Sometimes a theory is interpreted realistically--i.e., as literally true--whereas sometimes a theory is interpreted instrumentalistically--i.e., as merely a convenient device for summarizing, systematizing, deducing, etc., a given body of observable facts. This paper is part of a program aimed at determining the basis on which scientists decide on which of these interpretations to accept a theory. I proceed by examining one case: the nineteenth-century debates about the existence of atoms. I argue that there was a gradual transition from an instrumentalist (...) to a realistic acceptance of the atomic theory, because of gradual increases in its predictive power, the "testedness" of its hypotheses, the "determinateness" of its quantities, and because of resolutions of doubts about the acceptability of its basic explanatory concepts. (shrink)

Book description: This outstanding collection of specially commissioned chapters examines German idealism from several angles and assesses the renewed interest in the subject from a wide range of fields. Including discussions of the key representatives of German idealism such as Kant, Fichte and Hegel, it is structured in clear sections dealing with: * metaphysics * the legacy of Hegel’s philosophy * Brandom and Hegel * recognition and agency * autonomy and nature * the philosophy of German romanticism. Amongst other important (...) topics, German Idealism: Historical and Philosophical Perspectives addresses the debates surrounding the metaphysical and epistemological legacy of German idealism; its importance for understanding recent debates in moral and political thought; its appropriation in recent theories of language and the relationship between mind and world; and how German idealism affected subsequent movements such as romanticism, pragmatism, and critical theory. (shrink)

Sometimes emotions excuse. Fear and anger, for example, sometimes excuse under the headings of (respectively) duress and provocation. Although most legal systems draw the line at this point, the list of potentially excusatory emotions outside the law seems to be longer. One can readily imagine cases in which, for example, grief or despair could be cited as part of a case for relaxing or even eliminating our negative verdicts on those who performed admittedly unjustified wrongs. To be sure, the availability (...) of such excuses depends on what wrong one is trying to excuse. No excuse is available in respect of all wrongs. Some wrongs, indeed, are inexcusable. This throws up the interesting question of what makes a particular emotion apt to excuse a particular wrong. Why is fear, for example, more apt to excuse more serious wrongs than, say, pride or shame? This question leads naturally to another. Why are some emotions, such as lust, greed, and envy, apparently not apt to furnish any excuses at all? Can one not be overcome by them? Can they not drive one to wrongdoing as readily as fear and grief? Or is that not the point? (shrink)

In this paper I outline various different objects of investigation that may be picked out by word “law” (or its cognates). All of these objects must be investigated in an integrated way before one can provide a complete philosophical explanation of the nature of law. I begin with the distinction between laws (artefacts) and law (the genre to which the artefacts belong). This leads me to the distinction between the law (of a particular legal system) and law (the genre of (...) artefacts). Then I discuss the contrast between law (the genre of artefacts) and law (the practice). Finally I comment on legality as the name of an ideal for laws and legal systems to live up to. I commend H. L. A. Hart's explanation of the nature of law for investigating these various objects in an integraed way, while nevertheless respecting the distinctions among them. I also criticise some of R. M. Dworkin's work for failing to respect the same distinctions. (shrink)

The recommendation that we encourage children to be open-minded has been gathering strength. Yet given the everyday meaning of ‘being open-minded about something’, we may decide to reject this recommendation because it proscribes teaching and learning. There again, recent philosophical accounts of open-mindedness seem to oppose everyday meaning and lead to the absurd conclusion that the Pope is open-minded about the existence of God. This paper suggests two ways of looking at these problems, the second of which reconciles ordinary usage (...) with open-mindedness as a desirable educational objective. (shrink)

This paper attempts in the first instance to clarify the application of the personal/sub-personal distinction to psychoanalysis and to indicate how this issue is related to that of psychoanalysis" epistemology. It is argued that psychoanalysis may be regarded either as a form of personal psychology, or as a form of jointly personal and sub-personal psychology, but not as a form of sub-personal psychology. It is further argued that psychoanalysis indicates a problem with the personal/sub-personal distinction itself as understood by Dennett (...) A revised view of the distinction, which is argued to reflect its true metaphysical significance, is proposed. (shrink)

Book description:* The only accessible and authoritative guide to the continental traditions in philosophy * 20 brand-new contributions by an outstanding international team * Valuable for anyone working on continental philosophy, European literature, the history of ideas, and cultural studies The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and up-to-date survey of original research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of (...) the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of Continental Philosophy is the definitive guide to the major themes of the continental Euopean tradition in philosophy in the nineteenth and twentieth centuries. Brian Leiter and Michael Rosen have assembled a stellar group of contributors who provide a thematic treatment of continental philosophy, treating its subject matter philosophically and not simply as a series of museum pieces from the history of ideas. The scope of the volume is broad, with discussions covering a wide range of philosophical movements including German Idealism, existentialism, phenomenology, Marxism, postmodernism, and critical theory, as well as thinkers like Hegel, Marx, Nietzsche, Freud, Heidegger, and Foucault. This Handbook will be an essential reference point for graduate students and professional academics working on continental philosophy, as well as those with an interest in European literature, the history of ideas, and cultural studies. (shrink)

It is well known that Sartre describes his form of existentialism as atheistic, and much of the rhetoric of Sartrean existentialism draws off the image of God's absence from the world. There are nevertheless, I argue, deep grounds for thinking that the coherence and well-groundedness of Sartre's thought requires that his phenomenological ontology take finally the form of an onto-theology: Sartre's ontology runs into difficulties concerning the origin of the for-itself and the unity of being; an onto-theology like Schelling's, which (...) avoids the ‘ontological optimism’ that Sartre objects to in Hegel, both releases Sartre's ontology from its difficulties and furthers Sartre's central philosophical purposes. (Published Online July 10 2006). (shrink)

Destined for the Cardozo Law Review. Posted 28 November 2006.

This paper takes some first steps in a study of the thesis that “ought” implies “can.” Considerable attention is given to the proper interpretation of the thesis, including the interpretation of “ought,” the interpretation of “can,” and the interpretation of “implies.” Having chosen a particular interpretation of the thesis to work on—in some ways its broadest interpretation—the paper tries to bring out some considerations that bear on its truth or falsity. After an excursion into the general theory of value, this (...) paper finds it false. The paper concludes with the suggestion that part of its allure comes of confusion with another thesis, namely the thesis that “ought to try” implies “can succeed.” Suitably qualified, this last thesis is true, and the false thesis that “ought” implies “can” basks in the reflected glory. Left for another day are narrower interpretations of “ought” implies “can” which may protect it against my objections. (shrink)

Book description: Art and Morality is a collection of groundbreaking new papers on the theme of aesthetics and ethics, and the link between the two subjects. A group of distinguished contributors tackle the important questions that arise when one thinks about the moral dimensions of art and the aesthetic dimension of moral life. The volume is a significant contribution to philosophical literature, opening up unexplored questions and shedding new light on more traditional debates in aesthetics. The topics explored include: the (...) relation of aesthetic to ethical judgement; the relation of artistic experience to moral consciousness; the moral status of fiction; the concepts of sentimentality and decadence; the moral dimension of critical practice, pictorial art and music; the moral significance of tragedy; and the connections between artistic and moral issues elaborated in the writings of central figures in modern philosophy, such as Kant, Schopenhauer and Nietzsche. The contributors share the view that progress in aesthetics requires detailed study of the practice of criticism. This volume will appeal both to the philosophical community and to researchers in areas such as literary theory, musicology and the theory of art. (shrink)

Victor Quinn advocates teaching critical thinking as a curriculum subject. He has accused Professor John E. McPeck, a vehement critic of such proposals, not only of being wrong but also of being in need of such a critical thinking course himself. In this paper we examine the five supposed critical thinking weaknesses of which McPeck is accused and consider what Quinn's arguments tell us about critical thinking, its skills, its priorities and its claims to subject status.

Abstract Non-reductive physicalism is currently the most widely held metaphysic of mind. My aim in this essay is to show that supervenience physicalism?perhaps the most common form of non-reductive physicalism?is not a defensible position. I argue that, in order for any supervenience thesis to ground a legitimate form of physicalism, it must yield the right sort of determination relation between physical and non-physical properties. Then I argue that non-reductionism leaves one without any explanation for the laws that are implied by (...) supervenience theses that deliver this determination relation. (shrink)

In this dissertation, I explicate some of the moral duties we have to future humans. I defend the view that (DV1) we have pro tanto duties of nonmaleficence and beneficence to and regarding at least some future humans; (DV2) in the present circumstances, this duty of nonmaleficence grounds reasons for us to refrain from damaging certain features of the natural environment; and (DV3) in the present circumstances, this duty of beneficence grounds reasons for at least some of us to bring (...) future humans into existence. I refer to the view consisting of (DV1) - (DV3) as the Duties to Future Humans View (DV). In defense of DV1, I argue that future humans have moral standing, and that their having moral standing is sufficient for our having pro tanto duties of nonmaleficence and beneficence to and regarding them. I take a duty of nonmaleficence to be a duty to refrain from harming and a duty of beneficence to be a duty to benefit. In defense of DV2, I argue that increases in the concentration of carbon dioxide in the atmosphere and numerous species extinctions are harms for future humans. In defense of DV3, I argue that having a life worth living is a benefit to the person who lives that life. One objection to DV is the non-identity problem. In response, I defend substantive accounts of harming and benefiting. The account of harming holds that for any individual having moral standing, S, and any state of affairs, A, (1) A is a harm for S just in case if it were true that both S existed and A did not obtain, then S would have a higher level of lifetime well-being; (2) an action or event harms S just in case it causes a harm for S to obtain; (3) other things being equal, the reason against harming S is stronger, the more similar the world would be if A did not obtain. I argue for a similar account of benefiting. I also argue for a metaphysical distinction between causes and mere conditions. (shrink)

The medical specialty of psychiatry should possess a basic science in which pathologies are considered deviations from normal brain physiology. Historically, psychoanalytic pathogenesis was considered separately from brain physiology. It was not scientific because observations could not be refuted. Countering this, Eli Robins's legacy stemmed partly from his having been damaged by a psychoanalyst. It eschewed pathogenesis. Attempting to integrate psychiatry with medicine more generally, Robins and colleagues refocused on empiricism, although they acknowledged the brain's centrality. Here I hold that (...) the term biology used in the context of psychiatry should broadly encompass social facets of organismal function. The term sociophysiology may best describe the central basic science of psychiatry because it alludes to brain functions used for the person's social realm. Disruptions of such functions result in deviant behaviors and unpleasant feelings which psychiatrists diagnose and treat. Future study encompassing top-down and bottom-up research should include genome-neural-behavioral analyses. (shrink)

The use of evidence to resolve uncertainties is key to many endeavours, most conspicuously science and law. Despite this, the logic of uncertainty is seldom taught explicitly, and often seems misunderstood. Traditional educational practice even fails to encourage students to identify uncertainty when they express knowledge, though mark schemes that reward the identification of reliable and uncertain responses have long been shown to encourage more insightful understanding. In our information-rich society the ability to identify uncertainty is often more important than (...) the possession of knowledge itself. In both science and law there are fundamentally different kinds of uncertainty at issue. There is uncertainty whether a particular hypothesis is correct, and there is uncertainty about observable data that may be generated if a particular hypothesis is correct. Both are expressed in terms of probabilities. Each has its own domain of application and its own logic, but the inter-relationship is complex and sometimes misunderstood. Hypothesis probabilities are always open to error through possible failure to take account of realistic alternatives, while the proper inferences that can be drawn from data probabilities (often in the context of significance testing) are quite limited and easily over-interpreted. When considering these two kinds of probability in a court of law it is possible to interpret the phrase 'reasonable doubt' in different ways. It can be seen as addressing data uncertainty: whether such incriminating evidence might with reasonable probability arise to confront an innocent person. Or (the more conventional view) it can be seen as some sort of threshold level on the probability that the defendant is guilty (a hypothesis probability). Each typically involves elements of subjective judgement, but fewer issues and uncertainties arise when considering the data probability and it is argued that this is often the more critical and proper issue for a jury to address. This has particular repercussions for cases involving identification of a suspect through trawl of a DNA or other database. (shrink)

Harry Frankfurt and J. David Velleman both offer accounts of paradigmatic action. To greatly oversimplify, Frankfurt roots our agency in our capacity to care, while Velleman places it in our cognitive capacity to make sense of ourselves. This paper argues that both views have an important piece of the truth. The paper advances a pluralistic account of paradigmatic agency. (updated 7/30/07).

The American Journal of Bioethics, Volume 11, Issue 10, Page 7-9, October 2011.

Although famous as an economist, Amartya Sen is no less distinguished as a philosopher. In this he is far from unique. The same went for the founding father of economics, Adam Smith. But in these days of increased academic specialization the combination of philosopher and economist is rarer than once it was. Moreover the philosophical contributions of contemporary economists, such as they are, tend to be relatively narrow. Some, notably John Harsanyi and Thomas Schelling, are rightly lauded by philosophers for (...) helping to illuminate what Hegel called ‘the cunning of reason’ – the strange twists, loops, and blind alleys that obstruct or divert us, individually or collectively, in the pursuit of value. When it comes to the identification of the value to be pursued, on the other hand, it is harder to think of recent economists who have done important work. The preference-based theory of value treated as axiomatic by many economists is regarded as comic by many moral philosophers, even those with otherwise consilient utilitarian leanings. To break loose from the preference-based theory of value, while continuing to carry credibility for pioneering work in economics, takes a person of truly exceptional imagination, discipline, and versatility. (shrink)

In this paper I sketch a reconstruction of the basic psychoanalytic conception of the mind in terms of two historical resources: the conception of the subject developed in post-Kantian idealism, and Spinoza's laws of the affects in Part Three of the Ethics. The former, I suggest, supplies the conceptual basis for the psychoanalytic notion of the unconscious, while the latter defines the type of psychological causality of psychoanalytic explanations. The imperfect fit between these two elements, I claim, is reflected in (...) familiar conceptual difficulties surrounding psychoanalytic theory and explanation. (shrink)

“We are in the position of a little child,” said Einstein in a press interview twenty years ago, “entering a huge library whose walls are covered to the ceiling with books in many different tongues. … The child does not understand the languages in which they are written. He notes a definite plan in the arrangement of the books, a mysterious order which he does not comprehend, but only dimly suspects.”.