Suppose the present generation leaves future ones with a world depleted of all the natural resources required for many valuable human pursuits. Has the present generation acted unjustly? According to contemporary theories of liberal egalitarian intragenerational and intergenerational justice, the answer, it appears, is no. The explanation for this verdict lies in the liberal commitment to remaining neutral between different ways of life: many value-laden environ- mental sites and species are not an all-purpose means to any reasonable human end and (...) so their existence is not directly relevant in an assessment of whether justice obtains. Against this view, I argue that a commitment to neutrality and its underlying justification – the idea that individuals should be equipped to live lives of their own design – in fact supports the opposite conclusion. If justice requires that citizens can pursue whatever way of life they do or might value, then it will also demand the continued existence of the natural resources necessary for those pursuits. (shrink)

Should high‐income countries engage in solar geoengineering research and possible deployment? On the assumption that the speed of the energy transition will be insufficient to abate catastrophic climate impacts, research into solar geoengineering begins to look like a technically and socially feasible route to mitigate such impacts. But on the assumption that a rapid and relatively just energy transition is still within the realm of political possibility, research into solar geoengineering looks more like an ideological tool designed to divert time (...) and resources from less risky climate solutions. At the heart of debates over solar geoengineering, then, is disagreement over what political actors can be expected to do in the future. In this article, I argue that both objectors to and proponents of solar geoengineering research often make background assumptions regarding expected future actions that are either (a) inaccurate or (b) inconsistent. I propose an account of expected future actions that avoids these problems and sketch what the debate over solar geoengineering looks like with these assumptions in place. (shrink)

Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, Leuridan (...) misconstrues this discussion. His weak positive claim that mechanistic sciences appeal to generalizations is true but uninteresting. His stronger claim, that all causal claims require laws, is unsupported by his arguments. Though we proceed by criticizing Leuridan’s arguments, our greater purpose is to embellish his arguments in order to show how thinking about mechanisms enriches and transforms old philosophical debates about laws in biology and provides new insights into how generalizations afford prediction, explanation and control. (shrink)

The New Evil Demon Problem is supposed to show that straightforward versions of reliabilism are false: reliability is not necessary for justification after all. I argue that it does no such thing. The reliabilist can count a number of beliefs as justified even in demon worlds, others as unjustified but having positive epistemic status nonetheless. The remaining beliefs---primarily perceptual beliefs---are not, on further reflection, intuitively justified after all. The reliabilist is right to count these beliefs as unjustified in demon worlds, (...) and it is a challenge for the internalist to be able to do so as well. (shrink)

One finds, in Maxwell's writings on thermodynamics and statistical physics, a conception of the nature of these subjects that differs in interesting ways from the way that they are usually conceived. In particular, though—in agreement with the currently accepted view—Maxwell maintains that the second law of thermodynamics, as originally conceived, cannot be strictly true, the replacement he proposes is different from the version accepted by most physicists today. The modification of the second law accepted by most physicists is a probabilistic (...) one: although statistical fluctuations will result in occasional spontaneous differences in temperature or pressure, there is no way to predictably and reliably harness these to produce large violations of the original version of the second law. Maxwell advocates a version of the second law that is strictly weaker; the validity of even this probabilistic version is of limited scope, limited to situations in which we are dealing with large numbers of molecules en masse and have no ability to manipulate individual molecules. Connected with this is his concept of the thermodynamic concepts of heat, work, and entropy; on the Maxwellian view, these are concepts that must be relativized to the means we have available for gathering information about and manipulating physical systems. The Maxwellian view is one that deserves serious consideration in discussions of the foundation of statistical mechanics. It has relevance for the project of recovering thermodynamics from statistical mechanics because, in such a project, it matters which version of the second law we are trying to recover. (shrink)

Neo-Humean instrumentalists hold that anagent's reasons for acting are grounded in theagent's desires. Numerous objections have beenleveled against this view, but the mostcompelling concerns the problem of ``aliendesires'' – desires with which the agent doesnot identify. The standard version ofneo-Humeanism holds that these desires, likeany others, generate reasons for acting. Avariant of neo-Humeanism that grounds anagent's reasons on her values, rather than allof her desires, avoids this implication, but atthe cost of denying that we have reasons to acton innocent whims. (...) A version of neo-Humeanismthat holds that an agent has reason to satisfyall of her desires that are not in conflictwith her values appears to allow us to grantthe reason-giving force of innocent whims whiledenying the reason-giving force of alien desires. (shrink)

Driven by technological innovations, newborn screening (NBS) panels have been expanded and the development of genomic NBS pilot programs is rapidly progressing. Decisions on disease selection for NBS are still based on the Wilson and Jungner (WJ) criteria published in 1968. Despite this uniform reference, interpretation of the WJ criteria and actual disease selection for NBS programs are highly variable. A systematic literature search [PubMED search “Wilson” AND “Jungner”; last search 16.07.22] was performed to evaluate the applicability of the WJ (...) criteria for current and future NBS programs and the need for adaptation. By at least two reviewers, 105 publications (systematic literature search, N = 77; manual search, N = 28) were screened for relevant content and, finally, 38 publications were evaluated. Limited by the study design of qualitative text analysis, no statistical evaluation was performed, but a structured collection of reported aspects of criticism and proposed improvements was instead collated. This revealed a set of general limitations of the WJ criteria, such as imprecise terminology, lack of measurability and objectivity, missing pediatric focus, and absent guidance on program management. Furthermore, it unraveled specific aspects of criticism on clinical, diagnostic, therapeutic, and economical aspects. A major obstacle was found to be the incompletely understood natural history and phenotypic diversity of rare diseases prior to NBS implementation, resulting in uncertainty about case definition, risk stratification, and indications for treatment. This gap could be closed through the systematic collection and evaluation of real-world evidence on the quality, safety, and (cost-)effectiveness of NBS, as well as the long-term benefits experienced by screened individuals. An integrated NBS public health program that is designed to continuously learn would fulfil these requirements, and a multi-dimensional framework for future NBS programs integrating medical, ethical, legal, and societal perspectives is overdue. (shrink)

This is a volume of twelve essays concerning the fundamental tension in personalised medicine between individual choice and the common good.

Building on Peter French’s important work, this chapter draws three distinctions that arise in the context of attributions of moral responsibility, understood as the extent to which an agent is blameworthy or praiseworthy. First, the subject of an attribution of responsibility may be an individual agent or a collective agent. Second, the object of the responsibility attribution may be an individual action (or consequence) or a collective action (or consequence). The third distinction concerns the temporal dimension of the responsibility attribution. (...) Sometimes responsibility for an action is attributed to an agent at the time of the action. At other times responsibility for an action is attributed to an agent sometime after the action has taken place. Taken together, these three binary distinctions yield eight types of responsibility attribution. It is argued that a collective agent’s responsibility for a past collective act is properly understood on the same theoretical model as is an individual’s responsibility for a past individual act. While most assume that responsibility over time is a straightforward matter of identity over time, it is argued that instead this is a matter of psychological or attitudinal connectedness. The possibility is considered that this relation also grounds attributions involving an asymmetry between subject and object, such as individual responsibility for past collective action, but a skeptical worry is raised that such attributions entail an unpalatable form of moral luck and should therefore be rejected. (shrink)

Skipper and Millstein analyze natural selection and mechanism, concluding that natural selection is not a mechanism in the sense of the new mechanistic philosophy. Barros disagrees and provides his own account of natural selection as a mechanism. This discussion identifies a missing piece of Barros's account, attempts to fill in that piece, and reconsiders the revised account. Two principal objections are developed: one, the account does not characterize natural selection; two, the account is not mechanistic. Extensive and persistent variability causes (...) both of these difficulties, so further attempts to describe natural selection as a mechanism are also unlikely to succeed. (shrink)

We lay out the fatalist’s argument, making sure to clarify which dialectical moves are available to the libertarian. We then offer a more robust presentation of Ockhamism, responding to obvious objections and teasing out the implications of the view. At this point, we discuss presentism and eternalism in more detail. We then present our argument for the claim that the libertarian cannot take Ockham’s way out of the fatalism argument unless she rejects presentism. Finally, we consider and dispense with objections (...) to our argument. In the end, it ought to be clear that the libertarian must make a choice between Ockham’s way out and presentism. (shrink)

We rely on language to know the minds of others, but does language have a role to play in knowing our own minds? To suppose it does is to look for a connection between mastery of a language and the epistemic relation we bear to our inner lives. What could such a connection consist in? To explore this, I shall examine strategies for explaining self-knowledge in terms of the use we make of language to express and report our mental states. (...) Success in these strategies will depend on the view we take of speakers' understanding of the words they use to speak their minds. The key is to avoid circularity in the account of how they know what they mean; for if knowing what one is saying in speaking a language provides a means of knowing one's own mind, it cannot simply be a part of it. I shall look at ways in which we might proceed here, and examine whether the strategy can make room for a genuinely first-person point of view. But first let me try to motivate the problem of self-knowledge. (shrink)

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects combined (...) comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. (shrink)

Goldman, though still a reliabilist, has made some recent concessions to evidentialist epistemologies. I agree that reliabilism is most plausible when it incorporates certain evidentialist elements, but I try to minimize the evidentialist component. I argue that fewer beliefs require evidence than Goldman thinks, that Goldman should construe evidential fit in process reliabilist terms, rather than the way he does, and that this process reliabilist understanding of evidence illuminates such important epistemological concepts as propositional justification, ex ante justification, and defeat.

A new proof style adequate for modal logics is defined from the polynomial ring calculus. The new semantics not only expresses truth conditions of modal formulas by means of polynomials, but also permits to perform deductions through polynomial handling. This paper also investigates relationships among the PRC here defined, the algebraic semantics for modal logics, equational logics, the Dijkstra???Scholten equational-proof style, and rewriting systems. The method proposed is throughly exemplified for S 5, and can be easily extended to other modal (...) logics. (shrink)

Skeptics of the moral case against industrial farming often assert that harm to animals in industrial systems is limited to isolated instances of abuse that do not reflect standard practice and thus do not merit criticism of the industry at large. I argue that even if skeptics are correct that abuse is the exception rather than the rule, they must still answer for two additional varieties of serious harm to animals that are pervasive in industrial systems: procedural harm and institutional (...) oppression. That procedural and institutional harms create conditions under which abuse is virtually inevitable only increases the skeptic's burden. (shrink)

In 1903, in _The Principles of Mathematics_ (_PoM_), Russell endorsed an account of classes whereupon a class fundamentally is to be considered many things, and not one, and used this thesis to explicate his first version of a theory of types, adding that it formed the logical justification for the grammatical distinction between singular and plural. The view, however, was short-lived; rejected before _PoM_ even appeared in print. However, aside from mentions of a few misgivings, there is little evidence about (...) why he abandoned this view. In this paper, I speculate as to what those reasons were, and evaluate them in light of recent work and interest in plural logic. (shrink)

Extension is probably the most general natural property. Is it a fundamental property? Leibniz claimed the answer was no, and that the structureless intuition of extension concealed more fundamental properties and relations. This paper follows Leibniz's program through Herbart and Riemann to Grassmann and uses Grassmann's algebra of points to build up levels of extensions algebraically. Finally, the connection between extension and measurement is considered.

Many biologists and philosophers have worried that importing models of reasoning from the physical sciences obscures our understanding of reasoning in the life sciences. In this paper we discuss one example that partially validates this concern: part-whole reductive explanations. Biology and physics tend to incorporate different models of temporality in part-whole reductive explanations. This results from differential emphases on compositional and causal facets of reductive explanations, which have not been distinguished reliably in prior philosophical analyses. Keeping these two facets distinct (...) facilitates the identifi cation of two further aspects of reductive explanation: intrinsicality and fundamentality. Our account provides resources for discriminating between different types of reductive explanation and suggests a new approach to comprehending similarities and differences in the explanatory reasoning found in biology and physics. (shrink)

Attempts to evaluate a belief or argument on the basis of its cause or origin are usually condemned as committing the genetic fallacy. However, I sketch a number of cases in which causal or historical factors are logically relevant to evaluating a belief, including an interesting abductive form that reasons from the best explanation for the existence of a belief to its likely truth. Such arguments are also susceptible to refutation by genetic reasoning that may come very close to the (...) standard examples given of supposedly fallacious genetic reasoning. (shrink)

The paper presents a paradoxical feature of computational systems that suggests that computationalism cannot explain symbol grounding. If the mind is a digital computer, as computationalism claims, then it can be computing either over meaningful symbols or over meaningless symbols. If it is computing over meaningful symbols its functioning presupposes the existence of meaningful symbols in the system, i.e. it implies semantic nativism. If the mind is computing over meaningless symbols, no intentional cognitive processes are available prior to symbol grounding. (...) In this case, no symbol grounding could take place since any grounding presupposes intentional cognitive processes. So, whether computing in the mind is over meaningless or over meaningful symbols, computationalism implies semantic nativism. (shrink)

I trace changes to Frege's understanding of numbers, arguing in particular that the view of arithmetic based in geometry developed at the end of his life (1924–1925) was not as radical a deviation from his views during the logicist period as some have suggested. Indeed, by looking at his earlier views regarding the connection between numbers and second-level concepts, his understanding of extensions of concepts, and the changes to his views, firstly, in between Grundlagen and Grundgesetze, and, later, after learning (...) of Russell's paradox, this position is a natural position for him to have retreated to, when properly understood. (shrink)

Recent work by Peijnenburg, Atkinson, and Herzberg suggests that infinitists who accept a probabilistic construal of justification can overcome significant challenges to their position by attending to mathematical treatments of infinite probabilistic regresses. In this essay, it is argued that care must be taken when assessing the significance of these formal results. Though valuable lessons can be drawn from these mathematical exercises (many of which are not disputed here), the essay argues that it is entirely unclear that the form of (...) infinitism that results meets a basic requirement: namely, providing an account of infinite chains of propositions qua reasons made available to agents. (shrink)

Abstract: According to certain dispositional accounts of meaning, an agent's meaning is determined by the dispositions that an idealized version of this agent has in optimal conditions. We argue that such attempts cannot properly fix meaning. For even if there is a way to determine which features of an agent should be idealized without appealing to what the agent means, there is no non-circular way to determine how those features should be idealized. We sketch an alternative dispositional account that avoids (...) this problem, according to which an agent's meaning is determined by the dispositions that an abstract version of this agent has in optimal conditions. (shrink)

This paper discusses certain problems arising within the treatment of the senses of functions in Alonzo Church's Logic of Sense and Denotation. Church understands such senses themselves to be "sense-functions," functions from sense to sense. However, the conditions he lays out under which a sense-function is to be regarded as a sense presenting another function as denotation allow for certain undesirable results given certain unusual or "deviant" sense-functions. Certain absurdities result, e.g., an argument can be found for equating any two (...) senses of the same type. An alternative treatment of the senses of functions is discussed, and is thought to do better justice to Frege's original theory. (shrink)

Fictionalism in ontology is a mixed bag. Here I focus on three main variants—which I label after the names of Pascal, Berkeley, and Hume—and consider their relative strengths and weaknesses. The first variant is just a version of the epistemic Wager, applied across the board. The second variant builds instead on the fact that ordinary language is not ontologically transparent; we speak with the vulgar, but deep down we think with the learned. Finally, on the Humean variant it’s the structure (...) of the ontological inventory, not its content, that may turn out to involve fictional elements. That is, for the Humean the fiction lies, not in the reality of common-sense ontology, but in the laws—of unity, identity, causation, etc.—in terms of which we articulate our experience of that reality. In the end, this is the kind of fictionalism that I find most interesting, sensible, and tenable. And I argue that it is even compatible with the sort of “naive” realism we have all come to appreciate in the work of Paolo Bozzi, to whom the paper is dedicated. (shrink)

An examination of the role played by general rules in Hume's positive (nonskeptical) epistemology. General rules for Hume are roughly just general beliefs. The difference between justified and unjustified belief is a matter of the influence of good versus bad general rules, the good general rules being the "extensive" and "constant" ones.

ABSTRACT Self-Interest and Public Interest in Western Politics showed that the public, politicians, and bureaucrats are often public spirited. But this does not invalidate public-choice theory. Public-choice theory is an ideal type, not a claim that self-interest explains all political behavior. Instead, public-choice theory is useful in creating rules and institutions that guard against the worst case, which would be universal self-interestedness in politics. In contrast, the public-interest hypothesis is neither a comprehensive explanation of political behavior nor a sound basis (...) for institutional design. (shrink)

The way we farm, the kinds of backyards and landscapes we favor, and the way we control patterns of development are creating an invisible crisis through their affects upon soil ecology. The invisibility of soil ecosystems, the seemingly alien properties of the organisms that inhabit them, and the specialized knowledge required to understand them create obstacles to moral concern for these fountains of life. Our treatment of soils has reached the point of crisis. Obstacles to moral thinking about soils might (...) be overcome by supplying the moral imagination with a deeper understanding of our own biological identity as ecosystems analogous in organization and functions to soil ecosystems. Not only have microbes created the conditions necessary for human life, but they have shaped our evolutionary history and helped constitute the human genome. Our biological identity encompasses communities of microbes, such that humans (and all organisms) are most properly understood as ecosystems. For this reason, moral concern for humans implies moral concern for ecosystems. (shrink)

Global climate change is one of the most widely discussed problems of our time. However, many libertarian thinkers have not participated in the ethical dimensions of this discussion due to a narrow focus on the scientific basis for concern about climate change. In this paper, I reject this approach and explore the kind of response libertarians should be offering instead. I frame the climate change problem as one which concerns potential rights-infringements and explore different ways in which climate change might (...) be thought to infringe upon rights. I conclude that there are some ways in which climate change might be expected to result in rights-infringements, but that some of the current concern about climate change cannot be reconciled with a rights-oriented paradigm. I close by outlining future directions for research, emphasizing that much remains to be done in order to formulate a complete libertarian perspective on climate change. (shrink)

In this short response to Kerstein and Bognar, we clarify three aspects of the complete lives system, which we propose as a system of allocating scarce medical interventions. We argue that the complete lives system provides meaningful guidance even though it does not provide an algorithm. We also defend the investment modification to the complete lives system, which prioritizes adolescents and older children over younger children; argue that sickest-first allocation remains flawed when scarcity is absolute and ongoing; and argue that (...) Kerstein and Bognar are mistaken to base their allocation principles on differences in personhood. (shrink)

Abstract. As a general theory of reasoning—and as a general theory of what holds true under every possible circumstance—logic is supposed to be ontologically neutral. It ought to have nothing to do with questions concerning what there is, or whether there is anything at all. It is for this reason that traditional Aristotelian logic, with its tacit existential presuppositions, was eventually deemed inadequate as a canon of pure logic. And it is for this reason that modern quantification theory, too, with (...) its residue of existentially loaded theorems and patterns of inference, has been claimed to suffer from a defect of logical purity. The law of non-contradiction rules out certain circumstances as impossible—circumstances in which a statement is both true and false, or perhaps circumstances where something both is and is not the case. Is this to be regarded as a further ontological bias? (shrink)

This paper is an attempt to argue that there existed a very prominent view of signs and signification in late sixteenth- and seventeenth-century Europe which can help us to understand several puzzling aspects of baroque culture. This view, called here "pansemioticism," constituted a fundamental part of the baroque conception of the world. After sketching the content and importance of pansemioticism, I will show how it can help us to understand the (from a modern perspective) rather puzzling concept of the polymath, (...) or polyhistor, which constituted the ideal of the baroque scientist. In this context I will also discuss a seventeenth century phenomenon essentially connected with polyhistorism, namely that of the early modem polyhistorical collections, the Wunderkamnmern. Since such a study needs a clearly determined focal point, we will concentrate on the last three quarters of the seventeenth century and will mainly discuss works by German authors of the time. (shrink)

From the dictum "ought implies can", it has been argued that no account of belief's normativity can avoid the unpalatable result that, for unbelievable propositions such as "It is raining and nobody believes that it is raining", one ought not to believe them even if true. In this article, I argue that this move only succeeds on a faulty assumption about the conjunction of doxastic "oughts.".

The thesis that rationality consists in the straight-forward maximization of utility has not lacked critics. Typically, however, detractors reject the Humean picture of rationality upon which it seems based; they seek to emancipate reason from the tyranny of the passions. It is, then, noteworthy when an attack on this thesis comes from ‘within the ranks.’David Gauthier's paper ‘Reason and Maximization’ is just such an attack; and for this reason, among others, it is interesting. It is not successful, though. In defense (...) of this conclusion, we shall begin by relating the essentials of Gauthier's argument. Then we shall examine in some detail Gauthier's claim that the principle of straighforward max-imization fails to be self-supporting. We shall argue that Gauthier's defense of this claim is at best incomplete. Finally, we shall show that the fact that a normative principle is self-subverting or non-self-supporting does not entail that the principle is defective. (shrink)

A graph-theoretic account of fibring of logics is developed, capitalizing on the interleaving characteristics of fibring at the linguistic, semantic and proof levels. Fibring of two signatures is seen as a multi-graph (m-graph) where the nodes and the m-edges include the sorts and the constructors of the signatures at hand. Fibring of two models is a multi-graph (m-graph) where the nodes and the m-edges are the values and the operations in the models, respectively. Fibring of two deductive systems is an (...) m-graph whose nodes are language expressions and the m-edges represent the inference rules of the two original systems. The sobriety of the approach is confirmed by proving that all the fibring notions are universal constructions. This graph-theoretic view is general enough to accommodate very different fibrings of propositional based logics encompassing logics with non-deterministic semantics, logics with an algebraic semantics, logics with partial semantics and substructural logics, among others. Soundness and weak completeness are proved to be preserved under very general conditions. Strong completeness is also shown to be preserved under tighter conditions. In this setting, the collapsing problem appearing in several combinations of logic systems can be avoided. (shrink)

The political distinction between left and right remains ideologically muddled. This was not always so, but an immediate return to the pristine usage is impractical. Putting a theory of social liberty to one side, this essay defends the interpretation of left-wing as personal-choice and right-wing as property-choice. This allows an axis that is north/choice (or state-free) and south/control (or state-ruled). This Political Compass clarifies matters without being tendentious or too complicated. It shows that what is called ‘libertarianism’ is north-wing. A (...) quiz gives the reader’s Political Compass reading. (shrink)

This paper offers an overview of consciousness and personal identity in eighteenth-century philosophy. Locke introduces the concept of persons as subjects of consciousness who also simultaneously recognize themselves as such subjects. Hume, however, argues that minds are nothing but bundles of perceptions, lacking intrinsic unity at a time or across time. Yet Hume thinks our emotional responses to one another mean that persons in everyday life are defined by their virtues, vices, bodily qualities, property, riches, and the like. Rousseau also (...) takes persons to be fundamentally determined by our socially-mediated emotional responses to one another, though unlike Hume or Locke, he has little interest in placing this account of persons alongside a larger discussion of the human mind and its operations. Developing this idea further, Kant argues that our moral commitments require that we must take ourselves to be free. The fundamental equality that Rousseau sought in the political order is, for Kant, a requirement that reason puts on all of us. (shrink)

The theory and philosophy of artificial intelligence has come to a crucial point where the agenda for the forthcoming years is in the air. This special volume of Minds and Machines presents leading invited papers from a conference on the “Philosophy and Theory of Artificial Intelligence” that was held in October 2011 in Thessaloniki. Artificial Intelligence is perhaps unique among engineering subjects in that it has raised very basic questions about the nature of computing, perception, reasoning, learning, language, action, interaction, (...) consciousness, humankind, life etc. etc. – and at the same time it has contributed substantially to answering these questions. There is thus a substantial tradition of work, both on AI by philosophers and of theory within AI itself. - The volume contains papers by Bostrom, Dreyfus, Gomila, O'Regan and Shagrir. (shrink)

Contractarians view justice as being defined by a contract made by rational individuals. No one supposes that this contract is actual, and the fact that it is merely hypothetical raises a number of questions both about the assumptions under which it would be actual and about the force of hypothetical agreement that is contingent on these assumptions.Particular contractarian theories must specify the circumstances of the agreement and the endowments, beliefs, desires, and degree and type of rationality of the agents. How (...) these issues are settled determines the force of the hypothetical agreement. The fact that ignorant people who desired only universal suffering would, under duress, agree to a certain principle gives us no reason to believe the principle is a correct moral principle or to think it rational to accept or act on it: some counterfactual assumptions undermine entirely the moral force of hypothetical agreement. On the other hand, to take people just as they are, with their current beliefs, desires, endowments, and all, is to endorse their ignorance and mistakes as well as any previous injustice that affects their bargaining power. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of (...) divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...) terms of subjective expected utility, it allows immoral manipulation of others and imposes unwarranted restrictions based on preferences that should carry no moral weight. (shrink)

Along with offering an historically-oriented interpretive reconstruction of the syntax of PM ( rst ed.), I argue for a certain understanding of its use of propositional function abstracts formed by placing a circum ex on a variable. I argue that this notation is used in PM only when de nitions are stated schematically in the metalanguage, and in argument-position when higher-type variables are involved. My aim throughout is to explain how the usage of function abstracts as “terms” (loosely speaking) is (...) not inconsistent with a philosophy of types that does not think of propositional functions as mind- and language-independent objects, and adopts a nominalist/substitutional semantics instead. I contrast PM’s approach here both to function abstraction found in the typed λ-calculus, and also to Frege’s notation for functions of various levels that forgoes abstracts altogether, between which it is a kind of intermediary. (shrink)

For a long time critics of modern and postmodern art have relied on the "Isn't that disgusting" strategy. By that I mean the strategy of pointing out that given works of art are ugly, trivial, or in bad taste, that "a five-year-old could have made them," and so on. And they have mostly left it at that. The points have often been true, but they have also been tiresome and unconvincing—and the art world has been entirely unmoved. -/- Of course, (...) the major works of the twentieth-century art world are ugly. Of course, many are offensive. Of course, a five-year old could in many cases have made an indistinguishable product. Those points are not arguable—and they are entirely beside the main question. The important question is: Why has the art world of the twentieth-century adopted the ugly and the offensive? Why has it poured its creative energies and cleverness into the trivial and the self-proclaimedly meaningless? (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

William James' Radical Empiricist essays offer a unique and powerful argument for direct realism about our perceptions of objects. This theory can be completed with some observations by Kant on the intellectual preconditions for a perceptual judgment. Finally James and Kant deliver a powerful blow to the representational theory of perception and knowledge, which applies quite broadly to theories of representation generally.

CATEGORY: Philosophy play; historical fiction; comedy; social criticism. -/- STORYLINE: Katherine, a neurotic American lawyer, meets Christianus for a philosophy session at The Late Victorian coffee shop in London, where they also meet Wendy the waitress and Baldy the player. Will Katherine be able to overcome her deep depression by adopting some of Christianus’s satisfactionist ideas? Or will she stay unsatisfied and unhappy by stubbornly sticking to her own neti-neti nothingness philosophy? And what roles do Baldy, Wendy, and the Okefenokee (...) Man-Monster have in this connexion? -/- TOPICS: In the course of this philosophy play, Katherine and Christianus discuss many things: friendship, a Renoir painting, global warming, elephant conservation, freemasons, Prince of Wales and his tiger-hunting experience in Nepal, Victorian Chartism and a Kennington Common daguerreotype, a Mortality Proof, and, last but not least, Baldy, Wendy, and the gory plot of the Okefenokee Man-Monster. -/- NOTES: This work features elaborate footnotes and comments (including full bibliographical references) by the author, to enhance the reader's experience of the play and its philosophizing characters. (shrink)

We discuss the one–many problem as it appears in the Philebus and find that it is not restricted to the usually understood problem about the identity of universals across particulars that instantiate them (the Hylomorphic Dispersal Problem). In fact some of the most interesting aspects of the problem occur purely with respect to the relationship between Forms. We argue that contemporary metaphysicians may draw from the Philebus at least three different one–many relationships between universals themselves: instantiation, subkind and part, and (...) thereby construct three new ‘problems of the one and the many’ (an Eidetic Dispersal Problem, a Genus–Species Problem, and an Eidetic Combination Problem), which are as problematic as the version generally discussed. We then argue that this taxonomy sheds new and interesting light on certain discussions of higher-order universals in recent Australian analytic philosophy. (shrink)