For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

This short piece draws on political philosophy to show how social media interference operations can be used by hostile states to weaken the apparent legitimacy of democratic governments. Democratic societies are particularly vulnerable to this form of attack because democratic governments depend for their legitimacy on citizens' trust in one another. But when citizen see one another as complicit in the distribution of deceptive content, they lose confidence in the epistemic preconditions for democracy. The piece concludes with policy recommendations for (...) how democratic governments should protect themselves. (shrink)

When we look back upon people in past societies, such as slaveholders and colonialists, we judge their actions to have been morally atrocious. Yet we should give some thought to how the future will judge us. Here I argue that future people are likely to regard our behavior as no better than that of the past. If these future people are to be believed, then we are morally hopeless; we have little chance of working out the moral truth for ourselves. (...) I argue that we ought to resist this conclusion, and that our best means for doing so it to reject moral objectivity and accept instead a form of time-linked moral relativism. (shrink)

Deepfake technology uses machine learning to fabricate video and audio recordings that represent people doing and saying things they've never done. In coming years, malicious actors will likely use this technology in attempts to manipulate public discourse. This paper prepares for that danger by explicating the unappreciated way in which recordings have so far provided an epistemic backstop to our testimonial practices. Our reasonable trust in the testimony of others depends, to a surprising extent, on the regulative effects of the (...) ever-present possibility of recordings of the events they testify about. As deepfakes erode the epistemic value of recordings, we may then face an even more consequential challenge to the reliability of our testimonial practices themselves. (shrink)

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged (...) text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

This article presents an analytic critique of the predominant revisionist theoretical paradigm of just war (henceforth: revisionism). This is accomplished by means of a precise description and explanation of the practicability problem that confronts it, namely that soldiers that revisionism would deem “unjust” are bound to fail to fulfil the duties that revisionism imposes on them, because these duties are overdemanding. The article locates the origin of the practicability problem in revisionism’s overidealized conception of a soldier as an individual rational (...) agent analogous to the aggressor or defender in a case of lethal self-defense, who is capable of reflecting on the morality of his status in war and of the killing he performs and thus of recognizing his revisionist duties. Revisionism, however, ignores the following fact: Killing in war is not a natural human behavior. This is why training soldiers to kill is—and arguably always has been—a necessity for the existence of war and the killing that occurs in it. Moreover, this training involves a certain level of moral desensitization to violence whose goal is to prevent soldiers from thoroughly reflecting on the morality of the killing they engage in. Hence, war and killing can only exist if soldiers are trained in such a way that they do not reflect on whether they could be addressees of revisionist duties in the first place. This means that military training is a “constitutive condition” of soldiers and war, which is why it cannot excuse their noncompliance with revisionist duties, thus making these duties categorically overdemanding. The argument here draws on the paradigmatic example of modern US military killing conditioning (MC), but embeds it into a broader military-historical perspective that describes how soldiers have always needed to be mentally and morally influenced in order to enable war and killing. The article’s explanation of revisionism’s practicability problem has a constructive consequence for future theory-building in the ethics of war: It implies that a potentially revised ethical theory of war must necessarily analyze the institutions that allocate belligerent resources, if it aims to morally assess battlefield behavior in a practicable manner. (shrink)

John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

Side effects are ubiquitous in medicine and they often play a role in treatment decisions for patients and clinicians alike. Philosophers and health researchers often use side effects to illustrate issues with contemporary medical research and practice. However, technical definitions of ‘side effect’ differ among health authorities. Thus, determining the side effects of an intervention can differ depending on whose definition we assume. Here I review some of the common definitions of side effect and highlight their issues. In response, I (...) offer an account of side effects as jointly (i) unintended and (ii) effects due to the causal capacities or invariances of an intervention. I discuss (i) by examining the intentions or reasons behind therapeutic interventions, and I discuss (ii) by appealing to a manipulationist model of causation. The analysis here highlights that side effects are conceptually distinct from related outcomes like adverse events, adverse drug reactions, and placebo effects. The analysis also allows for reflection on the utility of ‘side effect’ as a technical term in medical research and practice. (shrink)

Although they are continually compositionally reconstituted and reconfigured, organisms nonetheless persist as ontologically unified beings over time – but in virtue of what? A common answer is: in virtue of their continued possession of the capacity for morphological invariance which persists through, and in spite of, their mereological alteration. While we acknowledge that organisms‟ capacity for the “stability of form” – homeostasis - is an important aspect of their diachronic unity, we argue that this capacity is derived from, and grounded (...) in a more primitive one – namely, the homeodynamic capacity for the “specified variation of form”. In introducing a novel type of causal power – a „structural power‟ – we claim that it is the persistence of their dynamic potential to produce a specified series of structurally adaptive morphologies which grounds organisms‟ privileged status as metaphysically “one over many” over time. (shrink)

How can we tell whether an incident counts as a microaggression? How do we draw the boundary between microaggressions and weightier forms of oppression, such as hate crimes? I address these questions by exploring the ontology and epistemology of microaggression, in particular the constitutive relationship between microaggression and systemic social oppression. I argue that we ought to define microaggression in terms of the ambiguous experience that its victims undergo, focusing attention on their perspectives while providing criteria for distinguishing microaggression.

Although contemporary metaphysics has recently undergone a neo-Aristotelian revival wherein dispositions, or capacities are now commonplace in empirically grounded ontologies, being routinely utilised in theories of causality and modality, a central Aristotelian concept has yet to be given serious attention – the doctrine of hylomorphism. The reason for this is clear: while the Aristotelian ontological distinction between actuality and potentiality has proven to be a fruitful conceptual framework with which to model the operation of the natural world, the distinction between (...) form and matter has yet to similarly earn its keep. In this chapter, I offer a first step toward showing that the hylomorphic framework is up to that task. To do so, I return to the birthplace of that doctrine - the biological realm. Utilising recent advances in developmental biology, I argue that the hylomorphic framework is an empirically adequate and conceptually rich explanatory schema with which to model the nature of organisms. (shrink)

First published in 1962, contains the William James Lectures delivered at Harvard University in 1955. It sets out Austin's conclusions in the field to which he directed his main efforts for at least the last ten years of his life. Starting from an exhaustive examination of his already well- known distinction of performative utterances from statements, Austin here finally abandons that distinction, replacing it by a more general theory of 'illocutionary forces' of utterances which has important bearings on (...) a wide variety of philosophical problems. (shrink)

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

The underreporting of suspected adverse drug reactions remains a primary issue for contemporary post-market drug surveillance or ‘pharmacovigilance.’ Pharmacovigilance pioneer W.H.W. Inman argued that ‘deadly sins’ committed by clinicians are to blame for underreporting. Of these ‘sins,’ ignorance and lethargy are the most obvious and impactful in causing underreporting. However, recent analyses show that diffidence, insecurity, and indifference additionally play a major role. I aim to augment our understanding of diffidence, insecurity, and indifference by arguing these sins are underwritten by (...) value judgments arising via epistemic risk. I contend that ‘evidence-based’ medicine codifies these sins. (shrink)

We consider the theory Thprin of Boolean algebras with a principal ideal, the theory Thmax of Boolean algebras with a maximal ideal, the theory Thac of atomic Boolean algebras with an ideal where the supremum of the ideal exists, and the theory Thsa of atomless Boolean algebras with an ideal where the supremum of the ideal exists. First, we find elementary invariants for Thprin and Thsa. If T is a theory in a first order language and α is a linear (...) order with least element, then we let Sentalg be the Lindenbaum-Tarski algebra with respect to T, and we let intalg be the interval algebra of α. Using rank diagrams, we show that Sentalg ⋍ intalg, Sentalg ⋍ intalg ⋍ Sentalg, and Sentalg ⋍ intalg. For Thmax and Thac we use Ershov's elementary invariants of these theories. We also show that the algebra of formulas of the theory Tx of Boolean algebras with finitely many ideals is atomic. (shrink)

A recent development in biology has been the growing acceptance that holobionts, entities comprised of symbiotic microbes and their host organisms, are widespread in nature. There is agreement that holobionts are evolved outcomes, but disagreement on how to characterize the operation of natural selection on them. The aim of this paper is to articulate the contours of the disagreement. I explain how two distinct foundational accounts of the process of natural selection give rise to competing views about evolutionary individuality.

Many of our cognitive capacities are the result of enculturation. Enculturation is the temporally extended transformative acquisition of cognitive practices in the cognitive niche. Cognitive practices are embodied and normatively constrained ways to interact with epistemic resources in the cognitive niche in order to complete a cognitive task. The emerging predictive processing perspective offers new functional principles and conceptual tools to account for the cerebral and extra-cerebral bodily components that give rise to cognitive practices. According to this emerging perspective, many (...) cases of perception, action, and cognition are realized by the on-going minimization of prediction error. Predictive processing provides us with a mechanistic perspective that helps investigate the functional details of the acquisition of cognitive practices. The argument of this paper is that research on enculturation and recent work on predictive processing are complementary. The main reason is that predictive processing operates at a sub-personal level and on a physiological time scale of explanation only. A complete account of enculturated cognition needs to take additional levels and temporal scales of explanation into account. This complementarity assumption leads to a new framework—enculturated predictive processing—that operates on multiple levels and temporal scales for the explanation of the enculturated predictive acquisition of cognitive practices. Enculturated predictive processing is committed to explanatory pluralism. That is, it subscribes to the idea that we need multiple perspectives and explanatory strategies to account for the complexity of enculturation. The upshot is that predictive processing needs to be complemented by additional considerations and conceptual tools to realize its full explanatory potential. (shrink)

This paper examines the scholarship, evidence, and assumptions that place the origins of Chinese drama in shamanic ritual. The paper is roughly divided in two parts: the first contextualizes the use of shamanism within the theories of art and literature of one of the first scholars to link the origins of Chinese theatre to shamanism, Wang Guowei, to show that Wang’s view of the relationship between shamanism and drama differs from mainstream interpretations. The second part assesses the views of modern (...) ethnographers and historians of China on the role of shamanism in theater, with a focus on the work of the scholar Piet van der Loon. (shrink)

The influence of J. L. Austin on contemporary philosophy was substantial during his lifetime, and has grown greatly since his death, at the height of his powers, in 1960. Philosophical Papers, first published in 1961, was the first of three volumes of Austin's work to be edited by J. O. Urmson and G. J. Warnock. Together with Sense and Sensibilia and How to do things with Words, it has extended Austin's influence far beyond the circle who knew (...) him or read the handful of papers he published in journals. (shrink)

Contemporary and emerging chatbots can be fine-tuned to imitate the style, tenor, and knowledge of a corpus, including the corpus of a particular individual. This makes it possible to build chatbots that imitate people who are no longer alive — deathbots. Such deathbots can be used in many ways, but one prominent way is to facilitate the process of grieving. In this paper, we present a framework that helps make sense of this process. In particular, we argue that deathbots can (...) serve as affective scaffolds, modulating and shaping the emotions of the bereaved. We contextualize this affective scaffolding by comparing it to earlier technologies that have also been used to scaffold the process of grieving, arguing that deathbots offer some interesting novelties that may transform the continuing bonds of intimacy that the bereaved can have with the dead. We conclude with some ethical reflections on the promises and perils of this new technology. (shrink)

Theories of skill acquisition have made radically different predictions about the role of general problem‐solving methods in acquiring rules that promote effective transfer to new problems. Under one view, methods that focus on reaching specific goals, such as means‐ends analysis, are assumed to provide the basis for efficient knowledge compilation (Anderson, 1987), whereas under an alternative view such methods are believed to disrupt rule induction (Sweller, 1988). We suggest that the role of general methods in learning varies with both the (...) specificity of the problem solver's goal and the systematicity of the strategies used for testing hypotheses about rules. In the absence of a specific goal people are more likely to use a rule‐induction learning strategy, whereas provision of a specific goal fosters use of difference reduction, which tends to be a non‐rule‐induction strategy. We performed two experiments to investigate the impact of goal specificity and systematicity of rule‐induction strategies in learning and transfer within a complex dynamic system. The results of Experiment 1 indicated that during free exploration of a problem space, greater learning occurred if participants adopted more systematic strategies for rule induction, and that participants come to favor such strategies. Experiment 2 revealed that participants who were provided with a specific goal performed well on the initial problem but were impaired on a transfer test using a similar problem with a different goal. Instruction on a systematic rule‐induction strategy facilitated solution for both the initial and transfer problems, but participants' use of this strategy declined if they had a specific goal. Our results support Sweller's (1988) proposal that general problemsolving methods applied to a specific goal foster acquisition of knowledge about an isolated solution path but do not provide an effective way of learning the overall structure of a problem space. We interpret these results in terms of dualspace theories of search through problem space. (shrink)

Exploratory experiments are widely characterized as experiments that do not test hypotheses. Experiments that do test hypotheses are characterized as confirmatory experiments. Philosophers have pointed out that research programmes can be both confirmatory and exploratory. However, these definitions preclude single experiments being characterized as both exploratory and confirmatory; how can an experiment test and not test a hypothesis? Given the intuition that some experiments are exploratory, some are confirmatory, and some are both, a recharacterization of the relationship between exploratory and (...) confirmatory experimentation is needed. I discuss ‘phase IV’ trials to show what this recharacterization could look like. Phase IV trials can be exploratory and confirmatory insofar as they concurrently test hypotheses and explore for unforeseen phenomena. Even if it is uncontroversial that a single experiment can have multiple aims, the recharacterization of the relationship between exploratory and confirmatory experimentation is still required for these aims to be held together coherently. I offer an alternative characterization of the relationship between exploratory and confirmatory experimentation where the former remains a distinct kind of experimentation but is not characterized as non-hypothesis-testing. (shrink)

Build the skills you need to understand and resolve ethical problems! Ethical Dimensions in the Health Professions, 7th Edition provides a solid foundation in ethical theory and concepts, applying these principles to the ethical issues surrounding health care today. It uses a unique, six-step decision-making process as a framework for thinking critically and thoughtfully, with case studies of patients to illustrate ethical topics such as conflict of interest, patient confidentiality, and upholding best practices. Written by Regina F. Doherty, an (...) educator and occupational therapist, this book will help you make caring and effective ethical choices that improve patient care and outcomes. UNIQUE! Ethical decision-making process provides an organizing framework to use in making the best decisions when faced with ethical problems. Patient stories depict real-life situations and demonstrate the ethical decision-making process. Reflection boxes depict important concepts and stimulate critical thinking. Summary boxes highlight the most important information in each section. Coverage of interprofessional team decision-making reflects this important, expanding movement in healthcare nationally and internationally. Questions for thought and discussion encourage students to apply the ethical decision-making process to different situations. NEW! Updated content throughout the book reflects the changes in the growing interprofessional movement. NEW! Expanded content on clinician well-being includes tools for supporting moral resilience and preventing burnout in health professionals. NEW! Updated content addresses the topics of social justice, health disparities, intersectionality, and health outcomes. NEW! Updated national standards and regulations are provided for electronic health communications, data protections, and clinical research. NEW! Coverage of scientific literature is expanded with studies on the effects of compassion on patient outcomes, patient safety, and provider and organizational well-being. NEW! Coverage of ethical issues impacting healthcare and society includes topics such as medical scarcity due to healthcare supply chain shortages and extreme weather events due to climate change. (shrink)

Morality and Cognitive Science What do we know about how people make moral judgments? And what should moral philosophers do with this knowledge? This article addresses the cognitive science of moral judgment. It reviews important empirical findings and discusses how philosophers have reacted to them. Several trends have dominated the cognitive science of morality in … Continue reading Morality and Cognitive Science →.

Abstract pictures are distinguished from depictive pictures in that no visibly recognizable objects can be seen in them. Abstract pictures are thus non-depictive and non-figurative. The question still remains, however, if abstract pictures can be representations. The aim of this chapter is to defend the view that abstract pictures can be representational and therefore have content or subject matter. It will be shown that there are at least three ways to understand what the subject matter of abstract pictures can be: (...) it is either abstracted from figurative content, it is spiritual or the subject matter is produced. (shrink)

By re-examining the writings of Gadamer and Habermas and their views of earlier interpretive theorists, this book offers a radical challenge to their idea of the 'dialogue' between researchers and their subjects.

Studies on mind-wandering frequently use reading as an experimental task. In these studies, reading is conceived as a cognitive process that potentially offers a contrast to mind-wandering, because it seems to be task-related, goal-directed and stimulus-dependent. More recent work attempts to avoid the dichotomy of successful cognitive processes and processes of mind-wandering found in earlier studies. We approach the issue from the perspective that texts provoke modes of cognitive involvement different from the information processing and recall account that underlies many (...) early mind-wandering studies. After all, reading itself is an umbrella term for activities that are characterized by a variety of phenomenological and functional signatures. We conceptualize reading and mind-wandering in relation to each other through the framework of enculturated predictive processing, which is informed by research in literary studies. Earlier accounts think of reading predominantly in terms of the construction of situation models that organize textual information. By contrast, enculturated predictive processing foregrounds shifting stances readers can take in relation to the text. Characters featuring in literary texts might be mind-wandering themselves, or passages in literary style might make the construction of a clearly defined situational model impossible. Furthermore, we take into account that texts often elicit mind-wandering through the construction of task-relevant and attention-driven virtual scenarios in readers' minds. This more complex account of reading can enrich recent attempts to understand mind-wandering as a complex, multi-dimensional phenomenon. The study of mind-wandering can benefit, we argue, from a closer attention to the process of reading and to the texts it deploys as stimuli. The emerging perspective from enculturated predictive processing and literary studies makes distinctions in reading that in turn enable research on mind-wandering to ask more precise questions about (1) different kinds of mind-wandering, (2) different modes of reading, and (3) how and where they interconnect across time. (shrink)

Did you know that Hillary Clinton sold weapons to ISIS? Or that Mike Pence called Michelle Obama “the most vulgar First Lady we’ve ever had”? No, you didn’t know these things. You couldn’t know them, because these claims are false.1 But many American voters believed them.One of the most distinctive features of the 2016 campaign was the rise of “fake news,” factually false claims circulated on social media, usually via channels of partisan camaraderie. Media analysts and social scientists are still (...) debating what role fake news played in Trump’s victory.2 But whether or not it drove the outcome, fake news certainly affected the choices of some individual voters.Why were people willing to believe easily... (shrink)

In a recent paper, Jakob Hohwy argues that the emerging predictive processing perspective on cognition requires us to explain cognitive functioning in purely internalistic and neurocentric terms. The purpose of the present paper is to challenge the view that PP entails a wholesale rejection of positions that are interested in the embodied, embedded, extended, or enactive dimensions of cognitive processes. I will argue that Hohwy’s argument from analogy, which forces an evidentiary boundary into the picture, lacks the argumentative resources to (...) make a convincing case for the conceptual necessity to interpret PP in solely internalistic terms. For this reason, I will reconsider the postulation and explanatory role of the evidentiary boundary. I will arrive at an account of prediction error minimization and its foundation on the free energy principle that is fully consistent with approaches to cognition that emphasize the embodied and interactive properties of cognitive processes. This gives rise to the suggestion that explanatory pluralism about the application of PP is to be preferred over Hohwy’s explanatory monism that follows from his internalistic and neurocentric view of predictive cognitive systems. (shrink)

Recent work on enculturation suggests that our cognitive capacities are significantly transformed in the course of the scaffolded acquisition of cognitive practices such as reading and writing. Phylogenetically, enculturation is the result of the co-evolution of human organisms and their socio-culturally structured cognitive niche. It is rendered possible by evolved cerebral and extra-cerebral bodily learning mechanisms that make human organisms apt to acquire culturally inherited cognitive practices. In addition, cultural learning allows for the intergenerational transmission of relevant knowledge and skills. (...) Ontogenetically, enculturation is associated with neural plasticity and the development of new motor routines and action schemas. It relies on scaffolded learning that structures novice-teacher interactions. The acquisition of reading and writing are paradigm examples of enculturation. Based on an empirically informed analysis of the components of enculturation, I will apply the emerging account of enculturated cognition to narrative practices. To date, research on the impact of narratives on the constitution of the self and our understanding of folk psychology has not paid much attention to the question how narratives are influenced by cumulative cultural evolution and our capacity to acquire reading and writing during ontogeny. I will argue that textual narratives, above and beyond oral narratives, provide genuinely new ways of narration. Therefore, the enculturated interaction with textual narratives has the potential to contribute to a better understanding of ourselves and other cognitive agents. (shrink)

Major depression is a prevalent mental disorder that leads to persistent negative mood and tremendous suffering in affected individuals. However, the biological realization of this disorder and associated symptom clusters remain poorly understood. Recently, phenomenological accounts of major depressive disorder and contributions to the emerging predictive processing account have provided valuable insights into the phenomenological and neuro-functional components that lead to manifestations of major depressive episodes. The purpose of this paper is to weave together these different strands of research to (...) develop a predictive processing account of major depressive disorder. In doing so, I will relate personal-level descriptions of associated phenomenal experiences to a sub-personal-level predictive processing account of the functional realization of major depression. I will argue that pervasive symptoms of the disorder, which include a diminished sense of agency, fatigue, social withdrawal, and rumination, are integrated by existential feelings of loss and impossibility. These phenomenal experiences, I will argue, are associated with dysfunctional processes of prediction error minimization, which are characterized by an overall decrease of the causal contributions of active inference and by distorted precision estimates. The emerging account promises to contribute to a better understanding of the complex processes that give rise to depressive experiences. (shrink)

Cognitive innovation has shaped and transformed our cognitive capacities throughout history. Until recently, cognitive innovation has not received much attention by empirical and conceptual research in the cognitive sciences. This paper is a first attempt to help close this gap. It will be argued that cognitive innovation is best understood in connection with cumulative cultural evolution and enculturation. Cumulative cultural evolution plays a vital role for the inter-generational transmission of the products of cognitive innovation. Furthermore, there are at least two (...) important functions of enculturation for cognitive innovation. First, enculturation is responsible for the ontogenetic acquisition of cognitive practices governing the interaction with innovative products. Second, successful processes of enculturation provide opportunities for subsequent innovative processes. The trans-generational trajectory of calculation from mathematical symbol systems to the first digital computers will serve as a paradigm example of the delicate interplay of cognitive innovation, cumulative cultural evolution, and enculturation. (shrink)

This paper examines the proposal that the indigenous cosmovision of buen vivir (good living)—the “organizing principle” of Ecuador's 2008 and Bolivia's 2009 constitutional reforms—constitutes an appropriate basis for responding to climate change. Advocates of this approach blame climate change on a “civilizational crisis” that is fundamentally a crisis of modern Enlightenment reason. Certain Latin American feminists and indigenous women, however, question the implications, for women, of any proposed “civilizational shift” seeking to reverse the human separation from nonhuman nature wrought via (...) Enlightenment's “disenchantment of nature.” The paper argues that, in order to adequately address both the climate crisis and feminist concerns about buen vivir, a different critique of Enlightenment modernity is necessary—one drawing on Adorno's philosophy of negative dialectics and on Adorno and Horkheimer's nonidentitarian dialectical understanding of Enlightenment. Conceiving Enlightenment as composed of nonsublatable moments of domination and liberation, Adorno and Horkheimer call for a rational critique of reason and for affinity rather than identity with nonhuman nature. The paper ends with a brief discussion of how feminist critiques of buen vivir and approaches to climate justice can be furthered via an engagement with an environmental feminist philosophy informed by a negative dialectical approach to Enlightenment. (shrink)

The idea of legal rights today enjoys virtually universal appeal, yet all too often the meaning and significance of rights are poorly understood. The purpose of this volume is to clarify the subject of legal rights by drawing on both historical and philosophical legal scholarship to bridge the gap between these two genres--a gap that has divorced abstract and normative treatments of rights from an understanding of their particular social and cultural contexts. Legal Rights: Historical and Philosophical Perspectives shows that (...) the meaning and extent of rights has been dramatically expanded in this century, though along with the widespread and flourishing popularity of rights, voices of criticism have increasingly been raised. The authors take up the question of the foundation of rights and explore the postmodern challenges to efforts to ground rights outside of history and language. Drawing rich historical analysis and careful philosophical inquiry into productive dialogue, this book explores the many facets of rights at the end of the twentieth century. In these essays, potentially abstract debates come alive as they are related to the struggles of real people attempting to cope with, and improve, their living conditions. The significance of legal rights is measured not just in terms of philosophical categories or as a collection of histories, but as they are experienced in the lives of men and women seeking to come to terms with rights in contemporary life. Contributors are Hadley Arkes, William E. Cain, Thomas Haskell, Morton J. Horwitz, Annabel Patterson, Michael J. Perry, Pierre Schlag, and Jeremy Waldron. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College. (shrink)

This article argues that military conditioning (MC) systematically violates the human dignity of soldiers. The argument relies on an absolute deontologist account of human dignity understood as a claim-right to live in self-respect, which is a right to decide on one’s own behalf about, and to be in control of, essential aspects of one’s own life. The article claims that MC violates soldiers’ dignity so understood because the largely automatic physical killing reflex that MC instills aims to remove their freedom (...) of choice to kill or not to kill, while the MC practices that rationalize the killing of opponents aim to subvert soldiers’ moral deliberation in relation to this behavior. MC thus aims to take away soldiers’ control over a very essential aspect of human life: the decision whether to take life in war. Thereby, MC systematically violates their human dignity. The article concludes with a proposal for an amendment to international law that would allow legal institutions to do more justice to soldiers’ dignity. (shrink)