Introduction: The problems I will focus on lie in the domain of the theory of justice. Specifically, my concern is to determine what kinds of criticisms of the ghetto poor’s behavior and attitudes are or are not appropriate given that the social circumstances under which they make their life choices are, at least in part, the result of injustice. If the overall social arrangement in which the ghetto poor live is unjust, this requires that we think about what their obligations are quite differently than we should if the society were judged to be just. In particular, I will argue that it is necessary to distinguish the civic obligations citizens have to each other from the natural duties all persons have as moral agents, both of which are affected, though in different ways, by the justness of social arrangements. In addition, among the natural duties all persons possess is the duty to uphold, and to assist in bringing about, just institutions, a political duty that has important, though generally overlooked, consequences for the debate about ghetto poverty.
22 Atmospherics: Abortion Law and Philosophy
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.
Beyond Wrong Reasons: The Buck-Passing Account of Value
Abstract: In section I, I will show that the Buck-Passing Account (BPA) is not as obviously a successor of the fitting-attitude analysis (for short: FA analysis) of value as some have thought. The much discussed wrong-kind-of-reasons (for short: WKR) problem afflicts buck-passing only in so far as it incorporates a version of Fitting Attitude (FA) analysis, or at any rate is expressed in terms of reasons for attitudes. There can be a buck-passing account of value which is not affected by the problem: one that limits the account to reasons for actions. However, insofar as BPA does inherit elements of FA analysis, it also has a WKR problem. In section II, I will discuss this problem and its solution. I will show that it has been misidentified in the current literature, and that – once we understand the problem correctly – its solution is likely to be unavailable to the buck-passer. Hence we should reject any account of BPA that incorporates FA analysis. That leaves us with versions which do not: versions that formulate BPA+ in terms of reasons for actions only, rather than reasons for attitudes. Finally, in section III, I will discuss at least briefly why buck-passing seemed to be appealing to begin with, and whether a version of BPA that does not incorporate FA analysis is a viable contender of the account – beyond the WKR problem.
Pornography, Art and Porno-Art
Abstract: Philosophers involved in the ‘porn-or-art’ debates standardly assume that pornography is centrally about sexual arousal, while art is about something else. I argue against this assumption and for the view that there is no single thing that pornography (or art) ‘is about’. This suggests that there is no prima facie reason for claiming that some x cannot be both pornography and art. I further go on to develop an understanding of (what I call) ‘porno-art’ – a wholly new kind of thing developing from the extant categories of pornography and art, but still distinct and separate from them.
Non-Western Art and the Concept of Art: Can Cluster Theories of Art Account for the Universality of Art?
Abstract: This essay seeks to demonstrate that there are no compelling reasons to exclude non-Western artefacts from the domain of art. Any theory of art must therefore account for the universality of the concept of art. It cannot simply start from ‘our’ art traditions and extend these conceptions to other cultures, since this would imply cultural appropriation, nor can it resolve the matter simply by formulating separate criteria for non-Western art, since this would imply that there is no unity in the concept of art. At first sight, cluster theories of art seem capable of accounting for the universality of art since they (can) start from a broad cross-cultural range of artworks and nowhere seem to extend one conception of art to other conceptions. Yet cluster theories remain unsatisfactory, because they can neither avoid misapplication of the proposed criteria, nor clarify the unity in the concept of art.
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.
Classifications and the Philosophical Understanding of Art
Content: Lorand argues against Kivy and others who claim that philosophising about various forms of art needs no theory of art, and suggests that it’s time to resume the inquiry into the nature of art. In fact, any satisfactory theorising about any specific issues (such as characteristics of an art form) must be ‘linked to a higher, more general level that functions as its source for basic suppositions and definitions’ (79, such as a theory of art). Lorand then discusses some reasons why one might renounce the classificatory project, including Weitz’s open concept argument. She introduces a distinction between classificatory definitions and the philosophical question. The former depend on the norms, traditions and beliefs present within a given context, and has been the focus of most theories of art. But it only distracts us from the more worthwhile philosophical question about the (elusive) essence of art. A discussion of the distinction between the classificatory and evaluative uses of ‘art’ follows, with Kant, Mothersill and Dickie at its focus. It leads Lorand to arguing for a ‘Platonic’ approach, one focusing on uncovering art’s essence, without the distraction of classification which can merely uncover ‘current social trends’ (93).
Doing Without the Ideology of Art
Abstract: My invited comment on Steven Connor’s essay, “Doing Without Art,” proposes that a fuller understanding of the implications of my notion of “making special”—referred to by Connor in his essay as somewhat relevant to his own position—would expand his view of the human art impulse and allay some of his disaffections. Rather than contributing to aesthetic theory, the ideology of art, my work proposes an ethology of art: it suggests why members of the human species, in all times and places, made and otherwise engaged with the arts (plural). An ethology of art requires a new way of regarding its subject, not philosophically as an entity or essential quality but as a behavior, something that people everywhere “do.” What characterizes all instances of “doing with art,” from prehistory to the present, is making something (a rock surface, face or body, implement, sound, space, place, movement, utterance) special. A summary of the development and ramifications of the concept of “making special”—called “artifying” in my most recent work—answers Connor’s three questions and suggests that placing our modern ideology or ideologies of art in the wider and deeper context of artification enables an understanding of the arts as intrinsic and even necessary to human lives everywhere.
Gender and Aesthetics: An Introduction
Publisher’s note: Feminist approaches to art are extremely influential and widely studied across a variety of disciplines, including art theory, cultural and visual studies, and philosophy. Gender and Aesthetics is an introduction to the major theories and thinkers within art and aesthetics from a philosophical perspective, carefully introducing and examining the role that gender plays in forming ideas about art. It is ideal for anyone coming to the topic for the first time.
Organized thematically, the book introduces in clear language the most important topics within feminist aesthetics:
- Why were there so few women painters?
- Art, pleasure and beauty
- Music, literature and painting
- The role of gender in taste and food
- What is art and who is an artist?
- Disgust and the sublime.
Each chapter discusses important topics and thinkers within art and examines the role gender plays in our understanding of them. These topics include creativity, genius and the appreciation of art, and thinkers from Plato, Kant, and Hume to Luce Irigaray and Julia Kristeva. Also included in the book are illustrations from Gaugin and Hogarth to Cindy Sherman and Nancy Spero to clarify and help introduce often difficult concepts. Each chapter concludes with a summary and further reading and there is an extensive annotated bibliography.
Carolyn Korsmeyer’s style is refreshing and accessible, making the book suitable for students of philosophy, gender studies, visual studies and art theory, as well as anyone interested in the impact of gender on theories of art.