the term as used by sunstein seeks to bring together various traditions. however, there are significant differences between uses of the term in the cognitive and the social psychological research, and these differences are accompanied by very distinct evidential criteria. we suggest the term should refer to processes, which means that further evidence is required.

IntroductionRecent work in virtue theory has breathed new life into the analogy between virtue and skill.See, for example, Annas ; Bloomfield ; Stichter ; Swartwood . There is good reason to think that this analogy is worth pursuing since it may help us understand the distinctive nexus of reasoning, knowledge, and practical ability that is found in virtue by pointing to a similar nexus found outside moral contexts in skill. In some ways, there is more than an analogy between skill (...) and virtue. Clearly, both are what might be called ‘practical states,’ that is, conditions of agents with regard to action. For some virtue theorists, the analogy is superseded in favor of a claim to identity. As Paul Bloomfield puts it:… adopting the thesis that virtues are skills hands us a viable moral epistemology by reducing the problem of moral epistemology to the analysis of the epistemology of diagnosis and problem solving employed by doctors, navigators, and .. (shrink)

Principles of need are constantly referred to in health care priority setting. The common denominator for any principle of need is that it will ascribe some kind of special normative weight to people being worse off. However, this common ground does not answer the question how a plausible principle of need should relate to the aggregation of benefits across individuals. Principles of need are sometimes stated as being incompatible with aggregation and sometimes characterized as accepting aggregation in much the same (...) way as utilitarians do. In this paper we argue that if one wants to take principles of need seriously both of these positions have unreasonable implications. We then characterize and defend a principle of need consisting of sufficientarian elements as well as prioritarian which avoids these unreasonable implications. (shrink)

One generally considered plausible way to allocate resources in health care is according to people’s needs. In this paper I focus on a somewhat overlooked issue, that is the conceptual structure of health care needs. It is argued that what conceptual understanding of needs one has is decisive in the assessment of what qualifies as a health care need and what does not. The aim for this paper is a clarification of the concept of health care need with a starting (...) point in the general philosophical discussion about needs. I outline three approaches to the concept of need and argue that they all share the same conceptual underpinnings. The concept of need is then analyzed in terms of a subject x needing some object y in order to achieve some goal z. I then discuss the relevant features of the object y and the goal z which make a given need qualify as a health care need and not just a need for anything. (shrink)

In this paper we explore the relation between health-care needs and patients’ desires within shared decision-making in a context of priority setting in health care. We begin by outlining some general characteristics of the concept of health-care need as well as the notions of SDM and desire. Secondly we will discuss how to distinguish between needs and desires for health care. Thirdly we present three cases which all aim to bring out and discuss a number of queries which seem to (...) arise due to the double focus on a patient’s need and what that patient desires. These queries regard the following themes: the objectivity and moral force of needs, the prediction about what kind of patients which will appear on a micro level, implications for ranking in priority setting, difficulties regarding assessing and comparing benefits, and implications for evidence-based medicine. (shrink)

Is it helpful to model the idea of professional formation on ethical formation?ing from the specifically ethical interest of Aristotle's own doctrine, in the ?narrow?, ?moral? sense of ethical, and aiming at the same time for an inclusive, ?broad? formulation which extends to various types of métiers (occupations/professions), this paper argues that an Aristotelian perspective offers a more robust concept of personal, professional and civic responsibility??responsibleness??than any that our present ?managerial? rationality can promote. Drawing on some Aristotelian texts, I show (...) that the practical knowledge of one with ?formation? (appropriate to the métier in question) enables an agent to find the relevant end and the appropriate act in the name of that end?as if simultaneously. The end and the means to the end are perfectly suited to one another. Crucially, the structure of the agent's practical reasoning is grounded on the telos which guides the agent and this is summoned implicitly from formation. This Aristotelian model of practical rationality stands as a rival to the public rationality that now predominates, a rationality which sees the meeting of explicit, pre-specified outcomes, objectives or targets as the chief way in which the accountability of agents may be secured. (shrink)

This paper outlines a conceptual framework for a sufficiency economy, defining sufficiency as the space between a generalizable notion of human wellbeing and ungeneralisable excess. It assumes an objective and universal concept of human needs to define a ‘floor’ and the concept of planetary boundaries to define a ‘ceiling’. This is set up as an alternative to the dominant preference satisfaction theory of value. It begins with a brief survey of the potential contributions of sufficientarianism and limitarianism to this endeavor (...) before outlining a theory of objective, universal human need. This recognizes the contextual variable nature of need satisfiers and the distinct methodology required to adjudicate necessities. It then turns to the planetary boundaries literature and utilizes a sequence of causal and normative reasoning to derive an operational ceiling and the concept of ungeneralisable luxuries. The final section addresses how the concepts of floors and ceilings might be operationalized via forms of dialogic democracy but noting the absence of any such institutions at the global level. Its policy conclusion is that a safe climate cannot be achieved through supply-side mitigation alone, and that fair demand-side mitigation necessarily requires a clear distinction between necessities and unnecessary luxuries, between which (hopefully) lies a space of sufficiency. (shrink)

In this review article I refer to some of the most relevant recent publications in the field of practical rationality, mainly drawing on two new anthologies by Wallace and Millgram that contain the principal arguments in the current debate, and on new books and articles by Bittner, Dancy, Nida-Rümelin and Raz. The purpose of the article is to offer an overview of the relevant positions in the current debate, to clarify the main arguments against the belief-desire model, and to situate (...) some of the problems - e.g. what counts as a reason - within the wider field of practical rationality as a whole - e.g. how to argue about practical reasoning from the point of view of our self-understanding as autonomous agents. (shrink)

According to tradition, aesthetic value is non-contingently connected to a certain feeling of liking or pleasure. Is that true? Two answers are on offer in the field of aesthetics today: 1. The Hedonist answers: Yes, aesthetic value is non-contingently connected to pleasure insofar as this value is constituted and explained by the power of its possessors to please (under standard conditions). 2. The Non-Affectivist answers: No. At best, pleasure is contingently related to aesthetic value. The aim of this paper is (...) to point to a blind spot in the dialectic between these two standard positions by defending a third neglected answer to the question above, the answer of the Value-Meriting-Pleasure [VMP] advocate. According to this answer, a certain kind of (cognitive and responsive) pleasure is connected to aesthetic value non-contingently, but also non-hedonically. VMP is the view that objects of aesthetic value are non-contingently related to pleasure insofar as they merit a certain kind of pleasure. But, pace the hedonist, those objects are valuable (those that are to be engaged with etc.) neither on account of their capacity to give pleasure nor on account of the hedonic value of the attitude they merit. (shrink)

Statements of need are used promiscuously by caretakers and children. The term may refer to mere wants (desire), to wants that have become socialized into secondary needs, to needs inferred by adults based on interpretations of future adaptive requirements, as well as to fundamental needs required for a child's well-being. It is important to distinguish the various uses of the term, first, because need carries an imperative-it would be unethical to frustrate a child's basic needs. Second, when confounding meanings, there (...) is the risk that what appears as an expression of concern-'you need to'-is more arbitrarily coercive than benevolent. Because even genuine needs are multiple and often in tension (protection and independence), separating meanings does not necessarily determine appropriate responses. Caretakers are advised to critically refine and reflect their need statements and, when balancing, remain faithful to the fundamental human need for autonomy. (shrink)

Abstract Thomas Kuhn is the most famous historian and philosopher of science of the last century. He is also among the most controversial. Since Kuhn's death, his corpus has been interpreted, systematized, and defended. Here I add to this endeavor in a novel way by arguing that Kuhn can be interpreted as a global response-dependence theorist. He can be understood as connecting all concepts and terms in an a priori manner to responses of suitably situated subjects to objects in the (...) world. Further, I claim, this interpretation is useful for three reasons. First, it allows us to systematize and defend Kuhn's views. We can therefore better appreciate him as a thinker in his own right. Second, it deepens our understanding of both the uniqueness of Kuhn's views and the continuity of those views with those of others. We can therefore better appreciate his place in history. And third, as I explain in the paper, my interpretation affords us the only example of an ethnocentric global response-dependence theory. We can therefore better appreciate the versatility of response-dependence itself. (shrink)

It is widely agreed upon that aesthetic properties, such as grace, balance, and elegance, are perceived. I argue that aesthetic properties are experientially attributed to some non‐perceptible objects. For example, a mathematical proof can be experienced as elegant. In order to give a unified explanation of the experiential attribution of aesthetic properties to both perceptible and non‐perceptible objects, one has to reject the idea that aesthetic properties are perceived. I propose an alternative view: the affective account. I argue that the (...) standard case of experiential aesthetic property attribution is affective experience. (shrink)

Simon Glendinning explains the mysteries of phenomenology.

Many philosophical accounts of the emotions conceive of them as susceptible to assessments of rationality, fittingness, or some other notion of aptness. Analogous assumptions apply in cases of emotions directed at what are taken to be only fictional or only imagined. My question is whether the criteria governing the aptness of emotions we have toward what we take to be real things apply invariantly to those emotions we have toward what we take to be only fictional or imagined. I argue (...) that what counts as a reason justifying an emotion can differ across real, fictional, and imagined domains. (shrink)

Three claims about love and justice cannot be simultaneously true and therefore entail a paradox: (1) Love is a matter of justice. (2) There cannot be a duty to love. (3) All matters of justice are matters of duty. The first claim is more controversial. To defend it, I show why the extent to which we enjoy the good of love is relevant to distributive justice. To defend (2) I explain the empirical, conceptual and axiological arguments in its favour. Although (...) (3) is the most generally endorsed claim of the three, I conclude we should reject it in order to avoid the paradox. (shrink)

Abstract There has been a strong tendency in economic thought to try to take human wants, desires, and preferences as the basis for deciding how to act. This essay argues that ?needs? constitute a distinct category which cannot be reduced to preference. The reductive strategy is partly connected with a philosophical mistake about the relation between the subjective and the objective. The distinction between needs and wants must be central to any continuing form of human action, but it may also (...) not be understood in such a way as to posit some purely objective (perhaps biological) needs that can be specified independently of people's wishes and desires; nor can those desires be specified outside the context of an account of the various ways in which they arise out of, are embedded in, and are directed to ?objective? features of our world. (shrink)

Several years ago Jürgen Habermas wrote a short answer to the question: “Does Hegel's Critique of Kant apply to Discourse Ethics?” The gist of his short answer is, “no”. Insofar as Hegel's criticisms of the formalism and abstract universalism of the moral law never even applied to Kant's moral theory in the first place, they also fail to apply to discourse ethics. Insofar as Hegel's criticisms of the rigorism of the moral law and of Kant's conception of autonomy do hit (...) the mark, discourse ethics successfully draws their sting by reconceiving Kant's moral standpoint along the following lines. 1. Kant wrongly undertakes to establish the moral law as a “fact of reason”: discourse ethics derives the moral standpoint from two premises — one formal, a rationally reconstructed logic of argumentation, and one material, namely our intuitions about how to justify utterances. 2. Kant wrongly contends that we must be able to think of ourselves as both intelligible characters, inhabiting a noumenal world, and as empirical characters inhabiting the world of appearances: discourse ethics allows that in everyday contexts of action and in the context of moral discourse we have one character that has real needs and interests. 3. Kant is also mistaken in arguing that moral autonomy requires human beings to abstract away from their needs and interests and to will universalizable maxims for the sake of their universal form: discourse ethics understands moral autonomy to consist in the free adoption of a standpoint from which conflicts of interest can be impartially regulated, by giving special weight to the satisfaction of universalizable interests. 4. Kant misconceives the categorical imperative as an objective test of universalizability that is applied by individual wills in isolation: discourse ethics reconceives the moral universalism as an ideal of intersubjective agreement of participants in discourse. On the differences between the principles of discourse ethics and Kant's categorical imperative Habermas is wont to cite McCarthy's summary of his — Habermas' — position: “Rather than ascribing as valid to all others any maxim that I can will to be a universal law, I must submit my maxim to all others for the purposes of discursively testing its claim to universality. The emphasis shifts from what each can will without contradiction to be a general law, to what all can will in agreement to be a universal norm”. (shrink)

More and more people seem to think that constructivism - in political philosophy, in moral philosophy, and perhaps in practical reasoning most generally - is the way to go. And yet it is surprisingly hard to even characterize the view. In this paper, I go to some lengths trying to capture the essence of a constructivist position - mostly in the realm of practical reason - and to pinpoint its theoretical attractions. I then give some reason to suspect that there (...) cannot be a coherent constructivist view about practical reason as a whole, at least not if it is to be interestingly constructivist, in a sense I make reasonably precise. (shrink)

ABSTRACT I offer an approach to the problem of life’s meaning which poses a radical challenge to some of the familiar terms of this debate. First, I defend an expansive form of naturalism which involves a rejection of the common assumption that naturalism and theism are logically incompatible and offers a framework from which to rethink some of the central concepts operative in discussions of life’s meaning. Second, I defend a ‘desire solution’ to the problem of life’s meaning. My initial (...) inspiration is Richard Taylor’s version of such a position as articulated in his book Good and Evil. I argue that this solution is best articulated from within an expansive naturalist framework, raise some doubts about Taylor’s metaphysics, and make a connection with the Nietzschean problem of nihilism. (shrink)

I offer the first sustained defence of the claim that ugliness is constituted by the disposition to disgust. I advance three main lines of argument in support of this thesis. First, ugliness and disgustingness tend to lie in the same kinds of things and properties (the argument from ostensions). Second, the thesis is better placed than all existing accounts to accommodate the following facts: ugliness is narrowly and systematically distributed in a heterogenous set of things, ugliness is sometimes enjoyed, and (...) ugliness sits opposed to beauty across a neutral midpoint (the argument from proposed intensions). And third, ugliness and disgustingness function in the same way in both giving rise to representations of contamination (the argument from the law of contagion). In making these arguments, I show why prominent objections to the thesis do not succeed, cast light on some of the artistic functions of ugliness, and, in addition, demonstrate why a dispositional account of disgustingness is correct, and present a novel problem for warrant-based accounts of disgustingness (the ‘too many reasons’ problem). (shrink)

A popular idea at present is that emotions are perceptions of values. Most defenders of this idea have interpreted it as the perceptual thesis that emotions present (rather than merely represent) evaluative states of affairs in the way sensory experiences present us with sensible aspects of the world. We argue against the perceptual thesis. We show that the phenomenology of emotions is compatible with the fact that the evaluative aspect of apparent emotional contents has been incorporated from outside. We then (...) deal with the only two views that can make sense of the perceptual thesis. On the response–dependence view, emotional experiences present evaluative responsedependent properties (being fearsome, being disgusting, etc.) in the way visual experiences present response-dependent properties such as colors. On the response–independence view, emotional experiences present evaluative response-independent properties (being dangerous, being indigestible, etc.), conceived as ‘Gestalten’ independent of emotional feelings themselves. We show that neither view can make plausible the idea that emotions present values as such, i.e., in an open and transparent way. If emotions have apparent evaluative contents, this is in fact due to evaluative enrichments of the non-evaluative presentational contents of emotions. (shrink)

According to the traditional view of weakness of will, a weak-willed agent acts in a way inconsistent with what she judges to be best.1 Richard Holton has argued against this view, claiming that ‘the central cases of weakness of will are best characterized not as cases in which people act against their better judgment, but as cases in which they fail to act on their intentions’ (1999: 241). But Holton doesn’t think all failures to act on one’s prior intentions, or (...) all revisings of intentions, are cases of weakness of will (WW). Rather, he thinks an intention-revision is a case of WW only when it occurs ‘in circumstances in which [one] should not have revised [the intention]’. Holton points out that according to the traditional view of WW, to call an agent ‘weak-willed’ is to make descriptive claim about the agent (about whether an action in fact is inconsistent with what (s)he judges to be best). But according to Holton’s account, the question of whether the agent was weak-willed ‘will depend on which intentions [the agent] should have stuck with as a rational intender. That is a normative question’ (my emphasis) (241-3, 247-8. (shrink)

The main aim of this thesis is to defend moral realism. In chapter 1, I argue that moral realism is best understood as the view that moral sentences have truth-value, there are moral properties that make some moral sentences true, and moral properties are not reducible to non- moral properties. Realism is contrasted with non-cognitivism, error-theory and reductionism, which, in brief, deny, and, respectively. In the introductory chapter, it is also argued that there are some prima facie reasons to assume (...) that non-cognitivism and error-theory are erroneous. In chapters 2 and 3, I suggest that the two main forms of reductionism, analytic and synthetic reductionism, are mistaken. In chapter 4, I argue that the considerations in the previous chapters in relation to non-cognitivism, error-theory and reductionism provide support to moral realism. It is also suggested that these considerations make it plausible to hypothesise that moral properties depend on non- moral properties in a way I refer to as ‘the realist formula’. The realist formula confirms moral realism since it implies that moral properties are not reducible to non- moral properties. In chapters 5, 6 and 7, I argue that moral realism, much owing to the realist formula, is able to explain significant meta-ethical issues regarding moral disagreement, moral reason and moral motivation. Among other things, externalism concerning moral motivation is defended. The explanatory value of moral realism in relation to these meta-ethical issues is taken to suggest that this view is preferable to non-cognitivism, error-theory and reductionism. Some of the meta-ethical issues discussed in these chapters, particularly moral disagreement and motivation, have been thought to provide support to non-cognitivism and error-theory. I maintain that since realism, unlike reductionism, is able to counter these arguments, it justifies us in upholding the view that moral sentences have truth-value and the view that there are moral properties. In chapter 8, various objections against realism with regard to the dependence of moral properties on non- moral properties are responded to. In chapter 9, I consider an influential argument to the effect that moral properties are not involved in causal explanations. I maintain that this argument fails and that it therefore is reasonable to assume that moral properties are natural properties. However, the discussions in chapters 8 and 9 also suggest that moral realism might face problems that cannot be thoroughly discussed in this thesis. (shrink)

Overview of the main issues about value pluralism.

In this thesis I argue that the affective component of emotional experience plays an essential explanatory role in the acquisition of evaluative knowledge. I call this the notion of affect as a disclosure of value. The thesis is divided into two parts. In the first part I critically assess three contemporary accounts which, I argue, are motivated either implicitly or explicitly by the notion of affect as a disclosure of value. I argue that all three accounts fail due to the (...) theoretical assumptions they inherit from the respective underlying theories of perceptual experience they rely on to theorise the relation between affect and evaluation in emotional experience. Nevertheless, out of the critical assessment I extract three criteria that an account of affect as a disclosure of value ought to satisfy and I clarify the theoretical positions that we ought to avoid. In the second part of the thesis I build on these three criteria to provide an account of affect as a disclosure of value. I argue that at the core of this account is the constitutive thesis that the formation of rationally intelligible motivational states towards an object is constitutive of the disclosure of value. I then argue that a defence of the constitutive thesis commits us to a response-dependent notion of the objectivity of value of the sort defended by David Wiggins and John McDowell. Finally, I rely on the work of John Campbell to clarify both the sort of evaluative knowledge at stake and the role of affect in its acquisition. I argue that the sort of knowledge at stake is the sort that grounds our evaluative concepts and affect provides us with the epistemic access to the evaluative concepts’ semantic value. (shrink)

This essay makes three suggestions: first, that it is attractive to conceive individualistic justification as one of the hallmarks - maybe even the one hallmark - of human rights; secondly, that combining this conception of human rights with standard worries about socioeconomic rights can tempt one to take the phrase "human rights" to refer to any individualistically justified weighty normative consideration (including considerations that are not rights); and thirdly, that reflections on the individuation of rights and rights' dynamic quality give (...) us some reason to resist this temptation - though this reason is interestingly inconclusive. (shrink)

In a recent discussion of disenchantment and re-enchantment Charles Taylor suggests that it is possible to respond to the disenchanted view of the world, in which meaning and value are understood as subjective projections, by articulating a re-enchanted sense of nature or the universe from the perspective of human ‘agency-in-the-world’, in which meaning and value are objective. The question I address in this thesis is, what could it mean to articulate a re-enchantment from within our ‘agency-in-the-world’? In Chapter One I (...) examine the work of John McDowell in order to explore the possibility that he gives sense to the idea of a re-enchantment from within our agency-in-the-world. I conclude that he provides one way of doing so. However I argue that McDowell’s naturalism of second nature can seem limited as it does not address the ‘proto-religious’ dimension to Taylor’s understanding of re-enchantment. In Chapter Two I turn to the work of Roger Scruton to consider whether he provides a re-enchantment from within our agency-in-the-world that does accommodate this proto-religious dimension. I conclude that he does, but raise concerns about how convincing Scruton’s re-enchantment is. I argue that, from a McDowellian point of view, a case can be made that Scruton implicitly accepts as true certain significant elements of the disenchanted view of the world. In Chapter Three I look to the later Heidegger for an alternative re-enchantment from within our agency-in-the-world that attempts to accommodate the proto-religious. I focus on two interpretations of the later Heidegger given by Julian Young and Charles Taylor. In response to a worry put forward by Young, I argue that Charles Taylor’s interpretation can accommodate a proto-religious dimension. In my Conclusion I argue that McDowell’s naturalism of second nature and the understanding of our agency-in-the-world as presented by Taylor’s Heidegger, form interestingly continuous re-enchantments. On this basis I argue that although McDowell himself does not extend his idea of second nature to accommodate the proto-religious, the example of later Heidegger shows that there is nothing inherently limited about the framework of second nature that means it cannot be extended to encompass important proto-religious responses to the world. (shrink)

The "anthropology of moral life", or "moral anthropology", is an approach to moral philosophy which I take to have been initiated by Peter Strawson, and developed, independently and in different ways, by David Wiggins and Daniel Dennett. I take the respective moral anthropologies of Wiggins and Dennett to be complementary, and I propose to synthesize them within a Dennettian framework. The framework involves the definition of a "rationally acceptable language". Descriptions and accounts stated in that language are ontologically interpreted in (...) the light of Dennett's ontology, and the knowledge claims made in the language are assessed in the light of his epistemology, which I take to include a "thesis of anthropocentricity". That thesis, also propounded by Wiggins, confers a vindicatory character to those philosophical accounts to which it is directly related. Thus, both Wiggins' and Dennett's respective moral anthropologies have a strong vindicatory character in regard to common moral life. Moral anthropology shows how the dispositional constitution of the human species "underdetermines" the standards of correctness by reference to which we morally assess conduct, sentiments and judgments, including judgments about what is "morally meaningful". Wiggins' moral anthropology proposes a largely Humean theory of human nature, as well as an insightful description of morality, and of the "unforsakeable" concerns, motives, purposes, needs, aspirations and expectations that are attached to it, and which as such vindicate it. Dennett's moral anthropology proposes an evolutionary theory of human nature, and relates it to a compatibilist account of moral responsibility, free will, and moral decision-making. Regarding the latter, Dennett emphasizes, given our predicament as limited but committed beings, the importance of deliberation-stopping maxims, which I take to play in his moral anthropology a role similar to that. (shrink)

This dissertation explores issues in the philosophy of psychology and metaphysics through the lens of the emotion of disgust, and its corresponding property, disgustingness. The first chapter organizes an extremely large body of data about disgust, imposes two constraints any theory must meet, and offers a cognitive model of the mechanisms underlying the emotion. The second chapter explores the evolution of disgust, and argues for the Entanglement thesis: this uniquely human emotion was formed when two formerly distinct mechanisms, one dedicated (...) to monitoring food intake and protecting against poisons, the other dedicated to protecting against parasitic infection, where driven together until they became functionally integrated. The third chapter explores the sorts of acquisition mechanisms that could give rise to the patterns of individual and cultural level variation we find with disgust elicitors. It argues for the Empathic Acquisition thesis, which holds that one important route for the social acquisition and transmission of disgust elicitors is linked to empathic recognition of facial expressions of the emotion. The fourth chapter builds on the Entanglement thesis, and embeds the emotion of disgust in gene-culture coevolutionary theory and the tribal instincts hypothesis. The Co-opt thesis is defended, which maintains that disgust was co-opted to play an important role in our moral psychology, particularly in our cognition of social norms and ethnic boundary markers. In doing so, however, it brings to bear many features initially linked to poisons and parasites. This explains the puzzling and troublesome character of moral judgments linked to disgust. After shifting gears from psychology to metaphysics, the fifth chapter recasts the Humean tradition of projectivism in the terminology of cognitive science. Using examples such as disgust, I argue that a psychologized projectivism is able to make sense of the idea that some properties are projected onto the world, rather than found there to begin with. The final chapter criticizes three other accounts of the property of disgustingness, two inspired by functionalism in the philosophy of color, one inspired by fittingness accounts in metaethics. I argue that none provide nearly as satisfactory account of the property as the psychologized projectivism articulated previously. (shrink)

The central claim of this thesis is that concepts, the components from which cognitively significant truth evaluable content (thought) is composed, are unstructured entities an account of whose individuation makes no essential reference to other concepts in the possession of the thinking subject or to any particular means by which the reference of the concept is identified by the thinking subject. This position is called Conceptual Atomism and contrasts with Inferential Role Semantics, according to which concepts are individuated by their (...) inferential roles or their conditions of warranted application. The structure of the argument is as follows. Firstly, a principle called the Transparency Principle is developed. This places constraints on the individuation of concepts across differing contexts. The Transparency Principle is then used to show that Inferential Role Semantics is false because it cannot provide a satisfactory account of cognitive dynamics; that is, of the conditions under which a concept is retained through changes in the epistemic state of the subject over a period of time. A version of Conceptual Atomism is then defended and it is shown that this theory yields the correct individuation of concepts. According to this theory the concepts of an individual subject are individuated in terms of referential episodes, episodes of ongoing reference to an object or property during which it is diachronically transparent to the subject that the same thing is being referred to. The more general notion of a referential practice is then used to account for the sharing of concepts by more than one person. Finally, a novel account of the thoughts expressed using indexical terms is defended in order to show that indexicals present no counterexample to Conceptual Atomism. This account of indexical thoughts is of some consequence in its own right. (shrink)

This paper presents an analysis of the various dimensions of independence and impartiality. Among other things, I will argue that the two concepts, both of which are profoundly implicated in the rule of law, can be conceived as values and are perfectly distinguishable from each other. I will also propose a conception of neutrality, as a third distinct value that satisfies the requirement for non-redundancy with regard to independence and impartiality. Hence, judges and arbitrators must be independent, impartial and neutral. (...) Each of these values contributes in different ways to enabling the law to fulfil its distinctive function of facilitating social interaction in complex and plural societies. (shrink)