David Boonin, The Problem of Punishment. There are two reasons why David Boonin's recent book, The Problem of Punishment,1 offers me a unique oppor...

Applied ontology is the attempt to put to use the rigorous tools of philosophical ontology in the development of category systems which can be of use in the formalization and systematization of knowledge of a given domain. In what follows we shall sketch some elements of the ontology of legal and socio-political institutions, paying attention especially to the normativity involved in such institutions. We shall see that there is more than one type of normativity, but that this fact that has (...) often been ignored in standard attempts by philosophers to build ontologies of legal and other socio-political entities. In order to provide a sound system of categories for legal and socio-political institutions and entities, however, the manifold of normativity needs to be addressed. The classical examples of normative statements have been moral propositions; they do not merely describe states of affairs; they tell us how states of affairs ought to be. The distinction between how things are and how they ought to be is the basis of the distinction between fact and value. Analytic philosophers for a long time shunned discussions of normativity and ethics. They considered ethical statements as pseudo-propositions, or as expressions of pro- or con-attitudes of no theoretical significance.1 Nowadays, in contrast, prominent analytic philosophers discuss normative problems and there are important books written by such philosophers on topics such as law and justice. Here we pay attention to three seminal thinkers in this development: H. L. A. Hart, John Rawls, and John R. Searle in concerning ourselves especially with the way in which they deal with the issue of normativity. Hart is, within the context of recent analytic philosophy, the most important philosopher of law, Rawls the most.. (shrink)

The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from other types (...) of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

Resumo Este artigo procura apresentar e discutir tentativas recentes em filosofia social de analisar e interpretar o capitalismo, a partir de uma perspectiva praxeológica. O practice turn em teoria social procurou superar o dualismo entre agência e estrutura, ou entre ação e sistema, por meio da noção de prática social. Seria possível então interpretar o capitalismo como um tipo especifico de prática social? Para tentar encaminhar essa questão, explicita-se brevemente, em um primeiro momento, em que consiste o practice turn em (...) teoria social. Num segundo momento, analisa-se e se discute a proposta de Rahel Jaeggi de conceber a economia como uma rede de práticas sociais. Em seguida, expõe-se e se avalia a tentativa de Christian Lotz em ver, no dinheiro, a chave para compreender aquilo que ele chama de esquema capitalista. Por fim, conclui-se, chamando a atenção para os potenciais e desafios ligados ao empreendimento de interpretar o capitalismo em função de uma teoria da prática, sugerindo que um aprofundamento na análise da imaginação especificamente capitalista, vinculando-a com a típica plasticidade e diversidade do capitalismo, possa ajudar a avançar nesse campo.This paper aims to present and discuss recent attempts in social philosophy to analyze and interpret capitalism from a praxeological perspective. The practice turn in social theory sought to overcome the dualism between agency and structure, or between action and system, through the notion of social practice. Is it then possible to interpret capitalism as a specific type of social practice? To try to address this question, I briefly introduce, in a first moment, the practice turn in social theory. In a second moment, I analyze and discuss Rahel Jaeggi’s proposal to conceive the economy as a network of social practices. I then explain and evaluate Christian Lotz’s attempt to see money as the key to understanding what he names as “the capitalist schema”. Finally, I conclude by drawing attention to the potentials and challenges of interpreting capitalism as a social practice, suggesting that a deeper analysis of specifically capitalist imagination, linking it with the typical plasticity and diversity of capitalism, may help to move forward in this field. (shrink)

O presente artigo faz uma breve apreciação do texto La réalité et son ombre, de E. Levinas, especificamente acerca de sua consideração em torno do valor da arte como possibilidade de transcendência. Se, em obras posteriores, Levinas ainda permanece de certo modo econômico, e às vezes ambíguo, sobre a questão, neste texto sua crítica permanece dura e direta. Aqui se discute a relação entre imagem, exterioridade e o real. A obra de arte fala? Exigiria uma resposta e seria ética? Neste (...) texto de 1948, encontramos uma série de argumentos, no seu diálogo com a arte, que já pre-param, ou anunciam, o que posteriormente virá como a transcedência do Rosto “que vai além da forma que o delimita”. Palavras-chave: Arte, transcendência, exterioridade, imagem, realidade. (shrink)

Philosophers often claim that forgiveness is a paradoxical phenomenon. I here examine two of the most widespread ways of dealing with the paradoxical nature of forgiveness. One of these ways, emblematized by Aurel Kolnai, seeks to resolve the paradox by appealing to the idea of repentance. Somehow, if a wrongdoer repents, then forgiving her is no longer paradoxical. I argue that this influential position faces more problems than it solves. The other way to approach the paradox, exemplified here by the (...) work of Jacques Derrida, is just too obscure to be by itself helpful. Yet, I argue that what I take to be its spirit is on the right track. I recommend distinguishing between the definition and the justification of forgiveness, and also between forgiveness understood as a mental phenomenon and an overt, communicative act. These distinctions are not given their due in the specialized literature, and I expose the nefarious consequences of this neglect. By focusing on forgiveness as a mental phenomenon I seek to analyze the root of the talk of paradoxes which surrounds the discussion of forgiveness. Finally, I present an analysis of forgiveness as a pure mental phenomenon, and argue that this analysis is the most important step in understanding forgiveness in any other sense. While my analysis reveals interesting aspects of forgiveness, it reveals, too, that forgiveness is not quite as paradoxical after all. (shrink)

A IMPORTÂNCIA DA BOA-FÉ NAS RELAÇÕES DE CONSUMO.

The interest in what can be considered 'posthumanism' has surged over the past few years. There is no surprise as to why, given the urgency and immanence of a likely sixth mass extinction event, and the catastrophic consequences of global warming. These processes, all of which fundamentally rest on the foundations of human practices and abuses, are forcing us to rethink our place in existence. The foundations of this position have a history firmly rooted in the daily practices and beliefs (...) of Western cultures. The Contemporary Posthuman confronts these assumptions of truth, head-on. The author follows his conceptual journey with practical steps for putting his philosophy into practice, by drawing on philosophy, design, art, and architecture. (shrink)

Organization figures centrally in the understanding of biological systems advanced by both new mechanists and proponents of the autonomy framework. The new mechanists focus on how components of mechanisms are organized to produce a phenomenon and emphasize productive continuity between these components. The autonomy framework focuses on how the components of a biological system are organized in such a way that they contribute to the maintenance of the organisms that produce them. In this paper we analyze and compare these two (...) accounts of organization and argue that understanding biological organisms as cohesively integrated systems benefits from insights from both. To bring together the two accounts, we focus on the notions of control and regulation as bridge concepts. We start from a characterization of biological mechanisms in terms of constraints and focus on a specific type of mechanism, control mechanisms, that operate on other mechanisms on the basis of measurements of variables in the system and its environment. Control mechanisms are characterized by their own set of constraints that enable them to sense conditions, convey signals, and effect changes on constraints in the controlled mechanism. They thereby allow living organisms to adapt to internal and external variations and to coordinate their parts in such a manner as to maintain viability. Because living organisms contain a vast number of control mechanisms, a central challenge is to understand how they are themselves organized. With the support of examples from both unicellular and multicellular systems we argue that control mechanisms are organized heterarchically, and we discuss how this type of control architecture can, without invoking top-down and centralized forms of organizations, succeed in coordinating internal activities of organisms. (shrink)

Punishment is a phenomenon which occurs in many contexts. Discussions of punishment assume punishment is criminal punishment carried out by the State. This book contains an account of punishment which overcomes the difficulties of competing accounts and treats punishment comprehensibly to better understand how it differs from similar phenomena, discussing its justification fruitfully.

La vita e le opere -- Un pensiero rivolto all'eterno -- Il confronto con la storia della filosofia -- Il ritorno della metafisica oltre il problematicismo -- La svolta di Ritornare a Parmenide e l'inizio di un nuovo cammino -- Il "destino" e il senso della vita e della morte -- Il dialogo mai interrotto con la fede cristiana -- La fine della metafisica e la distruzione della cultura occidentale -- Il nichilismo contemporaneo e la risoluzione della metafisica e dell'etica (...) nella tecnica -- L'angioscia del divenire, i "rimedi" del mortale e la Gioia. (shrink)

Living organisms act as integrated wholes to maintain themselves. Individual actions can each be explained by characterizing the mechanisms that perform the activity. But these alone do not explain how various activities are coordinated and performed versatilely. We argue that this depends on a specific type of mechanism, a control mechanism. We develop an account of control by examining several extensively studied control mechanisms operative in the bacterium E. coli. On our analysis, what distinguishes a control mechanism from other mechanisms (...) is that it relies on measuring one or more variables, which results in setting constraints in the control mechanism that determine its action on flexible constraints in other mechanisms. In the most basic arrangement, the measurement process directly determines the action of the control mechanism, but in more complex arrangements signals mediate between measurements and effectors. This opens the possibility of multiple responses to the same measurement and responses based on multiple measurements. It also allows crosstalk, resulting in networks of control mechanisms. Such networks integrate the behaviors of the organism but also present a challenge in tailoring responses to particular measurements. We discuss how integrated activity can still result in differential, versatile, responses. (shrink)

The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay (...) insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions. (shrink)

For much of the first fifty years of its existence, analytic philosophy shunned discussions of normativity and ethics. Ethical statements were considered as pseudo-propositions, or as expressions of pro- or con-attitudes of minor theoretical significance. Nowadays, in contrast, prominent analytic philosophers pay close attention to normative problems. Here we focus our attention on the work of Searle, at the same time drawing out an important connection between Searle’s work and that of two other seminal figures in this development: H.L.A. Hart (...) and John Rawls. We show that all three thinkers tend to assume that there is but one type of normativity within the realm of social institutions – roughly, the sort of normativity that is involved in following the results of chess – and that they thereby neglect features that are of crucial significance for an adequate understanding of social reality. (shrink)

Biological regulation is what allows an organism to handle the effects of a perturbation, modulating its own constitutive dynamics in response to particular changes in internal and external conditions. With the central focus of analysis on the case of minimal living systems, we argue that regulation consists in a specific form of second-order control, exerted over the core regime of production and maintenance of the components that actually put together the organism. The main argument is that regulation requires a distinctive (...) architecture of functional relationships, and specifically the action of a dedicated subsystem whose activity is dynamically decoupled from that of the constitutive regime. We distinguish between two major ways in which control mechanisms contribute to the maintenance of a biological organisation in response to internal and external perturbations: dynamic stability and regulation. Based on this distinction an explicit definition and a set of organisational requirements for regulation are provided, and thoroughly illustrated through the examples of bacterial chemotaxis and the lac-operon. The analysis enables us to mark out the differences between regulation and closely related concepts such as feedback, robustness and homeostasis. (shrink)

Linda Radzick's new book, _The Ethics of Social Punishment_, contains an important discussion of punishment outside the context of the state. By way of celebrating this fine and welcome book, I try to probe some analytical contours concerning punishment seen from the general perspective on which Radzick and I agree. I suggest altogether abandoning the idea that (non-state) punishment needs to be inflicted by an authority. Furthermore, I insist on an account of retributivism that resists the usual accusations of barbarism (...) and bloodthirstiness. (shrink)

Despite numerous and increasing attempts to define what life is, there is no consensus on necessary and sufficient conditions for life. Accordingly, some scholars have questioned the value of definitions of life and encouraged scientists and philosophers alike to discard the project. As an alternative to this pessimistic conclusion, we argue that critically rethinking the nature and uses of definitions can provide new insights into the epistemic roles of definitions of life for different research practices. This paper examines the possible (...) contributions of definitions of life in scientific domains where such definitions are used most (e.g., Synthetic Biology, Origins of Life, Alife, and Astrobiology). Rather than as classificatory tools for demarcation of natural kinds, we highlight the pragmatic utility of what we call operational definitions that serve as theoretical and epistemic tools in scientific practice. In particular, we examine contexts where definitions integrate criteria for life into theoretical models that involve or enable observable operations. We show how these definitions of life play important roles in influencing research agendas and evaluating results, and we argue that to discard the project of defining life is neither sufficiently motivated, nor possible without dismissing important theoretical and practical research. (shrink)

The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...) does not sufficiently respect property rights is likely to be a totalitarian state, and will also be likely to fail to respect rights of other sorts. (shrink)

Endocrinologists apply the idea of feedback loops to explain how hormones regulate certain bodily functions such as glucose metabolism. In particular, feedback loops focus on the maintenance of the plasma concentrations of glucose within a narrow range. Here, we put forward a different, organicist perspective on the endocrine regulation of glycaemia, by relying on the pivotal concept of closure of constraints. From this perspective, biological systems are understood as organized ones, which means that they are constituted of a set of (...) mutually dependent functional structures acting as constraints, whose maintenance depends on their reciprocal interactions. Closure refers specifically to the mutual dependence among functional constraints in an organism. We show that, when compared to feedback loops, organizational closure can generate much richer descriptions of the processes and constraints at play in the metabolism and regulation of glycaemia, by making explicit the different hierarchical orders involved. We expect that the proposed theoretical framework will open the way to the construction of original mathematical models, which would provide a better understanding of endocrine regulation from an organicist perspective. (shrink)