective. Our perspective, however, (...) is far from exhausting what we think of as our identity, since the numerous temporal selves, which never really disappear altogether from our psychic apparatus, also constitute an important part of who we are. The second suggestion, then, would be to gather these temporal selves together into a narrative. This narrative would require a certain amount of self-deception (ideally lucid): while it would need to be considered definitive in order to be of use, it would in reality, always be provisional, governed by a telos that is in principle unknown to us and therefore continually reimagined. Or, more consequently perhaps, we may dispense with actual narrative and instead simply live our lives as though they were works of literature. Stylizing our physical appearance is one possibility, but a more promising one involves the stylization of our very existence: imagining a future self and proceeding as if every aspect of our lives were directed toward this goal, asking not who we are but who we will have been, living life, in short, in the future perfect. (shrink)

Sun Yat-Sen was a Chinese philosopher and politician, who served as the provisional first president of the Republic of China, and first leader of the Kuomintang. He argued that common blood, language, customs, religion and livelihood were the five essential elements that constituted a nation. Sun was influenced by social Darwinism in his understanding that socio-cultural forces could override the innate characteristics of race. Thus, he employed racially defined nationalism by invoking anti-Manchuism. Although China’s modernisation in the first decades (...) of the 20th century was attributed to Sen, this paper shows that his insistence on the consanguine Han race produced inconsistencies, as his racially defined nationalism and republicanism were mutually exclusive, the latter being based on the inclusion of all citizens regardless of their ethnic background. Indeed, modern nations are constituted by both naturally inherited and culturally acquired qualities of the people. Since China consists of many ethnic groups, Sen’s emphasis on consanguine Chinese race has produced a racially exclusionary nation and has caused racial conflict. (shrink)

This article is an attempt to clarify the role of pregivenness by drawing on the accounts afforded by Eugen Fink both in the Sixth Cartesian Meditation and in the complementary writings to this study. Pregivenness is first situated, along with givenness and non-givenness, within the framework of the system of transcendental phenomenology. As a second step, an examination is undertaken of the dimensions of pregivenness in the natural attitude. Next, nonpregivenness in the transcendental sphere is examined with a focus upon (...) the way in which indeterminateness does not undermine the possibility of a transcendental foreknowledge in the natural attitude, and on the other hand implies the productive character of phenomenological knowledge. After showing how, with the reduction, the pregivennes of the world turns into the pregivenness of world-constitution, the paper addresses the problems raised by the nonpregivenness both of the depth-levels and the reach of transcendental life. By unfolding these lines of inquiry, transcendental phenomenology surmounts the provisional analysis of constitution at the surface level as well as the limitation of transcendental life to the egological sphere. Finally, it is contended that Fink’s account of pregivenness overstates apperceptive or secondary pregivenenness because is does not deal with the pregivenness that precedes acts and is the condition of possibility for primary passivity. Reasons for the omission of impressional or primary pregivenness are suggested. (shrink)

For all contract theorists, including Kant, political legitimacy is based upon the consent of the governed. The differences amongst them begin to emerge when we inquire into the motivations and considerations which lead up to the agreement. For Kant, consent to the social contract is not based upon considerations of rational self-interest or prudence, nor upon a natural right to self-preservation and the guarantee of absolute property rights, but upon a moral obligation to institutionalize and make peremptory in a social (...) contract property rights that in the state of nature have only a provisional character. Whether this approach ultimately makes the idea of a voluntary agreement superfluous is a question I will address below. First I would like to consider the unique status Kant assigns to property rights in his theory of the social contract. This status has for the most part not been observed in the secondary literature, and Kant has even been accused of falling behind the achievements of Locke and Rousseau by grounding property rights on an element of brute force. However, since Kant himself espoused a labor theory of property rights in his earlier writings, it is important to consider carefully the basis for its subsequent rejection in the Rechtslehre. Further, since Kant’s theory of property rights constitutes an alternative to Locke, it may be possible to find within the contract tradition an alternative to the view of property rights found in some of its contemporary versions. (shrink)

One of the chief grounds of objection to the view that value is a function of interest is afforded by the recognized distinction between what really is valuable and what merely seems to be valuable. This objection was urged against hedonism at the very dawn of European ethics, when it was contended that pleasure is an illusory experience of value which reason corrects, or a merely provisional experience of value which reason confirms. The same objection is embodied in the (...) assumption of common sense that present inclination, instead of constituting unimpeachable evidence of value, is often false and misleading. (shrink)

Life is a self-maintaining process based on metabolism. Something is said to be alive when it exhibits organization and is actively involved in its own continued existence through carrying out metabolic processes. A life is a spatio-temporally restricted event, which continues while the life processes are occurring in a particular chunk of matter (or, arguably, when they are temporally suspended, but can be restarted at any moment), even though there is continuous replacement of parts. Life is organized in discrete packages, (...) particular cells and multicellular organisms with differing degrees of individuality. Biological species, too, have been shown to be individuals, and not classes, as these collections of organisms are spatio-temporally localized, restricted, continuous, and somewhat cohesive entities, with a definite beginning and end. Assuming that all life on Earth has a common origin, all living organisms, cells, and tissues descending from this origin exhibit continuity of the life processes at the cellular level, as well as many of the features that define the individual character of species: spatio-temporal localization and restriction, continuity, historicity, and cohesiveness. Therefore, life on Earth is an ontological individual. Independent origins of life will have produced other such individuals. These provisionally called ‘life-individuals’ constitute a category of organization of life which has seldom been recognized. The discovery of at least one independent life-individual would go a long way toward the project of the universality of biology. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extraordinary Rendition:On Politics, Music, and Circular MeaningsRandall Everett AllsupThe purpose of this symposium is to look at music, education, and politics. I will begin with an examination of how musical meanings are politically rendered, and how these understandings are attached to moral consequences. Highly resistant to classification, musical meanings are those things we come to understand about ourselves through music, as opposed to musical knowledge which is demonstrable know-how. (...) While marching bands and flute sonatas can be judged with scores estimated to the 100th decimal point, the meanings that are created between the standards of practice of a given genre and the worldview of the listener or performer are provisional at best. Seen in this light, even seemingly secure or knowable realms like Christian heavy metal or anti-war movies are in fact highly un-objective and unpredictable. (More on Christian rock and movies in a moment). The challenge this paper seeks to uncover is participation on the hither side of fact, where understandings are rendered in a world that is contingent, political, and always in motion. What better example of the unclassifiable than the moving axes of politics and art?So what occurs between art and human or so-called "world" experience? [End Page 144] Let's agree that there is always motion, non-neutral, political movement in this interaction. We need not be students of French post-structuralism to recognize that we are part of many ever-evolving human-made systems, some of control, regulation, reward, punishment, and pleasure, but each with their own gravitation pull.1 I like Susan Sontag's take the best when she wrote that every place, every history has its own "sensibility," its own ineffable way of being in the world.2 Sensibilities—perhaps a clearer way of referring to politics in the context of art and experience—do not exist apart from their environment, yet they are more elusive than an idea or recognizable behavior.3 The sensibility of a time and place makes possible multiple discourses through which we make meaning.4 Some discourses, Foucault would remind us, are intensified by a history's particular sensibility and so appear louder than others. Such a discourse might speak so loudly that it shapes the meanings we make, drowning out options, and thus appearing obvious or commonsensical. The logic of musical assessment and evaluation—scoring marching bands and flute sonatas to the 100th decimal—is one such example.In spite of authoritative voices and reasonable discourses, each history's sensibility has its own escape routes, its own distortions and contradictions. I am fascinated by how we comply with or resist these pulls, as they are matters of agency and identity, matters of equity and social justice. In the present-day context of neo-liberalism and conservative values, especially 21st Century American fundamentalism, we would do well to ask how—not whether—such a fundamentalist sensibility shapes our ways of doing and knowing.5 My attempt is to locate music education in such a project.Shortly after the invasion of Iraq, I wrote a short piece on the fundamentalist imagination and its pull on the arts and education.6 This research took place at the 2003 MENC biennial where Bennett Reimer asks philosophy SRIG participants to consider (among other things) the role of metaphor in music education.7 I viewed the fundamentalist imagination as antithetical to metaphor: to paraphrase, the fundamentalist philosophy of education was "a philosophy for, not with, its initiates. Judgments are passed, not reached; answers are given, not argued... [Most importantly,] it is an educational method that emphasizes and then measures what is literal."8Since then, the voices of American literalism have appeared in increasingly loud volume seeking to discourage interpretation and argument in favor of handed-down teachings and binary logic. Supreme Court Justice Antonin Scalia decries the folly of a "living" constitution, in favor of a strict or literal reading. Retired Cardinal Bernard Law of Boston, in response to a common ground initiative by the late Joseph Bernadin, labels an appeal to "dialogue" a "fundamental flaw."9 Law sniffed, "Dissent from revealed truth or the authoritative [End Page 145] teaching of the church cannot... (shrink)

Jean-Jacques Rousseau devoted an important chapter of his Social Contract to the dictatorship. Carl Schmitt interpreted Rousseau’s chapter as marking the transition from ‘commissarial’ to ‘sovereign dictatorship’. This article argues that Schmitt’s interpretation is historically and conceptually inaccurate. Instead of paving the way for sovereign dictatorship, Rousseau carefully distinguished the dictatorship from the people’s sovereign authority. Taking position in the ‘debate’ between Bodin and Grotius on the relation between dictatorship and sovereignty, he argued that the dictator could provisionally suspend the (...) people’s sovereign authority, but not abolish it. More particularly, the dictator did not possess the power to make generally binding laws, which had to remain the exclusive authority of the popular assembly. However, this did not prevent Rousseau from recognizing the dictatorship as a means for democratic reform. Rousseau thus conceived of the dictatorship as a time-limited and revocable commission to protect the constitution and to provide for a more stable and effective state organization based on the principle of popular sovereignty. (shrink)

In the philosophy of language, conceptual role semantics (hereafter CRS) is a theory of what constitutes the meanings possessed by expressions of natural languages, or the propositions expressed by their utterance. In the philosophy of mind, it is a theory of what constitutes the contents of psychological attitudes, such as beliefs or desires. CRS comes in a variety of forms, not always clearly distinguished by commentators. Such versions are known variously as functional/causal/computational role semantics, and more broadly as use-theories of (...) meaning. Nevertheless, all are united in seeking the meaning or content of an item, not in what it is made of, nor in what accompanies or is associated with it, but in what is done with it, the use it is put to. Roughly, according to CRS, the meaning or propositional content of an expression or attitude is determined by the role it plays in a person’s language or in her cognition. Currently, many view CRS as the main rival to theories that take notions such as truth or reference as central (for example, Davidson 2001), although the relationship between the two is not straightforward. The following outlines the main varieties of CRS, provides a cursory survey of its history, introduces the central arguments offered in its favor, and provisionally assesses how the variants fair against a number of prominent criticisms. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Extraordinary Rendition:On Politics, Music, and Circular MeaningsRandall Everett AllsupThe purpose of this symposium is to look at music, education, and politics. I will begin with an examination of how musical meanings are politically rendered, and how these understandings are attached to moral consequences. Highly resistant to classification, musical meanings are those things we come to understand about ourselves through music, as opposed to musical knowledge which is demonstrable know-how. (...) While marching bands and flute sonatas can be judged with scores estimated to the 100th decimal point, the meanings that are created between the standards of practice of a given genre and the worldview of the listener or performer are provisional at best. Seen in this light, even seemingly secure or knowable realms like Christian heavy metal or anti-war movies are in fact highly un-objective and unpredictable. (More on Christian rock and movies in a moment). The challenge this paper seeks to uncover is participation on the hither side of fact, where understandings are rendered in a world that is contingent, political, and always in motion. What better example of the unclassifiable than the moving axes of politics and art?So what occurs between art and human or so-called "world" experience? [End Page 144] Let's agree that there is always motion, non-neutral, political movement in this interaction. We need not be students of French post-structuralism to recognize that we are part of many ever-evolving human-made systems, some of control, regulation, reward, punishment, and pleasure, but each with their own gravitation pull.1 I like Susan Sontag's take the best when she wrote that every place, every history has its own "sensibility," its own ineffable way of being in the world.2 Sensibilities—perhaps a clearer way of referring to politics in the context of art and experience—do not exist apart from their environment, yet they are more elusive than an idea or recognizable behavior.3 The sensibility of a time and place makes possible multiple discourses through which we make meaning.4 Some discourses, Foucault would remind us, are intensified by a history's particular sensibility and so appear louder than others. Such a discourse might speak so loudly that it shapes the meanings we make, drowning out options, and thus appearing obvious or commonsensical. The logic of musical assessment and evaluation—scoring marching bands and flute sonatas to the 100th decimal—is one such example.In spite of authoritative voices and reasonable discourses, each history's sensibility has its own escape routes, its own distortions and contradictions. I am fascinated by how we comply with or resist these pulls, as they are matters of agency and identity, matters of equity and social justice. In the present-day context of neo-liberalism and conservative values, especially 21st Century American fundamentalism, we would do well to ask how—not whether—such a fundamentalist sensibility shapes our ways of doing and knowing.5 My attempt is to locate music education in such a project.Shortly after the invasion of Iraq, I wrote a short piece on the fundamentalist imagination and its pull on the arts and education.6 This research took place at the 2003 MENC biennial where Bennett Reimer asks philosophy SRIG participants to consider (among other things) the role of metaphor in music education.7 I viewed the fundamentalist imagination as antithetical to metaphor: to paraphrase, the fundamentalist philosophy of education was "a philosophy for, not with, its initiates. Judgments are passed, not reached; answers are given, not argued... [Most importantly,] it is an educational method that emphasizes and then measures what is literal."8Since then, the voices of American literalism have appeared in increasingly loud volume seeking to discourage interpretation and argument in favor of handed-down teachings and binary logic. Supreme Court Justice Antonin Scalia decries the folly of a "living" constitution, in favor of a strict or literal reading. Retired Cardinal Bernard Law of Boston, in response to a common ground initiative by the late Joseph Bernadin, labels an appeal to "dialogue" a "fundamental flaw."9 Law sniffed, "Dissent from revealed truth or the authoritative [End Page 145] teaching of the church cannot... (shrink)

This paper aims to map and highlight the diverse heritage of Pragmatism in aesthetics. It argues that pragmatist aesthetics represents an interesting third way of doing aesthetics beyond the analytic philosophy of art and continental aesthetics. It offers a first, provisional sketch of existing research trends in pragmatist aesthetics, such as somaesthetics, environmental aesthetics, everyday aesthetics, and social aesthetics. Furthermore, it identifies some “family resemblances” connecting most pragmatist “relatives” in the field of aesthetics: the idea that (1) aesthetics is (...) broader than the traditional philosophy of art, (2) the criticism of the view of art as constituting an independent realm or an autonomous system, (3) the thesis of a basic continuity between artistic practices and experience “in the raw,” (4) the adoption of a naturalistic yet non-reductive stance, and (5) a broadly socio-political inspiration. (shrink)

This article explores Socrates' long analysis of Simonides' "Ode to Scopas," found near the end of Plato's Protagoras. Socrates misinterprets the poem to suggest that virtue is akin to technical knowledge, whereas the poem suggests instead that a wholly virtuous life is impossible, and that the good life is divine, achievable only by the gods. The author argues that Socrates' exegesis dialectically opposes the idea that virtue is knowledge, along with his suggestion that the good life can be secured through (...) a hedonistic calculus, with the poem's emphasis on the insurmountable limitations to human flourishing. Socrates' misreading highlights the provisional and aporetic nature of philosophical accounts of virtue, suggesting that continuous inquiry in the face of misfortune is constitutive of human goodness. The article concludes by proposing that philosophical speech must be self-disclosive and poetic, indicating its own limitations, while engaging in a dialogical pursuit of truth. (shrink)

Realism is the claim that truth may transcend all possible verification. The familiar Dummettian argument against that modal claim is that there is no way to manifest an understanding of it in actual linguistic practice. The Dummettian anti-realist's provisional conclusion is that the modal claim must be false. ;The attack on truth-conditional semantics and on the principle of bivalence are familiar ingredients of the anti-realist negative programme. I agree that, whether mathematical formulae or ordinary sentences in the past tense (...) are concerned, we cannot manifest a knowledge of the truth-conditions of particular instances of 'It is possible that ' by deciding their truth. There is nevertheless a way to argue in favour of specific instances of the modal claim when s is a sentence in the past tense. The proposed argument does not appeal to the recognitional abilities which, in the standard anti-realist perspective, constitute grasp of meaning. It does not commit one to the endorsement of the principle of bivalence, although the principle implies the modal claim. ;Our understanding of the workings of nature, whether grounded on scientific theories or on common sense, implies the modal claim. Since we are only contingently connected to the evidence pro or con past events and since the existence of evidence is itself a contingent matter, sentences which say that those events occurred could be true whether or not we can, at any point in time, detect that they are true. The possibility that truths about past facts transcend all possible verification is a purely natural possibility, grounded on what we know of the workings of nature. ;This implies that decidable statements in the past tense are not immune to the realism vs. anti-realism debate. Although they do not transcend verifiability, they could transcend whatever our recognitional abilities, no matter how extended, would allow us to establish at any point in time, either in the past, right now, or in an indefinitely extensible future. (shrink)

"Foucault's Aestheticism" asks to what extent critique as Foucault conceives it can be read as a form of style. Starting from Foucault's description of "aestheticism" as "self-transformation," Lamb argues that accounts of Foucauldian critique have often sought to establish Foucault's position as one of affirmation or opposition without carefully setting out the terms by which his practice and relation to the self shift with respect to the institutions, disciplines, and practices that form his objects of study. By focusing on Foucault's (...) description of modernity as an ethos against the reception of his history of classical ethics, the essay concludes not only that an impersonal style often functions crucially in Foucault's critical practice but also that no account of his style can afford to ignore the changed understanding of style at which Foucault ultimately arrives, an understanding in which style constitutes less the final expression of an authorial position than a provisional practice of self-modification. (shrink)

The article presents a perspective on the scientific explanation of the subjectivity of conscious experience. It proposes plausible answers for two empirically valid questions: the ‘how’ question concerning the developmental mechanisms of subjectivity, and the ‘why’ question concerning its function. Biological individuation, which is acquired in several different stages, serves as a provisional description of how subjective perspectives may have evolved. To the extent that an individuated informational space seems the most efficient way for a given organism to select (...) biologically valuable information, subjectivity is deemed to constitute an adaptive response to informational overflow. One of the possible consequences of this view is that subjectivity might be (at least functionally) dissociated from consciousness, insofar as the former primarily facilitates selection, the latter action. (shrink)

A relação entre o corpo e a alma do ser humano na teologia cristã: uma aproximação histórica e contemporânea. (The relation between body and soul of human being in Christian Theology: A historical and contemporary approach) - DOI: 10.5752/P.2175-5841.2013v11n31p1081 O objetivo deste artigo é apresentar como se deu, no plano histórico, e se dá, atualmente, na contemporaneidade, as relações entre o corpo e a alma, no âmbito da antropologia cristã. Historicamente, primeiro se constatou a existência do corpo e da alma (...) para depois se ocupar do tipo de relação que há entre ambos os princípios. Do ponto de vista histórico, houve um primado e uma supremacia da alma sobre o corpo. Entre ambos os princípios metafísicos, ora vigorava uma unidade acidental (provisória e dualista), ora uma unidade substancial (permanente e recíproca). Atualmente, a reflexão teológica defende uma unidade mútua e recíproca entre o corpo e a alma, de modo que cada princípio está ordenado para o outro. O ser humano é uma unitotalidade psicofísica e anímico-corpórea. Atualmente, há autores filósofos (X. Zubiri, M. Bunge) e teológos (J. Moltmann, Flick-Alszechy), que defendem como alternativa ao hilemorfismo aristótelico-tomista, novas formas de compreender a relação entre o corpo/matéria e alma/espírito. Também, nos dias de hoje, a relação corpo-alma está presente nas novas antropologias, mas com um novo verniz: a relação mente-cérebro. Palavras-chave : Antropologia. Corpo. Alma. Mente. Cérebro.The scope of this paper is to present how occurred in historical level, and occurs in the contemporary world, the relation between body and soul in the context of Christian anthropology. Historically, in a first moment, it was identified the existence of the body and the soul, and afterwards, the type of relation between these two ontological principles. From a historical point of view, there was a primacy and supremacy of the soul over the body. Between these principles, sometimes prevailed an accidental unity (provisional and dualistic), sometimes a substantial unity (permanent and reciprocal). Nowadays, the theological reflection defends a mutual and reciprocal unity between body and soul, so that each principle is ordained one to the other. Human being is a psychophysical “unit-totality” constituted of body and soul. Currently, there are philosophers (X. Zubiri, M. Bunge) and theologians (J. Moltmann, Flick-Alszeghy), who defend, as alternative to the Aristotelian-Thomistic hylemorphism, new forms of understanding the relation between body/matter and soul/spirit. Also, nowadays, the relation body-soul is present in new anthropologies, but with a new varnish through relation between mind-brain. Key-words : Anthropology. Body. Soul. Mind. Brain. (shrink)

This article examines Kant’s theory of property through a comparative analysis of Gottfried Achenwall’s justification of ownership rights. I argue that at the core of Achenwall’s and Kant’s understanding of ownership rights lies the idea that rights are to be acquired through a juridical act (factum iuridicum, rechtlichen Act) of the will. However, while Achenwall thinks of this act as emerging from a private will, Kant holds that rights and obligations can only be brought about by an act of the (...) general will. By contrasting these two views, I aim to illuminate one of the main features of Kant’s theory of property, namely, that ownership rights are only possible in a rightfully constituted state. I conclude with a suggestion regarding Kant’s view of the notion of ‘provisional’ possession in the state of nature. (shrink)

Abstrac. The work argues the activation of the competence of the UN Security Council to review the complex humanitarian emergency situation in Venezuela, and adopt as a provisional measure a Humanitarian Electoral Intervention (IHE), which allows to settle and alleviate conflicts by holding some general elections, based on the experience of Cambodia (1992-1993) and Timor Leste (2001-2002), and thus ruling out any possibility of violence in the Venezuelan conflict, also removing any possibility of military intervention, bearing in mind that (...) the continuity or aggravation they constitute a threat to regional and world peace and security. (shrink)