"Homogeneity" and Constitutional Democracy: Coping with Identity Conflicts through Group Rights

In this article I explore some ancient issues of political theory in the light of some contemporary social and cultural issues. After developing a check list of the virtues and vulnerabilities of constitutional democracy (Section I), I go on to discuss some types and symptoms of difference, conflict, fragmentation and heterogeneity (Section II). I then proceed to a critical review of a particular set of strategies and institutional solutions—political group rights—that are often thought promising devices for strengthening the virtues and overcoming the vulnerabilities of the constitutional democratic form of regime (Section III).
Much of the contemporary philosophical and political discussion of these issues is enchanted by the post-modern spirit of "multiculturalism,""diversity" and "identity." It tends to neglect issues of citizenship and social justice. It also tends to fixate on North American examples, neglecting some of the less benign West European and, in particular, Central East European varieties of identity politics. The discussion here, while mostly raising questions rather than claiming to provide definitive answers, nevertheless tries to overcome some of these biases.     

ON THE POSSIBILITY OF FEMINIST EPISTEMOLOGY

Abstract: In this article, I propose one way of understanding the expression "feminist epistemology." I begin from the premise that improper philosophical attention has been paid to the implications of what I call The Fact of Preconditions for Agency: that moral and rational agents become such only through a long, deliberate, and intensive process of intervention and teaching, a process that requires commitments of time, effort and emotion on the part of other agents. I contend that this is a sufficiently important aspect of what it is to be a person that accounting for its philosophical implications may have repercussions not only for moral and political theory, but for epistemology as well. I contend further that, given the current configuration of social possibilities, a theory that acknowledges this Fact might appropriately be deemed "feminist."
My argument is presented in four segments. In Section II, I show how such a theory could be feminist by providing a discussion of categories of social identity; in Section III, I show how such a theory could be epistemology by describing a strategy of argument from parity. In Section IV, I apply this strategy to a case from political philosophy to show why its counter-intuitive implications do not provide good grounds for rejecting the suggested redistricting. And in Section V, I apply the same strategy to a case from epistemology to bring out how it might lead to a theory that might legitimately claim to be feminist epistemology.     

Privacy and the Computer: Why We Need Privacy in the Information Society

For more than thirty years an extensive and significant philosophical debate about the notion of privacy has been going on. Therefore it seems puzzling that most current authors on information technology and privacy assume that all individuals intuitively know why privacy is important. This assumption allows privacy to be seen as a liberal "nice to have" value: something that can easily be discarded in the face of other really important matters like national security, the doing of justice and the effective administration of the state and the corporation. In this paper I want to argue that there is something fundamental in the notion of privacy and that due to the profoundness of the notion it merits extraordinary measures of protection and overt support. I will also argue that the notion of transparency (as advocated by Wasserstrom) is a useless concept without privacy and that accountability and transparency can only be meaningful if encapsulated in the context of privacy. From philosophical and legal literature I will discuss and argue the value of privacy as the essential context and foundation of human autonomy in social relationships. In the conclusion of the paper I will discuss implications of this notion of privacy for the information society in general, and for the discipline of information systems in particular.     

Connectionism and the Philosophical Foundations of Cognitive Science

This is an overview of recent philosophical discussion about connectionism and the foundations of cognitive science. Connectionist modeling in cognitive science is described. Three broad conceptions of the mind are characterized, and their comparative strengths and weaknesses are discussed: (1) the classical computation conception in cognitive science; (2) a popular foundational interpretation of connectionism that John Tienson and I call "non-sentential computationalism"; and (3) an alternative interpretation of connectionism we call "dynamical cognition." Also discussed are two recent philosophical attempts to enlist connectionism in defense of eliminativism about folk psychology.     

Dialogue Foundations: Dialogue Logic Revisited: Erik C. W. Krabbe

In an attempt to redeem the Lorenzen-type dialogues from their detractors, it is perhaps best first to provide a survey of the various benefits these dialogues have been supposed to yield. This will be done in Section I. It will not be possible, within the confines of this paper, to scrutinize them all, but in Section II we shall delve deeper into the capacity of this type of dialogue to yield a model for the immanent criticism of philosophical positions. Section III will extend the concept of a dialogue in such a way as to conform better with our intuitive conceptions of what a rational discussion of a position should contain. This will be followed up by a concept of 'winning a dialogue' that takes position midway between the old conception of 'winning one play' and that of the full-fledged presentation of a winning strategy (a proof). Concepts of 'rational discussion' are thus shown to be, plausibly, more fundamental than those of proof. In Section IV, I shall discuss the specific problems about dialogical foundations put forward by Wilfrid Hodges.     

Divine omniscience,privacy, and the state

Traditional theism teaches that God engages in a relentless form of observation for every human being. If, as is widely supposed, humans have a right to privacy, then it seems that God constantly violates this right. In this paper we argue that there is both a defensible philosophical excuse and justification for this infringement. We also argue that this defense is extensible to human social and political contexts; it provides the vital elements of a theory of just privacy infringement. This theory is broadly compatible both with major forms of political theory (except anarchistic ones) and with the main conceptions of privacy defended in recent philosophical and jurisprudential literature.     

Conscientious Objection and the Morning‐After Pill

The so‐called ‘morning‐after pill’ is a drug that prevents pregnancy if taken no later than 72 hours after presumably fertile sexual intercourse. This article argues against a right of conscientious objection for pharmacists with regard to dispensing this drug. Some arguments that might be advanced in support of this right will be considered and rejected. Section 2 argues that from a philosophical point of view, the most relevant question is not whether the morning‐after pill prevents implantation nor is it whether preventing implantation is tantamount to abortion. Section 3 suggests a more general philosophical question as most pertinent, namely whether and to what extent a pharmacist can justifiably be exempted from dispensing the morning‐after pill when to do so would entail participating in something that goes against his or her deepest moral or religious convictions. Section 4 explains why, within liberal institutions, pharmacists should not have the right to conscientious objection to dispensing the morning‐after pill.     

Dworkin and Casey on abortion

This article responds to two important recent treatments of abortion rights. I will mainly discuss Ronald Dworkin's recent writings concerning abortion: his article "Unenumerated rights: whether and how Roe should be overruled," and his book Life's Dominion. In these writings Dworkin presents a novel view of what the constitutional and moral argument surronding abortion is really about. Both debates actually turn, he argues, on the question of how to interpret the widely shared idea that human life is sacred. At the heart of the abortion debate is the essentially religious notion that human life has value which transcends its value to any particular person; abortion is therefore at bottom a religious issue. Dworkin hopes to use this analysis to show that the religion clauses of the First Amendment provide a "textual home" for a woman's right to choose abortion. I wish to scrutinize this suggestion here; I want to probe the precise consequences for abortion rights of such an understanding of their basis. I will argue that the consequences are more radical than Dworkin seems to realize. The other work I will examine here is the important 1992 Supreme Court decision on abortion, Planned Parenthood v. Casey. The controlling opinion in that case, written jointly by Justices Kennedy, O'Connor, and Souter, strongly reaffirmed Roe v. Wade, but also upheld most of the provisions of a Pennsylvania statute that had mandated various restrictions on abortion. The justices' basis for upholding these restictions was their introduction of a new constitutional standard for abortion regulations, an apparently weaker standard than those that had governed previous Supreme Court abortion decisions. I think there is a flaw in Casey's new constitutional test for abortion regulations, and I will explain, when we turn to Casey, what it is and why it bears a close relation to Dworkin's reluctance to carry his argument as far as it seems to go.     

IS THERE A RIGHT TO PRIVACY?

It is widely held that there is a legal right to privacy that plays such a central role in a number of important US Supreme Court decisions. There is however a great deal of dispute about whether there is a moral right to privacy and if there is, what grounds the right. Before this can be determined, we must be clear about the nature of privacy, something that is not clearly understood and that, as we shall see, is often confused with the right to privacy. I shall begin with a critical discussion of various views about the nature of privacy. I shall then present my own account, and show how it meets the objections that have been raised against other views. Lastly, I shall close with a discussion about whether privacy is a moral right.     

Perplexity and Mystery

In this paper I comment on Gareth B. Matthews's "The Socratic Augustine" and Peter King's "Augustine on the Impossibility of Teaching." Matthews's paper adduces several instances of Augustine's apparent willingness to accept Socratic perplexity in some philosophical matters. Matthews suggests that these cases are compatible with Augustine's dogmatism because Augustine presupposes that the phenomena in question, although perplexing, are actual. I suggest instead that Augustine can be viewed as taking a neutral stance toward many of his examples, because they arise in areas of philosophical inquiry where it is not important to the tenets of his faith that he hold the right opinion. King defends the Augustinian thesis that teaching, construed as the causal transmission of knowledge from teacher to learner, is, if not impossible, at least mysterious. I suggest that much of the alleged mystery may rest on a confusion between epistemological dependency and metaphysical dependency.     

The Euthanasia Debate in Germany - What's the Fuss?

ABSTRACT Both opponents and proponents of Singer's right to speak about euthanasia have concentrated on the tenability of his claims. They have ignored the question of what legitimate grounds there are for suppressing academic discussion, and have failed to take into account the discussion of freedom of speech in recent legal theory. To do this is the aim of my paper. Section I claims that Singer's position is immoral. Section 2 turns to the question of whether it is protected by freedom of speech, irrespective of its merits. I reject two lines of defence for Singer's opponents, that they had no opportunity to present their case, and the Kantian idea of the primacy of practical reason. Section 3 turns to a defence from legal theory. It argues that Singer's views do not pose the kind of threat to other legal and moral values which would license a suspension of his freedom of expression. I conclude that it is illegitimate to silence Singer, since he does not deny the right to live of his disabled opponents, but legitimate to protest against him, since he denies that some of their lives are worth living, in disregard of their own preferences.     

Stem cell research: a target article collection: Part II--what's in a name: embryos,clones, and stem cells

In 2001, the U.S. House of Representatives passed the "Human Cloning Prohibition Act" and President Bush announced his decision to allow only limited research on existing stem cell lines but not on "embryos." In contrast, the U.K. has explicitly authorized "therapeutic cloning." Much more will be said about bioethical, legal, and social implications, but subtleties of the science and careful definitions of terms have received much less consideration. Legislators and reporters struggle to discuss "cloning," "pluripotency," "stem cells," and "embryos," and whether "adult" are preferable to "embryonic" stem cells as research subjects. They profess to abhor "copying humans" or "killing embryos." Do they know what they are talking about? Do we? This paper explores the historical, philosophical, and scientific contexts that inform this heated discussion.     

Scheid on Punishment

I critically evaluate the notion of structure Ted Sider presents in Writing the Book of the World. A prerequisite to understanding Sider's notion of structure is understanding Sider's take on ideology and ontology. In Section II, I discuss this. In Section III, I consider arguments in favor of structure. In Section IV, I examine one debate that is considered by Sider to be nonsubstantive: the debate over modality. I conclude, in Section V, by examining the reception Writing the Book of the World has received in the philosophical community.     

A Confucian Perspective on Abortion

This essay seeks to introduce representative beliefs, attitudes, policies, and practices from the Confucian tradition concerning the ethical aspects of abortion and bring these into productive engagement with some of the best and most influential philosophical accounts of abortion available in contemporary Anglo-American philosophy. The essay begins with a discussion of the ethical dimensions of abortion and a critical review of two of the best and most influential contemporary Western accounts; it then moves on to describe and discuss an alternative Confucian approach. The aims are to demonstrate the resources within the Confucian tradition for providing a distinctive philosophical account of abortion and to show that comparative work has the potential to augment, amend, and ultimately enrich our understanding of this morally challenging aspect of human life.     

Thinking animals, disagreement, and skepticism

According to Eric Olson, the Thinking Animal Argument (TAA) is the best reason to accept animalism, the view that we are identical to animals. A novel criticism has been advanced against TAA, suggesting that it implicitly employs a dubious epistemological principle. I will argue that other epistemological principles can do the trick of saving the TAA, principles that appeal to recent issues regarding disagreement with peers and experts. I conclude with some remarks about the consequence of accepting these modified principles, drawing out some general morals in defending animalism.     

Kant on Intentionality,Magnitude, and the Unity of Perception

This paper addresses a number of closely related questions concerning Kant's model of intentionality, and his conceptions of unity and of magnitude [Gröβe]. These questions are important because they shed light on three issues which are central to the Critical system, and which connect directly to the recent analytic literature on perception: the issues are conceptualism, the status of the imagination, and perceptual atomism. In Section 1, I provide a sketch of the exegetical and philosophical problems raised by Kant's views on these issues. I then develop, in Section 2, a detailed analysis of Kant's theory of perception as elaborated in both the Critique of Pure Reason and the Critique of Judgment; I show how this analysis provides a preliminary framework for resolving the difficulties raised in Section 1. In Section 3, I extend my analysis of Kant's position by considering a specific test case: the Axioms of Intuition. I contend that one way to make sense of Kant's argument is by juxtaposing it with Russell's response to Bradley's regress; I focus in particular on the concept of ‘unity’. Finally, I offer, in Section 4, a philosophical assessment of the position attributed to Kant in Sections 2 and 3. I argue that, while Kant's account has significant strengths, a number of key areas remain underdeveloped; I suggest that the phenomenological tradition may be read as attempting to fill precisely those gaps.     

The evidential status of philosophical intuition

Philosophers have traditionally held that claims about necessities and possibilities are to be evaluated by consulting our philosophical intuitions; that is, those peculiarly compelling deliverances about possibilities that arise from a serious and reflective attempt to conceive of counterexamples to these claims. But many contemporary philosophers, particularly naturalists, argue that intuitions of this sort are unreliable, citing examples of once-intuitive, but now abandoned, philosophical theses, as well as recent psychological studies that seem to establish the general fallibility of intuition.In the first two sections of this paper, I evaluate these arguments, and also the counter-arguments of contemporary defenders of tradition. In the next two sections, I sketch an alternative account of the role of philosophical intuitions that incorporates elements of traditionalism and naturalism - and defend it against other such views. In the final section, however, I discuss intuitions about conscious experience, and acknowledge that my view may not extend comfortably to this case. This may seem unfortunate, since so much contemporary discussion of the epistemology of modality seems motivated by worries about the mind-body problem, and informed by the position one wishes to endorse. But, as I argue, if conscious experience is indeed an exception to the view I suggest in this paper, it is an exception that proves - and can illuminate - the rule.