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Beyond Skepticism Foundationalism and the New Fuzziness: the Role of Wide Reflective Equilibrium in Legal Theory Robert Justin Lipkin
Cornell Law Review Volume 75 Article 2 Issue 4 May 1990 Beyond Skepticism Foundationalism and the New Fuzziness: The Role of Wide Reflective Equilibrium in Legal Theory Robert Justin Lipkin Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Robert Justin Lipkin, Beyond Skepticism Foundationalism and the New Fuzziness: The Role of Wide Reflective Equilibrium in Legal Theory , 75 Cornell L. Rev. 810 (1990) Available at: http://scholarship.law.cornell.edu/clr/vol75/iss4/2 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. BEYOND SKEPTICISM, FOUNDATIONALISM AND THE NEW FUZZINESS: THE ROLE OF WIDE REFLECTIVE EQUILIBRIUM IN LEGAL THEORY Robert Justin Liphint TABLE OF CONTENTS INTRODUCTION .............................................. 812 I. FOUNDATIONALISM AND SKEPTICISM ..................... 816 A. The Problem of Skepticism ........................ 816 B. Skepticism and Nihilism ........................... 819 1. Theoretical and PracticalSkepticism ................ 820 2. Subjectivism and Relativism ....................... 821 3. Epistemic and Conceptual Skepticism ................ 821 4. Radical Skepticism ............................... 822 C. Modified Skepticism ............................... 824 II. NEW FOUNDATIONALISM -
Determinism: Philosophical and Theological Objections Klaus Müller
010 Muller_175 22-01-2013 12:35 Pagina 175 Determinism: Philosophical and Theological Objections Klaus Müller 1. A Telling Prefix In the second half of the 19th century, something peculiar happened to the English language. In an almost epidemical fashion, countless words were given the prefix “electro.” Electromagnetic waves had just been discovered, and hence everyone who sought to create a name for himself and wanted to be state-of-the-art would talk of “electro”-this and “elec- tro”-that until this new and fascinating technology became common- place and, therefore, uninteresting.1 Something very similar has been go- ing on with the prefix “neuro” for some time now, although this time the backgrounds are probably far more precarious. Neurosurgery and neu- robiology certainly designate a perfectly normal segment in science and research. The same holds true for neurophilosophy, I would say, as a sec- tor of a special theory of science. Still, the case is already different when it comes to neurolinguistics, neuroinformatics and, particularly, neurope- dagogy and neurojurisprudence. All these have long since become com- mon terms, designating processes and programmes which have a pro- found bearing on man’s self-understanding and whose ethical, social and political implications are far-reaching in practical life. Thus, in the case of neurojurisprudence, the concepts of guilt and responsibility that used to be taken for granted are dissolved, as, according to neurojurispru- dence, it is not mind and will which determine human actions, but neu- ronal dispositions. At the same time jurisdiction is being shifted towards prevention policy, since future culprits may be identified neuronally. -
View from the Archimedean Point
View from the Archimedean Point Susanne Kass Degree Thesis for Entrepreneurship in the Arts, Master of Culture and Art Master Degree Programme in Culture and Art Novia University of Applied Sciences Jakobstad 2016, Finland MASTER’S THESIS Author: Susanne Kass Degree Programme: Master of Culture and Arts Specialization: Entrepreneurship in the Arts Supervisors: Power Ekroth and Emma Westerlund Title: View from the Archimedean point ________________________________________________________ Date: 13.4.2016 Appendices: 2 Number of pages: 71 ________________________________________________________ Summary View from the Archimedean Point attempts to develop a method of reading art which draws on the theories of vision initiated by ancient Greek philosopher Archimedes and developed by Hannah Arendt in The Human Condition. Archimedes speculated that if he could find solid ground on which to stand and a long lever that he could shift the Earth. From this place he would also have a view of totality removed and distinguishable from the view allowed by his regular human capacities. Arendt developed this idea in relation to Descartes and the modern viewpoint which is assisted by technology. Here I attempt to outline the ways that artistic practice is connected to the human condition and how art has been affected by the many advancements in technology in both a practical and abstract sense. Digital tools may be useful but they can also radically affect values systems related to economic but also social and cultural value. By outlining some of the mechanisms which allow these shifts to occur and showing how images and ideas have functioned as Archimedean points in the past, I hope that it will give a basis for the model of using the Archimedean point as a tool for reading and thinking about art, which are then presented in applied examples from my own work in the appendices. -
A Philosophical Relevance? There Are Several Reasons Why the Answer to This Is Not Evident
Ethical and Aesthetical Aspects of Group Analysis Dieter Nitzgen, M.A. Group Analysis and Philosophy? As a primarily social-psychological theory, does group analysis also have a philosophical relevance? There are several reasons why the answer to this is not evident. One of these is well stated in M. Weegmann´s recent book on The World Within The Group (Weegman, 2014). Based on the work of H. Cohn (1996), he argues that ´Foulkes` ´wrote little on his philosophy, and what there is is dispersed and suggestive rather than systematic` (Weegmann, 2014, p.37). Whether this is a valid judgement we might leave suspended for the moment. Another argument put forward in favour of philosophy was given by G. Gödde. At the end of his essay on Schopenhauer and Psychoanalysis (2012), he argued that psychoanalysis as any other psychology ´is in need of a philosophical anthropology, because its basic assumptions depend on implicit philosophical concepts and preconceptions` (Gödde, 2012, p. 17; italics mine). According to Gödde, to reflect on its meta-theoretical foundations therefore is ´inevitable` (Gödde, 2012, p. 17). This clearly applies to group analysis too. This applies to group analysis too. Foulkes´ ´basic conviction` (Foulkes in Foulkes&Anthony 1984, p. 23), that ´Man is primarily a social being` (Foulkes in Foulkes&Anthony 1984, p. 234; italics mine) and his conclusion that ´the group is a more fundamental unit than the individual` (Foulkes in Foulkes&Anthony 1984, p. 23) obviously claim an anthropological validity that clearly exceeds the subject area of any psychology. A further argument was provided by Lacan who in his Rome discourse (Lacan, 1953) emphasized that what an analyst in his practice must be prepared to meet ´at its horizon` is ´the subjectivity of one´s time` (Lacan, 1953/2006, p.ö 264). -
Nachtzug Nach Lissabon
The ensemble is completed by a Scandinavian duo. The Swedish actress Lena Olin THE GERMAN SOCIETY OF beautifully brings the older Estafania to life. But it is Danish director Bille August who probably tops all the schauspielerischen Leistungen with his cinematic exposition of the PENNSYLVANIA beauty of Lisbon, foregrounding the romantic aura of the city via it’s narrow alleys and beautiful villas. The full color shots evoke an indelible aesthetic impression, contrasting Friday Film Fest Series starkly with Switzerland’s rainy Bern. The Philosophy Pascal Mercier quotes from the writings of Amadeu Prado as a device to exposit his own comprehensive philosophy. Philosophy is of course much better suited for a book where the logic and argumentation can be fully fleshed out in prose. In his writing he explores the eternal topics of mankind, God, religion, death and eternal life, the role of chance, free will, recognition of one self and others and time and space. In this philoso- phical prose lies the particular strength of his book. A movie is admittedly a rather lim- ited medium for such explorations. To compensate for this, herein is a small selection of aphorisms which may provide insight into Bieri’s philosophy: Es ist ein Irrtum zu glauben, die entscheidenden Momente eines Lebens, in denen sich seine gewohnte Richtung für immer ändert, müssten von lauter und greller Dramatik sein, unterspült von heftigen inneren Aufwallungen. Das ist ein kitschiges Märchen. … In Wahrheit ist die Dramatik einer lebensbestimmenden Erfahrung oft von unglaublich leiser Art. Sie ist dem Knall, der Stichflamme und dem Vulkanausbruch so wenig ver- wandt, dass die Erfahrung im Augenblick, wo sie gemacht wird, oft gar nicht bemerkt wird. -
Prof. Dr. Markus Werning (Date of Birth: 03.11.1970) Department Of
Prof. Dr. Markus Werning (date of birth: 03.11.1970) Department of Philosophy II Philosophy of Language and Cognition Ruhr University Bochum, 44780 Bochum Phone: (0234) 32-24734, Email: [email protected] 1 Research areas Philosophy of Language, Philosophy of Cognition, Epistemology, Semantics, Neurophilosophy 2 Academic education Heinrich-Heine University of Düsseldorf, 2005 Dr. phil. (summa cum laude) with a dissertation on The Compositional Brain: A Unification of Conceptual and Neuronal Perspectives Master of Arts, first class honors degree “sehr gut” in the two majors Philosophy 1999 and Physics, Thesis: Erkenntnis und Schlussfolgerung (Knowledge and Inference), supervisors: Prof. Dr. Peter Bieri, Prof. Dr. Holm Tetens, Free University of Berlin Rutgers University, the State University of New Jersey 1997-1998 Research Scholar, associated with the graduate program of philosophy and the cognitive science certificate program Postgraduate studies with the two majors Philosophy and Physics, Free University 1993-1999 of Berlin Undergraduate studies of Philosophy and („Diplom“-)Physics, University of Marburg 1992-1993 Civilian Service 1991-1992 Abitur, Altkönigschule Kronberg (grade: 1.1 “very good”) 1990 3 Academic positions Senior Fellow, ZiF Center for Advanced Studies, Bielefeld 2011/12 Professor (W2) for Philosophy of Language and Cognition, University of Bochum since 10/2009 Replacement Professor (C4) for the Chair of Theoretical Philosophy, University 4-7/2009 Mainz Lecturer (E13), University of Düsseldorf 2002-2009 Junior Lecturer -
New Archimedean Point for Intelligence and Foreign Policy - Reflexivity, Complexity & Culture
New Archimedean Point for Intelligence and Foreign Policy - Reflexivity, Complexity & Culture Lowell F. Christy Jr. Ph.D. Cultural Strategies Institute The talk/paper will expose the narrow epistemological foundations of current embodiments in Intelligence and Foreign Policy that results in Intelligence Failure, Blowback and Policy Missteps. Through the lens of the seven "sins" of omission or commission underlying current institutionalized concepts of art/craft of intelligence and formation/execution of foreign policy, the paper will propose HOW reflexivity, complexity and culture can overcome our epistemic malaise. The structure of the argument is based on case studies of METHODS for the use of mind resulting in a proposed TOOL KIT for establishing SUPPLY CHAINS of data, information, knowledge & wisdom (DIKW) that could rise to the mantle of "intelligence." There is an epistemological (science of knowing) revolution brewing in the worlds of intelligence and foreign policy. Paradigms of the past of what constitutes intelligence and how we perceive and interact with the "Other." are now counter productive. A breed of "warriors of the mind" are basing change on a new relationship between epistemology and ecology systems – an ecology of minds. Instead of the touch stones of truth based on being outside the system (God, Form, Reason, Science), intelligence is now being redefined as fields of self organizing, information processing organisms/organizations. What will the new intelligence and foreign policy look like? An Archimedean point (Punctum Archimedis")is a hypothetical perspective from which an observer can objectively perceive the subject of inquiry, with a view to the totality. The method of "removing oneself" from the object of study so that one can see it in relations to all other things has characterized Western thought from the Greeks, Medieval Europe, Western Enlightenment right up to the ways our intelligence agencies and foreign policy is conducted. -
Philosophy 427 Intuitions and Philosophy
Philosophy 427 Intuitions and Philosophy Russell Marcus Hamilton College Fall 2009 Class 2: Foundationalism Marcus, Intuitions and Philosophy, Fall 2009, Slide 1 Two foundationalist projects in the modern era P Rationalism, epitomized by Descartes P Empiricism, epitomized by Locke and Hume Marcus, Intuitions and Philosophy, Fall 2009, Slide 2 Descartes’s Meditations P Three skeptical hypotheses < Sense illusion < Dreaming < Demon deceiver P A “single Archimedean point”: knowledge of his mind: “I am, I exist, as long as I am thinking.” P God’s existence P A method of securing all the rest of his knowledge, ensured by the goodness of God P The rest of the details < the new Galilean science < some orthodox religious beliefs Marcus, Intuitions and Philosophy, Fall 2009, Slide 3 The synthetic presentation P Based on Euclid’s Elements < foundational claims in geometry gain universal agreement < metaphysical foundations are less obvious to the folk P The Elements < definitions: mainly unproblematic < five more general logical axioms, or common notions – not in question in geometry – In metaphysics, they are more contentious < five geometric postulates < The remaining propositions Marcus, Intuitions and Philosophy, Fall 2009, Slide 4 The parallel postulate P If a straight line falling on two straight a lines makes the interior angles on the same side less than two right angles, b the two straight lines, if produced indefinitely, meet on that side on a+b < ð which are the angles less than the two right angles. P Playfair’s postulate: given a line, and a point not on that line, there exists exactly one line which passes through the given point parallel to the given line. -
Negotiating Free Will: Hypnosis and Crime in Early
Negotiating Free Will NEGOTIATING FREE WILL: HYPNOSIS AND CRIME IN EARLY TWENTIETH-CENTURY GERMANY ANTHONY D. KAUDERS Keele University Abstract: The history of free will has yet to be written. With few exceptions, the literature on the subject is dominated by legal and philosophical works, most of which recount the ideas of prominent thinkers or discuss hypothetical questions far removed from specific historical contexts. The following paper seeks to redress the balance by tracing the debate on hypnosis in Germany from 1894 to 1936. Examining responses to hypnosis is tantamount to recording common understandings of autonomy and heteronomy, self-control and mind control, free will and automaticity. More specifically, it is possible to identify distinct philosophical positions related to the question as to whether hypnosis could surmount free will or not. The article demonstrates that the discourse often centered on the perceived struggle, located within a particular ‘personality’, between an individual’s ‘character’ or ‘soul’ and the infiltration by a foreign or hostile force. While one group (compatibilists) emphasized the resilience of the ‘moral inhibitions’, another group (henceforth called determinists) doubted that these were sufficient to withstand hypnosis. In December 1894, the Upper Bavarian Jury Court debated the nature of free will. Ceslav Lubicz-Cynski, a Polish-born teacher, hypnotist, and magnetizer, stood accused of having unlawfully seduced Hedwig von Zedlitz, a ‘respectable’ and ‘devout’ Saxon baroness. According to the state prosecutor, Cynski had employed suggestion to bring about a state of abulia (Willenlosigkeit) in his victim. Lacking free will, Zedlitz could no longer resist the defendant’s advances. The court had to decide whether Cynski’s skill as a hypnotist was 1 Negotiating Free Will responsible for a sexual crime (Verbrechen gegen die Sittlichkeit) or whether Zedlitz had simply fallen for the man’s foreign good looks. -
6. the Cogito
6. The Cogito • Procedural Work and Assessment • The Cartesian Background • Merleau-Ponty: the ‘tacit’ cogito Assessment • Procedural work: Friday Week 8 (Spring) – A draft/essay plan (up to 1500 words) • Tutorials: Week 10 (Spring) • Assessed work: Monday Week 2 (Summer) • Word limits – Second years: 2000-3000 – Third years: 3000-4000 – DO NOT EXCEED!!! Marking Criteria Mark 80 ! 100 Exceptional and outstanding work that presents original ideas which are clearly worked out and set in the context of a well-understood philosophical debate. 70 " 79 Excellent work that presents the issues clearly and accurately, which shows evidence of independent thought and critical reflection on the module material, and which displays a sophisticated grasp of the subtleties of the philosophical debate. 60 " 69 Good work that presents philosophical views and problems in an accurate and well- organized way, and which shows a solid grasp of the main issues and an ability to exercise philosophical judgment. 50"59 Satisfactory work that shows understanding of the main issues and familiarity with a decent range of module material. 40"49 Work that adequately presents a l imited range of relevant module material in a structured way. 35"39 Work that shows some understanding of a limited range of module material. 0 " 3 4 Work that shows little or no understanding of the basic issues covered in t he module material. Resources • Bibliographies – Module Outline and last slide of each lecture – Philosopher’s Index, available via the library’s website: http://www.york.ac.uk/library/subjects/philosophy.htm -
8. Acquisition of Freedom. Focusing on the Art of Living and the 5 1 6 Development of the Will in Pastoral Care – 7 Aneignung Der Freiheit
1 Wilfried Engemann 2 3 4 8. Acquisition of freedom. Focusing on the art of living and the 5 1 6 development of the will in pastoral care – 7 Aneignung der Freiheit. Lebenskunst und Willensarbeit in der 8 Seelsorge 9 10 11 12 Summary: The present text presents a discussion between pastoral care and practical 13 philosophy and is therefore linked to the beginnings of Oskar Pfister’s pastoral psychol- 14 ogy. It discusses the causes for the widely missing integration of practical-philosophical 15 impulses into pastoral care. The article examines what it means to focus on the art of living 16 within the field of pastoral care and how to work on basic skills, which are essential to living. In other words, how to lead a non-predetermined life under predetermined cir- 17 cumstances. In this context, nurturing an individual’s free and independent will plays an 18 essential role, which in view of specific social-psychological changes in society presents a 19 special challenge. 20 Zusammenfassung: Der vorliegende Beitrag führt einen Dialog zwischen Seelsorge und 21 Praktischer Philosophie und knüpft damit an die Anfänge der Pastoralpsychologie bei 22 Oskar Pfister an. Dabei werden die Hintergründe für die weithin fehlende Integration 23 praktisch-philosophischer Impulse in die Seelsorge diskutiert. Der Aufsatz erörtert, was es 24 heißt, Lebenskunst ins Blickfeld der Seelsorge zu rücken und an Basiskompetenzen zu 25 arbeiten, derer es bedarf, um leben zu können, d.h. unter vorgegebenen Bedingungen ein 26 nicht vorgegebenes Leben zu führen. In diesem Zusammenhang spielt die Aneignung 27 eines eigenen Willens eine wichtige Rolle, die angesichts spezifischer sozialpsychologi- 28 scher Veränderungen in der Gesellschaft eine besondere Herausforderung darstellt. -
Justin Broackes Selected Publications
Justin Broackes July 1999 – Associate Professor of Philosophy, Brown University Before coming to Brown in 1992, I was a Fellow of Oriel College, Oxford. I have been Visiting Fellow of Oriel College, Oxford (2000-2001); Visiting Professor, École Normale Supérieure, Paris; and I have been attached to the Institut Jean Nicod, CNRS, Paris (2003-2004). I am an Associate of the Vision Research Lab in the Harvard Psychology Department and a Member of the Center for Vision Research at Brown. Selected Publications Collection of Essays: Iris Murdoch, Philosopher: Essays by John Bayley, Iris Murdoch and 12 other contributors, with a ~100-page Introduction by Justin Broackes—(Oxford University Press, forthcoming) Articles and Essays in Books: ‘The Autonomy of Colour’, in D. Charles and K. Lennon, eds., Reduction, Explanation, and Realism (Oxford University Press, 1992), 421-65. —Reprinted in A. Byrne & D. Hilbert, eds., Readings on Color (MIT Press, 1997). ‘Hume’, ‘Jaundice’, ‘Backgammon’, ‘Reason as Slave of the Passions’, ‘Oar in Water’, ‘Clocks’, ‘Cement of the Universe’, ‘Hume’s Fork’, in T. Honderich, ed., Oxford Companion to Philosophy (Oxford, 1995), 74, 128, 137-8, 285, 377-81, 428, 631, 748. —‘Hume’ article Revised for 2nd edition (Oxford, 2005). ‘Extrinsic and Intrinsic Properties’, ‘Colors’, in D. M. Borchert, ed., Encyclopedia of Philosophy Supplement (Macmillan, 1996), 83-85, 170-71. ‘Hume’ (longer version of article in Oxford Companion to Philosophy), in T. Honderich, ed., Great Western Philosophers (Oxford, 1999). ‘Hume, Belief and Personal Identity’, in P. Millican, ed., Reading Hume on Human Understanding: Essays on the First Enquiry (Oxford University Press, 2002), 187-210.