According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the first of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the analysis of the distinction between doing and allowing harm. I explore some of the (...) most prominent attempts to analyse this distinction:. Philippa Foot’s sequence account, Warren Quinn’s action/ inaction account, and counterfactual test accounts put forward by Shelly Kagan and Jonathan Bennett. I also discuss Jeff McMahan’s account of the removal of barriers to harm. I argue that analysis of the distinction has often been made more difficult by two mistaken assumption: (1) the assumption that when an agent does or allows harm his behaviour makes the difference to whether or not the harm occurs (2) the assumption that the distinction between doing and allowing and the distinction between action and inaction are interchangeable. I suggest that Foot’s account is the most promising account of the doing/allowing distinction, but that it requires further development. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the second of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the moral status of the distinction between doing and allowing harm. I look at objections (...) to the doctrine such as James’ Rachels’ Wicked Uncle Case and Jonathan Bennett’s argument that any acceptable analysis of the distinction leaves it implausible that the distinction is morally relevant. I consider putative defences of the Doctrine from Philippa Foot and Warren Quinn. I argue that neither Foot not Quinn provides a satisfactory justification of the Doctrine of Doing and Allowing, but that the idea of self-ownership discussed by Quinn can be developed to provide a justification of the doctrine. (shrink)

I defend the Doctrine of Doing and Allowing: the claim that doing harm is harder to justify than merely allowing harm. A thing does not genuinely belong to a person unless he has special authority over it. The Doctrine of Doing and Allowing protects us against harmful imposition – against the actions or needs of another intruding on what is ours. This protection is necessary for something to genuinely belong to a person. (...) The opponent of the Doctrine must claim that nothing genuinely belongs to a person, even his own body. (shrink)

In a recent article, Xiaofei Liu seeks to defend, from the standpoint of consequentialism, the Doctrine of Doing and Allowing: DDA. While there are various conceptions of DDA, Liu understands it as the view that it is more difficult to justify doing harm than allowing harm. Liu argues that a typical harm doing involves the production of one more evil and one less good than a typical harm allowing. Thus, prima facie, it takes (...) a greater amount of good to justify doing a certain harm than it does to justify allowing that same harm. In this reply, I argue that Liu fails to show, from within a consequentialist framework, that there is an asymmetry between the evils produced by doing and allowing harm. I conclude with some brief remarks on what may establish such an asymmetry. (shrink)

Philosophers debate over the truth of the Doctrine of Doing and Allowing, the thesis that there is a morally significant difference between doing harm and merely allowing harm to happen. Deontologists tend to accept this doctrine, whereas consequentialists tend to reject it. A robust defence of this doctrine would require a conceptual distinction between doing and allowing that both matches our ordinary use of the concepts in a wide range of cases (...) and enables a justification for the alleged moral difference. In this article, I argue not only that a robust defence of this doctrine is available, but also that it is available within a consequentialist framework. (shrink)

Many philosophers display relaxed scepticism about the Doctrine of Doing and Allowing and the Doctrine of Double Effect, suspecting, without great alarm, that one or both of these Doctrines is indefensible. This relaxed scepticism is misplaced. Anyone who aims to endorse a theory of right action with Nonconsequentialist implications should accept both the DDA and the DDE. First, even to state a Nonconsequentialist theory requires drawing a distinction between respecting and promoting values. This cannot be done (...) without accepting some deontological distinction. Second, if someone is going to accept any deontological distinction she should accept either the DDE or the DDA or some replacement. Finally, anyone who accepts either the DDE or the DDA should accept both doctrines or a replacement of each. Unless both Doctrines can be defended or given a defensible replacement, any Nonconsequentialist is in trouble. (shrink)

One of the reasons why most of us feel puzzled about the problem of abortion is that we want, and do not want, to allow to the unborn child the rights that belong to adults and children. When we think of a baby about to be born it seems absurd to think that the next few minutes or even hours could make so radical a difference to its status; yet as we go back in the life of the fetus we (...) are more and more reluctant to say that this is a human being and must be treated as such. No doubt this is the deepest source of our dilemma, but it is not the only one. For we are also confused about the general question of what we may and may not do where the interests of human beings conflict. We have strong intuitions about certain cases; saying, for instance, that it is all right to raise the level of education in our country, though statistics allow us to predict that a rise in the suicide rate will follow, while it is not all right to kill the feeble-minded to aid cancer research. It is not easy, however, to see the principles involved, and one way of throwing light on the abortion issue will be by setting up parallels involving adults or children once born. So we will be able to isolate the “equal rights” issue and should be able to make some advance... (shrink)

Most theorists working on moral obligations to refugees conceive of western states as innocent bystanders with duties to aid refugees if they can do so at little cost to themselves. This paper challenges this dominant theoretical framing of global displacement by highlighting for the first time certain practices of western states in response to refugee flows such as border violence, detention, encampment and containment which may make us question whether states who engage in such practices are indeed innocent. This paper (...) provides the first normative analysis of these practices by seeking to classify them as either doing or allowing harm and invoking the fundamental moral imperative central to core common moral commitments - not to harm innocent people - to suggest that certain western states are not merely failing to aid refugees and allowing harm to come to them, but are instead responding to their calls for aid by harming them. (shrink)

The distinction between doing and allowing appears to have moral significance, but the very nature of the distinction is as yet unclear. Philippa Foot's ‘pre-existing threats’ account of the doing/allowing distinction is highly influential. According to the best version of Foot's account an agent brings about an outcome if and only if his behaviour is part of the sequence leading to that outcome. When understood in this way, Foot's account escapes objections by Warren Quinn and Jonathan (...) Bennett. However, more analysis is required to show what makes a relevant condition part of a sequence. Foot's account is promising, but incomplete. (shrink)

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department of (...) Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

Do adult children have a particular duty, or set of duties, to their aging parents? What might the normative source and content of filial obligation be? This chapter examines Kant’s duty of beneficence in The Doctrine of Virtue and the Groundwork, suggesting that at its core, performance of filial duty occurs in response to the needs of aging parents. The duty of beneficence accounts for inevitable vulnerabilities that befall human rational beings and reveals moral agents as situated in communities (...) of dependence and mutual aid. Other accounts of filial obligation, such as those based on a notion of gratitude, virtue, or friendship, generate various difficulties and fail to adequately address and emphasize four morally significant features of the adult child/ aging parent relationship. First, the relationship between adult children and their aging parents is one of dependency created by the increasing frailty and need of those parents. Second, the obligations that adult children have to aging parents take place in the context of a relationship not voluntarily assumed, but not coerced. Third, given a cultural tendency toward paternalistic care of elderly individuals, the content of filial obligation should safeguard against such treatment. Fourth, because dependency relations between adult children and aging parents can involve an immense degree of sacrifice on the part of the caretaker, an acknowledgment of duties should be accompanied by a concurrent acknowledgment of the necessary limitation of duties. Addressing these four issues is essential in offering a coherent account of the normative source, content, nature, and scope of adult children’s duty to care for their aging parents. This essay demonstrates that the Kantian duty of beneficence, when functioning as the philosophical foundation of filial obligation, allows for ample light to be shed upon and for proper analysis to take place of these four issues. (shrink)

Spinoza’s conatus doctrine, the main proposition of which claims, “[e]ach thing, to the extent it is in itself, strives [conatur] to persevere in its being” (E3p6), has been the subject of growing interest. This is understandable, for Spinoza’s psychology and ethics are based on this doctrine. In my paper I shall examine the way Spinoza argues for E3p6 in its demonstration which runs as follows: "For singular things are modes by which God’s attributes are expressed in a certain (...) and determinate way (by 1p25c), i.e. (by 1p34), things that express, in a certain and determinate way, God’s power, by which God is and acts. And no thing has anything in itself by which it can be destroyed, or which takes its existence away (by p4). On the contrary, it is opposed to everything which can take its existence away (by p5). Therefore, to the extent it can, and is in itself, it strives to persevere in its being." This argument has been severely criticized for being defective in many ways. E3p6d contains four items, E1p25c, 1p34, 3p4, and 3p5. Most often, only the two last mentioned are regarded as doing any real work in the demonstration. However, I shall argue that having a proper grasp of Spinoza’s concept of power enables us see that the demonstration’s beginning, built on E1p25c and 1p34, brings forth a certain dynamic framework in which finite things are centers of causal power, capable of producing effects in virtue of their essences. My examination of this framework shows the beginning of the demonstration to be irreplaceable: in the end, conatus is one form of power, and E1p25c and 1p34 not only bring the notion of power into play, but also inform us on how finite things’ power should be understood in the monistic system. So, I disagree with such commentators as Jonathan Bennett, Edwin Curley, Daniel Garber, Michael Della Rocca, and Richard Manning, who see Spinoza as trying to derive the conatus doctrine from E3p4 and 3p5 alone; and I agree with Alexandre Matheron, Henry Allison, and Martin Lin, who stress the importance of E1p25c and 1p34. -/- However, this still leaves us the task of reconstructing the whole derivation and showing how its various ingredients fit together. If E1p25c and 1p34 are so important, could E3p6 not be derived from them alone, as Martin Lin has argued? In other words, why are E3p4 and 3p5 needed at all? To answer these questions I shall provide an interpretation of E3p6d that explains how the argument is supposed to work. E1p25c and 1p34 say that finite things are, in essence, dynamic causers, which, in case of opposition, truly resist opposing factors with their power and do not simply cease their causal activities whenever facing obstacles; in other words, they strive against any opposition. However, this is not enough to guarantee that they could not act self-destructively or restrain their own power, which would make them incapable of self-preservation. But this would go against E3p4, “No thing can be destroyed except through an external cause,” and Spinoza uses it to claim, “no thing has anything in itself by which it can be destroyed, or which takes its existence away.” So all this allows Spinoza to hold that finite things are consistent causers, that is, entities endowed with power and, insofar they cause effects solely in virtue of their essence, they never use their power self-destructively. The significance and role of the final item in the demonstration, E3p5 (“Things are of a contrary nature, i.e., cannot be in the same subject, insofar as one can destroy the other”), still needs to be determined. Indeed, considering its content and the way it is used in the demonstration, it seems to be a surprisingly decisive ingredient in the argument. Namely, what “each thing, to the extent it is in itself,” that is, insofar as any thing is considered disregarding everything external to it, strives to preserve, is its being (esse), not simply its present state. This together with E3p5’s view of subjecthood – which I shall explicate in my paper – suggests that we should rethink what kind of “being” or “existence” is meant in E3p6. Indeed, for Spinoza, each subject has a definable essence from which, as far as the subject in question is in itself, certain properties or effects necessarily follow; consequently a subject’s full being involves not only instantiating a certain essence, but also those properties inferable from the essence-expressing definition. Thus, E3p5 is meant to bring forward that things are not merely non-self-destroyers but subjects from whose definitions properties follow; and as Spinoza thinks to have shown (by E1p25c and 1p34) that finite modifications are entities endowed with power, any subject has true power to produce the properties or effects derivable from its definition, which, Spinoza claims, implies opposing everything harmful. In other words, things exercise power as their definition states, i.e. according to their definitions, and thus bringing in the idea of things as expressers of power enables Spinoza to convert logical oppositions (of E3p5) into real ones (of E3p6). To summarize, Spinoza reasons that each true finite thing is, in itself, an expresser of power (E1p25c, 1p34) that never acts self-destructively (E3p4) but instead strives to drive itself through opponents to produce effects as they follow from the definition of the thing in question (E1p25c, 1p34, and 3p5). Therefore, “each thing, to the extent it is in itself, strives to persevere in its being.” The demonstration of E3p6 has its roots deep in Spinoza’s ontology, and since its concept of power is supposed to provide the metaphysical grounding for real opposition, the importance of E1p25c and 1p34 should not be underestimated just because Spinoza – as often happens – puts his point exceedingly briefly. Moreover, the derivation is basically valid and contains no superfluous elements. Finally, all this tells us something decisive about the meaning of Spinoza’s doctrine: according to it, things are active causers whose “power to exist and act” has conatus character in temporality, amounting not only to striving to prolong the duration of one’s actualization but also to striving to be as active or autonomous as possible, that is, to attain a state determined by the striving subject’s essence alone. (shrink)

Agent-centered constraints on harming hold that some harmful upshots of our conduct cannot be justified by its generating equal or somewhat greater benefits. In this paper I argue that all plausible theories of agent-centered constraints on harming are undermined by the likelihood that our actions will have butterfly effects, or cause cascades of changes that make the world dramatically different than it would have been. Theories that impose constraints against only intended harming or proximally caused harm have unacceptable implications for (...) choices between more and less harmful ways of securing greater goods. This leaves as plausible only theories that impose constraints against causing some unintended distal harms. But, I argue, given the distal harms our actions are likely to cause through their butterfly effects, these theories entail that any way of sustaining our lives is overwhelmingly likely to involve unjustified killing, and that we are therefore morally required either to allow ourselves to waste away or kill ourselves. (shrink)

James Sterba uses the Pauline Principle to argue that the occurrence of significant, horrendous evils is logically incompatible with the existence of a good God. The Pauline Principle states that (as a rule) one must never do evil so that good may come from it, and according to Sterba, this principle implies that God may not permit significant evils even if that permission would be necessary to secure other, greater goods. By contrast, I argue that the occurrence of significant evils (...) is logically compatible with the existence of a good God because victims of significant evils may themselves reasonably consent to their suffering. In particular, I argue that they may be able to accept their suffering if it turns out that there was no way for God to secure relevant greater goods (or prevent other, greater evils) except by way of allowing their suffering, and God also provides them with other compensating, heavenly comforts. After using this consent-based argument to address Sterba’s logical problem from evil, I briefly consider how this argument may also help address a related evidential problem from evil, which suggests that while it is possible that victims of significant evils would consent to their suffering, it is unlikely that they would do so. While I do not provide a definitive solution to this evidential problem of evil, I highlight one important example of a trade-off that God may need to make that would—along with the provision of compensating, heavenly comforts—potentially persuade victims of significant evils to consent to their suffering. Specifically, I argue that there may be a necessary trade-off that God needs to make between permitting significant evils (on the one hand) and protecting a certain, morally significant form of free will (on the other hand). (shrink)

Abortion bans have been characterized as cruel especially in not allowing exceptions for rape or incest. The article first examines one approach to morally justifying bans based on the Doctrine of Double Effect (DDE) which distinguishes morally between killing or letting die intending death versus doing so only foreseeing death. It then presents some criticisms of the implications of the DDE but also argues that what the doctrine permits helps provide a ground for the permissibility of (...) abortions even if the fetus is a person. Whether there are limits on applying this argument is also considered. In conclusion, the article considers whether and why not permitting exceptions to bans for rape and incest is cruel and whether cruelty is a ground for opposition to bans. (shrink)

Traditionally, moral philosophers have distinguished between doing and allowing harm, and have normally proceeded as if this bipartite distinction can exhaustively characterize all cases of human conduct involving harm. By contrast, cognitive scientists and psychologists studying causal judgment have investigated the concept ‘enable’ as distinct from the concept ‘cause’ and other causal terms. Empirical work on ‘enable’ and its employment has generally not focused on cases where human agents enable harm. In this paper, we present new empirical evidence (...) to support the claim that some important cases in the moral philosophical literature are best viewed as instances of enabling harm rather than doing or allowing harm. We also present evidence that enabling harm is regarded as normatively distinct from doing and allowing harm when it comes to assigning compensatory responsibility. Moral philosophers should be exploring the tripartite distinction between doing harm, allowing harm, and enabling harm, rather than simply the traditional bipartite distinction. Cognitive scientists and psychologists studying moral judgment, who have so far largely adopted the bipartite distinction in this area of research, should likewise investigate the tripartite distinction. (shrink)

Leibniz, it seems, wishes to reduce statements involving relations or extrinsic denominations to ones solely in terms of individual accidents or, respectively, intrinsic denominations. His reasons for this appear to be that relations are merely mental things (since they cannot be individual accidents) and that extrinsic denominations do not represent substances as they are on their own. Three interpretations of Leibniz''s reductionism may be distinguished: First, he allowed only monadic predicates in reducing statements (hard reductionism); second, he allowed also `implicitly (...) relational predicates'' such as `loves somebody'' (soft reductionism); third, he allowed also `explicitly relational predicates'' such as `loves Helen'' (nonreductionism). Hard reductionism is problematic with respect to Leibniz''s doctrines of universal expression and incompossibility (among other things). Nonreductionism, in turn, faces insurmountable problems with Leibniz''s doctrine of self-sufficiency and internal identification of substances, as well as with that of individual accidents. The remaining option, soft reductionism, standing between the other two interpretations, arguably avoids at least some of their problems. (shrink)

The doctrine of vicarious liability provides that an employer is vicariously or indirectly liable for all delicts or violations of the law committed by his or her employees when they are acting in the course and within the scope of their employment at the time when a delict is committed. In simple terms it is law that imposes liability on employers for the wrong doings of their employees. Some of the reasons why it has been justifiable to have this (...) doctrine in the Law of delict, is because employers have greater financial stamina to offset any losses caused by employees and employees work under the instruction of the employer just but to mention a few. (shrink)

Under the standard formulation of the Doctrine of Double Effect, an act is permissible only if it is the result of an intention to do good and not the result of an intention to do bad. Many find that this absurdly ties the act’s permissibility to the agent’s character and not to features of the act itself. In light of such criticism, some philosophers have reformulated the doctrine so that it holds that an act is permissible given that (...) it results from an intention to do good by some agent. I argue that this appeal to possible intentions to do good fails. There is no modal or moral reason to privilege intentions to do good over those to do bad, and without privileging them, this version of the Doctrine of Double Effect leads to contradiction. In many scenarios, if a possible intention to do good is considered to be sufficient for permissibility, then in that same scenario a possible intention to do bad should be sufficient for impermissibility. However, one and the same act can have both possible intentions to do good and possible intentions to do bad. Thus, the principle leads to the contradictory ruling that one and the same act is both permissible and impermissible. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

In the 1780s through the end of 1790s, Kant made various references to slavery (in its different forms) and the transatlantic slave trade in the context of his political philosophy or philosophy of right; he thereby had opportunities to speak in favor of abolitionism, which was gaining momentum in parts of Europe, or at least to articulate a normative critique of the race-based chattel slavery or Atlantic slavery and the associated slave trade qua (legalized) INSTITUTIONS; but he did neither. Why? (...) In raising and seeking an answer to this question, I am not interested in what Kant’s normative silence about the institutions of Atlantic slavery and slave trade may tell us about him as a person (for example, whether he was blinded by his own racist prejudices or whether he was affected by some kind of cognitive dissonance). Rather, I will focus on what it may tell us about certain limitations of his political philosophy, limitations that might have made it THEORETICALLY DIFFICULT for him to figure out exactly what to DO about those institutions as entrenched political realities. (shrink)

Whether Trinitarianism is coherent depends not only on whether some account of the Trinity is coherent, but on which accounts of the Trinity count as "Trinitarian." After all, Arianism and Modalism are both accounts of the Trinity, but neither counts as Trinitarian (which is why defenses of Arianism or Modalism don’t count as defenses of Trinitarianism). This raises the question, if not just any account of the Trinity counts as Trinitarian, which do? Dale Tuggy is one of very few philosophers (...) to give explicit definitions of Trinitarian (versus Unitarian) theology. But they are no mere formalities. They are essential to his central criticisms of both historical and contemporary forms of Trinitarianism. In this paper, I offer my own definitions of Trinitarian and Unitarian theology, contrast them with Tuggy’s, and argue for the superiority of my definitions to Tuggy’s. If Trinitarianism and Unitarianism are what Tuggy says they are, the outlook for Trinitarianism is bleak indeed. If they are what I say they are, Tuggy’s central objection to Trinitarianism fails. To show what is at stake in these pairs of definitions, I examine a doctrine much neglected in Analytic Theology, but central to Nicene Trinitarianism—the Monarchy of the Father. (shrink)

In Responding to Global Poverty: Harm, Responsibility, and Agency, Christian Barry and Gerhard Øverland address the two types of argument that have dominated discussion of the responsibilities of the affluent to respond to global poverty. The second type of argument appeals to ‘contribution-based responsibilities’: the affluent have a duty to do something about the plight of the global poor because they have contributed to that plight. Barry and Øverland rightly recognize that to assess contribution-based responsibility for global poverty, we need (...) to understand what it is for an agent to contribute to harm rather than merely failing to prevent it. Barry and Øverland argue that we should replace the traditional bipartite distinction doing and allowing with a bipartite distinction between doing, allowing and enabling. I argue that their discussion represents a significant contribution to this debate. However, more detail on their key ideas of ‘relevant action’ and ‘complete causal process’ is needed. Moreover, in cases involving the removal of barriers, the non-need based claims of those involved matter. (shrink)

The thesis I should like to advance in this essay is that Plato cannot and, in fact, does not adhere consistently to the doctrine that to know the good is to do the good. First, in order to display the paradoxes in the Platonic ethical system, I shall discuss the concept of the homogeneity of the good which Plato explicitly endorses. Second, by referring to Plato's practice, I shall endeavor to demonstrate that he treats the good as heterogeneous although (...) this treatment is inconsistent with his equation of knowledge with virtue. I shall use the descriptive phrase 'homogeneity of the good' to stand for that conception of the good which identifies the good exclusively with the moral good. I shall use the descriptive phrase 'heterogeneity of the good' to stand for that conception of the good which includes in the definition of good mixed pleasures or the natural good. Our understanding of the good as heterogeneous allows us to clarify many of the paradoxes present in Platonic ethics and affords us a deeper understanding of Plato. (shrink)

Aristotle’s doctrine of the mean states that each moral virtue stands opposed to two types of vice: one of excess and one of deficiency, respectively. Critics claim that some virtues—like honesty, fair-mindedness, and patience—are counterexamples to Aristotle’s doctrine. Here, I develop a generalizable strategy to defend the doctrine of the mean against such counterexamples. I argue that not only is the doctrine of the mean defensible, but taking it seriously also allows us to gain substantial insight (...) into particular virtues. Failure to take the doctrine seriously, moreover, exposes us to the risk of mistaking certain vices for virtues. (shrink)

The most well-known kinds of liberalism are based on the doctrine of the atomism of the individual, sometimes called "the separateness of persons." But these doctrines do not seem to allow a country to restrict immigration for the purpose of protecting a national way of life, except for protecting liberalism itself. This can lead to considerable discontent. In this paper, I present a kind of liberalism that addresses this concern.

From Morality to the End of Reason is an ambitious book. Ingmar Persson tackles key issues from across the spectrum of ethical theory and beyond: the nature of rights, self-ownership, killing and letting die, the doctrine of double effect, collective action, freedom and moral responsibility, the nature and ground of practical and epistemic reasons. His conclusions on these wide-ranging issues are woven into an overarching view of morality and rationality.

Timothy Michael Fowler has argued that, as a consequence of their commitment to neutrality in regard to comprehensive doctrines, political liberals face a dilemma. In essence, the dilemma for political liberals is that either they have to give up their commitment to neutrality (which is an indispensible part of their view), or they have to allow harm to children. Fowler’s case for this dilemma depends on ascribing to political liberals a view which grants parents a great degree of freedom in (...) deciding on the education of their children. I show that ascribing this view to political liberals rests upon a misinterpretation of political liberalism. Since political liberals have access to reasons based upon the interests of children, they need not yield to parent’s wishes about the education of their children. A correct understanding of political liberalism thus shows that political liberals do not face the dilemma envisaged by Fowler. (shrink)

In recent decades, investigation of brain injuries associated with amnesia allowed progress in the philosophy and science of memory, but it also paved the way for the hubris of assuming that memory is an exclusively neural phenomenon. Nonetheless, there are methodological and conceptual reasons preventing a reduction of the ecological and contextual phenomenon of memory to a neural phenomenon, since memory is the observed action of an individual before being the simple output of a brain (or, at least, so we (...) will argue), and there is no good reason to suppose that it is necessary to postulate a more basic reality to memory lying behind the mere individual actions. (shrink)

Evaluator-relative consequentialists frequently endorse the traditional doing-allowing distinction. Yet their endorsement of this traditional distinction only serves to clear the way for their argument against a more fundamental doing-allowing distinction, an argument that one never ought to do something when this will allow something worse to happen. Unlike the case against its more traditional counterpart, the case against this deeper doing-allowing distinction can draw for support upon widely held “state of affairs centered” accounts of (...) attitudes, actions, reasons and value, accounts upon which desires are (all) attitudes towards states of affairs, practical reasons are all reasons to promote states of affairs, and to act is to make something happen -- to promote, produce, or bring about some states of affairs. Moreover, to reject this deeper distinction is to accept the centerpiece of consequentialism – that the evaluation of actions is determined through appeal to the evaluation of states of affairs. Only once the nature of the deep doing-allowing distinction, and these grounds for its rejection, come into view, does it also become clear both what an adequate response to such arguments for its rejection will look like, and that many elements of such a response have already been proposed. (shrink)

In the Centuries of Theology I.48–50, Maximus states that there are two kinds of works that belong to God: one which corresponds to beings having a temporal, finite beginning, and one which corresponds to perfections of beings which have no beginning and are therefore eternal. Maximus labels the latter as participated beings (ὄντα μεθεκτά) and the former as participating beings (ὄντα μετέχοντα), with God transcending both as their cause. The structure of God-as-cause, participated beings, and participating beings matches Proclus’ three-fold (...) structure of participation with the ontological categories of unparticipated, participated, and participating. While Maximus borrows the basic language and structure from Proclus, he makes certain minor but significant differences, particularly in how the participated beings both relate to their source in God and in their status of existence. This paper thus sets out to analyze I.48–50 in the general context of the Centuries of Theology, considering how Maximus conceives of the ontological distinctions between God and God’s works. A comparison with Proclus’ understanding of participation follows, particularly from Proclus’ Elements of Theology Prop. 23, which succinctly states the three-term distinction of participation. The resulting comparison shows that Proclus’ framework of participation is flattened for Maximus, where the participated works represent multiple properties distinct in kind from the unparticipated, while God fits analogously in the status of the unparticipated. The underlying ontology supports Maximus’ implicit denial that such participated entities represent distinct divinities, as they do for Proclus, while Maximus’ assertion of God’s transcendence is still secured with the ontological distinction between the participated works and their unparticipated cause. (shrink)

I emphasize two merits of Eric Watkins’ account in "Kant on Laws": the strong evidential support it has, and the central place it gives to Kant’s laws of mechanics. Then, I raise two questions for further research. 1. What kind of evidential reasoning confirms a Kantian law? 2. Do natures explain Kantian laws? If so, how?

In The Age of the World Picture, philosopher Martin Heidegger claims that scientific representations do not reduce themselves to pure appropriations of what they present. Rather, they convey investigations that confine being to rules of appropriation. Those rules govern how natural science accesses phenomena. The choice of natural science as the predominant mode of representation of reality entails what Heidegger calls a process of objectification (Vergegenständlichung). In his Zollikon Seminars, Heidegger questions the tribute paid by the sciences of the mind (...) to the logic of the natural sciences, and stresses that Freud, by thinking of the mind as a machine driven by instinctive powers, assigns to human phenomena the objective features set by the natural sciences. This paper purports to show that Winnicott, by formulating a theory of personal maturing, disagrees with the objectifying requirements of the natural sciences. For Winnicott, traditional psychoanalysis uses categories that are inadequate for describing the changes babies undergo in the environment that gives them care and attention, because its analysis is confined to the field of libido relations. With that in mind, it is not possible to speak about human maturation processes using an objectifying language; Winnicott stresses (in The newborn and his mother) that “I cannot sacrifice a patient on the altar of science”. This paper argues that Winnicott disagrees with the naturalistic imperative, which reduces the real to what is objective and places physics as a model for the sciences. The paper also broaches on the issue of how far the considerations of Heidegger and Winnicott regarding access to human phenomena allow us to discuss the current overwhelming process of medicating everyday life. (shrink)

In this paper, I propose a solution to a challenge formulated by Judith Jarvis Thomson: We have to explain why the moral asymmetry between doing and allowing harm is a deep feature of our moral thinking. In a nutshell, my solution is this: It could not be otherwise. Accepting the asymmetry is indispensable for the construction and maintenance of stable moral communities. -/- My argument centrally involves mental resource management. Moral communities depend on their members’ commitment to moral (...) norms. And, I argue, community members can only be committed to these norms in the required ways without overextending their mental resources if morality contains the doing/allowing asymmetry. -/- This has two noteworthy implications. Firstly, we can and should stop discussing the asymmetry in normative ethics and, instead, regard it as “moral axiom” we cannot but accept. Secondly, even consequentialists have to accept the asymmetry but, by doing so, their view loses part of its intuitive appeal. Lastly, I turn to an objection. One might think that my indispensability argument confuses issues in moral psychology with issues in normative ethics. I reject the objection on broadly pragmatist grounds. (shrink)

If people have stringent moral rights, then the doctrine of double effect is false or unimportant, at least when it comes to making acts permissible or wrong. There are strong and weak versions of the doctrine of double effect. The strong version asserts that an act is morally right if and only if the agent does not intentionally infringe a moral norm and the act brings about a desirable result (perhaps the best state of affairs available to the (...) agent or a promotion of the common good). The weak version asserts that, other things being equal, it is deontically worse to intentionally infringe a norm than to foreseeably do so. A person’s intention or mere foresight might still be relevant to his or her blameworthiness or virtue, but this is a separate issue. (shrink)

In Brazil, the social demand for veterinary expertise is growing. However, there is still a shortage of professionals trained in this area to apply specific knowledge to each case. Studies and research into forensic veterinary medicine are necessary for veterinary experts to assist in investigations and legal proceedings. Veterinary medicine has subjects on its curriculum that cover the knowledge needed to apply in the fields of animal health, public health and the environment. The interaction between human and veterinary medicine, as (...) well as other areas of health, is of great importance in the prevention and control of various diseases, both in animals and humans. Some cases of infectious bovine abortion have a major impact not only on cattle farming and animal health, but also on public and environmental health. The concept of "One Health" integrates human medicine and health professionals. In this context, knowledge of infectious abortive diseases that affect animal, human and environmental health is fundamental. Cattle are affected by specific infectious abortive diseases, caused by pathogens with different forms of presentation and transmission mechanisms. These include brucellosis, leptospirosis and listeriosis, which are potentially zoonotic diseases. Controlling these diseases can contribute to effective public health actions and reduce global health risks. In order to establish the diagnosis of these diseases, it is essential to properly collect specimens from live or dead animals under biosafety and biosecurity conditions, following the chain of custody for each case. These procedures allow for greater success in diagnosing the suspected agent and facilitate the investigation of other causes. Animal health standards for the prophylaxis and control of these diseases are established by specific legislation, including those of the Ministry of Agriculture, Livestock and Supply (MALS). This literature review was based on current knowledge on the Pubmed platform, Google Scholar, articles and textbooks. The aim of this article is to identify, understand and discuss the main infectious abortive diseases of cattle in the legal and forensic context, which have an impact on cattle farming, animal health, food safety, public and environmental health. -/- Referências bibliográficas Abdullah, N. M., Mohammad, W. M. Z. W., Shafei, M. N., Sukeri, S., Idris, Z., Arifin, W. N., Nozmi, N., Saudi, S. N. S., Samsudin, S., & Zainudin, A.-W. (2019). Leptospirosis and its prevention: knowledge, attitude and practice of urban community in Selangor, Malaysia. BMC Public Health, 19(1), 1–8. Agrimani, D. S. R., Rui, B. R., Cruz, I. V, Romano, R. M., & Lopes, H. C. (2011). 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Attempts to defend the moral significance of the distinction between doing and allowing harm directly have left many unconvinced. I give an indirect defence of the moral significance of the distinction between doing and allowing, focusing on the agent's duty to reason in a way that is responsive to possible harmful effects of their behaviour. Due to our cognitive limitations, we cannot be expected to take all harmful consequences of our behaviour into account. We are required (...) to be responsive to harmful consequences that have some feature that makes it easy for us to become aware of them. I show that, under Jonathan Bennett's analysis of the doing/allowing distinction, harm that is incidentally done has such a feature, which is not shared by harm that is incidentally allowed. Any plausible analysis of the doing/allowing distinction will entail a similar asymmetry. It follows that, prima facie, an agent who incidentally does harm has violated a moral requirement (the deliberative requirement) which an agent who incidentally allows harm has not violated. 1. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Apart from his critique of Kant, Maimon’s significance for the history of philosophy lies in his crucial role in the rediscovery of Spinoza by the German Idealists. Specifically, Maimon initiated a change from the common eighteenth-century view of Spinoza as the great ‘atheist’ to the view of Spinoza as an ‘acosmist’, i.e., a thinker who propounded a deep, though unorthodox, religious view denying the reality of the world and taking God to be the only real being. I have discussed this (...) aspect of Maimon’s philosophy in other places, and though the topic of the current paper has an interesting relation to certain doctrines of Spinoza, I will not develop this issue here. Neither of these two issues -- Maimon’s criticism of Kant or his original interpretation of Spinoza -- was considered by Maimon as his main contribution to philosophy. There is little doubt that if Maimon were asked to point out his single most important innovation he would have picked his doctrine of the Principle of Determinability [Satz der Bestimmbarkeit]. Regarding this doctrine Maimon writes: ... [T]he principle of determinability laid down in this work is a principle of all objectively real thought, and consequently of philosophy as a whole too. All the propositions of philosophy can be derived from, and be determined by it [woraus sich alle Sätze herleiten und wodurch sie sich bestimmen lassen]. … I have made available a supreme principle of all objectively real thought, viz., the principle of determinability... and have established as the ground of the whole of pure philosophy -- a principle which, if it is ever grasped, will, I hope, withstand every scrutiny. These claims may strike the reader as somewhat presumptuous, to say the least. But, if we pay attention to the last sentence of the passage, we can see that Maimon doubts whether his great finding will ever be understood. It is not unlikely that in this phrase (“wenn er nur einmal eingesehen werden wird”) Maimon was reacting to his own repeatedly unsuccessful attempts to explain the principle. The fate of Maimon’s principle has not been much better in the few works written on Maimon’s philosophy, and though almost all commentators agree that the principle of determinability is the linchpin of the positive philosophy Maimon was trying to develop, we do not yet have a clear explanation of this principle, or of the reason why Maimon assigns such importance to it. Recently, Oded Schechter developed an excellent reading of this principle, and in most aspects my view agrees with his (primarily, in its rejecting the attempt to explain the principle as a version of Leibniz’s predicate-in-subject [Praedicatum inest subjecto] containment thesis). My paper consists of two parts. The first is expository in nature. In this part, I spell out briefly the main aspects of Maimon’s principle of determinability and its aims. In the second part, I examine Maimon’s surprising claim that once we accept the principle of determinability, we have to deny the possibility of two subjects sharing the same predicate. Maimon provides several proofs for this highly counterintuitive claim, and I will try to clarify and evaluate these proofs. (shrink)

The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state (...) action. Sunstein, Holmes, Vermeule and others have presented influential arguments for the claim that where the state is concerned the doing/allowing distinction has no moral significance, even if it does elsewhere. I show that these arguments can be resisted. In doing so, I defend some important distinctions and principles that help us understand the state’s role in protecting people from harm. (shrink)

I scratch your back, you scratch mine—how must these services relate in order to constitute a quid pro quo exchange? In the ordinary quid pro quo exchange, each party agrees to do their part in order to get the other party to do theirs; each conditions their own willingness to perform on the willingness of the other; and each regards the other as obligated to do their part in light of their agreement. But not all exchanges are ordinary, and a (...) proper analysis is of considerable practical and theoretical significance. In the law alone, quid pro quo figures prominently in a wide range of contexts—civil as well as criminal, public as well as private—and lies at the core of a number of raging controversies concerning official corruption, insider trading, and other matters. This Article offers the first philosophical analysis of quid pro quo exchange in the Anglophone tradition. (shrink)

Interpretations of the ethical significance of the Bhagavadgītā typically understand the debate between Arjuna and Kṛṣṇa in terms of a struggle between consequentialist and deontological doctrines. In this paper, I provide instead a reading of the Gītā which draws on a conception of moral thinking that can be understood to cut across those positions – that developed by Stanley Cavell, which he calls ‘Emersonian Moral Perfectionism’. In so doing, I emphasise how Kṛṣṇa’s consolation of Arjuna can centrally and fruitfully (...) be viewed as concerned with resuscitating the latter’s individuality, thereby allowing Arjuna to overcome an unthinking conformity to the current degenerate state of his society. This leads me to explore the relation between this perfectionist understanding of spiritual reorientation and the Gītā’s religious account of human redemption; and to conclude by suggesting how the text of the Gītā itself might have similar therapeutic designs upon its readers. (shrink)

The central hypothesis of the collaboration between Language and Computing (L&C) and the Institute for Formal Ontology and Medical Information Science (IFOMIS) is that the methodology and conceptual rigor of a philosophically inspired formal ontology greatly benefits application ontologies. To this end r®, L&C’s ontology, which is designed to integrate and reason across various external databases simultaneously, has been submitted to the conceptual demands of IFOMIS’s Basic Formal Ontology (BFO). With this project we aim to move beyond the level of (...) controlled vocabularies to yield an ontology with the ability to support reasoning applications. Our general procedure has been the implementation of a meta-ontological definition space in which the definitions of all the concepts and relations in LinKBase® are standardized in a framework of first-order logic. In this paper we describe how this standardization has already led to an improvement in the LinKBase® structure that allows for a greater degree of internal coherence than ever before possible. We then show the use of this philosophical standardization for the purpose of mapping external databases to one another, using LinKBase® as translation hub, with a greater degree of success than possible hitherto. We demonstrate how this offers a genuine advance over other application ontologies that have not submitted themselves to the demands of philosophical scrutiny. LinKBase® is one of the world’s largest applications-oriented medical domain ontologies, and BFO is one of the world’s first philosophically driven reference ontologies. The collaboration of the two thus initiates a new phase in the quest to solve the so-called “Tower of Babel”. (shrink)

The Shadow of God in the Philosopher’s Garden. The Parc de La Villette in Paris in the context of the philosophy of chôra I Bernard Tschumi’s project of the Parc de La Villette could have won the competition and was implemented thanks to the political atmosphere that accompanied the victory of the left-wing candidate in the French presidential elections in 1981. François Mitterand’s revision of the political programme and the replacement of radical reforms with the construction of prestigious architectural objects (...) and urban assumptions in the French capital gave Tschumi a unique opportunity to realise ideas that polemicised with traditional forms of social life, questioned the basic principles of architecture and included architectural work in the philosophical disputes over the issues of metaphysics. Tschumi’s theoretical assumptions put forward during the design of the Parc de La Villette highlighted the questions of conflict between the main components of the project and suggested that the intensification of differences was analogous to Jacques Derrida’s creation of the concept of différance. It was this philosopher who in a special commentary to Derrida’s project also introduced the concept of maintenant, which aimed at demonstrating that the architect’s polemical inclinations remain in a hidden balance with his inclinations to affirmation of architectural principles. During the discussion between Derrida and Peter Eisenman, who was to take part in the design of the Parisian park, the concept of the chôra was also put forward, which in the course of the debate led to an additional confusion of architectural and philosophical problems. II In the period from the Antiquity to the Renaissance, the dialogue Timaeus was the most frequently commented work of Plato. At present, the most frequently discussed is the issue of the chôra included in it, which aroused fascination among philosophers, researchers of rhetoric, religion, feminism, but also architecture. The work on the chôra also influenced the development of the interpretation of the Parc de La Villette, among which the topics related to the beginning and the change were highlighted. In early uses of the word chôra in Greek, as in Homer’s 18th Book of Iliad, it meant both dancing and a place to dance. On this occasion, it can be seen that it is not possible to determine which phenomenon took precedence in the creation of the name. It cannot be denied, however, that the word concerned a specific movement, as if circular and returning to an indefinable beginning. Despite gaining more and more general meanings, the word chôra has retained its connection with the dance of people on the threshing floor, the dance of bees (choros meliton) or the dance of stars (choros astron). In Timaeus, the chôra is a space filled with movement with an effect similar to shaking the sieve to husk the grain: it separates similar elements from the dissimilar ones. The juxtaposition of the Parc de La Villette and the chôra already at this stage leads to the suggestion that the park was treated by the architect as a place of dynamic changes leading to the establishment of new social solutions. In his statements, the architect confirmed that the park was to be a space of new politics and ethics. The book by Julia Kristeva La Révolution du langage poétique contributed to the spread of the belief that works of art can play a role as factors of political revolution. In this work, the author put forward the thesis that the chôra is a kind of space, the character of which has a destructive influence on attempts to conclude language games. The chôra gives beginning to words, but at the same time, by leaving a trace of this beginning it forces us to renew their meanings. The chôra understood in this way, turns out to be an irremovable beginning, to which one has to return all the time. Kristeva found manifestations of the chôra’s activity in avant-garde French poetry, to which she attributed the role of a mediator between criticism of metaphysics and aspirations for social change. The chôra, violating the language, introduces some voids into it, as if traces of the abyss, which direct the consciousness towards understanding the necessity of political changes. The Parc de La Villette was to pursue similar objectives in the city space. In his essays, Tschumi considered the problems of creating spaces that would give rise to a radical democracy. The proposed rebellious spaces should have the characteristics of a void, in which contradictory forces would occur as forms of pure activity. The means of achieving this goal was to concentrate contradictions and make them visible. The Parc de La Villette was supposed to collect differences as indelible and at the same time by showing them it was supposed to raise awareness of the social world as a conglomerate of differences. Saturation of the space of the park with subversive values results from the character of this space suppressed in the consciousness, as well as from the social diversity which has not been taken into account so far. The main contradictions contained in space relate to the division that exists between its presentation as a mental problem and a sensual one. The park was the deliberate creation of a place that transcends such a division and creates a separate space for negotiation between architectural theories and its practical applications. The purpose of the park was to become a place of future events, which would not hide their conflicting character coming from diversity of both space and society. The method of composition usually aimed at achieving a harmonious whole has been replaced by Tschumi with a system of juxtaposition of non-coherent elements or those resulting from variations and transformations. Tschumi did not seek direct influence on politics in the Parc de La Villette, but made room for thinking about the possibilities of the future. He introduced problems rather than showed solutions to them. The task of the park was to put the principles of architecture into a kind of vibration that would inspire users to participate in the new community. III Tschumi believes that the quality of architecture depends on the theoretical factor it contains. Such a view led to the creation of architecture that would achieve visibility and comprehensibility only after its interpretation. On his way to creating such an architecture he took on a purely philosophical reflection on the basic building block of architecture, which is space. In 1975, he wrote an essay entitled Questions of Space, in which he included several dozen questions about the nature of space. The questions he formulated could be regarded as analogous to the situation in the philosophy of the time, in which the interest in questioning the most obvious forms of understanding the world and intellectual categories increased. The research on space is an area common to many fields of natural sciences, humanities and artistic creation, but it also deals with other problems, such as issues of experience. The concept of space-time continuum proposed by Hermann Minkowski drew attention to the identity of time and space with the events taking place. Probably regardless of the postulates of physicists commenting on Albert Einstein’s discoveries, also in philosophy it increased the importance of the concept of the event which became dominant in Martin Heidegger’s latest work Contributions of Philosophy: Of the event. Furthermore, Tschumi’s reflections on space entered into relation with the problem of experience, which aroused the interest of a group of French philosophers trying to assimilate Georges Bataille’s concept of “inner experience”. Both Tschumi and Derrida referred to Bataille because his views could be used not only to modify the concept of the subject, but also to change the understanding of what constitutes the area of architecture. The discussion on experience has led to the recognition that the subject is not sovereign, but actually a form of what is on their outside. Such insights make it possible to treat the area of the Parc de La Villette as existing mainly when it is organised by its users. The decisive features of the park are its assumptions, according to which it is a variety of active void that leads to agreeing new social relations with it. The park does not force to participate in already existing moral or political communities, but tries to move into an unknown future in which the scope of free functioning of individuals will be increased. Doubts about the principles of functioning of the individual self and its discovery as a whole composed of non-coherent parts, as well as its dependence on its own depth full of disordered forces, influenced the understanding of architecture as a set of contradictions whose source is a fundamental void anticipating the empty phenomenal space. The use of this phenomenal void in architecture, as well as the rejection of the whole and unity, had a specific political purpose and drew its inspiration from political analyses. In the Parc de La Villette, metaphysics and politics were brought closer together because the philosophy of void was used to create new conditions for community action. It can be argued that the source of this philosophy was the perception of errors in existing societies dependent on the shortcomings of traditional metaphysics. Spacing (espacement) was one of the key terms in Derrida’s philosophy, which was also combined with the concepts of différance and chôra. The study of the nature of space, especially its transition from the level of pure possibility to the level of sensual phenomenon, also contributes to understanding how well designed space can have an impact on its audience. This explanation is based on Tschumi’s assumption that the space of the Parc de La Villette contradicts the integrating approaches and instead exposes contradictions, but it does so in a way that combines incompatible properties into a single piece of architecture. The specificity of such integration is similar to the invention of a musical phrase, which is an ideological message: moral and political. Such a thesis may raise doubts, however, if both the clearly adopted assumptions and those deduced from the work allow for their logically ordered presentation then to a limited extent it may be assumed that the work has achieved a connection between a specific philosophy of space and its practical application. Derrida combined the problem of spatiality with the problem of transcendental imagination in the philosophy of Immanuel Kant, who in the first version of Critique of Pure Reason assumed that pure imagination precedes the appearance of time and space, even in their transcendental forms. The imagination in such a situation can be described as a factor activating time and space, which indicates what function is played by movement in this activity. This leads us to recognize that the ultra originary source of pure forms of sensual intuition is movement, which in early Greek philosophy was identified with void and its lack of resistance to phenomena occurring in it. Derrida’s philosophy in search of a certain super-transcendental source of time and space pointed to différance which, like void or the chôra, does not have material features or even any other form of being. Différance is the primary cause of the disruption of motionlessness and the introduction of activity into motionless time and space, thus its activity can be described as spacing (espacement). Derrida’s discoveries in this respect are not entirely original, because Georg Wilhelm Friedrich Hegel already pointed out when examining the present that it is primarily a differential relation (differente Beziehung), which, being seemingly neutral, influences the present with supernatural force and makes it unidentifiable with itself. Differente Beziehung must similarly influence the originary space, negating its initial character by multiplying its divisions and expanding its boundaries. Différance acts by revealing contradictions wherever there is apparent undifferentiation. Tschumi, composing the Parc de La Villette as a variety of void and a set of incompatible layers, followed the rules of différance or the chôra: he made void visible together with its saturation with contradictions. If space can be considered to be the result of the activity of difference, such activity has a certain regularity, which influences the behaviour of its observers. Differences or contradictions fall into a certain rhythm, which can be considered a manifestation of transcendent order. The problem is that what can be considered the source of such order, namely the logos or God, is partly disorder and error. According to descriptions contained in Timaeus, the world is a combination of forces that drive to order with forces of erroneous necessity that resounds in every order and forces it to return to disorder. Derrida denied the possibility of understanding différance as a theological value, even if it were a negative or apophatic theology, but no categorical denial could be perfect. The assumption that différance or the chôra are not endowed with any substance properties cannot deny their activity, and thus a certain force. Already since Democritus, philosophy has multiplied the names of such a force and the contradictory variety of its manifestations, never forgetting also the necessity for reason to withdraw from the possibility of giving its correct characteristics. Such a withdrawal may be interpreted as an expression of respect and, in certain situations, as a cult of the force that precedes reasonableness. The Parc de La Villette, which is an artistic divagation about the contradictions and forces behind them, can be considered as a place of their sublimation, and therefore as a variation of the temple of what differs from order and disorder. IV In the texts that presented the theoretical assumptions of the Parc de La Villette, Tschumi used a large number of terms that contradicted not only the traditional principles of composing architecture, but also negated the rules of social order and the foundations of Western metaphysics. Tschumi’s statements, which are a continuation of his leftist political fascinations from the May 1968 revolution, as well as his interest in the philosophy of French poststructuralism and his collaboration with Derrida, prove that terms such as “disruption”, “dissociation”, “disfunction”, “disjunction” and “dispersion” not only referred to architectural problems but also applied to political criticism and the deepest foundations of thinking itself. His collaboration with Derrida manifested itself primarily in the publication La Case Vide: La Villette 1985, in which the architect’s design drawings and texts explaining his concepts related to the Parc de La Villette were accompanied by an extensive essay by Derrida, which included theoretical problems taken up by Tschumi in a philosophical context. Architectural and philosophical issues were also combined during seven discussion meetings organised by Eisenman, invited by Tschumi to collaborate on the design of the Parc de La Villette. Eisenman, who, like Tschumi, invited Derrida to participate in the design of the park and also led to the publication of Chora L Works: Jacques Derrida and Peter Eisenman, in which his ideas were confronted with Derrida’s philosophical text. In this case, Derrida’s essay was not a direct commentary on the architect’s concepts, but rather a reflection on the question of the chôra presented by Plato in Timaeus. During the discussion and in his essay, Derrida pointed out that the chôra is a component of the created world, yet it does not belong to it, but precedes it. The originality of the chôra is so radical that she also precedes all the factors of creating the world, including ideas and the Demiurge. Thus athesis appeared in the metaphysics of the West that the chôra is a form of active abyss, in relation to which all beings are secondary, both those perfect (as ideas or God) and those created, such as the world, things, people or language. This leads to the conclusion that the chôra does not exist, because all existence is a derivative of the chôra. Nor could the chôra be described, since it is a form of developing a space that is preceded by a lack of space characteristic of the chôra. Derrida intended the chôra to be an instance with an exceptional degree of transcendentalism, an anti-metaphysical instance, but also an a-theological one. However, this attempt failed, both in the field of secular philosophy and in the field of theology. Derrida’s characteristics of the chôra to strengthen its transcendentalism and negation of metaphysics had to be expressed in a language that immediately produces new concepts and a new metaphysics that reproduces the categories of the beginning, the origin or the foundation known from earlier philosophical traditions. All forms of criticism of metaphysics are also inspired by negative, apophatic and mystical theology. The undermining of many concepts of permanent meaning and the introduction of new concepts of unstable meaning, characteristic of the philosophy of deconstruction, had many features of originality, but it was directed towards problems whose solutions repeat, with the use of new vocabulary, the findings known in culture since Democritus. Thus, if apophatic philosophy can be regarded as deconstruction avant la lettre, then deconstruction itself in its late versions began to take on the features of a new religion. The exchange of inspiration between theology and deconstruction was manifested in a series of scientific conferences and publications in which Derrida’s philosophical concepts were interpreted within the scope of religious thought. Theological threads began to be found in such concepts of deconstruction as différance or the chôra, while at the same time Derrida himself undertook in his philosophy to study problems such as the Other (L’Autre) or the Impossible (Impossible), which belonged to newer theological traditions. As a consequence of the new problems, the deconstruction became closer to the features of a new religion. Philosophy, at least from Kant’s time, has tried to create a system that would take over from religion the tasks of setting moral and political goals. Similarly, Derrida has directed his interest towards the problems of democracy and ethics, which would enable their renewal. Attempts to create a new religion (cleared of old metaphors), a new community or a new democracy bring problems and threats which may be no less troublesome than the previous systems. All promises of freedom carry with them threats, the greater the more they strive for perfection. The renewal of existential orders, sometimes carried out by means of violent changes, is a certain repetitive feature of human cultures. Deep changes, however, do not protect against the return of both old gods and old demons. Tschumi and Derrida were shaped in their youth by the atmosphere of leftist rebellion against the moral and political limitations of ossified communities and the imperfections of democracy. The ethical theme distinguishes many of their works, including the Parc de La Villette. The opposition to the metaphysical traditions of philosophy and architecture contained in this park was prompted by specific political situations and resulted from bringing political issues to the level of philosophical considerations. Achievements made at the level of pure concepts were then subject to elevation, to a kind of sacralization, which made them religious concepts. The deconstruction reached for the status of the new religion especially when it found its followers and began to generate moral obligations. In the new situation, terms such as the chôra, l’Autre or the Impossible were absolutized and in relation to them a cult and attitude of adoration emerged. The Parc de La Villtette then gained new post-secular meanings, which allow it to be assigned the function of a Temple of Otherness (L’Autre) and Impossible. V In the traditional sense, a work of art creates an illustration of the outside world, or of a certain text or doctrine. Sometimes it is considered that such an illustration is not literal, but is an interpretation of what is visible, or an interpretation of a certain literary or ideological message. It can also be assumed that a work of art creates its own visual world, a separate story or a separate philosophical statement. Parc de La Villette represents the last of these possibilities: it is a philosophical statement that develops the premises derived from poststructuralist philosophies and the philosophy of deconstruction. The uniqueness of its being status, however, is that it does so not only at the level of the theoretical assumptions, but also through its functioning as an active philosophical work. This means that a park is a happening philosophy. Its activity, however, does not refer only to the present tense, but is also an attempt to penetrate the future, all otherness and impossibility. This kind of activity assumes that the work, in a sense, does not yet fully exist, but is also still produced in the processes of its interpretation. The theoretical foundations of the park included texts by Tschumi, in which he questioned traditional ways of creating a work of architecture, postulating in return the use of a long series of negations, which were comparable to the crisis of metaphysics characteristic of contemporary philosophy. It is therefore no coincidence that the publication containing Tschumi’s theoretical text on Parc de La Villette was accompanied by an essay by Derrida developing some of the architect’s concepts. The next step in integrating philosophy into the process of park design was a series of discussions between Eisenman and Derrida, who completely moved the creation of the park into the world of thoughts, without accentuating the need for their realization in the material reality. The main topic of these discussions was the problem of the chôra, which was taken up by later commentators and used to interpret the park as a work in which the philosophy of the beginning is manifested relating to issues of politics, morality and religion. The park was therefore interpreted as a space of invention within the scope of creating new rules of functioning of the community and democracy. Thinking about the political future may, however, exceed the horizon of ordinary expectations. Although philosophical thought is always connected with contemporary problems and metaphysics sometimes intertwines with current politics, yet at the same time the customs of philosophy also include crossing horizons and thinking about absolute otherness and impossibility. Initially, the chôra, différance, absolute otherness (tout autre) and the Impossible were concepts of pure philosophy of atheistic character, but with the further development of the discussion, more and more theological motifs began to emerge. One of the reasons for this phenomenon was the fact that radical negations of all being, which were contemplated in contemporary philosophy (by Heidegger and Derrida, among others), had previously been manifested in negative and apophatic theologies (by Master Eckhart, among others).Also the category of the “Other”, taken from Emmanuel Levinas, was clearly connected with the thought about God. A further reason for connecting the chôra with the theological thought was the interest in the philosophy of deconstruction expressed by some theologians. John Caputo in particular managed to persuade Derrida to participate in discussions on the current status of religion. In the late period of Derrida’s writing, further statements on religious topics appeared. All these reasons led to posing a question about the identity of the chôra and God. Although there were no satisfactory conclusions on this issue, the discussion was also important to create an interpretation of the park as a place of worship. The chôra, representing, according to Plato, the preoriginal emptiness is the place of every beginning, but it turns out that it is not neutral to the being created in it. The chôra deposits itself in every being as an irremovable beginning that interferes with its stability. The chôra, therefore, forces us into a palintropical movement, but it also turns out to be a pure compulsion, an erring necessity and a fundamental force from which, in the human perception, motifs useful to the individual and to the community are extracted. All definitions of this force, including its anthropomorphisation, are formulated in such a way that they allow for building private and collective morality upon them. Such definitions are changed depending on variable political situations. It is difficult to determine whether in the processes of changes in the formulation of “God’s names” any essential value is retained, which is not subject to change. The current definitions of the chôra (God?), which can be found, for example, in the philosophy of Caputo, stress that she is a combination of various and contradictory forces. This characteristic inherits much of Plato’s concept, reminds us of Master Eckhart’s views on Gottheit and, at the same time, is not unfamiliar to Tschumi, whose essays were an apologia of contradictions. The current concept of chôra, transferred into the sphere of politics, is the praise of social diversity and the protection of the difference from the forces of order. In the Parc de La Villette, the future community and democracy were elevated as a system of safe existence of individuals in all their singularity. The park is a temple of a future community in which individual beings have nothing in common. (shrink)

The article focuses on a philosophical issue of the Renaissance humanism in William Shakespeare's Hamlet. The humanist tradition originated in Greece with the famous statement “Of all things man is the measure” (Protagoras of Abdera, 485-415 BCE), but it was not until the Renaissance that it reached its peak and became a doctrine. The article focuses on the humanism of the Renaissance, with its glorification of the image of the "giant man," which is mainly expressed in the work of (...) William Shakespeare. By pointing out the nature of Renaissance humanism, the article emphasizes Hamlet's play as a typical work of Renaissance humanism. (shrink)

Definition of the problem The umbrella term “explicability” refers to the reduction of opacity of artificial intelligence (AI) systems. These efforts are challenging for medical AI applications because higher accuracy often comes at the cost of increased opacity. This entails ethical tensions because physicians and patients desire to trace how results are produced without compromising the performance of AI systems. The centrality of explicability within the informed consent process for medical AI systems compels an ethical reflection on the trade-offs. Which (...) levels of explicability are needed to obtain informed consent when utilizing medical AI? Arguments We proceed in five steps: First, we map the terms commonly associated with explicability as described in the ethics and computer science literature, i.e., disclosure, intelligibility, interpretability, and explainability. Second, we conduct a conceptual analysis of the ethical requirements for explicability when it comes to informed consent. Third, we distinguish hurdles for explicability in terms of epistemic and explanatory opacity. Fourth, this then allows to conclude the level of explicability physicians must reach and what patients can expect. In a final step, we show how the identified levels of explicability can technically be met from the perspective of computer science. Throughout our work, we take diagnostic AI systems in radiology as an example. Conclusion We determined four levels of explicability that need to be distinguished for ethically defensible informed consent processes and showed how developers of medical AI can technically meet these requirements. (shrink)

Analytic philosophy is sometimes said to have particularly close connections to logic and to science, and no particularly interesting or close relation to its own history. It is argued here that although the connections to logic and science have been important in the development of analytic philosophy, these connections do not come close to characterizing the nature of analytic philosophy, either as a body of doctrines or as a philosophical method. We will do better to understand analytic philosophy—and its relationship (...) to continental philosophy—if we see it as a historically constructed collection of texts, which define its key problems and concerns. It is true, however, that analytic philosophy has paid little attention to the history of the subject. This is both its strength—since it allows for a distinctive kind of creativity—and its weakness—since ignoring history can encourage a philosophical variety of “normal science.”. (shrink)

In this paper, I argue against any state intrusion and interference that amounts to scrutiny of parents based on their decision to separate. The state, to my mind, ought not to be involved in childrearing decisions in cases of divorce unless there is a sufficient reason, and, as I will argue, divorce per se does not present a level of risk to children that justifies state intervention. The claims I am about to make apply not only to parental capability tests (...) but also to the entire process of legal divorce, which allows the courts to decide who they believe is a better parent—a decision that, in my view, the state is not capable of (and should not be) making. I do not claim that states ought not to interfere at all but rather that, unless parents fail to do what they are morally required to do, state interference should not be permitted. To make this case, I present two claims: claim A, that only a risk reaching a certain level (which I will call level H) justifies state intervention; claim B, that the act of divorce does not meet level H; and therefore C, there is no justification for state intervention in divorce. (shrink)

In his essay “Things Do Not Move,” Sengzhao (374?−414 CE), a prominent Chinese Buddhist philosopher, argues for the thesis that the myriad things do not move in time. This view is counter-intuitive and seems to run counter to the Mahayana Buddhist doctrine of emptiness. In this book chapter, I assess Sengzhao’s arguments for his thesis, elucidate his stance on the change/nonchange of things, and discuss related problems. I argue that although Sengzhao is keen on showing the plausibility of the (...) thesis, he actually views the myriad things as both changing and unchanging and upholds the nonduality of motion and rest. In fact, the nonmoving thesis follows from the discernment that things change from moment to moment without there being any enduring stuff in the process. Among philosophical works that confer a higher ontological status on nonchange over change, Sengzhao’s essay is unique and well worth pondering. (shrink)