O presente texto parte de uma analogia com a obra “Após o fim da arte: a arte contemporânea e os limites da história” de Arthur Danto para pensar perspectivas da produção artística após a decretação de seu fim, ou seja, após o momento em que os modelos tradicionais de pensar e fazer arte passaram a não se enquadrar às próprias obras de arte. A perspectiva abordada traz à tona os contextos de visibilidade e de participação do mundo da arte, o (...) qual acompanha um movimento simultâneo de globalização e regionalização. Para tanto, o presente artigo fará uma analise decolonial da tese de Arthur Danto, para então explicitar de que modo ela não se mostra suficiente. Por fim, trará para a discussão os conceitos de perspectivismo e multinaturalismo trabalhados por Eduardo Viveiros de Castro para apontar caminhos que permitam pensar a arte para além dos limites da arte europeia. (shrink)

RESUMO O artigo, em um primeiro momento, reconstrói a separação realizada por Arthur Danto entre Estética e Filosofia da Arte. Essa separação se encontra no fundamento da ontologia dantiana e distancia sua tentativa de definir arte dos argumentos da tradição estética sobre a beleza e o gosto. A partir dessa reconstrução, dou um segundo passo e analiso como Arthur Danto discute com a experiência estética, do modo como é compreendida, principalmente, após Kant, e quais são as suas críticas e propostas (...) para repensar a relação entre público e arte. ABSTRACT The article, at first, retraces the detachment made by Arthur Danto between Aesthetics and Philosophy of Art. This detachment lies on the foundation of Danto’s ontology and differentiates its attempt to define art from the traditional aesthetics arguments on beauty and taste. From this reconstruction, I take a second step where I analyze how Arthur Danto discusses with aesthetic experience, the way it is understood, especially, after Kant, and what are his criticisms and proposals to rethink the relation between public and art. (shrink)

Este livro inclui as palestras apresentadas no XIII Congresso Internacional de Estética, ocorrido em Belo Horizonte em outubro de 2017, cujo título, “Os fins da arte”, explora o duplo sentido do termo “fim” que, polissêmico, indica término, conclusão e epílogo, assim como o propósito, a meta, o objetivo, a motivação, e ainda o limite e a decadência. O uso plural desse termo amplifica, ainda, suas possibilidades de interpretação. Os textos deste livro mostram de modo evidente o quanto a questão do (...) “fim” contribui de maneira estratégica para pensar a arte durante o último século e o início deste. O livro conta com textos dos filósofos e filósofas da arte Márcia Ferreira Gonçalves, Gunter Gebauer, Rosa Gabriella Gonçalves, Giorgia Cecchinato, Alessandro Bertinetto, Cliff Hill Kormann, Rodrigo Duarte, Rita Velloso e do filósofo francês David Lapoujade, um dos principais nomes da filosofia na atualidade. (shrink)

A diversidade do pensamento filosófico sobre as transformações modernas e contemporâneas que cercam a produção artística desdobra-se nos quinze textos que compõem o livro, os quais abordam os mais variados gêneros: cinema, poesia, escultura, pintura e fotografia. Além disso, os textos dialogam ora com autores consagrados - de Winckelmann e Schelling a Benjamin e Rancière -, ora com os próprios artistas - de Glauber Rocha a Joseph Kosuth - e ora com contextos socioculturais mais amplos - desde o capitalismo estético (...) até a estética dos gêneros. Os principais problemas filosóficos que balizam a história da estética e se mantém no cerne dos debates modernos e contemporâneos atravessam esta coletânea: temas tradicionais como a educação do gosto, o conceito de beleza, o princípio da imitação da natureza e a relação entre aparência e verdade são atualizados com acuidade. Temas fundamentais do século XX como a autonomia da arte, o papel da arte na invenção de um povo, a liberdade e a experiência estética, a perda da materialidade das obras de arte e a função da crítica de arte também recebem atenção cuidadosa. Temas que dialogam diretamente com a situação atual das artes são igualmente contemplados, como a subsunção da arte pelo consumo, o possível caráter transgressor e revolucionário do gesto artístico e o papel das imagens na contemporaneidade. (shrink)

Among Aristotle’s criticisms of the Form of the Good is his claim that the knowledge of such a Good could be of no practical relevance to everyday rational agency, e.g. on the part of craftspeople. This critique turns out to hinge ultimately on the deeply different assumptions made by Plato and Aristotle about the relation of ‘good’ and ‘good for’. Plato insists on the conceptual priority of the former; and Plato wins the argument.

Despite the increased prevalence of bioethics research that seeks to use empirical data to answer normative research questions, there is no consensus as to what an appropriate methodology for this would be. This review aims to search the literature, present and critically discuss published Empirical Bioethics methodologies.

Through an examination of the actual research strategies and assumptions underlying the Human Genome Project, it is argued that the epistemic basis of the initial model organism programs is not best understood as reasoning via causal analog models. In order to answer a series of questions about what is being modeled and what claims about the models are warranted, a descriptive epistemological method is employed that uses historical techniques to develop detailed accounts which, in turn, help to reveal forms of (...) reasoning that are explicit, or more often implicit, in the practice of a particular field of scientific study. It is suggested that a more valid characterization of the reasoning structure at work here is a form of case-based reasoning. This conceptualization of the role of model organisms can guide our understanding and assessment of these research programs, their knowledge claims and progress, and their limitations, as well as how we educate the public about this type of biomedical research. (shrink)

A joke is amusing if and only if it’s fitting to be amused by it; an act is regrettable if and only if it’s fitting to regret it. Many philosophers accept these biconditionals and hold that analogous ones obtain between a wide range of additional evaluative properties and the fittingness of corresponding responses. Call these the _fit–value biconditionals_. The biconditionals give us a systematic way of recognizing the role of fit in our ethical practices; they also serve as the bedrock (...) of various metaethical projects, such as fitting-attitude analysis of value and the ‘fittingness first’ approach. Yet despite the importance of the biconditionals, there is very little discussion of their proper interpretation. This paper argues that any plausible interpretation of the fit_–_value biconditionals must disarm several kinds of apparent counterexample. For instance, that an achievement is pride-worthy doesn’t imply it is fitting for me to take pride in it because the achievement might not be mine or that of anyone close to me; that a joke is amusing doesn’t imply it is fitting for me to be amused by it for six straight months; and that a person is loveable doesn’t imply it is fitting for me to love him romantically because that person might be my sibling. We consider possible responses to such counterexamples and develop what we consider the most promising interpretation of the biconditionals. The upshot is that certain widespread assumptions about fit and its relation to value and reasons should be reconsidered. (shrink)

Anthology of readings in moral philosophy.

What words we use, and what meanings they have, is important. We shouldn't use slurs; we should use 'rape' to include spousal rape (for centuries we didn’t); we should have a word which picks out the sexual harassment suffered by people in the workplace and elsewhere (for centuries we didn’t). Sometimes we need to change the word-meaning pairs in circulation, either by getting rid of the pair completely (slurs), changing the meaning (as we did with 'rape'), or adding brand new (...) word-meaning pairs (as with 'sexual harassment'). A problem, though, is how to do this. One might worry that any attempt to change language in this way will lead to widespread miscommunication and confusion. I argue that this is indeed so, but that's a feature, not a bug of attempting to change word-meaning pairs. The miscommunications and confusion such changes cause can lead us, via a process I call transformative communicative disruption, to reflect on our language and its use, and this can be further, rather than hinder, our goal of improving language. (shrink)

Kant's Critique of Judgment has often been interpreted by scholars as comprising separate treatments of three uneasily connected topics: beauty, biology, and empirical knowledge. Rachel Zuckert's book interprets the Critique as a unified argument concerning all three domains. She argues that on Kant's view, human beings demonstrate a distinctive cognitive ability in appreciating beauty and understanding organic life: an ability to anticipate a whole that we do not completely understand according to preconceived categories. This ability is necessary, moreover, for (...) human beings to gain knowledge of nature in its empirical character as it is, not as we might assume it to be. Her wide-ranging and original study will be valuable for readers in all areas of Kant's philosophy. (shrink)

Lucidly and persuasively written, this book will be an invaluable resource for students and scholars seeking to understand Irigaray's original contribution to philosophical and feminist thought.

This Element presents a philosophical exploration of the concept of the 'model organism' in contemporary biology. Thinking about model organisms enables us to examine how living organisms have been brought into the laboratory and used to gain a better understanding of biology, and to explore the research practices, commitments, and norms underlying this understanding. We contend that model organisms are key components of a distinctive way of doing research. We focus on what makes model organisms an important type of model, (...) and how the use of these models has shaped biological knowledge, including how model organisms represent, how they are used as tools for intervention, and how the representational commitments linked to their use as models affect the research practices associated with them. This title is available as Open Access on Cambridge Core. (shrink)

We present a novel semantic and conversational framework for a class of gradable-like constructions. These include metalinguistic comparatives, like "Ann is more a linguist than a philosopher", as well as metalinguistic equatives, degree modifications, and conditionals. To the extent previous literature discusses such metalinguistic gradability, the focus has been on comparatives. We extend our account of metalinguistic comparatives (Rudolph & Kocurek 2020) to cover a broader range of metalinguistic gradable constructions. On our semantic expressivist view, these all serve in various (...) ways to express speakers' relative commitments to different linguistic interpretations. (shrink)

In Talking about, Unnsteinsson defends an intentionalist theory of reference by arguing that confused referential intentions degrade reference. Central to this project is a “belief model” of both identity confusion and unconfused thought. By appealing to a well‐known argument from Campbell, I argue that this belief model falls short, because it fails to explain the inferential behavior it promises to explain. Campbell's argument has been central in the contemporary literature on Frege's puzzle, but Unnsteinsson's account of confusion provides an opportunity (...) for more clarity about how the argument is best interpreted, and what it shows. (shrink)

This article employs Foucauldian and feminist analytics to advance a critical approach to wearable digital health- and activity-tracking devices. Following Foucault’s insight that the growth of individual capabilities coincides with the intensification of power relations, I argue that digital self-tracking devices (DSTDs) expand individuals’ capacity for self-knowledge and self-care at the same time that they facilitate unprecedented levels of biometric surveillance, extend the regulatory mechanisms of both public health and fashion/beauty authorities, and enable increasingly rigorous body projects devoted to the (...) attainment of normative femininity. These technologies of surveillance, normalization, and discipline thus function to augment, and facilitate the cooperation of, neoliberal-era biopower and post-feminist patriarchal power. My analysis of digital self-tracking devices’ instrumentality to biopower and patriarchy contributes to the emergent field of critical digital health studies and builds new connections between political, social, and feminist theories of embodiment; biopower studies; fat studies; and trans-disciplinary body studies. (shrink)

This paper offers three objections to Leslie’s recent and already influential theory of generics :375–403, 2007a, Philos Rev 117:1–47, 2008): her proposed metaphysical truth-conditions are subject to systematic counter-examples, the proposed disquotational semantics fails, and there is evidence that generics do not express cognitively primitive generalisations.

In this volume, Rachel Giora explores how the salient meanings of words - the meanings that stand out as most prominent and accessible in our minds - shape how we think and how we speak. For Giora, salient meanings display interesting effects in both figurative and literal language. In both domains, speakers and writers creatively exploit the possibilities inherent in the fact that, while words have multiple meanings, some meanings are more accessible than others. Of the various meanings weencode (...) in our mental lexicon for a given word or expression, we ascribe greater cognitive priority to some over others. Interestingly, the most salient meaning is not always the literal meaning. Giora argues that it is cognitively prominent salient meanings, rather than literal meanings, that play the most important role in the comprehension and production of language. She shows that even though context begins to affect comprehension immediately, it does so without obstructing the early accessing of salient meanings. Thus, the meaning we first attend to is the salient word meaning, regardless of contextual bias. Knowledge of salient meanings turns out to play a major role, perhaps the most important role, in the process of using and understanding of language. Going beyond the familiar effects of literal meaning and context, the Graded Salience Hypothesis presents the most comprehensive explanation for how we use language for meaning. In this volume, Giora presents her new model for the first time in a book-length treatment, with original and illuminating perspectives that will be of interest to linguists, philosophers, psychologists, and all who want to know more about just how we understand what we mean. (shrink)

It is tempting to hold that guilt‐tripping is morally wrong, either because it is objectionably manipulative, or because it involves gratuitously aiming to make another person suffer, or both. In this article, I develop a picture of guilt according to which guilt is a type of pain that incorporates a commitment to its own justification on the basis of the subject's wrongdoing. This picture supports the hypothesis that feeling guilty is an especially efficient means for a wrongdoer to come to (...) more deeply understand why her behavior was wrong; it is precisely because guilt is painful and involves a self‐reflexive justificatory element that it is able to play this role. Such a picture, moreover, preserves the possibility that deliberately making others feel guilty needn't involve aiming gratuitously to harm them and needn't be objectionably manipulative. It follows that we should be surprisingly sanguine about the practice of inducing guilt in wrongdoers as a means of facilitating their moral edification. (shrink)

Human rights have become an important ideal in current times, yet our age has witnessed more violations of human rights than any previous less enlightened one. This book explores the historical and theoretical dimensions of this paradox. Divided into two parts, the first section offers an alternative history of natural law, in which natural rights are represented as the eternal human struggle to resist opression and to fight for a society in which people are no longer degraded or despised. At (...) the time of their birth in the 18th Century and again in the popular uprisings of the last decade, human rights became the dominant critique of law and society. The radical rhetoric of rights and its apparently endless expansive potential has led to its adoption by governments and individuals alike seeking to justify their actions on moral grounds and has undermined its radical edge. Part Two examines the philosophical logic of rights. The classical critiques of Kant, Burke, Hegel and Marx illuminate traditional aproaches to the concept of human rights. The work of Heidegger, Sartre and psychoanalysis is used to deconstruct the metaphisical essentialism of bothe universalists and cultural relativists. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a moral stand point which both transcends the present and is historically relevant. (shrink)

We offer an interpretation of the mental files framework that eliminates the metaphor of files, information being contained in files, etc. The guiding question is whether, once we move beyond the metaphors, there is any theoretical role for files. We claim not. We replace the file-metaphor with two theses: the semantic thesis that there are irreducibly relational representational facts (viz. facts about the coordination of representations); and the metasemantic thesis that processes tied to information-relations ground those facts. In its canonical (...) statement, the ‘file’-theory makes reference to a certain kind of relational representational feature, and a certain kind of mental activity. Mental files need not come into it. In short, we posit mental filing without mental files. Our interpretation avoids awkward problems that arise on the standard interpretation and clarifies the explanatory commitments of the theory. (shrink)

This book is about the norms of the speech act of assertion. This is a topic of lively contemporary debate primarily carried out in epistemology and philosophy of language. Suppose that you ask me what time an upcoming meeting starts, and I say, “4 p.m.” I’ve just asserted that the meeting starts at 4 p.m. Whenever we make claims like this, we’re asserting. The central question here is whether we need to know what we say, and, relatedly, whether what we (...) assert must be true. If the meeting is really at 3:30 p.m., you’ll be late, and probably rather upset that I told you the wrong time. In some sense, it seems like I’m on the hook for having said something false. This sense that I’ve done something wrong suggests that there are certain standards of evaluating assertions: a way of distinguishing between good and bad, appropriate and inappropriate. We call these standards norms. And so the debate about what, if any, norms govern the linguistic practice of assertion is known as the norms of assertion debate. When one’s assertion satisfies the norm, we say that the assertion is warranted. -/- Various philosophers have typically focused their views of the norms of assertion on articulating the level of epistemic support required for properly asserting. Some argue, for example, that one must know what one asserts. Others argue that one merely needs to justifiably believe what one asserts–an epistemic standing weaker than knowledge. The purpose of this book is to defend what I propose as the central norm governing our practice of assertion, which I call the Supportive Reasons Norm. Here’s what it looks like: -/- One may assert that p only if: One has supportive reasons for p, The relevant conventional and pragmatic elements of the context are present, and One asserts that p at least in part because the assertion that p satisfies and. -/- In rough outline, the standards for warrantedly asserting shift with changes in context, although knowledge is never required for warrantedly asserting. In fact, in some special contexts, speakers may warrantedly lie. This latter feature particularly sets apart my view from others in the debate. This also means that truth, knowledge, and even belief aren’t necessary conditions for warrantedly asserting. (shrink)

Classifying Madness (Springer, 2005) concerns philosophical problems with the Diagnostic and Statistical Manual of Mental Disorders, more commonly known as the D.S.M. The D.S.M. is published by the American Psychiatric Association and aims to list and describe all mental disorders. The first half of Classifying Madness asks whether the project of constructing a classification of mental disorders that reflects natural distinctions makes sense. Chapters examine the nature of mental illness, and also consider whether mental disorders fall into natural kinds. The (...) second half of the book addresses epistemic worries. Even supposing a natural classification system to be possible in principle, there may be reasons to be suspicious of the categories included in the D.S.M. I examine the extent to which the D.S.M. depends on psychiatric theory, and look at how it has been shaped by social and financial factors. I aim to be critical of the D.S.M. without being antagonistic towards it. Ultimately, however, I am forced to conclude that although the D.S.M. is of immense practical importance, it is unlikely to come to reflect the natural structure of mental disorders. (shrink)

Rachel Cohon offers an original interpretation of the moral philosophy of David Hume, focusing on two areas.

In this book, Rachel Zuckert provides the first overarching account of Johann Gottfried Herder's complex aesthetic theory. She guides the reader through Herder's texts, showing how they relate to eighteenth- and nineteenth-century European philosophy of art, and focusing on two main concepts: aesthetic naturalism, the view that art is natural to and naturally valuable for human beings as organic, embodied beings, and - unusually for Herder's time - aesthetic pluralism, the view that aesthetic value takes many diverse and culturally (...) varying forms. Zuckert argues that Herder's theory plays a pivotal role in the history of philosophical aesthetics, marking the transition from the eighteenth-century focus on aesthetic value as grounded in human nature to the nineteenth-century focus on art as socially significant and historically variable. Her study illuminates Herder's significance as an innovative thinker in aesthetics, and will interest a range of readers in philosophy of art and European thought. (shrink)

The imaginative context in which artificial intelligence is embedded remains a crucial touchstone from which to understand and critique both the histories and prospective futures of an AI-driven world. A recent article from Cave and Dihal sets out a narrative schema of four hopes and four corresponding fears associated with intelligent machines and AI. This article seeks to respond to the work of Cave and Dihal by presenting a gendered reading of this schema of hopes and fears. I offer a (...) brief genealogy of narratives which feature female automata, before turning to examine how gendered technology today—particularly AI assistants like Siri and Alexa—reproduces the historical narratives associated with intelligent machines in new ways. Through a gendered reading of the hopes and fears associated with AI, two key responses arise. First, that the affective reactions to intelligent machines cannot be readily separated where such machines are gendered female. And second, that the gendering of AI technologies today can be understood as an attempt to reconcile the opposing hopes and fears AI produces, and that this reconciliation is based on the association of such technologies with traditional notions of femininity. Critically, a gendered reading enables us to problematize the narratives associated with AI and expose the power asymmetries that lie within, and the technologies which arise out of, such narratives. (shrink)

What happens when we consider transformative experiences from the perspective of gender transitions? In this paper I suggest that at least two insights emerge. First, trans* persons’ experiences of gender transitions show some limitations to L.A. Paul’s (forthcoming) decision theoretic account of transformative decisions. This will involve exploring some of the phenomenology of coming to know that one is trans, and in coming to decide to transition. Second, what epistemological effects are there to undergoing a transformative experience? By connecting some (...) experiences of gender transitions to feminist standpoint epistemology, I argue that radical changes in one’s identity and social location also radically affects one’s access to knowledge in ways not widely appreciated in contemporary epistemology. (shrink)

There's been a great deal of interest in epistemology regarding what it takes for a hearer to come to know on the basis of a speaker's say-so. That is, there's been much work on the epistemology of testimony. However, what about when hearers don't believe speakers when they should? In other words, what are we to make of when testimony goes wrong? A recent topic of interest in epistemology and feminist philosophy is how we sometimes fail to believe speakers due (...) to inappropriate prejudices – implicit or explicit. This is known as epistemic injustice. In this article, I discuss Miranda Fricker's groundbreaking work on epistemic injustice, as well as more recent developments that both offer critique and expansion on the nature and extent of epistemic injustice. (shrink)

Erudite and timely, this book is a key contribution to the renewal of radical theory and politics.

In this paper I present my proposal for the central norm governing the practice of assertion, which I call the Supportive Reasons Norm of Assertion (SRNA). The critical features of this norm are that it's highly sensitive to the context of assertion, such that the requirements for warrantedly asserting a proposition shift with changes in context, and that truth is not a necessary condition for warrantedly asserting. In fact, I argue that there are some cases where a speaker may warrantedly (...) assert something she knows to be false. Only SRNA seems able to account for such cases. (shrink)

Stephen Jay Gould argued that the shape of animal life as we know it is a radically contingent accident of history determined more by fortune than comparative functional merit. Acknowledging the formative role of contingency in macroevolution is crucial, Gould believed, to vanquishing the lingering vestiges of progressivism that continue to buttress anthropocentric views of life. Gould’s contingency thesis has come under fire in recent years by proponents of convergent evolution who argue that not only is replication ubiquitous in evolution, (...) but also that it indicates an evolutionary process charging inexorably toward ever more complex and human-like outcomes. We argue here that although convergentist approaches are widely seen as inimical to the Gouldian view of life, in fact the two are indispensable allies in the anti-progressivist crusade, particularly in relation to the evolution of mind. We illustrate this by examining the progressivist foundations of comparative cognition science and the ongoing resistance to attributions of convergent minds. (shrink)

Normativity is widely regarded as the ability to make evaluative judgments based on a shared system of social norms. When normativity is viewed through the cognitively demanding lens of human morality, however, the prospect of finding social norms innonhuman animals rapidly dwindles and common causal structures are overlooked. In this paper, I develop a biofunctionalist account of social normativity and examine its implications for how we ought to conceptualize, explain, and study social norms in the wild. I propose that we (...) think of social normative systems as behavior-regulatory power structures that resolve conflicts between nested levels of selection in favor of the higher level. I argue that the best case for social norms outside of humans is not in the animals one might expect, such as primates or other large-brained vertebrates, but rather in social insects. Finally, I engage with a number of potential objections to this unorthodox proposal. (shrink)

"Psychiatry and Philosophy of Science" explores conceptual issues in psychiatry from the perspective of analytic philosophy of science. Through an examination of those features of psychiatry that distinguish it from other sciences - for example, its contested subject matter, its particular modes of explanation, its multiple different theoretical frameworks, and its research links with big business - Rachel Cooper explores some of the many conceptual, metaphysical and epistemological issues that arise in psychiatry. She shows how these pose interesting challenges (...) for the philosopher of science while also showing how ideas from the philosophy of science can help to solve conceptual problems within psychiatry. Cooper's discussion ranges over such topics as the nature of mental illnesses, the treatment decisions and diagnostic categories of psychiatry, the case-history as a form of explanation, how psychiatry might be value-laden, the claim that psychiatry is a multi-paradigm science, the distortion of psychiatric research by pharmaceutical industries, as well as engaging with the fundamental question whether the mind is reducible to something at the physical level. "Psychiatry and Philosophy of Science" demonstrates that cross-disciplinary contact between philosophy of science and psychiatry can be immensely productive for both subjects and it will be required reading for mental health professionals and philosophers alike. (shrink)

Given the potential dangers of unethical decisions in the workplace, it has become increasingly important for managers to hire, and promote into leadership positions, those who are morally inclined. Behavioral ethics research has contributed to this effort by examining an array of individual difference variables that play a role in morality. However, past research has focused mostly on direct causal effects and not so much on the processes through which different factors, especially those that are morality based, decrease unethical choices. (...) The purpose of the current research is to examine the process, which includes both subconscious and conscious decision pathways, through which moral attentiveness curbs unethical decision making at the individual level. The findings of a study employing about 200 participants and a cheating task reveal that both accurate ethical prototypes and moral awareness of the situation decreased unethical decisions, and moral attentiveness was found to be positively related to both of these constructs. In addition, having accurate ethical prototypes was found to be a partial mediator between perceptual moral attentiveness and less cheating, while moral awareness was found to be a partial mediator between reflective moral attentiveness and less cheating. The theoretical and practical implications of these findings are discussed. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar (...) of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

The biological sciences have become increasingly reliant on so-called 'model organisms'. I argue that in this domain, the concept of a descriptive model is essential for understanding scientific practice. Using a case study, I show how such a model was formulated in a preexplanatory context for subsequent use as a prototype from which explanations ultimately may be generated both within the immediate domain of the original model and in additional, related domains. To develop this concept of a descriptive model, I (...) focus on use of the nematode worm Caenorhabditis elegans and the wiring diagrams that were developed as models of its neural structure. In addition, implications of the concept of a descriptive model, particularly its relevance for the data-phenomena distinction as well as its relation to long-standing debates on realism, are briefly examined. (shrink)

The concept of fitness, central to population genetics and to the synthetic theory of evolution, is discussed. After a historical introduction on the origin of this concept, the current meaning of it in population genetics is examined: a cause of the selective process and its quantification. Several difficulties arise for its exact definition. Three adequacy criteria for such a definition are formulated. It is shown that it is impossible to formulate an adequate definition of fitness respecting these criteria. The propensity (...) definition of fitness is presented and rejected. Finally it is argued that fitness is a conceptual device, a useful tool, only for descriptive purposes of selective processes, changing from case to case, and thus devoid of any substantial physical counterpart. Any attempt to its reification is an apport to the metaphysical load evolutionary theory has inherited from Natural Theology. (shrink)

In this study, we examine investor and firm response to the California Transparency in Supply Chains Act of 2010. The CTSCA requires large retail and manufacturing firms to disclose efforts to eradicate slavery and human trafficking from their supply chains and is a rare example of mandated corporate social responsibility disclosure. Based on a sample of 105 retail companies subject to the CTSCA, we find a significant negative market reaction to the passing of the CTSCA. Furthermore, we find that the (...) reaction is significantly more negative for larger firms and companies facing greater supply chain risks, suggesting that investors place a negative value on exposure to legitimacy threats in the social domain. With respect to company disclosure response, we document relatively high compliance with the legislation, although we also find that the disclosure response appeared to be more symbolic than substantive in nature. Finally, our analysis indicates that both disclosure choice and disclosure extensiveness were significantly higher for the high-supply chain risk companies, suggesting that the response was influenced by concerns with strategic legitimation. Overall, the limited quality of disclosure suggests that, without additional rules and guidance, mandates alone may not lead to meaningful social disclosure. (shrink)

It has become popular of late to identify the phenomenon of thinking a singular thought with that of thinking with a mental file. Proponents of the mental files conception of singular thought claim that one thinks a singular thought about an object o iff one employs a mental file to think about o. I argue that this is false by arguing that there are what I call descriptive mental files, so some file-based thought is not singular thought. Descriptive mental files (...) are mental files for which descriptive information plays four roles: determines which object the file is about, if any, it sets limits on possible mistakes that fall within the scope of successful reference for the file, it acts as a ‘gatekeeper’ for the file, and it determines persistence conditions for the file. Contrary to popular assumption, a description playing these roles is consistent with the file-theoretic framework. Recognising this allows us to distinguish the notion of singular thought from that of file-thinking and better understand the nature and role of both. (shrink)

On the traditional relationalist conception of singular thought, a thought has singular content when it is based on an ‘information relation’ to its object. Recent work rejects relationalism and suggests singular thoughts are distinguished from descriptive thoughts by their inferential role: only thoughts with singular content can be employed in ‘direct’ inferences, or inferences that ‘trade on identity’. Firstly this view is insufficiently clear, because it conflates two distinct ideas—one about a kind of inference, the other a kind of process (...) that grounds inferences—under the title, ‘trading on identity’. Secondly, this leaves us without a notion that can be used as an alternative to relationalism about singular thought. The first notion is no more applicable to singular than to descriptive thought. The second may help us better understand singular thought, but does so, not by replacing the view that singular thoughts are information-based, but by helping us understand the nature of information-based thought. (shrink)