We enjoy sounds. What about silence: the absence of sound? Certainly not all, but surely many of us seek out, attend to, and appreciate silence. But, if nothing is there, then there is nothing to possess aesthetic qualities that might engage aesthetic interest or reward aesthetic attention. This is at least puzzling, perhaps even paradoxical. In this paper, I attempt to dispel the sense of paradox and provide a way to understand aesthetic appreciation of silence. I argue that silence can (...) have an aesthetic character and can sustain the kinds of rich experiences apt for aesthetic assessment and appraisal. (shrink)

The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex couples (...) and sterile heterosexual couples. The NNLs believe that it is a necessary condition for two people’s being morally and legally entitled to get married that they be able to perform sexual acts that are “suited to procreating.” But sterile heterosexual couples are incapable of performing such acts. Therefore, it should follow from the NNLs’ own premises that sterile heterosexual couples are not entitled to marry. But the NNLs do not draw this conclusion. Instead, they maintain that sterile heterosexuals can marry while denying that the same is true of same-sex couples. The sterility objection claims the NNLs are being inconsistent in treating the two kinds of couples differently. Although the sterility objection has been endorsed by recent critics, I don’t think it has yet been adequately defended. The NNLs have responded by arguing that there is a sense in which the sex acts of sterile heterosexual couples are as suited to reproduction as those of fertile heterosexuals. Thus they maintain that the distinction they draw between the two kinds of couple has a rational basis. A successful defense of the sterility objection must show that this response on the part of the NNLs fails. Such is the task I undertake in this paper. I argue that the NNLs’ response fails because acts of penile-vaginal intercourse between sterile heterosexuals lack the actual causal power to produce conception that sexual acts need to be considered truly reproductive, and because their assumption that penile-vaginal intercourse always functions reproductively is bad biology. (shrink)

What, for Kant, is the semantic status of the proposition: Water is H2O? Is it analytic or synthetic? The question is not one of merely esoteric import since an answer to it would constitute a statement about the meaningfulness of all our scientific propositions. And, insofar as the Critique is a defense of the possibility of the natural sciences, it seems that we should be able to find in it the answer to our question. Further, we should be able to (...) find an answer to the question of whether or not Kant is a scientific essentialist. I attempt to show that he is not an essentialist despite the fact that his semantics of natural kind terms greatly resembles that of some contemporary authors who are essentialists and take their semantic theories to provide evidence for their views. One way to go about this would be simply to locate Kant's criteria for the analytic/synthetic distinction and then to place the proposition in the category dictated by those criteria. Rather than employ this method, I will examine instead some of Kant's own examples. The hope is that by means of the examples the criteria themselves will achieve a greater degree of clarity and that through this clarification Kant's position will emerge as a genuine alternative to contemporary positions. (shrink)

Memphis Elvis is cool; Vegas Elvis is cheesy. How come? To call something cheesy is, ostensibly, to disparage it, and yet cheesy acts are some of the most popular in popular culture today. How is this possible? The concepts of cheese, cheesy, and cheesiness play an important and increasingly ubiquitous role in popular culture today. I offer an analysis of these concepts, distinguishing them from nearby concepts like kitchy and campy. Along the way I draw attention to the important roles (...) of cultural/historical context, background knowledge, and especially artist’s intentions as they are relevant to aesthetic assessments involving cheese and related concepts. I go on to contend that these concepts, properly understood, serve as helpful test cases concerning some important issues in contemporary aesthetics, such as the paradox of negative art and the contentious debate between intentionalists and anti-intentionalists. (shrink)

I argue that silence is replete with aesthetic character and that it can be a rewarding object of aesthetic appreciation, assessment, and appraisal. The appreciation of silence might initially seem impossible, for, it might seem, there is nothing there to behold. Taking up this challenge, I attempt to dispel the sense of paradox. I contend that, despite our never actually experiencing absolute silence, there is much to enjoy in the silences that we do experience. I go on to argue that (...) proper appreciation of silence is a two-way street, involving quiet on the outside and stillness on the inside. I conclude by offering some suggestions for how to make the aesthetic appreciation of silence part of a flourishing life. (shrink)

Feminists are divided on whether consent should be employed in legal definitions of rape. Catharine MacKinnon has criticized the usefulness of consent in enabling legal systems to recognize and prosecute instances of rape (MacKinnon 1989, 2005, 2016). In a recent article in this journal, Lisa H. Schwartzman defends the use of affirmative consent in rape law against MacKinnon’s critique (Schwartzman 2019). In contrast to MacKinnon, Schwartzman claims our understanding of rape must include both force and consent components. In this paper, (...) I will argue in agreement with Schwartzman and against MacKinnon that the legal definition of rape should include an affirmative consent component. I will take Schwartzman’s discussion as my point of departure and consider whether she has responded adequately to MacKinnon’s criticisms of consent. I will argue that her responses are not fully adequate. In particular, she has not successfully rebutted the argument that an appeal to consent is unnecessary once we have accepted an expanded definition of coercion. I will then provide a more affirmative defense of affirmative consent in response to MacKinnon’s most challenging criticism. (shrink)

I look at a recent argument offered in defense of a doctrine which I will call generalized scientific essentialism. This is the doctrine according to which, not only are some facts about substance composition metaphysically necessary, but, in addition, some facts about substance behavior are metaphysically necessary. More specifically, so goes the argument, not only is water necessarily composed of H2O and salt is necessarily composed of NaCl, but, in addition, salt necessarily dissolves in water. If this argument is sound, (...) and if the statement that necessarily salt dissolves in water is a statement of a law of nature, then one conclusion of the argument is that there is at least one metaphysically necessary law of nature. My paper examines the extent to which this kind of argument could be generalized to provide a case for a full-blown scientific essentialism: the doctrine according to which all of the laws of nature are necessary. Or, in terms of dispositions, it is the doctrine according to which natural kinds have all of their powers, capacities and propensities as a matter of necessity. (shrink)

I identify a commonly held position in environmental philosophy, “the received view,” and argue that its proponents beg the question when challenged to demonstrate the relevance of environmental aesthetics for environmental justice. I call this “the inference problem,” and I go on to argue that an alternative to the received view, Arnold Berleant’s participatory engagement model, is better equipped to meet the challenge it poses. By adopting an alternative metaphysics, the engagement model supplies a solution to the inference problem and (...) thereby provides a more useful theoretical framework for application to pressing concernsin environmental justice, such as the plight of the historical Ironbound District of Newark, New Jersey. (shrink)

Journal of Social Philosophy, EarlyView.

Nicholas Wolterstorff and Christopher J. Eberle have defended the view that the ethics of liberal citizenship allows citizens to publicly support the passage of coercive laws based solely on their religious convictions. They also develop positive conceptions of virtuous citizenship that place moral limits on how citizens may appeal to their religion. The question I address in this essay is whether the limits they impose on citizens’ appeals to their religion are adequate. Since Eberle’s “ideal of conscientious engagement” provides us (...) with the most extensive statement of these limits, it is the primary focus of my attention here. My conclusion is that in its current form, Eberle’s ideal is not constraining enough. In the first section, I argue that Eberle’s ideal does not require citizens to be self-critical enough about their religious and political commitments. In the second section, I highlight a conflict between Eberle’s ideal and the need for citizens to respect the religious freedom of their fellow citizens. I argue that the way to resolve this conflict is to adopt a more fine-grained conception of religious reasons and to hold that citizens should not rely on religious reasons of certain kinds. In the final section, I argue that laws punishing or discouraging homosexual conduct (which Eberle’s ideal would apparently allow) violate what Wolterstorff calls “the Idea of liberal democracy” and so are not the kind of proposal that virtuous citizens can defend. (shrink)

Philosophers concerned with the problem of freedom and determinism differ strikingly over the analysis of the concept of human freedom of the will. Compatibilists and incompatibilists, determinists and indeterminists populate the conceptual landscape with a dizzying array of theories differing in complex and subtle ways. Each of these analyses faces an under-appreciated potential challenge: the challenge from scientific essentialism. Might all traditional analyses of freedom of the will be radically ill-conceived because the concept—the nature of freedom itself—is something discoverable only (...) by empirical science? I explore this vexing question. (shrink)

Memphis Elvis is cool; Vegas Elvis is cheesy. How come? To call something cheesy is, ostensibly, to disparage it, and yet cheesy acts are some of the most popular in popular culture today. How is this possible? The concepts of cheese, cheesy, and cheesiness play an important and increasingly ubiquitous role in popular culture today. I offer an analysis of these concepts, distinguishing them from nearby concepts like kitschy and campy. Along the way I draw attention to the important roles (...) of cultural/historical context, background knowledge, and especially artist’s intentions, relevant to aesthetic assessments involving cheese and related concepts. I go on to contend that these concepts, properly understood, serve as helpful test cases concerning some important issues in contemporary aesthetics, such as the paradox of negative art, and the contentious debate between intentionalists and anti-intentionalists. (shrink)

This paper attempts to systematically characterize critical reactions in argumentative discourse, such as objections, critical questions, rebuttals, refutations, counterarguments, and fallacy charges, in order to contribute to the dialogical approach to argumentation. We shall make use of four parameters to characterize distinct types of critical reaction. First, a critical reaction has a focus, for example on the standpoint, or on another part of an argument. Second, critical reactions appeal to some kind of norm, argumentative or other. Third, they each have (...) a particular illocutionary force, which may include that of giving strategic advice to the other. Fourth, a critical reaction occurs at a particular level of dialogue (the ground level or some meta-level). The concepts here developed shall be applied to discussions of critical reactions by Aristotle and by some contemporary authors. (shrink)

We shall investigate the similarities and dissimilarities between old and new dialectic. For the ‘old dialectic’, we base our survey mainly on Aristotle’s Topics and Sophistical Refutations, whereas for the ‘new dialectic’, we turn to contemporary views on dialogical interaction, such as can, for the greater part, be found in Walton’s The New Dialectic. Three issues are taken up: types of dialogue, fallacies, and strategies. Though one should not belittle the differences in scope and outlook that obtain between the old (...) and the new dialectic, the paper will show that in many respects the old dialectic foreshadows the new dialectic. (shrink)

Criticism may degenerate into quibbling or nitpicking. How can discussants keep quibblers under control? In the paper we investigate cases in which a battle about words replaces a discussion of the matters that are actually at issue as well as cases in which a battle about minor objections replaces a discussion of the major issues. We survey some lines of discussion dealing with these situations in profiles of dialogue.

What if in discussion the critic refuses to recognize an emotionally expressed argument of her interlocutor as an argument, accusing him of having presented no argument at all. In this paper, we shall deal with this reproach, which taken literally amounts to a charge of having committed a fallacy of non-argumentation. As such it is a very strong, if not the ultimate, criticism, which even carries the risk of abandonment of the discussion and can, therefore, not be made without burdening (...) oneself with correspondingly strong obligations. We want to specify the fallacies of non-argumentation and their dialectic, i.e., the proper way to criticize them, the appropriate ways for the arguer to react to such criticism, and the appropriate ways for the critic to follow up on these reactions. Among the types of fallacy of non-argumentation, the emphasis will be on the appeal to popular sentiments. Our aim is to reach, for cases of non-argumentation, a survey of dialectical possibilities. By making the disputants themselves responsible for the place of emotion in their dialogues, we hope to contribute to a further development of the theory of dialectical obligations. (shrink)

The application of artificial intelligence and machine learning technologies in healthcare have immense potential to improve the care of patients. While there are some emerging practices surro...

The purpose of this paper is to show the pervasive, though often implicit, role of arguments in negotiation dialogue. This holds even for negotiations that start from a difference of interest such as mere bargaining through offers and counteroffers. But it certainly holds for negotiations that try to settle a difference of opinion on policy issues. It will be demonstrated how a series of offers and counteroffers in a negotiation dialogue contains a reconstructible series of implicit persuasion dialogues. The paper (...) is a sequel to van Laar and Krabbe, in which we showed that for some differences of opinion it may be reasonable to shift from persuasion dialogue, aimed at a resolution of the difference on the merits, to negotiation dialogue, aimed at compromise, whereas in the present paper we show that such a shift need not amount to the abandonment of argumentation. Our main aim in this paper as well as in the previous one is to contribute to the theory of argumentation within the context of negotiation and compromise formation. (shrink)

Negotiation is not only used to settle differences of interest but also to settle differences of opinion. Discussants who are unable to resolve their difference about the objective worth of a policy or action proposal may be willing to abandon their attempts to convince the other and search instead for a compromise that would, for each of them, though only a second choice yet be preferable to a lasting conflict. Our questions are: First, when is it sensible to enter into (...) negotiations and when would this be unwarranted or even fallacious? Second, what is the nature of a compromise? What does it mean to settle instead of resolve a difference of opinion, and what might be the dialectical consequences of mistaking a compromise for a substantial resolution? Our main aim is to contribute to the theory of argumentation within the context of negotiation and compromise formation and to show how arguing disputants can shift to negotiation in a dialectically virtuous way. (shrink)

Some critical reactions hardly give clues to the arguer as to how to respond to them convincingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of “directiveness” that a critical reaction displays. Second, it will be examined whether (...) there are normative requirements that enhance the directiveness of criticism. Does the opponent have in circumstances a dialectical obligation to provide clarifications, explanations, or even arguments? In this paper, it is hypothesized that the competitiveness inherent in critical discussion must be mitigated by making the opponent responsible for providing her counterconsiderations, if available, thus assisting the proponent in developing an argumentative strategy that defuses them. (shrink)

Some critical reactions hardly give clues to the arguer as to how to respond to them convincingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of “directiveness” that a critical reaction displays. Second, it will be examined whether (...) there are normative requirements that enhance the directiveness of criticism. Does the opponent have in circumstances a dialectical obligation to provide clarifications, explanations, or even arguments? In this paper, it is hypothesized that the competitiveness inherent in critical discussion must be mitigated by making the opponent responsible for providing her counterconsiderations, if available, thus assisting the proponent in developing an argumentative strategy that defuses them. (shrink)

Contemporary theory of argumentation offers many insights about the ways in which, in the context of a public controversy, arguers should ideally present their arguments and criticize those of their opponents. We also know that in practice not all works out according to the ideal patterns: numerous kinds of derailments are an object of study for argumentation theorists. But how about the use of unfairstrategiesvis-à-vis one’s opponents? What if it is not a matter of occasional derailments but of one party’s (...) systematic refusal to take other parties seriously? What if one party continually forgoes any form of critical testing and instead resorts to threats or blackmail? Can this be countered by the tools of reason? Or should one pay one’s opponent back in the same coin? To gain some grasp of these issues, we describe a number of strategies used in the public controversy about induced earthquakes in Groningen. We check whether these strategies arefair,i.e.balanced, transparent,andtolerant.We also investigate the effects of the choice for a particular kind of strategy. It appears that, in circumstances, choosing a fair strategy may be detrimental for resolving the controversy and choosing an unfair one beneficial. Following up ideas from social psychology and political science, we formulate some guidelines for the choice of strategies. At the end, we stress the importance — especially for those whose opinions carry little weight — of having a society in which the knowledge and skills needed for assessing the fairness of strategies are widespread. (shrink)

When can exerting pressure in a public controversy promote reasonable outcomes, and when is it rather a hindrance? We show how negotiation and persuasion dialogue can be intertwined. Then, we examine in what ways one can in a public controversy exert pressure on others through sanctions or rewards. Finally, we discuss from the viewpoints of persuasion and negotiation whether and, if so, how pressure hinders the achievement of a reasonable outcome.

Participants were asked to draw inferences about correlation from single x,y observations. In Experiment 1 statistically sophisticated participants were given the univariate characteristics of distributions of x and y and asked to infer whether a single x, y observation came from a correlated or an uncorrelated population. In Experiment 2, students with a variety of statistical backgrounds assigned posterior probabilities to five possible populations based on single x, y observations, again given knowledge of the univariate statistics. In Experiment 3, statistically (...) naïve participants were given a problem analogous to that given in Experiment 1, framed verbally. Experiment 4 replicated Experiment 3 but added an “impossible to determine” response option. Models that rely on computing sample correlations make no predictions about these investigations. From a Bayesian perspective, participants’ inferences in all four experiments tended to make probabilistically valid inferences as long as the single datum was directional. The results are discussed in light of the Brunswikian notion of vicarious functioning. (shrink)

An analysis of student learning with the LISP tutor indicates that while LISP is complex, learning it is simple. The key to factoring out the complexity of LISP is to monitor the learning of the 500 productions in the LISP tutor which describe the programming skill. The learning of these productions follows the power‐law learning curve typical of skill acquisition. There is transfer from other programming experience to the extent that this programming experience involves the same productions. Subjects appear to (...) differ only on the general dimensions of how well they acquire the productions and how well they retain the productions. Instructional manipulations such as remediation, content of feedback, and timing of feedback are effective to the extent they give students more practice programming, and explain to students why correct solutions work. (shrink)

In the dialogue Plato portrays a confrontation between Euthyphro, a self-appointed expert on matters divine, who is about to charge his own father with impiety for alleged mistreatment and eventual death of a slave, and Socrates, already charged with impiety, who exploits the coincidence to elicit from Euthyphro certain complexities of the concept of 'piety'.

This book contains fifteen essays all seeking to regain the original meaning of philosophy as the love of wisdom. _Mythos_ and _Logos_ are two essential aspects of a quest that began with the ancient Greeks. As concepts fundamental to human experience, _Mythos_ and _Logos_ continue to guide the search for truth in the twenty-first century.