Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences (...) for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary. (shrink)

Existentialism, 2/e, offers an exceptional and accessible introduction to the richness and diversity of existentialist thought. Retaining the focus of the highly successful first edition, the second edition provides extensive material on the "big four" existentialists--Kierkegaard, Nietzsche, Heidegger, and Sartre--while also including selections from twenty-four other authors. Giving readers a sense of the variety of existentialist thought around the world, this edition also adds new readings by such figures as Luis Borges, Viktor Frankl, Gabriel Garcia Marquez, Keiji Nishitani, and Rainer (...) Maria Rilke. Existentialism, 2/e, also features: New translations of Kierkegaard, Heidegger, and Buber More extensive selections from Kierkegaard, Nietzsche, Heidegger, and Sartre New selections by Hazel E. Barnes, Miguel de Unamuno, Joseph Heller, Philip Roth, and Colin Wilson The Grand Inquisitor (from Dostoevsky's The Brothers Karamazov) Ideal for undergraduate courses in existentialism and Continental philosophy, Existentialism, 2/e, is fascinating reading for anyone interested in the subject. (shrink)

Nozick analyzes fundamental issues, such as the identity of the self, knowledge and skepticism, free will, the foundations of ethics, and the meaning of life.

This chapter compares simple predicates of personal taste (PPTs) such as tasty and beautiful with their complex counterparts (eg tastes good, looks beautiful). I argue that the former differ from the latter along two dimensions. Firstly, simple PPTs are individual-level predicates, whereas complex ones are stage-level. Secondly, covert Experiencer arguments of simple PPTs obligatorily receive a generic interpretation; by contrast, the covert Experiencer of a complex PPT can receive a generic, bound variable or referential interpretation. I provide an analysis of (...) these facts based on a novel proposal about the licensing of individual-level predicates (the ‘Licensing Condition on ILPs’). This condition states that all covert pronominal arguments of an individual-level predicate must be bound by the generic operator. Finally, I show that generic construal of the Experiencer is a necessary condition for faultless disagreement. This is evidence in favour of treatments of subjective meaning that appeal to genericity, and against relativism about PPTs. (shrink)

Robert Misrahi élabore une philosophie exigeante qui s'est toujours tenue à distance des modes traversant le champ intellectuel. Son propos est de définir les conditions d'accès de chacun et de tous à une existence heureuse. Mais le bonheur n'y est pas envisagé comme le résultat de simples techniques de développement personnel. Il est l'acte d'un sujet pleinement responsable de son existence, la prenant en charge, lui conférant du sens et se donnant les moyens de tracer son propre itinéraire. Connaître, (...) fonder, aimer, agir, créer sont les principales étapes qui jalonnent cet itinéraire. Ce livre s'ouvre par une série d'entretiens réalisés de janvier à juin 2011 : l'éthique, la liberté, le judaïsme, la jouissance d'être y sont, tour à tour, discutés. Il se poursuit par une présentation de concepts essentiels : la crise, le désir, l'existence, la réflexion. Ces concepts redéfinis par l'auteur constituent les pivots d'une philosophie originale et créatrice apte à relever les défis posés par notre modernité. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Democracy in an Uncertain World:Expertise as a Provisional Response to VulnerabilityRobert Smid (bio)In the final chapter of American Immanence, Michael Hogue writes that "[r]ather than asking the foundationalist question of what epistemology is needed to ground or justify democracy, the pragmatist asks what epistemology democracy entails. What 'way of knowing' follows from, or is appropriate to, democracy as an associational ethos of vulnerable life?"1 While Hogue and I have (...) explored similar themes in our research on the promises and perils of democracy, this statement identifies a key difference in our respective approaches that has significant implications for the role that democracy can and should play in inquiry as well as for its potential to revolutionize civilization as we know it in the Anthropocene.In what follows, I raise three interrelated points that interrogate that difference. The first pertains to the role of foundations, provisional or otherwise, in Hogue's work, and results in a challenge to the special status seemingly given to democracy and a proposed inversion of the relation he poses between epistemology and democracy. The second pertains to the role of education in a democracy. This is a dimension of traditional pragmatist discourse on democracy that is conspicuously absent in Hogue's book, yet one that has significant implications for his argument. In this section, I will draw out the Deweyan strains of that discourse that appear to inform Hogue's work and contrast them with a Peircean take that yields notably different outcomes. The third point addresses the relation between democracy and sovereignty, a relation that Hogue explicitly eschews but that I will argue maintains some validity within democratic discourse, albeit in a more modest and provisional form. Finally, I draw these three points together in a conclusion that affirms much of Hogue's argument—including the profound vulnerability manifested by the Anthropocene and the need for more resilient forms of associated life—but assert that democracy is no less vulnerable than any other aspect of our uncertain world and therefore cannot be expected to possess within itself all that is necessary for its ongoing development. Building on the inversion of democracy and epistemology in the first section, the constitutive role of education in a [End Page 30] democracy as laid out in the second section, and the argument for a mitigated sovereignty in the third section, I argue that professional expertise provides an acceptable and necessary default when democratic structures fail.I. Provisional FoundationsAs a theopolitics rooted in religious naturalism, Hogue's understanding of democracy is one that is "embodied, relational, and vulnerable."2 That is, knowledge, meaning, and value all emerge out of and are conditioned by their social context, and shift according to the interests and needs of those who lay claim to them. Accordingly, Hogue's argument for democracy is that it is the way of life that allows for the broadest possible participation in such constructions, and which responds most effectively to the conditions of uncertainty and vulnerability surrounding them. It comes as no surprise, then, that his account of democracy is antifoundational, recognizing not only that all inquiry begins in medias res, but also that it emerges from a wide variety of media and that, while one goal of democratic discourse may be to chart a coherent path forward, both the media and the proposed paths are subject to change at any moment. Such antifoundationalism is a fairly standard commitment in pragmatist and process discourse, and thus relatively uncontroversial in its own right. It is worth noting, however, that being committed to antifoundationalism and actually being antifoundationalist in practice are often two very different things, our best efforts to the contrary notwithstanding.It is clear from Hogue's book that he resists any foundationalist epistemology, opting instead to derive his epistemology from democratic practice. As noted above, he asks "[w]hat 'way of knowing' follows from, or is appropriate to, democracy as an associational ethos of vulnerable life?"3 While it is possible that there is one epistemology that is best suited to democracy understood in this way, that epistemology would not, by his account, stand on its own foundation but be contingent on one... (shrink)

From the ferment of recent debates about the intellectual virtues, Roberts and Wood develop an approach they call 'regulative epistemology', exploring the connection between knowledge and intellectual virtue. In the course of their argument they analyse particular virtues of intellectual life - such as courage, generosity, and humility - in detail.

This paper presents novel data regarding the logophoric pronoun in Ewe. We show that, contrary to what had been assumed in the absence of the necessary fieldwork, Ewe logophors are not obligatorily interpreted de se. We discuss the prima facie rather surprising nature of this discovery given the assumptions that de se construals arise via binding of the pronoun by an abstraction operator in the left periphery of the clausal complement of an attitude predicate, and that logophors are elements that (...) are obligatorily bound by such abstractors. We show that this approach can be reconciled with these facts given the additional assumption that elements that are ‘de se’ bound can interact with the concept generator variables posited by Percus and Sauerland to derive de re interpretations of embedded nominals. The proposed set-up has consequences for our understanding of puzzles raised by Heim and Sharvit concerning binding-theoretic effects with de re elements, and for the derivation of the obligatorily de se interpretation of controlled PRO. (shrink)

We relate Popper functions to regular and perfectly additive such non-Archimedean probability functions by means of a representation theorem: every such non-Archimedean probability function is infinitesimally close to some Popper function, and vice versa. We also show that regular and perfectly additive non-Archimedean probability functions can be given a lexicographic representation. Thus Popper functions, a specific kind of non-Archimedean probability functions, and lexicographic probability functions triangulate to the same place: they are in a good sense interchangeable.

It is a near truism of philosophy of language that sentences are prior to words--that they are the only things that fundamentally have meaning. Robert's Stainton's study interrogates this idea, drawing on a wide body of evidence to argue that speakers can and do use mere words, not sentences, to communicate complex thoughts.

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

In this book, Robert Sokolowski argues that being a person means to be involved with truth. He shows that human reason is established by syntactic composition in language, pictures, and actions and that we understand things when they are presented to us through syntax. Sokolowski highlights the role of the spoken word in human reason and examines the bodily and neurological basis for human experience. Drawing on Husserl and Aristotle, as well as Aquinas and Henry James, Sokolowski here employs (...) phenomenology in a highly original way in order to clarify what we are as human agents. (shrink)

George Berkeley notoriously claimed that his immaterialist metaphysics was not only consistent with common sense but that it was also integral to its defense. Roberts argues that understanding the basic connection between Berkeley's philosophy and common sense requires that we develop a better understanding of the four principle components of Berkeley's positive metaphysics: The nature of being, the divine language thesis, the active/passive distinction, and the nature of spirits. Roberts begins by focusing on Berkeley's view of the nature of being. (...) He elucidates Berkeley's view on Locke and the Cartesians and by examining Berkeley's views about related concepts such as unity and simplicity. From there he moves on to Berkeley's philosophy of language arguing that scrutiny of the famous "Introduction" to the Principles of Human Knowledge reveals that Berkeley identified the ideational theory of meaning and understanding as the root cause of some of the worst of man's intellectual errors, not "abstract ideas." Abstract ideas are, rather, the most debilitating symptom of this underlying ailment. In place of the ideational theory, Berkeley defends a rudimentary "use theory" of meaning. This understanding of Berkeley's approach to semantics is then applied to the divine language thesis and is shown to have important consequences for Berkeley's pragmatic approach to the ontology of natural objects and for his approach to our knowledge of, and relation to other minds, including God's. Turning next to Berkeley's much aligned account of spirits, the author defends the coherence of Berkeley's view of spirits by way of providing an interpretation of the active/passive distinction as marking a normative distinction and by focusing on the role that divine language plays in letting Berkeley identify the soul with the will. With these four principles of Berkeley's philosophy in hand, he then returns to the topic of common sense and offers a defense of Berkeley's philosophy as built upon and expressive of the deepest metaphysical commitments of mainstream Christianity. Roberts' reappraisal of this important figure should appeal to all historians of philosophy as well as scholars in metaphysics and philosophy of language. (shrink)

We tested the hypothesis that “good feelings”—the central element of subjective well-being—are associated with interdependence and interpersonal engagement of the self in Japan, but with independence and interpersonal disengagement of the self in the United States. Japanese and American college students (total N = 913) reported how frequently they experienced various emotional states in daily life. In support of the hypothesis, the reported frequency of general positive emotions (e.g. calm, elated) was most closely associated with the reported frequency of interpersonally (...) engaged positive emotions (e.g. friendly feelings) in Japan, but with the reported frequency of interpersonally disengaged positive emotions (e.g. pride) in the United States. Further, for Americans the reported frequency of experience was considerably higher for positive emotions than for negative emotions, but for Japanese it was higher for engaged emotions than for disengaged emotions. Implications for cultural constructions of emotion in general and subjective well-being in particular are discussed. (shrink)

My purpose in this essay is to describe and define the ways in which Afro-American women intellectuals, in the last decade of the nineteenth century, theorized about the possibilities and limits of patriarchal power through its manipulation of racialized and gendered social categories and practices. The essay is especially directed toward two academic constituencies: the practitioners of Afro-American cultural analysis and of feminist historiography and theory. The dialogue with each has its own peculiar form, characterized by its own specific history; (...) yet both groups are addressed in an assertion of difference, of alterity, and in a voice characterized by an anger dangerously self-restrained. For it is not in the nature of Caliban to curse; rather, like Caliban, the black woman has learned from her behaviour of her master and mistress that if accommodation results in a patronizing loosening of her bonds, liberation will be more painful. Hazel V. Carby is assistant professor of English at Wesleyan University. She is the coauthor of the Empire Strikes Back: Race and Racism in Seventies Britain and the author of Uplifting as They Write: The Emergence of the Afro-American Woman Novelist. (shrink)

A revised edition of an undergraduate text for students in history of psychology courses. Designed for one semester, covers: the history of psychology in ancient philosophy, structuralism, neurophysiology, functionalism, behaviorism, psychoanalysis, and gestalt theories. The new edition has expanded.

Religion-based AI chatbots serve religious practitioners by bringing them godly wisdom through technology. These bots reply to spiritual and worldly questions by drawing insights or citing verses from the Quran, the Bible, the Bhagavad Gita, the Torah, or other holy books. They answer religious and theological queries by claiming to offer historical contexts and providing guidance and counseling to their users. A criticism of these bots is that they may give inaccurate answers and proliferate bias by propagating homogenized versions of (...) the religions they represent. These “embodied spiritual machines” may likewise bear bias against women, their gender, and their societal roles. This paper crafts a concept intended to address this GPT issue by reimagining, modifying, and implementing a feminist approach to these chatbots. It examines the concepts and designs of these bots and how they address women-related questions. Along with the challenge of bringing gender and diversity-sensitive religious wisdom closer to the people through technology, the paper proposes a re-engineered model of a fair religion-based AI chatbot. (shrink)

Philosophy has as much to do with feelings as it does with thoughts and thinking. Philosophy, accordingly, requires not only emotional sensitivity but an understanding of the emotions, not as curious but marginal psychological phenomena but as the very substance of life. In this, the second book in a series devoted to his work on the emotions, Robert Solomon presents a defense of the emotions and of sentimentality against the background of what he perceives as a long history of (...) abuse in philosophy and social thought and art and literary criticism. The title piece reopens a classic debate about the role of sentimentality in art and literature. In subsequent chapters, Solomon discusses not only such "moral sentiments" as sympathy and compassion but also grief, gratitude, love, horror, and even vengeance. He also defends, with appropriate caution, the "seven deadly sins." The emotions, at least some emotions--are essential to a well-lived life. They are or can be virtues, features of the human condition without which civilized life would be unimaginable. (shrink)

In this book, Dr. Robert J. Levine reviews federal regulations, ethical analysis, and case studies in an attempt to answer these questions.

Many theorists claim that if an agent benefits from an action that harms others, that agent has a moral duty to compensate those who are harmed, even if the agent did not cause the harm herself. In the debate on climate justice, this idea is commonly referred to as the beneficiary-pays principle . This paper argues that the BPP is implausible, both in the context of climate change and as a normative principle more generally. It should therefore be rejected.

Many theorists claim that if an agent benefits from an action that harms others, that agent has a moral duty to compensate those who are harmed, even if the agent did not cause the harm herself. In the debate on climate justice, this idea is commonly referred to as the beneficiary-pays principle. This paper argues that the BPP is implausible, both in the context of climate change and as a normative principle more generally. It should therefore be rejected.

It is a somewhat vexed question whether presuppositions are always accommodated into the global context of utterance of the sentence, or whether they may sometimes be accommodated into a local context - the context of some subsentential constituent. Von Fintel (2008) argues that there is no local accommodation. He shows that presuppositions in the scope of universally quantified sentences, which have traditionally been handled via local accommodation (eg Heim 1983), can be accounted for by assuming that conversational participants select a (...) domain of quantification such that every relevant element of it has the property required by the presupposition in the scope. It is shown that this domain selection mechanism cannot account for a related set of data involving presupposition triggers in the restrictor rather than scope of the universal. We also discuss the relationship between quantified sentences and conditionals, and general consequences for the theory of presupposition accommodation. (shrink)

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

An examination and defence of the concept of personality, long central to Western moral culture but now increasingly under attack. Robert Spaemann tackles urgent practical questions, such as our treatment of the severely disabled human and the moral status of intelligent non-human animals.

Permissivism says that for some propositions and bodies of evidence, there is more than one rationally permissible doxastic attitude that can be taken towards that proposition given the evidence. Some critics of this view argue that it condones, as rationally acceptable, sets of attitudes that manifest an untenable kind of arbitrariness. I begin by providing a new and more detailed explication of what this alleged arbitrariness consists in. I then explain why Miriam Schoenfield’s prima facie promising attempt to answer the (...) Arbitrariness Objection, by appealing to the role of epistemic standards in rational belief formation, fails to resolve the problem. Schoenfield’s strategy is, however, a useful one, and I go on to explain how an alternative form of the standards-based approach to Permissivism – one that emphasizes the significance of the relationship between people’s cognitive abilities and the epistemic standards that they employ – can respond to the arbitrariness objection. (shrink)

One of our great behavioral scientists, the bestselling author of Behave, plumbs the depths of the science and philosophy of decision-making to mount a devastating case against free will, an argument with profound consequences Robert Sapolsky's Behave, his now classic account of why humans do good and why they do bad, pointed toward an unsettling conclusion: We may not grasp the precise marriage of nature and nurture that creates the physics and chemistry at the base of human behavior, but (...) that doesn't mean it doesn't exist. Now, in Determined, Sapolsky takes his argument all the way, mounting a brilliant (and in his inimitable way, delightful) full-frontal assault on the pleasant fantasy that there is some separate self telling our biology what to do. Determined offers a marvelous synthesis of what we know about how consciousness works-the tight weave between reason and emotion and between stimulus and response in the moment and over a life. One by one, Sapolsky tackles all the major arguments for free will and takes them out, cutting a path through the thickets of chaos and complexity science and quantum physics, as well as touching ground on some of the wilder shores of philosophy. He shows us that the history of medicine is in no small part the history of learning that fewer and fewer things are somebody's "fault"; for example, for centuries we thought seizures were a sign of demonic possession. Yet, as he acknowledges, it's very hard, and at times impossible, to uncouple from our zeal to judge others and to judge ourselves. Sapolsky applies the new understanding of life beyond free will to some of our most essential questions around punishment, morality, and living well together. By the end, Sapolsky argues that while living our daily lives recognizing that we have no free will is going to be monumentally difficult, doing so is not going to result in anarchy, pointlessness, and existential malaise. Instead, it will make for a much more humane world. (shrink)

This paper develops a view of the content of perceptual states that reflects the cognitive significance those states have for the subject. Perhaps the most important datum for such a theory is the intuition that experiences are ‘transparent’, an intuition promoted by philosophers as diverse as Sartre and Dretske. This paper distinguishes several different transparency theses, and considers which ones are truly supported by the phenomenological data. It is argued that the only thesis supported by the data is much weaker (...) than those typically considered in the literature, and has no obvious implications for the existence of sensory intermediaries. It does, however, have implications for the content of perceptual experience. It is argued that combining the first personal project with the transparency intuition yields an error theory of perception. The counterintuitive implications of this error theory are mitigated, however, by an account of perceptual beliefs which allows for them to be true even if the perceptual states are non-veridical. (shrink)

Cet essai a pour motif central le mythe de l'Annonciation, fondateur de l'Europe contractualiste moderne. Il étudie l'importance de l'invasion des " barbares", de la rencontre avec l'Autre et du contrat que l'on passe avec lui, entente étrange d'où naît le sujet politique libre. Il a l'originalité de parler de l'Europe - le dernier continent inexploré -à partir d'un point de vue américain et de parler du politique à partir de textes littéraires: les écrits de Dante, Sade et Aquin. C'est (...) dans une petite barque, une embarcation toute frêle, que nous nous sommes lancé à la découverte d'un continent à peu près inconnu, plus farouche que le continent noir, plus sauvage que les Amériques, et composé de substances plus volatiles, plus inflammables que l'Asie ou l'Orient... Car le continent sur lequel nous avons mis le cap, c'est celui du Verbe. (shrink)

Calls for the inclusion of women in clinical trials raise the obvious question: why have sponsors excluded them? The answer most often given is one tragically evocative word: Thalidomide. The tragedies of the children born with seal limbs because their mothers took this over-the-counter sleeping pill and cure for morning sickness showed that, contrary to previous perceptions, the placenta could not be depended upon to filter out toxins before they reached the fetus. The specter of birth defects spawned sponsors’ fears (...) of a variety of catastrophes which contributed to closing the doors of clinical trials for women.This paper will not argue that the possibility of birth defects arising from the ingestion of an experimental drug does not exist. Sadly, scientists do not yet have the ability to predict which drugs will cause birth defects. Rather, it will argue that case law does not provide a basis for sponsor liability when a woman gives informed consent and the regulations governing clinical trials are followed. (shrink)

Calls for the inclusion of women in clinical trials raise the obvious question: why have sponsors excluded them? The answer most often given is one tragically evocative word: Thalidomide. The tragedies of the children born with seal limbs because their mothers took this over-the-counter sleeping pill and cure for morning sickness showed that, contrary to previous perceptions, the placenta could not be depended upon to filter out toxins before they reached the fetus. The specter of birth defects spawned sponsors’ fears (...) of a variety of catastrophes which contributed to closing the doors of clinical trials for women.This paper will not argue that the possibility of birth defects arising from the ingestion of an experimental drug does not exist. Sadly, scientists do not yet have the ability to predict which drugs will cause birth defects. Rather, it will argue that case law does not provide a basis for sponsor liability when a woman gives informed consent and the regulations governing clinical trials are followed. (shrink)