Various theorists have endorsed the “communication argument”: communicative capacities are necessary for morally responsible agency because blame aims at a distinctive kind of moral communication. I contend that existing versions of the argument, including those defended by Gary Watson and Coleen Macnamara, face a pluralist challenge: they do not seem to sit well with the plausible view that blame has multiple aims. I then examine three possible rejoinders to the challenge, suggesting that a context-specific, function-based approach constitutes the most promising (...) modification of the communication argument. (shrink)

In Saving Truth from Paradox, Hartry Field presents and defends a theory of truth with a new conditional. In this paper, I present two criticisms of this theory, one concerning its assessments of validity and one concerning its treatment of truth-preservation claims. One way of adjusting the theory adequately responds to the truth-preservation criticism, at the cost of making the validity criticism worse. I show that in a restricted setting, Field has a way to respond to the validity criticism. I (...) close with some general considerations on the use of revision-theoretic methods in theories of truth. (shrink)

An important question for proponents of non-contractive approaches to paradox is why contraction fails. Zardini offers an answer, namely that paradoxical sentences exhibit a kind of instability. I elaborate this idea using revision theory, and I argue that while instability does motivate failures of contraction, it equally motivates failure of many principles that non-contractive theorists want to maintain.

In classically based modal logic, there are three common conceptions of necessity, the universal conception, the equivalence relation conception, and the axiomatic conception. They provide distinct presentations of the modal logic S5, all of which coincide in the basic modal language. We explore these different conceptions in the context of the relevant logic R, demonstrating where they come apart. This reveals that there are many options for being an S5-ish extension of R. It further reveals a divide between the universal (...) conception of necessity on the one hand, and the axiomatic conception on the other: The latter is consistent with motivations for relevant logics while the former is not. For the committed relevant logician, necessity cannot be the truth in all possible worlds. (shrink)

There appears to be few, if any, limits on what sorts of logical connectives can be added to a given logic. One source of potential limitations is the motivating ideology associated with a logic. While extraneous to the logic, the motivating ideology is often important for the development of formal and philosophical work on that logic, as is the case with intuitionistic logic. One family of logics for which the philosophical ideology is important is the family of relevant logics. In (...) this paper, I explore the limits of what a relevant connective is, showing how some basic criteria motivated by the ideology of relevant logicians provide robust limits on potential connectives. These criteria provide some plausible necessary conditions on being a relevant connective. (shrink)

In this article, we present a definition of a hyperintensionality appropriate to relevant logics. We then show that relevant logics are hyperintensional in this sense, drawing consequences for other non-classical logics, including HYPE and some substructural logics. We further prove results concerning extensionality in relevant logics. We close by discussing related concepts for classifying formula contexts and potential applications of these results.

In this paper, I motivate the addition of an actuality operator to relevant logics. Straightforward ways of doing this are in tension with standard motivations for relevant logics, but I show how to add the operator in a way that permits one to maintain the intuitions behind relevant logics. I close by exploring some of the philosophical consequences of the addition.

Few debates in environmental philosophy have been more heated than the one over the nature of wilderness. And yet, when one surveys the present scene, one finds that a variety of different conceptions of wilderness are still quite popular – some more so in certain professions than others. In this paper, I look at three popular conceptions of wilderness with an eye toward sussing out the good and the bad them. I look at what I call (1) the folk view (...) of wilderness, (2) Leopold’s conception of wilderness, and (3) the legal conception of wilderness (as found in the Wilderness Act of 1964). In the final part of the paper, I sketch out a sort of spectrum account of wilderness, one that I argue allows us to capture more cases of wilderness and might serve as a useful tool in future conservation efforts. (shrink)

The operational semantics of Urquhart is a deep and important part of the development of relevant logics. In this paper, I present an overview of work on Urquhart’s operational semantics. I then present the basics of collection frames. Finally, I show how one kind of collection frame, namely, functional set frames, is equivalent to Urquhart’s semilattice semantics.

Environmental philosophy plays an important role, directly and indirectly, in many parts of society, including land and wildlife management (Leopold, 1949; Minteer, 2015), political activism (Abbey, 1968; Malm, 2020),and technological research and development (Baum & Owe, 2022; Donhauser et al., 2021). Environmental philosophy uncovers the ethical relationships existing between humans and the living and non-living world. It reveals the nuances of our scientific ecological concepts. And it tries to tell us how we might act – individually or collectively – to (...) better achieve our environmental goals. The aim of this special issue is to explore the limits and ever-expanding outer edges of this increasingly important area of philosophical thought. (shrink)

Relevant logics are a family of non-classical logics characterized by the behavior of their implication connectives. Unlike some other non-classical logics, such as intuitionistic logic, there are multiple philosophical views motivating relevant logics. Further, different views seem to motivate different logics. In this article, we survey five major views motivating the adoption of relevant logics: Use Criterion, sufficiency, meaning containment, theory construction, and truthmaking. We highlight the philosophical differences as well as the different logics they support. We end with some (...) questions for future research. (shrink)

It is widely agreed that reactive attitudes play a central role in our practices concerned with holding people responsible. However, it remains controversial which emotional attitudes count as reactive attitudes such that they are eligible for this central role. Specifically, though theorists near universally agree that guilt is a reactive attitude, they are much more hesitant on whether to also include shame. This paper presents novel arguments for the view that shame is a reactive attitude. The arguments also support the (...) view that shame is a reactive attitude in the sense that concerns moral accountability. The discussion thereby challenges both the view that shame is not a reactive attitude at all, suggested by philosophers such as R. Jay Wallace and Stephen Darwall, and the view that shame is a reactive attitude but does not concern moral accountability, recently defended by Andreas Carlsson and Douglas Portmore. (shrink)

This article examines how facial recognition technology reshapes the philosophical debate over the ethics of video surveillance. When video surveillance is augmented with facial recognition, the data collected is no longer anonymous, and the data can be aggregated to produce detailed psychological profiles. I argue that – as this non-anonymous data of people’s mundane activities is collected – unjust risks of harm are imposed upon individuals. In addition, this technology can be used to catalogue all who publicly participate in political, (...) religious, and socially stigmatised activities, and I argue that this would undermine central interests of liberal democracies. I examine the degree to which the interests of individuals and the societal interests of liberal democracies to maintain people’s obscurity while in public coincide with privacy interests, as popularly understood, and conclude that there is a practical need to articulate a novel right to obscurity to protect the interests of liberal democratic societies. (shrink)

There is a New Idea in epistemology. It goes by the name of ‘knowledge first,’ and it is particularly associated with Timothy Williamson’s book Knowledge and Its Limits. In slogan form, to put knowledge first is to treat knowledge as basic or fundamental, and to explain other states—belief, justification, maybe even content itself—in terms of knowledge, instead of vice versa. The idea has proven enormously interesting, and equally controversial. But deep foundational questions about its actual content remain relatively unexplored. We (...) think that a wide variety of views travel under the banner of ‘knowledge first’ (and that the slogan doesn’t help much with differentiating them). Furthermore, we think it is far from straightforward to draw connections between certain of these views; they are more independent than they are often assumed to be. Our project here is exploratory and clarificatory. We mean to tease apart various ‘knowledge first’ claims, and explore what connections they do or do not have with one another. Our taxonomy is offered in §2, and connections are explored in §3. The result, we hope, will be a clearer understanding of just what the knowledge first theses are. We conclude, in §4, with some brief suggestions as to how we think the various theses might be evaluated. (shrink)

In this article, I analyze how the Harry Potter novels bring to awareness two fundamental aspects of the human condition: the importance of one’s choices and the inevitability of one’s mortality. These are highlighted through the contrast of the characters of Harry Potter and Lord Voldemort.

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 two purposes of this essay. The general philosophical problem with most versions of social libertarianism and how this essay will proceed. The specific problem with liberty explained by a thought-experiment. The positive and abstract theory of interpersonal liberty-in-itself as ‘the absence of interpersonal initiated constraints on want-satisfaction’, for short ‘no initiated impositions’. The individualistic liberty-maximisation theory solves the problems of clashes, defences, and rectifications without entailing interpersonal utility comparisons or libertarian consequentialism. The practical implications of instantiating liberty: three rules (...) of liberty-in-practice, 1) initial ultimate control of one’s body, 2) initial ultimate control of one’s used resources, 3) consensual interpersonal interactions and resource transfers. These rules are economically efficient and maximise general want-satisfaction. Private property and legal remedies are additional practical institutional aspects, but to which ‘initiated impositions’ then apply prima facie. Libertarian law is often mistaken for complete libertarianism. Moral explanations are a separate issue. The three main moral theories imply libertarianism, but it can be morally posited independently of them. Critical rationalism and its application. No empirical or argumentative support for theories. An important ambiguity with ‘justification’. How the epistemology applies to the theory of liberty and its application but remains separable in principle. Conclusion: there are further published explanations but this should be enough to generate useful criticism. Appendix replying to some typical comments. (shrink)

Aristotle’s typical procedure is to identify something's four causes. Intentional action has typically been treated as an exception: most think that Aristotle has the standard causalist account, according to which an intentional action is a bodily movement efficiently caused by an attitude of the appropriate sort. I show that action is not an exception to Aristotle’s typical procedure: he has the resources to specify four causes of action, and thus to articulate a powerful theory of action unlike any other on (...) offer. (shrink)

A common refrain in and outside academia is that prominent sports figures ought to engage more in the public discourse about political issues. This idea parallels the idea that athletes ought to be role models in general. This paper first examines and critiques the “athlete as role model” argument and then applies this critique to the “athlete as political activist” argument. Appealing to the empirical political psychological literature, the paper sketches an argument that athlete activism might actually do more harm (...) than good. (shrink)

In this paper, I examine the ethics of nonviolent protest when a violent response is either foreseen or intended. One central concern is whether protesters, who foresee a violent response but persist, are provoking the violence and whether they are culpable for any eventual harms. A second concern is whether it is permissible to publicize the violent response for political advantage. I begin by distinguishing between two senses of the term provoke: a normative sense where a provocateur knowingly imposes an (...) unjustified risk of a violent response, and a descriptive sense where the respondent feels provoked. I argue that, when the risk of a violent response is justified, the protesters are not provocateurs but akin to nonculpable, entrapping agents who create an opportunity for the regime to respond with disproportionate violence. The regime’s response can disclose its brutality or criminality and this can be fairly publicized for political advantage. When nonviolent protesters create an unjustified risk of violence either because the injustice they oppose is insufficient to justify the risk of a violent response or because the risked harms are disproportionate with the likely political advantages derived from the protest, they are partially culpable provocateurs. However, I argue these partially culpable provocateurs can still permissibly publicize the disproportionate violence of the regime so as to shape public opinion. (shrink)

When asked which of our concepts are normative concepts, metaethicists would be quick to list such concepts as GOOD, OUGHT, and REASON. When asked why such concepts belong on the list, metaethicists would be much slower to respond. Matti Eklund is a notable exception. In his recent book, Choosing Normative Concepts, Eklund argues by elimination for “the Normative Role view” that normative concepts are normative in virtue of having a “normative role” or being “used normatively”. One view that Eklund aims (...) to eliminate is “the Metaphysical view” that normative concepts are normative in virtue of referring to normative properties. In addition to arguing that Eklund’s objection looks doubtful by its own lights, we argue that there are several plausible versions of the Metaphysical view that Eklund doesn’t eliminate, defending various claims about normative concepts and their relationships to deliberation, competence, reference, and possession along the way. (shrink)

We consider an ethical dilemma in global health: is it ethically acceptable to provide some patients cheaper treatments that are less effective or more toxic than the treatments other patients receive? We argue that it is ethical to consider local resource constraints when deciding what interventions to provide. The provision of cheaper, less effective health care is frequently the most effective way of promoting health and realizing the ethical values of utility, equality, and priority to the worst off.

Some environmental ethicists and economists argue that attributing infinite value to the environment is a good way to represent an absolute obligation to protect it. Others argue against modelling the value of the environment in this way: the assignment of infinite value leads to immense technical and philosophical difficulties that undermine the environmentalist project. First, there is a problem of discrimination: saving a large region of habitat is better than saving a small region; yet if both outcomes have infinite value, (...) then decision theory prescribes indifference. Second, there is a problem of swamping probabilities: an act with a small but positive probability of saving an endangered species appears to be on par with an act that has a high probability of achieving this outcome, since both have infinite expected value. Our paper shows that a relative concept of infinite value can be meaningfully defined, and provides a good model for securing the priority of the natural environment while avoiding the failures noted by sceptics about infinite value. Our claim is not that the relative infinity utility model gets every detail correct, but rather that it provides a rigorous philosophical framework for thinking about decisions affecting the environment. (shrink)

We present a new frame semantics for positive relevant and substructural propositional logics. This frame semantics is both a generalisation of Routley–Meyer ternary frames and a simplification of them. The key innovation of this semantics is the use of a single accessibility relation to relate collections of points to points. Different logics are modeled by varying the kinds of collections used: they can be sets, multisets, lists or trees. We show that collection frames on trees are sound and complete for (...) the basic positive distributive substructural logic $\mathsf {B}^+$, that collection frames on multisets are sound and complete for $\mathsf {RW}^+$ (the relevant logic $\mathsf {R}^+$, without contraction, or equivalently, positive multiplicative and additive linear logic with distribution for the additive connectives), and that collection frames on sets are sound for the positive relevant logic $\mathsf {R}^+$. The completeness of set frames for $\mathsf {R}^+$ is, currently, an open question. (shrink)

On the face of it, Maurice Merleau-Ponty’s views bear a strong resemblance to contemporary disjunctivist theories of perception, especially John McDowell’s epistemological disjunctivism. Like McDowell (and other disjunctivists), Merleau-Ponty seems to be a direct realist about perception and holds that veridical and illusory perceptions are distinct. This paper furthers this comparison. Furthermore, it is argued that elements of Merleau-Ponty’s thought provide a stronger case for McDowell’s kind of epistemological view than McDowell himself provides. Merleau-Ponty’s early thought can be used to (...) develop a unique version of epistemological disjunctivism that is worth consideration alongside contemporary views on perceptual knowledge. (shrink)

Artificial intelligence (AI) is a digital technology that will be of major importance for the development of humanity in the near future. AI has raised fundamental questions about what we should do with such systems, what the systems themselves should do, what risks they involve and how we can control these. - After the background to the field (1), this article introduces the main debates (2), first on ethical issues that arise with AI systems as objects, i.e. tools made and (...) used by humans; here, the main sections are privacy (2.1), manipulation (2.2), opacity (2.3), bias (2.4), autonomy & responsibility (2.6) and the singularity (2.7). Then we look at AI systems as subjects, i.e. when ethics is for the AI systems themselves in machine ethics (2.8.) and artificial moral agency (2.9). Finally we look at future developments and the concept of AI (3). For each section within these themes, we provide a general explanation of the ethical issues, we outline existing positions and arguments, then we analyse how this plays out with current technologies and finally what policy conse-quences may be drawn. (shrink)

Maurice Merleau-Ponty is often interpreted as claiming that opportunities for action are directly present in perceptual experience. However, he does not provide much evidence for how or why this would occur, and one can doubt that this is an appropriate interpretation of his phenomenological descriptions. In particular, it could be argued the Merleau-Pontyian descriptions mistakenly attribute pre-perceptual or post-perceptual elements such as allocation of attention or judgment to the perceptual experience itself. This paper argues for the Merleau-Pontyian idea that opportunities (...) for action are present in perceptual experience. It further argues that the phenomenological descriptions can be supported and explained via reference to contemporary research on motor imagery. In particular, it will be argued that non-conscious, covert motor imagery is used to prepare for and regulate skilled actions, and that it is plausible that this imagery combines with perception (likely vision) to create a single experience of the environment as enabling action. The paper will also show that contemporary views on motor imagery are broadly compatible with Merleau-Ponty’s aims. (shrink)

This paper draws on work in the sciences of the mind to cast doubt on some assumptions that have often been made in the study of self-control. Contra a long, Aristotelian tradition, recent evidence suggests that highly self-controlled individuals do not have a trait very similar to continence: they experience relatively few desires that conflict with their evaluative judgments and are not especially good at directly and effortfully inhibiting such desires. Similarly, several recent studies have failed to support the view (...) that self-control capacities are constituted, at least in part, by excellent inhibitory executive function ability. I propose an alternative “indirect harmony” hypothesis about trait self-control. According to this hypothesis, if there is a character trait of being highly self-controlled, it consists in motivational harmony within the mind that is brought about through the effective use of indirect resistance strategies that prevent occurrent motivational conflict from emerging in the first place. If this hypothesis is correct, high trait self-control in actual humans does not fit neatly into the traditional categories of either continence or temperance. I conclude by drawing out several implications this hypothesis has for future research on trait self-control and its relation to executive functions. (shrink)

As it is known, there is no rule satisfying Additivity in the complete domain of bankruptcy problems. This paper proposes a notion of partial Additivity in this context, to be called µ-additivity. We find that µ-additivity, together with two quite compelling axioms, anonymity and continuity, identify the Minimal Overlap rule, introduced by Neill (1982).

This article examines a fundamental question of justice in global health. Is it ethically preferable to provide a larger number of people with cheaper treatments that are less effective (or more toxic), or to restrict treatments to a smaller group to provide a more expensive but more effective or less toxic alternative? We argue that choosing to provide less effective or more toxic interventions to a larger number of people is favored by the principles of utility, equality, and priority for (...) those worst-off. Advocates are mistaken to demand that medical care provided in low-income and middle-income countries should be the same as in high-income countries. (shrink)

We argue that distinct conditionals—conditionals that are governed by different logics—are needed to formalize the rules of Truth Introduction and Truth Elimination. We show that revision theory, when enriched with the new conditionals, yields an attractive theory of truth. We go on to compare this theory with one recently proposed by Hartry Field.

This paper explores how open-mindedness and its exercise can be social in nature. In particular, it argues that an individual can be regarded as open-minded even though she does not conduct all of the intellectual tasks as required by open-mindedness _by herself;_ that is, she delegates some of these tasks to her epistemic peers. Thinking about open-mindedness in such social terms not only opens up the possibility that there are different and surprising ways for an individual to be open-minded, but (...) can also help offset some recent criticisms raised against open-mindedness and its status as an intellectual virtue. (shrink)

Analytic Philosophy, Volume 63, Issue 1, Page 16-27, March 2022.

For any given society, its particular technology of communication has far-reaching consequences, not merely as regards social organization, but on the epistemic level as well. Plato's name-theory of meaning represents the transition from the age of primary orality to that of literacy; Wittgenstein's use-theory of meaning stands for the transition from the age of literacy to that of a second orality (audiovisual communication, electronic information processing). On the basis of a use-theory of meaning the problem of machine consciousness, to which (...) the later Wittgenstein again and again returned, is capable of a non-essentialist solution: appropriate changes in our form of life might well entail a radically different psychological language-game. (shrink)

This paper examines Gandhian philosophy and practice to reinterpret UNESCO's educational vision towards establishing stable and sustainable knowledge societies. The uniqueness of the Gandhian perspective is its ability to withstand the dominant political, philosophical and religious challenges with its contextually rooted, spiritually oriented, socially responsible and human person centred reinterpretations. UNESCO’s educational vision-Learning: The Treasure Within published in 1996 is a catalyst in establishing stable and sustainable knowledge societies. Consistent changes and challenges in knowledge societies necessitates the reinterpretation of this (...) educational vision. The four pillars of learning in this educational vision are analysed together with four aspects of Gandhian philosophy and practice: ‘learning to know’ and Nai Talim, ‘learning to do’ and ashrams, ‘learning to live together’ and constructive programme and ‘learning to be’ and swaraj. The paper discusses this confluence of the UNESCO’s theoretical approach of four pillars of education with Gandhian pragmatic philosophy and practice to offer a contextually rooted and future-oriented outlook for reinterpreting the educational vision for establishing stable and sustainable knowledge societies. (shrink)

In this commentary, I suggest expanding the deliberative aspects of critical care policy development in two ways. First, critical-care policy development should expand the scope of deliberation by leaving fewer issues up to expertise or private choice. For instance. it should allow deliberation about the relevance of age, disability, social position, and psychological well-being to allocation decisions. Second, it should broaden both the set of costs considered and the set of stakeholders represented in the deliberative process. In particular, it should (...) consider efforts to reduce the cost of end-of-life care and to redirect resources away from the provision of costly interventions, and should expand the set of individuals included in deliberation to include stakeholders outside the health-care system. (shrink)

The primary aim of this discussion is to present a detailed case study of Descartes’ use of émotion in Les passions de l’ame and in his early writings leading up to that work. A secondary aim is to argue that while Descartes was innovative in suggesting that émotion might be a better keyword for the affective sciences than passion, he did not consistently follow his own advice. His innovation therefore failed in that regard, even though it did inspire later thinkers (...) to explore the distinction between “passion” and “emotion” in their own manner. (shrink)

There are unusual challenges in ethics for RAS. Perhaps the issue can best be summarised as needing to consider “technically informed ethics”. The technology of RAS raises issues that have an ethical dimension, and perhaps uniquely so due to the possibility of moving human decision-making which is implicitly ethically informed to computer systems. Further, if seeking solutions to these problems – ethically aligned design, to use the IEEE’s terminology – then the solutions must be technically meaningful, capable of realisation, capable (...) of assurance, and suitable as a basis for regulation. Thus, ethics for RAS is a rich, complex multi-disciplinary concern, and perhaps more complex than many other ethical issues facing society today. It is also fast-moving. This paper has endeavoured to give an accessible introduction to some of the key issues, noting that many of them are quite subtle, and it is not possible to do them full justice in such a short document. However, we have sought to counterbalance this by giving an extensive list of initiatives, standards, etc. that focus on ethics of RAS and AI, see Annex A. (shrink)

The reply begins by stating that responses to reviews of EfL are “taking criticism of their philosophical claims as personal attacks” and resorting to “hysterical ad hominems”. On the contrary, the responses to around fourteen—often highly positive—reviews have welcomed all their criticisms and simply replied to them. None of these replies appear to commit the ad hominem (to the man) fallacy: that of addressing the qualities of a person as a way of attempting to undermine or defend an argument or (...) assertion made by that person. (shrink)

It is possible to pose many difficult and fascinating problems and criticisms for the various theses and arguments in Escape from Leviathan (EfL). This occurred while writing it, and various sharp minds did it on reading drafts or the final product. However, some reviews misunderstand, or ignore, what is written and reassert conventional views. But it is best to answer all published criticisms if only to show how they fail, lest anyone thinks they are sound, and even poor criticisms can (...) sometimes elicit elucidation. Thus, we now turn to the review. (shrink)

This paper proposes to reconstruct Boaventura de Sousa Santos' conception of "epistemologies of the south" both (a) as a critical theory aiming at denouncing the impoverishment of the epistemic field entailed by the normative imposition of a certain model of knowledge (what we call "the monoculture of reason"), and (b) as a long-term political project of a harmonic coexistence of different epistemologies ("an ecology of knowledges").

In this essay I will try to convince you: (1) that the question of God’s relation to time is of practical relevance for every believer (2) that the idea of God being outside time is a philosophically untenable concept which creates major clashes with Christian doctrine and therefore that every Christian should adopt some temporalist view of God To do that, I will present four arguments against the “outside time” view of God. I then briefly treat the question where the (...) idea of God’s timelessness presumably came from and conclude with an outlook on problems that temporalist accounts of God must face. (shrink)

This paper will compare the concept of nature as it appears in the philosophies of the American pragmatist John Dewey and the Chinese text known as the Zhuangzi, with an aim towards mapping out a heuristic program which might be used to correct various interpretive difficulties in reading each figure. I shall argue that Dewey and Zhuangzi both held more complex and comprehensive philosophies of nature than for which either is typically credited. Such a view of nature turns on the (...) notion of continuity, particularly that between an experiencing organism [Dewey’s “live creature”] and the conditioning environment [Zhuangzi’s “crooked tree”]. Where Dewey’s and Zhuangzi’s ideas about nature converge, one finds similarities in prescriptions made for human action, and in the few places where they differ, one finds mutually complementary insights. (shrink)

This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more defensible. The (...) second Part considers how tort has dealt with this divergence between lay and expert perspectives. It also evaluates how tort's approach has differed from that of public law approaches to accident law, such as legislative compensation and risk regulation by administrative agencies. Ultimately, tort's ability to recognize the value of lay intuitions supports retaining the tort perspective as part of our societal arsenal of responses to risk and harm. This ability can also support a pro-tort perspective in two practical debates in the arena of tort law: that over preemption of tort law by administrative agency judgments, and that over access to tort recovery as part of a no-fault system. (shrink)

The “free world” was the political rhetoric used during the Cold War in contrast to the “communist” countries. However, the “free world” was manifestly never free: the state considerably interfered with people in their persons and their property. And the “communist” countries were manifestly never communist in the Marxist sense: there was no common ownership of the means of production with the absence of social classes, money, and the state. It would have been more accurate to call them the “authoritarian (...) world” and the “totalitarian world”. Today the “free world” is sometimes still used, but Western countries remain authoritarian in terms of taxation and restrictive legislation. The, by implication, “unfree world” is largely only somewhat more authoritarian. Why does this continuing authoritarianism exist in the West? (shrink)

The aim of this article is to advance the idea according to which the Cartesian Cogito, the ground of modern philosophy and the source of the notion of thinking subject, is tributary of a certain method whose legitimation is grounded in western history. According to this hypothesis, there is a certain tool that plays a fundamental role in the production of this new philosophical notion: the dream. The argument will be developed in four parts. We will first proceed to (i) (...) an analysis of the role of the hypothesis of the dream in the formulation of the notion of res cogitans, what will bring us to (ii) an exploration of the conception of private world supposed by such a hypothesis so as to (iii) clarify the specificity of the Cartesian notion of knowledge, a knowledge that must be acquirable in a dream; in conclusion (iv) we will indicate in a schematic way the historic-cultural anchor of the Cartesian dream where the subject is originated. (shrink)

This article advances the hypothesis that the Fichtean enterprise of grounding all possible experience in a fundamental principle has to fail in order to succeed one of its most important tasks: reformulating the very idea of subjectivity. In order to ground this hypothesis, the paper will be divided in four parts: (i) the first one will analyze the starting point of the work where Fichte lays the foundations of his philosophical project (Grundlage der gesamten Wissenschaftslehre) so as to show that (...) its first principle contains a fundamental ambiguity. We will then (ii) suggest that this very ambiguity reveals itself in the Anstoß, the conceptual tool through which Fichte intends to get rid of the Kantian notion of thing-in- itself. In a third moment (iii), we will explore the effects of this abandonment of the thing-in-itself on the relation between the finite and the infinite, what will bring us to the notion of failure. Finally (iv), we will propose to interpret this failure as a positive driving force of a permanent calling into question of the subject and its language. (shrink)

Abraham J. Malherbe was one of the most influential New Testament scholars of the past half century. He is especially known for his use of Hellenistic moral philosophy in the interpretation of New Testament texts, especially Pauline literature. Whilst the comparative study of New Testament and Greco-Roman material remains a contentious approach in scholarship, Malherbe’s work provides important pointers in how to make such comparisons in a meaningful and reasoned manner, by paying due respect to the integrity of the texts (...) being compared and to the function textual elements have within their own contexts. I discussed the salient features of Malherbe’s approach, focusing in particular on his study of topoi. One of the most significant findings was Malherbe’s emphasis on the dialectical combination of common and individual elements in such topoi, which enabled ancient authors to embed their own texts within the cultural discourse of their time. His approach opens the way to further research of the New Testament within its philosophical context without requiring proof of a genealogical relationship between the texts or authors concerned. (shrink)