Wahrend Friedrich Nietzsche als eine der bedeutendsten Figuren innerhalb der deutschen Kulturgeschichte gilt, wird sein Einfluss auf den juristischen Diskurs als marginal beurteilt. Es scheint, als hatten sich die Rechtsphilosophen und -theoretiker einer vertieften Auseinandersetzung mit dem Denker enthalten. Sophia Gluth hinterfragt diesen Umstand und beleuchtet, ob und wie theoretisierende Juristen mit Nietzsche umgegangen sind. Dabei deckt sie ein Phanomen auf, das bisher weder gesehen noch beschrieben wurde: die konstante Rezeption Friedrich Nietzsches in der Rechtswissenschaft. Untersucht werden die (...) Rezeptionsansatze vom Kaiserreich bis in die Gegenwart. Die juristischen Nietzsche-Lekturen u.a. des Freirechts, der "Konservativen Revolution", der Nationalsozialisten sowie der Postmoderne werden dabei stets eingebettet in ihre kulturelle und soziologische Umwelt. Erzahlt wird so eine - nicht zuletzt bedruckende - juristische Ideen- und Mentalitatsgeschichte des 20. Jahrhunderts. (shrink)

Attending to the rich entanglements of scientific and critical theory, contributors to this issue scrutinize phenomena in nature to explore new territory in feminist science studies. With a special focus on relating theory to method, these scholars generate new feminist approaches to scientific practice. Contributors probe this relationship by way of topics from poetics of human-jellyfish interactions to a feminist reconsideration of a well-known thought experiment in thermodynamics. Two contributors analyze plant-insect encounter research to spin their own symbiotically inflected account (...) of “affective ecologies.” Technologies of human memory storage and retrieval lead one writer to interrogate how our understandings of memory and amnesia are currently under revision. Another contributor tracks the lively evolutionary and morphological theories that textile artisans manifest in material models of sea creatures. What emerges from these diverse essays is an approach to critical thinking that inhabits, elaborates, and feeds upon scientific theory, holding feminist theory accountable to science and vice versa. _Sophia Roosth_ is Assistant Professor of the History of Science at Harvard University. _Astrid Schrader_ is Visiting Assistant Professor of Science, Technology, and Society at Sarah Lawrence College. _Contributors_: Karen Barad, Lina Dib, Eva Hayward, Carla Hustak, Vicki Kirby, Natasha Myers, Sophia Roosth, Astrid Schrader. (shrink)

Many social practices treat citizens with cognitive disabilities differently from their nondisabled peers. Does John Rawls's theory of justice imply that we have different duties of justice to citizens whenever they are labeled with cognitive disabilities? Some theorists have claimed that the needs of the cognitively disabled do not raise issues of justice for Rawls. I claim that it is premature to reject Rawlsian contractualism. Rawlsians should regard all citizens as moral persons provided they have the potential for developing the (...) two moral powers. I claim that every citizen requires specific Enabling Conditions to develop and exercise the two moral powers. Structuring basic social institutions to deny some citizens the Enabling Conditions is unjust because it blocks their developmental pathways toward becoming fully cooperating members of society. Hence, we have a duty of justice to provide citizens labeled with cognitive disabilities with the Enabling Conditions they require until they become fully cooperating members of society. (shrink)

This book explores "real" valuation through tracing the pragmatic meanings of "mattering." Employing Peirce's overall pragmatic method and realism to understand what we mean when we say something "matters," it encourages consideration of the practices we engage in, the values attached to those practices, and their consequences.

In this paper, my aim is to offer some comments on the study of Mu‘tazilite kalām, framed around the study of a particular episode in the Mu‘tazilite dispute about man – a question with a deceptively Aristotelian cadence that is not too difficult to dispel. Within this episode, my focus is on one of the major arguments used by the late Baṣrans to hold up their side of the dispute, and on the relationship between the mental and the physical which (...) emerges from it. The most interesting – and most surprising – aspect of this relationship is that the mental and the physical do not seem to be treated as distinct terms, thus creating the space for questions about how the two relate. The first person perspective seems to be identified with the physical body. My interest then is in the response of the reader to this surprising presentation – or rather, in a certain kind of reader response, and thus a certain kind of interpretive mode, whose value and viability it is part of my aim to help clarify. (shrink)

Must good deeds be rewarded and wrongdoers punished? Would God be unjust if He failed to punish and reward? And what is it about good or evil actions and moral identity that might generate such necessities? These were some of the vital religious and philosophical questions that eighth- and ninth-century Mu'tazilite theologians and their sophisticated successors attempted to answer, giving rise to a distinctive ethical position and one of the most prominent and controversial intellectual trends in medieval Islam. The Mu'tazilites (...) developed a view of ethics whose distinguishing features were its austere moral objectivism and the crucial role it assigned to reason in the knowledge of moral truths. Central to this ethical vision was the notion of moral desert, and of the good and evil consequences--reward or punishment--deserved through a person's acts. Moral Agents and Their Deserts is the first book-length study of this central theme in Mu'tazilite ethics, and an attempt to grapple with the philosophical questions it raises. At the same time, it is a bid to question the ways in which modern readers, coming to medieval Islamic thought with a philosophical interest, seek to read and converse with Mu'tazilite theology. Moral Agents and Their Deserts tracks the challenges and rewards involved in the pursuit of the right conversation at the seams between modern and medieval concerns. (shrink)

Following the initiative of Abū Hāshim al-Jubbā'ī, the Baṣran Mu'tazilites rejected the view of language, dominant till then in the Islamic milieu, according to which humanity had received it by way of divine revelation, and defended the position that language had arisen by means of a human convention. On the Baṣran understanding of this convention, the connection between words and things was effected by means of a momentous act of intention to assign a name, which was revealed to another through (...) a bodily gesture or act of pointing. In considering the signifying powers of this bodily manifestation of intention, I discuss two points of difficulty, one internal and one external (grounded in Wittgenstein's critical framework) which beset the Baṣran Mu'tazilite account. (shrink)

With its pessimistic vision and bleak message of world-denial, it has often been difficult to know how to engage with Schopenhauer's philosophy. Schopenhauer's arguments have seemed flawed and his doctrines marred by inconsistencies; his very pessimism almost too flamboyant to be believable. Yet a way of redrawing this engagement stands open, Sophia Vasalou argues, if we attend more closely to the visionary power of Schopenhauer's work. The aim of this book is to place the aesthetic character of Schopenhauer's standpoint (...) at the heart of the way we read his philosophy and the way we answer the question: why read Schopenhauer - and how? Approaching his philosophy as an enactment of the sublime with a longer history in the ancient philosophical tradition, Vasalou provides a fresh way of assessing Schopenhauer's relevance in critical terms. This book will be valuable for students and scholars with an interest in post-Kantian philosophy and ancient ethics. (shrink)

Aristotle's account of female nature has received mostly negative treatment, emphasising what he says females cannot do. Building on recent research, this book comprehensively revises such readings, setting out the complex and positive role played by the female in Aristotle's thought with a particular focus on the longest surviving treatise on reproduction in the ancient corpus, the Generation of Animals. It provides new interpretations of the nature of Aristotle's sexism, his theory of male and female interaction in generation, and his (...) account of inherited features. It also discusses a range of more general issues which can and should be re-examined in light of Aristotle's account of female animals: his methodology, hylomorphism, teleology and psychology. Aristotle on Female Animals will be valuable to all those interested in Aristotle's philosophy and the history of gender. (shrink)

Berichte zur Wissenschaftsgeschichte, Volume 45, Issue 1-2, Page 55-86, June 2022.

We have two theses about scientific knowledge in the age of computation. Our general claim is that scientific Knowledge Management practices emerge as second-order practices whose aim is to systematically collect, take care of and mobilise first-hand disciplinary knowledge and data. Our specific thesis is that knowledge management practices are transforming biological research in at least three ways. We argue that scientific Knowledge Management a. operates with founded concepts of biological knowledge as explicated and computable, b. enables new outputs and (...) ways of knowing within biology, and c. risks enforcing objectivist epistemologies of knowledge as some one objective thing. (shrink)

Objectives: Mental disorders are vastly underdiagnosed in low-income countries that disproportionately affect women. We aimed to evaluate the prevalence of common mental disorders in newly postpartum women, and stigma associated with mental health reporting in an Ethiopian community using a validated World Health Organization survey.Methods: The Self Reporting Questionnaire for psychological distress was administered in Amharic by nurses to 118 women aged 18–37 years who had given birth in the prior 3 months in the Glenn C. Olsen Memorial Primary Hospital (...) in Yetebon. Mental health stigma among the four nursing staff was assessed using Link and Phelan's Components of Stigma.Results: Among 118 women surveyed, 18% had a probable common mental disorder using the SRQ 4/5 cutoff and 2% admitted to suicidal thoughts. Presence of stigma in the healthcare staff was verified, including labeling, stereotyping, separating, and status loss and discrimination.Conclusion: Postpartum mental health disorders as well as stigma against such diagnoses are common in the Yetebon community. There is an urgent need for increased availability of properly trained and supervised healthcare staff in the identification and referral of postpartum women with common mental disorders. (shrink)

This essay examines the reception of the ancient virtue of greatness of soul (or magnanimity) in the Arabic tradition, touching on a range of figures but focusing especially on Miskawayh and even more concertedly on al‐Ghazālī. Influenced by a number of Greek ethical texts available in Arabic translation, both of these thinkers incorporate greatness of soul into their classifications of the virtues and the vices. Yet a closer scrutiny raises questions about this amicable inclusion, and suggests that this virtue stands (...) in an uneasy relationship to the larger ethical schemes of both thinkers. This is substantiated by a careful probing of these thinkers’ considered views on the value of honor and the ethics of self‐evaluation. Yet if the values embedded in the virtue of greatness of soul conflict with these thinkers’ ethical standpoints, there is then an interesting question to ask as to why this conflict should be obscured from view. (shrink)

The idea that ethics might be fruitfully understood in analogy with, or indeed as a form of, medicine has enjoyed a long and distinguished history. A staple of ancient philosophical thinking, it also achieved wide expression in the Islamic world. This essay explores the role of the medical analogy in the work of the eleventh-century Muslim intellectual Abū Ḥāmid al-Ghazālī. Al-Ghazālī’s use of this analogy offers a unique vantage point for approaching several key features of his ethics of virtue, as (...) notably expressed in the Revival of the Religious Sciences. These include his understanding of the nature of virtue and moral education; the fundamental structure of value; and most importantly, the place of human reasoning in the ethical life. This analogy also illuminates the rhetorical context of the Revival, taken as a book that aims to foster skills of practical reasoning and train its readers to become their own physicians. (shrink)

In this paper, I explore a mode of concern with the question of personal identity in which the latter is raised as a problem of a practical order. What provokes this is a concern with the experience of discontinuity within the self and with the perception of continuity as a fragile and uncontrollable good. I discuss the relation which this practically oriented perspective bears to the philosophical form of engagement with personal identity, and the reasons which make the perspective of (...) the latter particularly enticing to the former, yet at the same time entirely inadequate to its needs. Finally, I consider how the need in question can instead appropriately be met, within a broader (and broadly Wittgensteinian) interest in the tendency of philosophical questions to mask?and thus sometimes betray?the need that inspires them. (shrink)

We agree with Svirsky, Howard, and Berman that the US Food and Drug Administration plays various roles, only one of which is the technical review and evaluation of product safety and e...

Sophia Vasalou investigates the 'virtues of greatness' in the Islamic world. Examining the virtue of magnanimity in ancient philosophical ethics and the 'greatness of spirit' in the Arabic tradition, she traces the genealogy of these ideals, explores the influences that shaped them, and highlights the contemporary relevance of these ideals.

This book defends an original and pluralist theory of when and why discrimination wrongs people, in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good.

In this paper, I consider certain remarks raised by Wittgenstein in his Lecture on Ethics in connection with the effability of absolute value. My focus is on the expressions we use to talk about the experience of wonderment at the existence of the world, which he dismisses as nonsensical owing to the way they deviate from the conditions of ordinary usage (specifically, to wonder at something, one must be able to imagine its contrary). I suggest that the concept of imagination (...) that Wittgenstein invokes cannot carry great weight as a ground for judging utterances of wonderment to be nonsense. Yet this does not seem to give one a wholly adequate defence of their sense, and I explore whether or not an invocation of the religious form of life can provide a solution, considering some of the special difficulties that this range of utterances presents within the context of questions about how the identity of separate language‐games (especially the religious) affects the sense of words. (shrink)

In recent years, Philosophy Departments at universities in China and worldwide have experienced a renaissance in discussion on Confucian thought. As the country draws from indigenous traditions, rather than leaning completely on the importation of Western liberalism and Marxism, Confucianism has critical implications for politics, ethics, and law in modern China. At the same time, democracy never left the conversation. Democratic concepts cannot be ignored and must be disposed of, acknowledged, or incorporated. The relationship between Confucianism and democracy has been (...) described by various authors as one of conflict, critique, compatibility, and hybridity. In this article, we examine a compatibility model, in which compatibility between Confucianism and democracy can be divided into four types: soft, hard, coexistence, and integration. We examine compatibility by examining “what is compatible” and “how compatibility can be achieved” so as to design speculative models for what a contemporary Confucian government would look like. Our focus is mainly political philosophy in order to explain the effect of cross-pollination of Confucian and democratic thought on political society. (shrink)

Icon of modern-day fundamentalist movements, firebrand religious purist, tireless polemicist against the intellectual schools of his time-the Ibn Taymiyya we know is a thinker we often associate with hard attitudes and dogmatic stances. Yet there is another Ibn Taymiyya that stands out from the pages of his work, the thinker who fashions himself as a master of the via media and as a defender of the harmony between human reason and the religious faith. The aim of this book is to (...) shed fresh light on Ibn Taymiyya's intellectual identity by a close investigation of his ethical thought. Earlier Muslim thinkers debating ethical value had been exercised by a number of core questions. What makes actions right or wrong? How do human beings know it? And what is God's relationship to the evaluative standards discerned by the human mind? An investigation of Ibn Taymiyya's engagement with such questions has much to teach us about his intellectual program and particularly about the role of reason and the linchpin concept of human nature within this program. It also has much to teach us about Ibn Taymiyya's relationship to the intellectual landscape of his time, bringing us up against a rich tapestry of ethical discussions unfolding within theology, philosophy and legal theory in the classical period. At the same time, a close reading of Ibn Taymiyya's ethics invites us to confront not only the content of his thought but its form, and more particularly those features of his writing that fracture our efforts to unify his thought. (shrink)

This paper argues that challenges that are grand in scope such as "lifelong health and wellbeing", "climate action", or "food security" cannot be addressed through scientific research only. Indeed scientific research could inhibit addressing such challenges if scientific analysis constrains the multiple possible understandings of these challenges into already available scientific categories and concepts without translating between these and everyday concerns. This argument builds on work in philosophy of science and race to postulate a process through which non-scientific notions become (...) part of science. My aim is to make this process available to scrutiny: what I call founding everyday ideas in science is both culturally and epistemologically conditioned. Founding transforms a common idea into one or more scientifically relevant ones, which can be articulated into descriptively thicker and evaluatively deflated terms and enable operationalisation and measurement. The risk of founding however is that it can invisibilise or exclude from realms of scientific scrutiny interpretations that are deemed irrelevant, uninteresting or nonsensical in the domain in question-but which may remain salient for addressing grand-in-scope challenges. The paper considers concepts of "wellbeing" in development economics versus in gerontology to illustrate this process. (shrink)

Maurice Merleau-Ponty’s phenomenology of the body has so far been widely neglected in the debate on practice theory. This failure is surprising considering Merleau-Ponty’s early contribution of a number of fundamental insights – including bodily practice as a theoretical basic unit, the priority of “practical sense” and “implicit knowledge” over consciousness, and the collectivity of practice. The article addresses these approaches in detail, examining them relative to corresponding concepts from Bourdieu and Foucault. It turns out that both theorists owe more (...) to their teacher than they were willing to admit. Revisiting Merlau-Ponty also offers the opportunity to both supplement practice theoretical vocabulary with the aspect of implicit perceptual knowledge and refine it with regard to the question of individual deviation from order. (shrink)

This paper presents a novel position in the philosophy of logic: I argue that _validity_ is a thick concept. Hence, I propose to consider _validity_ in analogy to other thick concepts, such as _honesty_, _selfishness_ or _justice_. This proposal is motivated by the debate on the normativity of logic: while logic textbooks seem simply descriptive in their presentation of logical truths, many have argued that logic has consequences for how we ought to reason, for what we ought to believe, or (...) for what we ought to infer. How can logic be normative, if it appears to be descriptive? According to the proposal of this paper, the normativity of logic can be explained because a thick concept is in play: _validity_. Thus, I argue that the debate on how to best characterize validity and the debate on logic’s normativity are more connected than we think, because _validity_ is a thick concept. (shrink)

That only those who have mastered language can be virtuous is something that may strike us as an obvious truism. It would seem to follow naturally from, indeed simply restate, a view that is far more commonly held and expressed by philosophers of the virtues, namely that only those who can reason can be virtuous properly said. My aim in this paper is to draw attention to this truism and argue its importance. In doing so, I will take the starting (...) point for my reflections from a couple of concrete occasions in which the desire to offer a foothold to the language of the virtues encounters an obstacle that might be described as a recalcitrance of language: certain intuitions that seem decidedly linguistic get in the way to suggest that this vocabulary is out of place or out of order. Taking my cue from the discomfort of our linguistic intuitions, what I will be suggesting is that certain difficulties do indeed attend our use of the vocabulary of the virtues, and that there is a particular way of understanding their inevitability, one which is closely connected to the context of moral education. My hope is that reflecting on these difficulties and on the task of moral education with which they are associated can help us illuminate and recover the insight that a mastery of language may be indispensable for a mastery of virtue. (shrink)

In a work entitled On the Generation of Animals, Aristotle remarks that “intellect (nous) alone enters from outside (thurathen)”. Interpretations of this passage as dualistic dominate the history of ideas and allow for a joining together of Platonic and Aristotelian doctrine on the soul. This, however, pulls against the well-known Aristotelian position that soul and body are intertwined and interdependent. The most influential interpretations thereby misrepresent Aristotle’s view on soul and lack any real engagement with his embryology. This paper seeks (...) to extract the account of intellect (nous) in Aristotelian embryology from this interpretative background and place it within the context of his mature biological thought. A clear account of the actual import of this statement in its relevant context is given before explaining how it has been misunderstood by various interpretative traditions. The paper finishes by touching on how early commentary by Christian writers, freed as it was from the imperative to synthesise Greek philosophy, differed from those that came after. While realising that Aristotle’s position would not aid them in their explanations of the soul’s survival after death, their engagement with Aristotle’s science allowed for other aspects of theology concerning the fittingness of soul to body. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 642-651, May 2022. Academic freedom in China is unquestionably under threat from various quarters. Yet the assumption that only the logics of authoritarian Communist Party power shape the terrain in which scholars operate provides us with a limited perspective on these threats. The Chinese academy has become deeply entangled with transnational forces, and is increasingly driven by similar business logics to those in play in universities around the world. We argue that (...) these forces too contribute to the context for the exercise of academic freedom and its restriction. As is the case elsewhere, discourses around developing the national ‘knowledge economy’ and related logics of securitisation around knowledge production create conditions in which some forms of academic research are prioritised over others. Echoing the ‘culture wars’ plaguing the academy in many other countries, the research agendas most under threat in China are ones that connect to transnational movements and struggles, especially those focussed on labour and class, gender and feminism, race and ethnicity and human rights. In this article, we outline what we see as the key forces shaping the landscape for academic freedom in China, with a concentration on areas of research and teaching in the social sciences and humanities that are most at risk in the current conjuncture. (shrink)

This Article uses a history of the push for job security in the United States during the late 20th century to assess New Private Law (NPL) theory. The history recounts the rise and fall of common law and statutory approaches to replacing at-will employment with termination for just cause only. Applying NPL theory to that history, the Article argues that NPL theorists’ current approach to defining their topic of study and distinguishing it from public law is inconsistent within and across (...) theories. NPL theorists seek to carve out an area of law where interpersonal morality trumps legal economists’ goal of collective welfare maximization. That conceptual project depends on a coherent and consistent approach to distinguishing private from public law. Ultimately, the Article argues, NPL theorists face a more fundamental problem, however. Regardless of how one categorizes the events in this history, it shows that the common law-derived interpersonal morality at the heart of NPL theory may not strengthen worker protections in the ways at least some of its theorists hope. (shrink)

Business and Society Review, Volume 127, Issue S1, Page 253-282, Spring 2022.

In cases of self-gaslighting, the subject worries that other people will be skeptical of one of her beliefs—for instance, the belief that she has been sexually harassed. Prompted by this worry, she...