The world’s process of rationalization created by Modernity has left us facing a huge waste land that leads us to wonder about the sense of reality. With this demand of sense, freedom becomes destiny, as Yolanda Ruano de la Fuente shows. Regarding her conclusions about Weber and Modernity I will show the way in which sense and freedom, duty and tragedy, character and destiny, are entwined in an attempt to remake the world as a place with sense.

En la comunicación que aquí propongo me gustaría conectar el proceso de racionalización iniciado en la modernidad y el problema del sentido que éste suscita con lo que Arendt llama «tiempos de oscuridad» y que Richard Sennett nombra como la «corrosión del carácter». El declive del dominio público y la disolución de las relaciones de apoyo social mutuo en los países occidentales durante las últimas dos décadas nos lleva a re-pensar el alcance de esa oscuridad, de las dificultades para componer (...) un carácter o una biografía o, mejor, la imposibilidad de lograr tal cosa en este tiempo. Se trata, por tanto, de vincular la reflexión de Weber, Arendt, Sennett y Nancy a fin de considerar las consecuencias reales de esta crisis de sentido una vez asumido que la reflexión sobre la crisis en la contemporaneidad se enmarca dentro de los límites de la reflexión sobre el sentido, la estructura del mundo y las acciones que podemos emprender en él. (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second (...) condition, which links liability with responsibility. McMahan's use of the responsibility criterion, the article contends, is too restrictive as an account of liability in general and an account of liability to be killed in particular. In order to defend this claim, the article disambiguates the concept of liability and explores its role in the philosophical analysis of the permission to cause harm to others. (shrink)

Recent work in cerebral neurology should be used to fashion a new synthesis with anthropological studies. Beginning with Paul D. Madean's model of the triune brain, we explore Ralph Wendell Burhoe's question whether creative processes result from a coadaptation, perhaps in ritual itself, of genetic and cultural information. Then we examine the division of labor between right and left cerebral hemispheres and its implications for the notions of play and “ludic recombination.” Intimately related to ritual, play may function in the (...) social construction of reality analogous to mutation and variation in organic evolution. Finally, we consider how our picture of brain functioning accords with some distinctive features of the religious systems dominant in human cultures. (shrink)

One of the most interesting questions raised in Cecile Fabre’s Cosmopolitan War concerns war for the sake of resources. Fabre argues that it is sometimes permissible to go to war for the sake of resources that the poor are entitled to. I agree with this, but I think it is true only in very restricted circumstances. I consider a number of arguments in favour of resource wars, showing many of them to fail. The most promising argument, I suggest, is that (...) those who possess resources that have unjustly been secured are complicit in posing future threats by contributing to a market for unjustly secured resources. Whilst this argument has some promise, even it, I suggest, is in no way decisive. (shrink)

Scriven’s paradox of predictability arises from the combination of two ideas: first, that everything in a deterministic universe is, in principle, predictable; second, that it is possible to create a system that falsifies any prediction that is made of it. Recently, the paradox has been used by Rummens and Cuypers to argue that there is a fundamental difference between embedded and external predictors; and by Ismael to argue against a governing conception of laws. The present paper defends a new diagnosis (...) of the roots of the paradox. First, it is argued that the unpredictability has to be understood in the light of Turing’s famous results about computability, in particular his proof that there is no solution to the ‘halting problem.’ This allows us to see that previous analyses of the paradox were either mistaken or not fully adequate. Second, the sense of paradox that nevertheless remains is traced to the idea that rational behaviour is not dependent on contingent environmental circumstances: that it is always up to us to engage in activities such as rational prediction or rational belief. The paradox of predictability teaches us that this idea, natural though it may be, is mistaken. (shrink)

This paper attempts three things. It invites you to engage critically with me in the adjudication of a particular controversy. It attempts to argue for and exemplify important procedures which distinguish good and bad thinking in a critical mode. And it argues the case for the separate teaching of critical thinking (henceforth CT).

This essay is a response to the excellent contributions to the double special issue of Law and Philosophy on my book The Ends of Harm. I further defend the Duty View of punishment outlined in the book, responding to criticisms of that view. I also challenge the plausibility of retributivist accounts offered in response to the challenges to that view developed in The Ends of Harm.

In this paper I argue that the existence of human reason gives us good reason to suppose that God exists. If the world were as the materialist supposes it is, then we would not be able to reason to the conclusion that this is so. This contention is often challenged by the claim that mental and physical explanations can be given for the same event. But a close examination of the question of explanatory compatibility reveals that the sort of explanation (...) that would have to be given for the event of, say, inferring that atheism is true, is incompatible with the event being explicable as a purely physical product of a purely physical universe. (shrink)

The study examines a problematic hypothesis of possible approaches to identifying the quantum physical foundations of the functioning of consciousness. The authors proceed from the fact that in modern conditions, not a single science, nor all sciences taken together, gives a final answer to the question of the “mechanism” of the origin of thought. However, this does not mean at all that research in this direction needs to be stopped. The authors express confidence that modern and subsequent research into the (...) “quantum concept of consciousness” will lead to the identification of previously unknown patterns, opening the way to the formation of new principles and approaches. As an example, the corresponding Penrose - Hameroff concept is considered. Quantum mechanics complements the tools of neurobiology and other branches of neuroscience, which together form an interdisciplinary field of knowledge that is dynamically growing and developing. The authors are not apologists for the omnipotence of quantum physics. Quantum correlates of consciousness actually mean that it is not today’s quantum mechanics itself that explains the emergence of mental states, but the fact that in the birth of these states it is essential that in the very process of the formation of neurodynamic impulses in the neurons of the cerebral cortex that generate mental states, there are processes of quantum nature. It should also be recognized that the quantum-molecular level (nanolevel) of processes in the neurons of the brain really exists and it is this that is the source of proto-consciousness. Science strives to move forward, new research programs are emerging within the framework of quantum biology, quantum psychology, quantum information science, which in turn can shed light on the hypothesis of the “quantum concept of consciousness.”. (shrink)

This new Encyclopedia of Postmodernism is structured with biographical entries on all the key contributors to the postmodernism debate, including Mikhail Bakhtin, Pierre Bourdieum, Jacques Derrida, Jurgen Habermas and Wittgenstein. Providing an all-encompassing and welcome addition to the field, the Encyclopedia contains entries on foundational concepts of postmodernism which have revolutionized thinking in every intellectual discipline. This new Encyclopedia is the first to provide comprehensive A-Z coverage of the key individuals and concepts of postmodernism. The 300+ entries include: * African (...) American studies * Roland Barthes * binary opposition * Buddhism * comparative literature * cyberculture * death of God * Gilles Deleuze * desire * digital culture * end of history * globalization * grand narrative * improvisation * jouissance * logocentrism * metalanguage * sadism * theatre arts * trope * visuality * Cornell West * and much more. Fully cross-referenced and indexed, with suggestionsfor further reading. (shrink)

Actions are uncontroversially public. However, the prevailing model of explanation in the debate about the de se seems to conflict with this fact by proposing agent-specific explanations that yield agent-specific types of action—i.e. types of action that no two agents can instantiate. Remarkably, this point affects both proponents and critics of the de se. In this paper, I present this kind of problem, characterise the proper level of analysis for action explanation compatible with the publicity of action—i.e. the agent-bound level—and (...) suggest that acknowledgement of this level highlights two important amendments of contemporary views. First, sceptics must accept that, when explanation is attitude-involving, the attitudes mentioned in the explanation of action must refer to the agent. Secondly, and perhaps more surprisingly, proponents of the de se should seek for accounts of de se attitudes that are not confined to a specific agent and are, therefore, sharable across agents. (shrink)

This article clarifies and further defends the view that the right to be presumed innocent until proven guilty, protected by Article 6(2) of the European Convention of Human Rights has implications for the substantive law. It is shown that a ‘purely procedural’ conception of the presumption of innocence has absurd implications for the nature of the right. Objections to the moderate substantive view defended are considered, including the acceptability of male prohibits offences, the difficulty of ascertaining intentions of legislatures and (...) the proper role of prosecutorial discretion. (shrink)

In this lucid and insightful study, Stephen Makin investigates a form of argument widespread in ancient Greek philosophy, where the absence of a reason for one alternative to be the case rather than another is used to establish substantive conclusions—where the alternatives are “indifferent”. Examples abound: Anaximander engages in such reasoning to show that the Earth does not move; Zeno of Elea to show that what is cannot be divided; Democritus to argue for finite divisibility, on the one hand, and (...) the infinite variety of atoms and worlds, on the other; not to mention the extensive use of such arguments in ancient skepticism. (shrink)

Woodward’s interventionist theory of causation is beset by a problem of circularity: the analysis of causes is in terms of interventions, and the analysis of interventions is in terms of causes. This is not in itself an argument against the correctness of the analysis. But by requiring us to have causal knowledge prior to making any judgements about causation, Woodward’s theory does make it mysterious how we can ever start acquiring causal knowledge. We present a solution to this problem by (...) showing how the interventionist notion of causation can be rationally generated from a more primitive agency notion of causation. The agency notion is easily and non-circularly applicable, but fails when we attempt to capture causal relations between non-actions. We show that the interventionist notion of causation serves as an appropriate generalisation of the agency notion. Furthermore, the causal judgements based on the latter generally remain true when rephrased in terms of the former, which allows one to use the causal knowledge gained by applying the agency notion as a basis for applying Woodward’s interventionist theory. We then present an overview of relevant empirical evidence from developmental psychology which shows that our proposed rational reconstruction lines up neatly with the actual development of causal reasoning in children. This gives additional plausibility to our proposal. The article thus provides a solution to one of the main problems of interventionism while keeping Woodward’s analysis intact. (shrink)

Elizabeth Anscombe’s classic paper Causality and Determination claims that causation can be perceived. It also defends causal singularism, the idea that the causal relation is fundamentally between the particular cause and effect, and does not depend on regularities holding elsewhere in the universe. But does the former furnish an argument for the latter? The present paper analyses a special type of causal experience involving emotional reactions to present stimuli; for instance, being frightened by a spider. It argues that such experiences (...) are strongly local, in the sense that they justify belief in a local causal relation independently of our knowledge about events elsewhere in the universe. If this analysis is correct, Humean regularity theories of causation are false; and all other non-singularist theories of causation face a difficult explanatory challenge. This means that the case for causal singularism comes out considerably strengthened. (shrink)

The article discusses some of the fundamental conceptual and theoretical aspects of rational choice and moral order. A distinction is drawn between constitutional interests and compliance interests, and it is argued that a viable moral order requires that the two interests somehow be brought into congruence. It is shown that with regard to the prospects for a spontaneous emergence of such congruence, a distinction between two kinds of moral rules which we call trust-rules and solidarity-rules is of crucial importance.

What are the laws of physics? -- The stuff that kicks back -- Point-of-view invariance -- Gauging the laws of physics -- Forces and broken symmetries -- Playing dice -- After the bang -- Out of the void -- The comprehensible cosmos -- Models of reality.

This article is a defence of a differentiated offence of rape. A differentiated offence is an offence which can be completed in a number of different ways that cannot be captured in a simple definition. It is argued that such an offence would meet several concerns that have been expressed in the feminist literature about the law of rape. It would assist certainty, it would reduce the extent to which the offence focuses on the conduct of the complainant, it would (...) allow the law to express that violence is central to the offence of rape where violence is present, but it would also allow convictions of rape where there is no violence. The argument is developed through critical engagement with the law of rape as set out in the Sexual Offences Act 2003. The Sexual Offences Act, it is argued, fails adequately to meet the concerns outlined above. (shrink)

From Fodor and Pylyshyn’s celebrated 1988 systematicity argument in favour of a language of thought , a challenge to connectionist models arises in the form of a dilemma: either these models do not explain systematicity or they are implementations of LOT. From consideration of this challenge and of systematicity in domains other than language, defenders of connectionism have mounted a parallel systematicity argument against LOT which results in a new self-defeating dilemma, what I call here the systematicity challenge challenge : (...) either LOT does not explain nonlinguistic systematicity, or it is in no better position than its rivals to explain any systematicity, even linguistic systematicity. In this paper, first, I critically examine the SCC and some considerations that seem to support it. Second, I offer a response to the SCC by: showing that LOT was never meant to be a cognitive model restricted only to linguistic systematicity, and formulating a new argument in favour of LOT from nonlinguistic systematicity. Third, I argue that there is a central assumption underlying the SCC and maintain that it is mistaken. I conclude that the classical systematicity challenge continues to be fully valid for linguistic and nonlinguistic domains. (shrink)

This article attempts to re-establish the importance of Foucault's work for an understanding of the way in which modern law operates. This argument has two stages. Firstly, there is a critique of the interpretation of Foucault's work by legal and sociological thinkers. It is argued that by reading the term ‘juridical’ as synonymous with the term ‘law’ in Foucault, people miss the substance of Foucault's argument. The term juridical describes an arrangement and a representation of power rather than the law. (...) This is made clear through a critique of J. S. Mill's On Liberty which is shown to make a juridical distinction between power and a free space of action which is unsustainable. Secondly, Foucault's genealogy of power relations is recast from the perspective of a legal theoretician. Foucault's history of power relations is constructed from historical differences in the mode of operation of power and discourse. By analysing these differences and their relationship to the mode of operation of law, an account of the place of modern law in Foucault's genealogy is established. Modern law operates between Foucault's concepts of government and discipline. It provides a key way in which government decisions can adjust the relationships between disciplinary institutions. This introduces the idea that law begins to operate in the perspective of the complete lives of individuals rather than just to prevent certain actions. Law, then, operates in accordance with what Foucault calls ‘bio-power’. (shrink)

I am extremely grateful to Daniel Farrell, Hamish Stewart, Kasper Lippert-Rasmussen and Suzanne Uniacke for their careful, imaginative and probing responses to The Ends of Harm: The Moral Foundations of Criminal Law in this special issue of Criminal Law and Philosophy. It is especially gratifying that philosophers of this calibre, not all of whom have worked directly on the philosophy of punishment and the philosophy of criminal law, have engaged with Ends in this way.One of my ambitions in writing Ends (...) was to connect the philosophy of punishment more directly with a set of broader issues in normative ethics than is common in the philosophy of punishment. I hoped this would encourage others to see the justification of punishment as a small part of a more general normative theory of permissible harm. This special issue has further confirmed to me that this way of developing the philosophy of punishment is fruitful.I will not attempt to respond to all of the arguments i .. (shrink)

Adherents as well as detractors of the normativity of mental content agree that its assessment crucially depends on the assessment of a principle for believing what is true. In this paper, I present an alternative principle, which is based on possession conditions for pure thinking or mere entertaining. I argue that the alternative approach has not been sufficiently emphasised in the literature and has two important merits. First, it yields a direct analysis of the normativity of mental content, which is, (...) furthermore, independent of arguably non-normative notions such as truth. Second, the approach suggests new and challenging lines of response to central non-normativist objections. (shrink)

Coherence is a measure of how much our beliefs hang together. Understanding is achieved when we see that something is not just a brute, isolated fact. This suggests that it might be possible to use the extant probabilistic measures of coherence to formulate a measure of understanding. We attempt to do so, but it turns out that a coherence theory runs into trouble with the asymmetry of understanding. We identify four difficulties and show how they have been solved by a (...) unification approach to explanation. We also identify four advantages of the coherence approach, and assess the possibilities of reconciling the strengths of the two approaches.La coherencia es una medida sobre cuanta interdependencia hay entre nuestras creencias. La comprension se obtiene cuando vemos que algo no es un hecho bruto, aislado. Esto sugiere la posibilidad de usar las medidas probabilisticas de coherencia al uso para elaborar una medida de la comprension. Explorare esta posibilidad, a pesar de que una teoria de la coherencia tropieza con problemas aqui dado el caracter asimetrico de la comprension. Identifico cuatro dificultades al respecto y muestro como han sido resueltas mediante un enfoque de la explicacion basado en la nocion de unificacion. Tambien identifico cuatro ventajas en la aproximacion desde la coherencia y examino que perspectivas hay de reconciliar los puntos fuertes de ambos planteamientos. (shrink)

In our exchange in the book, C. S. Lewis’s Christian Apologetics: Pro and Con, edited by Gregory Bassham, David Kyle Johnson argued that four naturalistic views, property dualism, the identity theory, epiphenomenalism, and eliminative materialism, can all meet the challenge posed by a C. S. Lewis–style argument from reason. I maintain that his response fails to take into account what a consistent naturalism is committed to, and that his defenses of these positions fail to put those positions in the clear.

Two theories of excuses are currently popular in criminal law theory: the character theory and the capacity theory. In the former the defendant claims that although he performed a wrongful action, it did not properly reflect his character. In the latter, the defendant claims that although he performed a wrongful action he lacked the capacity to do otherwise. In John Gardner's view neither claim is adequate to provide the defendant with an excuse. Excuses, Gardner thinks, are only appropriate where the (...) defendant can claim that he has lived up to the standards reasonably to be expected of a person performing the role that the defendant was performing. The view defended here is that whilst the Gardner style excuse is an excuse, both of the claims that he rejects properly ground excuses in the criminal law as well. Furthermore, they do not exhaust the field of excuses. Excuses are best seen as defences that mop up where an application of the other rules of the criminal law would not adequately serve its principles. No further ordering of excuses is possible. (shrink)

Lain (antropölogo, filösofo e historiador de la medicina) define como relaciön amistosa una serie de actividades que en esencia son: desear el bien del amigo por el amigo mismo, igualdad entre los amigos, comunalidad y comunicaciön entre los amigos y consideraciön de una relaciön entre personas. De la misma forma establece que una vez producido el encuentro, para que exista la amistad, deben cumplirse una serie de reglas, tales como el respeto, la liberalidad, la franqueza, la imaginaciön y el discernimiento (...) afectivo. Entre las patologias de la amistad se encuentran: la consideraciön del otro como objeto, alteraciones derivadas de la relaciön (estatus o niveles sociales), alteraciones entre los fines, los grados de amistad y de las propiedades de la relaciön amistosa, y que habitualmente se manifiestan como alteraciones en el respeto, la igualdad, la confidencia y la convivencia. Las alteraciones producidas en la relaciön amistosa pueden superarse si existe respeto, igualdad, franqueza, consideraciön de ambos como personas, liberalidad,... Todos los fenömenos que se han presentado en esta comunicaciön tienen como caracteristicas la alteraciön de alguna de estas reglas de mantenimiento de la amistad. (shrink)

Dans ce travail, je me propose d'examiner, en réfléchissant sur l'apophatisme, les modalités par lesquelles la philosophie entre ou peut entrer en dialogue avec la théologie. L'ouverture vers la pensée théologique est fondée sur le fait que l'apophatisme philosophique peut être compris comme une étape préparatoire à l'apophatisme théologique: le dernier niveau auquel le philosophe peut arriver dans sa méditation peut correspondre à la première étape de la pensée apophatique à un niveau theologique.

The purpose of this paper is to show that the dichotomy between factual and eidetic represents one of the fundamental presuppositions of the Husserlian phenomenology. No authentic understanding of the phenomenological reduction and of its constitutive role for the transcendental phenomenology is possible without a proper understanding of this dichotomy and of its relevance for the transcendental problem. One of the questions I am going to discuss in this paper is the following: Could it be possible that both the dichotomy (...) between fact and essence and that between empirical and eidetic sciences is actually at work in Husserl’s Ideen I as a phenomenologically uninvestigated presupposition of his undertaking? The other matter I am going to address in this paper is the concept of originary givenness and the legitimacy of the knowledge based on it (which is presupposed by the “principle of all principles” which Husserl formulates in Ideen I). I will argue that this concept is a revolutionary idea not only from a philosophical standpoint, but also from a more general scientific one, because it offers a new criteria of knowledge, that of the originary donating intuition. (shrink)