Both Jean-François Lyotard and Jean-Luc Nancy have tried to understand the law within the heterogeneity of society by means of Kant's notion of 'as if'. Kant introduced this notion in order to respect the gap between reason and intuition; Lyotard and Nancy took it up to explain the lack of unity in society. In the margins of their work — footnotes and postscripts — they have discussed this theme and searched for the presuppositions and risks of each others position, as (...) a result of which the 'as if' is considered from different perspectives and the philosophies of Lyotard and Nancy are illuminated inopposition to each other. Although this discussion commenced in the seventies, this theme is currently more topical than ever as is clear from the development of the Europeanand Iraqi constitutions. An analysis of the complex discussion between Lyotard and Nancy is given to provide insight into the principles that constitute the law. Both Lyotardand Nancy are trying to solve the problem of how to judge without a given rule. Lyotardis mainly concerned with understanding the 'as if' as an attempt to respect heterogeneity, while Nancy criticizes Lyotard for ignoring the constitution of this heterogeneity.Nancy uses the notion of 'dislocation' to understand both every case as an accident andthe neglect of this aspect by the jurisdiction. At the same time, we will elaborate on the reception of the Kantian thinking in French philosophy. Although the importance of well-known notions such as the sublime have been emphasized many times, the relevance of the 'as if' has not been thoroughly investigated. It will be shown that the notion ofthe 'as if' can be fruitful for understanding the creative element of jurisdiction, that is, for judging without rules. (shrink)

Immanuel Kant enshrined the modem notion of race. Many commentators prefer to ignore this aspect of Kant’s thinking, considering it to be out-dated, merely a remnant of eighteenth century philosophy or bad science. This article will examine Kant’s racial theory within the context of his wider work, and mainly so with regard to the teleological principle. Kant often presents his new notion of race and racial differences in relation to teleology, i.e., he used races as an example for understanding the (...) teleological principle. The aim of this article is to understand the relationship between Kant’s racial theory and his teleology, which is essential for comprehending his cosmopolitanism. Instead of merely discarding the racist remarks in Kant’s work as marginal and distracting from his central argument, the article will show that Kant’s teleology is a means for him to exclude non-white races from a positive, moral development of a culture. (shrink)

In this essay, I discuss Kant’s views on the “American race.” Robert Bernasconi has pointed out that more research on the sources of Kant’s ideas on non-white races is needed in order to have a better understanding of his racism. This essay responds to that call in order to show how Kant contributed to on-going discussions on the causes and meaning of human differences. However, I will also focus on his influence on his contemporaries. The reason for doing so is (...) two-fold. Firstly, I will question Irene Tucker’s recent attempt to show that skin color was considered a racial sign because of its supposed self-evidence and immediate legibility. By way of a presentation of Kant’s views on the “American race,” I will show that race mixing formed the core of Kant’s racial theory and not the alleged immediacy of racial sight. Secondly, I will focus on his influence in order to question the popular idea that Kant had in his late work developed second thoughts on his racial hierarchy. His appraisal of the work of one of his contemporaries clearly shows that the matter is far more complicated than suggested in these interpretations of Kant’s racial work. (shrink)

This article shows that Johann Gottlieb Steeb supported different aspects of Kant's theory of race. Despite the growing research on Kant's racial and biological theory, one finds no mention of Steeb in these interpretations. However, his work is relevant because of his attempt in 1785 to synthesize Kant's preformationist terminology with Blumenbach's epigenetic theory. This article aims at understanding this synthesis. Recent interpreters of Kant presuppose that preformationism excluded epigenesis. But already in 1785 Steeb saw the possibility of integrating Kant's (...) germs into a discourse that was to a large extent dominated by Blumenbach. Steeb's synthesis primarily implied that the concepts of germs and race could be amended to Blumenbach's understanding of human diversity. (shrink)

Although much attention has already been paid to Kant’s ideas on race, more research is needed to determine the sources that he used to support his portrayal of non-white races. A comprehension of the intellectual context gives us the opportunity to see the way in which Kant wished to contribute to discussions on inheritable human characteristics and the inferiority of certain races. This article will emphasize the relevance of the views of Joseph Priestley and Alexander Wilson for Kant’s hypothesis on (...) the relation between phlogiston and the black race. This allows us to comprehend the methodology that Kant prescribed for natural history and its consequences for his understanding of the inferiority of the black race. (shrink)

This paper elucidates the relation between the subject and its image by discussing the theme of portraiture. A portrait is in essence a self-portrait. The author begins with a reading of the portrait Jacques Derrida — ritratto allegorico made by Valerio Adami. Making use of this portrait, the author will analyse several aspects of drawing and portraying. This will bring us to the theme of exposing or exhibiting the subject. Whatdoes it mean when a subject exhibits itself? Jean-Luc Nancy's reading (...) of Descartes willgive us the opportunity to answer this question. Descartes presented himself in his Discours de h méthode as if he presented a self-portrait. Nancy, then, tries to show that the portraying of the self is necessary for presenting and thinking the self. There canbe no self without self-portraying. The cogito can only think itself when it exhibits itself in a portrait. (shrink)

When in 1786 Georg Forster criticized Immanuel Kant’s racial theory, he famously challenged him to oppose slavery. Although Kant declined to take up this challenge, the discussion between Forster and Kant was the impetus for Johann Gottlieb Stoll to present his views on the matter. In his defense of monogenesis Stoll did what Kant had failed to do, namely, explicitly criticize oppressive institutions like the slave trade and slavery with a demand to respect the dignity and humanity of every human (...) being, independent of their physiological traits. Although his work has been ignored ever since its publication, he offered an even greater challenge to Kant than Forster. He defended the idea that so-called race mixing not only proved the unity of the human species but was also not contrary to nature. Not only did he distance himself from Kant but also from Forster. He challenged his readers to consider the ability of non-Whites to be an example for Whites. (shrink)

Both Jean-François Lyotard and Jean-Luc Nancy have tried to understand the law within the heterogeneity of society by means of Kant's notion of 'as if'. Kant introduced this notion in order to respect the gap between reason and intuition; Lyotard and Nancy took it up to explain the lack of unity in society. In the margins of their work — footnotes and postscripts — they have discussed this theme and searched for the presuppositions and risks of each others position, as (...) a result of which the 'as if' is considered from different perspectives and the philosophies of Lyotard and Nancy are illuminated inopposition to each other. Although this discussion commenced in the seventies, this theme is currently more topical than ever as is clear from the development of the Europeanand Iraqi constitutions. An analysis of the complex discussion between Lyotard and Nancy is given to provide insight into the principles that constitute the law. Both Lyotardand Nancy are trying to solve the problem of how to judge without a given rule. Lyotardis mainly concerned with understanding the 'as if' as an attempt to respect heterogeneity, while Nancy criticizes Lyotard for ignoring the constitution of this heterogeneity.Nancy uses the notion of 'dislocation' to understand both every case as an accident andthe neglect of this aspect by the jurisdiction. At the same time, we will elaborate on the reception of the Kantian thinking in French philosophy. Although the importance of well-known notions such as the sublime have been emphasized many times, the relevance of the 'as if' has not been thoroughly investigated. It will be shown that the notion ofthe 'as if' can be fruitful for understanding the creative element of jurisdiction, that is, for judging without rules. (shrink)

This is the first extensive study of ecological virtue ethics and the new rhetoric of environmentalists. Based on a wide-ranging survey of environmental literature, Louke van Wensveen offers an overview of current "green" virtue language and proposes the basic elements of a matching ecological virtue theory, dubbed "dirty virtues" by ecological philosophers.Environmental ethics is not exhausted by debates about the need to preserve rivers, our duties to bioregions, and the intrinsic value of nonhuman nature; rather, ecoliterature also contains a rich (...) virtue language. Highlighting the integrity, diversity, internal tensions, dynamism, and visionary character of this ecological virtue language, the author shows both its historical roots and innovative features. Van Wensveen illustrates a widespread awareness of attitudes and habits that help or harm our relations with the nonhuman world. She includes a unique catalog of 189 virtues and 174 vices that mark the vision and praxis of people committed to ecological flourishing.The second part of Dirty Virtues presents carefully crafted criteria to help discern genuine virtue and vice in an ecological age. Her arguments are distinguished by a critical balance of moral sources, including Aristotelian virtue theory, Christian tradition, women's experiences, psychological theory, and metaphorical representations of nonhuman nature.Methodologically innovative and boldly interdisciplinary, Dirty Virtues will challenge and inspire virtue theorists, as well as environmental ethicists and theologians. (shrink)

The recent discovery of an indeterministic system in classical mechanics, the Norton dome, has shown that answering the question whether classical mechanics is deterministic can be a complicated matter. In this paper I show that indeterministic systems similar to the Norton dome were already known in the nineteenth century: I discuss four nineteenth century authors who wrote about such systems, namely Poisson, Duhamel, Boussinesq and Bertrand. However, I argue that their discussion of such systems was very different from the contemporary (...) discussion about the Norton dome, because physicists in the nineteenth century conceived of determinism in essentially different ways: whereas in the contemporary literature on determinism in classical physics, determinism is usually taken to be a property of the equations of physics, in the nineteenth century determinism was primarily taken to be a presupposition of theories in physics, and as such it was not necessarily affected by the possible existence of systems such as the Norton dome. (shrink)

Sound and complete axiomatizations are provided for a number of different logics involving modalities for the knowledge of multiple agents and operators for branching time, extending previous work of Halpern, van der Meyden and Vardi [to appear, SIAM Journal on Computing] for logics of knowledge and linear time. The paper considers the system constraints of synchrony, perfect recall and unique initial states, which give rise to interaction axioms. The language is based on the temporal logic CTL*, interpreted with respect to (...) a version of the bundle semantics. (shrink)

In recent years, there has been a heated debate about how to interpret findings that seem to show that humans rapidly and automatically calculate the visual perspectives of others. In the current study, we investigated the question of whether automatic interference effects found in the dot-perspective task (Samson, Apperly, Braithwaite, Andrews, & Bodley Scott, 2010) are the product of domain-specific perspective-taking processes or of domain-general “submentalizing” processes (Heyes, 2014). Previous attempts to address this question have done so by implementing inanimate (...) controls, such as arrows, as stimuli. The rationale for this is that submentalizing processes that respond to directionality should be engaged by such stimuli, whereas domain-specific perspective-taking mechanisms, if they exist, should not. These previous attempts have been limited, however, by the implied intentionality of the stimuli they have used (e.g. arrows), which may have invited participants to imbue them with perspectival agency. Drawing inspiration from “novel entity” paradigms from infant gaze-following research, we designed a version of the dot-perspective task that allowed us to precisely control whether a central stimulus was viewed as animate or inanimate. Across four experiments, we found no evidence that automatic “perspective-taking” effects in the dot-perspective task are modulated by beliefs about the animacy of the central stimulus. Our results also suggest that these effects may be due to the task-switching elements of the dot-perspective paradigm, rather than automatic directional orienting. Together, these results indicate that neither the perspective-taking nor the standard submentalizing interpretations of the dot-perspective task are fully correct. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

In dit artikel wordt de dominante metafysische oriëntatie in de hedendaagse meta-ethiek kritisch onder de loep genomen. Het hedendaagse debat, dat zich voornamelijk richt op de vraag hoe moraliteit metafysisch gezien 'in de werkelijkheid past', wordt gekenmerkt door een reeks complexe en soms esoterische discussies die, zo wordt betoogd, weinig bijdragen aan ons filosofische begrip van ethiek. Deze focus op metafysische grondslagen heeft geleid tot een tunnelvisie, waarin het debat gevangen zit tussen steeds ingewikkeldere vormen van non-cognitivisme, herconceptualisaties van 'objectiviteit' (...) en metafysische acrobatiek. Als alternatief wordt voorgesteld de aandacht in de meta-ethiek te verleggen naar het domein van praktisch redeneren. Door ons te concentreren op de patronen van geldige praktische argumentatie en het soort overwegingen dat mensen daadwerkelijk overtuigt, kunnen we wellicht een beter inzicht krijgen in de aard van ethische normativiteit en de rol ervan in ons leven. Het artikel pleit voor een meer pragmatische en minder metafysisch beladen benadering van de meta-ethiek, die zich richt op de daadwerkelijke praktijken van moreel redeneren en argumenteren. (shrink)

Contemporary internalists typically idealize the conditions for motivation, claiming for example that motivation must be present in rational persons under certain conditions. Robert Johnson, in The Philosophical Quarterly, 49, convincingly argues that these versions of internalism overlook ways in which the conditions in the antecedent of the conditional expressing the analysis are incompatible with the claim under analysis. However, avoiding the fallacy decouples internalism from its use to explain and justify moral action. I use Johnson’s argument as the basis of (...) a new proposal for defining central internalist claims, modifying the conditions in which motivation must be manifest so that it is less idealized. We can specify conditions which are ideal enough to ensure motivation, but which are not so ideal as to be incompatible with the grounds of an agent’s reasons. (shrink)

Michael Smith's recent defence of the theory shows promise, in that it captures the most common reasons for accepting a Humean view. But, as I will argue, it falls short of vindicating the view. Smith's argument fails, because it ignores the role of rationality conditions on the ascription of motivating reason explanations. Because of these conditions, we must have a theory of rationality before we choose a theory of motivation. Thus, we cannot use Humean restrictions on motivation to argue for (...) a particular conception of rationality. I will not directly criticize using a Humean conception of rationality to defend a Humean theory of motivation. For my argument implies that such criticism must come more directly, as argument over the substantive content of rationality. (shrink)

In this article we provide an intrinsic characterization of the famous Howard–Bachmann ordinal in terms of a natural well-partial-ordering by showing that this ordinal can be realized as a maximal order type of a class of generalized trees with respect to a homeomorphic embeddability relation. We use our calculations to draw some conclusions about some corresponding subsystems of second order arithmetic. All these subsystems deal with versions of light-face Π11\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\varPi ^1_1$$\end{document}-comprehension.

Ludwig Feuerbach is traditionally regarded as a significant but transitional figure in the development of nineteenth-century German thought. Readings of Feuerbach's The Essence of Christianity tend to focus on those features which made it seem liberating to the Young Hegelians: namely, its criticism of reification as abstraction, and its interpretation of religion as alienation. In this book, Van Harvey claims that this is a limited and inadequate view of Feuerbach's work, especially of his critique of religion. The author argues that (...) Feuerbach's philosophical development led him to a much more complex and interesting theory of religion which he expounded in works which have been virtually ignored hitherto. By exploring these works, Harvey gives them a significant contemporary re-statement, and brings Feuerbach into conversation with a number of modern theorists of religion. (shrink)

Certain organoid subtypes are particularly sensitive. We explore whether moral intuitions about the heartbeat warrant unique moral consideration for newly advanced contracting cardiac organoids. Despite the heartbeat’s moral significance in organ procurement and abortion discussions, we argue that this significance should not translate into moral implications for cardiac organoids.

Information is a recognized fundamental notion across the sciences and humanities, which is crucial to understanding physical computation, communication, and human cognition. The Philosophy of Information brings together the most important perspectives on information. It includes major technical approaches, while also setting out the historical backgrounds of information as well as its contemporary role in many academic fields. Also, special unifying topics are high-lighted that play across many fields, while we also aim at identifying relevant themes for philosophical reflection. There (...) is no established area yet of Philosophy of Information, and this Handbook can help shape one, making sure it is well grounded in scientific expertise. As a side benefit, a book like this can facilitate contacts and collaboration among diverse academic milieus sharing a common interest in information. . First overview of the formal and technical issues involved in the philosophy of information . Integrated presentation of major mathematical approaches to information, form computer science, information theory, and logic . Interdisciplinary themes across the traditional boundaries of natural sciences, social sciences, and humanities. (shrink)

Objective—Consultation of another physician is an important method of review of the practice of euthanasia. For the project “support and consultation in euthanasia in Amsterdam” which is aimed at professionalising consultation, a protocol for consultation was developed to support the general practitioners who were going to work as consultants and to ensure uniformity. Participants—Ten experts (including general practitioners who were experienced in euthanasia and consultation, a psychiatrist, a social geriatrician, a professor in health law and a public prosecutor) and the (...) general practitioners who were going to use the protocol. Evidence—There is limited literature on consultation: discursive articles and empirical studies describing the practice of euthanasia. Consensus—An initial draft on the basis of the literature was commented on by the experts and general practitioners in two rounds. Finally, the protocol was amended after it had been used during the training of consultants. Conclusions—The protocol differentiates between steps that are necessary in a consultation and steps that are recommended. Guidelines about four important aspects of consultation were given: independence, expertise, tasks and judgment of the consultant. In 97% of 109 consultations in which the protocol was used the consultant considered the protocol to be useful to a greater or lesser extent. Although this protocol was developed locally, it also employs universal principles. Therefore it can be of use in the development of consultation elsewhere. (shrink)

Fabi and Goldberg have helpfully shed some light on the wrongs perpetuated by the current funding architecture on research, sponsorship, and career development in the field of bioethics. The...

The technological advances in medicine, including prolongation of life, have constituted several dilemmas at the end of life. In the context of the Belgian debates on end-of-life care, the views of Muslim women remain understudied. The aim of this article is fourfold. First, we seek to describe the beliefs and attitudes of middle-aged and elderly Moroccan Muslim women toward withholding and withdrawing life-sustaining treatments. Second, we aim to identify whether differences are observable among middle-aged and elderly women’s attitudes toward withholding (...) and withdrawing life-sustaining treatments. Third, we aim to explore the role of religion in their attitudes. Fourth, we seek to document how our results are related to normative Islamic literature. Qualitative empirical research was conducted with a sample of middle-aged and elderly Moroccan Muslim women living in Antwerp and with experts in the field. We found an unconditional belief in God’s sovereign power over the domain of life and death and in God’s almightiness. However, we also found a tolerant attitude, mainly among our middle-aged participants, toward withholding and withdrawing based on theological, eschatological, financial and quality of life arguments. Our study reveals that religious beliefs and worldviews have a great impact on the ethical attitudes toward end-of-life issues. We found divergent positions toward withholding and withdrawing life-sustaining treatments, reflecting the lines of reasoning found in normative Islamic literature. In our interviews, theological and eschatological notions emerged as well as financial and quality of life arguments. (shrink)

South Africa's transition to democracy coincided and interlinked with massive global shifts, including the fall of communism and the rise of western capitalist triumphalism. Late capitalism operates through paradoxical global-local dynamics, both universalising identities and expanding local particularities. The erstwhile hegemonic identity of apartheid, 'the Afrikaner', was a product of Afrikaner nationalism. Like other identities, it was spatially organised, with Afrikaner nationalism projecting its imagined community onto a national territory. The study traces the neo-nationalist spatial permutations of 'the Afrikaner', following (...) Massey's understanding of space as political, produced through interrelations ranging from the global to micro intimacies, potentially a sphere for heterogeneous co-existence, and continuously created. Research is presented that shows a neo-nationalist revival of ethnic privileges in a defensive version of Hall's 'return to the local'. Although Afrikaner nationalism's territorial claims to a nation state were defeated, neo-nationalist remnants reclaim a purchase on white Afrikaans identities, albeit in shrunken territories. This phenomenon is, here, called Afrikaner enclave nationalism. Drawing on a global revamping of race as a category of social subjugation, a strategy is deployed that is here called 'inward migration'. These dynamics produce a privatised micro-apartheid in sites ranging from homes, to commercial and religious enterprises, to suburbs. Virtual white spaces in the form of Afrikaans media products serve as extensions of these whitened locales. The lynchpin holding it all together is the heteronormative, middle-class family, with consumption the primary mode of the generation of its white comfort zones. (shrink)

Criticizing Gallagher’s view on direct perception, I develop a basic model of social perception. According to the Cartesians another person’s intentions are not directly accessible to an observer. According to the cognitivist Cartesians conscious processes are necessary for social understanding. According to the Anti-Cartesians social perception is direct. Since both of these latter approaches face serious problems, I will argue in favor of an alternative: anti-cognitivist Cartesianism. Distinguishing between an active- and a passive part of the perceptual system we can (...) describe the situation as follows: Some functionally individuated parts of our nervous system generate percepts that correspond to the properties that causally trigger the system, whilst others form percepts of properties that do not causally trigger the system. The model is basic in that it merely helps clarifying some of the fundamental concepts we need in order to describe empirical findings. (shrink)

This article aims tt providing some conceptual tools for dealing adequately with relevance in argumentative discourse. For this purpose, argumentative relevance is defined as a functional interactional relation between certain elements in the discourse. In addition to the distinction between interpretive and evaluative relevance that can be traced in the literature, analytic relevance is introduced as an intermediary concept. In order to classify the various problems of relevance arising in interpreting, analyzing and evaluating argumentative discourse, a taxonomy is proposed in (...) which the concept of relevance is differentiated along three co-ordinate dimensions: object, domain and aspect. With the help of this taxonomy, it can be shown that the problems of evaluative relevance with which the standard approach to fallacies cannot satisfactory deal can be more systematically approached within a pragma-dialectical framework. This is demonstrated for the argumentum and hominem, which is erroneously treated as a homogenous type of relevance fallacy in logico-centric analyses, so that cases where this is not justified must be treated as ad hoc exceptions. (shrink)

Although pain is widely recognized by clinicians and researchers as an experience, pain is always felt in a patient-specific way rather than experienced for what it objectively is, making perceived meaning important in the study of pain. The book contributors explain why meaning is important in the way that pain is felt and promote the integration of quantitative and qualitative methods to study meanings of pain. For the first time in a book, the study of the meanings of pain is (...) given the attention it deserves. All pain research and medicine inevitably have to negotiate how pain is perceived, how meanings of pain can be described within the fabric of a person’s life and neurophysiology, what factors mediate them, how they interact and change over time, and how the relationship between patient, researcher, and clinician might be understood in terms of meaning. Though meanings of pain are not intensively studied in contemporary pain research or thoroughly described as part of clinical assessment, no pain researcher or clinician can avoid asking questions about how pain is perceived or the types of data and scientific methods relevant in discovering the answers. (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

This article presents standards for setting up and educating institutional ethics committees (IECs). These standards are based on experiences in the Netherlands, where IECs have been established in a large number of health care institutions. Though the IEC has become a generally accepted institution within Dutch health care, there are concerns over its effectiveness regarding the improving of the moral quality of clinical decision making. Health care practitioners and members of IECs too, experience a gap between the IEC and the (...) reality of the clinical environment. At this moment, there is interest in developing programmes which educate practitioners in moral issues and how to deal with them, using the method of a structured debate on the ward. The IEC will not be made obsolete by this development, but can play a guiding role in the implementation of such programmes. Current concerns are the lack of patient representation in the Dutch IEC, and the loss of contact with the local community of health care practitioners because of the merger of hospitals into bodies similar to UK National Health Service (NHS) trusts. (shrink)