Over the past fifteen years there has been a considerable amount of debate concerning what theoretical population dynamic models tell us about the nature of natural selection and drift. On the causal interpretation, these models describe the causes of population change. On the statistical interpretation, the models of population dynamics models specify statistical parameters that explain, predict, and quantify changes in population structure, without identifying the causes of those changes. Selection and drift are part of a statistical description of population (...) change; they are not discrete, apportionable causes. Our objective here is to provide a definitive statement of the statistical position, so as to allay some confusions in the current literature. We outline four commitments that are central to statisticalism. They are: 1. Natural Selection is a higher order effect; 2. Trait fitness is primitive; 3. Modern Synthesis (MS)-models are substrate neutral; 4. MS-selection and drift are model-relative. (shrink)

This paper points to some problems for the position that D.M. Walsh calls "alternative individualism," and argues that in defending this view Walsh has omitted an important part of what separates individualists and externalists in psychology. Walsh's example of Hox gene complexes is discussed in detail to show why some sort of externalism about scientific taxonomy more generally is a more plausible view than any extant version of individualism.

The idea that the brain is a representational organ has roots in the nineteenth century, when neurologists began drawing conclusions about what the brain represents from clinical and experimental studies. One of the earliest controversies surrounding representation in the brain was the “muscles versus movements” debate, which concerned whether the motor cortex represents complex movements or rather fractional components of movement. Prominent thinkers weighed in on each side: neurologists John Hughlings Jackson and F.M.R. Walshe in favor of complex movements, neurophysiologist (...) Charles Sherrington and neurosurgeon Wilder Penfield in favor of movement components. This essay examines these and other brain scientists’ evolving notions of representation during the first eighty years of the muscles versus movements debate (c. 1873–1954). Although participants agreed about many of the superficial features of representation, their inferences reveal deep-seated disagreements about its inferential role. Divergent epistemological commitments stoked conflicting conceptions of what representational attributions imply and what evidence supports them. (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

Vlastos, G. Introduction: the paradox of Socrates.--Lacey, A. R. Our knowledge of Socrates.--Dover, K. J. Socrates in the Clouds.--Robinson, R. Elenchus.--Robinson, R. Elenchus, direct and indirect.--Robinson, R. Socratic definition.--Nakhnikian, G. Elenctic definitions.--Cohen, S. M. Socrates on the definition of piety: Euthyphro 10A-11B.--Santas, G. Socrates at work on virtue and knowledge in Plato's Laches.--Burnyeat, M. F. Virtues in action.--Walsh, J. J. The Socratic denial of Akrasia.--Santas, G. Plato's Protagoras and explanations of weakness.--Woozley, A. D. Socrates on disobeying the law.--Allen, R. (...) E. Plato's earlier theory of forms. (shrink)

Two things become one thing, something having parts, and something becoming something else, are cases of many things being identical with one thing. This apparent contradiction introduces others concerning transitivity of identity, discernibility of identicals, existence, and vague existence. I resolve the contradictions with a theory that identity, number, and existence are relative to standards for counting. What are many on some standard are one and the same on another. The theory gives an account of the discernibility of identicals using (...) phrases like “insofar as”. And it holds that standards for counting remain or shift depending on our purposes. (shrink)

Slurs possess interesting linguistic properties and so have recently attracted the attention of linguists and philosophers of language. For instance the racial slur "nigger" is explosively derogatory, enough so that just hearing it mentioned can leave one feeling as if they have been made complicit in a morally atrocious act.. Indeed, the very taboo nature of these words makes discussion of them typically prohibited or frowned upon. Although it is true that the utterance of slurs is illegitimate and derogatory in (...) most contexts, sufficient evidence suggests that slurs are not always or exclusively used to derogate. In fact, slurs are frequently picked up and appropriated by the very in-group members that the slur was originally intended to target. This might be done, for instance, as a means for like speakers to strengthen in-group solidarity. So an investigation into the meaning and use of slurs can give us crucial insight into how words can be used with such derogatory impact, and how they can be turned around and appropriated as vehicles of rapport in certain contexts among in-group speakers. In this essay I will argue that slurs are best characterized as being of a mixed descriptive/expressive type. Next, I will review the most influential accounts of slurs offered thus far, explain their shortcomings, then provide a new analysis of slurs and explain in what ways it is superior to others. Finally, I suggest that a family-resemblance conception of category membership can help us achieve a clearer understanding of the various ways in which slurs, for better or worse, are actually put to use in natural language discourse. (shrink)

This paper argues for a Husserlian account of phenomenal intentionality. Experience is intentional insofar as it presents a mind-independent, objective world. Its doing so is a matter of the way it hangs together, its having a certain structure. But in order for the intentionality in question to be properly understood as phenomenal intentionality, this structure must inhere in experience as a phenomenal feature. Husserl’s concept of horizon designates this intentionality-bestowing experiential structure, while his concept of motivation designates the unique phenomenal (...) character of this structure as it is experientially lived through. The way experience hangs together is itself a phenomenal feature of experience. (shrink)

I critically examine the semantic view of theories to reveal the following results. First, models in science are not the same as models in mathematics, as holders of the semantic view claim. Second, when several examples of the semantic approach are examined in detail no common thread is found between them, except their close attention to the details of model building in each particular science. These results lead me to propose a deflationary semantic view, which is simply that model construction (...) is an important component of theorizing in science. This deflationary view is consistent with a naturalized approach to the philosophy of science. (shrink)

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent who (...) may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

In the Bayesian approach to quantum mechanics, probabilities—and thus quantum states—represent an agent’s degrees of belief, rather than corresponding to objective properties of physical systems. In this paper we investigate the concept of certainty in quantum mechanics. Particularly, we show how the probability-1 predictions derived from pure quantum states highlight a fundamental difference between our Bayesian approach, on the one hand, and Copenhagen and similar interpretations on the other. We first review the main arguments for the general claim that probabilities (...) always represent degrees of belief. We then argue that a quantum state prepared by some physical device always depends on an agent’s prior beliefs, implying that the probability-1 predictions derived from that state also depend on the agent’s prior beliefs. Quantum certainty is therefore always some agent’s certainty. Conversely, if facts about an experimental setup could imply agent-independent certainty for a measurement outcome, as in many Copenhagen-like interpretations, that outcome would effectively correspond to a preexisting system property. The idea that measurement outcomes occurring with certainty correspond to preexisting system properties is, however, in conflict with locality. We emphasize this by giving a version of an argument of Stairs [(1983). Quantum logic, realism, and value-definiteness. Philosophy of Science, 50, 578], which applies the Kochen–Specker theorem to an entangled bipartite system. (shrink)

The aim of this study was to explore the existence of moral distress among nurses in Lilongwe District of Malawi. Qualitative research was conducted in selected health institutions of Lilongwe District in Malawi to assess knowledge and causes of moral distress among nurses and coping mechanisms and sources of support that are used by morally distressed nurses. Data were collected from a purposive sample of 20 nurses through in-depth interviews using a semi-structured interview guide. Thematic analysis of qualitative data was (...) used. The results show that nurses, irrespective of age, work experience and tribe, experienced moral distress related to patient/nursing care. The major distressing factors were inadequate resources and lack of respect from patients, guardians, peers and bosses. Nurses desire teamwork and ethics committees in their health institutions as a means of controlling and preventing moral distress. There is a need for creation of awareness for nurses to recognize and manage moral distress, thus optimizing their ability to provide quality and uncompromised nursing care. (shrink)

Multidimensional concepts are everywhere, and they are important. Examples include moral value, welfare, scientific confirmation, democracy, and biodiversity. How, if at all, can we aggregate the underlying dimensions of a multidimensional concept F to yield verdicts about which things are Fer than which overall? Social choice theory can be used to model and investigate this aggregation problem. Here, we focus on a particularly thorny problem made salient by this social choice-theoretic framework: the underlying dimensions of a given concept might be (...) measurable on different types of scales—e.g., some ordinal and some cardinal. An underappreciated impossibility theorem due to Anna Khmelnitskaya shows that seemingly plausible constraints on aggregation across scale types are inconsistent. This impossibility threatens to render the notion of overall Fness incoherent. We attempt to defuse this threat, arguing that the impossibility depends on an overly restrictive conception of measurement and of how measurement constrains aggregation. Adopting a more flexible—and, we think, more perspicuous—conception of measurement opens an array of possibilities for aggregation across disparate scale types. (shrink)

This paper assesses the role of the Refutation of Idealism within the Critique of Pure Reason, as well as its relation to the treatment of idealism in the First Edition and to transcendental idealism more generally. It is argued that the Refutation is consistent with the Fourth Paralogism and that it can be considered as an extension of the Transcendental Deduction. While the Deduction, considered on its own, constitutes a 'regressive argument', the Refutation allows us to turn the Transcendental Analytic (...) into a 'progressive argument' that proceeds by the synthetic method. (shrink)

I argue via examples that there are cases in which things that are not two distinct things qualitatively differ without contradiction. In other words, there are cases in which something differs from itself. Standard responses to such cases are to divide the thing into distinct parts, or to conceive of the thing under different descriptions, or to appeal to different times, or to deny that the property had is the property lacked. I show these responses to be unsatisfactory. I then (...) gather and systematize available ways of talking about such cases with phrases like ‘insofar as’, ‘qua’, ‘to the extent that’, ‘in some respect’, etc., while paying special attention to the scope of ‘not’ when used with these phrases. This allows me to show how we can speak of self-differing without contradiction. (shrink)

This contribution provides an assessment of the epistemological role of scientific models. The prevalent view that all scientific models are representations of the world is rejected. This view points to a unified way of resolving epistemic issues for scientific models. The emerging consensus in philosophy of science that models have many different epistemic roles in science is presented and defended.

This paper develops co-ordinated multiple-domain supervenience relations to model determination and dependence relations between complex entities and their constituents by appealing to R-related pairs and by making use of associated isomorphisms. Supervenience relations are devised for order-sensitive and repetition-sensitive mereologies, for mereological systems that make room for many-many composition relations, as well as for hierarchical mereologies that incorporate compositional and hylomorphic structure. Finally, mappings are provided for theories that consider wholes to be prior to their parts.

Racial epithets are terms used to characterize people on the basis of their race, and are often used to harm the people that they target. But what do racial epithets mean, and how do they work to harm in the way that they do? In this essay I set out to answer these questions by offering a pragmatic view of racial epithets, while contrasting my position with Christopher Hom's semantic view.

Ordinary usage gives a way to think of identity through time: the Pittsburgh of 1946 was the same city as the Pittsburgh of today is--namely Pittsburgh. Problem: The Pittsburgh of 1946 does not exist; Pittsburgh still does. How can they have been identical? I reject the temporal parts view on which they were not but we may speak as though they were. Rather I argue that claiming their identity is not contradictory. I interpret ‘the Pittsburgh of 1946’ as ‘Pittsburgh as (...) it was in 1946’ and suggest that the apparent contradiction results from an ambiguity in the scope of ‘as’. (shrink)

Recent literature on Christian nationalism by sociologists of religion in the United States identifies a perceived novel phenomenon: the fusion of authoritarian governmental forms with Christianity. However, the socio-historical origin of this international trend has been left relatively unexplored. Therefore, the goal of this chapter is to create a single international account that lends itself to future comparative theoretical frameworks and analyses through the term "Christofascism." -/- The chapter can also be accessed on google books at the link included in (...) the description. Finally, order the book on Routledge's website, also linked in the description. (shrink)

This chapter identifies and explores a series of challenges raised by the clinical concept of delusion for theories which conceive autonomy as an agency rather than a status concept. The first challenge is to address the autonomy-impairing nature of delusions consistently with their role as grounds for full legal and ethical excuse, on the one hand, and psychopathological significance as key symptoms of psychoses, on the other. The second challenge is to take into account the full logical range of delusions, (...) which may take the form of true or false factual beliefs, positive or negative evaluations, as well as the paradoxical delusion of mental illness. The third and final challenge is to make room for non-pathological or, autonomy-preserving delusions and to offer a credible way of distinguishing between these and pathological or, autonomy-impairing delusions. By setting out these challenges, we are able to, firstly, distinguish between two separate conceptions of objectivity that may be at work in existing accounts of delusions and, secondly, to put a spotlight on an elusive yet inescapable notion of agential success that underlies our thinking about autonomy as well as mental disorder. (shrink)

When so much is being written on conscious experience, it is past time to face the question whether experience happens that is not conscious of itself. The recognition that we and most other living things experience non-consciously has recently been firmly supported by experimental science, clinical studies, and theoretic investigations; the related if not identical philosophic notion of experience without a subject has a rich pedigree. Leaving aside the question of how experience could become conscious of itself, I aim here (...) to demonstrate that the terms experience and consciousness are not interchangeable. Experience is a notoriously difficult concept to pin down, but I see non-conscious experience as based mainly in momentary sensations, relational between bodies or systems, and probably common throughout the natural world. If this continuum of experience — from non-conscious, to conscious, to self-transcending awareness — can be understood and accepted, radical constructivism (the “outside” world as a construct of experience) will gain a firmer foundation, panexperientialism (a living universe) may gain credibility, and psi will find its medium. (shrink)

Leibniz’s mechanistic reduction of colors and other sensible qualities commits him to two theses about our knowledge of those qualities: first, that we can acquire ideas of sensible qualities apart from any direct acquaintance with the qualities themselves; second, that we can acquire distinct (i.e., non-confused) ideas of such qualities through the development of physical-theoretical accounts. According to some commentators, however, Leibniz frequently denies both claims. His views on the subject are muddled and incoherent, they say, both because he is (...) ambivalent about the nature of sensible qualities, and because he gets confused about confusion, losing sight of his own distinction between the confusion proper to perceptions and that proper to ideas. In opposition to this, I argue that the critics have misunderstood Leibniz’s views, which are both consistent over time and coherent. The key to understanding his position is to appreciate what he characterizes as a kind of redundancy in our ideas of sensible qualities, a crucial feature of his view overlooked by the critics. (shrink)

Plato’s view on pleasure in the Republic emerges in the course of developing the third proof of his central thesis that the just man is happier than the unjust. Plato presents it as the “greatest and most decisive” proof of his central thesis, so one might expect to find an abundance of scholarly work on it. Paradoxically, however, this argument has received little attention from scholars, and what has been written on it has generally been harshly critical. I believe that (...) this treatment of the argument has been unfair and that the relevant passages deserve a more careful and charitable interpretation. In this paper, I take up two serious charges that scholars have leveled against this proof, that it is inconsistent and that it involves a “fatal ambiguity”. I show that these charges result from misinterpreting Plato’s text, and I offer an alternative interpretation of the relevant passages. In doing so, I hope to shed some light on the complexities involved in Plato’s unappreciated third proof. (shrink)

In this paper, I explore a possible convergence between two great twentieth century thinkers, Nishida Kitarō of Japan and Martin Heidegger of Germany. The focus is on the quasi-religious language they employ in discussing the grounding of human existence in terms of an encompassing Wherein for our being. Heidegger speaks of “the sacred” and “the passing of the last god” that mark an empty clearing wherein all metaphysical absolutes or gods have withdrawn but are simultaneously indicative of an opening wherein (...) beings are given. Nishida speaks of “the religious” dimension in the depths of one's being, that he calls “place,” and that somehow envelops the world through its kenotic self-negation. In both we find reference to a kind of originary space—the open or place—associated with quasireligious themes. I also point to their distinct approaches to metaphysical language in their attempts to give voice to that abysmal thought. (shrink)

Aesthetic non-cognitivists deny that aesthetic statements express genuinely aesthetic beliefs and instead hold that they work primarily to express something non-cognitive, such as attitudes of approval or disapproval, or desire. Non-cognitivists deny that aesthetic statements express aesthetic beliefs because they deny that there are aesthetic features in the world for aesthetic beliefs to represent. Their assumption, shared by scientists and theorists of mind alike, was that language-users possess cognitive mechanisms with which to objectively grasp abstract rules fixed independently of human (...) responses, and that cognizers are thereby capable of grasping rules for the correct application of aesthetic concepts without relying on evaluation or enculturation. However, in this article I use Wittgenstein’s rule-following considerations to argue that psychological theories grounded upon this so-called objective model of rule-following fail to adequately account for concept acquisition and mastery. I argue that this is because linguistic enculturation, and the perceptual learning that’s often involved, influences and enables the mastery of aesthetic concepts. I argue that part of what’s involved in speaking aesthetically is to belong to a cultural practice of making sense of things aesthetically, and that it’s within a socio-linguistic community, and that community’s practices, that such aesthetic sense can be made intelligible. (shrink)

Book synopsis: Our mental lives are entwined with the world. There are worldly things that we have beliefs about and things in the world we desire to have happen. We find some things fearsome and others likable. The puzzle of intentionality — how it is that our minds make contact with the world — is one of the oldest and most vexed issues facing philosophers. Many contemporary philosophers and cognitive scientists have been attracted to the idea that our minds represent (...) the world. This book explores an important assumption about representation, namely, that when we represent things in the world, we represent them as having properties, and in this way our representations have "propositional" structure. The contributors examine what the commitment to propositionalism amounts to; illuminate why one might find the thesis attractive ; and consider ways in which one might depart from propositionalism. The hope is that this will lead towards a more complete understanding of how the mind and world are connected. (shrink)

Sleep onset is associated with marked changes in behavioral, physiological, and subjective phenomena. In daily life though subjective experience is the main criterion in terms of which we identify it. But very few studies have focused on these experiences. This study seeks to identify the subjective variables that reflect sleep onset. Twenty young subjects took an afternoon nap in the laboratory while polysomnographic recordings were made. They were awakened four times in order to assess subjective experiences that correlate with the (...) (1) appearance of slow eye movement, (2) initiation of stage 1 sleep, (3) initiation of stage 2 sleep, and (4) 5 min after the start of stage 2 sleep. A logistic regression identified control over and logic of thought as the two variables that predict the perception of having fallen asleep. For sleep perception, these two variables accurately classified 91.7% of the cases; for the waking state, 84.1%. (shrink)

The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...) reconstruct the role of its conception of public justification, its implied contextualism about justified belief, its conceptions of toleration, neutrality, good reasons, and legitimacy, and, not least, its justification-constitutive conception of reasonableness.) Contrary to what is often assumed, then, at the level of a vindication of the very project of a universalist constructivism, universalist constructivists should construe perfectionists not as their opponents, but as partial, though uneasy, allies. (shrink)

Non-cognitivists claim that thick concepts can be disentangled into distinct descriptive and evaluative components and that since thick concepts have descriptive shape they can be mastered independently of evaluation. In Non-Cognitivism and Rule-Following, John McDowell uses Wittgenstein’s rule-following considerations to show that such a non-cognitivist view is untenable. In this paper I do several things. I describe the non-cognitivist position in its various forms and explain its driving motivations. I then explain McDowell’s argument against non-cognitivism and the Wittgensteinian considerations upon (...) which it relies, because this has been sufficiently misunderstood by critics and rarely articulated by commentators. After clarifying McDowell’s argument against non-cognitivism, I extend the analysis to show that commentators of McDowell have failed to appreciate his argument and that critical responses have been weak. I argue against three challenges posed to McDowell, and show that the case of thick concepts should lead us to reject non-cognitivism. (shrink)

In this article, I present a two-pronged argument for the immorality of contemporary, asymmetric drone warfare, based on my new interpretations of the just war principles of “proportionality” and “moral equivalence of combatants” (MEC). The justification for these new interpretations is that drone warfare continues to this day, having survived despite arguments against it that are based on traditional interpretations of just war theory (including one from Michael Walzer). On the basis of my argument, I echo Harry Van der Linden’s (...) call for “an international treaty banning all weaponized UAV [uninhabited aerial vehicles].”. (shrink)

This paper provides an account of Kant's categories of freedom, explaining how they fit together and what role they are supposed to play. My interpretation places particular emphasis on the structural features that the table of the categories of freedom shares with the table of judgements and the table of categories laid out by Kant in the Critique of Pure Reason. In this way we can identify two interpretative constraints, namely (i) that the categories falling under each heading must form (...) a synthetic unity whereby the third one derives from the combination of the other two. and (ii) that the first two categories falling under each heading must be morally undetermined and sensibly conditioned, while the third category is sensibly unconditioned and determined only by the moral law. (shrink)

In this essay, I attempt to outline a feminist philosophical approach to the current debate concerning (allegedly) false memories of childhood sexual abuse. Bringing the voices of feminist philosophers to bear on this issue highlights the implicit and sometimes questionable epistemological, metaphysical, and ethical-political commitments of some therapists and scientists involved in these debates. It also illuminates some current debates in and about feminist philosophy.

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the (...) effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

To fully respond to the demands of multiculturalism, a view of toleration would need to duly respect diversity both at the level of the application of principles of toleration and at the level of the justificatory foundations that a view of toleration may appeal to. The paper examines Rainer Forst’s post-Rawlsian, ‘reason-based’ attempt to provide a view of toleration that succeeds at these two levels and so allows us to tolerate tolerantly. His account turns on the view that a constructivist (...) requirement of generality and reciprocity provides a suitable criterion of toleration since a commitment to this requirement is part of what defines people as reasonable. But it is neither plausible nor coherent to build such a requirement into an idea of reasonableness from which an account of toleration starts. Thus, constructivism cannot provide a tolerant criterion of toleration, if such criterion, in order to overcome the ‘paradox’ of intolerant toleration, must escape reasonable disagreement. (shrink)

We are told by philosophers that photographs are a distinct category of image because the photographic process is mind-independent. Furthermore, that the experience of viewing a photograph has a special status, justified by a viewer’s knowledge that the photographic process is mind-independent. Versions of these ideas are central to discussions of photography in both the philosophy of art and epistemology and have far-reaching implications for science, forensics and documentary journalism. Mind-independence (sometimes ‘belief independence’) is a term employed to highlight what (...) is important in the idea that photographs can be produced naturally, mechanically, accidentally or automatically. Insofar as the process is physical, natural, mechanical or causal it can occur without human agency or intervention, entirely in the absence of intentional states. Presented innocuously, the idea is that although photographs are dependent on natural or mechanical processes, they can be produced independently of human agency – particularly human beliefs. Presented in a stronger form, the claim is that even if human agency is heavily involved in the production process, the definitive features that make the photograph a photograph and determine its salient properties are nonetheless independent of human minds. In epistemic debates, mind-independence is viewed as essential for explaining why photographs occupy a distinct category among images and justifying a variety of claims about their privileged epistemic and affective status in science, forensics, popular culture and journalism. But, in the philosophy of art, claims about mind-. (shrink)

Because we must often make decisions in light of imperfect information about our prospective actions, the standard principles of objective obligation must be supplemented with principles of subjective obligation (which evaluate actions in light of what the agent believes about their circumstances and consequences). The point of principles of subjective obligation is to guide agents in making decisions. But should these principles be stated in terms of what the agent actually believes or what it would be reasonable for her to (...) believe about her prospective actions? I show that there are many decisions for which “reasonable belief” principles can’t be used by the decision-maker, especially in cases in which whether (or how) the agent investigates or deliberates affects the nature of the prospective action itself. I conclude that subjective rightness depends on what the agent actually believes, not what it would be reasonable for her to believe. (shrink)

The European project European and Latin American Systems of Ethics Regulation of Biomedical Research Project (EULABOR) has carried out the first comparative analysis of ethics regulation systems for biomedical research in seven countries in Europe and Latin America, evaluating their roles in the protection of human subjects. We developed a conceptual and methodological framework defining ‘ethics regulation system for biomedical research’ as a set of actors, institutions, codes and laws involved in overseeing the ethics of biomedical research on humans. This (...) framework allowed us to develop comprehensive national reports by conducting semi-structured interviews to key informants. These reports were summarised and analysed in a comparative analysis. The study showed that the regulatory framework for clinical research in these countries differ in scope. It showed that despite the different political contexts, actors involved and motivations for creating the regulation, in most of the studied countries it was the government who took the lead in setting up the system. The study also showed that Europe and Latin America are similar regarding national bodies and research ethics committees, but the Brazilian system has strong and noteworthy specificities. (shrink)

The divide between oneself and others has made altruism seem irrational to some thinkers, as Sidgwick points out. I use characterizations of grief, especially by St. Augustine, to question the divide, and use a composition‐as‐identity metaphysics of parts and wholes to make literal sense of those characterizations.

These comments are part of a book symposium on Karen Bennett's book, _Making Things Up_.

Objective: To examine the current ethical review process of ethics committees in a non-pharmacological trial from the perspective of a clinical investigator.Design: Prospective collection of data at the Study Centre of the German Surgical Society on the duration, costs and administrative effort of the ERP of a randomised controlled multicentre surgical INSECT Trial between November 2003 and May 2005.Setting: Germany.Participants: 18 ethics committees, including the ethics committee handling the primary approval, responsible overall for 32 clinical sites throughout Germany. 8 ethics (...) committees were located at university medical schools and 10 at medical chambers. Duration was measured as days between submission and receipt of final approval, costs in euros and administrative effort by calculation of the product of the total number of different types of documents and the mean number of copies required .Results: The duration of the ERP ranged from 1 to 176 days. The median duration was 26 days at MSUs compared with 34 days at medical chambers. The total cost was €2947. 1 of 8 ethics committees at universities and 8 of 10 at medical chambers charged a median fee of €162 . The administrative effort for primary approval was 30. Four ethics committees required a higher administrative effort for secondary approval .Conclusion: The ERP for non-pharmacological multicentre trials in Germany needs improvement. The administrative process has to be standardised: the application forms and the number and content of the documents required should be identical or at least similar. The fees charged vary considerably and are obviously too high for committees located at medical chambers. However, the duration of the ERP was, with some exceptions, excellent. A centralised ethics committee in Germany for multicentre trials such as the INSECT Trial can simplify the ERP for clinical investigators in and outside the country. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

This project was provoked by the almost nonexistent pushback from the Democratic liberal establishment to the (2020) exoneration of Kyle Rittenhouse, despite his acknowledged killing of two Black Lives Matters protesters against the police murder of George Floyd. It builds on three prior articles arguing for the revival of ancient Dionysian practice, Haitian Vodou, and Indigenous South American shamanism to empower leftist revolution. In essence, I propose an assemblage of spiritual practices that are accessible today for the neo-colonized 99% of (...) the global population, by synthesizing and reconstructing three democratic, lower-SES, Indigenous religions, all of which share a militant defiance of their respective tyrannical plutocracies. To avoid cultural appropriation, I center these reconstructed spiritual practices on the figure of the “mage,” a psychosocial healer loosely analogous to a shaman. And the mage’s signature activity, “magic,” I redefine naturalistically as free interpersonal performative action, practiced using two theoretical disciplines (philosophy and psychology) and two practical disciplines chosen by each mage. More precisely, Spirit/Dance channels the “spirits” of dead ancestors, historical figures, legendary heroes, mythical beings, and fictional characters, into the three ultimate objectives of “mindfulness” for psyches/souls, “liberation” for mindful bodies, and “social justice” for liberated communities, indirectly empowering long-term revolution. (shrink)

In the early part of the paper, I attempt to explain a dispute between two parties who endorse the compositionality of language but disagree about its implications: Paul Horwich, and Jerry Fodor and Ernest Lepore. In the remainder of the paper, I challenge the thesis on which they are agreed, that compositionality can be taken for granted. I suggest that it is not clear what compositionality involves nor whether it obtains. I consider some kinds of apparent counterexamples, and compositionalist responses (...) to them in terms of covert indexicality and unspecific meanings. I argue that the last option is the best for most of the cases I consider. I conclude by stressing, as against Horwich and Fodor and Lepore, that the appropriate question concerns the extent to which compositionality obtains in a natural language, rather than whether it obtains or not, so that the answer is essentially messy, requiring detailed consideration of a wide range of examples. (shrink)

We need modal imagination in order to extend our conception of reality - and, in particular, of human beings - beyond our immediate experience in the indexical present; and we need to do this in order to preserve the significance of human interaction. To make this leap of imagination successfully is to achieve not only insight but also an impartial perspective on our own and others' inner states. This perspective is a necessary condition of experiencing compassion for others. This is (...) the primary thesis I will try to defend in this discussion. (shrink)

The intent of this chapter is to suspend the belief in the goodness of literacy -- our chirographic bias -- in order to gain a deeper understanding of how the engagement with texts structures human consciousness, and particularly the minds of children. In the following pages literacy (a term which in this chapter refers to the ability to read and produce written text) is discussed as a consciousness altering technology. A phenomenological analysis of the act of reading shows the child’s (...) engagement with texts as a perceptual as well as a symbolic event that builds upon but also alters children’s speech acts. Speaking and reading are both forms of language use, but with different configurations of perceptual and symbolic qualities. Children’s literature uses textual technology and, intentionally or not, participates in structuring children’s pre-literate minds. Some of its forms, such as picture books and early readers, are directly intended to bridge the gap between the pre-literate listener and the literate reader and ease the transition into the literate state. It is my hope that the phenomenological analysis of the experiences of speaking and reading might help us understand more clearly how children’s literature impacts the minds of children. Such an analysis can awaken a critical awareness of the power that letters wield as they shape the reader’s psychological reality, and it can sharpen our sense of wonder about the metamorphosis of language from speaking to writing. (shrink)

This paper discusses ethical issues surrounding Integrated Assessment Models (IAMs) of the economic effects of climate change, and how climate economists acting as policy advisors ought to represent the uncertain possibility of catastrophe. Some climate economists, especially Martin Weitzman, have argued for a precautionary approach where avoiding catastrophe should structure climate economists’ welfare analysis. This paper details ethical arguments that justify this approach, showing how Weitzman’s “fat tail” probabilities of climate catastrophe pose ethical problems for widely used IAMs. The main (...) claim is that economists who ignore or downplay catastrophic risks in their representations of uncertainty likely fall afoul of ethical constraints on scientists acting as policy advisors. Such scientists have duties to honestly articulate uncertainties and manage (some) inductive risks, or the risks of being wrong in different ways. (shrink)