This chapter argues that the approach to punishment the U.S.—in particular, how it is determined what punishments are appropriate for which crimes—not only fails to achieve justice, but also drives much of the dysfunction in the U.S. criminal justice system. We then compare this system of punishment to the approach to trial and punishment used in ancient Athens and explain why this approach to punishment would lead to more trials and more just outcomes. The concern, however, is that using this—or (...) any—approach to punishment that leads to more trials seems as if it might cripple the U.S. justice system. We argue that this concern is unfounded and should not stand in the way of procedures that would likely produce more just results. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Memory in Augustine’s Theological Anthropology by Paige E. HochschildJoseph T. Lienhard, S.J.Memory in Augustine’s Theological Anthropology. By Paige E. Hochschild. Oxford: Oxford University Press, 2012. Pp. 251. $125.00 (cloth). ISBN 978-0-19-964302-8.When students of St. Augustine consider his teaching on memory, they turn instinctively to the Confessions, book 10, and to On the Trinity, books 11 and 12. The lyrical passage in the Confessions is easy to teach and (...) intriguing in its contents. Paige Hochschild paints a much larger picture, drawing on far more sources. She also sees memory as a central category in Augustine’s thought. In the opening paragraph of the introduction, she describes memory (for Augustine) as the way the mind meets the world, as the way things external to the body are apprehended, as the way intelligible objects are known, and as what it means to be constituted in the image of God. This is a big order. And “order,” in Augustine’s sense, is key: the mind, as memory, brings order to the natural world, but also brings to light a providential order that is implicit in the sensible.The book is divided into three parts: (1) the philosophical tradition (Plato, Aristotle, and Plotinus), (2) Augustine’s earlier writings (from the Cassiciacum dialogues up to De magistro and De musica), and (3) the Confessions and De trinitate. The conclusion of this complex study is that memory is salvific: it accounts for the soul’s progress by the dialectical play of the knowledge and love of what is possessed, yet not possessed. The lifelong process of healing in which memory functions is fulfilled in contemplation.Two characteristics of Hochschild’s book can be mentioned at the outset. First, she studies each author diachronically, measuring progress and growth in the author’s thought, and particularly in his understanding of memory. Second, she readily invokes a wide range of categories to explain and illuminate her main topic. The book is anything but an extended encyclopedia article on “memoria in Augustine.” The two principal terms in the title, “memory” and “theological anthropology,” are richly developed and elaborated.Chapter 1 begins with a short note on Augustine’s knowledge of Plato. It is generally admitted that Augustine read some of the dialogues of Plato in translation: the Timaeus, the Republic (albeit only parts of it), the Phaedo, and the Phaedrus. Some of these works, at least, may have come down to him through doxographers. But Plato’s influence on Augustine remains shadowy. It is “Platonism,” and particularly Plotinus, that influences him so clearly, a point made memorably in Confessions 7.9.13-15, and its intriguing reference to the libri Platonicorum. Before all else, Platonism delivers Augustine from the bondage of materialism.Hochschild treats Plato’s doctrine of memory under four headings: sense perception, knowledge as recollection, divisions in the ways of knowing, and the practice of dialectic. In regard to sense perception, the sharp distinction (found in the Republic) between opinion (doxa) and knowledge (epistêmê) [End Page 144] needs to be refined, Hochschild avers. At least in some later works, the sensible is an image of the intelligible, and hence some sense perception can be infallible. On the next topic, Plato invokes recollection to explain direct apprehension of the forms, but recollection does not recall what was perceived in the past but is a restoration of a clear, logical relationship. The Republic introduces a new element, “the illuminative power of the Good” (21). The final section of chapter 1 treats dialectic, concluding that “knowledge is fulfilled in virtue, and the art of dialectic is not merely an exercise in definition, but a hexis, and a way of living” (27).Chapter 2, on Aristotle, begins with the observation that, if Plato’s influence on Augustine was indirect, Aristotle’s was even more indirect, reaching Augustine through Plotinus. Most familiar, of course, are Augustine’s account of reading Aristotle’s Categories during his days at Carthage (Confessions 4.16.28-31) and his later use of the categories of substance and relation in his understanding of the Trinity, creating the category of “substantial relation,” which would... (shrink)

Charlene Haddock Seigfried argues that William James’s philosophy significantly influenced the shaping of pragmatist feminism and feminist pragmatism. Interpreting his works, she recognized the potential of his ideas for feminist reconstruction and their alignment with feminist goals. However, Seigfried also criticizes James for what she perceives as pervasive sexism in his writings. In this paper, I will defend James from the accusations made by Seigfried and demonstrate that he did not hold such a hostile attitude towards women as she suggests.

In this short, dense essay, Jean Cavaillès evaluates philosophical efforts to determine the origin - logical or ontological - of scientific thought, arguing that, rather than seeking to found science in original intentional acts, a priori meanings, or foundational logical relations, any adequate theory must involve a history of the concept. Cavaillès insists on a historical epistemology that is conceptual rather than phenomenological, and a logic that is dialectical rather than transcendental. His famous call (cited by Foucault) to abandon "a (...) philosophy of consciousness" for "a philosophy of the concept" was crucial in displacing the focus of philosophical enquiry from aprioristic foundations toward structural historical shifts in the conceptual fabric. This new translation of Cavaillès's final work, written in 1942 during his imprisonment for Resistance activities, presents an opportunity to reencounter an original and lucid thinker. Cavaillès's subtle adjudication between positivistic claims that science has no need of philosophy, and philosophers' obstinate disregard for actual scientific events, speaks to a dilemma that remains pertinent for us today. His affirmation of the authority of scientific thinking combined with his commitment to conceptual creation yields a radical defense of the freedom of thought and the possibility of the new. (shrink)

This article critically analyzes Rawls’s attitude toward envy. In A Theory of Justice, Rawls is predominantly concerned with the threat that class envy poses to political stability. Yet he also briefly discusses the kind of envy that individuals experience toward their social peers, which he calls particular envy, and which I refer to as peer envy. He quickly concludes, however, that particular envy would not present a serious risk to the stability of his just society. In this article, I contest (...) this claim by arguing that the principles that structure Rawls’s ideal society are likely to exacerbate particular envy to a politically risky extent. Section 1 reconstructs his account of envy, giving special attention to his belief that competition kindles envy between peers. Section 2 then examines the way in which Rawls often endorses rivalry within the body politic. I argue that the society governed by justice as fairness is, on account of this rivalry, likely to generate a politically problematic degree of particular envy. In Section 3, I invoke ancient Greece as an example of a society that was, as a result of its intense competitiveness, often imperiled by dangerously elevated levels of peer envy. I then survey the key institutional mechanisms by which the ancient Greeks sought to manage this hazardous emotion. It turns out, however, that most of these mechanisms would be unavailable to Rawls insofar as they starkly contravene his principles of justice. I conclude that if Rawlsians wish to establish a society that fosters rivalry, they would do well to reflect on the means by which peer envy can be effectively harnessed. (shrink)

Sartre’s Critique of Dialectical Reason ranks with Being and Nothingness as a work of major philosophical significance, but it has been largely neglected. The first volume, published in 1960, was dismissed as a Marxist work at a time when structuralism was coming into vogue; the incomplete second volume has only recently been published in France. In this commentary on the first volume, Joseph S. Catalano restores the Critique to its deserved place among Sartre’s works and within philosophical discourse as a (...) whole. Sartre attempts one of the most needed tasks of our times, Catalano asserts—the delivery of history into the hands of the average person. Sartre’s concern in the Critique is with the historical significance of everyday life. Can we, he asks, as individuals or even collectively, direct the course of our history? A historical context for our lives is given to us at birth, but we sustain that context with even our most mundane actions—buying a newspaper, waiting in line, eating a meal. In looking at history, Sartre argues, reason can never separate the historical situation of the investigator from the investigation. Thus reason falls into a dialectic, always depending upon the past for guidance but always being reshaped by the present. Clearly showing the influence of Marx on Sartre’s thought, the Critique adds the historical dimension lacking in Being and Nothingness. In placing the Critique within the corpus of Sartre’s philosophical writings, Catalano argues that it represents a development rather than a break from Sartre’s existentialist phase. Catalano has organized his commentary to follow the Critique and has supplied clear examples and concrete expositions of the most difficult ideas. He explicates the dialogue between Marx and Sartre that is internal to the text, and he also discusses Sartre’s Search for Method, which is published separately from the Critique in English editions. (shrink)

Ṣadr, Muḥammad Bāqir; Islamic philosophy; 20th century.

Dewey's voluminous writings, spanning decades and reflecting the contrasting national moods of different historical periods, abound with tensions, not to say contradictions. In highlighting and working with a conflict within Dewey's commitments, then, I do not mean to be catching him out or correcting a mistake. The tension on which I focus is one with which he struggled for most of his philosophical career and one that he never satisfactorily resolved, yet it is also one that goes to the heart (...) of what it is to be a pragmatist. It involves the role of final ends in a philosophy that places practical reasoning at the heart of all knowledge. I will argue that while Dewey had powerful philosophical prejudices that prevented him from adequately dealing with this problem himself, a solution is nonetheless forthcoming that maintains, and perhaps even deepens, the main themes of his pragmatism. Setting out this solution will lead me, in the end, to a novel formulation of the pragmatist theory of truth. (shrink)

Classical Sanskrit commentary on Brahmasūtra; includes original Sanskrit text with English translation.

[1] The early years, 1878-1923 -- [2] The middle years, 1923-1945 -- [3] The later years, 1945-1965.

Ptolemy reports three dated lunar eclipses observed by Hipparchus, and also refers to two more, without identifying them, which Hipparchus compared with two earlier counterparts (apparently, observed in Mesopotamia) to assess the validity of the Babylonian period relations of the lunar motion. Also, in Pliny the Elder’s Historia naturalis, we are told that a horizontal lunar eclipse (selenelion) at sunrise and moonset was reported (observed?) by Hipparchus. Reviewing a paper by G.J. Toomer in 1980, it is shown that the pairs (...) of the eclipses were, almost certainly, the ones occurring on “31 January 486 b.c. and 27 January 141 b.c.” and “19 November 502 b.c. and 14 November 157 b.c.”; and if Hipparchus observed from St. Stephen’s Hill in Rhodes, the most probable candidate for the selenelion at moonset was the lunar eclipse of 7 February 142 b.c., although he also had the chance to observe any of the four others, occurring on 3 July 150 b.c., 10 April 145 b.c., 26 November 139 b.c., and 15 November 138 b.c., on a sufficiently elevated mountain on the island. (shrink)

_This paper discusses the concept of compassion fatigue in light of the importance that political decisions, especially the application of the concept of public spirit, have had on care and nursing in a Danish hospital context during the COVID-19 pandemic. The paper is based on recent research literature in the field as well as the author’s own participatory observation study. The paper suggests that nurses already show a sense of public spirit due to their authorization and professional ethics, but at (...) the same time they must balance the ambiguity of nursing care. A linguistic-philosophical study of public spirit shows that the concept can have a discursive, double-binding and interpellative effect on nurses, who may therefore have an experience of inadequacy and compassion fatigue. In this context, compassion fatigue must be understood as the fact that nurses cannot provide the care they want or that is expected of them. Public spirit can be said to have had a renaissance and linguistic and moral supremacy during the COVID-19 pandemic. The paper views the concept of __waywardness 1 as a possible response for how to prevent or completely avoid compassion fatigue, so that nurses instead have an experience of compassion / self-compassion. This could in the end be important for encouraging more nursing students and nurses who have the desire and opportunity to stay in the profession._ _Keywords_: Nursing care, compassion fatigue, public spirit, compassion, COVID-19 pandemic. (shrink)

The practical goal of preventing premature death seems uncontroversial. But the term ‘premature death’ is vague with several, sometimes conflicting definitions. This ambiguity results in several conceptions with which not all will agree. Moreover, the normative rationale behind the goal of preventing premature deaths is masked by the operational definition of existing measures. In this article, we argue that ‘premature death’ should be recognized as a normative concept. We propose that normative theories should be used to justify measures of premature (...) death to provide them with normative validity and public legitimacy. (shrink)

In the ground-breaking 2018 judgment of Navtej Singh Johar v. Union of India, the Hon'ble Supreme Court of India ushered in a new era by decriminalizing homosexuality, marking a pivotal moment in the country's legal history. However, this progressive stride was accompanied by persistent questions concerning homosexual rights that remained unexplored within both cultural and legal frameworks. Despite the legal acknowledgment, members of the homosexual community are often professed merely as 'individuals' and not fully integrated into mainstream society. This perception (...) is aggravated by the absence of a societal 'stamp of marriage,' reinforcing their marginalization. In the realm of Hindu law, the sanctity of marriage is deeply rooted in the scriptures, which explicitly define it as the union of 'two souls.' Remarkably, these very scriptures also assert that a soul is inherently without gender, elucidating that gender is a characteristic exclusive to the human body. It is crucial to recognize that Hindu law, including the relevant Acts, draws extensively from these scriptures, making them a fundamental source of legal principles. The legislation, such as the Hindu Marriage Act, essentially serves to codify and organize the pre-existing Hindu law without seeking to undermine the intrinsic values enshrined within the Holy Scriptures. This article aims to delve into the unaddressed aspects of homosexual rights within the contemporary legal framework, shedding light on the denied rights that persist. While global attitudes are progressing towards recognizing and safeguarding homosexual rights, the Indian government and cultural factors appear hesitant to renounce orthodox and conservative stances. This article seeks to analyse and critique these aspects, exploring the challenges hindering the full acceptance and integration of homosexual individuals into the broader societal fabric despite the transformative legal landscape initiated by the Navtej Singh Johar case. (shrink)

This review of On Philosophy first pursues the question of just what “the speaking of matter” means: is it a matter of the sheer production of sound or “voice” or is it a matter of articulate “speech”? From there I explore the question of “finding your voice” with reference to the “new feminist materialism” and the work of Susan Griffin. The second part of this review concerns the status of border and boundary in McCumber’s powerful notion of “ousiodic structure,” suggesting (...) that beyond the strict limits of this structure there is an alternative notion of open enclosure that is much more permeable than is allowed in the ousiodic model and that offers a way out of the Aristotelian paradigm that has had such oppressive effects in Western thought. (shrink)

This review of On Philosophy first pursues the question of just what “the speaking of matter” means: is it a matter of the sheer production of sound or “voice” or is it a matter of articulate “speech”? From there I explore the question of “finding your voice” with reference to the “new feminist materialism” and the work of Susan Griffin. The second part of this review concerns the status of border and boundary in McCumber’s powerful notion of “ousiodic structure,” suggesting (...) that beyond the strict limits of this structure there is an alternative notion of open enclosure that is much more permeable than is allowed in the ousiodic model and that offers a way out of the Aristotelian paradigm that has had such oppressive effects in Western thought. (shrink)

This is an interview with Edward S. Casey, conducted by Donald A. Landes.

In this paper we seek to clarify the question of what exactly is meant by an “autonomous” decision or act by focusing on the most fundamental personal condition for deciding or acting autonomously. This basic personal requirement has often been overlooked in recent debates; where it has been seen, it is characterized in ways that are too demanding. What is meant here is an individual form of self-relation that seems to be constitutive for leading a life as a human and (...) is likely to be acquired very early in life. This significant personal self-relation has three essential aspects: a primal sense of “self-confidence”, a basic form of “self-assertiveness”, and a fundamental form of “self-esteem”. We will call this the “triple S condition” for autonomy. Our main thesis is that any decision or action which is not based on this triple S condition cannot be called “autonomous”. (shrink)

This article explores the contributions of nineteenth-century philosophers of habit to understanding the rigidity of desire. Focusing on the work of Félix Ravaisson, I argue that Of Habit (1838) makes sense of something that much queer theory fails to address in its investment in the subversion of identity: the tendency of desire to return to known objects and follow well-worn paths, a tendency that does not always result in the affirmation of norms or the consolidation of power. Of Habit offers (...) a new set of terms—crystallization, patterning, and necessity, among others—for comprehending the limits of desire’s flexibility without naturalizing gender or sexuality as permanently fixed or inherent. In so doing, it offers an alternative to queer theories that, indebted to Judith Butler’s performativity thesis, attribute the rigidities of sexual life entirely to the productive power of cultural prohibitions and discursively constructed norms. (shrink)

It is generally accepted that we need more research into concussions and other injuries with potential long-term effects in sport because such research underpins effective, evidence-based prevention, management, support, and treatment. This paper provides an analysis of the obligations of sports federations to support and facilitate such research, as well as an analysis of the role active participants in the sport should have in the research process. The paper focuses on concussion and concussion research, though very similar arguments apply to (...) other common sports injuries with potential long-term effects. The paper argues that sports federations have a moral obligation and a prudential interest in initiating, facilitating, and funding concussion research. This follows from their duty of care towards active participants and from considerations of reciprocity. The ability to discharge these research obligations depends on the resources available to a particular federation, but those who can discharge them should do so. The paper further argues that athletes and other active participants in sport should be involved in all aspects of the concussion research process from conception to design, i.e. that Active Participant Involvement and Engagement (APIE) should be a non-negotiable element of concussion research projects. This is supported by instrumental reasons, but also by philosophical argument based on standpoint epistemology and on ethical arguments related to the interests of active participants. Standpoint epistemology is the epistemological position that the knowledge a person has and can have depends on that person’s standpoint in the world. Keywords: Concussion, funding, participant involvement, sport, sport association, sport federation. (shrink)

A new class of program-oriented logical formalisms is investigated – renominative logics with extended renominations, equality predicates, and predicate complement composition. Composition algebras and languages of such logics are described; their semantic properties are investigated. For these logics, a number of logical consequence relations are proposed and investigated, in particular, the logical consequence relations with undefinedness conditions. Properties of these relations form the semantic basis for further construction of sequent-type calculi for the proposed logics.

Classical work, with Hindi and Sanskrit commentaries, on non-dualistic (Advaita) Vedanta philosophy.