Earthbodies describes how our bodies are open circuits to a sensual magic and planetary care that when closed off leads to disastrous detours, such as illness, ...

On rationalist infallibilism, a wide range of both (i) analytic and (ii) synthetic a priori propositions can be infallibly justified (or absolutely warranted), i.e., justified to a degree that entails their truth and precludes their falsity. Though rationalist infallibilism is indisputably running its course, adherence to at least one of the two species of infallible a priori justification refuses to disappear from mainstream epistemology. Among others, Putnam (1978) still professes the a priori infallibility of some category (i) propositions, while Burge (...) (1986, 1988, 1996) and Lewis (1996) have recently affirmed the a priori infallibility of some category (ii) propositions. In this paper, I take aim at rationalist infallibilism by calling into question the a priori infallibility of both analytic and synthetic propositions. The upshot will be twofold: first, rationalist infallibilism unsurprisingly emerges as a defective epistemological doctrine, and second, more importantly, the case for the a priori infallibility of one or both categories of propositions turns out to lack cogency. (shrink)

This essay discusses how our traditional ethics may harbor assumptions that place humans in a position in which overt violence towards animals is an almost inevitable outcome since their formulation involves violence towards ourselves and our animal fellows in our cutting our embodied ties with them. The essay explores Derrida’s Animal that Therefore, I Am, in its detailing of the two discourses within European intellectual history of those who felt they were “above” animals and were not addressed by them versus (...) those who could acknowledge that animals do address us. Derrida also cites the “lyconomy” of this tradition that brandishes the image of the “wolf” within us as a streak of rapacious violence that we can only fight with violence, thus projecting onto the wolf a false identity to justify our own demons of violence. Merleau-Ponty’s notions of embodiment further this idea that we are enmeshed with animals in a basic affective, perceptual and visceral way and that to ignore this interweaving of lives is to do violence to ourselves as well as violence towards them. I then cite ethologists for evidence that wolves are one of the most social, non-violent animals on the planet and detail how two million were slaughtered in the name of eradicating an “evil” being. Such behavior on our part I call “speciocide,” as heinous as genocide. Finally, phenomenology, as one particular philosophical approach, may have a critical edge in helping us to see our animal fellows more clearly, to understand them better, and discern our truer moral obligations to them. (shrink)

On rationalist infallibilism, a wide range of both (i) analytic and (ii) synthetic a priori propositions can be infallibly justified, i.e., justified in a way that is truth-entailing. In this paper, I examine the second thesis of rationalist infallibilism, what might be called ‘synthetic a priori infallibilism’. Exploring the seemingly only potentially plausible species of synthetic a priori infallibility, I reject the infallible justification of so-called self-justifying propositions.

Minimalism is currently the received deflationary theory of truth. On minimalism, truth is a transparent concept and a deflated property of truth bearers. In this paper, I situate minimalism within current deflationary debate about truth by contrasting it with its main alternative―the redundancy theory of truth. I also outline three of the primary challenges facing minimalism, its formulation, explanatory adequacy and stability, and draw some lessons for the soundness of its conception of truth.

The critique of tourism as being only a distanced, detached, and consumerist passing through of foreign landscapes and cultures isdisputed in this essay. The idea that tourism necessarily fits the paradigm of inauthenticity as the tranquilized and alienated hopping from spot to spot in prepackaged, superficial presentations is contrasted with another sense of tourism as drawing upon the potential power of the glance to disrupt the everyday, to focus on the particular, to be surprised by the new, and to bodily (...) join up with the rhythms of place being as shifting. Authenticity is seen in both Heidegger and Merleau-Ponty to be primarily about a greater bodily awareness of surround and transformation of the self as an ongoing process of “selving” that yields a more singular sense of who one is in relationship to places and their interconnectedness. To gain a better sense of oneself in one own being or uniqueness is to gain more meaning through emplacement within the surround. The glance at a new world can open up an “interplace” which expands anddeepens the sense of who we are in the interconnection and reverberations among places. (shrink)

Cyborgs are ongoing becomings of a doubly “in-between” temporality of humans and machines. Materially made from components of both sorts of beings, cyborgs gain increasing function through an interweaving in which each alters the other, from the level of “neural plasticity” to software updates to emotional breakthroughs of which both are a part. One sort of temporal in-between is of the progressive unfolding of a deepening becoming as “not-one-not-two” and the other is a “doubling back” of time into itself in (...) which moments that were once disparate are conjoined or enjambed. Tracing the experience of Michael Chorost during a four year period of coming to terms with his cochlear implant, related in Rebuilt: How Becoming Part Computer Made Me More Human, the essay pinpoints shifts in awareness, perceptual belief, and being-with others that unfold within the in-between of person and machine. (shrink)

According to Field’s influential incompleteness objection, Tarski’s semantic theory of truth is unsatisfactory since the definition that forms its basis is incomplete in two distinct senses: (1) it is physicalistically inadequate, and for this reason, (2) it is conceptually deficient. In this paper, I defend the semantic theory of truth against the incompleteness objection by conceding (1) but rejecting (2). After arguing that Davidson and McDowell’s reply to the incompleteness objection fails to pass muster, I argue that, within the constraints (...) of a non-reductive physicalism and a holism concerning the concepts of truth, reference and meaning, conceding Field’s physicalistic inadequacy conclusion while rejecting his conceptual deficiency conclusion is a promising reply to the incompleteness objection. (shrink)

The superassertability theory of truth, inspired by Crispin Wright (1992, 2003), holds that a statement is true if and only if it is superassertable in the following sense: it possesses warrant that cannot be defeated by any improvement of our information. While initially promising, the superassertability theory of truth is vulnerable to a persistent difficulty highlighted by James Van Cleve (1996) and Terrence Horgan (1995) but not properly fleshed out: it is formally illegitimate in a similar sense that unsophisticated epistemic (...) theories of truth are widely acknowledged to be. Sustained analysis reveals that the unrestricted formal legitimacy argument is firmly grounded in first person conceivability evidence. (shrink)

Linguistic competence, in general terms, involves the ability to learn, understand, and speak a language. The nativist view in the philosophy of linguistics holds that the principal foundation of linguistic competence is an innate faculty of linguistic cognition. In this paper, close scrutiny is given to nativism's fundamental commitments in the area of metaphysics. In the course of this exploration it is argued that any minimally defensible variety of nativism is, for better or worse, married to two theses: linguistic competence (...) is grounded in a faculty of linguistic cognition that is (i) embodied and (ii) whose operating rules are represented in the brains of human language users. (shrink)

The weak deflationist about truth is committed to two theses: one conceptual, the other ontological. On the conceptual thesis (what might be called a ‘triviality thesis’), the content of the truth predicate is exhausted by its involvement in some version of the ‘truth-schema’. On the ontological thesis, truth is a deflated property of truth bearers. In this paper, I focus on weak deflationism’s ontological thesis, arguing that it generates an instability in its view of truth: the view threatens to collapse (...) into either that of strong deflationism (i.e., truth is not a property) or that of some form of inflationism (i.e., truth is a substantial property). The instability objection to weak deflationism is sketched by way of a truth-property ascription dilemma, the two horns of which its proponent is at pains to circumvent. (shrink)

This essay details wolves’ sense of their surround in terms of how wolves’ perceptual acuities, motor abilities, daily habits, overriding concerns, network of intimate social bonds and relationship to prey gives them a unique sense of space, time, belonging with other wolves, memorial sense, imaginative capacities, dominant emotions (of affection, play, loyalty, hunger, etc.), communicative avenues, partnership with other creatures, and key role in ecological thriving. Wolves are seen to live within a vast sense of aroundness and closeness to aspects (...) of their surround (compared to humans), a highly charged intimacy and cooperation with other wolves, and a caring and non-aggressive attitude that goes beyond the pack, despite their loyalty and defense of territory. The cultural myths and history that absurdly demonize the wolf are explored in their self-righteous attempts to exterminate wolves, which I call “speciocide” and probe for projections of human viciousness. The supposed rapaciousness of wolves is re-examined by expanding Barry Lopez’s sense of the silent dialogue of death with other creatures to be reconsidered as a kind of respect, assertion of vitality, recognition or mortality and cooperation. (shrink)

Beauchamp and Childress created the ‘four principle’ approach to help clinicians analyse and resolve ethical dilemmas they may encounter when working. In this project, I will consider whether autonomy ought to have a privileged position within the four principles and if the four principles can apply outside the medical sphere.

A simple operating principle (similar to a combination of a pottery wheel and a catapult or, simply, the weapon used by David to slay Goliath) coupled with the success of some moderate engineering challenges may allow for the transmission of a carrier wave from Earth to Mars in less than one second! This paper also directly addresses the controversy of light speed variance/invariance (which has arisen from the “wave/particle nature of light” debate) by referencing Joseph A. Rybczyk’s 2012 paper, “Lunar (...) Laser Evidence of Light Speed Variance”. (shrink)

The study aimed to investigate the language learning strategies and their contribution to the language competence of English major students in the teacher education program at Kapalong College of Agriculture Sciences and Technology. The researcher utilized a mixed-method design using the convergent parallel approach. Participants were English major students across all year levels at the college institution, with 204 students randomly selected for the quantitative phase and approximately 10 students purposively selected for the qualitative phase: 5 for in-depth interviews and (...) 5 for focused group discussions. The results indicated that both the level of language learning strategies and language competence were high; the findings were rejected, which reveals that there is significant relationship between them. Further, the findings from both the quantitative and qualitative phases largely converged however, there was one divergent indicator. The study confirmed that language learning strategies significantly impact the enhancement of language competencies among English major students, facilitating effective and efficient language use in realistic contexts. It is recommended that language learners must also prioritize memory strategies despite from the indicators’ lowest mean based from the results, such as mnemonic devices and spaced repetition techniques, to enhance vocabulary and grammar retention. Additionally, to improve speaking competency, students should engage in practical applications of the language within their specific contexts, allowing them to practice and develop fluency, essential for effective communication in professional, social, and academic environments. (shrink)

Many claims about conceptual matters are often represented as, or inferred from, claims about the meaning, reference, or mastery, of words. But sometimes this has led to treating conceptual analysis as though it were nothing but linguistic analysis. We canvass the most promising justifications for moving from linguistic premises to substantive conclusions. We show that these justifications fail and argue against current practice (in metaethics and elsewhere), which confuses an investigation of a word’s meaning, reference, or competence conditions with an (...) analysis of some concept or property associated with that word. (shrink)

This paper argues that the plethora of experiments with decentralized social technologies (DSTs)—clusters of which are sometimes called “the Web 3.0 ecosystem” or “the Fediverse”—have brought us to a constitutional moment. These technologies enable radical innovations in social, economic, and political institutions and practices, with the potential to support transformative approaches to political economy. They demand governance innovation. The paper develops a framework of prudent vigilance for making ethical choices in this space that help to both grasp positive opportunities for (...) transformation and avoid the potentially problematic consequences. Most of our specific examples and concerns come from the blockchain/Web3 universe, as this has received the greatest investment, attention, and adoption to date. However, we aim to offer a framework for governance decision-making in conditions of uncertainty that applies more broadly to other DSTs. Specifically, under the framework of prudent vigilance, we propose a pragmatic, democratic, and pluralist approach to navigating bold experimentation with social practices and political economy enabled by these technologies. Our overarching goal is to provide a framework open to transformative improvement and constrained by guardrails and guiding values supportive of democracy, freedom, and pluralism. We take a relatively strong position, rather than simply laying out ethical issues and potential approaches. We seek to be provocative in order to spur further work and hope this paper will serve as a first bridge between academic philosophy and the DST community, which have hardly interacted to date. (shrink)

Evidence matters for responsibility. This paper investigates implications of this insight for group responsibility and the literature on group belief. In particular, we will be focusing on the transmission of group responsibility from group to individual. We will argue that there are cases in which responsibility transmits fully (to all members of the group), partially (to some but not all of its members), or not at all (to none of its members), and we will explore some implications of these observations (...) for accounts of group belief and evidence in the literature on social epistemology. More specifically, we will provide reason to think that these observations provide support for an account of group belief that we favour over its main rivals in the literature. (shrink)

Once known as the city of silk, Suzhou 苏州 has become the centre of wedding dress production, selling paradise on earth for one day, including copies of the last royal wedding dress, out of shops at the foot of mythic Tiger Hill. Suzhou is also the host of what is known as the Silicon Valley of the East. It has attracted millions of migrants searching for a better future; millions of tourists visit every year to experience the past, strolling through (...) the gardens and courtyards of its Old Town. The contrasts could hardly be more apparent. Slow time, and fast time, and the time of the in-between, are woven into the city’s complex spatial fabric. This is a conversation by eight authors in eight frames on a city that connects them. (shrink)

Glen Pettigrove's work enlarges my own thinking on forgiveness. In this review, I argue for even more attention to some philosophical connections that I suggest he neglects. But it is undeniably the case that Pettigrove advances a new view of forgiveness, taking the results of his analysis of the utterance, “I forgive you,” to inform a “broader definition that encompasses a wider range of experiences” than are accommodated by predominant conceptions of forgiveness as an emotional state (151). Philosophers interested (...) in moral emotions and moral practices should read this book in order to have a fuller sense of the state of forgiveness studies and the possibilities for thinking about forgiveness in its many manifestations. Philosophers who are already very familiar with the literature on forgiveness will find that Pettigrove takes up exceptionally detailed discussion of forgiveness as it relates to understanding, love, grace, gratitude, and desert. (shrink)

Using the concepts of epistemic virtue and vice as defined by José Medina, and reciprocal recognition as outlined by Glen Coulthard, I argue that the Canadian state is currently in a non-reciprocal relationship with Indigenous peoples as a result of epistemic failure on the part of the state. This failure involves a surfacelevel recognition of Indigenous peoples at the same time as the manifestation of the epistemic vices of arrogance, laziness and closed-mindedness. The epistemic injustice framework alongside a critique (...) of the politics of recognition can help shed light on what is going wrong betweenthe settler state and Indigenous peoples. Moreover, by appealing to grounded normativity, an Indigenous ethical framework, I argue that a land-based ethics of reciprocity can help us move toward reciprocal recognition and equality, if we are epistemically humble, curious and open-minded to it. (shrink)

ABSTRACT Glen Pettigrove addresses the proportionality principle in ethics, the principle that ‘our actions, attitudes, or emotions should be proportional to the degree of value present in the object or events to which they are responding’. He argues this is inconsistent with some familiar features of common-sense morality. In response, he brings virtuous character into the picture, a move we support but wish to modify. We show that certain helping actions should be guided by whether one has the virtue (...) profile most suited to the situation from among a surrounding network of people. (shrink)

This paper presents a uniform semantic treatment of nonmonotonic inference operations that allow for inferences from infinite sets of premises. The semantics is formulated in terms of selection functions and is a generalization of the preferential semantics of Shoham (1987), (1988), Kraus, Lehman, and Magidor (1990) and Makinson (1989), (1993). A selection function picks out from a given set of possible states (worlds, situations, models) a subset consisting of those states that are, in some sense, the most preferred ones. (...) A proposition α is a nonmonotonic consequence of a set of propositions Γ iff α holds in all the most preferred Γ-states. In the literature on revealed preference theory, there are a number of well-known theorems concerning the representability of selection functions, satisfying certain properties, in terms of underlying preference relations. Such theorems are utilized here to give corresponding representation theorems for nonmonotonic inference operations. At the end of the paper, the connection between nonmonotonic inference and belief revision, in the sense of Alchourrón, Gärdenfors, and Makinson, is explored. In this connection, infinitary belief revision operations that allow for the revision of a theory with a possibly infinite set of propositions are introduced and characterized axiomatically. (shrink)

(In The Routledge Handbook of Philosophy and Psychology of Forgiveness, edited by Glen Pettigrove and Robert Enright) This chapter discusses forgiveness conceived as primarily a volitional commitment, rather than an emotional transformation. As a commitment, forgiveness is distal, involving moral agency over time, and can take the form of a speech act or a chosen attitude. The purpose can be a commitment to repair or restore relationships with wrongdoers for their sake or the sake of the relationship, usually by (...) forswearing one’s hostile attitudes toward a particular wrongdoing; the commitment may also be to oneself for one’s own sake, to be a person with a virtue of forgivingness. It can be incident-specific, that is, a response to a particular occasion of harm, or a forward-looking disposition, an aim to cultivate the habit of being a forgiving person in advance. The enabling conditions of forgivingness as a virtue may be more basic master virtues including integrity and humility, motivations that also underpin commitments to be unforgiving, so this chapter concludes with some careful consideration of the ethics of unforgivingness to others, and the commitment to be unforgiving of oneself. (shrink)

We propose to understand the global financial crisis of 2008 as an historical event marked by public decisions, economic evaluations and ratings, and business practices driven by a sense of subjugation to powerful others, uncritical conformity to serendipitous rules, and a levelling down of all meaningful differences. The crisis has also revealed two important things: that the free-market economy has inherent problems highlighting the limits of (financial) business, and, consequently, that the business organisation is not as strong as is usually (...) assumed. We reconstruct some of the most dramatic events of that time by using the narratives of two former Lehman Brothers insiders. We then provide an interpretation of that world by using Heidegger’s notions of being and care. Our investigation uncovers persistent inauthentic relationships nourished by the public structure of the financial market, which, drawing on Heidegger, we call the they. In the financial market the what of the world becomes more important than authentic being and self. But a hitch-free switch to authenticity becomes possible through anxiety and the call of conscience. (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, (...) the United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

When product design teams gather at the whiteboard in big-tech office parks and startup garages around the world, they ask themselves: How will customers use our technology? Is it better than our competitors’? How much money can we make? But one question that’s rarely asked: does our technology advance human flourishing? -/- In a new white paper by Harvard professor Danielle Allen and her colleagues Eli Frankel, Woojin Lim, Divya Siddarth, Josh Simons, and Glen Weyl entitled “The Ethics of (...) Decentralized Social Technologies: Lessons from Web3, the Fediverse, and Beyond,” the authors not only ask this question but offer a powerful framework for answering it. Drawing on the accumulated wisdom of democratic societies, the authors show that the values of democratic governance that have promoted human flourishing can be translated into a rubric for judging new technologies. -/- In this short research brief, we unpack and comment on the four-step logic at the core of their case. Ultimately, their argument demonstrates the power and the challenge – and above all, the urgency – of placing human flourishing at the center of technology governance. (shrink)

During the Standing Rock protests in North Dakota, USA/Turtle Island, a group of military veterans knelt in front of Oceti Sakowin Elders asking forgiveness for centuries of settler colonial military ventures in Oceti Sakowin Territory. Leonard Crow Dog forgave them and immediately demanded respect for Native Nations throughout the U.S. Lacking such respect, he said, Native people will cease paying taxes. Crow Dog’s post-forgiveness remarks speak to the political context of the military veterans’ request: They seek collective forgiveness amidst ongoing (...) occupation and harms committed by the collective they represent. In this chapter, I examine this case study and argue that ongoing harm undermines requests for forgiveness on behalf of collectives. I look to the work of Glen Coultard, Waziyatawin, and Leanne Simpson to consider what a responsible request for collective forgiveness would entail. (shrink)

The United Kingdom's Parliamentary Bill 'Fraud Trials (Without a Jury) 2007', failed. Nevertheless, fraud trials without a jury do take place and there is much evidence to support this. Today the UK still does not support fraud trials without a jury, even though fraud in the UK today is the highest amount of fraud globally. The longer version of this paper is submitted here since it has become urgent that UK fraud trials be examined as a matter of urgency. On (...) page 87 of this complete paper (cut down for The Criminal Lawyer in 2008) a U.S study of 46 corporate fraud trials revealed that the defendants were CEOs, President, Chairman, Senior Vice Presidents, Chief Financial Officers, but only one entity reach trial stage. After the ce Arthur Anderson LLP v. United States, 544 U.S. 696 (2005), and the Lehman Brothers SEC case and the SEC v. Bank of America Corp., 653 F. Supp. 2d 507 (S.D.N.Y. 2009, and the Report by the U.S. Financial Crisis Inquiry on the 2008 financial crash, a global financial disaster was predicted and George Osborne, UK Chancellor pleaded for leniency for HSBC Bank frauds, threatening a global meltdown. The U.S. judiciary increased its volume of Deferred Prosecution Agreements and the UK followed suit. So, in year 2022, there is global financial meltdown and the UK has the highest rate of fraud in the world with few successful convictions. This paper is very relevant today as we must stop using deferred prosecution agreements and seek more convictions and harsh jail sentences for those financial fraudsters who have created this meltdown. -/- *When this paper was written, UK fraud was estimated at £40 million and some experts suspected twice that amount. Today UK fraud is in the billions of pounds annually. (shrink)

In 2001 soon after the Asian Crises of 1997-1998, the DotcomBubble, 9/11, the Enron crises triggered a fraud crisis in Wall Street that impacted the market to the core. Since then scandals such as the Lehman Brothers and WorldCom in 2007-2008 and the Great Recession have surpassed it, Enron still remains one of the most important cases of fraudulent accounting. In 2000’s even though the financial industry had become highly regulated, deregulation of the energy industry allowed companies to place (...) bets on future prices. At the peak of the dotcom bubble Enron was named as a star innovator but when the dotcom bubble burst, Enron’s plan to build high speed internet did not flourish and investors started to realize losses. Furthermore, the financial losses of the operations were hid using the market to market accounting technique instead of book value and using special purpose entities to hide debt. The root cause that was identified as a company with a toxic corporate culture focused on officer compensation rather than social responsibility and hence faulty leadership. Is it possible then that; ethical accounting practices, social responsibility and ethics all become inferior goods as income rises in an ‘irrationally exuberant’era? (shrink)

In light of the theme of the 5th World Conference on Women's Studies 2019, 'Activism, Solidarity and Diversity: Feminist Movements Toward Global Sisterhood', this article contends that Sherley Anne Williams's Dessa Rose (1986) is an appeal for an American bond of sisterhood between feminists and womanists. In the process, it examines the relationship between the novel's two Black and White heroines, Dessa Rose and Ruth Sutton respectively, through the lens of Bonnie Thornton Dill's definition of sisterhood in her seminal work, (...) Race, Class, and Gender: Prospects for an All-Inclusive Sisterhood. While discomfort and distrust encircle their first encounter in the Sutton's Glen, equality, reciprocation, and trust adorn their sisterhood in their last encounter in jail. Such a sisterhood is the aftermath of both women's realization that they are both subjects to White men's patriarchy. Williams's use of both heroines as microcosms for Black and White women addresses the widening gap in the 1980s and today between feminists and womanists for an American sisterhood in black and white. (shrink)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)