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On the margins: personhood and moral status in marginal cases of human rights

Dissertation, University of Birmingham (2020)

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  1. Delimiting justice: Animal, vegetable, ecosystem?Angie Pepper - 2018 - Les Ateliers de l'Éthique / the Ethics Forum 13 (1):210-230.
    ANGIE PEPPER | : This paper attempts to bring some clarity to the debate among sentientists, biocentrists, and ecocentrists on the issue of who or what can count as a candidate recipient of justice. I begin by examining the concept of justice and argue that the character of duties and entitlements of justice sets constraints on the types of entities that can be recipients of justice. Specifically, I contend that in order to be a recipient of justice, one must be (...)
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  • Reasons and Persons.Derek Parfit - 1984 - Oxford, GB: Oxford University Press.
    Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...)
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  • How to Build a Robot that is Conscious and Feels.J. Kevin O’Regan - 2012 - Minds and Machines 22 (2):117-136.
    Following arguments put forward in my book (Why red doesn’t sound like a bell: understanding the feel of consciousness. Oxford University Press, New York, USA, 2011), this article takes a pragmatic, scientist’s point of view about the concepts of consciousness and “feel”, pinning down what people generally mean when they talk about these concepts, and then investigating to what extent these capacities could be implemented in non-biological machines. Although the question of “feel”, or “phenomenal consciousness” as it is called by (...)
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  • Harm and Causation.Robert Northcott - 2015 - Utilitas 27 (2):147-164.
    I propose an analysis of harm in terms of causation: harm is when a subject is caused to be worse off. The pay-off from this lies in the details. In particular, importing influential recent work from the causation literature yields a contrastive-counterfactual account. This enables us to incorporate harm's multiple senses into a unified scheme, and to provide that scheme with theoretical ballast. It also enables us to respond effectively to previous criticisms of counterfactual accounts, as well as to sharpen (...)
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  • Wide reflective equilibrium as a method of justification in bioethics.Peter Nichols - 2012 - Theoretical Medicine and Bioethics 33 (5):325-341.
    Carson Strong has recently argued that wide reflective equilibrium (WRE) is an unacceptable method of justification in bioethics. In its place, Strong recommends a methodology in which certain foundational moral judgments play a central role in the justification of moral beliefs, and coherence plays a limited justificatory role in that the rest of our judgments are made to cohere with these foundational judgments. In this paper, I argue that Strong’s chief criticisms of WRE are unsuccessful and that his proposed alternative (...)
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  • What Child Is This?Hilde Lindemann Nelson - 2002 - Hastings Center Report 32 (6):29-38.
    If personhood involves the construction of a narrative identity, then what are we to say of someone who is seriously ill or disabled? How can her life have any narrative when she is unable to write one?
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  • Animals, handicapped children and the tragedy of marginal cases.J. L. Nelson - 1988 - Journal of Medical Ethics 14 (4):191-193.
    There are human beings whose psychological capacities are rivalled or exceeded by many non-human animals; such humans are often referred to as 'marginal cases'. R G Frey has argued that there is no secure, non-arbitrary way of morally distinguishing between marginal humans and non-human animals. Hence, if the benefits of vivisection justify such painful and lethal procedures being performed on animals, so is the vivisection of marginal humans justified. This is a conclusion Frey is driven to with 'great reluctance', but (...)
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  • Machines and the Moral Community.Erica L. Neely - 2013 - Philosophy and Technology 27 (1):97-111.
    A key distinction in ethics is between members and nonmembers of the moral community. Over time, our notion of this community has expanded as we have moved from a rationality criterion to a sentience criterion for membership. I argue that a sentience criterion is insufficient to accommodate all members of the moral community; the true underlying criterion can be understood in terms of whether a being has interests. This may be extended to conscious, self-aware machines, as well as to any (...)
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  • When rights conflict.Phillip Montague - 2001 - Legal Theory 7 (3):257-277.
    You and I are neighbors, with our houses situated closely together. You lead a group of rock musicians who can practice only in the evenings in your backyard; while I, on the other hand, enjoy nothing more than quiet evenings spent on my porch accompanied by the sounds of frogs and crickets. Presumably, you have a right to pursue your musical career, and I have a right quietly to enjoy my property. If we do indeed have these rights, however, then (...)
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  • Granting Automata Human Rights: Challenge to a Basis of Full-Rights Privilege.Lantz Fleming Miller - 2015 - Human Rights Review 16 (4):369-391.
    As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata full human rights, or those set forth in common international rights documents. This paper’s approach is to consider the ontology of humans (...)
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  • Defining Dignity and Its Place in Human Rights.Lucy Michael - 2014 - The New Bioethics 20 (1):12-34.
    The concept of dignity is widely used in society, particularly in reference to human rights law and bioethics. Several conceptions of dignity are identified, falling broadly within two categories: full inherent dignity (FID) and non-inherent dignity (NID). FID is a quality belonging equally to every being with full moral status, including all members of the human natural kind; it is permanent, unconditional, indivisible and inviolable. Those beings with FID ought to be treated deferentially by others by virtue of their belonging (...)
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  • The Ethics of Killing: Problems at the Margins of Life.Jeff McMahan - 2002 - New York, US: OUP Usa.
    A comprehensive study of the ethics of killing in cases in which the metaphysical or moral status of the individual killed is uncertain or controversial. Among those beings whose status is questionable or marginal in this way are human embryos and fetuses, newborn infants, animals, anencephalic infants, human beings with severe congenital and cognitive impairments, and human beings who have become severely demented or irreversibly comatose. In an effort to understand the moral status of these beings, this book develops and (...)
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  • Challenges To Human Equality.Jeff McMahan - 2007 - The Journal of Ethics 12 (1):81-104.
    According to liberal egalitarian morality, all human beings are one another's moral equals. Nonhuman animals, by contrast, are not considered to be our moral equals. This essay considers two challenges to the liberal egalitarian view. One is the ``separation problem,'' which is the challenge to identify a morally significant intrinsic difference between all human beings and all nonhuman animals. The other is the “equality problem,” which is to explain how all human beings can be morally equal when there are some (...)
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  • Why abortion is immoral.Don Marquis - 1989 - Journal of Philosophy 86 (4):183-202.
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  • Abortion and the Beginning and End of Human Life.Don Marquis - 2006 - Journal of Law, Medicine and Ethics 34 (1):16-25.
    How can the abortion issue be resolved? Many believe that the issue can be resolved if, and only if, we can determine when human life begins. Those opposed to abortion choice typically say that human life begins at conception. Many who favor abortion choice say that we will never know when human life begins. The importance of the when-does-human-life-begin issue is not so much argued for as it is taken to be self-evident. Furthermore, belief that this issue is fundamental is (...)
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  • Legal right and social democracy: essays in legal and political philosophy.Neil MacCormick - 1982 - New York: Oxford University Press.
    This work is a controversial collection of interrelated papers investigating and arguing about issues of concern to lawyers and politicians today. MacCormick combines a scholarly concern with leading thinkers such as John Locke, Lord Stair, Adam Smith and David Hume, John Rawls, Ronald Dworkin, and Patrick Atiyah, and stringently argued view of questions of political obligation, civil liberty, and legal rights.
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  • The Substance View: A Critique.Rob Lovering - 2012 - Bioethics 27 (5):263-70.
    According to the theory of intrinsic value and moral standing called the ‘substance view,’ what makes it prima facie seriously wrong to kill adult human beings, human infants, and even human fetuses is the possession of the essential property of the basic capacity for rational moral agency – a capacity for rational moral agency in root form and thereby not remotely exercisable. In this critique, I cover three distinct reductio charges directed at the substance view's conclusion that human fetuses have (...)
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  • Human Rights as Fundamental Conditions for a Good Life.S. Matthew Liao - 2015 - In The Right to Be Loved. Oxford University Press USA.
    What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...)
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  • The moral duty to reduce the risk of child sexual abuse.Sergei Levin - 2019 - Human Affairs 29 (2):188-198.
    A paedophile is a person with a sexual attraction to children; some paedophiles commit child sex abuse offences. For such acts, they hold moral and legal responsibility, which presupposes that paedophiles are moral agents who can distinguish right from wrong and are capable of self-control. Like any other moral agents, paedophiles have moral duties. Some moral duties are universal, e.g., the duty not to steal. Whether there are any specific moral duties related to paedophilia is the topic of this paper. (...)
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  • Am I a Racist? Implicit Bias and the Ascription of Racism.Neil Levy - 2017 - Philosophical Quarterly 67 (268):534-551.
    There is good evidence that many people harbour attitudes that conflict with those they endorse. In the language of social psychology, they seem to have implicit attitudes that conflict with their explicit beliefs. There has been a great deal of attention paid to the question whether agents like this are responsible for actions caused by their implicit attitudes, but much less to the question whether they can rightly be described as racist in virtue of harbouring them. In this paper, I (...)
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  • Some Doubts about Alternatives to the Interest Theory of Rights.Matthew H. Kramer - 2013 - Ethics 123 (2):245-263.
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  • At the margins of moral personhood.Eva Kittay - 2005 - Ethics 116 (1):100-131.
    In this article I examine the proposition that severe cognitive disability is an impediment to moral personhood. Moral personhood, as I understand it here, is articulated in the work of Jeff McMahan as that which confers a special moral status on a person. I rehearse the metaphysical arguments about the nature of personhood that ground McMahan’s claims regarding the moral status of the “congenitally severely mentally retarded” (CSMR for short). These claims, I argue, rest on the view that only intrinsic (...)
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  • Intersectionality and ameliorative analyses of race and gender.Karen Jones - 2013 - Philosophical Studies 171 (1):99-107.
    This discussion of Sally Haslanger’s recent book, Resisting Reality: Social Construction and Social Critique (Oxford 2012), investigates how her theory of race and gender handles the problem of intersectionality; that is, the problem of how to understand the ways in which one’s location in multiple socially constructed categories affects one’s lived experiences, social roles, and relative privilege or disadvantage. Haslanger defines race and gender as locations within hierarchical social structures. This high-level structural analysis allows her to find commonality without claiming (...)
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  • Agency and moral relationship in dementia.Bruce Jennings - 2009 - Metaphilosophy 40 (3-4):425-437.
    This essay examines the goals of care and the exercise of guardianship authority in the long-term care of persons with Alzheimer's disease and other forms of chronic, progressive dementia. It counters philosophical views that deny both agency and personhood to individuals with Alzheimer's on definitional or analytic conceptual grounds. It develops a specific conception of the quality of life and offers a critique of hedonic conceptions of quality of life and models of guardianship that are based on a hedonic legal (...)
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  • Caring and full moral standing.Agnieszka Jaworska - 2007 - Ethics 117 (3):460-497.
    A being has moral standing if it or its interests matter intrinsically, to at least some degree, in the moral assessment of actions and events. For instance, animals can be said to have moral standing if, other things being equal, it is morally bad to intentionally cause their suffering. This essay focuses on a special kind of moral standing, what I will call “full moral standing” (FMS), associated with persons. In contrast to the var- ious accounts of what ultimately grounds (...)
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  • Thinking about Justice in the Unjust Meantime.Alison M. Jaggar - 2019 - Feminist Philosophy Quarterly 5 (2).
    Many philosophers endorse the ideal of justice yet disagree radically over what that ideal requires. One persistent problem for thinking about justice is that the unjust social arrangements that originally motivated our questions may also distort our thinking about possible answers. This paper suggests some strategies for improving our thinking about justice in the unjust meantime. As our world becomes more just, we may expect our thinking about justice to improve.
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  • On sexual equality.Alison Jaggar - 1974 - Ethics 84 (4):275-291.
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  • Why There Are No Human Rights.Douglas N. Husak - 1984 - Social Theory and Practice 10 (2):125-141.
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  • Spinning the Wheel or Tossing a Coin?Robert Huseby - 2011 - Utilitas 23 (2):127-139.
    In the literature on the so-called numbers problem, some authors have recently argued that the individualist lottery (IL) avoids the flaws of the proportional lottery. This article first presents two recent defenses of the IL, and then argues that both are implausible if we focus, as we should, strictly on their non-consequentialist aspects. This conclusion holds even if we take account of the fact that the IL is arguably that solution to the numbers problem which best meets the marginal difference (...)
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  • What is speciesism?Oscar Horta - 2010 - Journal of Agricultural and Environmental Ethics 23 (3):243-266.
    In spite of the considerable literature nowadays existing on the issue of the moral exclusion of nonhuman animals, there is still work to be done concerning the characterization of the conceptual framework with which this question can be appraised. This paper intends to tackle this task. It starts by defining speciesism as the unjustified disadvantageous consideration or treatment of those who are not classified as belonging to a certain species. It then clarifies some common misunderstandings concerning what this means. Next, (...)
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  • Discrimination in Terms of Moral Exclusion.Oscar Horta - 2010 - Theoria 76 (4):314-332.
    This article tries to define what discrimination is and to understand in particular detail its most important instances: those in which the satisfaction of interests is at stake. These cases of discrimination will be characterized in terms of deprivations of benefits. In order to describe and classify them we need to consider three different factors: the benefits of which discriminatees are deprived, the criteria according to which such benefits are denied or granted, and the justification that such deprivation of benefits (...)
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  • Griffin on Human Rights.Brad Hooker - 2010 - Oxford Journal of Legal Studies 30 (1):193-205.
    This review article considers James Griffin's book On Human Rights, which is an immensely important contribution to moral and political thought. The review article starts by explaining why Griffin thinks that the term ‘human right’ suffers from an unacceptable indeterminateness of sense, and then summarizes Griffin's objections to various prominent accounts of human rights. An outline of Griffin's own account of human rights follows. His theory grounds human rights in ‘personhood’ and practicalities. The final section of the article explores Griffin's (...)
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  • Four legs good, personhood better!John Harris - 1998 - Res Publica 4 (1):51-58.
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  • Does justice require that we be ageist?John Harris - 1994 - Bioethics 8 (1):74-83.
    ABSTRACTThis paper restates some of the principal arguments against an automatic preference for the young as advocated by Kappel and Sandøe, arguments many of which have been extant for over a decade but which Kappel and Sandøe largely ignore. It then goes on to demonstrate that Kappel and Sandøe's “indifference test” fails to do the work required of it because it can be met by unacceptable conceptions of justice. The paper develops a number of new arguments against what I have (...)
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  • Are there any natural rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
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  • The metaphysics of harm.Matthew Hanser - 2008 - Philosophy and Phenomenological Research 77 (2):421-450.
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  • The Making and Molding of Child Abuse.Ian Hacking - 1991 - Critical Inquiry 17 (2):253-288.
    Some evil actions are public. Maybe genocide is the most awful. Other evil actions are private, a matter of one person harming another or of self-inflicted injury. Child abuse, in our current reckoning, is the worst of private evils. We want to put a stop to it. We know we can’t do that, not entirely. Human wickedness won’t go away. But we must protect as many children as we can. We want also to discover and help those who have already (...)
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  • The other question: can and should robots have rights?David J. Gunkel - 2018 - Ethics and Information Technology 20 (2):87-99.
    This essay addresses the other side of the robot ethics debate, taking up and investigating the question “Can and should robots have rights?” The examination of this subject proceeds by way of three steps or movements. We begin by looking at and analyzing the form of the question itself. There is an important philosophical difference between the two modal verbs that organize the inquiry—can and should. This difference has considerable history behind it that influences what is asked about and how. (...)
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  • Death as a Social Harm.Lori Gruen - 2014 - Southern Journal of Philosophy 52 (S1):53-65.
    Lately there has been increased attention to the philosophical issues that death raises, but the focus remains individualistic. Death is philosophically puzzling. Death is thought to be bad for the individual who dies, but there is no one there to experience death as a harm. In this paper I argue that the harm of death is a social harm. Of course, social relationships are fundamentally changed when any member of a social group dies. Death is harmful for those left behind. (...)
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  • The will theory of rights: A defence. [REVIEW]Paul Graham - 1996 - Law and Philosophy 15 (3):257 - 270.
    Hart's will theory of rights has been subjected to at least three significant criticisms. First, it is thought unable to account for the full range of legal rights. Second, it is incoherent, for it values freedom while permitting an agent the option of alienating his or her capacity for choice. Third, any attempt to remedy the first two problems renders the theory reducible to the rival benefit theory. My aim is to address these objections. I argue that will theory has (...)
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  • Rethinking Dignity.Kristi Giselsson - 2018 - Human Rights Review 19 (3):331-348.
    The concept of dignity is widely debated as to its efficacy as a ground upon which to base respect particularly in relation to human rights. Traditional concepts of inherent dignity associate dignity with the possession of rationality and autonomy, which consequently excludes non-rational humans from being viewed as possessing inherent dignity and therefore equal and inherent worth. This paper offers a theory of inherent dignity based on an account of a common humanity within which all humans might be seen as (...)
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  • The Epistemology of Human Rights.Alan Gewirth - 1984 - Social Philosophy and Policy 1 (2):1.
    Human rights are rights which all persons equally have simply insofar as they are human. But are there any such rights? How, if at all, do we know that there are? It is with this question of knowledge, and the related question of existence, that I want to deal in this paper. 1. CONCEPTUAL QUESTIONS The attempt to answer each of these questions, however, at once raises further, more directly conceptual questions. In what sense may human rights be said to (...)
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  • Reason and morality.Alan Gewirth - 1978 - Chicago: University of Chicago Press.
    "Most modern philosophers attempt to solve the problem of morality from within the epistemological assumptions that define the dominant cultural perspective of our age. Alan Gewirth's Reason and Morality is a major work in this ongoing enterprise. Gewirth develops, with patience and skill, what he calls a 'modified naturalism' in which morality is derived by logic alone from the concept of action.... I think that the publication of Reason and Morality is a major event in the history of moral philosophy. (...)
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  • Necessity and desire.Harry G. Frankfurt - 1984 - Philosophy and Phenomenological Research 45 (1):1-13.
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  • Freedom of the will and the concept of a person.Harry G. Frankfurt - 1971 - Journal of Philosophy 68 (1):5-20.
    It is my view that one essential difference between persons and other creatures is to be found in the structure of a person's will. Besides wanting and choosing and being moved to do this or that, men may also want to have certain desires and motives. They are capable of wanting to be different, in their preferences and purposes, from what they are. Many animals appear to have the capacity for what I shall call "first-order desires" or "desires of the (...)
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  • The justification of human rights and the basic right to justification: A reflexive approach.Rainer Forst - 2010 - Ethics 120 (4):711-740.
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  • Why We Need Needs-Based Justifications of Human Rights.Rita Floyd - 2011 - Journal of International Political Theory 7 (1):103-115.
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  • The nature and value of rights.Joel Feinberg & Jan Narveson - 1970 - Journal of Value Inquiry 4 (4):243-260.
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  • Social philosophy.Joel Feinberg - 1973 - Englewood Cliffs, N.J.,: Prentice-Hall.
    This book discusses problems of conceptual analysis as well as normative issues of vital contemporary concern.
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  • Epistemic dimensions of personhood.Simon Evnine - 2008 - New York: Oxford University Press.
    Simon Evnine examines various epistemic aspects of what it is to be a person. Persons are defined as finite beings that have beliefs, including second-order beliefs about their own and others' beliefs, and are agents, capable of making long-term plans. It is argued that for any being meeting these conditions, a number of epistemic consequences obtain. First, all such beings must have certain logical concepts and be able to use them in certain ways. Secondly, there are at least two principles (...)
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