In lieu of an abstract, here is a brief excerpt of the content:Amicus BriefMartha C. Nussbaumii. summary of the argumentThis brief argues that the law requires reformation to protect our modern scientific and philosophical understanding that many animals can live their own meaningful lives and that the Court should reform the law in this case.1 Modern science demonstrates that elephants are complex beings that can form a conception of the self, as observed by Judge Fahey, form strong social and emotional (...) bonds among themselves and others, and that the Zoo's conduct harms Happy in both physical and intangible ways.Furthermore, this brief argues that the lower courts in Lavery I and II applied the wrong philosophical framework to the question of whether certain non-human animals should be considered legal persons. Instead of animal rights being based on the capacity to engage in a social contract and to bear legal duties, the proper framework for animal rights is the capabilities approach, which asks how the law can help animals like Happy not only live but thrive. Accordingly, this brief explains the importance of this appeal, the Court's opportunity to reform [End Page 15] the field of animal law, and the potential to release Happy from a life of captivity, ensuring she lives the rest of her life in a manner that respects her capabilities.iii. argument1. This Case Matters Because It Is Time to Reform the Law to Protect Our Modern Scientific and Philosophical Understanding That Many Animals Are Capable of Living Their Own Meaningful LivesModern science now recognizes a very important fact about many animals, including elephants. They are not merely biological units that simply need food and a suitable environment to survive and maintain a viable population. Today, scientists view many animals as beings capable of living their own meaningful lives. Early Indian and Roman cultures understood the complexity of animal lives and the implications of this complexity surrounding the humane treatment of animals; public awareness of this fact is widespread today. Almost all ancient Greek and Roman philosophical schools attributed complex forms of cognition and numerous emotions to animals,2 a precursor to our current laws against cruel practices to animals.What philosophy and, more recently, science have understood but the law has not, is that elephants are sentient beings who can feel emotion, foster relationships, create communities, and form a conception of the self. Our current legal system fails to respect species-specific, central capabilities. Although each of the fifty states has animal cruelty laws,3 these laws protect only a small number of animals and fail to constrain, to any meaningful extent, the widespread infliction of suffering. They ban only the intentional, purposeful suffering of some animals, and fail to recognize the impact that captivity, lack of relationships, and solitude cause a creature like Happy.This Court has the opportunity to create legal precedent that provides these living creatures the legal right to thrive and survive in ways that coincide with their specific capabilities, and prevent not only the infliction of physical pain, but emotional and psychological injury as well.2. The Magical Lives of ElephantsElephants are cognitive, complex creatures with distinct societies, emotions, and lives. They form societies that foster the wellbeing of each member, in which their emotions and development from childhood through adulthood are readily apparent.4 A combat staged between humans and elephants in 55 B.C. by the Roman leader Pompey paints a prime example of these complex emotions and connections with other animals, namely humans. Surrounded in the arena, the elephants perceived that they had no hope of escape. According to Pliny, the elephants then "entreated the crowd, trying to win its compassion with indescribable [End Page 16] gestures, bewailing their plight with a sort of lamentation."5 The audience, moved to pity and anger by their plight, rose to curse Pompey—feeling, wrote Cicero, that the elephants had a relation of commonality (societas) with humans.6 However, this connection with humans cannot be substituted for true, similar companionship from other elephants, which Happy has lacked for almost two decades.Elephants' ability to connect with other elephants and animals may be attributable to their long life spans; they are the most... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wuthering Heights: The Romantic AscentMartha NussbaumI“If I were in heaven, Nelly,” she said, “I should be extremely miserable.”“I dreamt, once, that I was there.... [H]eaven did not seem to be my home; and I broke my heart with weeping to come back to earth; and the angels were so angry that they flung me out, into the middle of the heath on the top of Wuthering Heights, where I (...) woke sobbing for joy.” 1Cathy’s soul cannot live in the Christian heaven. For her soul, she explains, is the same as Heathcliff’s soul, and the heavenly soul of Linton is as different from theirs “as a moonbeam from lightning, or frost from fire” (p. 95). Much later, as she lies on her deathbed, now the wife of Edgar Linton, thinking the Linton thought that what she wants is an escape into “that glorious world” of paradise and peace, Heathcliff watches her with burning eyes. At last she calls to him:In her eagerness she rose and supported herself on the arm of the chair. At that earnest appeal he turned to her, looking absolutely desperate. His eyes, wide and wet, at last flashed fiercely on her; his breast heaved convulsively. An instant they held asunder, and then how they met I hardly saw, but Catherine made a spring, and he caught her, and they were locked in an embrace from which I thought my mistress would never be released alive: in fact, to my eyes, she seemed directly insensible. He flung himself into the nearest seat, and on my approaching hurriedly to ascertain if she had fainted, he gnashed at me, and foamed like a mad dog, and gathered her to him with greedy jealousy. I did not feel as if I were in the company of a creature of my own species: it appeared that he would not understand, though I spoke to him; so I stood off, and held my tongue, in great perplexity.(pp. 188–89) [End Page 362]Brontë’s description alludes to the imagery of the Christian ascent tradition. As in Augustine and Dante, love is a flame that animates the eyes, a lightning bolt that pierces the fog of our obtuse daily condition; as in that tradition, love’s energy causes the lover to leap away from the petty egoism of the daily into an ecstatic and mutually loving embrace. But we know we are far from the world of the Christian ascent, even its erotic Augustinian form. Cathy’s spring is not an upward, but a horizontal movement—not toward heaven, but toward her beloved moors and winds, severed from which she would find heaven miserable; not toward God but toward Heathcliff, the lover of her soul. Nor is there redemption into heaven in this work; there is, if anything, a redemption from a world dominated by the imagination of heaven, into a world that the pious Ellen Dean can recognize only as an animal world, a world inhabited by creatures of a different species, who probably do not understand language, so thoroughly are they identified with the energy of the body. A few hours after Cathy’s death Heathcliff, as Ellen Dean tells us, in a sudden “paroxysm of ungovernable passion,” dashes his head against the knotted trunk of a tree, splashing the bark with blood, “and, lifting up his eyes, howled, not like a man, but like a savage beast being goaded to death with knives and spears” (p. 197). It is in his world alone, it would seem, that flame is truly found. As Cathy said to Edgar Linton, “Your cold blood cannot be worked into a fever: your veins are full of ice-water; but mine are boiling, and the sight of such chillness makes them dance.”Brontë’s novel situates itself within a long tradition of writing about love and its ascent or purification. This tradition, inaugurated by Socrates’ description of the ladder of love in Plato’s Symposium, is continued by later Platonists, and radically reformulated by Christian thinkers, who stress, against Plato, the soul’s receptivity and vulnerability to the inscrutable operations of grace. In both the Platonic and... (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha Nussbaum seeks (...) a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)

This volume brings together Nussbaum's published papers on the relationship between literature and philosophy, especially moral philosophy.

Three eminent scientists analyze the scientific, social, and political roots of biological determinism.

Animals today and tomorrow -- What makes an argument? -- Should animals be used in rodeo sports? -- Should animals be kept as pets? -- Should zoos and safari parks be banned?

Visual Agnosia is a comprehensive and up-to-date review of disorders of higher vision that relates these disorders to current conceptions of higher vision from cognitive science, illuminating both the neuropsychological disorders and the nature of normal visual object recognition.Brain damage can lead to selective problems with visual perception, including visual agnosia the inability to recognize objects even though elementary visual functions remain unimpaired. Such disorders are relatively rare, yet they provide a window onto how the normal brain might accomplish the (...) complex task of vision. Visual Agnosia reviews a century of case studies of higher-level visual deficits following brain damage, places them in the general context of current neuroscience, and draws relevant conclusions about the organization of normal visual processing. It is unique in drawing on research in cognitive psychology, computational vision, visual neurophysiology, and neuropsychology to interpret the agnosias and draw inferences from them about visual object recognition.Following a historical account of agnosia research, Visual Agnosia offers a taxonomy of a wide range of agnosia syndromes, describing and interpreting the syndromes in terms of the latest theoretical models of visual processing and ultimately bringing them to bear as evidence on a variety of questions in the study of higher vision.Martha J. Farah is Associate Professor of Psychology at Carnegie Mellon University. Visual Agnosia is included in the Issues in Biology of Language and Cognition series, edited by John Marshall. (shrink)

The ethics of Aristotle , and virtue ethics in general, have enjoyed a resurgence of interest over the past few decades. Aristotelian themes, with such issues as the importance of friendship and emotions in a good life, the role of moral perception in wise choice, the nature of happiness and its constitution, moral education and habituation, are finding an important place in contemporary moral debates. Taken together, the essays in this volume provide a close analysis of central arguments in Aristotle's (...) Nicomachean Ethics and show the enduring interest of the questions Aristotle raises. (shrink)

In the explosion of recent books on Heidegger, Karl Löwith’s work, now available in an excellent English edition, distinguishes itself by careful historical scholarship and insightful immanent critique. Along with Hannah Arendt, Hans Jonas, and Herbert Marcuse, Löwith was one of Heidegger’s first students; all were later forced into exile by the National Socialist movement their teacher publicly supported for a time. Löwith’s work on the philosophy of history and the nineteenth century is already well known in English; now we (...) can appreciate his evaluation of Heidegger. Invoking Nietzsche’s dictum, “One repays a teacher poorly if one always remains only a pupil”, Löwith here achieves a balanced critique of Heidegger’s thought and its political implications. He avoids both defensive apologies and ad hominem attacks: “Between the two extremes of fascination and repulsion, we are attempting to pursue a critical middle path”. As Richard Wolin explains in the introduction, “Throughout Löwith’s narrative it is not Heidegger’s greatness as a thinker that is in dispute, but the uses to which that greatness allowed itself to be put”. (shrink)

Many philosophers have claimed that the folk endorse moral universalism. Some have taken the folk view to support moral universalism; others have taken the folk view to reflect a deep confusion. And while some empirical evidence supports the claim that the folk endorse moral universalism, this work has uncovered intra-domain differences in folk judgments of moral universalism. In light of all this, our question is: why do the folk endorse moral universalism? Our hypothesis is that folk judgments of moral universalism (...) are generated in part by a desire to punish. We present evidence supporting this across three studies. On the basis of this, we argue for a debunking explanation of folk judgments of moral universalism. Our results not only further our understanding of the psychological processes underpinning folk judgments of moral universalism. They also bear on philosophical discussions of folk meta-ethics. (shrink)

In this critique, Martha Nussbaum argues that our dominant theories of development have given us policies that ignore our most basic human needs for dignity and self-respect.

In this major book Martha Nussbaum, one of the most innovative and influential philosophical voices of our time, proposes a kind of feminism that is genuinely international, argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. Nussbaum argues that international political and economic thought must be sensitive to gender difference (...) as a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations. (shrink)

Biological individuality is a notoriously thorny topic for biologists and philosophers of biology. In this paper we argue that biological individuality presents multiple, interconnected questions for biologists and philosophers that together form a problem agenda. Using a case study of an interdisciplinary research group in ecology, behavioral and evolutionary biology, we claim that a debate on biological individuality that seeks to account for diverse practices in the biological sciences should be broadened to include and give prominence to questions about uniqueness (...) and temporality. We show that broadening the problem agenda of biological individuality draws attention to underrecognized philosophical issues and discussions and thereby organizes and enriches the existing debate. (shrink)

When cognitive neuropsychologists make inferences about the functional architecture of the normal mind from selective cognitive impairments they generally assume that the effects of brain damage are local, that is, that the nondamaged components of the architecture continue to function as they did before the damage. This assumption follows from the view that the components of the functional architecture are modular, in the sense of being informationally encapsulated. In this target article it is argued that this “locality” assumption is probably (...) not correct in general. Inferences about the functional architecture can nevertheless be made from neuropsychological data with an alternative set of assumptions, according to which human information processing is graded, distributed, and interactive. These claims are supported by three examples of neuropsychological dissociations and a comparison of the inferences obtained from these impairments with and without the locality assumption. The three dissociations are: selective impairments in knowledge of living things, disengagment of visual attention, and overt face recognition. In all three cases, the neuropsychological phenomena lead to more plausible inferences about the normal functional architecture when the locality assumption is abandoned. Also discussed are the relations between the locality assumption in neuropsychology and broader issues, including Fodor's modularity hypothesis and the choice between top-down and bottom-up research approaches. (shrink)

Emotions shape the landscape of our mental and social lives. Like geological upheavals in a landscape, they mark our lives as uneven, uncertain and prone to reversal. Are they simply, as some have claimed, animal energies or impulses with no connection to our thoughts? Or are they rather suffused with intelligence and discernment, and thus a source of deep awareness and understanding? In this compelling book, Martha C. Nussbaum presents a powerful argument for treating emotions not as alien forces (...) but as highly discriminating responses to what is of value and importance. She explores and illuminates the structure of a wide range of emotions, in particular compassion and love, showing that there can be no adequate ethical theory without an adequate theory of the emotions. This involves understanding their cultural sources, their history in infancy and childhood, and their sometimes unpredictable and disorderly operations in our daily lives. (shrink)

When cognitive neuropsychologists make inferences about the functional architecture of the normal mind from selective cognitive impairments they generally assume that the effects of brain damage are local, that is, that the nondamaged components of the architecture continue to function as they did before the damage. This assumption follows from the view that the components of the functional architecture are modular, in the sense of being informationally encapsulated. In this target article it is argued that this “locality” assumption is probably (...) not correct in general. Inferences about the functional architecture can nevertheless be made from neuropsychological data with an alternative set of assumptions, according to which human information processing is graded, distributed, and interactive. These claims are supported by three examples of neuropsychological dissociations and a comparison of the inferences obtained from these impairments with and without the locality assumption. The three dissociations are: selective impairments in knowledge of living things, disengagment of visual attention, and overt face recognition. In all three cases, the neuropsychological phenomena lead to more plausible inferences about the normal functional architecture when the locality assumption is abandoned. Also discussed are the relations between the locality assumption in neuropsychology and broader issues, including Fodor's modularity hypothesis and the choice between top-down and bottom-up research approaches. (shrink)

This book is a study of ancient views about "moral luck." It examines the fundamental ethical problem that many of the valued constituents of a well-lived life are vulnerable to factors outside a person's control, and asks how this affects our appraisal of persons and their lives. The Greeks made a profound contribution to these questions, yet neither the problems nor the Greek views of them have received the attention they deserve. This updated edition contains a new preface.

Early intervention aims to identify children or families at risk of poor health, and take preventative measures at an early stage, when intervention is more likely to succeed. EI is concerned with the just distribution of “life chances,” so that all children are given fair opportunity to realize their potential and lead a good life; EI policy design, therefore, invokes ethical questions about the balance of responsibilities between the state, society, and individuals in addressing inequalities. We analyze a corpus of (...) EI policy guidance to investigate explicit and implicit ethical arguments about who should be held morally responsible for safeguarding child health and well-being. We examine the implications of these claims and explore what it would mean to put the proposed policies into practice. We conclude with some remarks about the useful role that philosophical analysis can play in EI policy development. (shrink)

Humans often attribute the things that happen to one or another actual cause. In this chapter, we survey some recent philosophical and psychological research on causal attribution. We pay special attention to the relation between graphical causal modeling and theories of causal attribution. We think that the study of causal attribution is one place where formal and experimental techniques nicely complement one another.

_From Naming to Saying_ explores the classicquestion of the unity of the proposition, combining an historical approach with contemporary causal theories to offer a unique and novel solution. Presents compelling and sophisticated answers to questions about how language represents the world. Defends a novel approach to the classical question about the unity of the proposition. Examines three key historical theories: Frege’s doctrine of concept and object, Russell’s analysis of the sentence, and Wittgenstein’s picture theory of meaning. Combines an historical approach (...) with discussion and defense of a contemporary causal theory of the unity of the proposition. Establishes a view compatible with, though not dependent on, a causal theory of meaning. (shrink)

This book casts new light on the traditional disagreement between those who hold that we cannot be morally responsible for our actions if they are causally determined, and those who deny this. Klein suggests that reflection on the relation between justice and deprivation offers a way out of this perplexity.

The history of biology is mottled with disputes between two distinct approaches to the organic world: structuralism and functionalism. Their persistence across radical theory change makes them difficult to characterize: the characterization must be abstract enough to capture biologists with diverse theoretical commitments, yet not so abstract as to be vacuous. This Element develops a novel account of structuralism and functionalism in terms of explanatory strategies (Section 2). This reveals the possibility of integrating the two strategies; the explanatory successes of (...) evolutionary-developmental biology essentially depend on such integration (Section 3). Neither explanatory strategy is universally subordinate to the other, though subordination with respect to particular explanatory tasks is possible (Section 4). Beyond structuralism and functionalism, philosophical analysis that centers explanatory strategies can illuminate conflicts within evolutionary theory more generally (Section 5). (shrink)

Shepherd propounds a theory of mind with a fair claim to be better than Hume’s at explaining the sources of commonly held human beliefs about causal necessity due largely to her relational theory of sense perception. In comparison with Hume’s account, it incorporates a more sophisticated treatment of mental representation, especially the role of relational structure and logical form. Most important, perhaps, Shepherd’s theory enforces the division, obscured by Hume, between the evidence of necessity and the metaphysical foundation of necessity.

Ackelsberg investigates women’s activist participation in the National Congress of Neighborhood Women, a Brooklyn association established in 1974–75, which she treats as a model of democratic civic engagement that incorporated differences while avoiding the exclusions of the past. The NCNW assisted poor and working class women in organizing to better meet their needs and those of their communities. It arose in response to the ways women were either ignored or belittled when they attempted to engage in political work both in (...) their communities and beyond. In working with each other, the women found that they needed to address issues of diversity. The programs they created to help build bridges across differences that helped facilitate their successful activism while, simultaneously, broadening their understanding of what constitutes “politics.”. (shrink)

In this paper I develop a concept of behavioural ecological individuality. Using findings from a case study which employed qualitative methods, I argue that individuality in behavioural ecology should be defined as phenotypic and ecological uniqueness, a concept that is operationalised in terms of individual differences such as animal personality and individual specialisation. This account make sense of how the term “individuality” is used in relation to intrapopulation variation in behavioural ecology. The concept of behavioural ecological individuality can sometimes be (...) used to identify individuals. It also shapes research agendas and methodological choices in behavioural ecology, leading researchers to account for individuals as sources of variation. Overall, this paper draws attention to a field that has been largely overlooked in philosophical discussions of biological individuality and highlights the importance of individual differences and uniqueness for individuality in behavioural ecology. (shrink)

ABSTRACTWhen faced with hardship, how do we emotionally appraise the situation? Although many factors contribute to our reasoning about hardships, in this article we focus on the role of linguistic metaphor in shaping how we cope. In five experiments, we find that framing a person’s cancer situation as a “battle” encourages people to believe that that person is more likely to feel guilty if they do not recover than framing the same situation as a “journey” does. Conversely, the “journey” frame (...) is more likely to encourage the inference that the person can make peace with their situation than the “battle” frame. We rule out lexical priming as an explanation for this effect and examine the generalizability of these findings to individual differences across participants and to a different type of hardship—namely, an experience with depression. Finally, we examine the language participants produced after encountering one of these metaphors, and we find tendencies to repeat and extend the metaphors encountered.... (shrink)