As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

The differences between critics and proponents of enhancement technologies are easily overblown. Both sides of this debate share the moral ideal of being “authentic” to oneself. They differ in how they prefer to understand authenticity, but even this difference is not as stark as it sometimes seems.

Section 1 contains a survey of options in constructing a formal system of dialogue rules. The distinction between material and formal systems is discussed (section 1.1). It is stressed that the material systems are, in several senses, formal as well. In section 1.2 variants as to language form (choices of logical constants and logical rules) are pointed out. Section 1.3 is concerned with options as to initial positions and the permissibility of attacks on elementary statements. The problem of ending a (...) dialogue, and of infinite dialogues, is treated in section 1.4. Other options, e.g., as to the number of attacks allowed with respect to each statement, are listed in section 1.5. Section 1.6 explains the concept of a chain of arguments.From section 2 onward four types of dialectic systems are picked out for closer study: D, E, Di and Ei. After a preliminary section on dialogue sequents and winning strategies, the equivalence of derivability in intuitionistic logic and the existence of a winning strategy (for the Proponent) on the strength of Ei is shown by simple inductive proofs. (shrink)

The standard way of representing an epistemic state in formal philosophy is in terms of a set of sentences, corresponding to the agent’s beliefs, and an ordering of those sentences, reflecting how well entrenched they are in the agent’s epistemic state. We argue that this wide-spread representational view – a view that we identify as a “Quinean dogma” – is incapable of making certain crucial distinctions. We propose, as a remedy, that any adequate representation of epistemic states must also include (...) the agent’s research agenda, i.e., the list of question that are open or closed at any given point in time. If the argument of the paper is sound, a person’s questions and practical interests, on the one hand, and her beliefs and theoretical values, on the other, are more tightly interwoven than has previously been assumed to be the case in formal epistemology. (shrink)

REC, or the radical enactive/embodied view of cognition makes a crucial distinction between basic and content-involving cognition. This paper clarifies REC’s views on basic and content-involving cognition, and their relation by replying to a recent criticism claiming that REC is refuted by evidence on affordance perception. It shows how a correct understanding of how basic and contentless cognition relate allows to see how REC can accommodate this evidence, and thus can afford affordance perception.

The situationally disqualifying ad hominem attack is an argumentative move in critical dialogue whereby one participant points out certain features in his adversary's personal situation that are claimed to make it inappropriate for this adversary to take a particular point of view, to argue in a particular way, or to launch certain criticisms. In this paper, we discuss some examples of this way of arguing. Other types of ad hominem argumentation are discussed as well and compared with the situationally disqualifying (...) type. The socalled Houtlosser Dilemma highlights the danger of unconditionally condoning ad hominem arguments. We propose a classification of ad hominem, and a more restrictive use of the term 'circumstantial'. Finally, we discuss whether ad hominem arguments are (always?) to be rejected as fallacious. (shrink)

How could neural processes be associated with phenomenal consciousness? We present a way to answer this question by taking the counterintuitive stance that the sensory feel of an experience is not a thing that happens to us, but a thing we do: a skill we exercise. By additionally noting that sensory systems possess two important, objectively measurable properties, corporality and alerting capacity, we are able to explain why sensory experience possesses a sensory feel, but thinking and other mental processes do (...) not. We are additionally able to explain why different sensory feels differ in the way they do. (shrink)

This article redescribes early modern European defenses of private property in terms of a theoretical project of seeking to establish the true or essential nature of property. Most of the scholarly literature has focused on the historical and normative issues relating to the various accounts of original acquisition around which these defenses were organized. However, in my redescription, these so-called “original acquisition stories” appear as methodological devices for an analytic reduction and resolution of property into its fundamental elements and axioms. (...) Through these stories, property is “created” in the form of the classical liberal paradigm of presumptively exclusive, private ownership of material things. The problem is that this project of “creation” is also a project which arbitrarily excludes or marginalizes other forms and systems of property, and especially usufructuary forms of common property. After critically explicating this early modern project of creation, I go on to argue that the classical liberal paradigm and its problems continue to inform property theory and discourse in the late modern era. (shrink)

There is an emerging consensus in the literature on probabilistic coherence that such coherence cannot be truth conducive unless the information sources providing the cohering information are individually credible and collectively independent. Furthermore, coherence can at best be truth conducive in a ceteris paribus sense. Bovens and Hartmann have argued that there cannot be any measure of coherence that is truth conducive even in this very weak sense. In this paper, I give an alternative impossibility proof. I provide a relatively (...) detailed comparison of the two results, which turn out to be logically unrelated, and argue that my result answers a question raised by Bovens and Hartmann’s study. Finally, I discuss the epistemological ramifications of these findings and try to make plausible that a shift to an explanatory framework such as Thagard’s is unlikely to turn the impossibility into a possibility. (shrink)

Some authors argue that we have a moral obligation to leave Mars the way it is, even if it does not harbour any life. This claim is usually based on an assumption that Mars has intrinsic value. The problem with this concept is that different authors use it differently. In this chapter, I investigate different ways in which an uninhabited Mars is said to have intrinsic value. First, I investigate whether the planet can have moral standing. I find that this (...) is not a plausible assumption. I then investigate different combinations of objective value and end value. I find that there is no way we can know whether an uninhabited Mars has objective end value and even if it does, this does not seem to imply any moral obligations on us. I then investigate whether an uninhabited Mars can have subjective end value. I conclude that this is very plausible. I also investigate whether an uninhabited Mars can have objective instrumental value in relation to some other, non-Mars related end value. I find also this very plausible. It is also highly plausible, however, that spreading life to a presently uninhabited Mars can also have subjective end value, as well as objective instrumental value. I mention shortly two ways of prioritising between these values: The utilitarian method of counting the number of sentient beings who entertain each value and determining the strength of the values to them. Finding a compromise that allows colonisation on parts of the planet while leaving other parts untouched. These methods should be seen as examples, not as an exhaustive list. Also, I do not take a definitive stand in favour of any of the two approaches, though it seems at least prima facie that the second approach may have a better chance of actually leading to a constructive result. (shrink)

Norbert Elias' Denken uber den Staat erschliesst sich aus seiner Interdependenztheorie der Macht und seiner prozess- und figurationssoziologischen Perspektive. Ausgehend von langfristigen und ungesteuerten Prozessen, aus denen Herrschaftsmonopole entstehen konnen wie jene uber physische Gewalt und Besteuerung, erhalt der Staat in der Moderne den "Charakter des obersten Koordinations- und Regulationsorgans fur das Gesamte der funktionsteiligen Prozesse." Aber Staatsbildungsprozesse haben ein Janusgesicht: Pazifizierung im Innern und Kriegsfuhrung jenseits der Grenzen sind auch heute noch ihre verstorenden Merkmale. Elias' eigenstandige Perspektive auf das (...) Politische und den Staat hat dennoch immer Menschen und die Verflechtungsfiguren, die sie als Etablierte und Aussenseiter miteinander bilden, im Blick. Die Beitrage dieses Bandes diskutieren die wichtigsten Gedanken von Elias' Staatsverstandnis und untersuchen dessen Potenziale fur realitatskongruente Analysen moderner Staatlichkeit. (shrink)

In this article I reconsider David Benatar's primary argument for anti‐natalism—the asymmetry argument—and outline a three‐step process for rejecting it. I begin in Part 2 by reconstructing the asymmetry argument into three main premises. I then turn in Parts 3–5 to explain how each of these premises is in fact false. Finally, I conclude in Part 6 by considering the relationship between the asymmetry argument and the quality of life argument in Benatar's overall case for anti‐natalism and argue that it (...) is the latter argument that is actually doing the work. In this sense, the asymmetry argument is not only unsuccessful in generating Benatar's anti‐natalist conclusion, it is also unnecessary as well. (shrink)

One can be reproached for not remembering. Remembering and forgetting shows who and what one values. Indeed, memory is constitutively normative. Theoretical approaches to memory should be sensitive to this normative character. We will argue that traditional views that consider memory as the storing and retrieval of mental content, fail to consider the practices we need for telling the truth about our past. We introduce the Radically Enactive view of Cognition, or REC, as well-placed to recognize the central role of (...) norms in remembering. Crucially, REC construes all remembering as “something we do”, and the most sophisticated forms of remembering as things we collectively do, answerable to socioculturally established practices. On this view our mnemonic performances cannot avoid re-shaping our collective ways of doing and seeing going forward. By REC’s lights therefore, the “is” of memory is “oughty” through and through. (shrink)

Background:Metaphors are often used within the context of ethics and healthcare but have hardly been explored in relation to moral reasoning.Objective:To describe a central set of metaphors in one case and to explore their contribution to moral reasoning.Method:Semi-structured interviews were conducted with 16 parents of a child suffering from the neurodegenerative disease CLN3. The interviews were recorded, transcribed, and metaphors were analyzed. The researchers wrote memos and discussed about their analyses until they reached consensus.Ethical considerations:Participants gave oral and written consent (...) and their confidentiality and anonymity were respected.Findings:A central set of metaphors referred to the semantic field of the hands and arms and consisted of two central metaphors that existed in a dialectical relationship: grasping versus letting go. Participants used these metaphors to describe their child’s experiences, who had to “let go” of abilities, while “clinging” to structures and the relationship with their parent(s). They also used it to describe their own experiences: participants tried to “grab” the good moments with their child and had to “let go” of their child when (s)he approached death. Participants, in addition, “held” onto caring for their child while being confronted with the necessity to “let go” of this care, leaving it to professional caregivers.Discussion:The ethical analysis of the findings shows that thinking in terms of the dialectical relationship between “grasping” and “letting go” helps professional caregivers to critically think about images of good care for children with CLN3. It also helps them to bear witness to the vulnerable, dependent, and embodied nature of the moral self of children with CLN3 and their parents.Conclusion:Metaphorical reasoning may support the inclusion of marginalized perspectives in moral reasoning. Future studies should further explore the contribution of metaphorical reasoning to moral reasoning in other cases. (shrink)

The ethics of hope has often been understood as a conflict between duties: do not lie versus do not destroy hope. However, such a way of framing the ethics of hope may easily place healthcare professionals at the side of realism and patients at the side of hope. That leaves unexamined relational dimensions of hope. The objective of this study was to describe a relational ethics of hope based on the perspectives of palliative care patients, their family members and their (...) healthcare professionals. A qualitative longitudinal method based on narrative theories was used. Semi-structured interviews on hope were conducted with twenty-nine palliative care patients, nineteen friends or family members, and fifty-two healthcare professionals, which were recorded and transcribed. Data on hope were thematically analyzed. The researchers wrote memos and did member checking with participants. When participants spoke about hope, they referred to power and empowerment, like the powerful bonding of hope between patients and physicians. They also associated hope with the loss of hope and suffering. Several participating healthcare professionals tried to balance both sides, which involved acknowledgment of hope and suffering. Hope and power were reflected in the ethical concept of empowerment, whereas suffering and the loss of hope were reflected in the ethical concept of compassion. Empowerment and compassion can be balanced in solicitude. In conclusion, a relational ethics of hope requires solicitude, in which healthcare professionals are able to weigh empowerment and compassion within particular relationships. (shrink)

According to the so?called swamping problem, reliabilist knowledge is no more valuable than mere true belief. In a paper called ?Reliabilism and the value of knowledge? (in Epistemic value, edited by A. Haddock, A. Millar, and D. H. Pritchard, pp. 19?41. Oxford: Oxford University Press, 2009), Alvin I. Goldman and myself proposed, among other things, a solution based on conditional probabilities. This approach, however, is heavily criticized by Jonathan L. Kvanvig in his paper ?The swamping problem redux: Pith and gist? (...) (in Social Epistemology, edited by A. Haddock, A. Millar, and D. H. Pritchard, pp. 89?111. Oxford: Oxford University Press, 2010). In the present article, I defend the conditional probability solution against Kvanvig?s objections. (shrink)

To give priority to the young over the elderly has been labelled ‘ageism’. People who express ‘ageist’ preferences may feel that, all else equal, an individual has greater right to enjoy additional life years the fewer life years he or she has already had. We shall refer to this asegalitarian ageism. They may also emphasise the greater expected duration of health benefits in young people that derives from their greater life expectancy. We may call thisutilitarian ageism. Both these forms of (...) ageism were observed in an empirical study of social preferences in Australia. The study lends some support to the assumptions in the QALY approach that duration of benefits, and hence old age, should count in prioritising at the budget level in health care. (shrink)

Sometimes pernicious circularities appear in definitions of fundamental concepts of argumentation theory. For instance, in pragma-dialectical theory, the concept of a fallacy and that of a critical discussion aiming at resolving a difference of opinion mutually presuppose one another. A similar relationship obtains, in argumentation theory at large, between the concept of argumentation and that of rationality. Again, the concept of an argumentative dialogue presupposes a concept of statement. Yet, statementhood is sometimes claimed to be determined by a locution’s function (...) in dialogue. Similarly, for the concepts of proof and argument. Are these circularities really objectionable? Are they resolvable? If they are not, how can we live with them? It will be argued that some of these problems can be neglected some of the time, but not all of them all of the time. Though there may be no royal road towards resolution, several strategies can be applied. But sometimes patience is what is needed. (shrink)

The price of sequencing all the DNA in a person's genome is falling so fast that, according to one biotech leader, soon it won't cost much more than flushing a toilet. Getting all that genomic data at an ever‐lower cost excites the imaginations not only of biotech investors and researchers but also of the President and many members of Congress. They envision the data ushering in an age of “personalized medicine,” where medical care is tailored to persons’ genomes. The new (...) name “precision medicine” should not distract us from the fact that the genomic information it depends on is more complex, uncertain, and ambiguous than anyone had hoped, nor should it distract us from an important ethical point. Unfortunately, several developments of the last fifteen years suggest that, in our excitement about the technological capacity to gather genomic data at an ever lower cost, we are drifting away from what has long been a basic ethical commitment: to offer persons a process that enables them to provide informed consent before they or anyone else accesses their genetic information. (shrink)

Two kinds of vision science are distinguished: a representational versus a nonrepresentational one. Seeing in the former is conceived of as creating an internal replica of the external world, while in the latter seeing is taken to be a process of active engagement with the environment. The potential of each theory for elucidating artistic creation and aesthetic appreciation is considered, necessarily involving some comments on visual consciousness. This discussion is intended as a background against which various themes of the papers (...) light up. (shrink)

While color realism is endorsed, Byrne & Hilbert's (B&H's) case for it stretches the notion of “physical property” beyond acceptable bounds. It is argued that a satisfactory account of color should do much more to respond to antirealist intuitions that flow from the specificity of color experience, and a pointer to an approach that does so is provided.

I argue that an adequate semantics for physical theories must be grounded on an account of the way that a theory provides formal and conceptual resources appropriate for---that have propriety in---the construction of representations of the physical systems the theory purports to treat. I sketch a precise, rigorous definition of the required forms of propriety, and argue that semantic content accrues to scientific representations of physical systems primarily in virtue of the propriety of its resources. In particular, neither the adequacy (...) of those representations nor any referential relations their terms may enter into play any fundamental role in the determination of the representation's semantic content. One consequence is that anything like traditional Tarskian semantics is inadequate for the task. (shrink)

Memphis Elvis is cool; Vegas Elvis is cheesy. How come? To call something cheesy is, ostensibly, to disparage it, and yet cheesy acts are some of the most popular in popular culture today. How is this possible? The concepts of cheese, cheesy, and cheesiness play an important and increasingly ubiquitous role in popular culture today. I offer an analysis of these concepts, distinguishing them from nearby concepts like kitschy and campy. Along the way I draw attention to the important roles (...) of cultural/historical context, background knowledge, and especially artist’s intentions, relevant to aesthetic assessments involving cheese and related concepts. I go on to contend that these concepts, properly understood, serve as helpful test cases concerning some important issues in contemporary aesthetics, such as the paradox of negative art, and the contentious debate between intentionalists and anti-intentionalists. (shrink)

The main issue in the epistemology of peer disagreement is whether known disagreement among those who are in symmetrical epistemic positions undermines the rationality of their maintaining their respective views. Douven and Kelp have argued convincingly that this problem is best understood as being about how to respond to peer disagreement repeatedly over time, and that this diachronic issue can be best approached through computer simulation. However, Douven and Kelp’s favored simulation framework cannot naturally handle Christensen’s famous Mental Math example. (...) As a remedy, I introduce an alternative simulation framework, Laputa, inspired by Alvin Goldman’s seminal work on veritistic social epistemology. I show that Christensen’s conciliatory response, reasonably reconstructed and supplemented, gives rise to an increase in epistemic value only if the peers continue to recheck their mental math; else the peers might as well be steadfast. On a meta-level, the study illustrates the power of Goldman’s approach when combined with simulation techniques for handling the computational issues involved. (shrink)

In this article, I want to make the following points, none of which are totally new, but their constellation here is meant to be challenging. First, world is not a thing but an event, the event of sense. This event is opening and meaning – verbal tense. God may be a philosophical name of this event. This is recognized by late-modern religious atheist thought. This thought differs from modern scientific rationalism in that the latter’s so-called areligious atheism is actually a (...) hyperreligious theism. On the way, the alleged opposition between philosophy and theology, between thought and faith is seen to erode. The core matter of this philosophy of religion will be the absolute reference, the system of objectivity and the holiness of the name. All this because of a prefix a- that has its sense turned inside out by the death of God. (shrink)

Among philosophers of science, there is now a widespread agreement that the DN model of explanation is poorly equipped to account for explanations in biology. Rather than identifying laws, so the consensus goes, researchers explain biological capacities by constructing a model of the underlying mechanism.We think that the dichotomy between DN explanations and mechanistic explanations is misleading. In this article, we argue that there are cases in which biological capacities are explained without constructing a model of the underlying mechanism. Although (...) these explanations do not conform to Hempel’s DN model, they do invoke more or less stable generalisations. Because they invoke generalisations and have the form of an argument, we call them inferential explanations. We support this claim by considering two examples of explanations of biological capacities: pigeon navigation and photoperiodism. Next, we will argue that these non-mechanistic explanations are crucial to biology in three ways: sometimes, they are the only thing we have, they are heuristically useful, and they provide genuine understanding and so are interesting in their own right.In the last sections we discuss the relation between types of explanations and types of experiments and situate our views within some relevant debates on explanatory power and explanatory virtues. (shrink)

Formulating my comments I have had difficulties of three kinds. First, I am not at all sure that I have understood Davidson correctly at every point. Secondly, not being aware of how far I may take for granted that Davidson and I share what may be called the same background ...

Many countries are now implementing human papillomavirus vaccination. There is disagreement about who should receive the vaccine. Some propose vaccinating both boys and girls in order to achieve the largest possible public health impact. Others regard this approach as too costly and claim that only girls should be vaccinated. We question the assumption that decisions about human papillomavirus vaccination policy should rely solely on estimates of overall benefits and costs. There are important social justice aspects that also need to be (...) considered. Policy makers should consider how to best protect individuals who will remain unvaccinated through no fault of their own. This is especially important if these individuals are already disadvantaged in other ways and if vaccinating other people increases their risk of infection. (shrink)

ABSTRACTUnquestionably, philosophy has acquired a somewhat new register lately. First, I discuss the appearance of the theological virtues in contemporary philosophy. This appearance is heralded in Nietzsche’s famous preface to The Gay Science. The event remains at this point curious and without explanation. In a second step, I explore current French philosophy and culture as the frame and/or the effect of this appearance. At this point, I still cannot find the philosophical meaning of the virtues, only the condition of possibility (...) of their ‘extra-theological’ relevance. At most, I can reopen the religious nature, element or register of thought, of philosophy. I will do that by introducing eschatology and desecularisation, implying that modern rationalist allegedly areligious atheism is actually a hyper-religious theism. Desecularisation can only be understood within the frame of an ‘open world’, within a world-as-opening. World then becomes the event of meaning and the thought that thinks the opening, open thought as it were, is philosophical charity or philosophy-as-charity. The effect of all this is precisely philosophy turning into virtuous thought. Philosophy becomes, in ‘fact’, hope, faith and charity. (shrink)