In a little over two hundred years, American legal thought moved from premodernism through modernism and into postmodernism. This book charts that intellectual voyage, stressing both the historical contexts in which ideas unfolded and the inherent force of the ideas themselves.Author Stephen M. Feldman first defines "premodernism," "modernism," and "postmodernism," then explains the development of American legal thought through these three intellectual periods. His narrative revolves around two broad, interrelated themes: jurisprudential foundations and the notion of progress. He (...) points out that much of American legal thought has grappled with the problem of identifying the foundations of the American judicial system and judicial decision making. The various ideas of jurisprudential foundations, moreover, are closely tied to shifting notions of progress-the definition of the term, assumptions about the possibility of progress, and hopes about how law might contribute to it.This book's broad historical sweep and its clear explanations of the competing theoretical positions of current legal scholarship make it indispensable to students and scholars of jurisprudence and American legal history. (shrink)

Critics of Hans-Georg Gadamer maintain that his philosophical hermeneutics is unduly conservative: supposedly, Gadamer too readily accepts tradition and too quickly assumes that a text has a unified and understandable meaning. Critics of Jacques Derrida, meanwhile, declare that deconstruction leads to nihilism: if the meaning of every text is undecidable, then a text can mean anything at all - no one meaning is better or worse than any other. And if there is no ground to stand upon, these critics add, (...) then how can we normatively evaluate others? In this essay, I respond to the critics of both Gadamer and Derrida by arguing that philosophical hermeneutics and deconstruction should be understood as complementary postmodern philosophies, as mutually supportive descriptions of the hermeneutic situation. As such, deconstruction counters the charge that philosophical hermeneutics is conservative: instead, a Derridean view uncovers the radical political potential that resides within Gadamer's philosophical hermeneutics. Meanwhile, philosophical hermeneutics counters the charge that deconstruction is nihilistic and cannot support ethical or political critique. A Gadamerian view explains how deconstruction assumes the possibility of understanding meaning and maintaining values that can engender critique. Key Words: deconstruction • Derrida • Gadamer • hermeneutics • justice • philosophical hermeneutics • postmodernism. (shrink)

Jeremy Waldron, The Harm in Hate Speech, 304 pp. The city of St. Paul, Minnesota, enacted a hate speech ordinance: Whoever places on public or privat...

This essay argues that Hans-Georg Gadamer's philosophical hermeneutics, Jürgen Habermas's communication theory, and Jacques Derrida's deconstruction all fit together within one philosophical paradigm: metamodernism. Metamodernism, as defined, is opposed to both modernism and radical forms of postmodernism. Within metamodernism, a political conundrum provides the key clue for understanding the relations among Gadamer, Habermas, and Derrida as well as for elaborating the contours of the paradigm. Specifically, the political implications of the three philosophies are intransitive: they seem to shift around rather (...) than being in fixed relations to each other. So, for instance, Gadamer sometimes seems to the political right of both Habermas and Derrida, but then, at different times, he stands between them, and then again, at other times, he seems to be to the left of both. This political paradox suggests that the traditional political categories of liberalism and conservatism do not suitably reflect the critical positions within metamodernism. Gadamer, Habermas, and Derrida are far more concerned with explaining the possibility and techniques of interpretive and social critique, while remaining true to the metamodernist paradigm, rather than fitting themselves into the traditional liberal or conservative political camps. (shrink)

This collection of recent articles by leading scholars is designed to illuminate one of the greatest and most influential philosophical books of all time. It includes incisive commentary on every major theme and argument in the Meditations, and will be valuable not only to philosophers but to historians, theologians, literary scholars, and interested general readers.

How might epistemology build upon its past and present, so as to be better in the future? Epistemology Futures takes bold steps towards answering that question. What methods will best serve epistemology? Which phenomena and concepts deserve more attention from it? Are there approaches and assumptions that have impeded its progress until now? This volume contains provocative essays by prominent epistemologists, presenting many new ideas for possible improvements in how to do epistemology. Contributors: Paul M. Churchland, Catherine Z. Elgin, Richard (...) Feldman, A. C. Grayling, Stephen Hetherington, Christopher Hookway, Hilary Kornblith, Mark Kaplan, William G. Lycan, Adam Morton, Jonathan M. Weinberg, Linda Zagzebski. (shrink)

Climate change is a global problem that is predominantly an intergenerational conflict, and which takes place in a setting where our ethical impulses are weak. This "perfect moral storm" poses a profound challenge to humanity. This book explains how the "perfect storm" metaphor makes sense of our current malaise, and why a better ethics can help see our way out.

This long-awaited work by prominent Harvard psychologist Stephen Kosslyn integrates a twenty-year research program on the nature of high-level vision and mental ...

It is widely assumed that disability is typically a bad thing for those who are disabled. Our purpose in this essay is to critique this view and defend a more nuanced picture of the relationship between disability and well-being. We first examine four interpretations of the above view and argue that it is false on each interpretation. We then ask whether disability is thereby a neutral trait. Our view is that most disabilities are neutral in one sense, though we cannot (...) make simple generalizations about disability's relationship to well-being in other important senses. After defending this view, we discuss its practical implications for selective abortion for disability, nondisabled people's interactions with disabled people, and the use of QALYs in health policy. (shrink)

What might a theory of mental imagery look like, and how might one begin formulating such a theory? These are the central questions addressed in the present paper. The first section outlines the general research direction taken here and provides an overview of the empirical foundations of our theory of image representation and processing. Four issues are considered in succession, and the relevant results of experiments are presented and discussed. The second section begins with a discussion of the proper form (...) for a cognitive theory, and the distinction between a theory and a model is developed. Following this, the present theory and computer simulation model are introduced. This theory specifies the nature of the internal representations (data structures) and the processes that operate on them when one generates, inspects, or transforms mental images. In the third, concluding, section we consider three very different kinds of objections to the present research program, one hinging on the possibility of experimental artifacts in the data, and the others turning on metatheoretical commitments about the form of a cognitive theory. Finally, we discuss how one ought best to evaluate theories and models of the sort developed here. (shrink)

The Unfinished Revolution compares the post-Second World War histories of the American and British gay and lesbian movements with an eye toward understanding how distinct political institutional environments affect the development, strategies, goals, and outcomes of a social movement. Stephen M. Engel utilizes an electic mix of source materials ranging from the theories of Mancur Olson and Michel Foucault to Supreme Court rulings and film and television dialogue. The two case study chapters function as brief historical sketches to elucidate (...) further the conclusions on theory and whilst being politically-oriented, they also examine gay influence and expansion into mainstream popular culture. The book also includes an appendix that surveys and assesses the analytical potential of five critical understandings of social movements: the classical approach, rational choice, resource mobilization, new social movement theories, and political opportunity structures. It will be of value to academics and students of sociology, political science, and history. (shrink)

I critically examine the semantic view of theories to reveal the following results. First, models in science are not the same as models in mathematics, as holders of the semantic view claim. Second, when several examples of the semantic approach are examined in detail no common thread is found between them, except their close attention to the details of model building in each particular science. These results lead me to propose a deflationary semantic view, which is simply that model construction (...) is an important component of theorizing in science. This deflationary view is consistent with a naturalized approach to the philosophy of science. (shrink)

A critical study of two recent books in climate ethics by Dale Jamieson (Reason in a Dark Time, Oxford 2014), and Darrel Moellendorf (The Moral and Political Challenges of Climate Change, Cambridge 2014).

On the traditional view, moral distress arises only in cases where an individual believes she knows the morally right thing to do but fails to perform that action due to various constraints. We seek to motivate a broader understanding of moral distress. We begin by presenting six types of distress that fall outside the bounds of the traditional definition and explaining why they should be recognized as forms of moral distress. We then propose and defend a new and more expansive (...) definition of moral distress and examine how it can enable the development of a taxonomy of moral distress. (shrink)

Disability and enhancement are often treated as opposing concepts. To become disabled in some respect is to move away from those who are enhanced in that same respect; to become enhanced is to move away from the corresponding state of disability. This chapter examines how best to understand the concepts of disability and enhancement in this symmetrical way. After considering various candidates, two types of accounts are identified as the most promising: welfarist accounts and typical-functioning accounts. The authors ultimately defend (...) a complex typical-functioning account as the best way to achieve a symmetrical understanding of disability and enhancement. (shrink)

The peculiar features of the climate change problem pose substantial obstacles to our ability to make the hard choices necessary to address it. Climate change involves the convergence of a set of global, intergenerational and theoretical problems. This convergence justifies calling it a 'perfect moral storm'. One consequence of this storm is that, even if the other difficult ethical questions surrounding climate change could be answered, we might still find it difficult to act. For the storm makes us extremely vulnerable (...) to moral corruption. (shrink)

Fisher’s 1918 paper accomplished two distinct goals: unifying discrete Mendelian genetics with continuous biometric phenotypes and quantifying the variance components of variation in complex human characteristics. The former contributed to the foundation of modern quantitative genetics; the latter was adopted by social scientists interested in the pursuit of Galtonian nature-nurture questions about the biological and social origins of human behavior, especially human intelligence. This historical divergence has produced competing notions of the estimation of variance ratios referred to as heritability. Jay (...) Lush showed that they could be applied to selective breeding on the farm, while the early twin geneticists used them as a descriptive statistic to describe the degree of genetic determination in complex human traits. Here we trace the early history of the heritability coefficient now used by social scientists. (shrink)

The concept of representation has become almost inextricably bound to the concept of symbol systems. the concepts is nowhere more prevalent than in descriptions of "internal representations." These representations are thought to occur in an internal symbol system that allows the brain to store and use information. In this paper we explore a different approach to understanding psychological processes, one that retains a commitment to representations and computations but that is not based on the idea that information must be stored (...) and manipulated in symbol systems. In particular, we suggest that the notion of a symbol system as currently understood construes psychological processes in terms of a specific type of computational system, in which a control function "reads," "interprets," and manipulates discrete entities called "symbols." We argue that other types of computational systems may provide a more appropriate characterization of psychological processes. One implication of our argument is the need to consider the constraints placed on computational theories in psychology by the nature of the computing device itself, the human brain. Perhaps surprisingly, this implication leads us to the conclusion that a "functionalist" conception of psychological processes (discussed below) does not entail that physiology is irrelevant to psychology, as has been maintained by prominent adherents of the symbol-systems approach. (shrink)

It is widely recognized that lives and activities can be meaningful or meaningless, but few have appreciated that they can also be anti-meaningful. Anti-meaning is the polar opposite of meaning. Our purpose in this essay is to examine the nature and importance of this new and unfamiliar topic. In the first part, we sketch four theories of anti-meaning that correspond to leading theories of meaning. In the second part, we argue that anti-meaning has significance not only for our attempts to (...) theorize about meaning in life, but also for our ability to lead meaningful lives in the modern world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:War and the American Difference: Theological Reflections on Violence and National Identity by Stanley HauerwasStephen M. VantasselWar and the American Difference: Theological Reflections on Violence and National Identity STANLEY HAUERWAS Grand Rapids, MI: Baker Academic, 2011. 188 pp. $19.99Stanley Hauerwas continues his prodigious publishing schedule with a book exploring the complex idea of war and the formation of American identity. In his introduction, Hauerwas makes three claims: (1) (...) war has been abolished in Christ; (2) Christians, and likely others, do not recognize how war has taken on religious trappings and become a false liturgy; and (3) the church in its localized placement should embody—and not simply proclaim—an alternative to war. Hauerwas seems to assume the first point since he avoids discussing how war has been abolished in Christ and instead focuses on the second and third points.The book is divided into three sections. Part 1, “America and War,” surveys how Christian terms such as “sacrifice” and “redemption” were interwoven into the nation’s understanding of war. War, Hauerwas argues, has been elevated to an essential component of American identity. He notes that some have argued that war is necessary for democracy to be sustained and flourish since it unites Americans and defends our wealth. Hauerwas decries how Christians, and Protestants in particular, have allowed non-Christian ideas (i.e., notions of America’s use of war) to enter the church. In chapter 3, Hauerwas turns arguments in favor of just war theory on their head by stating that it is not as realistic as claimed. [End Page 243]Part 2, “The Liturgy of War,” engages the moral justification for war. Hauerwas disputes the notion that it is easy to morally separate the violence of war from other forms of violence (44). Although openly admitting his inability to provide an adequate definition of war, Hauerwas continues to believe that war should be abolished. He decries the idea that war-making is virtuous and a proper source for giving society its story and meaning.Part 3, “The Ecclesial Difference,” attempts to outline how the local church can embody principles of nonviolence and thereby show the world another way of living. The local church is critical to Hauerwas’s view because he questions the value of universal notions of justice. Justice, he argues, is identified and understood in the concrete display of a people (114). It is in the church’s diversity that it can model for the world how unity can be maintained without the use of violence.Hauerwas’s insights into the insidious ways war can be baptized in Christian thought and practice should cause all Christians to pause and consider how their allegiance to Christ might have been blurred by an improper allegiance to the state. His use of contemporary scholarship is thought provoking and raises serious questions regarding notions of justice, the Church, and how we understand and frame the use of violence. He rightly exhorts Christians not to make peace with the status quo because we have a down payment on the next age in our possession now. But I think Hauerwas’s suggestion that war is abolished is either an expression of an overrealized eschatology or moral supersessionism. Likewise, I would suggest that America’s use of the language of “sacrifice” and “higher purpose” in discussions about war is not just an attempt to harness the power of religious language but an attempt to moderate the glorification and triumphalism of war. One would only need to compare how America discusses war with that of the ancient Assyria or Egypt to understand the difference. In the end, I suspect readers will find Hauerwas’s arguments to be more evocative than demonstrative. [End Page 244]Stephen M. VantasselKing’s Evangelical Divinity SchoolCopyright © 2014 Society of Christian Ethics... (shrink)

Lucas Matthews and I substantially revised my SEP entry on Heritability. This version includes discussion of the missing heritability problem and other issues that arise from the use of Genome Wide Association Studies by Behavioral Geneticists.

ABSTRACT In Debating Climate Ethics, David Weisbach and I offer contrasting views of the importance of ethics and justice for climate policy. I argue that ethics is central. Weisbach advocates for climate policy based purely on narrow forms of self-interest. For this symposium, I summarize the major themes, and extend my basic argument. I claim that ethics gets the problem right, whereas dismissing ethics risks getting the problem dangerously wrong, and perpetuating profound injustices. One consequence is that we should reject (...) the alleged “feasibility constraint” of short-term, economic self-interest. (shrink)

ABSTRACTThis article offers a constructive critique of the Oxford Principles for the governance of geoengineering and proposes an alternative set of principles, the Tollgate Principles, based on that critique. Our main concern is that, despite their many merits, the Oxford Principles remain largely instrumental and dominated by procedural considerations; therefore, they fail to lay the groundwork sufficiently for the more substantive ethical debate that is needed. The article aims to address this gap by making explicit many of the important ethical (...) questions lurking in the background, especially around values such as justice, respect and legitimacy. (shrink)

Existing institutions do not seem well-designed to address paradigmatically global, intergenerational and ecological problems, such as climate change. 1 In particular, they tend to crowd out intergenerational concern, and thereby facilitate a “tyranny of the contemporary” in which successive generations exploit the future to their own advantage in morally indefensible ways (albeit perhaps unintentionally). Overcoming such a tyranny will require both accepting responsibility for the future and meeting the institutional gap. I propose that we approach the first in terms of (...) a traditional “delegated responsibility” model of the transmission of individual responsibility to collectives, and the second with a call for a global constitutional convention focused on future generations. In this paper, I develop the delegated responsibility model by suggesting how it leads us to understand both past failures and prospective responsibility. I then briefly defend the call for a global constitutional convention. (shrink)

The so-called Disability Paradox arises from the apparent tension between the popular view that disability leads to low well-being and the relatively high life-satisfaction reports of disabled people. Our aim in this essay is to make some progress toward dissolving this alleged paradox by exploring the relationship between disability and various “goods of life”—that is, components of a life that typically make a person’s life go better for her. We focus on four widely recognized goods of life (happiness, rewarding relationships, (...) knowledge, achievement) and four common types of disability (sensory, mobility, intellectual, and social) and systematically examine the extent to which the four disability types are in principle compatible with obtaining the four goods of life. Our findings suggest that that there is a high degree of compatibility. This undermines the widespread view that disabilities, by their very nature, substantially limit a person’s ability to access the goods of life, and it provides some guidance on how to dissolve the Disability Paradox. (shrink)

In two celebrated and widely-anthologized articles, as well as several books, the biologist Garrett Hardin claims (a) that the world population problem has a certain structure – it is a tragedy of the commons - and, (b) that, given this structure, the only tenable solutions involve either coercion or immense human suffering. In this paper, I shall argue for two claims. First, Hardin’s arguments are deeply flawed. The population problem as he conceives it does not have the structure of a (...) commons; and even if it did, this would not necessitate the extreme responses he canvasses. Second, nevertheless, much of Hardin’s pessimism is justified. Some environmental problems associated with population do have tragic structures, though these are of a different form than Hardin envisions. For example, the problem of global climate change has an intergenerational aspect that makes it importantly worse than Hardin’s commons, and for this reason (as opposed to Hardin’s) extreme responses may be needed to avert environmental catastrophe. (shrink)

Ethics is highly relevant to grand technological interventions into basic planetary systems on a global scale (roughly, “geoengineering”). Focusing on climate engineering, this chapter identifies a large number of salient concerns (e.g., welfare, rights, justice, political legitimacy) but argues that early policy framings (e.g., emergency, global public good) often marginalize these and so avoid important questions of justification. It also suggests that, since it is widely held that geoengineering has become a serious option mainly because of political inertia, there are (...) important contextual issues, especially around the paradoxical question, “What should we do, ethically speaking, given that we have not done, and will continue not to do, what we should be doing?” Taking such issues seriously helps to explain why some regard geoengineering as ethically troubling and highlights the largely neglected threat of interventions that discriminate against future generations (“parochial geoengineering”). We should take seriously the risk that, far from being simply a welcome new tool for climate action, geoengineering may become yet another manifestation of the underlying problem. (shrink)

A cutting-edge introduction to environmental ethics in a time of dramatic global environmental change, this collection contains forty-five newly commissioned articles, with contributions from well-established experts and emerging voices in the field.

This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online. For more information, please read the (...) site FAQs. (shrink)

In liberal democracies that were British colonies, law constructs the linkages and distinctions between individual and political bodies. Legality re-iterates the form of an ancient construct called the King’s Two Bodies. The legal construction of these bodies ensures that their borders are continuously and perpetually contested and transgressed, and different modalities of power have arisen to take advantage of them. Additionally, in times of mass insecurity or crisis, we might believe that we need to fix our (personal or political) borders (...) and construct them in more solid ways. However, because other modalities of power take advantage of these borders, even if legal reconstruction can momentarily assuage concerns, it is argued here that legal processes construct borders around individual and political bodies to ensure the (re)production of those contests and crises. (shrink)

This is an updated version of my Stanford Encyclopedia entry on Evolutionary Psychology. The 2018 version contains a new section on Human Nature as well as some new material on recent developments in Evolutionary Psychology.

This essay introduces and defends a new analysis of prudential value. According to this analysis, what it is for something to be good for you is for that thing to contribute to the appeal or desirability of being in your position. I argue that this proposal fits well with our ways of talking about prudential value and well-being; enables promising analyses of the related concepts of luck, selfishness, self-sacrifice, and paternalism; preserves the relationship between prudential value and the attitudes of (...) concern, love, pity, and envy; and satisfies various other desiderata. I also highlight two ways in which the analysis is informative and can lead to progress in our substantive theorizing about the good life. (shrink)

The Carnegie Council's work “is rooted in the premise that the incorporation of ethical concerns into discussions of international affairs will yield more effective policies both in the United States and abroad.” In honor of the Council's centenary, we have been asked to present our views on the ethical and policy issues posed by climate change, focusing on what people need to know that they probably do not already know, and what should be done. In that spirit, this essay argues (...) that climate change poses a profound ethical challenge, that the ongoing evasion of this challenge produces ineffective policy, and, therefore, that a fundamental paradigm shift is needed. More specifically, I maintain that the climate problem is usually misdiagnosed as a traditional tragedy of the commons, that this obscures two deeper and distinctively ethical challenges, and that we should address these challenges head on, by calling for a global constitutional convention focused on future generations. (shrink)

Very few moral philosophers have written on climate change.1 This is puzzling, for several reasons. First, many politicians and policy makers claim that climate change is not only the most serious environmental problem currently facing the world, but also one of the most important international problems per se.2 Second, many of those working in other disciplines describe climate change as fundamentally an ethical issue.3.