Since Hegel's analysis of weltanschauung the concept of 'worldview' has received a variety of implementations relating to a shared and encompassing cultural comprehension of and by a community in a given period and society. Worldviews can best be described as the various ways in which people imagine or represent their (social) existence, how they fit together with others, how things in the world go on. They are (meta)physical systems of dispositions that function as principles that generate and organize representations and (...) practices. Implicitly and explicitly, worldviews give meaning to our everyday relation with the world and the other. With regards to people's most important beliefs and faiths, worldviews enter the domain of lifestances: what really drives people, what grounds their being and what is the main-spring of their attack in life? From a religious and ideological point of view, such questions can be answered rather unambiguously and straightforwardly. However, due to (post)modern evolutions in science and its accompanying secularization of society, the foundation and legitimation of such grand narratives are increasingly and extensively discredited. Furthermore, the expanding globalization of the world entails a far-reaching diversification of and confrontation between various belief systems. Indeed, if anything, contemporary society can no longer claim an exclusive and univocal kosmotheoros, a single theory about the world. This alleged decline of general and common frames of reference for the guidance of our daily actions seems a non sequitur however: while from a philosophical and scholarly stance, the use of a world-picture or a worldview as the absolute foundation of everyday praxis is discredited, in global socio-cultural contexts these frames of reference easily gather power for groups with ideological inspiration (religious, political, ...). In a global setting, due to an increasing globalized interconnectedness and its unprecedented degree of people with different religious and lifestance backgrounds, the tangibility of this strange non sequitur is evermore present: the idea that the finite reach of such worldviews and lifestances is sociologically and philosophically acknowledged contrasts strongly with the way in which these frames of reference all too easily seem to gather terrific power in local contexts. Every day our world witnesses the further rise of religious, political and economic radicalism, unfortunately often with dramatic scenes and results. A 'clash of civilizations' seems to be practically on our doorstep. (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)

The key role that animals play in our aesthetic appreciation of the natural world has only gradually been highlighted in discussions in environmental aesthetics. In this article I make use of the phenomenological notion of ‘perceptual sense’ as developed by Merleau-Ponty to argue that open-ended expressive-responsive movement is the primary aesthetic ground for our appreciation of animals. It is through their movement that the array of qualities we admire in animals are manifest qua animal qualities. Against functionalist and formalist accounts, (...) I defend and develop an account of expressive-responsive movement as the primary perceptual sense of animals. I go on to suggest that the primacy of movement in the aesthetic appreciation of animals is also the primary sense of animal ‘wildness’, and that a key part of the rewilding paradigm should be the development of such appreciation. (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)

As incoming Editor and Deputy Editor we describe our impression of the current situation that those committed to understanding and upholding environmental values find themselves in. We consider some of the factors that make enviornmental concern difficult to maintain, including conditions that affect us as academics, publishers, global citizens and activists. We describe some of the emerging trends that have appeared in Environmental Values in recent years, in philosophy, ecological economics, critical social science and widening interdisciplinarity in the environmental humanities. (...) We highlight the journal's commitment to engaged, plural and open investigation of environmental values and consider what we might expect and hope for in the coming years. (shrink)

The construct of flexibility has been a focus for research and theory for over 100 years. However, flexibility has not been consistently or adequately defined, leading to obstacles in the interpretation of past research and progress toward enhanced theory. We present a model of socioemotional flexibility—and its counterpart rigidity—at three time scales using dynamic systems modeling. At the real-time scale (micro), moment-to-moment fluctuations in affect are identified as dynamic flexibility. At the next higher meso-time scale, adaptive adjustments to changes in (...) context are characterized as reactive flexibility. At the macro scale is flexibility that occurs across months or years, reflecting flexibility due to developmental or life transitions. Implications of the model and suggestions for future research are discussed. (shrink)

(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)

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)

[R]eflection is a system of thought no less closed than insanity, with this difference that it understands itself and the madman too, whereas the madman does not understand it.– Merleau-Ponty, Phen...

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)

A discussion of the connection between activism and academia in bioethics, highlighting the author’s own trajectory, exploring the extent to which academics have an obliation to be ‘judges’ rather than ‘barristers’ (as explored by Jonathan Haidt) and asking questions about the relationship of disability to positions in bioethics.

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)

Early voting behavior research confronted liberal democratic theory with the average American citizen's meager ability to think politically. Since then, several lines of analysis have tried to vindicate the mass electorate. Most recently, some researchers have attempted to reconceptualize the political reasoning process by viewing it in the aggregate, while others describe individuals as effective—albeit inarticulate—employers of cognitive shortcuts. While mass publics may, in these ways, be described as “rational,” they still fail to meet the basic requirements of democratic theory.

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)

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)

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)

Despite the growing influence of constitutional rights over the regulation of horizontal (private) relations, many aspects of this trend remain under-theorized. This article criticizes four ideal-typical constitutional horizontality models for failing to accommodate moral reasons that must shape this regulatory practice: the state action model ignores basic consequentialist aspects of political morality; the direct application model ignores basic relational aspects of interpersonal morality; the strong indirect model recognizes both but subordinates the latter to the former; and the partitioned indirect model (...) recognizes both but separates them too strongly. This article claims that a composite indirect model, which reflects basic features of the common law, can better realize constitutional rights through private law in conditions of moral pluralism: it can expose private law to constitutional rights-based and reform-oriented scrutiny without ignoring, eroding, or distorting the unique normativity of private relations and practices or their underlying values. (shrink)

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)

The internet presents not just opportunities but also risks that range, to name a few, from online abuse and misinformation to the polarisation of public debate. Given the increasingly digital nature of our societies, these risks make it essential for users to learn how to wisely use digital technologies as part of a more holistic approach to promoting human flourishing. However, insofar as they are exacerbated by both the affordances and the political economy of the internet, this article argues that (...) a new understanding of wisdom that is germane to the digital age is needed. As a result, we propose a framework for conceptualising what we call cyber-wisdom, and how this can be cultivated via formal education, in ways that are grounded in neo-Aristotelian virtue ethics and that build on three prominent existing models of wisdom. The framework, according to which cyber-wisdom is crucial to navigating online risks and opportunities through the deployment of character virtues necessary for flourishing online, suggests that cyber-wisdom consists of four components: cyber-wisdom literacy, cyber-wisdom reasoning, cyber-wisdom self-reflection, cyber-wisdom motivation. Unlike the models on which it builds, the framework accounts for the specificity of the digital age and is both conceptual and practical. On the one hand, each component has conceptual implications for what it means to be wise in the digital age. On the other hand, informed by character education literature and practice, it has practical implications for how to cultivate cyber-wisdom in the classroom through teaching methods that match its different components. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Mettle of Moral Fundamentalism: A Reply to Robert Baker*Tom L. Beauchamp (bio)AbstractThis article is a reply to Robert Baker’s attempt to rebut moral fundamentalism, while grounding international bioethics in a form of contractarianism. Baker is mistaken in several of his interpretations of the alleged moral fundamentalism and findings of the Advisory Committee on Human Radiation Experiments. He also misunderstands moral fundamentalism generally and wrongly categorizes it as morally (...) bankrupt. His negotiated contract model is, in the final analysis, itself a form of the moral fundamentalism he declares bankrupt.Robert baker’s imaginative and incisive articles on international bioethics (Baker 1998a & b) are rich in history and philosophy, but they are as profoundly misguided as they are misdirected. In this comment, I will concentrate both on a pivotal interpretation and criticism that he offers of the Report of the Advisory Committee on Human Radiation Experiments (ACHRE 1996) and on his philosophical thesis that a moral fundamentalism of principles and rights is bankrupt. Baker seriously misinterprets the ACHRE report, distorts and fails to refute moral fundamentalism, and ultimately embraces a form of the very fundamentalism that he declares bankrupt. These three topics are connected in that Baker’s misconceptions of the ACHRE report launch his critique of moral fundamentalism and his mistaken understanding of moral fundamentalism drives his critique of the ACHRE report. 1 [End Page 389]Some Misunderstandings of the Human Radiation CommitteeBaker proclaims a conflict between ACHRE’s moral fundamentalism and multiculturalism. He presents this conflict as primarily a factual issue regarding whether different cultures and eras accept different moral principles—“the difference claim,” in his vernacular (Baker 1998a, pp. 208–9). This interpretation eventuates in a critique of the work of both ACHRE and Ruth Macklin:[W]hen Macklin and the Radiation Committee consider the challenge of multiculturalism, they construe this challenge, not as dispute about anthropological fact, but as a dispute about philosophical theory. More specifically, they treat any assertion of the difference claim as a form of “ethical relativism.”... They thus respond to the multiculturalist’s factual observations—even to factual observations by anthropologists—as if they were philosophical analyses.(Baker 1998a, p. 209)Baker thinks that a factual question has been fallaciously transformed into a philosophical one. However, this false dilemma is a figment of his fancy. He provides no citation to ACHRE to show that it holds this view, and for an understandable reason: This position is neither stated nor presumed in the Report. ACHRE is quite clear that relativism involves both an anthropological (I would prefer to say historical) dispute about fact and a philosophical dispute about value—and that they are not the same.The Committee and its staff proceeded as follows: They first collected a large body of historical documents and facts about the practices, policies, and values that prevailed during the period they were studying. Chapters 1 through 3 and 5 through 13, 12 of the Report’s 18 chapters, display the results of this empirical work. The Committee concluded, on this basis, that research investigators and government officials were aware of the obligations generated by universal principles. The ACHRE report specifically lists six “basic” moral principles and maintains that these principles were pervasively recognized at the time of the radiation experiments (ACHRE 1996, pp. 114ff, 124). ACHRE received testimony, conducted interviews, and compiled documents that indicated how deeply these principles were woven into the fabric of American culture at the time, so deeply that no responsible research investigator could have been unaware of them. ACHRE did not move beyond its list of six principles to a broader thesis about the (factual) universality of other principles and did not examine other cultures or periods of history; such work would [End Page 390] have exceeded ACHRE’s mandate and would have done more to obscure than to further its arguments.ACHRE also found that some government officials had attempted to hide their wrongdoing—a clear indication that these officials were aware of the relevant moral principles and knew that they should not have been treating persons as they did (ACHRE 1996, pp. 152–53; Chapman 1946). These factual findings were not armchair philosophy or empirical guesswork... (shrink)

Kantian legalism is now the dominant scholarly interpretation of Kant and an important approach to legal and political philosophy in its own right. One notable feature is its construal of the relationship between law and politics decisively in law’s favour: Law subordinates politics. Political judgment is constrained by and only permissibly exercised through law. This paper opposes this subordination through a close analysis of an ambiguity in Kant’s conception of sovereignty. Understanding this ambiguity requires seeing that, for Kant, law cannot (...) subordinate the sovereign’s political judgment because it is a condition which makes a legal system possible. Kant was not an exacting legalist, but a practical reasoner struggling with the pressures politics imposes on finite beings. Through discussion of a leading contemporary approach, and close engagement with its historical source, the paper raises new considerations about the relevance of political judgment in the relationship of law and politics. (shrink)

Distinguishing between the source and the locus of value enables environmental philosophers to consider not only what is of value, but also to try to develop a conception of valuation that is itself ecological. Such a conception must address difficulties caused by the original locational metaphors in which the distinction is framed. This is done by reassessing two frequently employed models of valuation, perception and desire, and going on to show that a more adequate ecological understanding of valuation emerges when (...) these models are fully contextualized in the intersecting life worlds of the ecological community. Ecological evaluation takes place in ongoing encounters between these worlds and a crucial part in this process is assigned to living beings that are “open-endedly open,” that is, open not only to what the world affords them and others, but open to an indefinite field of possible valuational encounters between all kinds of beings. Ecological valuation overcomes some of the conceptual failings of contemporary attempts to evaluate nature: “The Economics of Ecology and Biodiversity” and “Valuing Nature.”. (shrink)