This article offers an exposition of the J. Peterman Company's Owner's Manual, a mock-vintage clothing catalogue that promises customers ‘things that make their lives the way they wish they were’. Written in dramatic, long-form prose and illustrated in watercolour – both uncommon in today's mail-order fashion industry – the Owner's Manual is at once appalling for its misogyny and enticing for its nostalgia. This article argues that the Owner's Manual and its enduring success confound existing paradigms for interpreting both fashion (...) media and the body's gendered relationship to attire. Are the Manual's millions of subscribers beset by false consciousness, imagining themselves into an oppressive sex/gender field and endorsing the catalogue's misogyny with their desire? The Manual is not fully intelligible within either structuralist or phenomenological interpretive modes – fashion theory's two most prevalent schools of thought – but, rather, begets an interpretive paradigm that forces us to reconcile individuals’ desires for, and identification into, historically mediated gender performance with the fact of individuals’ dignity, agency and autonomy. I argue that the Owner's Manual achieves this reconciliation by foregrounding sartorial objects, rather than individuals, as the bearers of gender fantasy and by demonstrating how these objects, laden with historical associations, have detached from the highly gendered contexts of their origins while nevertheless retaining aspects of their original semiotic potencies. (shrink)

International non-governmental organisations face a dilemma when deciding whether to intervene in crisis situations where their efforts can be exploited or co-opted by others: intervene and risk becoming complicit with wrongdoing or sit on the sidelines and consign vulnerable people to the ravages of neglect or oppression. In “‘He who helps the guilty, shares the crime’? INGOs, moral narcissism and complicity in wrongdoing,” Buth et al argue that concerns about complicity often stifle ethical debate and encourage moral narcissism. We argue (...) that neglecting concerns about complicity can foster a different form of moral narcissism and that where worries of complicity are present, aid efforts face three types of risk: risks to others created by contributing to wrongful acts or bad outcomes; risks to the moral integrity of the INGO and its personnel; and risks to social trust in the INGO. In the end, we challenge the assumption that there is a unique, ethically best way to reconcile these values. We suggest that the causes of justice and humanity might be better served by a diverse community of INGOs who each gives different weight to these concerns, than if each INGO adopts the same framework for reconciling these competing demands. (shrink)

In an earlier article, I introduced the “restricting claims principle” to explain what is right about the means principle: the idea that it is harder to justify causing or allowing someone to suffer harm if using him as a means than if causing or allowing harm as a side effect. The RCP appeals to the idea that claims not to be harmed as a side effect push to restrict an agent from doing what she would otherwise be free to do (...) for herself or others, given an appropriate account of her baseline freedom. Claims not to be harmed as a means are not in that way ‘‘restricting.’’ The original RCP relied on a counterfactual account of the agent’s baseline freedom: What could the agent permissibly do if the patient were not present? I argue here that that counterfactual baseline fails. The revised RCP relies instead on a ‘‘toolkit baseline’’: Do the patient claims concern the property the agent needs to use? This toolkit baseline reflects the different ways that agents relate to others: as fellow agents with whom they divide up the resources of the world, and as patients who might be affected by their actions. The toolkit baseline, resting on this agent-patient divide, provides a superior account of an agent’s baseline freedom, and a better account of the moral ground for the means principle. (shrink)

A robust, if not absolute, prohibition on treating people merely as a means seems to sit at the core of common sense deontological morality. But the principle prohibiting such treatment, the ‘means principle’ (MP), has been notoriously hard to defend: both the subjective, intention-focused and the objective, causal-role-focused interpretations of what it means to use someone as a means face potent objections. In this paper, my goal is not to defend the MP, but to articulate and defend a new principle, (...) which I call the Restricting Claims Principle (RCP), that explains why a person’s causal role is morally significant. The RCP broadens the basic frame of relevant considerations from the MP’s concern with the dyadic relationship between agent and patient to a global balance of patient-claims on an agent. It distinguishes two kinds of patient-claims that weigh in that balance: restricting and non-restricting. In most cases, these can be distinguished as follows: Restricting claims, if respected as rights, would restrict an agent from doing what she could otherwise permissibly do if the claimant (or his property) were absent; non-restricting claims, if respected as rights, would not in that way restrict an agent. Only restricting claims press to make others worse off than if the claimant were absent. The RCP holds that restricting claims must therefore be substantially weaker than non-restricting ones. The claims of those who would be used as a means are non-restricting, while the claims of those who would be harmed as a side effect are restricting. Thus the RCP can account for the same cases (mostly) as the MP, without having to rely on the MP to do so. (shrink)

Discussions of risk have assumed that risk must be modeled the same in all cases. This is a mistake. Normally, if people know that those affected by an agent’s choice have conflicting interests, th...

Conversation analysis is now what Kuhn once called a normal science. It has a discernible body of concepts, methods, and recognizable objects of analysis. More importantly, its considerable archive of accumulated findings has a very high degree of redundancy-in the positive sense that researchers have continually replicated the findings of their colleagues. It ought, then, in every respect, to be the envy of the social sciences generally and not easily dismissed as an abstruse and recondite branch of language studies or (...) "discourse analysis" concerned with merely trivial fragments of recorded talk as such. To help CA be respecified in this way, the present paper unearths a relatively unknown part of its history in the partial book manuscript of Harvey Sacks's "Aspects of the Sequential Organization of Conversation," circulated in mimeo to colleagues in 1970. There we find innumerable appeals to the now well-recognized fact that the practical actions of everyday talk have significant, culturewide, formal structures that are the proper objects of the discipline. Or, in Sacks's own terms, seemingly insignificant mundane events are generated by a powerful social "machinery." The purpose of this paper is, then, to extract a sample of these aspects of Sacks's "Aspects" in order to illustrate, sketch, or give a preliminary sense of just that point. (shrink)

Antony Duff’s The Realm of Criminal Law offers an appealing moral reconstruction of the criminal law. I agree that the criminal law should be understood to predicate punishment upon sufficient proof that the defendant has committed a public wrong for which she is being held to account and censured. But the criminal law is not only about censoring people for public wrongs; it must serve other purposes as well, such as preventing people from committing serious crimes and more generally from (...) violating reasonable regulations. These purposes, and perhaps retributive justice, require the criminal law also to mete out harsh treatment, but only insofar as such treatments are proportional to the culpable wrong committed. The problem for the criminal law is that many mala prohibita crimes consist of a minor wrong but also call for a relatively severe punishment. To accommodate that mismatch, it is necessary to complement the criminal law, as Duff and I conceive of it, with what I call “penal law.” Penal law relies on forfeiture to explain why hard treatment is permissible. The forfeiture must be fair, and it comes with its own proportionality limits. But those limits are not as strict as the limits implicit in the criminal law. It allows for penalties that are harsher than the punishments that could justifiably be meted out for many mala prohibita offenses. One and the same act can count as a crime and a penal infraction, and one and the same criminal justice system can and should handle both crimes and the penal infractions. It is, I think, only in that way that we can accommodate both the need to prevent public wrongdoing and the distinct importance of holding people accountable for the commission of public wrongs. (shrink)

Jacob Weinrib's Dimensions of Dignity 1 [DD] joins a small but growing literature committed to the reconstruction, as applied theory, of foundational concepts such as justice, authority, and the ru...

This paper examines the relations between, on the one hand, accounts of the distinction between an agent's identifying with, as opposed to feeling alienated from, their attitudes; and on the other, metaphysical accounts of action. It claims that a commitment to an event-causal conception of agency, which would analyse agency in terms of the causal potency of psychological states and events, appears to render mandatory a particular style of account of identification and alienation – namely, the hierarchical model offered by (...) Harry Frankfurt and Michael Bratman. It is argued that such accounts fall foul of a dilemma: the Authority Problem. The failure of attempts to avoid the Authority Problem is then used to motivate an attractive alternative style of account of the distinction, offered by Richard Moran. However, it is pressed that Moran's account rests on claims about agency which seem incompatible with the event-causal conception of agency. By making the links between the metaphysics of agency and accounts of identification and alienation more explicit, the paper allows us to better comprehend both the apparent need for and characteristic failures of some traditional accounts of identification and alienation, as well as make clear the action-theoretical debt incurred by those who would offer an alternative. (shrink)

When one is intentionally doing something, one represents that thing as a goal to be accomplished. One represents it practically. How should we characterize this practical representation further? In this paper, I argue that when one is intentionally doing something, one's representation of it as a goal to be accomplished must also be knowledge that one is intentionally doing that thing. And I argue that this knowledge must itself be one's intentionally doing that thing. I aim to show, then, that (...) insofar as representing practically just is knowing practically, it is equally acting intentionally. (shrink)

At the heart of Seth Lazar’s arguments in support of what he calls Moral Distinction – ‘In war, with rare exceptions, killing noncombatants is worse than killing combatants’ – is his treatment of eliminative and opportunistic killing. He adopts the standard line, that eliminative killing is easier to justify than opportunistic killing. And he acknowledges that there are various circumstances in which one might be able to justify killing noncombatants on eliminative grounds. Nonetheless, he relies on the notion of a (...) mixed kind of agency to argue that intentionally killing civilians is normally ‘more opportunistic than intentionally killing soldiers’, and is therefore normally more wrongful. I argue that his argument in favor of this claim fails. If we distinguish objectively available reasons from subjectively motivating ones, and pay attention to the limited relevance of subjectively motivating reasons, then it becomes clear that mixed agency cannot do the sort of work for just war theory that Lazar wants it to do. This failure need not impugn other parts of his defense of Moral Distinction. But it takes the heart out of his defense of it, putting a greater burden on the other parts of his argument. (shrink)

Who are we today? That deceptively simple question continued to be asked by the French historian and philosopher, Michel Foucault, who for the last three decades has had a profound influence on English-speaking scholars in the humanities and social sciences.; This text is designed for undergraduates and others who feel in need of some assistance when coming to grips with Foucault's voluminous and complex writings. Instead of dealing with them chronologically, however, this book concentrates on some of their central concepts, (...) primarily Foucault's rethinking of the categories of "discourse", "power", and " the subject".; Foucault's writings contribute collectively to what he himself calls "an ontology of the present". His historical research was always geared towards showing how things could have been and still could be otherwise. This is especially the case with respect to the production of human subjects. (shrink)

The fraught ideological relationship between liberalism and imperialism has been theorized primarily through the British, French, and American empires. This article moves beyond the experiences of these “great powers” by turning to Spain and its preeminent twentieth-century liberal thinker, José Ortega y Gasset. Unlike his British, French, and American counterparts, Ortega articulated liberalism not to promote or defend the forging of empire but rather to cope with the disorienting effects of its unequivocal loss in the wake of the Spanish–American War. (...) The experience of imperial loss, I argue, informed Ortega’s call for a “new liberalism” that could enable Spain’s national and cultural renewal. Reading Ortega’s thought in this context thus reveals the lasting impact that imperial dispossession can have upon certain strands of liberalism. It also suggests that, in order to fully capture the relationship between liberalism and empire, it is necessary to incorporate a wider range of historical sources and imperial trajectories. (shrink)

Isabel Paterson is the founding godmother of the libertarian movement, known best for her book The God of the Machine, which Ayn Rand credited for having done “for capitalism what the Bible did for Christianity.” Often overlooked is her twenty-five-year career as a literary columnist for the New York Herald Tribune. Culture and Liberty: Writings of Isabel Paterson, edited by Stephen Cox, presents a selection of those columns along with private letters and other essays. They are a treasure. Paterson’s critical (...) performances show us a systematic yet unpredictable mind at work—a model not only of the first but also of any future libertarian worthy of the name. (shrink)

The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint (...) of delegation theory. In Part I, I introduce the basic “Principal-Agent" framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina's response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization. (shrink)

In Alienation and the Soviet Economy, 2nd ed., Paul Craig Roberts attributes the excesses of war communism, the resistance to market?type reforms, and the retention until very recently of administered material allocation in the Soviet Union, to Marxist ideology, and in particular to Marx's views on the link between markets and ?alienation.? However, war communism was due in some part also to war emergency, and it was not only ideology but also the interests of the ruling stratum that delayed the (...) much?needed move towards a market economy. There are indeed problems in reconciling socialist ideas with efficiency and entrepreneurship, and Lange's attempt to define a sort of neoclassical socialism was unsatisfactory. However, it does not follow that the only alternative to Soviet?type planning is untrammelled laissez faire. Our own system can also give rise to alienation, and to the need for action by public authorities to take care of environmental and other externalities and provide essential social services. (shrink)

The aim of this paper is to consider the vicissitudes of “area studies” from the Second World War to the present focusing eventually on the normative imperative to develop a new paradigm of “planetary thinking.” First an overview of the history of “area studies” will be given from the start in the U.S. during the Second World War in response to the geostrategic imperative for America to know its new geopolitical responsibilities in a world divided by war. This security imperativemorphed (...) into the postwar requisite to develop a counterhegemonic strategy against soviet communism in the hot spot parts of Asia, Latin American, and later Africa. The latter military‐oriented strategy was added to with research into development and modernization in the third-world through to the boundary displacement of areas studies at the end of the Cold War into the current era of globalization. At this very historical moment of transition a new rationale for area studies emerged in the form of a geoeconomic imperative – both in the U.S. and, with a different gloss, in South Korea in the late 1990s. Second, on the basis of this historical apercu, the argument will be proposed that, given the problem of global warming and the issue‐area of global inequality lurking behind the UnitedNation’s Millennium Development Goals, a pressing contemporary task for philosophy is to make a critical contribution to developing a new planetary perspective for area studies informed by a constitutive philosophical anthropology attendant to the species being of human beings. (shrink)

The aim of this paper is to consider the vicissitudes of “area studies” from the Second World War to the present focusing eventually on the normative imperative to develop a new paradigm of “planetary thinking.” First an overview of the history of “area studies” will be given from the start in the U.S. during the Second World War in response to the geostrategic imperative for America to know its new geopolitical responsibilities in a world divided by war. This security imperative (...) morphed into the postwar requisite to develop a counterhegemonic strategy against soviet communism in the hot spot parts of Asia, Latin American, and later Africa. The latter military-oriented strategy was added to with research into development and modernization in the third-world through to the boundary displacement of areas studies at the end of the Cold War into the current era of globalization. At this very historical moment of transition a new rationale for area studies emerged in the form of a geoeconomic imperative – both in the U.S. and, with a different gloss, in South Korea in the late 1990s. Second, on the basis of this historical apercu, the argument will be proposed that, given the problem of global warming and the issue‐area of global inequality lurking behind the United Nation’s Millennium Development Goals, a pressing contemporary task for philosophy is to make a critical contribution to developing a new planetary perspective for area studies informed by a constitutive philosophical anthropology attendant to the species being of human beings. (shrink)

Automation, artificial intelligence, and biotechnology have become topics of increasing interest in both academia as well as in popular media. The goal of this article is to establish which issues are the most pressing, and what are the underlying causes of the rise of robots. I demonstrate that fears of automation are well supported by current trends of automation as well as the inherent tendency within a capitalist system to automate at the expense of workers and working wages. Additionally, I (...) point to what appears to be a potential evolutionary divide between what Yuval Noah Harari calls the “god” class and the “useless” class. Finally, I discuss how the new role of information as the world’s most valued commodity can either exacerbate this coming divide or liberate society. I present the case that in order to diminish the negative effects we must move beyond the present capitalist economic system, towards one in which economic democracy and the free flow of information thrives. (shrink)

A generation before Beardsley, legal scholar John Henry Wigmore invented a scheme for representing arguments in a tree diagram, aimed to help advocates analyze the proof of facts at trial. In this essay, I describe Wigmore's "Chart Method" and trace its origin and influence. Wigmore, I argue, contributes to contemporary theory in two ways. His rhetorical approach to diagramming provides a novel perspective on problems about the theory of reasoning, premise adequacy, and dialectical obligations. Further, he advances a novel solution (...) to the problem of assessing argument quality by representing the strength of argument in meeting objections. (shrink)

This paper serves a dual function: (1) it is intended to proffer a stable understanding of our digital engagement on the Internet as a form of labor that is co-opted by digital firms for private profit; (2) it extends the concept of participatory democracy to our digital world, arguing that our collective or common production of value for digital firms (in the form of what I call“knowledge goods”) requires the implementation of participatory democratic governance mechanisms over these digital firms and (...) the experimentation with democratic digital alternatives.Whereas others have argued in favor of democratic control over digital platforms on the basis of the power that digital firms have over user's lives (Engelmann et al.,2020), this paper adds to this discussion by arguing in favor of digital platform democratization based on the value-generating labor contributed by digital users. (shrink)

The atheist who begins to argue his case by saying, ‘Suppose there is an omniscient Being of the sort in which Christians believe ...’ is employing a very familiar move in argumentation. However, most books on argumentation theory ignore ‘suppositions’ completely. Searle omits suppositions entirely from his taxonomy of speech acts and this appears to lead to a similar omission in Speech Acts in Argumentative Discussions by van Eemeren and Grootendorst.This paper argues that ‘suppositional argument’ is elegant, powerful and extremely (...) common, that the correct way to understand it is based on Gottlob Frege's distinction between ‘asserted’ and ‘unasserted’ propositions and hence that suppositions are neither assertions nor (and this is more important) assertives. The paper discusses the connections between suppositions and conditionals; it argues that argumentation theory which ignores suppositions is systematically misleading; and it concludes by indicating some possible developments in argumentation theory. (shrink)

Ideally, should liberals in a pluralistic society be able to agree to abide by a common legal system such that all their disputes are resolved without resort to illegal force? Rawls believes the answer is “yes.” I explain and defend his answer, but I also conclude, focusing on the example of abortion, that the truth is “not necessarily, not always.” Rawls’s conceptions of reasonable citizens and public reason help explain why there is a strong prima facie duty to forswear illegal (...) force. It is based on the duty to respect others, which requires that one be able to justify one's actions to them insofar as they are reasonable and matters of basic justice are at issue. One cannot justify using illegal force to those who reasonably think a law is just; to them it is a form of disrespect. Nonetheless, if one reasonably thinks that a fundamental injustice is tolerated or even established by the law, then one may be no less reasonable than one has reason to be if one uses illegal force, sacrificing this form of respect to right a greater wrong. (shrink)

Helen Steward accepts what I call the Separation Thesis, the main tenet of which is that the movements one’s body makes when one acts are the causal results of one’s actions. I claim that this threatens to generate a pair of epistemic shortfalls: first, our perception of others’ bodily movements may not reach to their actions themselves; and, second, our own ‘knowledge in intention’ may not reach to the actual bodily movements in which the efficacy of our actions consists. I (...) suggest we should adopt a slogan that Anscombe considered, and say ‘I do what happens’ when I am acting. Then the movements one’s body makes when one acts are seen simply to be one’s actions. (shrink)

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the (...) courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

S. Matthew Liao and Christian Barry argue that the patient-centered approach to deontology that I have developed—the restricting claims principle —‘is beset with problems.’ They think that it cannot correctly handle cases in which a potential victim sits in the path of an agent doing what she needs to do for some greater good, or in which a person’s property is used to benefit others and harm her. They argue that cases in which an agent does what would be permissible (...) but acts on a malicious reason show that agent intentions, rather than patientclaims, are fundamental to deontology. And they claim that the RCP presupposes the means principle in a way that shows that it is not really offering anything new. I argue here that all of these charges are mistaken. Doing so allows me to offer important refinements to the RCP, to highlight two common mistakes in reasoning about cases, and to set challenges for agentcentered approaches to deontology. (shrink)

Two experiments tested the hypothesis that neurological abnormalities decrease punishment by decreasing perceptions of free will. Experiment 1 found that a brain tumor decreased punishment for criminal behavior by decreasing perceptions of the afflicted criminal’s free will. This effect was stronger for liberal and non-religious participants than for conservative and religious participants. Experiment 2 replicated Experiment 1 and additionally found that a brain tumor decreased perceptions of the afflicted criminal’s conscious decisions and true self, thereby decreasing perceptions of his free (...) will, thereby decreasing his punishment. Collectively, these results suggest that neurological abnormalities decrease punishment by decreasing perceptions of free will, especially among liberals and non-religious people. These results also suggest that neurological abnormalities decrease perceptions of free will – and ultimately decrease punishment – by decreasing perceptions of conscious decisions and the true self. (shrink)

The purpose of this paper is to begin to try to understand the extent to which ethnomethodology (EM) might be informed by some concepts and ideas from the work of the philosopher Martin Heidegger. This is done in two parts. The first looks at Heidegger's later work and compares his conception of the ontological difference with Garfinkel's work on the difference between EM and formal sociological analysis (FA). The second part turns to Heidegger's earlier work (around Being and Time) and (...) works through a number of affinities between the analysis of Dasein and ethnomethodological versions of everydayness. (shrink)

The aim of this article is to analyze the underlying economic structures which have led to the rise of the tech giants. In their book Capitalism without Capital: The Rise of the Intangible Economy, economists Jonathan Haskel and Stian Westlake outline the four fundamental features of the technocapitalist (or what they consider the intangible) economy. Key to the emerging intangible economy, they suggest, are the four “S’s” of this new form of capitalism, viz., scalability, sunkenness, synergies, and spillovers. In the (...) following, I explicate the ways in which, if taken seriously, these four features of the technocapitalist economy tend towards heightened levels of economic centralization and economic inequality as compared to those experienced under industrial capitalism. (shrink)

The paper argues, against Davidson, that metaphorical utterances involve meaning other than literal meaning. The kind of meaning is a particular case of contextual meaning. It is argued that metaphorical meaning is not a case of speaker's meaning , nor is it occasion meaning . I offer an explanation of why those metaphors that are not paraphrasable cannot be paraphrased.

What does the Soviet record tell us about the viability, effectiveness, and efficiency of socialism? There are several questions that arise if one examines the Soviet experience, in addition to the comparative systems aspect. One question relates to the impact of the experience of the Soviet Union on theories of socialism, and also vice versa: the impact and relevance of socialist theory in assessing the Soviet system. Then there is the important issue of the role of specifically Soviet- Russian circumstances: (...) traditions, political culture, and work ethic. A poet, Voloshin, wrote, “ Velikii Pyotr byl pervyi bolshevik ”. The eminent philosopher Nikolai Berdyaev also remarked that “Peter's methods were purely bolshevik.” Leftists of a Trotskyist persuasion argue that the Soviet Union under Stalin took the wrong turn, that the Soviet Union is not socialist at all, that it is “state capitalist” – run by a “new bourgeoisie,” a bureaucratic ruling class—and continue to manufacture other variants on this theme.While official Soviet ideology claims that the U.S.S.R. is socialist and is following the principles laid down by Marx and Lenin, this can be questioned. One can indeed show that many aspects of the Soviet economic and political scene are at variance with the anticipations of Marx and of Lenin. But from this, one need not draw the conclusion that there was a “revolution betrayed,” but rather that some of these anticipations were unreal or unrealizable. (shrink)

In her latest writing on the trolley problem, 'Turning the Trolley,' Judith Jarvis Thomson defends the following counter-intuitive position: if confronted with a choice of allowing a trolley to hit and kill five innocent people on the track straight ahead, or turning it onto one innocent person on a side-track, a bystander must allow it to hit the five straight ahead. In contrast, Thomson claims, the driver of the trolley has a duty to turn it from the five onto the (...) one. Thomson’s argument is fundamentally flawed in several important ways. We explain her argument and identify its major flaws. Our aims are: (a) to show that Thomson has not provided reason to think such an act is not permissible, and (b) to use the process of exposing the weaknesses in different parts of her argument to demonstrate the importance of undertaking what we call a Hohfeldian analysis of the 'mechanics' of the rights in play. A Hohfeldian 'mechanics' of rights extends the distinctions that Hohfeld first introduced to take into account the pro tanto normative 'forces' at work on an agent, the balance of which determines who in the end has what kind of right. (shrink)

The aim of this paper is to consider the vicissitudes of “area studies” from the Second World War to the present focusing eventually on the normative imperative to develop a new paradigm of “planetary thinking.” First an overview of the history of “area studies” will be given from the start in the U.S. during the Second World War in response to the geostrategic imperative for America to know its new geopolitical responsibilities in a world divided by war. This security imperativemorphed (...) into the postwar requisite to develop a counterhegemonic strategy against soviet communism in the hot spot parts of Asia, Latin American, and later Africa. The latter military‐oriented strategy was added to with research into development and modernization in the third-world through to the boundary displacement of areas studies at the end of the Cold War into the current era of globalization. At this very historical moment of transition a new rationale for area studies emerged in the form of a geoeconomic imperative – both in the U.S. and, with a different gloss, in South Korea in the late 1990s. Second, on the basis of this historical apercu, the argument will be proposed that, given the problem of global warming and the issue‐area of global inequality lurking behind the UnitedNation’s Millennium Development Goals, a pressing contemporary task for philosophy is to make a critical contribution to developing a new planetary perspective for area studies informed by a constitutive philosophical anthropology attendant to the species being of human beings. (shrink)

The aim of this paper is to consider the vicissitudes of “area studies” from the Second World War to the present focusing eventually on the normative imperative to develop a new paradigm of “planetary thinking.” First an overview of the history of “area studies” will be given from the start in the U.S. during the Second World War in response to the geostrategic imperative for America to know its new geopolitical responsibilities in a world divided by war. This security imperativemorphed (...) into the postwar requisite to develop a counterhegemonic strategy against soviet communism in the hot spot parts of Asia, Latin American, and later Africa. The latter military‐oriented strategy was added to with research into development and modernization in the third-world through to the boundary displacement of areas studies at the end of the Cold War into the current era of globalization. At this very historical moment of transition a new rationale for area studies emerged in the form of a geoeconomic imperative – both in the U.S. and, with a different gloss, in South Korea in the late 1990s. Second, on the basis of this historical apercu, the argument will be proposed that, given the problem of global warming and the issue‐area of global inequality lurking behind the UnitedNation’s Millennium Development Goals, a pressing contemporary task for philosophy is to make a critical contribution to developing a new planetary perspective for area studies informed by a constitutive philosophical anthropology attendant to the species being of human beings. (shrink)

What might the project be of lyric poetry in late global capitalism in the early years of the new millennium which acknowledges both a post-romantic and modernist lineage, and which faces the critical challenge of postmodernist theorizing? This paper endeavors to respond to this question forwarding the Adorno-inspired viewpoint that the praxes of individual lyric poems reveal orientations of affirmation or negation be they intended or not. The thesis is stated that the “arguments” of modern poets are creative litigations posing (...) counter-worlds, constituting anti-worlds, and projecting ideal worlds. The philosophical anthropology that informs this thesis focuses on the homo duplex conception of man as a double being—as a unique human individual and as members of the human species socialized into the social life-world. Thus a counter-world privileges the human subject in society as homo externus, whereas an anti-world centers on the human subject as homo internus opposed, at odds, or turned away from the external social life-world. These reflections finally concentrate on Northrop Frye’s idea of a “third order of experience” that, in his words, contrasts with “an existing world and a world which may not exist but is pointed to by the articulate orders of experience... this world is frequently called… an unborn world, a world that never quite enters existence.”. (shrink)

It may be argued that Joyce's work can be seen either as the defining text of a real and historically grounded nationhood or, conversely, as the defining text of an imaginary and ahistorical nationhood. It may in other words be viewed as either epical or Utopian—and as addressing a modernist predilection for either of those forms. But it may also be argued that Joyce's work might paradoxically be seen as both of these things and that Joyce's writing is able to (...) suspend and maintain such contradictory positions in a synthetic harmony through its uses of ambiguity and irony. Indeed, it might also be argued that Joyce herein offers the conditions of possibility of a realizable and sustainable mode of Utopianism—a .. (shrink)

What might the project be of lyric poetry in late global capitalism in the early years of the new millennium which acknowledges both a post-romantic and modernist lineage, and which faces the critical challenge of postmodernist theorizing? This paper endeavors to respond to this question forwarding the Adorno-inspired viewpoint that the praxes of individual lyric poems reveal orientations of affirmation or negation be they intended or not. The thesis is stated that the “arguments” of modern poets are creative litigations posing (...) counter-worlds, constituting anti-worlds, and projecting ideal worlds. The philosophical anthropology that informs this thesis focuses on the homo duplex conception of man as a double being—as a unique human individual and as members of thehuman species socialized into the social life-world. Thus a counterworld privileges the human subject in society as homo externus, whereas an anti-world centers on the human subject as homo internus opposed, at odds, or turned away from the external social life-world. These reflections finally concentrate on Northrop Frye’s idea of a “third order of experience” that, in his words, contrasts with “an existing world and a world which may not exist but is pointed toby the articulate orders of experience... this world is frequently called… an unborn world, a world that never quite enters existence.”. (shrink)

The idea of 'holiness' is central to religion, but it is also one of the hardest concepts to define. Is 'holiness' a synonym for Godliness, one of God's attributes, or does it have independent existence? What does it mean to say that both God and man are holy? What is the proper understanding of 'Be holy, because I the Lord your God am holy'? A Theology of Holiness analyzes the meaning of the Hebrew root k-d-sh from ancient sources, throughout Tanakh, (...) the Talmud, Rashi, Maimonides, Nachmanides, Rabbi Samson Raphael Hirsch, and Rabbi Joseph B. Soloveitchik. Ultimately, it is a work of theology, and helps the reader achieve a deeper understanding of holiness"--Page 4 of cover. (shrink)

Conversation analysis (CA) is now what Kuhn once called a normal science. It has a discernible body of concepts, methods, and recognizable objects of analysis. More importantly, its considerable archive of accumulated findings has a very high degree of redundancy–in the positive sense that researchers have continually replicated the findings of their colleagues. It ought, then, in every respect, to be the envy of the social sciences generally and not easily dismissed as an abstruse and recondite branch of language studies (...) or “discourse analysis” concerned with merely trivial fragments of recorded talk as such. To help CA be respecified in this way, the present paper unearths a relatively unknown part of its history in the partial book manuscript of Harvey Sacks’s Aspects of the Sequential Organization of Conversation, circulated in mimeo to colleagues in 1970. There we find innumerable appeals to the now well-recognized fact that the practical actions of everyday talk have significant, culture-wide, formal structures that are the proper objects of the discipline. Or, in Sacks’s own terms, seemingly insignificant mundane events are generated by a powerful (if not always intuitively accessible) social “machinery.” The purpose of this paper is, then, to extract a sample of these aspects of Sacks’s Aspects in order to illustrate, sketch, or give a preliminary sense of just that point. (shrink)

Gideon Yaffe’s “subjectivism about attempts” rest on the Transfer Principle: “If a particular form of conduct is legitimately criminalized, then the attempt to engage in that form of conduct is also legitimately criminalized.” From the perspective of a moral concern with culpability, this principle seems to get to the heart of the matter: the true essence of what is wrong with attempting to commit a crime. Unfortunately, Yaffe’s argument for the Transfer Principle is based on an equivocation and therefore logically (...) unsound. The moral core of the Principle is still sound, but we can’t tell from Yaffe’s book how far that principle would take us in the criminal law. (shrink)

A robust, if not absolute, prohibition on treating people simply as a means sits at the core of common sense deontological morality. But the principle prohibiting such treatment, the "means principle" (MP), has been notoriously hard to defend. This paper has two parts. In Part I, I survey why the interpretation of the MP in terms of intentions does not work, and why the interpretation in terms of causes, as defended up to now, is so mysterious as to be question (...) begging. I also explore Judith Jarvis Thomson's early and admittedly failed attempt to explain the MP in terms of rights. In Part II, I articulate and defend a new account of a causal interpretation of the MP. The principle I defend there, the Restricting Claims Principle, registers the moral significance of the fact that certain claims have a kind of moral externality: if they had to be respected as rights that would restrict what agents could do on behalf of other patients. Claims that impose that sort of externality, restricting claims, register as less weighty than claims that do not. The claims of those who would be used simply as a means (a causal notion) are not restricting, and that explains why they are stronger than competing restricting claims. (shrink)

This essay works towards a rough explication of the ontic-ontological difference as it emerges in the early chapters of Heidegger’s Being and Time. It then goes on to use that difference to open up a possible ontology of culture. If the cultural disciplines are both ontically oriented and cannot “see” the ontic–ontological difference—and Heidegger tells us this in so many words—what alternative version of culture becomes available to an ontologically-oriented investigation that is aware of the difference?

Judith Jarvis Thomson recently argued that it is impermissible for a bystander to turn a runaway trolley from five onto one. But she also argues that a trolley driver is required to do just that. We believe that her argument is flawed in three important ways. She fails to give proper weight to (a) an agent¹s claims not to be required to act in ways he does not want to, (b) impartiality in the weighing of competing patient-claims, and (c) the (...) role of patient-claims in determining agent-duties. All three of these failures can be understood in terms of what we call the Mechanics of Claims, an approach we develop for identifying and balancing competing claims in determining rights. Using that framework, one can see both why Thomson's most recent argument is mistaken, and how to think more clearly about deontological choices generally. (shrink)

Riassunto: Tra i disturbi del linguaggio, il deficit di tipo pragmatico viene spesso osservato nelle persone a seguito di trauma cranio-encefalico. Nonostante sia negletta nella pratica clinica, questa componente gioca un ruolo centrale nella qualità di vita di persone con TCE. L’aspetto peculiare del deficit di tipo pragmatico è la sua natura intrinsecamente connessa sia ad altre capacità di tipo cognitivo che relazionali delle persone fin nella storia pre-morbosa. L’obiettivo di questo lavoro è proporre un punto di vista teorico che, (...) beneficiando del dialogo tra neuropsicologia e fenomenologia, possa costituire un paradigma utile per considerare in modo più sistematico il deficit di tipo pragmatico. Piuttosto che frammentarlo e ridurlo solo a una lista di singoli sintomi, esso viene analizzato come conseguenza di un’alterazione non storica dell’ ipseità, mettendolo in relazione con il concetto di “ embodiment ”. Si avanza, in conclusione, una possibile proposta di presa in carico di tale neuropsicopatologia. Parole chiave: Trauma cranio-encefalico; Pragmatica; Comunicazione; Embodiment; Fenomenologia Pragmatic disorder due to TBI: A phenomenological approach to rehabilitation –: People who suffer from traumatic brain injury are frequently affected by pragmatic disorder, among other communicative impairments. While largely neglected in terms of rehabilitation strategies, the skills impaired by PD play a fundamental role in the quality of life of people who suffer from TBI. PD uniquely impacts a person’s cognitive and interpersonal abilities, including those from their pre-morbid history. The aim of this work is to propose a theoretical framework, based on a dialogue between neuropsychology and phenomenology, that may provide a useful paradigm in approaches to rehabilitation in PD. Instead of fragmenting this disorder into a list of symptoms, we address it as a consequence of a non-historical alteration of “ ipseity” in connection with the concept of “ embodiment”. In conclusion, we suggest an intervention for this neuropsychopathology. Keywords: Traumatic Brain Injury; Pragmatics; Communication; Embodiment; Phenomenology. (shrink)

Extended Reality (XR) and Large Language Model (LLM) technologies have the potential to significantly influence higher education practices and pedagogy in the coming years. As these emerging technologies reshape the educational landscape, it is crucial for educators and higher education professionals to understand their implications and make informed policy decisions for both individual courses and universities as a whole. -/- This paper has two parts. In the first half, we give an overview of XR technologies and their potential future role (...) in higher education. Then, we discuss the benefits and challenges of adopting and integrating XR technologies into higher education settings. Finally, we offer recommendations for educators, administrators, and policymakers on how to approach the adoption of this set of technologies and set institutional policy to take advantage of its benefits while minimizing its potential negative consequences. -/- In the paper’s second half, we discuss LLMs - specifically Generative Pre-trained Transformers (GPTs). Again, we provide an overview of this rapidly developing technology and examine its unprecedented and potentially disruptive impact on higher education pedagogy. We delve into the benefits and limitations of GPTs, highlighting the pedagogical and ethical challenges they may pose. Finally, we present actionable recommendations for instructors and administrators at both the course level and the university-wide level to guide policy decisions concerning these transformative technologies. (shrink)