I attempt to describe and defend an alternative definition of insanity. I claim that my definition follows from an adequate general understanding of legal excuse and that it describes correctly the question that jurors in the recent Andrea Yates case and others like it ought to be faced with. My essay has three parts. In the first, I briefly criticize M'Naghten- and Durham-inspired insanity statutes. In the second, I sketch and defend a general understanding of legal excuse and try to (...) show how an adequate insanity statute follows from it. Finally, in the third section, I describe and defend a rough version of the statute itself. In the course of doing so, I try to explain why I believe that statute is superior to the American Law Institute's various model insanity statutes. (shrink)

Despite what Peter Singer and Peter Unger believe, no one violates the ‘rescue principle’ when she makes a frivolous purchase instead of giving to a charity like UNICEF. Nor does any one violate a collective action version of the rescue principle when she makes a frivolous purchase instead of giving to a charity. Garrett Cullity is also mistaken in believing that ‘the transitivity of wrongness’ can be used to reach the conclusion that a failure to give to charity is wrong (...) because a failure to save is. This makes it likely that the requirement to give to charity is based not on the requirement to rescue but instead on the moral requirement to marginally improve the ability of charitable organisations to do their important work. (shrink)

Hanna Pitkin argues that Wittgenstein's later philosophy offers a revolutionary new conception of language, and hence a new and deeper understanding of ourselves and the world of human institutions and action.

This paper critiques the biological race realism of Quayshawn Spencer. Spencer's recent embrace of “radical race pluralism” (RRP) is welcome but incomplete, because it needs methods that distinguish different communicative contexts for how American English speakers use “race” and related terms. I offer a pragmatic approach to identifying such contexts that combines pragmatic argumentation theory, rhetorical polysemy, and a pragmatic approach to definition. One consequence of embracing RRP is that Spencer's theory of “OMB race talk” is unsupportable because it collapses (...) three distinct communicative contexts: genomic research, legal and regulatory governance, and ordinary talk. By so doing, OMB race talk blocks attempts to fight racism and violates ethical standards that should allow people the agency to define their own identities. (shrink)

Philosophical defenses of cognitive/evolutionary psychological accounts of racialism claim that classification based on phenotypical features of humans was common historically and is evidence for a species-typical, cognitive mechanism for essentializing. They conclude that social constructionist accounts of racialism must be supplemented by cognitive/evolutionary psychology. This article argues that phenotypical classifications were uncommon historically until such classifications were socially constructed. Moreover, some philosophers equivocate between two different meanings of “racial thinking.” The article concludes that social constructionist accounts are far more robust (...) than psychological accounts for the origins of racialism. (shrink)

From ancient times to the present, the discovery and presentation of new proofs of previously established theorems has been a salient feature of mathematical practice. Why? What purposes are served by such endeavors? And how do mathematicians judge whether two proofs of the same theorem are essentially different? Consideration of such questions illuminates the roles that proofs play in the validation and communication of mathematical knowledge and raises issues that have yet to be resolved by mathematical logicians. The Appendix, in (...) which several proofs of the Fundamental Theorem of Arithmetic are compared, provides a miniature case study. (shrink)

What kind of persons could engage in political torture? Not only the morally impaired who lack empathy or compassion, or even the merely obedient, but also the righteous who struggle with conscience, and the realists who set morality aside.

Religious considerations in medical decision-making have enjoyed newfound attention in recent years, challenging the assumption that the domains of biological and spiritual flourishing can be cleanly separated in clinical practice. A surprising majority of patients desire their physicians to engage their religious and spiritual concerns, yet most never receive such attention, particularly in cases near the end of life where such attention seems most warranted.1–3 As physicians Aparna Sajja and Christina Puchalski recently wrote in the AMA Journal of Ethics theme (...) issue on ‘Religion and Spirituality in Healthcare Practice’, modern medical training is ‘falling short of preparing physicians to help patients with the metaphysical needs of their illness’.4 It would seem then that both patients and physicians might challenge the conclusions proffered by philosophers Jake Greenblum and Ryan Hubbard in ‘Responding to Religious Patients: Why Physicians Have No Business Doing Theology’, in which they claim that physicians ought not to engage religious reasoning for medical decisions. Their conclusion relies on two core arguments: a ‘public reason’ argument and a ‘fiduciary argument’, both of which contend that theology and religious considerations have no place in medical reasoning. We find that two central errors undergird these arguments. First is the fraught notion of an epistemically and ethically normative public reason, and second is a fundamental mischaracterisation of the fiduciary nature of the patient–physician relationship and the nature of medicine itself. In response, we argue that all physicians essentially ‘do theology’ and that, rather than divorcing theology from medical practice, clinicians should make it their business to do theology well. To support the exclusion of religious reasoning from medical decision-making, the authors open with a ‘public reason argument’, suggesting that physicians serve in roles closely resembling those of public officials. As such, the physician as public official ought to limit himself …. (shrink)

In this paper I suggest that becoming, Or passage, Is not merely paradoxical, But positively contradictory. On the assumption that events become, We are entitled to say that at certain times, Certain events are earlier or later, As the case may be, Than such temporal events as the characterization of events by presentness. But since temporal relations are permanent, They cannot be said without contradiction to obtain at any one time as opposed to another.

Certain facts about subjective successions support, I hold, a theory of mind?dependent sensory data. Suppose that no such theory is true and, furthermore, that as one experiences a visual subjective succession, that of which one is visually aware consists typically in a static physical array. Nevertheless one will, I hold, experience a certain change taking place within one's visual field; and under the imagined conditions, it is hard to fathom what this change could be. Various seemingly plausible and helpful suggestions (...) are examined and rejected. I conclude that neither a common?sense realism nor, in fact, any view which rejects mind?dependent sensory data can deal satisfactorily with subjective successions. (shrink)

In this paper I try to defend three claims: first, that there is a requirement to aid and a correlative right to be aided; second, that the conditions under which this right applies can be precisely stated and given a convincing contractualist rationale; and third, that the existence of this right has no relevance for the justifiability of social welfare programs.

The symposium »Does the Concept of ›Truth‹ Have Value in the Pursuit of Cross-Cultural Philosophy?« hones on a methodological question which has deep implications on doing philosophy cross-culturally. Drawing on early Confucian writers, the anchor, Henry Rosemont, Jr., attempts to explain why he is skeptical of pat, affirmative answers to this question. His co-symposiasts James Maffie, John Maraldo, and Sonam Thakchoe follow his trail in working out multi-faceted views on truth from Mexican, Japanese Confucian, and Tibetan Buddhist perspectives respectively. (...) As these positions substantiate, the aforementioned non-Anglo-European traditions seem to draw on an integrated view of thinking, feeling, and living a human life. For their practitioners, truth is less of a correspondence with a given external reality. In fact, it enables human beings to strike the right path in living good, social lives. (shrink)

In this paper I try to defend three claims: first, that there is a requirement to aid and a correlative right to be aided; second, that the conditions under which this right applies can be precisely stated and given a convincing contractualist rationale; and third, that the existence of this right has no relevance for the justifiability of social welfare programs.

MAX WEBER FURNISHES THE ANALOGY ON WHICH THIS ESSAY IS BASED: "This-worldly Protestant asceticism... acted powerfully against the spontaneous enjoyment of possessions; it restricted consumption, especially of luxuries. On the other hand, it had the psychological effect of freeing the acquisition of goods from the inhibitions of traditionalistic ethics. It broke the bonds of the impulse of acquisition in that it not only legalized it, but... looked upon it as directly willed by God.".

With this issue History and Philosophy of Logic begins its twenty-fifth year of publication. In the years since its founding, by virtue of its high standards and broad scope of coverage, it has bec...

In lieu of an abstract, here is a brief excerpt of the content:Reflections on Academic ReflectionJohn D. Copenhaver Jr.Contemplative pedagogy deserves both the careful scrutiny and the sustained exploration that the Society for Buddhist-Christian Studies is uniquely well suited to provide. As higher education comes under increased pressure for accountability, we need to be able to explain clearly both the pedagogical value and academic integrity of these elements in our curriculum. Academics seeking to incorporate contemplative practices into their teaching need (...) to pay careful attention to their institutional setting. While people in all types of higher education may share certain values (e.g., free inquiry, critical thinking, intellectual rigor, clear reasoning), different institutional settings offer different kinds of opportunities and challenges. Shenandoah University, where I teach, is one of five private universities in Virginia related to the United Methodist Church (UMC). All these schools acknowledge the relationship, but some seem rather embarrassed by it. For us it is a warm embrace.In its mission statement, our university characterizes the relationship this way: “As an institution affiliated with the United Methodist Church, Shenandoah University practices the highest ethical standards in its interactions with the community and with students of other faiths.”1 While the university is clear about its church affiliation, the phrase “highest ethical standards in its interaction with students of other faiths” indicates the kind of mutual respect and understanding that characterize pluralism. Among its core values are “respect for diverse cultures, experiences, and perspectives” and “dedication to global outreach.”2 Dedication to “global outreach” sounds like window dressing, but it is genuine. With its Global Citizenship Project, the university funds all expenses for fifty-five students each year to travel to one of five countries over spring break for cultural immersion. This mission statement and our core values make it much easier to root our religious studies curriculum in an atmosphere of religious pluralism than one might expect at a church-related university.Our Department of Religion recognizes two purposes for religious studies. The first is to offer an array courses to meet general education needs for moral reasoning and cross-cultural understanding. One of the department’s goals for general education religion courses is to promote interreligious and multicultural understanding. Another is to serve the church by offering a program to train students for religious leadership roles, called the JustFaith Christian Leadership Program. It is designed to integrate theological education and spiritual formation that promotes social justice. [End Page 41] In the department’s view, this commitment to justice is consistent with our Wesleyan heritage, but is often neglected in churches and rare in higher education. Although our religion major requirements reflect the university’s Christian heritage, we do require a course in world religions and one course in a religious tradition other than Christianity.This institutional setting invites me to teach in very different ways. Of the eight courses I teach over a two-year rotation, two take a philosophical approach, two take a phenomenological approach without any contemplative practices, and two blend the phenomenological approach with contemplative practices.3 The other two I teach “from the inside,” as a Christian ordained in the United Methodist Church. I present my own experience and convictions as part of that tradition, and the course emphasizes religious practices such as fasting, prayer, meditation, contemplative prayer, and/or periods of solitude. This confessional approach would not be possible at a state university, but I think students should have this option at church-related schools. The delicate issue is that most students do not come to our university because of its religious heritage. Our students are much like their counterparts at state universities, and often register for courses on the basis of what fits their academic schedules rather than any particular interest in or affinity for the topic. For this reason, we try to be as clear as possible in course descriptions about the various contents and approaches of our courses. Still, that does not prevent a poorly advised agnostic or atheist from registering occasionally for my course on Christian spirituality. On the first day of class I discuss the confessional nature of the course and the spiritual exercises students will be expected to do. I do not screen anyone... (shrink)

The idea of God’s action in history was prominent in the Biblical theology of the past generation. This theology was generally opposed to philosophic explication of its doctrine of God, and consequently it is difficult to say just what it meant by divine action. In any case, that movement faded and, with it, talk of God’s acts.

All this has been clearly revealed by our philosophies of experience, however muddled they may have been about the nature of "experience" itself. Philosophies of experience have taught most when they have tried to place the world stated and known in the context of the world experienced in other ways, in order to learn and state more. They have taught least when, professedly most empirical, and most positivistic, they have tried to stay as close as possible to the world immediately (...) "given." There is a certain irony about the long and never-ending search for the "given," for what we supposedly start with, that is hardly dispelled by the shouts of triumph each time a new "given" is discovered. To seek to know what the world is like when it is not known, is after all intelligible only as a contribution to making the world better known. Whatever else the world may be when it is not known, it is at least not known. (shrink)