In lieu of an abstract, here is a brief excerpt of the content:Amicus BriefMartha C. Nussbaumii. summary of the argumentThis brief argues that the law requires reformation to protect our modern scientific and philosophical understanding that many animals can live their own meaningful lives and that the Court should reform the law in this case.1 Modern science demonstrates that elephants are complex beings that can form a conception of the self, as observed by Judge Fahey, form strong social and emotional (...) bonds among themselves and others, and that the Zoo's conduct harms Happy in both physical and intangible ways.Furthermore, this brief argues that the lower courts in Lavery I and II applied the wrong philosophical framework to the question of whether certain non-human animals should be considered legal persons. Instead of animal rights being based on the capacity to engage in a social contract and to bear legal duties, the proper framework for animal rights is the capabilities approach, which asks how the law can help animals like Happy not only live but thrive. Accordingly, this brief explains the importance of this appeal, the Court's opportunity to reform [End Page 15] the field of animal law, and the potential to release Happy from a life of captivity, ensuring she lives the rest of her life in a manner that respects her capabilities.iii. argument1. This Case Matters Because It Is Time to Reform the Law to Protect Our Modern Scientific and Philosophical Understanding That Many Animals Are Capable of Living Their Own Meaningful LivesModern science now recognizes a very important fact about many animals, including elephants. They are not merely biological units that simply need food and a suitable environment to survive and maintain a viable population. Today, scientists view many animals as beings capable of living their own meaningful lives. Early Indian and Roman cultures understood the complexity of animal lives and the implications of this complexity surrounding the humane treatment of animals; public awareness of this fact is widespread today. Almost all ancient Greek and Roman philosophical schools attributed complex forms of cognition and numerous emotions to animals,2 a precursor to our current laws against cruel practices to animals.What philosophy and, more recently, science have understood but the law has not, is that elephants are sentient beings who can feel emotion, foster relationships, create communities, and form a conception of the self. Our current legal system fails to respect species-specific, central capabilities. Although each of the fifty states has animal cruelty laws,3 these laws protect only a small number of animals and fail to constrain, to any meaningful extent, the widespread infliction of suffering. They ban only the intentional, purposeful suffering of some animals, and fail to recognize the impact that captivity, lack of relationships, and solitude cause a creature like Happy.This Court has the opportunity to create legal precedent that provides these living creatures the legal right to thrive and survive in ways that coincide with their specific capabilities, and prevent not only the infliction of physical pain, but emotional and psychological injury as well.2. The Magical Lives of ElephantsElephants are cognitive, complex creatures with distinct societies, emotions, and lives. They form societies that foster the wellbeing of each member, in which their emotions and development from childhood through adulthood are readily apparent.4 A combat staged between humans and elephants in 55 B.C. by the Roman leader Pompey paints a prime example of these complex emotions and connections with other animals, namely humans. Surrounded in the arena, the elephants perceived that they had no hope of escape. According to Pliny, the elephants then "entreated the crowd, trying to win its compassion with indescribable [End Page 16] gestures, bewailing their plight with a sort of lamentation."5 The audience, moved to pity and anger by their plight, rose to curse Pompey—feeling, wrote Cicero, that the elephants had a relation of commonality (societas) with humans.6 However, this connection with humans cannot be substituted for true, similar companionship from other elephants, which Happy has lacked for almost two decades.Elephants' ability to connect with other elephants and animals may be attributable to their long life spans; they are the most... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wuthering Heights: The Romantic AscentMartha NussbaumI“If I were in heaven, Nelly,” she said, “I should be extremely miserable.”“I dreamt, once, that I was there.... [H]eaven did not seem to be my home; and I broke my heart with weeping to come back to earth; and the angels were so angry that they flung me out, into the middle of the heath on the top of Wuthering Heights, where I (...) woke sobbing for joy.” 1Cathy’s soul cannot live in the Christian heaven. For her soul, she explains, is the same as Heathcliff’s soul, and the heavenly soul of Linton is as different from theirs “as a moonbeam from lightning, or frost from fire” (p. 95). Much later, as she lies on her deathbed, now the wife of Edgar Linton, thinking the Linton thought that what she wants is an escape into “that glorious world” of paradise and peace, Heathcliff watches her with burning eyes. At last she calls to him:In her eagerness she rose and supported herself on the arm of the chair. At that earnest appeal he turned to her, looking absolutely desperate. His eyes, wide and wet, at last flashed fiercely on her; his breast heaved convulsively. An instant they held asunder, and then how they met I hardly saw, but Catherine made a spring, and he caught her, and they were locked in an embrace from which I thought my mistress would never be released alive: in fact, to my eyes, she seemed directly insensible. He flung himself into the nearest seat, and on my approaching hurriedly to ascertain if she had fainted, he gnashed at me, and foamed like a mad dog, and gathered her to him with greedy jealousy. I did not feel as if I were in the company of a creature of my own species: it appeared that he would not understand, though I spoke to him; so I stood off, and held my tongue, in great perplexity.(pp. 188–89) [End Page 362]Brontë’s description alludes to the imagery of the Christian ascent tradition. As in Augustine and Dante, love is a flame that animates the eyes, a lightning bolt that pierces the fog of our obtuse daily condition; as in that tradition, love’s energy causes the lover to leap away from the petty egoism of the daily into an ecstatic and mutually loving embrace. But we know we are far from the world of the Christian ascent, even its erotic Augustinian form. Cathy’s spring is not an upward, but a horizontal movement—not toward heaven, but toward her beloved moors and winds, severed from which she would find heaven miserable; not toward God but toward Heathcliff, the lover of her soul. Nor is there redemption into heaven in this work; there is, if anything, a redemption from a world dominated by the imagination of heaven, into a world that the pious Ellen Dean can recognize only as an animal world, a world inhabited by creatures of a different species, who probably do not understand language, so thoroughly are they identified with the energy of the body. A few hours after Cathy’s death Heathcliff, as Ellen Dean tells us, in a sudden “paroxysm of ungovernable passion,” dashes his head against the knotted trunk of a tree, splashing the bark with blood, “and, lifting up his eyes, howled, not like a man, but like a savage beast being goaded to death with knives and spears” (p. 197). It is in his world alone, it would seem, that flame is truly found. As Cathy said to Edgar Linton, “Your cold blood cannot be worked into a fever: your veins are full of ice-water; but mine are boiling, and the sight of such chillness makes them dance.”Brontë’s novel situates itself within a long tradition of writing about love and its ascent or purification. This tradition, inaugurated by Socrates’ description of the ladder of love in Plato’s Symposium, is continued by later Platonists, and radically reformulated by Christian thinkers, who stress, against Plato, the soul’s receptivity and vulnerability to the inscrutable operations of grace. In both the Platonic and... (shrink)

McCabe & Healey argue that in patient‐psychiatrist interaction, the more the participants engage in repair, i.e., trying to fix potential misunderstandings, the better the outcomes of the interaction, as measured by treatment adherence and the quality of the Dr – patient relationship. This holds both for self‐repair, when psychiatrists fix their own utterances, as well as other‐repair, where patients try to fix the understanding displayed by the psychiatrist.

Since Rawls's Political Liberalism is by now the subject of a wide and deep philosophical literature, much of it excellent in quality, it would be foolhardy to attempt to say something about each of the major issues of the work, or to sort through debates that can easily be located elsewhere. I have therefore decided to focus on a small number of issues where there is at least some chance that a fresh approach may yield some new understanding of the (...) text: Rawls's distinction between “reasonable” and “unreasonable” comprehensive doctrines; the psychological underpinnings of political liberalism; and the possibility that political liberalism might be extended beyond the small group of modern Western societies that Rawls's historical remarks suggest as its primary focus. I also include a discussion of the much-debated issue of civility and public reason, which could hardly be avoided given its prominence in the book's reception. This paper should therefore be read not as a comprehensive account of the work but as one person's attempt to grapple, very incompletely and imperfectly, with a book that is as great as any philosophy has seen on this topic of great human urgency. (shrink)

Shepherd propounds a theory of mind with a fair claim to be better than Hume’s at explaining the sources of commonly held human beliefs about causal necessity due largely to her relational theory of sense perception. In comparison with Hume’s account, it incorporates a more sophisticated treatment of mental representation, especially the role of relational structure and logical form. Most important, perhaps, Shepherd’s theory enforces the division, obscured by Hume, between the evidence of necessity and the metaphysical foundation of necessity.

Francis Bacon’s call for philosophers to investigate nature and ‘‘join in consultation for the common good’’ is one example of a powerful vision that helped to shape modern science. His ideal clearly linked the experimental method with the production of beneficial effects that could be used both as ‘‘pledges of truth’’ and for ‘‘the comforts of life.’’ When Bacon’s program was implemented in the following genera- tion, however, the tensions inherent in his vision became all too real. The history of (...) the Royal Society of London, from its founding in 1660 to the 42-year presidency of Joseph Banks (1778–1820), shows how these tensions led to changes in the way in which both the experimental method and the ideal of the common good were understood. A more nuanced understanding of the problems involved in recent philosophical analyses of science in the public interest can be achieved by appreciating the complexity revealed from this historical perspective. (shrink)

John Fischer challenges me to defend my arguments regarding the badness of death; I sharpen my position, but make some concessions, discussing the possibility of postmortem harm. In response to John Deigh, I defend the account of disgust given in Hiding from Humanity, together with the research of Paul Rozin that I follow there, I discuss Patrick Devlin's conservative position, agree that we need to object to its emphasis on solidarity, not only to its emphasis on disgust, and argue that (...) Deigh's statement of Devlin's position is too kind to Devlin. In response to Henry Richardson, I summarize my reasons for thinking that the classical social contract tradition cannot handle well the problems posed by the issue of justice for people with disabilities, and that even Rawls's position requires major modification if it is to do so. I explore differences between Richardson's position and my own on the issues of self-respect, liberty, and primary goods. (shrink)

This paper argues that Locke has a representative theory of sensitive knowledge. Perceivers are immediately aware of nothing but sensory ideas in the mind; yet perceivers think of real external substances that correspond to and cause those ideas, and they are warranted in believing that those substances exist (at that time). The theory poses two questions: what warrants the truth of such beliefs? What is it in virtue of which sensory ideas represent external objects and how do they make perceivers (...) think of those objects? Both the epistemic and semantic issues need to be addressed. This paper urges that Locke's basic account of warrant is roughly reliabilist. The causal origin of sensory ideas assures that, in general, sense based beliefs are true. Locke defines the limit of this warrant by the theoretical point that we cannot discuss skeptical doubt without assuming the truthfulness of our perceptual faculty. Turning to the semantic question, the paper argues that ideas are mental modifications or entities. They are not intrinsically representative (satisfiable), but rather represent only by virtue of their causal origin. They merely “track” the presence of substances and their qualities. Ideas nevertheless prompt perceivers to think of their causes. This is roughly because sensory ideas have a specific mental role, namely, to serve as marks for distinguishing substances and their respective qualities for purposes of action. The paper suggests that, for Locke, the challenge posed by the semantic veil of ideas is to explain this externally directed marking function within bounds of his anti‐innatism. But it concludes that his answers to the twin questions fit together reasonably well. (shrink)

This book answers both the 'what' and the 'why' question raised by indexical shift in crosslinguistic perspective. What are the possible profiles of an indexical shifting language, and why do we find these profiles and not various equally conceivable others? Drawing both from the literature (published and unpublished) and from original fieldwork on the language Nez Perce, Amy Rose Deal puts forward several major generalizations about indexical shift crosslinguistically and present a theory that attempts to explain them. This account (...) has consequences for the way we think about the semantics of attitude verbs, the nature of contexts, the typology of first person, and the relationship between indexicals and logophors, of course along with numerous consequences for the analysis of particular languages (e.g. Nez Perce, Uyghur, Korean, English, Zazaki, Amharic, Mishar Tatar). The book contains numerous glossed examples from a range of languages (including a detailed description of Nez Perce indexical shift, based on original fieldwork, as described above); a bibliography; and an appendix providing grammatical background about Nez Perce. (shrink)

After years of relative neglect, experimental science has once again become an object of scrutiny. Philosophers such as Hacking and Cartwright have examined contemporary science in an attempt to display the epistemic status of experimental results, while sociologists such as Shapin and Schaffer have focussed on historical cases in an attempt to display the conventional basis of experimentation. In this study I am concerned with the epistemological question: How can one justify the claim that it is rational to believe that (...) the methods of experimental science yield knowledge about the unobserved causal structures of our world? My answer to this question is produced by way of an historical analysis and philosophical retrieval of Robert Boyle's epistemological defense of experimental science. ;The first two chapters examine contemporary issues surrounding experimental science, particularly those challenges posed to its knowledge-producing ability by philosophical instrumentalists and sociological constructionists. I then turn to an examination of Boyle's version of experimental philosophy, which includes a detailed discussion of the background traditions from which he drew in its formulation, and his response to critics of experimentation, such as Hobbes and Spinoza. ;Boyle's work is not only historically important, but is philosophically significant in light of the fact that he developed epistemological strategies in defense of experimental techniques at a time when it was not clear that experimentation would become the standard of modern science. His philosophy is characterized as a sophisticated and complex method that employs the elements of inductive, retroductive, and hypothetico-deductive reasoning. This combination, he argues, yields a system of checks and balances on sense, reason, and ideology that, while fallible, offers us the best assurance that we have of coming closer to the truth about the processes operative in our world. ;In a concluding chapter it is argued that Boyle's philosophy of science, by virtue of its richness and complexity, is sufficient to respond to the general challenges to scientific objectivity posed by sociologists of knowledge, and the more specific challenges to the realist import of the theoretical claims of experimental science posed by philosophers such as Laudan and van Fraassen. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:158 Feminist Studies 46, no. 1. © 2020 by Feminist Studies, Inc. María Fernanda Olarte-Sierra and Tania Pérez-Bustos Careful Speculations: Toward a Caring Science of Forensic Genetics in Colombia Feminist Science and Technology Studies (STS) has recently opened up the question of care as a set of practices related to the sustainability of life.1 The field of feminist studies more broadly has extensively 1. This literature mostly comes from (...) Northern contexts and started to flourish with the seminal work of María Puig de la Bellacasa, “Matters of Care in Technoscience: Assembling Neglected Things,” Social Studies of Science 41, no. 1 (2010): 85–106. This essay gathers scattered feminist STS reflections on these issues and looks at them through the lens of care, including authors such as Susan Leigh Star, Donna Haraway, Isabelle Stengers, Hilary Rose, and Annemarie Mol. The concept of care orienting this exercise of rereading these authors is proposed by Berenice Fisher and Joan Tronto, “Toward a Feminist Theory of Caring,” in Circles of Care: Work and Identity in Women’s Lives, ed. Emily K. Abel and Margaret K. Nelson (Albany: State University of New York Press, 1990), 35–62. Before and after that essay came out, Puig de la Bellacasa published several other papers related to this issue, including “Touching Technologies, Touching Visions. The Reclaiming of Sensorial Experience and the Politics of Speculative Thinking,” Subjectivity 28, no. 1 (2009): 297–315; “‘Nothing Comes without Its World’: Thinking with Care,” The Sociological Review 60, no. 2 (2012): 197– 216; “Ethical Doings in Naturecultures,” Ethics, Place & Environment 13, no. 2 (2010): 151–69; “Making Time for Soil: Technoscientific Futurity and the Pace of Care,” Social Studies of Science 45, no. 5 (2015): 691–716; and Matters of Care: Speculative Ethics in More than Human Worlds (Minneapolis: University of Minnesota Press, 2017). All these publications have been widely cited by other authors, particularly in a special issue of Social Studies of Science on the politics of care published in 2015 (volume 45, issue 5). Other examples María Fernanda Olarte-Sierra and Tania Pérez-Bustos 159 studied how care, and associated practices such as transnational care chains, are feminized and precarious—involving an ethos embodied by those who actively work to maintain or preserve another’s life. Feminists have focused on the politics of care embedded in invisible jobs related to aesthetics, domestic work, child and elder care, and sexual activities and see all these tasks as related to the reproduction of life and culture.2 Central to this conceptualization of care is the understanding that these jobs are typically women’s work. There is a common association between this care and notions of “motherhood” as it relates to values such as compassion, love, and respect, which have been constructed as universally feminine. However, the main goal of feminist studies of care has been to deconstruct this association, particularly because it is imbued with the white, wealthy, heteronormative ideal of femininity that underlies a gendered division of labor. The reality is that class, race, nation, and gender determine who cares for whom, whether or not labor is paid, and to what extent care is exploitative. One strand of recent research problematizes both valorizing and criticizing care practices on the grounds that they are based on a rather homogeneous understanding of the feminine. Instead, these scholars seek to resurrect valuable feminist work without relying on essentialism of authors contributing to this discussion on care as an ethos for science include Ruth Müller and Martha Kenney, “Agential Conversations: Interviewing Postdoctoral Life Scientists and the Politics of Mundane Research Practices,” Science as Culture 24, no. 4 (2014): 537–59; Charis Thompson, Good Science: The Ethical Choreography of Stem Cell Research (Cambridge, MA: MIT Press, 2013); and Carrie Friese, “Realizing Potential in Translational Medicine: The Uncanny Emergence of Care as Science,” Current Anthropology 54 (S7): S129-S138. 2. From Latin America, see, for example, Luz Gabriela Arango Gaviria, Adira Amaya Urquijo, Tania Pérez-Bustos, and Javier Pineda Duque, eds., Género y cuidado: teorías, escenarios y políticas (Bogotá: Universidad Nacional de Colombia, 2018); Pascale Molinier and Luz Grabriela Arango Gaviria, eds., El trabajo y... (shrink)

Descrevem-se, neste estudo de revisão, as principais posições teórico-epistemológicas, políticas e ideológicas do conceito de gênero em suas inscrições históricas. Apresentam-se o clássico sistema sexo-gênero, as críticas pós-estruturalistas às concepções binárias e biologicistas de gênero, bem como..

“Philosophy is constitutive of good citizenship. It becomes part of what you are when you are a good citizen – a thoughtful person. Philosophy has manyroles. It can be just fun, a game that you play. It can be a way you try to approach your own death or illness, or that of a family member. I’m just focusing on the place where I think I can win over people, and say ‘Look here, you do care about democracy don’t you? (...) Then you’d better see that philosophy has a place.’”. (shrink)

RESUMEN El artículo muestra cómo J. Dewey entiende "lo religioso", no como experiencia separada, sino como intensidad de cada vivencia que realza y expande su cualidad estética. La vida cotidiana constituye el reino del hombre sobre la naturaleza que exige recobrar la relación originaria con esta y, desde allí, con Dios. Esto implica vivir de primera mano toda experiencia individual, toda vez que conlleva ser interpelado por las situaciones problemáticas. Se explica la forma de dicho movimiento de la experiencia. ABSTRACT (...) The article discusses J. Dewey's understanding of "the religious", not as a separate experience, but as the intensity of each lived experience, which enhances and expands its aesthetic quality. Everyday life constitutes the dominion ofthe human over nature, which requires reestablishing the primordial relation to nature and, from there, to God. This implies living fully every individual experience and being interpellated by problematic situations. The article explains the form of that movement of experience. (shrink)