Academic excellence and intelligence are commonly lauded as commendable attributes synonymous with success. However, a disconcerting trend has surfaced within educational institutions, challenging the prevailing narrative of scholastic accomplishment—smart shaming. This research delves into the increasing concern of smart shaming within educational settings, particularly at Immaculate Conception College of Balayan, Inc., questioning the predominant emphasis on academic excellence and intelligence. A qualitative case study design, along with judgmental sampling, was employed to examine fifteen (15) student leaders who had experienced smart (...) shaming on campus. Thematic analysis revealed that sarcastic remarks including "edi wow," "Okay ikaw na matalino," "bidabida," and "sipsip" were a prevalent manifestation of smart shaming, adversely affecting emotional well-being, academic and leadership prowess, mental health, and self-perception. Coping mechanisms, predominantly centered around ignoring and focusing on goals, were identified. The findings underscore the imperative for educators to remain vigilant regarding instances of smart shaming in classrooms, promoting open communication to ensure student well-being. Additionally, guidance counselors play a pivotal role in aiding students in effectively navigating the repercussions of smart shaming. This study advocates for proactive programs and interventions to address and alleviate the deleterious effects of smart shaming on students. (shrink)

The paper offers a solution to the generality problem for a reliabilist epistemology, by developing an “algorithm and parameters” scheme for type-individuating cognitive processes. Algorithms are detailed procedures for mapping inputs to outputs. Parameters are psychological variables that systematically affect processing. The relevant process type for a given token is given by the complete algorithmic characterization of the token, along with the values of all the causally relevant parameters. The typing that results is far removed from the typings of folk (...) psychology, and from much of the epistemology literature. But it is principled and empirically grounded, and shows good prospects for yielding the desired epistemological verdicts. The paper articulates and elaborates the theory, drawing out some of its consequences. Toward the end, the fleshed-out theory is applied to two important case studies: hallucination and cognitive penetration of perception. (shrink)

I focus on three mereological principles: the Extensionality of Parthood (EP), the Uniqueness of Composition (UC), and the Extensionality of Composition (EC). These principles are not equivalent. Nonetheless, they are closely related (and often equated) as they all reflect the basic nominalistic dictum, No difference without a difference maker. And each one of them—individually or collectively—has been challenged on philosophical grounds. In the first part I argue that such challenges do not quite threaten EP insofar as they are either self-defeating (...) or unsupported. In the second part I argue that they hardly undermine the tenability of EC and UC as well. (shrink)

Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered a (...) variety of algorithms in attempts to satisfy subsets of these parities or to trade o the degree to which they are satised against utility. In this paper, we connect this approach to fair machine learning to the literature on ideal and non-ideal methodological approaches in political philosophy. The ideal approach requires positing the principles according to which a just world would operate. In the most straightforward application of ideal theory, one supports a proposed policy by arguing that it closes a discrepancy between the real and the perfectly just world. However, by failing to account for the mechanisms by which our non-ideal world arose, the responsibilities of various decision-makers, and the impacts of proposed policies, naive applications of ideal thinking can lead to misguided interventions. In this paper, we demonstrate a connection between the fair machine learning literature and the ideal approach in political philosophy, and argue that the increasingly apparent shortcomings of proposed fair machine learning algorithms reflect broader troubles faced by the ideal approach. We conclude with a critical discussion of the harms of misguided solutions, a reinterpretation of impossibility results, and directions for future research. (shrink)

There is a widespread belief that for their own safety and for the protection of wildlife, cats should be permanently kept indoors. Against this view, I argue that cat guardians have a duty to provide their feline companions with outdoor access. The argument is based on a sophisticated hedonistic account of animal well-being that acknowledges that the performance of species-normal ethological behavior is especially pleasurable. Territorial behavior, which requires outdoor access, is a feline-normal ethological behavior, so when a cat is (...) permanently confined to the indoors, her ability to flourish is impaired. Since cat guardians have a duty not to impair the well-being of their cats, the impairment of cat flourishing via confinement signifies a moral failing. Although some cats assume significant risks and sometimes kill wild animals when roaming outdoors, these important considerations do not imply that all cats should be deprived of the opportunity to access the outdoors. Indeed, they do not, by themselves, imply that any cat should be permanently kept indoors. (shrink)

Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, Leuridan (...) misconstrues this discussion. His weak positive claim that mechanistic sciences appeal to generalizations is true but uninteresting. His stronger claim, that all causal claims require laws, is unsupported by his arguments. Though we proceed by criticizing Leuridan’s arguments, our greater purpose is to embellish his arguments in order to show how thinking about mechanisms enriches and transforms old philosophical debates about laws in biology and provides new insights into how generalizations afford prediction, explanation and control. (shrink)

Cognitive penetration of perception is the idea that what we see is influenced by such states as beliefs, expectations, and so on. A perceptual belief that results from cognitive penetration may be less justified than a nonpenetrated one. Inferentialism is a kind of internalist view that tries to account for this by claiming that some experiences are epistemically evaluable, on the basis of why the perceiver has that experience, and the familiar canons of good inference provide the appropriate standards by (...) which experiences are evaluated. I examine recent defenses of inferentialism by Susanna Siegel, Peter Markie, and Matthew McGrath and argue that the prospects for inferentialism are dim. (shrink)

I argue that Universalism (the thesis that mereological composition is unrestricted) entails Extensionalism (the thesis that sameness of composition is sufficient for identity) as long as the parthood relation is transitive and satisfies the Weak Supplementation principle (to the effect that whenever a thing has a proper part, it has another part disjoint from the first).

The two purposes of this essay. The general philosophical problem with most versions of social libertarianism and how this essay will proceed. The specific problem with liberty explained by a thought-experiment. The positive and abstract theory of interpersonal liberty-in-itself as ‘the absence of interpersonal initiated constraints on want-satisfaction’, for short ‘no initiated impositions’. The individualistic liberty-maximisation theory solves the problems of clashes, defences, and rectifications without entailing interpersonal utility comparisons or libertarian consequentialism. The practical implications of instantiating liberty: three rules (...) of liberty-in-practice, 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, 3) consensual interpersonal interactions and resource transfers. These rules are economically efficient and maximise general want-satisfaction. Private property and legal remedies are additional practical institutional aspects, but to which ‘initiated impositions’ then apply prima facie. Libertarian law is often mistaken for complete libertarianism. Moral explanations are a separate issue. The three main moral theories imply libertarianism, but it can be morally posited independently of them. Critical rationalism and its application. No empirical or argumentative support for theories. An important ambiguity with ‘justification’. How the epistemology applies to the theory of liberty and its application but remains separable in principle. Conclusion: there are further published explanations but this should be enough to generate useful criticism. Appendix replying to some typical comments. (shrink)

Does the content of a physically dangerous job affect the moral permissibility of hiring for that job? To what extent may employers consider costs in choosing workplace safety measures? Drawing on Kantian ethical theory, this article defends two strong ethical standards of workplace safety. First, the content of a hazardous job does indeed affect the moral permissibility of offering it. Unless employees need hazard pay to meet basic needs, it is permissible to offer a dangerous job only if prospective employees (...) have a reason other than hazard pay to choose this job instead of safer alternatives. Second, employers typically cannot justify omitting expensive safety measures by paying employees more, even if employees prefer higher pay to greater safety. Employers offering dangerous jobs must meet these two standards to avoid treating their employees merely as means. (shrink)

The standard treatment of conditional probability leaves conditional probability undefined when the conditioning proposition has zero probability. Nonetheless, some find the option of extending the scope of conditional probability to include zero-probability conditions attractive or even compelling. This article reviews some of the pitfalls associated with this move, and concludes that, for the most part, probabilities conditional on zero-probability propositions are more trouble than they are worth.

Literature in epistemology tends to suppose that there are three main types of understanding – propositional, atomistic, and objectual. By showing that all apparent instances of propositional understanding can be more plausibly explained as featuring one of several other epistemic states, this paper argues that talk of propositional understanding is unhelpful and misleading. The upshot is that epistemologists can do without the notion of propositional understanding.

Much of the intuitive appeal of evidentialism results from conflating two importantly different conceptions of evidence. This is most clear in the case of perceptual justification, where experience is able to provide evidence in one sense of the term, although not in the sense that the evidentialist requires. I argue this, in part, by relying on a reading of the Sellarsian dilemma that differs from the version standardly encountered in contemporary epistemology, one that is aimed initially at the epistemology of (...) introspection but which generalizes to theories of perceptual justification as well. (shrink)

1 Context The idea for the current issue of _Philosophia Scientiæ_ emerged from discussions which took place in the Manchester Ethnomethodology Reading Group. This reading group has its origins in Wes Sharrock’s weekly discussion groups, which have taken place in Manchester (UK) since the early 1970s. As the global Covid-19 pandemic hit in early 2020, the reading group moved online, facilitated by Phil Hutchinson and Alex Holder. Being an online reading group opened up participation to people beyond Northwest UK and (...) within weeks the group became global, with the membership including participants logging on from Canada, Czech Republic, Finland, France, Germany, Greece, Hong Kong, Japan, Macau, New Zealand, Spain, Sweden, and the USA. While the name of the group might indicate an exclusive focus on ethnomethodology, following the naming conventions for academic discussion groups, the name really fails to indicate both the heterogeneity of the group’s reading materials, the interests of t... (shrink)

To what extent are cognitive capacities, especially perceptual capacities, informationally encapsulated and to what extent are they cognitively penetrable? And why does this matter? Two reasons we care about encapsulation/penetrability are: (a) encapsulation is sometimes held to be definitional of modularity, and (b) penetrability has epistemological implications independent of modularity. I argue that modularity does not require encapsulation; that modularity may have epistemological implications independently of encapsulation; and that the epistemological implications of the cognitive penetrability of perception are messier than (...) is sometimes thought. (shrink)

Human cognitive acts are directed towards objects extended in space of a wide range of different types. What follows is a new proposal for bringing order into this typological clutter. The theory of spatially extended objects should make room not only for the objects of physics but also for objects at higher levels, including the objects of geography and of related disciplines. It should leave room for different types of boundaries, including both the bona fide boundaries which we find in (...) the physical world and the fiat (or human-demarcation-induced) boundaries with which much of geography has to deal. Two distinct axiomatic theories of boundaries are accordingly presented, and the need for both is examined in some detail. The resultant dual framework is shown to have application above all for our understanding of issues involving contact, division, and separation, issues which have posed serious difficulties for the ontological theories of boundaries that have been proposed hitherto. (shrink)

Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.

Healthcare systems across the globe are struggling with increasing costs and worsening outcomes. This presents those responsible for overseeing healthcare with a challenge. Increasingly, policymakers, politicians, clinical entrepreneurs and computer and data scientists argue that a key part of the solution will be ‘Artificial Intelligence’ (AI) – particularly Machine Learning (ML). This argument stems not from the belief that all healthcare needs will soon be taken care of by “robot doctors.” Instead, it is an argument that rests on the classic (...) counterfactual definition of AI as an umbrella term for a range of techniques that can be used to make machines complete tasks in a way that would be considered intelligent were they to be completed by a human. Automation of this nature could offer great opportunities for the improvement of healthcare services and ultimately patients’ health by significantly improving human clinical capabilities in diagnosis, drug discovery, epidemiology, personalised medicine, and operational efficiency. However, if these AI solutions are to be embedded in clinical practice, then at least three issues need to be considered: the technical possibilities and limitations; the ethical, regulatory and legal framework; and the governance framework. In this article, we report on the results of a systematic analysis designed to provide a clear overview of the second of these elements: the ethical, regulatory and legal framework. We find that ethical issues arise at six levels of abstraction (individual, interpersonal, group, institutional, sectoral, and societal) and can be categorised as epistemic, normative, or overarching. We conclude by stressing how important it is that the ethical challenges raised by implementing AI in healthcare settings are tackled proactively rather than reactively and map the key considerations for policymakers to each of the ethical concerns highlighted. (shrink)

Assuming that events form a genuine ontological category, shall we say that a good inventory of the world ought to include “negative” events—failures, omissions, things that didn’t happen—along with positive ones? I argue that we shouldn’t. Talk of non-occurring events is like talk of non-existing objects and should not be taken at face value. We often speak as though there were such things, but deep down we want our words to be interpreted in such a way as to avoid serious (...) ontological commitment. (shrink)

On the face of it, Maurice Merleau-Ponty’s views bear a strong resemblance to contemporary disjunctivist theories of perception, especially John McDowell’s epistemological disjunctivism. Like McDowell (and other disjunctivists), Merleau-Ponty seems to be a direct realist about perception and holds that veridical and illusory perceptions are distinct. This paper furthers this comparison. Furthermore, it is argued that elements of Merleau-Ponty’s thought provide a stronger case for McDowell’s kind of epistemological view than McDowell himself provides. Merleau-Ponty’s early thought can be used to (...) develop a unique version of epistemological disjunctivism that is worth consideration alongside contemporary views on perceptual knowledge. (shrink)

A plausible thought about vagueness is that it involves semantic incompleteness. To say that a predicate is vague is to say (at the very least) that its extension is incompletely specified. Where there is incomplete specification of extension there is indeterminacy, an indeterminacy between various ways in which the specification of the predicate might be completed or sharpened. In this paper we show that this idea is bound to founder by presenting an argument to the effect that there are vague (...) predicates which cannot be sharpened in such a way as to meet certain basic constraints (of penumbral connection and public accessibility) that must be imposed on the very notion of a sharpening. (shrink)

Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.

When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...) play a direct role in defining rights to use physical or financial resources free from substantial interference. Businesspeople must obey these laws even at the cost of allowing their businesses to fail and even when the acts proscribed are mala prohibita. This argument for obeying the law in competitive contexts has limited scope. Considerations of fairness or self-preservation may justify violating laws of other types under competitive pressure. (shrink)

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

When consumers choose to abstain from purchasing meat, they face some uncertainty about whether their decisions will have an impact on the number of animals raised and killed. Consequentialists have argued that this uncertainty should not dissuade consumers from a vegetarian diet because the “expected” impact, or average impact, will be predictable. Recently, however, critics have argued that the expected marginal impact of a consumer change is likely to be much smaller or more radically unpredictable than previously thought. This objection (...) to the consequentialist case for vegetarianism is known as the “causal inefficacy” (or “causal impotence”) objection. In this paper, we argue that the inefficacy objection fails. First, we summarize the contours of the objection and the standard “expected impact” response to it. Second, we examine and rebut two contemporary attempts (by Mark Budolfson and Ted Warfield) to defeat the expected impact reply through alleged demonstrations of the inefficacy of abstaining from meat consumption. Third, we argue that there are good reasons to believe that single individual consumers—not just individual consumers taken as an aggregate—really do make a positive difference when they choose to abstain from meat consumption. Our case rests on three economic observations: (i) animal producers operate in a highly competitive environment, (ii) complex supply chains efficiently communicate some information about product demand, and (iii) consumers of plant-based meat alternatives have positive consumption spillover effects on other consumers. (shrink)

In previous work, I introduced a complete axiomatization of classical non-tautologies based essentially on Łukasiewicz’s rejection method. The present paper provides a new, Hilbert-type axiomatization (along with related systems to axiomatize classical contradictions, non-contradictions, contingencies and non-contingencies respectively). This new system is mathematically less elegant, but the format of the inferential rules and the structure of the completeness proof possess some intrinsic interest and suggests instructive comparisons with the logic of tautologies.

One of the central controversies in normative business ethics is the question whether transactions and economic relationships can be wrongfully exploitative despite being mutually beneficial and consensual. This article argues that anyone who accepts a shareholder theory of business ethics should accept deontological constraints on mutually beneficial, consensual exploitation.

Many ethicists maintain that medical research on human subjects that presents no prospect of direct medical benefit must have a prospect of social benefit to be ethical. Payment is not the sort of benefit that justifies exposing subjects to risk. Alan Wertheimer has raised a serious challenge to this view, pointing out that in industry, social value is not considered necessary to make dangerous jobs ethical. This article argues that Wertheimer was correct to think that the ethics of hazard pay (...) should be the same in medical research and in business. Nevertheless, a qualified social benefit requirement should apply in both fields. For a study or a job with significant net physical risk to be ethical, it must have social value beyond the satisfaction of ordinary preferences, including the preference for money. The requirement derives from a non-absolutist version of the doctrine of double effect. If a risky study or a dangerous job has no distinctive social value, and hazard pay is subjects' or workers’ only reason to undergo risks, the very fact that they undergo risk is intended as a means to a financial end. Inviting people to enrol in such a study or to take such a job wrongfully treats people as mere means. By contrast, if a study or a job has social value, people can participate with a primary end other than money, even if they accept compensation. Researchers or employers do not intend but merely foresee risks to subjects or workers. (shrink)

Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...) to medical treatments that significantly prolong life, relieve suffering, or cure or mitigate disabilities. Government should ensure this even if doing so involves leveling down and even if it is unclear whether egalitarian provision of necessary treatment would provide better care to the poor than a less egalitarian health care system would. (shrink)

Though most children can easily answer the question, "Who's your daddy?", the concept of paternity is complex and multifaceted. Courts have stumbled in answering it. In order to ground paternal rights and obligations in a satisfactory way, we need to disaggregate the various elements of stereotypical paternity. It is not sufficient merely to separate social from biological paternity. The latter concept, itself, is complex. We need to separate the procreative element of paternity from the genetic relationship.

Marino & Merskin’s review shows that sheep are intelligent and highly social but their methodology has some shortcomings. I describe five problems with reviewing only the academic and scientific literature and suggest how one might provide an even more compelling case for the complexity of sheep minds.

Many scholars believe that it is procedurally undemocratic for the judiciary to have an active role in shaping the law. These scholars believe either that such practices as judicial review and creative statutory interpretation are unjustified, or that they are justified only because they improve the law substantively. This Article argues instead that the judiciary can play an important procedurally democratic role in the development of the law. Majority rule by legislatures is not the only defining feature of democracy; rather, (...) a government is democratic to the extent to which it provides egalitarian forms of political participation. One such form of participation can be the opportunity to influence the law through the courts, either directly by participating in a case or indirectly by advocating litigation. Arguing from several examples, this Article shows that judicial decision-making allows different voices to be heard that may not necessarily have influence or power in majoritarian legislative structures or popular initiatives. Giving citizens the opportunity to change, to preserve, and to obtain authoritative clarification of the law through the courts can thus make a government procedurally more democratic. (shrink)

A review of a 2010 translation of the inaugural address of Dr Jaap Klapwijk as professor of Philosophy at the Vrije Universiteit, Amsterdam in 1976.

This article encourages a reconsideration of Christian sociology. It explains how deism makes a decisive impact in the theoretical foundations of the discipline. Dutch neocalvinistic philosophy in its North American immigrant setting after World War II issued a challenge which drew attention to the dogmas of deism implicit in sociology, but this challenge has not been met. Christian sociology, however, still retains its God-given vocation to find ways to encourage people everywhere to positively form complex differentiated social settings in the (...) Spirit of the Suffering and Glorified Messiah. (shrink)

This is the Guest Editor's Introduction to a volume of Philosophia Reformata that considers Jaap Klapwijk's book in which he seeks to discuss evolutionary biology in relation to Christian philosophy.

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Suppose we get a chance to ask an angel a question of our choice. What should we ask to make the most of our unique opportunity? Ned Markosian has shown that the task is trickier than it might seem. Ted Sider has suggested playing safe and asking: What is the true proposition (or one of the true propositions) that would be most beneficial for us to be told? Let's see whether we can do any better than that.

Judith Butler’s influential work in feminist theory is significant for its insight that sexist discourse in popular culture affects the agency and consciousness of individuals, but offers an inadequate account of how such discourse might be said to touch, shape, or affect selves. Supplementing Butler’s account of signification with a Deweyan pragmatic account of meaning-making and selective emphasis enables a consistent account of the relationship between discourse and subjectivity with a robust conception of the bodily organism. An analysis of the (...) popular discourse surrounding Hillary Clinton in the 2008 Presidential campaign demonstrates why this hybrid pragmatic/poststructuralist account is necessary. (shrink)

In this paper we address the issue of grounding for experiential concepts. Given that perceptual demonstratives are a basic form of such concepts, we examine ways of fixing the referents of such demonstratives. To avoid ‘encodingism’, that is, relating representations to representations, we postulate that the process of reference fixing must be bottom-up and nonconceptual, so that it can break the circle of conceptual content and touch the world. For that purpose, an appropriate causal relation between representations and the world (...) is needed. We claim that this relation is provided by spatial and object-centered attention that leads to the formation of object files through the function of deictic acts. This entire causal process takes place at a pre-conceptual level, meeting the requirement for a solution to the grounding problem. Finally we claim that our account captures fundamental insights in Putnam’s and Kripke’s work on “new” reference. (shrink)

This essay explicates the primary interpretative import of B1: 31-32 in Parmenides poem (On Nature)—lines which have radical implications for the overall argument, and which the traditional arrangement forces into an irreconcilable dilemma. I argue that the “negative” reading of lines 31-32 is preferable, even on the traditional arrangement. This negative reading denies that a third thing is to be taught to the reader by the goddess—a positive account of how the apparent world is to be “acceptably” understood. I then (...) suggest that a rearrangement of the fragments would make more sense overall, while further supporting the “negative” reading as more natural and coherent. In particular, the rearrangement dispels the objection that, “if mortal opinions were not true, why would Parmenides include such a lengthy false account of the apparent world--an account which explicitly denies the conclusions of the earlier section, Truth?”. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)