Punishment as Fair Play

This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta-cooperative practice—a conception that falls somewhere between contractual and communitarian conceptions—and draw on this account to show how the theory can overcome the objections.

A Conundrum Concerning Creation

In this paper, I expose a conundrum regarding divine creation as Leibniz conceives of such creation. What energizes the conundrum is that the concept of omnibenevolence—“consequential omnibenevolence”—that the Leibnizian argument for the view that the actual world is the best of all possible worlds presupposes, appears to sanction the conclusion that God has no practical reasons to create the actual world.

That Which “Has No Name in Philosophy”: Merleau-Ponty and the Language of Literature

In this paper I address some related aspects of Merleau-Ponty’s unfinished texts, The Visible and the Invisible and The Prose of the World. The point of departure for my reading of these works is the sense of philosophical disillusionment which underlies and motivates them, and which, I argue, leads Merleau-Ponty towards an engagement with art in general and with literature in particular. I suggest that Merleau-Ponty’s emerging conception of ethics—premised on the paradox of a “universal singularity” and concerned with the concrete experience of the individual subject, rather than with abstractions and formal categories—can best be articulated through the formalist concept of “defamiliarization,” the fundamental performativity of all literature, and the dialogic relations which, though inherent in all discourse, become most powerfully evident in the dynamics of reading.

Signification,Intention, Projection

Locke is what present-day aestheticians, critics, and historians call an intentionalist. He believes that when we interpret speech and writing, we aim—in large part and perhaps even for the most part—to recover the intentions, or intended meanings, of the speaker or writer. Berkeley and Hume shared Locke’s commitment to intentionalism, but it is a theme that recent philosophical interpreters of all three writers have left largely unexplored. In this paper I discuss the bearing of intentionalism on more familiar themes in empiricist reflections on language, among them the signification of things (as opposed to ideas); the signifying role of whole propositions; and the possibility of reference to an “external” world.

A Note on the Nomic Possibility of a Dynamic Shift

In this note, I argue that a dynamically shifted world—i.e. a world identical to our own except for a fixed constant difference in the absolute acceleration of each object—is nomically impossible in a Newtonian world populated by finitely many objects. A dynamic shift however seems to be nomically possible in a world populated by infinitely many objects, but only in a broad sense of nomic possibility.

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Bestowal Without Appraisal: Problems in Frankfurt’s Characterization of Love and Personal Identity

Harry Frankfurt characterizes love as “a disinterested concern for the existence of what is loved, and for what is good for it.” As such, he views romantic love as an inauthentic paradigm for love since such love desires reciprocation, sexual gratification and so on. I argue that Frankfurt’s conception of love is (a) too general—he does not distinguish between the type of love one has for one’s partner, one’s country, a moral ideal, etc., (b) it overemphasizes the role of bestowal at the expense of the part played by appraisal and (c) it is insufficiently social. Certain forms of love, romantic love and friendship for instance, are defined largely in terms of reciprocation. For Frankfurt, reciprocation is somewhat of an accidental feature of love. This deficiency in Frankfurt’s conception of love can be traced to a problem in his conception of selfhood which I argue is insufficiently social in nature.

A new argument for skepticism

The traditional argument for skepticism relies on a comparison between a normal subject and a subject in a skeptical scenario: because there is no relevant difference between them, neither has knowledge. Externalists respond by arguing that there is in fact a relevant difference—the normal subject is properly situated in her environment. I argue, however, that there is another sort of comparison available—one between a normal subject and a subject with a belief that is accidentally true—that makes possible a new argument for skepticism. Unlike the traditional form of skeptical argument, this new argument applies equally well to both internalist and externalist theories of knowledge.

Don’t Know,Don’t Kill: Moral Ignorance,Culpability, and Caution

This paper takes on several distinct but related tasks. First, I present and discuss what I will call the “Ignorance Thesis,” which states that whenever an agent acts from ignorance, whether factual or moral, she is culpable for the act only if she is culpable for the ignorance from which she acts. Second, I offer a counterexample to the Ignorance Thesis, an example that applies most directly to the part I call the “Moral Ignorance Thesis.” Third, I argue for a principle—Don’t Know, Don’t Kill—that supports the view that the purported counterexample actually is a counterexample. Finally, I suggest that my arguments in this direction can supply a novel sort of argument against many instances of killing and eating certain sorts of animals.

Lacking <Emphasis Type="Italic">lack</Emphasis>: a reply to Joldersma

First I would like to thank Clarence Joldersma for his review of our Poststructuralism, Philosophy, Pedagogy (Marshall, 2004-PPP). In particular, I would thank him for his opening sentence: “[t]his book is a response to a lack.” It is the notion of a lack, noted again later in his review, which I wish to take up mainly in this response. Rather than defending or elaborating our particular contributions to PPP—the latter would be a great indignity to my colleagues as I would not write over them—I will take the opportunity to develop the theme of a lack, as I believe that Joldersma has raised a very important issue. But first I will respond briefly to some of Joldersma’s general and opening statements about the book, and my philosophical position in particular.

The Problem of Moral Spontaneity in the Guodian Corpus

This paper discusses certain conceptual tensions in a set of archeological texts from the Warring States period, the Guodian corpus. One of the central themes of the Guodian corpus is the disanalogy between spontaneous, natural familial relationships and artificial political relationships. This is problematic because, like many early Chinese texts, the Guodian corpus believes that political relationships must come to be characterized by unselfconsciousness and spontaneity if social order is to prevail. This tension will be compared to my earlier work on the “paradox of wu-wei (effortless action),” and the Guodian corpus’ “solution” to the problem of teaching spontaneity—drawing upon the transformative power of music—will be placed within the landscape of early “Confucian” and “Daoist” theories concerning human nature and self-cultivation.

A Politically Liberal Conception of Civic Education

Liberal political theory is widely believed to be an inadequate source of civic commitment and thus of civic education primarily because of its commitment to what is perceived as a pervasive individualism. In this paper, I explore the possibility that John Rawls’s later political philosophy may provide a response to this belief. I first articulate a conception of liberal politics derived from Rawls’s idea of reflective equilibrium that generates an overlapping consensus about political principles among those who hold a wide variety of cultural and personal conceptions of the good. Next I develop the aims for civic education in a society that employs such a politics. Then I suggest the elements of the public school curriculum appropriate for such a civic education, including a robust multicultural education, intellectual reflection on the society’s history, and philosophical training that enables children to understand the events and policies of their nation as following from general political principles. I also consider the kinds of classroom practice that seem necessary to provide the motivation to engage in the process of the emergence of an overlapping consensus, including opportunities to develop and to reflect on the principles that may be included in the current consensus and to understand the way in which those principles relate to children’s developing conceptions of the good. Finally, I compare this conception of civic education to those of other liberal theorists.

Social Externalism and First-Person Authority

Social Externalism is the thesis that many of our thoughts are individuated in part by the linguistic and social practices of the thinker’s community. After defending Social Externalism and arguing for its broad application, I turn to the kind of defeasible first-person authority that we have over our own thoughts. Then, I present and refute an argument that uses first-person authority to disprove Social Externalism. Finally, I argue briefly that Social Externalism—far from being incompatible with first-person authority—provides a check on first-personal pronouncements and thus saves first-person authority from being simply a matter of social convention and from collapsing into the subjectivity of “what seems right is right.”

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A Quintet,a Quartet,a Trio,a Duo? The Epistemic Regress Problem,Evidential Support,and Skepticism

In his topical article, Andrew Cling claims that the best extant formulation of the so-called epistemic regress problem rests on five assumptions that are too strong. Cling offers an improved version that rests on a different set of three core epistemic assumptions, each of which he argues for. Despite of owing a great deal to Cling’s ideas, I argue that the epistemic regress problem surfaces from more fundamental assumptions than those offered by Cling. There are ultimately two core assumptions—in fact two contradictory strands within the concept of epistemic support—which jointly create a powerful challenge for our pursuit of paramount epistemic values.

Supernatural Miracles and Religious Inclusiveness

In this paper I shall assess Clarke’s assertion that all definitions of miracles that purport to satisfy the criterion of religious inclusiveness should substitute the term ‘supernatural’ for ‘non-natural’. In addition, I shall attempt to strengthen Clarke’s conception of the supernatural by offering an analysis of what it means for something to be ‘above’ nature. Lastly, I shall offer a new argument as to why Clarke’s intention-based definition of miracles is necessarily less religiously inclusive than Mumford’s causation-based definition.

No Regrets, or: Edith Piaf Revamps Decision Theory

I argue that standard decision theories, namely causal decision theory and evidential decision theory, both are unsatisfactory. I devise a new decision theory, from which, under certain conditions, standard game theory can be derived.

Sins of the American Empire and Pastoral Responses

This article describes attributes of the American Empire and addresses characteristic sins—pride, sloth, greed, and idolatry—that are necessary for maintaining the domestic and foreign policies aimed toward expanding the economic and military power of the United States. In particular, I claim that theo-political narratives and rituals extant in U.S. culture are internalized, structuring our collective psyches and shaping both our wills and actions. Pride, sloth, greed, and idolatry signify the distortion of will, giving rise to actions that result in harm and alienation. To address this reality, several pastoral strategies are depicted.

Reinterpreting the ‘quickening’ perspective in the abortion debate

Personhood constitutes the pivotal point in the abortion debate. There exists a diversity of views as to when foetal personhood actually starts—from conception and implantation to viability and even birth. One perspective that has lost support for decades is that of quickening, a stance associated with Lord Ellenborough’s 1803 Act. This paper attempts to put quickening back into the limelight, albeit through a new interpretation. After discussing its philosophy and underpinning rationale, I will assess a number of arguments that have been directed against quickening as a viable point of distinction. I conclude by suggesting that according to modern proponents of quickening proponents, rational soul ensoulment begins after a certain degree of cerebral cortical formation has been realized, thus marking foetal volition, which promotes foetal interests, for the first time.

The Donkey Problem

The Donkey Problem (as I am calling it) concerns the relationship between more and less fundamental ontologies. I will claim that the moral to draw from the Donkey Problem is that the less fundamental objects are merely conventional. This conventionalism has consequences for the 3D/4D debate. Four-dimensionalism is motivated by a desire to avoid coinciding objects, but once we accept that the non-fundamental ontology is conventional there is no longer any reason to reject coincidence. I therefore encourage 4Dists to become even more radical—embrace the Donkey Problem’s conventionalism and deflate the debate between 3Dists and 4Dists.