Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication (...) technologies (ICT) has created new informational concepts and issues. As a result, the analytic epistemologies are increasingly challenged by alternative perspectives. One such alternative is Structural Realism (SR), which is influential among the natural sciences, and especially physics. “Informational Structural Realism,” (ISR) is a variant of SR that was introduced by Luciano Floridi. Unlike the coherentist theories, ISR promotes examination of the connections among types of information and informational structures. It is an important shift for legal theory today, since the challenges that the ICT presents have to do with pattern recognition across vast domains of diverse data. An informational jurisprudence is now required to understand the issues emerging from the ICT. (shrink)

When a person commits a testimonial injustice, the unjust thing they do consists in their reaction to an assertion (theorists diverge on the details; paradigmatically the relevant unjust thing consists in prejudicially refraining from believing the assertion). Whatever reactions to questions are analogous to these reactions to assertions, those things are "interrogative injustices". I explore some models of those things and apply them to some non-ideal cases. One of the models appeals to mental states like curiosity and wonder, telling us (...) that interrogative injustice occurs when hearers prejudicially refrain from adopting those mental states. Other models appeal to common conversational goals – these goals including the answering of questions. On these models, interrogative injustice occurs when a person asks a question, and another person prejudicially blocks the answering of that question from joining the common goals. Or, if they don’t block said answering, perhaps they believe that it should be thus blocked. Or perhaps they merely resist the question, not fully blocking its answering from joining the common goals but instead pushing back against it in some other way. Or perhaps they merely believe that they should resist the question. I endorse a pluralism on which each of these things can be an interrogative injustice. (shrink)

What is intellectual humility? In this essay, we aim to answer this question by assessing several contemporary accounts of intellectual humility, developing our own account, offering two reasons for our account, and meeting two objections and solving one puzzle.

A fascinating recent turn in epistemology focuses on inquiring attitudes like wondering and being curious. Many have argued that these attitudes are governed by norms similar to those that govern our doxastic attitudes. Yet, to date, this work has only considered norms that might *prohibit* having certain inquiring attitudes (``norms of restriction''), while ignoring those that might *require* having them (``norms of expansion''). We aim to address that omission by offering a framework that generates norms of expansion for inquiring attitudes. (...) The framework draws on inferential erotetic logic, which we explain and augment with some theorems. We explore several of the norms that it yields - some sympathetically, others unsympathetically. (shrink)

I argue that there are slurs that are distinctly derogatory insofar as they only derogate their target’s epistemic faculties or capacities qua group member. I call these slurs epistemic slurs. Given that slur theories should explain the derogatory nature of all slurs, any comprehensive slur theory should be able to explain the derogatory nature of the epistemic slurs. I argue, however, that two particular expressivist theories of slurs cannot explain their distinctive derogatory nature. The epistemic slurs thus constitute a novel (...) explanatory problem for these expressivist slur theories. Yet I argue that a semantic theory of slurs, combinatorial externalism, can explain the distinctive derogatory nature of the epistemic slurs in which case these slurs constitute a novel explanatory advantage for combinatorial externalism. Whether the epistemic slurs constitute a novel explanatory problem or advantage for any other slur theories remains to be seen. (shrink)

This paper argues that questions can be bullshit. First it explores some shallowly interrogative ways in which that can happen. Then it shows how questions can also be bullshit in a way that’s more deeply interrogative.

The issue of whether or not there are visual arguments has been an issue in informal logic and argumentation theory at least since 1996. In recent years, books, sections of prominent conferences and special journals issues have been devoted to it, thus significantly raising the profile of the debate. In this paper I will attempt to show how the views of the later Wittgenstein, particularly his views on images and the no- tion of “picturing”, can be brought to bear on (...) the question of whether there are such things as “purely visual” arguments. I shall draw on Wittgenstein’s remarks in the Blue and Brown Books and in Philosophical Investigations in order to argue that al- though visual images may occur as elements of argumentation, broadly conceived, it is a mistake to think that there are purely visual arguments, in the sense of illative moves from premises to conclusions that are conveyed by images alone, without the support or framing of words. (shrink)

This paper extends several themes from recent work on norms of assertion. It does as much by applying those themes to the speech act of asking. In particular, it argues for the view that there is a species of asking which is governed by a certain norm, a norm to the effect that one should ask a question only if one doesn’t know its answer.

This sequel to Exploring Maori Values develops the idea that humans can and need to become 'people of the land' in the Maori sense, developing a harmonious interdependence with the environment in which we live rather than continuing to dominate it. Although arising out of Maori concepts, this is a model for human life which is available to any culture.

In her 2007 paper, “Argument Has No Function” Jean Goodwin takes exception with what she calls the “explicit function claims”, arguing that not only are function-based accounts of argumentation insufficiently motivated, but they fail to ground claims to normativity. In this paper I stake out the beginnings of a functionalist answer to Goodwin.

In this paper I begin by examining Fogelin’s account of deep disagreement. My contention is that this account is so deeply flawed as to cast doubt on the possibility that such deep disagreements actually happen. Nevertheless, I contend that the notion of deep disagreement itself is a useful theoretical foil for thinking about argumentation. The second part of this paper makes this case by showing how thinking about deep disagreements from the perspective of rhetoric, Walton-style argumentation theory, computation, and normative (...) pragmatics can all yield insights that are useful no matter what one’s orientation within the study of argument. Thus, I conclude that deep disagreement –even if it were to turn out that there are no real-world occurrences of it to which we can point–is useful for theorists of argumentation. In this wise, deep disagreement poses a theoretical challenge for argumentation theory not unlike that posed by radical skepticism for traditional epistemology. (shrink)

:Recently, Allais, Hanna and others have argued that Kant is a nonconceptualist about intuition and that intuitions refer objectively, independently of the functions of the understanding. Kantian conceptualists have responded, which the nonconceptualists also cite as textual evidence for their reading) that this view conflicts with the central goal of Kant’s Transcendental Deduction: to argue that all intuitions are subject to the categories. I argue that the conceptualist reading of KrV, A 89 ff./B 122 ff. is unfounded. Further, I argue (...) that the nonconceptualists are wrong to believe that intuitions as such refer objectively and that they are mistaken about the relation between figurative synthesis and intellectual synthesis. (shrink)

While the consequences of mathematically-based software, algorithms and strategies have become ever wider and better appreciated, ethical reflection on mathematics has remained primitive. We review the somewhat disconnected suggestions of commentators in recent decades with a view to piecing together a coherent approach to ethics in mathematics. Calls for a Hippocratic Oath for mathematicians are examined and it is concluded that while lessons can be learned from the medical profession, the relation of mathematicians to those affected by their work is (...) significantly different. There is something to be learned also from the codes of conduct of cognate but professionalised quantitative disciplines such as engineering and accountancy, as well as from legal principles bearing on professional work. We conclude with recommendations that professional societies in mathematics should sponsor an (international) code of ethics, institutional mission statements for mathematicians and syllabuses of ethics courses for incorporation into mathematics degrees. (shrink)

A fascinating recent turn in epistemology focuses on inquiring attitudes like wondering and being curious. Many have argued that these attitudes are governed by norms similar to those that govern our doxastic attitudes. Yet, to date, this work has only considered norms that might prohibit having certain inquiring attitudes (“norms of restriction”), while ignoring those that might require having them (“norms of expansion”). We aim to address that omission by offering a framework that generates norms of expansion for inquiring attitudes. (...) The framework draws on inferential erotetic logic, which we explain and augment with some theorems. We explore several of the norms that it yields—some sympathetically, others unsympathetically. (shrink)

This study aims to determine the factors that may affect in constructing the contextualized learning activity sheets based on the learners’ results and the teachers’ self-assessment using a descriptive correlation research design. The findings of the study revealed that the teachers have varied levels of competence in terms of cultural knowledge and on average, they were at the Proficient level of competency. In addition, teachers’ self-assessments indicated that they strongly practiced the criteria in constructing contextualized IPED LAS. However, still at (...) the Advanced Beginner level based on the learners’ results. It can be concluded that teachers are competent in handling IPED based on their profile and cultural knowledge yet, Advance Beginners in terms of assessment skills. Teachers with higher educational qualifications improved their assessment skills. It is recommended that the regional and division IPED specialist should conduct quarterly training for teachers on the Indigenous Knowledge System and Practices (IKSP) and other IPED-related topics. Teachers may conduct indigenization mapping as part of the pedagogical strategy of handling IPED to encourage localization and indigenization of content. With the findings and results, the project ETASIP is made to aid teachers in planning for their assessment strategies. (shrink)

I argue that recent attempts to vindicate blame have failed to fully face the vengeful feelings and angry outbursts that have led to scepticism about blame’s ethical status. This paper ende...

I critically examine one central line of reasoning in Mario Caimi's book »Kant's B Deduction« (Cambridge Publishing, 2014).

This paper explores the nature of curiosity from an epistemological point of view. First it motivates this exploration by explaining why epistemologists do and should care about what curiosity is. Then it surveys the relevant literature and develops a particular approach.

Existing ethical guidelines that aim to guide the development of mental health apps tend to overemphasize the role of Western conceptual frameworks. While such frameworks have proved to be a useful first step in introducing ethics to a previously unregulated industry, the rapid global uptake of mental health apps requires thinking more deeply about the diverse populations these apps seek to serve. One way to do this is to introduce more intercultural ethical perspectives into app design and the guidelines that (...) aim to encourage best practices. In addition to this, existing ethical guidelines can also benefit from the ethical scholarship from the feminist and disability traditions, both of which highlight specific ethical considerations for vulnerable users. Rethinking the ethical responsibilities of mental health app designers through the prisms of feminism, disability studies, and intercultural philosophy leads us to a more global and inclusive set of ethical considerations in app design. This white paper explores what existing guidelines for the regulation of mental health apps are missing. It also explores how these guidelines could be improved for users who inhabit an increasingly diverse and globalized world. (shrink)

I argue that fitting resentment tracks unacceptable ‘ecological’ imbalances in relative social strength between victims and perpetrators that arise from violations of legitimate moral expectations. It does not respond purely, or even primarily, to offenders’ attitudes, and its proper targets need not be fully developed moral agents. It characteristically involves a wish for the restoration of social equilibrium rather than a demand for moral recognition or good will. To illuminate these contentions, I focus on cases that I believe demonstrate a (...) corollary thesis, namely, that strength, broadly construed, is a necessary condition of resentment-worthiness. I argue that weakness can make resentment unfitting in two ways. First, weakness may prevent a wrongdoer from shifting the balance of social power. Second, a weak wrongdoer may do social damage but be so lowly that resentment, which would represent him as excessively strong, would be inapt. Finally, I consider how accepting the ecological view might affect our theorizing about moral responsibility and the ethics of blame. (shrink)

Abstract: Contemporary analytic philosophers of the “reactive attitudes” tend to share a simple conception of guilt as “self-directed blame”—roughly, an “unpleasant affect” felt in combination with, or in response to, the thought that one has violated a moral requirement, evinced substandard “quality of will,” or is blameworthy. I believe that this simple conception is inadequate. As an alternative, I offer my own theory of guilt’s logic and its connection to morality. In doing so, I attempt to articulate guilt’s defining thought (...) or proposition through an extended investigation and analysis of guilt’s many competing metaphors, which I trace from the Hebrew Bible to the New Testament to Shakespeare to contemporary vernacular. My interpretation of this literary genealogy offers a way to understand guilt’s seemingly disparate metaphors in terms of a single master-image that illuminates our self-conceptions and our relationship to morality. I conclude by making a very brief start toward a moral vindication of guilt against the backdrop of Nietzschean and Freudian analyses that explicitly call guilt’s place in a healthy social and personal life into question. I suggest that once guilt’s logic is made explicit, we can see that it makes sense of, honors, and addresses some of our deepest aspirations and needs. (shrink)

This article critically examines numerous attempts to build a knowledge-first ethics of belief. These theories specify a number of potential "knowledge norms for belief".

I start with a critical discussion of some attempts to ground epistemic normativity in curiosity. Then I develop three positive proposals. The first of these proposals is more or less purely philosophical; the second two reside at the interdisciplinary borderline between philosophy and psychology. The proposals are independent and rooted in different literatures. Readers uninterested in the first proposal (and the critical discussion preceding it) may nonetheless be interested in the second two proposals, and vice versa. -/- The proposals are (...) as follows. First I argue that, among several ways in which the notion of curiosity might be used to delineate significant truths from trivial ones, a particular way is the most promising. Second, I argue that curiosity has some underappreciated epistemic roles involving memory. Third, I argue that curiosity has some underappreciated epistemic roles involving coherence. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...) a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

Recent years have seen the rise of ‘Just Culture’ as an ideal in the patient safety movement, with numerous hospitals and professional organisations adopting a Just Culture response to incidents ranging from non-culpable human error to intentional misconduct. This paper argues that there is a deep problem with the Just Culture model, resulting from its impoverished understanding of the value of punitive, fundamentally backward-looking, practices of holding people accountable. I show that the kind of ‘accountability’ and ‘punishment’ contemporary Just Culture (...) advocates endorse disrespects both patients and providers. I claim, first, that punishment is good because it respects participants in the healthcare system by restoring an equilibrium of social and moral status that wrongdoing disturbs, and, second, that it only does so when it communicates a backward-looking message of resentful blame. (shrink)

Talk at University of Turin, 'Kant, oltre Kant, May 5th 2023. --- -/- It is useful, while keeping in mind a holistic approach, to concentrate on a common theme in Kant’s text, which it will turn out is the quintessential element of his novel ‘way of thinking’, as he himself put it in preface of the second edition of the Critique of Pure Reason. This common theme is the idea of synthesis, which is what holds together, and is the entryway (...) to, all the other familiar aspects of Kant’s thought: his concept of self-consciousness or how mind is involved in cognition, his ideas about the role of the imagination, his theory of knowledge and his metaphysics of experience, and not unimportantly, its relation to what is probably the most Kantian element here: the categories of the understanding as the first principles of knowledge. But the meaning of synthesis and its role in its various facets, though frequently the subject of discussion in papers and monographs alike, is hardly understood in contemporary Kant scholarship. Most readings of the text of the Deduction, the part in which Kant elucidates his concept of synthesis, exhibit a shallow, mechanical understanding of it. -/- A compounding factor is that synthesis can’t really be understood independently of the other aforementioned elements of Kant’s thought. Grasping the meaning of synthesis implies coming to grips with his concept of self-consciousness and the way both self-consciousness and the categories are intricately and intimately involved. Most interpretations consider these aspects too much as if they were indeed separable faculties or entities that serve separable functions, undercutting an important feature of Kant’s metaphysics: the possibility of a priori unified cognition, for which an indivisible self-legislating subject is responsible. Rather, they are expressions of various aspects of a singular function of the mind as the ground of possible unified knowledge. -/- One striking example of such a superficial reading of the text is the way the relation between figurative synthesis and intellectual synthesis—or in the case of the A-Deduction the threefold synthesis—is standardly interpreted, as if the two are independent or quasi-independent functions of different faculties of the mind, the imagination and the understanding. In this paper, I focus on the relation between figurative and intellectual synthesis, while arguing that failing to understand this properly, indeed the relation between the imagination and the understanding, leads to a vicious regress in the explanation of the ground of knowledge, for which a priori synthesis is specifically designed. In other words, failing to see the intimate relation between the imagination and the understanding, the very identity that lies at their root, risks losing sight of the primary aim of Kant’s thought: the possibility of a priori unified knowledge. (shrink)

Contemporary philosophers of moral responsibility are in widespread agreement that we can only be blamed for actions that express, reflect, or disclose something about us or the quality of our wills. In this paper I reject that thesis and argue that self disclosure is not a necessary condition on moral responsibility and blameworthiness: reactive responses ranging from aretaic appraisals all the way to outbursts of anger and resentment can be morally justified even when the blamed agent’s action expresses or discloses (...) nothing significant about his or her “deep self,” judgments and cares, or the quality of his or her will. I argue that the self-disclosure requirement on responsibility overestimates the extent to which our blaming practices and responsibility judgments are responsive to agents as opposed to actions, and that this mistake has the potential to distort both our reactive responses and our understanding of blamed agents’ characters. (shrink)

Suppose for reductio that I know a proposition of the form <p and I don’t know p>. Then by the factivity of knowledge and the distribution of knowledge over conjunction, I both know and do not know p ; which is impossible. Propositions of the form <p and I don’t know p> are therefore unknowable. Their particular kind of unknowability has been widely discussed and applied to such issues as the realism debate. It hasn’t been much applied to theories of (...) the nature of knowledge. That is what I’m going to do here. (shrink)

Suppose that you are engaging with someone who is your oppressor, or someone who espouses a heinous view like Nazism or a ridiculous view like flat-earthism. In contexts like these, there is a disparity between you and your interlocutor, a dramatic normative difference across which you are in the right and they are in the wrong. As theorists of humility, we find these contexts puzzling. Humility seems like the *last* thing oppressed people need and the *last* thing we need in (...) dealing with those whose views are heinous or ridiculous. Responding to such people via humility seems uncalled for, even inappropriate. But how could this be, given that humility is a *virtue*? The purpose of the paper is to explore this puzzle. We explain what the puzzle is and then attempt to draw some lessons from it: first, the lesson that the importance of humility is limited in several ways, and second, the lesson that humility nonetheless has several important roles to play, even for people who are in the right in contexts of disparity. (shrink)

In this paper, I argue that the principle of respect for autonomy can serve as the basis for laws that significantly limit conduct, including orders mandating isolation and quarantine. This thesis is fundamentally at odds with an overwhelming consensus in contemporary bioethics that the principle of respect for autonomy, while important in everyday clinical encounters, must be 'curtailed', 'constrained', or 'overridden' by other principles in times of crisis. I contend that bioethicists have embraced an indefensibly 'thin' notion of autonomy that (...) uproots the concept from its foundations in Kantian ethics. According to this thin conception, respect for autonomy, if unconditioned by competing principles (beneficence, justice, non-maleficence) would give competent adults the right to do anything they desired to do so long as they satisfied certain baseline psychological conditions. I argue that the dominant 'principlist' model of bioethical reasoning depends on this thin view of autonomy and show how it deprives us of powerful analytical tools that would help us to think seriously about the foundations of human rights, justice, and law. Then, I offer a brief sketch of a 'thick', historically grounded notion of autonomy and show what we could gain by taking it seriously. (shrink)

What is the Quid Juris in Kant's Deduction? Chapter 3 from my book on the Deduction (Kant's Deduction From Apperception) provides an answer to that question, and also contains an extensive discussion of the relevant literature on this topic (Henrich, Proops, Seeberg & Longuenesse).

This paper argues that epistemologists should theorize about wisdom and critically examines a number of attempts to do as much. It then builds and argues for a particular theory of what wisdom is.

The costs of the COVID-19 pandemic are yet to be calculated, but they include the loss of millions of lives and the destruction of countless livelihoods. What is certain is that the SARS-CoV-2 virus has changed the way we live for the foreseeable future. It has forced many to live in ways they would have previously thought impossible. As well as challenging scientists and medical professionals to address urgent value conflicts in the short term, COVID-19 has raised slower-burning value questions (...) for corporations, public institutions, governments, and policymakers. In simple terms, the pandemic has brought what we care about into sharp relief, both collectively and individually. Whether this revaluation of our values will last beyond the current pandemic is unknown. Once COVID-19 has been tamed, will the desire to return to our previous lives be irresistible? Or will living under pandemic conditions have taught us something that will be incorporated into how we design our future lives and technologies? These are hard questions for the ethics of technology, which this volume aims to explore and address. (shrink)

This chapter argues that adequately facing and responding to medical error requires making space for blame. In vindicating blame as a response to medical error, this essay does not advocate a return to a “bad apple” blame culture in which unlucky practitioners are unfairly scapegoated. It does, however, defend the targeted feeling and expression of angry, and even resentful, blaming attitudes toward health-care providers who make at least certain kinds of mistakes. The chapter makes the case that the angry and (...) resentful feelings associated with blame reflect a conception of oneself as a person worthy of consideration, and that expressing these feelings allows victims and families to fight for their dignity and self-respect. Along the way, it distinguishes between shaming and blaming, explaining that blaming, unlike shaming, characteristically aims to draw offenders into a moral dialogue. As a result, a good blaming practice can provide a logic within which providers who make costly errors may seek forgiveness, reconciliation, and healing. (shrink)

talk Oslo-Kant congress. In this paper, I explain why for Kant self-consciousness is intimately related to objectivity, how this intimacy translates to real objects, what it means to make judgements about objects, and what idealism has got to do with all of this.

Shared intentions supporting cooperation and other social practices are often used to describe human social life but not the social lives of nonhuman animals. This difference in description is supported by a lack of evidence for rebuke or stakeholding during collaboration in nonhuman animals. We suggest that rebuke and stakeholding are just two examples of the many and varied forms of social maintenance that can support shared intentions. Drawing on insights about mindshaping in social cognition, we show how apes can (...) be stakeholders of a different sort in joint action. Drawing on pluralistic social maintenance methods of behavior enforcement, we show ape joint action can be supported by different forms of positive and negative social pressures, and not just protest. We explain how diverse relationships, contexts, social structures, and forms of communication may play a role in forming and successfully fulfilling joint commitments for humans, great apes, and other animals. (shrink)

In this paper, I reflect on the idea, hinted at by Kant in a footnote to §16 of the B- Deduction that is not often discussed (KrV B 134n.), that transcendental logic is the ground of logic as a whole. This has important repercussions for the way we should see the role of transcendental logic with respect to the question of truth as well as the nature and scope of transcendental logic in relation to cognition, and in relation to general (...) or formal logic as such. To illustrate one of the ways in which transcendental logic is fundamental to our way of thinking, I address an issue that is brought up by Kant’’s counterfactual claim at B 132 that if a representation is not accompanied by an ‘‘I’’ thought, it is ‘‘either impossible’’ or at least ‘‘nothing for me’’, suggesting to some recent commentators that by the former Kant means the impossibility of thinking contradictory thoughts. Unlike these commentators, I do not think Kant is saying here that we cannot think contradictory thoughts. To believe he is betrays a misunderstanding of the metaphysical nature of transcendental logic, or so I shall argue. It is because transcen- dental logic is a metaphysical logic that Kant can claim that transcendental logic grounds even the whole of logic, including the possibility of thinking contradictory thoughts. (shrink)

They say that argumentative writing skills are best learned through writing argumentative essays. I say that while this is excellent practice for argumentative writing, an important exercise to practice structuring such essays and build critical thinking skills simultaneously is what I call the four-sentence paper. The exercise has the template They say..., I say..., one might object..., I reply... One might object that the assignment oversimplifies argumentative writing, stifles creativity, promotes an adversarial attitude, or that students can’t consider objections well (...) anyway. I reply that a simplified form of argumentative writing is fine for beginners, especially since the template is ubiquitous in philosophy; that any assignment template has room for creativity; that considering objections is consistent with good manners; and that despite some pitfalls of trying to defend a thesis and consider objections, students are capable of considering objections well with proper instruction and practice. (shrink)

In this paper, we argue that providers who conscientiously refuse to provide legal and professionally accepted medical care are not always morally required to refer their patients to willing providers. Indeed, we will argue that refusing to refer is morally admirable in certain instances. In making the case, we show that belief in a sweeping moral duty to refer depends on an implicit assumption that the procedures sanctioned by legal and professional norms are ethically permissible. Focusing on examples of female (...) genital cutting, clitoridectomy and ‘normalizing’ surgery for children with intersex traits, we argue that this assumption is untenable and that providers are not morally required to refer when refusing to perform genuinely unethical procedures. The fact that acceptance of our thesis would force us to face the challenge of distinguishing between ethical and unethical medical practices is a virtue. This is the central task of medical ethics, and we must confront it rather than evade it. There are no data in this work. (shrink)

This is an essay on Kant's neglected late tract On a Recently Adopted Prominent Tone in Philosophy (RTP) and Derrida's oblique commentary on this work in his D'un ton apocalyptique adopté naguère en philosophie. The theme of the essay is metaphilosophical and considers issues concerning the nature of critical philosophy, fanaticism (Schwärmerei), and the use of religious tropes in philosophy. I am primarily interested in the ways in which RTP thematises the legitimacy of speaking in an exalted, quasi-religious tone apropos (...) of the authority of Reason as a self-legitimising capacity in philosophical speech. An important additional reason for taking a closer look at this text is because the late Jacques Derrida (1930–2004) took a great interest in this work of Kant’s and, indeed, emphasised, rightly I think, that despite its prima facie rhetorically charged, polemical nature this work—which might at first be taken to be merely a lampoon—is anything but insignificant in Kant’s œuvre. Derrida’s On a Recently Adopted Apocalyptic Tone in Philosophy, originally published in 1983, is an oblique commentary on Kant’s RTP, and aims to expose to view the alleged hidden underpinnings of Kant’s polemic against exaltation or fanaticism (Schwärmerei) in philosophy. Derrida tries to show that Kant’s appeal for tonal moderation in philosophy, for a measured speech, which should rein in exalted modes of speech, is itself not neutral and rather fundamentally biased against an exalted, quasi-religious, manner of thought. It is evident that, as he himself notes early on in RTP, Kant is predisposed towards a more Aristotelian, academic kind of philosophy, which adopts a “proper” tone or pitch in philosophical debate, but Derrida claims that Kant himself raises his voice precisely in lampooning exalted thinkers. I am particularly interested in the extent to which Derrida’s critique manifests a fundamental misapprehension of the Kantian mode of moderating critique. By expounding this misapprehension, Kant’s own reasons for his philippic against religious or quasi-religious talk in philosophy are foregrounded, thus showing the nature of properly critical thought. At the same time, I shall show how Derrida underestimates the self-reflexivity, and hence properly critical, self-authorising mode of thinking, underlying his own oblique references to the adieu as a trope for quasi-transcendental intentionality towards the so-called ‘Other’. (shrink)

This is the introduction to the volume Kantian Nonconceptualism (Palgrave 2016).

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...) about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

This Open Access book shows how value sensitive design (VSD), responsible innovation, and comprehensive engineering can guide the rapid development of technological responses to the COVID-19 crisis. Responding to the ethical challenges of data-driven technologies and other tools requires thinking about values in the context of a pandemic as well as in a post-COVID world. Instilling values must be prioritized from the beginning, not only in the emergency response to the pandemic, but in how to proceed with new societal precedents (...) materializing, new norms of health surveillance, and new public health requirements. -/- The contributors with expertise in VSD bridge the gap between ethical acceptability and social acceptance. By addressing ethical acceptability and societal acceptance together, VSD guides COVID-technologies in a way that strengthens their ability to fight the virus, and outlines pathways for the resolution of moral dilemmas. This volume provides diachronic reflections on the crisis response to address long-term moral consequences in light of the post-pandemic future. Both contact-tracing apps and immunity passports must work in a multi-system environment, and will be required to succeed alongside institutions, incentive structures, regulatory bodies, and current legislation. This text appeals to students, researchers and importantly, professionals in the field. (shrink)