The doctrine of the margin of appreciation that the European Court of Human Rights has developed in its case law has given rise to considerable criticism. In this article I draw a distinction between two different ways in which the Court has used the doctrine. The first one is in cases where the Court has to decide whether a particular interference with a Convention freedom is justified. In answering that question, the Court often uses the label ‘margin (...) of appreciation’ without drawing on a substantive theory of rights that can justify the conclusion reached. The second use appears in cases where the Court refrains explicitly from employing a substantive test of human rights review on the basis that there is no consensus among Contracting States on the legal issue before it. My aim is to highlight the principles that can be used to justify each use of the doctrine, by locating human rights within broader issues in moral and political philosophy. Particular emphasis is placed on the distinction between reason-blocking and interest-based theories of rights as well as on the nature of the duties of the European Court, as a matter of international human rights law. (shrink)

Courts are often criticised as undemocratic. The backlash against international courts in the last decade is also partly driven by this concern. Human rights courts’ legitimacy is particularly challenged because they aim to protect human rights against the very states that need to comply with and implement the courts’ judgements. Therefore, several international courts have developed mechanisms of deference to states. One especially interesting tool is the European Court of Human Rights’ margin of appreciation doctrine. This paper proposes (...) that the margin of appreciation can ensure the conditions of personal autonomy by protecting human rights while respecting the democratic decisions of states. Yet, states’ decisions should only be respected insofar as they realise political autonomy. Understanding the margin in this way allows us to critically evaluate arguments made under this label. The paper reviews developments in the ECtHR practice with regard to (a) different cases that use the margin of appreciation doctrine, (b) appeals to a European consensus, and (c) the procedural turn in its review and assesses whether and how they can be justified in the light of considerations about personal and political autonomy. (shrink)

In the wake of discourses in Trinitarian Theology, one can see that the debates still centre around male theologians, past and present. This study explores a theological voice from the margins of power through the thought of the thirteenth-century Beguine mystic Hadewijch of Brabant. I contend that Hadewijch can be seen on par with those great male theologians. Through her reading of William of St. Thierry and her fluency in Latin, she attained great knowledge of scripture and of the doctors (...) of the church, and, as such, she can be seen as one of the creative theologians of her time. I will focus on her view of the Trinity and how such a view was deemed dangerous by those at the centre of power. Finally, I will show aspects of her Trinitarian view which can be appreciated by theologians of today. (shrink)

This book addresses the relative absence of the voices and ideas of African women in philosophy. Most of the authors (who are mostly African men) bemoan the fact that many voices are missing. Each contributes what they can to highlight the importance of the gap or to address the gap. The co-editors suggest that from its start, African philosophy intended to be egalitarian, emancipatory, and revolutionary, and so the current marginalization of African women should be a prominent concern. The review (...) addresses the chapter's themes in three broad categories. In the first category are five of the women contributors and two of the men, who all write with a focus on the overlooked contributions of African women. Their goal is to encourage appreciation for the contributions already made by women scholars, or to emphasize women's prominent role in society. A second category includes all men, and in these five articles the issue of women's marginalization in African philosophy departments is the central topic. The men bemoan the lack of participation of more women in the field and they speculate as to the cause of their absence. A third, smaller category includes two articles that address current specific situations of women's suffering in Africa, that is, widowhood and rape victims. The book holds out hope that if changes take place, women will feel more comfortable and appreciated in the profession of philosophy. (shrink)

In June 2022, the Supreme Court of the United States overturned Roe v. Wade. The European Court of Human Rights is also expected to decide on several abortion cases. In this paper, the interpretative approaches of both courts are compared. Whereas the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization decided on an originalist approach to the Constitution, the highest European court has always regarded the European Convention on Human Rights as a living instrument. As a result, domestic (...) laws regulating the interruption of pregnancy are seen by the Strasbourg court as interferences with a fundamental right, the right to respect for private life. Although member states of the Council of Europe enjoy a wide margin of appreciation with regard to the circumstances in which abortion will be permitted, its highest court put forward the state’s positive obligation to secure pregnant women’s right to effective respect for their physical and psychological integrity in several landmark judgments. In this way, it ensures the existence of effective mechanisms in countries with a poor record of implementing the right to a lawful abortion. Albeit at a minimum, the Strasbourg court offers protection, whereas the U.S. Supreme Court no longer does. (shrink)

This contribution considers the case law of European Court of Human Rights (ECtHR) and focuses on the extent to which the Contracting Parties to the European Convention on Human Rights (ECHR) can regulate the tobacco, alcohol, and food industries in a manner compatible with their ECHR obligations. After briefly presenting the two key cases dealing specifically with tobacco advertising, this contribution considers the main factors that the ECtHR takes into account when balancing competing concerns, and in particular freedom of commercial (...) expression and public health protection. It concludes that none of these factors is absolute, as the Court considers the strength of each one of them on the facts of each case. Nevertheless, it is clear from its case law that States have a wide margin of appreciation to regulate marketing practices that are inimical to public health and the prevention of non-communicable diseases more specifically, to the extent that even extensive advertising restrictions can be compatible with Article 10 of the ECHR. (shrink)

When in 1958 André Bazin published the first volume of What is Cinema?, he was already recognized as French film's pre-eminent thinker. His position at Cahiers du cinéma and his influence on the young directors who were to launch the New Wave guaranteed his centrality and his influence. What is nevertheless surprising about this unparalleled success is how fundamentally conservative his writing was. His belief that ‘true realism’ constituted the ontology and the essence of cinema was remarkably out of step (...) with the major philosophical movements of his time. Paradoxically, it was not Bazin but Jean Epstein who best explained and defined the modernity of cinema. A reading of Epstein's Le Cinéma du diable will allow us to appreciate just how paradoxical it was that it was Bazin and not Epstein who was ‘selected’ to present cinema to a France immersed in existential and post-existential thought. (shrink)

The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum standards with room for domestic differences, (...) or was it to create uniform standards? These questions have come up as increasingly contentious issues over the past years and have triggered a number of reforms seeking to introduce more subsidiarity in the system, striking a different balance between the European and national oversight of human rights. The article analyses this turn to subsidiarity by exploring whether the reform process has introduced new forms of difference and diversity within the common space of European human rights. Covering the period from 2000 to the end of 2019 and using a dataset of all judgments of the period, the article provides a structural analysis of developments in reference to the margin of appreciation which is the European Court of Human Rights’ long-standing tool for balancing the common standards, yet leaving space for individual member states to find local solutions to implementing those standards. It concludes that recent developments have contributed to a more federal-style construction of European human rights with more space for differences within the common general standards. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:An Appreciation of Arvind Mandair's Sikh Philosophy:Exploring Gurmat Concepts in a Decolonizing WorldJeffery D. Long (bio)"Sikhism," the Colonial Project, and Modernity1I do not use this adjective lightly, but in his brilliant volume Sikh Philosophy: Exploring Gurmat Concepts in a Decolonizing World (Bloomsbury, 2022) Arvind-Pal Singh Mandair goes a considerable distance toward liberating sikhī—known more widely in the academic world as Sikhism—from the conceptual constraints that have kept it (...) from engaging with and informing global issues. In so doing, he does a service not only to the Sikh community and to sikhī itself, but to the world, for there is indeed much in Sikh thought from which the wider human community can benefit. By liberating sikhī from the constraining concept of religion, Mandair facilitates a process by which persons of any background can engage with gurmat ideas—that is, ideas drawn from the system of thought based upon the teachings of the Gurus of the Sikh tradition—and learn from their wisdom.Mandair skillfully deconstructs the concept of religion, building upon earlier work in which he demonstrates the colonial functionalities of this concept.2 When, through colonial knowledge-production processes, sikhī came to be conceived as a religion, Sikh thought was relegated to the realm of theology. This was a relegation, not an elevation, because under the dominant paradigm of modernity, theology is seen as a discourse that is relevant only to a specific religious community. It is thus perceived as lacking the universality [End Page 353] that is taken to inhere in the discourses of philosophy or science. When combined with the colonial situation of Sikhs under British rule, this relegation of Sikh thought to the realm of theology becomes a way of exerting power over the community. As Mandair explains,Once theology had become the primary regime of cultural translation, Sikh thinking was inevitably tethered to the social and political project of religious identification which was required primarily to facilitate governance of cultural differences or heterogeneity that characterized the indigenous populations [of India]. By doing so, it effectively locked Sikh activity within the confines of identity politics.(p. 10)Integral to British colonial policy in India was a project of defining communities, primarily on the basis of religion, but also deploying concepts such as caste and tribe. Through these definitions, the identities of Indians could be essentialized, and policies applied to them in ways that facilitated British dominance over Indian society.3Much has been written about the ways in which language is used to promote ideologies that serve to advance the power interests of some groups of people over others.4 No less an ideological mechanism than the Oxford English Dictionary has been brought to bear in the process of constraining sikhī and depriving it of the universal relevance that it ought naturally to possess. In Mandair's words, "By defining 'Sikhism' as the beliefs and practices of Sikhs, or as an Indian monotheistic religion founded in fifteenth-century India, the OED turns the Sikh aspect into a cliché—a religious type (monotheism), an ethnic type tied to a geographical location (Punjabi/North India) and a historical type (medieval India)" (p. 11).The damage that has been wrought by the modern colonial concept of religion globally is, of course, not limited exclusively to the Sikh community. It has been integral to the construction of a secular order in which what is regarded as religious thought is, again, relegated to a parochial realm of relevance only to members of specific communities. It further serves to marginalize these same communities, whose discourses come to be seen as lacking the universality of secular thought, which is presented as objective truth. As Mandair continues,The purpose of creating the modern category of 'religion' was to help authorize and naturalize secular rationality as the dominant form of modern consciousness, and as the essential language of conventional thinking, or 'common sense.' It is precisely this common sense which persuades us of the apparent naturalness of oppositions such as religion versus politics or materiality versus ideality, to give two well-known examples.(p. 11)To these two examples, one could add the opposition of religion and... (shrink)

Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} The constructionist approach of philosophy includes an epistemic dimension and a pragmatic emphasis on the interdependence between knowledge and action in the social areas. Appreciative approach to philosophy is based on the work of David Cooperrider on “Appreciative Inquiry”, which is a form of pragmatic discourse that substitutes (...) the focus on the problem with the focus on successful elements of previous experience of individuals, groups, organizations or communities. This experience can be integrated in the philosophical discourse starting from Plato's dialogues and maieutic method promoted by Socrates. Hermeneutic of the real seen as a philosophical reflection on the daily positive experiences falls into tradition of philosophical search of the ultimate meaning of reality. The appreciative speech starts from a postmodern view by a constructivist and constructionist approach, through which reality itself is a social construction generated by successive negotiations on accepted interpretations. Appreciative philosophy is centered on a semiotics grid that seeks positive qualities of existence and its strengths. Appreciative theology reveals a collaborative process between humanity and divine that catalyzes transformations in human being giving them life including eternal life. The communion human-Divinity is seen as a divine-human co-creation. (shrink)

Huckleberry Finn believes that by helping Miss Watson’s slave Jim escape to freedom, he is doing something wrong. But Huck does it anyway—and many want to give him moral credit for this choice. If Huck is to be worthy of such moral esteem, however, it seems there must be some implicit way of appreciating and responding to considerations as moral reasons that does not involve explicitly believing that those considerations are moral reasons. This chapter argues that an agent like Huck (...) can implicitly appreciate a consideration as a moral reason to φ by presenting it under the light of a particular phenomenologically-mediated mode of presentation: one that presents that consideration via the light of a felt directive force “pointing” towards φ-ing—lending weight to it, or soliciting it—in a particular authoritative way. Thus, I suggest, Huck may be understood on analogy with a young jazz piano virtuoso. As she may appreciate that the G-seventh chord having been played just so constitutes an aesthetic reason for her to ease into the C-major-seventh chord just so by virtue of experiencing the former as pointing or directing her to the latter, so also, I propose, Huck may appreciate the considerations speaking in favor of helping Jim as moral reasons to help Jim by virtue of experiencing them as pointing or directing him to help Jim. The chapter also examines and rejects four alternative proposals for how to account for implicit reasons-appreciation: first, a de re account of appreciation and then three additional accounts of appreciation derived from major theories of mental representation (inferentialist, causal tracking, and functionalist theories). (shrink)

The origins of marginalization in nursing and the health sector in Ghana can be traced to colonialism and how a colonial era laid a solid foundation for inequities and entrenched disparities, as well as the subsequent normalization of marginalizing acts, in the health sector, particularly for women. Drawing upon varied literature over a 60‐year period and perspectives from feminist theory, this paper considers the lasting impact of Ghanaian women's historical position during the colonial era and within the patriarchal system that (...) ensued. Through this process, it becomes possible to shed light on the crucial role that colonialism has played in women's experiences, perspectives, and health‐seeking behaviors, and the manner in which it has created a healthcare sector that marginalizes women's health. Although women possess valuable knowledge which should be an asset to consider when providing healthcare services, marginalization of that knowledge has become normalized across society and the healthcare system. There is an urgent need to disrupt and challenge this normalization, and to advocate empowerment and recognition of women's valuable knowledge and experiences, providing women a voice in health decision‐making discourses and in the research processes by which we understand and develop healthcare. Through this, healthcare in Ghana could become more empowering, inclusive, and responsive to the unique experiences and needs of Ghanaian women. By understanding something of the historical origins of women's health marginalization within colonialism, nurses can begin to appreciate women's knowledge and integrate it into healthcare strategies that are more gender‐sensitive and equitable. (shrink)

Christian theology conceives of ‘sacrificium intellectus’ to account for the message of Saint Paul that he will “take every thought captive to obey Christ”. Human insight gives way to the revealed truths of religion. In modern western cultures to explain the natural world has become the domain of science, and the imposition of collective rules of how we should live was shifted to democratically elected parliaments. In Germany legislation of bioethical issues is often justified with reasons that violate standards of (...) cognitive rationality. Is this another case of sacrificium intellectus? The Federal Constitutional Court refrains from the control of legislative arguments by conceding a broad margin of appreciation for the legislator. People have, however, a right to justification; they must not be subjected to arbitrary legal power. While the practice of democratic rule may seldom comply with the expectations of ‘government by discussion’, it is neither likely to gain acceptance as ‘government without discussion’. To impose legal force on the basis of false arguments and unsound reasoning is not a legitimate sacrificium intellectus, it is an intellectual scandal. (shrink)

The topic of my thesis is individual and collective responsibility for collectively caused systemic harms, with climate change as the case study. Can an individual be responsible for these harms, and if so, how? Furthermore, what does it mean to say that a collective is responsible? A related question, and the second main theme, is how ignorance and knowledge affect our responsibility. -/- My aim is to show that despite the various complexities involved, an individual can have responsibility to address (...) climate change. I argue that climate change is not a problem just for states and international bodies, but also for individuals. There are three possible sources of moral responsibility for individuals in relation to climate change harms: direct responsibility (individuals qua individuals), shared responsibility as members (individuals qua members of collective agents), and shared responsibility as constituents (individuals qua constituents of unorganised collectives). -/- Accounts that deny individual responsibility fail to either take our interdependent reality seriously or fail to understand marginal participation (or in the case direct responsibility, fail to appreciate the nature of the climate change phenomenon). Individuals can be complicit in climate change harms, either as members of collective agents (e.g. as citizens of states or employees of a corporation) or as constituents of unorganised collectives (e.g. as consumers or polluters). -/- Although I focus on individual complicity, I do not deny the obligations of collective agents. However, nation-states, governments, and international bodies are not the only relevant collective agents in climate ethics: other collective agents, such as corporations, matter also and can have obligations concerning making sure that their activities are as carbon-neutral as possible. In addition, those corporations that have engaged in lobbying against climate regulation through creating and disseminating misleading information have acquired themselves additional obligations to mitigate climate change and compensate for the harm they have caused. Even so, the ethical claims can only be understood by individual members of these collective agents because only they can feel the pull of moral claims. I suggest that we could distinguish between what one must possess in order to be capable of making moral claims (i.e. moral agency conditions), and what it means to have the ability to exhibit such claims through one’s conduct. -/- Individual direct responsibility is to not to increase the probable risk of serious harm to other people, at least as long as we can do so at a less than significant cost to ourselves. It is limited to relatively wealthy individuals. Offsetting is not a reliable way to meet this duty; we need to look at the emissions from our lifestyle choices (within the available infrastructure). Shared responsibility qua members of collective agents is the key individual responsibility, and it presses especially on those occupying key positions within key collective agents. Saying that, our shared responsibility qua constituents of unorganised collectives has the potential to be decisive in whether some action is taken or not, either through a set of actions that can signal certain acceptance or support, or as a form of political support from the grass roots. (shrink)

This essay represents a critical reading, appreciation and assessment of responses written by Susan Abraham, Conrad T. Gromada, and Michael Barnes to my book On Being Human: U.S Hispanic and Rahnerian Perspectives (Orbis Books, 2001). The essay addresses the following three themes: 1) Rahner’s Ignatian heritage and its relation to the U.S. Hispanic appropriation of the preferential option for the poor and marginalized, 2) Rahner’s understanding of one mediator and many human mediations, and 3) Rahner’s transcendental theological approach in (...) relation to the experience of contemporary manifestations of atheism in the U.S. These themes highlight aspects of my book that Abraham, Gromada, and Barnes found fertile ground for engaging in theological conversation. First, with respect to Rahner’s Ignatian spirituality, I argue that the Ignatian understanding of indiferencia can be correlated with the preferential option for the poor and marginalized. Second, with respect to Rahner’s understanding of one mediator and many mediations, I explore other ways in which my book could contextualize Rahner’s approach. Finally, I underscore the historical moment in Rahner’s transcendental theological approach (the mystery of God encountered in, with, and under historical realities) and point to a contemporary implication of this understanding (e.g., practical atheism). (shrink)

The article examines methods of distinguishing positive and negative duties within the provisions of the European Convention of Human Rights as applied by the European Court of Human Rights. It highlights problems with tying positive duties to acts and negative duties to omissions, and sets out a supplemental delineation method when those problems lead to systematic classification errors: duties sort as positive if they have the capacity for multiple fulfilment options and negative if they only allow one fulfilment option. These (...) delineation criteria allow for a more consistent reconstruction of case law and point to a causal mechanism for alleged asymmetries in proportionality review and margins of appreciation. Lastly, there are revisionary implications for human rights scholarship. Judgments have been sorted as positive rights cases because they feature a requirement that states commit to legislative amendment, yet performative acts of amendment may be continuous with underlying negative duties. (shrink)

In the context of acknowledging the contrast between Marian devotional life and eucharistic theology, this response to Díaz’s book makes several connections between the two, including a glimpse into Rahner’s own devotional piety. While affirming and approving the overall content of this study by Díaz, the respondent uses a more recent article by Rahner to suggest four topics that might have enhanced the book: 1) how Marian devotion is founded on the doctrine of the communion of the saints; 2) how (...) Mary’s unimportance and marginalized position enhanced her unique acceptance of grace for the sake of all humanity; 3) how Rahner’s emphasis on women’s equality can figure in the present theological conversation about the relevance of Jesus’ maleness; and 4) how there is room inthe church for a variety of individual and cultural approaches to the theology of grace and to the devotional life of the faithful. (shrink)

Much has been written about the global convergence on constitutional supremacy. Yet, a closer look suggests that while constitutional convergence trends are undoubtedly extensive and readily visible, expressions of constitutional resistance or defiance may in fact be regaining ground worldwide. This may point to a paradox embedded in global constitutionalism: the more expansive constitutional convergence trends are, the greater the likelihood of dissent and resistance are. In this article, I chart the contours of three aversive responses to constitutional convergence: neo-secessionism, (...) nullification, and deference to local authority, and draw on an array of comparative examples to illustrate the distinct logic and characteristics of each of these responses. Taken together, these increasingly common expressions of defiance provide ample evidence that global constitutionalism is not the only game in town. Neo-secessionism, nullification, and other forms of constitutional dissent and “opting out” may thus be viewed as a reaction against the centralization of authority and the decline of the local in an increasingly—constitutionally and otherwise—universalized reality. (shrink)

Empathy remains poorly understood, under-theorized, and subject to conflicting and opportunistic uses. Its systematic role in human experience has not been analyzed and interpreted from top to bottom. In this book, the author attempts to provide such an analysis in the philosophical traditions of hermeneutics, phenomenology, analytic philosophy of language, and psychoanalysis. applying his interpretation of empathy to the philosophical issues of intentionality, the emotions, and the checkered transformations of empathy itself. In doing so the author aims to rescue empathy (...) from the margins of intelligibility and reveal its central role in our understanding of the emotions, the integrity of our relations with others, and human community (“intersubjectivity”). -/- The work draws on both the Anglo-American (“analytic”) tradition of ordinary language philosophy and the continental ones of phenomenology and hermeneutics. This work follows the movement of empathy from the periphery of ethics, aesthetics, and theory of mind to a key place in establishing and maintaining the integrity and emotional equilibrium of dynamic interrelations with other individuals. Beginning with the philosophical infrastructure of the hermeneutics of empathy, this work thoroughly explains the complex architecture of empathy, tracing it downward through the levels of authentic human interrelations, empathy with unexpressed emotions, the empathic penetrability of cognitively impenetrable affect, the first-ever intentional analysis of both the empathizer and the “empathasand” in interrelation, and the hermeneutic infrastructure. The consequences of empathy are exposed in the context of the emotions, cognitive impenetrability, empathy and altruism, and the intentionality of empathy as accessed through language and story telling. Drawing on the multi-method approach of hermeneutics, phenomenology, and story telling, this work demonstrates that empathy forms the foundation for community in ways not clearly appreciated in the on-going debate. In a bootstrap operation that is guided by Heidegger’s call for a “special hermeneutic of empathy,” this work achieves a delicate balancing act of unpacking the rich intellectual traditions from which empathy - the phenomenon itself, not the concept - emerged historically. The result is an exposure of the deep structure of empathy as a fundamentally human capability for creating possibilities of community and human relations. (shrink)

The case of Vo v. France represents the latest phase of the European Court of Human Rights’ thinking on the scope of Article 2 of the European Convention on Human Rights (the right to life) in relation to foetal life where a foetus had been lost owing to a medical accident. The Court by a majority decided that, “even assuming” Article 2 applied to the instant case (albeit to the life of the pregnant woman rather than that of the foetus), (...) it had not been violated. While the facts in Vo were extreme and exceptional, the Court will shortly hear the case of D v. Ireland concerning access to abortion for foetal anomaly, an application made under Articles 3, 8, 10 and 14 of the European Convention. If the case of D were declared admissible, the Court would then have to consider whether a denial of access to abortion for foetal anomaly constitutes inhuman and degrading treatment contrary to Article 3, or an interference with a pregnant woman’s right to respect for private life under Article 8 (and if so, how the doctrine of the margin of appreciation applies). The Grand Chamber precedent of Vo displays ambivalence about whether Article 2 should apply to foetal life, and its resort to the “even assuming” formula spared Member States the difficulty of having to justify their various abortion regimes, by reference to this Article. It remains to be seen whether in a case like D that is directly concerned with abortion, the Court will take a more definite stance on the correct balance to be struck between the State’s interest in protecting foetal life and the Convention rights of pregnant women. (shrink)

In the summer of 2014, the European Court of Human Rights ruled that the French 2010 law banning face-covering clothing in public spaces, the so-called burqa ban, did not violate the right to freedom of religion. Due to the ‘wide margin of appreciation’, the Court deemed the ban proportionate to the French state’s legitimate aim with the ban of preserving the conditions of ‘living together’. The paper analyses and provides an internal criticism of the Court’s justification for this (...) judgement focusing on the aim of living together and the right to freedom of religion. The Court’s justification presupposes that there is a justification for the ban in terms of the aim of living together, this is a legitimate aim and the ban is a proportional means of pursuing this aim. The paper analyses the Court’s justification and argues that it fails to substantiate all three conditions. (shrink)

Francis Sparshott introduced the term ‘remote art’ in his 1982 presidential address to the American Society for Aesthetics. The concept has not drawn much notice since—although individual remote arts, such as palaeolithic art and the artistic practices of subaltern cultures, have enjoyed their fair share of attention from aestheticians. This paper explores what unites some artistic practices under the banner of remote art, arguing that remoteness is primarily a matter of some audience’s epistemic distance from a work’s context of creation. (...) I introduce palaeoart—the depiction of extinct prehistoric fauna and flora, especially from the Mesozoic—as a paradigmatic case of remote art, showing that its remoteness is secured both by the deceptively rich cognitive load required for its creation and appreciation, and by its existence at the margins of the institutional artworld, which ensures that this cognitive loading is largely obscured. Too often, remote art is not just inscrutable, it is invisible to us. (shrink)

The approach of the European Court of Human Rights to cases of religiously offensive expression is inconsistent and unsatisfactory. A critical analysis of the Court’s jurisprudence on blasphemy, religious insult and religious hatred identifies three problems with its approach in this field. These are: the embellishment and over-emphasis of freedom of religion, the use of the margin of appreciation and the devaluing of some forms of offensive speech. Nevertheless, it is possible to defend a more coherent approach to (...) the limitation of freedom of expression under the European Convention of Human Rights, designed to protect religious liberty in a narrower category of cases. (shrink)

The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.“ Article 3 of (...) the First Protocol enshrines a fundamental principle for effective political democracy, and is accordingly of prime importance in the Convention system. It refers not only to positive obligation of the Contracting State to organize democratic elections, but also guarantees individual rights, including the right to vote and the right to stand for election, although this is not explicitly stated in it. These rights are not absolute; there is room for “implied limitations” and Contracting States are given a wide margin of appreciation in this sphere. However, these limitations must be such that the rights in question were not curtailed to such an extent as to impair their very essence and deprive them of their effectiveness, should be imposed in pursuit of a legitimate aim and should not be disproportionate. (shrink)

This dissertation is a collection of three papers – “Knowing Oneself for Others,” “Stereotype Threat and the Value of Self-Knowledge,” and “Self-Knowledge, Epistemic Work, and Injustice” – in which I address the connections between self-knowledge production and social inequality. I explain, using a variety of contemporary political and cultural examples, that marginalized individuals are more likely to be required to know certain things about themselves than socially privileged individuals, especially about those aspects of their lives and identities which are essential (...) to their being marginalized. I argue that this should make us rethink our basic understanding of epistemic injustice, which is typically thought of as involving the prevention of marginalized individuals from producing knowledge. More specifically, in “Knowing Oneself for Others,” I introduce the notion of “compulsory self-disclosure,” a social phenomenon in which an individual is forced to reveal things about themselves, often in ways that further contribute to their oppression. “Stereotype Threat and the Value of Self-Knowledge” addresses how self-ignorance can actually be desirable for individuals facing stereotype threat, and I argue that treating stereotype threat as an epistemic injustice issue can actually harm rather than help individuals in certain cases. Finally, in “Self-Knowledge, Epistemic Work, and Injustice,” I assess the reasoning behind the assumption that marginalized people are self-ignorant; I argue that we need to appreciate the central role that epistemic work plays in self-knowledge production to understand why the standard assumption about marginalized self-ignorance is misguided. Ultimately, I would have us think of self-knowledge production as not just epistemic work but as work that is often emotionally difficult and even metaphysically transformative – coming to have self-knowledge in certain ways can quite literally change who you are. In light of this, the overarching aim of this work is to argue for there being an inextricable link between an individual’s knowledge of themselves and their social status, as well as to discourage readers from thinking of the production of self-knowledge as inherently desirable or as a wholly epistemic issue. (shrink)

During a period of political and social upheaval in China, the unconventional insights of the great Daoist Zhuangzi pointed to a way of living naturally. Inspired by his fascination with the wisdom of this sage, the immensely popular Taiwanese cartoonist Tsai Chih Chung created a bestselling Chinese comic book. Tsai had his cartoon characters enact the key parables of Zhuangzi, and he rendered Zhuangzi's most enlightening sayings into modern Chinese. Through Tsai's enthusiasm and skill, the earliest and core parts of (...) the Zhuangzi were thus made accessible to millions of Chinese-speaking people with no other real chance of appreciating this major Daoist text. Translated into English by Brian Bruya, the comic book is now available to a Western audience. The classical Chinese text of the selections of the Zhuangzi is reproduced in the margins throughout. Evoked by the translation and the playful cartoons is the spontaneity that Zhuangzi favors as an attitude toward life: abandon presuppositions, intellectual debates, and ambitions, he suggests, and listen to the "music of nature." With the writings attributed to Laozi, the Zhuangzi contributed to an alternative philosophical ideal that matched Confucianism in its impact on Chinese culture. Over the centuries this classical Daoism influenced many aspects of Chinese life, including painting, literature, and the martial arts. It had a particularly strong effect on Chan Buddhism. For this book, Donald Munro has written an afterword that places Daoism and the Zhuangzi in historical and cultural context. (shrink)

The paper discusses the context, substance and likely implications of the European Court of Human Rights’ very recent but, in our view, historic decision in the case of Lautsi v. Italy. The article offers an outline of the case and of the decision’s motivation, a presentation of the responses, and a brief discussion of its relevance to the similar Romanian case. We examine in some detail the objections leveled against the ruling, track the progress of the Court’s relevant jurisprudence on (...) the issue, and suggest some possible consequences. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

In this article, I consider a curious blind spot in constitutional scholarship concerning the resurging rural/urban divide—a readily evident phenomenon closely associated with political resentment and anti-establishment sentiments—and how we may begin to address that challenge through creative constitutional designs. Specifically, I draw upon insights from comparative constitutionalism to discuss four main areas of constitutional law and theory that appear to hold some intellectual promise in this context: formal constitutional commitment at the national level to recognizing the urban/rural divide and (...) commitment to addressing it; creative electoral system designs that take into account the spatial dimension of politics; spatial pluralization based on concepts such as “mixed constitutions,” “community standards,” and “margin of appreciation”; and rethinking elements of equalization and fiscal federalism more generally. Taken together, the four directions I discuss here offer a repertoire of constitutional design possibilities that hold promise in mitigating the resurging rural/urban gulf. More generally, they serve as an invitation to constitutional thinkers to shake up the rather stagnant constitutional thought of spatial governance, and to think creatively about the ever-expanding urban/rural divide and its consequences for the theory and practice of 21st century constitutional democracy. (shrink)

Since the judgment of the Inter-American Court of Human Rights in the “case of Dominican and Haitian people with the Dominican Republic” it has been discussed with greater intensity if the Inter-American Court should begin to use the doctrine of the margin of appreciation in the inter-American space. At this address writers write about the authority and legitimacy of the Inter-American Court - and international courts in general - to resolve difficult cases and condemn states for violation of (...) human rights contemplated in the American Convention on Human Rights or in the respective international treaty. Other authors advocate the incorporation of the doctrine of the margin of appreciation by the Inter-American Court as a way to better articulate the inter-American political community. After reviewing the doctrinal positions in this regard, I will argue that the use of the doctrine of the margin of appreciation in cases of multicultural type may imply the invisibility of existing tensions within national communities, where many times, the culture and practices of The minorities indicated are belittled by the majority or hegemonic culture. This is the case of the indigenous and migrant population in the American context, so the use of the margin of appreciation doctrine in this type of cases may imply that international courts validate the violation of the human rights of minorities within of the States. In that sense, the work will argue that a limited application of the national margin of appreciation in multicultural cases of vulnerable groups, allowing regional human rights courts to protect ethnic, religious and cultural minorities against the established internal discrimination or against the violation of the rights protected in the American Convention of Human Rights. (shrink)

Despite the diverse legal approaches towards surrogacy in Europe, there are common socio-legal arguments attempting to legitimise it amongst the European Union member states. Regardless of the prevailing regulation in each country, surrogacy in general is confronted with common criticisms and faces similar obstacles. For instance, the operative definition of altruism is put under question in countries where altruistic surrogacy is permitted. Surrogacy is also considered an attack on a woman’s dignity and a risk to children’s welfare. Behind such claims, (...) however, rests the common yet unsubstantiated belief in a natural maternal instinct. Furthermore, a clear misunderstanding about the bonding theory still persists. Common debates around surrogacy in Europe show us that, beyond the national margin of appreciation, surrogacy challenges basic definitions of motherhood, filiation and family. These challenges are deeply permeated by gender stereotypes which partially explain the national similarities among the legal diversities. (shrink)

### Challenge to the abortion act 1967 dismissed In September, the High Court dismissed a judicial review of the Abortion Act 1967 that sought a judgement of incompatibility with the European Convention on Human Rights.1 The case focused on a clause in the Act which permits abortion in England, Scotland and Wales after 24 weeks if there is a substantial risk that, if the child were born, it would suffer from ‘such physical or mental abnormalities as to be seriously handicapped’. (...) The case was brought by three parties: Heidi Crowter, a 24 year old woman living independently with Downs Syndrome and a campaigner for disability rights; a 2 year old boy with DS; and his mother who, when pregnant with him, felt pressure to terminate the pregnancy. The claimants sought a declaration that the clause was incompatible with the right to life; freedom from torture, inhuman or degrading treatment; right to private and family life; and protection from discrimination. Further to this it was also argued that the Act does not permit abortion on the basis that an unborn child has been diagnosed with a non-fatal fetal disability such as DS and that such abortions should not be funded by the state. In dismissing the claim, the judges focused on the ‘margin of appreciation’ that the European law allows domestic states on this issue and the fact that a foetus has never been deemed to have personhood status under the ECHR. The judges noted the ability to provide for a disabled child would vary significantly and that some conditions would only be found late in a pregnancy, after 24 weeks. Stating that the case by its nature did not permit the Court to hear from other perspectives, including women who may be affected by any change to the law and further criminalisation of abortion, the judges emphasised …. (shrink)

Paulo Freire’s philosophy of education, popularized via his magnum opus, The Pedagogy of the oppressed (2000 [1970]) ‘shocked’ the world, sort of constructively, with its trenchant, au courant and futuristic meditations on the onto-epistemological lives of the marginalized in Latin America, and by elliptical extension, across the world. The central tenets of Freire’s thought as reflectively (and reflexively) acting upon the world to transform it, are as current today as these were in the late 1960s, majorly because of the subjectively (...) active ways it interacts with our onto-epistemological locations and intentions. It is in appreciating such durable temporality about his philosophy that one can sense, indeed, thickly discern it trans-spatial and transcultural connections with the humanist African philosophy of Ubuntu and it educational foundations. Ubuntu in its across-Africa readings, represents both a practical and aspirational humanization of all people (more popularly, perceiving and practicing our personhoods through the personhoods of others) with the potential outcome, in the words of Desmond Tutu (in Battle, 2009), of the cessation of inter-people conflict and oppression. With these perspectives and prospects from Freire and Ubuntu, the intersecting subsets of the two are, I argue, thickly important with analytically discernible onto-epistemological and pedagogical connections and operations. (shrink)

This paper proposes that the study of Chinese philosophy in the English speaking world has evolved in the three stages, i.e., the stage of preliminary introduction, the stage of communication, and the stage of deep study. The paper also tentatively investigates how problematic methodology in the study of Chinese philosophy and the prevalent conception of philosophy contribute to the marginalization of Chinese philosophy in the English speaking world and suggests some possible ways for the study of Chinese philosophy to emerge (...) from the current difficult situation. At the end this paper emphasizes that no matter whether the study of Chinese philosophy can make the English speaking philosophical world accept Chinese philosophy as genuine philosophy, increased understanding and appreciation of the important and unique contribution of Chinese philosophy is its significant accomplishment nevertheless. (shrink)

Studies of creative industries typically contend that creative work is profoundly precarious, taking place on a freelance basis in highly competitive, individualized and contingent labour markets. Such studies depict creative workers as correspondingly self-enterprising, self-reliant, self-interested and calculative agents who valorise care-free independence. In contrast, we adopt the ‘ethics of care’ approach to explore, recognize and appreciate the communitarian, relational and moral considerations as well as interpersonal connectedness and interdependencies that underpin creative work. Drawing on in-depth interviews with creative workers (...) in a range of marginal socio-cultural contexts, we argue that creative workers cultivate and sustain a diverse array of practices of care arising from an affective concern with the well-being of others. Far from being merely individualistic and crudely competitive actors, creative workers enact practical ethical responsibilities and affectivities towards a range of human and non-human others, including families, local communities and neighbourhoods, colleagues, artistic scenes and their adjacent genres, and surrounding national and linguistic cultures. In emphasizing the fundamental and structuring role of care in contingent labour markets our approach accords with recent trends in the social sciences that ‘affirmatively’—as opposed to ‘negatively’ and ‘suspiciously’—recognize that mutuality, solidarity and affectivity are powerful drivers of action on a par with or even exceeding market-driven self-centredness. (shrink)

While some philosophers and increasing numbers of scientists are striving to revive speculative metaphysics as a condition for further advancing science, solving the central problems of contemporary philosophy and confronting the major problems facing society, even philosophers decrying the increasingly marginal status of philosophy continue to ignore or denigrate their efforts. It is argued that this lack of appreciation and the associated misrepresentations of speculative metaphysics stems from the failure to appreciate work in this area as an ongoing tradition (...) among historians and historically oriented philosophers of science and philosopher scientists. Most importantly, it stems from ignorance of Whitehead's defence of speculative metaphysics against analytic philosophy and the impact of this defence on the tradition of speculative metaphysics. Whitehead's metaphilosophy is analysed as a successful refutation of the assumptions on which Russell's early analytic approach to philosophy was based, assumptions which came to inform the whole tradition of analytic philosophy. The paper concludes by indicating the importance of Whitehead's defence of speculative metaphysics not only for philosophy, but also for the future of society. (shrink)

Some researchers have recognized that privileged communities dominate the discourse on AI Ethics, and other voices need to be heard. As such, we identify the current ethics milieu as arising from WEIRD (Western, Educated, Industrialized, Rich, Democratic) contexts, and aim to expand the discussion to non-WEIRD global communities, who are also stakeholders in global sociotechnical systems. We argue that accounting for honor, along with its values and related concepts, would better approximate a global ethical perspective. This complex concept already underlies (...) some of the WEIRD discourse on AI ethics, but certain cultural forms of honor also bring overlooked issues and perspectives to light. We first describe honor according to recent empirical and philosophical scholarship. We then review “consensus” principles for AI ethics framed from an honor-based perspective, grounding comparisons and contrasts via example settings such as content moderation, job hiring, and genomics databases. A better appreciation of the marginalized concept of honor could, we hope, lead to more productive AI value alignment discussions, and to AI systems that better reflect the needs and values of users around the globe. (shrink)

The paper relates to the actual extent of the “margin of appreciation” of national law-making power in Europe when it takes ethical issues into consideration. This occurs when the use of technoscience may affect fundamental interests. The discretion of the legislature is limited, particularly by the transnational system arising from the European legal integration within both the European Union and the Council of Europe. The two schemes of integration, although there are differences between them, converge to put national (...) legislation under pressure, particularly when it considers ethical matters. As a matter of fact, ethical issues cannot be approached at the national level alone but must be addressed at least at the continental level. An important role in the work of shaping the ethical rules from a continental perspective is played not by the national legislatures, but by the dialogue between the different levels of the judiciary. This role is inescapable and cannot be replaced by legislation, even if it is approved in a transnational plan. The function of the case law in regulating phenomena with ethical implications is studied, taking into consideration the case of Italian Law no. 40 of 2004 concerning medically assisted reproduction. Over the last 15 years, this law, which is inconsistent with many fundamental ethical principles, but has not been amended by the legislature, has been in the process of being corrected by the dialogue between European and national case law. (shrink)

The aim of the article is to elaborate ecosemiotics towards practical methodology of analysis. For that, the article first discusses the relation between meaning and context seen as a possibility for an ecological view immanent in semiotics. Then various perspectives in ecosemiotics are analyzed by describing biological and cultural ecosemiotics and critically reading the ecosemiotic works of W. Nöth and K. Kull. Emphasizes is laid on the need to integrate these approaches so that the resulting synthesis would both take into (...) account the semioticity of nature itself as well as allow analyzing the depiction of nature in the written texts. To this end, a model of nature-text is introduced. This relates two parties intertwined by meaningrelations — the written text and the natural environment. In support of theconcept of nature-text, the article discusses the Tartu–Moscow semioticians’ concepts of text, which are regarded as broad enough to accommodate the semiotic activity and environment creation of other animals besides humans. In the final section the concept of nature-text is used to describe nature writing as an appreciation of an alien semiotic sphere and to elucidate the nature writing’s marginality, explaining it with the need to interpret two different types of texts. (shrink)

This paper studies how legal choices, and in particular legislative determinations, need to consider multiple rights and values, and can be assessed accordingly. First it is argued that legal norms (and in particular constitutional right-norms) often prescribe the pursuit of goals, which may be in conflict one with another. Then a model of teleological reasoning is brought to bear on choices affecting different goals, among which those prescribed by constitutional norms. An analytical framework is provided for evaluating such choices with (...) regard to possible alternatives. The assessment of legislative choices according to proportionality is then considered, and is modelled using the provided analytical framework. Finally, the framework is expanded to include the ideas of reasonableness and institutional deference, and the corresponding margins of appreciation. (shrink)

The paper presents the role of the experience of historical transformation in the modifications of the historical conscience: the fragmentation, the marginality and the removal from the rational foundation of values. It associates the postmodern world with different forms of losing the sense of values, the lack of measure and nuance in appreciation, the weak preoccupation for identity, authenticity, conscience of values in human behavior. In order to discuss the theory of values the paper introduces Rickertʼs theory of the (...) autonomy of value, Andreiʼs and Vianuʼs conceptions on the system of values, Schelerʼs hierarchy of values, and Hartmannʼs concept of knowledge of value. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Somaesthetics and Racism:Toward an Embodied Pedagogy of DifferenceDavid A. Granger (bio)IntroductionThe philosopher Ludwig Wittgenstein once remarked that "The human body is the best picture of the human soul."1 There is a basic truth in this assertion that we recognize (I want to say) intuitively: the notion that human beings are parts both mental and physical, that these facets are ultimately interdependent, and that they are in some measure correlated (...) was a commonplace in the intellectual culture of ancient Athens, especially among Socratic thinkers. It can also be found as a central part of the basic ontology and ideals of self-cultivation espoused in much East Asian philosophy. In the West, however, this deep appreciation for the relationship between mind and body appears somewhat sporadically after the Socratics, only to be fervently reasserted as a main plank in the lived philosophy of the early American pragmatists, as when Henry David Thoreau proclaimed that "We are all sculptors and painters, and our material is our own flesh and blood and bones. Any nobleness begins to refine a mean's features, any meanness or sensuality to imbrute them."2I use the word "sporadically" above because it is likewise a basic truism that canonical Western philosophy has a long and storied history of rejecting, ignoring, or degrading the human body—that most formative part of our being and connection to the world and to others. The position of the later, more metaphysical Plato is iconic in this regard, and it effectively set the tone for much Christian theology and the Cartesian philosophy of consciousness. For Plato and his adherents, the longing to escape our embodiedness, conceived as a necessary means to human (or perhaps superhuman) perfection [End Page 69] by achieving a godlike existence, requires effectively divorcing ourselves from the irrational brutes of terra firma. The body is conceived as a static constraint to human flourishing rather than a dynamic enabler. It is more or less an adversary, something that we must endeavor to be freed from or subdue.3 Its base senses and unruly passions deceive us epistemologically, while its inexorable power to situate us in space and time limits our objectivity. In its inevitable pains and infirmities, the body is also a constant reminder of the aging process and of our ultimate mortality. Deeming the body as at best a mere servant of the mind, philosophers typically have portrayed it as a veritable prison of deception, temptation, and suffering. Moreover, it is well-established that such thinking has been particularly pernicious in light of the historical identification of women and other marginalized groups with their variously enfeebled, depraved, or uncivilized bodies.4Against this disquieting backdrop, it is only relatively recently that the human body, and the significance of our existence as embodied beings, has received sustained positive attention by leading lights in Western philosophy and criticism. These luminaries include, among others, "feminist" thinkers like Simone de Beauvoir, Julia Kristeva, Luce Irigaray and, of late, Susan Bordo and Judith Butler (with a nod to Michel Foucault, Pierre Bordeau, and others); pragmatists William James and John Dewey (with a nod to Emerson and Thoreau); phenomenologist Maurice Merleau-Ponty (with a nod to Jean-Paul Sartre); analytic philosopher Ludwig Wittgenstein (with a nod to James); and postmodernist Michel Foucault (with a nod to Friedrich Nietzsche, George Bataille, and the ancient Asian ars erotica tradition5). While these thinkers do not universally praise the body and its active, conscious cultivation for human flourishing (about which more later), they nonetheless acknowledge its necessity for all perception, action, and even thought.6 In short, they all seek to recognize and elucidate the significance—cognitive and affective, discursive and nondiscursive—of our full embodied intelligence.Looking specifically at the architectonics of the body espoused by the trio of Dewey, Foucault, and Wittgenstein, this article uses what philosopher Richard Shusterman terms "analytic somaesthetics" to examine some of the primary embodied dimensions of feeling, perception, action, and thought, particularly through the functioning of habit.7 In doing so, it seeks to expose the way various ideologies of domination (for example, racism, sexism, classism, ableism, heterosexism, ageism, etc.) are covertly (and at times overtly) materialized... (shrink)

Isaiah Berlin was deeply admired during his life, but his full contribution was perhaps underestimated because of his preference for the long essay form. The efforts of Henry Hardy to edit Berlin's work and reintroduce it to a broad, eager readership have gone far to remedy this. Now, Princeton is pleased to return to print, under one cover, Berlin's essays on Vico, Hamann, and Herder. These essays on three relatively uncelebrated thinkers are not marginal ruminations, but rather among Berlin's most (...) important studies in the history of ideas. They are integral to his central project: the critical recovery of the ideas of the Counter-Enlightenment and the explanation of its appeal and consequences--both positive and tragic.Giambattista Vico was the anachronistic and impoverished Neapolitan philosopher sometimes credited with founding the human sciences. He opposed Enlightenment methods as cold and fallacious. J. G. Hamann was a pious, cranky dilettante in a peripheral German city. But he was brilliant enough to gain the audience of Kant, Goethe, and Moses Mendelssohn. In Hamann's chaotic and long-ignored writings, Berlin finds the first strong attack on Enlightenment rationalism and a wholly original source of the coming swell of romanticism. Johann Gottfried Herder, the progenitor of populism and European nationalism, rejected universalism and rationalism but championed cultural pluralism.Individually, these fascinating intellectual biographies reveal Berlin's own great intelligence, learning, and generosity, as well as the passionate genius of his subjects. Together, they constitute an arresting interpretation of romanticism's precursors. In Hamann's railings and the more considered writings of Vico and Herder, Berlin finds critics of the Enlightenment worthy of our careful attention. But he identifies much that is misguided in their rejection of universal values, rationalism, and science. With his customary emphasis on the frightening power of ideas, Berlin traces much of the next centuries' irrationalism and suffering to the historicism and particularism they advocated. What Berlin has to say about these long-dead thinkers--in appreciation and dissent--is remarkably timely in a day when Enlightenment beliefs are being challenged not just by academics but by politicians and by powerful nationalist and fundamentalist movements.The study of J. G. Hamann was originally published under the title The Magus of the North: J. G. Hamann and the Origins of Modern Irrationalism. The essays on Vico and Herder were originally published as Vico and Herder: Two Studies in the History of Ideas. Both are out of print. (shrink)

The aim of Kant’s Sources in Translation is to retrieve the rich intellectual world that influenced Kant’s philosophical development. In its first stage, the series makes available the most important textbooks Kant used throughout his long teaching career. Many of these textbooks are in Latin or in German and remain inaccessible to Anglophone readers. Lacking this material, however, it is difficult to appreciate Kant’s originality and process of philosophical maturation, for readers are unable to understand what prompted Kant to introduce (...) a distinction, offer a qualification, attack a position, or develop a new thesis. This background is essential to understand the genesis of Kant’s thought. -/- This volume provides a translation of Georg Friedrich Meier’s Auszugaus der Vernunftlehre, the textbook that serves not only as the basis for Kant’s lectures on logic and related Reflexionen but is also crucial for studying the so-called Jäsche Logic of 1800, which is redacted from the marginal and interleave notes found in Kant’s personal copy of Meier’s book. Given the recent growth in scholarship on Kant’s logic, normative epistemology, and the psychology of belief, this volume makes a major contribution to contemporary debates in the field. (shrink)

The aim of Kant’s Sources in Translation is to retrieve the rich intellectual world that influenced Kant’s philosophical development. In its first stage, the series makes available the most important textbooks Kant used throughout his long teaching career. Many of these textbooks are in Latin or in German and remain inaccessible to Anglophone readers. Lacking this material, however, it is difficult to appreciate Kant’s originality and process of philosophical maturation, for readers are unable to understand what prompted Kant to introduce (...) a distinction, offer a qualification, attack a position, or develop a new thesis. This background is essential to understand the genesis of Kant’s thought. -/- This volume provides a translation of Georg Friedrich Meier’s Auszugaus der Vernunftlehre, the textbook that serves not only as the basis for Kant’s lectures on logic and related Reflexionen but is also crucial for studying the so-called Jäsche Logic of 1800, which is redacted from the marginal and interleave notes found in Kant’s personal copy of Meier’s book. Given the recent growth in scholarship on Kant’s logic, normative epistemology, and the psychology of belief, this volume makes a major contribution to contemporary debates in the field. (shrink)

Mobile health devices pose novel questions at the intersection of philosophy and technology. Many such applications not only collect sensitive data, but also aim at persuading users to change their lifestyle for the better. A major concern is that persuasion is paternalistic as it intentionally aims at changing the agent’s actions, chipping away at their autonomy. This worry roots in the philosophical conviction that perhaps the most salient feature of living autonomous lives is displayed via agency as opposed to patiency—our (...) lives go well in virtue of what we do, rather than what happens to us. Being persuaded by a device telling us how to conduct our lives seemingly renders the agent passive, an inert recipient of technological commands. This agential bias, however, has led to a marginalization of patiential characteristics that are just as much part of our lives as are agential characteristics. To appreciate the inherent interlocking of acting and being acted upon, it is vital to acknowledge that agency and patiency are correlates, not mutually exclusive opposites. Furthermore, it is unclear whether an action can only count as agential so long as its causes are internal. Drawing on the extended mind and extended will framework, I argue that mHealth applications merely serve as volitional aids to the agent’s internal cognition. Autonomously set goals can be achieved more effectively via technology. To be persuaded by an mHealth device does not mainly—let alone exclusively—emphasize patiency; on the contrary, it can be an effective tool for technologically enhancing agency. (shrink)

The wide acceptance and maturation of the theology of missio Dei is the most important development in the theology of mission in recent times. It introduced a radically new understanding of mission and theology, and flowing from that a re-appropriation of ecclesiology. Mission studies are also characterised by a new appreciation of mission from the margins: liberation theology and the associated discourses on decoloniality, deep engagement in contextuality and the explosion of missional ecclesiology. This apostolic orientation of the church (...) is of the utmost importance in the reflection on the future of theology. This research attends to the postcolonial discourse as an important critique of colonialism and understands the emancipation of Africanised or decolonised theological education as an inevitable and positive development. Contextual sensitivity, attention to diverse power structures and a predisposition to appreciate diversity open imaginative possibilities for theological education. This leads to the argument that decolonial African theology must confront issues of biblical hermeneutics. The proposal of this research is that missional hermeneutic is an excellent starting point. It describes the contours of a missional hermeneutic, attending to mission as central to the Biblical story, the meaning of mission and the conviction that reading Scriptures constitutes an essential part of missional praxis. Missional hermeneutic is a centring vision and purpose for theological education. The argument is for a missional curriculum that defines a centre that unifies the various disciplines, one that places mission and missiology at the heart of theological education. (shrink)

This is a charming and engaging book that combines careful attention to the phenomenology of experience with an appreciation of the psychology and neuroscience of perception. In some of its aimsfor example, to show problems with a rigid version of a view of visual perception as an inverse optics process of constructing a static 3-D representation from static 2-D information on the retina--it succeeds admirably. As No points out, vision is a process that depends on interactions between the perceiver (...) and the environment and involves contributions from sensory systems other than the eye. He is at pains to note that vision is not passive. His analogy with touch is to the point: touch involves skillful probing and movement, and so does vision, although less obviously and in my view less centrally so. This much is certainly widely accepted among vision scientistsalthough mainstream vision scientists (represented, for example, by Stephen Palmers excellent textbook²) view these points as best seen within a version of the inverse optics view that takes inputs as non-static and as including motor instructions (for example, involving eye movements and head movements).³ The kind of point that No raises is viewed as important at the margins, but as not disturbing the main lines of the picture of vision that descendswith many changesfrom the pioneering work of David Marr in the 1980s (and before him, from Helmholtz). But No shows little interest in mainstream vision science, focusing on non-mainstream ideas in the science of perception, specifically ideas from the anti-representational psychologist J.J. Gibson, and also drawing on Wittgenstein and the phenomenology tradition. There is a sense throughout the book of revolution, of upsetting the applecart. This is a review from the point of view of the applecart. (shrink)