The Language Dynamic identifies a number of mechanisms that enable the meaning potential of language from the phoneme through grammar and discourse and onto ideological systems. This book, which underpins functional theories of language with concepts from biological and cultural evolution, social semiotics and systems theory, is relevant to all who are interested in how and why we can mean and what it means for us as humans to be semiotic agents.

In this review, we describe some of the central philosophical issues facing origins-of-life research and provide a targeted history of the developments that have led to the multidisciplinary field of origins-of-life studies. We outline these issues and developments to guide researchers and students from all fields. With respect to philosophy, we provide brief summaries of debates with respect to (1) definitions (or theories) of life, what life is and how research should be conducted in the absence of an accepted theory (...) of life, (2) the distinctions between synthetic, historical, and universal projects in origins-of-life studies, issues with strategies for inferring the origins of life, such as (3) the nature of the first living entities (the “bottom up” approach) and (4) how to infer the nature of the last universal common ancestor (the “top down” approach), and (5) the status of origins of life as a science. Each of these debates influences the others. Although there are clusters of researchers that agree on some answers to these issues, each of these debates is still open. With respect to history, we outline several independent paths that have led to some of the approaches now prevalent in origins-of-life studies. These include one path from early views of life through the scientific revolutions brought about by Linnaeus (von Linn.), Wöhler, Miller, and others. In this approach, new theories, tools, and evidence guide new thoughts about the nature of life and its origin.We also describe another family of paths motivated by a” circularity” approach to life, which is guided by such thinkers as Maturana & Varela, Gánti, Rosen, and others. These views echo ideas developed by Kant and Aristotle, though they do so using modern science in ways that produce exciting avenues of investigation. By exploring the history of these ideas, we can see how many of the issues that currently interest us have been guided by the contexts in which the ideas were developed. The disciplinary backgrounds of each of these scholars has influenced the questions they sought to answer, the experiments they envisioned, and the kinds of data they collected. We conclude by encouraging scientists and scholars in the humanities and social sciences to explore ways in which they can interact to provide a deeper understanding of the conceptual assumptions, structure, and history of origins-of-life research. This may be useful to help frame future research agendas and bring awareness to the multifaceted issues facing this challenging scientific question. (shrink)

This is the first collection dedicated to presenting research directly influenced by the innovative and groundbreaking ideas of the eminent linguist Ruqaiya Hasan. The collection offers an insight into the breadth and depth of Hasan's distinctive linguistic approaches and theoretical concerns. The chapters cover areas such as verbal art, context of situation, semantic networks, cohesive harmony, text structure and literacy education, contributed by well-known scholars in the field such as M.A.K. Halliday, Geoffrey Williams, David Butt, Donna Miller, Wendy L. Bowcher, (...) Tom Bartlett and Margaret Berry. The volume contains an interview with Ruqaiya Hasan by David Butt and Jennifer Yameng Liang, and a section in which the contributors describe their connection and/or history with Ruqaiya Hasan and her work. This book is of particular value to scholars and students working in sociolinguistics, literary criticism, stylistics, functional linguistic theories, literacy pedagogy, social semiotics, multimodality and applied linguistics. (shrink)

In this commentary we would like to question (a) Clark and Fischer's characterization of the “social artifact puzzle” – which we consider less puzzling than the authors, and (b) their account of social robots as depictions involving three physical scenes – which to us seems unnecessarily complex. We contrast the authors' model with a more parsimonious account based on attributions.

This paper discusses recent research on humanoid robots and thought experiments addressing the question to what degree such robots could be expected to develop human-like cognition, if rather than being pre-programmed they were made to learn from the interaction with their physical and social environment like human infants. A question of particular interest, from both a semiotic and a cognitive scientific perspective, is whether or not such robots could develop an experiential Umwelt, i.e. could the sign processes they are involved (...) in become intrinsically meaningful to themselves? Arguments for and against the possibility of phenomenal artificial minds of different forms are discussed, and it is concluded that humanoid robotics still has to be considered “weak” rather than “strong AI”, i.e. it deals with models of mind rather than actual minds. (shrink)

John Rawls's influential theory of justice and public reason has often been thought to exclude religion from politics, out of fear of its illiberal and destabilizing potentials. It has therefore been criticized by defenders of religion for marginalizing and alienating the wealth of religious sensibilities, voices, and demands now present in contemporary liberal societies. In this anthology, established scholars of Rawls and the philosophy of religion reexamine and rearticulate the central tenets of Rawls's theory to show they in fact offer (...) sophisticated resources for accommodating and responding to religions in liberal political life. The chapters reassert the subtlety, openness, and flexibility of his sense of liberal "respect" and "consensus," revealing their inclusive implications for religious citizens. They also explore the means he proposes for accommodating nonliberal religions in liberal politics, developing his conception of "public reason" into a novel account of the possibilities for rational engagement between liberal and religious ideas. And they reevaluate Rawls's liberalism from the "transcendent" perspectives of religions themselves, critically considering its normative and political value, as well as its own "religious" character. _Rawls and Religion_ makes a unique and important contribution to contemporary debates over liberalism and its response to the proliferation of religions in contemporary political life. (shrink)

This article uses the current post-truth crisis to level a charge against deflationism. It argues that a post-truth society rejects the normativity of truth, thereby deflating truth, by treating disagreements about, say, scientific facts, as mere disagreements of taste. To have substantive disagreements, the notion of truth at stake must be substantive as well. To ward off the perils of post-truth politics, truth must be taken to be more than what deflationists can account for. If we want our disagreements to (...) amount to more than mere differences of opinion, we should have an inflated notion of truth. The article concludes with putting this claim within the context of conceptual engineering. (shrink)

Debates surrounding the nature of mental disorder have tended to divide into an objectivist camp that takes psychiatric classification to be a value-free scientific matter, and a normativist camp that takes it to be irreducibly values-based. Here we present an overlooked distinction between status and constitution. Questions of the form “What is x?” are ambiguous between status questions (“What gives something the status of an x?”), and constitution questions (“Given that something has the status of an x, what is it (...) made of?”). We elucidate this distinction in detail, and argue that normativism is uniquely well-placed to answer status questions while objectivism provides answers, where they are available, to constitution questions. (shrink)

Generics have historically proven difficult to analyse using the tools of formal semantics. In this paper, I argue that an influential theory of the meaning of generics due to Sarah-Jane Leslie, the Psychological Theory of Generics, is best interpreted not as a theory of their meaning, but as a theory of the psychological heuristics that we use to judge whether or not generics are true. I argue that Leslie’s methodology is not well-suited to producing a theory of the meaning of (...) generics, since it takes speakers’ judgments at face value and ignores the non-semantic factors that might affect these judgments. Leslie’s theory therefore overfits the data of our linguistic intuitions. I present a reconceptualised version of the Psychological Theory of Generics as a theory of how heuristics affect our judgements of the truth values of generics and discuss the application of this reconceptualised theory to some of the puzzles posed by generics, including their apparent content-sensitivity, their inferential asymmetry and their association with stereotyping and prejudice. (shrink)

Are democratic ideals better served by elections or sortition? Is the ideal national legislature one that is elected, chosen by lot, or some combination thereof? To answer these questions properly, it is necessary to perform a careful, balanced, and systematic comparison of the strengths and weaknesses of each. To do so, this article uses foundational democratic values—political equality, popular control, deliberative nature, and competency—as measuring sticks. On the basis of these values a purely elected legislature is compared with a purely (...) sortition one, on the assumption that each has the full decision-making powers normally possessed by national legislatures. This big picture will provide a clearer view of the strengths and weaknesses of the respective systems and their trade-offs, as well as the open questions that remain. (shrink)

This paper discusses different approaches incognitive science and artificial intelligenceresearch from the perspective of radicalconstructivism, addressing especially theirrelation to the biologically based theories ofvon Uexküll, Piaget as well as Maturana andVarela. In particular recent work in New AI and adaptive robotics on situated and embodiedintelligence is examined, and we discuss indetail the role of constructive processes asthe basis of situatedness in both robots andliving organisms.

Individuals with trypophobia have an aversion towards clusters of roughly circular shapes, such as those on a sponge or the bubbles on a cup of coffee. It is unclear why the condition exists, given the harmless nature of typical eliciting stimuli. We suggest that aversion to clusters is an evolutionarily prepared response towards a class of stimuli that resemble cues to the presence of parasites and infectious disease. Trypophobia may be an exaggerated and overgeneralised version of this normally adaptive response. (...) Consistent with this explanation, individuals with trypophobia, as well as comparison individuals, reported aversion towards disease-relevant cluster stimuli, but only the trypophobic group reported aversion towards objectively harmless cluster stimuli that had no relevance to disease. For both groups the level of aversion reported was predicted uniquely by a measure of disgust sensitivity. Scaled emotion ratings and open-ended responses revealed that the aversive response was predominantly based on the disease avoidance emotion, disgust. Many open-ended responses also described skin sensations. These findings support the proposal that individuals with trypophobia primarily perceive cluster stimuli as cues to ectoparasites and skin-transmitted pathogens. (shrink)

According to the virtual self theory, selves are merely virtual entities. On this view, our self-representations do not refer to any concrete object and the self is a merely intentional entity. This contemporary version of the ‘no-self’ theory is driven by a number of psychological and philosophical considerations indicating that our representations of the self are pervasively inaccurate. I present two problems for VST. First, the case for VST fails to rule out a more moderate position according to which the (...) self exists but is systematically misrepresented by us. This position regards the self as a real entity that has illusory appearances, rather than as a hallucinated entity that has a merely intentional existence. Second, I suggest that this ‘illusion model’ of self-misrepresentation is preferable to VST. Advocates of VST must acknowledge the existence of an entity—typically the brain—that is the bearer of our misrepresentations of the self. I argue that, other things being equal, we should regard the bearer of our self-representations as the self, even if that entity diverges dramatically from the way we represent the self to be. So by acknowledging the existence of a bearer of self-representations, advocates of VST are in a poor position to deny the existence of the self. I conclude that VST not only fails to rule out the illusion model, but that we have prima facie reason to prefer the illusion model to VST. (shrink)

Philosophy &Public Affairs, Volume 52, Issue 4, Page 397-429, Fall 2024.

Natural law ethics centres on the idea that ethical norms derive from human nature. The field has seen a remarkable revival since the millennium, with new work in Aristotelian metaphysics complementing innovative applied work in bioethics, economics and political theory. Starting with three chapters on the history of natural law ethics, this volume moves on to various twentieth-century theoretical innovations in the tradition, and then to natural law as embedded in the three Abrahamic faiths. It closes with sections on applied (...) natural law ethics and the challenges and prospects for natural law ethics in the twenty-first century. Uniquely interdisciplinary and written without technical jargon, the book will be of great interest to students and researchers in philosophy, theology, political theory and economics. They will find this the go-to resource for cutting-edge thinking in natural law ethics. (shrink)

This article explores the experiences of employed and unemployed Ontario Basic Income recipients in the Hamilton and Brantford pilot site. Integrating data from surveys and interviews, the self-reported outcomes of both groups are summarized. These outcomes pertain to employment, physical health, mental health, use of health services, food security, housing stability, financial well-being and social activities. The article highlights the difference in the degree of improvements between recipients who were working before and during the pilot versus those who were not (...) employed at both times. Its broad conclusion is that both groups reported significant benefits, but it was recipients who were continuously employed that reported the greatest improvements. This suggests that basic income could be an important policy tool to improve the lives of low-income and precarious workers in Ontario and perhaps elsewhere. (shrink)

Background More than one in 10 of all prisoners in England and Wales are Foreign Nationals. This article discusses whether the research applications to one London prison are aimed at understanding a prisoner population characterised by significant multinational and multilingual complexity. Methods We studied all accessible documents relating to research undertaken at a women's prison between 2005 and 2009 to assess the involvement of Foreign National prisoners and women with limited English. The source of information was prison research applications and (...) protocols. We also looked at available final research reports and journal articles. Results Two key findings emerged from this study. First, studies at this prison frequently excluded Foreign National prisoners and women with limited English. Second, Foreign National prisoners were often clustered as a homogeneous category in the research reports reviewed. This is despite their diverse cultural backgrounds, their variable immigration status and their differing competence in English, all of which affect their lives. Conclusions The failure to include and/or identify social subgroups of the population can undermine the value of research, including, in the case of the study prison, funded health research. This can compromise associated needs assessments and service delivery, particularly important in already disadvantaged populations; this may encourage and/or perpetuate a range of health inequalities. There is a pressing need to examine cultural exclusion in other health and criminal justice settings, to assess the ways in which—and the extent to which—such exclusion may compromise the merit of proposed and completed health and social research. (shrink)

Kriegel’s self-representationalist theory of phenomenal consciousness pursues two projects. The first is to offer a positive account of how conscious experience arises from physical brain processes. The second is to explain why consciousness misleadingly appears to be irreducible to the physical i.e. to ‘demystify’ consciousness. This paper seeks to determine whether SR succeeds on the second project. Kriegel trades on a distinction between the subjective character and qualitative character of conscious states. Subjective character is the property of being a conscious (...) state at all, while qualitative character determines what it is like to be in that state. Kriegel claims that SR explains why subjective character misleadingly appears irreducible, thereby neutralising the apparent irreducibility of consciousness. I argue that although SR credibly demystifies subjective character, it cannot explain why qualitative character also appears irreducible. I conclude that we should pursue the possibility of a hybrid position that combines SR with an account that does explain the apparent irreducibility of qualitative character. (shrink)

an article written with Tom Imbo for the forthcoming Compendium of Quantum Mechanics.

(Deutsch:) Es werden zunächst drei Hinsichten unterschieden, nach denen die in einer Situation offenstehenden Möglichkeiten vorstrukturiert erscheinen: materiell, sozial und subjektiv. Während in materieller Hinsicht Möglichkeiten schlicht vorgegeben sind, werden Möglichkeiten gesellschaftlich als zulässig oder unzulässig skandiert, d.i. hervorgehoben, oder bleiben unskandiert. In subjektiver Hinsicht sind es vor allem die Fähigkeiten des Einzelnen, die diese Möglichkeiten er- oder verschließen. Technisierung erscheint in dieser Perspektive als sichernde Vorstrukturierung von Möglichkeitsräumen, die subjektiv stets mit der Abblendung oder Abschattung bestimmter Sachverhalte und Möglichkeiten, (...) der Erzeugung einer Zone der Latenz, einhergeht. Wie aus emanzipatorischer Perspektive mit dieser Dynamik umzugehen ist, ist Thema des letzten Abschnitts. -/- (English:) At the beginning of the text, I distinguish between three respects in which the options and possibilities within a given situation are prestructured: materially, socially, and subjectively. While certain options and possibilities are simply predetermined by the physical structure of a situation, many options are socially accentuated (skandiert) as admissible or inadmissible, while other options remain unaccented. With respect to the subject, options are primarily made accessible and disclosed through the particular capabilities of the agent. From such a point of view, mechanization (Technisierung) can be described as the safe-guarding prestructuring of spaces of possibility, which is always linked with the fading of certain circumstances and possibilities, the establishment of a domain of latency. How to cope with this dynamic from an emancipatory perspective is the subject of the last section of the paper. (shrink)

Menschen sind häufig nicht ganz bei der Sache. Oft finden wir sie abwesend, nicht ganz da, sich in Tagträume verlierend, in Gedanken schon bei der nächsten Sache; finden sie irgendwie nicht ganz hinein in die Situationen, mit denen sie sich gerade konfrontiert finden. Der Beitrag entwickelt die These, dass die Rede von der "Immersivität" von Erfahrung nicht erst bei technologisch oder ästhetisch mediierten Erlebnissen des Versetztseins in künstliche oder virtuelle "Welten" und Umgebungen am Platz, gewöhnliche menschliche Erfahrung vielmehr ganz grundsätzlich (...) durch eine immersive Dynamik des Hineinfindens in und Hinausgeratens aus Situationen charakterisiert ist: Noch bevor wir uns ein bewusstes Bild konkreter Umstände und Möglichkeiten gemacht haben, finden wir uns gewöhnlich schon in Situationen verortet. Diese zeichnen bestimmte Rhythmen und Richtungen, Valenzen und Tendenzen, Bedeutsamkeiten und Möglichkeiten vor. Der Beitrag skizziert eine Phänomenologie der Immersion, die auch ein tieferes Verständnis technologisch oder ästhetisch mediierter Immersionserfahrungen verspricht. (shrink)

In this paper, I tackle Aquinas’s notion of ‘natural inclinations’, specifically as it occurs in his seminal elaboration of the natural law in Summa Theologiae I-II. Question 94. Article 2. Maintaining that it constitutes a departure from Aristotle’s terminology, and is hence puzzling, I go on to investigate a raft of modern, mainly Anglophone, interpretations of the concept. Beginning with Jacques Maritain, I move through the broadly chronological sequence of John Finnis, Jean Porter, Steven Jensen, Justin Matchulat and Stephen Brock. (...) In each case, I argue that – despite these scholars’ philosophical ingenuity and textual facility – there are crucial problems with their respective approaches and construals. I end the paper by outlining my own construal of ‘natural inclinations’, which, even if not bolstered by heavy textual scholarship, is at least coherent and, moreover, avoids the philosophical pitfalls of the above interpretations. (shrink)

Im Umgang mit dem, was geschieht, lassen sich grundsätzlich zwei Weisen unterscheiden: Einer offenen, irritationsfreudigen Umgangsweise steht eine Erlebensweise gegenüber, die eher dazu neigt, Erlebtes zu vereindeutigen, mit ihm so schnell wie möglich fertig zu werden, es möglichst schnell möglichst abschließend zu begreifen. Während eine Person, die ersterem zuneigt, etwa einen in alltäglicher Konversation geäußerten Satz daraufhin abklopft, welche Über- und Hintersinne noch mit ihm angespielt und ausgesagt sein könnten, ob das, was sie zu hören meinte, auch wirklich das ist, (...) was gemeint war, weiß jemand, der eher letzterem zugeneigt ist, meist recht schnell recht genau, was sie oder er gehört hat, was das wohl zu bedeuten und wie man damit weiter zu verfahren hat. Während erstere dabei Gefahr läuft, die Welt durch Vervieldeutigung unnötig zu verkomplizieren, die Geschmeidigkeit der alltäglichen Gesprächs- und Interaktionsmechanik durch unnötige Rückfragen, Fremd- und Selbstirritationen zum Stocken zu bringen, läuft letztere Gefahr, sich – für sich selbst unbemerkt – in einer verarmten Welt einzurichten, an der viele, von anderen registrierte Phänomene durch vorschnelle Vereindeutigung einfach unregistriert vorbeigleiten. (shrink)

Der Aufsatz untersucht, inwiefern der Sprache in der Phänomenologie die Rolle zukommt, das Individuum deiktisch in den Situationen seiner Existenz zu orientieren, indem sie kategorial auf Gegebenheiten seiner Erfahrung zeigt. Phänomenologisches Philosophieren geht in dieser Hinsicht über das bloße, innertheoretische Geben und Nehmen von Gründen sowie die Absicherung objektiver Wissensbestände (zu denen es gleichfalls nicht in Opposition tritt) hinaus, und zielt dabei evokativ auf orientierende Erkenntniseffekte im Subjekt. Statt als innersprachliche "Deskriptionen" oder Bezeichnungen von Phänomenen fungieren phänomenologische Begriffe und Beschreibungen (...) als verbale Zeigegesten, die dem Individuum im erfolgreichen Fall die bezeigten (und in diesem Sinne "be-deuteten") Phänomene selbst vor Augen führen. (shrink)

Nuffield Council on Bioethics, London * Corresponding author: Nuffield Council on Bioethics, 28 Bedford Square, London WC1B 3JS, UK. Email: hschmidt{at}nuffieldbioethics.org ' + u + '@' + d + ' '//--> Abstract In November 2007, the Nuffield Council on Bioethics published the report Public Health: Ethical Issues . While the report has been welcomed by a wide range of stakeholders, there has also been some criticism. First, it has been suggested that it is not clear why, in developing its ‘stewardship (...) model’, the Council felt the need to go beyond the liberal position developed by John Stuart Mill—what is it that the stewardship model adds? Second, it is suggested that the Report is confused about the concept of paternalism. Third, it is argued that the discussion of the concept of stewardship is lacking in detail and substance. We clarify the Working Party's thinking regarding these three areas, which demonstrates the robustness of the framework set out in the report. CiteULike Connotea Del.icio.us What's this? (shrink)

From Natural Character to Moral Virtue in Aristotle. By Leunissen Mariska.

Since its publication in 1981, Alasdair MacIntyre's After Virtue has made a significant impact throughout the humanities disciplines. This new collection unpacks the influence of After Virtue on ethical and political theory, sociology and theology, and offers a multi-faceted exploration of its significance.

This article contends that the first section of Kant's Groundwork of the Metaphysics of Morals provides a sophisticated and valid argument, and that commentators are therefore mistaken in dismissing this section as flawed. In particular, the article undertakes to show that in this section Kant argues from a conception of the goodness of a good will to two distinctive features of moral goodness, and from these features to his ?formula of universal law?. The article reveals the sophistication and validity of (...) this argument by considering it in the light of a number of criticisms that are commonly levelled at the section. In conclusion, the article proposes that this interpretation of the section also has significant implications for the understanding of Kant's method, his formulas and his basic conception of the ?moral? (shrink)

Beginning with the seminal work by Williams and Nagel, moral philosophers have used auto accident hypotheticals to illustrate the phenomenon of moral luck. Moral luck is present in the hypotheticals because two equally careless drivers are assessed differently because only one of them caused an accident. This Article considers whether these philosophical discussions might contribute to the public policy debate over compensation for auto accidents. Using liability and insurance practices in the United States as an illustrative example, the Article explains (...) that auto liability insurance substantially mitigates moral luck and argues that, as a result, the moral luck literature is unlikely to make a significant contribution to this public policy debate. The debate would benefit more from philosophical analysis of victims’ luck, which is not as substantially mitigated by liability insurance. (shrink)

X chromosome centromeric drive may explain the prevalence of polycystic ovary syndrome and contribute to oocyte aneuploidy, menopause, and other conditions. The mammalian X chromosome may be vulnerable to meiotic drive because of X inactivation in the female germline. The human X pericentromeric region contains genes potentially involved in meiotic mechanisms, including multiple SPIN1 and ZXDC paralogs. This is consistent with a multigenic drive system comprising differential modification of the active and inactive X chromosome centromeres in female primordial germ cells (...) and preferential segregation of the previously inactivated X chromosome centromere to the polar body at meiosis I. The drive mechanism may explain differences in X chromosome regulation in the female germlines of the human and mouse and, based on the functions encoded by the genes in the region, the transmission of X pericentromeric genetic or epigenetic variants to progeny could contribute to preeclampsia, autism, and differences in sexual differentiation. (shrink)

An interrogation of Plato's entire work using the concepts and categories of Alain Badiou. This is the first book to critically address and draw consequences from Badiou's claim that his work is a 'Platonism of the multiple' and that philosophy today requires a 'platonic gesture'. Examining the relationship between Badiou and Plato, Bartlett radically transforms our perception of Plato's philosophy and rethinks the central philosophical question: 'what is education?'.

A consideration of the benefits of taking physicalism to be necessarily true if true, against the standard view that physicalism is at best contingently true. Presented at the 2006 Central Division meeting of the APA, in the session Themes from Jaegwon Kim, sponsored by the Society for Asian and Asian-American Philosophy.

Current theories of emotions and emotional machines often assume too homogeneous a conception of what emotions are in terms of whether they are experienced as one's own emotions (“internal” emotions) or whether they are perceived as the emotions of other agents (“external” emotions). In contrast, this paper argues, first, that an answer to the question of whether machines can possess emotions requires such a distinction—the distinction between internal emotions-had and external emotions-perceived. Second, it argues that the emotions we perceive in (...) other agents can be explicated as indicators of likely imminent paths or patterns of behavior of those agents. As will be shown, perceiving emotions in others does not necessarily involve the ontological attribution of corresponding emotions-had to the subject which is perceived as exhibiting a particular emotion-perceived. Thus, it will be shown that we can, for example, perceive an agent as angry without (ontologically) attributing anger (as an emotion-had) to that agent. If we apply this reasoning to emotional robots, it follows that there is no deception involved in perceiving a robot as exhibiting a particular emotion, as long as its behavior realizes and continues to realize the behavioral form of that external emotion-perceived. Thus, a robot’s behavior can fully instantiate emotions-perceived. In order to elaborate these claims, the presented view will be contrasted with Gibson’s conception of “affordances.” The final section discusses whether these considerations might have broader implications for our view of human perception in general. (shrink)

Ryan, Tom The year 2012 was characterized by extensive re-appraisal, nationally and internationally, of the Second Vatican Council occasioned by the fiftieth anniversary of its opening in 1962. One aspect discussed by Ann N.C. Nolan is the language of the Council documents. In her investigation of John O'Malley SJ's work, she points out how he detects in them a clear shift from the scholastic and logical style to a literary and rhetorical mode aimed at persuasion and a deepening of conviction. (...) O'Malley claims the Vatican II documents' mode of discourse is 'epideictic' in character and it follows 'one of the literary forms of antiquity, the panegyric.'. (shrink)

Modern constitutional rights law is often criticised for delineating rights too broadly while resolving their regular conflicts with competing considerations through open-ended balancing procedures. A basic theme underlying criticisms of this expansionist trend is that it expresses utilitarian ideas, foreign to the domain of rights. This article replies to two main critiques: that rights can only extend to cases in which they defeat all competing considerations; and that conflicts involving rights should be resolved with categorial rules. The article builds on (...) contractualist moral theory and the interest theory of rights to present an account of constitutional rights as relational value-based reasons to recognise duties. This account goes beyond central justifications of the expansionist trend, that erode the action-guiding and relational aspects of constitutional rights. It shows that including in their scopes defeasible reasons is not only conceptually possible but also morally desirable as it can better realise their underlying values by providing systematic guidance to state agents as part of the basic structure of society; and that while rights-based duties are peremptory and categorical, constitutional rights-based reasons for regulation invite a dynamic and incremental comparison of claims on a social scale, of the kind that proportionality analysis structures. (shrink)