Een vrije en veerkrachtige samenleving ontstaat niet vanzelf en blijft niet vanzelf bestaan. In dit themanummer verkennen we de publieke onderwijstaak van het hoger beroepsonderwijs om studenten te onderwijzen de gemeenschappelijke wereld én het publieke gesprek over die wereld centraal te stellen. Met dit themanummer willen wij iets tegenover het vigerende marktdenken zetten. We laten ons hierbij inspireren door het gedachtegoed van Hannah Arendt (1906–1975). Ze heeft uitgebreid geschreven over ‘het publieke’. Ze verbindt de inzet van wetenschappelijke kennis en technologie (...) met het politieke vraagstuk: willen we daadwerkelijk leven in de wereld die we aan het scheppen zijn? Arendts gedachtegoed biedt volop handvatten om op verschillende niveaus van het hoger beroepsonderwijs deze taak te doordenken en invulling te geven. (shrink)

In this article I argue that the value of epistemic justification cannot be adequately explained as being instrumental to truth. I intend to show that false belief, which is no means to truth, can nevertheless still be of epistemic value. This in turn will make a good prima facie case that justification is valuable for its own sake. If this is right, we will have also found reason to think that truth value monism is false: assuming that true belief does (...) have value, there is more of final epistemic value than mere true belief. (shrink)

We claim that a moral obligation to take climate leadership by means of unilateral mitigation depends on the existence of a plausible follow-the-leader mechanism whereby unilateral mitigation by some increases the probability of sufficient mitigation by others to avert catastrophic climate impacts. By understanding these mechanisms, we can better articulate the obligation for climate leadership across various sectors, from government to individual actors, in the fight against climate change. [Open access].

This three-part paper presents Gordon Pask’s conversation theory (CT) and interaction of actors theory (IA) and outlines ways to apply these cybernetic approaches to designing technologies and scenarios for both formal and informal learning. The first part of the paper covers concepts central to CT and IA, explaining the relationship between conceptual and mechanical operators, and machines mediating informal and formal learning. The second part of the paper applies visual representations of CT and IA to understanding the use of Pask’s (...) course assembly systems (CASTE and THOUGHTSTICKER), created between the late 1960s and the 1980s, and the ThoughtShuffler search interface, created in the 2010s. The third part proposes two pathways for design based on CT and IA: firstly, the potential for designers and observers to reformulate the qualities of tools and learning scenarios to augment human thinking and collective action; and secondly, the possibility to create tools with malleable interfaces that allow users to become intermediaries rather than consumers of knowledge. (shrink)

I argue that the conjunction of perdurantism (the view that objects are temporally extended) and universalism (the thesis that any old class of things has a mereological fusion) gives rise to undesired complications when combined with certain plausible assumptions concerning the semantics of tensed statements.

Literature in epistemology tends to suppose that there are three main types of understanding – propositional, atomistic, and objectual. By showing that all apparent instances of propositional understanding can be more plausibly explained as featuring one of several other epistemic states, this paper argues that talk of propositional understanding is unhelpful and misleading. The upshot is that epistemologists can do without the notion of propositional understanding.

The problem of moral luck arises due to a particular tension in our thought. On the one hand, we seem readily inclined to endorse the principle that moral responsibility, that is, one’s praiseworthiness or blameworthiness, cannot be affected by luck, that is, by factors over which one lacks control. But, when we examine our actual practices, we find that our moral judgments are highly sensitive to luck. This resulting tension between principle and practice is the problem of moral luck, and (...) an attempt to solve this problem is an attempt to resolve this tension. The article first explains the traditional characterization of the problem and reviews three general strategies in responding to it. It is then argued that we should characterize the problem in a slightly broader way. This refocusing turns out to have significant methodological implications. (shrink)

Two types of formal models - landscape search tasks and two-armed bandit models - are often used to study the effects that various social factors have on epistemic performance. I argue that they can be understood within a single framework. In this unified framework, I develop a model that may be used to understand the effects of functional and demographic diversity and their interaction. Using the unified model, I find that the benefit of demographic diversity is most pronounced in a (...) functionally homogeneous group, and decreases with the increase of functional diversity. (shrink)

Human cognitive acts are directed towards objects extended in space of a wide range of different types. What follows is a new proposal for bringing order into this typological clutter. The theory of spatially extended objects should make room not only for the objects of physics but also for objects at higher levels, including the objects of geography and of related disciplines. It should leave room for different types of boundaries, including both the bona fide boundaries which we find in (...) the physical world and the fiat (or human-demarcation-induced) boundaries with which much of geography has to deal. Two distinct axiomatic theories of boundaries are accordingly presented, and the need for both is examined in some detail. The resultant dual framework is shown to have application above all for our understanding of issues involving contact, division, and separation, issues which have posed serious difficulties for the ontological theories of boundaries that have been proposed hitherto. (shrink)

Epistemic internalism, by stressing the indispensability of the subject’s perspective, strikes many as plausible at first blush. However, many people have tended to reject the position because certain kinds of beliefs have been thought to pose special problems for epistemic internalism. For example, internalists tend to hold that so long as a justifier is available to the subject either immediately or upon introspection, it can serve to justify beliefs. Many have thought it obvious that no such view can be correct, (...) as it has been alleged that internalism cannot account for the possibility of the justification of beliefs stored in memory. -/- My aim in this paper is to offer a response that explains how memory justification is possible in a way that is consistent with epistemic internalism and an awareness condition on justification. Specifically, I will explore the plausibility of various options open to internalists, including both foundationalist and non-foundationalist approaches to the structure of justification. I intend to show that despite other difficult challenges that epistemic internalism might face, memory belief poses no special problems that the resources of internalism cannot adequately address. (shrink)

Many advocate practices of ‘local food’ or ‘locavorism’ as a partial solution to the injustices and unsustainability of contemporary food systems. I think that there is much to be said in favor of local food movements, but these virtues are insufficient to immunize locavorism from criticism. In particular, three duties of international ethics—beneficence, repair and fairness—may provide reasons for constraining the developed world’s permissible pursuit of local food. A complete account of why (and how) the fulfillment of these duties constrains (...) locavorism will require extensive empirical evidence about the relationship between agricultural demand-led industrialization, international trade (rules), and local food practices. In this paper I can only gesture at some of this evidence and, for that reason, my policy prescriptions are merely provisional. Instead, the upshot of this paper is that advocates of locavorism ought to be attentive to the empirical-dependence of the moral permissibility of their projects. As local food ‘scales up’—and comes to be embraced as a goal of political communities—these concerns should receive even greater attention. (shrink)

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

Some have argued that the vagueness exhibited by geographic names and descriptions such as ‘Albuquerque’, ‘the Outback’, or ‘Mount Everest’ is ultimately ontological: these terms are vague because they refer to vague objects, objects with fuzzy boundaries. I take the opposite stand and hold the view that geographic vagueness is exclusively semantic, or conceptual at large. There is no such thing as a vague mountain. Rather, there are many things where we conceive a mountain to be, each with its precise (...) boundary, and when we say ‘Everest’ we are just being vague as to which thing we are referring to. This paper defends this view against some plausible objections. (shrink)

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

Scientific literacy is built on critical thinking. The postbaccalaureate workforce enhances our economies and societies by contributing a wealth of knowledge and skill sets to local communities, respective industries, and beyond as our world becomes increasingly interconnected. Education in scientific literacy should teach students how to learn about science and how to cultivate and communicate a positive attitude about science. Learners in a 200-level nonmajors biotechnology course engaged with a series of ethical dilemmas after mastering the basic elements of argument (...) structure and advanced tools in argument evaluation. To introduce collaboration as a constructive process in undergraduate education, student interactions with peers require guidance, flexibility, and compassion to learn from each other. Students gain critical thinking mastery from two modules addressing how we argue and evaluate claims. Students apply these critical thinking skills to various ethical arguments involving responsible conduct of research training. Using our structured and interdisciplinary approach, new scholars learn through practice how to read, analyze, and evaluate research scenarios and respond to potential ethical situations. This strategy allows students to develop important scholarly skills, including a systematic approach to evaluating credibility and applying generosity to theirs and others' understanding of their circumstances. (shrink)

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

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

A lot of work in metaphysics relies on linguistic analysis and intuitions. Do we want to know what sort of things there are or could be? Then let’s see what sort of things there must be in order for what we truthfully say to be true. Do we want to see whether x is distinct from y? Then let’s see whether there is any statement that is true of x but not of y. And so on. In this paper I (...) argue that this way of proceeding is full of traps and is bound to be pretty useless unless we already have a good idea of what sort of things there are, and of how we are going to count them. (shrink)

Jacob Klapwijk’s book Purpose in the Living World? (Cambridge 2998) is examined with special attention given to the scholarly background from out of which it emerges as a significant contribution to reformational philosophical reflection. As an initial step to clarify some important issues raised by Klapwijk’s critical comments about Dooyeweerd’s “essentialist” concept of species, the article probes facets of the way Jan Lever incorporated reformational philosophical concepts into his biological theory and considers the 1959 review written by Herman Dooyeweerd of (...) Lever’s Creation and Evolution. The analysis focuses specifically upon the social responsibilities of these two scholars and the confrontation of their respective views. With the work of Lever and Dooyeweerd we sense something of the ambiguities when reformational philosophy confronts an evangelical scholasticism. This confrontation is an important facet of the context in which Klapwijk has set forth his discussion of creation and emergent evolution. Purpose is also the fruit of scholarly collaboration across disciplines, providing a welcome stimulus for a deepened understanding of the corporate character of the student vocation. (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)

A plausible thought about vagueness is that it involves semantic incompleteness. To say that a predicate is vague is to say (at the very least) that its extension is incompletely specified. Where there is incomplete specification of extension there is indeterminacy, an indeterminacy between various ways in which the specification of the predicate might be completed or sharpened. In this paper we show that this idea is bound to founder by presenting an argument to the effect that there are vague (...) predicates which cannot be sharpened in such a way as to meet certain basic constraints (of penumbral connection and public accessibility) that must be imposed on the very notion of a sharpening. (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)

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)

Though most children can easily answer the question, "Who's your daddy?", the concept of paternity is complex and multifaceted. Courts have stumbled in answering it. In order to ground paternal rights and obligations in a satisfactory way, we need to disaggregate the various elements of stereotypical paternity. It is not sufficient merely to separate social from biological paternity. The latter concept, itself, is complex. We need to separate the procreative element of paternity from the genetic relationship.

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)

This article encourages a reconsideration of Christian sociology. It explains how deism makes a decisive impact in the theoretical foundations of the discipline. Dutch neocalvinistic philosophy in its North American immigrant setting after World War II issued a challenge which drew attention to the dogmas of deism implicit in sociology, but this challenge has not been met. Christian sociology, however, still retains its God-given vocation to find ways to encourage people everywhere to positively form complex differentiated social settings in the (...) Spirit of the Suffering and Glorified Messiah. (shrink)

A philosophical dialogue on the functioning, the limits, and the paradoxes of our electoral practices, dealing with such basic questions as: What is a vote? How do we count votes? And do votes really count?

Judith Butler’s influential work in feminist theory is significant for its insight that sexist discourse in popular culture affects the agency and consciousness of individuals, but offers an inadequate account of how such discourse might be said to touch, shape, or affect selves. Supplementing Butler’s account of signification with a Deweyan pragmatic account of meaning-making and selective emphasis enables a consistent account of the relationship between discourse and subjectivity with a robust conception of the bodily organism. An analysis of the (...) popular discourse surrounding Hillary Clinton in the 2008 Presidential campaign demonstrates why this hybrid pragmatic/poststructuralist account is necessary. (shrink)

My aim in this paper is to demonstrate that actual egalitarian social practices are unsustainable in most circumstances, thus diffusing Cohen’s conundrum by providing an ‘out’ for our rich egalitarian. I will also try to provide a balm for the troubles produced by continuing inequality, by showing how embracing a common conception of utopia can assist a society in its efforts towards establishing egalitarian practices. Doing so will first require an explanation of how giving, like any social practice, can be (...) thought of in terms of being externally suggested, internally willed, or some combination of the two. (shrink)

This research note is penned in honour of Johan Vander Hoeven on his retirement as Editor-in-Chief of Philosophia Reformata. It is to acknowledge his helpful contribution to the critical exposition of phenomenology. I first read his work almost 30 years ago and it challenged me to develop a sympathetic Christian critique of this philosophical movement. This note is to offer some reflection upon the Christian interpretation of phenomeology. In particular, it raises questions about how some famous phrases, one by Dilthey, (...) the other by Husserl, have been construed. (shrink)

This study examines the correlation between job descriptions and salaries at Immaculate Conception College of Balayan Inc. (ICCBI), a private Catholic institution devoted to faith-based education. Using qualitative research, a single-case study was conducted with ten (10) participants selected through purposive sampling based on specific criteria. Through face-to-face interviews, data was collected and analyzed using a narrative approach. Thus, it was found out that job descriptions at ICCBI are established through methods like job analysis, role and responsibility approaches, qualifications, and (...) the school manual-based method. Salary determination involves factors such as tenure, educational attainment, performance, teaching loads, experience, and collegial care. Key factors influencing job descriptions include salary differentiation, aligned job descriptions, career development opportunities, and increased duties and responsibilities. Variations in the salary structure are affected by teaching loads, department designations, and educational qualifications. The findings indicate that job descriptions impact employee salaries at the institution, and future research is encouraged to explore identified factors for insights into developing more efficient roles and contributing to organizational effectiveness. With this, the study proposed a strategic plan for future use and implementation. (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.

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 argues that the Theaetetus establishes conditions on objects of knowledge which entail that only of Forms can there be knowledge. Plato's arguments for this are valid. The principles needed to make Plato's premises true will turn out to have deep connection with important parts of Plato's over-all theory, and to have consequences which Plato, in the middle dialogues, seems to welcome on other grounds as well.

WILLIAM DAVIS HAS MAINTAINED THAT A SUPER PLEASURE HELMET COULD IN PRINCIPLE SATISFY ALL HUMAN NEEDS, BUT THAT SUCH A MACHINE IS PROBABLY A PRACTICAL IMPOSSIBILITY. I ARGUE THAT THE SUPER PLEASURE HELMET IS CONCEPTUALLY IMPOSSIBLE BY ARGUING THAT A PERSON'S NEEDS CANNOT BE SATISFIED JUST BY BRINGING ABOUT CERTAIN PSYCHOLOGICAL STATES IN THAT PERSON.

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)

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)

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)

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)

This work gives an extended presentation of the treatment of variable-binding operators adumbrated in [3:1993d]. Illustrative examples include elementary languages with quantifiers and lambda-equipped categorial languages. Some remarks are also offered to illustrate the philosophical import of the resulting picture. Particularly, a certain conception of logic emerges from the account: the view that logics are true theories in the model-theoretic sense, i.e. the result of selecting a certain class of models as the only “admissible” interpretation structures (for a given language).

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Libertarians typically object to having the state deal with law and order for several general reasons: it is inefficient; it is carried out at the expense of taxpayers; and it punishes so-called victimless crimes. Exactly what the observance of liberty implies with respect to the treatment of tortfeasors and criminals is more controversial among libertarians. A pure theory of libertarian restitution and retribution is mainly what is attempted here, without becoming involved in general moral anti-state arguments. However, the pure theory (...) alone will raise practical problems that require immediate response if the theory is to appear at all plausible. (shrink)

A critical survey of topics that play a central role in contemporary analytic ontology and metaphysics, including, identity, persistence through time, the problem of universals, the notion of ontological commitment, and the boundary between semantic issues and metaphysics proper.