This short conference paper serves as a distillation of a keynote address delivered at the the Second National Conference on Management and Higher Education Trends & Strategies for Management & Administration hosted by Bangkok-based Stamford International University (Thailand) on November 1, 2014. Innovation is discussed as the heart of entrepreneurial processes occurring in today's capitalist economic systems, including transition economies like China and Vietnam, which underscores economic competitiveness of firms and economies. But the innovation effort and process also face dilemma (...) of "entrepreneurial curse of innovation". Advantages and disadvantages are weighed for a more balanced view, especially in the context of outnumbering SMEs and given existence of pitfalls and traps along the innovation path of development. Toward the end, the value of the market is once again stressed amid the concern of subjective assumption and illusion about availability of market opportunities in the mind of innovators, which may contrast totally with the dismal outcome the actual market realities may show ex post. (shrink)

In this essay, I analyze Romare Bearden’s art, methodology, and thinking about art, as well as his attempt to harmonize his personal aesthetic goals with his sociopolitical concerns. I then turn to Hans-Georg Gadamer’s reflections on art and our experience (Erfahrung) of art. I show how Bearden’s approach to art and the artworks themselves resonate with Gadamer’s critique of aesthetic consciousness and his contention that artworks address us, make claims upon us, and even reveal truth. Lastly, I discuss Gadamer’s emphasis (...) on the spectator’s active yet non-mastering role in the event of art’s address—an event that implicates the spectator and has the potential to transform him or her. This leads to a discussion of Gadamer’s notion of the type of self-(and world) understanding that occurs through aesthetic experience. I close by returning to Bearden in order to discuss how his art unearths a crucial feature of our being-in-the-world. I call this feature “world-unmasking” and show how it expands and enriches Gadamer’s account. (shrink)

According to luck egalitarianism, it is unjust if some are worse off than others through no fault or choice of their own. The most common criticism of luck egalitarianism is the ‘harshness objection’, which states that luck egalitarianism allows for too harsh consequences, as it fails to provide justification for why those responsible for their bad fate can be entitled to society's assistance. It has largely gone unnoticed that the harshness objection is open to a number of very different (...) interpretations. We present four different interpretations of the harshness objection in which the problem pertains to counterintuitive implications, badness of outcome, disproportionality, or inconsistency, respectively. We analyse and discuss appropriate luck egalitarian replies. Disentangling these different versions clarifies what is at the heart of this dispute and reveals the point of the harshness objection. We conclude that only the inconsistency version involves a durable problem for luck egalitarianism. (shrink)

About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. -/- This asymmetry is (...) obviously just a rough structure. It leaves a lot of room for interpretation. Several retributivists have argued for progressive loss of mitigation (PLM). On this view, a first-time offender receives a discount on punishment that is gradually lost if he re-offends. When the discount is lost the offender receives the full punishment, and re-offending from that point on will be punished equally. However, recently some retributivists have argued in favour of a cumulative principle (CP) according to which an offender will progressively be punished more severely the more convictions he has accumulated. In sum, in the theoretical literature on the subject, Asymmetry A has been the mantra for several prominent retributivists. The aim of this paper is to point to an all but overlooked logical point in the discussion of punishment and recidivism. This is the point that it follows, from retributivism, that there is a reason - at least in some situations, as we shall see - to support what we may call: -/- Asymmetry B The punishment of repeat offenders should be more lenient than the punishment of first-time offenders. (shrink)

In this paper, Ayelet Shachar begins by restating the main idea of her important book The Birthright Lottery : Citizenship and Global Inequality and then goes on to address in a constructive spirit the main themes raised by the five preceding comments written by scholars in the fields of law, philosophy and political science.Dans cet article, Ayelet Shachar commence par rappeler l’idée centrale de son livre important The Birthright Lottery: Citizenship and Global Inequality avant de répondre de manière constructive aux (...) cinq commentaires qui précèdent, rédigés par des experts dans les domaines du droit, de la philosophie et de la science politique. (shrink)

The issue of justice after catastrophe is an enormous challenge to contemporary theories of distributive justice. In the past three decades, the controversy over distributive justice has centered on the ideal of equality. One of intensely debated issues concerns what is often called the “equality of what,” on which there are three primary views: welfarism, resourcism, and the capabilities approach. Another major point of dispute can be termed the “equality or another,” about which three positions debate: egalitarianism, prioritarianism, and sufficientarianism. (...) On these topics of distributive justice, authors are concerned with the current difference between the better-off and the worse-off or the present situation of the badly-off. By contrast, it is essential to take account of the past distribution of well-being as well as the present situation in order to explore questions of post-catastrophe justice. Without looking at the pre-disaster distribution of income, preference satisfaction, or basic capabilities among affected people, no present assessment of the damage caused by the disaster could be correct and no proposed remedy adequate. It is true that luck egalitarians assess the current distribution among people by referring to the decision that each individual made. Yet they pay scant attention to the situation in which each one stayed in the past. Therefore, we can legitimately say that most theorists of distributive justice, including luck egalitarians, have failed to give consideration to the past state of each person. -/- To fill this gap in the literature, the present article explores philosophical questions that arise when we take account of each person’s past and present situations in discussing distributive justice regarding public compensation and assistance to survivors and families of victims of natural and industrial disasters. In addressing these novel questions, I develop and refine various concepts, ideas, and arguments that have been presented in the study of distributive justice in normal settings. I tackle two tasks, the first of which is to explore the foundation and scope of luck egalitarianism. Despite the moral appeal it has in many cases, luck egalitarianism has attracted the so-called harshness objection. Some luck egalitarians attempt to avoid this objection in a pragmatic way by combining the luck egalitarian doctrine with the principle of basic needs satisfaction. However, they do not provide any systematic rationale for this combination. In contrast with such pragmatic responses, I seek to offer a principled argument for holding individuals responsible for their choices only when their basic needs are met, by invoking the ideas of respect for human voluntariness and rescue of human vulnerability. Based on this argument, I propose a form of responsibility-sensitive theory, which considers the pre-disaster distribution of well-being as a default position. The second task I take on is to refine sufficientarianism in the context of post-catastrophe justice. Luck egalitarianism with boundaries set by the basic needs principle seems to indicate the potential for sufficientarianism. But major proponents of this view conceive the welfarist assumption, a considerably high standard of well-being, and the controversial treatment of persons staying below the threshold, all of which seem problematic in the post-disaster situation. I try to construct a new version of sufficientarianism by replacing these current features with more robust ones. (shrink)

The scarcity of livers available for transplants forces tough choices upon us. Lives for those not receiving a transplant are likely to be short. One large group of potential recipients needs a new liver because of alcohol consumption, while others suffer for reasons unrelated to their own behaviour. Should the former group receive lower priority when scarce livers are allocated? This discussion connects with one of the most pertinent issues in contemporary political philosophy; the role of personal responsibility in distributive (...) justice. One prominent theory of distributive justice, luck egalitarianism, assesses distributions as just if, and only if, people's relative positions reflect their exercises of responsibility. There is a principled luck egalitarian case for giving lower priority to those who are responsible for their need. Compared to the existing literature favouring such differentiation, luck egalitarianism provides a clearer rationale of fairness, acknowledges the need for individual assessments of responsibility, and requires initiatives both inside and outside of the allocation systems aimed at mitigating the influence from social circumstances. Furthermore, the concrete policies that luck egalitarians can recommend are neither too harsh on those who make imprudent choices nor excessively intrusive towards those whose exercises of responsibility are assessed. (shrink)

Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ mental control, (...) people self-project their own perceived mental control to anchor third-personal judgments about mental control and concomitant responsibility for negligent wrongdoing. In four experiments (N = 841), we tested whether perceptions of mental control drive third-personal judgments of blame for negligent wrongdoing. Study 1 showed that the ease with which people can counterfactually imagine an individual being non-negligent mediated the relationship between judgments of control and blame. Studies 2a and 2b indicated that perceived mental control has a strong effect on judgments of blame for negligent wrongdoing and that first-personal judgments of mental control are moderately correlated with third-personal judgments of blame for negligent wrongdoing. Finally, we used an autobiographical memory manipulation in Study 3 to make personal episodes of forgetfulness salient. Participants for whom past personal episodes of forgetfulness were made salient judged negligent wrongdoers less harshly compared to a control group for whom past episodes of negligence were not salient. Collectively, these findings suggest that first-personal judgments of mental control drive third-personal judgments of blame for negligent wrongdoing and indicate a novel role for counterfactual thinking in the attribution of responsibility. (shrink)

A considerable literature has emerged around the idea of using ‘personal responsibility’ as an allocation criterion in healthcare distribution, where a person's being suitably responsible for their health needs may justify additional conditions on receiving healthcare, and perhaps even limiting access entirely, sometimes known as ‘responsibilisation’. This discussion focuses most prominently, but not exclusively, on ‘luck egalitarianism’, the view that deviations from equality are justified only by suitably free choices. A superficially separate issue in distributive justice concerns the two–way relationship (...) between health and other social goods: deficits in health typically undermine one's abilities to secure advantage in other areas, which in turn often have further negative effects on health. This paper outlines the degree to which this latter relationship between health and other social goods exacerbates an existing problem for proponents of responsibilisation (the ‘harshness objection’) in ways that standard responses to this objection cannot address. Placing significant conditions on healthcare access because of a person's prior responsibility risks trapping them in, or worsening, negative cycles where poor health and associated lack of opportunity reinforce one another, making further poor yet ultimately responsible choices more likely. It ends by considering three possible solutions to this problem. (shrink)

Male genital problems and injuries may occur quite simply because of the scrotum and penis are not protected like other organs. Genital problems and injuries normally happen through: recreational activities (like Football, Hooky, biking, basketball), work- related tasks (like contact to irritating chemicals), downhill drop, and sexual activity. A genital injury frequently causes harsh pain that typically disappear fast without causing enduring harm. Home handling is generally all that is required for trivial problems or injuries. Pain, inflammation, staining, or (...) rashes that are coexist with other symptoms might be a source for concern. Genital problems in men is one of the most common problems which requires fast intervention. In this paper we present an expert system that help men diagnose their genital problems and give them the proper treatment. SL5 Object expert system language was used to design and implement this expert system. (shrink)

Radical skepticism is the view that we know nothing or at least next to nothing. Nearly no one actually believes that skepticism is true. Yet it has remained a serious topic of discussion for millennia and it looms large in popular culture. What explains its persistent and widespread appeal? How does the skeptic get us to doubt what we ordinarily take ourselves to know? I present evidence from two experiments that classic skeptical arguments gain potency from an interaction between two (...) factors. First, people evaluate inferential belief more harshly than perceptual belief. Second, people evaluate inferential belief more harshly when its content is negative (i.e., that something is not the case) than when it is positive (i.e., that something is the case). It just so happens that potent skeptical arguments tend to focus our attention on negative inferential beliefs, and we are especially prone to doubt that such beliefs count as knowledge. That is, our cognitive evaluations are biased against this specific combination of source and content. The skeptic sows seeds of doubt by exploiting this feature of our psychology. (shrink)

Torture is unethical and usually counterproductive. It is prohibited by international and national laws. Yet it persists: according to Amnesty International, torture is widespread in more than a third of countries. Physicians and other medical professionals are frequently asked to assist with torture. -/- Medical complicity in torture, like other forms of involvement, is prohibited both by international law and by codes of professional ethics. However, when the victims of torture are also patients in need of treatment, doctors can find (...) themselves torn. To accede to the requests of the torturers may entail assisting or condoning terrible acts. But to refuse care to someone in medical need may seem like abandoning a patient and thereby fail to exhibit the beneficence expected of physicians. -/- In this paper, we argue that this dilemma is real and that sometimes the right thing for a doctor to do, overall, is to be complicit in torture. Though complicity in a wrongful act is itself prima facie wrongful, this judgment may be outweighed by other factors. We propose three criteria for analyzing how those factors apply to particular cases of medical complicity in torture. (shrink)

This paper examines Hobbes’s criticisms of Robert Boyle’s air-pump experiments in light of Hobbes’s account in _De Corpore_ and _De Homine_ of the relationship of natural philosophy to geometry. I argue that Hobbes’s criticisms rely upon his understanding of what counts as “true physics.” Instead of seeing Hobbes as defending natural philosophy as “a causal enterprise … [that] as such, secured total and irrevocable assent,” 1 I argue that, in his disagreement with Boyle, Hobbes relied upon his understanding of natural (...) philosophy as a mixed mathematical science. In a mixed mathematical science one can mix facts from experience with causal principles borrowed from geometry. Hobbes’s harsh criticisms of Boyle’s philosophy, especially in the _Dialogus Physicus, sive De natura aeris_, should thus be understood as Hobbes advancing his view of the proper relationship of natural philosophy to geometry in terms of mixing principles from geometry with facts from experience. Understood in this light, Hobbes need not be taken to reject or diminish the importance of experiment/experience; nor should Hobbes’s criticisms in _Dialogus Physicus_ be understood as rejecting experimenting as ignoble and not befitting a philosopher. Instead, Hobbes’s viewpoint is that experiment/experience must be understood within its proper place – it establishes the ‘that’ for a mixed mathematical science explanation. (shrink)

While most of the literature has attempted to justify harsh and soft containment given some fundamental commitments of political liberalism, I focus on how justified forms of containment can in themselves be deemed effective. This article shows that a reading of Rawls allows for a comparison of different containment practices based on their capacity to protect the stability of liberal democracies under serious threat. And, in making it possible to compare harsh and soft containment, I evaluate immediate stability (...) gains against citizens’ judgements about their liberal democratic institutions. (shrink)

Hume's Treatise arguments concerning space, time, and geometry, especially ones involving his denial of infinite divisibility; have suffered harsh criticism. I show that in the section "Of the ideas of space and time," Hume gives important characterizations of his skeptical approach, in some respects Pyrrhonian, that will be developed in the rest of the Treatise. When that approach is better understood, the force of Hume's arguments can be appreciated, and the influential criticisms of them can be seen to miss (...) the mark. (shrink)

Plato’s account of pleasure in Republic IX has been treated as an ill-conceived and deeply flawed account that Plato thankfully retracted and replaced in the Philebus. I am convinced, however, that this received view of the Republic’s account is false. In this paper, I will not concern myself with whether, or in what way, Plato’s account of pleasure in the Republic falls short of what we find in the Philebus, but will rather focus on the merits of the former. My (...) concern will be further narrowed down to the first half of the third proof: the proof involves two criteria for the evaluation of pleasures, the criteria of purity and of truth, both of which yield the result that the philosopher’s pleasures are the most pleasant (because it turns out that only those pleasures are pure and only they are true). I will be addressing the criterion of purity, which is based on a psychological/phenomenological account of pleasure and pain. This account has been harshly criticized as full of ambiguity and confusion, as I explain in detail below. I believe, however, that these criticisms result from misunderstanding, and failing to appreciate the complexity of, Plato’s account. In this paper, I will offer an interpretation of Plato’s psychological account of pleasure and pain in Republic IX, showing that this account is, contrary to its detractors, both interesting and persuasive on many points. (shrink)

Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay careful attention to whether the (...) things which punishment is supposed to express are aimed at an audience. For the ability of any version of expressivism to withstand two important challenges, which I call the harsh treatment challenge’ and the ‘publicity challenge’ respectively. will depend on the way it answers them. The first of these challenges has received considerable discussion in the literature on expressive theories of punishment; the second considerably less. This is unfortunate. For careful consideration of the publicity challenge should lead us to favor a version of the expressive theory which has been under-discussed: the view on which punishment has an intended audience, and on which the audience is society at large, rather than—as on the most popular version of that view—the criminal. Furthermore, this view turns out to be better equipped to meet the harsh treatment challenge, and to be so precisely because of the way in which it meets the publicity challenge. (shrink)

In the world according to Hume, people are complicated creatures, with convoluted, often contradictory characters. Consider, for example, Hume's controversial assessment of Charles I: "The character of this prince, as that of most men, if not of all men, was mixed .... To consider him in the most favourable light, it may be affirmed, that his dignity was free from pride, his humanity from weakness, his bravery from rashness, his temperance from austerity, his frugality from avarice .... To speak the (...) most harshly of him, we may affirm, that many of his good qualities were attended with some latent frailty, which, though seemingly inconsiderable, was able, when seconded by the extreme malevolence of his fortune, to disappoint them of all their influence: His beneficent disposition was clouded by a manner not very gracious; his virtue was tinctured with superstition; his good sense was disfigured by a deference to persons of a capacity inferior to his own; and his moderate temper exempted him not from hasty and precipitate resolutions." This sketch shows Charles in all his complexities, with his virtues, near virtues, and contradicting virtues. I have quoted it at length because it is hard to summarize without losing the subtleties that lie within it. Hume's moral theory is based fundamentally on judgments of character, 2 so those subtleties are important to his view. The character sketches that pervade the.. (shrink)

Milan Kundera is now perhaps the greatest living philosopher, but he suffers from logical problems. One might propose that since he is a person who works primarily in the medium of fiction, one should not be too harsh on him, rather find ways to make him more logical. The result may be rather chaste.

The global relation between logical empiricism and American pragmatism is one of the more difficult problems in history of philosophy. In this paper I’d like to take a local perspective and concentrate on the details that concern the vicissitudes of a philosopher who played an important role in the encounter of logical empiricism and American pragmatism, namely, Ernest Nagel. In this paper, I want to explore some aspects of Nagel’s changing attitude towards the then „new“ logical-empiricist philosophy. In the beginning (...) Nagel welcomed logical empiricism whole-heartedly. This early enthusiasm did not last. At the end of his philosophical career Nagel’s early positive attitude towards logical empiricism shown in the 1930s had been replaced by a much more reserved one. Nagel’s growing dissatisfaction with the Carnapian version of logical empiricist philosophy was clearly expressed in Nagel’s criticism of Carnap’s inductive logic and more generally in his last book Teleology Revisited and Other Essays on History and Philosophy of Science. There he critized harshly Carnap’s philosophy of science in general as ahistoric and non-pragmatist. One of the distinctive features of Nagel’s philosophy of science is the emphasis that he put on the role of history of science for philosophy of science. A compelling evidence for this attitude are his works on the history and philosophy of geometry and algebra One may say that Carnap and Nagel represented opposed possibilities of how the profession of a philosopher of science could be understood: Carnap as a „conceptual engineer“ was engaged in the task of inventing the conceptual tools for a better theoretical understanding of science, while Nagel was to be considered more as a „public intellectual“ engaged in the project of realizing a more rational and enlightened society. (shrink)

A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon from a lenient judicial sentence, which is not mercy by the law’s lights? These are questions about what mercy as it is understood in law has to do with mercy as it is understood outside of law, and about who in government acts mercifully and when, if indeed anyone in government ever does. Here I (...) propose a general analysis of mercy, then bring that analysis to bear on government action. Three features of my analysis are noteworthy. First, almost all existing analyses say that mercy is unconstrained in a normative sense, but I argue that mercy is unconstrained in the way that arbitrary power is unconstrained. Second, although it’s often assumed that mercy must be motivated by compassion, I show that mercy only requires acting with the intention to benefit the recipient. Third, my analysis says that mercy requires the giver of mercy to overcome a motivation to treat the recipient harshly. Given this analysis, few government acts are merciful, but pardon is an institutional approximation or analog of mercy. -/- . (shrink)

In the heyday of linguistic philosophy an experimental philosophy movement was born, and this chapter tells its story, both in its historical and philosophical context and as it is connected to controversies about experimental philosophy today. From its humble beginnings at the Vienna Circle, the movement matured into a vibrant research program at Oslo, and sought adventure at Berkeley thereafter. The harsh and uncharitable reaction it met is surprising but understandable in light of disciplinary tensions and the legacy of (...) antipsychologism—sentiments and arguments which have reemerged today, albeit in modified form. Yet the research at Oslo remained unperturbed and it flourished in both its theory and its applications, which spanned the philosophical domain. The Berkeley years were short but intense, as exemplified by their engagement with ordinary-language philosophy, J.L. Austin, and the theory of communicative significance. (shrink)

How can intellectuals who oppose the illegitimate war in Iraq come to similar terms with the U.S. neoconservatives, and their unrepentant British collaborators, who have stranded us in it? In the Tempest, Shakespeare’s most political play, comedy though it is meant to be, intellectuals are warned not to consider themselves guiltless. But how can those who marched against the war, or who tried to speak truth to power in other ways, be guilty of its misuses? Surely this is too (...) class='Hi'>harsh a view of the role of the public intellectual. What choice did Prospero really have? He was exiled, hapless, stranded. What choice do intellectuals who are against the war have? We, too, are powerless. Aren’t we? (shrink)

Kant has a number of harsh-sounding things to say about beggars and giving to beggars. He describes begging as “closely akin to robbery”, and says that it exhibits self-contempt. In this paper I argue that on a particular interpretation of his political philosophy his critique of giving to beggars can be seen as part of a concern with social justice, and that his analysis makes sense of some troubling aspects of the phenomenology of being confronted with beggars. On Kant's (...) view, without absolute poverty relief, the poor persons' external freedom is subject to the arbitrary choices of those who have means. But the legitimacy of the state is based on ensuring that no one's basic freedom is subject to the arbitrary choices of another. This means that in a legitimate state public structures must ensure that there is unconditional poverty relief. Having your basic needs met through private charity wrongs you. Kant's analysis is that when you encounter someone in a public space who asks you for money to meet their basic survival needs, you are being asked to solve a public problem in a private interaction, and there is no rightful way for you to do this. (shrink)

Against the Artists. Jun'ichirō Tanizaki and the Man of Art. -/- This essay explores the concepts of "art" (gei) and "man of art" (geinin) in Tanizaki's works. These two notions belong to an ancient Japanese aesthetic tradition. The concept of 'gei' means "realization", "skill", but also "technique" and "ability". Traditional stage performances such as 'nō', 'kyōgen', 'bunraku', 'kabuki', are typical examples of 'gei'. On the other hand the concept of 'geinin' implies three pivotal aspects: 1) a strict and harsh (...) aesthetic education; 2) an environment suitable to develop the man of art's sensitivity; 3) a long process of emotional maturation. This perspective, according to this paper, sheds light on the peculiar Japanese aesthetic "difference" in relation to the concepts of art and artist developed - on the contrary - in Western tradition. (shrink)

Excerpt: 1. Introduction This chapter provides insight into the diverse ethical debates on genetics and epigenetics. Much controversy surrounds debates about intervening into the germline genome of human embryos, with catchwords such as genome editing, designer baby, and CRISPR/Cas. The idea that it is possible to design a child according to one’s personal preferences is, however, a quite distorted view of what is actually possible with new gene technologies and gene therapies. These are much more limited than the editing and (...) design metaphors suggest. Such metaphors are therefore highly problematic phrases in the context of new gene technologies, for two reasons. On one hand, to design a child of choice by modifying the genome would require modifying any gene of choice, which is more than can be done with current gene technologies, such as CRISPR/Cas. On the other hand, a modification of genes would need to be enough to create any characteristic of choice in the future child. The latter presupposes the assumption of genetic determinism. Moreover, the CRISPR/Cas technology can not only be used in a potentially therapeutic manner at the germline level. In addition, there is the (more likely) scenario of a future clinical therapeutic use of these new gene technologies for modifying the DNA sequence of other cells of the body (somatic genome editing). There is also the option of modifying the epigenome, that is, the spatial configuration of DNA (epigenome editing) (see table 1). Like genetics and genome editing, epigenetics has been at the center of recent popular scientific and ethical discourse as well as scientific debates. The concept of epigenetics has given rise to very different notions of inheritability and responsibility for health, which, however, are oftentimes based on scientifically controversial basic assumptions. That there continues to be covert genetic determinism in the form of epigenetic determinism (see table 2) in debates about epigenetics has been pointed out in ethical analyses of epigenetics. Neither genetic determinism nor epigenetic determinism has been confirmed scientifically. It is therefore important to recognize the concepts that are discussed (and sometimes harshly criticized) in debates about genome editing and epigenetics—for example, concepts about the causal role of DNA for our own life course. This importance is based on the fact that if we understand such controversial concepts, we will be able to remain critical when evaluating scientific knowledge and ethical arguments about genome editing and epigenetics. This chapter, therefore, explains some of these concepts. For an ethical analysis of epigenetics as well as of genome editing, it is necessary to understand and critically reflect upon the underlying concepts of genetic determinism and other, related -isms. The following section offers a detailed introduction to these -isms (section 2; see also table 2). Section 3 provides an ethical analysis of genome editing and epigenetics based on the explanations in section 2. Section 3 focuses on inheritability and responsibility, justice, safety, the problem of consent, and the effects of genome editing and epigenetics on embryos and future generations. This section does not discuss in detail further points that can be found in ethical debates about epigenetics as well as in ethical debates about genome editing. These points include (among others): • fear that the findings of epigenetics and that the methods of genome editing are misused—this also with respect to eugenics and enhancement; • naturalness—an issue we mention in passing a few times in the following analysis; • a possible connection between the genome/epigenome and the concept of human dignity, and the derived danger of instrumentalization and infringement of autonomy when intervening in the genome or epigenome. Since current discourse about ethical issues associated with genome editing focuses mainly on germline interventions, which are, for instance, interventions into a human embryo’s genome, we mainly focus on germline interventions when comparing the debates on genome editing and on epigenetics in section 3. (shrink)

Both proponents and opponents of capital punishment largely agree that death is the most severe punishment that societies should consider imposing on offenders. This chapter considers how (if at all) this ‘Ultimate Thesis’ can be vindicated. Appeals to the irrevocability of death, the badness of being executed, the badness of death, or the harsh condemnation societies express by sentencing offenders to death do not succeed in vindicating this Thesis, and in particular, fail to show that capital punishment is more (...) severe than the most likely alternative punishment offenders would suffer, namely, lifelong incarceration. The most plausible vindication of the Ultimate Thesis instead resides in how being condemned to death alters a person’s psychological relation to death. Our ordinary tendencies toward “death denial” diminish the terror that our awareness of death can otherwise induce in us, thereby enabling us to pursue worthwhile lives despite knowing of death’s inevitability. But condemned individuals are continually compelled to confront both the reality and specific circumstances of their own deaths and so do not enjoy the protective psychic shield that death denial provides us. This ‘relational’ rationale does not obviously succeed in proving the Ultimate Thesis, but if the Thesis is true, this rationale is essential to its justification. (shrink)

Luck egalitarians think that considerations of responsibility can excuse departures from strict equality. However critics argue that allowing responsibility to play this role has objectionably harsh consequences. Luck egalitarians usually respond either by explaining why that harshness is not excessive, or by identifying allegedly legitimate exclusions from the default responsibility-tracking rule to tone down that harshness. And in response, critics respectively deny that this harshness is not excessive, or they argue that those exclusions would be ineffective or lacking in (...) justification. Rather than taking sides, after criticizing both positions I also argue that this way of carrying on the debate – i.e. as a debate about whether the harsh demands of responsibility outweigh other considerations, and about whether exclusions to responsibility-tracking would be effective and/or justified – is deeply problematic. On my account, the demands of responsibility do not – in fact, they can not – conflict with the demands of other normative considerations, because responsibility only provides a formal structure within which those other considerations determine how people may be treated, but it does not generate its own practical demands. (shrink)

In this paper I explore some ideas inspired by Federico Picinali’s Justice In-Between: A Study of Intermediate Criminal Verdicts. Picinali makes a case for the introduction of intermediate options in criminal trials – verdicts with consequences that are harsher than an acquittal, but not so harsh as a conviction. From a certain perspective, the absence of intermediate options in criminal trials is puzzling – out of kilter with much of our everyday decision-making and, perhaps, with the recommendations of expected (...) utility theory. I will argue, however, that the lack of intermediate options is much less puzzling when put in the context of our ordinary practices of blame and non-legal punishment. (shrink)

Objective. We investigated associations between adults’ beliefs about the heritability of virtue and endorsements of the efficacy of specific parenting styles. Design. In Studies 1 (N = 405) and 2 (N = 400), beliefs about both the genetic etiology of virtuous characteristics and parenting were assessed in samples of parents and non-parents. In Study 3 (N = 775), participants were induced to view virtue as determined by genes or as determined by social factors. Heritability beliefs and authoritarian parenting endorsements were (...) subsequently measured. Results. Study 1 and Study 2 converged to reveal that tendencies to view characteristics as determined by genes were positively associated with endorsement of authoritarian parenting styles. This association occurred independent of individual differences in essentialism and rightwing authoritarianism. Study 3 revealed that exposure to genetic accounts of virtue increased beliefs that virtue is caused by genes, which in turn was positively associated with endorsements of authoritarian parenting responses to child problem behavior. Exposure to genetic accounts of virtue increased endorsement of authoritarian parenting among parents, but was unrelated to authoritarian parenting among non-parents. Conclusions. These studies suggest that genetic accounts of virtuous characteristics reliably relate to more positive beliefs about harsh and controlling parenting practices, illuminating an unrecognized cognitive factor associated with authoritarian parenting endorsement. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in (...) such inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...) relatively minor respect, Strauss-Kahn’s defenders were correct. They were correct to argue that the parading of Strauss-Kahn before the press, in handcuffs - the so-called perp walk - constituted a form of punishment; and thus that it contravened the principle that criminal punishments should only be administered after a fair trial. So-called ‘expressive’ theorists of punishment hold that a form of harsh treatment can only constitute a form of punishment if it has an expressive role. Within the expressive family, we can distinguish between views on which the primary target of the communication to be the society of which either offender, or victim, or both are members—what I call ‘Denunciatory Views’, and views which take the principle target of penal communication to be the offender—such as Antony Duff’s Communicative View. I shall argue that on both a minimal account of punishment and on either kind of expressive view, ‘perp walks’ are a form of punishment. (shrink)

This research, aims to develop a conceptual framework to assess the entrepreneurial properties of the Vietnamese reform, known as Doi Moi, even before the kickoff of Doi Moi policy itself. The authors argue that unlike many other scholars’ assertion, economic crisis and harsh realities were neither necessary nor sufficient conditions for the reform to take place, but the entrepreneurial elements and undertaking were, at least for the case of Vietnam’s reform. Entrepreneurial process, on the one hand, sought structural changes (...) and kicked off innovation, and on the other hand, its induced outcome further invited changes and associated opportunities. The paper also concludes that an assessment of possibility for the next stage of Doi Moi should take into account the entrepreneurial factors of the economy and predict the emergence of new entrepreneurial facets in the next phase of economic development. (shrink)

The striking title The End of Art managed to draw attention to the philosophical work of Arthur Danto. However, the lack of a systematic development which could support this thesis made him face harsh criticism. However, strong foundations for his statements can be deduced from his writings. In this paper, I analyse how to understand the thesis of the ‘end of art’. It should be approached not as a monolitical notion but as a complex concept that combines three different (...) senses: 1) the ‘end of art’ in the Hegelian sense: the conversion of art into philosophy, 2) the ‘end of art’ in the historiographical sense: as the end to the narratives of the history of art, and 3) the ‘end of art’ as the beginning of a new period in history, where Danto’s philosophy of art would be fully valid. (shrink)

The concept of similarity has had a rather mixed reputation in philosophy and the sciences. On the one hand, philosophers such as Goodman and Quine emphasized the „logically repugnant“ and „insidious“ character of the concept of similarity that allegedly renders it inaccessible for a proper logical analysis. On the other hand, a philosopher such as Carnap assigned a central role to similarity in his constitutional theory. Moreover, the importance and perhaps even indispensibility of the concept of similarity for many empirical (...) sciences can hardly be denied. The aim of this paper is to show that Quine’s and Goodman’s harsh verdicts about this notion are mistaken. The concept of similarity is susceptible to a precise logico-mathematical analysis through which its place in the conceptual landscape of modern mathematical theories such as order theory, topology, and graph theory becomes visible. Thereby it can be shown that a quasi-analysis of a similarity structure S can be conceived of as a sheaf (etale space) over S. (shrink)

Plato’s view on pleasure in the Republic emerges in the course of developing the third proof of his central thesis that the just man is happier than the unjust. Plato presents it as the “greatest and most decisive” proof of his central thesis, so one might expect to find an abundance of scholarly work on it. Paradoxically, however, this argument has received little attention from scholars, and what has been written on it has generally been harshly critical. I believe that (...) this treatment of the argument has been unfair and that the relevant passages deserve a more careful and charitable interpretation. In this paper, I take up two serious charges that scholars have leveled against this proof, that it is inconsistent and that it involves a “fatal ambiguity”. I show that these charges result from misinterpreting Plato’s text, and I offer an alternative interpretation of the relevant passages. In doing so, I hope to shed some light on the complexities involved in Plato’s unappreciated third proof. (shrink)

Luck egalitarianism is often taken to task for its alleged harsh implications. For example, it may seem to imply a policy of nonassistance toward uninsured reckless drivers who suffer injuries. Luck egalitarians respond to such objections partly by pointing to a number of factors pertaining to the cases being debated, which suggests that their stance is less inattentive to the plight of the victims than it might seem at first. However, the strategy leaves some cases in which the attribution (...) of individual responsibility is appropriate . One such case is oral health or significant aspects of this. It is appropriate, the paper argues, to hold people responsible for a number of factors that affect their oral health. A luck egalitarian approach inspired by John Roemer can assess whether people have acted responsibly by comparing their choices to those of their peers. A luck egalitarian approach to oral health would recommend prioritizing scarce resources in a responsibility-weighted queuing system and include copayment and general taxation among its measures of financing. (shrink)

A prominent view in contemporary philosophy of technology suggests that more technology implies more possibilities and, therefore, more responsibilities. Consequently, the question ‘What technology?’ is discussed primarily on the backdrop of assessing, assigning, and avoiding technology-borne culpability. The view is reminiscent of the Olympian gods’ vengeful and harsh reaction to Prometheus’ play with fire. However, the Olympian view leaves unexplained how technologies increase possibilities. Also, if Olympians are right, endorsing their view will at some point demand putting a halt (...) to technological development, which is absurd. Hence, we defend an alternative perspective on the relationship between responsibility and technology: Our Promethean view recognises technology as the result of collective, forward-looking responsibility and not only as a cause thereof. Several examples illustrate that technologies are not always the right means to tackle human vulnerabilities. Together, these arguments prompt a change in focus from the question ‘What technology?’ to ‘Why technology?’. (shrink)

Taking into consideration the extremely harsh public health conditions faced by the majority of the world population, the Health Impact Fund (HIF) proposal seeks to make the intellectual property regimes more in line with human rights obligations. While prioritizing access to medicines and research on neglected diseases, the HIF makes many compromises in order to be conceived as politically feasible and to retain a compensation character that makes its implementation justified solely on basis of negative duties. Despite that current (...) global health realities make such steps reasonable, the paper looks up the negative effects on one overlooked human right: the right to participate in scientific advancement. (shrink)

Anslem raised a puzzle about mercy: How can anyone (God, say, or a judge) be both just and merciful at the same time? For it seemed to Anselm that justice requires giving people what they deserve, while being merciful involves treating people less harshly than they deserve. This puzzle has led to a number of analyses of mercy. But a strange thing emerges from discussions of this topic: people seem to have wildly divergent intuitions about putative cases of mercy. Examples (...) that are taken by some to be paradigm cases of mercy are seen by others to be clear instances of non-mercy. This phenomenon gives rise to a new puzzle: Why is it that people seem to have such wildly divergent intuitions about putative examples of mercy? This paper proposes a new analysis of mercy that provides solutions to both of these puzzles about mercy. (shrink)

My intention in this paper is to reframe the practice of veiling as an embodied practice of self-development and self- transformation. I argue that practices like these cannot be handled by the choice/chance distinction relied on by those who would restrict religious minority accommodations. Embodied self- transformation necessarily means a change in personal identity and this means the religious believer cannot know if they will need religious accommodation when they begin their journey of piety. Even some luck egalitarians would find (...) leaning exclusively on preference and choice to find who should be burdened with paying the full costs of certain choices in one’s life too morally harsh to be justifiable. I end by briefly illustrating an alternative way to think about religious accommodation that does not rely on the choice/chance distinction. (shrink)

This work is driven by the attempt to criticise Phenomenology with the help of Levinas. Similar to the Frankfurt School, he characterises it as a “vision of essences”. These eidetical essences are, and can never be fully absolute, not only because several movements of Hegelian Dialectics are refuted in submitting knowledge either to the imago of mere immanence, or to normative structures which are postulated as invariant like in certain versions of Neoplatonism, but because they function as an apriori of (...) an eternally unfinished and fragmented Lebenswelt. Maybe it is to harsh to compare Husserl to the neoscholastic readings of Descartes and to the formalist interpretations of Kant. Husserl is well aware of the kinaesthetic foundations of consciousness and, contrary to Heidegger, he even promotes Spinozism in a certain phase of his work which excels his adolescent fervour of Berkeley. Nevertheless, Husserl incorporates a subject-based, “monadic” transcendentalism, that paradoxically leads to the dissolution of subjective identity. Traditional reasoning itself is exfoliated to perfection in Heidegger afterwards. Husserl's halfhearted formalism ignores the materialist theory of the simulacrum by Lucretius. Heideggers philosophy widens this overseen aspect in calling the Eidos an Aussehen in referring to the Presocratics, but it despises any kind of method and finally flees in to poetry, maintaining its fatalist errors which it committed right form the start: this is why it gained the name of pseudo-concreteness. Cursed through a specific anti-sociological tendency caused by an anti-empiricist vision of history, their theories virtually (not conceptually) exclude the influences of society on philosophy: they are the end result of the era of Kulturkampf, in which idealism tried to battle positivism, naturalism and historicism. Husserl even defines this philosophical battle as the very struggle of existence. The formulation of the Eidos becomes performance. Aristotle used Eidos synonymous to genus and species. Hence the amplitudes of these philosophies foster the metaphysical standpoint of race, that got out of hand in the Nazi Era and even later on. The “topic” of blood and soil appears in Husserl's definition of Heimwelt and his Eurocentrism. Phenomenology is in no case to blame for National Socialism, and it has very little to to with its causes. My work simply tries to make the same analogy that Marx had made for Hegel. It tries to describe, how two leading philosophers of the German Bourgeoisie are reproducing the categories of their surrounding society without even really observing it. (shrink)

In spite of being ubiquitous in life sciences, the concept of information is harshly criticized. Uses of the concept other than those derived from Shannon's theory are denounced as pernicious metaphors. We perform a computational experiment to explore whether Shannon's information is adequate to describe the uses of said concept in commonplace scientific practice. Our results show that semantic sequences do not have unique complexity values different from the value of meaningless sequences. This result suggests that quantitative theoretical frameworks do (...) not account fully for the complex phenomenon that the term “information” refers to. We propose a restructuring of the concept into two related, but independent notions, and conclude that a complete theory of biological information must account completely not only for both notions, but also for the relationship between them. (shrink)

Melancholy is a central expressive property of the Before films and key to understanding and appreciating the trilogy as a whole. That, in a nutshell, is the thesis I develop in this paper. In the first section, I present a philosophical account of melancholy in general and aesthetic melancholy in particular. Melancholy is understood here as the profound and bittersweet emotional experience that occurs when we vividly grasp a harsh truth about human existence in such a way that we (...) come to appreciate certain aspects of life more deeply. The second section of the paper focuses on the many intense as well as more subtle moments of melancholy in the various encounters between Celine and Jesse. These moments, I argue, are partly prompted by the environment and the circumstances in which they find themselves. But both of them also actively seek out and create such moments by the stories they tell and the reflections they engage in. That seems part of who they are as individuals and, I contend, it may be part of what attracts them to each other. In the third section, I address ‘film expression’, as opposed to ‘character expression’, and argue that melancholy is not just present in the characters’ dialogue and in their facial and bodily expressions but is also expressed through various cinematic means. The final section centres on the audience and the reception of the Before trilogy. I introduce the distinction between expression and expressiveness and suggest that the films may have resonated deeply with some viewers because they are so expressive of melancholy. (shrink)

If humans may indeed legitimately intervene in conservation areas to let nature be and to protect the lives of all the diverse individual animals under their care, then the management of elephants must be legitimate as part of the conservation of natural world diversities. If this is so, to what extent are current management options ethically acceptable? In this article I address the ethics of the management options available once the judgement has been made that there are too many elephants (...) in a conservation area. I evaluate the ethical acceptability of four options, i.e., the simulation of nature, translocation, contraception, and culling. I furthermore ask whether the harsh blow of culling under very specific conditions can be softened by the taming and training of African elephants. I then examine the ethics of decision making about these issues. Before I do so, two issues must be discussed that decisively influence the management of elephants. The one is whether it is ethically justifiable to fence in elephants. The second is the ethical requirements of the scientific practice that informs management decisions. In the article I come to the conclusion that all four options are ethically flawed. All four require some violation of the important injunction to let nature be and to treat individual animals with respect. However, to do nothing and allow a loss of other species violates the important goal of conserving natural world diversity. (shrink)

Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and exit of goods and (...) to pay then refund the price. Moreover, the goods are exposed again to damage and perishing risks. Furthermore, the international sale contract is inherently associated with other international contracts such as goods transport contract, insurance contract and documentary credit through which the price is paid. If the sale contract is terminated, its effect will apply to all other associated contracts, if not performed, which produces many issues and hardships. (shrink)

Nietzsche sometimes praises the drive to order—to simplify, organize, and draw clear boundaries—as expressive of a vital "classical" style, or an Apollonian artistic drive to calmly contemplate forms displaying "epic definiteness and clarity." But he also sometimes harshly criticizes order, as in the pathological dialectics or "logical schematism" that he associates paradigmatically with Socrates. I challenge a tradition that interprets Socratism as an especially one-sided expression of, or restricted form of attention to, the Apollonian: they are more radically disparate. Beyond (...) strengthening the case for this basic point, I develop a distinctive account of what, exactly, distinguishes the Apollonian-classical and Socratic forms of order. To this end, I advance interrelated interpretations of Apollonian-classical simplicity and the "cold" calm that it elicits, by contrast to superficially similar Socratic phenomena. This illuminates Nietzsche's broader ambivalence toward science, in part by clarifying the nature and value of an idealized Apollonian science. (shrink)

Most philosophers believe that wrongdoers sometimes deserve to be punished by long prison sentences. They also believe that such punishments are justified by their consequences: they deter crime and incapacitate potential offenders. In this article, I argue that both these claims are false. No one deserves to be punished, I argue, because our actions are shot through with direct or indirect luck. I also argue that there are good reasons to think that punishing fewer people and much less harshly will (...) have better social consequences, at a reduced overall cost, then the long prison sentences that are usually seen as required for social protection. (shrink)

Among the main themes introduced by the Ficinian renovatio platonica, love and beauty are certainly ones of the most outstanding and philosophically relevant for the metaphysical, cosmological and anthropological doctrines they convey. Pupil and recognised successor of Marsilio Ficino, Francesco Cattani da Diacceto is the author of an organic and complex philosophy of love and his contribution is extremely significant amid De amore Renaissance treatises. Cattani’s attitude is twofold and ambiguous: he heavily depends on Pico and on his Commento sopra (...) una canzona de amore, however, he also shows his disapproval to Pico’s positions by quoting and commenting negatively large portions of his texts − always keeping the lid on Pico’s name. In addition to doctrinal dissent there seems to be a certain resentment: maybe it is the attempt to throw Pico’s figure and cultural legacy into the shade and to display himself as the only and worthy successor of Ficino; certainly it is the will to defend his master from Pico’s harsh criticism, a defence that became more compelling with the publication of the Commento in 1519, which probably inspired Cattani’s last and unfinished work, the In Platonis Symposium enarratio. (shrink)

Male genital problems and injuries may occur quite simply because of the scrotum and penis are not protected like other organs. Genital problems and injuries normally happen through: recreational activities (like Football, Hooky, biking, basketball), workrelated tasks (like contact to irritating chemicals), downhill drop, and sexual activity. A genital injury frequently causes harsh pain that typically disappear fast without causing enduring harm. Home handling is generally all that is required for trivial problems or injuries. Pain, inflammation, staining, or rashes (...) that are coexist with other symptoms might be a source for concern. Genital problems in men is one of the most common problems which requires fast intervention. In this paper we present an expert system that help men diagnose their genital problems and give them the proper treatment. SL5 Object expert system language was used to design and implement this expert system. (shrink)