. “The Notebook Corner,” edited by Enrico Pattaro, makes its first appearance here as a new section of Ratio Juris. This new section can be described in a sense as an offshoot of the project for A Treatise of Legal Philosophy and General Jurisprudence, a work still in progress composed of five theoretical volumes and six historical ones. The theoretical volumes receive a brief presentation in the paper immediately below, with a specific focus on Volume 1, entitled The Law (...) and the Right: A Reappraisal of the Reality That Ought to Be. This volume is then discussed as well by Rosaria Conte and Cristiano Castelfronchi in the second paper of this “Notebook Corner”. (shrink)

In this paper I set out to read Hägerström through his own eyes, adhering to the terminology he uses in his own original work and attempting to make sense of the variance and uniformity alike that one finds in his linguistic usage. The translations we have of Hägerström's works are quite liberal, using the same word in English where the original uses different ones, and, vice versa, using different words in English where the original uses a single one in different (...) contexts. These misleading translations of Hägerström have contributed in some measure to Hägerström's reputation for obscurity. Further, and most importantly, I will take seriously what Hägerström says about his own thought, namely, that it is dependent on that of Kant and independent of the currents of thought contemporary with Hägerström. In Section 1, I will briefly take up the problem of consciousness that Hägerström proceeds from, and will recall something that Bertrand Russell once said, in 1928, in regard to the revolt staged in the early 20th century in Europe against German idealism. In Sections 2 and 4.1, I will instead take up Kant for the purpose of clarifying Hägerström's theory of judgment as treated in Section 3. In Section 4.2, I will illustrate the difference between the notions of nothing, R-reality, and W-reality in Hägerström. In Sections 5 and 6, I will examine the analysis that Hägerström offers of the principle of contradiction, and will summarize the three types of judgment he singled out, including the type he called impossible judgment. In Section 7, I will consider Hägerström views as grounding, in a transcendental way, the presupposition of the primacy of the external spatio-temporal world, a world independent of our representations: I will consider in particular the W-real complexes that are merely represented, as well as the spatio-temporal world as the only W-real complex that is not merely represented. Finally, in Section 8, I will briefly consider some of those who have commented and translated Hägerström, this to conclude that R-reality and W-reality are coextensive but not synonymous. (shrink)

An adequate theory of rights ought to forbid the harming of animals to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can be compatible with recognizing the (...) inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

Value capture occurs when an agent’s values are rich and subtle; they enter a social environment that presents simplified — typically quantified — versions of those values; and those simplified articulations come to dominate their practical reasoning. Examples include becoming motivated by FitBit’s step counts, Twitter Likes and Re-tweets, citation rates, ranked lists of best schools, and Grade Point Averages. We are vulnerable to value capture because of the competitive advantage that such crisp and clear expressions of value have in (...) our private reasoning and our public justification. There is, however, a price. In value capture, we take a central component of our autonomy — our ongoing deliberation over the exact articulation of our values — and we outsource it. And the metrics to which we outsource usually engineered for the interests of some external force, like a large-scale institution’s interest in cross-contextual comprehensibility and quick aggregability. That outsourcing cuts off one of the key benefits to personal deliberation. In value capture, we no longer adjust our values and their articulations in light of own rich experience of the world. Our values should often be carefully tailored to our particular selves or our small-scale communities, but in value capture, we buy our values off the rack. In some cases – like decreasing CO2 emissions – the costs of non-tailored values are outweighed by the benefit of precise collective coordination. In other cases, like in our aesthetic lives, they are not. This suggests that we should want different values suited to different scales. We should want value federalism. Some values are perhaps best pursued at the largest-scale level, others at smaller scales. The problem occurs when we exhibit an excess preference for the largest-scale values – when we consistently let the universal metrics swamp our quieter interests. (shrink)

The author distinguishes between scientific and prudential reason (practical wisdom) in Aristotle with reference to the nature of the principles assumed as premises, and to the method of inference. In the history of thought these two models of reason are elieved not only to be proper to science and, respectively, ethics, but also, at times, to be the scientific model proper to ethics (for example, in natural law doctrines) and the prudential model proper to science. Mixed models are also given (...) in the history of thought: scientific‐prudential (for example, in Thomas Aquinas) and prudential‐scientific. Furthermore, some aspects of the relationship between authority and reason are examined. (shrink)

In The Case for Animal Rights, Tom Regan argues that although all subjects-of-a-life have equal inherent value, there are often differences in the value of lives. According to Regan, lives that have the highest value are lives which have more possible sources of satisfaction. Regan claims that the highest source of satisfaction, which is available to only rational beings, is the satisfaction associated with thinking impartially about moral choices. Since rational beings can bring impartial reasons to bear on decision making, (...) Regan maintains that they have an additional possible source of satisfaction that nonrational beings do not have and, consequently, the lives of rational beings turn out to have greater value.. (shrink)

Анотація. У статті проаналізовані досягнення Соціального Вчительства Католицької Церкви, репрезентовані працями Лева ХІІІ, Пія ХІ, Пія ХІІ, Івана Павла ІІ, що розкривають змістовні характеристики поняття «принцип субсидіарності», його роль і значення в системі християнських цінностей. Принцип субсидіарності робить можливими такі взаємовідносини в соціальному житті, коли спільнота вищого порядку не втручається у внутрішнє життя спільноти нижчого порядку, перебираючи на себе належні тій функції; заради спільного добра, спільного блага вона надає їй у разі потреби підтримку й допомогу, узгоджуючи у такий спосіб її (...) взаємодію з іншими соціальними структурами. Принцип субсидіарності скеровує соціальну практику на утвердження спільного блага в людському співтоваристві. Поширення і застосування принципу субсидіарності протистоїть небезпеці «одержавлення» суспільства та найзагрозливіших проявів колективізму, обмежує абсолютизацію влади, бюрократизацію державних і соціокультурних структур, стає одним із гарантів дотримання прав і свобод громадян своєї країни. (shrink)

Abstract. This paper discusses Kelsen's attempt at reducing the concept of subjektives Recht (what is subjectively right) to that of objektives Recht (what is objectively right). This attempt fails, it is argued, because in Kelsen's theory the concept of subjektives Recht survives concealed within the concept of individual norm (individuelle Norm), a norm that, pace Kelsen, is not a case of what is objectively right (objektives Recht) but is precisely what is subjectively right (subjektives Recht): We could call it "what (...) is individually right.". (shrink)

In her BBC Reith Lectures on Trust, Onora O’Neill offers a short, but biting, criticism of transparency. People think that trust and transparency go together but in reality, says O'Neill, they are deeply opposed. Transparency forces people to conceal their actual reasons for action and invent different ones for public consumption. Transparency forces deception. I work out the details of her argument and worsen her conclusion. I focus on public transparency – that is, transparency to the public over expert domains. (...) I offer two versions of the criticism. First, the epistemic intrusion argument: The drive to transparency forces experts to explain their reasoning to non-experts. But expert reasons are, by their nature, often inaccessible to non-experts. So the demand for transparency can pressure experts to act only in those ways for which they can offer public justification. Second, the intimate reasons argument: In many cases of practical deliberation, the relevant reasons are intimate to a community and not easily explicable to those who lack a particular shared background. The demand for transparency, then, pressures community members to abandon the special understanding and sensitivity that arises from their particular experiences. Transparency, it turns out, is a form of surveillance. By forcing reasoning into the explicit and public sphere, transparency roots out corruption — but it also inhibits the full application of expert skill, sensitivity, and subtle shared understandings. The difficulty here arises from the basic fact that human knowledge vastly outstrips any individual’s capacities. We all depend on experts, which makes us vulnerable to their biases and corruption. But if we try to wholly secure our trust — if we leash groups of experts to pursuing only the goals and taking only the actions that can be justified to the non-expert public — then we will undermine their expertise. We need both trust and transparency, but they are in essential tension. This is a deep practical dilemma; it admits of no neat resolution, but only painful compromise. (shrink)

Recent discussions in the just war literature suggest that soldiers have a duty to assume certain risks in order to protect the lives of all innocent civilians. I challenge this principle of risk by arguing that it is justified neither as a principle that guides the conduct of combat soldiers, nor as a principle that guides commanders in the US military. I demonstrate that the principle of risk fails on the first account because it requires soldiers both to violate their (...) strict duty of obedience and loyalty and to exceed their special obligations to protect their fellow comrades, the state, the state's constituents and other protected civilians. I then illustrate that the principle of risk fails on the second account since it conflicts with the commander's primary obligation to protect and promote the welfare and lives of his or her soldiers. I conclude by arguing that we cannot reasonably expect soldiers and commanders to adhere to the principle of risk until there is a radical, institutional-level transformation of militaristic goals, values, strategies, policies, warrior codes and expectations of service members in the US Armed Forces. (shrink)

Монографія "Функціональність релігії: український контекст".

In his celebrated masterpiece, Symposium, Plato imagines a high-society dinner-party in Athens in 416 BC at which the guests - including the comic poet Aristophanes and, of course, Plato's mentor Socrates - each deliver a short speech in praise of love. The sequence of dazzling speeches culminates in Socrates' famous account of the views of Diotima, a prophetess who taught him that love is our means of trying to attain goodness. And then into the party bursts the drunken Alcibiades, the (...) most popular and notorious Athenian of the time, who insists on praising Socrates himself rather than love, and gives us a brilliant sketch of this enigmatic character. The power, humour, and pathos of Plato's creation engages the reader on every page. This new translation is complemented by full explanatory notes and an illuminating introduction. (shrink)

This classic and controversial book examines the roots of the idea of virtue, diagnoses the reasons for its absence in modern life, and proposes a path for its recovery.

A selection of speeches and essays from the author's second decade as president of Yale University.

Стаття С. Присухіна «Іван Павло ІІ про логіку діалогу між Католицькою Церквою та ісламом» присвячена філософськобогословським напрацюванням Папи Римського Івана Павла ІІ щодо аналізу змістовних характеристик поняття «діалог між католицизмом і ісламом», а також логіки його здійснення в непростому й суперечливому сьогоденні.

The goal of this study was to determine whether it is possible to teach children with serious decoding problems four text comprehension strategies in listening contexts. The subjects were 9-11 year old students from special schools for children with learning disabilities. All the students were very poor at decoding; half of the group were also poor listeners, whereas the other half consisted of normal listeners. The experimental children were trained in strategies of clarifying, questioning, summarising and predicting through a combination (...) of reciprocal teaching and direct instruction. The results indicated significant programme effects on a strategic listening comprehension test. A transfer effect on general listening comprehension and general reading comprehension tests was not found. The poor listeners within the experimental group did not perform better than the normal listeners. (shrink)

According to most accounts of trust, you can only trust other people (or groups of people). To trust is to think that another has goodwill, or something to that effect. I sketch a different form of trust: the unquestioning attitude. What it is to trust, in this sense, is to settle one’s mind about something, to stop questioning it. To trust is to rely on a resource while suspending deliberation over its reliability. Trust lowers the barrier of monitoring, challenging, checking, (...) and questioning. Trust sets up open pipelines between yourself and parts of the external world. Trust permits external resources to have a similar relationship to one as one’s internal cognitive faculties. This creates efficiency, but at the price of exquisite vulnerability. We must trust in this way because we are cognitively limited beings in a cognitively overwhelming world. Crucially, we can hold the unquestioning attitude towards objects and technologies. When I trust my climbing rope, I stop worrying about its reliability. When I trust my online calendaring system, I simply go to the events indicated, without question. But, one might worry, how could one ever hold such a normatively loaded attitude as trust towards mere objects? How could it ever make sense to feel betrayed by an object? Trust is our engine for expanding and outsourcing our agency — for binding external processes into our practical selves. Thus, we can be betrayed by our smartphones in the same way that we can be betrayed by our memory. When we trust, we try to make something a part of our agency, and we are betrayed when our part lets us down. To unquestioningly trust something is to let it in—to attempt to bring it inside one’s practical functioning. This suggests a new form of gullibility: agential gullibility, which occurs when agents too hastily and carelessly integrate external resources into their own agency. (shrink)

Because factory-farmed meat production inflicts gratuitous suffering upon animals and wreaks havoc on the environment, there are morally compelling reasons to become vegetarian. Yet industrial plant agriculture causes the death of many field animals, and this leads some to question whether consumers ought to get some of their protein from certain kinds of non factory-farmed meat. Donald Bruckner, for instance, boldly argues that the harm principle implies an obligation to collect and consume roadkill and that strict vegetarianism is thus immoral. (...) But this argument works only if the following claims are true: all humans have access to roadkill, roadkill would go to waste if those who happen upon it don’t themselves consume it, it’s impossible to harvest vegetables without killing animals, the animals who are killed in plant production are all-things-considered harmed by crop farming, and the best arguments for vegetarianism all endorse the harm principle. As I will argue in this paper, each claim is deeply problematic. Consequently, in most cases, humans ought to strictly eat plants and save the roadkill for cats. (shrink)

There seems to be a deep tension between two aspects of aesthetic appreciation. On the one hand, we care about getting things right. On the other hand, we demand autonomy. We want appreciators to arrive at their aesthetic judgments through their own cognitive efforts, rather than deferring to experts. These two demands seem to be in tension; after all, if we want to get the right judgments, we should defer to the judgments of experts. The best explanation, I suggest, is (...) that aesthetic appreciation is something like a game. When we play a game, we try to win. But often, winning isn’t the point; playing is. Aesthetic appreciation involves the same flipped motivational structure: we aim at the goal of correctness, but having correct judgments isn’t the point. The point is the engaged process of interpreting, investigating, and exploring the aesthetic object. Deferring to aesthetic testimony, then, makes the same mistake as looking up the answer to a puzzle, rather than solving it for oneself. The shortcut defeats the whole point. This suggests a new account of aesthetic value: the engagement account. The primary value of the activity of aesthetic appreciation lies in the process of trying to generate correct judgments, and not in having correct judgments. -/- *There is an audio version available: look for the Soundcloud link, below.*. (shrink)

The feeling of clarity can be dangerously seductive. It is the feeling associated with understanding things. And we use that feeling, in the rough-and-tumble of daily life, as a signal that we have investigated a matter sufficiently. The sense of clarity functions as a thought-terminating heuristic. In that case, our use of clarity creates significant cognitive vulnerability, which hostile forces can try to exploit. If an epistemic manipulator can imbue a belief system with an exaggerated sense of clarity, then they (...) can induce us to terminate our inquiries too early — before we spot the flaws in the system. How might the sense of clarity be faked? Let’s first consider the object of imitation: genuine understanding. Genuine understanding grants cognitive facility. When we understand something, we categorize its aspects more easily; we see more connections between its disparate elements; we can generate new explanations; and we can communicate our understanding. In order to encourage us to accept a system of thought, then, an epistemic manipulator will want the system to provide its users with an exaggerated sensation of cognitive facility. The system should provide its users with the feeling that they can easily and powerfully create categorizations, generate explanations, and communicate their understanding. And manipulators have a significant advantage in imbuing their systems with a pleasurable sense of clarity, since they are freed from the burdens of accuracy and reliability. I offer two case studies of seductively clear systems: conspiracy theories; and the standardized, quantified value systems of bureaucracies. (shrink)

I propose to study one problem for epistemic dependence on experts: how to locate experts on what I will call cognitive islands. Cognitive islands are those domains for knowledge in which expertise is required to evaluate other experts. They exist under two conditions: first, that there is no test for expertise available to the inexpert; and second, that the domain is not linked to another domain with such a test. Cognitive islands are the places where we have the fewest resources (...) for evaluating experts, which makes our expert dependences particularly risky. -/- Some have argued that cognitive islands lead to the complete unusability of expert testimony: that anybody who needs expert advice on a cognitive island will be entirely unable to find it. I argue against this radical form of pessimism, but propose a more moderate alternative. I demonstrate that we have some resources for finding experts on cognitive islands, but that cognitive islands leave us vulnerable to an epistemic trap which I will call runaway echo chambers. In a runaway echo chamber, our inexpertise may lead us to pick out bad experts, which will simply reinforce our mistaken beliefs and sensibilities. (shrink)

This is a reply to Elisabeth Camp's and Elijah Millgram's probing discussions of "Games and the Art of Agency", in a symposium in Journal of Ethics and Social Philosophy. Millgram argues that games cannot function as a guide to life, because they are too different from life. Games are limited in a special way: in life, we deliberate about what goals we want to take on, but in games, the goals are fixed and given to us. Camp argues that there (...) is nothing particularly special about games, because the fluidity of agency is all over ordinary life too - games are just like ordinary life. I respond to Millgram: we do deliberate about our ends, in games, when we aesthetically reflect on which games to play. And I respond to Camp: games are distinctive in the way they regulate how our reasons flow across the game/life border. To respond to these criticisms, I add some substantial new features to my account of the motivational structure of game-play. (shrink)

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at (...) all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema's volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects-namely, legal positivism, natural-law theory, and the theory of legal reasoning-and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking. (shrink)

C. S. Lewis takes us on a profound journey through both heaven and hell in this engaging allegorical tale. Using his extraordinary descriptive powers, Lewis introduces us to supernatural beings who will change the way we think about good and evil.

The Statesman is Plato's neglected political work, but it is crucial for an understanding of the development of his political thinking. In some respects it continues themes from the Republic, particularly the importance of knowledge as entitlement to rule. But there are also changes: Plato has dropped the ambitious metaphysical synthesis of the Republic, changed his view of the moral psychology of the citizen, and revised his position on the role of law and institutions. In its presentation of the statesman's (...) expertise, the Statesman modifies, as well as defending in original ways, this central theme of the Republic. (shrink)