_Yanomami_ raises questions central to the field of anthropology—questions concerning the practice of fieldwork, the production of knowledge, and anthropology's intellectual and ethical vision of itself. Using the Yanomami controversy—one of anthropology's most famous and explosive imbroglios—as its starting point, this book draws readers into not only reflecting on but refashioning the very heart and soul of the discipline. It is both the most up-to-date and thorough public discussion of the Yanomami controversy available and an innovative and searching assessment of (...) the current state of anthropology. The Yanomami controversy came to public attention through the publication of Patrick Tierney's best-selling book, _Darkness in El Dorado,_ in which he accuses James Neel, a prominent geneticist who belonged to the National Academy of Sciences, as well as Napoleon Chagnon, whose introductory text on the Yanomami is perhaps the best-selling anthropological monograph of all time, of serious human rights violations. This book identifies the ethical dilemmas of the controversy and raises deeper, structural questions about the discipline. A portion of the book is devoted to a unique roundtable in which important scholars on different sides of the issues debate back and forth with each other. This format draws readers into deciding, for themselves, where they stand on the controversy’s—and many of anthropology’s—central concerns. All of the royalties from this book will be donated to helping the Yanomami improve their healthcare. (shrink)

To ensure their survival in natural habitats, plants must recognize and respond to a wide variety of insect herbivores. Aphids and other Hemiptera pose a particular challenge, because they cause relatively little direct tissue damage when inserting their slender stylets intercellularly to feed from the phloem sieve elements. Plant responses to this unusual feeding strategy almost certainly include recognition of aphid salivary components and the induction of phloem‐specific defenses. Due to the excellent genetic and genomic resources that are available for (...) Arabidopsis thaliana (Arabidopsis), this plant was chosen as a model system to study the metabolic and transcriptional responses to infestation by two aphids, Myzus persicae (green peach aphid, a broad generalist) and Brevicoryne brassicae (cabbage aphid, a crucifer‐feeding specialist). Future research on Arabidopsis–aphid interactions will lead to the identification of aphid‐specific elicitors, components of the defense‐signaling pathway, and additional metabolic responses that are induced by aphid infestation. BioEssays 29:871–883, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

Big Data research is currently split on whether and to what extent Twitter can be characterized as an informational or social network. We contribute to this line of inquiry through an investigation of digital humanities scholars’ uses and gratifications of Twitter. We conducted a thematic analysis of 25 semi-structured interview transcripts to learn about these scholars’ professional use of Twitter. Our findings show that Twitter is considered a critical tool for informal communication within DH invisible colleges, functioning at varying levels (...) as both an information network and a social network. We find that Twitter follow relationships reflect common academic interests and are closely tied to scholars’ pre-existing social ties and conference or event co-attendance. The concept of the invisible college continues to be relevant but requires revisiting. The invisible college formed on Twitter is messy, consisting of overlapping social contexts, scholars with different habits of engagement, and both formal and informal ties. Our research illustrates the value of using multiple methods to explore the complex questions arising from Big Data studies and points toward future research that could implement Big Data techniques on a small scale, focusing on sub-topics or emerging fields, to expose the nature of scholars’ invisible colleges made visible on Twitter. (shrink)

Astroturf organizations are fake grassroots organizations usually sponsored by large corporations to support any arguments or claims in their favor, or to challenge and deny those against them. They constitute the corporate version of grassroots social movements. Serious ethical and societal concerns underline this astroturfing practice, especially if corporations are successful in influencing public opinion by undertaking a social movement approach. This study is motivated by this particular issue and examines the effectiveness of astroturf organizations in the global warming context, (...) wherein large corporate polluters have an incentive to set up astroturf organizations to undermine the importance of human activities in climate change. We conduct an experiment to determine whether astroturf organizations have an impact on the level of user certainty about the causes of global warming. Results show that people who used astroturf websites became more uncertain about the causes of global warming and humans’ role in the phenomenon than people who used grassroots websites. Astroturf organizations are hence successful in promoting business interests over environmental protection. In addition to the multiple business ethics issues it raises, astroturfing poses a significant threat to the legitimacy of the grassroots movement. (shrink)

Through a wide-ranging international collection of papers, this volume provides theoretical and historical insights into the development and application of phenomenological sociology and ethnomethodology and offers detailed examples of research into social phenomena from these standpoints. All the articles in this volume join together to testify to the enormous efficacy and potential of both phenomenological sociology and ethnomethodology.

This paper considers two ways functions figure into scientific explanations: (i) via laws?events are causally explained by subsuming those events under functional laws; and (ii) via designs?capacities are explained by specifying the functional design of a system. We argue that a proper understanding of how functions figure into design explanations of capacities makes it clear why such functions are ill-suited to figure into functional-cum-causal law explanations of events, as those explanations are typically understood. We further argue that a proper understanding (...) of how functions enter into design explanations of capacities enables us to show why two prominent objections to functionalism in the philosophy mind?the argument from metaphysically necessary effects (Bennett, 2007; Rupert, 2006) and causal exclusion (Kim, 1993, 1998; Malcolm, 1968)?are misguided when interpreted as posing a threat to functional explanation in science across the board. If those arguments pose a threat at all, they pose it to instances of (i); however, a great number of the functional explanations we find in psychology?and the sciences generally?are instances of (ii). (shrink)

The dissertation treats of Paul Natorp's and Martin Heidegger's interpretations of Plato. My goal is twofold: sympathetically to expound each of these interpretations in its own right, and to contrast them against each other as emblematic of the conflict between neo-Kantianism and Phenomenology . The philosophical controversy centers on the relation of thinking and being, a controversy which in this specific context may ultimately be traced back to Kant. Natorp and Heidegger both, for different reasons, return to the Platonic (...) "theory of forms" in order to ground their respective conceptions of thinking and being. Accordingly, I discuss in Chapter One the role of the Platonic forms in Kant's own philosophy. In Chapter Two, I examine the central doctrine of neo-Kantianism and its roots in post-Kantian German philosophy. In Chapter Three, I show how this doctrine is embodied in Natorp's analysis of several of Plato's dialogues. In Chapter Four, I lay out the principal points of Phenomenology's dispute with neo-Kantianism, as well as Heidegger's understanding of that dispute. Finally, in Chapter Five, I show how Heidegger's fundamental ontology is expressed in his interpretations of several key passages of Plato. (shrink)

In contemporary American poetry, poets practice open form. Charles Olson, Robert Duncan, Paul Blackburn, Robert Creeley, Jack Spicer, Denise Levertov, Gary Snyder, Allen Ginsberg, Edward Dorn, Louis Zukofsky, John Ashbery, and Frank O'Hara belong to this school of open form. Their open form advocates creative spontaneity, fragmentation, and juxtaposition. It repudiates thematic and formal closure and requires of its readers a willingness to value a poem as process and event. Recent studies of open form inform us that in both theory (...) and practice they descended from Pound and Williams. However, my intention is to establish the foreground of open form in the poetics and poetry of Yeats, Pound, and Eliot. My major objective is to establish Yeats as the precursor of the poetics of open form, and then to apply his poetics to his poetry, and to those of Pound and Eliot. ;Part I, with the aid of the theories of language by Paul de Man, Jacques Derrida, Jacques Lacan, and Martin Heidegger, examines the linguistic turn revealed in Yeats's A Vision which manifests the poetics of open form through the rhetoric of prophecy. Chapter One defines the concept of the Unity of Being. Chapter Two illustrates how Yeats disciplines himself in his poetic quest for the Unity of Being. Chapter Three defines prophecy and the rhetoric of prophecy. Exergue, an inter-chapter, surveys and assesses contemporary theories of language in an attempt to relate metaphor to rhetoric. Chapter Four closely examines A Vision in the light of the rhetoric of prophecy and poetics of open form. ;Part II demonstrates how the poetry of Yeats, Pound and Eliot provides the praxis of Yeats's poetics. Conclusion discusses the poetics of Duncan, Olson, and Levertov and show how they reflect Yeats's, thereby demonstrating the continuity between the poetry of modernism and postmodernism. (shrink)

Richard Martin's thoroughly philosophical as well as thoroughly tech nical investigations deserve continued and appreciative study. His sympathy and good cheer do not obscure his rigorous standard, nor do his contemporary sophistication and intellectual independence obscure his critical congeniality toward classical and medieval philosophers. So he deals with old and new; his papers, in his neat self-descriptions, consist of reminders, criticisms, and constructions. They might also be seen as studies in the understanding of truth, ramifying as widely in mathematics, (...) logic, and epistemology as well as metaphysics, as such understanding has required. For us it is a pleasant occasion to welcome Richard Martin's new Boston Studies, and to note his continuously con collection to the structive and critical interventions at the Boston Colloquium for the of Science. Philosophy Boston University Center for the R. S. COHEN Philosophy and History of Science M. W. WARTOFSKY July 1979 vii TABLE OF CONTENTS EDITORIAL PREFACE vii PREFACE xi ACKNOWLEDGEMENTS xv I. Truth and Its Illicit Surrogates II. Some Reminders concerning Truth, Satisfaction, and Reference 17 III. On Disquotation and Intensionality 30 IV. On Truth, Belief, and Modes of Description 42 V. The Pragmatics of Self-Reference 55 VI. On Suppositio and Denotation 72 VII. Of Time and the Null Individual 82 VIII. Existence and Logical Form 95 IX. Tense, Aspect, and Modality 110 X. Of 'Of' 130 XI. Events and Actions: Brand and Kim 144 XII. Why I Am Not a Montague Grammarian 160 XIII. (shrink)

O artigo trata da discussão travada entre Donald Davidson e os defensores do materialismo redutivo em torno da alegada “ineficácia causal” do mental que a doutrina da superveniência implica. Para defender sua posição, a da eficiência causal particular do mental, Davidson lançará mão da distinção entre “relações causais” e “explicações causais” . Sem ela Davidson seria obrigado a aceitar “o princípio da exclusão causal-explanatória” introduzido por Kim e, consequentemente, abandonar o não-reducionismo característico de seu monismo anômalo e da tese da (...) superveniência do mental em relação ao físico. (shrink)

Przedmowa........................................................................................... . 9 I. Głosy amerykańskie Michael Walzer, Samotna polityka Michela Foucaulta (przeł. Marek Kw iek )................................................................................ 13 Richard Rorty, Moralna tożsamość a prywatna autonomia: przypadek Foucaulta (przeł. Marek K w iek )............................... 29 Martin Jay, Granice doświadczenia granicznego: Bataille i Foucault (przeł. Marek K w iek )................................................ 37 David Couzens Hoy, Foucault a teoria krytyczna (przeł. Marek Kwiek)............................................................................................ 61 Charles Taylor, Foucault o wolności i prawdzie (przeł. Marek Kwiek)............................................................................................ 81 II. Głosy polskie Jerzy Kmita, Jacy moglibyśmy b y ć?................................................ (...) 109 Tadeusz Buksiński, Historia - władza - metoda.......................... 139 Zygmunt Bauman, Nie odwzajemniona miłość: o państwie i intelektualistach (przeł. Marek Kwiek)....................................153 Jerzy Topolski, Ta „pusta” kategoria zmiany: człowiek i historia, w koncepcji Michela Foucaulta..........................................183 Marek Kwiek, Kant - Nietzsche - Foucault. Rzecz o dawaniu przykładu w f i lo z o f i i...................................................................... 199 Anna Jamroziakowa, Obraz i tekst. Głód rzeczywistości a czuła imaginatywność................................................................239 Ewa N owak-Juchacz, Nie sądząc i nie przesądzając: niemieckie „podróże” Foucaulta................................................... 255 Grzegorz Dziamski, Michel Foucault: z ducha s z tu k i................ 277 Marek Kwiek, Michel Foucault - rozdział polski (appendix mniej filozoficzny)..........................................................................289 Dane o oryginałach tłumaczeń..........................................................303 Nota o autorach...................................................................................305. (shrink)

PART ONE INDIAN THOUGHT INDIAN THOUGHT HAS A LONG AND COMPLEX DEVELOPMENT. IT is DIFFICULT TO GIVE AN EXACT HISTORICAL ACCOUNT OF THE DEVELOPMENT OF INDIAN ...

Philosophers ask just whose expression, if anyone’s, we hear in lyric poetry. Walton provides a novel possibility: it’s the reader who “uses” the poem (just as a speech giver uses a speech) who makes the language expressive. But worries arise once we consider poems in particular social or political settings, those which require a strong self-other distinction, or those with expressions that should not be disassociated from the subjects whose experience they draw from. One way to meet this challenge is (...) to consider the poem expressive of a plural subject, which frees us from looking for a particular individual whose voice we hear in the work, whether she be fictional or actual. Some lyrics give voice to a group whose experience is attended to in the work. This may be done through a posited fictional speaker, but the ontology of the speaker is shown to be less important. Attending to a group whose concerns are voiced allows us to explain how poems can manage to address our-worldly concerns even when lacking actual persons whose expressions we encounter in the poems. (shrink)

Online supplement, "Mulsow: Additions to Notes drawn from the 2002 edition of Moderne aus dem Untergrund" full versions of nearly 300 notes that were truncated in the print edition. Hosted on H. C. Erik Midelfort's website. Martin Mulsow's seismic reinterpretation of the origins of the Enlightenment in Germany won awards and renown in its original German edition, and now H. C. Erik Midelfort's translation makes this sensational book available to English-speaking readers. In Enlightenment Underground, Mulsow shows that even in (...) the late seventeenth century some thinkers in Germany ventured to express extremely dangerous ideas, but did so as part of a secret underground. Scouring manuscript collections across northern Europe, Mulsow studied the writings of countless hitherto unknown radical jurists, theologians, historians, and dissident students who pushed for the secularization of legal, political, social, and religious knowledge. Often their works circulated in manuscript, anonymously, or as clandestinely published books. Working as a philosophical microhistorian, Mulsow has discovered the identities of several covert radicals and linked them to circles of young German scholars, many of whom were connected with the vibrant radical cultures of the Netherlands, England, and Denmark. The author reveals how radical ideas and contributions to intellectual doubt came from Socinians and Jews, church historians and biblical scholars, political theorists, and unemployed university students. He shows that misreadings of humorous or ironic works sometimes gave rise to unintended skeptical thoughts or corrosively political interpretations of Christianity. This landmark book overturns stereotypical views of the early Enlightenment in Germany as cautious, conservative, and moderate, and replaces them with a new portrait that reveals a movement far more radical, unintended, and puzzling than previously suspected. (shrink)

In this volume Martin Heidegger confronts the philosophical problems of language and begins to unfold the meaning begind his famous and little understood phrase "Language is the House of Being." The "Dialogue on Language," between Heidegger and a Japanese friend, together with the four lectures that follow, present Heidegger's central ideas on the origin, nature, and significance of language. These essays reveal how one of the most profound philosophers of our century relates language to his earlier and continuing preoccupation (...) with the nature of Being and himan being. One the Way to Language enable readers to understand how central language became to Heidegger's analysis of the nature of Being. On the Way to Language demonstrates that an interest in the meaning of language is one of the strongest bonds between analytic philosophy and Heidegger. It is an ideal source for studying his sustained interest in the problems and possibilities of human language and brilliantly underscores the originality and range of his thinking. (shrink)

This book is not a conventional introduction to the philosophy of mind, nor is it a contribution to the physicalist/ dualist debate. Instead The Representational Theory of Mind demonstrates that we can construct physicalist theories of important aspects of our mental life. Its aim is to explain and defend a physicalist theory of intelligence in two parts: the first six chapters consist of an exposition, elaboration and defence of human sentience (the functionalist theory of mind), and the second part considers (...) rivals and objections to this theory. Kim Sterelny aims to introduce people to this area of philosophy by exemplifying it, to show that philosophical and empirical investigations can be synthesized to the benefit of both. --From publisher's description. (shrink)

Xenophobia is conceptually distinct from racism. Xenophobia is also distinct from nativism. Furthermore, theories of racism are largely ensconced in nationalized narratives of racism, often influenced by the black-white binary, which obscures xenophobia and shelters it from normative critiques. This paper addresses these claims, arguing for the first and last, and outlining the second. Just as philosophers have recently analyzed the concept of racism, clarifying it and pinpointing why it’s immoral and the extent of its moral harm, so we will (...) analyze xenophobia and offer a pluralist account of xenophobia, with important implications for racism. This analysis is guided by the discussion of racism in recent moral philosophy, social ontology, and research in the psychology of racism and implicit attitudes. (shrink)

Since Elga published his “Self-locating belief and the Sleeping Beauty problem,” there has been an intense debate about which credence between 1/2 and 1/3 Beauty should assign to (H) the coin’s landing heads, when she is awakened on Monday. The Halfers claim that she ought to assign 1/2 to H at that moment. The Thirders argue that she ought to assign 1/3 to H then. Meanwhile, Pettigrew defended a new chance-credence coordination principle, called the “Evidential Temporal Principle” (ETP), in a (...) recent edition of his book. In this paper, I provide a novel argument against the Halfer view and a partial defense of the Thirder view, respectively based on ETP. In addition, I generalize ETP to what I call the “Evidential Centered Principle,” which links one’s credences in centered propositions with their objective chances. (shrink)

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

L’addition, dans la cinquième édition en 1683 de La Logique ou L’Art de penser, d’un chapitre consacré à la définition générale du signe et de plusieurs chapitres relevant spécifiquement d’une analyse des signes linguistiques, a été parfois interprétée comme une apparition tardive du “problème du langage” dans le traité d’Arnauld et Nicole. Parce que la plupart de ces chapitres supplémentaires sont la transposition de passages auparavant destinés dans la Perpétuité de la foi (1669-1674) à réfuter le sens calviniste de Ceci (...) est mon corps, on a été enclin à attribuer l’importance de la question du signe et du “problème du langage” dans l’édition de 1683 à une origine théologique. J’essaie au contraire de montrer que, dès la première édition de L’Art de penser en 1662, la problématisation des écarts des expressions linguistiques avec une correspondance terme à terme entre les mots et les idées a été indissociable pour Port-Royal de l’analyse des opérations de l’esprit. Selon moi, dans la Perpétuité de la foi, la critique du sens calviniste de la formule eucharistique constitue elle-même une application de cette analyse logique du langage : les passages incorporés ensuite dans L’Art de penser sont dans le prolongement des réflexions de 1662 sur les difficultés d’adéquation entre le dire et le vouloir-dire. Je montre pour finir que la définition générale du signe à Port-Royal suppose une restructuration de la définition augustinienne du De doctrina christiana, et fonde en 1683 une identification de la relation de signification linguistique à un rapport de représentation des mots aux idées, qui vient redoubler le rapport de représentation des idées aux choses établi en 1662. (shrink)

The Routledge International Handbook of Neuroaesthetics is an authoritative reference work that provides the reader with a wide-ranging introduction to this exciting new scientific discipline. The book brings together leading international academics to offer a well-balanced overview of this burgeoning field while addressing two questions central to the field; how the brain computes aesthetic appreciation for sensory objects, and how is art created and experienced.

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds of structural injustice, each (...) grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)

The contributors represent the complete spectrum of positions between a relativism that challenges the very concept of a single world and the idea that there are ascertainable, objective universals.

1. Chŏngch'i ch'ŏrhak kwa chŏngsin punsŏkhak ŭi mannam -- 2. Han'gugin ŭi chamjae ŭisik kwa chŏngch'i pyŏngni.

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics, working across continental and analytical traditions. Kim Atkins explains and justifies the basis of the practical approach through an explication of the structures of human embodiment and an account of how those structures necessitate a narrative model of selfhood, understanding and ethics. She highlights how recent work on agency and autonomy implicitly draws upon conceptions of embodiment and intersubjectivity that underpin (...) the narrative view. (shrink)

The philosophy of mind has always been a staple of the philosophy curriculum. But it has never held a more important place than it does today, with both traditional problems and new topics often sparked by the developments in the psychological, cognitive, and computer sciences. Jaegwon Kim’s Philosophy of Mind is the classic, comprehensive survey of the subject. Now in its second edition, Kim explores, maps, and interprets this complex and exciting terrain. Designed as an introduction to the field for (...) upper-level undergraduates and graduate students, Philosophy of Mind focuses on the mind/body problem and related issues, some touching on the status of psychology and cognitive science. The second edition features a new chapter on Cartesian substance dualism-a perspective that has been little discussed in the mainstream philosophy of mind and almost entirely ignored in most introductory books in philosophy of mind. In addition, all the chapters have been revised and updated to reflect the trends and developments of the last decade. Throughout the text, Kim allows readers to come to their own terms with the central problems of the mind. At the same time, the author’s own emerging views are on display and serve to move the discussion forward. Comprehensive, clear, and fair, Philosophy of Mind is a model of philosophical exposition. It is a major contribution to the study and teaching of the philosophy of mind. (shrink)

Many philosophers and psychologists argue that out everyday ability to predict and explain the actions and mental states of others is grounded in out possession of a primitive 'folk' psychological theory. Recently however, this theory has come under challenge from the simulation alternative. This alternative view says that human beings are able to predict and explain each other's actions by using the resources of their own minds to simulate the psychological aetiology of the actions of the others. This book and (...) the companion volume Folk Psychology: The Theory of Mind Debate together offer a richly woven fabric of philosophical and psychological theory, which promises to yield real insights into the nature of our mental lives. (shrink)

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind (...) of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy. (shrink)

This paper presents a summary and discussion of an assignment that asked students about the impact of Large Language Models on their college education. Our analysis summarizes students’ perception of GPT-3, categorizes their proposals for modifying college courses, and identifies their stated values about their college education. Furthermore, this analysis provides a baseline for tracking students’ attitudes toward LLMs and contributes to the conversation on student perceptions of the relationship between writing and philosophy.

Of course, although this view on meaning was the prevailing one for almost a century, many of the people who initiated the enterprise of logical semantics, including people like Frege and Wittgenstein, had an open eye for all that it did not catch. However, the logical means which Frege, Wittgenstein, Russell, and the generation that succeeded them, had at their disposal were those of classical mathematical logic and set-theory, and these indeed are not very suited for an analysis of other (...) aspects of meaning than those which the slogan covers. A real change in view then had to await the emergence of other concepts, which in due course became available mainly under the influence of developments in computer science and cognate disciplines such as artificial intelligence. And this is one of the reasons why it took almost a century before any serious and successful challenge of the view that meaning equals truthconditions from within logical semantics could emerge. (shrink)

Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...) the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning--how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality. (shrink)

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics--approaches which work across continental and analytical traditions and which Atkins justifies through an explication of how the structures of human embodiment necessitate a narrative model of selfhood, understanding, and ethics.

This book explores a question central to philosophy--namely, what does it take for a belief to be justified or rational? According to a widespread view, whether one has justification for believing a proposition is determined by how probable that proposition is, given one's evidence. In this book this view is rejected and replaced with another: in order for one to have justification for believing a proposition, one's evidence must normically support it--roughly, one's evidence must make the falsity of that proposition (...) abnormal in the sense of calling for special, independent explanation. This conception of justification bears upon a range of topics in epistemology and beyond. Ultimately, this way of looking at justification guides us to a new, unfamiliar picture of how we should respond to our evidence and manage our own fallibility. This picture is developed here. (shrink)