In the 1950s, the term ‘deprivation’ entered American psychiatric discourse. This article examines how the concept of deprivation permeated the field of mental retardation, and became an accepted theory of etiology. It focuses on sensory deprivation and cultural deprivation, and analyzes the interventions developed, based on these theories. It argues that the controversial theory of cultural deprivation derived its scientific legitimization from the theory of sensory deprivation, and was a highly politicized concept that took part in the nature—nurture (...) debate. (shrink)

The Tuskegee Syphilis Study is surrounded by illuminating misconceptions—myths that cannot be blithely dismissed because they actually provide some insight into the significance of the study. One of those is that the men were deliberately infected with syphilis; another is that they obtained no treatment for the disease. Some other errors are alleged in two recent articles about the study, but these articles themselves create their own fictions.

Our goal is to analyze the distinction between factual statements and opinions from a philosophical—specifically an epistemological—perspective. Section 1 reviews the most common criteria for drawing the distinction, which while inadequate, as explained in Section 2, still plays an important cultural and political role. In Section 3, we argue that the difference between factual statements and opinions does not involve a single criterion. Instead, the conceptual structure of the terms ‘fact’ and ‘opinion’ is analogous to that of natural kinds—terms (...) with multiple dimensions. We expect that improved theory will lead to improvements in pedagogy, decision-making, and public discourse. But these consequences are not our chief focus. (shrink)

In my paper I investigate a particular class of objects, i.e. the so called “cultural” objects. I argue that all cultural objects are social objects, but not all social objects are cultural. Social objects are observer relative as cultural objects too, but cultural objects show an intrinsic dependence to social groups and their cultures which does not obtain in the case of social objects. The investigation is concerned with concrete cultural objects mainly and its (...) conclusion is that a concrete social object can be characterized as “cultural” if the intentional actions, which produced the object at issue, imply the presence of a cultural meaning. The notion of meaning is conceived phenomenologically as a species that is instantiated in intentional contents. A cultural meaning is a meaning which is instantiated in the intentional contents of a single social group. (shrink)

This article has been written in response to the texts by Richard Robson (“In What Sense is Multiculturalism a Form of Communitarianism”), and Slobodan Divjak (“Communitarianism, Multiculturalism and Liberalism”) with which the Balkan Journal of Philosophy (vol. 10, no 2, 2018) started a discussion on the theme Liberal Democracy and Cultural Diversity. I try to contest the position of these two authors–that multiculturalism and communitarianism belong to one and the same paradigm in political philosophy–by pointing out essential liberal normative (...) elements in multiculturalist theory. My main thesis is that in order to clarify the relation between multiculturalism and communitarianism, we have to differentiate between descriptive and normative communitarianism. The latter is guided, in my opinion, by values, which stand in stark contrast with the liberal ones, whilst this is not the case with multiculturalism. (shrink)

We present an inference to the best explanation of the immense cultural success of Freudian psychoanalysis as a hermeneutic method. We argue that an account of psychoanalytic facts as products of unintended declarative speech acts explains this phenomenon. Our argument connects diverse, seemingly independent characteristics of psychoanalysis that have been independently confirmed, and applies key features of John Searle’s and Eerik Lagerspetz’s theory of institutional facts to the psychoanalytic edifice. We conclude with a brief defence of the (...) institutional approach against more contentious social constructivist approaches to science and psychoanalysis. (shrink)

This book explores the relationship between scientific fact and metaphysical reality, offering a fresh perspective on the intersection of these two seemingly disparate fields. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual (...) or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

It is often thought that if an adaptationist explanation of some behavioural phenomenon is true, then this fact shows that a culturist explanation of the very same phenomenon is false, or else the adaptationist explanation preempts or crowds out the culturist explanation in some way. This chapter shows why this so-called competition thesis is misguided. Two evolutionary models are identified — the Information Learning Model and the Strategic Learning Model — which show that adaptationist reasoning can help explain why (...) class='Hi'>cultural learning evolved. These models suggest that there will typically be a division of labor between adaptationist and culturist explanations. It is then shown that the Strategic Learning Model, which has been widely neglected by adaptationist thinkers, has important and underappreciated implications for a question that has long been contentious in the behavioural sciences — the question of the malleability of human nature. (shrink)

Archaeological facts have a perplexing character; they are often seen as less likely to “lie,” capable of bearing tangible, material witness to actual conditions of life, actions and events, but at the same time they are notoriously fragmentary and enigmatic, and disturbingly vulnerable to dispersal and attrition. As Trouillot (1995) argues for historical inquiry, the identification, selection, interpretation and narration of archaeological facts is a radically constructive process. Rather than conclude on this basis that archaeological facts and (...) fictions are indistinguishable, I identify a number of strategies that archaeologists rely on to make discerning use of “legacy” data – archaeological data recovered and curated over for decades, even centuries, often for very different purposes than those that animate contemporary archaeological inquiry. These include source criticism, secondary retrieval, repositioning and recontextualizing these data in ways that can, sometimes radically shift the “facts” associated with them. The construction of critical genealogies of these facts – the travels and transformations of the material, interpretive and narrative facts of archaeology – is a crucial condition for the successful exploitation of these epistemic possibilities. (shrink)

Under the influence of Hilary Putnam’s collapse of the fact/value dichotomy, a resurging approach that challenges the movements of American pragmatism and discourse ethics, I tease out in the first section of my paper the demand for the warranted assertibility hypothesis in Putnam’s sense that may be possible, relying on moral realism to get rid of ‘rampant Platonism’. Tracing back to ‘communicative action’ or the Habermasian way that puts forward the reciprocal understanding of discourse instigates the idea of life-world as (...) composed of ‘culturally transmitted and linguistically organized stock of interpretative patterns’, this section looks for whether Habermas’ psychoanalysis of prolonged discussion can accord with Putnam’s thick ethical terms or not. The last section of the paper pitfalls Putnam’s stance to accepting Habermas’ ‘discourse ethics’ that centers around the context of entangling ‘rational thoughts’ to ‘communication’, but he introduces the idea of fallibilism in a rational query that also attacks the Habermasian metaphysical idea of the validity of ethical statements that goes towards the truth. My next attempt is to see whether Putnam’s objective dictum towards morality that resonates the collapse of fact/value dichotomy from a universalistic stand can successfully evade Rorty’s naive realism and Habermas’ ‘sociologism about values’ respectively. This sort of claim insists on a universalizable pattern of culture-relative value. I consider that the idea of a fact/value dichotomy engages with the inextricable entanglement between the normative and descriptive content, besides the epistemic values having exclusively intertwined with the structure of factual discourse that intends towards collapsing the fact/value dichotomy, a subjective universalizability predilection. (shrink)

Abstract Under the influence of Hilary Putnam’s collapse of the fact/value dichotomy, a resurging approach that challenges the movements of American pragmatism and discourse ethics, I tease out in the first section of my paper the demand for the warranted assertibility hypothesis in Putnam’s sense that may be possible, relying on moral realism to get rid of ‘rampant Platonism’. Tracing back to ‘communicative action’ or the Habermasian way that puts forward the reciprocal understanding of discourse instigates the idea of life-world (...) as composed of ‘culturally transmitted and linguistically organized stock of interpretative patterns’, this section looks for whether Habermas’ psychoanalysis of prolonged discussion can accord with Putnam’s thick ethical terms or not. The last section of the paper pitfalls Putnam’s stance to accepting Habermas’ ‘discourse ethics’ that centers around the context of entangling ‘rational thoughts’ to ‘communication’, but he introduces the idea of fallibilism in a rational query that also attacks the Habermasian metaphysical idea of the validity of ethical statements that goes towards the truth. My next attempt is to see whether Putnam’s objective dictum towards morality that resonates the collapse of fact/value dichotomy from a universalistic stand can successfully evade Rorty’s naive realism (structured by linguistic representation) and Habermas’ ‘sociologism about values’ (a kind of minimalist ethics depending on solidarity) respectively. This sort of claim insists on a universalizable pattern of culture-relative value. I consider that the idea of a fact/value dichotomy engages with the inextricable entanglement between the normative and descriptive content, besides the epistemic values having exclusively intertwined with the structure of factual discourse that intends towards collapsing the fact/value dichotomy, a subjective universalizability predilection. (shrink)

What could ground normative restrictions concerning cultural appropriation which are not grounded by independent considerations such as property rights or harm? We propose that such restrictions can be grounded by considerations of intimacy. Consider the familiar phenomenon of interpersonal intimacy. Certain aspects of personal life and interpersonal relationships are afforded various protections in virtue of being intimate. We argue that an analogous phenomenon exists at the level of large groups. In many cases, members of a group engage in shared (...) practices that contribute to a sense of common identity, such as wearing certain hair or clothing styles or performing a certain style of music. Participation in such practices can generate relations of group intimacy, which can ground certain prerogatives in much the same way that interpersonal intimacy can. One such prerogative is making what we call an appropriation claim. An appropriation claim is a request from a group member that non-members refrain from appropriating a given element of the group’s culture. Ignoring appropriation claims can constitute a breach of intimacy. But, we argue, just as for the prerogatives of interpersonal intimacy, in many cases there is no prior fact of the matter about whether the appropriation of a given cultural practice constitutes a breach of intimacy. It depends on what the group decides together. (shrink)

Every year, the Vietnamese people reportedly burned about 50,000 tons of joss papers, which took the form of not only bank notes, but iPhones, cars, clothes, even housekeepers, in hope of pleasing the dead. The practice was mistakenly attributed to traditional Buddhist teachings but originated in fact from China, which most Vietnamese were not aware of. In other aspects of life, there were many similar examples of Vietnamese so ready and comfortable with adding new norms, values, and beliefs, even contradictory (...) ones, to their culture. This phenomenon, dubbed “cultural additivity”, prompted us to study the co-existence, interaction, and influences among core values and norms of the Three Teachings –Confucianism, Buddhism, and Taoism–as shown through Vietnamese folktales. By applying Bayesian logistic regression, we evaluated the possibility of whether the key message of a story was dominated by a religion (dependent variables), as affected by the appearance of values and anti-values pertaining to the Three Teachings in the story (independent variables). Our main findings included the existence of the cultural additivity of Confucian and Taoist values. More specifically, empirical results showed that the interaction or addition of the values of Taoism and Confucianism in folktales together helped predict whether the key message of a story was about Confucianism, β{VT ⋅ VC} = 0.86. Meanwhile, there was no such statistical tendency for Buddhism. The results lead to a number of important implications. First, this showed the dominance of Confucianism because the fact that Confucian and Taoist values appeared together in a story led to the story’s key message dominated by Confucianism. Thus, it presented the evidence of Confucian dominance and against liberal interpretations of the concept of the Common Roots of Three Religions (“tam giáo đồng nguyên”) as religious unification or unicity. Second, the concept of “cultural additivity” could help explain many interesting socio-cultural phenomena, namely the absence of religious intolerance and extremism in the Vietnamese society, outrageous cases of sophistry in education, the low productivity in creative endeavors like science and technology, the misleading branding strategy in business. We are aware that our results are only preliminary and more studies, both theoretical and empirical, must be carried out to give a full account of the explanatory reach of “cultural additivity”. (shrink)

Outside of the Vulcans, Klingons are the most enduringly famous humanoid race in the Star Trek universe, a fearless and fearsome interstellar military power in the Beta Quadrant. The Klingons are singularly intriguing as a veritable pastiche, a motley conglomeration, of various human cultures. Klingon culture is so well developed, in fact, that they are the only Star Trek race to have had their language published in a dictionary for fans who wish to nurture their inner warrior spirit. This chapter (...) explores some of the human cultural representations that find in the favorite bumpy‐headed, bat'leth‐swinging, raktajino‐drinking aliens that can help to reflect on how human society has evolved and where one may be headed in the future. The Klingon religion is an interesting combination of mythical and spiritual elements, along with a grounded humanism that characterizes Gene Roddenberry's fundamental vision of the future by eschewing the contemporary existence of deities. (shrink)

The fact that there are different cultures in the world is too obvious for words. COnsidering thus cultural differences in the light of the phenomenological concept of life-world may raise the following questions: Do we live in the same life-world regardless of such cultural differences? Or do we live in different life-worlds because of cultural differences? The first question presupposes a singular life-world, whereas the second question entails a plurality of life-worlds. IN any case, how is the (...) notion of cultural difference related to that of the life-world? Edmund Husserl (1859-1938), the founder of phenomenology seems to conceive the life-world as the bare ground of the natural sciences. THe life-world therefore acquires a universal validity regardless of cultural differences. IN contrast, for Alfred Schutz (1899-1959), who is more concerned with the foundation of human and social sciences than that of natural sciences, the life-world understood as field of praxis with social and cultural characteristics unavoidably assumes cultural differences. Besides critically discussing these two radically diverging positions, the book also discusses what Bernhard Waldenfels sees as a common denominator: the idea of grounding (Grundlegungsidee). BOth Husserl and Schutz develop in their own ways a foundationalist interpretation of the life-world. IN whatever case, the book seeks to overcome any foundationalism whether in the form of universalism or culturalism by suggesting to refocus and inquire into the status of cultural objects. UNiversals are ill-suited for cultural matters. COrrelatively, considering cultural objects from alien cultures requires acknowledging difference with a sense of humility that does not preclude the possibility of understanding. (shrink)

If culture is defined as variation acquired and maintained by social learning, then culture is common in nature. However, cumulative cultural evolution resulting in behaviors that no individual could invent on their own is limited to humans, song birds, and perhaps chimpanzees. Circumstantial evidence suggests that cumulative cultural evolution requires the capacity for observational learning. Here, we analyze two models the evolution of psychological capacities that allow cumulative cultural evolution. Both models suggest that the conditions which allow (...) the evolution of such capacities when rare are much more stringent than the conditions which allow the maintenance of the capacities when common. This result follows from the fact that the assumed benefit of the capacities, cumulative cultural adaptation, cannot occur when the capacities are rare. These results suggest why such capacities may be rare in nature. (shrink)

The answer to philosophical questions will often depend on the position one takes regarding the fact-value problem. It is, therefore, not surprising that, in the tradition of western philosophy, the past 200 years or so record an animated discussion of it. In the present collection the debate is continued by representatives of various "schools" in contemporary western thought. A number of philosophers from non-western cultures, too, enter into it. The contributions do not all reflect on the same theme, nor do (...) they use the same approach. Essays written by philosophers sympathetic to the analytical tradition are followed by reflections on the part of those inspired by phe nomenology. A third group of contributions is by non-western thinkers, who are more likely to approach the problem in terms of culture. Their engage ment with the issue clearly shows, among other things, that it is almost exclusively in the western tradition that the fact-value distinction is often understood as an outright dichotomy. The occasion for the publication of this collection is Dr. Cornelis Anthonie van Peursen's retirement as Professor of Philosophy. This year he leaves the Free University, Amsterdam; until 1982 he was professor at the University of Leyden as well. In the Netherlands and beyond he has become known for his concern with constructive comparison of diverging philosophical trends and the cross-cultural fertilization of thought. Characteristic of his career are his efforts to render the results of academic philosophizing understand able to a broader audience. (shrink)

If culture is defined as variation acquired and maintained by social learning, then culture is common in nature. However, cumulative cultural evolution resulting in behaviors that no individual could invent on their own is limited to humans, song birds, and perhaps chimpanzees. Circumstantial evidence suggests that cumulative cultural evolution requires the capacity for observational learning. Here, we analyze two models the evolution of psychological capacities that allow cumulative cultural evolution. Both models suggest that the conditions which allow (...) the evolution of such capacities when rare are much more stringent than the conditions which allow the maintenance of the capacities when common. This result follows from the fact that the assumed benefit of the capacities, cumulative cultural adaptation, cannot occur when the capacities are rare. These results suggest why such capacities may be rare in nature. (shrink)

In this book, one of the world's preeminent philosophers takes issue with an idea that has found an all-too-prominent place in popular culture and philosophical ...

Cultural evolution studies are characterized by the notion that culture evolves accordingly to broadly Darwinian principles. Yet how far the analogy between cultural and genetic evolution should be pushed is open to debate. Here, we examine a recent disagreement that concerns the extent to which cultural transmission should be considered a preservative mechanism allowing selection among different variants, or a transformative process in which individuals recreate variants each time they are transmitted. The latter is associated with the (...) notion of “cultural attraction”. This issue has generated much misunderstanding and confusion. We first clarify the respective positions, noting that there is in fact no substantive incompatibility between cultural attraction and standard cultural evolution approaches, beyond a difference in focus. Whether cultural transmission should be considered a preservative or reconstructive process is ultimately an empirical question, and we examine how both preservative and reconstructive cultural transmission has been studied in recent experimental research in cultural evolution. Finally, we discuss how the relative importance of preservative and reconstructive processes may depend on the granularity of analysis and the domain being studied. (shrink)

The Department of Speculative Facts connects two seemingly contradictory approaches: Speculation which attempts to think and act beyond existing knowledge and structures, and fact-checkers in search for a solid consensus on which our reality can be built. When stretching knowledge and speculating with fiction, what sense of responsibility is needed in times of democratized opinions and fake news? Learning from the other SF--Science Fiction--we think of speculation through facts, and facts through speculation, to situate truth culturally. The (...) backbone of this book is an e-mail exchange between two fact-checkers from the New York Times Magazine, which we handed over to artists to re-write, re-perform, and re-design. The publication includes the original letters, workshop scripts, as well as additional texts by philosophers, journalists, writers, and artists looking at new social contracts, with which we can anchor ourselves in the present. (shrink)

Can our cultural membership excuse us from responsibility for certain actions? Ought the Aztec priest be held responsible for murder, for instance, or does the fact that his ritual sacrifice is mandated by his culture excuse him from blame? Our intuitions here are mixed; the more distant, historically and geographically, we are from those whose actions are in question, the more likely we are to forgive them their acts, yet it is difficult to pinpoint why this distance should excuse. (...) Up close, historically or geographically, we tend to be less forgiving: few of us excuse the Taliban for what they did to women and homosexuals; and if there is less of an outcry concerning treatment not all that dissimilar in Saudi Arabia and elsewhere, this is probably only because these actions are less well publicized. (shrink)

Cultural trauma occurs when members of a collectivity feel they have been subjected to a horrendous event that leaves indelible marks upon their group consciousness, marking their memories forever and changing their future identity in fundamental and irrevocable ways. While this new scientific concept clarifies causal relationships between previously unrelated events, structures, perceptions, and actions, it also illuminates a neglected domain of social responsibility and political action. By constructing cultural traumas, social groups, national societies, and sometimes even entire (...) civilizations, not only cognitively identify the existence and source of human suffering, but may also take on board some significant moral responsibility for it. Insofar as they identify the cause of trauma in a manner that assumes such moral responsibility, members of collectivities define their solidary relationships that allow them to share the suffering of others. Is the suffering of others also our own? In thinking that it might in fact be, societies expand the circle of the ‘we’ and create the possibility for repairing societies to prevent the trauma from happening again. By the same token, social groups can, and often do, refuse to recognize the existence of others’ suffering, or place the responsibility for it on people other than themselves. Empirically, this article extensively considers trauma construction in the case of the Holocaust – the mass murder of Jews by the German Nazis – but also examines trauma processes in relation to African-Americans, indigenous peoples, colonial victims of Western and Japanese imperialism, the Nanjing Massacre, and victims of the early communist regimes in Soviet Russia and Maoist China. (shrink)

Everybody knows that humans are cultural animals. Although this fact is universally acknowledged, many opportunities to exploit it are overlooked. In this article, I propose shifting our attention from local examples of extended mind to the cultural-cognitive ecosystems within which human cognition is embedded. I conclude by offering a set of conjectures about the features of cultural-cognitive ecosystems.

In an age in which the lack of independent public intellectuals has often been sorely lamented, the historian Tony Judt played a rare and valuable role, bringing together history and current events, Europe and America, what was and what is with what should be. In When the Facts Change, Tony Judt's widow and fellow historian Jennifer Homans has assembled an essential collection of the most important and influential pieces written in the last fifteen years of Judt's life, the years (...) in which he found his voice in the public sphere. Included are seminal essays on the full range of Judt's concerns, including Europe as an idea and in reality, before 1989 and thereafter; Israel, the Holocaust and the Jews; American hyperpower and the world after 9/11; and issues of social inclusion and social justice in an age of increasing inequality. Judt was at once most at home and in a state of what he called internal exile from his native England, from Europe, and from America, and he finally settled in New York--between them all. He was a historian of the twentieth century acutely aware of the dangers of ethnic exceptionalism, and if he was shaped by anything, it was the Jewish past and his own secularism. His essays on Israel ignited a firestorm debate for their forthright criticisms of Israeli government polices relating to the Palestinians and the occupied territories. Those crucial pieces are published here in book form for the first time, including an essay, never previously published, called 'What Is to Be Done?' These pieces are suffused with a deep compassion for the Israeli dilemma, a compassion that instilled in Judt a sense of responsibility to speak out and try to find a better path, away from what he saw as a road to ruin. When the Facts Change also contains Judt's homages to the culture heroes who were some of his greatest inspirations: Amos Elon, Francois Furet, Leszek Kolakowski, and perhaps above all Albert Camus, who never accepted the complacent view that the problem of evil couldn't lie within us as well as outside us. Included here too is a magnificent two-part essay on the social and political importance of railway travel to our modern conception of a good society; as well as the urgent text of 'What Is Living and What Is Dead in Social Democracy,' the final public speech of his life, delivered from a wheelchair after he had been stricken with a terrible illness; and a tender and wise dialogue with his then-teenage son, Daniel, about the different outlooks and burdens of their two generations. To read When the Facts Change is to miss Tony Judt's voice terribly, but to cherish it for what it was, and still is: a wise, human, deeply informed view on our most pressing concerns, delivered in good faith. (shrink)

Our goal is to analyze the distinction between factual statements and opinions from a philosophical—specifically an epistemological—perspective. Section 1 reviews the most common criteria for drawing the distinction, which while inadequate, as explained in Section 2, still plays an important cultural and political role. In Section 3, we argue that the difference between factual statements and opinions does not involve a single criterion. Instead, the conceptual structure of the terms ‘fact’ and ‘opinion’ is analogous to that of natural kinds—terms (...) with multiple dimensions. We expect that improved theory will lead to improvements in pedagogy, decision-making, and public discourse. But these consequences are not our chief focus. (shrink)

In view of the fact that culture-inclusive psychology has been eluded or relatively ignored by mainstream psychology, the movement of indigenous psychology is destined to develop a new model of man that incorporates both causal psychology and intentional psychology as suggested by Vygotsky . Following the principle of cultural psychology: “one mind, many mentalities” , the Mandala Model of Self and Face and Favor Model were constructed to represent the universal mechanisms of self and social interaction that can be (...) applied to any culture; both models can be used as conceptual frameworks for analyzing mentalities of people in any given culture. Taking research works from Foundations of Chinese Psychology: Confucian Social Relation as exemplars , this article illustrates how to construct culture-inclusive theories of Confucianism by multiple philosophical paradigms. The mechanism of culture-inclusive theory can be applied to explain qualitative research findings on lifeworld events of people in a particular society. It can also be utilized to predict results of quantitative research conducted to verify theoretical propositions in the scientific microworld by empirical methods. (shrink)

Statistics are key elements of contemporary life. They figure prominently in the media, in political discourse, and in daily conversations. They also weigh heavily within the economic and political spheres of modern societies. Yet, the study of statistics in the public sphere has been neglected by social scientists in favor of a focus on their production and history. This article remedies this lacuna by focusing on the public life of statistics. Through a case study of a financial indicator—country risk—that exhibited (...) a rich public life in Argentina in 2001, it argues that statistics are not simply transparent fragments of information, but rich symbols and collective representations able to condense multiple meanings and generate deep emotional reactions. Using in-depth interviews, newspaper covers, headlines, and leads, cartoons and archival materials, this article shows that country risk became a powerful collective representation and introduces a new concept, the fact-totem, to make visible the cultural life of statistics. A fact-totem is a statistic with high media presence that captures the imagination of diverse publics and becomes articulated with basic identity narratives of a collectivity. This article begins to elaborate dramatic dimensions of statistics in public. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

Cultural pluralism is both a fact and a norm. It is a fact that our world, and indeed our society, are marked by a large diversity of cultures delineated in terms of race, class, gender, ethnicity, religion, ideology, and other partly interpenetrating variables. This fact raises the normative question of whether, or to what extent, such diversities should be recognized or even encouraged in policies concerning government, law, education, employment, the family, immigration, and other important areas of social concern.

In recent years, many researchers engaged in diverse areas and approaches of “cultural-historical activity theory” (CHAT) realized an increasing international interest in Lev S. Vygotsky’s, A. N. Leont’ev’s, and A. Luria’s work and its continuations. Not so long ago, Yrjö Engeström noted that the activity approach was still “the best-held secret of academia” (p. 64) and highlighted the “impressive dimension of theorizing behind” it. Certainly, this remark reflects a time when CHAT was off the beaten tracks. But if this (...) situation begins to change today, in which direction will CHAT be heading? Will it continue to be one of those projects “unique for its practical, political, and civic engagement” committed “to ideals of social justice, equality, and social change” as it was in the beginning (Stetsenko & Arievitch, 2004, p. 58)? Although a positive future of CHAT seems to lie ahead, we consider in this article some of the problematics that may challenge all those who want to pass the “impressive dimensions of theorizing” from “insider” circles to a larger audience and from one generation to another as well as encourage newcomers to become part of this tradition through critical engagement in its theory and practice. A key to these engagements, we suggest, is not only the comprehensive empirical and philosophical basis, but also the role of dialectics as both topic and method. Therefore, the challenge for newcomers (as well as for “old-timers”) to take on the tradition of CHAT is not a small one indeed. We assume that a major reason for the increasing interest in CHAT lies in its potential to provide a non-reductionist approach to human development, which is due to its affinity to dialectics; however, the close interrelation to a tradition that reaches back to the theories of Georg W.F. Hegel and Karl Marx, among others, is not the easiest to master. In consideration of these difficulties, the purpose of this article is to investigate how contemporary approaches within CHAT can continue to provide a dialectical framework to preserve and renew the critical intention of this tradition, and how we run the risk of losing this sting. Thereby, we sensitize researchers to the problem of developing a cultural-historical approach within a historical situation that confronts us with new, unanswered questions. In this light, we also problematize the use of scientific language, for it may lead us to speak and argue un-dialectically when in fact we intend or ought to think dialectically. This article seeks to convey insights and arguments of how we can relate our theoretical approaches to a tradition of dialectical thinking and in what ways this is paramount for a critical engagement in theory and practice. In the first part, we therefore discuss not only some major theorems in Hegel’s and Marx’s work but also, and above all, Vygotsky’s way of developing the cultural-historical approach of psychology. Second, we argue that the contemporary, widely known version of CHAT, related to Yrjö Engeström’s theoretical and empirical work, neglects different aspects of dialectical thinking and consequently narrows its potential to a socio-critical approach to societal practice and human development. A crucial question of this scrutiny will be the notion of contradictions and how development is supposed to be achieved. In general, our intention is not only to clarify the role of dialectics as a method for activity theory but also to problematize the role of the subjects of research in CHAT and to confront ourselves with the problems of practicing and developing a critical science in face of a complex and challenging societal world. (shrink)

Theories of reference have been central to analytic philosophy, and two views, the descriptivist view of reference and the causal-historical view of reference, have dominated the field. In this research tradition, theories of reference are assessed by consulting one’s intuitions about the reference of terms in hypothetical situations. However, recent work in cultural psychology (e.g., Nisbett et al. 2001) has shown systematic cognitive differences between East Asians and Westerners, and some work indicates that this extends to intuitions about philosophical (...) cases (Weinberg et al. 2001). In light of these findings on cultural differences, two experiments were conducted which explored intuitions about reference in Westerners and East Asians. Both experiments indicate that, for certain central cases, Westerners are more likely than East Asians to report intuitions that are consistent with the causal-historical view. These results constitute prima facie evidence that semantic intuitions vary from culture to culture, and the paper argues that this fact raises questions about the nature of the philosophical enterprise of developing a theory of reference. (shrink)

Traditionally, civil law jurisdictions in Scandinavia and the continent of Europe have not been willing to acknowledge the appropriateness of extending bankruptcy relief to consumer debtors and discharging any part of their debts. The opposition was based on the importance of upholding the sanctity of contractual obligations: pacta sunt servanda. This attitude stood in contrast to the fresh start philosophy of US bankruptcy law, which embraced a more forgiving attitude, focusing on the reintegration of the insolvent debtor into society, substantially (...) free of debt, after he has filed for bankruptcy and surrendered his non-exempt property for distribution among his creditors. The relaxation of credit controls and the rapid increase in the number of insolvent debtors in the late 1980s and early 1990s has forced many continental jurisdictions to reconsider their traditional opposition. They have since adopted debt adjustment plans providing various forms of debt relief to overcommitted debtors but only a substantial number of years after the initial proceedings. The American reaction has gone in the opposite direction. With the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the United States has reversed its century old liberal fresh start tradition. The 2005 Act imposes a formidable means test as well as other preconditions to determine whether a debtor has sufficient discretionary income to pay off twenty percent of his or her unsecured debts under a Chapter 13 plan. If the answer is yes, the debtor is denied the right to file a bankruptcy petition under Chapter 7 of the Bankruptcy Code. This paper asks whether these developments on opposite sides of the Atlantic suggest that facts on the ground are more important than dogma and deeply entrenched beliefs. The author’s answer is that while there is certainly a trend towards convergence between continental European and US approaches to consumer insolvency, it is much too soon to speak of a common culture and a common approach. He notes, however, that Commonwealth jurisdictions have long adopted a means test to determine a debtor’s eligibility for discharge from debt and suggests that continental scholars would have done better to study the Commonwealth experience as embodying a suitable compromise than to flirt with the US fresh start philosophy, only to reject it as too alien to the continental moral sense. (shrink)

The article explores the relationship between visual culture and the fight for visibility and attention in contemporary society. It draws on a concept of visual culture which not only sees the rising significance of the visual and the proliferation of images as its defining traits, but also the fact that, today, people are—to a much higher degree—both consumers as well as producers of images. Based on this definition, it is argued that in visually oriented communication and media societies, the anthropologically (...) fundamental need for attention manifests itself as a fight for visibility which takes on the form of ever more extreme forms of public self-display. Furthermore, a portrait of two social figures—the star and the voyeur—will serve as further analysis and description of the social trends which can be tied to the emergence of today's visual culture. The article will close by discussing attention and visibility in terms of inclusion and exclusion and by proposing an analytical model for differentiating four modes of existence in a visual culture. (shrink)

Truth and knowledge are conceptually related and there is a way of construing both that implies that they cannot be solely derived from a description that restricts itself to a set of scientific facts. In the first section of this essay, I analyse truth as a relation between a praxis, ways of knowing, and the world. In the second section, I invoke the third thing—the objective reality on which we triangulate as knowing subjects for the purpose of complex scientific (...) endeavours like medical science and clinical care. Such praxes develop robust methods of “keeping in touch” with disease and illness. An analysis drawing on philosophical semantics motivates the needed account of meaning and truth and underpins the following argument: the formulation and dissemination of knowledge rests on language; language is selective in what it represents in any given situation; the praxes of a given culture are based on this selectivity; but human health and illness involve whole human beings in a human life-world; therefore, medical knowledge should reflectively transcend, where required, biomedical science towards a more inclusive view. Parts three and four argue that a post-structuralist account of the human subject can avoid both scientism and idealism or unconstrained relativism. (shrink)