Prevailing accounts of the relationship between rights and identity impose a false choice between conceptions of rights as the instrument of self-invention or the foil to collective virtue. This article proposes an alternative conception of rights as constitutive of social relations and aspects of individual identity. To do so, it draws on H. L. A. Hart's famous distinction between special and general rights, and it describes the exclusionary and inclusionary conditions under which these forms of right constitute social groups and (...) self-meaning. Further, it specifies a pure form of «constitutive right», overlooked in Hart's typology, but extant in modern liberal, pluralistic societies, that inherently differentiates among persons and so directly constitutes aspects of human identity. (shrink)

I defend a one category ontology: an ontology that denies that we need more than one fundamental category to support the ontological structure of the world. Categorical fundamentality is understood in terms of the metaphysically prior, as that in which everything else in the world consists. One category ontologies are deeply appealing, because their ontological simplicity gives them an unmatched elegance and spareness. I’m a fan of a one category ontology that collapses the distinction between particular and property, replacing it (...) with a single fundamental category of intrinsic characters or qualities. We may describe the qualities as qualitative charactersor as modes, perhaps on the model of Aristotelian qualitative (nonsubstantial) kinds, and I will use the term “properties” interchangeably with “qualities”. The qualities are repeatable and reasonably sparse, although, as I discuss in section 2.6, there are empirical reasons that may suggest, depending on one’s preferred fundamental physical theory, that they include irreducibly intensive qualities. There are no uninstantiated qualities. I also assume that the fundamental qualitative natures are intrinsic, although physics may ultimately suggest that some of them are extrinsic. On my view, matter, concrete objects, abstract objects, and perhaps even spacetime are constructed from mereological fusions of qualities, so the world is simply a vast mixture of qualities, including polyadic properties (i.e., relations). This means that everything there is, including concrete objects like persons or stars, is a quality, a qualitative fusion, or a portion of the extended qualitative fusion that is the worldwhole. I call my view mereological bundle theory. (shrink)

I argue that we can understand the de se by employing the subjective mode of presentation or, if one’s ontology permits it, by defending an abundant ontology of perspectival personal properties or facts. I do this in the context of a discussion of Cappelen and Dever’s recent criticisms of the de se. Then, I discuss the distinctive role of the first personal perspective in discussions about empathy, rational deference, and self-understanding, and develop a way to frame the problem of lacking (...) prospective access to your future self as a problem with your capacity to imaginatively empathize with your future selves. (shrink)

The self can be understood in objective metaphysical terms as a bundle of properties, as a substance, or as some other kind of entity on our metaphysical list of what there is. Such an approach explores the metaphysical nature of the self when regarded from a suitably impersonal, ontological perspective. It explores the nature and structure of the self in objective reality, that is, the nature and structure of the self from without. This is the objective self. I am taking (...) a different approach. In addition to objective reality, which is usually understood and explored from an impersonal, quasi-observational and metaphysically realist perspective, we can also explore the nature and structure of subjective reality. The nature and structure of subjective reality is defined by the nature and structure of first-personal, conscious experience. Subjective reality is as real as objective reality, and a metaphysical realist such as myself can endorse the existence of both kinds of ontology. The mental states that, as experienced from the first-personal or subjective perspective, capture the nature and structure of subjective reality, are included in objective reality. The questions to explore in a subjective ontology of the self concern the nature and structure of the self from the first-personal or subjective perspective, that is, the nature and structure of the self from within. This is the subjective self. (shrink)

The debate over the temporal arrow is a debate over what fundamental ontology is needed for the temporal asymmetry of the universe, which determines the fact that time seems to be oriented or directed from earlier to later. This temporal asymmetry underlies (or, as some might argue, is the same as) the asymmetrical fact that the past is fixed while the future is open, as well as the global asymmetries of counterfactual, causal and agential direction. I explore the metaphysics of (...) the temporal direction within the context of empirical work in psychology and cognitive science. I argue that, in our debate over the metaphysics of the temporal arrow, we need to explore some of the deep connections between our cognitive response to the world and our metaphysical theory of the temporal direction. (shrink)

Recently Alain Badiou and Quentin Meillassoux have attacked the core of the phenomenological hermeneutic tradition: its commitment to the finitude of human understanding. If accurate, this critique threatens to render the whole tradition a topic of merely historical interest. Given the depth of the criticism, this essay aims to establish a provisional defense of hermeneutics. After briefly reviewing each critique, it is argued that Badiou and Meillassoux themselves face rather intractable difficulties. These difficulties, then, open the space for a hermeneutic (...) response, which is accomplished largely by drawing on the work of Paul Ricoeur. We close with a suggested program for hermeneutic thought. (shrink)

This article explores the philosophical concept of akrasia, also known as weakness of will, and demonstrates its relevance to clinical practice. In particular, it challenges an implicit notion of control over one’s actions that might impede recovery from substance misuse. Reflecting on three fictional case vignettes, we show how philosophical work on akrasia helps avoid this potentially harmful notion of control by supporting a holistic engagement with people for whom substance misuse is a problem. We argue that such engagement enhances (...) their prospects of recovery by focusing on agency over time, as opposed to individual lapses. (shrink)

It is argued that ideas and theories often evolve into preconceptions of our perceptions. Such evolution is implicit in Heidegger's notion of truths of alethia. The description of this process holds implications for the traditional givenness of humans for themselves in terms of the changabllity of absolute presuppositions. Among the implications are 1. the insufficiency of the historical mode for explaining changes in human self-perception; 2. the inadequacy of radical subjectivism and environmentalism; 3. a radical contingency and complexity to the (...) course of human conceptualization; and 4. the awareness that human efforts can influence alterations in preconceptions. The influence of modern brain theory is subject to these conditions. (shrink)

Open peer commentary on the article “A Cybernetic Approach to Contextual Teaching and Learning” by Philip Baron. Upshot: The idea of personal, customized education has been around for a while, and few disagree that it would be superior to what we have now in most public education systems worldwide. So, the questions are: Why has it not been more broadly implemented? And what would it take to make it the dominant approach to education?

In an earlier paper in this journal I argued that deflationism is preferable to fictionalism as an alternative to both traditional realism and eliminativism. Gabriele Contessa questions this conclusion, denying that fictionalist arguments beg the question against easy ontological arguments, presenting a new argument against easy ontology, and suggesting a response to the challenge I raise for fictionalists. Below I respond to these points in turn. In so doing, I hope to clarify the broader theoretic orientation of easy ontology—in particular, (...) its rejection of a Quinean criterion of ontological commitment and its commitment to a form of functional pluralism about language. (shrink)

Anti-intellectualist theories of knowledge claim that in some way or other, practical stakes are involved in whether knowledge is present (or, where the view iscontextualist, whether sentences about knowledge are true in a given context). Interest in pragmatic encroachment arose with the development of contextualist theories concerning knowledge ascriptions. In these cases, there is an initial situation in which hardly anything is at stake, and knowledge is easily ascribed. The subsequent situation is one where the costs of being wrong are (...) fairly significant from a practical point of view, and the claim made by pragmatic encroachers is that knowledge should not be ascribed in such situations and typically is not by competent speakers. My goal here is to show how mistaken the idea of pragmatic encroachment is. (shrink)

_ Source: _Page Count 26 The dilemma of presentism is sometimes represented as a choice between the increased relevance and utility of a historiographic practice that can articulate its relation to the present and the increased objectivity or openness to the otherness of the past of a historiographic practice that articulates the past “on its own terms.” The present article argues that, at least with reference to intellectual history, we should understand that ideas appear most fully when they are run (...) through a multitude of contexts and not rooted exclusively in circumstances contemporaneous to _either_ the original emergence of an idea _or_ the writer and first reader of the historical account. The following thesis is advanced: ideas appear only over time, and the contextualization, decontextualization, and recontextualization of ideas in different places and times are all essential to such intellectual historical “appearance.” The article then articulates its position more precisely by means of Robert Brandom’s inferentialism. And, finally, this line of inquiry is exemplified and interrogated by means of a concrete historiographic case—namely, a political theoretical investigation of the intellectual legacy of the Weimar Republic. (shrink)

This paper provides a series of reflections on making the case to senior leaders for the introduction of clinical ethics support services within a UK hospital Trust at a time when clinical ethics committees are dwindling in the UK. The paper provides key considerations for those building a case for clinical ethics support within hospitals by drawing upon published academic literature, and key reports from governmental and professional bodies. We also include extracts from documents relating to, and annual reports of, (...) existing clinical ethics support within UK hospitals, as well as extracts from our own proposal submitted to the Trust Board. We aim for this paper to support other ethicists and/or health care staff contemplating introducing clinical ethics support into hospitals, to facilitate the process of making the case for clinical ethics support, and to contribute to the key debates in the literature around clinical ethics support. We conclude that there is a real need for investment in clinical ethics in the UK in order to build the evidence base required to support the wider introduction of clinical ethics support into UK hospitals. Furthermore, our perceptions of the purpose of, and perceived needs met through, clinical ethics support needs to shift to one of hospitals investing in their staff. Finally, we raise concerns over the optional nature of clinical ethics support available to practitioners within UK hospitals. (shrink)

Years ago, one of us had the opportunity to talk with a starting guard in the National Basketball Association about his health care. The player, then a rookie, did not have his own personal doctor. Instead, he received his health care from the team doctor. This athlete was very well paid and could have received care anywhere he wished in the area. But he came from a very poor neighborhood. Growing up, he said, he had no health care other than (...) hearing and eye tests done at his school and maybe vaccinations given by the school nurse. The player said he now felt fine and trusted his team to look out for his health since they were paying him a lot of money and obviously wanted him on the court. While it might seem obvious that conflicts of role could arise for doctors working simultaneously for a team and for an athlete—wanting to please coaches, owners, and maybe fans while looking out for the athletes on the team—that is not how this young player saw things. He trusted his team and those who worked for them, and he figured that their interest in keeping him healthy overlapped nicely with his interest in staying healthy. As someone who did not get much access to health care as a child and had little need for it, he did not have concerns about conflicts of interest and second opinions foremost in his mind. But as is clear from a recent scandal involving the National Football League and concussion research, there are reasons for concern when athletes deal with health care workers paid by their teams. (shrink)

This study of three central themes in the logic of Alexander of Aphrodisias, the greatest of the ancient Aristotelian commentators, provides insight not only into Aristotle's logical writings but also into the tradition of scholarship which they spawned.

This paper presents Freud’s argument that the clinical process of psychoanalysis must continually combat the patient’s resistance to the analyst’s interpretations. It also presents systematically Wittgenstein’s counterargument. Wittgenstein contends that psychoanalytic interpretations are enormously attractive and that their “charm” predisposes the patient to accept them. He traces their charm to six sources, each of which is discussed.

The subjectivity of consciousness is widely regarded as a major stumbling block for materialist theories of mind. In this paper I show how Kripkean arguments against identity theories (Kripke, 1972), and in particular a Kripkean argument against qualia-material property identity developed by Frank Jackson (1980) are a way of highlighting this problem. (And such arguments are not the quasi-historical curiosities they are sometimes pictured as being, because problems confronting functionalism have led to a modest revival of identity theory.) As such, (...) Kripkean arguments are akin to recent discussions of subjectivity by Thomas Nagel (1965, 1974, 1979) and Frank Jackson (1982). I then consider some recent attempts to refute Kripkean arguments or otherwise show that subjectivity is not an insurmountable problem for identity theory. The most promising attempt is one that I myself develop, based on some ideas by Keith Gunderson (1970). But I contend that even it, let alone any of the others, is not without problems. Thus, tentatively, Kripkean arguments against property identity succeed. (shrink)

In this paper I have investigated the claim that egoism is incapable of being a moral action-guide. Egoism is that normative view in ethics which claims that a person has an obligation to perform or refrain from performing some act, if and only if so doing is in that person's (the agent's) own best interest. William Baumer and W.D. Glasgow have both presented arguments which purportedly show that egoism leads to contradictions and inconsistencies which prevent it from being a moral (...) action-guide. In my refutation of these charges I argue that Baumer's agrument begs the question against egoism by employing a non-egoistic definition of 'right', and that Glasgow's arguments involve various ambiguities and equivocations. I conclude, then, that at least from a logical point of view, egoism is as acceptable a moral action-guide as any non-egoistic view. (shrink)

In the United States, the identities of criminal offenders are matters of public record, accessible to prospective employers, the press, and ordinary citizens. In European countries, the identities of offenders are routinely kept hidden, with some exceptions. The question addressed in this discussion concerns whether the public disclosure of the identities of offenders is part and parcel of their legal punishment. My contentions are that public disclosure is not conceptually part of legal punishment, necessary to serve substantive penal aims, or (...) likely to enhance penal aims. At times, it will conflict with defensible aims of legal punishment. Other values might support or require the public identification of criminal offenders, but the aims of legal punishment do not appear to do so. (shrink)