Given the wide the range of legally available options for end-of-life care in recent decades: from aggressive, even experimental, treatment to active euthanasia, our ethical analysis struggles to keep pace with technology and law. In this essay I show that the principle of double effect (PDE) remains, and will continue to be, a useful tool for ethical analysis of end-of-life care. According to PDE, an agent may ethically perform an act that s/he foresees will have a significant bad effect (e.g., (...) death) in addition to a good effect (e.g., pain relief) only if s/he does not intend the bad effect, the act is not bad for reasons other than its causing the bad effect, and there is a proportionately serious reason to act. Following a brief explanation of PDE and preliminary considerations in favor of counting death as a bad effect, I analyze several end-of-life options in terms of the principle. I begin with those that enjoy significant consensus among proponents of PDE: active euthanasia, “passive euthanasia,” and palliative care. Then I consider the less-straightforward cases of drug provision, refusing food and water, and terminal sedation, arguing that participation in such actions is justifiable via PDE only under very limited conditions. (shrink)

In a recent publication Tom Douglas and Katrien Devolder have proposed a new account of genetic parenthood, building on the work of Heidi Mertes. Douglas and Devolder’s account aims to solve, among other things, the question of who are the genetic parents of an individual created through somatic cell nuclear transfer (i.e. cloning): (a) the nuclear DNA provider or (b) the progenitors of the nuclear DNA provider. Such a question cannot be answered by simply appealing to the folk account (...) of genetic parenthood, according to which the genetic parents of an individual are those individuals who produced the egg and sperm, respectively, which fused to create the embryo. It cannot be so as in cloning there is no fertilization as such. In this article I critically examine Douglas and Devolder’s new account of genetic parenthood and demonstrate that it is vulnerable to counterexamples that exploit the lack of a condition specifying that genetic parents should cause a child’s coming into existence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.3 (2003) 417-418 [Access article in PDF] Heidi M. Ravven and Lenn E. Goodman, editors. Jewish Themes in Spinoza's Philosophy. Albany: The State University of New York Press, 2002. Pp. ix + 290. Cloth, $78.50. Paper, $26.95.The current anthology presents an important contribution to the study of Spinoza's relation to Jewish philosophy as well as to contemporary scholarship of Spinoza's metaphysics and (...) political theory.In the opening essay, Lenn Goodman takes upon himself the ambitious task of evaluating Spinoza's positions as to several central disputes throughout the history of philosophy. In this rich and extensive essay Goodman argues that Spinoza's radical rationalism makes him pursue syntheses between traditionally opposed poles. Lee Rice's article, "Love of God in Spinoza," carefully analyzes Spinoza's concept of love and suggests the existence of three kinds of love parallel to the three kinds of knowledge. Warren Montag addresses the unresolved issue of Spinoza's relation to the Kabbalah. Montag sides with Deleuze against the association of Spinozism with the Neo-Platonic theory of emanation, arguing that unlike the Neo-Platonists and Kabbalists, Spinoza's view of God rules out any hierarchy, and does not assume a descent from primal simplicity into complexity. Edwin Curley contributes a beautiful reading of the story of Job and of Maimonides' interpretation of the story. Curley follows Maimonides' discussion of the various positions regarding the question of divine providence and his attempt to identify the speeches of the characters of the book of Job with each of these positions. Following a sensitive consideration of various attempts to [End Page 417] recover Maimonides' own rather concealed view about providence, Curley concludes that "[W]hatever you think Maimonides' final word on Job is, our examination of him certainly supports [Spinoza's] claim that [Maimonides] reads Scripture in terms of Platonic or Aristotelian speculations" (170).Warren Zev Harvey's essay addresses Spinoza's most neglected work, the Compendium of the Grammar of the Hebrew Language. Apart from providing an outline of Spinoza's work as a Hebrew grammarian ("a noun-intoxicated grammarian") and pointing out some of Spinoza's more eccentric views about the nature of the Hebrew language, Harvey makes a compelling case for the importance of the book for the study of Spinoza's metaphysics. He points out a fascinating analogy which Spinoza draws between the parts of speech: (proper) noun, adjectives, and participles, and Spinoza's key metaphysical terms: substance, attributes, and modes. (Think about the weighty implications of this analogy for Curley's interpretation of the substance-mode relation.) According to Harvey, Spinoza's claim that all Hebrew words are derived from nouns is a linguistic parallel to Spinoza's pivotal metaphysical doctrine which makes all things be in the substance (or God). Kenneth Seeskin's article discusses the views of Maimonides and Spinoza on the question of creation and God's relation to the world. Seeskin reconstructs an interesting critical dialogue between these two philosophers. According to Seeskin, both philosophers held that an effect must be similar to its cause. Maimonides' commitment to Negative Theology and to the denial of any common measure between God and finite things forced him to deny causal or explanatory relation between God and the world. What Maimonides can suggest instead is rather to prove that the emergence of the world ex nihilo and according to the divine will, is possible, and even likely given certain astronomical facts of medieval science. Thus, Maimonides would hold that "although we have grounds for believing that creation occurred, we will never be in a position to say how" (120). For Spinoza, such a view constitutes nothing but a "sanctuary of ignorance." Thus, according to Seeskin, Spinoza affirms a clear causal relation between God and the world of finite things insofar as God is said to explain the world. While I tend to agree with most aspects of this analysis, it is important to note that Spinoza also claims that "between the finite and infinite there is no relation" (Letter 54). This... (shrink)

Fictional names present unique challenges for semantic theories of proper names, challenges strong enough to warrant an account of names different from the standard treatment. The theory developed in this paper is motivated by a puzzle that depends on four assumptions: our intuitive assessment of the truth values of certain sentences, the most straightforward treatment of their syntactic structure, semantic compositionality, and metaphysical scruples strong enough to rule out fictional entities, at least. It is shown that these four assumptions, taken (...) together, are inconsistent with referentialism, the common view that names are uniformly associated with ordinary individuals as their semantic value. Instead, the view presented here interprets names as context-sensitive expressions, associated in a context of utterance with a particular act of introduction, or dubbing, which is then used to determine their semantic value. Some dubbings are referential, which associate names with ordinary individuals as their semantic values; others are fictional, which associate names, instead, with sets of properties. Since the semantic values of names can be of different sorts, the semantic rule interpreting predication must be complex as well. In the body of the paper, I show how this new treatment of names allows us to solve our original puzzle. I defend the complexity of the semantic predication rule, and address additional worries about ontological commitment. (shrink)

Many spectacular claims about psychopaths are circulated. This contribution aims at providing the reader with the more complex reality of the phenomenon (or phenomena), and to point to issues of particular interest to philosophers working in moral psychology and moral theory. I first discuss the current evidence regarding psychopaths’ deficient empathy and decision-making skills. I then explore what difference it makes to our thinking whether we regard their deficit dimensionally (as involving abilities that are on or off) and whether we (...) focus on primary or secondary psychopathy. My conclusion is that most grand claims about psychopathy settling long-standing debates in moral philosophy and psychology are overblown, but there is much to be learnt from this disorder when it comes to formulating modern theories of moral psychology. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

It is often argued that the ability to imagine what others think and feel is central to moral functioning. In this paper, I consider to what extent this is true. I argue that neither the ability to think of others as having representational mental states, nor the ability to imagine being in their position, is necessary for moral understanding or moral motivation. I go on to argue that the area in which thinking about others’ thoughts and feelings appears to play (...) the largest role is that of supererogatory actions. Being able to get on well with others seems to be importantly predicated on our ability to think about their thoughts and feelings and being able to take up their perspective. However, when it comes to grosser moral norms and restrictions, such as harm norms, there is little reason to think that thinking about others’ thoughts and feelings plays a central role in understanding such norms or being motivated by them. (shrink)

What makes a person the same over time is a question dealt with by many philosophers. I too offered a purely metaphysical answer in a different work, however, as with many other theorists, I offered an answer outside of considering the political consequences of the theory I offered. Upon reflection, I now see that this was a mistake in need of correction. This is because I believe that conceptually a theory about how a person remains one and the same over (...) time presupposes an understanding of the nature of personhood as an ontological kind. That is, to remain the same person over time logically requires remaining a person. While being a counting as a person is a purely metaphysical matter, the fact is having the status of being a person is highly significant both morally and politically, as any social movement fighting for being granted this status to groups of individuals who have been denied it. To ignore the moral and political consequences of a metaphysical theory of persons is therefore ethically irresponsible. I argue that many of the assumptions concerning personhood are ethically and politically biased in favor of a conception of persons that disadvantages certain individuals, and that examining and correcting these biases is essential to be ethically responsible theorists of personhood. (shrink)

Standard rigid designator accounts of a name’s meaning have trouble accommodating what I will call a descriptive name’s “shifty” character -- its tendency to shift its referent over time in response to a discovery that the conventional referent of that name does not satisfy the description with which that name was introduced. I offer a variant of Kripke’s historical semantic theory of how names function, a variant that can accommodate the character of descriptive names while maintaining rigidity for proper names. (...) A descriptive name’s shiftiness calls for a semantic account of names that makes their semantic values bipartite, containing both traditional semantic contents and what I call "modes of introduction." Both parts of a name's semantic value are derived from the way a name gets introduced into discourse -- from what I refer to as its "context of introduction." Making a name's semantic value bipartite in this way allows for a definite description to be a part of proper name's meaning without thereby sacrificing that name’s status as a rigid designator. On my view, a definite description is part of descriptive name’s mode of introduction. That is, it is part of what determines the content assigned to that name. As it turns out, making a definite description part of a descriptive name’s mode of introduction allows for that definite description to play the role of a mere reference-fixer regarding that name’s content, as Kripke would have it. However, my account allows a definite description to fix a descriptive name’s content actively over time, thereby explaining its inherent shiftiness. (shrink)

In “Semantics of Fictional Terms,” Garcia-Carpintero critically surveys the most recent literature on the topic of fictional names. One of his targets is realism about fictional discourse. Realists about fictional discourse believe that: (a) it contains true sentences that have fictional names as their subjects; (b) sentences containing names can be true only if those names have referents; (c) fictional names have fictional characters – abstract objects – as their referents. The fundamental problem that arises for realists is that not (...) all true sentences containing fictional names are plausibly about abstract objects. This leads to the need to introduce disjunctive conceptions of property attribution that Garcia-Carpintero claims are implausible, and that realism should therefore be rejected. He also maintains, however, that (a) is correct. I agree. Furthermore, I am also committed to anti-realism about fictional discourse – that fictional names have no referents. Garcia-Carpintero claims that my view is simply a notational variant of realism. I argue that this is false – that my view could not possibly be a notational variant of any extant realist theory. (shrink)

Abstract: Many, if not most philosophers, deny that a sentence like ‘Sherlock Holmes smokes’ could be true. However, this attitude conflicts with the assignment of true to that sentence by natural language speakers. Furthermore, this process of assigning truth values to sentences like ‘Sherlock Holes smokes’ seems indistinguishable from the process that leads speakers to assign true to other sentences, those like ‘Bertrand Russell smokes’. I will explore the idea that when speakers assign the value true to the first sentence, (...) they are not mistaken or confused — that we ought to take these assignments at face value. I show how the most popular alternative to this idea is inadequate for explaining various sentences involving fictional names. In addition, I offer evidence that these truth value assignments to sentences are tracking semantic content rather than pragmatic effects. (shrink)

Empty names vary in their referential features. Some of them, as Kripke argues, are necessarily empty -- those that are used to create works of fiction. Others appear to be contingently empty -- those which fail to refer at this world, but which do uniquely identify particular objects in other possible worlds. I argue against Kripke's metaphysical and semantic reasons for thinking that either some or all empty names are necessarily non-referring, because these reasons are either not the right reasons (...) for thinking that a name necessarily must fail to refer, or they are too broad -- they make every empty name necessarily non-referential. Plausibly, the explanation for the necessary non-reference of fictional names should be semantic, yet the explanation should not rule out a priori the contingent non-reference of certain other empty names. In light of this, I argue that a name's semantic value needs to carry information about its referential potential. I claim that names do so by encoding information about the way they were introduced into discourse. Names that are fictional will be marked as being non-referential -- they will fail to refer as a matter of their semantics. In contrast, names that are contingently empty will be marked as referential, but they will be failed referential names that could have been successful. The reason, then, for the non-referential status of a fictional name, will be semantic, as our intuitions suggest it should be. Likewise, the reason for the non-referential status of other empty names, those created by acts of failed attempts to refer, will be metaphysical, again, in keeping with our intuitions. (shrink)

My aim in this paper is to show that the existence of empty names raise problems for the Millian that go beyond the traditional problems of accounting for their meanings. Specifically, they have implications for Millian strategies for dealing with puzzles about belief. The standard move of positing a referent for a fictional name to avoid the problem of meaning, because of its distinctly Millian motivation, implies that solving puzzles about belief, when they involve empty names, do in fact hang (...) on Millian assumptions after all. (shrink)

Critics of Institutional Review Board (IRB) practices often base their charges on the claim that IRB review began with and is premised upon a "medical model" of research, and hence a "medical model" of risk. Based on this claim, they charge that IRB review, especially in the institutional Reviw boardsocial and behavioral sciences, has experienced "mission creep". This paper argues that this line of critique is fundamentally misguided. While it remains unclear what critics mean by "medical model", the point of (...) contemporary human research subjects regulation remains the same across all domains of research. That point is to protect the autonomy of human subjects, primarily through the use of informed consent. In fields as different as biomedical self-experimentation and ethnography there is the danger of losing sight of subjects' autonomy. Critiques of the so-called medical model are sometimes libertarian and sometimes utilitarian in spirit. Either way, such critiques have not yet demonstrated that these philosophical schools of thought have the resources to guard against the potential risk of harm that lexically prioritizing the autonomy of human subjects does. Precisely because IRB review recognizes that human subjects research occurs in different fields using different research methods, IRB review requires researchers to explain their particular methods, the particular risks of harm created by these methods, and the implementation of procedures by which subjects may autonomously consent to precisely those risks. (shrink)

This is what I hope is an illuminating, and to a certain degree, novel exposition of Montague Grammar. It is against many standard interpretations, and perhaps even against things Montague himself says at times. However, it makes more sense of how his various commitments fit together in a systematic way. Why, for instance, is it called "Montague Grammar" rather than "Montague Semantics," and what role does his commitment to Fregeanism plays in his conception of language? It is clear that he (...) is committed to the idea that function application is the fundamental mode of semantic composition, and that he is committed to an intensional framework. However, intensions have, since Carnap, been understood as nearly conceptually equivalent to functions from possible worlds to sets of individuals. But, in truth, possible worlds semantics is just dressed up extensional semantics. There are just more objects to go around to serve as inputs for functions, whatever we think of their ontological status. That is, possible worlds semantics is really a semantic reduction of intensional semantics achieved by expanding our ontological commitments. It would be difficult to make sense of Montague's strong commitment to Fregean semantics, if his notion of intension was that of Carnap's. According to my interpretation, Montague's notion of intension must be distinct from the version adopted by possible world semantics. Montague took seriously the idea that intensional semantics was something quite different from extensionalist semantics. The first was not reducible to the second semantically speaking. Just as Frege believed that meaning consisted of both sense and reference, so too did Montague. However, just as Frege also believed, Montague thought that sense and reference were systematically related. As I illustrate, interpreting Montague as adopting a different notion of intension can also resolve the apparent problem of distinguishing the difference in meaning between intensional equivalents. It might also enable us to draw a distinction in epistemic logic between an agent having contradictory beliefs and believing contradictions. (shrink)

There are many examples offered as evidence that proper names are predicates. Not all of these cases speak to a name’s semantic content, but many of them do. Some of these include attributive, quantifier, and ambiguity cases. We will explore those cases here, and we will see that none of them conclusively show that names are predicates. In fact, all of these constructions can be given alternative analyses that eliminate the predicative characteristics of names they feature. These analyses do not (...) involve having names functioning as predicates in any way at all. In attributive cases, the names within them are to be understood as occurring in a comparative construction, not an attributive construction. In the last two sorts of cases, the names that occur are analyzed as part of a more complex referring device for a specific domain, rather than functioning as predicates. Both paraphrases can be given plausible semantic treatments that have significant advantages over their competitors. For this reason, there is less motivation to focus on predicative views of proper names. (shrink)

Recently, and rather startlingly, given the history of the debate about a name's semantic content, some claim that names are in fact predicates -- predicativism. Some of predicativists claim that a name's semantic content involves the concept of being called -- calling accounts that have been traditionally meta-linguistic. However, these accounts fail to be informative. Inspired by Burge's claim that proper names are literally true of the individuals that have them, Fara develops a non-meta-linguistic concept of being called analysed in (...) terms of property attributions. I offer seven separate reasons for rejecting the account, one of which is that Fara's development of the view, at least, has implausible consequences for a theory of name acquisition. I sketch an alternative account of name acquisition that is meta-linguistic in nature, but because it is not offered as a theory of name's content, the standard worries fail to apply. In fact, I argue that an account of name acquisition must be meta-linguistic, and therefore a more nuanced conception of meta-linguistic speech acts is required. The account invokes Austin's performative-constative distinction. It analyses name acquisition as due to performative meta-linguistic speech acts. (shrink)

This was a public talk given in the spring of 2013 during sexual assault awareness week. I believe roughly 800 attended. The philosophy dept was NOT expecting that but at any rate, this is the gist: While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex positive feminists" whose proponents (...) had very different understandings of what counts as sexual autonomy for women. It is important to understand that questioning the current definitions of what counts as an instance of sexual assault does not entail an anti-feminist agenda. There is not a unified feminist front on this topic. To assume otherwise is to risk silencing victims of sexual assault even further by imposing a particular conception of sexual assault upon them that they might themselves reject. If we are to properly address sexual assault as feminists we must listen to victims of sexual assault and develop a theory of consent in tandem with victims' own understanding of that concept. (shrink)

In this paper, I argue that standard psychological continuity theory does not account for an important feature of what is important in survival – having the property of personhood. I offer a theory that can account for this, and I explain how it avoids the implausible consequences of standard psychological continuity theory, as well as having certain other advantages over that theory.

According to EJ Lowe, diachronic necessity and synchronic necessity are logically independent. Diachronic possibility concerns what could happen to an object over time and therefore concerns future possibilities for that object given its past history. Synchronic possibility concerns what is possible for an object in the present or at a past present moment. These are logically independent, given certain assumptions. While it may true that because I am 38, it is impossible diachronically for me to be 30 (at least once (...) we restrict the degree of relevant possibility), it is possible, given that at some point in the past, I may have been conceived slightly earlier than I was, that I am now 37. Likewise, it is possible diachronically for me to be somewhere other than where I am, but given that one object cannot be in different places at the same time, it is impossible for me now to be somewhere other than where I am, and this is true at each past point in my history too. There are, then, two axis upon which to distinguish what is and is not possible: tensed possibilities and possibilities of degree, which include nomic, metaphysical, and logical necessities, among others. I examine the interactions between these possibilities and I come to the conclusion that logical necessity is not in fact logical necessity simpliciter. Whether something is logically necessary depends upon tensed possibilities. I argue that while synchronic logical necessity entails diachronic logical necessity, the reverse entailment does not hold. I explore the consequences of this for certain philosophical debates in semantics including the concept of rigid designation, and descriptive names. (shrink)

This book is about whether reference to an individual is the essential feature of a proper name -- a widely held view -- or whether referring to an individual is simply a contingent feature. Three questions need resolving, then. First, whether all names in particular contexts are themselves referring devices. Second, whether recognizing names types and the consequent issue of their ambiguity can be resolved simply by distinguishing between name types and tokens thereof. Last, whether names are ever referential in (...) the way Kripke and others have convincingly argued. The answer to first two questions is negative. The answer to third is a qualified "yes." I explain the theory that allows for these answers in the manuscript, as well as addressing other issues such as: the problem of fictional names; descriptive names; empty names; what an act of naming consists of; an account of ontological commitment; and the data that suggests that names are predicates. (shrink)

Psychopaths are the bugbears of moral philosophy. They are often used as examples of perfectly rational people who are nonetheless willing to do great moral wrong without regret; hence the disorder has received the epithet “moral insanity” (Pritchard 1835). But whereas philosophers have had a great deal to say about psychopaths’ glaring and often horrifying lack of moral conscience, their aesthetic capacities have received hardly any attention, and are generally assumed to be intact or even enhanced. Popular culture often portrays (...) psychopaths in ways that suggest a great gap between their amorality and their aesthetic sensitivity. In The Silence of the Lambs (Jonathan Demme, 1991), Hannibal Lecter appreciates fine art, fashion, and wine, while he eats his way through his enemies. His real-life counterparts, however, do not demonstrate the same sensitivities. There is no evidence that psychopaths are capable of real aesthetic appreciation, and some evidence that they are not. In this paper, we set out the limited evidence for the psychopath’s deficient aesthetic sensitivity. The best explanations of what the psychopath lacks turn out to implicate abilities that are also thought to be central to moral thought and action: an impaired capacity for empathizing with others and deficient ability to take a disinterested attitude towards things (socalled distance). We endorse the latter explanation. Thinking about what underlies the psychopath’s deficient aesthetic understanding turns out to throw light on a difficult problem: the connection between ethics and aesthetics. (shrink)

The philosophical foundation of human rights has become more explicit, given that the presumption of peace in the Preamble to the Universal Declaration of Human Rights demands further development, both in its definition and in the conditions or requirements for its fulfillment. Based on the discussion of the human right to peace, we propose to reinterpret the Arendtine expression “The right to have rights” as the philosophical formula that calls for the ascension of peace to a legal enunciation; this is (...) based on the critique of Human Rights, the valuation of human singularity, and on believing in the merging of actions and discourses that characterize Hannah Arendt’s politics.Keywords: peace, human rights, stateless persons, philosophical foundation, the human right to peace. (shrink)

Nonviolent movements mainly characterized by not taking part in and resist-ing violent practices developed no multiple levels have had a significant contribution inputting an end to wars and oppressive systems. However, it is worth asking whether theyhave, consequently, contributed to the construction of peace. This article, centered onGandhi, reflects upon the general contribution of nonviolence for historical changes ar-ticulated through Paul Ricoeur’s critique and interpretation of the influence of these move-ments in the intricate relationship between politics and violence. -/- .

Some are skeptical about the possibility of objectivity in law. In this article, I argue that common law legal adjudication can yield objective judgments, based on a legitimate conception of objectivity, one that shares in the kind of objectivity available to scientific and ethical judgments.

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...) aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

This article approaches the reflections of Paul Ricoeur regarding testimony to befound in his work Memory, History,Forgetting. Through reading of this work, we pos-tulate the idea that to consider others as readers or spectators of our actions forms animportant part of the construction of human subjectivity. The thesis that subjectivityarises as a discourse towards the other is proposed here, inasmuch as human experi-ences are transmitted narratively in the form of testimony, which stands as an examplefor the understanding of the experiences (...) of the past. (shrink)

—Commentary on Mikhalevich and Powell on invertebrate minds.— Whether or not arthropods are sentient, they can have moral standing. Appeals to sentience are not necessary and retard progress in human treatment of other species, including invertebrates. Other increasingly well-documented aspects of invertebrate minds are pertinent to their welfare. Even if arthropods are not sentient, they can be agents whose goals—and therefore interests—can be frustrated. This kind of agency is sufficient for moral status and requires that we consider their welfare.

An increasing number of European research projects return, or plan to return, individual genomic research results (IRR) to participants. While data access is a data subject’s right under the General Data Protection Regulation (GDPR), and many legal and ethical guidelines allow or require participants to receive personal data generated in research, the practice of returning results is not straightforward and raises several practical and ethical issues. Existing guidelines focusing on return of IRR are mostly project-specific, only discuss which results to (...) return, or were developed outside Europe. To address this gap, we analysed existing normative documents identified online using inductive content analysis. We used this analysis to develop a checklist of steps to assist European researchers considering whether to return IRR to participants. We then sought feedback on the checklist from an interdisciplinary panel of European experts (clinicians, clinical researchers, population-based researchers, biobank managers, ethicists, lawyers and policy makers) to refine the checklist. The checklist outlines seven major components researchers should consider when determining whether, and how, to return results to adult research participants: 1) Decide which results to return; 2) Develop a plan for return of results; 3) Obtain participant informed consent; 4) Collect and analyse data; 5) Confirm results; 6) Disclose research results; 7) Follow-up and monitor. Our checklist provides a clear outline of the steps European researchers can follow to develop ethical and sustainable result return pathways within their own research projects. Further legal analysis is required to ensure this checklist complies with relevant domestic laws. (shrink)

Wittgenstein’s concepts shed light on the phenomenon of schizophrenia in at least three different ways: with a view to empathy, scientific explanation, or philosophical clarification. I consider two different “positive” wittgensteinian accounts―Campbell’s idea that delusions involve a mechanism of which different framework propositions are parts, Sass’ proposal that the schizophrenic patient can be described as a solipsist, and a Rhodes’ and Gipp’s account, where epistemic aspects of schizophrenia are explained as failures in the ordinary background of certainties. I argue that (...) none of them amounts to empathic-phenomenological understanding, but they provide examples of how philosophical concepts can contribute to scientific explanation, and to philosophical clarification respectively. (shrink)

Abstract: Alienation and slavery from Precious or what we don't want to see. It is our purpose to establish, in a parallel reading, these two films (highly rewarded), namely The Fence and Precious, that apparently being so different, are an illustration of the reality of life and the modern democratic world: the social uprooting and slavery. If in the movie of Phillip Noyce and Christone Olsen The Fence, is told a story of three young Aboriginal girls who are forcibly taken (...) to be transformed into domestic slaves, in the movie of Lee Daniels Precious, the young woman is already a servant in her own home and seeks the transformation of her life. Uniting these two stories, we find fundamental elements: illiteracy, ill-treatment, the idea of a migration (real or metaphysical), among others, but whose fundamental notion is the journey. If the film The Fence, the fence itself is used to conduct the three young Aboriginal to a real reunion with the family, in Precious, the metaphorical ‘fence’ is the limit of her world. From this interpretation, we will undertake our reflection about what we consider to be the alienation of the modern world and the silence we produce about them. (shrink)

O presente trabalho visa apresentar a solução dada por Santo Agostinho ao problema do mal, aliado à aparente contraditoriedade entre a presciência de Deus e a liberdade humana. Para isto, será útil como bibliografia principal do filósofo sua obra De libero arbitrio, um livro em forma de diálogo onde o pensador esclarece suas posições acerca do livre-arbítrio e da presciência divina.

The article investigates the main characteristics of the financial stability of Ukrainian banks, their risk profile, structure of assets, liabilities, income, expenses based on the monthly reporting data for 2004-2020 (number of observations – 3 813). The Kohonen self-organizing map (SOM) toolkit is used to form homogeneous groups of banks based on a large number of financial indicators. The selected toolkit provides a convenient visualization of the results. Each bank occupies a specific place on the SOM. The close location of (...) banks on the map indicates that these banks have many common characteristics. This study is called the method of structural and functional groups of banks. The study formed stable groups of banks with the same characteristics of business models and risk profile. The formation of consecutive maps for each reporting period allows to obtain the characteristics of each bank separately and the banking system as a whole. The trajectory of an individual bank’s activity during the observation period characterizes the development of its business strategy. The migration of a large number of banks between groups reflects the objective changes in the conditions of banking. Increasing groups of high-risk banks indicate systemic problems. The results show that after a significant reduction in the banking system of Ukraine in 2014-2016, the business models of banks have changed significantly. The resource base relies on unstable sources of current funds with no set term of use. In the assets of banks, a significant portion is invested in government securities – government bonds. Bank loan portfolios have declined and have a higher proportion of non-performing assets (NPL). Many banks have increased currency risk. Concerns are raised about the state of large state-owned banks that hold a separate high-risk group. Thus, the conducted research allows to distinguish groups of banks with specific characteristics of business models and to observe changes of risk profile inherent to these groups. For each structural-functional group, changes in the values of financial indicators are investigated and migration between groups is studied. The proposed methodology is useful for studying both macro and macro levels. (shrink)

In this article, I examine the moral dimensions of gender affirmation. I argue that the moral value of gender affirmation is rooted in what Iris Murdoch called loving attention. Loving attention is central to the moral value of gender affirmation because such affirmation is otherwise too fragile or insincere to have such value. Moral reasons to engage in acts that gender affirm derive from the commitment to give and express loving attention to trans people as a way of challenging their (...) marginalization. In the latter part of the paper, I will discuss how my arguments bear on recent arguments by Robin Dembroff and Daniel Wodak (2018) on the use of gender-neutral language. They argue that we have a duty not to use gender-specific pronouns for anyone. Their conclusion turns, in part, on a rejection of gender affirmation as a moral duty. The value of gender affirmation, rooted in our moral perception of trans people, should make us skeptical of this conclusion, in favor of a more nuanced and pluralistic approach to the ethics of gendering. (shrink)

De uma perspectiva comportamentalista radical, o eu é um repertório verbal complexo, que, como tal, tem uma gênese social. O reconhecimento da origem social do “eu” abre caminho para uma análise política, incluindo uma discussão do pa- pel das relações de poder na constituição do eu. Entretanto, uma concepção radicalmente social do “eu”, como a proposta pelo comportamentalismo, suscita um problema político: se o eu é integralmente produto do ambiente social, de onde viria uma eventual “vontade” de romper com esse (...) sistema? Parece que para reconhecer a possibilidade de ação política transformadora seria preciso preservar uma noção descontextualizada de “eu”. Considerando essa dificuldade, o objetivo deste artigo é propor uma interpretação política da constituição do “eu” no âmbito do comportamentalismo radical, mantendo no horizonte a possibilidade de uma ação política transformadora. Para tanto, destacamos como “eus” oprimidos são tornados submissos, mas também como de certas contingências podem emergir “eus” subversivos, que se opõem a um sistema social opressivo. Esse “eu” subversivo é caracterizado por um repertório de autoconhecimento mais amplo, que inclui a discriminação do papel das relações de poder e do controle promovido por instituições. Concluímos, com isso, que um “eu” socialmente constituído pode ser politicamente ativo. (shrink)

Resumo: A crise na União Europeia e os programas de austeridade subsequentes fizeram emergir uma miríade de movimentos sociais, diversos na sua natureza e nos seus propósitos. O que se pretende aferir neste artigo é a relação e a conexão existentes entre o Estado, o poder económico, a sociedade civil e os movimentos sociais neste contexto específico de crise. Procuraremos, nesta breve abordagem, explanar alguns elementos de originalidade intrínsecos aos movimentos sociais hodiernos, patentes na sua forma de participação e organização, (...) assim como aplicar estas questões teóricas relevantes ao contexto português. A parte empírica, dada a escassez de estudos de caso existentes, será apoiada no último inquérito do European Social Survey, de 2012. Analisando um conjunto de perguntas aí explícitas, podemos compreender, de forma indirecta, algumas das dinâmicas que caracterizam estes movimentos. Abstract: The crisis in the European Union and the subsequent austerity programs have unleashed a myriad of social movements, diverse in its nature and purpose. The purpose of this paper is to assess the relationship and connection between the State, economic power, civil society and social movements in this specific context of crisis. We will try, in this brief approach, to explain some elements of originality intrinsic to modern social movements, evident in their form of participation and organization, as well as to apply these theoretical questions relevant to the Portuguese context. The empirical part, given the paucity of existing case studies, will be supported in the last survey of the European Social Survey of 2012. By analyzing a set of questions explicit there, we can, indirectly, understand some of the dynamics that characterize these movements. (shrink)

Shedding light on the political power and oppressive potential of language, theories of illocutionary silencing and discursive injustice show how gender, class and race can shape the pragmatics of speech, limiting in some circumstances the speaker’s ability to do things with her words. This article takes a close look at discursive injustice in trials for gender-based violence in connection with the phenomenon of misogyny. It argues that in the courtroom the testimony of the complainant is sometimes silenced by a sexist (...) ideology used in service of misogynistic ends. In particular, it argues that sexist social meanings can sometimes be enacted by the judge and accommodated by prosecutors, figuring as a component of the score in the language game of the trial and thus 1) determining what counts as sexual violence and 2) preventing complainants from making the moves they intend to make. (shrink)

Causal closure arguments against interactionist dualism are currently popular amongst physicalists. Such an argument appeals to some principles of the causal closure of the physical, together with certain other premises, to conclude that at least some mental events are identical with physical events. However, it is crucial to the success of any such argument that the physical causal closure principle to which it appeals is neither too strong nor too weak by certain standards. In this paper, it is argued that (...) various forms of naturalistic dualism, of an emergentist character, are consistent with the strongest physical causal closure principles that can plausibly be advocated. (shrink)

The Pyrrhonist’s argumentative practice is characterized by at least four features. First, he makes a therapeutic use of arguments: he employs arguments that differ in their persuasiveness in order to cure his dogmatic patients of the distinct degrees of conceit and rashness that afflict them. Secondly, his arguments are for the most part dialectical: when offering an argument to oppose it to another argument advanced by a given dogmatist, he accepts in propria persona neither the truth of its premises and (...) conclusion nor the validity of its logical form. Thirdly, he avails himself of arguments in his own open-minded inquiry into the truth about a wide range of topics. Fourthly, Pyrrhonian argumentation is oppositional inasmuch as it typically works by producing oppositions among arguments that appear to the Pyrrhonist to be equipollent. In this article, I focus on the first three features with the aim of both shedding some light on them and determining whether they are in tension or coherently relate to each other. (shrink)

The role of imagination in Descartes. The critic of Sartre to the concept of image in Descartes.

This chapter examines how our sense modalities interact in the perception of persistence. The chapter concentrates on two questions. The first concerns perceptual processing—do perceptual computations of object persistence ever integrate and compute over representations from more than one modality? It argues that this question should be answered affirmatively. The second question concerns perceptual experience—do experiences of object persistence ever exhibit a constitutively multisensory phenomenal character, or is the phenomenology of object persistence always uniquely associated with just one modality? The (...) chapter argues that the available evidence underdetermines the answer to this question, but suggests ways it might be empirically resolved. (shrink)

Este ensaio estabelece uma comparação estética e fenomenológica entre os pensamentos de Yves-Klein e Merleau-Ponty. Se o pintor materializou as suas reflexões e concepções em obra pictórica, o fenomenólogo francês dissertou na escrita filosófica o resultado da sua reflexão. Da análise conjunta entre um e outro resulta esta fenomenologia e estética comparativa que apresenta alguns conceitos fundamentais que alimentaram essas reflexões, tais como a visibilidade, o corpo, o mundo. Assim, para além dessa comparação, este ensaio viabiliza o diálogo entre ambos. (...) Palavras-chave: Corpo. Mundo. Visibilidade. Merleau-Ponty. Yves Klein -/- Abstract:This essay establishes an aesthetic and phenomenological comparison between the thoughts of Yves-Klein and Merleau-Ponty. If the painter materialized his reflections and concepts in pictorial work, the French phenomenologist disserted in the philosophical writing the result of his reflection. From the joint analysis between one and the other, this phenomenology and comparative aesthetics results, which presents some fundamental concepts that fed these reflections such as visibility, the body, the world. Thus, in addition to this comparison, this essay enables the dialogue between both. Keywords: Body. World. Visibility. Merleau-Ponty. Yves Klein. (shrink)

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)

In four experiments, we offer evidence that virtues are often judged as uniquely important for some business practices (e.g., hospital management and medical error investigation). Overall, actions done only from virtue (either by organizations or individuals) were judged to feel better, to be more praiseworthy, to be more morally right, and to be associated with more trustworthy leadership and greater personal life satisfaction compared to actions done only to produce the best consequences or to follow the correct moral rule. These (...) results accord with claims made by some virtue ethicists. The current data contribute to a small but growing body of literature emphasizing both empirical soundness and philosophical rigor in the scientific study of virtue. Results also offer some guidance concerning how businesses, employees, and executives are evaluated and perceived. Implications for theory and practice are discussed. (shrink)