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)

What is the primary function of consciousness in the nervous system? The answer to this question remains enigmatic, not so much because of a lack of relevant data, but because of the lack of a conceptual framework with which to interpret the data. To this end, we have developed Passive Frame Theory, an internally coherent framework that, from an action-based perspective, synthesizes empirically supported hypotheses from diverse fields of investigation. The theory proposes that the primary function of consciousness is well-circumscribed, (...) serving the 'somatic nervous system[. For this system, consciousness serves as a frame that constrains and directs skeletal muscle output, thereby yielding adaptive behavior. The mechanism by which consciousness achieves this is more counterintuitive, passive, and “low level” than the kinds of functions that theorists have previously attributed to consciousness. Passive frame theory begins to illuminate (a) what consciousness contributes to nervous function, (b) how consciousness achieves this function, and (c) the neuroanatomical substrates of conscious processes. Our untraditional, action-based perspective focuses on olfaction instead of on vision and is 'descriptive' (describing the products of nature as they evolved to be) rather than 'normative' (construing processes in terms of how they should function). Passive frame theory begins to isolate the neuroanatomical, cognitive-mechanistic, and representational (e.g., conscious contents) processes associated with consciousness. (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)

Intersectionality has become the primary analytic tool that feminist and anti-racist scholars deploy for theorizing identity and oppression. This paper exposes and critically interrogates the assumptions underpinning intersectionality by focusing on four tensions within intersectionality scholarship: the lack of a defined intersectional methodology; the use of black women as quintessential intersectional subjects; the vague definition of intersectionality; and the empirical validity of intersectionality. Ultimately, my project does not seek to undermine intersectionality; instead, I encourage both feminist and anti-racist scholars to (...) grapple with intersectionality's theoretical, political, and methodological murkiness to construct a more complex way of theorizing identity and oppression. (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 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)

Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider the (...) world of Jane Eyre…”), they are willing to say that a real individual (e.g., Queen Victoria) can exist in the same world. But when participants are prompted to consider the world of a real individual, they are less willing to say that a fictional individual can exist in that world. The asymmetry occurs when we ask participants both if a real person is in the character’s world and if the person would appear there. However, the effect is subject to spatial and temporal constraints. When the person and the character share spatial and temporal settings, interchange is more likely to occur. These results shed light on the author’s implicit contract with the reader, which can license the reader to augment a fictional world with features that the author only implicates as part of the work’s background. (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.

Certain commentators on Russell's “no class” theory, in which apparent reference to classes or sets is eliminated using higher-order quantification, including W. V. Quine and (recently) Scott Soames, have doubted its success, noting the obscurity of Russell’s understanding of so-called “propositional functions”. These critics allege that realist readings of propositional functions fail to avoid commitment to classes or sets (or something equally problematic), and that nominalist readings fail to meet the demands placed on classes by mathematics. I show that Russell (...) did thoroughly explore these issues, and had good reasons for rejecting accounts of propositional functions as extra-linguistic entities. I argue in favor of a reading taking propositional functions to be nothing over and above open formulas which addresses many such worries, and in particular, does not interpret Russell as reducing classes to language. (shrink)

The history of evolution is a history of development from less to more complex organisms. This growth in complexity of organisms goes hand in hand with a concurrent growth in complexity of environments and of organism-environment relations. It is a concern with this latter aspect of evolutionary development that motivates the present paper. We begin by outlining a theory of organism-environment relations. We then show that the theory can be applied to a range of different sorts of cases, both biological (...) and non-biological, in which objects are lodged or housed within specific environments, or niches. Biological science is interested in types—for example in genotypes, phenotypes, and environment types—in regularities that can serve as the basis for the formulation of laws or general principles. Types, however, can exist only through their corresponding tokens. Our theory of token environments is meant to plug this gap and to provide a first step towards a general theory of causally relevant spatial volumes. (shrink)

Klein’s account of epistemic justification, infinitism, supplies a novel solution to the regress problem. We argue that concentrating on the normative aspect of justification exposes a number of unpalatable consequences for infinitism, all of which warrant rejecting the position. As an intermediary step, we develop a stronger version of the ‘finite minds’ objection.

The semantics of our event talk is a complex affair. What is it that we are talking about when we speak of Brutus’s stabbing of Caesar? Exactly where and when did it take place? Was it the same event as the killing of Caesar? Some take questions such as these to be metaphysical questions. I think they are questions of semantics—questions about the way we talk and about what we mean. And I think that this conflict between metaphysic and semantic (...) concerns is indicative of a “deep indeterminacy” (Bennett’s phrase) in our event concept. We do talk about events; but what events a statement is about is not something that can be inferred from the event names we use; it depends heavily (more heavily than with ordinary material objects) on local context and unprincipled intuitions. This paper illustrates this view in connection with two examples: the phenomenon of vagueness and the dispute over identity statements. (shrink)

Ordinary reasoning about space—we argue—is first and foremost reasoning about things or events located in space. Accordingly, any theory concerned with the construction of a general model of our spatial competence must be grounded on a general account of the sort of entities that may enter into the scope of the theory. Moreover, on the methodological side the emphasis on spatial entities (as opposed to purely geometrical items such as points or regions) calls for a reexamination of the conceptual categories (...) required for this task. Building on material presented in an earlier paper, in this work we offer some examples of what this amounts to, of the difficulties involved, and of the main directions along which spatial theories should be developed so as to combine formal sophistication with some affinity with common sense. (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)

Sequel to Part I. In these articles, I describe Cantor’s power-class theorem, as well as a number of logical and philosophical paradoxes that stem from it, many of which were discovered or considered (implicitly or explicitly) in Bertrand Russell’s work. These include Russell’s paradox of the class of all classes not members of themselves, as well as others involving properties, propositions, descriptive senses, class-intensions and equivalence classes of coextensional properties. Part II addresses Russell’s own various attempts to solve these paradoxes, (...) including strategies that he considered and rejected (limitation of size, the zigzag theory, etc.), as well as his own final views whereupon many purported entities that, if reified, lead to these contradictions, must not be genuine entities, but ‘logical fictions’ or ‘logical constructions’ instead. (shrink)

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)

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)

In these articles, I describe Cantor’s power-class theorem, as well as a number of logical and philosophical paradoxes that stem from it, many of which were discovered or considered (implicitly or explicitly) in Bertrand Russell’s work. These include Russell’s paradox of the class of all classes not members of themselves, as well as others involving properties, propositions, descriptive senses, class-intensions, and equivalence classes of coextensional properties. Part I focuses on Cantor’s theorem, its proof, how it can be used to manufacture (...) paradoxes, Frege’s diagnosis of the core difficulty, and several broad categories of strategies for offering solutions to these paradoxes. (shrink)

We propose the beginnings of a general theory of environments, of the parts or regions of space in which organisms live and move. We draw on two sources: on the one hand on recent work on the ontology of space; and on the other hand on work by ecological scientists on concepts such as territory, habitat, and niche. An environment is in first approximation a volume of space; it is a specific habitat, location, or site that is suitable or adequate (...) for given purposes (of foraging, resting, hunting, breeding, nesting, grooming) in the life of an organism or group of organisms. This spatial notion of environment can be drawn closer to biological and ecological science by taking account of the pertinent physical attributes realized within given spatial regions. (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)

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)

According to certain kinds of semantic dispositionalism, what an agent means by her words is grounded by her dispositions to complete simple tasks. This sort of position is often thought to avoid the finitude problem raised by Kripke against simpler forms of dispositionalism. The traditional objection is that, since words possess indefinite (or infinite) extensions, and our dispositions to use words are only finite, those dispositions prove inadequate to serve as ground for what we mean by our words. I argue (...) that, even if such positions (emphasizing simple tasks) avoid the traditional form of Kripke's charge, they still succumb to special cases of the finitude problem. Furthermore, I show how such positions can be augmented so as to avoid even these special cases. Doing so requires qualifying the dispositions of interest as those possessed by the abstracted version of an actual agent (in contrast to, say, an idealized version of the agent). In addition to avoiding the finitude problem in its various forms, the position that results provides new materials for appreciating the role that abstracting models can play for a dispositionalist theory of meaning. (shrink)

Analytic epistemologists agree that, whatever else is true of epistemic justification, it is distinct from knowledge. However, if recent work by Jonathan Sutton is correct, this view is deeply mistaken, for according to Sutton justification is knowledge. That is, a subject is justified in believing that p iff he knows that p. Sutton further claims that there is no concept of epistemic justification distinct from knowledge. Since knowledge is factive, a consequence of Sutton’s view is that there are no false (...) justified beliefs. <br> Following Sutton, I will begin by outlining kinds of beliefs that do not constitute knowledge but that seem to be justified. I will then be in a position to critically evaluate Sutton’s arguments for his position that justification is knowledge, concluding that he fails to establish his bold thesis. In the course of so doing, I will defend the following rule of assertion: (The JBK-rule) One must: assert p only if one has justification to believe that one knows that p.<br>. (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 is an informal presentation of the theory of niches understood as ecological contexts. The first part sets out the basic conceptual background. The second part outlines the main principles of the theory and addresses the question of how the theory can be extended to aid our thinking in relation to the special types of causal integrity that characterize niches and niched entities.

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)

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)

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.".

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 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)

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)

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)

Franz C. Brentano, 'La psicología de Aristóteles, con especial atención a la doctrina del entendimiento agente. Seguida de un apéndice sobre la actividad del Dios aristotélico'. Traducción y presentación de David Torrijos Castrillejo. Madrid, Ediciones Universidad San Dámaso, 2015, ISBN: 978-84-15027-81-2, xix + 344 pp. Título original: 'Die Psychologie des Aristoteles insbesondere seine Lehre vom ΝΟΥΣ ΠΟΙΗΤΙΚΟΣ. Nebst einer Beilage über das Wirken des Aristotelischen Gottes'. Mainz: Franz Kirchheim, 1867.

This paper’s outline is as follows. In sections 1-3 I give an exposi¬tion of the Mind-Body Problem, with emphasis on what I believe to be the heart of the problem, namely, the Percepts-Qualia Nonidentity and its incompatibility with the Physical Closure Paradigm. In 4 I present the “Qualia Inaction Postulate” underlying all non-interactionist theo¬ries that seek to resolve the above problem. Against this convenient postulate I propose in section 5 the “Bafflement Ar¬gument,” which is this paper's main thesis. Sections 6-11 (...) critically dis¬cuss attempts to dismiss the Bafflement Argument by the “Baf¬flement=Mis¬perception Equation.” Section 12 offers a refutation of all such attempts in the form of a concise “Asymmetry Proof.” Section 13 points out the bearing of the Bafflement Argument on the evolutionary role of consciousness while section 14 acknowledges the price that has to be paid for it in terms of basic physical principles. Section 15 summarizes the paper, pointing out the inescapability of interactionist dualism. (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.

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)

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)

In a calculation involving imaginary numbers, we begin with real numbers that represent concrete measures and we end up with numbers that are equally real, but in the course of the operation we find ourselves walking “as if on a bridge that stands on no piles”. How is that possible? How does that work? And what is involved in the as-if stance that this metaphor introduces so beautifully? These are questions that bother Törless deeply. And that Törless is bothered by (...) such questions is a central question for any reader of Törless. Here I offer my interpretation, along with a reconstruction of the philosophical intuition that lies behind it all. (shrink)

An overview of the problem of constructing extension combinatorially from qualities cum dispositional powers. In the model recommended here, Grassmann's algebra provides the combinatorial structure while Machian elements give the content.