There is a strong moral presumption against the use of coercion, and those who are coerced seem to be less responsible for the actions they were coerced to perform. Both these considerations seem to reflect the effect of coercion on the victim’s choice. This paper examines three ways of understanding this effect. First, I argue against understanding victims as unable to engage in genuine action. Next, I consider the suggestion that victims are unable to consent to participate in the coercer’s (...) plan. Although this suggestion is promising, I argue that the inability to consent reflects a more basic problem. Victims are unable to exercise what I call ‘normative authority’: they are unable to make discretionary changes in the permissions and obligations that they and others have. This final account yields a compelling understanding of why coercion is impermissible when it is and reveals a unique way in which impermissible coercion affects the responsibility of victims. (shrink)

Kant's Formula of Humanity famously forbids treating others merely as a means. It is unclear, however, what exactly treating someone merely as a means comes to. This essay argues against an interpretation of this idea advanced by Christine Korsgaard and Onora O'Neill. The essay then develops a new interpretation that suggests an important connection between the Formula of Humanity and Kant's political philosophy: the content of many of our moral duties depends on the results of political philosophy and, indeed, on (...) the results of actual political decision making. (shrink)

The way in which consent to sexual interactions is understood in the US is undergoing a transformation. Many universities, sometimes at the behest of lawmakers, are moving to adopt ‘affirmative consent’ policies, which define consent in terms of affirmative behavior that goes beyond mere silence or lack of resistance. Although these policies are a move in the right direction, I argue that their content has not been properly understood. In particular, the circumstances in which nonverbal behavior may communicate consent are (...) more limited than might be apparent. And even though these circumstances can be abstractly identified, it is difficult to give people adequate guidance about when some of them obtain. Moreover, I argue that no matter how the allowance for nonverbal behavior is construed, affirmative consent policies unnecessarily prohibit interactions that people may have reason to engage in. I propose an alternative policy that remedies these problems with the affirmative consent policies that are currently being implemented. And I note that the justification for this alternative policy does not turn on any special features of the university setting. Instead, the account I give suggests grounds for reforming the law as well. (shrink)

Democratic theories of free speech hold that the right to free speech is grounded in the nature of collective self-governance. The legitimacy of imposing laws on those who disagree with them depends on giving all citizens an equal right to participate in the lawmaking process, including the right to express their opposition. Ronald Dworkin argues that views of this kind are in tension with hate speech regulation. If we forbid the expression of prejudice, we undermine the legitimacy of laws protecting (...) minority groups. The aim in this chapter is to diffuse the tension Dworkin sees between a democratic justification of the right to free speech and hate speech regulation. This is done by developing an account of how our bodily rights constrain the right to free speech. (shrink)

The prohibition on lying is often thought to be very stringent. Some have even been tempted to think that it is absolute. In contrast, the prohibition on other forms of deception seems to be looser. This paper explores the relationship between the duty not to deceive and the duty not to lie. This discussion is situated in the context of a broadly Kantian account of morality. Kant himself infamously claimed that one ought not lie to a murderer at the door (...) about the location of his intended victim. This paper aims to explain how a broadly Kantian view can endorse a distinctive duty not to lie without thereby being committed to this kind of conclusion. (shrink)

Political liberalism holds that some kinds of disagreement give rise to a duty of restraint. On this view, citizens ought to limit the considerations they invoke in political advocacy to those that meet a certain kind of publicity requirement. Many of the arguments for political liberalism's duty of restraint contain a grain of truth. But properly understood, these arguments instead support the duty of responsiveness, which directs citizens to respond to disagreement in a very different way than the duty of (...) restraint recommends. (shrink)

This paper argues that one’s authority to issue advance directives governing one’s medical care is limited in ways that have not been appreciated. It focuses on advance directives issued by people who go on to suffer from dementia. An adequate account of decision-making for those with dementia should be able to do justice to two related aspects of that condition. First, for practical purposes, sufferers of dementia both are and are not the same people they were before. Second, the “otherness” (...) of the demented self reflects an unraveling rather than a becoming. The demented self is not a new self but rather the same old self in the process of disintegrating. The paper suggests that Christine Korsgaard’s treatment of personal identity provides a helpful framework for understanding these aspects of dementia. It also gives an account of decision-making for those with dementia that is sensitive to these aspects of dementia. (shrink)

Immanuel Kant's _Groundwork for the Metaphysics of Morals_ is widely regarded as one of the most influential works in the history of moral philosophy. Indeed, any student of ethics will soon encounter a translation of the book, although trying to read it is likely to cause bewilderment. What, one may ask, is Kant trying to say? This book provides the answers. Here, seven highly regarded teachers and scholars of Kant's ethics offer remarkably clear explanations of the most important concepts in (...) the _Groundwork_: the good will, happiness, duty, hypothetical and categorical imperatives, the Formula of Universal Law, the Formula of Humanity, and freedom._ Contents:_ Preface _The Good Will_, Nataliya Palatnik _Happiness_, Anne Margaret Baxley _Duty_, Laura Papish _Imperatives_, Tamar Schapiro _The Formula of Universal Law_, Kyla Ebels-Duggan _The Formula of Humanity_, Japa Pallikkathayil _Freedom_, Lucy Allais About the Contributors Index. (shrink)

Christine M. Korsgaard has had a profound influence on moral philosophy over the past forty years. Through her writing and teaching she has developed a distinctive, rigorous, and historically informed way of thinking about ethics, agency, and the normative dimension of human life more generally. The twelve original essays in this volume are written in her honor on the occasion of her retirement from teaching. They engage questions that recur in her work: Why are we obligated to do what morality (...) demands? What features of our nature make us subject to moral obligation? What does it mean to be autonomous and responsible for what we do? What do we owe to nonhuman animals? Contributors include Stephen Darwall, Kyla Ebels-Duggan, Barbara Herman, Richard Moran, Japa Pallikkathayil, Faviola Rivera-Castro, T.M. Scanlon, Tamar Schapiro, Sharon Street, David Sussman, Sigrún Svavarsdóttir, and David Velleman. These essays shed light on Korsgaard's own views while staking out provocative new positions on the topics that feature centrally in her own work. (shrink)

In an article in JAPA 64/3, Lawrence Friedman addresses a question he takes as his title: “Is There a Usable Heidegger for Psychoanalysts?” I am happy to report that this question has already been answered in my own work with a resounding “Yes”!

In lieu of an abstract, here is a brief excerpt of the content:Chinese Buddhism and the Threat of Atheism in Seventeenth-Century EuropeThierry MeynardWhen the Europeans first came to Asia, they met with the multiform presence of Buddhism. They gradually came to understand that a common religious tradition connected the different brands of Buddhism found in Sri Lanka, Thailand, Japan, and China. I propose here to examine a presentation of Buddhism written in Guangzhou by the Italian Jesuit Prospero Intorcetta (1626-1696) around (...) the year 1668. This text was later edited by the Flemish Jesuit Philippe Couplet (1623-1693) and published in Paris in 1687, within an encyclopedia on Chinese thought titled Confucius Sinarum Philosophus (The Chinese Philosopher Confucius, hereafter called CSP).In the first part of this study, I shall introduce the background of the Jesuit encounter with Buddhism, first in Japan and then in China, as well as their literary production on the subject. Then, I shall examine Intorcetta's presentation of Chinese Buddhism, especially his understanding of the two faces of Buddhism: Pure Land Buddhism, which he categorized as superstition, and Chan Buddhism, categorized as atheism. These two notions of superstition and atheism seem contradictory, but in fact they are derived from Intorcetta's interpretation of the Buddhist theory of the "two truths." I shall conclude with an evaluation of Intorcetta's account. Because this early presentation of Buddhism exists only in Latin, I have inserted excerpts that I have translated.Historical Background of the Encounter with BuddhismSince the sixteenth century, missionaries have traveled to different regions of Asia and collected information about the religions they encountered, including Buddhism. They also exchanged information among themselves, asking questions of colleagues in order to confirm and complete information. The missionary reports were sent to Europe for their superiors and were sometimes published as such, but more often incorporated into larger works. [End Page 3]The First Encounter, from Japan to ChinaAmong the first reports reaching Europe about Buddhism were the letters of the Spanish Jesuit Francis-Xavier (1506-1552), who drew information from Yajiro, a Japa nese he met in Malacca in 1547. During his own stay of more than two years in Japan, in 1549-1551, Francis-Xavier had exchanges with monks and could progress in his understanding of Buddhism. His letters were very influential among the network of Jesuit schools in Europe, being copied and read at many venues.1 Other missionaries in Japan, like Cosme de Torres (1510-1570), Luís Fróis (1532-1597), and Baltasar Gago (1515-1583), went further in understanding Buddhism.Also, when, at the end of the sixteenth century, the Jesuit missionaries approached Buddhism in China, their understanding was already shaped by fifty years of knowledge gained in Japan. Just as in Japan, the China Jesuits were interested in Buddhism because it provided them with an indigenous vocabulary in which to express Christian ideas. Thus, the missionary was perceived as a kind of Buddhist monk. The symbolic identification with Buddhism went even further than in Japan, because for more than ten years in Guangdong, from 1579 to 1595, they adopted Buddhist dress and shaved their heads.However, as the missionaries deepened their understanding of the Buddhist doctrine, they realized that many tenets could not be reconciled with Christianity. Since they were greatly concerned about disseminating the orthodox faith and avoiding dubious theories, which they believed to be the tricks of the devil, they distanced themselves from Buddhism and became closer to Confucianism, whose discourse, which focused on moral life in the present world, did not directly conflict with the supernatural truths of Christianity. While Michele Ruggieri (1543-1607) and Matteo Ricci (1552-1610) had initially started interacting with Chinese culture by using Buddhism, later on Ricci abandoned this approach and started to use Confucianism as the main medium. In the Tianzhu shiyi (True Meaning of the Lord of Heaven), Ricci wrote for his Chinese readers a strong refutation of the Buddhist doctrine from the standpoint of Aristotelian philosophy.2 He criticized the concept of selflessness (wuwo) on metaphysical grounds, writing that everyone should draw their existence from an ultimate origin. In his Della entrata della Compagnia di Gesù e Christianità nella China (Entry of the Society of Jesus into... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Post-Traumatic Hermeneutics: Melancholia in the Wake of TraumaAngelika Rauch (bio)1Classical Analysis: Problems for Trauma TherapyAccording to the Journal of the American Psychoanalytical Association, American ego psychology has taken a leading role in debunking what it considers antiquated Freudian approaches to the study of trauma. As neutral observers and students of the facts, ego psychologists have purportedly reclaimed the study of trauma as the search for an objectifiable traumatic event (...) in the past, one that can be accessed as recovered memory, as a specimen of pathogenic development, or as cognitive and behavioral effects that point to an inaccessible implied memory buried in the psyche. Central to this revision of psychoanalytical trauma therapy is the dismissal of Nachträglichkeit as an antiquated and irrelevant concept. Harold P. Blum, for instance, writes in a recent article of JAPA that “‘deferred action’ is an ambiguous concept, a dubious, antiquated, theoretical legacy.” According to Blum, “deferred action overlooks the immediate and potentially powerful effects of preoedipal trauma and is dissociated from considerations of cumulative trauma and developmental disturbance.” [1155]. With respect to Freud’s case of the Wolf-Man, Blum states that “[d]eferred action emphasized traumatic events and memory rather than cumulative developmental effects of shock and strain trauma, and pathogenic object relationships.” Key to Blum’s view, then, is the assertion that “the concept of deferred action deterred consideration of real infantile experience and the complex overdetermination of pathogenesis through development” [1156]. Blum apparently takes the side of those who like to argue that trauma is more real than imagined. Whereas oedipal trauma is an imaginary or illusory trauma, preoedipal trauma is comprehensible as real shock and, as such, is empirically true. This is an idea that is very compatible with “recovered memory” therapy, a subject that has become controversial in recent debates about child abuse and recovered memory syndrome.In contrast, Arnold H. Modell in Other Times, Other Realities points out that “[t]he concept of Nachträglichkeit is virtually unknown among American psychoanalysts. This may be due in part to Strachey’s faulty translation; but this idea is also inconsistent with the belief in an orderly hierarchical psychic development such as that envisioned by ego psychologists.” [3]. In other words, Freudian Nachträglichkeit violates the principles of space and time assumed by empirical scientists whose conceptions are founded on the causality of such principles as stimulus/response. It is here, of course, that ego psychology’s treatment of trauma would come into conflict not only with Freudian analysis, including its French Freudian variants, but with the kind of trauma studies being conducted by the contributors to Cathy Caruth’s Trauma: Explorations in Memory. They include Bessel [End Page 111] van der Kolk, Onno van der Hart, Shoshana Felman, Dori Laub, Robert Lifton, and, of course, Cathy Caruth herself.Emphasis on the reality of traumatic shock (as abuse, stress, accident, and so on), however important it may be, loses sight of a hermeneutical dimension of psychoanalytic therapy that Caruth and her contributors emphasize: the question of how meanings are associated or bound to the understanding of life’s events. My own clinical approach to psychoanalysis favors the introduction of an even stronger hermeneutical perspective that is sensitive to the kinds of issues raised by philosophers like Dilthey, Heidegger, Benjamin, and Gadamer, for whom the question of experience is not reducible to restricted understandings of stimulus/response, nor—as in the case of Caruth (for example, in Unclaimed Experience)—to the privileging of language as a formal (that is, literary) construct. Rather, I am interested in emphasizing a hermeneutics of the therapeutic encounter within which questions of language, culture, history, and behavior are situated. With respect to trauma therapy, I will introduce a number of well-known analytical contributions even as I take the following statement of Arnold Modell’s as my point of departure:The analyst or therapist becomes an unwitting collaborator in the recreation of the past, while still retaining a proximity to present time. The therapist becomes the person with whom one can reexperience trauma within a new context or experience for the first time what has been absent in the past. Affects belonging to... (shrink)