Speech acts are a staple of everyday communicative life, but only became a topic of sustained investigation, at least in the English-speaking world, in the middle of the Twentieth Century.[1] Since that time “speech act theory” has been influential not only within philosophy, but also in linguistics, psychology, legal theory, artificial intelligence, literary theory and many other scholarly disciplines.[2] Recognition of the importance of speech acts has illuminated the ability of language to do other things than describe reality. In the (...) process the boundaries among the philosophy of language, the philosophy of action, the philosophy of mind and even ethics have become less sharp. In addition, an appreciation of speech acts has helped lay bare an implicit normative structure within linguistic practice, including even that part of this practice concerned with describing reality. Much recent research aims at an accurate characterization of this normative structure underlying linguistic practice. (shrink)

I argue that it is possible literally to perceive the emotions of others. This account depends upon the possibility of perceiving a whole by perceiving one or more of its parts, and upon the view that emotions are complexes. After developing this account, I expound and reply to Rowland Stout's challenge to it. Stout is nevertheless sympathetic with the perceivability-of-emotions view. I thus scrutinize Stout's suggestion for a better defence of that view than I have provided, and offer a refinement (...) of my own proposal that incorporates some of his insights. (shrink)

Philosophical theories of emotions, and to an extent some theories of scientific psychology, represent attempts to capture the essence of emotions basically as they are conceived in common sense psychology. Although there are problems, the success of explanations of our behavior in terms of believes, desires and emotions creates a presumption that, at some level of abstraction, they reflect important elements in our psychological nature. It is incumbent on a theory of emotions to provide an account of two salient facts (...) about emotions as conceived in common sense psychology. As intentional states, emotions have representational and rational properties: emotions represent states of affairs; and they are rationally related to other mental representations, figure in rational explanations of behavior, and are open to rational assessment. Emotions also have a close relationship to a range of non-intentional phenomena: in typical cases, emotions involve physiological changes, usually associated with the activation of the autonomic nervous system, which are proprioceptively experienced; and they often involve behavioral tendencies, as well. (shrink)

This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference, held at the NYU Law School in February 2008. A revised version will appear in the NYU Law Review. The paper seeks to clarify and assess HLA Hart's famous claim that legal positivism somehow involves a 'separation of law and morals.' The paper contends that Hart's 'separability thesis should not be confused with the 'social thesis,' with the 'sources thesis,' or with a methodological thesis (...) about jurisprudence. Hart's thesis denies the existence of necessary (conceptual) connections between law and morality. But that thesis is false: there are many necessary connections between law and morality, some of them conceptually significant. Among these is an important negative connection: law is of its nature morally fallible and morally risky. Lon Fuller emphasised the 'internal morality of law,' the 'morality that makes law possible'. Hart stressed that there is also an immorality that law makes possible. Law's nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. (shrink)

Grice's Quantity maxims have been widely misinterpreted as enjoining a speaker to make the strongest claim that she can, while respecting the other conversational maxims. Although many writers on the topic of conversational implicature interpret the Quantity maxims as enjoining such volubility, so construed the Quantity maxims are unreasonable norms for conversation. Appreciating this calls for attending more closely to the notion of what a conversation requires. When we do so, we see that eschewing an injunction to maximal informativeness need (...) not deprive us of any ability to predict or explain genuine cases of implicature. Crucial to this explanation is an appreciation of how what a conversation, or a given stage of a conversation, requires, depends upon what kind of conversation is taking place. I close with an outline of this dependence relation that distinguishes among three importantly distinct types of conversation. (shrink)

Many philosophers, both past and present, object to materialism not from any romantic anti-scientific bent, but from sheer inability to understand the thesis. It seems utterly inconceivable to some that qualia should exist in a world which is entirely material. This paper investigates the grain objection, a much neglected argument which purports to prove that sensations could not be brain events. Three versions are examined in great detail. The plausibility of the first version is shown to depend crucially on whether (...) one holds a direct or non-direct theory of perception. Only on the latter is this version plausible. An analysis of the second "semantic" version concludes that a materialist description and explanation of the world should not be expected to transparently convey all that would be of interest or importance to human beings. The final version explicitly makes use of Grover Maxwell's non-direct perceptual theory of structural realism. Although a confusion is charged to Maxwell between phenomenal and objective properties, the critical difficulty for the grain objection is its failure to characterize "structure" from a non-percipient point of view. As the grain objection is ultimately found wanting, the real difficulty for materialism crystallizes as its irreconciliability with the mere existence of sentience, which seems to force some sort of emergence upon us. (shrink)

Until recently, genetics counselors and medical geneticists considered themselves lucky if they could provide parents with predictive information about a small number of severe genetic disorders. Testing and counseling were indicated primarily for conditions of thithis s sort. Out of respect for the autonomy of parental reproductive decision making, the prevailing ethic of genetic counseling stressed nondirectiveness and value neutrality As summarized by Arthur Caplan, the hallmarks of this stance includea willingness to provide testing and counseling to all who voluntarily (...) seek it, the presentation of information concerning findings in a manner that is balanced and comprehensible to patients or clients, the fair and balanced presentation of all options for action if a problem is discovered, a willingness to answer all questions asked by those seeking services, and an obligation to protect privacy and confidentiality at all times regardless of societal needs or benefits. (shrink)

The purpose of this book is to call the separation of reason and religion into question.

According to many forms of Externalism now popular in the Philosophy of Mind, the contents of our thoughts depend in part upon our physical or social milieu.1 These forms of Externalism leave unchallenged the thesis that the ~non-factive! attitudes we bear towards these contents are independent of physical or social milieu. This paper challenges that thesis. It is argued here that publicly forwarding a content as a supposition for the sake of argument is, under conditions not themselves guaranteeing the existence (...) of that state, sufficient for occupancy of the intentional state of supposing that content. Because a saying may literally create an intentional state, whether one is in such a state does not depend solely upon how things are within one’s skin. Rather, even leaving content fixed, the attitude borne toward that content depends in part upon what norms are in force in one’s milieu. (shrink)

When does benefiting from others’ wrongdoing effectively make one a moral accomplice in their evil deeds? If stem cell research lives up to its therapeutic promise, this question (which has previously cropped up in debates over fetal tissue research or the use of Nazi research data) is likely to become a central one for opponents of embryo destruction. I argue that benefiting from wrongdoing is prima facie morally wrong under any of three conditions: (1) when the wrongdoer is one’s agent; (...) (2) when acceptance of benefit directly encourages the repetition of the wrongful deed (even though no agency relationship is involved); and (3) when acceptance of a benefit legitimates a wrongful practice. I conclude by showing that, because of the ways in which most embryonic stem cell lines come into being, people who oppose embryo destruction may use human embryonic stem cells without incurring moral blame. (shrink)

With the emergence of systems biology the notion of organizing principles is being highlighted as a key research aim. Researchers attempt to ‘reverse engineer’ the functional organization of biological systems using methodologies from mathematics, engineering and computer science while taking advantage of data produced by new experimental techniques. While systems biology is a relatively new approach, the quest for general principles of biological organization dates back to systems theoretic approaches in early and mid-20th century. The aim of this paper is (...) to draw on this historical background in order to increase the understanding of the motivation behind the systems theoretic approach and to clarify different epistemic aims within systems biology. We pinpoint key aspects of earlier approaches that also underlie the current practice. These are i) the focus on relational and system-level properties, ii) the inherent critique of reductionism and fragmentation of knowledge resulting from overspecialization, and iii) the insight that the ideal of formulating abstract organizing principles is complementary to, rather than conflicting with, the aim of formulating detailed explanations of biological mechanisms. We argue that looking back not only helps us understand the current practice but also points to possible future directions for systems biology. (shrink)

Frege and many following him, such as Dummett, Geach, Stenius and Hare, have envisaged a role for illocutionary force indicators in a logically perpspicuous notation. Davidson has denied that such expressions are even possible on the ground that any putative force indicator would be used by actors and jokers to heighten the drama of their performances. Davidson infers from this objection a Thesis of the Autonomy of Linguistic Meaning: symbolic representation necessarily breaks any close tie with extra-linguistic purpose. A modified (...) version of Frege's ideal is here propounded according to which all expression is a force indicator just in case it indicates force in any speech act in which it occurs. It is shown that attainment of such an ideal would not have deprived Frege of what he desired of a perspicuous notation. In elaborating this ideal we also espouse an illocutionary conception of validity and argue that the ideal is one to which English conforms: parenthetical speech act verbs in the first person present indicative active are force indicators in the modified sense. But the mere possibility of force indicators in the modified sense is enough to show Davidson's Autonomy Thesis to be at best at half-truth. (shrink)

Companies do have ethical responsibility and are not protected by limited liability from the consequences of their actions. A company's record and the preception of its ethics affect its reputation and ensure long term success or failure.The financial community has a history of placing moral considerations above legal or opportunistic expedients. But we are often exposed to moral dangers and the dangers of contamination are increasing. Deregulation and the technological revolution are sharpening ethical conflicts.

Lawyers and philosophers have long debated whether law should enforce social morality. This paper explores whether law should improve social morality. It explains how this might be possible, and what sort of obstacles, factual and moral, there are to doing so. It concludes with an example: our law should attempt to improve our social morality of sexual conduct.

In her paper, 'Two distinctions in goodness', Korsgaard points out that while a contrast is often drawn between intrinsic and instrumental value there are really two distinctions to be drawn here. One is the distinction between intrinsic and extrinsic value, the other is that between having value as an end and having value as a means. In this paper I apply this contrast to some issues in environmental philosophy. It has become a commonplace of environmentalism that there are intrinsic values (...) in nature. What is usually meant by this is that some values in nature are not merely instrumental to human ends. By using the notion of intrinsic value to express this philosophers have developed positions which are open to a number of meta-ethical and practical objections. The view that there are objective values in nature, which are independent of human interests, is better served by an environmental philosophy which sees most value in nature as objective, extrinsic value. The resulting environmental ethic is sketched and some apparent difficulties discussed. (shrink)

Two experiments using a realistic version of the selection task examined the relationship between participants' probability estimates of finding a counter example and their selections. Experiment 1 used everyday categories in the context of a scenario to determine whether or not the number of instances in a category affected the estimated probability of a counter-example. Experiment 2 modified the scenario in order to alter participants' estimates of finding a specific counter-example. Unlike Kirby 1994a, but consistent with his proposals, both studies (...) showed that probability estimates significantly predicted selection. Overall results point to the value of understanding selections in terms of their subjective expected utility. (shrink)

Two years ago in two articles in a thematic issue of this journal the three of us engaged in a critique of principlism. In a subsequent issue, B. Andrew Lustig defended aspects of principlism we had criticized and argued against our own account of morality. Our reply to Lustig's critique is also in two parts, corresponding with his own. Our first part shows how Lustig's criticisms are seriously misdirected. Our second and philosophically more important part picks up on Lustig's challenge (...) to us to show that our account of morality is more adequate than principlism. In particular we show that recognition of morality as public and systematic enables us to provide a far better description of morality than does principlism. This explains why we adopt the label “Dartmouth Descriptivism.”. (shrink)

Various argumentation analysis tools permit the analyst to represent functional components of an argument (e.g., data, claim, warrant, backing), how arguments are composed of subarguments and defenses against potential counterarguments, and argumentation schemes. In order to facilitate a study of argument presentation in a biomedical corpus, we have developed a hybrid scheme that enables an analyst to encode argumentation analysis within the framework of Rhetorical Structure Theory (RST), which can be used to represent the discourse structure of a text. This (...) paper describes the hybrid representation scheme and illustrates its use for investigation of contexts that license omission of elements of an argument. The analyses given in the paper involve reconstruction of enthymemes. Defeasible argumentation schemes serve as a constraint on reconstruction. In addition, the examples illustrate several other types of contextual constraints on reconstruction of enthymemes. (shrink)

Rather than being in inherent conflict with religion or operating on planes that do not intersect, the cognitive science of religion (CSR) can be used to renovate a religious understanding of the world. CSR allows one to reshape the perspectives of Aquinas and Calvin on the natural knowledge of God. The Christian tradition affirms that all human beings have available to them some knowledge of God. This claim has empirical import and thus invites scientific investigation and clarification. A CSR-inspired lens (...) allows one’s theological reflections to move from paradigms that focus on the cognitive reach of a domain-general power of human thought to a paradigm focused on different ways of relating to another person. The case study of the natural knowledge of God presented here models a productive way of relating CSR and religious perspectives from within a faith tradition. (shrink)

In Belief and the Will, van Fraassen employed a diachronic Dutch Book argument to support a counterintuitive principle called Reflection. There and subsequently van Fraassen has put forth Reflection as a linchpin for his views in epistemology and the philosophy of science, and for the voluntarism (first-person reports of subjective probability are undertakings of commitments) that he espouses as an alternative to descriptivism (first-person reports of subjective probability are merely self-descriptions). Christensen and others have attacked Reflection, taking it to have (...) unpalatable consequences. We prescind from the question of the cogency of diachronic Dutch Book arguments, and focus on Reflection's proper interpretation. We argue that Reflection is not as counterintuitive as it appears — that once interpreted properly the status of the counterexamples given by Christensen and others is left open. We show also that descriptivism can make sense of Reflection, while voluntarism is not especially well suited to do so. (shrink)

: Debates about commodification in bioethics frequently appeal to Kant's famous second formulation of the categorical imperative, the formula requiring us to treat the rational (human) being as "an end in itself" and "never as a means only." In the course of her own treatment of commodification, Margaret Jane Radin observes that Kant's application of this formula "does not generate noncontroversial particular consequences." This is so, I argue, because Kant offers three different--and largely incompatible--interpretations of the formula. One focuses on (...) the obligation to preserve rational willing; the second stresses respect for human (physical) dignity and integrity; the third views respect for others as "ends in themselves" as primarily involving a willingness to govern one's conduct by a procedure of impartial co-legislation. Only the third of these interpretations, I conclude, offers a reasonable and coherent approach to moral judgment about the limits of commodification. (shrink)

This is a timely re-appraisal of feminist political thinkers and their male contemporaries, providing a re-evaluation of feminist humanism.

This paper contends that work in business ethics participates in two key aspects of the broad philosophical and aesthetic movement known as postmodernism. First, Iike postmodernists generally, business ethicists reject the “grand narratives” of historical and conceptual justification, especially the narratives embodied in Marxism and Mitton Friedman’s vision of unfettered capitalism. Second, both in the methods and content of their work, business ethicists share postmodernism’s “de-centering” of perspective and discovery of “otherness,” “difference” and marginality as valid modes of approach to (...) experience and moral decision. (shrink)

forthcoming in S. L. Tsohatzidis (ed.) John Searle’s Philosophy of Language: Force, Meaning and Mind (Cambridge).

Alston's perceptual account of mystical experience fails to show how it is that the sort of predicates that are used to describe God in these experiences could be derived from perception, even though the ascription of matched predicates in the natural order are not derived in the manner Alston has in mind. In contrast, if one looks to research on shared attention between individuals as mediated by mirror neurons, then one can give a perceptual account of mystical experience which draws (...) a tighter connection between what is reported in mystical reports and the most similar reports in the natural order. (shrink)

To be radical about pornography used to mean that one favored less censorship; now it often means that one favors more. That political change reflects a shift in the dominant paradigm of pornography and its putative evils. Until quite recently, most people who believed pornography wrong thought that it offended against decency and propriety and was therefore obscene. That was certainly the view of the law. English judges first created the crime of obscene libel in 1727 on the basis that (...) such expression tended to corrupt the morals of the King's subjects, a thought that inspired most subsequent legislation in the common‐law world. Sometimes the underlying concern really was paternalistic: pornography degrades and corrupts its producers and consumers; the law forces them to become better people. More often, however, it was just moralism of the familiar sorts: the view that a majority of a community is entitled to enforce its moral views on the rest, either because that is democratic or because that is just what it means to be a community. The obscenity paradigm thus had two features. First, it was illiberal: it ranked personal autonomy below realizing the good, enforcing the majority will, or embodying communitarian values. Second, it was gender neutral: to understand the nature of pornography did not require theorizing relations between men and women. On the obscenity paradigm, pornography was a matter of virtue versus vice, majorities versus minorities. (shrink)

Since their discovery, mirror neurons have played a critical role in the interdisciplinary debate over how we come to understand other people, a topic often labelled 'mind-reading'. The philosopher Alvin Goldman argues that mirror neurons provide critical evidence that we come to understand others by simulating them. In this paper, I demonstrate that mirror neurons should be thought of as facilitating the perception of persons but should not be thought of as simulators. Our basic understanding of others does not come (...) from thinking our way into their shoes but rather through seeing into their minds through their pattern behaviour. (shrink)

Contemporary legal philosophers have focussed their attention on two aspects of the general theory of authority: the issue of legitimacy and the issue of obligation . In John Finnis's work we have a powerful statement of the importance of a third issue: the problem of governance . This paper explores the nature of this duty, its foundations, and its relation to the other aspects of a theory of authority.

An approach to Derrida's différance from the perspective of analytic philosophy of language which attempts to show both how many of Derrida's insights are influenced by analytic philosophy of language and can be related to ideas found in Quine, Wittgenstein, and Dennett, but which ultimately concludes that the linguistic idealism that he promotes is incoherent.

In this paper I examine the meaning of physical touch as it occurs in the nurse–patient interaction. There are two aspects of the nurse–patient relationship that are found in most nurse–patient interactions which together have profound implications for nurses as practitioners and as individual human persons. The first is the clinical intimacy of the nurse–patient relationship where nurses touch, rub, smooth, clean, dress and otherwise physically interact with patients. The other is the existential crisis, the possibility of loss, suffering and (...) death that lurks at the horizon of most, if not all, healthcare encounters. Edmund Husserl, Merleau‐Ponty and more recently Robert Sokolowski argue that tactile sensations and resultant perceptions are fundamental to all sensory perception. Further, they argue that tactile sensation is fundamental for the ongoing constitution of ‘my’ self as a person and for the development and exercise of human intersubjectivity. If tactile interaction is crucial to the development of our very selves as persons and a significant aspect of our interaction with patients includes direct or observed tactile sensations and if further these sensations occur around the context of existential crises for our patients, then nurse's very selves as persons are being challenged by these interactions. Here, then I examine the philosophical argument for the role of tactile sensations in our human development and briefly look at contemporary neurophysiologic research that supports this philosophical account. I then suggest ways such physical intimacy can lead to a strengthening or weakening of the person of the nurse and the nursing interaction and end with some thoughts about ways to support nurses in these activities. (shrink)