The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what (...) makes crime deserving of punishment, since the wrongfulness of murder is not primarily about unfairness. The second is that it implies that all crimes deserve the same degree of punishment, because all crimes create the same degree of unfairness. These objections are viewed as revealing fatal flaws in the theory. Although Dagger attempts to meet these objections by drawing on political theory, Duff responds that this still draws upon the wrong kind of resources for meeting these objections. This paper argues that these two objections rest on a crucial mistake that has been overlooked by both the defenders and critics of fair-play. This mistake results from failing to distinguish between what justifies punishment as a response to crime (which requires a common element to all crime) and what justifies attaching particular penalties to crimes (which requires making distinctions in the severity of crime). The arguments presented will give reasons to consider fair-play as a viable justification for legal punishment. (shrink)

There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative (...) scheme must reciprocate specifically by submitting to the scheme's rules. (shrink)

The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as (...) the most promising basis for a claim right to obedience. William Edmundson argues that the principle of fair play cannot generate power rights, and so any attempt at a fair play account of legitimacy must fail. I explain how fair play could generate a power right, owing to its stipulation that the rules of a cooperative scheme specify the form of participants' repayment. (shrink)

The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I (...) offer an interpretation of the principle of fair play that emphasizes its similarities to another transactional principle: consent. This interpretation reveals that playing fair requires one to reciprocate specifically by following the rules of the cooperative scheme from which one benefits, just as consent requires one to act according to the terms of an agreement. I then draw on the comparison with consent to reply to some popular and persistent objections to the principle. (shrink)

In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of (...) consent to people commonly thought to be bound to follow the rules by a duty of fair play is implausible. (shrink)

From the school yard to the workplace, there’s no charge more damning than “you’re being unfair!” Born out of democracy and raised in open markets, fairness has become our de facto modern creed. The very symbol of American ethics—Lady Justice—wears a blindfold as she weighs the law on her impartial scale. In our zealous pursuit of fairness, we have banished our urges to like one person more than another, one thing over another, hiding them away as dirty secrets of our (...) humanity. In Against Fairness, polymath philosopher Stephen T. Asma drags them triumphantly back into the light. Through playful, witty, but always serious arguments and examples, he vindicates our unspoken and undeniable instinct to favor, making the case that we would all be better off if we showed our unfair tendencies a little more kindness—indeed, if we favored favoritism. Conscious of the egalitarian feathers his argument is sure to ruffle, Asma makes his point by synthesizing a startling array of scientific findings, historical philosophies, cultural practices, analytic arguments, and a variety of personal and literary narratives to give a remarkably nuanced and thorough understanding of how fairness and favoritism fit within our moral architecture. Examining everything from the survival-enhancing biochemistry that makes our mothers love us to the motivating properties of our “affective community,” he not only shows how we favor but the reasons we should. Drawing on thinkers from Confucius to Tocqueville to Nietzsche, he reveals how we have confused fairness with more noble traits, like compassion and open-mindedness. He dismantles a number of seemingly egalitarian pursuits, from classwide Valentine’s Day cards to civil rights, to reveal the envy that lies at their hearts, going on to prove that we can still be kind to strangers, have no prejudice, and fight for equal opportunity at the same time we reserve the best of what we can offer for those dearest to us. Fed up with the blue-ribbons-for-all absurdity of "fairness" today, and wary of the psychological paralysis it creates, Asma resets our moral compass with favoritism as its lodestar, providing a strikingly new and remarkably positive way to think through all our actions, big and small. (shrink)

Predictive algorithms are playing an increasingly prominent role in society, being used to predict recidivism, loan repayment, job performance, and so on. With this increasing influence has come an increasing concern with the ways in which they might be unfair or biased against individuals in virtue of their race, gender, or, more generally, their group membership. Many purported criteria of algorithmic fairness concern statistical relationships between the algorithm’s predictions and the actual outcomes, for instance requiring that the rate of false (...) positives be equal across the relevant groups. We might seek to ensure that algorithms satisfy all of these purported fairness criteria. But a series of impossibility results shows that this is impossible, unless base rates are equal across the relevant groups. What are we to make of these pessimistic results? I argue that none of the purported criteria, except for a calibration criterion, are necessary conditions for fairness, on the grounds that they can all be simultaneously violated by a manifestly fair and uniquely optimal predictive algorithm, even when base rates are equal. I conclude with some general reflections on algorithmic fairness. (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

In this paper I discuss justice in the distribution of resources, both within states and across different states. On one influential view, it is always unjust for one person to have less than another through no fault of her own. State borders, on this account, have no importance in determining which distributions are just. I show that an alternative approach is needed. I argue that distributions of wealth are only unjust in so far as they issue from unfair treatment. It (...) follows that not all inequalities in the distribution of goods are unjust. I use these results to explain how state borders do play a role in determining which inequalities are unjust, since some of these inequalities issue from unfair treatment of citizens by the state. (shrink)

The article explores the problem of preferable technological changes in the context of work. To this end, it addresses the ‘why’ (motives and values) and the ‘how’ (organizational forms) of automation from a normative perspective. Concerning the ‘why,’ automation processes are currently mostly driven by values of economic efficiency. Yet, since automation processes are part of the basic structure of society, as is the division of labor, considerations of justice apply to them. As for the ‘how,’ the article suggests ‘ (...) class='Hi'>fair hybrid cooperation’ as an alternative ideal to guide automation priorities. It is achieved when the division of labor between humans and machines does not hinder, and preferably enables, workers’ experience of certain primary qualities in their work activity. By analogy with Rawls’ primary goods, these are qualities that it is necessary for every worker to experience in order to pursue their life plans: security, self-direction, self-development, dignity, and recognition. According to this criterion, the tasks to automate first are those hindering these contributive primary qualities. This provides us with a normative vocabulary and a standard to orient automation decisions but also to assess existing organizational forms and envisage alternative cooperative imaginaries. To illustrate how the ideal may play out in the real world, the article concludes with a ‘fair hybrid cooperation test’ and a nurse bots case for meaningful work. (shrink)

The debate on ideal theory focuses mainly on whether it can provide a long-term target and a metric for assessing the justice of different institutional arrangements in non-ideal theory. Both critics and defenders of ideal theory typically overlook the role it plays in a model of fairness that can restrict the range of permissible arrangements under non-ideal conditions. In this paper, I explain ideal theory’s fairness role and its part in ensuring an institutional structure that benefits everyone in a society. (...) Critics of ideal theory therefore cannot reject it as simply useless. But I consider how they can question the attractiveness of an ideal-theory-based fairness constraint on non-ideal theory. (shrink)

In this article I explore two accounts of the Fallacy of Many Questions made famous by the question "Have you stopped beating your wife?" The accounts are from the works of Lennart Aqvist and Noel Belnap, and the two authors differ in their accounts of the fallacy. Then I give my own account based on understanding a facet of erotetic logic, i. e., the logic of questions.

Three recent research reports by Topping and Trickey, by Fair and colleagues, and by Gorard, Siddiqui and Huat See have produced data that support the conclusion that a Philosophy for Children program of one-hour-per-week structured discussions has a marked positive impact on students. This article presents data from a follow up study done three years after the completion of the study reported in Fair et al.. The data show that the positive gains in scores on the Cognitive Abilities (...) Test were still present and had not faded after three years. Given the strength of these confirmations of the positive durable impact of the P4C program of structured discussions and given the relatively low cost of implementing the P4C program, it is recommended that it become a standard part of the school curriculum. (shrink)

Non‐governmental aid programs are an important source of health care for many people in the developing world. Despite the central role non‐governmental organizations play in the delivery of these vital services, for the most part they either lack formal systems of accountability to their recipients altogether, or have only very weak requirements in this regard. This is because most NGOs are both self‐mandating and self‐regulating. What is needed in terms of accountability is some means by which all the relevant (...) stakeholders can have their interests represented and considered. An ideally accountable decision‐making process for NGOs should identify acceptable justifications and rule out unacceptable ones. Thus, the point of this paper is to evaluate three prominent types of justification given for decisions taken at the Dutch headquarters of Médecins sans Frontières. They are: population health justifications, mandate‐based justifications and advocacy‐based justifications. The central question at issue is whether these justifications are sufficiently robust to answer the concerns and objections that various stakeholders may have. I am particularly concerned with the legitimacy these justifications have in the eyes of project beneficiaries. I argue that special responsibilities to certain communities can arise out of long‐term engagement with them, but that this type of priority needs to be constrained such that it does not exclude other potential beneficiaries to an undesirable extent. Finally, I suggest several new institutional mechanisms that would enhance the overall equity of decisions and so would ultimately contribute to the legitimacy of the organization as a whole. (shrink)

We argue that charging people to participate in research is likely to undermine the fundamental ethical bases of clinical research, especially the principles of social value, scientific validity, and fair subject selection.

We sought to compare the implicit and explicit views of a group of Muslim graduates on the fairness of Islamic law. In this preliminary investigation, we used the Electroencephalographic N400 Event Related Potential to detect the participant’s implicit beliefs. It was found that the majority of participants, eight out of ten, implicitly held that Islamic Law was unfair despite explicitly stating the opposite. In seeking to understand what separated these eight participants from the remaining two – the two who both (...) implicitly and explicitly held that Islamic Law was fair – only two distinguishing characteristics could be identified. Both participants had undertaken an in-depth study of a branch of Islamic law that places the spirit of the law above that of a literal interpretation. They had also attended the same seminary, exclusive to the other participants. Of the eight participants, it was discovered that, while they implicitly held Islamic law to be unfair, they also held it to be rational – in the same way they found that it was rational to push a person of a ship in order to save the remaining from drowning, yet unfair. We discuss these preliminary findings and consider theories on how an innate sense of fairness, an aspect of nativism, may come into play when it is not congruent with a participant’s own beliefs. Further, we ask, where such an inconsistency occurs, how does the mind attempt to rectify it – if at all? As a possible contribution to the discussion on theories of nativism vs. empiricism we put forward a hypothesis and methodology for investigation that may produce previously unconsidered data on human nature. (shrink)

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

I give a new argument for the moral difference between lying and misleading. First, following David Lewis, I hold that conventions of truthfulness and trust fix the meanings of our language. These conventions generate fair play obligations. Thus, to fail to conform to the conventions of truthfulness and trust is unfair. Second, I argue that the liar, but not the misleader, fails to conform to truthfulness. So the liar, but not the misleader, does something unfair. This account entails (...) that bald-faced lies are wrong, that we can lie nonlinguistically, and that linguistic innovation is morally significant. (shrink)

Most advanced industrial societies are ‘work-centered,’ according high value and prestige to work. Indeed, belief in an interpersonal moral duty to work is encoded in both popular attitudes toward work and in policies such as ‘workfare’. Here I argue that despite the intuitive appeal of reciprocity or fair play as the moral basis for a duty to work, the vast majority of individuals in advanced industrialized societies have no such duty to work. For current economic conditions, labor markets, (...) and government policies entail that the conditions for a reciprocity-based argument to apply to most workers are not usually met. More specifically, many workers fail to provide valuable goods through working or their working does not result in net social benefit. Concurrently, many workers do not receive adequate benefits from working in that they neither have their basic needs met or do not even enjoy an improvement in welfare thanks to working. Hence, workers neither provide nor receive the benefits needed for a reciprocity-based duty to work to apply to them. Furthermore, these conditions are conditions over which workers themselves have very little control. Most workers therefore could not fulfill their ostensible duty to work even if they made conscientious efforts to do so. In most cases, a person who fails to work morally wrongs no one, and in the case of any particular individual or worker, the defeasible presumption ought to be that she has no duty to work. (shrink)

When Wittgenstein was young, he wrote a small book intended to solve all of philosophy’s problems with language, called Tractatus Logico-Philosophicus (1922). As an intellectual piece, the Tractatus is a strange beast, written by a student with the voice of a professor. Its process of creation resembles that of a fictional piece: the author is struck by inspiration, labours in solitude, and then translates the vision onto paper. Yet the Tractatus was not meant to be a work of fiction, rather (...) to have the final say in a conceptual debate about the relation between language and world. This little book was meant to be the end of all philosophical conversation, the final nail in its coffin. Written outside the university, the Tractatus had the ambition of ending the academic conversation in philosophy, while it refused to engage with that conversation. This was not fair-play on any account. The Tractatus was never intended to be an academic text; it had no footnotes, no references to other authors. It was a vision of language that Wittgenstein had shared with the world. (shrink)

IntroductionAssociative theories of political obligation offer a fresh alternative to approaches such as social contract theory, fair play, and the natural duty of justice. Few suggestions in ethics are more intuitive than the idea that we have special obligations to our family and friends, just in virtue of our relationships with them, and it is reasonable that obligations to political society are also grounded through association.A basic question for associative theories is to explain how associations give rise to (...) obligation, but here there is a common error. Many associative theorists and their critics take this question to be equivalent to the question: what distinguishes associations that are morally acceptable from those that are not? The assumption is that associations which are morally acceptable are those that give rise to obligations. However, this assumption is wrong in two ways. Associations that have some unacceptable features may still give rise to obl .. (shrink)

The Olympic Games are a sporting event guided by philosophy. The modern Olympic Charter calls this philosophy “Olympism” and boldly states its goal as nothing less than “the harmonious development of humankind” and the promotion of “a peaceful society concerned with the preservation of human dignity.” The ideas and ideals behind Olympism, however, are ancient—tracing their roots to archaic and classical Greece, just like the Games do. This collection of essays explores the ancient Hellenic roots of Olympic philosophy and explain (...) their application to modern sport. It examines the philosophical heritage of the Games, the ethics implied by Olympic values of sport, the educational goals of sport, the relations between justice and fair play, the political ideals of peace and world community, and modern challenge of multiculturalism as expressed in the philosophical contrasts between East and West. To understand the beauty, challenges, politics, and potential of the Olympic Games, we must first understand Olympic philosophy. (shrink)

The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not (...) depend on our having special ties to these institutions, special ties of the sort we have to the institutions of our own government. I argue that we do not need to appeal to the idea of a natural duty to justify compliance with many laws. For example, New Zealanders must not murder, rape, or steal while in France, not because they have a duty to obey laws of a just state, but because it is wrong to murder, rape, or steal. If the natural duty theory is taken to be a statement of the conditions necessary for an obligation to exist, it would wrongly conclude there is no duty to obey laws against murder or rape in a state whose institutions and laws are not just. A second class of laws reflect not moral judgments but, rather, local conventions, conventions that are morally arbitrary but which may be useful in coordinating action. For example, New Zealanders visiting France must drive on the right side of the road, as dictated by French convention. Here, too, the natural duty theory fails to provide a suitable account of the relation noncitizens have to such laws. Our reasons for driving on the right side of the road when this is accepted convention have nothing to do with the justice of the institutions of the state. To flout this convention is not to undermine justice since there is nothing just or unjust about driving on one side of the road or another. I question the advantages of the natural duty theory, especially in light of important ambiguities in the theory. (shrink)

James Olson, author of the book Fair Play: The Moral Dilemmas of Spying (p.15), questions “What actions by a state are permissible in pursuing the state’s interests? Are lying, cheating, manipulation, deception, coercion and other techniques of espionage and covert action justifiable in national self-defense?” To expand his thought, to that end, I say, “Can different moral and ethical theories co-exist during war or conflict?” Can we extend our range of options in dealing with terrorism globally in an (...) effort to satisfy our national security objectives using principles outlined in the many moral and ethical theories? In short answer, yes. This paper will address moral and ethical theories that I believe justify the use of a range of options or extended options to combat terrorism to meet our national security objectives without severely corrupting our universal morals or ethics. -/- Strictly speaking from a theory basis, and a common sense approach-with no religious affirmations-I ascribe to a combination of principles of the Just War theory and Moral Absolutism philosophy. It is my belief that we cannot engage terrorists’ Realpolitik and normative ethical relativist frame-of- mind to justify the use of force based on one moral or ethical theory or philosophy. A combination of principles from the Just War theory and Moral Absolutism philosophy can morally and ethically justify engagement in combating terrorism. (shrink)

What is a game? What are we doing when we play a game? What is the value of playing games? Several different philosophical subdisciplines have attempted to answer these questions using very distinctive frameworks. Some have approached games as something like a text, deploying theoretical frameworks from the study of narrative, fiction, and rhetoric to interrogate games for their representational content. Others have approached games as artworks and asked questions about the authorship of games, about the ontology of the (...) work and its performance. Yet others, from the philosophy of sport, have focused on normative issues of fairness, rule application, and competition. The primary purpose of this article is to provide an overview of several different philosophical approaches to games and, hopefully, demonstrate the relevance and value of the different approaches to each other. Early academic attempts to cope with games tried to treat games as a subtype of narrative and to interpret games exactly as one might interpret a static, linear narrative. A faction of game studies, self-described as “ludologists,” argued that games were a substantially novel form and could not be treated with traditional tools for narrative analysis. In traditional narrative, an audience is told and interprets the story, where in a game, the player enacts and creates the story. Since that early debate, theorists have attempted to offer more nuanced accounts of how games might achieve similar ends to more traditional texts. For example, games might be seen as a novel type of fiction, which uses interactive techniques to achieve immersion in a fictional world. Alternately, games might be seen as a new way to represent causal systems, and so a new way to criticize social and political entities. Work from contemporary analytic philosophy of art has, on the other hand, asked questions whether games could be artworks and, if so, what kind. Much of this debate has concerned the precise nature of the artwork, and the relationship between the artist and the audience. Some have claimed that the audience is a cocreator of the artwork, and so games are a uniquely unfinished and cooperative art form. Others have claimed that, instead, the audience does not help create the artwork; rather, interacting with the artwork is how an audience member appreciates the artist's finished production. Other streams of work have focused less on the game as a text or work, and more on game play as a kind of activity. One common view is that game play occurs in a “magic circle.” Inside the magic circle, players take on new roles, follow different rules, and actions have different meanings. Actions inside the magic circle do not have their usual consequences for the rest of life. Enemies of the magic circle view have claimed that the view ignores the deep integration of game life from ordinary life and point to gambling, gold farming, and the status effects of sports. Philosophers of sport, on the other hand, have approached games with an entirely different framework. This has lead into investigations about the normative nature of games—what guides the applications of rules and how those rules might be applied, interpreted, or even changed. Furthermore, they have investigated games as social practices and as forms of life. (shrink)

This paper aims to analyse the relationship that exists between state capture, party patronage, and the conduct of electoral processes in the settings of post-communist countries, of which Albania is one. A characteristic of the political developments of the transition period in many post-communist countries has been the phenomenon of state capture, which has occurred mainly through the endemic party patronage and politicization of state institutions. The phenomenon of state capture by the ruling political parties has had a negative conditional (...) impact on the conduct of competitive, free and fair elections in these countries, leading to distrust regarding the credibility and integrity of the process. This study argues that phenomena such as state capture and extensive party patronage as informal practices/mechanisms in the hands of the ruling political parties affect the creation of a skewed playing field and the production of hyper-incumbency advantages in holding electoral contests between political parties, making the possibility of political power rotations difficult. Albania, in the case of its last parliamentary elections, held on 25th April 2021, constitutes the case study (Section IV) to which the theoretical framework of the paper is applied, by identifying the informal practices and methods through state capture that the ruling political party used to provide structural, institutional, and financial advantages in its favour regarding elections. (shrink)

In a beautiful recent essay, the philosopher Walter Sinnott-Armstrong explains the reasons for his departure from evangelical Christianity, the religious culture in which he was brought up. Sinnot-Armstrong contrasts the interpretive methods used by good philosophers and fundamentalist believers: Good philosophers face objections and uncertainties. They follow where arguments lead, even when their conclusions are surprising and disturbing. Intellectual honesty is also required of scholars who interpret philosophical texts. If I had distorted Kant’s view to make him reach a conclusion (...) that I preferred, then my philosophy professor would have failed me. The contrast with religious reasoning is stark. My Christian friends seemed happy to hide serious problems in the Bible and in their arguments. They preferred comfort to intellectual honesty. I couldn’t. To what extent can we, historians of philosophy, claim the virtue of intellectual honesty? Speaking frankly, I do not find the practice criticized by Sinnot-Armstrong’s philosophy professor rare or unusual at all. We very frequently distort the views of past philosophers in order to reach the conclusions we prefer. We just call it “Charitable Interpretation.” In this essay, I discuss and criticize the logic behind so-called charitable interpretations in the history of philosophy. This phenomenon is ubiquitous and is not at all restricted to a particular philosophical strand or ideology. Analytic philosophers and post-modernists, Marxists, liberals, secularists, and fundamentalists, we all engage in the very same domestication project. Even more disturbing than the sheer ideological pervasiveness of this phenomenon is the fact that, on many occasions, superb philosophers and historians take part in this fairly childish endeavor. In the first part of this essay, I discuss the general logic of charitable interpretations in the history of philosophy, mostly by addressing discussions in metaphysics and epistemology. In the second part, I focus on the somewhat less noticed use of charitable interpretations in the study of political philosophy, and point out the quintessential role ideology plays in these discussions. In both parts, I concentrate mostly on the interpretation of Spinoza’s thought. I do so not because I have special fondness for Spinoza (“guilty as charged,” I admit), but because Spinoza is such a beast (and may I add, an enchanting beast) and attracts a disproportionate share of the domestication efforts from historians and philosophers of all creeds and persuasions. In the third and final part of the paper, I will begin to outline an alternative methodology, which suggests that past philosophers can be most relevant to our current philosophical discussion, to the extent that they provide us with well-motivated challenges to our common-sense beliefs. Such challenges have the invaluable virtue of being able to undermine our most fundamental and secure beliefs, and force us to engage with the most fundamental questions. What more can we expect from good philosophy? (shrink)

One thousand fair causally isolated coins will be independently flipped tomorrow morning and you know this fact. I argue that the probability, conditional on your knowledge, that any coin will land tails is almost 1 if that coin in fact lands tails, and almost 0 if it in fact lands heads. I also show that the coin flips are not probabilistically independent given your knowledge. These results are uncomfortable for those, like Timothy Williamson, who take these probabilities to (...) class='Hi'>play a central role in their theorizing. (shrink)

Parmenides may fairly be said to have undertaken two parallel efforts: first, to offer a persuasive account of the nature of ‘what-is’ (to eon); and second, to establish ‘it is’ as the only true and trustworthy way of speaking and thinking about what-is. Fragment 7.3-6 plays a crucial role in this latter effort when Parmenides’ goddess directs the youth to put aside all information obtained through sense perception and instead ‘judge by reason the poludêris elenchos spoken by me.’ Although the (...) meaning of the phrase has been variously understood, I argue that it is properly taken to mean ‘a much-contested testing’ (of the possible ways of inquiry). In characterizing the elenchos as poludêris or ‘much contested’ the goddess is asserting that the decision to follow the ‘it is’ route of inquiry must be continually reaffirmed against the pull of custom and sense experience. (shrink)

Epistemic states of uncertainty play important roles in ethical and political theorizing. Theories that appeal to a “veil of ignorance,” for example, analyze fairness or impartiality in terms of certain states of ignorance. It is important, then, to scrutinize proposed conceptions of ignorance and explore promising alternatives in such contexts. Here, I study Lerner’s probabilistic egalitarian theorem in the setting of imprecise probabilities. Lerner’s theorem assumes that a social planner tasked with distributing income to individuals in a population is (...) “completely ignorant” about which utility functions belong to which individuals. Lerner models this ignorance with a certain uniform probability distribution, and shows that, under certain further assumptions, income should be equally distributed. Much of the criticism of the relevance of Lerner’s result centers on the representation of ignorance involved. Imprecise probabilities provide a general framework for reasoning about various forms of uncertainty including, in particular, ignorance. To what extent can Lerner’s conclusion be maintained in this setting? (shrink)

Turing’s much debated test has turned 70 and is still fairly controversial. His 1950 paper is seen as a complex and multilayered text, and key questions about it remain largely unanswered. Why did Turing select learning from experience as the best approach to achieve machine intelligence? Why did he spend several years working with chess playing as a task to illustrate and test for machine intelligence only to trade it out for conversational question-answering in 1950? Why did Turing refer to (...) gender imitation in a test for machine intelligence? In this article, I shall address these questions by unveiling social, historical and epistemological roots of the so-called Turing test. I will draw attention to a historical fact that has been only scarcely observed in the secondary literature thus far, namely that Turing’s 1950 test emerged out of a controversy over the cognitive capabilities of digital computers, most notably out of debates with physicist and computer pioneer Douglas Hartree, chemist and philosopher Michael Polanyi, and neurosurgeon Geoffrey Jefferson. Seen in its historical context, Turing’s 1950 paper can be understood as essentially a reply to a series of challenges posed to him by these thinkers arguing against his view that machines can think. Turing did propose gender learning and imitation as one of his various imitation tests for machine intelligence, and I argue here that this was done in response to Jefferson's suggestion that gendered behavior is causally related to the physiology of sex hormones. (shrink)

Mirror neurons are widely regarded as an important key to social cognition. Despite such wide agreement, there is very little consensus on how or why they are important. The goal of this paper is to clearly explicate the exact role mirror neurons play in social cognition. I aim to answer two questions about the relationship between mirroring and social cognition: What kind of social understanding is involved with mirroring? How is mirroring related to that understanding? I argue that philosophical (...) and empirical considerations lead us to accord a fairly minimal role for mirror neurons in social cognition. (shrink)

Waiting time is widely used in health and social policy to make resource allocation decisions, yet no general account of the moral significance of waiting time exists. We provide such an account. We argue that waiting time is not intrinsically morally significant, and that the first person in a queue for a resource does not ipso facto have a right to receive that resource first. However, waiting time can and sometimes should play a role in justifying allocation decisions. First, (...) there is a duty of fairness prohibiting line-cutting where a sufficiently just queue exists. Second, waiting time has several morally attractive features that can justify its incorporation into allocation schemes. Where candidates are in relevantly similar circumstances, allocating by waiting time is relatively efficient, maximizes distribution equality relative to other Pareto efficient distributions, and treats candidates fairly. The claim that allocation using waiting time is fair is controversial. Some have claimed that formal lotteries are a fairer way to select among equal beneficiaries. We argue that lotteries are no fairer than allocation based on waiting time when it is equiprobable how a prospective queue will be ordered. In practice, lotteries share many of the disadvantages of queues; which is fairer will depend on contingent features of the allocation scenario. The upshot is that first-come, first-served is in fact a just way to allocate resources in many of the cases where it seems pre-theoretically compelling, and waiting time has unique normative properties which frequently justify its incorporation into resource allocation schemes. (shrink)

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach. This is a reply to Burke.

Many defend the thesis that when someone knows p, they couldn’t easily have been wrong about p. But the notion of easy possibility in play is relatively undertheorized. One structural idea in the literature, the principle of Counterfactual Closure (CC), connects easy possibility with counterfactuals: if it easily could have happened that p, and if p were the case, then q would be the case, it follows that it easily could have happened that q. We first argue that while (...) CC is false, there is a true restriction of it to cases involving counterfactual dependence on a coin flip. The failure of CC falsifies a model where the easy possibilities are counterfactually similar to actuality. Next, we show that extant normality models, where the easy possibilities are the sufficiently normal ones, are incompatible with the restricted CC thesis involving coin flips. Next, we develop a new kind of normality theory that can accommodate the restricted version of CC. This new theory introduces a principle of Counterfactual Contamination, which says roughly that any world is fairly abnormal if at that world very abnormal events counterfactually depend on a coin flip. Finally, we explain why coin flips and other related events have a special status. A central take home lesson is that the correct principle in the vicinity of Safety is importantly normality-theoretic rather than (as it is usually conceived) similarity-theoretic. (shrink)

The epistemic basic structure of a society consists of those institutions that have the greatest impact on individuals’ opportunity to obtain knowledge on questions they have an interest in as citizens, individuals, and public officials. It plays a central role in the production and dissemination of knowledge and in ensuring that people have the capability to assimilate this knowledge. It includes institutions of science and education, the media, search engines, libraries, museums, think tanks, and various government agencies. This article identifies (...) two demands of justice that apply specifically to the institutions that belong to it. First, the epistemic basic structure should serve all citizens fairly and reliably. It should provide them with the opportunity to acquire knowledge they need for their deliberations about the common good, their individual good, and how to pursue them. Second, the epistemic basic structure should produce and disseminate the knowledge that various experts and public officials need to successfully pursue justice and citizens need to effectively exercise their rights. After arguing for these duties, I discuss what policies follow from them and respond to the worry that these duties have illiberal implications. (shrink)

Does the human mind resemble the machines that can behave like it? Biologically inspired machine-learning systems approach “human-level” accuracy in an astounding variety of domains, and even predict human brain activity—raising the exciting possibility that such systems represent the world like we do. However, even seemingly intelligent machines fail in strange and “unhumanlike” ways, threatening their status as models of our minds. How can we know when human–machine behavioral differences reflect deep disparities in their underlying capacities, vs. when such failures (...) are only superficial or peripheral? This article draws on a foundational insight from cognitive science—the distinction between performance and competence—to encourage “species-fair” comparisons between humans and machines. The performance/competence distinction urges us to consider whether the failure of a system to behave as ideally hypothesized, or the failure of one creature to behave like another, arises not because the system lacks the relevant knowledge or internal capacities (“competence”), but instead because of superficial constraints on demonstrating that knowledge (“performance”). I argue that this distinction has been neglected by research comparing human and machine behavior, and that it should be essential to any such comparison. Focusing on the domain of image classification, I identify three factors contributing to the species-fairness of human–machine comparisons, extracted from recent work that equates such constraints. Species-fair comparisons level the playing field between natural and artificial intelligence, so that we can separate more superficial differences from those that may be deep and enduring. (shrink)

Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we validated (...) the existence of phantom rules and found evidence for their motivated enforcement. First, people played a modified Dictator Game with a novel frequently broken and rarely enforced rule (i.e., a phantom rule). People enforced this rule more often when the “dictator” was selfish (vs. fair) even though the rule only proscribed fractional offers (not selfishness). Then we turned to third person judgments of the U.S. legal system. We found these violations are recognizable to participants as both illegal and commonplace (Experiment 2), differentiable from violations of prototypical laws (Experiments 3) and enforced in a motivated way (Experiments 4a and 4b). Phantom rule violations (but not prototypical legal violations) are seen as more justifiably punished when the rule violator has also violated a social norm (vs. rule violation alone)—unless the motivation to punish has been satiated (Experiment 5). Phantom rules are frequently broken, codified rules. Consequently, their apparent punishability is ambiguous, and their enforcement is particularly susceptible to third party motives. (shrink)

Philosophy is a reflective activity. So perhaps it is unsurprising that many philosophers have claimed that reflection plays an important role in shaping and even improving our philosophical thinking. This hypothesis seems plausible given that training in philosophy has correlated with better performance on tests of reflection and reflective reasoning has correlated with demonstrably better judgments in a variety of domains. This article reviews the hypothesized roles of reflection in philosophical thinking as well as the empirical evidence for these roles. (...) This reveals that although there are fairly reliable links between reflection and philosophical judgment among both laypeople and philosophers, the role of reflection in philosophical thinking may nonetheless depend in part on other factors, some of which have yet to be determined. So progress in research on reflection in philosophy may require further innovation in experimental methods and psychometric validation of philosophical measures. (shrink)

The use of counterfactuals for considerations of algorithmic fairness and explainability is gaining prominence within the machine learning community and industry. This paper argues for more caution with the use of counterfactuals when the facts to be considered are social categories such as race or gender. We review a broad body of papers from philosophy and social sciences on social ontology and the semantics of counterfactuals, and we conclude that the counterfactual approach in machine learning fairness and social explainability can (...) require an incoherent theory of what social categories are. Our findings suggest that most often the social categories may not admit counterfactual manipulation, and hence may not appropriately satisfy the demands for evaluating the truth or falsity of counterfactuals. This is important because the wide- spread use of counterfactuals in machine learning can lead to misleading results when applied in high-stakes domains. Accordingly, we argue that even though counterfactuals play an essential part in some causal inferences, their use for questions of algorithmic fairness and social explanations can create more problems than they resolve. Our positive result is a set of tenets about using counterfactuals for fairness and explanations in machine learning. (shrink)

Newton’s impact on Enlightenment natural philosophy has been studied at great length, in its experimental, methodological and ideological ramifications. One aspect that has received fairly little attention is the role Newtonian “analogies” played in the formulation of new conceptual schemes in physiology, medicine, and life science as a whole. So-called ‘medical Newtonians’ like Pitcairne and Keill have been studied; but they were engaged in a more literal project of directly transposing, or seeking to transpose, Newtonian laws into quantitative models of (...) the body. I am interested here in something different: neither the metaphysical reading of Newton, nor direct empirical transpositions, but rather, a more heuristic, empiricist construction of Newtonian analogies. Figures such as Haller, Barthez, and Blumenbach constructed analogies between the method of celestial mechanics and the method of physiology. In celestial mechanics, they held, an unknown entity such as gravity is posited and used to mathematically link sets of determinate physical phenomena (e.g., the phases of the moon and tides). This process allows one to remain agnostic about the ontological status of the unknown entity, as long as the two linked sets of phenomena are represented adequately. Haller et. al. held that the Newtonian physician and physiologist can similarly posit an unknown called ‘life’ and use it to link various other phenomena, from digestion to sensation and the functioning of the glands. These phenomena consequently appear as interconnected, goal-oriented processes which do not exist either in an inanimate mechanism or in a corpse. In keeping with the empiricist roots of the analogy, however, no ontological claims are made about the nature of this vital principle, and no attempts are made to directly causally connect such a principle and observable phenomena. The role of the “Newtonian analogy” thus brings together diverse schools of thought, and cuts across a surprising variety of programs, models and practices in natural philosophy. (shrink)

At the centre of Arthur Prior’s ‘Thank goodness’ argument for the A-theory of time is a particular form of relief. Time must objectively pass, Prior argues, or else the relief felt when a painful experience has ended is not intelligible. In this paper, I offer a detailed analysis of the type of relief at issue in this argument, which I call temporal relief, and distinguish it from another form of relief, which I refer to as counterfactual relief. I also argue (...) that existing discussions of the ‘Thank goodness’ argument—including Prior’s own—fail to give a satisfactory account of temporal relief, and that it needs to be seen as an emotion linked to the ability to engage in fairly sophisticated forms of planning. I also suggest that this has an impact on Prior’s claim that the idea of points in time plays no fundamental role in the semantic analysis of tenses. (shrink)

Background Retraction is a mechanism for alerting readers to unreliable material and other problems in the published scientific and scholarly record. Retracted publications generally remain visible and searchable, but the intention of retraction is to mark them as “removed” from the citable record of scholarship. However, in practice, some retracted articles continue to be treated by researchers and the public as valid content as they are often unaware of the retraction. Research over the past decade has identified a number of (...) factors contributing to the unintentional spread of retracted research. The goal of the Reducing the Inadvertent Spread of Retracted Science: Shaping a Research and Implementation Agenda (RISRS) project was to develop an actionable agenda for reducing the inadvertent spread of retracted science. This included identifying how retraction status could be more thoroughly disseminated, and determining what actions are feasible and relevant for particular stakeholders who play a role in the distribution of knowledge. -/- Methods These recommendations were developed as part of a year-long process that included a scoping review of empirical literature and successive rounds of stakeholder consultation, culminating in a three-part online workshop that brought together a diverse body of 65 stakeholders in October–November 2020 to engage in collaborative problem solving and dialogue. Stakeholders held roles such as publishers, editors, researchers, librarians, standards developers, funding program officers, and technologists and worked for institutions such as universities, governmental agencies, funding organizations, publishing houses, libraries, standards organizations, and technology providers. Workshop discussions were seeded by materials derived from stakeholder interviews (N = 47) and short original discussion pieces contributed by stakeholders. The online workshop resulted in a set of recommendations to address the complexities of retracted research throughout the scholarly communications ecosystem. -/- Results The RISRS recommendations are: (1) Develop a systematic cross-industry approach to ensure the public availability of consistent, standardized, interoperable, and timely information about retractions; (2) Recommend a taxonomy of retraction categories/classifications and corresponding retraction metadata that can be adopted by all stakeholders; (3) Develop best practices for coordinating the retraction process to enable timely, fair, unbiased outcomes; and (4) Educate stakeholders about pre- and post-publication stewardship, including retraction and correction of the scholarly record. -/- Conclusions Our stakeholder engagement study led to 4 recommendations to address inadvertent citation of retracted research, and formation of a working group to develop the Communication of Retractions, Removals, and Expressions of Concern (CORREC) Recommended Practice. Further work will be needed to determine how well retractions are currently documented, how retraction of code and datasets impacts related publications, and to identify if retraction metadata (fails to) propagate. Outcomes of all this work should lead to ensuring retracted papers are never cited without awareness of the retraction, and that, in public fora outside of science, retracted papers are not treated as valid scientific outputs. (shrink)

This article is the second step in our research into the Symbol Grounding Problem (SGP). In a previous work, we defined the main condition that must be satisfied by any strategy in order to provide a valid solution to the SGP, namely the zero semantic commitment condition (Z condition). We then showed that all the main strategies proposed so far fail to satisfy the Z condition, although they provide several important lessons to be followed by any new proposal. Here, we (...) develop a new solution of the SGP. It is called praxical in order to stress the key role played by the interactions between the agents and their environment. It is based on a new theory of meaning—Action-based Semantics (AbS)—and on a new kind of artificial agents, called two-machine artificial agents (AM²). Thanks to their architecture, AM2s implement AbS, and this allows them to ground their symbols semantically and to develop some fairly advanced semantic abilities, including the development of semantically grounded communication and the elaboration of representations, while still respecting the Z condition. (shrink)

What triggers the execution of actions? What happens in that moment when an action is triggered? What mental state is there at the moment of action-execution that was not there a second before? My aim is to highlight the importance of a thus far largely ignored kind of mental state in the discussion of these old and much-debated questions: motor imagery. While there have been a fair amount of research in psychology and neuroscience on motor imagery in the last (...) 30 years or so, it is only recently that we start to understand the important role motor imagery plays in action initiation. And if, as these findings suggest, motor imagery plays an important role in action initiation, we can make progress not only in understanding action initiation in general but also in understanding what goes wrong in akratic actions and in relapse actions. Finally, this new picture of action-initiation also has far-reaching consequences for the relation between motivation and causation in naturalistic action-explanations. (shrink)

A recent empirical study claims to show that the answer to Molyneux’s question is negative, but, as John Schwenkler points out, its findings are inconclusive: Subjects tested in this study probably lacked the visual acuity required for a fair assessment of the question. Schwenkler is undeterred. He argues that the study could be improved by lowering the visual demands placed on subjects, a suggestion later endorsed and developed by Kevin Connolly. I suggest that Connolly and Schwenkler both underestimate the (...) difficulties involved in rectifying the study they seek to fix. The problem is that the experimental paradigm under consideration fails to account for the role that rational inference plays in newly sighted subjects’ ability or inability to recognize spatial properties across modalities. Since answering Molyneux’s question requires establishing whether spatial properties can be recognized, across modalities, by newly sighted subjects without recourse to rational inference, this is a problem. Indeed, it is a problem that may be worsened by Schwenkler and Connolly’s suggestions regarding the lowering of visual demands on subjects in cross-modal matching tasks. (shrink)

Why do we have social norms—of fairness, cooperation, trust, property, or gender? Modern-day Humeans, as I call them, believe these norms are best accounted for in cultural evolutionary terms, as adaptive solutions to recurrent problems of social interaction. In this paper, I discuss a challenge to this “Humean Program.” Social norms involve widespread behaviors, but also distinctive psychological attitudes and dispositions. According to the challenge, Humean accounts of norms leave their psychological side unexplained. They explain, say, why we share equally, (...) but not why we disapprove of those who don’t. I defend the Humean Program against this challenge. In particular, I suggest an idea for how to extend the Program to account for the psychological side of norms. Socially adaptive behaviors aren’t just likely to emerge in a group; They are also likely to be widely taught within it. The transmission of these behaviors through instruction explains why they are associated with distinctive normative attitudes and dispositions. These attitudes play a pedagogical role in helping transmit these behaviors to children and newcomers. (shrink)

If there is to be any progress in the debate about what sort of positive moral status Kant can give the emotions, we need a taxonomy of the terms Kant uses for these concepts. It used to be thought that Kant had little room for emotions in his ethics. In the past three decades, Marcia Baron, Paul Guyer, Barbara Herman, Nancy Sherman, Allen Wood and others have argued otherwise. Contrary to what a cursory reading of the Groundwork may indicate, Kant (...) thinks the emotions play an important role in the moral life. I want to extend the work of Baron, Guyer, Herman, Sherman and Wood in three ways. First, I will set out in a diagram Kant's taxonomy of feelings and emotions. Agreement on such a taxonomy should make it easier to evaluate debates about Kant and the emotions. Second, I will focus on a certain subclass of emotions – reason-caused affects – that have previously received little attention, even from these Kant scholars. Third, these scholars base much of their defence of Kant on his later works – especially the Metaphysics of Morals and the Anthropology – but Kant's fairly rich taxonomy of the emotions, including reason-caused affects, is clearly in place at least as early as the Critique of Judgment . I believe that the Critique of Judgment is an importantly ignored resource for understanding the moral role of the emotions for Kant. The third Critique makes positive, philosophically interesting claims about the emotions and morality. Kant emphasizes certain roles for emotions in this work that he develops to the same extent nowhere else. Nevertheless, the Critique of Judgment goes all but unmentioned by many who write on these issues. In what follows, I will defend as many of my claims as possible using the third Critique. (shrink)

This paper is about a topic in the semantics of interrogatives.1 In what follows a number of assumptions figure at the background which, though intuitively appealing, have not gone unchallenged, and it seems therefore only fair to draw the reader’s attention to them at the outset. The first assumption concerns a very global intuition about the kind of semantic objects that we associate with interrogatives. The intuition is that there is an intimate relationship between interrogatives and their answers: an (...) interrogative determines what counts as an answer.2 Given a certain, independently motivated, view on what constitutes the meaning of an answer, this intuition, in return, determines what constitutes the meaning of an interrogative. For example, starting from the observation that answers are true or false in situations, we may be led to the view that answers express propositions, i.e., objects which determine a truth value in a situation. Given that much, our basic intuition says that interrogatives are to be associated with objects which determine propositions. Such objects will be referred to as ‘questions’ in what follows. Notice that all this is largely framework independent: we have made no assumptions yet about what situations, propositions, and questions are, we have only related them in a certain systematic way. In fact we will use a more or less standard, but certainly not uncontroversial, specification in what follows: situations are identified with (total) possible worlds; propositions with sets of worlds; and questions with equivalence relations on the set of worlds. The second assumption that plays a role in what follows is of a more linguistic nature. Interrogatives typically occur in two ways: as independent expressions, and as complements of certain verbs. The assumption is that these two ways of occurring are systematically related, not just syntactically but also semantically.3 Notice that the exact nature of this relationship is underdeter.. (shrink)

The practice of official apology has a fairly poor reputation. Dismissed as ‘crocodile tears’ or cheap grace, such apologies are often seen by the public as an easy alternative to more punitive or expensive ways of taking real responsibility. I focus on what I call the role-playing criticism: the argument that someone who offers an apology in public cannot be appropriately apologetic precisely because they are only playing a role. I offer a qualified defence of official apologies against this objection, (...) considering them through the lens of fiduciary duties. This focus draws our attention to formal or impersonal relationships that are nevertheless normatively rich, capable of sustaining trust, concern, and care. At the same time, I highlight several pitfalls for fiduciary apologisers, including the tension between apology as a mode of truth telling and the duty of confidentiality. I consider whether the fiduciary apologiser, in reflecting on her fiduciary obligations, has ‘one thought too many’ for genuine apology, and argue that the issue of mixed motives is not limited to fiduciary contexts, cautioning against excessive idealism in our conception of apology. I conclude with some reflections on possible conflicts between fiduciary obligations and the conscientious desire to apologise. (shrink)