Once a marginal affair, applied phenomenology is now a vast and vibrant movement. With great success, however, comes great criticism, and critics have been harsh, accusing applied phenomenology’s practitioners of everything from spewing nonsense to assailing down-to-earth researchers with gratuitous jargon. In this article, I reconstruct the most damning criticisms as a dilemma: Either applied phenomenology merely describes experience, in which case it offers nothing distinctive, or it involves the kind of analysis characteristic of classical phenomenology, in which case it’s (...) only of interest to a small number of philosophers; either way, we should explore the experiential dimension by other means. Notwithstanding the enormous body of research in applied phenomenology, few authors have tried to explain what makes it an independent intellectual enterprise distinct from pure phenomenology, and none has defused this dilemma. Here I try my hand at both. After considering eight major approaches to applied phenomenology that fail to defuse the dilemma, I propose an approach that, I argue, does the job, one that understands applied phenomenology as a research program that brings the phenomenological method and the resources of at least one other discipline to bear on problems beyond the scope of any monodisciplinary approach. (shrink)

: This article contributes to the contemporary debate regarding the young Heidegger’s method of formal indication. Theodore Kisiel argues that this method constitutes a radical break with Husserl---a rejection of phenomenological reflection that paves the way to the non-reflective approach of the Beiträge. Against this view, Steven Crowell argues that formal indication is continuous with Husserlian phenomenology---a refinement of phenomenological reflection that reveals its existential sources. I evaluate this debate and adduce further considerations in favor of Crowell’s view. To do (...) so, I analyze the young Heidegger’s account of phenomenological communication and argue that it further reflects the continuity that Crowell identifies: as he does with reflection, Heidegger refines Husserl’s account of phenomenological communication and sheds light on its existential sources. (shrink)

The ideal of objectivity is in crisis in science and the law, and yet it continues to do important work in both practices. This article describes that crisis and develops a shared rescue strategy for objectivity in both domains. In a recent article, Inkeri Koskinen attempts to bring unity to the fragmented discourse on objectivity in the philosophy of science with a risk account of objectivity. To put it simply, she argues that we call practitioners, processes, and products of science (...) objective when they identify and manage certain important epistemic risks. We endorse this view and attempt to tailor Koskinen's strategy to the problem of objectivity in the legal context. To do so, we develop a novel notion of phronetic risk, and argue that we call practitioners, processes, and products of law objective when they identify and manage certain important epistemic and/or phronetic risks. Our attempt to rescue objectivity is especially important for work at the intersection of law and psychiatry. For that intersection represents a place where skeptical worries about objectivity in science and law work in tandem to pose serious critical challenges to contemporary practice; and our rescue strategy represents a promising way to negotiate those challenges. (shrink)

The aim of this volume is to critically assess the philosophical importance of phenomenology as a method for studying the normativity of meaning and its transcendental conditions. Using the pioneering work of Steven Crowell as a springboard, phenomenologists from all over the world examine the promise of phenomenology for illuminating long-standing problems in epistemology, the philosophy of mind, action theory, the philosophy of religion, and moral psychology. The essays are unique in that they engage with the phenomenological tradition not as (...) a collection of authorities to whom we must defer, or a set of historical artifacts we must preserve, but rather as a community of interlocutors with views that bear on important issues in contemporary philosophy. The book is divided into three thematic sections, each examining different clusters of issues aimed at moving the phenomenological project forward. The first section explores the connection between normativity and meaning, and asks us to rethink the relation between the factual realm and the categories of validity in terms of which things can show up as what they are. The second section examines the nature of the self that is capable of experiencing meaning. It includes essays on intentionality, agency, consciousness, naturalism, and moral normativity. The third section addresses questions of philosophical methodology, examining if and why phenomenology should have priority in the analysis of meaning. Finally, the book concludes with an afterword written by Steven Crowell. Normativity, Meaning, and the Promise of Phenomenology will be a key resource for students and scholars interested in the phenomenological tradition, the transcendental tradition from Kant to Davidson, and existentialism. Additionally, its forward-looking focus yields crucial insights into pressing philosophical problems that will appeal to scholars working across all areas of the discipline. ks us to rethink the relation between the factual realm and the categories of validity in terms of which things can show up as what they are. The second section examines the nature of the self that is capable of experiencing meaning. It includes essays on intentionality, agency, consciousness, naturalism, and moral normativity. The third section addresses questions of philosophical methodology, examining if and why phenomenology should have priority in the analysis of meaning. Finally, the book concludes with an afterword written by Steven Crowell. Normativity, Meaning, and the Promise of Phenomenology will be a key resource for students and scholars interested in the phenomenological tradition, the transcendental tradition from Kant to Davidson, and existentialism. Additionally, its forward-looking focus yields crucial insights into pressing philosophical problems that will appeal to scholars working across all areas of the discipline. (shrink)

With its rise in popularity, work in the phenomenology of medicine has also attracted its fair share of criticism. One such criticism maintains that, since the phenomenology of medicine does nothing but describe the experience of illness, it offers nothing one cannot obtain more easily by deploying simpler qualitative research methods. Fredrik Svenaeus has pushed back against this charge, insisting that the phenomenology of medicine not only describes but also _defines_ illness. Although I agree with Svenaeus’s claim that the phenomenology (...) of medicine does more than merely describe what it is like to be ill, once one acknowledges its more far-reaching theoretical aspirations, one sees that it faces an even more difficult set of objections. Taking a cue from recent work by Rebecca Kukla, Russell Powell, and Eric Scarffe, I argue that the phenomenology of medicine could answer these objections by developing an institutional definition of illness. This not only allows the phenomenology of medicine to answer its critics, but it does so in a way that preserves its major achievements and extends its reach within the philosophy of medicine. (shrink)

This paper defends Heidegger's account of resolute self-choice against the ubiquitous Decisionism Critique [DC]. According to DC, Heidegger's discussion of resoluteness commits him to an indefensible position in which resolute Dasein is said to choose who it will be without recourse to any reasons or evaluative standards. In response, I argue that DC is based on a misunderstanding of some of the key arguments of Being and Time . I then offer an alternative portrait of Heidegger's account of resolute self-choice (...) and argue that such choice will involve both 1) the consideration of factical claims as reasons that count in favor of a particular way of life and 2) the evaluation of these reasons in light of at least three deliberative standards. Thus, I argue that DC is misguided and needs to be replaced by an interpretation rooted in a more complete understanding of Heidegger's project. (shrink)

Article 12 of the UN Convention on the Rights of Persons with Disabilities guarantees persons with disabilities?the right to legal capacity on an equal basis with others in all aspects of life.? In its General Comment on Article 12, the Committee on the Rights of Persons with Disabilities claims that this guarantee necessitates the abolition of the world?s dominant approach to mental capacity law. According to this approach, when a person lacks the mental capacity to make a particular legal decision (...) at the material time, the state authorizes a third-party to make it on her behalf. The Committee declares such substituted decision-making a violation of the Convention?s guarantee of legal capacity on an equal basis, and therefore demands it be replaced by an allegedly non-discriminatory alternative called supported decision-making. This paper argues that we should reject the Committee?s demand in its current form, because the most influential version of the new approach to supported decision-making suffers from serious conceptual flaws that make it inferior to the mental capacity approach. However, I then argue that the Committee?s demand stems from a legitimate ethical concern with respect and equality that ought to inform the CRPD's implementation process. (shrink)

In this paper I challenge Merold Westphal’s claim that Jean-Luc Marion’s hermeneutical phenomenology is especially useful for theology. I argue that in spite of his explicit allegiance to Husserl’s “principle of all principles,” Marion fails to embody a commitment to phenomenological seeing in his analyses of revelation. In the sections of Being Given where he discusses revelation, Marion allows faith-based claims to bleed into his phenomenological analyses, resulting in what I call his ‘blurred vision’—the pretension that phenomenological seeing can be (...) extended to theological matters. This pretension undermines Marion’s phenomenological aspirations, because it invests his analyses with a theological content that phenomenological intuition cannot account for or clarify. At the same time, this blurring of the line between theology and phenomenology also makes Marion’s work theologically ineffective. For it furnishes the theologian and believer with the false assurance that faith-based commitments can be grounded in phenomenological knowledge—a claim that he simply cannot make good on. In light of these problems, I propose an alternative Heideggerian approach that maintains the boundary between philosophical and theological discourse and thereby safeguards the integrity of both. (shrink)

Article 12 of the UN Convention on the Rights of Persons with Disabilities guarantees persons with disabilities ‘the right to legal capacity on an equal basis with others in all aspects of life.’ In its General Comment on Article 12, the Committee on the Rights of Persons with Disabilities claims that this guarantee necessitates the abolition of the world's dominant approach to mental capacity law. According to this approach, when a person lacks the mental capacity to make a particular legal (...) decision at the material time, the state authorises a third-party to make it on her behalf. The Committee declares such substituted decision-making a violation of the Convention's guarantee of legal capacity on an equal basis, and therefore demands it be replaced by an allegedly non-discriminatory alternative called supported decision-making. This article argues that we should reject the Committee's demand in its current form, because the most influential version of the new approach to supported decision-making suffers from serious conceptual flaws that make it inferior to the mental capacity approach. However, I then argue that the Committee's demand stems from a legitimate ethical concern with respect and equality that ought to inform the CRPD's implementation process. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

The aim of this volume is to critically assess the philosophical importance of phenomenology as a method for studying the normativity of meaning and its transcendental conditions. Using the pioneering work of Steven Crowell as a springboard, phenomenologists from all over the world examine the promise of phenomenology for illuminating long-standing problems in epistemology, the philosophy of mind, action theory, the philosophy of religion, and moral psychology. The essays are unique in that they engage with the phenomenological tradition not as (...) a collection of authorities to whom we must defer, or a set of historical artifacts we must preserve, but rather as a community of interlocutors with views that bear on important issues in contemporary philosophy. -/- The book is divided into three thematic sections, each examining different clusters of issues aimed at moving the phenomenological project forward. The first section explores the connection between normativity and meaning, and asks us to rethink the relation between the factual realm and the categories of validity in terms of which things can show up as what they are. The second section examines the nature of the self that is capable of experiencing meaning. It includes essays on intentionality, agency, consciousness, naturalism, and moral normativity. The third section addresses questions of philosophical methodology, examining if and why phenomenology should have priority in the analysis of meaning. Finally, the book concludes with an afterword written by Steven Crowell. -/- Normativity, Meaning, and the Promise of Phenomenology will be a key resource for students and scholars interested in the phenomenological tradition, the transcendental tradition from Kant to Davidson, and existentialism. Additionally, its forward-looking focus yields crucial insights into pressing philosophical problems that will appeal to scholars working across all areas of the discipline. (shrink)

In this paper I challenge the received view of the relationship between Kierkegaard and Heidegger and explore the relationship between phenomenology and theology. Against the received view—the familiar claim that Heidegger “secularizes” Kierkegaard—I argue that both philosophers attempt to uncover the existential conditions for the possibility of an authentic existence and take the passionate religious life to be one form of such an existence. Therefore, Heidegger’s concept of resoluteness does not represent a secularized break with but rather aphenomenological development of (...) Kierkegaard’s concept of inwardness; and both concepts represent a mode of existence that is the condition for the possibility of genuine Christian faith. This grounding relationship between resoluteness and faith, I argue, is representative of Heidegger’s view of the relationship between phenomenological and theological concepts in general. Thus, my argument not only sheds light onHeidegger’s development of Kierkegaard but it also clarifies some important features of the relationship between phenomenology and theology. (shrink)

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate (...) the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice. (shrink)

There are two extreme poles in the literature on akrasia. Internalists hold that it's impossible to act intentionally against your better judgment, because there's a necessary internal relation between judgment and intentional action. To the contrary, externalists maintain that we can act intentionally against our better judgment, because the will operates independently of judgment. Critics of internalism argue that it fails a realism test—most people seem to think that we can and do act intentionally against our better judgment. And critics (...) of externalism argue that it flirts with incoherence by severing the intimate link between judgment and action. Drawing on resources from phenomenology, the cognitive sciences, analytic action theory, and recent “hybrid models” of skilled action, I argue that one route beyond this theoretical impasse is to understand akrasia as a form of skillful pre-reflective intentional action. This strategy, I argue, preserves the internalist insight that there is indeed an intimate relation between judgment and intentional action; and it also confirms the externalist claim that this relation is defeasible, but it does so without falling into incoherence. (shrink)

This article challenges the claim that the rise of naturalism is devastating to religious belief. This claim hinges on an extreme interpretation of naturalism called scientism, the metaphysical view that science offers an exhaustive account of the real. For those committed to scientism, religious discourse is epistemically illegitimate, because it refers to matters that transcend—and so cannot be verified by—scientific inquiry. This article reconstructs arguments from the phenomenological tradition that seem to undercut this critique, viz., arguments that scientism itself cannot (...) be justified without recourse to matters that transcend scientific inquiry. If this is true, then scientism and religion share a cognitive conundrum: a commitment to truths that cannot in principle be known from our current perspective. (shrink)

This book offers the first edited volume to thematically foreground Heidegger’s complex relation to “the life of reason” and its relation to normativity. Authored by world-class phenomenologists and Heidegger scholars, it presents cutting-edge, convention-challenging scholarship on Heidegger’s relationship to the phenomenological traditions.

In this paper I challenge Merold Westphal's claim that Jean-Luc Marion's hermeneutical phenomenology is especially useful for theology. I argue that in spite of his explicit allegiance to Husserl's "principle of all principles," Marion fails to embody a commitment to phenomenological seeing in his analyses of revelation. In the sections of Being Given where he discusses revelation, Marion allows faith-based claims to bleed into his phenomenological analyses, resulting in what I call his 'blurred vision'—the pretension that phenomenological seeing can be (...) extended to theological matters. This pretension undermines Marion's phenomenological aspirations, because it invests his analyses with a theological content that phenomenological intuition cannot account for or clarify. At the same time, this blurring of the line between theology and phenomenology also makes Marion's work theologically ineffective. For it furnishes the theologian and believer with the false assurance that faith-based commitments can be grounded in phenomenological knowledge—a claim that he simply cannot make good on. In light of these problems, I propose an alternative Heideggerian approach that maintains the boundary between philosophical and theological discourse and thereby safeguards the integrity of both. (shrink)