Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full implementation of (...) GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues. Bashar H. Malkawi and Mohammad I. El-Shafie. (shrink)

A SECOND COMPLETELY REVISED EDITION OF THIS TEXTBOOK ON INTERDISCIPLINARY RESEARCH WAS PUBLISHED WITH AMSTERDAM UNIVERSITY PRESS IN 2022. Check out that version here and a PDF of its ToC and Introduction, as this first edition (AUP 2016) is no longer available. [This book (128 pp.) serves as an introduction and manual to guide students through the interdisciplinary research process. We are becoming increasingly aware that, as a result of technological developments and globalisation, problems are becoming so complex that they (...) can only be solved through cooperation between multiple disciplines. Healthcare, climate change, food security, energy, financial markets and quality of life are just a few examples of issues that require scientists and academics to work in a crossdisciplinary way. As a result of these developments, an interdisciplinary approach is becoming increasingly popular in higher education and must be considered an absolute necessity. Young academics are being called on to step beyond the boundaries of traditional disciplines in order to contribute to addressing fundamental problems and solving challenges facing society. There is a need for people who are not afraid to ask critical questions, who can work together well and can look beyond the boundaries of their own field. This means students need to learn more about how they can integrate and apply knowledge, methods and skills from different fields. Interdisciplinary research projects and practical training courses offer students more than one perspective on the same subject. Comparing and contrasting, connecting, adding and adapting concepts, theories and methodologies from different disciplines ultimately results in new insights and better answers to complex problems.]. (shrink)

When interpreting the meanings of visual features in information visualizations, observers have expectations about how visual features map onto concepts (inferred mappings.) In this study, we examined whether aspects of inferred mappings that have been previously identified for colormap data visualizations generalize to a different type of visualization, Venn diagrams. Venn diagrams offer an interesting test case because empirical evidence about the nature of inferred mappings for colormaps suggests that established conventions for Venn diagrams are counterintuitive. Venn diagrams represent classes (...) using overlapping circles and express logical relationships between those classes by shading out regions to encode the concept of non-existence, or none. We propose that people do not simply expect shading to signify non-existence, but rather they expect regions that appear as holes to signify non-existence (the hole hypothesis.) The appearance of a hole depends on perceptual properties in the diagram in relation to its background. Across three experiments, results supported the hole hypothesis, underscoring the importance of configural processing for interpreting the meanings of visual features in information visualizations. (shrink)

According to the orthodox treatment of risk preferences in decision theory, they are to be explained in terms of the agent's desires about concrete outcomes. The orthodoxy has been criticised both for conflating two types of attitudes and for committing agents to attitudes that do not seem rationally required. To avoid these problems, it has been suggested that an agent's attitudes to risk should be captured by a risk function that is independent of her utility and probability functions. The main (...) problem with that approach is that it suggests that attitudes to risk are wholly distinct from people's (non-instrumental) desires. To overcome this problem, we develop a framework where an agent's utility function is defined over chance propositions (i.e., propositions describing objective probability distributions) as well as ordinary (non-chance) ones, and argue that one should explain different risk attitudes in terms of different forms of the utility function over such propositions. (shrink)

ABSTRACT Offsetting is a very ineffective way to do good. Offsetting your lifetime emissions may increase aggregated life expectancy by at most seven years, while giving the amount it costs to offset your lifetime emissions to a malaria charity saves in expectation the life of at least one child. Is there any moral reason to offset rather than giving to some charity that does good so much more effectively? There might be such a reason if your offsetting compensated or somehow (...) benefitted the victims of your emission, since that could mean that you would satisfy the duty not to harm others by emitting and offsetting. But that is typically not true. If your emission harms some person and your offsetting benefits some person, then these are most likely different people. Hence, I conclude, we have a stronger reason to give to effective charities than we have to offset our emissions. (shrink)

The recent news of a 13-year-old Singaporean prodigy graduating from an Australian university has sparked discussion about Singapore’s approach to nurturing exceptional young talents, especially after it was revealed that the boy had been previously rejected by a local university because of his young age. Some have called for an increased flexibility to allow such young people to skip levels in Singapore - parents of intellectually advanced children often cite concerns that their children are disengaged and bored at school. The (...) fear is real - keeping these students at the same level as their peers could potentially squander their potential and impede their growth. Yet, on the flip side, accelerating their academic journey could potentially jeopardise their social and emotional development, which could negatively impact their ability to connect and work well with their peers in their adulthood. Nonetheless, this debate brings to light the need for more effective strategies to meaningfully engage students with diverse abilities and learning paces. (shrink)

This book is a translation of W.V. Quine's Kant Lectures, given as a series at Stanford University in 1980. It provide a short and useful summary of Quine's philosophy. There are four lectures altogether: I. Prolegomena: Mind and its Place in Nature; II. Endolegomena: From Ostension to Quantification; III. Endolegomena loipa: The forked animal; and IV. Epilegomena: What's It all About? The Kant Lectures have been published to date only in Italian and German translation. The present book is filled out (...) with the translator's critical Introduction, "The esoteric Quine?" a bibliography based on Quine's sources, and an Index for the volume. (shrink)

Both Philip and Andrew are philosophy students whose interests converge around the philosophy of technology broadly understood. Philip's interest is specifically aimed toward the ethics of Transhumanism and depictions of Transhumanism in works of fiction. On the other hand, Andrew finds himself more focused on religious behavior in the technological world. While the two perspectives might not seem that close, there is certain to be an overlap in Andrew and Philip's shared understanding of how technological phenomena play a crucial role (...) concerning religion and society. (shrink)

Many philosophers think that we should use a lottery to decide who gets a good to which two persons have an equal claim but which only one person can get. Some philosophers think that we should save identified persons from harm even at the expense of saving a somewhat greater number of statistical persons from the same harm. I defend a principled way of justifying both judgements, namely, by appealing to the decreasing marginal moral value of survival chances. I identify (...) four desiderata that, I contend, any such justification should satisfy, and explain how my account meets these desiderata, unlike some previous accounts. (shrink)

It has recently been argued that indeterminacy and indeterminism make most ordinary counterfactuals false. I argue that a plausible way to avoid such counterfactual skepticism is to postulate the existence of primitive modal facts that serve as truth-makers for counterfactual claims. Moreover, I defend a new theory of ‘might’ counterfactuals, and develop assertability and knowledge criteria to suit such unobservable ‘counterfacts’.

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

This book is a thesis submitted to the Faculty of Arts of the University of Utrecht. It was prepared under the supervision of Prof. Dr. H. Schultink. I would like to express my gratitude to him for his criticisms of earlier versions which led to many improvements, in particular with respect to the exposition of the argument. To my co-referent Dirk van Dalen, reader in the Department of Philo sophy (,Centrale Interfaculteit') of the University of Utrecht, I am greatly indebted (...) for his valuable and fruitful suggestions about problems relevant to both linguistics and logic. Several ideas developed in this study owe their present concrete form to our many discussions. This thesis originates in syntactic research into the Aspects carried out in 1967 under the supervision of Albert Kraak, professor at the University of Nijmegen, who ever since gave much attention to my work in progress. I am very grateful to him for his careful and stimulating criticism as well as for the continuous support he gave me during these years. The present study closely relates to the work of my colleague Wim Klooster with regard to both its theoretical framework and its subject matter. Our joint work on the measurement of duration in Dutch is an integral part of the argument. I have greatly profited from the numerous discussions we have had. (shrink)

The veil of ignorance argument was used by John C. Harsanyi to defend Utilitarianism and by John Rawls to defend the absolute priority of the worst off. In a recent paper, Lara Buchak revives the veil of ignorance argument, and uses it to defend an intermediate position between Harsanyi's and Rawls' that she calls Relative Prioritarianism. None of these authors explore the implications of allowing that agent's behind the veil are averse to ambiguity. Allowing for aversion to ambiguity---which is both (...) the most commonly observed and a seemingly reasonable attitude to ambiguity---however supports a version of Egalitarianism, whose logical form is quite different from the theories defended by the aforementioned authors. Moreover, it turns out that the veil of ignorance argument neither supports standard Utilitarianism nor Prioritarianism unless we assume that rational people are insensitive to ambiguity. (shrink)

Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.

Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.

Neoclassical economists use expected utility theory to explain, predict, and prescribe choices under risk, that is, choices where the decision-maker knows---or at least deems suitable to act as if she knew---the relevant probabilities. Expected utility theory has been subject to both empirical and conceptual criticism. This chapter reviews expected utility theory and the main criticism it has faced. It ends with a brief discussion of subjective expected utility theory, which is the theory neoclassical economists use to explain, predict, and prescribe (...) choices under uncertainty, that is, choices where the decision-maker cannot act on the basis of objective probabilities but must instead consult her own subjective probabilities. (shrink)

This paper analyses the technoscientific objective of building a synthetic cell from a Jungian perspective. After decades of fragmentation and specialisation, the synthetic cell symbolises a turn towards restored wholeness, both at the object pole and at the subject pole. From a Jungian perspective, it is no coincidence that visual representations of synthetic cells often reflect an archetypal, mandala-like structure. As a symbol of restored unity, the synthetic cell mandala compensates for technoscientific fragmentation via active imagination, providing a visual aid (...) for the technoscientific turn towards reintegration. Although the biotechnological desire to reconstruct life in vitro has been compared to alchemy before, a Jungian analysis allows us to make this comparison more specific and precise. The problem of archetypal images, however, is that alluring prospects of reintegration may underestimate and obfuscate the deficiencies and tensions at work in the current situation. As a projection of a future wholeness, it fosters optimism, but may also function as a misleading façade, covering up collisions and complexities. This can be averted by the conscious employment of the mandala as a symbolic scaffold fostering processes of individuation and working through. (shrink)

Bartha and DesRoches (2021) and Steel and Bartha (2023) argue that we should understand the precautionary principle as the injunction to maximise lexical utilities. They show that the lexical utility model has important pragmatic advantages. Moreover, the model has the theoretical advantage of satisfying all axioms of expected utility theory except continuity. In this paper I raise a trilemma for any attempt at modelling the precautionary principle with lexical utilities: it permits choice cycles or leads to paralysis or implies that (...) the smallest value difference that is possible in a context has extreme axiological implications. (shrink)

I argue, first, that the deprived individuals whose predicaments Nussbaum cites as examples of "adaptive preference" do not in fact prefer the conditions of their lives to what we should regard as more desirable alternatives, indeed that we believe they are badly off precisely because they are not living the lives they would prefer to live if they had other options and were aware of them. Secondly, I argue that even where individuals in deprived circumstances acquire tastes for conditions that (...) we regard as bad, they are typically better off having their acquired preferences satisfied. If they are badly off it is because they cannot get what we and they, would regard as more desirable alternatives. Preference utilitarianism explains why individuals in such circumstances are badly off whether they have adapted to their deprived circumstances or not. Even if they prefer the conditions of their lives to all other available alternatives, most would prefer alternatives that are not available to them which would, on the preferentist account, make them better off. And that, on the preferentist account, is the basis for a radical critique of unjust institutions that limit people's options and prevent them from getting what they want. (shrink)

We present an epistemological schema of natural sciences inspired by Peirce's pragmaticist view, stressing the role of the \emph{phenomenological map}, that connects reality and our ideas about it. The schema has a recognisable mathematical/logical structure which allows to explore some of its consequences. We show that seemingly independent principles as the requirement of reproducibility of experiments and the Principle of Sufficient Reason are both implied by the schema, as well as Popper's concept of falsifiability. We show that the schema has (...) some power in demarcating science by first comparing with an alternative schema advanced during the first part of the 20th century which has its roots in Hertz and has been developed by Einstein and Popper. Further, the identified differences allow us to focus in the construction of Special Relativity, showing that it uses an intuited concept of velocity that does not satisfy the requirements of reality in Peirce. While the main mathematical observation connected with this issue has been known for more than a century, it has not been investigated from an epistemological point of view. A probable reason could be that the socially dominating epistemology in physics does not encourage such line of work. We briefly discuss the relation of the abduction process presented in this work with discussions regarding ``abduction'' in the literature and its relation with ``analogy''. (shrink)

Rowe has recently argued that pure risk of harm cannot itself be a harm. I respond to Rowe and argue that given an appropriate understanding of objective probabilities, pure objective risk of harm can itself be a harm.

What role does the wild duck play in Ibsen's famous drama? I argue that, besides mirroring the fate of the human cast members, the duck is acting as animal subject in a quasi-experiment, conducted in a private setting. Analysed from this perspective, the play allows us to discern the epistemological and ethical dimensions of the new scientific animal practice (systematic observation of animal behaviour under artificial conditions) emerging precesely at that time. Ibsen's play stages the clash between a scientific and (...) a romantic understanding of animals that still constitutes the backdrop of most contemporary debates over animals in research. Whereas the scientific understanding reduces the animal's behaviour, as well as its environment, to discrete and modifiable elements, the romantic view regards animals as being at one with (or violently disconnected from) their natural surroundings. (shrink)

Catastrophic risk raises questions that are not only of practical importance, but also of great philosophical interest, such as how to define catastrophe and what distinguishes catastrophic outcomes from non-catastrophic ones. Catastrophic risk also raises questions about how to rationally respond to such risks. How to rationally respond arguably partly depends on the severity of the uncertainty, for instance, whether quantitative probabilistic information is available, or whether only comparative likelihood information is available, or neither type of information. Finally, catastrophic risk (...) raises important ethical questions about what to do when catastrophe avoidance conflicts with equity promotion. (shrink)

Those who are risk averse with respect to money, and thus turn down some gambles with positive monetary expectations, are nevertheless often willing to accept bundles involving multiple such gambles. Therefore, it might seem that such people should become more willing to accept a risky but favourable gamble if they put it in context with the collection of gambles that they predict they will be faced with in the future. However, it turns out that when a risk averse person adopts (...) the long-term perspective, she faces a decision-problem that can be analysed as a noncooperative game between different “time-slices” of herself, where it is in the interest of each time-slice (given its prediction about other slices) to turn down the gamble with which it is faced. Hence, even if a risk averse but rational person manages to take the long-term perspective, she will, in the absence of what Hardin called “mutual coercion”, end up in a situation analogous to the “tragedy of the commons”. (shrink)

A social planner who evaluates risky public policies in light of the other risks with which their society will be faced should judge favourably some such policies even though they would deem them too risky when considered in isolation. I suggest that a longtermist would—or at least should—evaluate risky polices in light of their prediction about future risks; hence, longtermism supports social risk-taking. I consider two formal versions of this argument, discuss the conditions needed for the argument to be valid, (...) and briefly compare these conditions to some risky policy options with which actual public decision-makers are faced. (shrink)

This essay investigates the demands on adult children to provide care for their elderly/ill parents from a socio-moral perspective. In order to narrow the examination, the question pursued here is agent-relative: What social and moral complexities are involved for the adult child when her parent(s) need care? First, this article examines our society’s expectation that adult children are morally obligated to provide care for their parents. Second, the essay articulates how transgressing against this normative expectation can inure significant moral criticism. (...) The final sections present these tensions within the context of disability. (shrink)

The Precautionary Principle (PP) is an influential principle of risk management. It has been widely introduced into environmental legislation, and it plays an important role in most international environmental agreements. Yet, there is little consensus on precisely how to understand and formulate the principle. In this paper I prove some impossibility results for two plausible formulations of the PP as a decision-rule. These results illustrate the difficulty in making the PP consistent with the acceptance of any trade-offs between catastrophic risks (...) and more ordinary goods. (shrink)

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

A moderately risk averse person may turn down a 50/50 gamble that either results in her winning $200 or losing $100. Such behaviour seems rational if, for instance, the pain of losing $100 is felt more strongly than the joy of winning $200. The aim of this paper is to examine an influential argument that some have interpreted as showing that such moderate risk aversion is irrational. After presenting an axiomatic argument that I take to be the strongest case for (...) the claim that moderate risk aversion is irrational, I show that it essentially depends on an assumption that those who think that risk aversion can be rational should be skeptical of. Hence, I conclude that risk aversion need not be irrational. (shrink)

Dr Peter Sjöstedt-H reviews Dr Andrew R. Gallimore's book, Alien Information Theory. -/- This was published on PsyPressUK on 13 June 2019.

Recent studies show that the current punitive approach to bullying, in the form of zero-tolerance policies, is ineffective in reducing bullying and school violence. Despite this significant finding, anti-bullying legislation is increasing. The authors argue that these policies are not only ineffective but that they are also unjust, harmful, and stigmatizing. They advocate a broader integrative approach to bullying programs that includes both victims and bullies.

Suppose that a decision-maker's aim, under certainty, is to maximise some continuous value, such as lifetime income or continuous social welfare. Can such a decision-maker rationally satisfy what has been called "continuity for easy cases" while at the same time satisfying what seems to be a widespread intuition against the full-blown continuity axiom of expected utility theory? In this note I argue that the answer is "no": given transitivity and a weak trade-off principle, continuity for easy cases violates the anti-continuity (...) intuition. I end the note by exploring an even weaker continuity condition that is consistent with the aforementioned intuition. (shrink)

The doctrine that Christ is really present in the Eucharist appears to entail that Christ's body is not only multiply located but present in different ways at different locations. Moreover, the doctrine poses an even more difficult meta-question: what makes a theological explanation of the Eucharist a ‘real presence’ account? Aquinas's defence of transubstantiation, perhaps the paradigmatic account, invokes Aristotelian metaphysics and the machinery of Scholastic philosophy. My aim is not to produce a ‘rational reconstruction’ of his analysis but rather (...) to suggest a metaphysically innocent alternative that will ‘save the phenomena’ of religious belief and practice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

The relationship between “Towards a Critique of Violence” (1921) and the work of Franz Kafka has been well established by several critical studies devoted to Walter Benjamin. However, it is striking that Benjamin himself, already well acquainted with the work of the Czech writer in 1921, never made any comment to Kafka’s work in this essay, and, more broadly, in any of the related texts that make up the project on the ‘Critique of Violence’. In this article, we analyze a (...) set of notions (Entstellung, Entsühnung, Zurechstellen) that allow us to establish a mediated relationship between this essay and the articles and letters that Benjamin devoted to Kafka in the 1930s. This relationship takes us back to the only piece in which Benjamin carries out an autonomous treatment of the “category of justice” (1916) in which he identifies -as it will happen eighteen years later, in the essay on Kafka (1934)- the locus of justice in the “non-violence”, thus untying the knot that binds in a perhaps indiscernible way in the Jewish tradition the notions of “messianism” and “violence”. (shrink)

Philosophers have long been interested in a series of interrelated questions about natural kinds. What are they? What role do they play in science and metaphysics? How do they contribute to our epistemic projects? What categories count as natural kinds? And so on. Owing, perhaps, to different starting points and emphases, we now have at hand a variety of conceptions of natural kinds—some apparently better suited than others to accommodate a particular sort of inquiry. Even if coherent, this situation isn’t (...) ideal. My goal in this article is to begin to articulate a more general account of ‘natural kind phenomena’. While I do not claim that this account should satisfy everyone—it is built around a certain conception of the epistemic role of kinds and has an obvious pragmatic flavour—I believe that it has the resources to go further than extant alternatives, in particular the homeostatic property cluster view of kinds. (shrink)

Much problem solving and learning research in math and science has focused on formal representations. Recently researchers have documented the use of unschooled strategies for solving daily problems -- informal strategies which can be as effective, and sometimes as sophisticated, as school-taught formalisms. Our research focuses on how formal and informal strategies interact in the process of doing and learning mathematics. We found that combining informal and formal strategies is more effective than single strategies. We provide a theoretical account of (...) this multiple strategy effect and have begun to formulate this theory in an ACT-R computer model. We show why students may reach common impasses in the use of written algebra, and how subsequent or concurrent use of informal strategies leads to better problem-solving performance. Formal strategies facilitate computation because of their abstract and syntactic nature; however, abstraction can lead to nonsensical interpretations and conceptual errors. Reapplying the formal strategy will not repair such errors; switching to an informal one may. We explain the multiple strategy effect as a complementary relationship between the computational efficiency of formal strategies and the sense-making function of informal strategies. (shrink)

This paper examines the metaphysically modest view that attributionsof normative reasons can be made true in the absence of a responseindependent normative reality. The paper despairs in finding asatisfactory account of normative reasons in metaphysically modestterms.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

In a given polity, interactions between the Governed and the Governing Strata are symbiotic. The Governed desire, and indeed need, infrastructure services organized. If such basic foundations are not provided, the economic activity so deeply cherished by both groups cannot be realized. The Governing Strata cannot function without the Governed. After all, without the Governed, there will not be a polity; hence nothing to govern. Regardless of the politico-economic system in effect, this co-dependence is inevitable, inescapable, indenturing both groups to (...) each other. This is the case, regardless of the designation, functions, or the style of the governance system. It matters not if the designation or philosophy of the said governance is a variation of pluralism or authoritarianism by a minority. (shrink)

This paper presents a new kind of problem in the ethics of distribution. The problem takes the form of several “calibration dilemmas,” in which intuitively reasonable aversion to small-stakes inequalities requires leading theories of distribution to recommend intuitively unreasonable aversion to large-stakes inequalities. We first lay out a series of such dilemmas for prioritarian theories. We then consider a widely endorsed family of egalitarian views and show that they are subject to even more forceful calibration dilemmas than prioritarian theories. Finally, (...) we show that our results challenge common utilitarian accounts of the badness of inequalities in resources. (shrink)

I defend a weak version of the Pigou-Dalton principle for chances. The principle says that it is better to increase the survival chance of a person who is more likely to die rather than a person who is less likely to die, assuming that the two people do not differ in any other morally relevant respect. The principle justifies plausible moral judgements that standard ex post views, such as prioritarianism and rank-dependent egalitarianism, cannot accommodate. However, the principle can be justified (...) by the same reasoning that has recently been used to defend the core axiom of ex post prioritarianism and egalitarianism, namely, Pigou-Dalton for well-being. The arguably biggest challenge for proponents of Pigou-Dalton for chances is that it violates State Dominance for social prospects. However, I argue that we have independent reason for rejecting State Dominance for social prospects, since it prevents a social planner from properly respecting people's preferences. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

A liberalism which scorns all individualism is fundamentally misguided. This is the chief thesis of this paper. To argue for it, I look closely at some key concepts. The concepts of morislity and individualism are crucial. I emphasize Dewey on the "individuality of the mind" and a Deweyan discussion of language, communication, and community. The thesis links individualism and liberalism, and since appeals to liberalism have broader appeal in the present context of discussions, I start with consideration of liberalism. The (...) aim is to dispute overly restrictive conceptions and explore a broader perspective. To bring the argument to a close, attention turns first to Dewey on value inquiry, to Dewey's "democratic individualism" (cf. Dewey 1939, 179), and to the concept of moral community. Disputing the acquisitiveness of utilitarian influences in classical liberalism, a Deweyan argument from the nature of moral community supports re-emphasis on individualism in contemporary liberal thought. (shrink)

Accounts of the concepts of function and dysfunction have not adequately explained what factors determine the line between low‐normal function and dysfunction. I call the challenge of doing so the line‐drawing problem. Previous approaches emphasize facts involving the action of natural selection (Wakefield 1992a, 1999a, 1999b) or the statistical distribution of levels of functioning in the current population (Boorse 1977, 1997). I point out limitations of these two approaches and present a solution to the line‐drawing problem that builds on the (...) second one. (shrink)

The propensity interpretation of fitness (PIF) is commonly taken to be subject to a set of simple counterexamples. We argue that three of the most important of these are not counterexamples to the PIF itself, but only to the traditional mathematical model of this propensity: fitness as expected number of offspring. They fail to demonstrate that a new mathematical model of the PIF could not succeed where this older model fails. We then propose a new formalization of the PIF that (...) avoids these (and other) counterexamples. By producing a counterexample-free model of the PIF, we call into question one of the primary motivations for adopting the statisticalist interpretation of fitness. In addition, this new model has the benefit of being more closely allied with contemporary mathematical biology than the traditional model of the PIF. (shrink)