In this paper, we summarize the various impacts of incarceration with the aim of providing an overview of the ways mass incarceration affects society. In doing so, we look inside the black box of the largest penal experiment in world history: the quintupling of the prison population in the United States between 1973 and 2006. The question is, "What have been the social consequences of our incarceration policy?"One objective is to provide insight into what might be called the prison policy (...) paradox, namely, that a 500% generation_long growth in imprisonment has had little impact on crime. Answers are provided by looking inside the black box of penal policy and by identifying the various ways incarceration leads to social outcomes that are associated with public safety. The paper considers the problem of "public safety," because safety is a broader concept than crime. Though a desire for public safety includes a desire for low rates of crime, public safety connotes a more profound interest we have to live in a society where we feel secure pursuing our personal goals and fulfilling our life desires Using public safety as our criteria enables us to consider the ways incarceration affects our quality_of_life, especially through the way incarceration affects the informal social relations that promote the kind of profound social control that is a foundation for a sense of feeling safe.Three types of effects are described. Positive effects are those that improve public safety, negative effects reduce public safety, and "ambivalent" effects have the capacity to be both positive and negative. Five levels of social impacts on public safety are assessed:o Effects on individuals that change the way people act;o Effects on intimate relationships such as those with families and other loved ones;o Effects on social relationships that are felt as community_level outcomes;o Effects on institutions such as labor markets and the political economy;o Effects on democracy or social justice.Thus, the purpose of this paper is to summarize what is known, empirically and experientially, about the positive and negative ways incarceration affects levels of social expression. (shrink)

Emissions arising from the production and consumption of food are acknowledged as a major contributor to climate change. From a consumer’s perspective, however, the sustainability of food may have many meanings: it may result from eating less meat, becoming vegetarian, or choosing to buy local or organic food. To explore what food sustainability means to consumers, and what factors lead to changes in food practice, we adopt a sociotechnical approach to compare the food consumption practices in North West England with (...) two differing consumer groups. The first, supermarket shoppers ‘embedded’ in the mainstream food regime; and the second, who self-identify as sustainable food practitioners, and who perform a range of sustainable food consumption practices. We examine how our two groups experience changes in food practices and identify ‘fractures’ stemming from lifecourse and public events that emerge as points where change might occur. We suggest that ‘sharing spaces’ would be one possibility for prompting and nurturing fractures that can lead to greater sustainability in food practices. (shrink)

In the fallout from the war on terror is a revived Cold War, with more nuclear players than ever, across even more dry-tinder landscapes around the world.

Written by one of today's most creative and innovative philosophers, Ruth Garrett Millikan, this book examines basic empirical concepts; how they are acquired, how they function, and how they have been misrepresented in the traditional philosophical literature. Millikan places cognitive psychology in an evolutionary context where human cognition is assumed to be an outgrowth of primitive forms of mentality, and assumed to have 'functions' in the biological sense. Of particular interest are her discussions of the nature of abilities as different (...) from dispositions, her detailed analysis of the psychological act of reidentifying substances, and her critique of the language of thought for mental representation. In a radical departure from current philosophical and psychological theories of concepts, this book provides the first in-depth discussion on the psychological act of reidentification. (shrink)

A passionate defence of humanity and a work of radical optimism from the international bestselling author of Postcapitalism How do we preserve what makes us human in an age of uncertainty? Are we now just consumers shaped by market forces? A sequence of DNA? A collection of base instincts? Or will we soon be supplanted by algorithms and A.I. anyway? In Clear Bright Future, Paul Mason calls for a radical, impassioned defence of the human being, our universal rights and (...) freedoms and our power to change the world around us. Ranging from economics to Big Data, from neuroscience to the culture wars, he draws from his on-the-ground reporting from mass protests in Istanbul to riots in Washington, as well as his own childhood in an English mining community, to show how the notion of humanity has become eroded as never before. In this book Paul Mason argues that we are still capable - through language, innovation and co-operation - of shaping our future. He offers a vision of humans as more than puppets, customers or cogs in a machine. This work of radical optimism asks: Do you want to be controlled? Or do you want something better? (shrink)

The product of a Kickstarter fundraising campaign, "Clear and Present Thinking" is a college-level textbook in logic and critical thinking. Chapters: 1. Questions, Problems, and World Views 2. Good and Bad Thinking Habits 3. Basics of Argumentation 4. Fallacies 5. Reasonable Doubt 6. Moral Reasoning In an effort to reduce the cost of education for students, this textbook was funded by over 700 people through the Kickstarter online crowd-funding platform.

Descartes's general rule that “whatever is clearly and distinctly perceived is true” has traditionally been criticized on two closely related grounds. As Leibniz, for example, puts it, clearness and distinctness are of no value as criteria of truth unless we have criteria of clearness and distinctness; but Descartes gives none. And consequently, the standards of judgment which the rule in fact evokes are purely subjective and psychological. There must hence be set up analytic, logical “marks” by means of which it (...) can infallibly and without arbitrariness be recognized whether any ideas or propositions are or are not clear and distinct. (shrink)

Clearing algorithms are at the core of modern payment systems, facilitating the settling of multilateral credit messages with (near) minimum transfers of currency. Traditional clearing procedures use batch processing based on MILP - mixed-integer linear programming algorithms. The MILP approach demands intensive computational resources; moreover, it is also vulnerable to operational risks generated by possible defaults during the inter-batch period. This paper presents TORC3 - the Token-Ring Clearing Algorithm for Currency Circulation. In contrast to the MILP approach, TORC3 is a (...) real time heuristic procedure, demanding modest computational resources, and able to completely shield the clearing operation against the participating agents’ risk of default. (shrink)

Many of us, even on our happiest days, struggle to quiet the constant buzz of anxiety in the background of our minds. All kinds of worries--worries about losing people and things, worries about how we seem to others--keep us from peace of mind. Distracted or misled by our preoccupations, misconceptions, and, most of all, our obsession with ourselves, we don't see the world clearly--we don't see the world as it really is. In our search for happiness and the good life, (...) this is the main problem. But luckily there is a solution, and on the path to understanding it, we can make use of the rich and varied teachings that have developed over centuries of Buddhist thought. With clarity and compassion, Nicolas Bommarito explores the central elements of centuries of Buddhist philosophy and practice, explaining how they can improve your life and teach you to live without fear. Mining important texts and lessons for practical guidance, he provides a friendly guide to the very practical goals that underpin Buddhist philosophy. After laying out the basic ideas, Bommarito walks readers through a wide range of techniques and practices we can adopt to mend ingrained habits. Rare for its exploration of both the philosophy that motivates Buddhism and its practical applications, this is a compassionate guide to leading a good life that anyone can follow. (shrink)

Orr and Dentith argue that a recurrent problem in much of the wider academic literature on conspiracy theories is either conceptual confusion or a refusal to put theory before practice. Orr and Dentith show that a naive empiricism pervades much of the social science literature when it comes to these things called ‘conspiracy theories’ which not only runs at odds with the philosophical literature but also the general tenor of the social sciences over the latter part of the 20th Century (...) and beyond. Orr and Dentith argue that central to these confusions or refusals is not just a lack of philosophical rigour when it comes to defining and presenting views, but an active disinterest in such conceptual work. (shrink)

Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that (...) the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest. (shrink)

There is a long history of philosophers granting a privileged epistemic status to cognition of directly present objects. In this paper, I examine three important historic accounts which provide different models of this cognitive state and its connection with its objects: that of the Stoics, who are corporealists and think that ordinary perception may have an epistemically privileged status, but who seem to struggle to accommodate non-perceptual cognizance; that of Augustine, who thinks that incorporeal objects are directly present to us (...) in ‘intellectual perception’, and that, by way of contrast, ordinary sense-perception does not have a privileged epistemic status; and that of William of Ockham, who allows for unmediated action at a distance and is fairly generous about what counts as being directly present. (shrink)

It is common for philosophers to claim that doxastic voluntarism, the view that an agent can form beliefs voluntarily, is false, and therefore that agents do not have the kind of control over their beliefs required for a straightforward application of deontological concepts such as obligation or duty in the domain of epistemology. The role that the denial of doxastic voluntarism plays in an argument to the effect that agents do not have obligations with respect to belief is simply this.

(Shoshana Smith now goes by her married name, Shoshana Brassfield: http://philpapers.org/profile/37640) Descartes famously claims that everything we perceive clearly and distinctly is true. Although this rule is fundamental to Descartes’s theory of knowledge, readers from Gassendi and Leibniz onward have complained that unless Descartes can say explicitly what clear and distinct perception is, how we know when we have it, and why it cannot be wrong, then the rule is empty. I offer a detailed analysis of clear and (...) distinct perception, showing how Descartes answers these questions. Many doubts about the usefulness of the clarity and distinctness rule arise from the mistaken assumption that in clear and distinct perception, like sense perception, we must be able to establish a correspondence between perception and reality before we can have knowledge. I show that Descartes has a different metaphysical picture of clear and distinct perception. Clear and distinct perception is direct perception, typically of essences. On this view, by relying on the intellect instead of the senses, we can have direct perception not only of our own ideas, but also of a mind-independent reality. Because clear and distinct perception is direct perception, problems of correspondence do not arise. My account of clear and distinct perception also yields unique insight into other issues in Descartes, such as the Cartesian Circle and the doctrine of the free creation of the eternal truths. Completed at the University of California, 2005. Dissertation advisers: Janet Broughton, Hannah Ginsborg, Anthony A. Long. ProQuest UMI: 3187156. (shrink)

Deciding what role perspicuous representations play in Wittgenstein’s philosophy matters, not only for determining what one thinks of the contributions of this great figure of twentieth century philosophy but also for recognising the ‘live options’ for conducting philosophical enquiries full stop. It is not surprising, given this importance, that perspicuous representations is the topic of the opening chapter of Gordon Baker’s posthumous collection of essays on philosophical method. In that contribution he offers grounds for thinking that the relevant passage in (...) which the notion is explicitly mentioned (cited above) should be read as promoting a strongly therapeutic approach to philosophy: he exposes ‘this possibility’ in the modest hope of persuading receptive readers to explore it further for themselves (see Baker 2004, 46). I endorse some of Baker’s central insights about understanding and use of perspicuous representations but I firmly reject his conclusions about the end of philosophy. Specifically, I agree with him that Wittgenstein set his face against the very idea of philosophical ‘theorising’, but I deny that this led him (or ought to lead anyone) to promote a purely therapeutic philosophy. In the first three sections, I supply reasons for preferring an account of Wittgenstein’s approach to philosophy that emphasises its clarificatory ambitions. In doing so, I say something about: (i) what I take perspicuous representations to be and how they function; (ii) what motivates Baker’s reading and its implications; and (iii) how perspicuous and other forms of representations have been misused in attempts at so-called philosophical theorising. I conclude by proposing that in steering clear of both theory and extreme therapy, it is possible to prosecute a positive philosophy – one that employs perspicuous representations to bring ‘relevant connections’ to light for the purposes of enabling us to understand and reflect on aspects of various domains of human being. (shrink)

In one of his contributions to The Nation, Peirce claims that ―Crystal clearness, such as we justly require in mathematics, in law, in economics, is in philosophy the characteristic of the second-rates.‖ The statement might seem paradoxical enough: isn't Peirce the author of How to Make our Ideas Clear (hereafter: HMIC), the seminal paper for the pragmatist tradition, a paper that is sure to be included in each and every anthology of American thought? How can clearness then be ―the (...) characteristic of the second-rates‖? I take it that these perplexities arise only in a superficial reading of HMIC and that the present quote tells quite a lot about Peirce's doctrine and style. My first section concerns the method one should adopt in philosophy according to Peirce and explains in part why belief and doubt play such an important role in the Illustrations series. The second one concerns the kind of problems Peirce felt attracted to and how we can make sense of what he says about the ―"strongest" thinkers. (shrink)

Cognitivist motivational internalism is the thesis that, if one believes that 'It is right to ϕ', then one will be motivated to ϕ. This thesis—which captures the practical nature of morality—is in tension with a Humean constraint on belief: belief cannot motivate action without the assistance of a conceptually independent desire. When defending cognitivist motivational internalism it is tempting to either argue that the Humean constraint only applies to non-moral beliefs or that moral beliefs only motivate ceteris paribus . But (...) succumbing to the first temptation places one under a burden to justify what is motivationally exceptional about moral beliefs and succumbing to the second temptation saddles one with a thesis that fails to do justice to the practicality intuition that cognitivist motivational internalism is suppose to capture. In this paper, I offer a way of defending cognitivist motivational internalism, which does not require accepting that there is anything motivationally unusual about moral beliefs. I argue that no belief satisfies the Humean constraint: all beliefs are capable of motivating without the assistance of a conceptually independent desire. (shrink)

This paper seeks to analyze and to motivate a trend toward virtue ethics and away from deontology in the business ethics account of organizational loyalty. Prevailing authors appeal to “transcendent” values (deontology), skepticism (there is no loyalty), or Aristotelianism (loyalty is seeking mutual self-interest). I argue that the “Aristotelian” view clears up the “egoist” difficulty with loyalty. Briefly, critics feel we must “transcend,” “replace,” “overcome” and most especially sacrifice self-interest on the altar of ethics and loyalty. I argue that few (...) things can be more ethical than loyalty to shared values. When a company and I both pursue the same value X, there becomes no difference between my seeking my best interest and my seeking the best interest of the company (and vice versa). Hence, the way out of the egoist difficulty with loyalty is seeing a company’s interests as my own (Aristotle’s third stage of friendship). (shrink)

Volume 20, Issue 4, May 2020, Page 8-10.

Laurence Goldstein gives a straightforward and lively account of some of the central themes of Wittgenstein's writings on meaning, mind, and mathematics.

Clear-cut designs have a number of methodological virtues, with respect to internal and external validity, which I illustrate by means of informal causal analysis. In contrast, a more uniform experimental practice across disciplines may not lead to progress if causal relations in the human sciences are highly dependent on the details of the context.

Book synopis: A collection of more than 30 specially commissioned essays, this volume surveys the work of the 17th-century philosopher-scientist commonly regarded as the founder of modern philosophy, while integrating unique essays detailing the context and impact of his work. Covers the full range of historical and philosophical perspectives on the work of Descartes Discusses his seminal contributions to our understanding of skepticism, mind-body dualism, self-knowledge, innate ideas, substance, causality, God, and the nature of animals Explores the philosophical significance of (...) his contributions to mathematics and science Concludes with a section on the impact of Descartes's work on subsequent philosophers. (shrink)

Jay Rosenberg's penetrating and persuasively argued analysis of the central metaphysical and moral questions pertaining to death has been updated and revised to expand and deepen several of its key arguments and to address conceptual developments of the past fifteen years. Among the topics discussed are: Life After Death; The Limits of Theorizing; The Limits of Imagination; Death and Personhood; Values and Rights; Mercy Killing; Prolonging Life; Rational Suicide; and One's Own Death. Rosenberg's prose is lucid, lively, thoroughly absorbing, and (...) accessible to introductory-level readers. Essential reading for anyone interested in reflecting on this engaging topic. (shrink)

Discusses reasoning and clear thinking, including such aspects as the nature of facts, language and reasoning, false analogies, and prejudice.

In Seeing Clearly, Nicolas Bommarito brings together Buddhist theory and practice with a deceptively simple sophistication that few have managed in the contemporary era. Meditation teachers have contributed to the self-help section an abundance of guides to Buddhism and meditation, many of them elegantly worded and sometimes simple and practical. Yet many of these works also stumble unwittingly into philosophical problems discussed with great care and complexity in footnoted academic volumes read mostly by a small circle of scholars. Bommarito's accomplishment (...) as a philosopher is evident not only in the clarity of his exposition, but also in what he doesn't say, in the many philosophical blunders he does not fall... (shrink)

Clearing a Space for Human Action demonstrates how Karl Barth's concern for ethical description cannot be separated from his concern for a proper theological description of the God-human relationship. Early in his career, Barth attempted to describe human ethical agency in terms that respected the co-inherence of dogmatics and ethics, but in such a way that neither human nor divine agency suffered absorption into the other. This book's conclusion calls for a treatment of Barth's Dogmatics as a sustained theological ethical (...) ontology. Only then can we hope to understand Barth's treatment of the human and the Divine in other parts of the Dogmatics. (shrink)

The value of conscience in healthcare ethics is widely debated. While some sources present it as an unquestionably positive attribute, others question both the veracity of its decisions and the effect of conscientious objection on patient access to health care. This paper argues that the right to object conscientiously should be broadened, subject to certain previsos, as there are many benefits to healthcare practice in the development of the consciences of practitioners. While effects such as the preservation of moral integrity (...) are widely considered to benefit practitioners, this paper draws on the work of Hannah Arendt to offer several original arguments in defence of conscience that may more directly benefit patients, namely that a pang of conscience may be useful in rapidly unfolding situations in which there is no time to reflect satisfactorily upon activities and that, given the hierarchical nature of healthcare institutions, a right to defy authority on the basis of conscience may benefit junior staff who lack the institutional power to challenge the orders of superiors. (shrink)

In both the Tractatus and the Investigations, Wittgenstein claimed that the aim of philosophy is to achieve clarity: to see clearly the logic or grammar of our language. However, his view of clarity underwent an important change, one of many changes that led Wittgenstein to write, in the preface to the Investigations, that his new ideas “could be seen in the right light only by contrast with and against the background of my old way of thinking.” I argue that certain (...) “grave mistakes” of the Tractatus were due to an idealised conception of clarity, and that a revised understanding of clarity is one of the main achievements of the Investigations. In the Tractatus Wittgenstein wrongly assumed that when we see language clearly, what we see will be determinate, exact, and complete. In the Investigations he realised that when we see language clearly we cannot specify in advance whether what we see will be determinate or vague, exact or inexact, complete or incomplete. I characterise this insight as a truism: when we see clearly, what we see might not be clear. Wittgenstein wants the Tractatus to serve as a warning to the reader of the Investigations; his own past mistakes are instructive and this is why we should read the Investigations against the background of his old way of thinking. (shrink)

In ‘Fuzzy gender: between female embodiment and intersex’, Ashley Tauchert offers a ‘fuzzy’ model for gender. Her proposed model aims to account for the normative boundaries of sex and gender, especially between females, transwomen, and intersexuals, in terms of a ‘gender line’ on which different gender categories are located. This reply paper aims to clear the fuzziness in Tauchert’s model by pointing out two critical problems. First, her model appears to be self-defeating, since the marginalized gender categories it attempts (...) to empower are defined in terms of the hegemonic binarism of the ‘pure’ heterosexual male and the ‘pure’ heterosexual female, which it tries to dislodge. Second, her model implies an infinite number of possible gender categories along the gender line; being so, it becomes theoretically inert and practically inadequate. In lieu of the fuzzy model, this paper suggests an alternative model of thinking through the black/white and grey gender categories. This model utilizes the metaphor of gender galaxies, where each gender category is treated as an independent, socially-conferred galaxy; each having specific societal concerns and political agenda. This model, as will be argued, provides firmer grounding for the political aspirations of these various gender categories. (shrink)

Background: Conscience is an important concept in ethics, having various meanings in different cultures. Because a growing number of healthcare professionals are of immigrant background, particularly within the care of older people, demanding multiple ethical positions, it is important to explore the meaning of conscience among care providers within different cultural contexts. Research objective: The study aimed to illuminate the meaning of conscience by enrolled nurses with an Iranian background working in residential care for Persian-speaking people with dementia. Research design: (...) A phenomenological hermeneutical method guided the study. Participants and research context: A total of 10 enrolled nurses with Iranian background, aged 33–46 years, participated in the study. All worked full time in residential care settings for Persian-speaking people with dementia in a large city, in Sweden. Ethical considerations: The study was approved by the Regional Ethical Review Board for ethical vetting of research involving humans. Participants were given verbal and written study information and assured that their participation was voluntary and confidential. Findings: Three themes were constructed including perception of conscience, clear conscience grounded in relations and striving to keep a clear conscience. The conscience was perceived as an inner guide grounded in feelings, which is dynamic and subject to changes throughout life. Having a clear conscience meant being able to form a bond with others, to respect them and to get their confirmation that one does well. To have a clear conscience demanded listening to the voice of the conscience. The enrolled nurses strived to keep their conscience clear by being generous in helping others, accomplishing daily tasks well and behaving nicely in the hope of being treated the same way one day. Conclusion: Cultural frameworks and the context of practice needed to be considered in interpreting the meaning of conscience and clear conscience. (shrink)

Defenders of strong Intellectual Property rights or of a nonutilitarian basis for those rights often turn to Locke for support.1 Perhaps because of a general belief that Locke is an advocate of all things proprietary, this move seldom receives careful scrutiny. That is unfortunate for two reasons. First, as I will argue, Locke does not issue a blank check in support of all property regimes, and the application of his reasoning to intellectual property would actually tend to favor a substantially (...) limited rights regime. Second, the attempt to understand intellectual property as an instance of Lockean property, though admittedly anachronistic, offers an opportunity to further our understanding of Locke's own thought. My major claim will be twofold: on the one hand, intellectual property would be an almost paradigmatic case of Lockean property; on the other hand, Locke's provisos—specifically the widely neglected spoilage proviso—would sharply limit the scope of any entitlements. My secondary claim will accordingly be that the spoilage proviso's neglect is undeserved, and that it deserves a more central place in our understanding of Locke. I will not here address whether Locke provides the right way to think about property, whether IP is a good idea, or whether property rights ought to include a right to destroy; my concern is to elucidate Locke's arguments and then to block this application of them. (shrink)

Presenting an understanding of the mind, emotions, and communication, Calm, Clear, and Loving invites an understanding of the transformation of mind, both in a meditative and therapeutic context. It is relevant to those dealing with histories of abuse and trauma, for those in the fields of mental health, and for those on meditative and spiritual evolution.

Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law (...) teachers design teaching materials and often conduct themselves in the classroom with apparent assurance that most cases in the 'real world' of a law practice are clear cases. The lawyer is presented with material facts and rules which are rid of the difficulties giving rise to hard cases. The facts have been ascertained and proved. The lawyer has been able to sort out the material from the immaterial facts with a much-envied ability to determine the criteria of materiality. He has also discovered the rules and somehow has rejected some and accepted others as legally relevant. The lawyer need only deduce a conclusion by applying the relevant rule to the material facts. Choice, uncertainty, or human frailty enter the picture only when the lawyer makes that final deduction. Consequently, clear cases are supposed to be relatively easy. This Paper questions whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. The primary objective of this essay is to make an argument concerning the issue as to whether there is more to the competent lawyer's job in clear cases than carrying on the deductive process of applying the relevant rule to the material facts. My argument hinges upon what constitutes a properly decided judicial decision. And this, in turn, depends upon the differing conceptions about justice which underlie the activities of courts and legislatures in a democratic state. The Paper then connects those differing conceptions to such concepts as formal justice, substantive justice, liberty, guidance to lawyers, and accountability in the context of clear cases. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration (...) inferred congressional "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

The paper points to gaps in the conceptualization of bullshit as offered by Harry Frankfurt and Jerry Cohen. I argue that one type of bullshit, obscurantism, the deliberate exercise of making one’s text opaque for the purposes of deceiving the readership in various ways, escapes Frankfurt’s radar in tracking those judgments that are unconcerned with truth, and is not given distinct status in Cohen’s framework, which pays more attention to the product of bullshit than its producers and their techniques. First, (...) I offer on overview of the expanding literature on bullshit, with special attention given to accounts by Frankfurt and Cohen. I claim that Frankfurt’s essentialism and Cohen’s product-oriented account are not successful in exhausting our common understanding of what bullshit entails, neither separately, nor in conjunction. In particular, I claim that obscurantist bullshit pushes the envelope of the current conceptual frameworks. Second, following Boudry’s and Buekens’s work on obscurantism, I discuss the usual mechanisms utilized by obscurantists. Third, I reflect on an objection to my argument based on tweaking the permissibility for producing obscurantism by placing the production of obscurities into different contexts of writing style. I argue that there is an important normative difference between being an obscurantist and someone who merely writes obscurely, and that the distinction should bear weight regardless of constraining our capacities to tell between the two. I finish by discussing whether our understanding of obscurantist bullshit aids us in following a principle of clarity. (shrink)

I agree with much of Freeman and Reichart’s paper; so, by way of comment, I will simply supplement his argument in two ways. First, agreeing with their conclusion that we can, and should, re-direct business toward environmental protection without embracing a nonanthropocentric ethic, I will show that the pre-occupation of recent and contemporary environmental ethics with the anthropocentrism/non-anthropocentrism debate is avoidable. It rests on a misinterpretation of possible moral responses to the arrogance with which Western science, technology, and culture has (...) treated nature. A better understanding of the history of the idea of nonanthropocentrism will, I believe, strengthen Freeman and Reichart’s case for pluralism in environmental ethics and values. Second, I will emphasize several points that seem to me to fit well with Freeman and Reichart’s approach, and which would provide important detailing for the type of approach he sketches, arguing that much hard intellectual work stands between us and a satisfactory, and useful, but pluralistic, and life-centered ethic for business and the environment. (shrink)