If there is a constitutional right to R, and a law L by its terms prohibits R,L cannot be validly applied to some person P’s exercise of R. For at least two reasons, however, most cases involving claims of constitutional right are substantially more difficult than this schematic example. First, lawmakers rarely act so brashly as to proscribe rights in so many words. 1 Second, even facially invalid laws typically include within their sweep much unprotected activity. 2.

Prior to recent decades, the United States Supreme Court often invoked the political question doctrine to avoid deciding controversial questions of individual rights. 1 By the 1970s and 1980s, standing limits traced to Article IIIs arsenal of threshold decision making, 3 in the last decade the Court has turned with increasing frequency to the distinction between facial and as-applied challenges to perform the gatekeeping function. However, although there is a considerable body of scholarship concerning the conventional justiciability doctrines, scholars have (...) only recently begun to address the range of questions implicated by the Courtand they have generally focused on narrow doctrinal questions about the proper treatment of discrete rights such as abortion, free exercise of religion, and freedom of speech. The papers in this issue of LegalTheory and the next view these issues in a broader jurisprudential context. (shrink)

BioPortal is a Web portal that provides access to a library of biomedical ontologies and terminologies developed in OWL, RDF(S), OBO format, Protégé frames, and Rich Release Format. BioPortal functionality, driven by a service-oriented architecture, includes the ability to browse, search and visualize ontologies (Figure 1). The Web interface also facilitates community-based participation in the evaluation and evolution of ontology content.

In this book, law professors Sherry F. Colb and Michael C. Dorf argue that: -/- many non-human animals, at least vertebrates, are morally considerable and prima facie wrong to harm because they are sentient, i.e., conscious and capable of experiencing pains and pleasures; most aborted human fetuses are not sentient -- their brains and nervous systems are not yet developed enough for sentience -- and so the motivating moral concern for animals doesn't apply to most abortions[2]; later abortions (...) affecting sentient fetuses, while rare, raise serious moral concerns, but these abortions -- like all abortions -- invariably involve the interests and rights of the pregnant woman, which can make these abortions morally permissible. For a book claiming to explore the "connections" between debates about the two issues, just the summary from the book flap -- basically, what's above -- makes it appear that there really isn't much connection between the topics, at least at the core ethical level. Animals are sentient, early fetuses are not, and so the moral arguments about the two issues don't overlap or share premises. While the authors hope to use insights from one issue to shed light on the other, I find that differences in the issues limit these insights. (shrink)

This chapter argues that American public policy discussions should follow the Jewish model — which encourages open, frank, and even heated debate within an atmosphere of mutual respect. It further argues that religious views should be part of the American public discussion. This is a departure from a long-standing belief in a strong wall of separation between church and state.

Morals from Motives develops a virtue ethics inspired more by Hume and Hutcheson's moral sentimentalism than by recently-influential Aristotelianism. It argues that a reconfigured and expanded "morality of caring" can offer a general account of right and wrong action as well as social justice. Expanding the frontiers of ethics, it goes on to show how a motive-based "pure" virtue theory can also help us to understand the nature of human well-being and practical reason.

This book fills a gap in studies of meaning by providing detailed case studies of attested corpus data on the meanings of words and phrases.

The American Journal of Bioethics, Volume 12, Issue 7, Page 27-30, July 2012.

Theories of discourse bring to realism new ideas about how knowledge develops and how representations of reality are influenced. We gain an understanding of the conceptual aspect of social life and the processes by which meaning is produced. This collection reflects the growing interest realist critics have shown towards forms of discourse theory and deconstruction. The diverse range of contributions address such issues as the work of Derrida and deconstruction, discourse theory, Eurocentrism and poststructuralism. What unites all of the contributions (...) is a sense that it is essential to provide a realist alternative to the hitherto dominance of social constructionism, hermeneutics and postmodernism, over many of the issues discussed. By developing a realist perspective the different authors attempt to embed discourse within the structured nature of the reality of the world. Realism can situate language, discourse and ideology within context specific, or 'causally efficacious' circumstances. Realism can help to uncover issues of power, representation, and subjectivity and how discursive and other social practices produce real effects. This can help us understand the manner in which social structures are reproduced through various forms of ideology and discourse. And by knowing this, we can start to address questions concerning human emancipation and how the world is to be transformed. (shrink)

The definitive work on the philosophical nature and impact of the theories of Charles Darwin, written by a well-known authority on the history and philosophy of Darwinism. Broadly explores the theories of Charles Darwin and Darwin studies Incorporates much information about modern Biology Offers a comprehensive discussion of Darwinism and Christianity – including Creationism – by one of the leading authorities in the field Written in clear, concise, user-friendly language supplemented with quality illustrations Examines the status of evolutionary theory as (...) a genuine theory and its implications for philosophy, epistemology and ethics Provides a strong understanding of the philosophical nature and impact of Darwin's thought Holds wide appeal for general audiences outside the world of academic philosophy Strongly supports Darwinism and fully explores modern naturalistic explanations of religion. (shrink)

Michael Quante focuses on what Hegel has to say about such central concepts as action, person and will, and then brings these views to bear on contemporary debates in analytic philosophy. This book enables professional analytic philosophers and their students to understand the significance of Hegel's philosophy to contemporary theory of action. As such, it will contribute to the ever-increasing erosion of the barrier between the continental and analytic approaches to philosophy.

Divided into four parts, this treatise begins with well-known criticisms of nonreligious ethics and then develops an atheistic metaethics. In Part 2, Martin criticizes the Christian foundation of ethics, specifically the ’divine command theory’ and the idea of imitating the life of Jesus as the basis of Christian morality. Part 3 demonstrates that life can be meaningful in the absence of religious belief. Part 4 criticizes the theistic point of view in general terms as well as the specific Christian doctrines (...) of the atonement, salvation, and the resurrection. (publisher, edited). (shrink)

The first edition of The Scientific Background to Modern Philosophy took the dialogue of science and philosophy from Aristotle through to Newton. This second edition adds eight chapters, taking the dialogue through the Enlightenment and up to Darwin. This anthology is an attempt to help bridge the gap between the history of science and the history of philosophy.

The guiding inspiration of this book is the attraction and distance that mark the relation between anthropology and philosophy. This theme is explored through encounters between individual anthropologists and particular regions of philosophy. Several of the most basic concepts of the discipline—including notions of ethics, politics, temporality, self and other, and the nature of human life—are products of a dialogue, both implicit and explicit, between anthropology and philosophy. These philosophical undercurrents in anthropology also speak to the question of what it (...) is to experience our being in a world marked by radical difference and otherness. In The Ground Between, twelve leading anthropologists offer intimate reflections on the influence of particular philosophers on their way of seeing the world, and on what ethnography has taught them about philosophy. Ethnographies of the mundane and the everyday raise fundamental issues that the contributors grapple with in both their lives and their thinking. With directness and honesty, they relate particular philosophers to matters such as how to respond to the suffering of the other, how concepts arise in the give and take of everyday life, and how to be attuned to the world through the senses. Their essays challenge the idea that philosophy is solely the province of professional philosophers, and suggest that certain modalities of being in the world might be construed as ways of doing philosophy. Contributors. João Biehl, Steven C. Caton, Vincent Crapanzano, Veena Das, Didier Fassin, Michael M. J. Fischer, Ghassan Hage, Clara Han, Michael Jackson, Arthur Kleinman, Michael Puett, Bhrigupati Singh. (shrink)

The Oxford Handbook of Metaphysics offers the most authoritative and compelling guide to this diverse and fertile field of philosophy. Twenty-four of the world's most distinguished specialists provide brand-new essays about 'what there is': what kinds of things there are, and what relations hold among entities falling under various categories. They give the latest word on such topics as identity, modality, time, causation, persons and minds, freedom, and vagueness. The Handbook's unrivaled breadth and depth make it the definitive reference work (...) for students and academics across the philosophical spectrum. (shrink)

This thought provoking book uncovers a crisis in the political imagination, a wide-spread failure to provide the passionate sense of community "in which our need for belonging can be met." Seeking the answers to fundamental questions, Michael Ignatieff writes vividly both about ideas and about the people who tried to live by them—from Augustine to Bosch, from Rosseau to Simone Weil. Incisive and moving, The Needs of Strangers returns philosophy to its proper place, as a guide to the art (...) of being human. (shrink)

Eldred offers a remedy to the consequences of ancient Greek misconceptions of time that are also entrenched in today’s mathematized physics. Here time is spatialized as the one-dimensionally linear ‘arrow of time’ for the sake of predicting and controlling movement. But such spatialized time distorts the phenomenon of time itself. An alternative, hermeneutic-phenomenological path begins with a pre-spatial concept of time that is genuinely three-dimensional. This paves the way for recasting who we are as humans in belonging, first of all, (...) to the free openness of 3D-temporality. This belonging enables temporally 3D-vision of the psyche that empowers us to see movement at all and reconcile its inherent contradictoriness. We are then also able to conceive ourselves no longer merely as internally cogitating, self-conscious subjects, but as engaged existentially in temporally 3D-interplay, mutually estimating and esteeming who we are. This unpredictable interplay is constrained, however, by being played out in the sociating medium of thingified value, the accumulative movement of thingified value having gained the upper hand in dictating our life-movements as well as our interplay with the earth. (shrink)

Der private, sehr gefahrdete Bucherbestand Friedrich Nietzsches gilt als ein besonders interessantes Beispiel einer Schriftstellerbibliothek des 19. Jahrhunderts.

This wide-ranging book reconstructs this debate and places within their contemporary contexts the rival claims concerning the nature of the cosmos and the ...

We ordinarily suppose that there is a difference between having and failing to exercise a rational capacity on the one hand, and lacking a rational capacity altogether on the other. This is crucial for our allocations of responsibility. Someone who has but fails to exercise a capacity is responsible for their failure to exercise their capacity, whereas someone who lacks a capacity altogether is not. However, as Gary Watson pointed out in his seminal essay ’Skepticism about Weakness of Will’, the (...) idea of an unexercised capacity is much more difficult to make sense of than it initially appears. The aim of ’Rational Capacities’ is to provide the needed explication of this idea. (shrink)

This will be the best way of explaining ‘Paris is the lover of Helen’, that is, ‘Paris loves, and by that very fact [et eo ipso] Helen is loved’. Here, therefore, two propositions have been brought together and abbreviated as one. Or, ‘Paris is a lover, and by that very fact Helen is a loved one’.

Scientific understanding, this paper argues, can be analyzed entirely in terms of a mental act of “grasping” and a notion of explanation. To understand why a phenomenon occurs is to grasp a correct explanation of the phenomenon. To understand a scientific theory is to be able to construct, or at least to grasp, a range of potential explanations in which that theory accounts for other phenomena. There is no route to scientific understanding, then, that does not go by way of (...) scientific explanation. (shrink)

This collection of essays by one of the most prominent and internationally respected philosophers of action theory is concerned with deepening our understanding of the notion of intention. In Bratman's view, when we settle on a plan for action we are committing ourselves to future conduct in ways that help support important forms of coordination and organization both within the life of the agent and interpersonally. These essays enrich that account of commitment involved in intending, and explore its implications for (...) our understanding of temptation and self-control, shared intention and shared cooperative activity, and moral responsibility. The essays offer extensive discussions of related views by, among others, Donald Davidson, Hector-Neri Castañeda, Christine Korsgaard, Harry Frankfurt, and P. F. Strawson. This collection will be a valuable resource for a wide range of philosophers and their students. (shrink)

Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism is founded (...) on a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read. (shrink)

When contrasted with "Continental" philosophy, analytical philosophy is often called "Anglo-American." Dummett argues that "Anglo-Austrian" would be a more accurate label. By re-examining the similar origins of the two traditions, we can come to understand why they later diverged so widely, and thus take the first step toward reconciliation.

Virtually all philosophers agree that for a belief to be epistemically justified, it must satisfy certain conditions. Perhaps it must be supported by evidence. Or perhaps it must be reliably formed. Or perhaps there are some other "good-making" features it must have. But does a belief's justification also require some sort of awareness of its good-making features? The answer to this question has been hotly contested in contemporary epistemology, creating a deep divide among its practitioners. Internalists, who tend to focus (...) on scientific or theoretical beliefs as the ideal, insist that such awareness is required for justification. Externalists, who think children's ordinary beliefs in obvious facts are paradigm cases of justified belief, say it isn't required. Michael Bergmann's book offers a decisive refutation of internalism and a sustained defense of externalism. (shrink)

Completely revised and updated in its Second Edition, Language and Reality provides students, philosophers and cognitive scientists with a lucid and provocative introduction to the philosophy of language.

Bringing together ethnographic exposition with philosophical concepts and arguments and effectively transcending subdisciplinary boundaries between cultural and ...

This article characterizes the varieties of four - dimensionalism and provides a critical overview of the main arguments in support of it.

Naturphilosophie und Metaphysik scheinen zwei unterschiedliche, ja, sich ausschließende philosophische Ansätze zu sein. Bestimmt man aber Naturphilosophie als Metaphysik der Natur im Sinne des Projekts, im Ausgang von den naturwissenschaftlichen Erkenntnissen zu einer kohärenten und vollständigen Sicht der Welt zu gelangen, ergibt sich eine neue und überraschende Konstellation. Die Bezugnahme auf die Naturwissenschaften verleiht der Metaphysik einerseits die Berechtigung dazu, revisionär zu sein, das heißt, Erkenntnisansprüche, die aus dem alltäglichen Weltverständnis stammen, zu revidieren. Andererseits ist eine solche Metaphysik ebenso hypothetisch (...) wie die Wissenschaften selbst. Michael Esfeld zeigt zunächst, wie man in diesem Rahmen einen wissenschaftlichen Realismus vertreten kann, und begründet dann so umstrittene Thesen wie die eines vierdimensionalen Blockuniversums mit Ereignissen und Prozessen statt Substanzen oder die eines naturphilosophischen Holismus und Strukturenrealismus statt eines Atomismus und rehabilitiert die Idee notwendiger Verbindungen in der Natur. (shrink)

Michael Davis, a leading figure in the study of professional ethics, offers here both a compelling exploration of engineering ethics and a philosophical analysis of engineering as a profession. After putting engineering in historical perspective, Davis turns to the Challenger space shuttle disaster to consider the complex relationship between engineering ideals and contemporary engineering practice. Here, Davis examines how social organization and technical requirements define how engineers should (and presumably do) think. Later chapters test his analysis of engineering judgement (...) and autonomy empirically, engaging a range of social science research including a study of how engineers and managers work together in ten different companies. (shrink)

How can metaphors account for the formation of mathematical concepts, for changes in mathematical practices, or for the handling of mathematical problems? Following Hans Blumenberg’s thought, this paper aims to unfold a possible answer to these questions by viewing the metaphorical frameworks accompanying these changes as essential for an understanding of how changes in mathematical practices have been accounted for. I will focus especially on cases in which these changes were caused by encounters with a mathematical object which did not (...) yet have a well-defined concept, but also show that such indeterminacy remains with the mathematical concept even after it is considered ‘well-defined’. As the paper will show, this ‘forefield’ [Vorfeld] of the concept is addressed by Blumenberg’s account of metaphorology on the one hand, and accompanied by his later account of nonconceptuality [Unbegrifflichkeit] on the other hand. While Blumenberg himself did not develop a full-fledged philosophy of mathematics or of mathematical practices, I aim to show that one can nevertheless extract from his writings a unique position concerning the role metaphors play in mathematics. To this end, Blumenberg’s account of nautical and oceanic metaphors and Alexandre Grothendieck’s philosophy of mathematical practice provide fruitful starting points. (shrink)

This paper defends a theory of hope according to which hopes are composed of a desire and a belief that the object of the desire is possible. Although belief plus desire theories of hope are now widely rejected, this is due to important oversights. One is a failure to recognize the relation that hope-constituting desires and beliefs must stand in to constitute a hope. A second is an oversimplification of the explanatory power of hope-constituting desires. The final portion of the (...) paper uses an enhanced understanding of the psychology of hope to make progress on normative questions about hoping well. (shrink)

This new book by Michael Slote argues that Western philosophy on the whole has overemphasized rational control and autonomy at the expense of the important countervailing value and virtue of receptivity. Recently the ideas of caring and empathy have received a great deal of philosophical and public attention, but both these notions rest on the deeper and broader value of receptivity, and in From Enlightenment to Receptivity, Slote seeks to show that we need to focus more on receptivity if (...) we are to attain a more balanced sense and understanding of what is important to us. -/- Beginning with a critique of Enlightenment thinking that calls into question its denial of any central role to considerations of emotion and empathy, he goes on to show how a greater emphasis on these factors and on the receptivity that underlies them can give us a more realistic, balanced, and sensitive understanding of our core ethical and epistemological values. This means rejecting post-modernism's blanket rejection of reason and of compelling real values and recognizing, rather, that receptivity should play a major role in how we lead our lives as individuals, in how we relate to nature, in how we acquire knowledge about the world, and in how we relate morally and politically with others. (shrink)

According to a historically popular view, emotions are normative experiences that ground moral knowledge much as perceptual experiences ground empirical knowledge. Given the analogy it draws between emotion and perception, sentimental perceptualism constitutes a promising, naturalist-friendly alternative to classical rationalist accounts of moral knowledge. In this paper, we consider an important but underappreciated objection to the view, namely that in contrast with perception, emotions depend for their occurrence on prior representational states, with the result that emotions cannot give perceptual-like access (...) to normative properties. We argue that underlying this objection are several specific problems, rooted in the different types of mental states to which emotions may respond, that the sentimental perceptualist must tackle for her view to be successful. We argue, moreover, that the problems can be answered by filling out the theory with several independently motivated yet highly controversial commitments, which we carefully catalogue. The plausibility of sentimental perceptualism, as a result, hinges on further claims sentimental perceptualists should not ignore. (shrink)

This paper offers a qualified defense of a historically popular view that I call sentimental perceptualism. At a first pass, sentimental perceptualism says that emotions play a role in grounding evaluative knowledge analogous to the role perceptions play in grounding empirical knowledge. Recently, András Szigeti and Michael Brady have independently developed an important set of objections to this theory. The objections have a common structure: they begin by conceding that emotions have some important epistemic role to play, but then (...) go on to argue that understanding how emotions play that role means that there must be some alternative, emotion-independent route to obtaining knowledge of value. If there has to be such an emotion-independent route, then the perceptual analogy breaks down in a significant way. In this paper, I argue that the right ways for sentimental perceptualists to respond to each of these objections are revealed by thinking through how analogous objections applied to perception and the empirical domain would be answered. Although Szigeti's and Brady's objections should not persuade sentimental perceptualists to give up their view, the objections do put important constraints on what a form of the view has to be like in order to do exciting metaethical work. (shrink)

This book not only sets the historical record straight but also champions the Herderian tradition for its philosophical depth and breadth.