Standpoint theorists have long been clear that marginalization does not make better understanding a given. They have been less clear, though, that social dominance does not make ignorance a given. Indeed, many standpoint theorists have implicitly committed themselves to what I call the strong epistemic disadvantage thesis. According to this thesis, there are strong, substantive limits on what the socially dominant can know about oppression that they do not personally experience. I argue that this thesis is not just implausible but (...) politically pernicious; it is an excuse for ignorance and silence that stifles our ability to address many injustices. Moreover, I argue that if we are to avoid lending support to the SEDT while working within a standpoint theory framework, we must hold that the socially dominant can achieve marginalized standpoints. So, we must hold that men can achieve feminist standpoints, that white women (and men) can achieve black feminist standpoints, and so on. (shrink)

There is a basic distinction, in the realm of spatial boundaries, between bona fide boundaries on the one hand, and fiat boundaries on the other. The former are just the physical boundaries of old. The latter are exemplified especially by boundaries induced through human demarcation, for example in the geographic domain. The classical problems connected with the notions of adjacency, contact, separation and division can be resolved in an intuitive way by recognizing this two-sorted ontology of boundaries. Bona fide boundaries (...) yield a notion of contact that is effectively modeled by classical topology; the analogue of contact involving fiat boundaries calls, however, for a different account, based on the intuition that fiat boundaries do not support the open/closed distinction on which classical topology is based. In the presence of this two-sorted ontology it then transpires that mereotopology—topology erected on a mereological basis—is more than a trivial formal variant of classical point-set topology. (shrink)

There is an undeniable tendency to dismiss women’s sexual assault allegations out of hand. However, this tendency is not monolithic—allegations that black men have raped white women are often met with deadly seriousness. I argue that contemporary rape culture is characterized by the interplay between rape myths that minimize rape, and myths that catastrophize rape. Together, these two sets of rape myths distort the epistemic resources that people use when assessing rape allegations. These distortions result in the unjust exoneration of (...) people we cannot conceive of as monstrous, while making it too easy to believe that some marginalized people could be rapists. I also argue that rape myths enable a novel kind of epistemic injustice. This injustice concerns how our assessments of trustworthiness and our assessments of plausibility interact. I argue that rape myths can result in runaway credibility deflations that can explain both why people fail to believe most women, and also why people may unjustly believe false allegations that white women have been raped by black men. (shrink)

Cognitive scientists have been debating how the folk concept of intentional action works. We suggest a simple account: people consider that an agent did X intentionally to the extent that X was causally dependent on how much the agent wanted X to happen (or not to happen). Combined with recent models of human causal cognition, this definition provides a good account of the way people use the concept of intentional action, and offers natural explanations for puzzling phenomena such as the (...) side-effect effect. We provide empirical support for our theory, in studies where we show that people’s causation and intentionality judgments track each other closely, in everyday situations as well as in scenarios with unusual causal structures. Study 5 additionally shows that the effect of norm violations on intentionality judgments depends on the causal structure of the situation, in a way uniquely predicted by our theory. Taken together, these results suggest that the folk concept of intentional action has been difficult to define because it is made of cognitive building blocks, such as our intuitive concept of causation, whose logic cognitive scientists are just starting to understand. (shrink)

We discuss at some length evidence from the cognitive science suggesting that the representations of objects based on spatiotemporal information and featural information retrieved bottomup from a visual scene precede representations of objects that include conceptual information. We argue that a distinction can be drawn between representations with conceptual and nonconceptual content. The distinction is based on perceptual mechanisms that retrieve information in conceptually unmediated ways. The representational contents of the states induced by these mechanisms that are available to a (...) type of awareness called phenomenal awareness constitute the phenomenal content of experience. The phenomenal content of perception contains the existence of objects as separate things that persist in time and time, spatiotemporal information, and information regarding relative spatial relations, motion, surface properties, shape, size, orientation, color, and their functional properties. (shrink)

The concept of niche (setting, context, habitat, environment) has been little studied by ontologists, in spite of its wide application in a variety of disciplines from evolutionary biology to economics. What follows is a first formal theory of this concept, a theory of the relations between objects and their niches. The theory builds upon existing work on mereology, topology, and the theory of spatial location as tools of formal ontology. It will be illustrated above all by means of simple biological (...) examples, but the concept of niche should be understood as being, like concepts such as part, boundary, and location, a structural concept that is applicable in principle to a wide range of different domains. (shrink)

This study explores the impact of regional comprehensive factors on talent acquisition using the ASA (Attraction-Selection-Attrition) theory within the context of the automotive industry, employing a structural equation modeling approach. Analyzing data from 308 respondents, the study identifies significant relationships between regional development pole, industry agglomeration, and regional incentives with various dimensions of talent acquisition, including attraction, selection, and retention. The findings reveal that regional development pole and incentives positively influence talent management processes, whereas industry agglomeration has a detrimental effect. (...) These insights are essential for formulating strategies to enhance talent acquisition and retention in the automotive industry by leveraging regional development and incentive mechanisms while addressing the challenges posed by industrial agglomeration. (shrink)

There are conflicting intuitions concerning the status of a boundary separating two adjacent entities (or two parts of the same entity). The boundary cannot belong to both things, for adjacency excludes overlap; and it cannot belong to neither, for nothing lies between two adjacent things. Yet how can the dilemma be avoided without assigning the boundary to one thing or the other at random? Some philosophers regard this as a reductio of the very notion of a boundary, which should accordingly (...) be treated a mere façon de parler. In this paper I resist this temptation and examine some ways of taking the puzzle at face value within a realist perspective—treating boundaries as ontologically on a par with (albeit parasitic upon) extended parts. (shrink)

One of the attractions of the Humean instrumentalist theory of practical rationality is that it appears to offer a special connection between an agent's reasons and her motivation. The assumption that Humeanism is able to assert a strong connection between reason and motivation has been challenged, most notably by Christine Korsgaard. She argues that Humeanism is not special in the connection it allows to motivation. On the contrary, Humean theories of practical rationality do connect reasons and motivation in a unique (...) and attractive way, though the nature of this connection has sometimes been misunderstood by both defenders and detractors of the theory. (shrink)

Deception sometimes results in nonconsensual sex. A recent body of literature diagnoses such violations as invalidating consent: the agreement is not morally transformative, which is why the sexual contact is a rights violation. We pursue a different explanation for the wrongs in question: there is valid consent, but it is not consent to the sex act that happened. Semantic conventions play a key role in distinguishing deceptions that result in nonconsensual sex (like stealth condom removal) from those that don’t (like (...) white lies). Our framework is also applicable to more controversial cases, like those implicated in so-called “gender fraud” complaints. (shrink)

Recent research has begun treating the perennial philosophical question, “what makes a person the same over time?” as an empirical question. A long tradition in philosophy holds that psychological continuity and connectedness of memories are at the heart of personal identity. More recent experimental work, following Strohminger & Nichols (2014), has suggested that persistence of moral character, more than memories, is perceived as essential for personal identity. While there is a growing body of evidence supporting these findings, a critique by (...) Starmans & Bloom (2018) suggests that this research program conflates personal identity with mere similarity. To address this criticism, we explore how loss of someone’s morality or memories influence perceptions of identity change, and perceptions of moral duties towards the target of the change. We present participants with a classic ‘body switch’ thought experiment and after assessing perceptions of identity persistence, we present a moral dilemma, asking participants to imagine that one of the patients must die (Study 1) or be left alone in a care home for the rest of their life (Study 2). Our results highlight the importance of the continuity of moral character, suggesting lay intuitions are tracking (something like) personal identity, not just mere similarity. (shrink)

Are there any bona fide boundaries, i.e., boundaries that carve at the joints? Or is any boundary —hence any object—the result of a fiat articulation reflecting our cognitive biases and our so-cial practices and conventions? Does the choice between these two options amount to a choice between realism and wholesome relativism?

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)

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)

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)

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)

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)

In the exceptional book _Divine Holiness and Divine Action_, Mark Murphy defends what he calls the _holiness framework _for divine action. The purpose of our essay-response to Murphy’s book is to consider an alternative framework for divine action, what we call the _agapist framework_. We argue that the latter framework is more probable than Murphy’s holiness framework with respect to_ select _theological desiderata.

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)

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)

Most current techniques to deal with invasive species are ineffective or have highly damaging side effects. To this end suppression-drives based on clustered regularly inter-spaced short palindromic repeats (CRISPR/Cas9) have been touted as a potential silver bullet for the problem, allowing for a highly focused, humane and cost-effective means of removing a target species from an environment. Suppression-drives come with serious risks, however, such that the precautionary principle seems to warrant us not deploying this technology. The focus of this paper (...) is on one such risk – the danger of a suppression-drive escaping containment and wiping out the target species globally. Here, I argue that in most cases this risk is significant enough to warrant not using a gene-drive. In some cases, however, we can bypass the precautionary principle by using an approach that hinges on what I term the ‘Worst-Case Clause’. This clause, in turn, provides us with a litmus test that can be fruitfully used to determine what species are viable targets for suppression-drives in the wild. Using this metric in concert with other considerations, I suggest that only three species are currently possible viable targets – the European rabbit, ship rat and Caribbean Tree Frog. (shrink)

The paper has two complementary objectives. First, it sustains an analysis of the concept of ‘coloniality’ that accounts for the epistemic imbalance in the modern world, demonstrating precisely how Africa is adversely affected, having been caught up in the throes of coloniality and its epistemic implications. Second – and complementarily – the paper attempts to bring this very concept of ‘coloniality’ into the discourse on Africa’s emigration crisis, arguing that Africa’s emigration crisis is traceable, inter alia, to the epistemic imbalance (...) in the very structure of modernity. This imbalance results from the stifling of Africa’s epistemic resources under Western epistemic hegemony. Epistemic coloniality, of course interacting with some material factors, creates a sufficient condition for emigration. It is further theorized that the apparent lack of epistemic will on the part of Africans to mobilize some surviving epistemic resources to address some problems on their own is also a function of coloniality. (shrink)

The work argues that engaging Africa's cultural and epistemic resources as social imaginaries, and not as metaphysical or ontological “essences,” could help practitioners of African philosophy overcome the cluster of shortcomings and undesirable features associated with “ethnophilosophy.” A number of points are outlined to buttress this claim. First, the framework of social imaginaries does not operate with the false assumption that Africa's cultural forms and epistemic resources are static and immutable. Second, this framework does not lend itself to sweeping generalizations (...) about Africa or large swathes of it. Third, the framework of social imaginaries remedies ethnophilosophy's problem of collectivism. Fourth, unlike ethnophilosophy, it does not romanticize and canonize a supposedly “idyllic” African past, which militates against a realistic and forward‐looking philosophizing. Finally, with the framework of social imaginaries, Africa's indigenous cultural and epistemic resources become amenable to being engaged with critical philosophical rigor. This not only enhances their potential for cross‐cultural philosophical conversation but also enhances their usefulness for addressing current sociopolitical issues affecting Africa. The discussion in this paper somewhat touches upon the question of method in African philosophy, using the ethnophilosophy problem to navigate the vast gamut of issues involved. (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)

This paper investigates the view that digital hypercomputing is a good reason for rejection or re-interpretation of the Church-Turing thesis. After suggestion that such re-interpretation is historically problematic and often involves attack on a straw man (the ‘maximality thesis’), it discusses proposals for digital hypercomputing with Zeno-machines , i.e. computing machines that compute an infinite number of computing steps in finite time, thus performing supertasks. It argues that effective computing with Zeno-machines falls into a dilemma: either they are specified such (...) that they do not have output states, or they are specified such that they do have output states, but involve contradiction. Repairs though non-effective methods or special rules for semi-decidable problems are sought, but not found. The paper concludes that hypercomputing supertasks are impossible in the actual world and thus no reason for rejection of the Church-Turing thesis in its traditional interpretation. (shrink)

Most event-referring expressions are vague; it is utterly difficult, if not impossible, to specify the exact spatiotemporal location of an event from the words that we use to refer to it. We argue that in spite of certain prima facie obstacles, such vagueness can be given a purely semantic (broadly supervaluational) account.

Computer simulations of the formation and evolution of large-scale structure in the universe are integral to the enterprise of modern cosmology. Establishing the reliability of these simulations has been extremely challenging, primarily because of epistemic opacity. In this setting, robustness analysis defined by requiring converging outputs from a diverse ensemble of simulations is insufficient to determine simulation validity. We propose an alternative path of structured code validation that applies eliminative reasoning to isolate and reduce possible sources of error, a potential (...) path that is already being explored by some cosmologists. (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)

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.

Ever since its inception, the theory of evolution has been reified into an “-ism”: Darwinism. While biologists today tend to shy away from the term in their research, the term is still actively used in the broader academic and societal contexts. What exactly is Darwinism, and how precisely are its various uses and abuses related to the scientific theory of evolution? Some call for limiting the meaning of the term “Darwinism” to its scientific context; others call for its abolition; yet (...) others claim the term refers to a myth-like story. In this paper we propose a conceptually grounded overview of the term. We show how the scientific dimension of Darwinism feeds into, and is influenced by, guises of Darwinism as a methodology and as an ethically and politically charged “worldview”. The full meaning of Darwinism, as well as how this meaning has changed over time, can only be understood through the complex interaction between these three dimensions. (shrink)

This study determined the cognitive skills achievement in mathematics of elementary pre-service teachers as a basis for improving problem-solving and critical thinking which was analyzed using Piaget's seven logical operations namely: classification, seriation, logical multiplication, compensation, ratio and proportional thinking, probability thinking, and correlational thinking. This study utilized an adopted Test on Logical Operations (TLO) and descriptive research design to describe the cognitive skills achievement and to determine the affecting factors. Overall, elementary pre-service teachers performed with sufficient understanding in dealing (...) with the TLO. However, in each logical operation, students were found to have insufficient understanding of probability thinking and correlational thinking. These insufficiencies in other logical operations were attributed to their misconceptions on some mathematical terms, misinterpretation of the problems, poor comprehension skills, poor problem-solving skills, and poor performance in mathematics in general. (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 focuses on the semantics of statements of the form ‘x is P at t’ vis-à-vis its metaphysical underpinnings. I begin by considering four main readings, corresponding to the four basic parsings of the temporal modifier ‘at t’: (1) at-t x is P, (2) x-at-t is P, (3) x is-at-t P, and (4) x is P-at-t. Each of these readings—which correspond to different metaphysical conceptions of the nature of temporal change—is found inadequate or otherwise problematic. In the second part (...) of the paper I therefore consider a fifth account whose advantages over (1)–(4), I argue, exceed its revisionary costs. This fifth account is based on a conception of objects as entia successiva held together by a nexus of temporal counterparthood and reads ‘x is P at t’ as ‘the t-counterpart of x is P’. (shrink)

In previous work, I introduced a complete axiomatization of classical non-tautologies based essentially on Łukasiewicz’s rejection method. The present paper provides a new, Hilbert-type axiomatization (along with related systems to axiomatize classical contradictions, non-contradictions, contingencies and non-contingencies respectively). This new system is mathematically less elegant, but the format of the inferential rules and the structure of the completeness proof possess some intrinsic interest and suggests instructive comparisons with the logic of tautologies.

In this paper, I argue that no strong doctrine of the Fall can undermine the propriety of epistemic self-trust. My argument proceeds by introducing a common type of philosophical methodology, known as reflective equilibrium. After a brief exposition of the method, I introduce a puzzle for someone engaged in the project of self-reflection after gaining a reason to distrust their epistemic selves on the basis of a construal of a doctrine of the Fall. I close by introducing the worry as (...) a formal argument and demonstrate the self-undermining nature of such an argument. (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)

A defense of the value of studying what Aristotle, in the Politics, refers to as useless things, and thereby a defense of the 'uselessness' of the study of the liberal arts.

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)

When the reader turns to a text, he conceives of the narrated events as ordered in time. When the natural philosopher turns to the world, he also conceives of its events as ordered in time—or lately, in space-time. But each has the task of constituting this order on the basis of clues present in what is to be ordered. Interrogating the parallels to be found in their problems and methods, I shall argue that in both cases the definiteness of the (...) relation between the order and what is ordered resides mainly in how the matter is to be conceived, and is underdetermined by the facts. (shrink)

The study examines the argumentative competencies of people with Asperger syndrome (AS) and compares this with those of normal – or what are called neurotypical (NT) – subjects. To investigate how people with AS recognise, evaluate and engage in argumentation, we have adapted and applied the empirical instrument developed by van Eemeren, Garssen and Meuffels to study the conventional validity of the pragma-dialectical freedom rule (van Eemeren, Gars- sen & Meuffels 2003a; 2003b; 2005a; 2005b; van Eemeren & Meuffels, 2002). Our (...) paper begins with some background information on Asperger syndrome and how it impacts upon communication and argumentation; then it addresses the research questions and methods used; thirdly, it presents some initial findings; finally, it will conclude with some im- plications for those people with AS, for those they come into contact with and for the pragma-dialectic model in general. (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)

In ‘Something to Do with Vagueness ...’, Linda Burns defends an analogy between the informational and the borderline-case variety of vagueness. She argues that the latter is in fact less extraordinary and less disastrous than people in the tradition of Michael Dummett and Crispin Wright have told us. However, her account involves presuppositions that cannot be taken for granted. Here is to take a closer look at some of these presuppositions and argue hat they may--when left unguarded--undermine much of Burns’ (...) general account. (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)

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)

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)

My aim in this paper is to draw Plotinus and Derrida together in a comparison of their respective appropriations of the famous “receptacle” passage in Plato's Timaeus (specifically, Plotinus' discussion of intelligible matter in Enneads 2.4 and Derrida's essay on Timaeus entitled “Kh ō ra”). After setting the stage with a discussion of several instructive similarities between their general philosophical projects, I contend that Plotinus and Derrida take comparable approaches both to thinking the origin of the forms and to problematizing (...) the stability of the sensible/intelligible opposition. With these parallels in focus, I go on to explain how examining such points of contact can help us to dismantle the canonical constructs of “Plotinus the metaphysician” and “Derrida the anti-metaphysician” that have obscured important connections between Neoplatonism and deconstruction, and suppressed latent resources within the Platonic tradition itself for deconstructing the dualistic ontology of so-called “Platonic metaphysics.”. (shrink)