_A moving meditation on recent geopolitical crises, viewed through the lens of ancient and modern tragedy__ “Spare, elegant and poignant.... If there is a single contemporary book that should be pressed into the hands of those who decide issues of war and peace, this is it.”—John Gray, _New Statesman_ “It is tragic that Robert D. Kaplan’s luminous _The Tragic Mind_ is so urgently needed.”—George F. Will_ Some books emerge from a lifetime of hard-won knowledge. Robert D. Kaplan has (...) learned, from a career spent reporting on wars, revolutions, and international politics in Europe, the Middle East, and East Asia, that the essence of geopolitics is tragedy. In _The Tragic Mind_, he employs the works of ancient Greek dramatists, Shakespeare, German philosophers, and the modern classics to explore the central subjects of international politics: order, disorder, rebellion, ambition, loyalty to family and state, violence, and the mistakes of power. The great dilemmas of international politics, he argues, are not posed by good versus evil—a clear and easy choice—but by contests of good versus good, where the choices are often searing, incompatible, and fraught with consequences. A deeply learned and deeply felt meditation on the importance of lived experience in conducting international relations, this is a book for everyone who wants a profound understanding of the tragic politics of our time. (shrink)

A common objection to sufficientarianism is that it allows large inequalities above the threshold. A sharpened form of this objection highlights that this indifference also encompasses large inequalities in the distribution of burdens. Consider the burdens that follow from climate change. A theory that does not rule out placing these burdens on the worst off (of the sufficiently well off) will appear implausible to many. This paper assesses ways of addressing this objection and defends a revised conception of sufficientarianism that (...) can demand fair distribution of burdens (and benefits) above the sufficiency threshold, without giving up core sufficientarian theoretical commitments. (shrink)

Although we agree with Hommel et al. that perception and action refer to one another, we disagree that they do so via a code. Gibson (1966; 1979) attempted to frame perception-action as a field phenomenon rather than as a particle phenomenon. From such a perspective, perception and action are adjoint, mutually interacting through an information field, and codes are unnecessary.

The basic thesis ofMichaelWilliams'book Unnatural Doubts is that sceptical doubts, at least of a Cartesian variety, are neither natural nor intuitive, but are, instead, the product of 'contentious and possibly dispensable theoretical preconceptions'. In particular, for Williams, scepticism arises because of a commitment to what he calls 'epistemic realism'. A fundamental thesis of my book Pyrrhonian Reflections on Knowledge and Justification is that scepticism (in its most challenging forms) is not based upon such prior theoretical commitments, but rather is the (...) natural outcome of unrestricted exploitation of a feature already present in our everyday concept of knowledge. Specifically, our everyday epistemic practices contain a useful mechanism that raises the level of evidential scrutiny in problematic settings. However, in the absence of psychological constraints (as in Hume) or pragmatic constraints (as in Peirce), this mechanism can generate an ever-widening range of undefeated possible defeaters- and with this, radical forms of scepticism emerge.Scepticism is not the result ofmounting the wronghorse (as Williams thinks),but the result of riding a serviceable horse too hard. With respect to Williams'own contextualist response, it is not clear whether, in the end, he avoids or embraces a strong version of scepticism. He claims that Cartesian doubts arise in a particular context, namely, the context of pursuing an epistemically realistic programme. In that context, according to Williams, Cartesian scepticism is unanswerable. His central claim, I take it, is that nothing compels us to do philosophy under these contextual constraints. In arguingthisway,however,Williamsseemsto have adopted a strongversion of relativism of just the sort traditionally exploited for sceptical purposes. To the claim 'It is all a matter of context', the correct response is, 'It had better not be- at least if you are trying to refute scepticism.'Perhaps Williams can produce a strongly contextualist position that does not slide into scepticism, and perhaps his appeal- rather late his book- to externalist consideration is intended to do this.But just as it is unclear whether contextualism can avoid scepticism, it is also unclear whether externalism has force against sensibly stated (even very strong) versions of scepticism. (shrink)

The word obesity invokes multiple connotations that contain a realm of disparate descriptions ranging from disease to disdain. There are also few other human conditions that cause increased morbidity and mortality and affect millions of individuals worldwide yet is still viewed by many as a character fault or moral failure. Herein we have the opportunity to read the personal reflections of individuals with obesity who have struggled with their weight over a lifetime. Through a series of 12 narratives, the authors (...) collectively share their shame, humiliation, dignity, inner strength and advice for health professionals who they entrust. (shrink)

This work, written from a neo-Pyrrhonian perspective, is an examination of contemporary theories of knowledge and justification. It takes ideas primarily found in Sextus Empiricus's Outlines of Pyrrhonism, restates them in a modern idiom, and then asks whether any contemporary theory of knowledge meets the challenges they raise. The first part, entitled "Gettier and the Problem of Knowledge," attempts to rescue our ordinary concept of knowledge from those philosophers who have assigned burdens to it that it cannot bear. Properly understood, (...) Fogelin shows that the concept of knowledge is unproblematic. The second part of this study, called "Agrippa and the Problem of Justification," examines Agrippa's contribution to Pyrrhonism, a systematic reduction of its procedures which came to be known as the "Five Modes Leading to the Suspension of Belief." These modes present a completely general procedure for refuting any claim a dogmatist might make. Though largely unnoticed, there is, according to Fogelin, an uncanny resemblance between problems posed by Agrippa's "Five Modes" and those that contemporary epistemologists address under the heading of a theory of justification. Fogelin examines the strongest contemporary theories of justification--in both foundationalist and anti-foundationalist forms. The conclusion is that recent philosophical writings on justification have made no significant progress in responding to the Pyrrhonian problems these writings have addressed. (shrink)

The first is that a miracle, understood as an event produced by a transcendent agent overriding the usual course of nature, involves a violation of the laws of nature. Larmer argues that events are explained by reference to both relevant laws and units of mass/energy in the sequences to be explained. He contends that a miracle need not be conceived as involving a violation of natural law, but rather as the creation or annihilation of mass/energy by a transcendent agent. In (...) reply to the objection that this account would violate the first law of thermo-dynamics, he distinguishes two forms of the principle -- one metaphysical, one scientific -- and aruges that a miracle would not violate the principle considered as a scientific law. The second assumption is that miracle testimony cannot serve as evidence for theism. Larmer demonstrates that the logical ties connecting the concept of miracle to theism need not imply that one must be a theist to evaluate miracle testimony properly. All that is required is that one is prepared to entertain theism as a hypothesis. Attacking these assumptions allows Larmer to show that Humean balance-of-probabilities arguments, based on a presumed conflict between evidence which establishes belief in the laws of nature and evidence in favour of miracles, miss the point if miracles need not be defined as violations of the laws of nature. He argues that, in the absence of a general argument demonstrating that the testimonial evidence in favour of miracles conflicts with the evidence for the laws of nature, it is up to the atheist to demonstrate, on a case-by-case basis, why the testimonial evidence is to be rejected. His conclusion is that, contrary to what is usually thought, the burden of proof lies not upon the shoulders of the theist, but upon the shoulders of the atheist. (shrink)

Truth is a fundamental objective of adjudicative processes; ideally, substantive as distinct from formal legal truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. Jury nullification and jury equity. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

We present a one per cent measurement of the cosmic distance scale from the detections of the baryon acoustic oscillations in the clustering of galaxies from the Baryon Oscillation Spectroscopic Survey, which is part of the Sloan Digital Sky Survey III. Our results come from the Data Release 11 sample, containing nearly one million galaxies and covering approximately 8500 square degrees and the redshift range 0.2 < z < 0.7. We also compare these results with those from the publicly released (...) DR9 and DR10 samples. Assuming a concordance Λ cold dark matter cosmological model, the DR11 sample covers a volume of 13 Gpc3 and is the largest region of the Universe ever surveyed at this density. We measure the correlation function and power spectrum, including density-field reconstruction of the BAO feature. The acoustic features are detected at a significance of over 7σ in both the correlation function and power spectrum. Fitting for the position of the acoustic features measures the distance relative to the sound horizon at the drag epoch, rd, which has a value of rd,fid = 149.28 Mpc in our fiducial cosmology. We find DV = at z = 0.32 and DV = at z = 0.57. At 1.0 per cent, this latter measure is the most precise distance constraint ever obtained from a galaxy survey. Separating the clustering along and transverse to the line of sight yields measurements at z = 0.57 of DA = and H =. Our measurements of the distance scale are in good agreement with previous BAO measurements and with the predictions from cosmic microwave background data for a spatially flat CDM model with a cosmological constant. © 2014 The Author Published by Oxford University Press on behalf of the Royal Astronomical Society. (shrink)

When The Ad Hoc Committee of Harvard Medical School to Examine the Definition of Brain Death began meeting in 1967, I was a graduate student, with committee member Ralph Potter and committee chair Henry Beecher as my mentors. The question of when to stop life support on a severely compromised patient was not clearly differentiated from the question of when someone was dead. A serious clinical problem arose when physicians realized that a patient's condition was hopeless but life support perpetuated (...) body function. Thus, the committee stated that its first purpose was to deal with the burdens on patients and families as well as on hospitals and on patients needing hospital beds occupied by comatose patients. They intuited the strategy of “defining” these patients as dead, thus legitimating treatment stoppage. They noted that this would also serve a second purpose. Although the dead donor rule had not yet been clearly articulated, they claimed that defining patients as dead would also address controversy over obtaining organs for transplant.My mentors’ discussions related to my interest in the intersection between questions primarily of medical fact (When has a human brain irreversibly ceased functioning?) and nonmedical questions of social policy (Should we treat individuals with dead brains and beating hearts as dead humans?). It quickly became clear that most committee members did not appreciate the interplay of these questions. (shrink)

Modern antiretroviral therapies are capable of suppressing HIV in the bloodstream to undetectable levels. Nonetheless, people living with HIV must maintain lifelong adherence to ART to avoid the re-emergence of the infection. So despite the existence and efficacy of ART, there is still substantial interest in development of a cure. But HIV cure trials can be risky, their success is as of yet unlikely, and the medical gain of being cured is limited against a baseline of ART access. The medical (...) prospect associated with participation in cure research thus look poor. Are the risks and burdens that HIV cure research places on participants so high that it is unethical, at present, to conduct it? In this paper, I answer ‘no’. I start my argument by describing a foundational way of thinking about the ethical justification for regulatory limits on research risk; I then apply this way of thinking to HIV cure trials. In offering this analysis, I confine my attention to studies enrolling competent adults and I also do not consider risks research may pose to third parties or society. Rather, my concern is to engage with the thought that some trials are so risky that performing them is an ethically unacceptable way to treat the participants themselves. I reject this thought and instead argue that there is no level of risk, no matter how high, that inherently mistreats a participant. (shrink)

Over the course of his distinguished career, Edward Weinshel has been a moral and intellectual force in contemporary psychoanalysis and an outspoken opponent of current trends in and out of the field toward dehumanization and deindividualization. _Commitment and Compassion in Psychoanalysis_, under the editorship of Robert Wallerstein, brings together 14 of Weinshel's major papers. The six clinical papers reprinted in this collection address the kaleidoscope of common personality organizations and propensities which, in their extreme variants, motivate individuals to seek (...) psychoanalytic assistance, covering topics that include "neurotic equivalents" of necrophilia, negation, lying, "gaslighting", perceptual distortion during analysis, and inconsolability. These clinical expositions are supplemented by eight theoretical papers in which Weinshel gives expression to the metapsychological paradigm of ego pyschology as it existed in the 70s and 80s. Four of the papers from the early 70s cover "the ego in health and normality," the transference neurosis, and various aspects of the training analysis. The remaining four papers, published between 1984 and 1992, chronicle Weinshel's notion of resistence as the clinical unit of the psychoanalytic process, his elucidation of specifically "psychoanalytic change" as it grows out of the psychoanalytic process, and his affirmation of modern conflict theory in the face of theoretical pluralism. Carefully edited by Robert Wallerstein and including an introductory essay by Leonard Shengold, _Commitment and Compassion in Psychoanalysis_ brings to contemporary debates the voice of a principled exemplar of the psychoanalytic calling. Balancing intellectual acuity with a profoundly caring temperament, and augmenting respect for the psychoanalytic tradition with a flair for original ideas, Edward Weinshel speaks to all who wrestle daily with the burdens, challenges, and healing promise of the impossible profession. (shrink)

The standard event-causal theory of action says that an intentional action is caused in the right way by the right mental states. This view requires reductionism about agency. The causal role of the agent must be nothing over and above the causal contribution of the relevant mental event-causal processes. But commonsense finds this reductive solution to the “agent-mind problem”, the problem of explaining the relationship between agents and the mind, incredible. Where did the agent go? This paper suggests that this (...) challenge against event-causal reductionism is importantly related to debates about fundamentality. It also suggests that extant event-causal answers to the agent-mind problem, ones that suggest that part of an agent’s mind can stand proxy for the agent herself, fail against the challenge. It sketches an alternative reductive view that appeals to entity grounding. This view resolves the commonsense challenge and promises to be theoretically fruitful with respect to other longstanding problems with the event-casual view. The paper concludes with a burden-shifting argument against emergentist agent-causal theories and non-reductive event-causal theories of agency. (shrink)

The thesis of this paper is that the causal theory of mental content (hereafter CT) is incompatible with an elementary fact of perceptual psychology, namely, that the detection of distal properties generally requires the mediation of a “theory.” I shall call this fact the nontransducibility of distal properties (hereafter NTDP). The argument proceeds in two stages. The burden of stage one is that, taken together, CT and the language of thought hypothesis (hereafter LOT) are incompatible with NTDP. The (...) class='Hi'>burden of stage two is that acceptance of CT requires acceptance of LOT as well. It follows that CT is incompatible with NTDP. I organize things in this way in part because it makes the argument easier to understand, and in part because the stage-two thesis—that CT entails LOT—has some independent interest and is therefore worth separating from the rest of the argument. (shrink)

Withholding or withdrawing life-saving ventilators can become necessary when resources are insufficient. In the USA, such rationing has unique social justice dimensions. Structural elements of dominant allocation frameworks simultaneously advantage white communities, and disadvantage Black communities—who already experience a disproportionate burden of COVID-19-related job losses, hospitalisations and mortality. Using the example of New Jersey’s Crisis Standard of Care policy, we describe how dominant rationing guidance compounds for many Black patients prior unfair structural disadvantage, chiefly due to the way creatinine (...) and life expectancy are typically considered.We outline six possible policy options towards a more just approach: improving diversity in decision processes, adjusting creatinine scores, replacing creatinine, dropping creatinine, finding alternative measures, adding equity weights and rejecting the dominant model altogether. We also contrast these options with making no changes, which is not a neutral default, but in separate need of justification, despite a prominent claim that it is simply based on ‘objective medical knowledge’. In the regrettable absence of fair federal guidance, hospital and state-level policymakers should reflect on which of these, or further options, seem feasible and justifiable.Irrespective of which approach is taken, all guidance should be supplemented with a monitoring and reporting requirement on possible disparate impacts. The hope that we will be able to continue to avoid rationing ventilators must not stand in the way of revising guidance in a way that better promotes health equity and racial justice, both to be prepared, and given the significant expressive value of ventilator guidance. (shrink)

According to Hegel, the true infinite is the fundamental concept of philosophy. Yet despite this fact, there is absence of consensus concerning its meaning and significance. The true infinite challenges the currently dominant non-metaphysical interpretations of Hegel, as it challenged the dominance of the Kantian framework in its own day, specifically Kant’s attack on theology and his treatment of theology as a postulate of moralit y. Kant admits that the God-postulate has only subjective necessity and validity, and is an expression (...) of moral faith. Hegel both accepts Kant’s approach to the God-question through freedom and practical reason, but he rejects Kant’s philosophy of the postulates as incoherent, burdened with finitude and antithesis. The ought is only the beginning of the transcendence of finitude, but also essentially clings to finitude. This is the spurious infinite. In contrast to the traditional view of abstract transcendence, Hegel shows that the very attempt to separate the infinite from the finite only renders the infinite finite and levels it. The consciousness of limit (finitude) implies a transcendence of limit. The true infinite is an onto-theological principle, a social infinite that overcomes the limits imposed by abstract transcendence and the dualisms imposed by the Kantian frame. It is of vital importance for Hegel’s philosophy of religion, as both a doctrine of divine presence and absolute spirit in its community. (shrink)

It is widely agreed that foreign sponsors of research in low- and middle-income countries (LMICs) are morally required to ensure that their research benefits the broader host community. There is no agreement, however, about how much benefit or what type of benefit research sponsors must provide, nor is there agreement about what group of people is entitled to benefit. To settle these questions, it is necessary to examine why research sponsors have an obligation to benefit the broader host community, not (...) only their subjects. Justifying this claim is not straightforward. There are three justifications for an obligation to benefit host communities that each apply to some research, but not to all. Each requires a different amount of benefit, and each requires benefit to be directed toward a different group. If research involves significant net risk to LMIC subjects, research must provide adequate benefit to people in LMICs to avoid an unjustified appeal to subjects’ altruism. If research places significant burdens on public resources, research must provide fair compensation to the community whose public resources are burdened. If research is for profit, research sponsors must contribute adequately to the upkeep of public goods from which they benefit in order to avoid the wrong of free-riding, even if their use of these public goods is not burdensome. (shrink)

Robert Flatt always held the belief that life is good. When he was diagnosed with Parkinson's disease, he refused to let the news alter his fundamental perspective. Robert viewed this unexpected hurdle as an opportunity: the debilitating disease granted him the gift of time to pursue his artistic interests. Through photography, he discovered the beauty in his own backyard and the immense healing power of art. Taking vivid photographs of the wonders he had previously overlooked helped him cope, (...) and he realized the power of the beauty he observed could help others, too. Despite his physical limitations, he began traveling the world to pursue this passion that made him feel so intensely alive. Robert's irrepressible good nature, patience, and undeniable talent have resulted in this collection of images both intimate and grand that showcase the wonders that surround each of us, if we take the time to look and have the right perspective to see. Coupled with Robert's candid, empowering reflections on existence and his illness, the vision of the world revealed in Healing Art urges readers to live in the present, relax, and remember that life is good. Despite the nature of our burdens, if we can focus on an image of beauty today, we have not let our challenges define us. And for another day, we have been fully alive and open to the presence of joy. Could we really ask for more? (shrink)

This is a reply to a paper by Graham Oppy in the July, 1999 issue of this journal, “Koons’ Cosmological Argument.” Recent work in defeasible or nonmonotonic logic means that the cosmological argument can be cast in such a way that it does not presuppose that every contingent situation, without exception, has a cause. Instead, the burden of proof is shifted to the skeptic, who must produce positive reasons for thinking that the cosmos is an exception to the defeasible (...) law of causality. I show how Oppy’s critique can be turned into a plausible rebuttal of my argument. However, this rebuttal can be set aside when the original argument is supplemented by a plausible account of the nature of causal priority. Several independent lines of argument in support of this account are outlined. (shrink)

Truth is a fundamental objective of adjudicative processes; ideally, ‘substantive’ as distinct from ‘formal legal’ truth. But problems of evidence, for example, may frustrate finding of substantive truth; other values may lead to exclusions of probative evidence, e.g., for the sake of fairness. ‘Jury nullification’ and ‘jury equity’. Limits of time, and definitiveness of decision, require allocation of burden of proof. Degree of truth-formality is variable within a system and across systems.

This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on the (...) presumption of innocence. It advocates a methodologically pluralistic approach, according to which definitions of the presumption of innocence are necessarily sensitive to purpose and method. These relationships and their implications are not always appreciated, and are seldom explicitly elucidated. Notably, philosophers routinely treat the presumption of innocence as epistemic, evidentiary or otherwise featuring directly in practical reasoning. This article identifies jurisprudential and practical reasons why legal scholars and practitioners concerned with criminal procedure and evidence should reject evidentiary interpretations of the presumption of innocence. By encouraging finer-grained engagement with the history and institutional details of common law procedural traditions, the article aims to show why legal scholars might think that philosophical approaches to the presumption of innocence are already methodologically-loaded and, for our purposes, address the wrong questions with deficient concepts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FEEDING THE COMATOSE AND THE COMMON GOOD IN THE CATHOLIC TRADITION ROBERT BARRY, O.P. University of Illinois Ohampaign-Urbana, IlUnoi8 AA RECENT convention :sponsored by the Catholic Health Associaition in Boston, Laurence J. O'Connell, vice-president for ethics and theology, ma.de the following comments: I am concerned that some of those who are legitimately alarmed by the potential abuses associated with the public policy that authorizes the withholding and withdrawing (...) of mechanical means of nutrition and hydration are sometimes publicly misrepresenting the Catholic moral tradition. In other words, in their well-intentioned and perfectly legitimate efforts to avoid the slippery-slope-that is, the wrongful withholding or withdrawing of nutrition or hydration from vulnerable dasses of patients-those advocates are placing the Roman Catholic moral tradition itself on the slippery slope. It is mistaken to say it is the church's teaching that we may never withhold or withdraw artificial nutrition and hydration. It is mistaken to uncritically refer to the removal of medically engineered nutrition in all cases as starvation-that is, the willful withholding of nutrition as morally obligatory. It is mistaken to say that the ethical standards of a single Catholic hospital are necessarily coextensive with the ethical standards of the Catholic Church. Just because an individual Catholic facility, for whatever reason, uniformly refuses to allow the withholding or withdrawing of technological feeding, does not mean that the Church itself disallows such withholdings or withdrawals.1 It is not clear how the Catholic moral tradition can be put on the " slippery slope " by opposing certain forms of with1 "Church and State Overlap in Ethical Debate", American Medicai News. February 27, 1987. p. I. 1 ROBERT BARRY, O.P. drawal of feeding from specific classes of patients. Dr. O'Connell has misrepresented the thought of most of those who oppose the recent American Medical Association's new opinion which holds that artificially administered nutrition and fluids can be removed from terminally ill patients, even when they are not imminently dying.2 There are no Catholic moralists who claim that it is always and everywhere morally wrong to withhold or withdraw feeding from patients. However, there are a number of moralists as well as bishops who now hold it to be wrong to withhold or withdraw feeding in those cases where the withholding or withdrawal becomes the fundamental and underlying cause of death. O'Connell is p11obably correct in saying that the policies of one hospital do not necessarily deteJ1IDine the moral doctrines of the universal Church, but neither does one national organization such as the Catholic Health Association with only a loose affiliation with the magisterial hierarchy of the Church necessarily do this either. The debate over the provision of,aissisted feeding is a debate over whether iit is morally legitimate ito withdraw feeding so 1tihat.t:he primary and fundamental reason why the person dies is that withdrawal. It is a debate over whether those with a certain " quality of life " can be permitted to be killed by omission. It is a debate over whether feeding provided by routine nursing measures that can significantly sustain the life is a medical treatment that should he governed by the criteria governing other treatments, or whether it is an 2 "Withholding or Withdrawing Life Prolonging :Medical Treatment" adopted by the Council on Ethical and Judicial.Affairs of the.Amercian Medical.Association on March 15, 1987, In its pertinent parts, it stated: The social commitment of the physician is to sustain life and relieve suffering. Where the performance of one duty conflicts with the other, the choice of the patient, or his family or legal representative if the·patient to act in his own behalf, should prevail. Life prolonging medical treatment includes medication and artificially or technologically supplied respiration, nutrition or hydration. In treating a terminally ill or irreversibly comatose patient, the physician should determine whether the benefits of treatment outweigh its burdens..At all times, the dignity of the patient should be maintained.•. FEEDING THE COMATOSE 8 aspect of normal care, like protection from exposure or hygienic care, that is to be accorded to all patients. In this piece, I wish to review the thoughts of some... (shrink)

Judicial activism is in serious, though undeserved, trouble. The current impasse over its role in constitutional discourse pits two opposed positions committed to different paradigms of judicial activism against one another. One side condemns activist judges for engaging in ultra vires adjudication by reading their idiosyncratic values into the Constitution. In this view, the charge of judicial activism has significant content and should be deployed to restrain renegade judges. The other side insists that calling someone a "judicial activist" has only (...) emotive content and is used merely as an empty epithet denouncing judges with whom one disagrees. This Article redirects the controversy over judicial activism by distinguishing between two different, but interrelated, levels of constitutional discourse: the surface level and the deep level. The problem of judicial activism exists on the surface level of constitutional discourse and will remain irresolvable on that level. However, once we attend to the deep level of constitutional discourse, the role of judicial activism becomes clear. The presence of judicial activism on the surface structure of constitutional discourse reveals on the deep structure reasonable disagreement over the meaning of key constitutional provisions. The idea of "reasonable disagreement" is profitably explicated by combining what social theorist W.B. Gallie called "essentially contested concepts" with the political philosopher John Rawls' important categorization of "the burdens of judgment." These obstacles to rational consensus are endemic to a republican democracy. Consequently, reasonable disagreement over key constitutional provisions should not be regarded negatively; it is an inevitable and positive feature of any society championing liberty, equality, and pluralism. However, the inevitability and desirability of reasonable disagreement has institutional consequences for constitutional review. When reasonable disagreement is inevitable, legislatures, not courts should have the last word on constitutional meaning. (shrink)

This is a reply to a paper by Graham Oppy in the July, 1999 issue of this journal, “Koons’ Cosmological Argument.” Recent work in defeasible or nonmonotonic logic means that the cosmological argument can be cast in such a way that it does not presuppose that every contingent situation, without exception, has a cause. Instead, the burden of proof is shifted to the skeptic, who must produce positive reasons for thinking that the cosmos is an exception to the defeasible (...) law of causality. I show how Oppy’s critique can be turned into a plausible rebuttal of my argument. However, this rebuttal can be set aside when the original argument is supplemented by a plausible account of the nature of causal priority. Several independent lines of argument in support of this account are outlined. (shrink)

In Sugar Cane the novelist Paul Bailey describes what happens when someone is exposed at an impressionable age to religion in a brutally corrupt or merely stupid form and has to come to terms with that exposure: whether healing might be possible and what that healing might look like. Bailey suggests an alternative narrative, where, despite the suffering of his characters, the word ‘religion’ means more to him than it does to Irvin Yalom, who wrote of his belief after his (...) own childhood exposure to the authoritarianism of his parents’ Jewish orthodoxy, that ‘faith, like so many other early irrational beliefs and fears, is a burden’. (shrink)

A common claim in the philosophy-of-race literature is that the unearned benefits of whiteness can by themselves burden their recipients with special antiracist obligations, i.e., that these benefits can impose duties unilaterally, without the mediation of their recipients’ wills, and that these duties go beyond our general antiracist duties, which derive from our common liberal-democratic citizenship and shared humanity. I will argue against this claim, though I acknowledge that there may be duties that follow from these benefits when they (...) are combined with the affirmation or assertion of, assent to, or even mere acquiescence in white identity. Without such ratification, however, there will be no basis for either special white duties or a distinctively white guilt. (shrink)

This book explores the puzzling phenomenon of new veiling practices among lower middle class women in Cairo, Egypt. Although these women are part of a modernizing middle class, they also voluntarily adopt a traditional symbol of female subordination. How can this paradox be explained? An explanation emerges which reconceptualizes what appears to be reactionary behavior as a new style of political struggle--as accommodating protest. These women, most of them clerical workers in the large government bureaucracy, are ambivalent about working outside (...) the home, considering it a change which brings new burdens as well as some important benefits. At the same time they realize that leaving home and family is creating an intolerable situation of the erosion of their social status and the loss of their traditional identity. The new veiling expresses women's protest against this. MacLeod argues that the symbolism of the new veiling emerges from this tense subcultural dilemma, involving elements of both resistance and acquiescence. (shrink)

According to Hegel, the true infinite is the fundamental concept of philosophy. Yet despite this fact, there is absence of consensus concerning its meaning and significance. The true infinite challenges the currently dominant non-metaphysical interpretations of Hegel, as it challenged the dominance of the Kantian framework in its own day, specifically Kant’s attack on theology and his treatment of theology as a postulate of moralit y. Kant admits that the God-postulate has only subjective necessity and validity, and is an expression (...) of moral faith. Hegel both accepts Kant’s approach to the God-question through freedom and practical reason, but he rejects Kant’s philosophy of the postulates as incoherent, burdened with finitude and antithesis. The ought is only the beginning of the transcendence of finitude, but also essentially clings to finitude. This is the spurious infinite. In contrast to the traditional view of abstract transcendence, Hegel shows that the very attempt to separate the infinite from the finite only renders the infinite finite and levels it. The consciousness of limit (finitude) implies a transcendence of limit. The true infinite is an onto-theological principle, a social infinite that overcomes the limits imposed by abstract transcendence and the dualisms imposed by the Kantian frame. It is of vital importance for Hegel’s philosophy of religion, as both a doctrine of divine presence and absolute spirit in its community. (shrink)

It is frequently noted that a “crisis in language” accompanied the profound changes in human consciousness everywhere evident near the turn of the century. As the nature of reality itself became problematic—or at least suspect, distrusted for its imposition of limits upon individual imagination—so, necessarily, did the relationship of language to reality. Thus in the later nineteenth century, the adequacy of an essentially standardized form of “classical” writing was increasingly questioned as an effective vehicle for artistic expression: even though often (...) in “elevated” form, such writing bore too close a connection to ordinary discourse. Indeed, it was precisely the mutually shared, conventional aspects of language that came to be most deeply distrusted for their failure to mirror the more subjective, obscure, and improbable manifestations of a transcendent reality or, rather, realities—the plural reflecting an insistence upon the optional and provisional nature of human experience. Language in its normal manifestations—with its conventionalized vocabulary and standardized rules for syntactical combination—proved inadequate for an artistic sensibility demanding, in Friedrich Nietzsche’s words, “a world of abnormally drawn perspectives.”This dissatisfaction with “normal” language received its classic statement through Hugo von Hofmannsthal’s Lord Chandos. Writing in 1902, Hofmannsthal conveys through the figure of the aristocratic Chandos the loss of an encompassing framework within which the various objects of external reality are connected with one another and integrated with the internal reality of human feelings. Chandos’ world has become one of disparate, disconnected fragments, resistant to the abstractions of ordinary language. It is a world characterized by “a sort of feverish thought, but thought in a material that is more immediate, more fluid, and more intense than that of language.” Chandos longs for a new language in which not a single word is known to me, a language in which mute objects speak to me and in which perhaps one day, in the grave, I will give account of myself before an unknown judge.”2 The content and forms of art thus shifted away from exterior reality, which no longer provided a stable, “given” material, toward language itself—to “pure” language in a sense closely related to the symbolists’ “pure” poetry. “No artist tolerates reality,” Nietzsche proclaimed.3 And Gustave Flaubert’s farsighted advice to himself was that he should write “a book about nothing, a book dependent on nothing external, which would be held together by the internal strength of its style.”4 2. Hugo von Hofmannsthal, “Ein Brief,” Gesammelte Werke, ed. Bernd Schoeller with Rudolf Hirsch, 10 vols. , 7:471-72; my translation. All further translations are my own unless otherwise indicated.3. Friedrich Nitzsche, Complete Works, ed. Oscar Levy, 18 vols. , vol. 15, The Will to Power, trans. Anthony M. Ludovici, p. 74.4. Gustave Flaubert, Flaubert to Louise Colet, 16 Jan. 1852, The Letters of Gustave Flaubert 1830-1857, ed. and trans. Francis Steegmuller , p. 154. Other passages in this letter are equally remarkable for their “modernist” tone. Flaubert argues that from the standpoint of l’Art pur, “one might almost establish the axiom that there is no such thing as subject—style in itself being an absolute manner of seeing things” . Further:The finest works are those that contain the least matter; the closer expression comes to thought, the closer language comes to coinciding and merging with it, the finer the result. I believe the future of Art lies in this direction. I see it, as it has developed from its beginnings, growing progressively more ethereal …. Form, in becoming more skillful, becomes attenuated, it leaves behind all liturgy, rule, measure; the epic is discarded in favor of the novel, verse in favor of prose; there is no longer any orthodoxy, and form is as free as the will of its creator. This progressive shedding of the burden of tradition can be observed everywhere: governments have gone through similar evolution, from oriental despotisms to the socialisms of the future. [P. 154] Robert P. Morgan, professor of music at the University of Chicago, is currently writing a history of twentieth-century music and working on a study of form in nineteenth-century music. His previous contributions to Critical Inquiry are “On the Analysis of Recent Music” and “Musical Time/Musical Space”. (shrink)

The due process clause of the Fourteenth Amendment protects the right of terminally ill persons to hasten their inevitable death. In prohibiting physicians from prescribing lethal medications by which such patients might hasten death, Michigan's ban on “assisted suicide” unconstitutionally imposes an “undue burden” on the exercise of that right.

In theory, cochlear implants hold out the possibility of enabling profoundly prelingually deaf children to hear. For these children's parents, who are usually hearing, this possibility is a great relief. Yet the decision to have this prosthetic device implanted ought not to be viewed as an easy or obvious one. Implant efficacy is modest and the burdens associated with them can be great. Moreover, the decision to forgo cochlear implantation for one's child, far from condemning her to a world of (...) meaningless silence, opens the child up to membership in the Deaf community, which has a rich history, language, and value system of its own. (shrink)

The term “environmental justice” carries with it a sort of ambiguity. On the one hand, it refers to a movement of social activism in which those involved fight and argue for fairer, more equitable distribution of environmental goods and equal treatment of environmental duties. This movement is related to, and ideally informed by, the second use of the term, which refers to the academic discipline associated with legal regulations and theories of justice and ethics with regard to sustainability, the environment, (...) and ecology. It is this latter, more academic—though vast and interdisciplinary—use of the term that is the subject of this essay. However, activists who pay careful attention to the arguments offered with regard to the political, legal, social, and philosophical treatments of these issues are potentially in a stronger position with regard to their own social movement. In that way, the two uses of the term may progress hand in hand. More broadly, however, the foundational claim about which both grassroots activists and legal, ethical, and policy advocates can agree is that environmental burdens—climate change, pollution, and their associated health risks—are borne disproportionately by the poorest and most vulnerable populations, and tend to have the greatest impact on racial and ethnic minorities, no matter where they are in the world. This is what makes the empirical questions about the environment a normative question about justice. (shrink)

This article examines the application of social contract theorizing to questions pertaining to the rights of indigenous peoples today, with particular reference to recent work by Jeremy Waldron. It is argued that such theorizing must be examined with reference not only to the content of its claims, but also with respect to its general mode of argumentation and its political function in specific contexts. Read in this light, social contract theory may function to unduly deny the claims of indigenous peoples, (...) oftentimes by shifting the register of debate to a relatively abstract and counter-factual level and relieving settler-colonial societies of the burden of proof. Insofar as social contract theory operates to this effect, it is analysed in terms of a ‘Settler Contract’. (shrink)

THE PROBLEM OF EVIL IN CHRISTIANITY AND BUDDHISM ABSTRACT In his prolegomena to “the problem of evil in Christianity and Buddhism” Masao Abe compares how Christianity and Buddhism explain the conflict between good and evil, the absolute ethical imperative to do good and avoid evil, and the problem that human beings inevitably fail to comply with that imperative. Abe argues that Buddhism and Christianity agree on the absoluteness of the imperative, but that Buddhism’s notions of the relativity and interdependence of (...) good and evil and “absolute nothingness” beyond good and evil make intelligible, as Christianity does not, the necessity of evil without undermining the ethical imperative to do good, and solve the problem of the failure of to overcome the duality of good and evil at the ethical level. I explore advantages and disadvantage of the responses of Buddhism and Christianity to the problem of evil, according to Abe’s analysis. I argue that Buddhism enjoys an advantage in dealing with the origin of evil and the conflict between good and evil without the burden of Christianity’s problem of theodicy, but suffers a difficulty in explaining why commitment to the ethical imperative is a prerequisite to enlightenment. Christianity’s identification of the good with God gives an advantage in explaining the relation between the ethical imperative and the religious ultimate, but encounters the problem of explaining the origin of evil. (shrink)

A critical analysis of theories of commercial impossibility and frustration of purpose is best undertaken in conjunction with a theoretical analysis of contract in general. Contracts function as a means of transferring social benefit, which can be subcategorised into subjective and objective benefit. Contracts also regulate the transfer or risk, which is inherent in property and hence any contractual relationship. In the light of the transfer of subjective and objective benefit and risk, contracts can be shown to be by definition (...) ex ante Pareto superior for both parties. Frustration of purpose or commercial impossibility is pleaded where the ex post overall benefit differs greatly from the ex ante expected value. This difference results from the manifestation of a risk which one party bears under the terms of the original contractual risk/benefit equilibrium. Considering the various subjective and objective risks and benefits involved in the contract, it is possible to classify frustrating eventualities under eight heads. In at least six cases the importance of the principle of security of exchange clearly precludes the operation of frustration. One of the remaining cases corresponds with the controversial Krell v Henry; there appears to be a temptation to regard frustration as the most socially utilitarian solution. Given however the dynamics of contractual risk and benefit, allowing frustration there would be unworkable because it would entail placing a subjective risk burden on the party which is in a worse position to evaluate it. There should be no place in the law for a doctrine of frustration of contract on the grounds of commercial impossibility orchanged circumstances. (shrink)

The focus of deliberative democrats is ordinarily on deliberation in its ‘external‐collective’ aspect, but deliberation also has an ‘internal‐reflective’ aspect to it, which consists of the weighing of reasons for and against a course of action; in that sense, it can and ultimately must take place within the head of each individual, even in external‐collective settings. Deliberative democrats suppose that outcomes will be democratically legitimate only in so far as they emerge through external‐collective processes of deliberation involving a free and (...) equal exchange among everyone who will be affected by them, and that ideal seems eminently feasible in small‐scale societies, but in large‐scale mass societies, they are not and cannot be. The challenge facing deliberative democrats is thus to find some way of adapting their deliberative ideals to large‐scale society, where it is not feasible to arrange face‐to‐face discussions across the entire community; solutions to that problem are not easily found. After briefly surveying various flawed attempts to rescue external‐collective forms of deliberative democracy from the problems of time, numbers, and distance, the author offers a counterproposal: that we ease the burdens of deliberative democracy in mass society by altering our focus from the ‘external‐collective’ to the ‘internal‐reflective’ mode, shifting much of the work of democratic deliberation to within the head of each individual; deliberation, on this account, is less a matter of making people ‘conversationally present’ and more a matter of making them ‘imaginatively present’ in the minds of deliberators. The different sections of the chapter are: Two Types of Deliberation; Unsuccessful Adaptations—[of deliberative democracy in large‐scale mass societies]; Another Approach: Deliberation Within; Dangers of Internal Deliberation; Informing the Democratic Imagination; and From Democratic Deliberation to Democratic Legitimacy. (shrink)

ABSTRACTThis paper assesses one type of justification for collective liability – the democratic authorization account – according to which citizens can be held liable for what their state does, because they collectively authorize the state’s actions. I argue that the democratic authorization view, properly understood, has an implausibly narrow scope, which risks leaving many victims of injustice without compensation. Hence, I propose a subsidiary account that is wider in scope, and which applies to most cases of state-inflicted harm. This view (...) picks out liable agents on the basis of their ability to bear the compensatory burdens, the incentives that the prospect of liability give citizens to hold their states in check, and distributive concerns. Lastly, I address the relationship between citizens who are collectively liable for some harm, and citizens who are to some extent morally responsible. (shrink)

The factors that determine the decision-making mechanisms on the regional level are twofold in nature : internal and external.We may distinguish three internal factors: 1° the councils of the regions are composed of members of the national parliament ; 2° on the national level, the regional problem is not dealt with by representatives of the regions ; 3° the conventional system controls the relationship between the executives and the councils of the regions.The external factors may be reduced to five: 1° (...) the regions do not have jurisdiction for their entire territory; 2° the financing of the regions is done via a system that implies no financial responsibility and onesidedly favors the southern regions ; 3° the financial burden of some decisions of the nation is imposed on the regions; 4° the distribution of authority disregards federal practice; 5° conflicts of authority are not resolved by a purely jurisdictional organ.Finally, we stress the contiguous existences·of regions and communities as substructures white the latter are the true components of the Belgian nation. (shrink)

Rejecting Klein's claims that normative epistemology and naturalism are mutually exclusive, I defend the normative naturalism of my "Epistemology in an Age of Cognitive Science". When insisting that epistemic standards simultaneously external to, superior to, and independent of those of science do not exist, I hold neither that science exhausts standards of rationality nor that relevant extra-scientific considerations do not exist. Cognitive science may transform how we pose some normative questions in epistemology. Concurring with Klein that the burden of (...) evidence resides with normative naturalism, I explore suggestive proposals that Churchland and Thagard have offered on just this front. (shrink)

"To claim that Works of Love is an important philosophical essay is to assume hazardous burden of proof. The book's title is an allusion to the Bible's injunction that we should love our neighbor as we love ourselves, a far cry, far instance, from Diotoma's ladder of erotic desire up which we climb from the love of bodies until we catch a vision of that "single sea of beauty," beauty itself (Plato, Symposium). This contrast, given that some of some (...) of our neighbors may not be particularly likable or one may even be a determined enemy, suggests immediately to some that a book with such an obviously religious title must be excessively moralistic and, at best, full of sermon helps for the harried clergy or, at worst, laden with rules for the unlearned laity. A casual perusal of a few paragraphs, however, shows these "put-down" views of the book to be unfounded"--. (shrink)