Abstract: In 1934, Karl N. Llewellyn published a lively essay trumpeting the dawn of legal realism, “On Philosophy in American Law.” The charm of his defective little piece is its style and audacity. A philosopher might be seduced into reading Llewellyn’s essay by its title; but one soon learns that by “philosophy” Llewellyn only meant “atmosphere”. His concerns were the “general approaches” taken by practitioners, who may not even be aware of having general approaches. Llewellyn paired an anemic concept of philosophy with a pumped-up conception of law. Llewellyn’s “law” included anything that reflects the “ways of the law guild at large” – judges, legislators, regulators, and enforcers. Llewellyn argued that the legal philosophies implicit in American legal practice had been natural law, positivism and realism, each adopted in response to felt needs of a time. We must reckon with many other implicit “philosophies” to understand the workings of the law guild, not the least of which has been racism. Others, maternalism and paternalism, my foci here, persist in American law, despite women’s progress toward equality. Both maternalism and paternalism were strikingly present in a recent decision of the U.S. Supreme Court, Gonzales v. Carhart, upholding the federal Partial-Birth Abortion Ban Act.
Is ethics rationally required?
Abstract: Sidgwick argued that utilitarianism was not rationally required because it could not be shown that a utilitarian theory of practical reason was better justified than a rival egoist theory of practical reason: there is a ‘dualism of practical reason’ between utilitarianism and egoism. In this paper, it is demonstrated that the dualism argument also applies to Kant’s moral theory, the moral law. A prudential theory that is parallel to the moral law is devised, and it is argued that the moral law is no better justified than this prudential theory. So the moral law is not rationally required. It is suggested that the dualism argument is a completely general argument that ethics cannot be rationally required.
Exclusivism and Evaluation: Art, Erotica and Pornography
Content: Patridge discusses and rejects some of the main arguments for the exclusivist thesis that no pornography can be art: Levinson’s, Mag Uidhir’s, and one based on Rea’s definition of pornography. In doing so, she offers a useful overview of some other arguments already used against those authors. This leads her to conclude that at least some pornography can be art. A normative question follows: should we treat pornography as art? Given the high cultural status of art, and the often unethical nature of pornography, doing so might lead us to promoting unethical attitudes. She finds such treatment too unselective: at least some pornography isn’t morally problematic (and some of it can actually be morally laudable), while much of art, including erotic art, definitely is. But consumption of pornography cannot be taken out of our paternalistic and sexist cultural context. As most pornography is inegalitarian and expresses (and possibly promotes) harmful attitudes towards women, enjoying it constitutes a moral flaw. This is true even if the consumer is never inspired to actually harm women – in those cases enjoyment of pornography constitutes moral obliviousness, a ‘failure of sensitivity and solidarity with the victims of such imagery’ (54) similar to taking enjoyment in racist jokes.
Why Do Porn Films Suck?
Content: The authors present ‘the paradox of porn’: pornography seems to score very highly on various evaluative criteria which make art good (e.g. ability to elicit strong emotions), and has features similar to great art (e.g. ‘Brechtian’ acting, idealisation of the human body), yet is rarely consider art. They proceed to discuss some arguments for the exclusivist thesis, suggesting that they ‘reflect a limited knowledge of or experience with pornography’ (168). A review of various types of non-mainstream porn leads them to claim that the division between pornography and art is a false dichotomy. Section 3 revisits the paradox, offering an analysis of various reasons which could lead to so little porn being (considered) art. After rejecting most of the common arguments, the authors suggest that a great majority of porn is not art for purely contingent reasons: very few pornographers even try to pursue that possibility. But pornography has the potential to be great art, and section 4 explores the ways in which it could.
African Art and the Aesthetics of Hiding and Revealing
Content: This text focuses on identifying distinctive features of African art. First, African art is virtually always functional and although it can be enjoyed intrinsically, it is rarely created for its own sake. It is a part of the social and political structure and cannot be understood without an understanding of this structure. The function of such art is to ‘veil social functions’: communicate that there exist secrets available to those initiated without communicating those secrets to everyone. Wingo further focuses on masks and dance as examples of African art which are experienced in specific, culturally embedded ways. He offers detailed descriptions and a theoretical analysis of various artistic and cultural practices, showing the uniqueness of the experiences they afford and arguing that they cannot be experienced or understood without a prior immersion in the culture they are part of.
Art Without “Art”
Abstract: Some argue that there is no art in some non-Western cultures because members of those cultures have no concept of art. Others argue that members of some non-Western cultures have concepts of art because they have art. Both arguments assume that if there is art in a given culture, then some members of the culture have a concept of art. There are reasons to think that this assumption is false; and if it is false, there are lessons to learn for cross-cultural studies of art both in anthropology and philosophy.
Evaluating the Classificatory Process
Content: In this short discussion paper, Werhane challenges the distinction between the classificatory and evaluative senses of ‘art’ defended by George Dickie. Many of the criteria which matter in the selective classificatory process are evaluative in nature, and thus even institutional classification of art depends on evaluation. This means that sometimes people whom institutionalists would interpret as using ‘art’ in the evaluative sense (e.g. in saying: ‘this is not art!’), should rather be seen as using it in the classificatory sense, evaluating the classificatory process (e.g. meaning: ‘the process which led to classifying this as art is wrong, because this should not be classified as art’).
A Sustainable Definition of “Art”
Content: Eaton begins with some remarks on the practical need for classification of art and proceeds to present and improve her definition. Her focus is not on specific properties of artworks, but on the fact that they possess properties which within a given culture are considered worth attending to. The modifications made to the theory follow a realisation of Western-centric bias embedded in the original formulation, and the discussion explicitly aims to work towards a definition which acknowledges the cultural differences in art production and appreciation. Eaton moves on to discuss Danto’s and Cohen’s claims that art cannot be defined and points out some Western-centric aspects of their arguments. The paper ends with an overview of what it is for art and its definition to be sustainable.
The Many-Layered Aesthetics of African Art
Content: Wingo contrasts the traditional Western approaches to art classification with some African traditions in which what gives art its status is the social context in which it is situated, the community that art creates. He reviews some of the ways in which art is approached in those cultures, focusing on its functional, everyday character and sensual nature. Art is not meant for disinterested intellectual contemplation, but for sense experience, and should have the capacity to really move its audience. Similarly, the forms of African art are often different, including mask and costume making and dance. Wingo offers an overview of ways in which such works can be embedded in other cultural practices, and discusses how they are commonly perceived and approached.
What Is a “Work of Art”?
Abstract: This examination of the concept “work of art” has been prompted by the desire to find a starting point for aesthetic inquiry which, to begin with at any rate, will arouse no dispute. A claim for general agreement such as Clive Bell’s: “The starting point for all systems of aesthetics must be the personal experience of a pecular emotion”, is countered by I. A. Richards’s “the phantom aesthetic state”, and any attempt to claim “beauty” as the central concept is straightway confused by the varied contexts in which “beauty” and “beautiful” may function. We hear much more often of a beautiful stroke in cricket than in painting, and many of our moral judgments have an aesthetic flavour. An action may be bold, dashing, mean, underhanded, unimaginative, cringing, fine, as well as right or wrong. Aesthetic adjectives and adverbs may occur in any context, and part of our job is to separate out the various uses and establish their inter-relationships.