Our purpose is to describe the application of legitimate defense in so-called non-confrontational situations. To do this, we will conceptualize gender violence as that which against women, due to their condition as such, and we will describe the absence by the courts in the identification of this problem. Second, we will analyze the reception of Argentine and international legislation on the treatment of gender violence and the recommendations and criteria to take into account when interpreting and applying criminal law. Finally, (...) we will present the treatment of legitimate defense in contexts of gender violence, analyzing each of its elements. Our conclusions will focus on the need to address situations of gender violence based on international regulations for the application of legitimate defense in non-confrontational situations. (shrink)

This chapter will review selected aspects of the terrain of discussions about probabilities in statistical mechanics (with no pretensions to exhaustiveness, though the major issues will be touched upon), and will argue for a number of claims. None of the claims to be defended is entirely original, but all deserve emphasis. The first, and least controversial, is that probabilistic notions are needed to make sense of statistical mechanics. The reason for this is the same reason that convinced Maxwell, Gibbs, and (...) Boltzmann that probabilities would be needed, namely, that the second law of thermodynamics, which in its original formulation says that certain processes are impossible, must, on the kinetic theory, be replaced by a weaker formulation according to which what the original version deems impossible is merely improbable. Second is that we ought not take the standard measures invoked in equilibrium statistical mechanics as giving, in any sense, the correct probabilities about microstates of the system. We can settle for a much weaker claim: that the probabilities for outcomes of experiments yielded by the standard distributions are effectively the same as those yielded by any distribution that we should take as a representing probabilities over microstates. Lastly, (and most controversially): in asking about the status of probabilities in statistical mechanics, the familiar dichotomy between epistemic probabilities (credences, or degrees of belief) and ontic (physical) probabilities is insufficient; the concept of probability that is best suited to the needs of statistical mechanics is one that combines epistemic and physical considerations. (shrink)

En este ensayo intentaremos realizar una pequeña aproximación al pensamiento de Gilbert Simondon, filósofo francés cuya obra podría resumirse en sus dos tesis doctorales defendidas en 1958, una de las cuales no fue publicada de forma completa sino póstumamente. No obstante, lo dicho, tras el creciente interés en su pensamiento comenzaron a publicarse ya nacido este milenio, en particular en Argentina, sus cursos sobre percepción, imaginación, invención, información, comunicación y tecnología. A pesar de su escueta obra, Simondon es un filósofo (...) de sistema, que a partir de su teoría de la individuación intentó fundar un monismo ontogenético en el cual puedan entrar en comunicación todas las disciplinas humanas; y para ello buscó explotar todos los recursos conceptuales que brindaron las revoluciones científicas de su época. En este ensayo, sin embargo, abordaremos tan sólo el tipo de realidad o estatus ontológico que Simondon atribuía a los objetos técnicos. Para ello desarrollaremos 4 apartados y un bis. En el primero, haremos un esbozo de lo que es el método filosófico propuesto por Simondon, el cual describimos como un paradigmatismo analógico. En el segundo, desarrollaremos algunas críticas a cierto paradigmatismo particular que, según Simondon, subyace en gran parte del pensamiento occidental y que nos impide, entre otras cosas, comprender la realidad propia de los OT, a saber: el hilemorfismo. En tercer lugar, analizaremos en qué medida podemos salvar la realidad de los OT de ser reducida a mero constructo social. En cuarto lugar; analizaremos algunas analogías y disparidades entre los OT y los seres vivientes. Por último, a modo de apéndice, expondremos sucintamente un artículo de Esperanza García y Villegas Jaraleño, presentado en el último volumen de Scientia in verba, en el cual se plantea la pregunta sobre el estatus ontológico de los artefactos biotecnológicos desde una perspectiva bungeana; así como pequeñas críticas y aportes que pudiésemos hacerle desde el pensamiento simondoniano. (shrink)

I focus on three mereological principles: the Extensionality of Parthood (EP), the Uniqueness of Composition (UC), and the Extensionality of Composition (EC). These principles are not equivalent. Nonetheless, they are closely related (and often equated) as they all reflect the basic nominalistic dictum, No difference without a difference maker. And each one of them—individually or collectively—has been challenged on philosophical grounds. In the first part I argue that such challenges do not quite threaten EP insofar as they are either self-defeating (...) or unsupported. In the second part I argue that they hardly undermine the tenability of EC and UC as well. (shrink)

I argue that the conjunction of perdurantism (the view that objects are temporally extended) and universalism (the thesis that any old class of things has a mereological fusion) gives rise to undesired complications when combined with certain plausible assumptions concerning the semantics of tensed statements.

In previous work I have argued that talk about negative events should not be taken at face value: typically, what we are inclined to think of as a negative event (John’s failure to go jogging) is just an ordinary, positive event (his going to the movie instead); it is a positive event under a negative description. Here I consider more closely the difficulties that arise in those cases where no positive event seems available to do the job, as with putative (...) cases of causation by omission. In particular, I elaborate on Helen Beebee’s idea that not all causal explanations are reports of causation. When we mention John’s failure to turn off the gas as an explanans of why there was an explosion, we do not say what caused the explosion. We do not mention any of the relevant causes. We just remark that one sort of event that was supposed to occur, and whose occurrence would have prevented the explosion, did not in fact occur. (shrink)

Literature in epistemology tends to suppose that there are three main types of understanding – propositional, atomistic, and objectual. By showing that all apparent instances of propositional understanding can be more plausibly explained as featuring one of several other epistemic states, this paper argues that talk of propositional understanding is unhelpful and misleading. The upshot is that epistemologists can do without the notion of propositional understanding.

Epistemic internalism, by stressing the indispensability of the subject’s perspective, strikes many as plausible at first blush. However, many people have tended to reject the position because certain kinds of beliefs have been thought to pose special problems for epistemic internalism. For example, internalists tend to hold that so long as a justifier is available to the subject either immediately or upon introspection, it can serve to justify beliefs. Many have thought it obvious that no such view can be correct, (...) as it has been alleged that internalism cannot account for the possibility of the justification of beliefs stored in memory. -/- My aim in this paper is to offer a response that explains how memory justification is possible in a way that is consistent with epistemic internalism and an awareness condition on justification. Specifically, I will explore the plausibility of various options open to internalists, including both foundationalist and non-foundationalist approaches to the structure of justification. I intend to show that despite other difficult challenges that epistemic internalism might face, memory belief poses no special problems that the resources of internalism cannot adequately address. (shrink)

One logic or many? I say—many. Or rather, I say there is one logic for each way of specifying the class of all possible circumstances, or models, i.e., all ways of interpreting a given language. But because there is no unique way of doing this, I say there is no unique logic except in a relative sense. Indeed, given any two competing logical theories T1 and T2 (in the same language) one could always consider their common core, T, and settle (...) on that theory. So, given any language L, one could settle on the minimal logic T0 corresponding to the common core shared by all competitors. That would be a way of resisting relativism, as long as one is willing to redraw the bounds of logic accordingly. However, such a minimal theory T0 may be empty if the syntax of L contains no special ingredients the interpretation of which is independent of the specification of the relevant L-models. And generally—I argue—this is indeed the case. (shrink)

According to a popular line of reasoning, diachronic vagueness creates a problem for the endurantist conception of persistence. Some authors have replied that this line of reasoning is inconclusive, since the endurantist can subscribe to a principle of Diachronic Unrestricted Composition (DUC) that is perfectly parallel to the principle required by the perdurantist’s semantic account. I object that the endurantist should better avoid DUC. And I argue that even DUC, if accepted, would fail to provide the endurantist with the necessary (...) resources for explaining diachronic vagueness in familiar semantic terms. (shrink)

Many advocate practices of ‘local food’ or ‘locavorism’ as a partial solution to the injustices and unsustainability of contemporary food systems. I think that there is much to be said in favor of local food movements, but these virtues are insufficient to immunize locavorism from criticism. In particular, three duties of international ethics—beneficence, repair and fairness—may provide reasons for constraining the developed world’s permissible pursuit of local food. A complete account of why (and how) the fulfillment of these duties constrains (...) locavorism will require extensive empirical evidence about the relationship between agricultural demand-led industrialization, international trade (rules), and local food practices. In this paper I can only gesture at some of this evidence and, for that reason, my policy prescriptions are merely provisional. Instead, the upshot of this paper is that advocates of locavorism ought to be attentive to the empirical-dependence of the moral permissibility of their projects. As local food ‘scales up’—and comes to be embraced as a goal of political communities—these concerns should receive even greater attention. (shrink)

In general, epistemic internalists hold that an individual’s justification for a belief is exhausted by her reflectively accessible reasons for thinking that the contents of her beliefs are true. Applying this to the epistemology of testimony, a hearer’s justification for beliefs acquired through testimony is exhausted by her reflectively accessible reasons to think that the contents of the speaker’s testimony is true. A consequence of internalism is that subjects that are alike with respect to their reflectively accessible reasons are alike (...) with respect to what they have justification to believe. Testimony should be thought no different: hearers that are alike with respect to reflectively accessible reasons to think that a speaker’s testimony is true are alike with respect to their justification for beliefs based upon that testimony. But it has been recently argued that this view faces powerful counterexamples. So the central question is this: assuming that a hearer can acquire justification to believe a proposition through the testimony of a speaker, can epistemic internalism provide the resources to explain how such justification is possible? My aim in this paper is to address these counterexamples, and in so doing, defend epistemic internalist accounts of testimony. (shrink)

In the first section, I characterize skeptical theism more fully. This is necessary in order to address some important misconceptions and mischaracterizations that appear in the essays by Maitzen, Wilks, and O’Connor. In the second section, I describe the most important objections they raise and group them into four “families” so as to facilitate an orderly series of responses. In the four sections that follow, I respond to the objections.

Skeptics of the moral case against industrial farming often assert that harm to animals in industrial systems is limited to isolated instances of abuse that do not reflect standard practice and thus do not merit criticism of the industry at large. I argue that even if skeptics are correct that abuse is the exception rather than the rule, they must still answer for two additional varieties of serious harm to animals that are pervasive in industrial systems: procedural harm and institutional (...) oppression. That procedural and institutional harms create conditions under which abuse is virtually inevitable only increases the skeptic's burden. (shrink)

I trace changes to Frege's understanding of numbers, arguing in particular that the view of arithmetic based in geometry developed at the end of his life (1924–1925) was not as radical a deviation from his views during the logicist period as some have suggested. Indeed, by looking at his earlier views regarding the connection between numbers and second-level concepts, his understanding of extensions of concepts, and the changes to his views, firstly, in between Grundlagen and Grundgesetze, and, later, after learning (...) of Russell's paradox, this position is a natural position for him to have retreated to, when properly understood. (shrink)

This paper investigates the view that digital hypercomputing is a good reason for rejection or re-interpretation of the Church-Turing thesis. After suggestion that such re-interpretation is historically problematic and often involves attack on a straw man (the ‘maximality thesis’), it discusses proposals for digital hypercomputing with Zeno-machines , i.e. computing machines that compute an infinite number of computing steps in finite time, thus performing supertasks. It argues that effective computing with Zeno-machines falls into a dilemma: either they are specified such (...) that they do not have output states, or they are specified such that they do have output states, but involve contradiction. Repairs though non-effective methods or special rules for semi-decidable problems are sought, but not found. The paper concludes that hypercomputing supertasks are impossible in the actual world and thus no reason for rejection of the Church-Turing thesis in its traditional interpretation. (shrink)

This paper is an attempt to argue that there existed a very prominent view of signs and signification in late sixteenth- and seventeenth-century Europe which can help us to understand several puzzling aspects of baroque culture. This view, called here "pansemioticism," constituted a fundamental part of the baroque conception of the world. After sketching the content and importance of pansemioticism, I will show how it can help us to understand the (from a modern perspective) rather puzzling concept of the polymath, (...) or polyhistor, which constituted the ideal of the baroque scientist. In this context I will also discuss a seventeenth century phenomenon essentially connected with polyhistorism, namely that of the early modem polyhistorical collections, the Wunderkamnmern. Since such a study needs a clearly determined focal point, we will concentrate on the last three quarters of the seventeenth century and will mainly discuss works by German authors of the time. (shrink)

In this paper, the issues of computability and constructivity in the mathematics of physics are discussed. The sorts of questions to be addressed are those which might be expressed, roughly, as: Are the mathematical foundations of our current theories unavoidably non-constructive: or, Are the laws of physics computable?

Thomas Hill famously argued that what really bothers us about environmental degradation is best discovered by asking “What kind of person would do such a thing?” Beliefs, some of which are blameworthy, are among the things that define what kind of person one is. What we care about is reflected in whether one’s epistemic practices align with one’s core moral convictions and common standards of decency. Our moral sensitivities are reflected in what we attend to and reflect upon. What we (...) do not notice can be a result of culpable indifference or self-deception. Environmental beliefs formed with negligent disregard for the risks they create for others are reflections of a vicious moral character. Beliefs of citizens have consequences. They determine what politicians will respond to and what policies they will introduce. Ideological commitments have been shown to influence what one takes to be the facts about risks. When the ethical dimensions of environmental beliefs and ignorance are unchallenged society drifts morally. Emphasizing the relationship between commonly shared moral convictions (more basic than ideological commitments) and risky environmental beliefs and actions has more potential to create environmental awareness than the current focus on environmental science and the economic benefits of better environmental policies. (shrink)

Russell claims in his autobiography and elsewhere that he discovered his 1905 theory of descriptions while attempting to solve the logical and semantic paradoxes plaguing his work on the foundations of mathematics. In this paper, I hope to make the connection between his work on the paradoxes and the theory of descriptions and his theory of incomplete symbols generally clearer. In particular, I argue that the theory of descriptions arose from the realization that not only can a class not be (...) thought of as a single thing, neither can the meaning/intension of any expression capable of singling out one collection (class) of things as opposed to another. If this is right, it shows that Russell’s method of solving the logical paradoxes is wholly incompatible with anything like a Fregean dualism between sense and reference or meaning and denotation. I also discuss how this realization lead to modifications in his understanding of propositions and propositional functions, and suggest that Russell’s confrontation with these issues may be instructive for ongoing research. (shrink)

A graph-theoretic account of fibring of logics is developed, capitalizing on the interleaving characteristics of fibring at the linguistic, semantic and proof levels. Fibring of two signatures is seen as a multi-graph (m-graph) where the nodes and the m-edges include the sorts and the constructors of the signatures at hand. Fibring of two models is a multi-graph (m-graph) where the nodes and the m-edges are the values and the operations in the models, respectively. Fibring of two deductive systems is an (...) m-graph whose nodes are language expressions and the m-edges represent the inference rules of the two original systems. The sobriety of the approach is confirmed by proving that all the fibring notions are universal constructions. This graph-theoretic view is general enough to accommodate very different fibrings of propositional based logics encompassing logics with non-deterministic semantics, logics with an algebraic semantics, logics with partial semantics and substructural logics, among others. Soundness and weak completeness are proved to be preserved under very general conditions. Strong completeness is also shown to be preserved under tighter conditions. In this setting, the collapsing problem appearing in several combinations of logic systems can be avoided. (shrink)

The political distinction between left and right remains ideologically muddled. This was not always so, but an immediate return to the pristine usage is impractical. Putting a theory of social liberty to one side, this essay defends the interpretation of left-wing as personal-choice and right-wing as property-choice. This allows an axis that is north/choice (or state-free) and south/control (or state-ruled). This Political Compass clarifies matters without being tendentious or too complicated. It shows that what is called ‘libertarianism’ is north-wing. A (...) quiz gives the reader’s Political Compass reading. (shrink)

Jacob Klapwijk’s book Purpose in the Living World? (Cambridge 2998) is examined with special attention given to the scholarly background from out of which it emerges as a significant contribution to reformational philosophical reflection. As an initial step to clarify some important issues raised by Klapwijk’s critical comments about Dooyeweerd’s “essentialist” concept of species, the article probes facets of the way Jan Lever incorporated reformational philosophical concepts into his biological theory and considers the 1959 review written by Herman Dooyeweerd of (...) Lever’s Creation and Evolution. The analysis focuses specifically upon the social responsibilities of these two scholars and the confrontation of their respective views. With the work of Lever and Dooyeweerd we sense something of the ambiguities when reformational philosophy confronts an evangelical scholasticism. This confrontation is an important facet of the context in which Klapwijk has set forth his discussion of creation and emergent evolution. Purpose is also the fruit of scholarly collaboration across disciplines, providing a welcome stimulus for a deepened understanding of the corporate character of the student vocation. (shrink)

John Stuart Mill fue un reformador social. Como gran parte de los pensadores del siglo XIX, creía en la idea de progreso. Consideraba que se estaba viviendo un tiempo de transición, en el que se daba una tendencia hacia un mejor y más feliz estado de cosas, aunque también percibía que la época era de riegos y amenazas. No se pensaba ni como filósofo ni como académico ni como político, se veía a sí mismo como un reformador social, cuya función (...) era educar a la opinión ilustrada y progresista. El propósito de sus textos es persuadir y, con ello, ayudar a transformar. Sus tesis defienden la necesidad de organizar la sociedad moderna bajo ciertos principios para que pueda alcanzar un estado superior de progreso social y moral. -/- Contra la acusación de que John Stuart Mill es un pensador ecléctico, contradictorio y que no añade nada a los clásicos, el libro que el lector tiene en sus manos muestra que su originalidad no consistió en haber creado nuevos conceptos, sino en haber transformado conceptos fundamentales de la filosofía social, moral y política, matizándolos, otorgándoles nuevos sentidos y abriéndoles nuevas posibilidades. Fue un utilitarista, pero la doctrina utilitarista salió renovada de sus escritos. Fue un liberal, pero en un sentido nuevo de liberal, ni clásico ni contractualista. Fue demócrata, aunque en un sentido distinto del de la voluntad general de Rousseau. Fue socialista, pero un socialista cualificado. -/- Como educador de la opinión ilustrada, tuvo un éxito extraordinario. Sus libros tuvieron una gran acogida y su nombre gozó de prestigio, admiración y respeto en Inglaterra. Su pensamiento filosófico sigue mereciendo la mayor atención e inspirando y fascinando a muchos. Sus ideas políticas han tenido una influencia innegable en el mundo contemporáneo. (shrink)

This essay argues that reparations for wrongs by one's ancestors can be justified. Differential benefits to those descended from victims of one's ancestors is discrimination which can be justified by one's right to be partial to one's ancestors, doing what they, with clearer thinking, would have done--namely compensating their victims. So, while there is no obligation to discriminate, one has a right to, in virtue of one's partiality towards one's ancestors.

For any given society, its particular technology of communication has far-reaching consequences, not merely as regards social organization, but on the epistemic level as well. Plato's name-theory of meaning represents the transition from the age of primary orality to that of literacy; Wittgenstein's use-theory of meaning stands for the transition from the age of literacy to that of a second orality (audiovisual communication, electronic information processing). On the basis of a use-theory of meaning the problem of machine consciousness, to which (...) the later Wittgenstein again and again returned, is capable of a non-essentialist solution: appropriate changes in our form of life might well entail a radically different psychological language-game. (shrink)

There is much discussion about whether the human mind is a computer, whether the human brain could be emulated on a computer, and whether at all physical entities are computers (pancomputationalism). These discussions, and others, require criteria for what is digital. I propose that a state is digital if and only if it is a token of a type that serves a particular function - typically a representational function for the system. This proposal is made on a syntactic level, assuming (...) three levels of description (physical, syntactic, semantic). It suggests that being digital is a matter of discovery or rather a matter of how we wish to describe the world, if a functional description can be assumed. Given the criterion provided and the necessary empirical research, we should be in a position to decide on a given system (e.g. the human brain) whether it is a digital system and can thus be reproduced in a different digital system (since digital systems allow multiple realization). (shrink)

Since the 1960s, metaphysics has flourished in Anglo-American philosophy. Far from wanting to avoid metaphysics, philosophers have embraced it in droves. There have been critics, to be sure; but the criticisms have received answers and the enterprise has carried on.

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

When the reader turns to a text, he conceives of the narrated events as ordered in time. When the natural philosopher turns to the world, he also conceives of its events as ordered in time—or lately, in space-time. But each has the task of constituting this order on the basis of clues present in what is to be ordered. Interrogating the parallels to be found in their problems and methods, I shall argue that in both cases the definiteness of the (...) relation between the order and what is ordered resides mainly in how the matter is to be conceived, and is underdetermined by the facts. (shrink)

My aim in this paper is to draw Plotinus and Derrida together in a comparison of their respective appropriations of the famous “receptacle” passage in Plato's Timaeus (specifically, Plotinus' discussion of intelligible matter in Enneads 2.4 and Derrida's essay on Timaeus entitled “Kh ō ra”). After setting the stage with a discussion of several instructive similarities between their general philosophical projects, I contend that Plotinus and Derrida take comparable approaches both to thinking the origin of the forms and to problematizing (...) the stability of the sensible/intelligible opposition. With these parallels in focus, I go on to explain how examining such points of contact can help us to dismantle the canonical constructs of “Plotinus the metaphysician” and “Derrida the anti-metaphysician” that have obscured important connections between Neoplatonism and deconstruction, and suppressed latent resources within the Platonic tradition itself for deconstructing the dualistic ontology of so-called “Platonic metaphysics.”. (shrink)

My aim in this article is to challenge the standard North American diet’s (SAD) default status in church and among North American Christians generally. First, I explain what is at stake in my guiding question—“Is unrestrained omnivorism as typified by SAD spiritually beneficial?”—and then I attempt to allay some common skeptical concerns about the suitability of food ethics as a topic for serious Christian discernment. Second, I develop a prima facie case that SAD is not spiritually beneficial, drawing on five (...) traditional sources for Christian moral deliberation, including and especially general revelation and discernment of the fruits of the spirit. I conclude that, in the absence of a rebuttal vindicating SAD, the church should actively encourage Christians to adopt more redemptive eating habits, and Christians who are able should take action toward this end. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

This article encourages a reconsideration of Christian sociology. It explains how deism makes a decisive impact in the theoretical foundations of the discipline. Dutch neocalvinistic philosophy in its North American immigrant setting after World War II issued a challenge which drew attention to the dogmas of deism implicit in sociology, but this challenge has not been met. Christian sociology, however, still retains its God-given vocation to find ways to encourage people everywhere to positively form complex differentiated social settings in the (...) Spirit of the Suffering and Glorified Messiah. (shrink)

A philosophical dialogue on the functioning, the limits, and the paradoxes of our electoral practices, dealing with such basic questions as: What is a vote? How do we count votes? And do votes really count?

"Data mining is not an invasion of privacy because access to data is only by machines, not by people": this is the argument that is investigated here. The current importance of this problem is developed in a case study of data mining in the USA for counterterrorism and other surveillance purposes. After a clarification of the relevant nature of privacy, it is argued that access by machines cannot warrant the access to further information, since the analysis will have to be (...) made either by humans or by machines that understand. It concludes that the current data mining violates the right to privacy and should be subject to the standard legal constraints for access to private information by people. (shrink)

This paper investigates a problem about freedom of information. Although freedom of information is generally considered desirable, there are a number of areas where there is substantial agreement that freedom of information should be limited. After a certain ordering of the landscape, I argue that we need to add the category of "dangerous" information and that this category has gained a new quality in the context of current information technology, specifically the Internet. This category includes information the use of which (...) would be morally wrong as well as some of what may be called "corrupting" information. Some such information should not be spread at all and some should be very limited in its spread. (shrink)

My aim in this paper is to demonstrate that actual egalitarian social practices are unsustainable in most circumstances, thus diffusing Cohen’s conundrum by providing an ‘out’ for our rich egalitarian. I will also try to provide a balm for the troubles produced by continuing inequality, by showing how embracing a common conception of utopia can assist a society in its efforts towards establishing egalitarian practices. Doing so will first require an explanation of how giving, like any social practice, can be (...) thought of in terms of being externally suggested, internally willed, or some combination of the two. (shrink)

This research note is penned in honour of Johan Vander Hoeven on his retirement as Editor-in-Chief of Philosophia Reformata. It is to acknowledge his helpful contribution to the critical exposition of phenomenology. I first read his work almost 30 years ago and it challenged me to develop a sympathetic Christian critique of this philosophical movement. This note is to offer some reflection upon the Christian interpretation of phenomeology. In particular, it raises questions about how some famous phrases, one by Dilthey, (...) the other by Husserl, have been construed. (shrink)

WILLIAM DAVIS HAS MAINTAINED THAT A SUPER PLEASURE HELMET COULD IN PRINCIPLE SATISFY ALL HUMAN NEEDS, BUT THAT SUCH A MACHINE IS PROBABLY A PRACTICAL IMPOSSIBILITY. I ARGUE THAT THE SUPER PLEASURE HELMET IS CONCEPTUALLY IMPOSSIBLE BY ARGUING THAT A PERSON'S NEEDS CANNOT BE SATISFIED JUST BY BRINGING ABOUT CERTAIN PSYCHOLOGICAL STATES IN THAT PERSON.

This paper argues that the Theaetetus establishes conditions on objects of knowledge which entail that only of Forms can there be knowledge. Plato's arguments for this are valid. The principles needed to make Plato's premises true will turn out to have deep connection with important parts of Plato's over-all theory, and to have consequences which Plato, in the middle dialogues, seems to welcome on other grounds as well.

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...) for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

Leibniz claimed that the universe, if God-created, would be physically and morally optimal in this conjoint sense: Of all possible worlds, it would be richest in phenomena, but its richness would arise from the simplest physical laws and conditions. This claim raises two difficult questions. First, why would this “richest/simplest” world be morally optimal? Second, what is the optimal balance between these competing criteria? The latter question is especially hard to answer in the context of a multiverse or multi-domain universe. (...) Leibniz focused on goodness as God’s motive in creation. “This is the cause of the existence of the best: that his wisdom makes it known to God, his goodness makes him choose it, and his power lets him produce it.” This article suggests that love is God’s motive. Since love entails acting to both benefit and be with the beloved, limitless love would entail God’s becoming as much unified reality as possible. The physical laws that govern the universe and its vast richness of phenomena appear to be those that we should expect if this claim is true and there are ways of testing the closeness of this fit. The claim that God has become the world (pandeism) also offers a satisfying resolution to the problem of evil. (shrink)

Some provisions of the UN’s Convention on the Elimination of Discrimination Against Women (CEDAW) are clearly important from the perspective of business ethics, particularly those calling for equal rights for women to employment and financial security. Some other provisions of CEDAW are equally as important for ethical business practices and Corporate Social Responsibility (CSR), but are frequently overlooked because of the presumption that they are not strictly business concerns: the rights of women to participation in public life, marriage, and family (...) rights; the rights of rural women to adequate living conditions; and general rights to equality. This chapter will discuss the conceptual commitments that underlie the assumption of a clear demarcation between work and life concerns, and examine the criticisms of this assumption made by feminism. It will, in particular, be interested in: -/- • The public/private distinction • The meaning of “work” or “labor” • The relationship between CSR and care ethics • Fostering a broader understanding of the family or familial relations • Examining the connection between fair wages and work/life integration -/- These discussions suggest that the ability for businesses worldwide to uphold the tenets of CEDAW is dependent upon a reconsideration of the character of the Ideal Worker and a nuanced understanding of the effects of workplace policies on the wider communities in which businesses operate. In particular, though work/life integration is not strictly speaking a “women’s issue,” the ethical and policy considerations addressed herein currently have disproportionately negative effects for women; thus, addressing them is crucial for achieving the aims of gender equality. (shrink)

The thesis of this paper is that utopianism is a theoretical necessity—we couldn’t, for example, engage in normative political philosophy without it—and, further, that in consciously embracing utopianism we will consequently experience an enrichment of our political lives. Thus, the title of my paper has a double meaning: it highlights the fact that utopianism always plays a normative role in political philosophy, as its concern is inevitably the promotion of a certain vision of the good life; and secondly it suggests (...) that there normatively ‘ought to be’ a recognized and respectable role for utopianism within political philosophy. The first meaning, I believe, is self-explanatory. Regarding the second, it expresses my hope to— in short— take what is old, and through a modest process of rehabilitation, make it new again. (shrink)