Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby failing to explore the limits (...) of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

This essay explores a conception of responsibility at work in moral and criminal responsibility. Our conception draws on work in the compatibilist tradition that focuses on the choices of agents who are reasons-responsive and work in criminal jurisprudence that understands responsibility in terms of the choices of agents who have capacities for practical reason and whose situation affords them the fair opportunity to avoid wrongdoing. Our conception brings together the dimensions of normative competence and situational control, and we factor normative (...) competence into cognitive and volitional capacities, which we treat as equally important to normative competence and responsibility. Normative competence and situational control can and should be understood as expressing a common concern that blame and punishment presuppose that the agent had a fair opportunity to avoid wrongdoing. This fair opportunity is the umbrella concept in our understanding of responsibility, one that explains it distinctive architecture. (shrink)

This paper explores an initially attractive principle connecting beliefs in general with beliefs about what beliefs are rational. The principle turns out to be violated by intuitively rational beliefs in some situations. The paper lays out some options for reacting to this fact.

The idea that incompatibilism is intuitive is one of the key motivators for incompatibilism. Not surprisingly, then philosophers who defend incompatibilism often claim that incompatibilism is the natural, commonsense view about free will and moral responsibility (e.g., Pereboom 2001, Kane Journal of Philosophy 96:217–240 1999, Strawson 1986). And a number of recent studies find that people give apparently incompatibilist responses in vignette studies. When participants are presented with a description of a causal deterministic universe, they tend to deny that people (...) are morally responsible in that universe. Although this suggests that people are intuitive incompatibilists, Eddy Nahmias and Dylan Murray, in a recent series of important papers, have developed an important challenge to this interpretation. They argue that people confuse determinism with bypassing, the idea that one’s mental states lack causal efficacy. Murray and Nahmias present new experiments that seem to confirm the bypassing hypothesis. In this paper, we use structural equation modeling to re-examine the issue. We find support instead for an incompatibilist explanation of the bypassing results, i.e., incompatibilist judgments seem to cause bypassing judgments. We hypothesize that this phenomenon occurs because people think of decisions as essentially indeterministic; thus, when confronted with a description of determinism they tend to think that decisions do not even occur. We provide evidence for this in three subsequent studies which show that many participants deny that people make decisions in a deterministic universe; by contrast, most participants tend to allow that people add numbers in a deterministic universe. Together, these studies suggest that bypassing results don’t reflect a confusion, but rather the depth of the incompatibilist intuition. (shrink)

Formally-inclined epistemologists often theorize about ideally rational agents--agents who exemplify rational ideals, such as probabilistic coherence, that human beings could never fully realize. This approach can be defended against the well-know worry that abstracting from human cognitive imperfections deprives the approach of interest. But a different worry arises when we ask what an ideal agent should believe about her own cognitive perfection (even an agent who is in fact cognitively perfect might, it would seem, be uncertain of this fact). Consideration (...) of this question reveals an interesting feature of the structure of our epistemic ideals: for agents with limited information, our epistemic ideals turn out to conflict with one another. (shrink)

When do the folk think that material objects persist? Many metaphysicians have wanted a view which fits with folk intuitions, yet there is little agreement about what the folk intuit. I provide a range of empirical evidence which suggests that the folk operate with a teleological view of persistence: the folk tend to intuit that a material object survives alterations when its function is preserved. Given that the folk operate with a teleological view of persistence, I argue for a debunking (...) explanation of folk intuitions, concluding that metaphysicians should dismiss folk intuitions as tied into a benighted view of nature. (shrink)

Recently, John Fischer has applied Frankfurt’s well-known counter-example to the principle of alternate possibilities to refute the traditional libertarian position which holds that a necessary condition for an agent’s decision (choice) to be free in the sense of freedom required for moral responsibility is that the decision not be causally determined, and that the agent could have avoided making it. Fischer’s argument has consequently led various philosophers to develop libertarian accounts of freedom which try to dispense with the avoidability constraint (...) on freedom. My purpose in this article is to show that Fischer’s attack on traditional libertarianism fails, and, therefore, it is premature to abandon that position. (shrink)

Actualists of a certain stripe—dispositionalists—hold that metaphysical modality is grounded in the powers of actual things. Roughly: p is possible iff something has, or some things have, the power to bring it about that p. Extant critiques of dispositionalism focus on its material adequacy, and question whether there are enough powers to account for all the possibilities we intuitively want to countenance. For instance, it seems possible that none of the actual contingent particulars ever existed, but it is impossible to (...) explain this by appealing to the powers of some actual thing or things to bring it about. I argue instead that dispositionalism, in the simple form championed by its proponents, is formally inadequate. Dispositionalists interpret the modal operators as simple existential claims about powers, but if we interpret the operators that way, the resulting system of modal logic is too weak to capture metaphysical modality. I argue that we can modify the standard dispositionalist interpretations of the operators to secure formal adequacy, but at the cost of accepting that not all modality is grounded in powers. This, I shall suggest, is not a bad thing—the resulting theory still has powers at its core and has certain attractive features, in addition to formal adequacy, that the standard theory lacks. (shrink)

This paper critically examines color relationalism and color relativism, two theories of color that are allegedly supported by variation in normal human color vision. We mostly discuss color relationalism, defended at length in Jonathan Cohen's The Red and the Real, and argue that the theory has insuperable problems.

People suffering from severe monothematic delusions, such as Capgras, Fregoli, or Cotard patients, regularly assert extraordinary and unlikely things. For example, some say that their loved ones have been replaced by impostors. A popular view in philosophy and cognitive science is that such monothematic delusions aren't beliefs because they don't guide behaviour and affect in the way that beliefs do. Or, if they are beliefs, they are somehow anomalous, atypical, or marginal beliefs. We present evidence from five studies that folk (...) psychology unambiguously views monothematic delusions as stereotypical beliefs. This calls into question widespread assumptions in the professional literature about belief's stereotypical functional profile. We also show that folk psychology views delusional patients as holding contradictory beliefs. And we show that frequent assertion is a powerful cue to belief ascription, more powerful than even a robust and consistent track record of non-verbal behaviour. (shrink)

This paper consider Prior's connective Tonk from a particular bilateralist perspective. I show that there is a natural perspective from which we can see Tonk and its ilk as perfectly well-defined pieces of vocabulary; there is no need for restrictions to bar things like Tonk.

Some analytic philosophers have recently been defending the thesis that there’s “something it’s like” to consciously think a particular thought, which is qualitatively different from what it’s like to be in any other kind of conscious mental state and from what it’s like to think any other thought, and which constitutes the thought’s intentional content. (I call this the “intentional phenomenology thesis”). One objection to this thesis concerns the introspective availability of such content: If it is true that intentional phenomenology (...) is constitutive of intentional content, and that conscious phenomenology is always introspectively available, then it ought to be true that the content of any concept consciously entertained is always introspectively available. But it is not. For example, one can know introspectively that one is thinking that one knows that p without knowing introspectively what the content of the concept of knowledge is. Hence, it cannot be that intentional content is constituted by cognitive phenomenology. -/- I explore three responses to this objection. First, it is not clear that all of the contents of consciousness must be equally available to introspection. The capacities for conscious experience and introspective attention to it are distinct. It is not implausible that the resolving power of the latter might be insufficient to discern all of the fine-grained details of the former, or that its scope might be limited. Second, it is possible that in cases of incomplete accessibility one is entertaining only part of the concept the relevant term expresses in one’s language. In the knowledge case, for example, perhaps one is thinking only that one has justified true belief that p (one’s self-attribution of a thought about knowledge is in fact false). Finally, in such cases one might be consciously entertaining only part of the relevant concept, the rest remaining unconscious, and so unavailable to conscious introspection. I conclude that the objection is not decisive against the intentional phenomenology thesis. (shrink)

The aim of this article is to show that externalist accounts of cognition such as Clark and Chalmers' (1998) “active externalism” lead to an explosion of knowledge that is caused by online resources such as Wikipedia and Google. I argue that externalist accounts of cognition imply that subjects who integrate mobile Internet access in their cognitive routines have millions of standing beliefs on unexpected issues such as the birth dates of Moroccan politicians or the geographical coordinates of villages in southern (...) Indonesia. Although many externalists propose criteria for the bounds of cognition that are designed to avoid this explosion of knowledge, I argue that these criteria are flawed and that active externalism has to accept that information resources such as Wikipedia and Google constitute extended cognitive processes. (shrink)

Abstract creationism about fictional characters is the view that fictional characters are abstract objects that authors create. I defend this view against criticisms from Stuart Brock that hitherto have not been adequately countered. The discussion sheds light on how the number of fictional characters depends on authorial intention. I conclude also that we should change how we think intentions are connected to artifacts more generally, both abstract and concrete.

Philosophical accounts of the nature of belief, at least in the western tradition, are framed in large part by two ideas. One is that believing is a form of representing. The other is that a belief plays a causal role when a person acts on it. The standard picture of belief as a mental entity with representational properties and causal powers merges these two ideas. We are to think of beliefs as things that are true or false and that interact (...) with desires, intentions, and emotions to bring about rational action. Both ideas, I think, are ill-founded. One effect of abandoning them is a further blurring of the distinction between what is inside and what is outside our minds. Another is a shift towards a less mentalistic picture of the roots of rational action. (shrink)

The theory of embodied cognition can provide HCI practitioners and theorists with new ideas about interac-tion and new principles for better designs. I support this claim with four ideas about cognition: (1) interacting with tools changes the way we think and perceive – tools, when manipulated, are soon absorbed into the body schema, and this absorption leads to fundamental changes in the way we perceive and conceive of our environments; (2) we think with our bodies not just with our brains; (...) (3) we know more by doing than by seeing – there are times when physically performing an activity is better than watching someone else perform the activity, even though our motor resonance system fires strongly during other person observa-tion; (4) there are times when we literally think with things. These four ideas have major implications for interaction design, especially the design of tangible, physical, context aware, and telepresence systems. (shrink)

In this paper, we present three necessary conditions for morally responsible animal research that we believe people on both sides of this debate can accept. Specifically, we argue that, even if human beings have higher moral status than nonhuman animals, animal research is morally permissible only if it satisfies (a) an expectation of sufficient net benefit, (b) a worthwhile-life condition, and (c) a no unnecessary-harm/qualified-basic-needs condition. We then claim that, whether or not these necessary conditions are jointly sufficient conditions of (...) justified animal research, they are relatively demanding with the consequence that many animal experiments may fail to satisfy them. (shrink)

Why study notations, diagrams, or more broadly the variety of nonverbal “representations” or “signs” that are used in mathematical practice? This chapter maps out recent work on the topic by distinguishing three main philosophical motivations for doing so. First, some work (like that on diagrammatic reasoning) studies signs to recover norms of informal or historical mathematical practices that would get lost if the particular signs that these practices rely on were translated away; work in this vein has the potential to (...) broaden our view of the specific normativity of mathematics beyond logical proof. Second, some work focuses on signs to highlight the open-ended and “nonrigorous” aspects of mathematical practice, and the role of these aspects in the historical development of mathematics. The third motivation is based on the following observation: the reason differences in signs matter in mathematics is that humans are finite agents, with cognitive and computational limitations. Accordingly, studying signs can be a way to study how human computational constraints shape the mathematics that we do, and to tackle the topic of mathematical understanding. (shrink)

The situationist literature in psychology claims that conduct is not determined by character and reflects the operation of the agent’s situation or environment. For instance, due to situational factors, compassionate behavior is much less common than we might have expected from people we believe to be compassionate. This article focuses on whether situationism should revise our beliefs about moral responsibility. It assesses situationism’s implications against the backdrop of a conception of responsibility that is grounded in norms about the fair opportunity (...) to avoid wrongdoing that require that agents be normatively competent and possess situational control. Despite the low incidence of compassionate behavior revealed in situationist studies, situationism threatens neither situational control nor normative competence. Nonetheless situationism may force revision in our views about responsibility in particular contexts, such as wartime wrongdoing. Whereas a good case can be made that the heat of battle can create situational pressures that significantly impair normative competence and thus sometimes provide a full or partial excuse, there is reason to be skeptical of attempts to generalize this excuse to other contexts of wartime wrongdoing. If so, moral responsibility can take situationism on board without capsizing the boat. (shrink)

In this paper I consider whether a powers ontology facilitates a reduction of causal relations to intrinsic powers of the causal relata. I first argue that there is a tension in the view that powerful causation is an internal relation in this sense. Powers are ontologically dependent on other powers for their individuation, but in that case—given an Aristotelian conception of properties as immanent universals—powers will not be intrinsic on several extant analyses of ‘intrinsic’, since to possess a given power (...) P requires the existence of other concrete particulars as bearers of the powers that individuate P. I suggest several ways for Aristotelians to resolve this tension, but all tenable options involve individuative type-level causal relations between powers. While these individuative relations between powers are internal in the sense that the powers are essentially related, this is a different sense of ‘ internal ’ to the one that entails reducibility. The proposed reduction of token-causal relations to powers succeeds only at the cost of irreducible type-level causal relations between the powers themselves. (shrink)

First published in 1990, _Existentialism_ is widely regarded as a classic introductory survey of the topic, and has helped to renew interest in existentialist philosophy. The author places existentialism within the great traditions of philosophy, and argues that it deserves as much attention from analytic philosophers as it has always received on the continent.

The central objective of Dewey’s Democracy and Education is to explain ‘what is needed to live a meaningful life and how can education contribute?’ While most acquainted with Dewey’s educational philosophy know that ‘experience’ plays a central role, the role of ‘situations’ may be less familiar or understood. This essay explains why ‘situation’ is inseparable from ‘experience’ and deeply important to Democracy and Education’s educational methods and rationales. First, a prefatory section explores how experience is invoked and involved in pedagogical (...) practice, especially experience insofar as it is (a) experimental, (b) direct, and (c) social-moral in character. The second and main section on situations follows. After a brief introduction to Dewey’s special philosophical use of ‘situation’, I examine how situations are implicated in (a) student interest and motivation; (b) ‘aims’ and ‘criteria’ in problem-solving; and (c) moral education (habits, values, and judgements). What should become abundantly clear from these examinations is that there could be no such thing as meaningful education, as Dewey understood it, without educators’ conscious, intentional, and imaginative deployment of experience and situations. (shrink)

I discuss Gheaus's (2013) argument against the claim that the requirements of justice are not constrained by feasibility concerns. I show that the general strategy exemplified by this argument is not only dialectically puzzling, but also imposes a heavy cost on theories of justice -- puzzling because it simply sidesteps a presupposition of any plausible formulation of the so-called "feasibility requirement"; costly because it it deprives justice of its normative implications for action. I also show that Gheaus's attempt to recover (...) this normative force presupposes an epistemic dimension to the feasibility requirement that most proponents of that requirement would reject. (shrink)

There is much philosophical literature on the duty to rescue. Individuals who encounter and could save, at relatively little cost to themselves, a person at risk of losing life or limb are morally obligated to do so. Yet little has been said about the other side of the issue. There are cases in which the need for rescue could have been reasonably avoided by the rescuee. We argue for a duty to take rescue precautions, providing an account of the circumstances (...) in which it arises. This novel duty has important implications for public policy. We apply it to the situation of some of the uninsured in the United States. Given the US clinician's duty to provide emergency care to all people regardless of ability to pay, some of the uninsured have a moral duty to purchase health insurance. We defend the duty against objections, including the possibility that a right to rescue can be waived, thus undermining a duty to take rescue precautions, that the duty of many professionals is voluntarily incurred, and that a distinction between actively assumed and passively assumed risks matters morally. (shrink)

The 'completeness of physics' is the key premise in the causal argument for physicalism. Standard formulations of it fail to rule out emergent downwards causation. I argue that it must do this if it is tare in a valid causal argument for physicalism. Drawing on the notion of conferring causal power, I formulate a suitable principle, 'strong completeness'. I investigate the metaphysical implications of distinguishing this principle from emergent downwards causation, and I argue that categoricalist accounts of properties are better (...) equipped to sustain the distinction than dispositional essentialist accounts. Finally, I argue that the additional evidence needed for strong completeness renders the causal argument otiose for any properties amenable to scientific reduction. (shrink)

Suppose Alice asserts p, and the Caterpillar wants to disagree. If the Caterpillar accepts classical logic, he has an easy way to indicate this disagreement: he can simply assert ¬p. Sometimes, though, things are not so easy. For example, suppose the Cheshire Cat is a paracompletist who thinks that p ∨ ¬p fails (in familiar (if possibly misleading) language, the Cheshire Cat thinks p is a gap). Then he surely disagrees with Alice's assertion of p, but should himself be unwilling (...) to assert ¬p. So he cannot simply use the classical solution. Dually, suppose the Mad Hatter is a dialetheist who thinks that p ∧ ¬p holds (that is, he thinks p is a glut). Then he may assert ¬p, but it should not be taken to indicate that he disagrees with Alice; he doesn't. So he too can't use the classical solution. The Cheshire Cat and the Mad Hatter, then, have a common problem, and philosophers with opinions like theirs have adopted a common solution to this problem: appeal to denial. Denial, these philosophers suppose, is a speech act like assertion, but it is not to be understood as in any way reducing to assertion. Importantly, denial is something different from the assertion of a negation; this is what allows it to work even in cases where assertion of negation does not. Just as importantly, denial must express disagreement, since this is the job it's being enlisted to do. (shrink)

For Charles Peirce, the project of inquiry is a social one. Though inquiry, the passage from genuine doubt to settled belief, can be described on the individual level, its significance as a human activity is manifested in collective action. For any individual, Truth transcends experience and inquiry. But it does not transcend experience and inquiry altogether: is a fixed limit, an ideal, towards which a properly functioning community converges. What, in principle, makes the cohesion of such a community possible? Why (...) did Peirce believe that convergence towards an ultimate conclusion was the necessary end of unlimited scientific inquiry? This essay examines Peirce's notion of community to answer these questions and suggests that the presence of genuine doubt not only makes convergence possible, but also constitutes the starting point for almost all inquiry. The exception is philosophical inquiry. (shrink)

Suppose justice depends on some very unlikely good behavior. In that case the true (or correct, or best) theory of justice might have no practical value. But then, what good would it be? I consider analogies with science and mathematics in order to test various ways of tying their the value of intellectual work to practice, though I argue that these fail. If their value, or that of some political theory, is not practical then what is good about them? As (...) for political theory, I consider the question of what would even count as an answer to this question, and I conclude with the tentative proposal that it is valuable to come to understand something that is, itself, important. (shrink)

This is a contribution to an Author Meets Critics special issue on John Martin Fischer's _Our Fate: Essays on God and Free Will_.

This paper presents the Spanish translation of the only two texts of Franz Brentano which deal specifically with St. Thomas Aquinas. The first text is a section about St. Albert the Great and Aquinas in an article published during Brentano’s youth, “The History of Ecclesiastical Sciences” (1867). The second text is an article, “Thomas Aquinas” (1908), written at the end of his life. Both texts reveal the immense value that Brentano saw in Aquinas. They also show that he regarded Aquinas (...) mainly as an important interpreter of Aristotle rather than as a philosopher in his own right. Brentano’s approach here also gives us some insight into his own conception of philosophical hermeneutics. The differences between the two texts are evident; for instance, in the second one, there is a Brentano’s manipulation of Aquinas’ thought to justify his leaving the Catholic Faith. The texts are also preceded by a little introduction of mine. Original titles: «Geschichte der kirchlichen Wissenschaften», in: Johann Adam Möhler (ed.), 'Kirchengeschichte', Band 2 (Regensburg: Manz, 1867), pp. 550-556 and «Thomas von Aquin», 'Neue Freie Presse' 15683 (18/4/1908): 1-5. (shrink)

This paper argues that explicit reading instruction should be part of lower level undergraduate philosophy courses. Specifically, the paper makes the claim that it is necessary to provide the student with both the relevant background knowledge about a philosophical work and certain metacognitive skills (e.g. their ability to reflect on the learning process) that enrich the reading process and their ability to organize the content of a philosophical text with other aspects of knowledge. A “How to Read Philosophy” handout and (...) student reactions to the handout are provided. (shrink)

This paper discusses the so-called non-interference assumption (NIA) grounding causal inference in trials in both medicine and the social sciences. It states that for each participant in the experiment, the value of the potential outcome depends only upon whether she or he gets the treatment. Drawing on methodological discussion in clinical trials and laboratory experiments in economics, I defend the necessity of partial forms of blinding as a warrant of the NIA, to control the participants’ expectations and their strategic interactions (...) with the experimenter. (shrink)

Overview of challenges facing philosophical analyses of experience in the face of life with constant connection, social media, and data mining.

This paper consists in the Spanish translation of a manuscript by Franz Brentano, where he deals with “The Method of Study of Aristotle and, More Generally, the Method of Historical Research in Philosophical Field”. In these pages, Brentano challenges the Aristotelian studies of his time by criticizing the approach followed by E. Zeller and other scholars. Meanwhile, he suggests some hermeneutical rules in order to interpret Aristotle in the right way. The core of his proposal is the use of philosophical (...) hermeneutics, that is, the interpreter should philosophize following the Aristotelian arguments, like the Peripatetics used to do. In his introduction to the text by Brentano, the Spanish translator also recommends a new chronology for the manuscript, i.e. not much later than 1883. Complete title: «Franz Brentano: Sobre el método en los estudios aristotélicos y sobre el método de la investigación histórica en ámbito filosófico en general». Original title: Franz Brentano, «Zur Methode aristotelischen Studien, und zur Methode geschichtlicher Forschung auf philosophischem Gebiet überhaupt», in: 'Über Aristoteles. Nachgelassene Aufsätze', edited by Rolf George, Hamburg: Meiner, 1986, pp. 7-20. (shrink)

I argue that the technique Socrates describes in the Meno at 86e-87c allows him to make progress without definitions, even while accepting that definitions are necessary for knowledge. Some contend that the technique involves provisionally accepting a claim. I argue, instead, that it provides a secure biconditional that one can use to reduce the question one cares care about to a new question that one thinks will be easier to answer.

I claim that, in the Topics, Aristotle advises dialectical questioners to intentionally argue fallaciously in order to escape from some dialectically awkward positions, and I work through the consequences of that claim. It will turn out that, although there are important exceptions, the techniques for finding arguments described in Topics I–VII are, by and large, locations that Aristotle thought of as appropriate for use in philosophical inquiry. The text that grounds this claim, however, raises a further problem: it highlights the (...) solitary nature of philosophical inquiry, which puts into question the philosophical relevance of Topics VIII. I find that the Topics provides inadequate grounds for thinking that Aristotle saw Topics VIII as describing standards or techniques of argument that were appropriate for philosophy, and so these texts cannot be used by contemporary commentators to shed light on Aristotle's philosophical practice. Finally, although Aristotle saw philosophy as a solitary activity, he th.. (shrink)

I BELIEVE THAT the intellectual capacity of women is on the whole inferior to that of men. By "on the whole," I do not mean just "on the average"; though I do mean that much. My belief is, if you take any degree of intellectual capacity which is above the average for the human race, as a whole, then a possessor of that degree of intellectual capacity is a good deal more likely to be man than a woman.

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

There is a tension between the reasonable desire not to be judgmental of other people’s behaviour or character, and the moral necessity of making negative judgments in some cases. I sketch a way in which we might accommodate both, via an evaluation of the good of reputation and the ethics of judgment of other people’s character and behaviour. I argue that a good reputation is a highly valuable good for its bearer, akin to a property right, and not to be (...) damaged without serious reason deriving from the demands of justice and the common welfare. Rash judgment wrongfully damages reputation and is sometimes a seriously immoral act. Rashness is not merely about lack of evidence, but involves lack of charity and is to be avoided even in some cases where the evidence of bad character or action is epistemically sufficient for judgment. I argue that the desirability of a good name for its holder, whether the reputation is deserved or not, means that in all but a relatively narrow range of cases it is always wrong to think badly of someone, even if they are bad. (shrink)

The authors outline the way in which documents as social objects have evolved from their earliest forms to the electronic documents of the present day. They note that while certain features have remained consistent, processes regarding document authentication are seriously complicated by the easy reproducibility of digital entities. The authors argue that electronic documents also raise significant questions concerning the theory of ‘documentality’ advanced by Maurizio Ferraris, especially given the fact that interactive documents seem to blur the distinctions between the (...) static documents (or ‘inscriptions’) which form Ferraris’s starting point, and dynamic software processes. The authors argue further that the Ferraris view as applied to legal documents is flawed because of the fact that courts may treat contractual obligations as enduring even in spite of a complete absence of enduring inscriptions. Finally, the authors note that traces in brains, another important family of inscriptions (as Ferraris conceives them), differ significantly from genuinely documentary inscriptions by their lack of public inspectability. (shrink)

Some types of solar radiation management (SRM) research are ethically problematic because they expose persons, animals, and ecosystems to significant risks. In our earlier work, we argued for ethical norms for SRM research based on norms for biomedical research. Biomedical researchers may not conduct research on persons without their consent, but universal consent is impractical for SRM research. We argue that instead of requiring universal consent, ethical norms for SRM research require only political legitimacy in decision-making about global SRM trials. (...) Using Allen Buchanan & Robert Keohane's model of global political legitimacy, we examine several existing global institutions as possible analogues for a politically legitimate SRM decision-making body. (shrink)

Did the impartiality of clinical trials play any role in their acceptance as regulatory standards for the safety and efficacy of drugs? According to the standard account of early British trials in the 1930s and 1940s, their impartiality was just rhetorical: the public demanded fair tests and statistical devices such as randomization created an appearance of neutrality. In fact, the design of the experiment was difficult to understand and the British authorities took advantage of it to promote their own particular (...) interests. I claim that this account is based on a poorly defined concept of experimental fairness . I present an alternative approach in which a test would be impartial if it incorporates warrants of non-manipulability. With this concept, I reconstruct the history of British trials showing that they were indeed fair and this fairness played a role in their acceptance as regulatory yardsticks. (shrink)

‘The soul hypothesis’ enjoys near unanimous support in the general population. Among philosophers and scientists, however, belief in the soul is far less common. The purpose of this essay to explain why many philosophers and scientists reject the soul hypothesis and to consider what the non-existence of the soul would entail.

In this paper I offer an account of the normative dimension implicit in D. Bernoulli’s expected utility functions by means of an analysis of the juridical metaphors upon which the concept of mathematical expectation was moulded. Following a suggestion by the late E. Coumet, I show how this concept incorporated a certain standard of justice which was put in question by the St. Petersburg paradox. I contend that Bernoulli would have solved it by introducing an alternative normative criterion rather than (...) a positive model of decision making processes. (shrink)