Arts and Humanities Commons^™

A Transcendental Argument For Liberalism, Samuel C. Rickless

San Diego Law Review

Liberalism is the view that the state should not, except on mutually justifiable grounds, coerce a society’s citizens to adopt, support, or follow some particular comprehensive conception of the good. So understood, a liberal state, by definition, permits each citizen a zone of freedom delimited by her own understanding of the ingredients of a happy life. Liberalism, as a normative theory governing state–citizen (and, indirectly, citizen–citizen) relations, is opposed by various forms of totalitarianism, including theocracy and communism. A theocratic state is one that imposes a particular religious form of life on its citizens, and thereby restricts their freedom to …

Alexander On Koppelman On Alexander, Larry Alexander

San Diego Law Review

In my book Is There a Right of Freedom of Expression?, I argued that liberalism, to the extent it is defined by a commitment to freedom of illiberal speech, illiberal religions, and illiberal associations, is at its core paradoxical. For, I argued, if liberalism is the correct political philosophy, it must regard illiberal thought and its manifestations in action and policy as fundamentally mistaken. And these mistaken illiberal views cannot be deemed by the liberal to have value as views, except perhaps for whatever instructive value they might have in getting people to see the truth of liberalism. When such …

The Porn Myth: Exposing The Myth Behind The Fantasy Of Pornography By Matt Fradd, Donald L. Hilton Jr.

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Dignity, Rights, And The Role Of Consent In German Criminal Law, Kapsaski Ifigeneia

San Diego Law Review

This Article addresses the issue of protecting human dignity as a ground and a threshold for criminalization. Human dignity can be either a limit to the scope of criminal law or a reason that justifies criminalization. This inquiry will be conducted through the referral to two German cases regarding consensual conduct. The first concerns consensual maiming and killing of a person and the second concerns consensual incest between two adult siblings. This Article does not further examine questions on the ontology of consent; neither does it examine questions regarding validity of consent as rational and voluntary. The issue discussed here …

Why Liberal Tolerance, Rightly Understood, Is Coherent And Defensible, William A. Galston

San Diego Law Review

One of the most familiar criticisms of liberal democracy is that it cannot defend itself against its enemies while remaining true to its principles. This criticism is odd as well as unjust because theorists regarded as arch-liberals offer compelling reasons to reject it. . .

An Unjust Dogma: Why A Special Right To Religion Wrongly Discriminates Against Non-Religious Worldviews, Kenneth Einar Himma

San Diego Law Review

In this Article, I will argue that a special right to religious freedom is not morally warranted, and that hence such a right illicitly discriminates against non-religious worldviews. The principal argument here is that there is no adequate reason to think that religious worldviews implicate any interests distinct from those implicated by non-religious worldviews. While it is certainly true that religious worldviews warrant, as a matter of political morality, all the protections that non-religious worldviews receive, there is good reason to question what seems to have become a dogma among Western nations—namely, that religious worldviews deserve special protection....

Unparadoxical Liberalism, Andrew Koppelman

San Diego Law Review

Larry Alexander argues that liberalism is internally incoherent because it contains a paradox: it is committed to toleration, but if it tolerates illiberal ideas and practices it betrays itself. The paradox does not exist. Liberalism aims to tolerate as much diversity as it can consistent with the preservation of the liberal project. It has distinctive reasons to tolerate illiberal ideas, since it aims to be adopted by the citizenry consciously and with a full understanding of the alternatives. How much diversity can, in practice, be tolerated is a contingent question dependent on the facts of any particular time and place. …

Liberalism And Tolerance, William Voegeli

San Diego Law Review

I began by raising the possibility that tolerance is minor issue, having no bearing on whether liberalism works out or makes sense. I conclude by noting that it is a central question, for liberalism and politics in general. Tolerance is important because intolerance is important. “Anything Goes” is one of Cole Porter’s best songs, but is unlikely to become any country’s national anthem. The questions of what doesn’t go, and why, and how to prevent it from going any further, explain a great deal about the political ideologies of our era, as well as the premises on which social orders …

The Machiavellian Case Against Legal Moralism, Luis Pereira Coutinho

San Diego Law Review

In this paper, “legal moralism” is to be understood in a wide sense as the promotion, outright coercive, or otherwise, of conceptions of the good by the state—assuming in a Kelsenian way that any state action means legal action. Under consideration is the possibility of excluding the good from the bounds of the law under a theory of political right of Machiavellian origin. Anticipating the conclusion, this paper will seek to verify whether the Machiavellian case is the only one excluding the good from the bounds of the law in a coherent manner, regardless of its merits and the inherent …

Revisiting The Hart-Devlin Debate: At The Periphery And By The Numbers, James Allan

San Diego Law Review

We are not yet at the stage when trying to say something new about the well-known Hart-Devlin debate is like attempting to give a novel take on the Old Testament, or on William Shakespeare’s plays—or life for that matter—or even on the music of The Beatles. But then again those analogies are not wholly misplaced, at least not within legal philosophical circles in the common law world. So I was tempted to try my hand at some other topic falling under the aegis of “legal moralism” and leave Professor Hart and Lord Justice Devlin well enough alone. However, for good …

Legal Moralism Revisited, Michael S. Moore

San Diego Law Review

I shall use this occasion mostly to clarify what the legal moralist theory of criminal legislation proclaims to be the proper limits on the reach of criminalization of behavior. But preliminarily, here in this Introduction, I want to remind readers of how the principle is motivated. First, recall what a principle of criminal legislation is. It consists of two closely related items. First of all, it is a principle that sets forth the proper aims of a legislature when that legislature drafts the prohibitions and requirements that constitute the “special part” of the substantive criminal law. It is, second, a …

The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game, Miguel Nogueira De Brito

San Diego Law Review

The topic of the legal enforcement of morals, understood as the “question of the legitimacy of ‘vice crimes’ or ‘victimless crimes,’” is a special facet of the more general issue of the limits of the law. It is the subject of the long-standing debate as to whether law—all law—can be used as a support for moral conceptions as such, or, more generally, whether there are limits on the use of law to enforce morality, as when it is claimed that the law must remain neutral as between different views of the good, be they religious or otherwise. Whether understood in …

Searching For Ethics’ Grounding: A Case For Moral Feeling And The Human Relationship To Nature, Katie Coulter

Acta Cogitata: An Undergraduate Journal in Philosophy

The following essay considers the question of how ethical and moral theories are possible in conjunction with the “death of God” as conceptualized by Nietzsche and other continental thinkers. I argue that ethical and moral action become possible through, and require, a deep affective experience of something as having absolute value, and that this kind of experience of absolute value can be found in human beings’ relationship with nature. Using the work of Bernard Williams and John Russon, I argue that the climate crisis facing the planet makes apparent this relationship, and makes possible a particular kind of affective response …

Solving Frege’S Substitution Puzzle: Analyzing It In Light Of Descriptivism And Direct Reference Theory, Ayesha Rehman

Acta Cogitata: An Undergraduate Journal in Philosophy

Although replacing one proper name with another that refers to the same person does not change the truth-value of a declarative statement, it affects the truth-value of propositional attitude reports, which are cognitive relations that people hold towards propositions. Frege’s Substitution Puzzle about propositional attitude reports essentially asks an important question: if two proper names co-refer in a certain linguistic community, then why does their intersubstitutability produce propositional attitude reports (that contain those proper names) with opposite truth-values? This paper attempts to explain how Description Theory of Names and Direct Reference Theory, two theories of proper names, solve Frege’s Substitution …

Predicting The Truth: Overcoming Problems With Poppers Verisimilitude Through Model Selection Theory, K. Raleigh Hanson

Acta Cogitata: An Undergraduate Journal in Philosophy

The purpose of this research is to investigate the possibility of using aspects of model selection theory to overcome both a logical problem and an epistemic problem that prevents progress towards the truth being measured while maintaining a realist approach to science. Karl Popper began such an investigation into the problem of progress in 1963 with the idea of verisimilitude, but his attempts failed to meet his own criteria, the logical and epistemic problems, for a metric of progress. Although philosophers have attempted to fix Popper’s verisimilitude, none have seemed to overcome both criteria yet. My research analyzes the similarities …

Minds And Bodies: Early Modern Social Justice, Clare Áine Keefer

Acta Cogitata: An Undergraduate Journal in Philosophy

In A Serious Proposal to the Ladies parts I and II, Mary Astell argues that social conditioning impacts women’s self-image in such a way as to prevent them from striving for scholarly achievement. Astell’s solution is to allow women to withdraw from society into dedicated schools for women and by women, as an alternative to marriage and family life. In this paper, I will explore some of the implications of that argument, how it might be expanded to other marginalized populations, and argue that despite Astell’s proposed solution being proven to create at least as many problems as it solves, …

No Soft Doctrine: Royce On The Problem Of Evil, Brandon Wright

Acta Cogitata: An Undergraduate Journal in Philosophy

Because of the ubiquity of evil, religious systems, which aim to influence the way we live our lives, must answer three questions: what is evil, why does evil exist, and how can we eliminate, or at least manage, evil? Call this the broad problem of evil, as opposed to the traditional narrow problem of evil. I reconstruct the answer to the broad problem of evil found in Josiah Royce’s later writings in the second section of this paper. Then, I explain why traditional theodicies are deficient answers to the narrow problem of evil. I argue that Royce’s answer to the …

The Science Of Communication: A Bayesian Account Of Communication Strategy Selection, Danielle Clevenger

Acta Cogitata: An Undergraduate Journal in Philosophy

This paper will detail how Bayesian epistemology, traditionally a tool of philosophers of science, can be used to select a method of communication that is most likely to produce a desired communication goal from a targeted subject. Using the frame of Bayes’ Theorem in the form of Posterior Probability Ratios, it will show how a communicator, focusing on agency and awareness, can use said frame to deliberately and purposefully select an evidentially favored communication strategy, intended to elicit a certain response from the respondent. By translating the epistemic version of Bayes’ Theorem into a communication setting, this strategy presents an …

The Purpose, Praxis, And Future Of Academia: Fichtean Approaches To Education, Eri Svenson

Acta Cogitata: An Undergraduate Journal in Philosophy

Following the publication of Schulze’s “Aenesidemus”, which detailed a skeptical critique of transcendental idealism, philosopher Johann Gottlieb Fichte found himself undergoing an “intellectual revolution”. Having agreed with many of Schulze’s arguments, he concluded that to preserve the spirit of Kantianism he would have to establish a foundationally reworked conceptualization of it. Fichte emerged from this process with a framework grounded upon the innovative claim that we should regard that there is nothing for us beyond our own consciousness, which creates both ourselves, and the world that we experience. Furthermore, because we create our own experiences, it is possible for us …

The Euthyphro Dilemma And Utilitarianism, Mark Taylor

Acta Cogitata: An Undergraduate Journal in Philosophy

In this paper I reexamine the Euthyphro dilemma to determine the principles underlying its critique of divine command theory. From this analysis, I claim that the Euthyphro dilemma can be fruitfully applied to other systems of ethics. As an example, I examine the Utility Principle which undergirds Utilitarianism. I argue that the Utility Principle is metaethically insufficient as the basis for our moral duties because it is good neither necessarily nor independently. The result is that Utilitarianism must be rejected as the definition of morality, though we may retain it as one of the good’s criteria.

Knowledge Is Knowing Frankenstein Isn’T The Monster, Wisdom Is Knowing Frankenstein Is The Monster: An Exploration On Mankind And Monstrosity, Alexandra Melnick

Acta Cogitata: An Undergraduate Journal in Philosophy

Humans construct their identity by constantly measuring themselves against and creating themselves around culturally ingrained systems of rules governing the social, the political, and perceptions of the physical. I call a system of rules a “syntax.” When a syntactical system is broken, a monster is born. Our monsters are the litmus and definition of our selves. Using Michel Foucault’s Abnormal lectures to inform my theory of the self as “syntax,” I posit that it is essential to understand the monster in order to exert social change and it is essential to understand what a monster is in order to understand …

Neutrality’S Much Needed Place In Dewey’S Two-Part Criterion For Democratic Education, Taylor Wisneski

Acta Cogitata: An Undergraduate Journal in Philosophy

This paper examines methods provided by both John Dewey and Amy Gutmann. Dewey’s method involves categorizing experiences and values amongst individuals. Gutmann’s method involves neutrality through equality of information and presentations. My question revolves around how to create a fairer democratic education system that allows individuals to critically analyze every-­‐day information. My analysis and conclusion combine the two methods to form a better method and solution. The solution is that values and experiences need to be learned through unbiased neutrality in order for individuals to form unbiased social groups that make up society. This implies that some of our current …

Folk Psychological Predictive Methods And Inductive Reasoning, Rachel Mccarthy

Acta Cogitata: An Undergraduate Journal in Philosophy

That we project the past onto our predictions of the future is a commonly accepted means of behavior prediction within folk psychology and everyday life. It is also a proposed method of behavior prediction given by Kristin Andrews in her piece, Do Apes Read Minds? By way of John Stuart Mill’s consideration of the dilemmas that arise from induction, supplementary pieces on induction and inference, and cognitive psychology as it pertains to memory perception, I will address:

1. Prediction from the past as it pertains to folk psychology, inductive reasoning and cognitive psychology.
2. Mill’s approach to David Hume’s problem …

On Sense Perception And Theory Of Recollection In Phaedo, Minji Jang

Acta Cogitata: An Undergraduate Journal in Philosophy

This paper addresses two challenges to the Theory of Recollection in Phaedo. First, it raises the concern of comparative perception, which claims that a newborn infant must possess the ability to comparatively perceive the object in order for the process of recollection to work, and proposes a limited solution for the concern. Second, it examines the compatibility between the two seemingly contradictory claims concerning the role of sense perception in acquiring true knowledge in Phaedo, in which Socrates claims both that we can never acquire true knowledge by relying on our physical senses, and that the only …

On The Logic Of Evolution And The Vanity Of Scientism, Thomas E. Elliott

Acta Cogitata: An Undergraduate Journal in Philosophy

The cultural debate about Creationism contra evolution by natural selection may be far from over, but the logic underlying it is settled. Creationism is ill-suited to take the place of methodological naturalism for the investigation of biology. In this paper, I survey how philosopher Elliott Sober uses some well-formed concepts from statistics and epistemology, including the nature of evidence, data, as well as the contemporary theory of evolution by natural selection to destroy Creationism as a viable theory once and for all. Creationism is a demonstrable logical fallacy, one that has no support biblically, or in science, but is a …

Fortunately, We May Not Have Time, Alexis Liston

Acta Cogitata: An Undergraduate Journal in Philosophy

Our perceptions and beliefs about reality do not always reflect the true nature of reality. Conceptions of time are one example of this. Many of us intuitively feel that time is its own distinct and external entity that somehow drives life forward. It may be natural to feel time in this way, as we experience regular cycles and seasons as we age, but we must make a conscious effort to recognize that this feeling is only a perspective of reality and not necessarily reality itself. So, are hours or years inherently real and do they pass by as we perceive? …

Knowledge, Language, And Nonexistent Entities, Alex Hoffman

Acta Cogitata: An Undergraduate Journal in Philosophy

In this paper, I apply the necessary conditions for knowledge to three different theories within the philosophy of language and argue that only one of the three stands up to a problem of knowledge involving nonexistent entities. I begin by briefly covering three commonly held necessary conditions for knowledge of which I focus mostly on the condition that a proposition must be true in order to know it. Then I consider theories of language given by Russell, Strawson, and Salmon. To each theory, I test whether the theory can make sense of a person knowing a proposition such as “Sherlock …

America's Schools: Separate And Unequal, Christine Dickason

Acta Cogitata: An Undergraduate Journal in Philosophy

This paper explores how various philosophers contribute to the discussion of the racial integration of public schools. I assert that racial integration is a moral necessity, and the government should create policy to ensure the successful integration of our public schools. To support this claim, I will first expand upon the context of the issue. I will then address libertarians, who would counter my thesis with a focus on the freedom of individuals. I will use utilitarian ideas to demonstrate that racially diverse public schools maximize the good in society; however, utilitarianism fails to explain what I believe is the …

Defending Downward Causation Only To Bring It Back Down, Michael Pratt

Acta Cogitata: An Undergraduate Journal in Philosophy

The so-called bottom-up threat to free will assumes a bottom-up metaphysics: the view that atoms (or whatever the most basic and fundamental element of material substances is) at the microphysical level dictate the behavior and ontology of material substances at higher macrophysical levels of composition. More specifically, bottom-up metaphysics maintain that all macrophysical states of affairs supervene on their constituent microphysical properties, such that any macrophysical change requires a change at the microphysical level. This metaphysical picture implies that human persons—and consequently, human actions—supervene on what their constituent atoms do or are like. In Objects and Persons, Trenton Merricks argues …

The Claims Of States To Cultural Property, Zac Robbins

Acta Cogitata: An Undergraduate Journal in Philosophy

This paper will question whether States have a right to the antiquities unearthed within their borders. The property claims to these antiquities fall into two categories: (1) claims based on cultural identity and (2) a claim based on territory as found in the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention. This paper argues that the cultural identity argument States make is usually inapplicable to cultural property and that territory based claims fail to provide good stewards and leave a puzzle as to what counts for the cultural heritage of states.