This chapter contains sections titled: Lafayette's American Plants English Agrarian Influences Transforming La Grange Planting Politics at La Grange Notes.

In lieu of an abstract, here is a brief excerpt of the content:"To make a difference...":Narrative Desire in Global MedicineByron J. Good and Mary-Jo DelVecchio GoodIf, as Arthur Frank (2002) writes, "moral life, for better and worse, takes place in storytelling," this collection of narratives written by physicians working in field settings in global medicine gives us a glimpse of some aspects of moral experience, practice, and dilemmas in settings of poverty and low health care resources. These essays are (...) written from the midst of practice, in diverse settings in Africa, South Asia, Latin America, the Caribbean, and the United States. The majority of the writers are practitioners of contemporary 'global medicine'—physicians from North America or Europe who spend part of their lives flying into settings of poverty or special need to practice medicine and work with on-going collaborative clinical and public health systems—while a smaller number are working in the societies in which they were born. Although a few work for classic humanitarian organizations or have developed their own local NGO's, the great majority are engaged in the 'hybrid life' described by Robert Riviello and noted by Renée Fox, moving between academic medical centers and distant health care systems that are supported by local governments, major international organizations and funding agencies, and international NGO's like Partners in Health. These diverse forms of practice have become a common model for contemporary clinicians engaged in what has emerged as a new discipline of global health or global medicine, and these narratives give us a glimpse of some of the enduring, as well as newly emerging, forms of moral practice and ethical dilemmas characteristic of today's global medicine.Many of these stories are filled with the tension and pathos that makes clinical narratives powerful to read. Physicians are forced to make unfathomable decisions about whether to resuscitate and keep a baby alive, using all means available, or to let the infant die, whether to carry out a procedure that will save an infant in birth but would put the mother at risk, about how to deal with a cancer found in a very advanced state. However, virtually all of the stories transcend these classical stories of the decisions physicians are forced to make by being placed in settings of great scarcity of resources, which stand in particular contrast to the academic medical settings in North America or Europe where many of these global medicine specialists have trained and many continue to practice. The unspeakable inequality of resources emerges throughout these narratives as a kind of master theme, as the underlying moral, as opposed to plot, which gives meaning and sense to the stories. For those who practice medicine in such settings, global inequalities and scarcity of medical resources are deeply felt. They produce the rage that Jeffrey Deal describes. ("I learned to despise American churches during that time, a time when my world encompassed a dying newborn in Sudan, as well as the air conditioned padded seats [End Page 121] of our affluent suburban church.") They produce the distinctive experiences of helplessness and pain felt by clinicians who cannot separate how they would be able to treat such a patient at home from how they have to practice in these settings. For those clinicians working in their own societies, scarcity of resources often produces deep anger at the corrupt governments that fail to support basic human services for the great majority of their population. ("We were temporary actors performing in the cynical play of scarcity on permanent display in Port-au-Prince," writes Haitian physician Paul Pierre about his experience prior to joining Partners in Health.)But for those who regularly travel back and forth across the divide between rich and poor, whether across national boundaries or within their own society, the challenge to live a moral life is unendingly complicated. While becoming a part of a struggle for global justice with colleagues and advocates from both sides of the divide, few of the narrators can avoid personal feelings of ambivalence and guilt at being able to easily move from one side of that divide to the other back home. Many fantasize about giving up their lives in the north to devote themselves... (shrink)

This paper provides an overview of women's engagement with Stoic ethics in early modern England (c. 1600–1700). It builds on recent literature in the field by demonstrating that there is a positive gender‐inclusive narrative to be told about Stoic philosophy in this time—one that incorporates women's specific concerns and responds to women's lived experiences. To support this claim, we take an interdisciplinary approach and examine several different genres of women's writing in the period, including letters, poems, plays, educational texts, and (...) moral essays. In these writings, we argue, a distinctive conception of Stoic therapy emerges. Women embrace well‐known aspects of the Stoic philosophy—such as living in agreement with nature, the importance of self‐government, and the ideal of freedom from the passions—but they also allow room for the cultivation of eupatheiai or life‐affirmative feelings, such as feelings of respect, affection, and good will toward other people. (shrink)

This study demonstrates that Dewey did not reject Hegelianism during the 1890s, as scholars maintain, but developed a humanistic/historicist reading that was indebted to an American Hegelian tradition. Scholars have misunderstood the "permanent Hegelian deposit" in Dewey's thought because they have not fully appreciated this American Hegelian tradition and have assumed that his Hegelianism was based primarily on British neo-Hegelianism. ;The study examines the American reception of Hegel in the nineteenth-century by intellectuals as diverse as James Marsh and Frederic Henry (...) Hedge and how it flowered in late nineteenth-century St. Louis. The St. Louis Hegelians read Hegel as a particularly practical and politically liberal philosopher whose social philosophy promoted both social diversity and unity. Led by W. T. Harris, they studied Hegel in German and published their own scholarship, as well as translations of German scholarship, in their Journal of Speculative Philosophy. Their efforts to make "Hegel talk English" and to base the St. Louis public schools on Hegel's philosophy of education won them national, and even, international attention. The St. Louis Hegelians sought to adapt Hegel's thought to their American context by assuaging elitist elements within it; Dewey's intellectual development was profoundly shaped by their appropriation of his philosophy. ;Dewey drew upon Hegel's argument that humans form societies because of their differences, not in spite of them. Hegel's rejection of the self-sufficient, atomistic individual entailed that the individual is dependent upon others for the satisfaction of material needs. Moreover, like Hegel, Dewey rejected the hedonistic basis of the British political tradition by arguing that humans seek recognition from their equals as well as satisfaction of material needs. Dewey believed Hegel's emphasis upon equality and diversity provided a model of society in which there was fertile ground for the individual to conceive and articulate cultural criticism. The study ends by comparing recent Hegel scholarship to Dewey's, demonstrating that American Hegelianism has returned, in important ways, to a Deweyan reading of Hegel. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Joanne Wood LORDJIM AND THE CONSEQUENCES OF KANTIAN AUTONOMY Autonomy IS the fundamental principle of Kantian ethics. This is so because his moral system is based on the crucial idea that nothing in the world can be called "good without qualification except a good will."1 Thus a good will is good in and of itself, without regard to any possible end. For such a will, (...) morality is categorical, for only with such an imperative can moral laws be said to be laws ofcomplete freedom, and willed without regard to any other interest. Thus autonomy is a necessary condition for a good will, because any heteronomous worth a will could achieve would by definition be conditional, and would therefore violate Kant's notion of the unconditional worth of a good will. However, it is precisely this notion of the absolute worth a good will merits on its own that would seem to bear looking into: there is something intuitively wrong with Kant's assertion that even if"it should happen that, by a particularly unfortunate fate or by the niggardly provision of a stepmotherly nature, this will should be wholly lacking in power to accomplish its purpose," it would still "sparkle like a jewel in its own right, as something that had its full worth in itselP (p. 10). The idea implied in this passage, that a good will could exist somehow apart from the world and any effects achieved therein, is problematic to say the least. How could such a will be known? The metaphor ofa "sparklingjewel" is striking, but flawed: ajewel exists in the world, for all eyes to see if they know where to look, whereas a good will exists in the hearts of men. It is for this reason thatJoseph Conrad's LordJim is a fitting supplement to understanding the implications of a Kantian view of morality, for the central concern of the novel is the moral ambiguity that results from our common obscurity ofvision into ourselves and those around us. Given this 57 58Philosophy and Literature ambiguity, which Kant recognizes when he says, "even the strictest examination can never lead us entirely behind the secret incentives, for, when moral worth is in question, it is not a matter of actions which one sees but ofdieir inner principles which one does not see" (p. 23). It seems then irresponsible still to maintain that the worth ofa good will is independent of the way of the world. Since it is evident that if results or other empirical factors are invalid tojudge intentions, then the only judge capable of assessing in advance what maxim is being acted upon is the moral agent; morality becomes a matter of strictly individual conscience or reason. The moral agent thus becomes romanticized, a lone figure needing no other guidance than that which his or her own reason can provide in order to lead a truly good life. LordJim challenges just such a conception of individualist or self-sufficient morality. Due to the essential ambiguity ofwhatjim himselfis, the novel is an extremely difficult one to read. This is further complicated by the fact that, after the first four chapters, the reader is never given an impersonal view ofJim, but instead Marlow's painstaking efforts to fit together the puzzle ofJim's character: "I don't pretend I understood him. The views he let me have of himself were like those glimpses through the shifting rents in a thick fog— bits of vivid and vanishing detail, giving no connected idea of the general aspect of a country... they were no good for purposes of orientation."2 Given this cloud of uncertainty, Jim remains an enigma from beginning to end. The reader is treated to various judgments ofhim during this time from a wide range of viewpoints which Marlow perhaps pursues in an effort to shed some light on the subject, but which nonetheless leave us in darkness because they all omit one factor or another. There is no Authority in this book. The facts ofJim's case are relatively straightforward: it is the interpretation of what lies behind them, ofJim's "inner principles," which is extraordinarily complex. Jim is working as first mate on... (shrink)

A number of dichotomies bedevil the concept of care, among them, the question of whether healthcare is posited on care or cure. On one side the question is whether it is enough to cure without caring (to cure is to care) and on the other whether caring is sufficient without a cure. This has received attention in recent years from feminists, particularly in the nursing profession, and from renewed interest in virtue ethics. This paper describes a study that was undertaken (...) to explore what a group of experienced United Kingdom based osteopaths understand care to be. Following interviews and transcript analysis using Grounded Theory, a number of themes were identified: Care as communication; Care as understanding the patient; Care as the therapeutic relationship; Care as action; Care as most beneficial outcome. The relationships between the various themes were explored and a ‘model of osteopathic care’ was proposed. Most of the respondents put beneficial outcome of some kind at the heart of their understanding but the process of caring was not regarded as particularly important on its own. In fact the expressed intention of osteopathic care was to facilitate a beneficial outcome. However, beneficial outcome was described in very broad terms and was not confined to the resolution of patients' presenting symptoms. In placing beneficial outcome at the heart of their model of care, respondents did not appear to recognize the dichotomy between care and cure, a finding that contrasts sharply with a number of nursing studies. The paper concludes by suggesting how it may be possible to differentiate between care and good practice. (shrink)

The debate between Jurgen Habermas and Charles Taylor is reflective of the enduring conflict between liberal philosophy with its emphasis upon freedom, equality, and legal rights, and Aristotelianism with its accent upon the cultivation of virtue, personal responsibility and shared notions of the Good. Though grounded in opposite ends of the philosophical spectrum, both men remain critical of the burgeoning effects of instrumental rationality and the social atomization and anomie it continues to generate; both understand the extent to which (...) the self is a social construct and the role of interpersonal intersubjectivity in the development of their individual and collective identities; both argue for the centrality of certain goods in maintaining a minimal degree of social cohesion; and both affirm that the crucial feature of human life is communication and its dialogical character. ;To overcome the adverse manifestations of our positivistic ethos with its over-reliance upon purposive-instrumental reason, each has responded with a countervailing notion of rationality---"phronesis" or Aristotelian practical reason for Taylor and "communicative reason" for Habermas. Each's choice of reason has led to profound differences in their respective notions of the self as well as fundamental incongruities in their moral and political philosophies. In the interest of preserving the autonomy and integrity of the individual while yet affirming universal justice, Habermas argues for the formalism of a "proceduralistic" ethics. Taylor, on the other hand, advocates a "substantialist" one, a communal ethics that arises from out of people's deepest moral intuitions; an ethics bound up with historical values and ideals that stresses the cultivation of virtue and shared notions of the common good. ;I argue that although Habermas's "communicative action" with its focus upon intersubjective communication helps to bridge the competing philosophies of communitarianism and classical liberalism, a basic incommensurability still persists. However, rather than being mutually exclusive, there needs to be a creative, dialectical tension maintained between them whereby each continues to inform and influence the other. In this way, a postmodern ethics rooted in dialogue and communication can be constructed which maintains people's integrity and autonomy while similarly addressing their multiple needs and concerns, but also an ethics grounded in one's deepest moral intuitions which remains sensitive to the concrete, historical, and particularistic distinctions which differentiate their identities. (shrink)

The Souls of Black Folk is Du Bois’s outstanding contribution to modern political theory. It is his still influential answer to the question, “What kind of politics should African Americans conduct to counter white supremacy?” Here, in a major addition to American studies and the first book-length philosophical treatment of Du Bois’s thought, Robert Gooding-Williams examines the conceptual foundations of Du Bois’s interpretation of black politics. For Du Bois, writing in a segregated America, a politics capable of countering Jim (...) Crow had to uplift the black masses while heeding the ethos of the black folk: it had to be a politics of modernizing “self-realization” that expressed a collective spiritual identity. Highlighting Du Bois’s adaptations of Gustav Schmoller’s social thought, the German debate over the Geisteswissenschaften, and William Wordsworth’s poetry, Gooding-Williams reconstructs Souls’ defense of this “politics of expressive self-realization,” and then examines it critically, bringing it into dialogue with the picture of African American politics that Frederick Douglass sketches in My Bondage and My Freedom. Through a novel reading of Douglass, Gooding-Williams characterizes the limitations of Du Bois’s thought and questions the authority it still exerts in ongoing debates about black leadership, black identity, and the black underclass. Coming to Bondage and then to these debates by looking backward and then forward from Souls, Gooding-Williams lets Souls serve him as a productive hermeneutical lens for exploring Afro-Modern political thought in America. (shrink)

While Sartre scholars cannot fairly be described as being opposed to science, they have, for the most part, stayed aloof. The field of psychology, of course, has been an exception. Sartre himself felt compelled to present his own existential psychoanalysis by marking the parallels and differences between his position and traditional approaches, particularly the Freudian. The same is true with respect to his concept of bad faith and of emotional behavior. Scholars have followed his lead with richly productive results. But (...) we may note that the debate has centered on psychic and therapeutic issues, aspects of what Sartre called le vécu or lived experience, rather than on the findings of cognitive science or neuroscience. Although all existentialists and phenomenologists accept as a central tenet the fact that consciousness is embodied, there has been virtually no concern with the biological substratum. But the study of consciousness cannot be restricted within its own narrow confines—unlike, say, Greek grammar, which can be learned without reference to the rules of Arabic. At some point, there must be established an organic foundation for the behavior of the conscious organism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hazel E. Barnes FLAUBERT AND SARTRE ON MADNESS IN KING LEAR T'oward the end of the second volume of The Family Idiot (L'Idiot de la famille), in a section called "Exercises and Reading," Sartre discusses Flaubert's reading of Shakespeare.1 In the context Sartre describes how Flaubert spent his time during one of the rare periods when he was not even attempting to write anything; more than two years elapsed (...) between the completion of the first Sentimental Education in January 1845 and die beginning of his collaboration widi Maxime Du Camp on La Bretagne. Along with doing desultory background reading for "an oriental tale," and analyzing the plays ofVoltaire, Flaubert claimed to be studying the Greek and Roman authors and a selected few of the later "great immortals." Sartre shows that Flaubert's way of reading them was entirely different from the critical analysis which he directed on the work of his contemporaries. Essentially it was a series of"rereadings," and its purpose was not to gain knowledge or even a fuller understanding of the text. In a letter to Mlle de Chantepie, Flaubert counsels her to take one of the great writers and "study him in depth," reading from beginning to end and then starting over again: "But do not read, as children read, to amuse yourself, nor as the ambitious read, to instruct yourself. No, read so as to live. Create in your soul an intellectual atmosphere which will be compounded from the emanation of all the great minds."2 How can Flaubert both counsel his correspondent to study in depdi and not to seek instruction? The kind ofstudy he has in mind, Sartre claims, is comparable to the way in which an amateur pianist might "study" Chopin, where die aim is not to understand analytically but to perfect a particular interpretation and to evoke a certain aesdietic reaction. Flaubert resists instruction because new knowledge risks forcing change. What he wants is 211 2 1 2 Philosophy and Literature to rediscover the same eternal truths and emotions.3 It is also to find inspiration for his own dreams, an oneiric reading. In this connection Sartre makes two important points. First, in striving to cultivate for the soul "an intellectual atmosphere... compounded from the emanation of all the great minds," the artist is adding so many strings to his lyre — the laugh of Rabelais, the cosmic passions of Shakespeare, the skepticism of Montaigne. This is whyJules at the end of die first Sentimental Education plans to study die great writers, beginning with Homer — not to learn dieir technique but to enlarge the artist's sensibility. Sartre's second point is made apropos of Flaubert's rereading of Shakespeare. Flaubert fluctuates between two responses. Sometimes he is depressed at the thought of his own lack of genius in comparison with Shakespeare. "That good man will drive me mad.... All odiers seem to me children beside him."* At odier times he experiences what Sartre calls a "glorifying identification." It is as though in imagination he becomes Shakespeare. In part this is because, as he writes in this same letter, we artists "breathe in our existence by means of die sentence." Sartre notes that for Flaubert the existence in question is a literary reality, not that of die everyday world; we may breathe it in either dirough writing or through reading. At this particular moment in his life, Sartre argues, Flaubert's program of study was in bad faith. He allowed die imaginary identification to suffice. Sartre goes so far as to say, "He reads in order not to write; in diis masturbatory substitute for the act, he makes himself an aumor all at once, under anodier name, in order not to work at becoming the writer of genius he wants to be." This comment makes sense if we recall Flaubert's situation in 1845-47. After the nervous crisis at Pont-L'Evêque he knew that either he would be a writer or he would remain a feeble invalid, an object of pity, the "family idiot." "There he is, dien, paralyzed by two opposing forces: hope and die fear of being disappointed " (p. 2021). No wonder he... (shrink)

Religious therapeutics is the term I use to designate relations between health and spirituality, and medicine and religion. Dimensions of religious therapeutics include religious meanings that inform medical theory, religious means of healing, health as part of religious life, and religion as a remedy for human suffering. Classical Yoga is analyzed to establish an initial matrix of religious therapeutics with 5 branches: philosophical foundations, soteriology, value theory, physical practice, and cultivation of consciousness. Through comparative criticism of classical Yoga, the study (...) presents a heuristic of religious therapeutics: a model for interpreting relations among healing and liberative functions in world religions. ;Body and health are of instrumental but not ultimate value in classical Yoga: the body is used to transcend itself for attainment of Yoga's soteriological goal, realization of self as pure consciousness. Yoga's Samkhya-based metaphysics contains an unreconciled dualism, and while practice of Yoga is paradigmatic of mind/body holism, Yoga prescribes realization of a spiritual self, independent of material and psychological nature. The study rehabilitates the body in respect of the compatibility of embodiedness with religiousness. ;Other Indian and world traditions suggest dimensions of religious therapeutics both resonant with classical Yoga and lacking from it. India's Ayurvedic medicine represents the sixth branch of religious therapeutics: medical therapeutics. I distill from Ayurvedic and Western sources a set of determinants of health: biological, medical/psychological, cultural, and metaphysical. Significant determinants of health are wholeness, self-identity, and freedom; these are incorporated in discussion of the complementary functions of medicine and religion, grounding the claim that in classical Yoga, liberation is healing in an ultimate sense. ;Tantric yogas utilize material nature for human spiritual progress, and unlike classical Yoga, esteem nature, body/mind, the feminine, and relationality. Tantra provides another branch of religious therapeutics: aesthetic therapeutics. The study anticipates elements of health/medicine in western religions, Buddhism, and Lakota religious philosophy. Sacred speech and song are explored to demonstrate comparative inquiry into religious therapeutics; some Native American Indian and Hindu applications of sacred language are considered. Finally, the model of religious therapeutics is supplemented with community, embracing ecological, social, and religious relationality and communication. (shrink)

John Russon offers an engaging analysis of Hegel’s notion of embodiment, which, though not given priority in the Hegelian corpus, affords an enriching understanding of Hegel’s notion of sociality. Admittedly, Hegel does not offer those attempting to derive from his work a philosophy of embodiment a wealth of resources. Moreover, his few remarks on the body do not seem to fulfill his own philosophic criteria and aims, and so fail to offer an entirely self-developing position concerning human embodiment. However, Russon (...) casts Hegel as being an heir to the Aristotelian notion of personhood as a confluence of soul and body, and argues for the notion of Geist as the Idealist analogue to Aristotle’s concept of soul/psychology. Russon portrays Hegel as not only furthering Aristotle’s psychology, but also as emerging from the Scholastic and Enlightenment duality of mind or soul and body to act as a precursor of the postmodern account of discursivity as performativity. Embodiment remains, according to Russon, an explication of numerous levels of expression, socialization and habituation. Hegel’s concept of embodiment parallels Aristotle’s in abiding by an internal principle of self-explication, in which personal identity requires and is defined by self-expression. Russon argues that embodiment and self-expression are coextensive; embodiment is discursivity, in which our nature, habits, and express communication reflect and build upon our inherited and internalized culture and institutional relationships. (shrink)

Broadly speaking, ancient concepts of causality in terms of explanatory priority have been contrasted with modern discussions of causality concerned with agents or events sufficient to produce effects. As Richard Taylor claimed in the 1967 Encyclopedia of Philosophy, of the four causes considered by Aristotle, all but the notion of efficient cause is now archaic. What we will consider here is a notion even less familiar than Aristotelian material, formal, and final causes—what we will call 'demonstrational causality'. Demonstrational causality refers (...) to the dependence of the conclusion on the premises of a demonstration. Here, if ever, we have a case of explanational priority, since among other things what is required of the premises is that they be better known or more manifest than the conclusion. But, oddly enough, Aristotle and his medieval commentators describe demonstrational causality in the same terms as efficient causality. Aristotle speaks of the conclusion as an "effect" of the premises; his commentators speak of the "sufficiency" of first principles or axioms in producing the conclusion. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:161 HUME ON RESPONSIBILITY For Hume, to hold a person morally responsible for an action is morally to approve of him or to blame him in virtue of the action. Moreover, as he says in the Treatise of Human Nature, "approbation or blame... is nothing but a fainter and more imperceptible love or hatred." How must an action be related to a person in order for the person to (...) be held morally responsible for the action? Since to hold a person morally responsible for an action is morally to approve of him or to blame him in virtue of the action, and since moral approval or blame is nothing but a fainter and more imperceptible love or hatred, the first stage in answering this question is to attempt to answer the following more general question: How must an action be related to a person in order for the person to be loved or hated because of the action? This question, in turn, requires one to consider some of the main features of Hume's account of the passions of love and hatred. One main feature of Hume's account of these passions is that he distinguishes between the object of love and hatred and their causes. Hume says: As the immediate object of pride and humility is self or that identical person, of whose thoughts, actions, and sensations we are intimately conscious; so the object of love and hatred is some other person, of whose thoughts, actions, and sensations we are not conscious (T 329). Though the object of love and hatred be some person other than one-self, the object is not, strictly speaking, the cause, that is, the sole and 162 sufficient cause. For if the other person were the cause, then he would cause both passions in oneself; and since love and hatred nullify one another, neither could ever exist. The causes of love and hatred are complex and diversified. The ingredients of such causes are as follows: First, there are certain general qualities or circumstances. These may be subdivided as follows: (a) mental qualities: qualities of a person such as virtue, knowledge, wit, tend to produce love; those such as vice, ignorance, dullness, tend to produce hatred; (b) bodily features: beauty, strength, swiftness are conducive to love; their opposites, to hatred; (c) external advantages and disadvantages, such as family position, possessions, clothing, etc., can contribute to the production of love or hatred. But, secondly, these qualities or circumstances, considered in abstraction, cannot cause love or hatred. They must be related to the person who is the object of love or hatred. For example, knowing of a beautiful palace cannot lead one to esteem a particular prince unless the palace is related to him by, for instance, being his property. Thirdly, in order for mental qualities, bodily features, or external advantages or disadvantages to produce love or hatred, they must not only be related to the object of these passions; they must also induce pleasure or displeasure. Without pleasure or displeasure, neither love nor hatred could arise. How, then, do actions figure in the causation of love or hatred? An action can cause pleasure or pain. But, for Hume, an action's production of pleasure or pain is a necessary but not a sufficient condition for the production of love or hatred towards the person whose action it is. In addition, 163 the action must be related to the person. But an action is of relatively short duration. Thus, Hume argues: 'Tis not enough, that the action arise from the person, and have him for its immediate cause and author. This relation alone is too feeble and inconstant to be a foundation for these passions. It reaches not the sensible and thinking part, and neither proceeds from any thing durable in him, nor leaves any thing behind it; but passes in a moment, and as if it had never been. On the other hand, an intention shews certain qualities, which, remaining after the action is perform'd, connect it with the person, and facilitate the transition of ideas from one to the other (T 349). Now, as we have seen, Hume holds that 'approbation or blame... is... (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

This article offers a historical analysis of the relationship between the practice of participant-observation among American sociologists and Erving Goffman’s dramaturgical model of the self. He was a social scientist who privileged ethnography in the field over the laboratory experiment, the survey questionnaire, or the mental test. His goal was a natural history of communication among humans. Rather than rely upon standardizing technologies for measurement, Goffman tried to obtain accurate recordings of human behavior through secretive observations. During the 1950s, he (...) conducted three major studies as a participant-observer, disguised from those studied through insincere performances. As originally presented, his dramaturgical theory did not draw upon the theater as the governing metaphor, but rather the confidence game. It is suggested that Goffman’s writings exemplify what Gerd Gigerenzer calls the tools-to-theories heuristic. Goffman’s depiction of the confidence man’s behavior closely mirrored how he and his fellow sociologists described the practice of participant-observation. Both were represented as embedded and attentive yet coolly detached observers skilled at playing different roles as the situation necessitated. The similarities between his own professional behavior and the activities of the confidence man may have suggested to Goffman the latter as a model for human nature. (shrink)

It appears that in the 30 years that business ethics has been a discipline in its own right a model of business ethics has not been proffered. No one appears to have tried to explain the phenomenon known as ‚business ethics’ and the ways that we as a society interact with the concept, therefore, the authors have addressed this gap in the literature by proposing a model of business ethics that the authors hope will stimulate debate. The business ethics model (...) consists of three principal components (i.e. expectations, perceptions and evaluations) that are interconnected by five sub-components (i.e. society expects; organizational values, norms and beliefs; outcomes; society evaluates; and reconnection). The introduced model makes a contribution to the creation of a conceptual framework for business ethics. A few tentative conclusions may be drawn from the introduced model of business ethics. The model aspires to be highly dynamic. The ultimate outcome is dependent upon the evolution of time and contexts. It is also dependent upon and provides reference to the behaviours and perceptions of people. The model proposes business ethics to be a continuous and an iterative process. There is no actual end of the process, but a constant reconnection to the initiation of successive process iterations of the business ethics model. The principals and sub-components of the model construct the dynamics of this continuous process. They provide guidance on what and how to explore our common efforts to understand the phenomenon known as business ethics. The model provides opportunities for further research in the field of business ethics. (shrink)

It appears that in the 30 years that business ethics has been a discipline in its own right a model of business ethics has not been proffered. No one appears to have tried to explain the phenomenon known as 'business ethics' and the ways that we as a society interact with the concept, therefore, the authors have addressed this gap in the literature by proposing a model of business ethics that the authors hope will stimulate debate. The business ethics model (...) consists of three principal components that are interconnected by five sub-components. The introduced model makes a contribution to the creation of a conceptual framework for business ethics. A few tentative conclusions may be drawn from the introduced model of business ethics. The model aspires to be highly dynamic. The ultimate outcome is dependent upon the evolution of time and contexts. It is also dependent upon and provides reference to the behaviours and perceptions of people. The model proposes business ethics to be a continuous and an iterative process. There is no actual end of the process, but a constant reconnection to the initiation of successive process iterations of the business ethics model. The principals and sub-components of the model construct the dynamics of this continuous process. They provide guidance on what and how to explore our common efforts to understand the phenomenon known as business ethics. The model provides opportunities for further research in the field of business ethics. (shrink)

The self-disorder model provides a phenomenological framework for understanding how the core symptoms of Schizophrenia Spectrum Disorders (SSDs) are rooted in an instability of minimal selfhood. This instability involves a range of “anomalous experiences”: transformations in an individual’s perceptual field and sense of being an agent of action. The explanatory value of this theoretical model can be summarized in two claims about the role of anomalous experiences in self-disorders: (1) anomalous experiences express a common trait-like disturbance that is characteristic of (...) SSDs, and (2) anomalous experiences contribute to explanations regarding how self-disorders progress into SSDs. While hypotheses consistent with the first claim have been substantiated in several studies, hypotheses consistent with the second claim remain underexamined. We argue that attending to this gap in the literature requires considering which methodological strategies are best suited for investigating if and how anomalous experiences contribute to the development of self-disorders into SSDs and psychotic states. Network modeling is discussed as one such strategy suitable for examining the role of anomalies of lived-world in the maintenance of paranoid delusions in SSDs. (shrink)

This paper examines one of the historical antecedents of Big Data, the social physics movement. Its origins are in the scientific revolution of the 17th century in Western Europe. But it is not named as such until the middle of the 19th century, and not formally institutionalized until another hundred years later when it is associated with work by George Zipf and John Stewart. Social physics is marked by the belief that large-scale statistical measurement of social variables reveals underlying relational (...) patterns that can be explained by theories and laws found in natural science, and physics in particular. This larger epistemological position is known as monism, the idea that there is only one set of principles that applies to the explanation of both natural and social worlds. Social physics entered geography through the work of the mid-20th-century geographer William Warntz, who developed his own spatial version called “macrogeography.” It involved the computation of large data sets, made ever easier with the contemporaneous development of the computer, joined with the gravitational potential model. Our argument is that Warntz's concerns with numeracy, large data sets, machine-based computing power, relatively simple mathematical formulas drawn from natural science, and an isomorphism between natural and social worlds became grounds on which Big Data later staked its claim to knowledge; it is a past that has not yet passed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Layers of Seeing and Seeing through Layers: The Work of Art in the Age of Digital ImageryLouisa Wood Ruby (bio)Even the most perfect reproduction of a work of art is lacking in one element: its presence in time and space, its unique existence at the place where it happens to be. This unique existence of the work of art determined the history to which it was subject throughout the (...) time of its existence. This includes the changes which it may have suffered in physical condition over the years as well as the various changes in its ownership.—Walter Benjamin, The Work of Art in the Age of Mechanical Reproduction, 1936In consulting on or creating a Web site designed to use works of art for teaching purposes, it is extremely important to be aware of the differences between seeing an artwork “in the flesh” and in reproduction. Museum educators are highly aware of this disparity and are therefore eager to have students visit museums to experience authentic works of art instead of seeing them only in books, slides, or on Web sites. Already in 1936, Walter Benjamin called attention to the drawbacks of reproductions; his words resonate all the more in our age of digital image overload. Easy access to images is, of course, desirable, and the advanced technologies we now have can even aid our understanding of a work of art. Nonetheless, the physical experience of standing in front of a work of art can never be replicated by seeing it on a flat screen or a piece of paper. In this article I will examine the advantages, disadvantages, differences, and similarities between looking at a Web-based image of a Rembrandt painting, a photograph of a Rembrandt painting, and actually standing in front of one of his original works. I will also discuss the more advanced technologies for examining paintings and how they can help us “see” further into a work of art and increase our understanding of it. [End Page 51]When standing in front of a painting, you are seeing a three-dimensional object with a history of its own. Its nicks, the dings in its frame, its true colors and texture, its exact size, the quality of the brushstrokes, and the amount of paint are all visible to the careful observer, who stands in a long line of viewers over the centuries who have appreciated the artist’s achievement. When approached from different angles, a painting in real space can even seem to vary in the mood it conveys or the impression it gives. A striking demonstration of this phenomenon occurred during a recent visit to the Metropolitan Museum of Art, when Rika Burnham, a museum educator, divided our Rembrandt Project group in half and asked us to look at Rembrandt’s 1660 Self-Portrait from different angles and describe the sitter’s mood. When we compared notes, our impressions of the painting were so different that an outside listener would have thought we were looking at two completely different paintings. We then switched angles, and our respective impressions changed dramatically. Effects of light (shadows, highlights, color) and interpretations of elements in the painting, such as the hand or the hat, had been affected by the angle from which we had approached the work, and these minor adjustments had significantly altered the way we “read” the painting.This kind of experience is of course not possible when looking at a photograph of a work of art. A photograph can be very useful and can usually tell you much about a painting, but, unfortunately, the photograph itself is an object that was taken at a specific time and place, under specific circumstances that might or might not be ideal for capturing the essence of what it is trying to reproduce. Because the angle from which a photograph is taken remains static, it only allows us to experience the painting from one direction, under the given set of lighting conditions. Other problems abound. Two color reproductions of a given painting will more than likely offer wildly different color tonalities because photographs and reproductions in many publications imperfectly correct for color. Lighting of the painting may... (shrink)

How can governments and peoples better hold to account international economic institutions, such as the WTO, the World Bank, and the IMF? This article proposes an approach based on public accountability, advocating improvements in four areas: constitutional, political, financial, and internal accountability.The argument for more accountability is made with two caveats: more accountability is not always good–it can be distorting and costly; and, enhancing the accountability of international institutions should not justify increasing their jurisdiction for the sake of reducing (...) the role of national governments. Constitutional accountability poses limits on how the institutions expand their activities, requiring the active consent of all members and particularly those most affected by their activities. Political accountability requires that those who make decisions in the organizations are directly answerable to all member governments and not just to the most powerful ones. The institutions' uneven record and structure of financial accountability is addressed through a model of mutual restraint. Finally, the internal accountability should ensure that technical decisions are distinguishable from political decisions. A better matching of the right kinds of accountability to the activities of the organizations would improve both their effectiveness and legitimacy. (shrink)

Dickens’s relationship with the Arts has confounded or silenced some of the most eminent critics from his day to ours. His own reticence on the topic likewise makes the idea of a book on Dickens and the Arts a little odd or dissonant. Though as this volume makes clear, he was well versed in a range of high and low arts, he was seemingly determined to embrace, if not the wrong side of the cultural track, metaphorically speaking, a different track. (...) The Introduction is structured around four broad areas which are key to an understanding of both the ideological underpinnings of shifting definitions of the Arts, and to an understanding of the reasons for Dickens’s complex relationship to the idea of the Arts: money/materialism; hierarchies of privilege; yardsticks of criticism or artistic judgement; the public good. There is an uneasy relationship between ‘the Arts’ and all four areas, between Dickens and all four, and between Dickens and the Arts understood via these frames, which are commonly invoked in discussions of the Arts. The contention of this volume is that, far from being a philistine who had no interest in the Arts, Dickens’s apparent reticence in an industrial age where the value and function of the Arts was uniquely important in public debate, masks a complex and sophisticated vision (if not theory) of the Arts in the modern era, which is, and was, ahead of its time. Dickens’s philosophy of art in fact works to complicate in subtle ways the idea of an opposition between idealist and integrationist views of the aesthetic, though its most characteristic thrust is integrationist. (shrink)

Blaise Pascal is highly regarded as a religious moralist, but he has rarely been given his due as an ethical theorist. The goal of this article is to assemble Pascal's scattered thoughts on moral judgment and moral wrongdoing into an explicit, coherent account that can serve as the basis for further scholarly reflection on his ethics. On my reading, Pascal affirms an axiological, social-intuitionist account of moral judgment and moral wrongdoing. He argues that a moral judgment is an immediate, intuitive (...) perception of moral value that we willfully disregard in favor of the attractive, though self-deceptive, deliverances of our socially constructed imaginations. We can deceive ourselves so easily because our capacity to evaluate goods is broken, a dark legacy of the fall. In the article's concluding section, I briefly compare Pascal to contemporary ethicists and suggest directions for future research. (shrink)

Against the common view that a European identity is a functional precondition for legitimate EU governance, this article argues that conceptual weaknesses of the term ‘collective identity’ have led to a confusion of several analytic dimensions of ‘identity’ and to an overestimation of strong forms of collective identity. Insights provided by analytic philosophy will be introduced in order to redefine and differentiate ‘collective identity’. The ways in which people refer to themselves as members of (...) we-groups will be outlined and illustrated in order to contribute to an innovative model of the problem and therefore the policy-related formation of collective identities. The article concludes that a strong European identity is not a functional precondition for legitimate everyday democratic governance in the EU. Only in extraordinary situations and in order to institutionalize integration in ethically sensitive policy fields is it necessary that EU citizens discursively agree on an ethical self-understanding of their way of life. (shrink)

What makes any investigative field a scientific discipline? This article argues that disciplines are ever-changing frameworks within which scientific activity is organised. Moreover, disciplinarity is not a yes or no proposition: scientific activities may achieve degrees of identity development. Degree of consensus is the key, and consensus on many questions (conceptual, methodological, institutional, and social) varies among sciences. Lastly, disciplinary development is non-teleological. Disciplines pass through no regular stages on their way from immature to mature status, designations articulated within (...) the rhetoric of discipline formation. Scientists assemble disciplines using many elements: phenomena, methods, instruments, theories, analytical techniques, and institutional tools such as journals, government bureaus, and university positions. Scientists created geophysics during the nineteenth and twentieth centuries through such a combination. Whether geophysics became a discipline depends on how discipline is defined. (shrink)

It is one thing for a given proposition to follow or to not follow from a given set of propositions and it is quite another thing for it to be shown either that the given proposition follows or that it does not follow.* Using a formal deduction to show that a conclusion follows and using a countermodel to show that a conclusion does not follow are both traditional practices recognized by Aristotle and used down through the history of logic. These (...) practices presuppose, respectively, a criterion of validity and a criterion of invalidity each of which has been extended and refined by modern logicians: deductions are studied in formal syntax (proof theory) and coun¬termodels are studied in formal semantics (model theory). The purpose of this paper is to compare these two criteria to the corresponding criteria employed in Boole’s first logical work, The Mathematical Analysis of Logic (1847). In particular, this paper presents a detailed study of the relevant metalogical passages and an analysis of Boole’s symbolic derivations. It is well known, of course, that Boole’s logical analysis of compound terms (involving ‘not’, ‘and’, ‘or’, ‘except’, etc.) contributed to the enlargement of the class of propositions and arguments formally treatable in logic. The present study shows, in addition, that Boole made significant contributions to the study of deduc¬tive reasoning. He identified the role of logical axioms (as opposed to inference rules) in formal deductions, he conceived of the idea of an axiomatic deductive sys¬tem (which yields logical truths by itself and which yields consequences when ap¬plied to arbitrary premises). Nevertheless, surprisingly, Boole’s attempt to imple¬ment his idea of an axiomatic deductive system involved striking omissions: Boole does not use his own formal deductions to establish validity. Boole does give symbolic derivations, several of which are vitiated by “Boole’s Solutions Fallacy”: the fallacy of supposing that a solution to an equation is necessarily a logical consequence of the equation. This fallacy seems to have led Boole to confuse equational calculi (i.e., methods for gen-erating solutions) with deduction procedures (i.e., methods for generating consequences). The methodological confusion is closely related to the fact, shown in detail below, that Boole had adopted an unsound criterion of validity. It is also shown that Boole totally ignored the countermodel criterion of invalid¬ity. Careful examination of the text does not reveal with certainty a test for invalidity which was adopted by Boole. However, we have isolated a test that he seems to use in this way and we show that this test is ineffectual in the sense that it does not serve to identify invalid arguments. We go beyond the simple goal stated above. Besides comparing Boole’s earliest criteria of validity and invalidity with those traditionally (and still generally) employed, this paper also investigates the framework and details of THE MATHEMATICAL ANALYSIS OF LOGIC. (shrink)

John Woods' The Logic of Fiction, now thirty-five years old, is a ground-breaking event in the establishment of the semantics of fiction as a stand-alone research programme in the philosophies of language and logic. There is now a large literature about these matters, but Woods' book retains a striking freshness, and still serves as a convincing template of the treatment options for the field's key problems. The book now appears in a second edition with a new Foreword by (...) Nicholas Griffin and an extended bibliography covering the period 1969-2009. As Griffin notes in his Foreword, it is "surprising on looking back to discover how little was written on the semantics of fiction before John Woods' The Logic of Fiction was published in 1974. The surprise is the greater because Woods' book appeared after almost a quarter century of fierce philosophical debate about reference Fictional discourse, one would have thought, would be an important testing ground for philosophical theories of referential expressions and one, moreover, in which the standard theories would likely be tested to destruction. " " One of the great merits of Woods' book is that it takes seriously the wide-ranging demands that fiction imposes on logic and semantics, and does not try to force fiction into some pre-conceived logical mould. but thanks to Woods' pioneering efforts, we are much closer to one now than we were when he set out to write his book. His book was not the last word on the logic of fiction; it was much more important: it was nearly the first." NICHOLAS GRIFFIN is Canada Research Chair in Philosophy at McMaster University. Recent publications include Russell vs Meinong: The Legacy of "On Denoting," edited with Dale Jacquette. JOHN WOODS is Director of the Abductive Systems Group at the University of British Columbia and Charles S. Peirce Visiting Professor of Logic in the Group on Logic and Computational Science, King's College London. He has two forthcoming books on fiction - an edited volume, Fictions and Models: New Essays, and a research monograph, Sherlock's Member: New Perspectives on the Semantics of Fiction, both to appear in 2010. (shrink)

This is an in-depth study of J.G. Fichte’s philosophy of mathematics and theory of geometry. It investigates both the external formal and internal cognitive parallels between the axioms, intuitions and constructions of geometry and the scientific methodology of the Fichtean system of philosophy. In contrast to “ordinary” Euclidean geometry, in his Erlanger Logik of 1805 Fichte posits a model of an “ursprüngliche” or original geometry – that is to say, a synthetic and constructivistic conception grounded in ideal archetypal elements that (...) are grasped through geometrical or intelligible intuition. -/- Accordingly, this study classifies Fichte’s philosophy of mathematics as a whole as a species of mathematical Platonism or neo-Platonism, and concludes that the Wissenschaftslehre itself may be read as an attempt at a new philosophical mathesis, or “mathesis of the mind.” -/- “This work testifies to the author's exact and extensive knowledge of the Fichtean texts, as well as of the philosophical, scientific and historical contexts. Wood has opened up completely new paths for Fichte research, and examines with clarity and precision a domain that up to now has hardly been researched.” Professor Dr. Marco Ivaldo -/- “This study, written in a language distinguished by its limpidity and precision, and constantly supported by a close reading of the Fichtean texts and secondary literature, furnishes highly detailed and convincing demonstrations. In directly confronting the difficult historical relationship between the Wissenschaftslehre and mathematics, the author has broken new ground that is at once stimulating, decidedly innovative, and elegantly audacious.” Professor Dr. Emmanuel Cattin. (shrink)

Thomas Hobbes has been hailed as the philosopher of power par excellence; however, I demonstrate that Hobbes’s conceptualization of political power is not stable across his texts. Once the distinction is made between the authorized and the effective power of the sovereign, it is no longer sufficient simply to defend a doctrine of the authorized power of the sovereign; such a doctrine must be robustly complemented by an account of how the effective power commensurate to this authority might be achieved. (...) Nor is this straightforward: for effective political power can fluctuate, sometimes severely. In this light, the prevalent juridical reading of Hobbes’s political philosophy is inadequate. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Notes and Fragments SARTRE AND SEXISM by Hazel E. Barnes Insofar as is possible, I want to consider here not Sartre the man but Sartre the philosopher—or, more precisely, the philosophy of Sartre. To askwhether Sartre's long association with Simone de Beauvoir was a model of human relations at their best or an example ofbad faith on both sides is not to my present purpose. Nor are his numerous, (...) sometimes rather unsavory affairs with other women. Of course, the man and his work cannot be separated entirely. Sartre himselfadmitted that despite his wholehearted support of women's liberation, there remained in him vestiges of ingrained male chauvinism which he found difficult to eradicate.1 We should expect to find echoes of these in his writing, and we do—not in the ideas but in the imagery and rhetoric, and these not only in the fiction but in the philosophical works. The grossest example is the well-known passage in which Sartre discusses the "existential meanings" ofslime and holes.2 Slime, the great "Antivalue," is "a moist and feminine sucking" and "a sickly-sweet feminine revenge." Moreover—and this is even worse—Sartre allows his meditation on holes to lead by a process of his own associations to the idea ofa woman's sex as "a voracious mouth" evoking the male castration complex. This is not the only place where Sartre links female with notions of a treacherous receptivity. Furthermore, such passages are complemented by others where Sartre employs male sexual imagery to describe the activity of consciousness. Knowledge is portrayed as penetration and conquest. He points out, without objecting, that banal metaphors of everyday language suggest that "knowing" has overtones of carnal knowing and sexual violation: "What is seen is possessed; to see is to deflower.... The unknown object is given as immaculate, as Philosophy and Literature, © 1990, 14: 340-347 Hazel E. Barnes341 virgin, comparable to a whiteness.... Man has not yet 'snatched' its secret away from it.... Figures of speech... like that of the 'unviolated depths of nature' suggest the idea ofsexual intercourse more plainly."3 There can be no doubt that a full investigation ofthe linguistic codes in Sartre's writing would reveal him to be a man comfortably ensconced in a world of male dominance. Yet Collins and Pierce in their excellent article, "Holes and Slime: Sexism in Sartre's Psychoanalysis," even as diey deplore Sartre's sexist language and his failure to depict any fictional female characters as embodiments of existential authenticity, admit that these weaknesses are at variance with the central philosophy ofBeing and Nothingness and not derived logically from it.4 I agree, and diat is why I hold that the sexism is there but is contingent, relevant to our appraisal of die writer but not essential to ourjudgment on the philosophy and its potential value as a support to feminism. In saying this I am partially making the sort of distinction employed by Jean Grimshaw, who points out that a philosophy built on male assumptions may exclude women essentially as with Kant, inconsistendy as with Aristode, or inadvertendy as with Descartes.5 The difference with Sartre is that in spite of the occasional lapse into traditional male linguistic tropes, the work, like its author, is notjust theoretically egalitarian but concerned explicidy with forms of oppression and the problems of disfavored groups. More than that of any other male writer, Sartre's philosophy seems to me to demand feminism as one of its natural consequences. That diis has been historically true is shown, ofcourse, by the fact that Simone de Beauvoir used Sartrean existentialism as the foundation for her own original analysis of women's situation in TL· Second Sex. The irony is diat this book, which played a key role in launching the movement for women's liberation throughout the world, has been adversely criticized by later feminists precisely on the grounds of its Sartrean orientation, along with Beauvoir's emphasis on women's right to share the things men value rather than to challenge those values. Beauvoir herself later recognized that the book did not go far enough, but she never renounced what she had written there. My claim... (shrink)

Irigaray's insistence on sexual difference as the primary difference arises out of a phenomenological perception of nature. Drawing on Heidegger's insights into physis, she begins with his critique of the nature/culture binary. Both philosophers maintain that nature is not matter to be ordered by technical know-how; yet Irigaray reveals that although Heidegger distinguishes physis from techn in his work, his forgetting of the potentiality of matter, the maternal-feminine, and the two-fold essence of being as sexual difference means that his own (...) concept of physis can be understood as another techn. Focussing in particular upon Heidegger's interpretation of Aristotle's privileging of morphé over hylé as a description of presencing into appearance, I show that for Irigaray the movements of presencing and absencing emerge out of a metaphysics that does not take into account the fluidity, the mixtures and interpenetrations of a nature that is limited by fecundity not by death. Our oblivion to nature is the greatest danger, and thus attending to our embodied and hence sexuate nature holds the promise of a new age, since it is rooted in the possibilities of the flesh revealed through the cultivated perception of sexual difference. (shrink)

While Sartre scholars cannot fairly be described as being opposed to science, they have, for the most part, stayed aloof. The field of psychology, of course, has been an exception. Sartre himself felt compelled to present his own existential psychoanalysis by marking the parallels and differences between his position and traditional approaches, particularly the Freudian. The same is true with respect to his concept of bad faith and of emotional behavior. Scholars have followed his lead with richly productive results. But (...) we may note that the debate has centered on psychic and therapeutic issues, aspects of what Sartre called le vécu or lived experience, rather than on the findings of cognitive science or neuroscience. Although all existentialists and phenomenologists accept as a central tenet the fact that consciousness is embodied, there has been virtually no concern with the biological substratum. But the study of consciousness cannot be restricted within its own narrow confines—unlike, say, Greek grammar, which can be learned without reference to the rules of Arabic. At some point, there must be established an organic foundation for the behavior of the conscious organism. (shrink)

Corporate social responsibility (CSR) is a dramatically expanding area of activity for managers and academics. Consumer demand for responsibly produced and fair trade goods is swelling, resulting in increased demands for CSR activity and information. Assets under professional management and invested with a social responsibility focus have also grown dramatically over the last 10 years. Investors choosing social responsibility investment strategies require access to information not provided through traditional financial statements and analyses. At the same time, a group of mainstream (...) institutional investors has encouraged a movement to incorporate environmental, social, and governance information into equity analysis, and multi-stakeholder groups have supported enhanced business reporting on these issues. The majority of research in this area has been performed on European and Australian firms. We expand on this literature by exploring the CSR disclosure practices of a size- and industry-stratified sample of 50 publicly traded U.S. firms, performing a content analysis on the complete identifiable public information portfolio provided by these firms during 2004. CSR activity was disclosed by most firms in the sample, and was included in nearly half of public disclosures made during that year by the sample firms. Areas of particular emphasis are community matters, health and safety, diversity and human resources (HR) matters, and environmental programs. The primary venues of disclosure are mass media releases such as corporate websites and press releases, followed closely by disclosures contained in mandatory filings. Consistent with prior research, we identify industry effects in terms of content, emphasis, and reporting format choices. Unlike prior research, we can offer only mixed evidence on the existence of a size effect. The disclosure frequency and emphasis is significantly different for the largest one-fifth of the firms, but no identifiable trends are present within the rest of the sample. There are, however, identifiable size effects with respect to reporting format choice. Use of websites is positively related to firm size, while the use of mandatory filings is negatively related to firm size. Finally, and also consistent with prior literature, we document a generally self-laudatory tone in the content of CSR disclosures for the sample firms. (shrink)

Governing nursing conduct: the rise of evidence‐based practice Drawing on the Foucauldian concept of ‘governmentality’ to analyse the evidence‐based movement in nursing, we argue that it is possible to identify the governance of nursing practice and hence nurses across two distinct axes; that of the political (governance through political and economic means) and the personal (governance of the self through the cultivation of the practices required by nurses to put evidence into practice). The evaluation of nursing work (...) through evidence‐based reviews provides detailed information that may enable governments to target and instruct nurses regarding their work in the interest of preserving the health of the population as a whole. Political governance of the nursing population becomes possible through centralised discursive mechanisms, such as evidence‐based reviews that present nursing practice as an intelligible field whose elements are connected in a more or less systematic manner. The identity of the evidence‐based nurse requires the modern nurse to develop new skills and attitudes. Evidence‐based nursing is an emerging technology of government that judges nursing research and knowledge and has the capacity to direct nursing practice at both the political and personal level. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Psychopathy, Other-Regarding Moral Beliefs, and ResponsibilityLloyd Fields (bio)AbstractIn this paper I seek to show that at least one kind of psychopath is incapable of forming other-regarding moral beliefs; hence that they cannot act for other-regarding moral reasons; and hence that they are not appropriate subjects for the assessment of either moral or legal responsibility. Various attempts to characterize psychopaths are considered and rejected, in particular the widely held view (...) that psychopaths are, in general, incapable of understanding moral concepts. The particular disability proposed here, the incapacity to form other-regarding moral beliefs, is then derived from an analysis of what is required for someone to be a responsible agent. This is illustrated with a detailed case history. A defect of this kind is shown to vitiate moral responsibility, because it renders the psychopath irresponsive to the social pressures which normally ensure respect for moral norms. It is also shown that the psychopath is not a suitable subject for the assessment of legal responsibility, because he lacks the capacity to act from common prudence to avoid sanctions. I conclude that the attempt to characterize particular defects from among the heterogeneity of psychopathic subjects, could lead to better targeted, and hence to more effective, management of particular cases.KeywordsCriminality, mental illness, personality disorder, blame, liability, moral beliefs, guilt, social moralityIntroductionThe term “psychopath” has been used with a wide variety of different meanings and, no doubt, covers a heterogeneous group of subjects (Criminal behaviour and mental health 1992). My aim in this paper is to argue that at least a subgroup of those subjects are characterized by an inability to form other-regarding moral beliefs—and hence, for this particular reason, are not morally responsible agents—and that they also lack the capacity for prudence, and hence are not legally responsible agents.I begin by distinguishing the particular sense in which I will be using the term “psychopathy.” I then consider some suggestions in the literature regarding the defect by which psychopaths might be characterized—that they are mentally ill, or incapable of understanding moral concepts. In rejecting these, I come to the suggestion that the relevant defect is an inability to form other-regarding moral beliefs, a defect which is graphically illustrated by a case report from the literature. I explore the implication of this kind of defect for [End Page 261] moral responsibility as a socially-embedded notion, and the implication of the psychopath’s inability to exercise prudence in relation to legal liability.Nothing in this paper should be taken to suggest that psychopaths are irredeemable. On the contrary, as I argue in an endnote, correctly characterizing the defect from which they suffer leads directly to forms of treatment whose effectiveness has acquired a measure of empirical support.The Nature of PsychopathyPsychopathy is not a homogeneous concept; there are different types of psychopaths. For example, Henderson identified a type of psychopath who he classified as “Predominantly Creative,” exemplified by such figures as T. E. Lawrence and Joan of Arc. In people of this type genius is associated with heightened sensitivity, psychosexual immaturity and emotional instability (Henderson 1939, 108–20; Henderson and Gillespie 1969, 317). Predominantly creative psychopaths do not come within my purview.By “psychopathy” I shall mean the specific form of personality disorder described by Cleckley in his book, The Mask of Sanity (Cleckley 1964). Cleckley’s description forms the basis of Hare’s Revised (20-item) Psychopathy Checklist. The Checklist includes the following personality traits and deviant behaviors:1. Glibness/superficial charm.2. Grandiose sense of self-worth.3. Need for stimulation/proneness to boredom.4. Pathological lying.5. Conning/manipulative.6. Lack of remorse or guilt.7. Shallow affect.8. Callous/lack of empathy.9. Parasitic lifestyle.10. Poor behavioral controls.11. Promiscuous sexual behavior.12. Early behavior problems.13. Lack of realistic, long-term plans.14. Impulsivity.15. Irresponsibility.16. Failure to accept responsibility for own actions.17. Many short-term marital relationships.18. Juvenile delinquency.19. Revocation of conditional release.20. Criminal versatility (Hare 1986, 18). 1This conceptualization resembles in many respects the category of Antisocial Personality Disorder as described in the American Psychiatric... (shrink)

While Sartre scholars cannot fairly be described as being opposed to science, they have, for the most part, stayed aloof. The field of psychology, of course, has been an exception. Sartre himself felt compelled to present his own existential psychoanalysis by marking the parallels and differences between his position and traditional approaches, particularly the Freudian. The same is true with respect to his concept of bad faith and of emotional behavior. Scholars have followed his lead with richly productive results. But (...) we may note that the debate has centered on psychic and therapeutic issues, aspects of what Sartre called le vécu or lived experience, rather than on the findings of cognitive science or neuroscience. Although all existentialists and phenomenologists accept as a central tenet the fact that consciousness is embodied, there has been virtually no concern with the biological substratum. But the study of consciousness cannot be restricted within its own narrow confines—unlike, say, Greek grammar, which can be learned without reference to the rules of Arabic. At some point, there must be established an organic foundation for the behavior of the conscious organism. (shrink)

Cosmopolitanism seems to appeal to liberal neutrality because both are committed to core values such as reciprocity, autonomy, respect for the individual, personal accountability, and inclusivity. Further, cosmopolitanism is legitimate for many only insofar as it endorses value-pluralism in open societies, which is a staple of liberal neutrality. And yet, one might think that there is a moral obligation to create a cosmopolitan community. One can think of this as moral (normative) cosmopolitanism. To the end of creating a cosmopolitan community, (...) certain values ought to be fostered in laws and public policies, and certain attitudes ought to be cultivated. This leads to a potential impasse, namely if cosmopolitanism is committed to neutrality then it cannot promote its normativity, and if it is not committed to neutrality then it cannot promote value-pluralism. I propose a solution to this potential impasse by examining several of the democratic and cosmopolitan commitments of Alain Locke. What I take from Locke is his grounding of both pluralism and moral cosmopolitanism in democratic, time-honored principles that exist in all acts of free association, namely: liberty, equality, and fraternity. These values, of necessity, pervade all political conceptions of good lives because all political conceptions require what acts of free association allow, namely community with others. To this end, I provide an argument for how someone can consistently be committed to both moral cosmopolitanism and liberal neutrality. (shrink)

Cosmopolitanism seems to appeal to liberal neutrality because both are committed to core values such as reciprocity, autonomy, respect for the individual, personal accountability, and inclusivity. Further, cosmopolitanism is legitimate for many only insofar as it endorses value-pluralism in open societies, which is a staple of liberal neutrality. And yet, one might think that there is a moral obligation to create a cosmopolitan community. One can think of this as moral cosmopolitanism. To the end of creating a cosmopolitan community, certain (...) values ought to be fostered in laws and public policies, and certain attitudes ought to be cultivated. This leads to a potential impasse, namely if cosmopolitanism is committed to neutrality then it cannot promote its normativity, and if it is not committed to neutrality then it cannot promote value-pluralism. I propose a solution to this potential impasse by examining several of the democratic and cosmopolitan commitments of Alain Locke. What I take from Locke is his grounding of both pluralism and moral cosmopolitanism in democratic, time-honored principles that exist in all acts of free association, namely: liberty, equality, and fraternity. These values, of necessity, pervade all political conceptions of good lives because all political conceptions require what acts of free association allow, namely community with others. To this end, I provide an argument for how someone can consistently be committed to both moral cosmopolitanism and liberal neutrality. (shrink)

In this paper I call into question the commonplace assumption in Anglophone Nietzsche scholarship that ideal psychological self-cultivation comes about solely by means of the sublimation of all of one's drives. While the psychological incorporation of one’s drives and instincts plays a crucial role in promoting what Nietzsche considers a higher self, I argue that some degree of removal and elimination of particular drives and instincts could be, perhaps necessarily is, involved in ideal cases. Yet I will suggest that we (...) should not think of these cases as constituting ‘repressions’. I will seek to offer a better characterization of the discussions of productive removal and elimination in Nietzsche’s texts, and consider how they fit in his model of self-cultivation. Nietzsche’s texts demonstrate a more nuanced understanding of the ways in which certain kinds of removal and elimination can lead to greater integration for the would-be exemplary individual. My reading, I argue, helps to better understand the instances in the texts where Nietzsche valorizes the removal of particular drives and instincts. (shrink)

ABSTRACTIn this paper I call into question the commonplace assumption in Anglophone Nietzsche scholarship that ideal psychological self-cultivation comes about solely by means of the sublimation of all of one's drives. While the psychological incorporation of one’s drives and instincts plays a crucial role in promoting what Nietzsche considers a higher self, I argue that some degree of removal and elimination of particular drives and instincts could be, perhaps necessarily is, involved in ideal cases. Yet I will suggest that we (...) should not think of these cases as constituting ‘repressions’. I will seek to offer a better characterization of the discussions of productive removal and elimination in Nietzsche’s texts, and consider how they fit in his model of self-cultivation. Nietzsche’s texts demonstrate a more nuanced understanding of the ways in which certain kinds of removal and elimination can lead to greater integration for the would-be exemplary individual. My reading, I argue, helps to better understand the instances in the texts where Nietzsche valorizes the removal of particular drives and instincts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Don Quijote and the Law of LiteratureCarl Good (bio)The part is one of these beings, the whole minus this part the other. But the whole minus a part is not the whole and as long as this relationship persists, there is no whole, only two unequal parts.—Rousseau, Social Contract, cited by Paul de Man in Allegories of ReadingBut it is not just that, because it is also a (...) performative.... There is first a performative, the act of positing..., which then moves to a system of tropes; a kind of anamorphosis of tropes takes place, in which all the tropological systems are engendered, as a result of this original act of positing.... It is circulation which is out of hand,... the sheer circulation or play of the signifier, and which is, as you know, the root of error, madness, stupidity and all other evil.—Paul de Man, “The Concept of Irony”Amid a confusion of narrative inversions, misleading appearances, and unresolvable disputes, at least two things are consistent in Don Quijote de la Mancha: first, the knight’s singular fidelity to what I will refer to as a law of literature, which persists like a phantasm of continuity throughout the larger narrative; and, second, the many interruptions of this narrative by the stories, or episodes, recounted by the characters who cross don Quijote’s path (including the knight himself), in the form of speeches, testimonies, plays, jokes, poems, and so on. In at least one strict sense, these other stories have nothing to do with that path other than their interruptions of it and by it. Such a claim has its own strategic value and does not entirely contradict the reasonings of a long history of critics of the Quijote who have tended to argue from a variety of different standpoints for some kind of ideological cohesion that would bind the smaller episodes to the larger story that they interpolate. But at a certain ground zero of interpretation—albeit a paradoxical ground that prohibits a scholarly shelter to be built on it—no argument would be sufficient to establish such a coherence among the work’s separate narrative parts, since such an argument would live in the brief, oneiric intensity of the critic’s testimony and that testimony’s potential effects rather than in the composition of the work itself somewhere beyond its apprehension by reading. Nonetheless, out of the dismembered ensemble of the Quijote what does perhaps effect its own strange kind of life is the very play of ironic interruptions and frictions between the dismembered parts, the profusion of which seems to impose itself as the work’s own aggressive insistence on itself as something which makes sense possible by constantly provoking and unsettling sense. That is where we could begin to speak of don Quijote himself, not only as the phantasmatic agent of this unsettling but also as the mad promise of justice that could be said to motivate it.The play of interruptions in don Quijote’s own story begins to outline the shifting contours and living contradictions of this novel as a “text” in the sense in which Derrida [End Page 44] and others have used the term: that which “names or relates in its way... [a] conflict without encounter between law and singularity” [“Before the Law” 187]. Although the story of this “encounter” has been often recounted, it bears another citation here, at least because it seems to be forgotten more often than it is told. Even when it is told, the story is often muted in homage to the name of Derrida by writers who tacitly assume that Derrida’s is the only possible version of this “conflict without encounter.” That version would be better described as merely one particular ethical shaping or forcing—a powerful one—of a story that has been told, and remains untold, in uncountable ways. Nonetheless, such a democratic assessment of Derrida does not quite justify a dismissal of his version as merely one among others, since, for one thing, it would be unable to account for the astonishing hold that different versions of Derridean “deconstruction” continue to have on the imagination of North American... (shrink)

I call the Particular Problem of Hell the problem of explaining why God allows a certain set of created persons to populate hell, as opposed to allowing some other set of created persons to do so. This paper proposes a solution to PPH on behalf of proponents of Divine Universal Causality — the view, roughly, that God causes everything distinct from himself to exist at any time it exists. Despite initial appearances, I argue, proponents of DUC can adopt a version (...) of the popular approach to the Problem of Hell sometimes called the Choice Model. My proposal is based upon Eleonore Stump's Thomistically-inspired notion that our wills can enter a state of "quiescence" with respect to a given option. While proponents of DUC will, I argue, most likely find Stump's own quiescence-based solution to PPH unacceptable, there is a way of modifying her approach that renders it compatible with God's causing everything distinct from himself, including the free choices of his creatures. (shrink)

: Faraday is often described as an experimentalist, but his work is a dialectical interplay of concrete objects, visual images, abstract, theoretically-informed visual models and metaphysical precepts. From phenomena described in terms of patterns formed by lines of force he created a general explanation of space-filling systems of force which obey both empirical laws and principles of conservation and economy. I argue that Faraday's articulation of situated experience via visual models into a theory capable of verbal expression owed (...) much to his strategy of moving—via conjectural visual models—between the phenomenology of particulars (often displayed as patterns) and the general features of dynamical phenomena which he depicted as structures. (shrink)

Aristotle tells us that contemplation is the most self-sufficient form of virtuous activity: we can contemplate alone, and with minimal resources, while moral virtues like courage require other individuals to be courageous towards, or courageous with. This is hard to square with the rest of his discussion of self-sufficiency in the Ethics: Aristotle doesn't generally seek to minimize the number of resources necessary for a flourishing human life, and seems happy to grant that such a life will be self-sufficient despite (...) requiring a lot of external goods. In this paper I develop an interpretation of self-sufficiency as a form of independence from external contributors to our activity, and argue that this interpretation accounts both for Aristotle's views on contemplation and for the role self-sufficiency plays in his broader account of human happiness. (shrink)

Philosophical arguments usually are and nearly always should be abductive. Across many areas, philosophers are starting to recognize that often the best we can do in theorizing some phenomena is put forward our best overall account of it, warts and all. This is especially true in esoteric areas like logic, aesthetics, mathematics, and morality where the data to be explained is often based in our stubborn intuitions. -/- While this methodological shift is welcome, it's not without problems. Abductive arguments involve (...) significant theoretical resources which themselves can be part of what's being disputed. This means that we will sometimes find otherwise good arguments which suggest their own grounds are problematic. In particular, sometimes revising our beliefs on the basis of such an argument can undermine the very justification we used in that argument. -/- This feature, which I'll call self-effacingness, occurs most dramatically in arguments against our standing views on the esoteric subject matters mentioned above: logic, mathematics, aesthetics, and morality. This is because these subject matters all play a role in how we reason abductively. This isn't an idle fact; we can resist some challenges to our standing beliefs about these subject matters exactly because the challenges are self-effacing. The self-effacing character of certain arguments is thus both a benefit and limitation of the abductive turn and deserves serious attention. I aim to give it the attention it deserves. (shrink)

The aim of Language for those who have Nothing is to think psychiatry through the writings of Mikhail Bakhtin. Using the concepts of Dialogism and Polyphony, the Carnival and the Chronotope, a novel means of navigating the clinical landscape is developed. Bakhtin offers language as a social phenomenon and one that is fully embodied. Utterances are shown to be alive and enfleshed and their meanings realised in the context of given social dimensions. The organisation of this book corresponds with carnival (...) practices of taking the high down to the low before replenishing its meaning anew. Thus early discussions of official language and the chronotope become exposed to descending levels of analysis and emphasis. Patients and practitioners are shown to occupy an entirely different spatio-temporal topography. These chronotopes have powerful borders and it is necessary to use the Carnival powers of cunning and deception in order to enter and to leave them. The book provides an overview of practitioners who have attempted such transgression and the author records his own unnerving experience as a pseudopatient. By exploring the context of psychiatry's unofficial voices: its terminology, jokes, parodies, and everyday narratives, the clinical landscape is shown to rely heavily on unofficial dialogues in order to safeguard an official identity. (shrink)

This book examines the later work of Paul Ricoeur, particularly his major work, Time and Narrative. The essays, including three pieces by Ricoeur himself, consider this important study, extending and developing the debate it has inspired. Time and Narrative is the finest example of contemporary philosophical hermeneutics and is one of the most significant works of philosophy published in the late twentieth century. Paul Ricoeur's study of the intertwining of time and narrative proposes and examines the possibility that narrative could (...) remedy a fatal deficiency in any purely phenomenological approach. He analysed both literary and historical writing, from Proust to Braudel, as well as key figures in the history of philosophy: Aristotle, Augustine, Kant, Hegel, Husserl and Heidegger. His own recognition of his limited success in expunging aporia opens onto the positive discovery of the importance of narrative identity, on which Ricoeur writes here. Other contributors take up a range of different topics: Tracing Ricoeur's own philosophical trajectory; reflexively applying the narrative approach to philosophy, or to his own text; reconstructing his dialectic of sedimentati and tradition. An essential companion to Time and Narrative, this collection also provides an excellent introduction to Ricoeur's later work and to contemporary works in philosophical hermeneutics. (shrink)

Spanish translation of Field, S. L. (2014). 'Hobbes and the question of power'. Journal of the History of Philosophy, 52(1), 61-86. Thomas Hobbes has been hailed as the philosopher of power par excellence; however, I demonstrate that Hobbes’s conceptualization of political power is not stable across his texts. Once the distinction is made between the authorized and the effective power of the sovereign, it is no longer sufficient simply to defend a doctrine of the authorized power of the sovereign; such (...) a doctrine must be robustly complemented by an account of how the effective power commensurate to this authority might be achieved. Nor is this straightforward: for effective political power can fluctuate, sometimes severely. In this light, the prevalent juridical reading of Hobbes’s political philosophy is inadequate. (shrink)

Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism and (...) voluntarism, such that it will not escape a paradox that arises when self-legislation is unable to appeal to external normative standards. Onora O'Neill anchors self-legislation more firmly to the self-disciplining structures of reason itself. However, she ultimately fails to defend sufficiently unconditional practical norms which could guide legislation. These endemic problems with radical constructivist models of self-legislation prompt a reconstruction of a neglected realist self-legislative tradition which is exemplified by Christian Wolff. In outlining a rationalist and realist account of self-legislation, I argue that it can also make sense of our ability to overcome anomie and deference in practical action. Thus, I claim that we need not make laws but can make them our own. (shrink)