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Our Principled Constitution, Mitchell N. Berman 2017 University of Pennsylvania Law School

Our Principled Constitution, Mitchell N. Berman

Faculty Scholarship

Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.

Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a ...


Ethical Reform In Bangladesh’S Ready Made Garment Industry: Building On The Alliance And The Accord, Serena Newhall 2017 Kennesaw State University

Ethical Reform In Bangladesh’S Ready Made Garment Industry: Building On The Alliance And The Accord, Serena Newhall

Siegel Institute Ethics Research Scholars

The Bangladeshi garment production industry was examined in terms of current building structure and fire safety mechanisms in place, and the opportunity to build upon those standards in order to strategically address growing market demands for ethically produced garments within the ready-made garment (RMG) industry. In determining whether Bangladesh’s RMG industry could pay above the country’s low minimum wage, and still remain competitive, a linear regression model was used to better understand and quantify the price sensitivity of the country’s RMG export products.


Content Individuation And Evolutionary Content Emergence, Yujian ZHENG 2017 San Jose State University

Content Individuation And Evolutionary Content Emergence, Yujian Zheng

Comparative Philosophy

This short paper addresses two connected issues which were brought to some focused light by Searle’s comments on my contributed article to the anthology Searle’s philosophy and Chinese Philosophy: Constructive Engagement. The first issue concerns the claim that animals cannot have observer-independent intentional content of the same type as that of human beings. The second is my denial that mental content can be merely caused in specific brain states, given its holistic and normative character. I defend my position on the second issue by distinguishing content individuation from content realization while I elaborate my relatively more sophisticated argument ...


The Perspective And Perspective-Transcending Dimensions Of Consciousness And Its Double-Aboutness Character: Bridging Searle And Zhuang Zi, Bo MOU 2017 San Jose State University

The Perspective And Perspective-Transcending Dimensions Of Consciousness And Its Double-Aboutness Character: Bridging Searle And Zhuang Zi, Bo Mou

Comparative Philosophy

What I intend to do here are closely related three things. First, in response to Searle’s “reply” comments on my previous article “Searle, Zhuang Zi, and Transcendental Perspectivism”, I will clarify and further elaborate one of the central points concerning the “perspective” dimension and “perspective-transcending” dimension of consciousness there. Second, more substantially, I will strengthen my point by explaining the “double-aboutness” character of consciousness which is intrinsically related to the foregoing two dimensions of consciousness concerning its “hooking-up-to-objects” capacity; through a semantic-ascent strategy, I will also explain how the point has substantial theoretic implications for exploring the issue of ...


Fiction As An Institution, A. P. MARTINICH 2017 San Jose State University

Fiction As An Institution, A. P. Martinich

Comparative Philosophy

John Searle and I agree about many important aspects about individual speech acts within fiction. I hope to reduce the area of disagreement by explaining how much work an analysis of fiction as linguistic behavior can do to solve the problems of truth and reference in fiction. The elements of the analysis include a concept of suspending H. P. Grice’s maxims of conversation, a view about criteria for the application of words and concepts, and the acceptance of institutions and institutional facts.


Searle And Buddhism On The Non-Self, Soraj HONGLADAROM 2017 San Jose State University

Searle And Buddhism On The Non-Self, Soraj Hongladarom

Comparative Philosophy

In this brief note I continue the discussion that I had with John Searle on the topic of the self and the possibility of continuity of consciousness after death of the body. The gist of Searle's reply to my original paper (Hongladarom 2008) is that it is logical possible, though extremely unlikely, that consciousness survives destruction of the body. This is a rather startling claim given that Searle famously holds that consciousness is the work of the body. Nonetheless, he claims that such issue is an empirical matter which could perhaps be discovered by future science. Another point concerns ...


Searle’S Master Insight And The Non-Dual Solution Of The Sixth Patriarch: Sorting Through Some Problems Of Consciousness, Robert E. ALLINSON 2017 San Jose State University

Searle’S Master Insight And The Non-Dual Solution Of The Sixth Patriarch: Sorting Through Some Problems Of Consciousness, Robert E. Allinson

Comparative Philosophy

The Platform Sutra, which dates back to the seventh century C.E., is one of the classic documents of Chinese philosophy and is the intellectual autobiography of Hui Neng, the Sixth Patriarch of Ch’an Buddhism. In the Platform Sutra, the Sixth Patriarch demonstrates that the spiritual and intellectual problems of consciousness stem from a false adherence to the dualistic standpoint. The Sixth Patriarch utilizes ingenious arguments to demonstrate how one can escape the problems of dualism. An example of a constructive engagement between Chinese philosophy and Searle is to compare and contrast the arguments of Hui Neng with those ...


Malagasy Time Conceptions, Casey WOODLING 2017 San Jose State University

Malagasy Time Conceptions, Casey Woodling

Comparative Philosophy

In this paper I discuss Øyvind Dahl’s argument (1995,1999) for the conclusion that Malagasy people conceive of the future as coming from behind them and not as being before them as most worldviews do. I argue that we have good reason not to attribute this view to Malagasy people. First, it would mark an inefficient and anomalous way of keeping track of the past and future. Second, the linguistic and testimonial evidence presented by Dahl doesn’t support the conclusion. Even though this specific argument fails, Dahl has many enlightening things to say about Malagasy time conceptions, such ...


Moral Practice In Late Stoicism And Buddhist Meditation, Michael GOERGER 2017 San Jose State University

Moral Practice In Late Stoicism And Buddhist Meditation, Michael Goerger

Comparative Philosophy

I argue in this essay that Stoic philosophers in the late Greco-Roman period utilized philosophical exercises and spiritual technologies similar in form to a meditative exercise currently practiced in Buddhism. I begin with an in-depth discussion of moral development in the late Stoa, focusing particularly on their theories of cosmopolitanism and oikeiōsis. These theoretical commitments, I argue, necessitated the adoption of exercises and practices designed to guide practitioners toward the goal of universal moral concern. Using insights gained from Buddhist practice, I identify passages in Stoic texts that call for and prescribe moral exercise. While much work in comparative philosophy ...


Between The Internal And The External: Kant’S And Patañjali’S Arguments For The Reality Of Physical Objects And Their Independence From Mind, Ana Laura FUNES MADEREY 2017 San Jose State University

Between The Internal And The External: Kant’S And Patañjali’S Arguments For The Reality Of Physical Objects And Their Independence From Mind, Ana Laura Funes Maderey

Comparative Philosophy

Although coming from two very different paths, both Kant and Patañjali present similar strategies to refute the skeptic argument that denies the real and independent existence of physical objects. This essay examines both strategies through the reconstruction of Kant’s and Patañjali’s twofold refutation of idealism: one based on the perceptual distinction between the real and the illusory, and the other one based on the ontological necessity of a permanent external object to understand change. I argue that the second strategy is philosophically stronger due to its phenomenological recognition of the body as a grounding point, and that this ...


Neither Ātman Nor Anattā: Tapering Our Conception Of Selfhood, Roman BRIGGS 2017 San Jose State University

Neither Ātman Nor Anattā: Tapering Our Conception Of Selfhood, Roman Briggs

Comparative Philosophy

I provide critical discussion of conception of and talk of psychic integration which I take to be both excessive and deficient; these viciously extreme positions are championed by the Apostle Paul and St. Augustine (and both their religious and their secular cultural descendants in the West), and by Jacques Lacan and María Lugones (and their contemporaries), respectively. I suggest that we must negotiate a Buddhist-inspired understanding located between these extremes in endorsing any acceptable conception of the self, generally speaking—a conception which, contra the strong antirealist about selves, allows for the continued use of selfhood in everyday discourse, but ...


Editor's Words, 2017 San Jose State University

Editor's Words

Comparative Philosophy

No abstract provided.


Vol 8 No 1 Contents Page, 2017 San Jose State University

Vol 8 No 1 Contents Page

Comparative Philosophy

No abstract provided.


Vol 8 No 1 Information Page, 2017 San Jose State University

Vol 8 No 1 Information Page

Comparative Philosophy

No abstract provided.


Vol 8 No 1 Cover Page, 2017 San Jose State University

Vol 8 No 1 Cover Page

Comparative Philosophy

No abstract provided.


The Search For Certainty: A Pragmatist Critique Of Society’S Focus On Biological Childbearing, Jamie P. Ross 2017 Portland State University

The Search For Certainty: A Pragmatist Critique Of Society’S Focus On Biological Childbearing, Jamie P. Ross

Jamie P Ross

The Search for Certainty: A Pragmatist Critique of Society’s Focus on Biological Childbearing Abstract I suggest that a form of biological determinism rests on what philosopher John Dewey calls a misplaced “search for certainty.” This search is a process whereby a constructed desire is normalized within a cultural context and naturalized in the body in a manner that substantiates the desire as predictable. Predictability, therefore, justifies a biological basis of desire. In this paper I focus specifically on a desire to bear or produce a biological child: a desire that becomes predictable within a medical model of emotion based ...


God And Eternal Boredom, Attila Tanyi, Vuko Andric 2016 University of Liverpool

God And Eternal Boredom, Attila Tanyi, Vuko Andric

Attila Tanyi

God is thought to be eternal. Does this mean that he is timeless? Or is he, rather, omnitemporal? In this paper we want to show that God cannot be omnitemporal. Our starting point, which we take from Bernard Williams’ article on the Makropulos Case, is the intuition that it is inappropriate for persons not to become bored after a sufficiently long sequence of time has passed. If God were omnitemporal, he would suffer from boredom. But God is the greatest possible being and therefore cannot be bored. God, hence, is not omnitemporal. After the presentation of our argument, we address ...


Choosing To Choose: The Impact Of Technology On Choice, Aaron J. Alford 2016 Cedarville University

Choosing To Choose: The Impact Of Technology On Choice, Aaron J. Alford

Channels: Where Disciplines Meet

The development of modern technology has increasingly focused on efficiency over expression. Interfaces limit and scale down human choice and expression. Entertainment and communication now use interfaced technology for even basic human expression, artificially limiting the number of potential choices to the options presented by the interface. The logic of technology has become a totalizing phenomenon, bringing all areas of human life under it purview. According to Heidegger, Ellul, and Flusser, the result of this development is a different way of being-in-the-world for humans. The traditional man has been the constant in production and communication, which the medium and technology ...


The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414 2016 University of Arizona

The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen 2564414

Mathal

The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...


The Death Of The Duke And The Duchess Of Cambridge: An Astounding Astrological Revelation, Kedar Joshi 2016 University of Cambridge

The Death Of The Duke And The Duchess Of Cambridge: An Astounding Astrological Revelation, Kedar Joshi

Kedar Joshi

This article is expected to be intelligible to only those people who have a good level of experience and understanding of astrology, esp. Hindu astrology (Jyotisha).

[I have made some deliberate changes to the actual astrological data; e.g. Diana’s ascendant is Scorpio, William’s ascendant is Sagittarius, and so on. Sorry, but I don’t wish to spoon-feed each and every thing; Rahu as I am after all.]

Diana, Princess of Wales died a horrible death on 31 August 1997. She was born on Shanivār (Saturday), the day of Shani (Saturn), the God of tragedy and misfortune. According ...


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