Many natural scientists explain the evolutionary origin of morality by documenting altruistic behaviour in our nearest nonhuman relatives. Christine Korsgaard has criticized such attempts on the premise that they do not put enough effort in explaining the capacity to be motivated by normative thoughts. She speculates that normative motivation may have originated with the internalization of the dominance instincts. In this article I will challenge the dominance hierarchy hypothesis by arguing that a proper investigation into how and when dominance (...) inhibits behaviour does not seem to reveal a minimal normative dimension. (shrink)

This article examines the role of normative hierarchies in constitutional argumentation. A threefold distinction between formal, material, and axiological hierarchy is employed. The correlative concepts of formal validity, material validity, and applicability are also briefly described. Within this framework, four cases are analysed: Decisions 1146/1988 and 10/2010 of the Italian Constitutional Court, and Kadi I and Opinion 2/2013 of the Court of Justice of the European Union. As a result, it is argued that axiological hierarchies are frequently used to (...) reshape certain fundamental legal arrangements, namely, the hierarchy of sources (Decision 1146/1988 and Kadi), competence clauses (Decision 10/2010), and interpretive methodologies (Opinion 2/13). (shrink)

Investigates the resolution of contradictions and ambiguous derogations in a code, by means of the imposition of partial orderings.

Le contrôle de constitutionnalité, dont la magistrature parlementaire de l’Ancien Régime revendiquait le plein droit, n’était pas fondé uniquement sur les lois fondamentales du royaume, mais sur l’ensemble des principes (« les maximes ») tirés de la « Tradition ». Cette dernière était composée en premier lieu par le droit divin et le droit naturel, c’est-à-dire par des systèmes juridiques qui nécessitaient, tous les deux, une interprétation juridictionnelle ‘sapientiale’. Cette activité interprétative était ‘révélatrice’ d’un corpus de valeurs métaphysiques à laquelle (...) seule la Scientia Juris des magistrats pouvait puiser. Mais dans la sphère de la Tradition juridique rentraient aussi le « dépôt légal », c’est-à-dire l’ensemble de toutes les lois, même des lois ainsi dites « ordinaires », c’est-à-dire celles qui avaient été produites par la simple manifestation de volonté souveraine d’un roi prédécesseur « car tel avait été son plaisir » (moderne formulation du brocarde de droit romain : « quidquid principi placuit legis habet vigorem »). Ainsi la juridiction parlementaire donnait lieu à un jugement de constitutionnalité qui était normalement exercé de manière très flexible par le corps de la magistrature, dépendant des circonstances et des intérêts politiques momentanés des situations juridiques qu’elle voulait protéger. La hiérarchie des normes était ainsi un formidable instrument de protection de cet ordre juridique dont les legum doctores se sentaient les tuteurs. Elle était, donc, directement liée au gouvernement politique des juges. (shrink)

Ce texte vise à proposer quelques arguments pour une critique empiriste de la hiérarchie des normes, c'est-à-dire pour les besoins d'une science du droit descriptive et explicative. La hiérarchie des normes est à la fois objet d’étude scientifique, et théorie construisant cet objet. Une approche empiriste nécessite la formalisation de quelques concepts et une justification minimale de la possibilité d'une science juridique empiriste : ce seront les objets des premiers points de ce texte. Il s'agira ensuite de proposer une formulation (...) de la conception de la hiérarchie des normes à laquelle l’empirisme peut conduire, permettant de réévaluer la théorie (normativiste) de la hiérarchie des normes proposée par Kelsen comme une théorie politique, qui ne décrit pas son objet mais le construit comme contrainte. (shrink)

Through transatlantic contact and subsequent debates, the “humanity” of Amerindians was first established for Europeans according to the dictates of philosophical anthropology and theology. This hierarchical and colonial anthropology is problematic precisely because it normalizes a singular, indigenous way of “being human” as the only correct and universal formulation of the “human being,” i.e., Man. Consequently, people that live outside this constructed definition are exposed to dispossession, dehumanization, and genocide because they are deemed outside the bounds of Mankind. Through a (...) three-part analysis, this work will examine Bartolomé de Las Casas’ categorization of Amerindians though his formulation of “barbarianism,” compare this taxonomy with Orson Scott Card’s “Hierarchy of Foreignness,” and finally argue that Indigenous traditions of thought—as seen in “grounded normativity” and “place-thought”—allow not only for the dissolution of colonial anthropologies but also permit for a teleological suspension of Man. (shrink)

A single global authority is not sufficient to regulate heterogenous agents in multiagent systems based on distributed architectures, due to idiosyncratic local situations and to the need to regulate new issues as soon as they arise. On the one hand institutions should be structured as normative systems with a hierarchy of authorities able to cope with the dynamics of local situations, but on the other hand higher authorities should be able to delimit the autonomy of lower authorities to issue (...) valid norms. In this paper, we study the interplay of obligations and strong permissions in the context of hierarchies of authorities using input/output logic, because its explicit norm base facilitates reasoning about norm base maintenance, and it covers a variety of conditional obligations and permissions. We combine the logic with constraints, priorities and hierarchies of authorities. In this setting, we observe that Makinson and van der Torre’s notion of prohibition immunity for permissions is no longer sufficient, and we introduce a new notion of permission as exception and a new distinction between static and dynamic norms. We show how strong permissions can dynamically change an institution by adding exceptions to obligations, provide an explicit representation of what is permitted to the subjects of the normative system and allow higher level authorities to limit the power of lower level authorities to change the normative system. (shrink)

Rather than attempting to characterize a relation of confirmation between evidence and theory, epistemology might better consider which methods of forming conjectures from evidence, or of altering beliefs in the light of evidence, are most reliable for getting to the truth. A logical framework for such a study was constructed in the early 1960s by E. Mark Gold and Hilary Putnam. This essay describes some of the results that have been obtained in that framework and their significance for philosophy of (...) science, artificial intelligence, and for normative epistemology when truth is relative. (shrink)

An area in the theory of action that has received little attention is how mental agency and world-directed agency interact. The purpose of the present contribution is to clarify the rational conditions of such interaction, through an analysis of the central case of acceptance. There are several problems with the literature about acceptance. First, it remains unclear how a context of acceptance is to be construed. Second, the possibility of conjoining, in acceptance, an epistemic component, which is essentially mind-to-world, and (...) a utility component, which requires a world-to-mind direction of fit, is merely posited rather than derived from the rational structure of acceptance. Finally, the norm of acceptance is generally seen as related to truth, which turns out to be inapplicable in a number of cases. We will argue, first, that the specific context-dependence of acceptances is derived from their being mental actions, each embedded in a complex hierarchy of acceptances composing, together, a planning sequence. Second, that acceptances come in several varieties, corresponding to the specific epistemic norm(s) that constitute them. The selection of a particular norm for accepting answers to considerations of utility – to the association of an epistemic goal with an encompassing world-directed action. Once a type of acceptance is selected, however, the epistemic norm constitutive for that acceptance strictly applies. Third, we argue that context-dependence superimposes a decision criterion on the output of the initial epistemic acceptance. Strategic acceptance is regulated by instrumental norms of expected utility, which may rationally lead an agent to screen off her initial epistemic acceptance. (shrink)

This collection demonstrates the strong influence that humanism and freethought had in developing the history and ideals of black intellectualism. Most people are quick to note the profound influence that religion has played in African-American history: consoling the downtrodden slave or inspiring the abolitionists, the underground railroad, and the civil rights movement. But few are aware of the role humanism played in shaping the black experience: developing the thought and motivating the actions of powerful African-American intellectuals. Section One of this (...) book offers biographical sketches of such prominent black humanists as Frederick Douglass, Cheikh Anta Diop, W.E.B. DuBois, Hubert H. Harrison, and Richard Wright. Section Two features essays by black humanists: Douglass, DuBois, Charles W. Faulkner, Langston Hughes, Zora Neale Hurston, Ishmael Jaffree, Claude McKay, Melvin B. Tolson, and Bruce Wright. Section Three offers the views of contemporary black African humanists: Freda Amakye Ansah, Emmanuel Kofi Mensah, Nkeonye Otakpor, Franz Vanderpuye, and Kwasi Wiredu. Section Four contains interviews conducted by Allen on the subjects of black humanist activism, the Afroasiatic roots of classical civilization, and the Harlem Renaissance with: Martin G. Bernal, Charles Faulkner, Leonard Harris, Norman Hill, and Alaine Locke. (shrink)

Background conditions are thought to explain how objects can have value in virtue of certain features and how reasons can consist in certain facts. The following paper provides an account of what background conditions are and what effect they have on normative features. It defends the idea that if values depend on reasons, then there is nothing really surprising or mysterious about the presence of background conditions in normative explanations. Background conditions turn out to be a natural and predictable result (...) of normative hierarchies that treat reasons as metaphysically fundamental relative to other normative features. The account is also shown to have advantages over competing accounts in that it is able to capture the functional criteria that characterize background conditions while remaining theoretically parsimonious. (shrink)

This article argues that the dynamics behind the generation of social pathologies in modern society also undermine the social-relational framework for recognition. It therefore claims that the theory of recognition is impotent in face of the kinds of normative power exerted by social hierarchies. The article begins by discussing the particular forms of social pathology and their relation to hierarchical forms of social structure that are based on domination, control and subordination and then shows how the internalization of the (...) class='Hi'>norms that shape and hold together hierarchical social formations causes pathologies within the self. As a result of these processes, the recognitive aspects of social action that the theory of recognition posits are unable to overcome and in fact reproduce and in many instances reinforce the pathologies themselves. (shrink)

In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by (...) Habermas in Faktizität und Geltung. In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability. (shrink)

Why are the fundamentals of education apparently so little changed in our era of digital technology? Is their obstinate persistence evidence of resilience or obsolescence? Such questions can best be answered not by imagining an uncertain high-tech future, but by examining a well-documented past--a history of instruction and media that extends from Gilgamesh to Google. Norm Friesen looks to the combination and reconfiguration of oral, textual, and more recent media forms to understand the longevity of so many educational arrangements and (...) practices. Friesen examines the interrelationship of reading, writing, and pedagogy in the case of the lecture and the textbook--from their premodern to their postmodern incarnations. Over hundreds of years, these two forms have integrated textual, oral, and (more recently) digital media and connected them with changing pedagogical and cultural priorities. The Textbook and the Lecture opens new possibilities for understanding not only mediated pedagogical practices and their reform but also gradual changes in our conceptions of the knowing subject and of knowledge itself. Drawing on wide-ranging scholarship in fields as diverse as media ecology and German-language media studies, Foucauldian historiography, and even archaeological research, The Textbook and the Lecture is a fascinating investigation of educational media. (shrink)

Charlotte Witt covers a remarkable amount of ground in this concise and elegantly written book. Coming in at under 150 pages, she artfully weaves together Aristotle’s theory of functions with contemporary work on cultural transmission and apprenticeship, ideas about self-creation with theories of aspiration and transformative experience, and reflections on the relationships among social norms and games with thoughts about social roles and the nature of hierarchy. At the heart of it is an elaboration and defense of a (...) thoroughly externalist account of social normativity. Witt takes skilled experts, especially artisans like chefs and carpenters, as paradigm cases for theorizing about social normativity. She uses them to argue that the ultimate source of many normative obligations is found not in the acquiescence, attitudes, or any other features internal to those on whom those obligations fall. Rather, the demands are rooted in the world itself, and flow from specific circumstances, especially from the constraints those circumstances impose on different actors in virtue of the tasks they need to perform. The result is a view that depicts social normativity not just as external to individuals but also unavoidably role specific; what is right for a chef is not necessarily right for a carpenter, and what makes for a good nurse might make for a poor drill sergeant. Witt’s presentation of this package of ideas is both careful and austere, and it makes for a wonderfully thought provoking read. Social Goodness: On the Ontology of Social Norms will reward the careful attention of anyone interested in social ontology, especially the metaphysical foundations of normativity, the nature of social norms, and the relationship between social roles and the self. (shrink)

The increasing use of online simulations as replacements for animal dissection in the classroom or lab raises important questions about the nature of simulation itself and its relationship to embodied educational experience. This paper addresses these questions first by presenting a comparative hermeneutic-phenomenological investigation of online and offline dissection. It then interprets the results of this study in terms of Borgmann’s (1992) notion of the intentional “transparency” and “pliability” of simulated hyperreality. It makes the case that it is precisely encumbrance (...) and disruption—elements that are by definition excluded from simulations and interfaces—which give dissection its educational value. (shrink)

Power is now measured by economic strength. The world is becoming more integrated. Europe and the Pacific are challenging US dominance. The debt crisis is a crisis in capital and job creation. In the future, key economic issues will be job creation, increased production, grassroots development and safeguarding the poor from the debt crisis. The most viable form of employment will be in small scale enterprises. These meet the real needs of the poorest, are locally owned and controlled, produce products (...) for a local market and use locally available resources. They contribute to economic stability, are not subject to international currency fluctuations and use an environmentally sustainable technology. (shrink)

The Oxford English Dictionary defines fulfilment as ‘satisfaction or happiness as a result of fully developing one's potential or realizing one's aspirations; self-fulfillment’. Not only has the idea of fulfilment underpinned ‘approximately twenty centuries of philosophy’ as Lefebvre notes, it plays an indispensable role in both popular and scholarly accounts of education and upbringing. Experiences of education, of upbringing and of ‘life lessons’, however, are so often not about the fulfilment of oneself, about the discovery and actualisation of one's full (...) potential. Such experiences instead involve moments of sometimes irreparable failure and loss—a matter that has not received a great deal of attention in educational research and theory. After briefly examining the way that fulfilment is favourably framed both in humanistic psychology and in neo-humanist Bildungstheorie, this paper considers some of the exceptions to the nearly ubiquitous identification of education with fulfilment: Arthur Schopenhauer's view of the irrationality of human (developmental) experience and Ludwig Wittgenstein's use of the term ‘conditioning’ (Abrichtung) in some of his accounts of learning and socialisation. We then focus on failure and loss in education through an overview of the pedagogical theory of O.F. Bollnow. Bollnow, as is gradually being recognised in English-language scholarship, saw moments of uncertainty, disorientation and above all crisis as indispensable in educational experience—for both student and teacher. In this way, we show that instead of being the pursuit of self-fulfilment, education is unavoidably a matter of difficulty, disruption and also failure. It reshapes us, and this reshaping can be seen as being as much about formation as it is about deformation. (shrink)

A culturally influential sub-discipline within literary studies, literary theory has developed in parallel form in other arts and social science disciplines, so that one might refer to "cultural theory" or "social theory" as well, or even just to "theory." It's as familiar as the word "postmodern" and as tricky as "deconstruction." What is it about? What is at stake? Theory is about rationality. This book's title invites two different interpretations of what it might mean to say so. For many, the (...) essence of literary theory is the unmasking and redescription of rationality in other terms. Put ironically, rationality is male; rationality is white; rationality is repression.... The book's title, however, can also be read in a second way. On this reading, rationality itself is the essence of literary theory and central to literature, art, and society. Certain conceptions of what it entails can be problematic; the critique in the first way of reading the title remains relevant. Yet one can affirm rationality as integral to human flourishing, including the processes of producing, analyzing, and enjoying literature, art, and culture. This book provides readers with a clear overview of theory's development and the abiding presence of its concern with the status of rationality across its forms. (shrink)

The Oxford English Dictionary defines fulfilment as ‘satisfaction or happiness as a result of fully developing one's potential or realizing one's aspirations; self-fulfillment’. Not only has the idea of fulfilment underpinned ‘approximately twenty centuries of philosophy’ as Lefebvre notes, it plays an indispensable role in both popular and scholarly accounts of education and upbringing. Experiences of education, of upbringing and of ‘life lessons’, however, are so often not about the fulfilment of oneself, about the discovery and actualisation of one's full (...) potential. Such experiences instead involve moments of sometimes irreparable failure and loss—a matter that has not received a great deal of attention in educational research and theory. After briefly examining the way that fulfilment is favourably framed both in humanistic psychology and in neo-humanist Bildungstheorie, this paper considers some of the exceptions to the nearly ubiquitous identification of education with fulfilment: Arthur Schopenhauer's view of the irrationality of human (developmental) experience and Ludwig Wittgenstein's use of the term ‘conditioning’ (Abrichtung) in some of his accounts of learning and socialisation. We then focus on failure and loss in education through an overview of the pedagogical theory of O.F. Bollnow. Bollnow, as is gradually being recognised in English-language scholarship, saw moments of uncertainty, disorientation and above all crisis as indispensable in educational experience—for both student and teacher. In this way, we show that instead of being the pursuit of self-fulfilment, education is unavoidably a matter of difficulty, disruption and also failure. It reshapes us, and this reshaping can be seen as being as much about formation as it is about deformation. (shrink)

What is pedagogy, exactly? Merriam-Webster defines it simply as “the art, science, or profession of teaching.” In contemporary academic discourse, however, pedagogy is generally left undefined — with its apparent implicit meanings ranging anywhere from a specific “model for teaching” (e.g., behaviorist or progressivist instruction) to a broadly political philosophy of education in general (most famously, a “pedagogy of the oppressed”). In this paper, Norm Friesen and Hanno Su follow the Continental pedagogical tradition in giving pedagogy a general but explicit (...) definition. They do so by looking at how pedagogy arises both in everyday life and in school as unavoidably ethical activity undertaken primarily for the sake of the young person or child. Such activities, the authors maintain, are structured not so much by processes, methods, and outcomes, but by irresolvable oppositions and the tensions between them. They illustrate this inductively through a series of images and examples — moving gradually from ones involving parenting and early childhood to ones from elementary and secondary schooling. In this way, Friesen and Su show that pedagogy is not so much one or more ideologically focused or evidence-based instructional or psychological approaches to be mastered by a professional or teaching specialist. It is instead an independent but ethically informed practical perspective — one that can (and has) been extended to form a distinctively pedagogical theory and discipline. As such, it is something that is not only a part of our everyday life and culture, but arguably of all human cultures. (shrink)

The human history has evidenced various systems of hierarchy and power, various manifestations of power and hierarchy relations in different spheres of social life from politics to information networks, from culture to sexual life. A careful study of each particular case of such relations is very important, es-pecially within the context of contemporary multipolar and multicultural world. In the meantime it is very important to see both the general features typical for all or most of the hierarchy (...) and power forms, and their variation. This set of issues has been treated by a series of international conferences titled ‘Hierarchy and Power in the History of Civilizations’ held in 2000–2006. Most articles of this volume were originally presented at the 4th conference of this series (Moscow, 2006). Needless to mention that all those presentations have been substantially re-worked for the publication in this volume. The relations of hierarchy and power are relevant for all the spheres as they penetrate the whole of social life, establishing a sort of framework for the human agency. Cultural sphere is not an exclusion, although reflection of power relations in culture has its specific traits. First, within the cultural sphere power relations are usually informal, as they are more connected to traditions than to norms. Second, in cultural sphere there are less power institutions which have legal right to the coercion. (shrink)

Norm Phelps has long been one of the leading theoreticians, historians, and strategists of the animal advocacy movement. His new book collects his recent writings on this subject, as well as offers in print for the first time a fully revised and updated version of the e-book he published with Lantern in 2013 (978-1-59056-379-3). Phelps argues that faced with the overwhelming wealth and power of the animal exploitation industries, animal activists are like David trying to stand up to Goliath. But (...) rather than following the unsuccessful strategies of the past, Phelps proposes that we change the game by adopting David's strategy of refusing to play by Goliath's rules. Additional essays explore class and race in animal advocacy, the place of public policy vs. private morality in creating social change, and the unyielding barrier of human exceptionalism. Trenchant, wise, and deeply committed to the reduction of suffering and the liberation of animals, Changing the Game is sure to offer animal advocates much food for thought as the movement charts a way forward for all sentient beings. (shrink)

As we rapidly approach the 50th year of the much‐celebrated ‘cognitive revolution’, it is worth reflecting on its widespread impact on individual disciplines and areas of multidisciplinary endeavour. Of specific concern in this paper is the example of the influence of cognitivism's equation of mind and computer in education. Within education, this paper focuses on a particular area of concern to which both mind and computer are simultaneously central: educational technology. It examines the profound and lasting effect of cognitive science (...) on our understandings of the educational potential of information and communication technologies, and further argues that recent and multiple ‘signs of discontent’, ‘crises’ and even ‘failures’ in cognitive science and psychology should result in changes in these understandings. It concludes by suggesting new directions that educational technology research might take in the light of this crisis of cognitivsm. (shrink)

As we rapidly approach the 50th year of the much‐celebrated ‘cognitive revolution’, it is worth reflecting on its widespread impact on individual disciplines and areas of multidisciplinary endeavour. Of specific concern in this paper is the example of the influence of cognitivism's equation of mind and computer in education. Within education, this paper focuses on a particular area of concern to which both mind and computer are simultaneously central: educational technology. It examines the profound and lasting effect of cognitive science (...) on our understandings of the educational potential of information and communication technologies, and further argues that recent and multiple ‘signs of discontent’, ‘crises’ and even ‘failures’ in cognitive science and psychology should result in changes in these understandings. It concludes by suggesting new directions that educational technology research might take in the light of this crisis of cognitivsm. (shrink)

Although there are many points of continuity, there are also a number of changes in the pedagogical form of the anatomy lecture over the longue durée, over centuries of epistemic change, rather than over years or decades. The article begins with an analysis of the physical and technical arrangements of the early modern anatomy lecture, showing how these present a general underlying similarity compared to those in place today. It then goes on to consider examples of elements of speech and (...) presentation, description and illustration that are used in the biology lecture from the early modern (sixteenth to seventeenth centuries) and late modern (or contemporary) eras. The anatomy lecture thus demonstrates a basic physical and technical continuity in the classroom or theater, whereas the larger epistemic functions in which it is embedded have changed: from a descriptive, discursive function, focusing on individual organs and their physicality, to one that is more integrative, systemic and also performative in both form and content. (shrink)

The challenge: the most difficult battle ever fought -- The universal crime -- Slave owners for abolition -- We are all nazis and if i quit eating meat, i'll have to admit -- That to myself -- The crown of creation and the acme of evolution -- Follow the money -- Optimism of the will -- The environment: a dark age was about to begin -- It ain't what you do, it's the time that you do it -- The empire (...) strikes back -- The madness of more -- Creating a universal rights movement -- We're not in kansas anymore -- The response: the prize and the plow -- Agitators and politicians -- In the beginning -- The movement turns to politics -- Abolitionism: the agitation-only approach to animal rights -- How welfare reforms promote liberation -- The proof of the pudding -- Suffering matters -- Public policy and private morality -- Why violence can't change the game for animals. (shrink)

This response paper begins by countering the contributions of Don Ihde and Robert Rosenberger to this special issue, making its case in existential terms. Then, addressing Darin Barney, these arguments are developed further in aesthetic terms, making use of the “modernist” educational theory of René Arcilla. This response article concludes by returning to the realm of the educational with the help of Albert Borgmann's and Estrid Sørensen's feedback.

Using Maya Angelou’s I Know Why the Caged Bird Sings as an example, this paper introduces Wilhlem Dilthey’s hermeneutics and pedagogical theory. Dilthey saw biographies as nothing less than “the highest and most instructive form of the understanding of life.” This, then, serves as the starting point for his hermeneutics or theory of understanding, which distinguishes humanistic understanding from scientific explanation, and sees any one moment or word as having meaning only in relation to a whole—the whole of a sentence (...) or text, or the whole of one’s life. It is also the starting point of his pedagogy, whose ultimate “duty” is “to develop the child as a person who carries their own purpose within themselves.” In introducing Dilthey’s hermeneutic pedagogy, this paper draws principally from his The Formation of the Historical World in the Human Sciences, a text that has been long neglected in hermeneutic and phenomenological studies of education. (shrink)