“Due process of law” is arguably the most controversial and frequently-litigated phrase in the American Constitution. Although the dominant originalist view has long been that Fifth and Fourteenth Amendment’s Due Process of Law Clauses are solely “process” guarantees and don’t constrain the “substance” of legislation at all, originalist scholars have in recent years made fresh inquiries into the historical evidence and concluded that there’s a weighty case for some form of substantive due process. In this Article, we review and critique (...) these findings employing our theory of good-faith originalist interpretation and construction. We begin by investigating the “letter” of the Due Process of Law Clauses — that is, the original meaning of their texts. Next, to develop doctrine by which this meaning can be implemented, we identify the clauses’ original function — their “spirit” — of barring arbitrary exercises of power over individuals that rest upon mere will rather than constitutionally proper reasons. We contend that the original letter and spirit of the “due process of law” in both clauses requires federal and state legislators to exercise their discretionary powers in good faith by enacting legislation that is actually calculated to achieve constitutionally proper ends and imposes a duty upon both state and federal judges to make a good-faith determination of whether legislation is calculated to achieve constitutionally proper ends. Finally, we confront hard questions concerning the scope of the states’ reserved powers, acknowledging the flaws in the “police-power” jurisprudence associated with the so-called “Lochner era” and we delineate an approach that will better safeguard all “person(s)” against arbitrary power. By so doing, we assist state and federal legislators by providing clarity concerning the constitutionally proper ends that federal and state legislators can pursue; aid state and federal judges by equipping them to review legislators’ pursuit of those ends; and help members of the public by enabling them to monitor the performance of their legislative and judicial agents. (shrink)

In this paper, I reinterpret Kant’s Transcendental Analytic as a description of a cognitive architecture. I describe a computer implementation of this architecture, and show how it has been applied to two unsupervised learning tasks. The resulting program is very data efficient, able to learn from a tiny handful of examples. I show how the program achieves data-efficiency: the constraints described in the Analytic of Principles are reinterpreted as strong prior knowledge, constraining the set of possible solutions.

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

The question has long confounded philosophers and scientists, and it is this so-called explanatory gap between biological life and consciousness that Evan ...

Critically engages the work of the philosopher Don Ihde.

Finding Oz tells the remarkable story behind one of the world’s most enduring and best-loved books. Offering profound new insights into the true origins and meaning of L. Frank Baum’s 1900 masterwork, it delves into the personal turmoil and spiritual transformation that fueled Baum’s fantastical parable of the American Dream. Before becoming an impresario of children’s adventure tales, the J. K. Rowling of his age, Baum failed at a series of careers and nearly lost his soul before setting out on (...) a journey of discovery that would lead to the Land of Oz. Drawing on original research, Evan Schwartz debunks popular misconceptions and shows how the people, places, and events in Baum’s life gave birth to his unforgettable images and characters, from the Yellow Brick Road to the Emerald City to the dual view of witches that reflected the life of Baum’s mother-in-law, the radical women’s rights leader Matilda Joslyn Gage. A narrative that sweeps across late-nineteenth-century America, Finding Oz ultimately reveals how failure and heartbreak can sometimes lead to redemption and bliss, and how one individual can ignite the imagination of the entire world. (shrink)

How is human social intelligence engaged in the course of ordinary conversation? Standard models of conversation hold that language production and comprehension are guided by constant, rapid inferences about what other agents have in mind. However, the idea that mindreading is a pervasive feature of conversation is challenged by a large body of evidence suggesting that mental state attribution is slow and taxing, at least when it deals with propositional attitudes such as beliefs. Belief attributions involve contents that are decoupled (...) from our own primary representation of reality; handling these contents has come to be seen as the signature of full-blown human mindreading. However, mindreading in cooperative communication does not necessarily demand decoupling. We argue for a theoretical and empirical turn towards “factive” forms of mentalizing here. In factive mentalizing, we monitor what others do or do not know, without generating decoupled representations. We propose a model of the representational, cognitive, and interactive components of factive mentalizing, a model that aims to explain efficient real-time monitoring of epistemic states in conversation. After laying out this account, we articulate a more limited set of conversational functions for nonfactive forms of mentalizing, including contexts of meta-linguistic repair, deception, and argumentation. We conclude with suggestions for further research into the roles played by factive versus nonfactive forms of mentalizing in conversation. (shrink)

This book represents the first major attempt by any author to provide an integrated account of the evidence for bias in human reasoning across a wide range of disparate psychological literatures. The topics discussed involve both deductive and inductive reasoning as well as statistical judgement and inference. In addition, the author proposes a general theoretical approach to the explanations of bias and considers the practical implications for real world decision making. The theoretical stance of the book is based on a (...) distinction between preconscious heuristic processes which determine the mental representation of 'relevant' features of the problem content, and subsequent analytic reasoning processes which generate inferences and judgements. Phenomena discussed and interpreted within this framework include feature matching biases in propositional reasoning, confirmation bias, biasing and debiasing effects of knowledge on reasoning, and biases in statistical judgement normally attributed to 'availability' and 'representativeness' heuristics. In the final chapter, the practical consequences of bias for real life decision making are considered, together with various issues concerning the problem of 'debiasing'. The major approaches discussed are those involving education and training on the one hand, and the development of intelligent software and interactive decision aids on the other. (shrink)

Engagements with Contemporary Literary and Critical Theory is a wide-ranging but accessible introduction that illuminates the field of theory through a variety of useful and relevant examples. Covering all key theories and theorists, this book looks at the relation of theory to form, discourses, subjectivity, media and networks, and environments. Organized thematically, Engagements with Contemporary Literary and Critical Theory illuminates the field by focusing on the concepts and methodologies of key thinkers, while also providing historical introductions that contextualize the latest (...) developments with regard to forms; discourses; subjectivities and embodiments; media, networks, and machines; and animals, affects, objects, and environments. Each chapter includes examples from a canonical novel, a contemporary text, and a new media artefact, while textboxes regularly introduce additional emerging or overlooked theorists of interest. An ideal guide for undergraduates studying literary theory, this book will give readers the background they need to continue their own fruitful explorations of this vibrant field of study. (shrink)

God and moral obligations -- What is a divine command theory of moral obligation? -- The relation of divine command theory to natural law and virtue ethics -- Objections to divine command theory -- Alternatives to a divine command theory -- Conclusions: The inescapability of moral obligations.

‘Virtue signaling’ is the practice of using moral talk in order to enhance one’s moral reputation. Many find this kind of behavior irritating. However, some philosophers have gone further, arguing that virtue signaling actively undermines the proper functioning of public moral discourse and impedes moral progress. Against this view, I argue that widespread virtue signaling is not a social ill, and that it can actually serve as an invaluable instrument for moral change, especially in cases where moral argument alone does (...) not suffice. Specifically, virtue signaling can change the broader public’s social expectations, which can in turn motivate the adoption of new, positive social norms. I also argue that the reputation-seeking motives underlying virtue signaling impose important constraints on virtue signalers’ behavior, which serve to keep the worst excesses of virtue signaling in check. (shrink)

This is a preprint draft. Please cite published version (DOI: 10.1111/mila.12385). The aim of this paper is to provide a novel analysis of anorexia nervosa (AN) in the context of the sense of agency literature. I first show that two accounts of anorexia nervosa that we ought to take seriously— i.e., the first personal reports of those who have experienced it firsthand as well as the research that seeks to explain anorexic behavior from an empirical perspective— appear to be thoroughly (...) in tension with one another in their descriptions of anorexic actions. Rather than proceeding at this point by way of disregarding anorexic testimony as meaningless or insincere, I instead offer a positive account of the sense of agency in anorexia nervosa that renders these two depictions compatible. The resultant picture of anorexic behavior is one that accommodates current empirical findings while also providing valuable insight into how it is that anorexics can sincerely report feeling fully in control over their food restriction. (shrink)

Ethnic cleansing and other methods of political and social exclusion continue to thrive in our globalized world, complicating the idea that unity and diversity can exist in the same society. When we emphasize unity, we sacrifice heterogeneity, yet when we stress diversity, we create a plurality of individuals connected only by tenuous circumstance. As long as we remain tethered to these binaries, as long as we are unable to imagine the sort of society we want in an age of diversity, (...) we cannot achieve an enduring solution to conflicts that continue unabated despite our increasing proximity to one another. By envisioning the public as a multivoiced body, Fred Evans offers a solution to the dilemma of diversity. The multivoiced body is both one and many: heterogeneous voices that at once separate and bind themselves together through their continuous and creative interplay. By focusing on this traditionally undervalued or overlooked notion of voice, Evans shows how we can valorize simultaneously the solidarity, diversity, and richness of society. Moreover, recognition of society as a multivoiced body helps resists the pervasive countertendency to raise a chosen discourse to the level of "one true God," "pure race," or some other "oracle" that eliminates the dynamism of contesting voices. To support these views, Evans taps the major figures and themes of analytic and continental philosophy as well as modernist, postmodernist, postcolonial, and feminist thought. He also turns to sources outside of philosophy to address the implications of his views for justice, citizenship, democracy, and collective as well as individual rights. Through the seemingly simple conceit of a multivoiced body, Evans straddles both philosophy and political practice, confronting issues of subjectivity, language, communication, and identity. For anyone interested in moving toward a just society and politics, _The Multivoiced Body_ offers an innovative approach to the problems of human diversity and ethical plurality. (shrink)

The practice of rights thinking is desirable in modern societies but its scope is restricted by concern for utility and the demands of personal relationships. The result is a hybrid practice no part of which is a foundation for the others. Differences between pure rights thinking, theories of rights and rights talk support a moral pragmatism for which the objects of moral thinking are not decided a priori. The argument draws upon the historical context provided by Bentham, Burke, Locke and (...) Marx. Contemporary views discussed include contributions by Richard Flathman and Beth Singer and Charles Taylor. (shrink)

Character judgments play an important role in our everyday lives. However, decades of empirical research on trait attribution suggest that the cognitive processes that generate these judgments are prone to a number of biases and cognitive distortions. This gives rise to a skeptical worry about the epistemic foundations of everyday characterological beliefs that has deeply disturbing and alienating consequences. In this paper, I argue that this skeptical worry is misplaced: under the appropriate informational conditions, our everyday character-trait judgments are in (...) fact quite trustworthy. I then propose a mindreading-based model of the socio-cognitive processes underlying trait attribution that explains both why these judgments are initially unreliable, and how they eventually become more accurate. (shrink)

To demarcate the limits of experimental knowledge, we probe the limits of what might be called an experiment. By appeal to examples of scientific practice from astrophysics and analogue gravity, we demonstrate that the reliability of knowledge regarding certain phenomena gained from an experiment is not circumscribed by the manipulability or accessibility of the target phenomena. Rather, the limits of experimental knowledge are set by the extent to which strategies for what we call ‘inductive triangulation’ are available: that is, the (...) validation of the mode of inductive reasoning involved in the source-target inference via appeal to one or more distinct and independent modes of inductive reasoning. When such strategies are able to partially mitigate reasonable doubt, we can take a theory regarding the phenomena to be well supported by experiment. When such strategies are able to fully mitigate reasonable doubt, we can take a theory regarding the phenomena to be established by experiment. There are good reasons to expect the next generation of analogue experiments to provide genuine knowledge of unmanipulable and inaccessible phenomena such that the relevant theories can be understood as well supported. This article is part of a discussion meeting issue ‘The next generation of analogue gravity experiments’. (shrink)

This article proposes that Horace's Epodes and Ovid's Metamorphoses open with significant acrostics that comprise the first two letters, in some cases forming syllables, of successive lines: IB-AM/IAMB (Epod. 1.1–2) and IN-CO-(H)AS (Met. 1.1–3). Each acrostic, it will be argued, tees up programmatic concerns vital to the work it opens: generic identity and the interrelation of form and content (Epodes), etymology and monumentality (Metamorphoses). Moreover, as befits their placement at the head of collections, both acrostics negotiate the challenge of literary (...) commencement. The introduction reviews recent developments in acrostic studies and discusses important predecessors and parallels for Horace's and Ovid's ‘two-letter’ and syllabic acrostics. Two subsequent sections examine the acrostics singly, and a conclusion compares the dialogues that these acrostics open between author and reader, underscoring the welcome challenge which Ovid's acrostic offers to the prevailing scholarly view that this form of wordplay is a strictly visual affair. (shrink)

It is time to bring the rich resources of these traditions into the contemporary debate about the nature of self. This volume is the first of its kind.

What does it mean to live dangerously? This is not just a philosophical question or an ethical call to reflect upon our own individual recklessness. It is a deeply political issue, fundamental to the new doctrine of 'resilience' that is becoming a key term of art for governing planetary life in the 21st Century. No longer should we think in terms of evading the possibility of traumatic experiences. Catastrophic events, we are told, are not just inevitable but learning experiences from (...) which we have to grow and prosper, collectively and individually. Vulnerability to threat, injury and loss has to be accepted as a reality of human existence. In this original and compelling text, Brad Evans and Julian Reid explore the political and philosophical stakes of the resilience turn in security and governmental thinking. Resilience, they argue, is a neo-liberal deceit that works by disempowering endangered populations of autonomous agency. Its consequences represent a profound assault on the human subject whose meaning and sole purpose is reduced to survivability. Not only does this reveal the nihilistic qualities of a liberal project that is coming to terms with its political demise. All life now enters into lasting crises that are catastrophic unto the end. (shrink)

Finding Oz tells the remarkable story behind one of the world’s most enduring and best-loved books. Offering profound new insights into the true origins and meaning of L. Frank Baum’s 1900 masterwork, it delves into the personal turmoil and spiritual transformation that fueled Baum’s fantastical parable of the American Dream. Before becoming an impresario of children’s adventure tales, the J. K. Rowling of his age, Baum failed at a series of careers and nearly lost his soul before setting out on (...) a journey of discovery that would lead to the Land of Oz. Drawing on original research, Evan Schwartz debunks popular misconceptions and shows how the people, places, and events in Baum’s life gave birth to his unforgettable images and characters, from the Yellow Brick Road to the Emerald City to the dual view of witches that reflected the life of Baum’s mother-in-law, the radical women’s rights leader Matilda Joslyn Gage. A narrative that sweeps across late-nineteenth-century America, Finding Oz ultimately reveals how failure and heartbreak can sometimes lead to redemption and bliss, and how one individual can ignite the imagination of the entire world. (shrink)

In both Metaphysics Γ 4 and 5 Aristotle argues that Protagoras is committed to the view that all contradictions are true. Yet Aristotle’s arguments are not transparent, and later, in Γ 6, he provides Protagoras with a way to escape contradictions. In this paper I try to understand Aristotle’s arguments. After examining a number of possible solutions, I conclude that the best way of explaining them is to (a) recognize that Aristotle is discussing a number of Protagorean opponents, and (b) (...) import another of Protagoras’ views, namely the claim that there are always two logoi opposed to one another. (shrink)

Clinical ethics consultants (CECs) are not moral authorities. Standardization of CECs’ professional role does not confer upon them moral authority. Certification of particular CECs does not confer upon them moral authority (nor does it reflect such authority). Or, so we will argue. This article offers a distinctly Orthodox Christian response to those who claim that CECs—or any other academically trained bioethicist—retain moral authority (i.e., an authority to know and recommend the right course of action). This article proceeds in three parts. (...) First, we discuss recent movements toward the certification of CECs in the United States, focusing primarily on proposals and programs put forth by the American Society for Humanities and Bioethics (ASBH). Second, we outline two secular reasons to be concerned about the relevant trends toward certification. For one thing, certification is currently being advanced via political dominance, rather than gaining authority by reliance on rigorous philosophical argument or reason. For another, the trends operate on the assumption that there exists a secular, content-full, canonical, morality. There is no such morality. Next, we argue that Orthodox Christians should resist the current trends toward certification of CECs. Specifically, we unpack ways in which the ASBH’s certification program (and those like it) conflict with Orthodox claims about moral authority and the moral life more generally. We conclude that Orthodox Christians should resist the current certification trends. (shrink)

So-called ‘gain-of-function’ (GOF) research is virological research that results in a virus substantially more virulent or transmissible than its wild antecedent. GOF research has been subject to ethical analysis in the past, but the methods of GOF research have to date been underexamined by philosophers in these analyses. Here, we examine the typical animal used in influenza GOF experiments, the ferret, and show how despite its longstanding use, it does not easily satisfy the desirable criteria for ananimal model. We then (...) discuss the limitations of the ferret model, and how those epistemic limitations bear on ethical and policy questions around the risks and benefits of GOF research. We conclude with a reflection on how philosophy of science can contribute to ethical and policy debates around the risks, benefits and relative priority of life sciences research. (shrink)

Plato's closing reference to the Iliad in the Sophist has been largely overlooked in contemporary scholarship. The reference, a quotation from the confrontation between Glaucus and Diomedes in Book 6, forms part of a broader frame to the dialogue. The frame, with its recurring themes of identification and misidentification, helps us make better sense of the dialogue's final description of the sophist and its central concerns about the relationship between philosophy and sophistry. It also provides a revealing case study of (...) Plato's use of Homer as part of a broader strategy for undermining simple appeals to authority. (shrink)

Introduction i This book is about how we study history, how we research and write about it, and how we read it. In the postmodern age, historians are being ...

This paper discusses two broadly logical issues related to Protagoras’ measure doctrine (M) and the self-refutation argument (SRA). First, I argue that the relevant interpretation of (M) has it that every individual human being determines all her own truths, including the truth of (M) itself. I then turn to what I take to be the most important move in the SRA: that Protagoras recognises not only that his opponents disagree with him about the truth of (M), but also that they (...) hold that (M) is false simpliciter. By recognising that his opponents do not make the relativising concession he makes for them, he is forced to accept that (M) is false. I go on to argue that several other defenders of the SRA end up with a regress which is difficult to end and might not favour anti-Protagoreans. On my reading, by recognising what his opponents believe, Protagoras is barred from adding qualifiers, and the possible regress doesn’t get off the ground. I conclude with brief discussions of how Protagoras might try to avoid the result of the SRA and the argument’s role in this part of the Theaetetus. (shrink)

This chapter examines the concepts of revelation and faith, as well as their relation to one another. The idea of revelation common to Judaism, Christianity, and Islam can be divided in different ways: general revelation and specific revelation, propositional revelation and non-propositional revelation. I argue that an account of specific revelation is most rich when both propositional and non-propositional kinds of revelation are admitted. I also explore why the more recent non-propositional conceptions became relevant due to the controversies concerning the (...) inspiration, inerrancy, and infallibility of scripture. The concept of faith stands parallel to that of revelation, as it too embodies both a sense of belief in a set of propositions as well as a trusting relationship with God inexpressible, in part, by propositions. I then examine the role of reason in religious faith and particularly the many ways the two might relate between the poles of religious rationalism and fideism. (shrink)

C. Stephen Evans provides a clear, readable introduction to Søren Kierkegaard (1813–55) as a philosopher and thinker. His book is organised around Kierkegaard's concept of the three 'stages' or 'spheres' of human existence, which provide both a developmental account of the human self and an understanding of three rival views of human life and its meaning. Evans also discusses such important Kierkegaardian concepts as 'indirect communication', 'truth as subjectivity', and the Incarnation understood as 'the Absolute Paradox'. Although his discussion emphasises (...) the importance of Christianity for understanding Kierkgaard, it shows him to be a writer of great interest to a secular as well as a religious audience. Evans' book brings Kierkegaard into conversation with western philosophers past and present, presenting him as one who gives powerful answers to the questions which philosophers ask. (shrink)

In this paper I lay out what I take to be the crucial insights in Susan Bordo's "Feminist Skepticism and the 'Maleness' of Philosophy" and point out some additional difficulties with the skeptical position. I call attention to an ambiguity in the nature or content of the "maleness" of philosophy that Bordo identifies. Finally, I point out that, unlike some feminist skeptics, Bordo never loses sight in her work of women's lived experiences.

The purpose of medical humanities is to improve the delivery of effective health care through a better understanding of disease in society, and in the individual. The interfaces between the science of medicine and the arts, philosophy, sociology and law interpret causes and effects of disease. The field of medical ethics is the most prominent offspring of this wider debate, yet the context of disease in the life of the individual and of society is profound and far-reaching. The influences of (...) medicine on the humanities and vice versa are all around, yet only recently have they been recognised in the wider world of health care. How can you encapsulate the essence of medical humanities and teach it to health professionals? Medical Humanities is designed to fill the need for a clear, well illustrated text that both provides the principles for the individual reader, and encourages discussion. The issues are explored in four main sections. Based on a highly successful seminar, and with contributions from leading writers, thinkers, and teachers, this book provides a comprehensive and authoritative reference for what is becoming a professional requirement in medicine. It will be invaluable for clinicians and students alike. (shrink)

This volume collects thirteen papers by one of the leading philosophers of his generation, who died prematurely in 1980.

This authoritative and lively exploration of the theories of contemporary feminism covers all the major variants of feminist political thought from the "traditional" schools of the women's movement-particularly radical, liberal, and socialist-to today's postmodern texts. Feminist Theory Today examines the epistemological challenge from critical legal theory and postmodernist thought; the divergences within, as well as between, feminist schools; and the protests from women marginalized by the feminist movement, including those who are lesbian and those who are black. It also interrogates (...) the dialectic equality and difference and reconceptualizes this pervasive tenet of feminist thought. Author Judith Evans documents the changes in socialist feminism from its revolutionary origins to its current focus on modifying liberal democratic forms. Students and teachers of women's studies, sociology, and political theory will find this an authoritative and lively exploration of the theories of contemporary feminism. It is also essential reading for anyone seeking to understand why the women's movement is as it is today. (shrink)

Marjorie Shostak's ethnography, Nisa: The Life and Words of a !Kung Woman, is analyzed as a case study of feminist social science. Three principles of feminist research are suggested as standards for evaluation. After discussion of the principles and analysis of the text, I raise a criticism of the principles as currently sketched. The entire project is framed by the question of how best to resolve conflict between researcher and participant accounts.

Catharine MacKinnon's investigation of the role of sexuality in the subordination of women is a logical culmination of radical feminist thought. If this is correct, the position of her work relative to radical feminism is analogous to the place Parmenides's work occupied in ancient Greek philosophy. Critics of MacKinnon's work have missed their target completely and must engage her work in a different way if feminist theory is to progress past its current stalemated malaise.

"Reason is not passion's slave." Rather, the author argues, reason appraises the cultural appropriateness of passion, thus directing our attitudinal behaviour. He refutes those theories of value which correspond philosophically to societies described by Jean-Jacques Rousseau: societies of "honour without virtue, reason without wisdom, pleasure without happiness." His argument, which takes into account traditional philosophic positions, is divided into five parts: Attitudes, Evaluation, Characterization, Culture, Morality.

"Reason is not passion's slave." Rather, the author argues, reason appraises the cultural appropriateness of passion, thus directing our attitudinal behaviour. He refutes those theories of value which correspond philosophically to societies described by Jean-Jacques Rousseau: societies of "honour without virtue, reason without wisdom, pleasure without happiness." His argument, which takes into account traditional philosophic positions, is divided into five parts: Attitudes, Evaluation, Characterization, Culture, Morality.