Exploring the philosophical foundations of discrimination law as it exists in several jurisdictions, this collection of all new essays bridges the gap between abstract philosophical work on justice and fairness and legal work on specific types of discrimination.

Argues that the central cognitive component of ethical virtue for Aristotle is awareness of the value of particulars.

Clinical research employing the randomized clinical trial has, traditionally, been understood to pose an ethical dilemma. On the one hand, each patient ought to get the treatment that best meets her needs, as judged by the patient in consultation with her doctor. On the other hand, the method most helpful to advancing our understanding about what treatments are indeed best able to meet patient needs is the randomized trial, which necessitates that each patient's care is decided not by physician judgment (...) or patient choice but instead by random assignment. The tension can be described as a conflict between the interests of individual patients who are sick today, and the interests of the group of people who will become sick in the future and would benefit from advances in medical understanding. How one ought to balance these important and often competing interests is an important ethical question that resists easy resolution. (shrink)

Willful blindness is not an appropriate substitute for knowledge in crimes that require a mens rea of knowledge because an actor who contrives his own ignorance is only sometimes as culpable as a knowing actor. This paper begins with the assumption that the classic willfully blind actor—the drug courier—is culpable. If so, any plausible account of willful blindness must provide criteria that find this actor culpable. This paper then offers two limiting cases: a criminal defense lawyer defending a client he (...) suspects of perjury and a pain doctor who suspects his patient may be lying about her pain. The paper argues that each of these actors is justified in cultivating ignorance about his client’s or patient’s truthfulness. If this is right, then a good theory of willful blindness must distinguish these cases. The article argues that neither Husak & Callender’s motivation-based account of willful blindness nor the recklessness account is able to do so. The paper proposes the following alternative: contrived ignorance constitutes culpable blindness when the decision to remain blind or to cultivate blindness is not itself justified. This Justification approach meshes with our intuitions about willfully blind drug couriers as well as willfully blind lawyers and doctors. (shrink)

Rehabilitating some of Bakhtin's neglected ideas and reframing him as a philosopher of aesthetics, Bakhtin Reframed will be essential reading for the huge community of Bakhtin scholars as well as students and practitioners of visual culture ...

Research in animal behavior begins by identifying what animals are doing. In the course of observation, the observer comes to see animals as performing a particular activity. How does this process work? How cn we be certain that behavior is identified correctly? Wittgenstein offers an approach to these questions. looking at the uses of certainly rather than attempting to find rules that guarantee it. Here two stages in research are distinguished: first, watching animals, and second, reporting the results to other (...) scientists. Certainly about what animals are doing, has different uses at each stage. (shrink)

The deontic model of justice and ethical behavior proposes that people care about justice simply for the sake of justice. This is an important consideration for business ethics because it implies that justice and ethical behavior are naturally occurring phenomenaindependent of system controls or individual self-interest. To date, research on the deontic model and third-party reactions to injustice has focused primarily on individuals’ tendency to punish transgressors. This research has revealed that witnesses to injustice will consider sacrificing their own resources (...) if it is the only way to sanction an observed transgressor. In this paper we seek to extend this model by arguing that punishment may not be the only “deontic” reaction, and that in fact, third-party observers of injustice may engage in moral self-regulation that would lead them to conclude that the most ethical response is to do nothing. We provide preliminary evidence for our propositions using voiced cognitions data collected during a resource allocation task. Results indicate that deonance may be more complex than originally thought, and previous tests of the model conservative in nature. (shrink)

This volume rethinks the relations between form and forms of communication, calling for a new logic of representation; it examines the manner in which ...

There are two reasons, I claim, scientists do and should ignore standard philosophical theories of objective evidence: Such theories propose concepts that are far too weak to give scientists what they want from evidence, viz., a good reason to believe a hypothesis; and They provide concepts that make the evidential relationship a priori, whereas typically establishing an evidential claim requires empirical investigation.

The bias paradox emerges out of a tension between objectivism and relativism.If one rejects a certain the conception objectivity as absolute impartiality and value-neutrality (i.e., if all views are biased), how, then, can one hold that some epistemic perspectives are better than others? This is a problem that has been most explicitly dealt with in feminist epistemology, but it is not unique to feminist perspectives. In this paper, I wish to clearly lay out the nature of the paradox and the (...) various attempts to avoid it. I also intend to show why it is a problem for any epistemological view that rejects absolute objectivity. Finally, I wish to briefly outline a possible solution to the paradox, a solution that requires recognizing that rationality necessarily requires both objective and subjective elements. (shrink)

The Zhuangzi is one of the richest early Chinese sources for exploring conceptualizations of the visceral human form. Zhuangzi presents the human frame as a corpus of flesh, organs, limbs, and bone; he dissects it before the reader's eyes, turning it inside out and joyfully displaying its fragmented joints, sundered limbs, and beautifully monstrous mutations. This body is a site of immolation and fragmentation that ultimately evokes a larger wholeness and completeness. Drawing and quartering the body, Zhuangzi paradoxically frees it (...) from ordinary mortality. -/- Sommer explores the fields of meaning of different terms for the human body found in the Zhuangzi: the body might appear there as a gong body 躬, a sanctimonious ritualized body; as a shen body 身, a site of familial and social personhood; or as a ti body 體, a complex, multilayered corpus of multiple parts, each of which is consubstantial with the whole. Most commonly, however, the body in the Zhuangzi is the xing 形, an elemental or structural form. Zhuangzi enlivens and develops the xing form in ways that are not seen in other early Chinese texts. He mutilates and mutates it such that boundaries between form and formlessness disappear, and the physical frame becomes incorporated into a larger common body that includes all of life and death. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 37.3 (2003) 78-98 [Access article in PDF] Aesthetic Understanding as Informed Experience:The Role of Knowledge in Our Art Viewing Experiences Richard Lachapelle, Deborah Murray, and Sandy Neim [Figures] Thinking calls for images, and images contain thought. Therefore, the visual arts are a homeground of visual thinking. 1A common misconception about the nature of art and of aesthetic appreciation is that these activities are (...) essentially a question of "feeling," as if tuning in to the right feeling will automatically lead to a full understanding of the work of art. Another widespread misunderstanding essentially reduces art viewing to a simple question of perception, as if looking long and hard isalways enough to apprehend the work of art's message. Fortunately, a growing body of research into adults' art viewing experiences is debunking these widely held beliefs as oversimplifications of the art viewing process. We can now assert, with a good degree of certainty, that our art viewing experiences solicit four key areas: the affective, perceptual, communicative, and cognitive dimensions of human experiencing. 2 Therefore, we would be hard-pressed not to agree with Rudolph Arnheim's reflections, presented above, on the important role of thought in shaping our artistic and aesthetic experiences.While acknowledging at the outset the essential roles of affect, perception, and communication in our art viewing experiences, this paper focuses more specifically on aspects of the intellectual dimension of this experience. First, we will present and discuss a model that we have developed over the last several years. This model identifies the kinds of knowledge and learning involved in art viewing activities. Second, we will present the results of an empirical study conducted to provide support for the model. Finally we will briefly discuss the model's usefulness for the purposes of aesthetic education. [End Page 78] The Model of Aesthetic Understanding as Informed Experience The Model of Aesthetic Understanding as Informed Experience provides an explanation of the process of understanding and appreciating a work of art from an educational perspective: it identifies the types of knowledge involved and it also pinpoints the kinds of learning at each stage in the process leading to an understanding of the aesthetic object.In this model, the process of viewing and understanding a work of art is visualized as a two-phased type of informed experience. Through a process of experiential learning, the viewer first encounters the work of art and formulates an initial interpretation. Then, through a process involving theoretical learning, the viewer compares his or her first interpretation with a related body of external, scientific information. This second step in the learning process leads to a reconstruction of knowledge about the work of art. Tandem use of the two processes assists the viewer in furthering his or her understanding of the art object; it also promotes growth in his or her art viewing skills. In the course of each new encounter with an aesthetic object, the interplay of experiential and theoretical learning leads to additional development of the viewer's background knowledge in art, resulting in better preparedness to successfully engage the next work of art. 4 Theoretical Foundations of the Model Three different theories informed the development of the model. 5 By using anecdotal evidence obtained from a group of fifty-two museum professionals, Mihaly Csikszentmihalyi and Rick E.Robinson were able to identify the four major dimensions of aesthetic experience: intellect, communication, perception, and emotion. Each one of these dimensions constitutes, to some extent, a challenge that the work of art addresses to the viewer. According to these researchers, the intellectual dimension of aesthetic experience consists of all aspects of the viewer's attempts to use knowledge in order to find meaning in the work of art (TAS, 27-71). Csikszentmihalyi and Robinson also propose a model that describes the aesthetic encounter in terms of an interaction between the viewer, the work of art, and the artist. To this encounter, the viewer brings his skills in aesthetic appreciation; these may be... (shrink)

In recent years, health warnings on tobacco products have become compulsory through legislation introduced by the Australian government. This approach shows a lack of concern for tobacco consumers while allowing government to abdicate responsibility without jeopardising profit. The decision to warn people of inevitable addiction and disease fails to recognise previous research into adolescent attraction to deviance and the role of suggestion in cure and illness. The Australian government makes millions of dollars each year by taxing tobacco products—as long as (...) these profits continue to be directed almost exclusively into consolidated revenue, smokers will remain victims of a system unconcerned with exploitation. (shrink)

Beyond “A Lecture on Ethics,” Wittgenstein says little on the topic of ethics, despite professing a great respect for ethics. I argue that while Wittgenstein ceases to speak of ethics, his account fits equally within his Tractarian and post-Tractarian writing. On both accounts of language, ethics remains nonsense, but it is not insignificant nonsense. However, because Wittgenstein holds ethics to concern absolute values that are in principle inexpressible, his anti-theoretical conception of ethics fails to offer guidance in how one ought (...) to live. That is, ethics ultimately cannot be show unless it can, in some sense, be said. (shrink)

Feminist philosophy is highly critical of Cartesian, and more broadly Enlightenment, conceptions of rationality. However, feminist philosophers typically fail to address contemporary theories of rationality and to consider how more current thoeories address feminist concerns. I argue that, contrary to their protestations, feminists are “obsessing over an outdated conception of reason” and that even the most suspect of “malestream” philosophers express an understanding of rationality that is closer to feminist concerns than Cartesian ones. I begin by briefly examining key features (...) of Cartesian rationality and discuss how these features are largely rejected by contemporary philosophy and cognitve science. I then discuss how the philosophical accounts of Robert Nozick and Robert Audi refelect this rejection of Cartesian rationality. Finally, I discuss how the views of Nozick and Audi are in line with many feminist concerns, and I argue that feminists need to take seriously some theory of rationality. (shrink)

Although feminists have spilled a great deal of ink criticizing Enlightenment conceptions of rationality, the time has come to consider constructing a positive account. Recent attempts to construct an account of rationality as a virtue concept reflect many feminist complaints concerning Enlightenment rationality, and, thus, I maintain that feminism should take seriously such a conception. Virtue rationality offers a more diverse account of rationality without sacrificing the fundamental normativity of the concept. Furthermore, the narrower concept of reasonableness, promises to provide (...) a ground for distinguishing among better and worse epistemic perspectives, which is a task critical to the success of the feminist project. (shrink)

The ji 己self is a site, storehouse, or depot of individuated allotment associated with the possession of things and qualities: wholesome and unwholesome desires (yu 欲) and aversions, emotions such as anxiety, and positive values such as humaneness and reverence. Each person's allotment is unique, and its "contents" are collected, measured, reflected on, and then distributed to others. The Analects, Mencius, Xunzi, Daodejing, and Zhuangzi each have their own vision for negotiating the space between self and other. Works as seemingly (...) dissimilar as the Analects and Daodejing both agree that positive qualities located within the self should be shared with others, and that the self can be optimized rather than maximized through sharing, emptying, or clearing. Sommer compares the ji self with other terms for body and person current in classical times. This self is strongly individuated, but it exists primarily in relation to other human beings (ren 人 ). These "others" are almost never one's own kind and are usually people who fall outside one's ascribed familial and social relationships. Negotiations between self and other often reflect apprehension regarding degrees of distance, intimacy, worth, recognition, or understanding (zhi 知) between people. (shrink)

"Cognitive Architecture" asks how evolving modalities--from bio-politics to "noo-politics"--can be mapped upon the city under contemporary conditions of urbanization and globalization. Noo-politics, most broadly understood as the power exerted over the life of the mind, reconfigures perception, memory and attention, and also implicates potential ways and means by which neurobiological architecture is undergoing reconfiguration. This volume, motivated by theories such as 'cognitive capitalism' and concepts such as 'neural plasticity, ' shows how architecture and urban processes and products commingle to form (...) complex systems that produce novel forms of networks that empower the imagination and constitute the cultural landscape. This volume rethinks the relations between form and forms of communication, calling for a new logic of representation; it examines the manner in which information, with its non-hierarchical and distributed format is contributing both to the sculpting of brain and production of mind. "Cognitive Architecture" brings together renowned specialists in the areas of political and aesthetic philosophy, neuroscience, socio-cultural and architecture theory, visual and spatial theorists and practitioners. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Blue Pearl: The Efficacy of Teaching Mindfulness Practices to College StudentsDeborah J. Haynes, Katie Irvine, and Mindy BridgesBetween fall 2003 and spring 2011 I integrated contemplative practices into ten courses with a total of 877 students. Nine of these courses carried credit for the core undergraduate curriculum, either in literature and arts or ideals and values, and students elected my courses from a menu of options. Individual courses (...) ranged from 12 to 409 students. During two of these years, I conducted detailed human subject research using a number of surveys, gathering both quantitative and qualitative data with first-year undergraduates on their experiences with contemplative pedagogy. These courses dealt specifically with art and religion, focusing on traditions where the visual arts are intricately connected to religious practice. I gathered more subjective data in all of the other courses, including large lecture courses on world art from 1500 to the present. In general, my students were not majors in art or religious studies, but came from many disciplines within the arts, social sciences, and sciences, including business and engineering. This essay describes the process and results of the research I conducted with two undergraduate assistants, Katie Irvine and Mindy Bridges. Besides summarizing the findings, I also describe student responses to teaching a specific mindfulness practice—the bow—within a large lecture course with undergraduates. It is notable how little actual data exists about student experiences, and this prompted me to undertake the research that forms the basis for this essay.1I begin with a few comments on my understanding of contemplative or mindfulness practice and my role as researcher. There is no single way to describe or engage in contemplative practice. The Latin contemplari means to observe, consider, or gaze attentively. This definition gives clues about the varied forms of contemplative practice, which include sitting, standing, walking, and lying down; using attitudes of not doing; deep listening, pondering, and radical questioning; guided imagery and active imagination; exercises with the body; focusing techniques such as those developed by Eugene Gendlin; concentrated language experiments with freewriting, poetry, and journals; beholding; and creation of visual images to represent such experiences.2 The [End Page 63] word mindfulness is often used to describe contemplative practice. In its most basic form, it means moment-by-moment present awareness, which is available to everyone, regardless of religious or spiritual orientation.Broadly understood as methods to develop concentration, to deepen understanding and insight, and to cultivate awareness and compassion, these practices can have a profound impact on a student’s experience both in college and beyond. Specifically, teaching students techniques of awareness, concentration, and means of disciplining their attention is absolutely essential in our era of fragmentation, ever-increasing speed, multitasking, and continuously interrupted attention. While contemplative practices are rooted in the world’s religious traditions, I often tell parents and students that the application of these practices in a secular educational context can enhance the educational experience in unique ways. Students develop new techniques of awareness, they learn to refine their perceptual and observational skills, and they are encouraged to take chances and to foster attitudes such as curiosity and wonder rather than cynicism about the world in which we live.Contemplative PedagogyIntroducing contemplative practices into the classroom results in new educational practices and pedagogies. For example, in a course titled The Dialogue of Art and Religion my students learn about Russian Orthodox icons, Himalayan Buddhist thangkas, and Navajo sand paintings through studying cultural and social history, religion, formal visual analysis, and creative processes. I define this interdisciplinary teaching as a form of comparative visual studies. I normally teach this class to eighteen or twenty first-year college students. Students also learn about the practices of prayer and meditation that are central to Christian, Buddhist, and Native American traditions through sustained reading and discussion. They read accessible books about contemplative practice such as Thich Nhat Hanh’s The Miracle of Mindfulness.3 In each class, we practice simple techniques such as bowing, sitting in silence, breath awareness, and daily writing exercises.Over the past decade my students have talked about how these mindfulness exercises help to foster an atmosphere of respect, noting... (shrink)

The history of philosophy is in many ways a history of how we understand rationality. However, philosophers have historically adopted a fairly narrow approach toward rationality, focusing almost exclusively on issues of structure and the justification of beliefs. In this essay, I argue that considerations of reflective equilibrium should lead philosophers to take into account the empirical features of rationality. After all, our philosophical understanding of rationality must ultimately reflect these features or risk failure. I consider what specific lessons philosophers (...) might take from anthropology and psychology. Anthropology highlights cultural features of rationality which philosophers have tended to overlook, while psychology indicates that philosophers may be correct in emphasizing the importance of the self. Including such wider empirical considerations in their reflections, philosophers are forced to consider our more ordinary use of the concept of rationality, which often looks far different and requires a broader characterization than philosophical analysis allows. Shifting the focus in these ways allows us to re-focus what questions philosophy can ask about the nature of rationality. (shrink)

Human cognition is often taken to be a rule-governed system of representations that serve to guide our beliefs about our actions in the world around us. This view, though, has two problems: it must explain how the conceptually governed contents of the mind can be about objects that exist in a non-conceptual world, and it must explain how the non-conceptual world serves as a constraint on belief. I argue that the solution to these problems is to recognize that cognition has (...) both empirical and apriori elements. While neither approach can function in isolation from the other, the empirical approach resolves the first of these problems while apriori structures of rational cognition overcome the second. Taken together, these two views offer a promising solution to the two problems of mental content. (shrink)

Feminist philosophers are often concerned with rejecting Cartesian notions of objectivity which eliminate all subjectivity on the part of knowers. However, this rejection of a notion of pure (non-subjective) neutrality has led the dilemma that Louise Antony calls the “bias paradox” (Antony 1993, 188-90). At the heart of this paradox lies the seeming choice between objectivism and relativism. It has two fundamental commitments that clearly focus this dilemma: (1) the explicit rejection of the concept of impartial objectivity and (2) the (...) desire to assert the reality of women’s oppression. The problem is that in the absence of impartiality (at least as an ideal), there appears to be a lack of principled, normative criteria for evaluating beliefs across differing epistemic perspectives. While this tension is dealt with most straightforwardly in discussions of naturalized feminist epistemology and feminist philosophy of science, the bias paradox, nonetheless, is not merely a problem for feminists. Any view that rejects the Cartesian ideals of pure objectivity and value-neutrality will ultimately be forced to confront the dilemma that seemingly results from the paradox; namely, to either endorse pure impartiality or accept an “anything goes” relativism. (shrink)

This paper discusses the role of the expert in giving advice to policy makers. It argues that, since biotechnology is an area characterised by value conflicts and fragile public trust in scientific experts and authorities, broader consultation processes which include both ethicists and laypeople should be conducted.“Expertise, it may be argued, sacrifices the insight of common sense to intensity of experience… The expert fails to realise that every judgement he makes not purely factual in nature brings with it a scheme (...) of values which has no special validity about it” (Laski, 1930). (shrink)

In what precedes, I have argued that Aristotle does not, in his ethics, commit three metaphysical errors sometimes imputed to him: he does not define the good as a fact; he does not claim that human beings move by nature towards their telos; he does not claim, in the ergon argument, that human beings are fixed rather than versatile. Instead, I have shown, he does the opposite in each case: he argues that the good cannot be defined as a fact; (...) he claims that human beings move towards their telos only if they have virtue and virtue is not by nature; he locates, in the human ergon, that which is responsible for human versatility. Finally, I have shown by example that the metaphysical commitments of Aristotle's account of human happiness are not as controversial as they seem.If all of this is true, then perhaps the disorder that has existed in ethics since the enlightenment has been misdiagnosed. Perhaps it is not due to an unhappy choice between end-neutral emotivism on the one hand and Aristotle's bad metaphysics on the other. Perhaps instead it is due, at least in part, to a too hasty rejection of Aristotle's ethics on the grounds of a rejection of his biology. (shrink)

The social construction of the individual is a central theme in critical social theory. Theodor W. Adorno and Michel Foucault address this theme throughout their work, offering important insights into individual identity and autonomy in the West. For Adorno, of course, individuation can be fully understood only with the aid of Freudian theory. However, since Foucault often criticized psychoanalysis, the paper will begin by comparing Adorno’s and Foucault’s positions on Freud’s theories of instinct and repression. Following this discussion, I shall (...) examine Adorno’s and Foucault’s distinct views on domination, comparing individuation as an effect of exchange relations in Adorno and of power relations in Foucault. This comparison will issue in a consideration of precisely what is being shaped into an individual. The final section of the paper will draw conclusions about the central features of individuation, while broaching the problem of whether power relations and exchange relations are now so powerful that resistance to them is effectively futile. (shrink)

What is science, and what is it not? Is falsifiability the key to drawing this line? How and why does science work? Should we worry whether science is talking about a "real" world? And should we stop thinking there is a single thing we can call "the scientific method"? With Deborah Mayo, Robert Rynasiewicz, and Drew Arrowood.