In this paper I aim to provide a characterisation of emotional disorder. I begin by criticising the thought that an agent can be judged to be experiencing an emotional disorder if his emotion causes him some type of harm. This then leads me to develop the claim that emotional disorder relates to sufficiently inappropriate emotion, where (sufficiently) inappropriate emotion relates to emotion that fails to be (sufficiently) responsive to the agent's beliefs and/or desires. Finally, I conclude the paper by suggesting (...) that if an essentially non‐cognitivist conception of emotion is accepted then – on the characterisation of emotional disorder that I defend – there may exist strong grounds for thinking that cognitive therapy will be an inappropriate form of treatment in cases of emotional disorder.1. (shrink)

The paper examines the realignment of the legal sources in an information society, by considering first of all the differences with the previous system of sources, dubbed as the “Westphalian model”. The current system is tripartite, rather than bipartite, for the sources of transnational law should be added to the traditional dichotomy between national and international law. In addition, the system is dualistic, rather than monistic, because the tools of legal constructivism, such as codes or statutes, have to be complemented (...) with the rules of customary law and contracts. In light of the canonical version of the law as a set of commands enforced through the threat of physical sanctions, however, two further novelties must be stressed, namely the soft law-tools of governance as a source of the system and the aim to embed normative constraints into technology, in order to enforce the law through the use of filtering systems, self-enforcing technologies, etc. This latter approach impacts on functions and requirements of the system, by transferring the normative side of the law from the traditional “ought to” of legal commands to what actually is on the basis of automatic techniques, thus affecting the very notion of source. The overall aim of the paper is to show that rearrangements of the legal sources are intertwined with redistributions of power and hence, a normative standpoint is needed, so as to determine whether scholars can obtain the solution that best justifies the integrity of the law before its hard cases, or the answer is a reasonable compromise between many conflicting interests. (shrink)

Several writers have recently developed proposals calling for a public policy that would allow a number of individuals to commit suicide if they so choose. Suicide, it is argued, is a fundamental matter of personal liberty and as such only very minimal restrictions should be placed on it. In this essay I offer a critique of these views and the public policies they entail. The result is a defense of the general outlines of current professional and legal policies which permit (...) intervention, even coercive intervention, with suicidal persons in almost every case. (shrink)

ArgumentTalk of “reason” and “rationality” has been perennial in the philosophy and sciences of the European, Latin tradition since antiquity. But the use of these terms in the early-modern period has left especial marks on the specialties and disciplines that emerged as components of “science” in the modern world. By examining discussions by seventeenth-century philosophers, including natural philosophers such as Descartes, Pascal, and Hobbes, the practical meanings of, specifically, inferential reasoning can be seen as reducing, for most, to intellectual processes (...) deriving from foundations that required intuitional insight that was owing to God. Mechanical reasoning, or artificial intelligence, was a contradiction in terms for such as Pascal, whose views of his own arithmetical machine illustrate the issue well. Hobbes’ analysis of reason, however, replaced the ineffable authority of God with the authority of the civil power, to reveal the social reality of “reason” as nothing other than authorized judgment. (shrink)

ABSTRACT: Ever since Hume raised the problem of induction, many philosophers have tried to solve this problem; however, there still is no solution that has won wide acceptance among philosophers. According to Wilfrid Sellars, the reason is mainly that these philosophers have tried to justify induction by theoretical reasoning rather than by practical reasoning. In this paper I offer a sort of Sellarsian proposal. On the basis of the instrumental principle and the constructivist view of the concept of epistemic justification, (...) I argue that it is reasonable to accept induction.RÉSUMÉ: Depuis que Hume a soulevé le problème de l’induction, nombreux ont été les philosophes qui se sont attaqués à cette question. Aucun, pourtant, n’y a jusqu’à présent apporté de réponse satisfaisante et susceptible d’entraîner l’adhésion générale. Selon Wilfrid Sellars, la raison de cet échec est que les tentatives de justification se fondaient sur des raisonnements théoriques plutôt que pratiques. L’auteur offre ici une sorte de solution «sellarsienne» au problème. À partir du principe instrumental et de la conception constructiviste de la justification épistémique, l’auteur tente de démontrer qu’il est raisonnable d’accepter l’induction. (shrink)

Contemporary virtue ethics was revolutionized by Alasdair MacIntyre’s reconfiguration using practices as the starting point for understanding virtues. However, MacIntyre has very pointedly excluded the professions of the financial world from the reformulation. He does not count these professions as practices, and further charges that virtue would actually hinder or even rule out one’s pursuit of these professions. This paper addresses three tasks, in regard to the financial profession of investment advising. First, the paper lays out MacIntyre’s soon-to-be-published charges against (...) the investment world, as specified to this profession. Second, it sets forth the role function of investment advising and shows that it does possess internal goods—the crucial aspect of practices disputed by MacIntyre in this case—including goods of production and goods of performance. Third, it demonstrates that this function, and the goods tied to it, cannot be achieved apart from the virtuous pursuit of the profession, thereby showing that MacIntyre’s charges are mistaken. Investment advising is shown to be a virtue-based practice, and the groundwork is laid for showing that other financial professions are so, as well. (shrink)

This paper asks whether political justice can be encapsulated by procedures. It examines John Rawls’s tripartite distinction between perfect, pure and imperfect procedural justice, concluding that none gives a satisfactory account of procedural justice. Imperfect procedural justice assumes that there could be an authoritative source of justice other than procedures, while perfect procedural justice takes a double-minded view of procedure-independent standards of justice. That leaves pure procedural justice as an apparently decisionistic mode of deciding which outcomes are just. This at (...) least avoids the confusion between having authoritative procedures and procedure-independent standards that are also purportedly authoritative. However, it is argued that even a political procedure that defines the extension of a term such a ‘justice’ will lack authority over it once its reference is fixed. Since Rawls’s categories of procedural justice are jointly exhaustive, the problem of determining justice via political procedures appears insoluble. (shrink)

This paper offers a justification of the principle of military proportionality that is based in considerations of self-interest. By offering such a justification, I hope to vindicate the principle on the basis of the least controversial argument available. The war between Israel and Hezbollah in the summer of 2006 is used as a case study. Part 1 surveys recent work on military proportionality and suggests that the importance of this principle has increased in the age of asymmetrical warfare. Part 2 (...) considers and rejects the traditional realist concerns about proportionality. Part 3 offers a realist rationale for adhering to the principle. (shrink)

Die Frage nach der Gerechtigkeit im Gesundheitswesen wird aus der Perspektive einer allgemeinen Theorie der Gerechtigkeit betrachtet. Diese Theorie ist ein Befähigungsansatz, der zwischen 1) der Grundversorgung aller Bürger mit Grundbefähigungen, 2) einem gerechten Anteil an den Früchten gesellschaftlicher Kooperation und 3) individuell erstrebten Gütern und Leistungen differenziert. Die Anwendung dieser Theorie reagiert auf charakteristische Probleme der Allokation im Gesundheitssektor: den prinzipiell ungedeckten Bedarf, die mangelnde Zurechenbarkeit des Bedarfes und die asymmetrische Informationsstruktur zwischen Patienten und Leistungserbringern.

An influential tradition in moral philosophy attempts to explain an immoral action by reference to the defect in reasoning on the part of an immoral agent. On this view, the requirements of morality are not only sanctioned by the more general requirements of rationality, but the violations of the moral requirements would be indicative of a rational failure. In this article I argue that ascription of irrationality to amoral individuals (e.g., psychopaths) is either empirically false, or else, conceptually problematic. An (...) interpretation of irrationality in its instrumental sense fails to do justice to the results of the research concerning the intelligence of some amoralists, whereas the suggestion that the alleged cognitive deficiency lies at the level of final ends and ultimate values faces serious theoretical difficulties. All attempts to construe the notion of an external reason for action without reference to the agent's actual goals and values bespeak an objectivist's bias, rest on controversial assumptions, and tend to alienate the agent from the proposed set of reasons. The argument is partly based on the analysis of reasoning of Ted Bundy, a notorious serial murderer, who presents a rather sophisticated justification for his criminal behavior. (shrink)

The financial crash of 2008 following the selling of fictitious derivatives was a crisis of both rationality and values whose aftermath has thrown the legitimation of deregulated markets, and governments, into question. This paper critiques the Becker metaphor of human capital and submits that human value is central to and the fulcrum of both economic and social values. It illustrates that Hume and Adam Smith directly countered the Hobbesian hypothesis that human nature is based only on self-interest, distinguishes market values (...) from social values, explicit from implicit values and parallels Sen in adopting an ordinal ranking of what people value rather than a search for cardinality. It draws on cognitive psychology, neural research, revealed preference theory and a principle of implicit verification. It also outlines implications for what Adam Smith centrally valued as concern for the welfare of the whole of society. (shrink)

Traditionalist and radical orthodox critiques of the Enlightenment assert that the modern discourse on moral self-government constitutes a radical break with the theocentric model of morality which preceded it. Against this view, this paper argues that the conceptions of autonomy emerged from the effort to reconcile commitments within the Christian tradition. Through an analysis of the moral thought of the Cambridge Platonist Ralph Cudworth, this paper contends that distinctively Christian theological concerns concerning moral accountability to God and the character of (...) divine-human moral relationships produced a theory of moral autonomy which anticipates that of Kant. This paper highlights the role of anti-voluntarism in the creation of this moral standpoint, and argues that the resultant moral view is an “internalization” of the voluntarist model of sovereignty. (shrink)

The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of (...) its provisions. Michael Oakeshott, among contemporary theorists, best illustrates this approach to a resolution of the differences between positivists and normativists. (shrink)

In this paper, the author responds to the claim that his critique of legal positivism, based on an account of adjudication in South Ahica, misses its target because it ignores, first, the positivist thesis of judicial discretion and, secondly, the fact that positivism offers no account of judicial obligation. He argues that these theses expose a tension in positivism between its commitments to liberal individualism and to the supremacy of positive law, a tension which can be resolved only by situating (...) positivism in its true context, the Hobbesian argument for the legitimacy of law. Following Dworkin, he advocates the practice‐oriented common law tradition, one that makes the legitimacy of law a matter of standards already implicit in law which are best revealed in adjudication. (shrink)

. The shift from a pre‐Copernican to a Copernican world view has caused an ever increasing sense of homelessness for the idea of a theistically conceived God. This paper first traces the historical development of this problem and its implications for the Christian faith. Next it presents some historically evolved “rescue” attempts and examines them critically. Then follows an inquiry concerning the biblical understanding of God's relation to space and a critical presentation of some contemporary proposals to make God's presence (...) intelligible. In conclusion we propose a dimensional model of relating God and the world, a model which allows for a reasonable discourse of God's immanence and transcendence. (shrink)

The Scottish Enlightenment is commonly identified as the birthplace of modern social science. But while Scottish and contemporary social science share a commitment to empiricism, contemporary insistence on the separation of empirical analysis from normative judgment invokes a distinction unintelligible to the Scots. In this respect the methods of modern social science seem an attenuation of those of Scottish social science. A similar attenuation can be found in the modern aspiration to judge the outcome of institutions or processes only with (...) regard to efficiency. While the tenet that efficiency is preferable to inefficiency is central to Scottish social thought, the Scots regarded maximization of quantifiable returns as only one among three ends that well-functioning institutions and processes promote. Scottish social science speaks also of virtue and liberty where ours speaks only of utility. This essay develops these differences in three sections. Its first section compares Scottish and contemporary understandings of social science methods. Its second section examines how these differing methodologies inform their differing conceptions of human flourishing and particularly led Scottish social science to focus on virtue and freedom in addition to wealth. The essay concludes by calling attention to three movements in social science today which might help us recover the best features of Scottish social science. (shrink)

How can abductive reasoning be physical, feasible, and reliable? This is Fodor’s riddle of abduction, and its apparent intractability is the cause of Fodor’s recent pessimism regarding the prospects for cognitive science. I argue that this riddle can be solved if we augment the computational theory of mind to allow for non-computational mental processes, such as those posited by classical associationists and contemporary connectionists. The resulting hybrid theory appeals to computational mechanisms to explain the semantic coherence of inference and associative (...) mechanisms to explain the efficient retrieval of relevant information from memory. The interaction of these mechanisms explains how abduction can be physical, feasible, and reliable. (shrink)

. I will argue that the concept of law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain properties a norm may possess to the conclusion that the norm is legally binding, namely, that it deserves to be endorsed and applied in legal reasoning. Legal validity has to be distinguished from other, more demanding, normative ideas, such as moral bindingness or legal optimality.

Seth suggests that the transformation of the international system from a system of states to a system of nation-states has had profound consequences for international relations, consequences not fully grasped in international relations theory.