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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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 theories concerning how an individual person remains one and the same over time presupposes an understanding (...) of the nature of personhood as an ontological kind. While being a person is a purely metaphysical matter, the fact is that 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)

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)

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)

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)

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)

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)

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.

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. -/- .

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)

Résumé Si l’absence de moralité des psychopathes a été largement étudiée, il existe peu de recherches sur leurs capacités esthétiques. Pourtant, beaucoup d’études cliniques de cas montrent qu’ils présentent un grave déficit dans ce domaine. Cet article se propose d’en chercher les causes. Il analyse les forces et les limites de l’hypothèse d’un manque d’empathie pour expliquer ces carences esthétiques, et montre pourquoi l’hypothèse d’un manque de distance psychique se révèle plus féconde. Celle-ci permet en outre de comprendre le lien (...) de l’esthétique et de l’éthique par leur filiation commune : elles ont pour socle commun la capacité à prendre de la distance par rapport à des intérêts étroitement égoïstes. (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 a Festschrift in honour of Valtteri Arstila, a professor of theoretical philosophy at the University of Turku. The book is structured in three sections. The first two—‘Mind and Action’ and ‘Time and Temporal Experience’—include papers focussed on issues particularly close to Arstila's own research specialisation. The final section contains papers on various further philosophical issues. The first section, ‘Mind and Action’, collects together contributions on a variety of topics such as consciousness, content, agency and normativity; encompassing approaches from (...) within analytic philosophy, phenomenology and the history of philosophy. The second section, ‘Time and Temporal Experience’, collects together papers on topics including the nature of time itself; of our experience of time and of historicity and temporality more broadly; approaching these issues from a variety of perspectives including historical approaches. The final section brings together papers that touch on issues within philosophy of science, logic, philosophy of language, political philosophy and more besides. (shrink)

We take up the challenge of developing an international network with capacity to survey the world's scientists on an ongoing basis, providing rich datasets regarding the opinions of scientists and scientific sub-communities, both at a time and also over time. The novel methodology employed sees local coordinators, at each institution in the network, sending survey invitation emails internally to scientists at their home institution. The emails link to a ‘10 second survey’, where the participant is presented with a single statement (...) to consider, and a standard five point Likert scale. In June 2023, a group of 30 philosophers and social scientists invited 20,085 scientists across 30 institutions in 12 countries to participate, gathering 6,807 responses to the statement 'Science has put it beyond reasonable doubt that COVID-19 is caused by a virus'. The study demonstrates that it is possible to establish a global network to quickly ascertain scientific opinion on a large international scale, with high response rate, low opt-out rate, and in a way that allows for significant (perhaps indefinite) repeatability. Measuring scientific opinion in this new way would be a valuable complement to currently available approaches, potentially informing policy decisions and public understanding across diverse fields. (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.

Is behavioral integration (i.e., which occurs when a subjects assertion that p matches her non-verbal behavior) a necessary feature of belief in folk psychology? Our data from nearly 6,000 people across twenty-six samples, spanning twenty-two countries suggests that it is not. Given the surprising cross-cultural robustness of our findings, we suggest that the types of evidence for the ascription of a belief are, at least in some circumstances, lexicographically ordered: assertions are first taken into account, and when an agent sincerely (...) asserts that p, non-linguistic behavioral evidence is disregarded. In light of this, we take ourselves to have discovered a universal principle governing the ascription of beliefs in folk psychology. (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)

A minimal truthmaker for a given proposition is the smallest portion of reality which makes this proposition true. Minimal truthmakers are frequently mentioned in the literature, but there has been no systematic account of what they are or of their importance. In this article we shall clarify the notion of a minimal truthmaker and argue that there is reason to think that at least some propositions have minimal truthmakers. We shall then argue that the notion can play a useful role (...) in truthmaker theory, by helping to explain the truth of certain propositions as precisely as possible. (shrink)

Machine learning algorithms may radically improve our ability to diagnose and treat disease. For moral, legal, and scientific reasons, it is essential that doctors and patients be able to understand and explain the predictions of these models. Scalable, customisable, and ethical solutions can be achieved by working together with relevant stakeholders, including patients, data scientists, and policy makers.

We model scientific theories as Bayesian networks. Nodes carry credences and function as abstract representations of propositions within the structure. Directed links carry conditional probabilities and represent connections between those propositions. Updating is Bayesian across the network as a whole. The impact of evidence at one point within a scientific theory can have a very different impact on the network than does evidence of the same strength at a different point. A Bayesian model allows us to envisage and analyze the (...) differential impact of evidence and credence change at different points within a single network and across different theoretical structures. (shrink)

Precision Medicine is driven by the idea that the rapidly increasing range of relatively cheap and efficient self-tracking devices make it feasible to collect multiple kinds of phenotypic data. Advocates of N = 1 research emphasize the countless opportunities personal data provide for optimizing individual health. At the same time, using biomarker data for lifestyle interventions has shown to entail complex challenges. In this paper, we argue that researchers in the field of precision medicine need to address the performative dimension (...) of collecting data. We propose the fun-house mirror as a metaphor for the use of personal health data; each health data source yields a particular type of image that can be regarded as a ‘data mirror’ that is by definition specific and skewed. This requires competence on the part of individuals to adequately interpret the images thus provided. (shrink)

Enhanced E-auction Platform is an innovative online bidding system designed to bring the excitement of live auctions directly to users’ homes. Leveraging cutting-edge technologies such as React, Node.js, and MongoDB, Enhanced E-auction Platform offers a user-friendly platform that enables real-time bidding, strategic auction previews, determining suitable roles and seamless auction item management. Users can experience the thrill of competitive bidding and win extraordinary items from the comfort of their own space. Enhanced E-auction Platform’s advanced features ensure a dynamic and engaging (...) auction environment, setting it apart from traditional auction platforms. (shrink)

In 2035 global egg demand will have risen 50% from 1985. Because we are not able to tell in the egg whether it will become a male or female chick, billons of one day-old male chicks will be killed. International research initiatives are underway in this area, and governments encourage the development of an alternative with the goal of eliminating the culling of day-old male chicks. The Netherlands holds an exceptional position in the European egg trade, but is also the (...) only country in the European Union where the downside of the egg sector, the practice of killing day-old male chicks, is a recurrent subject of societal debate. ‘Preventing the killing of young animals’ and ‘in ovo sex determination’ are the two alternative approaches available to solve this problem. It is clear that both approaches solve the problem of killing day-old male chicks, either by keeping them alive or by preventing them from living, but they also raise a lot of new animal welfare-related dilemmas. A thorough analysis was undertaken of these dilemmas and the results are presented in this article. The analysis resulted in an ethical framework based on the two main approaches in bioethics: a consequentialist approach and a deontological approach. This ethical framework was used to develop an online survey administered to ascertain Dutch public opinion about these alternative approaches. The results show that neither alternative will be fully accepted, or accepted by more than half of Dutch society. However, the survey does provide an insight into the motives that are important for people’s choice: food safety and a good treatment of animals. Irrespective of the approach chosen, these values should be safeguarded and communicated clearly. (shrink)

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)

This essay considers how scholarly approaches to the development of molecular biology have too often narrowed the historical aperture to genes, overlooking the ways in which other objects and processes contributed to the molecularization of life. From structural and dynamic studies of biomolecules to cellular membranes and organelles to metabolism and nutrition, new work by historians, philosophers, and STS scholars of the life sciences has revitalized older issues, such as the relationship of life to matter, or of physicochemical inquiries to (...) biology. This scholarship points to a novel molecular vista that opens up a pluralist view of molecularizations in the twentieth century and considers their relevance to current science. (shrink)

This study used a partial least squares structural equation modelling (PLS-SEM) to estimate curriculum management's direct and indirect effects on university graduate programmes' viability. The study also examined the role of institutional effectiveness in mediating the nexus between the predictor and response variables. This is a correlational study with a factorial research design. The study's participants comprised 149 higher education administrators (23 Faculty Deans and 126 HODs) from two public universities in Nigeria. A structured questionnaire designed by the researchers was (...) used for data collection. The questionnaire was duly validated with an acceptable scale and item content validity indices. The dimensionality of the instrument was determined using exploratory factor analysis (EFA). Convergent validity was based on Average Variance Extracted (AVE), whereas discriminant validity was based on Fornell-Lacker criteria and the Hetero-Trait Mono-Trait (HTMT) ratio. Acceptable composite reliability estimates of internal consistency were reached for the three sub-scales. Following ethical practices, the questionnaire was physically administered to respondents and retrieved afterwards. Smart PLS (version 3.2.9) and SPSS (version 26.0) programs were used for all the statistical analyses. This study uncovered significant direct and indirect effects of curriculum management on the viability of graduate programmes. Institutional effectiveness significantly impacted graduate programmes’ viability while mediating the nexus between curriculum management and graduate programmes’ viability. Curriculum management and institutional effectiveness jointly explained a significant proportion of graduate programmes’ viability variance. The result of this study proved that graduate programmes’ viability depends, to a great extent, on how much curriculum is managed and how effective institutions are with their services. The result of this study can enable institutions seeking to run viable graduate programmes to re-evaluate their curriculum management practices and the effectiveness of their services. (shrink)

Bio-heteronormative conceptions of the family have long reinforced a nuclear ideal of the family as a heterosexual marriage, with children who are the genetic progeny of that union. This ideal, however, has also long been resisted in light of recent social developments, exhibited through the increased incidence and acceptance of step-families, donor-conceived families, and so forth. Although to this end some might claim that the bio-heteronormative ideal is not necessary for a social unit to count as a family, a more (...) systematic conceptualization of the family—the kind of family that matters morally—is relatively underexplored in the philosophical literature. This paper makes a start at developing and defending an account of the family that is normatively attractive and in line with the growing prevalence of non-conventional families and methods of family-formation. Our account, which we call a constitutive-affirmative model of the family, takes the family to be constituted by an ongoing process of relevant affective and affirmative relations between the putative family members. (shrink)

‘The problem with simulations is that they are doomed to succeed.’ So runs a common criticism of simulations—that they can be used to ‘prove’ anything and are thus of little or no scientific value. While this particular objection represents a minority view, especially among those who work with simulations in a scientific context, it raises a difficult question: what standards should we use to differentiate a simulation that fails from one that succeeds? In this paper we build on a structural (...) analysis of simulation developed in previous work to provide an evaluative account of the variety of ways in which simulations do fail. We expand the structural analysis in terms of the relationship between a simulation and its real-world target emphasizing the important role of aspects intended to correspond and also those specifically intended not to correspond to reality. The result is an outline both of the ways in which simulations can fail and the scientific importance of those various forms of failure. (shrink)

Ever since Darwin people have worried about the sceptical implications of evolution. If our minds are products of evolution like those of other animals, why suppose that the beliefs they produce are true, rather than merely useful? We consider this problem for beliefs in three different domains: religion, morality, and commonsense and scientific claims about matters of empirical fact. We identify replies to evolutionary scepticism that work in some domains but not in others. One reply is that evolution can be (...) expected to design systems that produce true beliefs in some domain. This reply works for commonsense beliefs and can be extended to scientific beliefs. But it does not work for moral or religious beliefs. An alternative reply which has been used defend moral beliefs is that their truth does not consist in their tracking some external state of affairs. Whether or not it is successful in the case of moral beliefs, this reply is less plausible for religious beliefs. So religious beliefs emerge as particularly vulnerable to evolutionary debunking. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that the (...) OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)