How can it be that the fiduciary relationship has trust at its core if trust is neither a necessary nor a sufficient condition for the existence of such a relationship? My aim in this article is to make some arguments that I think might assist in solving that puzzle. First, I argue that fiduciary relationships are likely to be characterized by relatively ‘thick’ interpersonal trust. Secondly, I argue that moral duties referring to trust play a role in the justification of (...) fiduciary duties, but that the role of trust in the underlying moral duties is contingent, yielding only a contingent connection between trust and fiduciary duties. Finally, I argue that a goal of fiduciary law should be enabling and supporting trusting relationships, but that this goal should be viewed within a broader liberal outlook according to which fiduciary law also enables and supports relationships on terms of detachment. (shrink)

Normative cognition seems rather important, even ineliminable. Communities that lack normative concepts like SHOULD, IS A REASON TO, JUSTIFIES, etc. seem cognitively handicapped and communicatively muzzled. And yet a popular metaethic, normative naturalism, has a hard time accommodating this felt ineliminability. Here, I press the argument against normative naturalism, consider some replies on behalf of normative naturalists, and suggest that a version of sophisticated subjectivism does the best job preserving the importance and ineliminability of the special, normative way of thinking.

This paper seeks to illuminate the nature of empathy by reflecting upon the phenomenology of depression. I propose that depression involves alteration of an aspect of experience that is seldom reflected upon or discussed, thus making it hard to understand. This alteration involves impairment or loss of a capacity for interpersonal relatedness that mutual empathy depends upon. The sufferer thus feels cut off from other people, and may remark on their indifference, hostility or inability to understand. Drawing upon the example (...) of depression, I argue that empathy is not principally a matter of ‘simulating’ another person’s experience. It is better conceived of as a perception-like exploration of others’ experiences that develops progressively through certain styles of interpersonal interaction. (shrink)

Do humans have a reliable conscience? Do we have generally reliable (though fallible) moral intuitions? Many believe so. However, this idea is hard to reconcile with two broad scientific findings. First, consider the extensive moral diversity documented in the scientific literature. The moral differences we find across cultures and history should make us wonder whether we humans really do have a reliable conscience. Second, consider the influential role of culture. The scientific literature tells us that cultural processes largely determine the (...) specific content of our moral norms and intuitions. But this raises a problem. Cultural processes seem highly contingent: they can easily lead humans to all sorts of moral intuitions, including nasty ones. So why should we trust our culturally shaped conscience? Elsewhere I have argued that secular “moral objectivists” or “moral realists” have no good explanation (Braddock 2016; 2021). Now my question is this: can we explain the reliability of our conscience theologically, in a way that accommodates the scientific findings of moral diversity and the role of culture? Can theology’s doctrine of conscience succeed where secular moral philosophy has failed? That is my puzzle, which I explore in this paper. (shrink)

Lawrence Powers advocates a one-fallacy theory in which the only real fallacies are fallacies of ambiguity. He defines a fallacy, in general, as a bad argument that appears good. He claims that the only legitimate way that an argument can appear valid, while being invalid, is when the invalid inference is covered by an ambiguity. Several different kinds of counterexamples have been offered from begging the question, to various forms of ad hominem fallacies. In this paper, I outline three potential (...) counterexamples to Powers' theory, including one that has been addressed already by Powers, and two which are well known problems, but until now have never been applied as counterexamples to Powers' theory. I argue that there is a simpler explanation of these 'hard' cases than positing ambiguities that are not obviously there. (shrink)

This chapter contains sections titled: What I s Regulation? How Should We Morally Evaluate Regulation? Welfarism; the Pareto Principle; Kaldor‐Hicks Efficiency versus Social Welfare Functions The Two Fundamental Theorems of Welfare Economics and the Market Failure Framework Externalities Public Goods and Monopoly Power The Coase Theorem Information and Paternalism as Rationales for Regulation Regulatory Forms and Regulatory Choice Criteria References.

In lieu of an abstract, here is a brief excerpt of the content:The Role of Glass in Interior Architecture:Aesthetics, Community, and PrivacyMatthew Ziff (bio)Design education seeks to infuse students with knowledge, skills, and attitudes, regarding the design of the built environment. In the areas of knowledge and attitude, sophistication and competence are developed through both practice (largely carried out in the design studio environment), and engagement with critical analysis (largely carried out in seminar classes and traditional lecture format class environments). (...) For design students the world of design is both to be known and understood, and to be created, at their own studio desk. In order to both know and create design, students often behave like nocturnal predators, seeking what is necessary in a mode that is often unobserved, and then returning to digest their catch, to produce responsive and synthetic work. One arena in which design students find rich fields of information is that of material characteristics. Materials used in the design and construction of the built environment form a significant portion of the skeleton of a designer's body of knowledge, skills, and attitudes toward design. A current hotbed of material character and application is that of the world of glass. This essay is an exploration of some of the issues that the architectural uses of glass raise from the point of view of design student exploration.Materials evoke physical and psychological responses. Human beings are complex creatures and an individual's response to specific material applications can be unpredictable. Even so, it is reasonable to expect that there are shared attitudes that form the basis for responses to the physical character of the built environment. From delight, to confusion, materials used in the architecture of things large and small, from buildings to fountain pens, contain literal meaning, or expression of method, as well as possible symbolic and cultural meaning. The contemporary use of glass, particularly in interior architecture, presents a vivid arena for emotional and intellectual stimulation and response. [End Page 10]Glass planes that are sheer, opaque, translucent, colorful, brittle, imposing in mass, irregular in surface texture, flawlessly smooth, deformed through casting or by application of pressure and heat, are being used to create spaces that convey ambiguous relationships between private experience and public display. What is an ambiguous relationship? It is one to which a reasonable response is a high degree of uncertainty regarding the course of action one might take, or in the degree of understanding of the context one can develop. To know that the stair in the train station leads to track 4 is a condition that can be created by the use of unambiguous design; a visual connection from where one has to make a choice of paths to follow to the destination, track 4, creates a clear understanding of where track 4 is to be found. If track 4 can be seen from the position at which a choice is required, then certainty, clarity, is possible, if not probable. Visual connection is exactly what clear glass allows, and provides, yet ambiguity results because of the physical, hard barrier, transparency aside. "I can see track 4, but I cannot get there". The clarity provided by being able to see through glass, or even by being able to see light coming through translucent glass, is not sufficient to offset the uncertainty, or the mixed message, of not being able to get there, to touch what we can see.Glass in interiors offers a tactile and sensory titillation; the excitement of knowing that with a single swing of a hammer, or an umbrella handle, the beautiful sheet of curved frosted lemon ice colored tempered glass can be shattered into fragments.Windows have long been the predominant interior and exterior architectural element in which glass has played a major role. The glass used in Windows on the World, the famous restaurant atop the World Trade Center, destroyed during its collapse, and the glass used in a simple double hung window in a one story ranch house each share architectural duties of providing view from inside to outside, light transmission from outside to inside, heat gain, and acoustical isolation. Human eyes are sometimes described as "windows to the soul," which suggests the ability to... (shrink)

Representationalism is widely thought to grease the skids of ontological reduction. If phenomenal character is just a certain sort of intentional content, representationalists argue, the hard problem of accommodating consciousness within a broadly naturalistic view of the world reduces to the much easier problem of accommodating intentionality. I argue, however, that there’s a fatal flaw in this reasoning, for if phenomenal character really is just a certain sort of intentional content, it’s not anything like the sort of intentional content described (...) by our best naturalistic theories. These theories make intentional content a mere Cambridge property of intentional states, a property that can be gained or lost through changes to distinct and causally disconnected objects. But consciousness is manifestly not like this; consciousness cannot suffer a mere Cambridge change. Thus, whatever ground is gained by explaining the phenomenal in terms of the intentional is lost again by undermining our best attempts to explain the intentional in terms of the natural. A Pyrrhic victory at best. (shrink)

The album Echo was produced in a depressed, drug-riddled phase when Tom Petty’s first marriage was ending and his physical condition so degraded that he took to using a cane. Petty filmed no videos, avoided playing the album’s songs on the follow-up tour and reported little memory of its making. The thoughtfulness and self-reflection that traumatic circumstances spur distinguish the album. So too does the tendency to look backwards in times of crisis, whether in hopes of finding solidity in the (...) past or just out of exhausted inability to cope with the present. -/- While melancholically creative, the album might be regarded as an echoing of past musical fragments. The sprightly mix of acoustic and electric guitars, the backing vocal harmonies and the stories of loss in songs such as “Won’t Last Long” and “This One’s for Me” harken to Petty’s albums from the late 80s to mid-90s. “Accused of Love” similarly contains echoes of Petty’s more upbeat work, but with depressing lyrical undertones. The production qualities and lyrics of “Rhino Skin” recollect “Asshole,” a Beck cover from Petty’s previous album. “I Don’t Wanna Fight”—a Heartbreakers performance composed and sung by Mike Campbell—returns to the hard driving rock of Damn the Torpedoes. The lyrics, straight-laced drums and layered drones of electric guitars of “Free Girl Now” go back further to “American Girl,” which itself was influenced by psychedelic music. At the same time, all of this typifies Petty’s oeuvre. Throughout his career, he made music steeped in past rock traditions. He was also a seminal figure in Southern rock, with its emphatically nostalgic character. -/- The crisis that Petty was experiencing echoes throughout the album in more specific ways, with many songs repeating the theme of being up or down, high or low. The theme of fighting or not wanting to has an especially strong echo, showing up in “Swingin’,” “Billy the Kid” and “I Don’t Wanna Fight.” These songs, in turn, exhibit nostalgia for past icons, with protagonists going down hard like Billy the Kid; or going down swinging like Sonny Liston; or again like Benny Goodman, Glenn Miller and Sammy Davis in a punny reference to the swing era. -/- The retrospective feel of the album is one of looking to the past for the sake of self-preservation in the present, along lines discussed by Nietzsche. While symptomatic of illness, Nietzsche maintains this movement “springs from the protective instinct of a degenerating life which tries by all means to sustain itself and to fight for existence.” This seeming denial of growth can, as Nietzsche continues, be “among the greatest conserving and yes-creating forces of life.” Petty clearly associated Echo with personal grief, refusing to listen to it for years. As with many other examples of art, however, the album was also a way of surviving and growing beyond a present trauma, and one more specifically that compelled him to overcome an important part of his past, namely, his wife of 20-plus years. One can speculate that clinging to fragments of the past—musical and otherwise—was a way of coping with a difficult present and a fading past. (shrink)

Crises of forced migration are, unfortunately, nothing new. At the time of the writing of this paper, at least two such crises were in full swing – mass movements from the Middle East and parts of Africa to the E.U., and major movements from Central America to the Southern U.S. border, including movements by large numbers of families and unaccompanied minors. These movements are complex, with multiple causes, and it is always risky to attempt to craft either general policy or (...) philosophical positions in response to salient crises. However, both of these instances do bring to the foreground important questions about the proper purpose and extent of refugee protection as a means of dealing with crises of forced migration. In particular, both of these instances force us to consider what role persecution on the basis of a protected ground – race, religion, nationality, membership in a particular social group, or political opinion – ought to play in granting refugee protection, and whether our response to those in danger should change if the agents of persecution are non-state actors. This paper is not primarily about the problems arising from Syria or Central America. In a way similar to how hard cases make bad law, I contend that a too central focus on salient crises tends to lead to bad theory and often to bad general policy. However, if I am successful in my goal of clarifying the place of persecution and non-state action in refugee protection, then we may in turn be better able to think clearly about our current crisis situations. -/- In this paper I will first draw on my previous work on the normative logic of the refugee convention to argue that, while persecution should play an important, and even central, role in our thinking about refugees, this importance is shallow and pragmatic rather than deep and fundamental. Next, I will show how this conclusion supports the claim that harms amounting to persecution by non-state actors may ground an asylum claim, at least in some cases, both when the state is unwilling and when it is unable to protect its members. I consider two cases: first, instances where the authority and power of the state has been usurped by another power, and second, when the state has (implicitly or explicitly) delegated its power or authority to non-state actors. I will show how this leads to extending asylum to a broader range of people than traditional accounts would. -/- (To download this paper, please use the link from SSRN below.). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Mensonge MélodramatiqueTriangular Desire in Sense and SensibilityMatthew Taylor (bio)The Passions are perfectly unknown to her; she rejects even a speaking acquaintance with that stormy Sisterhood; even to the Feelings she vouchsafes no more than an occasional graceful but distant recognition; too frequent converse with them would ruffle the smooth elegance of her progress. Her business is not half so much with the human heart as with the human eyes, (...) mouth, hands and feet; what sees keenly, speaks aptly, moves flexibly, it suits her to study, but what throbs fast and full, though hidden, what the blood rushes through, what is the unseen seat of Life and the sentient target of Death—this Miss Austen ignores.—Charlotte Brontë1"Oh! mama, how spiritless, how tame was Edward's manner in reading to us last night! I felt for my sister most severely. Yet she bore it with so much composure, she seemed scarcely to notice it. I could hardly keep my seat. To hear those beautiful lines which have frequently almost driven me wild, pronounced with such impenetrable calmness, such dreadful indifference!" [End Page 189]—Marianne in Sense and Sensibility2Charlotte Brontë had probably not read Sense and Sensibility (SS) before making her famous indictment of Jane Austen above, otherwise she would have found herself prophetically, and mercilessly, parodied through the character of Marianne Dashwood.3 Marianne's critique of Edward above matches Brontë's denunciation with uncanny precision. Marianne, the "stormy sister" of the novel, carries on in the same vein through most of it. What she proclaims as passionate sensibility comes off instead as, at varying times, snooty, self-indulgent, exhibitionist, and histrionic. Marianne even assumes the role of Brontë's "sentient target of Death" not long after she is cruelly jilted by Willoughby, when she wanders listlessly outdoors in the damp. It is not unlike Jane Eyre's numb wanderings when she flees Thornfield and Rochester. This "acting out" by Marianne comes close to killing her.Marianne's romantic "sensibility" contrasts with her sister Elinor's "sense." Yet, of course, readers of SS will come to know that Elinor can feel just as deeply and passionately as Marianne; she just has to conceal it. Elinor can suffer as much, too, only without the luxury of wearing it on dew-drenched sleeves. Thus, we have the thematic frame of the novel, suggested in the title. As Austen's first published novel, SS is brilliant, mature, and confident. One weakness seems to be a Brontëan one, the melodramatic coincidence in the plot that connects Colonel Brandon's secret life of compassion to Willoughby's secret sins. Otherwise, SS sits very well alongside Austen's other five masterpieces.4From the perspective of René Girard's mimetic theory, mimesis comes out with a bang in SS.5 Not only is Marianne a principal character in Austen's first canonical novel, but her romantic sensibility is thematized in the title.6 "Sensibility" for Marianne is feeling, unmediated desire expressed in unrestrained language and impulsive action. Yet Marianne's actions are anything but unmediated, and they are compulsive rather than impulsive. Even when she finally overcomes the worst symptoms under the influence of Elinor, and even though we do develop genuine sympathy for her, Marianne never comes to any deep self-knowledge. Marianne perfectly encapsulates Girard's mensonge romantique, or "romantic lie."Implying that Marianne is a liar is not a comfortable stance, and not just because we may be fond of her, but because she is open and sincere—to a fault. Yet just because Marianne is honest about her feelings, it does not follow that she is accurate about them. In fact, this is often a problem in interpreting Marianne: Her self-characterization is accepted uncritically.7 From that basis, she is framed, somewhat understandably, as representing one side of a moral debate about sensibility.8 Austen is seen as being for it, or against it, or working out some sort of accommodation. Austen is further assessed as having done [End Page 190] so well, or badly, or indifferently, as the case may be. Then Austen is seen as conforming to cultural standards, or challenging... (shrink)

“A Liberal Account of Addiction‘ is a major contribution to the discussion of addiction, its treatment, and the social and policy issues which arise from it. Questioning as it does many generally accepted assumptions about addictive behavior, particularly the use of hard drugs, it will provoke even those who do not agree with it to rethink their positions. Many of its suggestions are relevant also, in my opinion, to thinking about other areas of psychiatric interest. Nevertheless, I want to argue (...) that its authors have perhaps not freed themselves sufficiently from some common assumptions, in particular about the nature of mental disorder, and that their argument might benefit from such liberation. The central assumption that I have in mind is that understanding human actions is nothing but understanding the brain activity that accompanies them. If so, then a pattern of behavior can count as a ’mental disorder’ in any clinically or legally relevant sense only if it is the result of a brain disease, causing a breakdown in normal brain functioning. Starting from this assumption, the authors seek to show, by means of evidence from neuroscience, that addiction to drugs does not have a unique ’neural substrate,’ distinct from that of any other kind of pleasure-seeking behavior. When we have a pleasurable experience of any kind, as they point out, dopamine is normally released within the brain. This, they say, activates the ’reward’ pathways, making the person more likely to repeat the behavior that gives rise to the pleasurable experience in questionÑwhether it is eating, sex, or injecting heroin. Addiction, they argue, is therefore just a tendency to repeat an intensely pleasurable experience, whatever the nature of that experience might be. The particular chemistry of the substance involved in this particular form of pleasure is, they argue, irrelevantÑall that matters is that the experience it gives someone is pleasant. Addiction, they. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“Garrulus sum et loquax et expedire nescio. Diu te tenui in istis, sed de cetero procedam.” These are the words of Richard Rufus of Cornwall, a thirteenth-century Scholastic and lecturer at the Universities of Paris and Oxford. Rufus is apologizing to his readers: “I am garrulous and loquacious, and I don’t know how to be efficient. I have detained you with these things a long while, but let me (...) now proceed to another topic.” This apology introduces the third part of the Speculum animae, a preliminary modern edition of which we publish here. In this short treatise, Rufus presents a unique Aristotelian theory of perception, describes what is and is not intelligible, and finally proves to his own satisfaction the immortality of the rational soul. To us this would hardly seem the place to apologize for being long-winded; indeed, we might wonder how Rufus could accomplish such an ambitious task in such a short treatise. We would certainly not accuse him of excessive verbosity. But Rufus was a man of exceptional humility, who once referred to himself as the least of the lesser thinkers of his time.1Despite Rufus’s humility, he was no minor figure in the development of Scholastic philosophy. A teacher at the Universities of Paris and Oxford ,2 he is the author of the earliest known, surviving lectures on several of Aristotle’s major texts, including the Metaphysics, the Physics, De generatione et corruptione, and De anima3 . In fact, Rufus was one of the very first lecturers to teach the libri naturales at Paris after a ban on such instruction was effectively lifted in 1231 A.D. His works were influential not only among his contemporaries, but also among later authors, particularly John Duns Scotus. Roger Bacon, though a harsh critic of Rufus, acknowledged Rufus’s influence and fame decades after his death, albeit among what Bacon termed the “vulgar multitude.”4The Speculum animae is one of Rufus’s later works. He begins the treatise by posing the following question: “In what way is the soul all things?” This refers, of course, to a familiar doctrine Aristotle establishes in the De anima—that the soul is, in some way, all things —and Rufus is here seeking to clarify it. But this is, in fact, only the first of five questions addressed in the Speculum. The five questions Rufus posits and answers in this treatise are, in order:1. In what manner is the soul all things?2. In what manner do a sensible and the sense, or an intelligible and the possible intellect, become one?3. What is predicated and of what is it predicated?4. What is intelligible?5. What is the cause of the immortality of the soul?In this short work, therefore, Rufus addresses apparently diverse topics including perception, understanding, logic, and the nature of the soul. But, in fact, the Speculum is principally a summary of Rufus’s theory of human perception and understanding. Like other medieval theories of perception and understanding, Rufus’s theory centers around the notion of species, a kind of form that is received in the soul when a person senses something or grasps something intellectually.5 In this, and in other aspects of the theory, Rufus was heavily dependent on Aristotle and St. Augustine. Rufus was working in a philosophical tradition based on Aristotle’s categories that had been accepted for centuries in the West. But in his lifetime, the Aristotelian corpus was enlarged to include Aristotle’s psychology and more generally his natural philosophy and metaphysics, together with the commentaries of Averroës . As is well known, this philosophical tradition was respected and continued not just by Rufus but by many authors after his time.So what makes Rufus’s theory.. (shrink)

This paper examines the central criticisms that come, broadly, from the modern, ‘analytic’ tradition, of Pierre Hadot’s idea of ancient philosophy as a way of life.: Firstly, ancient philosophy just did not or could not have involved anything like the ‘spiritual practices’ or ‘technologies of the self’, aiming at curing subjects’ unnecessary desires or bettering their lives, contra Hadot and Foucault et al. Secondly, any such metaphilosophical account of putative ‘philosophy’ must unacceptably downplay the role of ‘serious philosophical reasoning’ or (...) ‘rigorous argument’ in philosophy. Thirdly, claims that ancient philosophy aimed at securing wisdom by a variety of means including but not restricted to rational inquiry are accordingly false also as historical claims about the ancient philosophers. Fourthly, to the extent that we must (despite (3)) admit that some ancient thinkers did engage in or recommend extra-cognitive forms of transformative practice, these thinkers were not true or ‘mainline’ philosophers. I contend that the historical claims (3) and (4) are highly contestable, risking erroneously projecting a later modern conception of philosophy back onto the past. Of the theoretical or metaphilosophical claims (1) and (2), I argue that the second claim, as framed here, points to real, hard questions that surround the conception(s) of philosophy as a way of life. (shrink)

Early in 1982 I decided I needed to get some firsthand experience in the teaching of Pixie. Pixie had been published the previous year and was already in use in a number of school districts. Since I wasn't getting much feedback from the teachers, I decided to offer an abbreviated course in Pixie to some fourth graders. The school I selected was P.S. 87, in Manhattan. The principal, Naomi Hill, was hospitable to the idea, and the classroom teacher, Gloria Goldberg, (...) made me feel quite welcome. I promised to arrive at 9:00 every Thursday, and to stay for 30 or 40 minutes. I knew I could hardly accomplish much in so short a time: Pixie would normally be offered for three 45-minute sessions a week for the entire school year. In all, I was able to manage only twelve sessions, during which time we read the first six chapters and the last episode in the seventh. (shrink)

Stewart Cohen offers a critique of much contemporary epistemology. Epistemologies use the term ‘epistemic’ in order to specify the issues they investigate and about which they disagree. Cohen sees widespread confusion about these issues. The problem, he argues, is that ‘epistemic’ is functioning as an inadequately defined technical term. I will argue, rather, that the troubles come more from non-technical vocabulary, in particular with ‘justification’ and ‘ought’, and generally from the difficulty of explaining normativity. Overall, the message of this paper (...) is that normativity is what’s hard to understand, not the term ‘epistemic.’. (shrink)

We regularly appeal to claims of the form it seems that p in defense of a claim p. When we do so, we typically take it seems that p to be a reason for thinking that p but also a reason that “gets at” a relevant body of facts and its support for p. Other things being equal, we should want to vindicate our ordinary beliefs on this matter. We should want to vindicate the claim that facts about things seeming (...) certain ways can be reasons to think that things are that way while at the same time being somehow derivative reasons, that is, reasons only because they “get at” support from a certain body of facts. However, on the dominant view of how things seem—subjectivism—it is hard to see how to secure this result. Subjectivism takes how things seem to be a matter of how things do or would seem to some relevant subject. What we need is a defensible, nonsubjectivist account of how things seem. I propose and defend an account according to which, roughly, it seems that p iff the body of facts in the relevant perspective supports that p. (shrink)

To many, judgment has seemed a locus of cognitive agency, a kind of cognitive mental act. In one minimal sense, judgment is something one does. I consider whether judgment is more robustly agential: is it a kind of action done with an aim? The most attractive version of this sort of position takes judging that p to affirming that p with an alethic aim, an aim such as affirming truly. I argue that such views have unacceptable consequences. Acts done with (...) aims, in general, can be based only indirectly on evidence that one would attain the aim in so acting. It follows that if alethic aims theories of judgment were correct, a judgment that p could be based only indirectly on evidence for p. This itself would be problematic. But the problems extend further. Given the connection between judgment and belief-formation, it would follow, further, that the beliefs we form through judgment could at best be only indirectly based on evidence for p. On these theories, the direct bases for a judgment that p would have to be either a belief that p or a belief that it’s likely that p. The former cannot support belief-formation and the latter supports at best epistemically inappropriate belief-formation. I conclude that there is a hard limit on how robustly agential judgment can be. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophical Adventures in the Lands of Oz and EvGareth B. Matthews (bio)Charles Dodgson, using the pen name “Lewis Carroll,” was the first author in English to write philosophical fantasy for children. In naming his first Alice book Alice’s Adventures in Wonderland,1 Lewis Carroll may have been inspired by the famous saying of Aristotle that philosophy begins in wonder. More exactly, what Aristotle said was this: “For it is owing (...) to their wonder (thaumazein) that people both now begin, and first began to philosophize (philosophein)” (Metaphysics I, 1982b12-13). Plato expresses a similar idea in his dialogue Theatetus: “This is an experience characteristic of philosophy,” Plato has Socrates say, “this wondering: this is where philosophy begins and nowhere else” (155d).A reader might suppose that the wonder Plato and Aristotle thought could stimulate us to do philosophy was a Kantian awe at “the starry heavens above me and the moral law within me.”2 But, in fact, the wonder Plato and Aristotle allude to is a surprised recognition that something we thought we understood perfectly well actually presents a challenging perplexity (aporia). So for both Plato and Aristotle, philosophy begins in the wonder at a philosophically interesting perplexity.3 And, indeed, Alice’s adventures in Wonderland are adventures in philosophical perplexity.The first American writer of philosophical fantasy for children was L. Frank Baum, author of The Wonderful Wizard of Oz4 and a number of other Oz books. For Baum philosophical fantasy took a rather different form from the fantasy of Lewis Carroll. This should hardly be surprising. After all, Carroll was a philosopher and an Oxford don whose specialty was logic. The hallmark of his fantasy is clever and thought- provoking [End Page 37] repartee, such as one might hope to hear at high table in an Oxford college. Consider this passage from chapter 7 (“A Mad Tea-Party”) of Alice in Wonderland:“Take some more tea,” the March Hare said to Alice, very earnestly.“I’ve had nothing yet,” Alice replied in an offended tone, “so I can’t take more.”“You mean you can’t take less,” said the Hatter: “it’s very easy to take more than nothing.”5As this passage helps us realize, “A has had more tea than B” is normally taken to imply that, although both A and B have had some tea, the amount that A has had is more than the amount that B has had. However, it can also be taken to mean simply that the amount A has had is more than the amount B has had, even where, in the case of B, that amount is zero. Or consider this exchange from chapter 6 (“Humpty-Dumpty”) of Through the Looking-Glass:“I don’t know what you mean by ‘glory,’” Alice said.Humpty Dumpty smiled contemptuously, “Of course you don’t—till I tell you.I meant ‘There’s a nice knock-down argument for you!’”“But ‘glory’ doesn’t mean ‘a nice knock-down argument,’” Alice objected.“When I use a word,” Humpty Dumpty said, in rather a scornful tone,“it means just what I choose it to mean—neither more nor less.”“The question is,” said Alice, “whether you can make words mean so many different things.”“The question is,” said Humpty Dumpty, “which is to be master—that’s all.”6This characteristically clever and amusing exchange forces readers to make a distinction between lexical meaning and speaker meaning. Of course the word “glory” does not mean “there’s a nice knock-down argument for you,” but what a speaker might mean to communicate by using the word “glory” is another issue. Moreover, the relationship between lexical meaning and speaker meaning is a very interesting issue in linguistics and the philosophy of language.Nothing like this clever repartee is to be found in the Oz books. Nor should that fact be very surprising. Frank Baum never took a philosophy course; he never even went to college. He was a theater producer and journalist. Yet, despite this lack of academic background, perhaps the most striking feature7 of Baum’s writing—something almost universally ignored in the scholarly literature on Baum... (shrink)

I offer an account of truth that combines elements of deflationism and traditional correspondence theories. We need such an intermediary account, I argue, in order to adequately answer two kinds of questions: "Why do we find it obvious that 'p' is true iff p?" and "Why is it contingent that 'p' is true iff p?" If what it is for 'p' to be true is explained by simply saying that p, as the deflationist claims, it is hard to see how (...) it could be contingent that 'p' is true iff p. But if it is claimed instead that what it is for a sentence to be true is for it to correspond to a fact, we still need some explanation of why 'p's correspondence with reality insure that p, and vice versa. What we need, I claim, is to recognize a structure to truth: truth for sentences, utterances, and other non-propositional entities depends on, and is analyzable in terms of, the expression of true propositions. Propositional truth can then be treated as insubstantial, as deflationary, and truth for other entities as substantial, consisting of correspondence to a fact . ;This account of truth, which I call Weak Deflationism, anchors the dissertation. In an introductory chapter, I give a partial defense of realism about propositions and properties, later defending Platonism against attacks by David Lewis. After formulating Weak Deflationism, I examine its implications for such matters as the "absurd comparison" objection, the truthmaker project in ontology, and non-factualist theories in metaethics. In a final chapter, I provide a Kripke-inspired modification of Weak Deflationism aimed to avoid liar-like paradox. Premised on a distinction between propositions that predicatively involve truth, i.e., truth-dependent propositions, and those that do not, truth-independent propositions, I argue that truth for the latter is deflationary and that truth for the former consists in being determined by the totality of truth-independent fact. Falsity is understood as truth of the negation. Liars are then counted neither true nor false, and paradox is averted. (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)

: 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)

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)

This paper examines the puruṣa concept in the Caraka Saṃhitā, an early text of Ayurveda, and its relation to Indic thinking about phenomenal worldhood. It argues that, contrary to the usual interpretation, early Ayurveda does not consider the person to be a microcosmic replication of the macrocosmos. Instead, early Ayurveda asserts that personhood is worldhood, and thus the person is non-different from the phenomenal totality of his existence. This is confirmed by the CS’s several definitions of puruṣa, which are alternately (...) posed in terms familiar to Vaiśeṣika, early Sāṃkhya, early Buddhism, and Upaniṣadic monism. It is likewise confirmed by the Ayurvedic logic of sāmānya, which governs the meaning of the list of person-to-world correspondences in CS 4.5 and its often misinterpreted claim, puruṣo’yam lokasaṃmitaḥ. Finally it is confirmed in the program of Ayurvedic therapeutics, which aims at establishing various kinds of “appropriateness” for the sake of effecting samayoga—the “harmonious joining” of person and world. (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)

All organisms live in close association with microbes. However, not all such associations are meaningful in an evolutionary context. Current debate concerns whether hosts and microbes are best described as communities of individuals or as holobionts (selective units of hosts plus their microbes). Recent reports that assortative mating of hosts by diet can be mediated by commensal gut microbes have attracted interest as a potential route to host reproductive isolation (RI). Here, the authors discuss logical problems with this line of (...) argument. The authors briefly review how microbes can affect host mating preferences and evaluate recent findings from fruitflies. Endosymbionts can potentially influence host RI given stable and recurrent co‐association of hosts and microbes over evolutionary time. However, observations of co‐occurrence of microbes and hosts are ripe for misinterpretation and such associations will rarely represent a meaningful holobiont. A framework in which hosts and their microbes are independent evolutionary units provides the only satisfactory explanation for the observed range of effects and associations. (shrink)

This study examines the use of a modified form of the theory of planned behavior in understanding the decisions of undergraduate students in engineering and humanities to engage in cheating. We surveyed 527 randomly selected students from three academic institutions. Results supported the use of the model in predicting ethical decision-making regarding cheating. In particular, the model demonstrated how certain variables (gender, discipline, high school cheating, education level, international student status, participation in Greek organizations or other clubs) and moral constructs (...) related to intention to cheat, attitudes toward cheating, perceptions of norms with respect to cheating, and ultimately cheating behaviors. Further the relative importance of the theory of planned behavior constructs was consistent regardless of context, whereas the contributions of variables included in the study that were outside the theory varied by context. Of particular note were findings suggesting that the extent of cheating in high school was a strong predictor of cheating in college and that engineering students reported cheating more frequently than students in the humanities, even when controlling for the number of opportunities to do so. (shrink)

At the same time that social justice concerns are on the rise on college campuses, empathy levels among US college students are falling. Social injustice resulting from organizational decisions and actions causes profound and unnecessary human suffering, and research to understand antecedents to these decisions and actions lacks attention. Empathy represents a potential tool and critical skill for organizational decision-makers, with empirical evidence linking empathy to moral recognition of ethical situations and greater breadth of understanding of stakeholder impact and improved (...) financial success. This study explores the potential relationship between empathy and social justice, using a multifaceted operationalization of social justice, which includes management actions and social sympathies. Results broadly support the positive empathy and social justice relationship and suggest higher education interventions to develop empathy in college business students. (shrink)

The essay considers what respect demands and what trust demands when one person trusts another. What respect requires in responding to trust is substantial but limited, ranging from the sharply proscriptive to the mildly prescriptive. What trust requires is, in a sense, unlimited, its content depending on the extent to which the person who trusts, and more importantly the person who is trusted, seek to build a relationship characterised by trust and trustworthiness.

Trust may be an important organizing idea when thinking about law. However, if trust is to be deployed usefully as an organizing idea when thinking about law, work must be done to understand what trust is, what it does and what effect it has. This article explores one aspect of interpersonal trust that may be relevant when thinking about law. The article considers how one person might manifest trust to another. In so doing, the article considers types of action that (...) are ill- and well-suited to manifesting trust. It then considers why it might be important to manifest trust. Finally, the article suggests some lines of future inquiry by pointing to how the phenomenology of trust might be significant when assessing the sorts of claims about trust that lawyers typically make. (shrink)

Throughout the bulk of the Reformed Tradition’s history within both Europe and the United States, most scholars have dismissed pastor and theologian Moïse Amyraut as a seventeenth century French heretic whose actions and theology led to the demise of the Huguenots in France. However, upon further introspection into Amyraut’s claims as being closer to Calvin (soteriologically) than his Genevan successors, one finds uncanny parallels in the scriptural commentaries and biblical insight into the expiation of Christ between Calvin and Amyraut. By (...) comparing key scriptural passages concerning the atonement, this article demonstrates that Reformed theologian Moïse Amyraut in fact propagated a universal atonement theory which parallels Calvin’s, both men ascribing to biblical faithfulness, a (humanistic) theological method, and similar hermeneutic. As such, both Calvin and Amyraut scripturally contend that God desires and provided the means for the salvation of the whole world. Further, the article demonstrates that Calvin’s successor, Theodore de Beza, could not in fact make the same claims as Amyraut, this article demonstrating that Beza went beyond Calvin’s scriptural approach to Christ’s expiation. Therefore, this article supports a more centrist approach from within and outside the Reformed tradition by demonstrating that Calvin and Amyraut concentrically held to God’s gracious provision in Christ for the saving of the whole world, for those who would believe in Christ for salvation. (shrink)

Charity Law and the Liberal State considers questions relating to state action and public discourse that are raised by the law of charity. Informed by liberal philosophical commitments and of interest to both charity lawyers and political philosophers, it addresses themes and topics such as: the justifiability of the state's non-neutral promotion of charitable purposes; the role of altruism in charity law; charity law, the tax system and the demands of distributive justice; the proper treatment of religious and political purposes (...) in charity law; and the appropriate response of the liberal state to discrimination in the pursuit of charitable purposes. (shrink)

A Calvinist and Anabaptist Understanding of the BanAmidst a growing renewal of interest in Calvinism and Calvin scholarship throughout the globe in the wake of John Calvin’s 500th anniversary of his birth, this article focuses on John Calvin’s early ecclesiological development. In contrast to advancing theories that Calvin developed his ecclesiological understanding of church discipline from earlier Anabaptist doctrines and leaders which he would have been exposed to intimately during his exile in Strasbourg, this article argues that Calvin had already (...) determined and articulated a well-balanced and detailed understanding of the ban before his arrival in the protestant refuge city of Strasbourg. Further, this article argues that Calvin’s sojourn and interaction with Anabaptists in Strasbourg cannot adequately explain Calvin’s ecclesiological understanding or increasing practice of Church discipline in Strasbourg or Geneva, but rather displays a vivid disparity between Calvin and the Anabaptist position on the ban which Calvin denounces as false perfectionism. (shrink)

The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: Politics, in the broader sense of living as a community, and the narrower sense of political power; Charity, how it is defined and changes in its meaning over time; Taxation, including the rationale for (...) government support of the sector through the tax system; Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector. (shrink)

This article presents some arguments against the persistence of the common law freedom to discriminate, in the disposition of property by gift or trust, whether inter vivos or testamentary, on a range of grounds like sex, race and religion. Broadly, two claims are defended. The first is that the elimination of discriminatory gifts and trusts is possible, within the bounds set by orthodox methods of common law reasoning, at least in jurisdictions where a non-discrimination norm operates at the constitutional level. (...) The second is that eliminating discriminatory gifts and trusts is desirable even from a liberal perspective that regards personal autonomy as a great value, once the function of the law of gifts and trusts as a set of power-conferring rules is brought into view. (shrink)

One of the most basic functions of human language is to convey who did what to whom. In the world's languages, the order of these three constituents (subject [S], verb [V], and object [O]) is uneven, with SOV and SVO being most common. Recent experiments using experimentally elicited pantomime provide a possible explanation of the prevalence of SOV, but extant explanations for the prevalence of SVO could benefit from further empirical support. Here, we test whether SVO might emerge because (a) (...) SOV is not well suited for describing reversible events (a woman pushing a boy) and (b) pressures to be efficient and mention subjects before objects conspire to rule out many other alternatives. We tested this by asking participants to describe reversible and non‐reversible events in pantomime, and we instructed some participants to be consistent in the form of their gestures and to teach them to the experimenter. These manipulations led to the emergence of SVO in speakers of both English (SVO) and Turkish (SOV). (shrink)

To corroborate the music and social bonding hypothesis, we propose that future investigations isolate specific components of social bonding and consider the influence of context. We deconstruct and operationalize social bonding through the lens of social psychology and provide examples of specific measures that can be used to assess how the link between music and sociality varies by context.

There is growing interest in nature-based interventions to improve human health and wellbeing. An important nascent area is exploring the potential of outdoor therapies to treat and prevent common mental health problems like depression. In this conceptual analysis on the nature–depression nexus, we distil some of the main issues for consideration when NBIs for depression are being developed. We argue that understanding the mechanisms, or ‘active ingredients’ in NBIs is crucial to understand what works and for whom. Successfully identifying modifiable (...) mediating intervention targets will pave the way for interventions with increased efficacy. We highlight a non-exhaustive list of five clinically relevant putative, candidate mechanisms which may underly the beneficial effects of NBIs on depression: stress, rumination, mindfulness, sleep and exercise. We also make the case that when developing NBIs it is important to not neglect young people, explore personalised approaches and focus on both treatment and prevention approaches. To achieve these aims methodologically rigorous programmes of clinical research are needed that include well-powered and controlled experimental designs including randomised controlled trials, qualitative research, longitudinal studies and large prospective cohorts. (shrink)

Explores the interactions of fiduciary law and personal and political trust in private, public and international law.