Volume 20, Issue 7, July 2020, Page 147-150.

Looking back on it, it seems almost incredible that so many equally educated, equally sincere compatriots and contemporaries, all drawing from the same limited stock of evidence, should have reached so many totally different conclusions---and always with complete certainty.

The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

Discussion of partial grounds that aren't parts of full grounds; definition of full grounding in terms of partial grounding.

The _Analects_ is a compendium of the sayings of Confucius (551-479 b.c.e.), transcribed and passed down by his disciples. How it came to be transformed by Zhu Xi (1130-1200) into one of the most philosophically significant texts in the Confucian tradition is the subject of this book. Scholarly attention in China had long been devoted to the _Analects._ By the time of Zhu Xi, a rich history of commentary had grown up around it. But Zhu, claiming that the _Analects_ was (...) one of the authoritative texts in the canon and should be read before all others, gave it a still more privileged status in the tradition. He spent decades preparing an extended interlinear commentary on it. Sustained by a newer, more elaborate language of metaphysics, Zhu's commentary on the _Analects_ marked a significant shift in the philosophical orientation of Confucianism--a shift that redefined the Confucian tradition for the next eight centuries, not only in China, but in Japan and Korea well. Gardner's translations and analysis of Zhu Xi's commentary on the _Analects_ show one of China's great thinkers in an interesting and complex act of philosophical negotiation. Through an interlinear, line-by-line "dialogue" with Confucius, Zhu effected a reconciliation of the teachings of the Master, commentary by later exegetes, and contemporary philosophical concerns of Song-dynasty scholars. By comparing Zhu's reading of the _Analects_ with the earlier standard reading by He Yan (190-249), Gardner illuminates what is dramatically new in Zhu Xi's interpretation of the _Analects._ A pioneering study of Zhu Xi's reading of the _Analects,_ this book demonstrates how commentary is both informed by a text and informs future readings, and highlights the importance of interlinear commentary as a genre in Chinese philosophy. (shrink)

A noted author defends his personal attitudes toward the fundamental issues of classical philosophy, discussing the awesome mystery surrounding science and life and explaining why he considers himself a theist.

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

For decades, aesthetics has been subjected to a variety of critiques, often concerning its treatment of beauty or the autonomy of art. Collectively, these complaints have generated an anti-aesthetic stance prevalent in the contemporary art world. Yet if we examine the motivations for these critiques, Michael Kelly argues, we find theorists and artists hungering for a new kind of aesthetics, one better calibrated to contemporary art and its moral and political demands. Following an analysis of the work of Stanley (...) Cavell, Arthur Danto, Umberto Eco, Susan Sontag, and other philosophers of the 1960s who made aesthetics more responsive to contemporary art, Kelly considers Sontag's aesthetics in greater detail. In _On Photography_ (1977), she argues that a photograph of a person who is suffering only aestheticizes the suffering for the viewer's pleasure, yet she insists in _Regarding the Pain of Others_ (2003) that such a photograph can have a sustainable moral-political effect precisely because of its aesthetics. Kelly considers this dramatic change to be symptomatic of a cultural shift in our understanding of aesthetics, ethics, and politics. He discusses these issues in connection with Gerhard Richter's and Doris Salcedo's art, chosen because it is often identified with the anti-aesthetic, even though it is clearly aesthetic. Focusing first on Richter's Baader-Meinhof series, Kelly concludes with Salcedo's enactments of suffering caused by social injustice. Throughout _A Hunger for Aesthetics_, he reveals the place of critique in contemporary art, which, if we understand aesthetics as critique, confirms that it is integral to art. Meeting the demand for aesthetics voiced by many who participate in art, Kelly advocates for a critical aesthetics that confirms the limitless power of art. (shrink)

This chapter defends a deontological approach to both the non-identity problem and what is referred to as the “inconsequentiality problem.” Both problems arise in cases where, although the actions of presently living people appear to have harmful consequences for future people, it is difficult to explain why there are moral reasons against such actions. The deontological response to both problems appeals to a distinction between causal and non-causal consequences. By acknowledging the moral importance of such a distinction, deontologists can vindicate (...) the judgment that, collectively and individually, we have harm-based reasons against bringing about bad consequences for future people. (shrink)

No longer is pregnancy a repulsive or shameful condition in Hollywood films, but an attractive attribute, often enhancing the romantic or comedic storyline of a female character. Kelly Oliver investigates this curious shift and its reflection of changing attitudes toward women's roles in reproduction and the family. Not all representations signify progress. Oliver finds that in many pregnancy films, our anxieties over modern reproductive practices and technologies are made manifest, and in some cases perpetuate conventions curtailing women's freedom. Reading (...) such films as _Where the Heart Is_ (2000), _Riding in Cars with Boys_ (2001), _Palindromes_ (2004), _Saved!_ (2004), _Quinceañera_ (2006), _Children of Men_ (2006), _Knocked Up_ (2007), _Juno_ (2007), _Baby Mama_ (2008), _Away We Go_ (2009), _Precious_ (2009), _The Back-up Plan_ (2010), _Due Date_ (2010), and _Twilight: Breaking Dawn_ (2011), Oliver investigates pregnancy as a vehicle for romance, a political issue of "choice," a representation of the hosting of "others," a prism for fears of miscegenation, and a screen for modern technological anxieties. (shrink)

The moral/conventional task has been widely used to study the emergence of moral understanding in children and to explore the deficits in moral understanding in clinical populations. Previous studies have indicated that moral transgressions, particularly those in which a victim is harmed, evoke a signature pattern of responses in the moral/conventional task: they are judged to be serious, generalizable and not authority dependent. Moreover, this signature pattern is held to be pan‐cultural and to emerge early in development. However, almost all (...) the evidence for these claims comes from studies using harmful transgressions of the sort that primary school children might commit in the schoolyard. In a study conducted on the Internet, we used a much wider range of harm transgressions, and found that they do not evoke the signature pattern of responses found in studies using only schoolyard transgressions. Paralleling other recent work, our study provides preliminary grounds for skepticism regarding many conclusions drawn from earlier research using the moral/conventional task. (shrink)

Theological basis -- Religion and health care -- The dignity of human life -- The integrity of the human person -- Implications for health care -- Theological principles in health care ethics -- Method -- The levels and questions of ethics -- Freedom and the moral agent -- Right and wrong -- Metaethics -- Method in Catholic bioethics -- Catholic method and birth control -- The principle of double effect -- Application -- Forgoing treatment, pillar one: ordinary and extraordinary means (...) -- Forgoing treatment, pillar two: killing and allowing to die -- Forgoing treatment, pillar three: decisions by competent patients -- Forgoing treatment, pillar three: decisions for incompetent patients -- Forgoing treatment, pillar three: advance directives -- Hydration and nutrition -- Physician-assisted suicide and euthanasia -- Medical futility -- Pain and pain management -- Ethics committees -- Embryonic stem cells and the beginning of human personhood -- Genetic engineering -- Allocating health care resources -- The use and misuse of the allocation argument. (shrink)

Introduction: The role of animals in philosophies of man -- Part I: What's wrong with animal rights? -- The right to remain silent -- Part II: Animal pedagogy -- You are what you eat : Rousseau's cat -- Say the human responded : Herder's sheep -- Part III: Difference worthy of its name -- Hair of the dog : Derrida's and Rousseau's good taste -- Sexual difference, animal difference : Derrida's sexy silkworm -- Part IV: It's our fault -- The (...) beaver's struggle with species-being : De Beauvoir and the praying mantis -- Answering the call of nature : Lacan walking the dog -- Part V: Estranged kinship -- The abyss between humans and animals : Heidegger puts the bee in being -- Strange kinship : Merleau-Ponty's sensuous stickleback -- Stopping the anthropological machine : Agamben's tick-tocking tick -- Psychoanalysis and the science of kinship -- Psychoanalysis as animal by-product : Freud's zoophilia -- Animal abjects, maternal abjects : Kristeva's strays -- Conclusion: Sustainable ethics. (shrink)

There are three primary aims of the book. The first, set out in the book's introduction, is to explain how two fairly recent developments in philosophy, externalism and modalism, provide the basis for a promising account of knowledge - an account that achieves anti-skeptical results and avoids Gettier-style counterexamples that are based on an agent having warranted beliefs that are merely luckily true. Epistemological externalism is the thesis that not all the factors that make a true belief a case of (...) knowledge need to be cognitively accessible or "internal" to the agent. Modalism, as the author construes it, is the use of possible worlds talk in clarifying what would or might be the case and what is necessarily so." "The second objective is to work through the different modalized epistemologies extant in the literature, assessing their strengths and weaknesses, with a view toward constructing a working theory. Finally, the author proposes the theory that knowledge is reliably formed, sensitive true belief, and defends the theory against objections."--Jacket. (shrink)

Epistemology -- Power I -- Power II -- Subjectivity -- Resistance -- Critique -- Ethics.

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

Knowledge closure is the claim that, if an agent S knows P, recognizes that P implies Q, and believes Q because it is implied by P, then S knows Q. Closure is a pivotal epistemological principle that is widely endorsed by contemporary epistemologists. Against Knowledge Closure is the first book-length treatment of the issue and the most sustained argument for closure failure to date. Unlike most prior arguments for closure failure, Marc Alspector-Kelly's critique of closure does not presuppose any (...) particular epistemological theory; his argument is, instead, intuitively compelling and applicable to a wide variety of epistemological views. His discussion ranges over much of the epistemological landscape, including skepticism, warrant, transmission and transmission failure, fallibilism, sensitivity, safety, evidentialism, reliabilism, contextualism, entitlement, circularity and bootstrapping, justification, and justification closure. As a result, the volume will be of interest to any epistemologist or student of epistemology and related subjects. (shrink)

Epistemic luck has been the focus of much discussion recently. Perhaps the most general knowledge-precluding type is veritic luck, where a belief is true but might easily have been false. Veritic luck has two sources, and so eliminating it requires two distinct conditions for a theory of knowledge. I argue that, when one sets out those conditions properly, a solution to the generality problem for reliabilism emerges.

This book sets out first to explain how two fairly recent developments in philosophy, externalism and modalism, provide the basis for a promising account of knowledge, and then works through the different modalized epistemologies extant in the literature, assessing their strengths and weaknesses. Finally, the author proposes the theory that knowledge is reliably formed, sensitive true belief, and defends the theory against objections.

The sensitivity principle is a compelling idea in epistemology and is typically characterized as a necessary condition for knowledge. This collection of thirteen new essays constitutes a state-of-the-art discussion of this important principle. Some of the essays build on and strengthen sensitivity-based accounts of knowledge and offer novel defences of those accounts. Others present original objections to sensitivity-based accounts and offer comprehensive analysis and discussion of sensitivity's virtues and problems. The resulting collection will stimulate new debate about the sensitivity principle (...) and will be of great interest and value to scholars and advanced students of epistemology. (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

Clinical ethics consultants (CECs) are not moral authorities. Standardization of CECs’ professional role does not confer upon them moral authority. Certification of particular CECs does not confer upon them moral authority (nor does it reflect such authority). Or, so we will argue. This article offers a distinctly Orthodox Christian response to those who claim that CECs—or any other academically trained bioethicist—retain moral authority (i.e., an authority to know and recommend the right course of action). This article proceeds in three parts. (...) First, we discuss recent movements toward the certification of CECs in the United States, focusing primarily on proposals and programs put forth by the American Society for Humanities and Bioethics (ASBH). Second, we outline two secular reasons to be concerned about the relevant trends toward certification. For one thing, certification is currently being advanced via political dominance, rather than gaining authority by reliance on rigorous philosophical argument or reason. For another, the trends operate on the assumption that there exists a secular, content-full, canonical, morality. There is no such morality. Next, we argue that Orthodox Christians should resist the current trends toward certification of CECs. Specifically, we unpack ways in which the ASBH’s certification program (and those like it) conflict with Orthodox claims about moral authority and the moral life more generally. We conclude that Orthodox Christians should resist the current certification trends. (shrink)

Discussion of grounding-theoretic accounts of truthmaking in terms of the theoretical role of “catching cheaters”.

Human beings naturally care a great deal for themselves--and couldn't survive otherwise. As Aquinas observed, the drive for self-preservation is the first law of nature. Yet in the imperative of self-love, philosophers have also perceived a tacit threat. Plato reminds us that 'the excessive love of self is in reality the source to each man of all offences.' And so the inevitability of self- concern must be balanced with its manifest potential for harm. But how is such a reconciliation possible? (...) This collection brings tohether the efforts of twenty- three great thinkers addressing such themes as the nature of self-interest, its connection to benevolence and morality, and its implications for political theory. The philosophical results are rich and varied. Self-Interest is intended for philosophers, students, and anyone inclined to reflect upon a subject of such enduring importance and perplexity as the love of self. (shrink)

Hellenistic philosophy concerns the thought of the Epicureans, Stoics, and Skeptics, the most influential philosophical groups in the era between the death of Alexander the Great and the defeat of the last Greek stronghold in the ancient world. The Routledge Handbook of Hellenistic Philosophy provides accessible yet rigorous introductions to the theories of knowledge, ethics, and physics belonging to each of the three schools. It explores the fascinating ways in which interschool rivalries shaped the philosophies of the era, and offers (...) unique insight into the relevance of Hellenistic views to issues today, such as environmental ethics, consumerism, and bioethics. Eleven countries are represented among the Handbook's thirty-five authors, whose chapters were written specifically for this volume and are organized thematically into six sections: I. The people, history, and methods of Epicureanism, Stoicism, and Skepticism. II. Earlier philosophical influences on Hellenistic thought, such as Aristotle, Socrates, and Presocratics. III. The soul, perception, and knowledge. IV. God, fate, and the primary principles of nature and the universe. V. Ethics, political theory, society, and community. VI. Hellenistic philosophy's relevance to contemporary life. Spanning from the ancient past to the present, this Handbook aims to show that Hellenistic philosophy has much to offer all thinking people of the twenty-first century. (shrink)

Argument that full grounds modally entail what they ground.

Often neglected as an influence on phenomenology, Bergson's thought has resurfaced and brought challenges to phenomenology. In a series of original essays and translations, leading scholars of contemporary continental philosophy seek to redress this oversight and inaugurate a long over due dialogue and yet pertinent to the future of continental philosophy. This thematically focused collection reintroduces Bergson to the dominant discourse in continental philosophy (phenomenology), reevaluates phenomenologists' readings of Bergson (e.g., Heidegger, Sartre, Merleau-Ponty, Levinas, and Henry), and examines Bergsonian challenges (...) to phenomenological methods and issues. What emerges is not only a revitalized Bergson read on his own terms, but also a view of the vibrance of Bergson's thought and its central contributions to perennial issues in phenomenology and contemporary continental philosophy: including dualism, intentionality, subjectivity and selfhood, science, time, ethics, freedom, life and affectivity. -- Product Description. (shrink)

Ever since Eve tempted Adam with her apple, women have been regarded as a corrupting and destructive force. The very idea that women can be used as interrogation tools, as evidenced in the infamous Abu Ghraib torture photos, plays on age-old fears of women as sexually threatening weapons, and therefore the literal explosion of women onto the war scene should come as no surprise. From the female soldiers involved in Abu Ghraib to Palestinian women suicide bombers, women and their bodies (...) have become powerful weapons in the Afghanistan and Iraq wars. In _Women as Weapons of War_, Kelly Oliver reveals how the media and the administration frequently use metaphors of weaponry to describe women and female sexuality and forge a deliberate link between notions of vulnerability and images of violence. Focusing specifically on the U.S. campaigns in Afghanistan and Iraq, Oliver analyzes contemporary discourse surrounding women, sex, and gender and the use of women to justify America's decision to go to war. For example, the administration's call to liberate "women of cover," suggesting a woman's right to _bare_ arms is a sign of freedom and progress. Oliver also considers what forms of cultural meaning, or lack of meaning, could cause both the guiltlessness demonstrated by female soldiers at Abu Ghraib and the profound commitment to death made by suicide bombers. She examines the pleasure taken in violence and the passion for death exhibited by these women and what kind of contexts created them. In conclusion, Oliver diagnoses our cultural fascination with sex, violence, and death and its relationship with live news coverage and embedded reporting, which naturalizes horrific events and stymies critical reflection. This process, she argues, further compromises the borders between fantasy and reality, fueling a kind of paranoid patriotism that results in extreme forms of violence. (shrink)

This book makes a case for the permissibility of reactive blame – the angry, harmful variety. Blame is a thorny philosophical problem, as it is notoriously difficult to specify the conditions under which an agent is deserving of blame, is deserving of blame in the basic sense, and furthermore why this is so. Kelly McCormick argues that sharpening the focus to reactive, angry blame can both show us how best to characterize the problem itself, and suggest a possible solution (...) to it, because even reactive blame is both valuable and deserved in the basic sense. Finally, McCormick shows how, despite the many facets of the dark side of blame, adopting an explicitly victim-centered approach highlights a powerful argument from empathy for retaining reactive blame and its attendant attitudes and practices. (shrink)

As a linguist, Julia Kristeva has pioneered a revolutionary theory of the sign in its relation to social and political emancipation; as a practicing psychoanalyst, she has produced work on the nature of the human subject and sexuality, and on the "new maladies" of today's neurotic. _The Portable Kristeva_ is the only fully comprehensive compilation of Kristeva's key writings. The second edition includes added material from Kristeva's most important works of the past five years, including _The Sense and Non-Sense of (...) Revolt_, _Intimate Revolt_, and _Hannah Arendt_. Editor Kelly Oliver has also added new material to the introduction, summarizing Kristeva's latest intellectual endeavors and updating the bibliography. (shrink)

These twelve essays, written by philosophers, examine the usefulness, objectivity, and range of applicability of interpretive methods in ethics and politics, with the goal of isolating the role of methodology to allow debate to focus on substantive conflicts.

There is strong disagreement about whether indicative conditionals have truth values. In this paper, I present a new argument for the conclusion that indicative conditionals have truth values based on the claim that some true statements entail indicative conditionals. I then address four arguments that conclude that indicative conditionals lack truth values, showing them to be inadequate. Finally, I present further benefits to having a worldly view of conditionals, which supports the assignment of truth values to indicative conditionals. I conclude (...) that certain types of account of indicative conditionals, which have been ignored in the literature partly on the basis of assigning truth values to indicative conditionals, deserve consideration. (shrink)

Jonathan Vogel has recently argued that counterfactual reliabilism cannot account for higher‐level knowledge that one's belief is true, or not false. His particular argument for this claim is straightforward and valid. Interestingly, there is a parallel argument, based on an alternative but plausible reinterpretation of the main premise in Vogel's argument, which squares CR with higher‐level knowledge both that one's belief is true and that one's belief is not false. I argue that, while Vogel's argument reveals the incompatibility of CR (...) and knowledge of certain higher‐level propositions, it does not establish the general claim that CR is incompatible with knowledge that any of one's beliefs is true, or not false. (shrink)

In this monograph on Luce Irigay, Kelly Ives explores the French thinker's ideas on the politics of sexual difference.