The author argues that, while logical rigor requires Whiteheadians to emphasize the ontological priority of the notion of actual entity as a self-constituting subject of experience for the proper understanding of physical reality. Whitehead's understanding of the key category of society in his metaphysics, especially the way that societies and their constituent actual entities reciprocally "constrain " one another's existence and activity and the way that societies are hierarchically ordered to one another within the evolutionary process will presumably have more (...) empirical resonance with natural scientists in their own efforts to understand the emergence of life from non-life, the progressive growth of self-awareness among higher-order animal species, etc. So, in dialogue with natural scientists, why not start with what is psychologically more interesting to the listener? (shrink)

Substance ontologists claim that substances are ontologically primary because the category of substance enjoys unique explanatory potential. Unless it can be shown that "only" substances fulfill the central explanatory tasks in ontology, this inference from explanatory success to ontological primacy amounts to a fallacy akin to the error Whitehead called 'the fallacy of misplaced concreteness'. I investigate recent prototypical arguments for substance metaphysics and try to show that some explanatory functions of substance can also be fulfilled by other (...) ontological categories. In particular, I argue against M. Ayers that there is no reason to think that all and only substances are discrete individuals, natural wholes, and logical units. I conclude that the category of substance does not provide us with a uniquely powerful explanans for the notion of logical and physical unity. (shrink)

That Whitehead's remarks on simple location entail neither an absolute theory of space-time nor a relativistic one. The evidence for this conclusion, especially in view of Whitehead's own remarks, is very good. The ghosts raised by Emmet and Das are laid.

While neuroscience has made enormous progress in understanding the brain, the implications of these empirical findings for ontological questions in philosophy including the mind–body problem remain yet unclear. In the first paper, I discussed the model of brain that as implied and supported by the empirical data. This leads me now to the question of an empirically plausible ontology of brain. Therefore, the aim in this second paper is the ontological characterization of the brain in terms of a process-based ontology (...) that avoids what Whitehead described as “simple location” and “fallacy of misplaced concreteness”. The discussion of the model of the brain is complemented by developing a process-based ontological characterization of the brain. Specifically, as based on Whitehead, I argue that “simple location” of the brain as thing or object in time and space amounts to nothing but an abstraction rendering what Whitehead described as “fallacy of misplaced concreteness”. Instead of describing the brain as static, non-temporal and isolated thing or object, I characterize the brain ontologically by dynamic, temporal, and relational processes. This leads me to a process-based ontology of brain which may be specified in spatiotemporal terms. Since the world’s larger spatiotemporal range or scale contains, e.g., nests, the smaller one of the brain, I characterize their ontological relationship by “spatiotemporal nestedness” and “spatiotemporal directedness”. Such spatiotemporal relationship between world and brain precludes the confusion between the world as whole and the brain as part, e.g., “mereological confusion”. I conclude that process-based or better, more specifically, spatiotemporal ontology of the brain and its relationship to the world may offer novel views on the question for the ontological relationship between mind and brain, e.g., the mind–brain problem, by converting or reformulating it as “world-brain problem”. (shrink)

This paper introduces the reconstitutor as a comprehensive unit of heredity within the context of evolutionary research. A reconstitutor is the structure resulting from a set of relationships between different elements or processes that are actively involved in the recreation of a specific phenotypic variant in each generation regardless of the biomolecular basis of the elements or whether they stand in a continuous line of ancestry. Firstly, we justify the necessity of introducing the reconstitutor by showing the limitations of other (...) evolutionary conceptions of the unit of heredity, such as the replicator, the reproducer, and the Darwinian individual. We argue that these conceptions are based on the requirement of lineage formation, which we argue to be unnecessary for the existence of evolutionary heredity. In the second part, we introduce the reconstitutor, which we base on the concept of Stability of Traits, and illustrate how it covers cases of hereditary phenomena not covered by the previous accounts. Secondly, we illustrate how the reconstitutor could serve as a platform to rethink ecological inheritance and other forms of inheritance that have been recently introduced under the song/singer model of evolution. (shrink)

Although the notion of spatiality has always lurked in the background of discussions of literary form, the self-conscious use of the term as a critical concept is generally traced to Joseph Frank's seminal essay of 1945, "Spatial Form in Modern Literature."1 Frank's basic argument is that modernist literary works are "spatial" insofar as they replace history and narrative sequence with a sense of mythic simultaneity and disrupt the normal continuities of English prose with disjunctive syntactic arrangements. This argument has been (...) attacked on several fronts. An almost universal objection is that spatial form is a "mere metaphor" which has been given misplaced concreteness and that it denies the essentially temporal nature of literature. Some critics will concede that the metaphor contains a half-truth, but one which is likely to distract attention from more important features of the reading experience. The most polemical attacks have come from those who regard spatial form as an actual, but highly regrettable, characteristic of modern literature and who have linked it with antihistorical and even fascist ideologies.2 Advocates of Frank's position, on the other hand, have generally been content to extrapolate his premises rather than criticize them, and have compiled an ever-mounting list of modernist texts which can be seen, in some sense, as "antitemporal." The whole debate can best be advanced, in my view, not by some patchwork compromise among the conflicting claims but by a radical, even outrageous statement of the basic hypothesis in its most general form. I propose, therefore, that far from being a unique phenomenon of some modern literature, and far from being restricted to the features which Frank identifies in those works , spatial form is a crucial aspect of the experience and interpretation of literature in all ages and cultures. The burden of proof, in other words, is not on Frank to show that some works have spatial form but on his critics to provide an example of any work that does not. · 1. Frank's essay first appeared in Sewanee Review 53 and was revised in his The Widening Gyre . Frank's basic argument has not changed essentially even in his most avante-garde statements; he still regards spatial form "as a particular phenomenon of modern avante-garde writing." See "Spatial Form: An Answer to Critics," Critical Inquiry 4 : 231-52. A useful bibliography, "Space and Spatial Form in Narrative," is being complied by Jeffrey Smitten .· 2. This charge generally links the notion of spatial form with Wyndham Lewis and Ezra Pound, the imagist movement, the "irrationality" and pessimistic antihistoricism of modernism, and the conservative Romantic tradition. Frank discusses the complex motives behind these associations in the work of Robert Weimann and Frank Kermode in his "Answer to Critics," pp. 238-48. W. J. T. Mitchell, editor of Critical Inquiry, is the author of Blake's Composite Art, and The Last Dinosaur Book: The Life and Times of a Cultural Icon. The present essay is part of Iconology: The Image in Literature and the Visual Arts. "Diagrammatology" appeared in the Spring 1981 issue of Critical Inquiry. Leon Surette responds to the current essay in "‘Rational Form in Literature’". (shrink)

"African philosophy," when conceived of as ethnophilosophy, is based on the idea that all thought is social, culture-bound, or based in natural language. But ethnophilosophy, whatever its sociological status, makes no contribution to philosophy, which is necessarily invulnerable to the sociological thesis. The sociological thesis must be limited in application to its own proper domain. The conflation of sociological and philosophical discourse arises from the fallacy of misplaced concreteness. This fallacy is responsible, among other things, for the sociological (...) misinterpretation of Wittgenstein. African philosophy, to be thought philosophical, must conceive of itself as addressing universal problems instead of pursuing intellectual apartheid. (shrink)

Recalling the phenomenological and Hegelian bases of the critique of misplaced concreteness, and supplementing these by the contribution of Gregory Bateson, it is possible to say that a contemporary critique of digital media cannot appeal to an irrevocable concreteness nor finally defeat abstraction. Since the digital media complex is characterized by temporal decay, transversality, and singularity, a new departure for a critical theory of digital media must centre on the cultural unconscious and the limit, or edge, of (...) the cultural complex. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 22 (2002) 163-179 [Access article in PDF] Emptiness and Dogma Joseph S. O'Leary Sophia University The controversial Vatican document Dominus Iesus reasserts that non-Christian religions are objectively in a defective situation as regards salvation.Etymologically, salvation (soteria salus) means health. Here I should like to reflect on apparent symptoms of ill health in Christian theology and ask if Buddhist wisdom can help us formulate a diagnosis and bring (...) the issues into perspective in a healing way. I shall take as my guiding thread an idea familiar to readers of this journal, namely, that Christian theology has suffered from a delusive clinging to substance and identity, and that the Buddhist teachings of dependent co-arising, emptiness, and non-self may provide an antidote.Biblical and Christian traditions are rich in resources for a critique of substantialist conceptions of God and self. The God of the Bible is constantly shattering the fixated, idolatrous images his worshippers form of him, and the Johannine language of God as Spirit, light, love, locates God in a dynamic realm of communal contemplation from which it would be difficult to distill a well-defined divine substance suited to metaphysical analysis. As for self, Paul, and later Luther, present the Christian self as an existential and relational event, not a substantial self-contained soul.What of Christian theology as shaped from Greek metaphysics? Is it irredeemably substantialist, prey to naive reification and objectification? The definition of God as ipsum esse subsistens("being itself subsisting") sufficiently eludes objectification to include the Plotinian sense of God as "beyond being." The idea adopted from Aristotle that "the soul [as knower] is in a manner all things" suggests that metaphysical theology also developed a nonobjectifying conception of human being. The Christological debates of the early Christian centuries rely of necessity on substance language, yet in placing that terminology at the service of a revealed mystery beyond the grasp of language or thought, they introduce a ferment of paradox into the play of concepts and make of it a dance of traces, following the contours of a reality that cannot be brought under substantialist rubrics.Some might see the brilliant relational fireworks of Thomist trinitarian speculation as deconstructing logocentric images of divinity. However, the Trinity in itself is probably best seen as an abstract remainder concept, postulated as a dim background of the revealed phenomenon of Father, Jesus Christ, and Spirit, so that to spin stories of theories about it is futile, a form of misplaced concreteness. Robert Magliola finds [End Page 163] Nagarjunian resonances in the trinitarian logic of the Council of Florence, notably in the decree it addressed to the Copts in 1442 (Magliola, 85-89). The Copts were given an extra dose of the logic that had caused profound unease among the Greek delegates three years earlier (see Gill, 227-232; 325). How much of this later logic did the Latins read back into the patristic texts they cited? Though unbeatable in the fifteenth century, how convincing is it today? Theology has to face the hermeneutical task, and an ongoing one, of assessing the status and function of this trinitarian logic and referring it back to the biblical basis.The desubstantializing tendencies just noted can be drawn on in a contemporary "overcoming of metaphysics" in theology. But the mainstream of the tradition invested massively in substance and identity. It was by strong affirmations of substantial identity that Christianity made its way in the world. Dogma determined the identities of Father, Son, and Spirit as consubstantial hypostases of the one God, the identity of Jesus Christ as true God and true man united in one hypostasis, the real presence of Christ in the Eucharist, the unity, sufficiency, infallibility of the Church and its Scriptures, the continuity of the episcopal and papal ministries as transmitted from the apostles. The substantiality of what was proclaimed was matched by the total conviction of the faith that proclaimed it. Theologians might tinker with speculative elaborations, but the core of faith and dogma was untouchable, never subjected to doubt or questioning.It is a kind of metadogma that all... (shrink)

This article explains the importance of the categories of explanation in Process and Reality and sets it in context, in particular in relation to Whitehead's account of misplaced concreteness and his description of the role of metaphysics in terms of common sense. The article then responds to a series of broad criticisms of Whitehead's position, notably in the claim that it is self-contradictory, inconsistent about common sense and mistaken about the nature of explanation in contemporary science. This response (...) comes from a close interpretation of the categories as described in Process and Reality. The article concludes with a critical discussion of an application of the categories of explanation, taken from Process and Reality. (shrink)

Mind has played the starring role in the West's arts, humanities, and sciences, while an embodied notion of oneself, others, and the physical world has been customarily pushed under the rug. In view of radical new theories, methods and techniques that have emerged during the past century and a half, the notion of complementary, sympathetic co-participation, and its accompanying re-enchantment, merits attention. C. S. Peirce is at the crossroads between modernism, enchantment, and misplaced concreteness, on the one hand, (...) and postmodernism and its attendant poststructuralism, on the other. His categories of feeling, sensation, and thought, and his triadic, all-encompassing concept of the sign, can help bring all facets of human creativity, concrete living, and understanding into a proper balance. Three coined terms — homogeny, hierogeny, and heterogeny — serve to elucidate how Peirce's triadic vision can offer a middle path, a way of mediating between antagonistic modes of sensing, living, and thinking. This middle path follows traditional tenets of logic and reason — identity, non-contradiction, and excluded-middle — while at its fringes, it allows deviation — by way of process, inconsistency, and incompleteness — from the rigidity that lies therein. Studies of feminist postures and various cultural processes in Latin America bear out the premise that a dose of conformity accompanying a tendency toward resistance can synethnically help keep broad cultural processes on an even keel, balancing mind and body, conflicting theories and methods and modes of living, and styles of reason and unreason in equilibrium. (shrink)

In an article in an earlier edition of the Journal of Medical Ethics (1) Dr Iglesias bases her analysis upon the mediaeval interpretation of Platonic metaphysics and Aristotelian logic as given by Aquinas. Propositional forms are applied to the analysis of experience. This results in a very abstract analysis. The essential connection of events and their changing temporal relationships are ignored. The dichotomy between body and soul is a central concept. The unchanging elements in experience are assumed to be more (...) real than the actual world of experienced process. Such a view makes the analysis of the temporal factors in experience impossible. Its abstractness is quite unsuitable for the analysis of the ontological structure and development of the neonate from fertilisation to birth. A N Whitehead made the notion of organism central to his philosophy. He refused to place human experience outside nature, or admit dualism. His philosophy of organism is an attempt to uncover the essential elements connecting human experience with the physical and biological sciences. Time, change and process are, in his view, more real than the static abstractions obtainable by the use of the fallacy of misplaced concreteness. Use of the latter negates the essential connectedness of events and the importance of temporarily and change (2). In this paper I argue that the embryo, being an organism, is not analysable in terms of thinghood. It is a process. To apply Aristotelian logical concepts to it is to distort the real nature of the datum. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Experience Without Qualities: Boredom and ModernityFelipe GutterriezExperience Without Qualities: Boredom and Modernity. Elizabeth Goodstein. Stanford: Stanford University Press, 2005. Pp. 461. $50.00, cloth.Winner of the Modern Language Association's 2005 award for Best First Book, Elizabeth Goodstein's Experience Without Qualities: Boredom and Modernity is a work impressive for its erudition and rigorous analysis. Experience Without Qualities is a genealogical study of the modern "modern discourse on boredom," a phrase (...) referring both to a family of experiences and to the uses of language associated with them. (Although somewhat murkily introduced, a further distinction operates in Goodstein's account of the modern discourse on boredom, a distinction between language of boredom, language that is part of the expression of boredom, and language on boredom, language that is part of the reflection on boredom. It's the difference between saying, "I'm bored, there's nothing to do," and saying, "Powerlessness is the cause of boredom.") Goodstein believes the modern discourse on boredom exemplifies the modern rhetoric of reflection, the way of understanding and interpreting human experience that is historically and culturally specific to modernity. Through her genealogy of the modern discourse on boredom she hopes "to further the historical task of coming to terms with the fragmentation of subjective experience in the face of the dissolution of metanarratives that is the legacy of the Enlightenment." Experience without Qualities is a dense and complex text over 450 pages in length, and the account that follows necessarily fails to capture the richness that is a principal strength of the text.As an introduction to her genealogy proper, Goodstein examines two contrasting contemporary accounts of boredom. These accounts serve as paradigmatic examples of idealist and materialist accounts of boredom and, by implication, subjectivity generally. Reinhard Kuhn's idealist account treats all social and historical forms of boredom as either incidental to or a manifestation of "ennui," an ahistorical feature of the human condition, an "encounter with nothingness" that is productive of human creativity. Wolf Lepenies's materialist account treats boredom as epiphenomenal, a symptom of "action-inhibition" and a way of legitimating a feeling of powerlessness. On one level, the two accounts provide competing types of explanations, but on another level both are [End Page 257] examples of the characteristic fallacy of the modern rhetoric of reflection, the abstraction of categories of language and their reification into things. Although Goodstein does not use the term, this fallacy could be called the "fallacy of misplaced concreteness." (This is a phrase that Alfred North Whitehead coined in connection with his critique of scientific materialism. Its use suggests the affinities between his critique and Goodstein's account of the modern rhetoric of reflection.)In the case of Kuhn, the fallacy of misplaced concreteness takes the form of an abstraction drawn from the historically and culturally specific language of boredom that Kuhn and his audience share and its reification as an ahistorical principle that grounds Kuhn's idealist language on boredom. In the case of Lepenies, this fallacy takes the form of an abstraction drawn from the language of boredom and reified as the social practices that ground Lepenies's language on boredom. Neither Kuhn's idealist history nor Lepenies's materialist sociology recognize the historicity of the modern discourse on boredom.Goodstein faults Kuhn and Lepenies for their failure to think through the relationship between the language of boredom and the language on boredom. The conditions that make this failure possible are addressed in Chapter 3, "Boredom and the Modernization of Subjectivity." This chapter describes the spread of Enlightenment skepticism in an environment of rapid political and economic change. Beginning toward the end of the eighteenth century and continuing to the middle of the nineteenth, a discursive paradigm shift occurs. The result is a rhetoric of reflection organized around a radically isolated subjectivity and a "clocktime" view of temporality, time as a series of empty, meaningless moments stretching forward in linear progression. This rhetoric of reflection maintains a tension between idealist and materialist accounts of experience within a materialist framework that medicalizes subjectivity.Goodstein's genealogy of the modern discourse on boredom is strongly reminiscent of Foucault's genealogy of modernity... (shrink)

This paper is more explorative than programmatic. It attempts to place empirical flesh on some of Alfred North Whitehead's speculative thoughts on concrete apprehensions. The challenge lies in the fact that Whitehead was vague on the subject. While Whitehead offers numerous thoughts on why we mistake the abstract for the concrete he wrote considerably less on how we can get ourselves to think more concretely. I therefore examine an empirical case and work 'backwards', showing its affinities with process thought. A (...) largely invisible phenomenon within the social/political theory literature is the empirical subject of this paper: the agricultural field day (though the events examined are not of the conventional variety). The paper begins with an overview of Whitehead's critique of abstraction and the fallacy of misplaced concreteness. Attention then turns directly to the case study to empirically ground Whitehead's thoughts on doing more concrete abstractions. (shrink)

Although the chinese have a heightened sense of time, The concepts of time and temporality developed in their culture are remarkably different from those developed in the west. Certain time-Concepts familiar to the westerners are completely lacking in the chinese tradition. For example, The chinese lacked the concept of absolute time as that held by newton, They also lacked a system to record the years in a linear progressive way, And they seem to have shown a lack of drive to (...) go beyond the realm governed by time and temporality. By deemphasizing the abstract concepts of time, However, They have been able to avoid what whitehead called "the fallacy of misplaced concreteness." the chinese accept their correct destinies as finite beings and work hard in order to find their self-Realization. This explains why they do not view time and death with a sense of anxiety. (shrink)

This chapter contains sections titled: Works cited.

First-generation students are more likely to feel misplaced and struggle at university than students with university-educated parents. We assumed that the shutdowns during the Coronavirus-pandemic would particularly threaten FGS due to obstructed coping mechanisms. Specifically, FGS may show lower identification with the academic setting and lower perceived fairness of the university system. We investigated whether FGS and CGS used different defenses to cope with the shutdown threat in a large sample of German-speaking students. Using Structural Equation Modeling, we found (...) that for all students, independent of academic parental background, high levels of system justification were associated with perceiving the learning situation as less threatening, better coping with failure, and less helplessness. However, in comparison to CGS, FGS showed small but significant reductions in system justification and relied more on concrete personal relationships with other students as well as their academic identity to cope with the threatening situation. We discuss implications for helping FGS succeed at university. (shrink)

Artificial intelligence (AI) plays a rapidly increasing role in clinical care. Many of these systems, for instance, deep learning-based applications using multilayered Artificial Neural Nets, exhibit epistemic opacity in the sense that they preclude comprehensive human understanding. In consequence, voices from industry, policymakers, and research have suggested trust as an attitude for engaging with clinical AI systems. Yet, in the philosophical and ethical literature on medical AI, the notion of trust remains fiercely debated. Trust skeptics hold that talking about trust (...) in nonhuman agents constitutes a category error and worry about the concept being misused for ethics washing. Proponents of trust have responded to these worries from various angles, disentangling different concepts and aspects of trust in AI, potentially organized in layers or dimensions. Given the substantial disagreements across these accounts of trust and the important worries about ethics washing, we embrace a diverging strategy here. Instead of aiming for a positive definition of the elements and nature of trust in AI, we proceed ex negativo, that is we look at cases where trust or distrust are misplaced. Comparing these instances with trust expedited in doctor–patient relationships, we systematize these instances and propose a taxonomy of both misplaced trust and distrust. By inverting the perspective and focusing on negative examples, we develop an account that provides useful ethical constraints for decisions in clinical as well as regulatory contexts and that highlights how we should not engage with medical AI. (shrink)

In this issue of the American Journal of Bioethics, Kraft and colleagues (2018) provide important insights into the role trust plays in donor's decisions to contribute data and samples to local bio...

The phenomenon of misplaced gratitude becomes visible from this perspective, where one catches sight of what oppression does to people. Only then can one see that if, for example, a woman is grateful for not being battered by her husband, her gratitude is misplaced because it is based on socially normative beliefs and practices that in themselves undermine the possibility of justice and moral integrity. One finds the problem of misplaced gratitude on the edges of Claudia Card's (...) scathing and brilliant critique of feminist care ethics as a form of slave morality. One of Card's achievements was to sustain a passionate engagement with issues of oppression coupled with close philosophical scrutiny. Care ethics risks including too much—as in the risk of caring for abusers. Misplaced gratitude is also dangerous because of its tendency to bind one to the abuser, and thereby to make one become complicit in one's own abuse. (shrink)

In this paper, we evaluate the pragmatic turn towards embodied, enactive thinking in cognitive science, in the context of recent empirical research on the memory palace technique. The memory palace is a powerful method for remembering yet it faces two problems. First, cognitive scientists are currently unable to clarify its efficacy. Second, the technique faces significant practical challenges to its users. Virtual reality devices are sometimes presented as a way to solve these practical challenges, but currently fall short of delivering (...) on that promise. We address both issues in this paper. First, we argue that an embodied, enactive approach to memory can better help us understand the effectiveness of the memory palace. Second, we present design recommendations for a virtual memory palace. Our theoretical proposal and design recommendations contribute to solving both problems and provide reasons for preferring an embodied, enactive account over an information-processing treatment of the memory palace. (shrink)

This essay examines Claudia Card's notion of misplaced gratitude, which she explores in one of her last papers, “Gratitude to the Decent Rescuer.” Whereas typically philosophers have been interested in the problems of the failures to honor obligations of gratitude, Card is more interested in the opposite fault of misplaced gratitude. Her interest reflects her social indignation and her fundamental commitment to opposing oppression, exploitation, and injustice in all its forms. The phenomenon of misplaced gratitude becomes visible (...) from this perspective, where one catches sight of what oppression does to people. The essay looks at the question, What does Card's analysis of misplaced gratitude tell us about her own philosophical methods and contributions? It discusses her engagement with both care ethics and Beauvoir's phenomenology of oppression to clarify the centrality of misplaced gratitude for Card's work in developing an ethics of oppression. (shrink)

Misplaced Blame: Decades of Failing Schools, Their Children and Their Teachers examines the underlying causes of why schools fail.

The view that matters of fact and matters of value are categorically distinct, and that any credible account of ethics must begin from an acknowledgement of that distinction, has been a constant topic of debate in analytical moral philosophy throughout the twentieth century. It is not, however, as simple as it may at first appear to establish an uncontroversial articulation of the view under discussion, because in the course of the debate's evolution that view has been defined in a number (...) of very different and not obviously equivalent ways. (shrink)

This essay argues that an adequate account of bad faith cannot be given without taking the second half of Being and Nothingness into consideration. There are two separate but related reasons for this. First, the objectifying gaze of Others provides a necessary condition for the possibility of bad faith. Sartre, however, does not formally introduce analysis of Others until Parts III and IV. Second, upon the introduction of Others, Sartre revises his view of absolute freedom. Sartre's considered view of freedom (...) helps to make sense out of bad faith in a way that does not seem possible were freedom absolute. (shrink)

Erik Malmqvist defends the prohibition on kidney sales as a justifiable measure to protect individuals from harms they have not autonomously chosen. This appeal to ‘group soft paternalism’ requires that three conditions be met. It must be shown that some vendors will be harmed, that some will be subject to undue pressure to vend, and that we cannot feasibly distinguish between the autonomous and the non-autonomous. I argue that Malmqvist fails to demonstrate that any of these conditions are likely to (...) obtain. His argument involves two common errors. First, he, like many, proceeds on a mistaken understanding of how to assess harm. What matters is not the balance of costs and benefits of vending, but a comparison of potential vendors’ welfare across two possible courses of action. Second, Malmqvist's concerns about third-party pressure are predicated on an empirically unrealistic understanding of the operation of a regulated market. A widely underappreciated fact is that kidney sales will be relatively rare, and most who try to vend will be unable to. Because pressure on another to vend will not result in the desired outcome, few will exert it. (shrink)

This essay argues that an adequate account of bad faith cannot be given without taking the second half of Being and Nothingness into consideration. There are two separate but related reasons for this. First, the objectifying gaze of Others provides a necessary condition for the possibility of bad faith. Sartre, however, does not formally introduce analysis of Others until Parts III and IV. Second, upon the introduction of Others, Sartre revises his view of absolute freedom. Sartre's considered view of freedom (...) helps to make sense out of bad faith in a way that does not seem possible were freedom absolute. (shrink)

Erik Malmqvist defends the prohibition on kidney sales as a justifiable measure to protect individuals from harms they have not autonomously chosen. This appeal to ‘group soft paternalism’ requires that three conditions be met. It must be shown that some vendors will be harmed, that some will be subject to undue pressure to vend, and that we cannot feasibly distinguish between the autonomous and the non-autonomous. I argue that Malmqvist fails to demonstrate that any of these conditions are likely to (...) obtain. His argument involves two common errors. First, he, like many, proceeds on a mistaken understanding of how to assess harm. What matters is not the balance of costs and benefits of vending, but a comparison of potential vendors’ welfare across two possible courses of action. Second, Malmqvist's concerns about third-party pressure are predicated on an empirically unrealistic understanding of the operation of a regulated market. A widely underappreciated fact is that kidney sales will be relatively rare, and most who try to vend will be unable to. Because pressure on another to vend will not result in the desired outcome, few will exert it. (shrink)

Climate change diplomacy is routinely characterized by preoccupation with narrow and short-term perceived national interests rather than the pressing need to mitigate global warming and respond agg...

Climate change diplomacy is routinely characterized by preoccupation with narrow and short-term perceived national interests rather than the pressing need to mitigate global warming and respond agg...

Many contributions to the philosophical debate about conceptual and normative issues raised by the refugee crisis fail to take properly account of the difference between ideal and nonideal theory. This makes several otherwise interesting and apparently plausible contributions to the philosophy of the refugee crisis problematic. They are problematic in the sense that they mix up ideal and nonideal aspirations and assumptions in an incoherent way undermining the proposed views. Two examples of this problem are discussed. The first example is (...) David Miller’s contribution to the conceptual debate about how we should understand refugeehood. The second example is a common argument from the normative debate about how states should discharge their duties to help refugees, namely the claim that states should help in neighboring countries rather than by taking in more asylum seekers. Both are examples of arguments about how we should understand or respond to the refugee crisis, which appear to offer coherent principles for the moral guidance of political actors but which are actually incoherent as principles of practical reasoning for the context they aim to address. (shrink)

This paper offers a critique of the “democratic state of education” proposed by Amy Gutmann in her influential book Democratic Education. In the democratic state of education, educational authority is shared among the state, parents and educational professionals; and educational objectives are geared toward equipping future citizens to participate in what Gutmann calls “conscious social reproduction”—the collective shaping of the future of society through democratic deliberation. Although I agree with some of Gutmann’s broad recommendations for civic education, I have misgivings (...) about the centrality that she gives to conscious social reproduction in her theory of education. I argue that in focusing so intently on the facilitation of conscious social reproduction, Gutmann’s theory makes insufficient room for the basic interests of individual children, and in particular, their prospective interest in autonomy. Gutmann’s considered position on sex education policy—specifically, her willingness to allow local communities to deny their children access to sex education—exemplifies the shortcomings of her theory. Ultimately, her democratic state of education fails to acknowledge the fundamental moral importance of individual flourishing, and the contribution that education can and should make to it. (shrink)

This paper is a review essay of W. Bradley Wendel's Lawyers and Fidelity to Law, part of a symposium on Wendel's book. Parts I and II aim to situate Wendel's book within the literature on philosophical or theoretical legal ethics. I focus on two points: Wendel's argument that legal ethics should be examined through the lens of political theory rather than moral philosophy, and his emphasis on the role law plays in setting terms of social coexistence in the midst of (...) moral pluralism. Both of these themes lead him to reject viewing legal ethics as an instance of "the problem of role morality." In part III I note the similarity between Wendel's view and that of legal process theorists, and I argue that the view involves too much complacency about the American legal system. Part IV examines the central metaphor of Wendel's book, fidelity to law. I distinguish between two forms of fidelity, personal and interpretive. The former is a relation between persons, while the latter means mimetic accuracy in interpretation, translation, performance of music, portraiture, or other forms of representation. I agree with Wendel's views on the requirement that lawyers exhibit interpretive fidelity toward law, but not personal fidelity. I argue that law is not the kind of thing toward which one can have personal fidelity; rather, the fidelity must be toward other members of the community rather than toward norms as such; and in cases where the law systematically discriminates, or is otherwise systematically unjust, the bonds of reciprocity grounding such a relation are absent, and the kind of unconditional obedience to law that Wendel supports is unjustified. Part V asks where, on Wendel’s view, the morality went. I argue that Wendel's view, which derives from but modifies Joseph Raz's analysis of legal authority as exclusionary reasons, does not succeed—either it begs the question of whether law actually provides exclusionary reasons or, if (as Wendel suggests) the reasons are not wholly exclusionary, Raz’s two levels of reasoning collapse into one, and acting on moral grounds is not in fact excluded by legal authority. I then turn to Wendel's ideas about "moral remainders"—the moral costs that acting on his view of legal ethics may inflict on others. Wendel suggests that some form of atonement can cancel the moral remainder, but I am skeptical that his proposal—atoning through law reform activities—can do the job. (shrink)

Recently in Israel, a woman was mistakenly implanted with an embryo that is genetically related to another couple. Unfortunately, this case is not an isolated occurrence, as other cases of embryo mix-ups have been reported in several countries, including the USA, China, the UK and various other countries within the European Union. Cases of mixed-up embryos are ethically and legally complex: the woman who carried the pregnancy and the woman who is genetically related to the resulting child—both of whom endured (...) emotionally and physically demanding infertility treatments—along with their partners, may be unwilling to relinquish parental rights over the child.This article explores four possible approaches, found in numerous common law jurisdictions, which can be used to address cases involving embryo mix-ups. Our analysis reveals several avenues through which legal parentage can be established. It can be done through gestation and the marital presumption, genetic connections, by adhering to the principle of the best interests of the child, or by recognising multiple individuals as legal parents. We review the advantages and disadvantages of each approach, but we have one clear recommendation: resolving embryo mix-up cases should be done proactively through the establishment of legislation and guidelines, rather than relying on post hoc individual court decisions. Such legislation and guidelines should guarantee the consistency of values throughout diverse reproductive contexts and mandate that fertility clinics and medical professionals provide individuals with comprehensive information regarding the potential risks associated with assisted reproductive treatments. (shrink)

The view that matters of fact and matters of value are categorically distinct, and that any credible account of ethics must begin from an acknowledgement of that distinction, has been a constant topic of debate in analytical moral philosophy throughout the twentieth century. It is not, however, as simple as it may at first appear to establish an uncontroversial articulation of the view under discussion, because in the course of the debate's evolution that view has been defined in a number (...) of very different and not obviously equivalent ways. (shrink)

This is a reply to Mark Sacks' essay on my book Points of View.