—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)

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)

The Self Beyond Itself is a defense of an incompatibilist, hard determinist view of free will. Free will is here defined in a very strong sense, as the existence of actions that do not result from any causes other than the agent herself. The question of how to define free will, especially whether it consists in the ability to do otherwise, and what the ability to do otherwise amounts to, is not given much consideration in this book.Ravven frames her work (...) in a broad historical context. The kind of determinism she favors is to be found in Aristotle, Maimonides, and Spinoza, as she interprets them. The main culprit responsible for the Western conception of free will is Augustine. Ravven finds elements of Augustine in a number of theories of free will, including those of Descartes and Kant. In her view, any proponent of free will is an unwitting Augustinian.Ravven’s tendency to see an Augustinian legacy in later views of free will result in her making some fairly implausible claims. Ravven .. (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)

Although the relationship of part to whole is one of the most fundamental there is, this is the first full-length study of this key concept. Showing that mereology, or the formal theory of part and whole, is essential to ontology, Simons surveys and critiques previous theories--especially the standard extensional view--and proposes a new account that encompasses both temporal and modal considerations. Simons's revised theory not only allows him to offer fresh solutions to long-standing problems, but also has far-reaching consequences for (...) our understanding of a host of classical philosophical concepts. (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)

This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic disrespect involved in affirmative action is (...) alleviated when the potential beneficiaries’ preferences against such initiatives are adaptive. We conclude that although there is a relevant sense in which paternalistic affirmative action is disrespectful, it may well be more disrespectful not to pursue such policies. (shrink)

Does martial arts practice contribute to psychological well-being in professional martial artists? If so, what are the specific ways that martial arts practice accomplishes this? It has been a long-standing and widely held belief that martial arts practice can contribute to psychological well-being, however, there has been a lack of empirical research in the psychological literature focused on investigating the details of this hypothesis. The purpose of this research is therefore to investigate the impact of a paradigmatic martial arts practice—shadowboxing—on (...) the psychological well-being of professional martial artists. In this article I present the results from an original empirical study on professional Muay Thai practitioners (n = 14) that reveals how a martial arts practice (shadowboxing) contributes to their overall psychological well-being by contributing to their positive emotions, engagement, relationships, meaning, and accomplishment. I present general results for how shadowboxing contributes to the psychological well-being of these professional martial artists overall, as well as more specific results for how shadowboxing contributes to the psychological well-being of these professional martial artists based on factors such as their gender, fight experience, and training location. This article also provides qualitative first-person reports from professional Muay Thai practitioners (n = 14) about their use of visualization and mental imagery and their experience of flow while shadowboxing, offering unique insight into the minds of professional martial artists as they are actively engaged in their craft. Finally, this article discusses the value and limitations of the present study and outlines suggestions for future research. (shrink)

In August 2021, Froese et al. published survey data collected from 2,543 respondents on their subjective experiences living under imposed social distancing measures during COVID-19 (1). The questionnaire was issued to respondents in the UK, Japan, and Mexico. By combining the authors’ expertise in phenomenological philosophy, phenomenological psychopathology, and enactive cognitive science, the questions were carefully phrased to prompt reports that would be useful to phenomenological investigation and theorizing (2–4). These questions reflected the various author’s research interests (e.g., technology, grief, (...) time). Between April 7th and July 31st, 2021, a second questionnaire with the same question set was issued to respondents of the original who had agreed to do a follow-up. This was intended to capture subjective reports of life under social distancing measures a year after the initial survey. By this time–depending on their country of residence and health status–respondents had potentially lived with repeated and prolonged lockdowns and a variety of other restrictions on their social lives. When taken together, Survey I and Survey II provide a cross-cultural and longitudinal dataset that allows for analysis of longer-term impacts of imposed social distancing measures on people’s experiences. For researchers working in diverse disciplines, this dataset offers a rich resource that reflects people’s reactions to the imposition of different social restrictions in different countries and over different time periods. (shrink)

Online education has become an essential component of education. Thus, several factors, such as the student’s learning strategy and motivation, generally contribute to their academic success. This study investigates the relationship between learning strategies, motivation, and online learning environment among 150 first-year college students. Employing correlational design, the statistical findings of the study reveal that the r coefficient of 0.59 indicates a moderate positive correlation between the variables. The p-value of 0.00, which is less than 0.05, leads to the decision (...) to reject the null hypothesis. Hence, a significant relationship exists between learning strategies, motivation, and the online learning environment. (shrink)

Why does classical equilibrium statistical mechanics work? Malament and Zabell (1980) noticed that, for ergodic dynamical systems, the unique absolutely continuous invariant probability measure is the microcanonical. Earman and Rédei (1996) replied that systems of interest are very probably not ergodic, so that absolutely continuous invariant probability measures very distant from the microcanonical exist. In response I define the generalized properties of epsilon-ergodicity and epsilon-continuity, I review computational evidence indicating that systems of interest are epsilon-ergodic, I adapt Malament and Zabell’s (...) defense of absolute continuity to support epsilon-continuity, and I prove that, for epsilon-ergodic systems, every epsilon-continuous invariant probability measure is very close to the microcanonical. (shrink)

In the transcendental deduction, the central argument of the Critique of Pure Reason, Kant seeks to secure the objective validity of our basic categories of thought. He distinguishes objective and subjective sides of this argument. The latter side, the subjective deduction, is normally understood as an investigation of our cognitive faculties. It is identified with Kant’s account of a threefold synthesis involved in our cognition of objects of experience, and it is said to precede and ground Kant’s proof of the (...) validity of the categories in the objective deduction. I challenge this standard reading of the subjective deduction, arguing, first, that there is little textual evidence for it, and, second, that it encourages a problematic conception of how the deduction works. In its place, I present a new reading of the subjective deduction. Rather than being a broad investigation of our cognitive faculties, it should be seen as addressing a specific worry that arises in the course of the objective deduction. The latter establishes the need for a necessary connection between our capacities for thinking and being given objects, but Kant acknowledges that his readers might struggle to comprehend how these seemingly independent capacities are coordinated. Even worse, they might well believe that in asserting this necessary connection, Kant’s position amounts to an implausible subjective idealism. The subjective deduction ismeant to allay these concerns by showing that they rest on a misunderstanding of the relation between these faculties. This new reading of the subjective deduction offers a better fit with Kant’s text. It also has broader implications, for it reveals the more philosophically plausible account of our relation to the world as thinkers that Kant is defending – an account that is largely obscured by the standard reading of the subjective deduction. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

The paper argues that intensional phenomena can be explained without appealing to "exotic" entities: one that don't exist, are merely possible, or are essentially abstract.

The policy of earmarked paternity leave aims to promote mothers’ position in the labor market and fathers’ relationship with their child. Critics argue that the policy prevents parents from pursuing their own ideas about what is best for them. This provides reason to consider whether the policy is paternalistic or, in other ways, disrespectful of parental autonomy. I argue that the state implicates itself in the gender inequalities that result from parents’ unequal parental leave agreements when the state financially facilitates (...) such agreements. This argument for earmarked paternity leave is not disrespectful of parental autonomy. (shrink)

This paper offers an analysis of work on human development in evolutionary anthropology from a Thomist perspective. I show that both fields view care for others as fundamental to human nature and interpret cooperative breeding as expression of the virtue of charity. I begin with an analysis of different approaches to the relationship between evolutionary anthropology and moral theory. I argue that ethical naturalism is the approach best suited to interdisciplinary dialogue, since it holds that natural facts are useful for (...) moral theory but do not encompass it. This forms the basis for a Thomist analysis of some key features of human evolution including bipedalism, higher encephalisation and extended childhood. In each case I explain how these parts of our nature contributed to the evolution of modern humans, and how each is reliant upon communal care. Finally, I offer three observations on these facts from a Thomist perspective. Firstly, that a good human life necessarily involves caring for others and being cared for ourselves. Secondly, that this is exemplified in the virtue of charity, which is the ground of all virtue. Finally, that the need for such care shows that human flourishing cannot be attained without divine aid. (shrink)

Three-dimensionalists , sometimes referred to as endurantists, think that objects persist through time by being “wholly present” at every time they exist. But what is it for something to be wholly present at a time? It is surprisingly difficult to say. The threedimensionalist is free, of course, to take ‘is wholly present at’ as one of her theory’s primitives, but this is problematic for at least one reason: some philosophers claim not to understand her primitive. Clearly the three-dimensionalist would be (...) better off if she could state her theory in terms accessible to all. We think she can. What is needed is a definition of ‘is wholly present at’ that all can understand. in this paper, we offer one. (shrink)

Expressiveness and decidability are two core aspects of programming languages that should be thoroughly known by those who use them; this includes knowledge of their metalanguages a.k.a. formal grammars. The van Wijngaarden grammars (WGs) are capable of generating all the languages in the Chomsky hierarchy and beyond; this makes them a relevant tool in the design of (more) expressive programming languages. But this expressiveness comes at a very high cost: The syntax of WGs is extremely complex and the decision problem (...) for the generated languages is generally unsolvable. With this in mind, I provide here a short primer of the syntax of WGs, which includes syntactic restrictions that guarantee decidability for the corresponding generated languages. (shrink)

This study aimed to determine the experiences of male and female students on Flexible Learning (FL) during the COVID-19. A qualitative method using a phenomenological approach was used to ascertain the students' experiences, while written questionnaires were utilized to gather the information. The 24 students taking Development Communication and Public Administration were chosen based on set criteria. Both male and female flexible learning participants appreciated its benefits, including convenience and reduced academic stress. They both faced technology-related challenges and suggested improvements. (...) However, differences emerged in their experiences. Males found FL fun, emphasizing family time, while females highlighted skill development and concerns about teaching methods. Females also mentioned practical skill development not emphasized by males. These variations may stem from differing learning preferences and experiences. Variations in male and female experiences in Flexible Learning highlight the need for teachers to tailor instruction, offer mental health support, and incorporate skill development. Improved teacher training and clear guidelines are crucial, as are gender-inclusive program design and regular feedback mechanisms to create equitable and effective educational experiences. (shrink)

How ought we to go about forming and revising our beliefs, arguing and debating our reasons, and investigating our world? If those questions constitute normative epistemology, then I am interested here in normative metaepistemology: the investigation into how we ought to go about forming and revising our beliefs about how we ought to go about forming and revising our beliefs -- how we ought to argue about how we ought to argue. Such investigations have become urgent of late, for the (...) methodology of epistemology has reached something of a crisis. For analytic epistemology of the last half-century has relied overwhelmingly on intuitions,1 and a growing set of arguments and data has begun to call this reliance on intuition seriously into question (e.g., Weinberg, Nichols, and Stich 2001; Nichols, Stich, and Weinberg 2003; Cummins 1998). Although that method has not been entirely without defenders (BonJour 1998; Bealer 1996; Jackson 1998; Sosa forthcoming; Weatherson 2003), these defenses have not generally risen to the specific challenges leveled by the anti-intuitionist critics. In particular, the critics have attacked specific ways of deploying intuitions, and the defenders have overwhelmingly responded with in-principle defenses of the cogency of appealing to intuition. An analogy here would be someone’s responding to arguments alleging systematic.. (shrink)

Intuitions play an important role in contemporary philosophy. It is common for theories in epistemology, morality, semantics and metaphysics to be rejected because they are inconsistent with a widely and firmly held intuition. Our goal in this paper is to explore the role of epistemic intuitions in epistemology from a naturalistic perspective. Here is the question we take to be central: (Q) Ought we to trust our epistemic intuitions as evidence in support of our epistemological theories? We will understand this (...) question as employing an epistemic ‘ought’ – insofar as we aim at developing a correct epistemological theory, ought we to trust our epistemic intuitions as evidence for or against our epistemological theories? As it stands, (Q) needs further clarification. Whether something is trustworthy is relative to what (a) what it is and (b) what we’re asking it to do. Sam might trust Marie but not George to care for his children, while he might trust both to care for his pet fish. So in order to address (Q), we first need to explore two questions: What are epistemic intuitions? And what sort of epistemological theories do we want? We will take up each of these questions in the following sections. (shrink)

Em contraste com a tradicional autoconsciência reflexiva na qual o sujeito se refere consciente e deliberadamente a si mesmo, a tradição fenomenológica, de Husserl a Heidegger e Sartre, postula uma forma de autoconsciência intransitiva pré-reflexiva primitiva. Infelizmente, essa autoconsciência intransitiva pré-reflexiva é sempre caracterizada negativamente: não reflexiva, não cognitiva, não transitiva, não objetiva, etc. Schear (2009, p. 14) observa que, como resultado, quando buscamos uma descrição ou caracterização positiva do suposto fenômeno, ficamos com frases ambíguas e pouco claras, como "presença (...) sutil de fundo" (ZAHAVI, 2005, p. 124). (shrink)

The role that need plays in dealing with problems of distributive justice is examined in a series of vignette studies. Among other things, it becomes clear that impartial observers make gradual assessments of justice that depend on the extent to which the observed individuals are endowed with a good. If it is known how high their need for that good is, the assessments are made relative to this reference point. In addition, impartial decision-makers make hypothetical distribution decisions that take into (...) account need, productivity, and accountability. The need of individuals is partially compensated even if they have contributed less to the available amount than they themselves require. However, the willingness to do so decreases if they are accountable for needing more than others or for having contributed less than others. Lastly, both impartial observers and impartial decision-makers distinguish between different types of needs, the fulfillment of which is given different levels of importance. (shrink)

In a 2014 article in The Guardian, an Indigenous shaman of the Yanomami people of the Amazon rainforest named Davi Kopenawa offers a devastating critique of white society. It is formed of excerpts from multiple interviews, which form the basis of his memoir The Falling Sky, compiled and translated by his French anthropologist collaborator Bruce Albert. Here I bring the dual lenses of philosophy and dance studies to explore how Kopenawa’s lifelong interaction with white people facilitated his reworking of Yanomami (...) shamanic discourse into a parrhesia against the “epidemic fumes” of climate change, on behalf of the Yanomami of the Amazon, white people, and all the beings of the earth. (shrink)

The paper explores the methodology and goals of H. Odera Oruka’s sage philosophy project. Oruka interviewed wise persons who were mostly illiterate and from the rural areas of Kenya to show that a long tradition of critical thinking and philosophizing exists in Africa, even if there is no written record. His descriptions of the role of the academic philosopher turned interviewer varied, emphasizing their refraining from imposition of their own views (the social science model), their adding their own ideas (like (...) Plato), or their midwifery in helping others give birth to their own ideas (like Socrates). The accuracy and consistency of the various metaphors used by Oruka is the main focus of the article’s analysis. The article sums up the shortcomings of Oruka’s method as well as its strengths and concludes with Oruka’s challenge to academic philosophers to rethink their own roles in society. (shrink)

This discussion treats a set of familiar social derelictions as consequences of the perversion of a universalistic moral theory in the service of an ill-considered or insufficiently examined personal agenda.The set includes racism, sexism, anti-Semitism, homophobia, and class elitism, among other similar pathologies, under the general heading of discrimination. The perversion of moral theory from which these derelictions arise, I argue, involves restricting its scope of application to some preferred subgroup of the moral community of human beings. -/- The following (...) analysis of higher-order discrimination suggests that we often select the individuals who constitute such subgroups for reasons that we ourselves would reject on moral grounds were we to examine them carefully, but that we choose instead to put our rational resources in the service of avoiding any such examination at all costs. The implication is that arguments that truncate the scope of moral theory in fact justify bestowing the gift of moral treatment on a select few who deserve it no more than the many from whom we withhold it. Therefore, it would be precipitous to conclude that universalistic moral theory can be legitimately restricted in its practical scope of application in any way at all. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

In our dealings with young children, we often get them to do or think things by arranging their environments in certain ways; by dissembling, simplifying, or ambiguating the facts in answer to their queries; by carefully selecting the states of affairs, behavior of others, and utterances to which they shall be privy. We rightly justify these practices by pointing out a child's malleability, and the necessity of paying close attention to formative influences during its years of growth. This filtering of (...) influences is necessary, we point out, if children are ever to reach a degree of maturity and inner stability that will enable them to understand and cope adequately with the complexities, contradictions, and difficulties of the world from which we now seek to shield them. Thus a child's eventual state of competence, maturity, and autonomy adequately justifies our current practices of manipulation and selection of his environment: such practices are rightly held to be ultimately in the child's best interests as an adult. There is no future state of things with reference to which the Utilitarian night justify his policy of secrecy and manipulation, and in light of which this policy night eventually be dispensed with and commonly validated, in retrospect, as a means to the worthwhile goal of moral maturity. That is, there is no point at which the attitude of the Utilitarian to the rest of the community can develop past the analogous attitude of the parent towards the child; no point at which the Utilitarian might eventually bear to others a relationship of mutual acknowledgement and respect as mature, autonomous, moral adults. The consistent Utilitarian, then, largely regards himself as if he were the only adult in a community of children. (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)

Leibniz’s mechanistic reduction of colors and other sensible qualities commits him to two theses about our knowledge of those qualities: first, that we can acquire ideas of sensible qualities apart from any direct acquaintance with the qualities themselves; second, that we can acquire distinct (i.e., non-confused) ideas of such qualities through the development of physical-theoretical accounts. According to some commentators, however, Leibniz frequently denies both claims. His views on the subject are muddled and incoherent, they say, both because he is (...) ambivalent about the nature of sensible qualities, and because he gets confused about confusion, losing sight of his own distinction between the confusion proper to perceptions and that proper to ideas. In opposition to this, I argue that the critics have misunderstood Leibniz’s views, which are both consistent over time and coherent. The key to understanding his position is to appreciate what he characterizes as a kind of redundancy in our ideas of sensible qualities, a crucial feature of his view overlooked by the critics. (shrink)

Distributive justice deals with allocations of goods and bads within a group. Different principles and results of distributions are seen as possible ideals. Often those normative approaches are solely framed verbally, which complicates the application to different concrete distribution situations that are supposed to be evaluated in regard to justice. One possibility in order to frame this precisely and to allow for a fine-grained evaluation of justice lies in formal modelling of these ideals by metrics. Choosing a metric that is (...) supposed to map a certain ideal has to be justified. Such justification might be given by demanding specific substantiated axioms, which have to be met by a metric. This paper introduces such axioms for metrics of distributive justice shown by the example of needs-based justice. Furthermore, some exemplary metrics of needs-based justice and a three dimensional method for visualisation of non-comparative justice axioms or evaluations are presented. Therewith, a base worth discussing for the evaluation and modelling of metrics of distributive justice is given. (shrink)

Verteilungsgerechtigkeit befasst sich mit der Verteilung von Gütern innerhalb einer Gruppe, wobei verschiedene Verteilungsprinzipien und -ergebnisse als mögliche Ideale einer solchen Verteilung verhandelt werden. Diese normativen Ansätze sind oft rein verbal formuliert, wodurch ihre Anwendung auf unterschiedliche konkrete Verteilungssituationen, die hinsichtlich ihrer Gerechtigkeit beurteilt werden sollen, häufig schwer fällt. Eine Möglichkeit, fein abgestufte Gerechtigkeitsbeurteilungen verschiedener Verteilungen präzise erfassen zu können, besteht in der formalen Modellierung solcher Ideale durch Maße oder Indizes. Die Auswahl eines geeigneten Maßes, das ein gewisses Ideal abbilden (...) soll, muss ihrerseits eine Fundierung erfahren, was durch die Forderung von begründeten Axiomen erreicht werden kann, denen ein Maß genügen soll. In der vorliegenden Arbeit werden solche Axiome für Maße der Verteilungsgerechtigkeit am Beispiel von Bedarfsgerechtigkeit eingeführt. Ferner werden exemplarische Maße der Bedarfsgerechtigkeit vorgestellt. Damit wird für die Beurteilung und Modellierung von Maßen der Verteilungsgerechtigkeit eine erste diskutable Grundlage gelegt. (shrink)

The purpose of this discussion is twofold. First, I want to shed some light on Kant's concept of personhood as rational agency, by situating it in the context of the first Critique's conception of the self as defined by its rational dispositions. I hope to suggest that this concept of personhood cannot be simply grafted onto an essentially Humean conception of the self that is inherently inimical to it, as I believe Rawls, Gewirth, and others have tried to do. Instead (...) I will try to show how deeply embedded this concept of personhood is in Kant's conception of the self as rationally unified consciousness. Second, I want to deploy this embedded concept of personhood as the basis for an analysis of the phenomenon of xenophobia. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:This Universalism Which Is Not OneLinda M. G. Zerilli (bio)Ernesto Laclau. Emancipation(s). London: Verso, 1996.Judging from the recent spate of publications devoted to the question of the universal, it appears that, in the view of some critics, we are witnessing a reevaluation of its dismantling in twentieth-century thought. One of the many oddities about this “return of the universal” 1 is the idea that contemporary engagements with it are (...) more or less of a piece, and that they reflect a growing consensus that poststructuralist political theories are incapable of generating a viable alternative to the collective fragmentation that characterizes late modernity. 2 The putative return to the universal marks, on this view, both a homecoming to Enlightenment ideals—purified of their more poisonous elements, of course—and a reconciliation of sorts between those who refuted these ideals and those who sought to realize them. Now that “we” all know and agree that poststructuralism is critically valuable but politically bankrupt; now that we all know and agree that the “old universal” was indeed a “pseudo-universal,” so the homecoming narrative goes; we can get on with the project of constructing a “new universal.” 3 This authentic universal would really be inclusive of all people, regardless of race, class, gender, sexuality, ethnicity, nationality, and whatever else attaches to the “embarrassing etcetera” that, as Judith [End Page 3] Butler reminds us, inevitably accompanies such gestures of acknowledging human diversity.Before signing on to this felicitous agreement about “the necessity of universalism,” we may wish to know whether we have anything like a minimal agreement in language, that is, whether we who speak of this universal are even speaking about the same thing. Apart from the not insignificant problem of translating from a philosophical to a political idiom, the whole question of this agreement is virtually occluded by the rush to rescue politics from the virulent particularisms that admit no common ground or sense of collective belonging. Presented in terms of the familiar binary couple, the choice between universalism and particularism seems settled by merely pointing to global and domestic political realities. Universalism is the only alternative to social fragmentation, wild child of the collapse of communism, the rise of deadly nationalisms, and the multiculturalist romance with particularism. To invoke the name of the universal in any affirmative sense is already to sign on to the political diagnosis and its solution.One of the many virtues of Ernesto Laclau’s Emancipation(s) is that it offers both an alternative to the binarisms spawned by the “return” to the universal (for example, false universalism/true universalism) and a trenchant critique of the original binary couple itself (universalism/ particularism). Demonstrating the imbrication of the universal and the particular, Laclau shows why it is a matter not of choosing one over the other but of articulating, in a scrupulously political sense, the relation between the two. He thus explicitly rejects the notion that this relation is one of mutual exclusion, and shows that the tendency to see it as just that has led to the impasse of the contemporary debate, an impasse that is glossed over in some highly visible academic cases by proclaiming the necessary return to the universal. Although the language of universalism as spoken by Laclau searches for some common ground between particularists and universalists, it is more by way of articulating their mutual contamination, that is, how each is rendered impure by the irreducible presence of the other.The Problem of UniversalsLaclau situates his collection of essays in the context of the increasingly polarized debate over multiculturalism, a debate in which the classical universalism of the philosophical tradition has come under serious question. Reading his essays, one comes to see the deep dependence of the entire contemporary discussion on this tradition, even when its metaphysical assumptions are explicitly rejected (as, say, in the work of Seyla Benhabib) or insufficiently comprehended (as in most of the popularized political discourse). Laclau’s book can help us to see that the political question of universalism cannot be posed properly as long as it remains tethered to the classical philosophical “problem of universals.” At stake in sorting out the affinities and... (shrink)

Sleep onset is associated with marked changes in behavioral, physiological, and subjective phenomena. In daily life though subjective experience is the main criterion in terms of which we identify it. But very few studies have focused on these experiences. This study seeks to identify the subjective variables that reflect sleep onset. Twenty young subjects took an afternoon nap in the laboratory while polysomnographic recordings were made. They were awakened four times in order to assess subjective experiences that correlate with the (...) (1) appearance of slow eye movement, (2) initiation of stage 1 sleep, (3) initiation of stage 2 sleep, and (4) 5 min after the start of stage 2 sleep. A logistic regression identified control over and logic of thought as the two variables that predict the perception of having fallen asleep. For sleep perception, these two variables accurately classified 91.7% of the cases; for the waking state, 84.1%. (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.

In this essay, we consider the formal and ontological implications of one specific and intensely contested dialectical context from which Deleuze’s thinking about structural ideal genesis visibly arises. This is the formal/ontological dualism between the principles, ἀρχαί, of the One (ἕν) and the Indefinite/Unlimited Dyad (ἀόριστος δυάς), which is arguably the culminating achievement of the later Plato’s development of a mathematical dialectic.3 Following commentators including Lautman, Oskar Becker, and Kenneth M. Sayre, we argue that the duality of the One and (...) the Indefinite Dyad provides, in the later Plato, a unitary theoretical formalism accounting, by means of an iterated mixing without synthesis, for the structural origin and genesis of both supersensible Ideas and the sensible particulars which participate in them. As these commentators also argue, this duality furthermore provides a maximally general answer to the problem of temporal becoming that runs through Plato’s corpus: that of the relationship of the flux of sensory experiences to the fixity and order of what is thinkable in itself. Additionally, it provides a basis for understanding some of the famously puzzling claims about forms, numbers, and the principled genesis of both attributed to Plato by Aristotle in the Metaphysics, and plausibly underlies the late Plato’s deep considerations of the structural paradoxes of temporal change and becoming in the Parmenides, the Sophist, and the Philebus. After extracting this structure of duality and developing some of its formal, ontological, and metalogical features, we consider some of its specific implications for a thinking of time and ideality that follows Deleuze in a formally unitary genetic understanding of structural difference. These implications of Plato’s duality include not only those of the constitution of specific theoretical domains and problematics, but also implicate the reflexive problematic of the ideal determinants of the form of a unitary theory as such. We argue that the consequences of the underlying duality on the level of content are ultimately such as to raise, on the level of form, the broader reflexive problem of the basis for its own formal or meta-theoretical employment. We conclude by arguing for the decisive and substantive presence of a proper “Platonism” of the Idea in Deleuze, and weighing the potential for a substantive recuperation of Plato’s duality in the context of a dialectical affirmation of what Deleuze recognizes as the “only” ontological proposition that has ever been uttered. This is the proposition of the univocity of Being, whereby “being is said in the same sense, everywhere and always,” but is said (both problematically and decisively) of difference itself. (shrink)

It was an empirical discovery that Phosphorus is Hesperus. According to Kripke, this was also the discovery of a necessary fact. Now, given Kripke’s theory of direct reference one could wonder what kind of discovery this is. For we already knew Phosphorus/Hesperus, and we also knew that any entity is, necessarily, identical to itself. So what is it that was discovered? I want to show that there is more to this widely known case than what usual readings, and critics, reveal; (...) and I want to show this under the Kripkean pattern that what was discovered is the plain fact of identity that Phosphorus is, and necessarily is, Hesperus. Moreover, I will show how both Kripkean theses, the necessity of identity and the direct theory of reference, should not be kept apart to understand the kind of discovery this is. In particular, understanding the kind of discovery we made will help us see how intuition is displayed in metaphysics, and how metaphysical impossibilities, and metaphysical modality in general, can be discerned by reason and separated from other modalities. The study of this discovery will help us see, in a line, how identity belongs to the inner and most profound structure of reality and to the most profound structure of cognition and language. (shrink)

Most published discussions in contemporary metaethics include some textual exegesis of the relevant contemporary authors, but little or none of the historical authors who provide the underpinnings of their general approach. The latter is usually relegated to the historical, or dismissed as expository. Sometimes this can be a useful division of labor. But it can also lead to grave confusion about the views under discussion, and even about whose views are, in fact, under discussion. Elijah Millgram’s article, “Does the Categorical (...) Imperative Give Rise to a Contradiction in the Will?” is a case in point. In it, he takes the New Kantians to task for various flaws in their interpretation of Kant’s moral theory, to be detailed shortly. He concludes with a question and a suggestion. In order to properly dissect the first, “universal law” formulation of the Categorical Imperative, he argues, we first need to understand “why an agent wills the universalization of his maxim” (549). He also suggests that in order to answer this question, we must recur to what Kant himself actually says (550). His question is a good one, and his advice on how to go about answering it is sound. But to take Millgram’s advice is to call this division of labor into question, at least for this case. For it demands close and sustained exegesis, not only of his argument against the New Kantians, but also – in order to assess whether and where they go wrong – of Kant’s text itself. (shrink)

A moral code consists of principles that assign moral status to individual actions – principles that evaluate acts as right or wrong, prohibited or obligatory, permissible or supererogatory. Many theorists have held that such principles must serve two distinct functions. On the one hand, they serve a theoretical function, insofar as they specify the characteristics in virtue of which acts possess their moral status. On the other hand, they serve a practical function, insofar as they provide an action-guide: a standard (...) by reference to which a person can choose which acts to perform and which not. Although the theoretical and practical functions of moral principles are closely linked, it is not at all obvious that what enables a principle to fill one of these roles automatically equips it to fill the other. In this paper I shall briefly examine some of the reasons why a moral principle might fail to fill its practical role, i.e., be incapable of guiding decisions. I shall then sketch three common responses to this kind of failure, and examine in some detail the adequacy of one of the most popular of these responses. (shrink)

In this essay, I attempt to outline a feminist philosophical approach to the current debate concerning (allegedly) false memories of childhood sexual abuse. Bringing the voices of feminist philosophers to bear on this issue highlights the implicit and sometimes questionable epistemological, metaphysical, and ethical-political commitments of some therapists and scientists involved in these debates. It also illuminates some current debates in and about feminist philosophy.

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)

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)

The European project European and Latin American Systems of Ethics Regulation of Biomedical Research Project (EULABOR) has carried out the first comparative analysis of ethics regulation systems for biomedical research in seven countries in Europe and Latin America, evaluating their roles in the protection of human subjects. We developed a conceptual and methodological framework defining ‘ethics regulation system for biomedical research’ as a set of actors, institutions, codes and laws involved in overseeing the ethics of biomedical research on humans. This (...) framework allowed us to develop comprehensive national reports by conducting semi-structured interviews to key informants. These reports were summarised and analysed in a comparative analysis. The study showed that the regulatory framework for clinical research in these countries differ in scope. It showed that despite the different political contexts, actors involved and motivations for creating the regulation, in most of the studied countries it was the government who took the lead in setting up the system. The study also showed that Europe and Latin America are similar regarding national bodies and research ethics committees, but the Brazilian system has strong and noteworthy specificities. (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)