Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...) the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning--how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality. (shrink)

The field of hate crime research addresses the presence, sources and impact of particular types of expressions of prejudice, often perceived as particularly damaging and hurtful forms of interpersonal abuse and violence. Little, if any, credible academic research seeks to vindicate the specific racist, gendered and other vicious prejudices articulated by many perpetrators of hate crime. In turn, this raises the reflexive question of the possibilities of researchers themselves ever being able to adopt a truly "unprejudiced" approach to the presence (...) of such damaging prejudices. Can this goal be realised without a researcher necessarily losing an experientially-grounded understanding of what these meanings, values and purposes have come to mean, and how they are themselves interpretatively re-constituted anew, including within the lived experience of victims, witnesses, police, prosecutors, judges and victim support workers? A possible philosophically-informed approach to the dilemmas posed by this topic is offered by Husserl's phenomenology. Husserl's perpetually unfinished philosophical methodology strives, with concerted if sometimes tragic reflective rigor, to "suspend," "bracket out" and "neutralise" those core presuppositions constitutive of the research field that typically pre-judge precisely whatever demands to be questioned and explored in a radically non-prejudicial manner. This study critically explores the possibilities, reflective stages and theoretical limitations of a sympathetically reconstructed Husserlian approach to hate crime, itself understood as a would-be qualitative "science of consciousness." It argues that despite its manifest tensions, gaps, ambiguities and internal contradictions, aspects of the Husserlian philosophical approach directed towards the different levels of experienced hate crime still retain the potential to both challenge and advance our understanding of this topic. It is the "instructive" part of "instructive failure" that this article highlights. (shrink)

Human behavior is frequently described both in abstract, general terms and in concrete, specific terms. We asked whether these two ways of framing equivalent behaviors shift the inferences people make about the biological and psychological bases of those behaviors. In five experiments, we manipulated whether behaviors are presented concretely (i.e. with reference to a specific person, instantiated in the particular context of that person’s life) or abstractly (i.e. with reference to a category of people or behaviors across generalized contexts). People (...) judged concretely framed behaviors to be less biologically based and, on some dimensions, more psychologically based than the same behaviors framed in the abstract. These findings held true for both mental disorders (Experiments 1 and 2) and everyday behaviors (Experiments 4 and 5) and yielded downstream consequences for the perceived efficacy of disorder treatments (Experiment 3). Implications for science educators, students of science, and members of the lay public are discussed. (shrink)

The author indicates some ways in which cartesian dualists can counter strawson's argument that no cartesian mind can be identified either by itself or by other such minds. Judging the identification argument inconclusive, The author formulates what he regards as a more effective argument against cartesian dualism. The argument is to the effect that cartesian dualism promises no satisfactory account of the unity of a mind. Noting that a cartesian mind is presumed to be the subject of a multiplicity of (...) simultaneous and successive experiences, The author thinks it legitimate to ask how the attribution of many experiences to the same subject is possible. He considers and rejects some answers that could be given in the framework of cartesian dualism. (shrink)

In this dissertation I explore Frege’s conception of truth. In particular I defend the thesis that Frege in his mature career takes truth to be an object, i.e., the True qua the reference of true sentences. In the literature on truth Frege has been usually taken to be a truth deflationist or a truth primitivist. Indeed Frege leaves a number of comments that sound like typical deflationist claims and his famous indefinability argument is the most discussed argument for primitivism. However, (...) Frege is neither a deflationist nor a primitivist. His deflationist remarks and the indefinability argument are rather his arguments that truth is an object. -/- For Frege judging—and its verbal counterpart asserting—is always acknowledging the truth of a truth-bearer. Thus, if truth is an object for him, his conception of judgment ought to also be adjusted accordingly. Indeed Frege shows how we can understand judgment qua acknowledgment of truth if truth is an object. Specifically, judging that p is identifying the True with the reference of ‘p’ non-judgmentally, i.e., without judging that p is identical with the reference of ‘p’. Frege’s conception of judgment impacts his conception of knowledge because the act of judging is that of producing knowledge. In a nutshell our act of judging and the knowledge we produce by it are epistemically grounded in our objectual knowledge of the True. If we take this point into account, we can develop a new reading of Frege’s claim that logic is the science of truth. -/- The suggested reading of Frege’s conception of truth and related notions can make a contribution to contemporary philosophical problems. First, Frege’s conception of judgment can cope with Peter Hanks’s recent criticisms of the Fregean picture of judgment in general. Secondly, his conception of assertion can explain the connection between truth and assertion in a novel way. Lastly, Frege’s conception of knowledge can be developed into a new theory of knowledge where objectual knowledge is more fundamental than propositional knowledge. (shrink)

As documented by Darwin 150 years ago, emotion expressed in human faces readily draws our attention and promotes sympathetic emotional reactions. How do such reactions to the expression of emotion affect our goal-directed actions? Despite the substantial advance made in the neural mechanisms of both cognitive control and emotional processing, it is not yet known well how these two systems interact. Here, we studied how emotion expressed in human faces influences cognitive control of conflict processing, spatial selective attention and inhibitory (...) control in particular, using the Eriksen flanker paradigm. In this task, participants viewed displays of a central target face flanked by peripheral faces and were asked to judge the gender of the target face; task-irrelevant emotion expressions were embedded in the target face, the flanking faces, or both. We also monitored how emotion expression affects gender judgment performance while varying the relative timing between the target and flanker faces. As previously reported, we found robust gender congruency effects, namely slower responses to the target faces whose gender was incongruent with that of the flanker faces, when the flankers preceded the target by 0.1 s. When the flankers further advanced the target by 0.3 s, however, the congruency effect vanished in most of the viewing conditions, except for when emotion was expressed only in the flanking faces or when congruent emotion was expressed in the target and flanking faces. These results suggest that emotional saliency can prolong a substantial degree of conflict by diverting bottom-up attention away from the target, and that inhibitory control on task-irrelevant information from flanking stimuli is deterred by the emotional congruency between target and flanking stimuli. (shrink)

The man of Luz in Judg 1:22–26 is rejected by the Israelites with whom he cooperated, and is forced to leave his homeland. In moving from old Luz (Bethel) to new Luz, he finds himself attached to two homes and caught in the politics of identity and home in Israel. His story resonates with Asian Americans who also find themselves in the middle of the politics of identity and home in the United States.

The author proposes and employs the Avalanche Perspective in analysing the entry of women into the Korean judiciary from the first pioneers in 1952 to the present. Starting from a general atmospheric warming trend towards women in postwar Korea, there developed instability in the status quo, then a breakthrough that led to a cascade of women participating in the legal profession. Although cultural resistance and political obstacles remained to be overcome, this quantitative expansion ultimately led to a greater acceptance of (...) women’s participation in the judicial arena. Significant judicial changes that furthered the causes of women in contemporary Korea were coincident with women being members of the judiciary. The quantitative changes of the past fifty-six years opened the possibility of qualitative progress for women in the Korean judiciary. The Avalanche Perspective as applied to the judiciary in Korea, provides an understanding of the forces at work that have had a profound effect upon the place of women in the new cultural and political reality of the Korean people. (shrink)

Riassunto: Lo statuto della psicologia come scienza speciale è l’oggetto del dibattito pluridecennale intercorso tra Jerry Fodor e Jaegwon Kim. La questione epistemologica delle leggi delle scienze cognitive si intreccia inestricabilmente con riflessioni di tipo metafisico sul dilemma mente-corpo: se Fodor ammette la validità delle leggi psicologiche, considerate irriducibili alle leggi della fisica, il fisicalismo riduzionista di Kim esclude invece tale possibilità. Così, il dialogo tra i due paradigmi funzionalisti delinea una serie di snodi problematici relativi sia allo status delle (...) proprietà mentali, come alla possibilità di una scienza che possa aprirsi alla inter-specificità, o alla trasversalità delle strutture di implementazione. Centrale, nel dibattito, è la nozione di realizzabilità multipla: tale argomento, che viene addotto a sostegno di un certo grado di autonomia del mentale, viene da Kim giudicato, invece, essenzialmente aporetico. Parole chiave: Filosofia della mente; Scienze cognitive; Realizzabilità multipla; Funzionalismo; Fisicalismo riduzionista Fodor, Kim and the autonomy of cognitive sciences: The status of psychology as a special science is the main topic of the debate between two of the most important philosophers of mind in our times: Jerry Fodor and Jaegwon Kim. The epistemology of psychological laws is inextricably intertwined with the metaphysical quarrel over the mind-body problem. Fodor argues for the validity of psychological laws and their irreducibility to physical ones, whereas Kim’s reductive physicalism rules out their validity. Therefore, the dialogue between these two functionalist paradigms covers a range of open questions concerning the status of mental properties within a physicalist framework, as well as questions concerning the possibility of cross-species cognitive sciences. The notion of multiple realization is a pivotal point in this debate: it should indicate that the mind enjoys a certain degree of autonomy, yet Kim judges it to be aporetic in nature. Keywords: Philosophy of Mind; Cognitive Sciences; Multiple Realization; Functionalism; Reductive Physicalism. (shrink)

Philosophers ask just whose expression, if anyone’s, we hear in lyric poetry. Walton provides a novel possibility: it’s the reader who “uses” the poem (just as a speech giver uses a speech) who makes the language expressive. But worries arise once we consider poems in particular social or political settings, those which require a strong self-other distinction, or those with expressions that should not be disassociated from the subjects whose experience they draw from. One way to meet this challenge is (...) to consider the poem expressive of a plural subject, which frees us from looking for a particular individual whose voice we hear in the work, whether she be fictional or actual. Some lyrics give voice to a group whose experience is attended to in the work. This may be done through a posited fictional speaker, but the ontology of the speaker is shown to be less important. Attending to a group whose concerns are voiced allows us to explain how poems can manage to address our-worldly concerns even when lacking actual persons whose expressions we encounter in the poems. (shrink)

This book is not a conventional introduction to the philosophy of mind, nor is it a contribution to the physicalist/ dualist debate. Instead The Representational Theory of Mind demonstrates that we can construct physicalist theories of important aspects of our mental life. Its aim is to explain and defend a physicalist theory of intelligence in two parts: the first six chapters consist of an exposition, elaboration and defence of human sentience (the functionalist theory of mind), and the second part considers (...) rivals and objections to this theory. Kim Sterelny aims to introduce people to this area of philosophy by exemplifying it, to show that philosophical and empirical investigations can be synthesized to the benefit of both. --From publisher's description. (shrink)

Xenophobia is conceptually distinct from racism. Xenophobia is also distinct from nativism. Furthermore, theories of racism are largely ensconced in nationalized narratives of racism, often influenced by the black-white binary, which obscures xenophobia and shelters it from normative critiques. This paper addresses these claims, arguing for the first and last, and outlining the second. Just as philosophers have recently analyzed the concept of racism, clarifying it and pinpointing why it’s immoral and the extent of its moral harm, so we will (...) analyze xenophobia and offer a pluralist account of xenophobia, with important implications for racism. This analysis is guided by the discussion of racism in recent moral philosophy, social ontology, and research in the psychology of racism and implicit attitudes. (shrink)

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds of structural injustice, each (...) grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)

1. Chŏngch'i ch'ŏrhak kwa chŏngsin punsŏkhak ŭi mannam -- 2. Han'gugin ŭi chamjae ŭisik kwa chŏngch'i pyŏngni.

The philosophy of mind has always been a staple of the philosophy curriculum. But it has never held a more important place than it does today, with both traditional problems and new topics often sparked by the developments in the psychological, cognitive, and computer sciences. Jaegwon Kim’s Philosophy of Mind is the classic, comprehensive survey of the subject. Now in its second edition, Kim explores, maps, and interprets this complex and exciting terrain. Designed as an introduction to the field for (...) upper-level undergraduates and graduate students, Philosophy of Mind focuses on the mind/body problem and related issues, some touching on the status of psychology and cognitive science. The second edition features a new chapter on Cartesian substance dualism-a perspective that has been little discussed in the mainstream philosophy of mind and almost entirely ignored in most introductory books in philosophy of mind. In addition, all the chapters have been revised and updated to reflect the trends and developments of the last decade. Throughout the text, Kim allows readers to come to their own terms with the central problems of the mind. At the same time, the author’s own emerging views are on display and serve to move the discussion forward. Comprehensive, clear, and fair, Philosophy of Mind is a model of philosophical exposition. It is a major contribution to the study and teaching of the philosophy of mind. (shrink)

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics, working across continental and analytical traditions. Kim Atkins explains and justifies the basis of the practical approach through an explication of the structures of human embodiment and an account of how those structures necessitate a narrative model of selfhood, understanding and ethics. She highlights how recent work on agency and autonomy implicitly draws upon conceptions of embodiment and intersubjectivity that underpin (...) the narrative view. (shrink)

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind (...) of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy. (shrink)

This book is part of the growing field of practical approaches to philosophical questions relating to identity, agency and ethics--approaches which work across continental and analytical traditions and which Atkins justifies through an explication of how the structures of human embodiment necessitate a narrative model of selfhood, understanding, and ethics.

Although informed consent is important in clinical research, questions persist regarding when it is necessary, what it requires, and how it should be obtained. The standard view in research ethics is that the function of informed consent is to respect individual autonomy. However, consent processes are multidimensional and serve other ethical functions as well. These functions deserve particular attention when barriers to consent exist. We argue that consent serves seven ethically important and conceptually distinct functions. The first four functions pertain (...) principally to individual participants: (1) providing transparency; (2) allowing control and authorization; (3) promoting concordance with participants' values; and (4) protecting and promoting welfare interests. Three other functions are systemic or policy focused: (5) promoting trust; (6) satisfying regulatory requirements; and (7) promoting integrity in research. Reframing consent around these functions can guide approaches to consent that are context sensitive and that maximize achievable goals. (shrink)

Completely revised and updated in its Second Edition, Language and Reality provides students, philosophers and cognitive scientists with a lucid and provocative introduction to the philosophy of language.

Direction of fit theories usually claim that beliefs are such that they “aim at truth” or “ought to fit” the world and desires are such that they “aim at realization” or the world “ought to fit” them. This essay argues that no theory of direction of fit is correct. The two directions of fit are supposed to be determinations of one and the same determinable two-place relation, differing only in the ordering of favored terms. But there is no such determinable (...) because of ineliminable asymmetries between the way that beliefs “aim at truth” and the way that desires “aim at realization.” This essay traces the ills of direction of fit theory to a misunderstanding of Anscombe and proposes a cure that distinguishes theoretical and practical thought by appeal to a distinction between thought in the form of a state and thought in the form of an event. (shrink)

Is Anscombean practical knowledge independent of what the agent actually does on an occasion? Failure to understand Anscombe’s answer to this question is a major obstacle to appreciating the subtlety and plausibility of her view. I argue that Anscombe’s answer is negative, and turns on the nature of mistakes in performance, and reveals a distinctive implicit metaphysics of mind and knowledge, structured by related capacities and exercises of capacities. If my interpretation is correct, then practical knowledge shares features with knowledge-how (...) and knowledge-that, but deserves its own epistemic category. (shrink)

The essays collected in this volume address a range of issues that arise when the focus of philosophical reflection on identity is shifted from metaphysical to practical and evaluative concerns. They also explore the usefulness of the notion of narrative for articulating and responding to these issues. The chapters, written by an outstanding roster of international scholars, address a range of complex philosophical issues concerning the relationship between practical and metaphysical identity, the embodied dimensions of the first-personal perspective, the kind (...) of reflexive agency involved in the self-constitution of one’s practical identity, the relationship between practical identity and normativity, and the temporal dimensions of identity and selfhood. In addressing these issues, contributors engage with debates in the literatures on personal identity, phenomenology, moral psychology, action theory, normative ethical theory, and feminist philosophy. (shrink)

This chapter contains sections titled: Zack's Sensitivity Zack's Race Zack's Desire Zack's Violence Music Conclusion Notes.

schaften vorkommenden Aussagen deskriptiv und empirisch nachprüfbar sind, besteht zwischen Realisten und Strukturalisten keine Meinungsdifferenz."33 Aber was die Theorie selbst betrifft, vertritt der Strukturalismus die instrumentalistische ...

The aim of this Swedish study was to develop the concept of moral sensitivity in health care practice. This process began with an overview of relevant theories and perspectives on ethics with a focus on moral sensitivity and related concepts, in order to generate a theoretical framework. The second step was to construct a questionnaire based on this framework by generating a list of items from the theoretical framework. Nine items were finally selected as most appropriate and consistent with the (...) research team’s understanding of the concept of moral sensitivity. The items were worded as assumptions related to patient care. The questionnaire was distributed to two groups of health care personnel on two separate occasions and a total of 278 completed questionnaires were returned. A factor analysis identified three factors: sense of moral burden, moral strength and moral responsibility. These seem to be conceptually interrelated yet indicate that moral sensitivity may involve more dimensions than simply a cognitive capacity, particularly, feelings, sentiments, moral knowledge and skills. (shrink)