As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, (...) the criminal jurisdiction of the Privy Council, libel, Indian criminal law and offences against religion. (shrink)

teach a course at Harvard with philosopher Robert Nozick and lawyer Alan Dershowitz. We take major issues engaged by each of our professions—from abortion to racism to right-to-die—and we try to explore and integrate our various approaches. We raise many questions and reach no solutions.

A central theme throughout the impressive series of philosophical books and articles Stephen Toulmin has published since 1948 is the way in which assertions and opinions concerning all sorts of topics, brought up in everyday life or in academic research, can be rationally justified. Is there one universal system of norms, by which all sorts of arguments in all sorts of fields must be judged, or must each sort of argument be judged according to its own norms? In The (...) Uses of Argument Toulmin sets out his views on these questions for the first time. In spite of initial criticisms from logicians and fellow philosophers, The Uses of Argument has been an enduring source of inspiration and discussion to students of argumentation from all kinds of disciplinary background for more than forty years. (shrink)

“What did the President know and when did he know it?”Senator Howard Baker, Watergate hearings, 1973Why do scientists accept or reject theories? More specifically: why do they change from one theory to another? What is the role of empirical tests in the evaluation of theories?This paper focuses on a narrowly-defined question: in judging theories, do scientists give greater weight (other things being equal) to successfulnovel predictionsthan to successful deductions of previously-known facts? The affirmative answer is called the “predictivist thesis” (Maher (...) 1988).It is primarily philosophers who are interested in this question, and they have treated it mostly as a normative or logical problem. Can the writings of historians of science tell us how scientists have treated novel predictions in the past? Until recently historians have rarely addressed this point. (shrink)

Can hybridism about moral claims be made to work? I argue it can if we accept the conventional implicature approach developed in Barker (Analysis 2000). However, this kind of hybrid expressivism is only acceptable if we can make sense of conventional implicature, the kind of meaning carried by operators like ‘even’, ‘but’, etc. Conventional implictures are a form of pragmatic presupposition, which involves an unsaid mode of delivery of content. I argue that we can make sense of conventional implicatures, but (...) doing so requires we embrace a form of pure, non-hybrid expressivism. This is a cognitivist expressivism I have developed elsewhere. We need cognitivist expressivism to make sense of how we evaluate—judge as correct or incorrect—implicature-bearing sentences. Once we embraced the possibility of this pure expressivism, we might as well be pure expressivists about normative discourse too. I show how we can do that. The motivations for a specifically hybrid theory are dialectically undercut. (shrink)

S. 39: "My project in this paper is to develop the initial distinction which I have drawn between recognition and appraisal respect into a more detailed and specific account of each. These accounts will not merely be of intrinsic interest. Ultimately I will use them to illuminate the puzzles with which this paper began and to understand the idea of self-respect." 42 " Thus, insofar as respect within such a pursuit will depend on an appraisal of the participant from the (...) perspective of whatever standards are held to be appropriate to the pursuit, such respect will depend on a judgement to which excellences of character are thought relevant. Note that exactly what aspect of the person's character is thought to be relevant in this instance is his recognition respect (or lack of it) for the standards of the pursuit." 44 "This attitude fails of being appraisal respect in that my having it toward the person is conditional on those traits being such as to make him server a particular purpose that I happen to have" 44 - 45 "To sum up: Appraisal respect is an attitude of positibe appraisal of a person either judged as a person or as engaged in some more specific pursuit. In the first case, the appropriate grounds are features of the person's character: dispositions to act for particular reasons or a higher-level disposition to act for the best reasons. In the second case, though features of character do not exhaust the appropriate grounds for appraisal respect, some such character traits will be relevant (recognition respect for the standards of a particular pursuit). Also, the other features which constitute the appoprate excellences of the pursuit must be related to traits of character in the way specified. In both cases, the positive appraisal of the person, and of his traits, must be categorical. It cannot depend on the fact that the person, because of his traits, serves an interest or purpose of one's own." 45 "To have recognition respect for someone as a person is to give appropriate weight to the fact that he or she is a person by being willing to constrain one's behaviour in ways required by that fact." 45 "This is rather different from having an attitude of appraisal respect for someone as a person. The latter is a positive appraisal oif an individual made with regard ti those features which are excellences of persons. As such, it is not owed to everone, for it may or may not be merited. When it is, what is merited is just the positive appraisal itself." 47 "Second, the only beings who are approriate objects of appraisal respect are those who are capable of acting for reasons and hence capable of conceiving of various facts as meriting more or less consideration in deliberation.". (shrink)

Genetic testing technology has brought the ability to predict the onset of diseases many years before symptoms appear and the use of such predictive testing is now widespread. The medical fraternity has met the application of this practice to children with caution. The justification for their predominantly prohibitive stance has revolved around the lack of a readily identifiable medical benefit in the face of potential psychological harms to the child. We argue that predictive testing can have important psychosocial benefits and (...) that the interests of the child have been construed too narrowly. Proponents of a prohibitive stance also argue that testing in childhood breaches the child's future right to make the same decision as an autonomous adult and to maintain this information as confidential. We argue that predictive genetic testing of children is not necessarily a violation of the child's future autonomy. Indeed, in some cases, such testing may facilitate the development of autonomy in the maturing child. We argue that parents are generally best placed to judge what is in their own child's overall interests, and that a parental request for testing after appropriate genetic counselling should be respected unless there is clear evidence that the child will be harmed in an overall sense as a result of testing. (shrink)

There are many analogies between medical and judicial practice. This article explores one such analogy, between “medicalization” and “criminalization.” Specifically, drawing on an analogy between a judge’s speech act of delivering a verdict and a physician’s speech act of giving a diagnosis, it suggests a novel account of the phenomenon of “overdiagnosis.” Using this approach, we can make some headway in understanding debates over the early detection of cancer. The final section outlines the relationship between this approach and familiar (...) debates in philosophy of medicine on the nature of disease and in philosophy of science on the “value-free ideal.”. (shrink)

How do people’s social roles change others’ perceptions of their intentions to cause harm? Three preregistered vignette-based experiments (N = 788) manipulated the social role of someone causing harm and measured how intentional people thought the harm was. Results indicate that people judge harmful consequences as intentional when they think the actor unjustifiably caused harm. Social roles were shown to alter intention judgments by making people responsible for preventing harm (thereby endering the harm as an intentional neglect of one’s (...) responsibilities) or for causing the harm (thereby excusing it as an unintentional byproduct of the role). Additionally, Experiment 3 conceptually replicated and moderated the side-effect effect—revealing that people think harmful side effects are intentional when the harm is unjustified but not when a role’s responsibility justifies it. We discuss the importance of social information—including roles—in how people judge others’ intentions. (shrink)

Hegel, Derrida, and Restricted Economy: The Case of Mechanical Memory STEPHEN HOULGA'FE A GLANCE AT THE TEXTS OF Jacques Derrida and at the texts and lectures of G. W. F. Hegel indicates that Hegel and Derrida are extraordi- narily different thinkers. Hegel is clearly what Derrida would regard as a philosopher of presence, working toward the point "where knowledge no longer needs to go beyond itself, where knowledge finds itself," where con- sciousness is present to itself as it is (...) in itself. 1 Derrida, on the other hand, suggests that everything that is present, here, now, at this moment, bears within it, as constitutive features of itself, the marks or traces of what is irredeemably past, and that, consequently, we can never talk of entities such as ourselves being simply or wholly present to themselves. ~ Derrida claims in Positions that he tries hard to distinguish "diff6rance" from tlegelian "differ- ence," indeed that "diff~rance" might well be defined precisely as "the inter- ruption, the destruction of Hegelian sublation [relive] wherever it operates"; and, to judge at least from the look of his texts, he would seem to have G. W. F. Hegel, Werke in zwamag B~inden, edited by E. Moldenhauer and K. M. Michel, 20 vols. and Index , Ill [Phi~nomenologie des Geistes], 74. For the English translation, see Hegel, Phenomenolog) of Spirit, translated by A. V. Miller, with analysis of the.. (shrink)

Hegel, Derrida, and Restricted Economy: The Case of Mechanical Memory STEPHEN HOULGA'FE A GLANCE AT THE TEXTS OF Jacques Derrida and at the texts and lectures of G. W. F. Hegel indicates that Hegel and Derrida are extraordi- narily different thinkers. Hegel is clearly what Derrida would regard as a philosopher of presence, working toward the point "where knowledge no longer needs to go beyond itself, where knowledge finds itself," where con- sciousness is present to itself as it is (...) in itself. 1 Derrida, on the other hand, suggests that everything that is present, here, now, at this moment, bears within it, as constitutive features of itself, the marks or traces of what is irredeemably past, and that, consequently, we can never talk of entities such as ourselves being simply or wholly present to themselves. ~ Derrida claims in Positions that he tries hard to distinguish "diff6rance" from tlegelian "differ- ence," indeed that "diff~rance" might well be defined precisely as "the inter- ruption, the destruction of Hegelian sublation [relive] wherever it operates"; and, to judge at least from the look of his texts, he would seem to have G. W. F. Hegel, Werke in zwamag B~inden, edited by E. Moldenhauer and K. M. Michel, 20 vols. and Index, Ill [Phi~nomenologie des Geistes], 74. For the English translation, see Hegel, Phenomenolog) of Spirit, translated by A. V. Miller, with analysis of the... (shrink)

This paper investigates young children's knowledge of scalar implicatures and downward entailment. In previous experimental work, we have shown that young children access the full range of truth-conditions associated with logical words in classical logic, including the disjunction operator, as well as the indefinite article. The present study extends this research in three ways, taking disjunction as a case study. Experiment 1 draws upon the observation that scalar implicatures (SIs) are cancelled (or reversed) in downward entailing (DE) linguistic environments, e.g., (...) in the scope of negation (Chierchia, 2000). Experiment 2 was designed to determine if scalar implicatures are used by children, like adults, to influence the interpretation of disjunction in non-DE contexts, yielding an implicature of exclusivity for disjunction. Whereas adult controls always rejected assertions of the form A or B in positive (non-DE) contexts in which assertions of the form A and B were also true, many children accepted assertions with disjunction in such contexts. To provide an interpretation to the findings from Experiment 2, a new experimental technique was devised and used in Experiment 3. The new technique presents pairs of assertions to children, who are asked to judge which assertion is a ‘better’ description of the context. The findings from Experiment 3 demonstrated children's awareness that A and B is more informative than A or B in positive contexts, where both statements are true. Taken together, the findings of Experiments 2 and 3 are compatible with the view that some children lack the computational resources to apply scalar implicatures when a single assertion is presented alone (see Reinhart, 1999). (shrink)

Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...) can countenance, and to the specific institutions in China that might enable the realization of a genuine and/or decent democratic centralism. The author argues that by considering both inside and outside perspectives, and the degrees to which they inter-penetrate and critically inform one another, we can engage in a global philosophy that neither pre-judges alternative political traditions nor falls prey to false conceptual barriers. (shrink)

"World hypotheses" correspond to metaphysical systems, and they may be systematically judged by the canons of evidence and corroboration. In setting forth his root-metaphor theory and examining six such hypotheses—animism, mysticism, formism, mechanism, contextualism, and organicism—Pepper surveys the whole field of metaphysics. Because this book is an analytical study, it stresses issues rather than men. It seeks to exhibit the sources of these issues and to show that some are unnecessary; that the rest gather into clusters and are interconnected in (...) systems corresponding closely to the traditional schools of philosophy. The virtue of the root-metaphor method is that it puts metaphysics on a purely factual basis and pushes philosophical issues back to the interpretation of evidence. This book was written primarily as a contribution to the field, but its plan excellently suits it for use as a text in courses in metaphysics, types of philosophical theory, or present tendencies in philosophy. (shrink)

The “lost” Yaḥyā ibn ʿAdī treatises recently discovered in the Tehran codex Marwī 19 include a record of a philosophical debate instigated by the Ḥamdānid prince Sayf-al-Dawla. More precisely, Marwī 19 contains Yaḥyā’s adjudication of a dispute between an unnamed Opponent and Yaḥyā’s younger relative Ibrāhīm ibn ʿAdī (who also served as al-Fārābī’s assistant), along with Ibrāhīm's response to Yaḥyā’s adjudication, and Yaḥyā’s final word. At issue was a problem of Aristotelian exegesis: should “body” be understood as falling under the (...) category of substance or under the category of quantity? The unnamed Opponent argues that body is a species of substance; Ibrāhīm argues that technically speaking, body is a species of quantity, and hence an accident; and Yaḥyā judges that body is a species of substance, though for very different reasons than the Opponent gives. For the first time, the Arabic text of this exchange is edited and translated into English. Also provided is an Introduction that sets the debate in historical context, and discusses in particular the possible influence of John Philoponus. The debate is interesting and important not only because of the philosophical ramifications of the issues under discussion, but because it constitutes evidence of dialectical practice among Arabic-speaking philosophers from the middle of the 10th century. (shrink)

Rather than ask if expertise is under threat, this paper uses case studies to show how expertise is enabled. Its appearance can be traced to how the already known evokes sensibility, judging, thinking and languaging. As defined below, it draws on epistemic cycles. Using Secchi and Cowley’s (2021) 3M model, this posits a second cut between the micro and the macro. In the mesosphere, people create temporary domains or what William James (1991) calls ‘little worlds’. Within these corpora popularia, the (...) new is made possible – expertise sets off unimagined outcomes. Thus, many concerns cannot be solved by scientific correlates of a natural ontological attitude: indeed, the truism clarifies many social challenges. We lack social institutions that dedicate expertise to goals like ecosocial justice and life-sustaining relations. Once the necessary expertise is traced to epistemic cycles, we can demand of institutions that they create bodies that seek to bring a rich future to evolution. (shrink)

Since the heyday of ordinary language philosophy, Anglophone epistemologists have devoted a great deal of attention to the English word ‘know’ and to English sentences used to attribute knowledge. Even today, many epistemologists, including contextualists and subject-sensitive invariantists are concerned with the truth conditions of “S knows that p,” or the proposition it expresses. In all of this literature, the method of cases is used, where a situation is described in English, and then philosophers judge whether it is true (...) that S knows that p, or whether saying “S knows that p” is false, deviant, etc. in that situation. However, English is just one of over 6000 languages spoken around the world, and is the native language of less than 6% of the world’s population. When Western epistemology first emerged, in ancient Greece, English did not even exist. So why should we think that facts about the English word “know,” the concept it expresses, or subtle semantic properties of “S knows that p” have important implications for epistemology? Are the properties of the English word “know” and the English sentence ‘S knows that p’ shared by their translations in most or all languages? If that turned out to be true, it would be a remarkable fact that cries out for an explanation. But if it turned out to be false, what are the implications for epistemology? Should epistemologists study knowledge attributions in languages other than English with the same diligence they have shown for the study of English knowledge attributions? If not, why not? In what ways do the concepts expressed by ‘know’ and its counterparts in different languages differ? And what should epistemologists make of all this? (shrink)

In 1932, as America struggled to overcome the great economic depression and Hitler was taking power in Germany, Dewey issued a challenge to teachers. Based upon what he viewed as the principle by which to judge "the processes of education, formal and informal," he urged teachers to embrace the following goal: "Education should create an interest in all persons in furthering the general good, so that they will find their own happiness realized in what they can do to improve (...) the conditions of others" (LW 7: 243).In setting this challenge to teachers, Dewey has in mind helping students develop their character in two ways. First, teachers should nurture students' sensitivity to the impact of their speech and actions .. (shrink)

Hume's account of the passions is largely neglected because the author's purposes tend to be missed. The passions were accepted by early modern philosophers, of whatever persuasion, as the mental effects of bodily processes. The dualist and the materialist differed over whether reason is a higher power able to judge and control them: thus Descartes affirms, whereas Hobbes denies, this possibility.Hume's account lines up firmly behind Hobbes. Although he shies away from Hobbes's dogmatic physiological claims, he affirms all the (...) key elements of the psychology Hobbes based on them: the nature of the will, the compatibility of freedom and necessity, the subservience of reason to passion, and the motivating power of pleasure and pain. Hume's account is thus best regarded as implicitly materialist. It is not, however, merely disinterested analysis: it aims at criticism of orthodox religious values. The passions are not threats to morality, but virtuous or vicious according to their pleasurable or painful nature. Thus the status of pride and humility is reversed. Hume's account of the passions underpins a rejection of orthodox religious morals, and endorses the values of antiquity — of pagan virtue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:There's Nothing Wrong with Raw Perception:A Response to Chakrabarti's Attack on Nyāya's Nirvikalpaka PratyakṣaStephen H. PhillipsIn the lead article of the fiftieth anniversary issue of Philosophy East and West (January 2000), Arindam Chakrabarti elaborates seven reasons why Nyāya should jettison "indeterminate perception" and view all perception as determinate, that is to say, as having an entity (a) as qualified by a qualifier (F) as object (Fa). In his notes, (...) Chakrabarti invites a reply "so that," as he says, "I may know why immaculate perception is needed by Nyāya after all." The following is a response that shows not so much why indeterminate perception is needed by Nyāya but why it is identified as a causal factor necessary to the arising of some (not all) determinate perception defined as "perception of an entity as qualified." Here I follow Gaṅgeśa Upādhyāya, the fourteenth-century founder (with the help of a few less well known predecessors and contemporaries) of "New Logic," Navya Nyāya. Gaṅgeśa devotes an entire section (about one eighteenth) of the perception chapter of his monumental Tattvacintāmaṇi (Jewel of Reflection about Epistemology) to nirvikalpaka pratyaksṣa,1 and he is a chief target of Chakrabarti's chastisement.2Now, first of all, I want to follow Gaṅgeśa's ground rules. The Naiyāyika is not concerned with strategies about how to look good in debates (with Buddhists or anyone else). His attitude is truth-seeking, not eristic, and thus no reply will be given to Chakrabarti's agonizing about how best to show ourselves in controversies with (in particular, Buddhist) adversaries (and Wilfrid Sellars). Gaṅgeśa's reflections are vāda—and the section is rightly titled nirvikalpaka-vāda, vāda being "inquiries among friends"—directed to uncovering real causal factors, not to winning a debate or countering sophisms. Deception, or counter-deception, is sometimes appropriate—for instance, to protect a student or other judge from fallacies advanced by people of bad character. But not here. So I will lay out Gaṅgeśa's argument for identifying nirvikalpaka pratyaksṣa, and then run through Chakrabarti's list of reasons for rejecting it with an eye to the objection's salience to Gaṅgeśa's project. In other words, Chakrabarti's objections will be taken up with an eye to the truth as it appears to a Naiyāyika, not with an eye to how our team should best present itself to outsiders. I have little to say about Chakrabarti's complaints about appearances—in fact, I find them delightful. Don't let him fool you. There's no greater Naiyāyika enthusiast than Chakrabarti himself, and he knows how to distill a controversy to show the wisdom [End Page 104] of Nyāya in contrast to revealing a deficiency, as he appears to be doing here. He does this to make us think broadly about Nyāya in a contemporary context. And at the end I join him in making some very general comments about Nyāya's realism. First, Gaṅgeśa's argument and a rebuttal of Chakrabarti's seven reasons from Gaṅgeśa's point of view.There is no direct, apperceptive evidence for nirvikalpaka pratyaksṣa; rather, it is posited by force of the following inference as the first step of a two-step argument. "The perceptual cognition, 'A cow' (for example), is generated by a cognition of the qualifier, since it is a cognition of an entity as qualified (by that qualifier appearing), like an inference." The second step takes a person's first perception of an individual (Bessie, let us say) as a cow (i.e., as having some such property) as the perceptual cognition figuring as the inference's subject (or pakṣa) such that the cognizer's memory not informed by previous cow experience could not possibly provide the qualifier, cowhood. The qualifier has to be available, and the best candidate seems to be its perception in the raw, a qualifier (cowhood), that is to say, not (as some are wont to misinterpret the point... (shrink)

It is a mistake to think that instrumental rationality fixes a single standard for judging or describing actions. While there is a core conception of instrumental rationality, we appeal to different elaborations of that conception for different purposes. An action can be instrumentally rational in some sense(s) but not in others. As we learn more about behavior, it is possible to add useful elaborations of the core conception of instrumental rationality. In this paper, I propose a new elaboration based on (...) Frederic Schick's work on understandings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Minds, Memes, and MultiplesStephen R. L. Clark (bio)AbstractMultiple Personality Disorder is sometimes interpreted as evidence for a radically pluralistic theory of the human mind, judged to be at odds with an older, monistic theory. Older philosophy, on the contrary, suggests that the mind is both plural (in its sub-systems or personalities) and unitary (in that there is only one light over all those lesser parts). Talk of gods and (...) demons has been a way of arranging elements of human mind and motivation. The one light, or center, is something which requires mental discipline to discover rather than being immediately obvious. This indeed is what even Descartes (sometimes blamed for introducing the notion of a simple, transparent self) really intended. Discovering or uncovering the Self is a psychotherapeutic as well as a philosophical imperative.Keywordsconsciousness, gods, Multiple Personality Disorder, passivity, thought alienationMultiple Personality 1The phenomena popularly identified as evidence of “multiple personality disorder” are strangely attractive. The stories suggest that those who provide, who are, the evidence for this disorder are usually in acute distress, but those who wish to believe in it find the idea almost exhilarating. Most of us would rather wish to think that we had undeveloped possibilities, that it would be exciting to be a married academic today, a celibate bus-driver tomorrow and a teenage hooligan on Sundays. The impulse to put aside our duties, or our habits, can be a powerful one, and only the sober thought that we would not, after all, succeed in keeping our lives separate keeps us single. The notion that there are people who take the risk, that our bodies could house a multitude, is one we would wish to believe. At the same time, we wish to remember that such divisions bring their own problems, and as easily suspect that those who apparently succeed in dividing themselves up must have suffered serious trauma in the past, and be plagued by missed appointments and self-hatred in the present. Some of us believe that “multiple personality” reveals a truth about us all, that none of us is actually the simple, heroic self that we pretend: “the self” is only an occasionally concordant swarm of impulses, easily divided. Others of us suspect that it is a wish to avoid responsibility, and guilt, that causes some of us to pretend not to be the selves that actually we are (see Rycroft 1987).On earlier occasions (notably Clark 1991b), I have myself expressed some doubt about reports of Multiple Personality Disorder, and suggested that they should be seen as fictions or dramatic representations (whether by the patient or the reporter) which should not be judged as “true” or “false,” but rather as “interesting” or “pernicious.” Stephen Braude, in a recent excellent book, seems at first to side with the true believers: it is absurd, he suggests, not to believe the many reports of fugue, discordance and fully developed multiples (Braude 1991; see also Wilkes 1984, [End Page 21] Brennan 1990). Maybe a few such reports are over-credulous: it would not be surprising that the occasional clever criminal successfully pretended not to know what an alien other did with his body. But there are, he says, too many independent records to disbelieve, and not only the distant stories of Miss Beauchamp (Prince 1908) or Eve (Thigpen & Cleckley 1954, 1957). Since the 1970s the number of reported cases has been rising again. It may be that some, many, or all the cases are artifacts, in the sense that the doctor’s expectations helped to produce or develop the varied personalities: “when a client walks into the therapist’s office and sits down, the expectation framework of the therapist immediately comes into play” (Crabtree 1985, 211; see also Hawthorn 1983). But the evidence is also compatible with the thought that psychotherapeutic fashion now allows the therapist to notice, rather than invent, the phenomena. Multiples often wish to conceal their condition, it is said, and only observers alerted to the possibility will notice them. Conscious or half-conscious role-playing, which would perhaps be less philosophically interesting, cannot explain more than a few of the cruder cases.In short... (shrink)

Interrogational torture is torture that is done in order to gain information. It is wrong if it either wrongs the person being interrogated or is a free-floating wrong. In the relevant cases, interrogational torture need not wrong the person being interrogated. This is because in many cases it doesn’t, and is known not to, infringe on the tortured person’s moral rights. It is not clear whether interrogational torture is a free-floating wrong since we lack confidence in judging whether it violates (...) a consequentialist duty. Even if interrogational torture is morally permissible, it doesn’t follow that it is the best policy for a country to adopt. (shrink)

Although Kant is often interpreted as an Enlightenment Deist, Kant scholars are increasingly recognizing aspects of his philosophy that are more amenable to theism. If Kant regarded himself as a theist, what kind of theist was he? The theological approach that best fits Kant’s model of God is panentheism, whereby God is viewed as a living being pervading the entire natural world, present ‘in’ every part of nature, yet going beyond the physical world. The purpose of Kant’s restrictions on our (...) knowledge of God is not to cast doubt on God’s existence, but to preserve a mystery in God’s reality so that God is always more than the world as we experience it. The same God who is theoretically unknowable is also an aspect of the moral substratum of the physical world. Kant’s moral Trinity (God as righteous Lawgiver, benevolent Ruler, and just Judge) permeates everything, as the ultimate unifier of reason and nature. This Paper was delivered during the 2007 APA Pacific Mini-Conference on Models of God, together with papers published in Philosophia 35:3–4. (shrink)

With great energy and clarity, Sir James Fitzjames Stephen (1829-1894), author of History of the Criminal Law of England, and judge of the High Court from 1879-91, challenges John Stuart Mill's On Liberty and On Utilitarianism, arguing that ...

Throughout history no mere mortal has been more revered and esteemed by so many diverse people than Abraham, great patriarch of the three enduring monotheistic religions. Yet Judaism, Christianity and Islam all agree that this man attempted to kill his own, innocent son, an act so dastardly that it would normally be judged both immoral and illegal in any civil society. Surprisingly, the scriptures of these three religious faiths praise Abraham for this very act, justifying it in very different ways, (...) but all portraying it as the paradigm of religious obedience. (shrink)

I offer an analysis of the role played by consideration of an item's functions when it is judged aesthetically. The account applies also to artworks, of which some serve extrinsic functions (such as the glorification of God and the communication of religious lore) and others have the function of being contemplated for their own sake alone. Along the way, I deny that aesthetic judgements fit the model of judgements either of free beauty or of dependent beauty, given how these two (...) came to be described in the early twentieth century. (shrink)

In this article, we present evidence that in four different cultural groups that speak quite different languages there are cases of justified true beliefs that are not judged to be cases of knowledge. We hypothesize that this intuitive judgment, which we call “the Gettier intuition,” may be a reflection of an underlying innate and universal core folk epistemology, and we highlight the philosophical significance of its universality.

Schellenberg’s Wisdom to Doubt uses a “meta-evidential condition constraining assent” that I dub MECCA. On MECCA, my total current evidence E may be good evidence for H, yet not justify my believing H, due to meta-evidential considerations giving me reason to doubt whether E is “representative” of the total evidence E* that exists. I argue that considerations of representativeness are implicit in judging that E is good evidence, rendering this description incoherent, and that Schellenberg’s specific meta-evidence has less trumping power (...) than he thinks. (shrink)

Are theories judged on the basis of empirical tests of their predictions, as proposed by Karl Popper and others, or are new theories adopted by younger scientists while old theories fade away when their advocates die, as Max Planck suggested? A famous historical episode, the rejection of steady state cosmology and the revival of the big bang cosmology following the 1965 discovery of the cosmic microwave background radiation, is examined to determine whether the scientific community followed Popper’s or Planck’s principle. (...) It is found that by 1975 almost all supporters of the steady state had either switched to the big bang or stopped publishing on cosmology. This case therefore seems to exemplify Popper’s principle, although it should be noted that two of the founders of steady state cosmology had strongly proclaimed their adherence to that principle. The case does not support the Popperian claim that successful novel predictions provide better evidence for a theory than deductions of known facts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:There's Nothing Wrong with Raw Perception:A Response to Chakrabarti's Attack on Nyāya's Nirvikalpaka PratyakṣaStephen H. PhillipsIn the lead article of the fiftieth anniversary issue of Philosophy East and West (January 2000), Arindam Chakrabarti elaborates seven reasons why Nyāya should jettison "indeterminate perception" and view all perception as determinate, that is to say, as having an entity (a) as qualified by a qualifier (F) as object (Fa). In his notes, (...) Chakrabarti invites a reply "so that," as he says, "I may know why immaculate perception is needed by Nyāya after all." The following is a response that shows not so much why indeterminate perception is needed by Nyāya but why it is identified as a causal factor necessary to the arising of some (not all) determinate perception defined as "perception of an entity as qualified." Here I follow Gaṅgeśa Upādhyāya, the fourteenth-century founder (with the help of a few less well known predecessors and contemporaries) of "New Logic," Navya Nyāya. Gaṅgeśa devotes an entire section (about one eighteenth) of the perception chapter of his monumental Tattvacintāmaṇi (Jewel of Reflection about Epistemology) to nirvikalpaka pratyaksṣa,1 and he is a chief target of Chakrabarti's chastisement.2Now, first of all, I want to follow Gaṅgeśa's ground rules. The Naiyāyika is not concerned with strategies about how to look good in debates (with Buddhists or anyone else). His attitude is truth-seeking, not eristic, and thus no reply will be given to Chakrabarti's agonizing about how best to show ourselves in controversies with (in particular, Buddhist) adversaries (and Wilfrid Sellars). Gaṅgeśa's reflections are vāda—and the section is rightly titled nirvikalpaka-vāda, vāda being "inquiries among friends"—directed to uncovering real causal factors, not to winning a debate or countering sophisms. Deception, or counter-deception, is sometimes appropriate—for instance, to protect a student or other judge from fallacies advanced by people of bad character. But not here. So I will lay out Gaṅgeśa's argument for identifying nirvikalpaka pratyaksṣa, and then run through Chakrabarti's list of reasons for rejecting it with an eye to the objection's salience to Gaṅgeśa's project. In other words, Chakrabarti's objections will be taken up with an eye to the truth as it appears to a Naiyāyika, not with an eye to how our team should best present itself to outsiders. I have little to say about Chakrabarti's complaints about appearances—in fact, I find them delightful. Don't let him fool you. There's no greater Naiyāyika enthusiast than Chakrabarti himself, and he knows how to distill a controversy to show the wisdom [End Page 104] of Nyāya in contrast to revealing a deficiency, as he appears to be doing here. He does this to make us think broadly about Nyāya in a contemporary context. And at the end I join him in making some very general comments about Nyāya's realism. First, Gaṅgeśa's argument and a rebuttal of Chakrabarti's seven reasons from Gaṅgeśa's point of view.There is no direct, apperceptive evidence for nirvikalpaka pratyaksṣa; rather, it is posited by force of the following inference as the first step of a two-step argument. "The perceptual cognition, 'A cow' (for example), is generated by a cognition of the qualifier, since it is a cognition of an entity as qualified (by that qualifier appearing), like an inference." The second step takes a person's first perception of an individual (Bessie, let us say) as a cow (i.e., as having some such property) as the perceptual cognition figuring as the inference's subject (or pakṣa) such that the cognizer's memory not informed by previous cow experience could not possibly provide the qualifier, cowhood. The qualifier has to be available, and the best candidate seems to be its perception in the raw, a qualifier (cowhood), that is to say, not (as some are wont to misinterpret the point... (shrink)

This first part of a two-part series exploring implications of the natural differences between the sexes for the cultural evolution of marriage assesses whether Kant should be condemned as a sexist due to his various offensive claims about women. Being antithetical to modern-day assumptions regarding the equality of the sexes, Kant’s views seem to contradict his own egalitarian ethics. A philosophical framework for making cross-cultural ethical assessments requires one to assess those in other cultures by their own ethical standards. Sexism (...) is inappropriate if it exhibits or reinforces a tendency to dominate the opposite sex. Kant’s theory of marriage, by contrast, illustrates how sexism can be egalitarian: given the natural differences between the sexes, different roles and cultural norms help to ensure that females and males are equal. Judged by the standards of his own day and in the context of his philosophical system, Kant’s sexism is not ethically inappropriate. (shrink)

Greco-Roman philosophers and historians frequently attempted to define the human being vis-á-vis other animals by isolating capacities, intellectual, physical, and emotional, judged unique to humans. The Stoic claim that only humans have a sense of shame because only humans are rational and therefore capable of emotions, which entail reasoning, was contradicted by other philosophers and naturalists who argued that some animal behaviors were analogous to behavior in humans that indicate shame. Ancient debates on both sides of the issue of animal (...) emotions are paralleled in current philosophy and cognitive ethology employing anecdotal and anthropomorphizing arguments that mirror classical examples. (shrink)

As a leading judge of seventeenth century Scotland, Viscount Stair (1619−1695) was a significant public figure in the immediate period before the Scottish Enlightenment. Indeed, he offers a vital but often overlooked insight into the intellectual life of Scotland during his lifetime. However, as Stair never published anything specifically on moral philosophy, this article asks if it is possible to reconstruct a moral theory on his behalf based on his printed legal and theological works. On the assumption that this (...) is feasible, this article examines how Stair’s moral theory relates to the Scottish variant of natural jurisprudence. In response to these questions, the analysis offered here argues that one can constructure answers to central questions of moral philosophy from Stair’s printed works, and further that it is possible to classify his moral theory as an early example of Scottish natural jurisprudence. Although there are acknowledged challenges in reconstructing his moral theory, it is suggested by the argument below that, to fully grasp the intellectual life of seventeenth century Scotland, we may need to engage more deeply with the theological works of seventeenth century Scots as well as adopt resourceful methods to build a picture of seventeenth century ideas relating to morality. (shrink)

Philosophers working in the nascent field of ‘experimental philosophy’ have begun using methods borrowed from psychology to collect data about folk intuitions concerning debates ranging from action theory to ethics to epistemology. In this paper we present the results of our attempts to apply this approach to the free will debate, in which philosophers on opposing sides claim that their view best accounts for and accords with folk intuitions. After discussing the motivation for such research, we describe our methodology of (...) surveying people’s prephilosophical judgments about the freedom and responsibility of agents in deterministic scenarios. In two studies, we found that a majority of participants judged that such agents act of their own free will and are morally responsible for their actions. We then discuss the philosophical implications of our results as well as various difficulties inherent in such research. (shrink)

Everyone knows what it is to feel a conflict between a ‘non-rational’ desire and reason, as e.g., when we want a second dish of ice cream but think it would be unwise to take it. In such cases we commonly think of our desires as unreasonable: they prompt us to perform some action contrary to our deliberations. Nevertheless, most of us assume that reason can move us: that simply recognizing an act as the most reasonable thing to do gives us (...) a motive to do it — even if in fact we do not perform that action. If we do not eat the second dish of ice cream we are disposed to think that we did not because we judged it unwise. If, on the other hand, we do eat the second dish, we are disposed to think we did because we were more strongly inclined toward eating than not eating, even though we were inclined toward refraining because we judged eating unwise. This is the position of the man on the street. It is the commonsensical notion of reason, motivation, and their relationship. (shrink)

This collection of inspiring and simple-to-use activities will jumpstart students' understanding of philosophy, and is a treasure trove of ideas for building philosophical enquiry into the curriculum. It offers teachers a range of quick, easy and effective ways for developing children's comprehension of and engagement with philosophy, and will help them 'learn how to learn'. With a wealth of activities, including puzzles, class discussion techniques and group tasks, Jumpstart! Philosophy in the Classroom covers the following topics: curiosity and imagination language (...) for thinking critical thinking creating a community of enquiry. Practical and immersive methods will encourage children to think, analyse, evaluate, discuss, judge and arrive at reasoned conclusions across all areas of the curriculum, stimulating philosophical conversation and changing the way that content is processed and understood in the classroom. This book will be a vital resource for all those who want to develop thinking skills and philosophical enquiry in their school. (shrink)

Part I will deal with the central system of metaphysics that Armstrong developed between 1978 and 1997. This will concern, in turn, the major topics of universals, laws, modality, facts or states of affairs, and dispositions. It will be demonstrated how Armstrong’s distinct contributions to these separate problems came together in a unified and systematic account such that he could be judged as holding a single, very appealing, metaphysical theory.

Research on human subjects aims to obtain knowledge of vital importance for human health and functioning. Neuroscientific research specifically is understood as oriented towards three goals: the maintenance of neurological health, the treatment of neurological diseases or syndromes, and the enhancement of neurological functioning. Most guidelines or regulations for pediatric research (whether in the U.S. or elsewhere) require that if a research intervention exposes subjects to more than minimal risk, a prospect of direct benefit is required—along with some other important (...) criteria. It is also required for any research project, that the methods and design will yield scientifically valid knowledge. This is typically met via placebo-controlled trials. This chapter presents an argument to the effect that more than minimal risk research on pediatric subjects cannot meet both ethical requirements. The basic idea is that either the subjects in the control or experimental arm will receive a prospect of direct benefit, but not both. This chapter also argues that the ethical weight or importance of this dilemma is very acute for neuroscientific research given the complexity of the brain’s functioning and the correlated difficulty of judging whether there is a “prospect” of direct benefit. The second half responds to this argument via a case study in neuroscientific research. The solution recapitulates a type of component analysis according to which different ethical principles apply to different activities of a research study. (shrink)

If consent is valid (that is, morally transformative), then in every case it is either valid or invalid. This is because of the notion that (when valid) consent eliminates a right and a person either has or lacks a right against another. A parallel problem to the paradox of symmetrical attackers applies to consent. That is, there is a case in which two people neither consent nor do not consent to one another. As a practical matter, attorneys, judges, legislators, physicians, (...) and sex partners should not treat consent as morally significant, except perhaps as defeasible evidence of what makes another person’s life go better. They might still want to follow the law because there is likely a duty to follow law even when its purported justification is mistaken. (shrink)

_In the normal course of events, children manifest linguistic competence equivalent to that of adults in just a few years. Children can produce and understand novel sentences, they can judge that certain strings of words are true or false, and so on. Yet experience appears to dramatically underdetermine the com- petence children so rapidly achieve, even given optimistic assumptions about children’s nonlinguistic capacities to extract information and form generalizations on the basis of statistical regularities in the input. These considerations (...) underlie various (more specific) poverty of stimulus arguments for the innate specification of linguistic principles. But in our view, certain features of nativist arguments have not yet been fully appreciated. We focus here on three (related) kinds of poverty of stimulus argument, each of which has been supported by the findings of psycholinguistic investigations of child language. (shrink)

The moral/conventional task has been widely used to study the emergence of moral understanding in children and to explore the deficits in moral understanding in clinical populations. Previous studies have indicated that moral transgressions, particularly those in which a victim is harmed, evoke a signature pattern of responses in the moral/conventional task: they are judged to be serious, generalizable and not authority dependent. Moreover, this signature pattern is held to be pan‐cultural and to emerge early in development. However, almost all (...) the evidence for these claims comes from studies using harmful transgressions of the sort that primary school children might commit in the schoolyard. In a study conducted on the Internet, we used a much wider range of harm transgressions, and found that they do not evoke the signature pattern of responses found in studies using only schoolyard transgressions. Paralleling other recent work, our study provides preliminary grounds for skepticism regarding many conclusions drawn from earlier research using the moral/conventional task. (shrink)

In this response, I accept some of McDowell’s criticisms of my presentation of his views in my essay, but argue that his understanding of Hegel remains problematic. In particular, I claim that he fails to see that, for Kant, intuitional unit y is inseparable from judging; that his understanding of Hegelian absolute knowing is wrong as it stands ; that he fails to see that self-consciousness aims, not to overcome the specific antithesis between self-consciousness and the empirical world, but to (...) achieve explicit consciousness of itself in its relation to what is other, and that this requires it to relate to another self-consciousness; and that the implications of his idea that Hegel’s account of the life and death struggle and the master/slave relation is “allegorical” remain unclear. (shrink)