This article offers a novel, conservative account of material constitution, one that incorporates sortal essentialism and features a theory of dominant sortals. It avoids coinciding objects, temporal parts, relativizations of identity, mereological essentialism, anti-essentialism, denials of the reality of the objects of our ordinary ontology, and other departures from the metaphysic implicit in ordinary ways of thinking. Defenses of the account against important objections are found in Burke 1997, 2003, and 2004, as well as in the often neglected six (...) paragraphs that conclude section V of this article. (shrink)

This collection of writings on aesthetics includes selections from Theodor Adorno, Walter Benjamin, Mikhail Bakhtin, Sigmund Freud, Martin Heidegger, Amy Mullin, Friedrich Nietzsche, and Frederich Wilhelm Joseph von Schelling. This collection may still be available as a print-on-demand title at the Ryerson University bookstore.

This collection for a course in Social Thought and the Critique of Power includes selections from Sandra Bartkey, Wendy Brown, Judith Butler, Luc Boltanski, Eve Chiapello, Juergin Habermas, Margaret Kohn, Saskia Sassen, Margit Mayer, David Ciavatta, Michael Hardt, Antonio Negri, and Jeremy Waldron. Selections include material on the city, neoliberalism, computer-mediated life, precarity, cosmopolitanism, and gender. This packet may still be available as a print-on-demand title at the Ryerson University Bookstore.

This out-of-print collection in the area of European twentieth-century political philosophy includes selections from Adorno, Benjamin, Benhabib, Marcuse, Ciavatta, Comay, Honneth, and Fraser.

This collection in the area of continental philosophy of language, aesthetics, and semiotics includes articles and book selections from Derrida, Ricouer, McCumber, Oliver, Sheshradi-Krooks, Lacan, and Kristeva. This collection is available in the University of Guelph bookstore.

This out-of-print collection on animal rights, applied ethics, and continental philosophy includes readings by Martin Heidegger, Karin De Boer, Martha Nussbaum, David De Grazia, Giorgio Agamben, Peter Singer, Tom Regan, David Morris, Michael Thompson, Stephen Jay Gould, Sue Donaldson, Carolyn Merchant, and Jacques Derrida.

This out-of-print, two-volume, photocopy packet, in the area of "Surrealism and the Politics of the Particular" includes readings on language, meaning, and surrealism from Adorno, Benjamin, McCumber, Breton, Heidegger, Freud, Kristeva, Ricouer, and Bataille.

This out-of-print collection in the area of the history, politics, ethics, and theory of privacy includes selections from Peter Gay, Alan Westin, Walter Benjamin, Catharine MacKinnon, Seyla Benhabib, Anita Allen, Ann Jennings, Charles Taylor, Richard Sennett, Mark Wicclair, Martha Nussbaum, and Robert Nozick.

Dion is a full-bodied man. Theon is that part of him which consists of all of him except his left foot. What becomes of Dion and Theon when Dion’s left foot is amputated? Employing the doctrine of sortal essentialism, I defend a surprising answer last defended by Chrysippus: that Dion survives while the seemingly unscathed Theon perishes. For replies to critics, see my publications of 1997 and (especially) 2003.

Dion is a full-bodied man. Theon is that part of him which consists of all of him except his left foot. What becomes of Dion and Theon when Dion’s left foot is amputated? In Burke 1994, employing the doctrine of sortal essentialism, I defended a surprising position last defended by Chrysippus: that Dion survives while the seemingly unscathed Theon perishes. This paper defends that position against objections by Stone, Carter, Olson, and others. Most notably, it offers a novel, conservative (...) solution to the many-thinkers problem, a solution that enables us to accept the existence of brain-containing person-parts while denying that those person-parts are thinking, conscious beings. (shrink)

On the most popular account of material constitution, it is common for a material object to coincide precisely with one or more other material objects, ones that are composed of just the same matter but differ from it in sort. I argue that there is nothing that could ground the alleged difference in sort and that the account must be rejected.

On what I take to be the standard account of supererogation, an act is supererogatory if and only if it is morally optional and there is more moral reason to perform it than to perform some permissible alternative. And, on this account, an agent has more moral reason to perform one act than to perform another if and only if she morally ought to prefer how things would be if she were to perform the one to how things would be (...) if she were to perform the other. I argue that this account has two serious problems. The first, which I call the latitude problem, is that it has counterintuitive implications in cases where the duty to be exceeded is one that allows for significant latitude in how to comply with it. The second, which I call the transitivity problem, is that it runs afoul of the plausible idea that the one-reason-morally-justifies-acting-against-another relation is transitive. What’s more, I argue that both problems can be overcome by an alternative account, which I call the maximalist account. (shrink)

This is an encyclopedia entry on consequentializing. It explains what consequentializing is, what makes it possible, why someone might be motivated to consequentialize, and how to consequentialize a non-consequentialist theory.

Felix reaches up to catch a high line drive to left field and fires the ball off to Benji at home plate, who then tags the runner trying to score. For Felix to catch the ball and transfer it from his glove to his throwing hand, he needs to have a sense of where his hands are relative to one another and the rest of his body. This sort of information is subconsciously tracked in the body schema (or postural schema), (...) a representation of the current bodily posture that is updated on the basis of proprioceptive inputs. While the existence of the body schema in not in dispute, its origin is. After reviewing the competing proposals, I introduce the conceptual tools needed to move the debate forward and apply them to the question of the extent to which the body schema could be learned from perceptual input in utero. I argue that it could give rise to something recognizable as the body schema, though not quite rising to the level of the mature body schema. After considering the implications for further research on the origins of the body schema, I show how these results apply to other body representations, helping clarify the vexing question of the number, nature, and interactions among body representations in the brain. This theoretical work also promises to advance our understanding and treatment protocols for disorders affecting such body representations (e.g., anorexia nervosa). (shrink)

Blame is multifarious. It can be passionate or dispassionate. It can be expressed or kept private. We blame both the living and the dead. And we blame ourselves as well as others. What’s more, we blame ourselves, not only for our moral failings, but also for our non-moral failings: for our aesthetic bad taste, gustatory self-indulgence, or poor athletic performance. And we blame ourselves both for things over which we exerted agential control (e.g., our voluntary acts) and for things over (...) which we lacked such control (e.g., our desires, beliefs, and intentions). I argue that, despite this manifest diversity in our blaming practices, it’s possible to provide comprehensive account of blame. Indeed, I propose a set of necessary and sufficient conditions that aims to specify blame’s extension in terms of its constitution as opposed to its function. And I argue that this proposal has a number of advantages beyond accounting for blame in all its disparate forms. For one, it can account for the fact that one’s having had control over whether one was to φ is a necessary condition for one’s being fittingly blamed for having φ-ed. For another, it can account for why, unlike fitting shame, fitting blame is always deserved, which in turn explains why there is something morally problematic about ridding oneself of one’s fitting self-blame (e.g., one’s fitting guilt). (shrink)

It is hard to see why the head and other brain-containing parts of a person are not themselves persons, or at least thinking, conscious beings. Some theorists have sought to reconcile us to the existence of thinking person-parts. Others have sought to avoid them but have relied on radical theories at odds with the metaphysic implicit in ordinary ways of thinking. This paper offers a novel, conservative solution, one on which the heads and other brain-containing parts of persons do exist (...) but are neither persons, thinkers, nor conscious beings. A much briefer statement of the solution is found in section 5 of Burke 2004. (shrink)

In this article, I argue that online echo chambers are in some cases and in some respects good. I do not attempt to refute arguments that they are harmful, but I argue that they are sometimes beneficial. In the first section, I argue that it is sometimes good to be insulated from views with which one disagrees. In the second section, I argue that the software-design principles that give rise to online echo chambers have a lot to recommend them. Further, (...) the opposing principle, serendipity, could give rise to serious harm, in light of the conclusion of the first section that sometimes we are better off being insulated from some content online. In the third section, I argue that polarization can be a useful tool for inculcating the appropriate attitudes in a person. (shrink)

In this paper I argue that composer John Cage’s so-called ‘silent piece’, 4’33”, is music. I first defend it against the charge that it does not involve the organization of sound, which has been taken to be a necessary feature of music. I then argue that 4’33” satisfies the only other condition that must be met for it to be music: it bears the right socio-historical connections to its predecessors within its tradition (Western art music). I argue further that one (...) cannot understand the organized sound condition and the socio-historical condition separately and that understanding their interaction has theoretical benefits—not least of which is providing a groundwork for a more culturally inclusive philosophy of music. Finally, I consider a number of outstanding questions concerning the content of the organized sound condition for Western art music in the wake of 4’33”. (shrink)

Suppose that five minutes ago, to our astonishment, a healthy, full-grown duck suddenly popped into existence on the table in front of us. Suppose further that there was no first time at which the duck existed but rather a last time, T, at which it had yet to exist. Then for each time t at which the duck has existed, there is an explanation of why the duck existed at t: there was a time t’ earlier than t but later (...) than T such that the duck existed at t’, and it was only to be expected that a healthy duck would survive the brief period from t’ to t. But would these explanations remove the mystery? Taken collectively, would they explain why the duck has existed since T rather than never having existed at all? Presumably not. But if not, this seems to discredit the style of explanation offered by Hume and Edwards for the infinite regress they hypothesize of causes and effects. (shrink)

There is, on a given moral view, an agent-centered restriction against performing acts of a certain type if that view prohibits agents from performing an instance of that act-type even to prevent two or more others from each performing a morally comparable instance of that act-type. The fact that commonsense morality includes many such agent-centered restrictions has been seen by several philosophers as a decisive objection against consequentialism. Despite this, I argue that agent-centered restrictions are more plausibly accommodated within a (...) consequentialist framework than within the more standard side-constraint framework. For I argue that when we combine agent-relative consequentialism with a Kantian theory of value, we arrive at a version of consequentialism, which I call 'Kantsequentialism', that has several advantages over the standard side-constraint approach to accommodating constraints. What’s more, I argue that Kantsequentialism doesn’t have any of the disadvantages that critics of consequentializing have presumed that such a theory must have. (shrink)

This article is featured in a special issue dedicated to theme, "the human being in the digital era: awareness, critical thinking and political space in the age of the internet and artificial intelligence." In this article, I consider the way that social-media companies nudge us to spend more time on their platforms, and I argue that, in principle, these nudges are morally permissible: they are not manipulative and do not violate any obvious moral rules. The moral problem, I argue, is (...) not with nudging in principle but is instead with the fact that users are being nudged towards something bad for them. In practice, this often involves being nudged to spend an unhealthy amount of time using a social-media app or being nudged towards content that is bad for us, such as by promoting eating-disorder content to young girls. Since nudging is morally permissible, it is open to these companies to use the same technologies to nudge us towards the good. (shrink)

In this paper, I take it for granted both that there are two types of blameworthiness—accountability blameworthiness and attributability blameworthiness—and that avoidability is necessary only for the former. My task, then, is to explain why avoidability is necessary for accountability blameworthiness but not for attributability blameworthiness. I argue that what explains this is both the fact that these two types of blameworthiness make different sorts of reactive attitudes fitting and that only one of these two types of attitudes requires having (...) been able to refrain from φ-ing in order for them to be fitting. (shrink)

I argue that Plato believes that the soul must be both the principle of motion and the subject of cognition because it moves things specifically by means of its thoughts. I begin by arguing that the soul moves things by means of such acts as examination and deliberation, and that this view is developed in response to Anaxagoras. I then argue that every kind of soul enjoys a kind of cognition, with even plant souls having a form of Aristotelian discrimination (...) (krisis), and that there is therefore no completely unintelligent, evil soul in the cosmos that can explain disorderly motions; as a result, the soul is not the principle of all motion but only motion in the cosmos after it has been ordered by the Demiurge. (shrink)

Maximalism is the view that an agent is permitted to perform a certain type of action if and only if she is permitted to perform some instance of this type, where φ-ing is an instance of ψ-ing if and only if φ-ing entails ψ-ing but not vice versa. Now, the aim of this paper is not to defend maximalism, but to defend a certain account of our options that when combined with maximalism results in a theory that accommodates the idea (...) that a moral theory ought to be morally harmonious—that is, ought to be such that the agents who satisfy the theory, whoever and however numerous they may be, are guaranteed to produce the morally best world that they have the option of producing. I argue that, for something to count as an option for an agent, it must, in the relevant sense, be under her control. And I argue that the relevant sort of control is the sort that we exercise over our reasons-responsive attitudes by being both receptive and reactive to reasons. I call this sort of control rational control, and I call the view that φ-ing is an option for a subject if and only if she has rational control over whether she φs rationalism. When we combine this view with maximalism, we get rationalist maximalism, which I argue is a promising moral theory. (shrink)

The objective of this article is to review extant empirical studies of empathy in narrative reading in light of (i) contemporary literary theory, and (ii) neuroscientific studies of empathy, and to discuss how a closer interplay between neuroscience and literary studies may enhance our understanding of empathy in narrative reading. An introduction to some of the philosophical roots of empathy is followed by tracing its application in contemporary literary theory, in which scholars have pursued empathy with varying degrees of conceptual (...) precision, often within the context of embodied/enactive cognition. The presentation of empirical literary studies of empathy is subsequently contextualized by an overview of psychological and neuroscientific aspects of empathy. Highlighting points of convergence and divergence, the discussion illustrates how findings of empirical literary studies align with recent neuroscientific research. The article concludes with some prospects for future empirical research, suggesting that digitization may contribute to advancing the scientific knowledge of empathy in narrative reading. (shrink)

This chapter provides a critical overview and interpretation of fair subject selection in clinical and social scientific research. It first provides an analytical framework for thinking about the problem of fair subject selection. It then argues that fair subject selection is best understood as a set of four subprinciples, each with normative force and each with distinct and often conflicting implications for the selection of participants: fair inclusion, fair burden sharing, fair opportunity, and fair distribution of third-party risks. It then (...) defends an approach to navigating the conflicting imperatives of these subprinciples, one which privileges the need to include epistemically distinct groups in research, before concluding by considering the most pressing research questions regarding fair subject selection. (shrink)

I argue that, according to Plato, the body is the sole cause of psychic disorders. This view is expressed at Timaeus 86b in an ambiguous sentence that has been widely misunderstood by translators and commentators. The goal of this article is to offer a new understanding of Plato’s text and view. In the first section, I argue that although the body is the result of the gods’ best efforts, their sub-optimal materials meant that the soul is constantly vulnerable to the (...) body’s influences. In the second section, I argue that every psychic disorder is a disruption of the motions of the inner psychic circles by the body; moreover, I defend my translation of 86b. In the final section, I argue that the goal of education is to restore the circles to their original orbits, and I disarm a possible objection that bad education is also a cause of psychic disorder. (shrink)

In this article, I approach some phenomena seen predominantly on social-media sites that are grouped together as cancel culture with guidance from two major themes in Plato’s thought. In the first section, I argue that shame can play a constructive and valuable role in a person’s improvement, just as we see Socrates throughout Plato’s dialogues use shame to help his interlocutors improve. This insight can help us understand the value of shaming people online for, among other things, their morally reprehensible (...) views. In the second section, I argue that it is required for the proper functioning of democratic institutions that some views be excluded from the public sphere, which follows some Platonic ideas from the Laws. In neither case do I argue that this approach is good in an unqualified sense or even ultima facie good. However, I maintain that these important insights from Plato’s dialogues illuminate crucial aspects of how we should think about cancel culture. (shrink)

(The downloadable document, posted 07/23/22, incorporates post-publication corrections/refinements, mainly of section II.) The article gives a novel argument to show that there is sense of 'exists' suitable for posing a substantive issue between presentists and eternalists. It then seeks to invigorate a neglected variety of presentism. There are seven doctrines, widely accepted even among presentists, that create problems for presentism. Without distinguishing existence and being, presentists can comfortably reject all seven. Doing so would dispose of the majority of presentism’s problems. (...) Further, it would enable presentists to reduce A-judgments to B-judgments, thereby insulating presentism from doubts about the intelligibility of A-theories. For reasons indicated very briefly, it might also make presentism less difficult to reconcile with special relativity, though the point is not pursued here. (shrink)

It seems that we can be directly accountable for our reasons-responsive attitudes—e.g., our beliefs, desires, and intentions. Yet, we rarely, if ever, have volitional control over such attitudes, volitional control being the sort of control that we exert over our intentional actions. This presents a trilemma: (Horn 1) deny that we can be directly accountable for our reasons-responsive attitudes, (Horn 2) deny that φ’s being under our control is necessary for our being directly accountable for φ-ing, or (Horn 3) deny (...) that the relevant sort of control is volitional control. This paper argues that we should take Horn 3. (shrink)

After raising some minor philosophical points about Kevin Elliott’s A Tapestry of Values (2017), I argue that we should expand on the themes raised in the book and that philosophers of science need to pay as much attention to the loom of science (i.e., the institutional structures which guide the pursuit of science) as the tapestry of science. The loom of science includes such institutional aspects as patents, funding sources, and evaluation regimes that shape how science gets pursued, and that (...) attending to these aspects will enable us to provide more robust guidance on the values that infuse the tapestry of science. (shrink)

Crime-preventing neurointerventions (CPNs) are increasingly being used or advocated for crime prevention. There is increasing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Recent developments suggest that we may ultimately have at our disposal a range of drugs capable of suppressing violent aggression, and it is not difficult to imagine possible applications of such drugs in crime prevention. But should neurointerventions be used in (...) crime prevention, and may the state ever permissibly impose CPNs as part of the criminal justice process? It is widely thought that preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, restrictive of basic freedoms, and harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, highly restrictive of freedom of movement and association, and rarely more than modestly effective at preventing recidivism. Neurointerventions hold the promise of preventing recidivism in ways that are more effective and more humane, but the use of CPNs in criminal justice raises several ethical concerns. CPNs could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought, and humanity has a track record of misguided, harmful, and unwarrantedly coercive use of neurotechnological ‘solutions’ to criminality. This collection brings together original contributions from emerging scholars and internationally renowned moral and political philosophers to address these issues. (shrink)

In this article, I make the case for the continued relevance of Plato’s Timaeus. I begin by sketching Allan Bloom’s picture of the natural sciences today in The Closing of the American Mind, according to which the natural sciences are, objectionably, increasingly specialized and have ejected humans qua humans from their purview. I argue that Plato’s Timaeus, despite the falsity of virtually all of its scientific claims, provides a model for how we can pursue scientific questions in a comprehensive way (...) that stresses their connections to other disciplines, including the humanities, and that puts humanity qua humanity back in the picture. I then argue that being led by Plato’s philosophy to return humanity conceptually to the natural world can improve our thinking regarding climate change and other important environmental crises. (shrink)

This article concerns the place of Plato’s eschatology in his philosophy. I argue that the theory of reincarnation appeals to Plato due to its power to explain how non-human animals came to be. Further, the outlines of this theory are entailed by other commitments, such as that embodiment disrupts psychic functioning, that virtue is always rewarded and vice punished, and that the soul is immortal. I conclude by arguing that Plato develops a view of reincarnation as the chief tool that (...) the gods have to ensure that virtue is victorious over vice throughout the whole cosmos. (shrink)

When considering potential solutions to meaning-scepticism, Kripke (1982) did not consider a causal-theoretic approach. Kusch (2006) has argued that this is due to the qua-problem. I consider Kusch’s criticism of Maddy (1984) and McGinn (1984) before offering a different way to solve the qua-problem, one that is not susceptible to sceptical attack. If this solution is successful, at least one barrier to using a causal theory to refute Kripke’s scepticism is removed.

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

This paper examines the role of ?situations? in John Dewey's philosophy of logic. To do this properly it is necessary to contrast Dewey's conception of experience and mentality with views characteristic of modern epistemology. The primary difference is that, rather than treat experience as peripheral and or external to mental functions (reason, etc.), we should treat experience as a field in and as a part of which thinking takes place. Experience in this broad sense subsumes theory and fact, hypothesis and (...) evidence, reason and observation, thought and perception. Logic in this view is a formal study of the generic features of all possible kinds of experience in this broad (thick, deep, wide, multifaceted) sense. The goal of this paper is to explain what Dewey thinks a situation is in the context of this view of experience, and to argue for the fundamental importance of that idea for logic and philosophy in general. (shrink)

Andreas Schmidt and Neil Levy have recently defended nudging against the objection that nudges fail to treat nudgees as rational agents. Schmidt rejects two theses that have been taken to support the objection: that nudges harness irrational processes in the nudgee, and that they subvert the nudgee’s rationality. Levy rejects a third thesis that may support the objection: that nudges fail to give reasons. I argue that these defences can be extrapolated from nudges to some nonconsensual neurointerventions; if Schmidt’s and (...) Levy’s defences succeed, then some nonconsensual neurointerventions neither harness irrationality, nor subvert rationality, nor fail to give reasons. This, I claim, poses a challenge both to opponents of nonconsensual neurointerventions, and to defenders of nudging. (shrink)

The “staccato run,” in which a runner stops infinitely often while running from one point to another, is a prototypical “superfeat,” that is, a feat involving the completion in a finite time of an infinite sequence of distinct acts. There is no widely accepted demonstration that superfeats are impossible logically, but I argue here, contra Grunbaüm, that they are impossible dynamically. Specifically, I show that the staccato run is excluded by Newton’s three laws of motion, when those laws are supplemented (...) with a defensible philosophical judgment. (shrink)

In this article, I ask whether a principle analogous to the principle of clinical equipoise should govern the design and conduct of RCTs evaluating the effectiveness of policy interventions. I answer this question affirmatively, and introduce and defend the principle of policy equipoise. According to this principle, all arms of a policy RCT must be, at minimum, in a state of equipoise with the best proven policy that is also morally and practically attainable and sustainable. For all arms of a (...) policy RCT, policy experts must either reasonably disagree about whether the trial arms are more effective than this policy, or know that they are. (shrink)

This chapter reviews recent philosophical and neuroethical literature on the morality of moral neuroenhancements. It first briefly outlines the main moral arguments that have been made concerning moral status neuroenhancements. These are neurointerventions that would augment the moral status of human persons. It then surveys recent debate regarding moral desirability neuroenhancements: neurointerventions that augment that the moral desirability of human character traits, motives or conduct. This debate has contested, among other claims (i) Ingmar Persson and Julian Savulescu’s contention that there (...) is a moral imperative to pursue the development of moral desirability neuroenhancements, (ii) Thomas Douglas’ claim that voluntarily undergoing moral desirability neuroenhancements would often be morally permissible, and (iii) David DeGrazia’s claim that moral desirability neuroenhancements would often be morally desirable. The chapter discusses a number of concerns that have been raised regarding moral desirability neuroenhancements, including concerns that they would restrict freedom, would produce only a superficial kind of moral improvement, would rely on technologies that are liable to be misused, and would frequently misfire, resulting in moral deterioration rather than moral improvement. (shrink)

This paper concerns Plato’s characterization of the body as the soul’s tool. I take perception as an example of the body’s usefulness. I explore the Timaeus’ view that perception provides us with models of orderliness. Then, I argue that perception of confusing sensible objects is necessary for our cognitive development too. Lastly, I consider the instrumentality relationship more generally and its place in Plato’s teleological worldview.

We seek to develop a plausible conception of genetic parenthood, taking a recent discussion by Heidi Mertes as our point of departure. Mertes considers two conceptions of genetic parenthood—one invoking genetic resemblance, and the other genetic inheritance—and presents counter-examples to both conceptions. We revise Mertes’ second conception so as to avoid these and related counter-examples.

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

Would compulsory treatment or vaccination for Covid-19 be justified? In England, there would be significant legal barriers to it. However, we offer a conditional ethical argument in favour of allowing compulsory treatment and vaccination, drawing on an ethical comparison with external constraints—such as quarantine, isolation and ‘lockdown’—that have already been authorised to control the pandemic. We argue that, if the permissive English approach to external constraints for Covid-19 has been justified, then there is a case for a similarly permissive approach (...) to compulsory medical interventions. (shrink)

As Socrates famously noted, there is no more important question than how we ought to live. The answer to this question depends on how the reasons that we have for living in various different ways combine and compete. To illustrate, suppose that I've just received a substantial raise. What should I do with the extra money? I have most moral reason to donate it to effective charities but most self-interested reason to spend it on luxuries for myself. So, whether I (...) should live my life as I have most moral reason to live it or as I have most self-interested reason to live it depends on how these and other sorts of reasons combine and compete to determine what I have most reason to do, all things considered. This Element seeks to figure out how different sorts of reasons combine and compete to determine how we ought to live. (shrink)

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...) their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

In 2016, this Journal published an article by Rob Lawlor1 on what we might call the acceptance-refusal asymmetry in competence requirements. This is the view that there can be cases in which a patient is sufficiently competent to accept a treatment, but not sufficiently competent to refuse it. Though the main purpose of Lawlor’s paper was to distinguish this asymmetry from various other asymmetries with which it has sometimes been confused,1 Lawlor also presented a brief case in favour of it. (...) Developing an earlier argument of Ian Wilks’,2 3 Lawlor argued that, when the risks associated with refusing a treatment are graver than those associated with accepting it, a higher level of competence may be required to refuse a treatment than to accept it. This claim could have important implications for the law, since determinations of competence often play a central role in determining the lawfulness of refusing or imposing a treatment. Indeed, the acceptance-refusal asymmetry in competence requirements, or something close to it, has played an important role in court judgments.2 However, Lawlor himself suggests that his conclusion will have practical implications only in a narrow range of cases.3 In this issue, Pickering, Giles Newton-Howes and Simon Walker respond to Lawlor’s piece.4 They deny that competence requirements should depend on the level of risk associated with a decision, and thus that there is any basis for the acceptance-refusal asymmetry in competence requirements. Part of the authors’ argument involves contesting the way in which Lawlor uses cases to support his view. In one case cited by Lawlor—and drawn from Wilks—we are invited to consider a whether …. (shrink)

This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.

Some right acts have what philosophers call moral worth. A right act has moral worth if and only if its agent deserves credit for having acted rightly in this instance. And I argue that an agent deserves credit for having acted rightly if and only if her act issues from an appropriate set of concerns, where the appropriateness of these concerns is a function what her ultimate moral concerns should be. Two important upshots of the resulting account of moral worth (...) are that (1) an act can have moral worth even if it doesn’t manifest a concern for doing what’s right and that (2) an act can lack moral worth even if it is performed for the right reasons. (shrink)