In this article Judith Jarvis Thomson's Good Samaritan Argument in defense of abortion in the case of rape is defended from two objections: the Kill vs. Let Die Objection, and the Intend to Kill vs. Merely Foresee Death Objection. The article concludes that these defenses do not defend Thomson from further objections from Peter Singer and David Oderberg.

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)

Drawing upon the recent theoretical framework of Burkean concept of identification (ID), the current study aims at probing the interaction of content and form in two letters penned by Iran’s Supreme Leader and addressed to the Youth on Jan. and Nov. 2015. To this end, the study seeks (i) to determine a role ID takes in the conveyance of intended assumptions to the targeted readers; and (ii) to observe if the writer’s objectives, i.e. to identify himself with the readers and (...) to realize his politically-religiously-infused creeds, result in success or failure; moreover, (iii) it seeks to determine how he achieved his end to attenuate the impacts of blazing inferno of Islamophobia and anti-Islam sentiments in his addressees. The whole corpus (about 3000 words), in light of van Dijk’s Socio-cognitive approach, is critically perused to seek out contextually-coded expressions. The study tries to set out a manner in which political text/talk could be analyzed rhetorically employing ID concept. It was found that ID as a two-way process is a key component for both parties to identify with. It makes the readers align themselves with the writer and helps the writer to associate with the readers and accomplish his goals. (shrink)

The pessimistic induction is built upon the uniformity principle that the future resembles the past. In daily scientific activities, however, scientists sometimes rely on what I call the disuniformity principle that the future differs from the past. They do not give up their research projects despite the repeated failures. They believe that they will succeed although they failed repeatedly, and as a result they achieve what they intended to achieve. Given that the disuniformity principle is useful in certain cases in (...) science, we might reasonably use it to infer that present theories are true unlike past theories. Hence, pessimists have the burden to show that our prediction about the fate of present theories is more likely to be true if we use the uniformity principle than if we use the disuniformity principle. (shrink)

Contemporary political philosophy is, to a certain degree, dominated by a family of theories that invoke hypothetical procedures as a method of normative justification. This article intends to analyze Axel Honneth’s critique of the so-called “proceduralism” in theories of justice, as well as to examine the author’s alternative proposal for a justification method, what he calls “normative reconstruction”. Honneth’s complaints are divided in three parts: critiques of the understanding of justice, the method of justification, and the scope of proceduralist theories (...) of justice are raised, each one receiving an alternative formulation by the author. After reading texts by Axel Honneth, John Rawls — author of "A theory of justice", in which he presents one of the most well-known proceduralist arguments — Jürgen Habermas and Nancy Fraser, who raise problems for Honneth’s normative reconstruction, we suspect that even though Honneth’s critique of proceduralism and his proposal of normative reconstruction seem initially plausible, they are only possible if we abandon the framework of political philosophy to do what is usually called “social philosophy”. (shrink)

In Strawson’s Entity and Identity, there are two essays (Chapters 11 and 12), which study the notion of context. In these essays, Strawson advances a threefold distinction regarding how context bears on the meaning of 'what is said' when a sentence is uttered. -/- In this paper, we'll (i) review the original scheme of Strawson and summarize his improvements to his own scheme, and (ii) add our own improvements to make it even more thoroughgoing. We'll also show that unless it (...) is elaborated with several considerations (mostly based on our work regarding context as a social construct and contextualizing as a form of social action) it cannot function as a realistic initiative towards building common sense models of how intended meaning is achieved. (shrink)

I offer two potential diagnoses of the behavioral norms governing post‐truth politics by comparing the view of language, communication, and truth‐telling put forward by David Lewis (extended by game theorists), and John Searle. My first goal is to specify the different ways in which Lewis, and game theorists more generally, in contrast to Searle (in the company of Paul Grice and Jurgen Habermas), go about explaining the normativity of truthfulness within a linguistic community. The main difference is that for Lewis (...) and game theorists, “truthful” signaling follows from an align- ment of interests, and deception follows from mixed motives leading to the calculation that sending false information is better for oneself. Following in the Enlightenment tradition, Searle argues that practical reasoning, which involves mastery of at least one language, requires that actors intend to communicate. This intention includes constraining the content of statements to uphold veracity conditions. After distinguishing between these two accounts, I will artic- ulate the implications for explaining, and even informing actions, constitutive of post‐truth politics. I argue that the strategic view of communication is suffi- cient neither to model everyday conversation nor to reflect a public sphere useful for democratic govern- ment. Both the pedagogy of strategic communication as cheap talk, and its concordance with new digital information technologies, challenge norms of truthful- ness that underlie modern institutions essential to an effective public sphere. (shrink)

There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms of contact (...) with value. You are in contact with a value when you are manifest in it or when it is manifest in you. You have reason to get in contact with the good and avoid contact with evil. And when you’re in contact with a value, the weight of the reasons it grounds are amplified for you. These ideas, we argue, can bring order to the chaos of commonsense morality. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at (...) least some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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This paper is intended to show that, at least in a considerably wide class of cases, indicative conditionals are adequately formalized as strict conditionals. The first part of the paper outlines three arguments that support the strict conditional view, that is, three reasons for thinking that an indicative conditional is true just in case it is impossible that its antecedent is true and its consequent is false. The second part of the paper develops the strict conditional view and defends it (...) from some foreseeable objections. (shrink)

Is it possible to donate unpaired vital organs, foreseeing but not intending one's own death? We argue that this is indeed psychologically possible, and thus far agree with Charles Camosy and Joseph Vukov in their recent paper on 'double effect donation.' Where we disagree with these authors is that we see double effect donation not as a morally praiseworthy act akin to martyrdom but as a morally impermissible act that necessarily disrespects human bodily integrity. Respect for bodily integrity goes beyond (...) avoiding the aim to kill: not all side effects of deliberate bodily interventions can be outweighed by intended benefits for another even if the subject fully consents. It is not any necessary intention to kill or harm another or oneself that makes lethal donation/harvesting illicit but the more immediate intention to accept or perform surgery on an (innocent) person combined with the foresight of lethal harm and no health-related good for him or her. Double effect donation falls foul of the first condition of double effect reasoning in that the immediate act is wrong in itself. We argue further that the wider effects of such donation would be socially disastrous and corrupting of the medical profession: doctors should retain a sense of nonnegotiable respect for bodily integrity even when they intervene on willing subjects for the benefit of others. (shrink)

My goal in this paper is, to tentatively sketch and try defend some observations regarding the ontological dignity of object references, as they may be used from within in a formalized language. -/- Hence I try to explore, what properties objects are presupposed to have, in order to enter the universe of discourse of an interpreted formalized language. -/- First I review Frege′s analysis of the logical structure of truth value definite sentences of scientific colloquial language, to draw suggestions from (...) his saturated vs. unsaturated sentence components paradigm. -/- Next try investigate, in how far reference to non pure math objects might allow for a role as argument of a truth value function. Object kinds to be considered are: common sense objects, technical objects, humanities object kinds (social, psychical, ...), objects of art, ... , be they abstract, concrete, or in this respect mixed objects. -/- Then have a comment on the just referenced label abstract objects. -/- Next try to get an idea wrt the ontological significance of the fact, that pure math objects and functions in some important classical cases can be uniquely defined by means of categorical theories. Here, in the course of my argument, I have a little corollary wrt the standard model of first order Peano arithmetic, reducing the epistemological significance of the existence of the non standard models. -/- Next, wrt a special concept of a formalized empirical theory, I care for whether the impure math objects and mixed objects described here, and complying best with truth value function mapping, are also reliable candidates for the ontological commitment of such theories: and discuss an alternative, which reduces the ontological significance of the universe of discourse of the theories intended models. -/- In the end I sum up what is - from my point of view - the status quo, according to my respective findings. (shrink)

Given India’s vibrant religious landscape, there is a somewhat surprising paucity of depart‐ ments, centres or even programs for the academic study of religion. This article discusses this issue based on the preliminary results of an interview study conducted at Banaras Hindu University (BHU), Varanasi, India, in 2014 and 20 Its focus is on the views of university teachers and researchers concerning the place, role and function of religion and religious stud‐ ies at BHU. Twenty‐eight semi‐structured interviews were conducted. In (...) the course of their analysis, six themes emerged: 1) the place and role of religion in society; 2) religion as ‘religi‐ osity/spirituality’ or sanatana dharma vs. political ideology/communitarianism; 3) religion vs. dharma; 4) secularization; 5) religion in education in general; and, 6) religion in the education at BHU. The informants agreed on the increasing importance of religion in India, and most of them viewed the meaning of secularization as being ‘equal respect for all religions’. Moreover, a majority distinguished between ‘religion’, in the Western sense, and the Indian conception of dharma, considering it regrettable that the latter, described as the common ground of all reli‐ gions, is not taught more extensively at BHU. They also considered the original ideal of BHU’s founder, Madan Mohan Malaviya, to be of signi cant importance. That ideal involved not only teaching students the knowledge and skill sets found in a standard modern university, but also equipping them with a value‐based education, grounded upon sanatana‐dharma. As our project progresses, further understanding of this turn toward dharma education is something we intend to pursue through the lens of multiple modernities, developed by Marian Burchardt et al. as multiple secularities. (shrink)

This paper addresses what we consider to be the most pressing challenge for the emerging science of consciousness: the measurement problem of consciousness. That is, by what methods can we determine the presence of and properties of consciousness? Most methods are currently developed through evaluation of the presence of consciousness in humans and here we argue that there are particular problems in application of these methods to nonhuman cases—what we call the indicator validity problem and the extrapolation problem. The first (...) is a problem with the application of indicators developed using the differences between conscious and unconscious processing in humans to the identification of other conscious vs. nonconscious organisms or systems. The second is a problem in extrapolating any indicators developed in humans or other organisms to artificial systems. However, while pressing ethical concerns add urgency to the attribution of consciousness and its attendant moral status to nonhuman animals and intelligent machines, we cannot wait for certainty and we advocate the use of a precautionary principle to avoid causing unintentional harm. We also intend that the considerations and limitations discussed in this paper can be used to further analyze and refine the methods of consciousness science with the hope that one day we may be able to solve the measurement problem of consciousness. (shrink)

Emerging reprogenetic technologies may radically change how humans reproduce in the not-so-distant future. One foreseeable consequence of disruptive innovations in the procreative domain is an increase in the reproductive autonomy of intended parents. Regarding the prospective parental liberty of enhancing non-health–related traits of the offspring, one controversy has particularly dominated the literature. Does parents' choice of genetically enhancing the traits of their descendants compromise children's future personal autonomy? In this article, I will analyse the main arguments which posit that reprogenetic (...) enhancement could be at odds with the child's future autonomy. I will argue that these objections are ill-founded. Moreover, I will present other arguments that show that reprogenetic technologies can enhance the autonomy of future children. Autonomy enhancement is a plausible and pro tanto desirable application of emerging reprogenetic technologies. (shrink)

This paper aims to show issues raised by lacanian psychoanalyses concerning the reasons of the phenomenon of aggressiveness, mainly due to the frequency of this phenomenon in education. In this paper, it was intended to highlight the philosophical dimension of the problem, since we are using basically the dissertative method. Lacan takes Hegelian and Marxist legacy to develop the thesis of aggressiveness as realization of a dynamic introduced from the gaze and that has its modus operandi in the movements of (...) alienation and non-alienation. The aggressiveness illustrated, for example, by the injuries suffered by teachers shows itself as a tentative to cause the fall of the Other, this fall is considered as the object a of which its appearance is regulated by the Oedipus Complex. Namely, both the way how the parental authority figures are inscribed in the significant chains that compose the individual and how this inscription shapes the existential possibilities of interaction with the opposite sex would be the key to foresee the extent the individual makes use of aggressiveness. In this way, the Oedipus complex, reinvested by the event of puberty would be responsible for the displacement of the libido one time to the ´Other´ and other time to the own subject. The Other, in the theoretical development of Lacan that follows the decade of 1960, comprehends the identifier choices and also what escapes from any identification. The Other, as a teacher, has the role of positioning itself to generate intuitively one process of identification and has the delicate function of sustain the dialectic that emerges in the moment where the Other falls, moment which usually comes after the identification and that happens with a joy capable of unveiling the object a. Although the role of education is not to maintain an auscultation to this object, the education can influence its nonexclusion and make this object be contoured with the advent of singularities. In this moment, the explicitness of the rules which education constitutes itself as well as the empathy from the educator can be a fundamental instrument in education like the subject to be taught. From the text, we can conclude that: we need to put the aggressiveness in our speech as via of achievement of the non-alienation process conjugated with the possibility to support the desire. (shrink)

Human beings seek to transcend limits. This is part of our potential greatness, since it is how we can realize what is best in our humanity. However, the limit-transcending feature of human life is also part of our potential downfall, as it can lead to dehumanization and failure to attain important human goods and to prevent human evils. Exploring the place of limits within a well-lived human life this work develops and defends an original account of limiting virtues, which are (...) concerned with recognizing proper limits in human life. The limiting virtues that are the focus are humility, reverence, moderation, contentment, neighborliness, and loyalty, and they are explored in relation to four kinds of limits: existential limits, moral limits, political limits, and economic limits. These virtues have been underexplored in discussions about virtue ethics, and when they have been explored it has not been with regard to the general issue of the place of limits within a well-lived human life. The account of the limiting virtues provided here, however, is intended as a counter to other prominent approaches to ethics: namely, autonomy-centered approaches and consequentialist (or maximizing) approaches. This account is also used to address a number of important contemporary issues such as genetic engineering, distributive justice, cosmopolitanism vs. patriotism, and the ethical status of growth-based economics. (shrink)

In their paper, “Autonomy and the ethics of biological behaviour modification”, Savulescu, Douglas, and Persson discuss the ethics of a technology for improving moral motivation and behaviour that does not yet exist and will most likely never exist. At the heart of their argument sits the imagined case of a “moral technology” that magically prevents people from developing intentions to commit seriously immoral actions. It is not too much of a stretch, then, to characterise their paper as a thought experiment (...) in service of a thought experiment. In order for an argument involving a thought experiment to progress debate in applied ethics three things must be true. First, the thought experiment must accurately represent and illuminate a pressing ethical dilemma. Second – and most obviously – the central claims of the argument regarding the thought experiment must be plausible. Third, it must be possible to apply or develop the arguments established with reference to the thought experiment to the real world cases the experiment is intended to illuminate. In this commentary, I argue that there are serious reasons to question the extent to which their argument meets each of these challenges involved in the use of thought experiments in applied ethics. While Savulescu et al. succeed in showing how behavioural modification might be compatible with freedom and autonomy – and perhaps justifiable even if it were not — in the fantastic case they consider, there is little we can conclude from this about any technology of “moral bioenhancement” in the foreseeable future. Indeed, there is a real danger that their argument will license attempts to manipulate behaviour through drugs and brain implants, which raise profound moral issues that they barely mention. (shrink)

Abortion bans have been characterized as cruel especially in not allowing exceptions for rape or incest. The article first examines one approach to morally justifying bans based on the Doctrine of Double Effect (DDE) which distinguishes morally between killing or letting die intending death versus doing so only foreseeing death. It then presents some criticisms of the implications of the DDE but also argues that what the doctrine permits helps provide a ground for the permissibility of abortions even if the (...) fetus is a person. Whether there are limits on applying this argument is also considered. In conclusion, the article considers whether and why not permitting exceptions to bans for rape and incest is cruel and whether cruelty is a ground for opposition to bans. (shrink)

There is a puzzle about the very possibility of foreseen but unintended side effects, and solving this puzzle requires us to revise our basic picture of the structure of practical deliberation. The puzzle is that, while it seems that we can rationally foresee, but not intend, bringing about foreseen side effects, it also seems that we rationally must decide to bring about foreseen side effects and that we intend to do whatever we decide to do. I propose (...) solving this puzzle by rejecting the idea that we intend to do whatever we decide to do. My solution involves taking account of the underappreciated role that qualified intentions play in deliberation. I also argue that this solution fares better than those that instead reject the idea that we rationally must decide to bring about foreseen side effects, for these solutions are committed to rejecting the even more compelling idea that decisions rationally serve as the conclusions of practical deliberation. (shrink)

This article addresses the question of how ‘Country of Origin Information’ reports—that is, research developed and used to support decision-making in the asylum process—can be published in an ethical manner. The article focuses on the risk that published COI reports could be misused and thereby harm the subjects of the reports and/or those involved in their development. It supports a situational approach to assessing data ethics when publishing COI reports, whereby COI service providers must weigh up the benefits and harms (...) of publication based, inter alia, on the foreseeability and probability of harm due to potential misuse of the research, the public good nature of the research, and the need to balance the rights and duties of the various actors in the asylum process, including asylum seekers themselves. Although this article focuses on the specific question of ‘how to publish COI reports in an ethical manner’, it also intends to promote further research on data ethics in the asylum process, particularly in relation to refugees, where more foundational issues should be considered. (shrink)

Birks and Buyx (2018) claim that, at least in the foreseeable future, nonconsensual neurointerventions will almost certainly suppress some valuable mental states and will thereby impose an objectionable harm to mental integrity—a harm that it is pro tanto wrong to impose. Of course, incarceration also interferes with valuable mental states, so might seem to be objectionable in the same way. However, Birks and Buyx block this result by maintaining that the negative mental effects of incarceration are merely foreseen, whereas those (...) of neurointerventions are intended. We dispute Birks and Buyx’s characterization of the descriptive difference between these effects. In both cases, the negative effects are caused, not constituted, by the act in question. (shrink)

In this paper, I examine the ethics of nonviolent protest when a violent response is either foreseen or intended. One central concern is whether protesters, who foresee a violent response but persist, are provoking the violence and whether they are culpable for any eventual harms. A second concern is whether it is permissible to publicize the violent response for political advantage. I begin by distinguishing between two senses of the term provoke: a normative sense where a provocateur knowingly imposes (...) an unjustified risk of a violent response, and a descriptive sense where the respondent feels provoked. I argue that, when the risk of a violent response is justified, the protesters are not provocateurs but akin to nonculpable, entrapping agents who create an opportunity for the regime to respond with disproportionate violence. The regime’s response can disclose its brutality or criminality and this can be fairly publicized for political advantage. When nonviolent protesters create an unjustified risk of violence either because the injustice they oppose is insufficient to justify the risk of a violent response or because the risked harms are disproportionate with the likely political advantages derived from the protest, they are partially culpable provocateurs. However, I argue these partially culpable provocateurs can still permissibly publicize the disproportionate violence of the regime so as to shape public opinion. (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)

June 2022 A Revolutionary New Metaphysics, Based on Consciousness, and a Call to All Philosophers We are in a unique moment of our history unlike any previous moment ever. Virtually all human economies are based on the destruction of the Earth, and we are now at a place in our history where we can foresee if we continue on as we are, our own extinction. As I write, the planet is in deep trouble, heat, fires, great storms, and record (...) flooding, weather patterns drastic everywhere. Capitalism has been so successful in supplying us with an endless array of consumer items, that we have never noticed there is a cost. But there is a cost, the cost is the very life of the Earth herself, and now the day of reckoning is here. Days of reckoning are most often days of rath. But I am hoping that this is a day of major Awakening over the entire planet. We have caused a crisis so great for the Earth we can hardly get our minds around it. But I am proposing that deeply embedded in the crisis are ideas, about who and what the Earth is, Ourselves, and what we are here for. I am proposing that this is a call to all philosophy and philosophers to rethink ourselves from the ground up. The human race has never gotten the Earth right and now we must, for the Earth is the true foundation for civilization. We are in deep trouble with the Earth, and it owes to the fact that the great male thinkers never got the Earth right, they could never make the connection between the life of mind and the life of the Earth. I am proposing that deeply embedded in the crisis we are in are ideas. And that in fact the planet is in the grip of a false metaphysics, and scientific image of nature that really comes most recently from Descartes. His conviction that matter, and with it the Earth, are simply the weighable, the measurable the extended in space and time, utterly devoid of any inner life of mind thoughts or Consciousness. This view of matter and the Earth goes back to the very dawn of thought, Descartes is just its most recent and comprehensive version of things. This view of matter is really a false metaphysics that dominates most of the modern world and underpins the whole scientific image of nature itself. I am proposing this is a false metaphysics and offering a new version of things based on Consciousness. If there is a single idea fueling and driving the destruction of the planet, it is the conviction that the Earth is something without Consciousness. When you intend to ravage and savage the planet, turn it into consumer items to be converted into money in the bank, first pretend that all of the bright beings in the natural world are devoid of Consciousness, just “things” you do not have to have any conscious about destroying them. I am proposing that this term Consciousness, that has appeared as term and a problem for modern science, is the key to getting ourselves right with the Earth. I propose this new theory for science will ramify into every other disciplines as well, and the ways we think just about everything. This old paradigm based on a false theory of matter, has run its course, it has brought us to the brink of our own extinction. We need new ideas, and we need them now. You will find my recent work in the Scientific God Journal under the title: Consciousness as the Organizing Principle, and a very complete version of my arguments for this term Consciousness, along with radical reinterpretation of modern science itself, on the Galileo Commission site. It is a radical moment for all of the thinkers among us, take this as my small contribution to rethinking ourselves in new terms, based on my understanding that the true basis for the whole of Being, the Universe, the Cosmos, and with them Ourselves, is this term Consciousness. And unpack it. And I predict that with this term Consciousness every intractable human problem in both science and the modern world will go down like a line of dominos before it. And so, here are a few new ideas I would offer you. These are the times of the Reappearance of the Feminine, a great Awakening as of Springtime after a long dark and lonely Winter. We are leaving behind us an old civilization based on male dominance, fear lies and control, now in decay, disease, and death disintegrating all around us. We are moving into a whole new civilization based on Love and Truth. A new civilization requires new basic terms values and first principles. And so, I return to Descartes. 1. Just over 300 years ago a young man travelling with the army found himself stranded in a foreign town in a bare room lit by a candle with nothing to do but think. And in a couple of nights Descartes laid the entire thought foundations for modern science and most of the modern world. It isn’t clear that modern philosophers with their funding sources of grants, their graduate students, their reputation and all the perks and privileges of academia can do any better. Descartes claimed there are just two principles in the Universe, Matter and Mind. God was pure mind; human beings were mind and matter. And we are the only ones on the planet with mind. Everything else all of the bright array of beings who share the planet with us are simply matter. And matter? The weighable the measurable the extended in space and time utterly devoid of any inner life of thoughts, feelings, or Consciousness This classification was a boon for developing science. Scientists did not have to worry about any inner life in nature, ideas or Consciousness, they could just set about weighing and measuring, as they have until the present day. But it was a disaster for the Earth. Earth was once worshiped as a Goddess. With Descartes she became almost overnight “things.” Simply commodities and resources, an endless of supply of consumer items, to be turned into money in the bank. And now Descartes concept of matter is up for us. If there is a single idea that is enabling and driving the destruction of the Earth, it is the conviction that Earth is something without Consciousness. This whole scientific image of nature as something devoid of Consciousness is driving the destruction of the Earth, and driving us all insane, and it needs to change. Ever since Descartes formulated Dualism, scientists and philosophers have been trying to get rid of it. They have done this by attempting to make matter the fundamental term of reality, and to explain mind or Consciousness in terms of matter. And now, Consciousness has emerged as term and a problem for modern science. 2. The prevailing Universe picture has been mainly based on the belief that Consciousness appears only at the end of evolution in ourselves and some of the higher animals when matter attains “a certain state of complexity” and it is produced by neurons in the brain. But Consciousness is nothing real in itself, the neurons are doing the work, Consciousness is simply a byproduct of neural activity. As William James summed up this position, not his: Consciousness is to the brain as a shadow to the runner, it runs beside him but never influences his stride. And so, the great problem of neuroscience: How do neurons produce Consciousness? So far, no one has been able to say how. All we have is parallelism. Two processes are running in parallel a train of neural events and a train of Consciousness events. And so, which one is primary? The face of neuroscience and much of the modern world is that the neural events are what is really real, Consciousness is secondary. The conviction that Consciousness is something produced by neurons is so deeply held and has been so for so long, that it seems like an obvious fact. It is in fact an assumption and a theory, and it could all well be the other way around. The scientific image of nature as something devoid of Consciousness is now up for us. It has enabled the destruction of the Earth, and we are now at a unique place in our own evolution where we can foresee if we continue on as we are, our own extinction. And so, there are the best reasons for rethinking Descartes concepts of matter. Scientists and philosophers have been trying to escape dualism by making matter the fundamental term. And now, this has not worked. In a nutshell: The mind body problem, the “hard problem of Consciousness” ---how do neurons in the brain, atoms and molecules give rise to ideas thoughts and feelings and who what and where is the “I” who sees them? And then, the near-death experience. I remind you of the truth of the near-death experience. The body in the bed is brain dead eeg flat, but the patient, pure Consciousness is hovering at the ceiling watching the doctors work over the body below, able to read dials he could not have seen from the bed, sometimes able to events in the corridor beyond the room, all subsequently confirmed by the doctors. Evidence as good as it gets that the patient really was out of his body. And so, the patient is able to see without eyes, hear without ears and to think and remember without a brain. There is not a single scientific principle that can account for this. And I am proposing that the near-death experience is a threshold and a key for a much deeper understanding of the Universe. These three problems are so hard they cannot be solved by present scientific principles and therefore call all present principles and ways of thought into question. When your axioms cannot account for the data, it is time to drop them and find better fundamental terms. We have not been able to solve the problems of Consciousness with the assumption that matter is the most basic and fundamental term. And so, if Cartesian dualism is to be overcome at all, we need to try it the other way around. 3. We are in the position of Copernicus. Remember Copernicus? He was making his calculations on the assumption that the Earth was the center of the Universe until they became so unwieldy that he decided to try it all the other way around. To make the sun the center, the Earth revolving around it. And lo, all of his data fell neatly into place. I am proposing a whole new Universe picture. Evolution makes us continuous with every other being, Consciousness would not be in us if it were not in them also, and then, in the atoms and molecules and cells that make up living beings. I propose to make Consciousness the most basic term and see what follows. I am in fact, proposing a new Copernican Revolution, that Consciousness is the true basis for the Universe and the right fundamental term, for science itself all other disciplines as well, and the whole of the modern world. And I predict that every intractable problem in science or the modern world, will go down like a line of dominos before it. In a nutshell: Consciousness and not matter is “first and fundamental” in the Universe, it is there from the very “Beginning” everything has it and all of the true causalities, the explanatory principles belong to it. Not to matter. What then is matter? All matter is an Appearance of something much more real, Consciousness. All matter is an expression of Consciousness, even the least little bit of matter contains Consciousness, and is an expression of Consciousness. And so, we revise the scientific image of nature. Science at present is two termed, matter/energy. It needs to become three termed: Matter/energy/Consciousness, with the recognition that all of the basic principles, the true causalities of events, and of the Universe belong to Consciousness. And now physics. To accommodate this new Universe picture physics needs to alter just one term, energy. All energy contains Consciousness, that idea alone will change our world forever. The animals the trees the plants are just as conscious as we are, as is the Earth herself, a continuum of many forms of Consciousness of which our own is one. The Earth consists of interacting and intersecting forms of Consciousness, Consciousness within Consciousness within Consciousness within Consciousness. A remarkable work has just appeared entitled “Beyond Words What Animals Feel and Think.” Describing in detail how like ourselves all of the animals are. And the more we can see how like us everything else really is, the harder it will be for us to do them all in, in the interest of turning them into consumer items. And so, here is a new principle of understanding, that entails completely new forms of explanation, and a whole new Universe picture to be spelled out in terms of Consciousness and its various properties. This is a Universe that is aware awake and Enspirited throughout. And so, there is only one principle, not two. And so, how does Consciousness work? There is “no mind/body problem.” My Consciousness is aligning the Consciousness of neurons in the brain, that aligns the Consciousness of all other cells in the body, that aligns the Consciousness of molecules and atoms themselves. Mainly from the top down, but also interactive, and not reduction to the purely physical forces. 4. And so, here is a radical new Universe picture, and with it a new way to think about the Universe itself, the Earth, Ourselves, and Spirit. It requires a complete revision of both of the terms of modern science itself. The problem of the modern world owes in deep measure to Descartes concept of matter as something devoid of interior life. But he is only the most powerful and simple expression of a whole tradition of thought that predates him, that goes back to the very dawn of thought itself. It owes to the conviction of both Plato and Aristotle that the Earth was something devoid of reason, or mind, and therefore something to be held in complete contempt. We are emerging from a civilization based on contempt for the Earth, and down the road, it will become contempt for the body, sex, women, the Native people, and people of color everywhere. And so, this entire tradition is now up for us, it has brought us to the brink of our own extinction, and we need to get beyond it. I am proposing that this term Consciousness is the way out. The missing piece of the puzzle and the idea whose time has come. And it will enable us to move into a completely new civilization based on respect for the Earth, women, sex, people of color, that honors everyone and has a place for all. Revolutions in science occur when new data show up that cannot be accounted for by existing paradigms (Thomas Kuhns: The Structure of Scientific Revolutions). Consciousness, and all the properties and problems of Consciousness are just such data, and they compel a new scientific revolution. But we are a scientific age. A new Copernican revolution in science is such as revolution everywhere. And Consciousness is the key to getting every other reality at all levels and depths right as well. It will enable us finally to get the Earth right, get ourselves right with the Earth, and with one another. Archimedes: Give me a place to stand, and I will move the world. I am proposing a new synthesis among our fundamental terms in which this term Consciousness is the new lynchpin. And so, I return once more to Descartes. Descartes in the Mediations was a dualist, they were two realities interacting in the pineal gland mind and body. But Descartes age was high on “Cartesianisms,” on Descartes concept of matter. Animals were simply cleverly wired machines (Hobbes called them automata). Rumor had it that Descartes followers went about kicking dogs reasoning that their howls were not due to any feelings of pain, but simply the wiring of the machine. We have been doing this to the Earth ever since, and now the Earth is not going to stand for it any longer. It is time we all woke up. There is no matter in Descartes sense of it, or in Plato and Aristotle’s sense of it. This old concept of matter is embedded in all of the crisis and catastrophes---fires, drought, pandemics, over population, the disintegrating economies, our ways of life, capitalism and consumerism themselves. All matter is Enspirited, contains Consciousness, and is an expression of Consciousness. Now I tell you something about Descartes you may not know. In the Mediations was a dualist, there are minds and bodies. But by the end of his life, he knew the truth. Descartes guided his whole life by these vivid dreams, and toward the end of his life he had this dream: He saw the Universe as a giant machine and in the heart of the machine propelling the whole, was Consciousness. And so, out of the shades and shadows and into the light of day. Here is a renewed and a new science, a new cosmology. And with it, a revolutionary new metaphysics. The whole of the modern world is in the grip of a false metaphysics, based on Descartes theory of matter. Here is a new, and finally true metaphysics based on the single term, Consciousness. 5. And in all my works, I spell out this new metaphysics based on Consciousness, and what it means for how we think about virtually everything: The Universe, the Earth, Ourselves, and Spirit. Of who, what and where Spirit is, that we may connect with Spirit everywhere. There is only one term for the Universe, and not two, this single term Consciousness, that manifests itself in two modes: Consciousness in Form, Consciousness Formless. And so, here is a sketch of what this new term Consciousness really means. For four great aspects of the real, four new cornerstones for a whole new civilization on Earth, based on Love and Truth. A. For the Universe: New causalities, all matter is an expression of Consciousness, awake and aware, Enspirited throughout, which has a place for the causalities of love ideas intent plan and purpose, what Aristotle called final causality, that for the sake of which. And it has a place for subjectivity, the greatest mystery in the whole of the Universe, knowable only in ourselves, but there in everything else as well, bedrock in the chain of causalities. The buck stops here. Here are two very different Universe pictures. The Cartesian Universe consists of things, pushed, and pulled around by the physical forces that function blind. The true Universe consists of selves and not things. Selves at least in ourselves, are organized and focused about an I, an I am, or a sense of self in everything, ever other being dear to itself. Just one aspect of subjectivity. And so, it is Consciousness all the way down, and subjectivity all the way down. Science proceeds on the basis of the negligible of what it can leave out as unimportant. Subjectivity is the ultimate animating principle of the Universe. What Descartes really did was to strip from nature what is most essential about it, its animating principle Consciousness. And so, we come out of a long history of “clunk.” The great male thinkers have killed creation. First in concepts and now in the lived life. And so, after centuries of fruitless search, not all of it in vain, finally, and just in time the true basic principle for the Universe has shown up in virtually all disciplines, this term Consciousness. B. And so, the Earth: What does this term Consciousness really mean for the Earth? It means that all of the bright array of beings around us have Consciousness. And the more we can realize how like us they are, the harder it will be to do them all in. Is this what it really means to be “made in the image of Spirit?” To destroy ever other living being? The god of Genesis is a creator god who has created billions and billions of living forms. Man, taking himself to be made in the image of Spirit has destroyed virtually all of it. The Earth is not things, not commodities and resources, not an endless array of consumer goods. The Earth consists of conscious living spiritual beings like ourselves, who need to be honored and respected, nurtured and cared for, to be Loved. And if the human race can finally pull it off and bring Love here and start helping the Earth rather than destroying her, even our vast numbers now at 8 billion, may not matter. Deeply embedded in the modern world is a false cosmology based on the hitherto useful but ultimately false metaphysics of Descartes. In particular it owes to Descartes concepts of matter, and of the Earth, as something devoid of Consciousness. And now this concept is up for us. If there is a single idea enabling and driving the destruction of the planet, it is the conviction that the Earth is something devoid of Consciousness. And we all have a vested interest in keeping this false concept in place. When you intend to ravage and savage the Earth, to turn it into consumer items, and money in the bank, first pretend she has no Consciousness that way we need not have any conscious about it. We are in deep trouble with the planet. Virtually all human economies are based on the destruction of the Earth, and we are now at a place in our history where we can foresee if we continue on as we are, our own extinction. And so, here are a few new guiding principles for the planet, based on Consciousness. Consciousness has field properties. The Earth is Consciousness throughout, connected and interconnected throughout, intersecting and interacting fields of Consciousness of which our own is one. To harm one is to harm all. Only this understanding of the Earth can set our destructive technologies, and capitalism, their goals, and their limits. The real problem with capitalism, and with civilization itself is it has no true understanding of the Earth, all the exquisite networks and webworks that connect all beings with one another. Nor it is about to admit that the Earth is our “life support system,” reason gone insane in the modern world. We are destroying our life support system, capitalism is the full expression of the human death wish in the modern world, and it needs to change. And now, let the barriers between ourselves and all other beings go down. C. And so, Ourselves. This new Universe picture based on Consciousness opens into and has a place for new concepts of human identity. In particular, it has a place for reincarnation, a process whereby one Consciousness dons’ bodies again and again and lays them down. This is a process wholly impossible on materialistic theories. This new view of things puts a higher perspective on Freudian determinism, which is a partial knowing in a greater account. We are something more than the victims of genes drives and childhood. We are immortally eternal evolving spiritual beings who take on a cycle of earthly lives in order to achieve certain goals and abilities, and then, our earthly cycle complete, we depart the Earth plane for other areas of the Universe physical or purely spiritual, to continue our evolution elsewhere. The scientific evidence for reincarnation is increasing on all sides, see for example the work of Michael Newton, a mainstream scientist forced to confront the fact of reincarnation. A completely new reincarnational picture is now emerging everywhere. We choose our parents for abilities we could acquire through them. We all come here with reasons for being here, and we all have free will, an original property of Consciousness, and we work out our issues accordingly. We all come here with the same reason for being here. It is to experience the Earth plane and human society at all levels and depths, in every social role, every climate, both sexes male and female and in all races. We are all here to acquire a deep understanding of the Earth plane with all its challenges and all of its present problems. We are not here to devour and consume the Earth, but to honor her for the learning experience she makes available for us. And so, reincarnation is the great equalizer, the fundamental basis for any bill of rights. Many of the problems of the modern world owe to the fact that reincarnation has not been taught in the West. Reincarnation was the center piece of Jesus teachings. It was banned by a fourth century council that decided the populous could best be controlled through fear. They edited all mention of reincarnation from the scriptures, and inserted fear terms instead, a judgmental god, and so on. If reincarnation had been taught, there would have been no suppression of women, but the gift of both sexes would have been honored and developed. And there would have been no reason for contempt for people of color because who they are, we have been or will be. There is no reason to look down on anyone when we know that our own identity includes membership in theirs. The truth of reincarnation needs to be the foundation for getting ourselves right with the Earth, and with one another. D. And so, Spirit. This new Universe picture, based on Consciousness, has a place for Spirit as simply Infinite Consciousness. All universes all worlds are formed out of this Consciousness, divine and sacred throughout. And Spirit is everywhere in the Earth and can be connected everywhere. And the Native North American people had things right. Everything has its own Spirit, and without contradiction is also an expression of Spirit. And what I am really doing in terms of concepts of modern science is presenting the Native North American version of the Real. And this new Universe picture has a place for the essential insight of all religions almost smothered by church tradition: Love. Not an emotion but a great Oneness, that can be found everywhere, even in a busy city street. But especially in the Earth, that is levels and depths of Oneness everywhere. And so, for the first time in their long and bitter antagonistic history, science and religion now share a common base with this term Spirit, the lynchpin in a new conceptual framework. And I offer an interpretation of where we are in our history, this present moment of historical grace, and these tumultuous times in which we live, the return of the Goddess and the Divine Feminine, the Reappearance of the Feminine in history, the Advent of Women, this great Awakening, as of Springtime after a long dark Winter, the Awakening, the Second Coming. And so, stay tuned! (shrink)

Many ethicists maintain that medical research on human subjects that presents no prospect of direct medical benefit must have a prospect of social benefit to be ethical. Payment is not the sort of benefit that justifies exposing subjects to risk. Alan Wertheimer has raised a serious challenge to this view, pointing out that in industry, social value is not considered necessary to make dangerous jobs ethical. This article argues that Wertheimer was correct to think that the ethics of hazard pay (...) should be the same in medical research and in business. Nevertheless, a qualified social benefit requirement should apply in both fields. For a study or a job with significant net physical risk to be ethical, it must have social value beyond the satisfaction of ordinary preferences, including the preference for money. The requirement derives from a non-absolutist version of the doctrine of double effect. If a risky study or a dangerous job has no distinctive social value, and hazard pay is subjects' or workers’ only reason to undergo risks, the very fact that they undergo risk is intended as a means to a financial end. Inviting people to enrol in such a study or to take such a job wrongfully treats people as mere means. By contrast, if a study or a job has social value, people can participate with a primary end other than money, even if they accept compensation. Researchers or employers do not intend but merely foresee risks to subjects or workers. (shrink)

The doctrine of mens rea can be expressed in this way: MRP: If A is culpable for performing phi, then A performs phi intentionally in circumstances in which it is impermissible to perform phi. The Sermon on the Mount suggests the following principle: SMP: If A intends to perform phi in circumstances in which it would be impermissible for A to perform phi, then A’s intending to perform phi makes A as culpable as A would be were A to perform (...) phi. MRP and SMP are principles representative of intentionalism, a family of views that emphasizes the importance of intention to judgments about culpability. This essay examines an intentionalist’s defense of MRP with respect to lying, strict criminal liability, and the distinction between intention and foreseeability, along with a defense of SMP with respect to failed attempts, and self-defense. (shrink)

With the transition of the pandemic-gripped labor market en masse to remote capabilities to avert from a national or international economic meltdown, a concern arises that many job seekers simply cannot fit into the new roles being developed and implemented. Beyond the loss of on-site work, the market is unable to reverse the loss of many roles that are, and have been, taken over by artificial (computer) intelligence systems. The “business-as-usual” mentality that many have come to associate with pre-pandemic life (...) supposedly took these losses into account, much to various societies’ detriment during this international crisis. And unlike at the turn of the millennium, the market has come to realize that it cannot function without advanced computer intelligence (CI) systems. Arguments can be made that humanity’s currently most sophisticated CI systems come nowhere near replicating the nuances that would prompt one to classify the system as being “human-like,” and that they will remain this way for the foreseeable future. However, what is conveniently ignored in this assessment is how not even three generations have passed since computer systems became an integral aspect of daily life. While the loss of work for humans as a result of this advancement of technology may not immediately reach concerning levels, it still begs the question of how society should react to a lack of non-specialized work and the value of “humanness” in the labor market. This work intends to explore these concepts and provide anticipatory guidance on how humanity should adapt. (shrink)

Epistemic luck is a generic notion used to describe any of a number of ways in which it can be accidental, coincidental, or fortuitous that a person has a true belief. For example, one can form a true belief as a result of a lucky guess, as when one believes through guesswork that “C” is the right answer to a multiple-choice question and one’s belief just happens to be correct. One can form a true belief via wishful thinking; for example, (...) an optimist’s belief that it will not rain may luckily turn out to be correct, despite forecasts for heavy rain all day. One can reason from false premises to a belief that coincidentally happens to be true. One can accidentally arrive at a true belief through invalid or fallacious reasoning. And one can fortuitously arrive at a true belief from testimony that was intended to mislead but unwittingly reported the truth. In all of these cases, it is just a matter of luck that the person has a true belief. -/- Until the twenty-first century, there was nearly universal agreement among epistemologists that epistemic luck is incompatible with knowledge. Call this view “the incompatibility thesis.” In light of the incompatibility thesis, epistemic luck presents epistemologists with three distinct but related challenges. The first is that of providing an accurate analysis of knowledge (in terms of individually necessary and jointly sufficient conditions for “S knows that p,” where ‘S’ represents the knower and ‘p’ represents the proposition known). An adequate analysis of knowledge must succeed in specifying conditions that rule out all instances of knowledge-destroying epistemic luck. The second challenge is to resolve the skeptical paradox that the ubiquity of epistemic luck generates: As will become clear in section 2c, epistemic luck is an all-pervasive phenomenon. Coupling this fact with the incompatibility thesis entails that we have no propositional knowledge. The non-skeptical epistemologist must somehow reconcile the strong intuition that epistemic luck is not compatible with knowledge with the equally evident observation that it must be. The third challenge concerns the special skeptical threat that epistemic luck seems to pose for more reflective forms of knowledge, such as knowing that one knows. Each of these challenges will be explored in the present article. (shrink)

Formalizing Euclid’s first axiom. Bulletin of Symbolic Logic. 20 (2014) 404–5. (Coauthor: Daniel Novotný) -/- Euclid [fl. 300 BCE] divides his basic principles into what came to be called ‘postulates’ and ‘axioms’—two words that are synonyms today but which are commonly used to translate Greek words meant by Euclid as contrasting terms. -/- Euclid’s postulates are specifically geometric: they concern geometric magnitudes, shapes, figures, etc.—nothing else. The first: “to draw a line from any point to any point”; the last: the (...) parallel postulate. -/- Euclid’s axioms are general principles of magnitude: they concern geometric magnitudes and magnitudes of other kinds as well even numbers. The first is often translated “Things that equal the same thing equal one another”. -/- There are other differences that are or might become important. -/- Aristotle [fl. 350 BCE] meticulously separated his basic principles [archai, singular archê] according to subject matter: geometrical, arithmetic, astronomical, etc. However, he made no distinction that can be assimilated to Euclid’s postulate/axiom distinction. -/- Today we divide basic principles into non-logical [topic-specific] and logical [topic-neutral] but this too is not the same as Euclid’s. In this regard it is important to be cognizant of the difference between equality and identity—a distinction often crudely ignored by modern logicians. Tarski is a rare exception. The four angles of a rectangle are equal to—not identical to—one another; the size of one angle of a rectangle is identical to the size of any other of its angles. No two angles are identical to each other. -/- The sentence ‘Things that equal the same thing equal one another’ contains no occurrence of the word ‘magnitude’. This paper considers the problem of formalizing the proposition Euclid intended as a principle of magnitudes while being faithful to the logical form and to its information content. (shrink)

In this book, we interpret post-truth as a multifaceted phenomenon which involves fake news, emotion-driven rhetoric (vs fact-driven discussion), credulism in the social-media, conspiracy theories and scientific denialism. We develop three models intended to represent the multifaceted nature of post-truth in terms of deviated forms of enquiry – which we label “post-enquiries”. The first form of post-enquiry posits the existence of alternative facts; the second prioritizes emotions over facts; the third limits the scope of the norms of enquiry. We elaborate (...) on the third model in relation to scientific denialism and we apply it to analyse the case of flat-earthism. (shrink)

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

Semiotics has been making progressively inroads into marketing research over the past thirty years. Despite the amply demonstrated conceptual appeal and empirical pertinence of semiotic perspectives in various marketing research streams, spanning consumer research, brand communications, branding and consumer cultural studies, there has been a marked deficit in terms of consolidating semiotic brand-related research under a coherent disciplinary umbrella with identifiable boundaries and research agenda. -/- The Handbook of Brand Semiotics furnishes a compass for the perplexed, a set of anchors (...) for the inquisitive and a solid corpus for scholars, while highlighting the conceptual richness and methodological diversity of semiotic perspectives. -/- Written by a team of expert scholars in various semiotics and branding related fields, such as John A. Bateman, David Machin, Xavier Ruiz Collantes, Kay L. O’Halloran, Dario Mangano, George Rossolatos, Merce Oliva, Per Ledin, Gianfranco Marrone, Francesco Mangiapane, Jennie Mazur, Carlos Scolari, Ilaria Ventura, and edited by George Rossolatos, Chief Editor of the International Journal of Marketing Semiotics, the Handbook is intended as a point of reference for researchers who wish to enter the ‘House of Brand Semiotics’ and explore its marvels. -/- The Handbook of Brand Semiotics, actively geared towards an inter-disciplinary dialogue between perspectives from marketing and semiotics, features the state-of-the-art, but also offers directions for future research in key streams, such as: -/- · Analyzing and designing brand language across media · Brand image, brand symbols, brand icons vs. iconicity · The contribution of semiotics to transmedia storytelling · Narrativity and rhetorical approaches to branding · Semiotic roadmap for designing brand identity · Semiotic roadmap for designing logos and packaging · Sociosemiotic accounts of building brand identity online · Multimodality and Multimodal critical discourse analysis · Challenging the omnipotence of cognitivism in brand- related research · Semiotics and (inter)cultural branding · Brand equity semiotics Comparative readings of structuralist, Peircean and sociosemiotic approaches to brandcomms . (shrink)

Tarski’s Convention T—presenting his notion of adequate definition of truth (sic)—contains two conditions: alpha and beta. Alpha requires that all instances of a certain T Schema be provable. Beta requires in effect the provability of ‘every truth is a sentence’. Beta formally recognizes the fact, repeatedly emphasized by Tarski, that sentences (devoid of free variable occurrences)—as opposed to pre-sentences (having free occurrences of variables)—exhaust the range of significance of is true. In Tarski’s preferred usage, it is part of the meaning (...) of true that attribution of being true to a given thing presupposes the thing is a sentence. Beta’s importance is further highlighted by the fact that alpha can be satisfied using the recursively definable concept of being satisfied by every infinite sequence, which Tarski explicitly rejects. Moreover, in Definition 23, the famous truth-definition, Tarski supplements “being satisfied by every infinite sequence” by adding the condition “being a sentence”. Even where truth is undefinable and treated by Tarski axiomatically, he adds as an explicit axiom a sentence to the effect that every truth is a sentence. Surprisingly, the sentence just before the presentation of Convention T seems to imply that alpha alone might be sufficient. Even more surprising is the sentence just after Convention T saying beta “is not essential”. Why include a condition if it is not essential? Tarski says nothing about this dissonance. Considering the broader context, the Polish original, the German translation from which the English was derived, and other sources, we attempt to determine what Tarski might have intended by the two troubling sentences which, as they stand, are contrary to the spirit, if not the letter, of several other passages in Tarski’s corpus. (shrink)

Words change meaning, usually in unpredictable ways. But some words’ meanings are revised intentionally. Revisionary projects are normally put forward in the service of some purpose – some serve specific goals of inquiry, and others serve ethical, political or social aims. Revisionist projects can ameliorate meanings, but they can also pervert. In this paper, I want to draw attention to the dangers of meaning perversions, and argue that the self-declared goodness of a revisionist project doesn’t suffice to avoid meaning perversions. (...) The road to Hell, or to horrors on Earth, is paved with good intentions. Finally and more importantly, I want to demarcate what meaning perversions are. This, I hope, can help us assess the moral and political legitimacy of revisionary projects. (shrink)

This paper draws attention to a fundamental problem for a version of the tracing strategy defended by a number of theorists in the current literature (Rosen 2004, Fischer and Tognazzini 2009). I argue that versions of the tracing strategy that require reasonable foreseeability are in tension with the view that blameless ignorance excuses. A stronger version of the tracing strategy is consistent with the view that blameless ignorance excuses and is therefore preferable for those tracing theorists who wish to continue (...) maintaining that it does. (shrink)

A growing body of literature has revealed ordinary causal judgement to be sensitive to normative factors, such that a norm-violating agent is regarded more causal than their non-norm-violating counterpart. In this paper, we explore two competing explanations for this phenomenon: the Responsibility View and the Bias View. The Bias View, but not the Responsibility View, predicts features peripheral to the agent’s responsibility to impact causal attributions. In a series of three preregistered experiments (N = 1162), we present new evidence that (...) the Norm Effect arises from such peripheral features, namely from nonpertinent or entirely silly norm violations. Furthermore, we show that this effect cannot be explained by recourse to the agent’s foreknowledge or desire of the outcome, nor by its foreseeability: the Norm Effect arises even when participants judge the norm-violating agent’s doing as equally foreseeable. This, we argue, provides evidence in favour of the Bias View. (shrink)

Localism is the view that the unit of evaluation in the scientific realism debate is a single scientific discipline, sub-discipline, or claim, whereas individualism is the view that the unit of evaluation is a single scientific theory. Localism is compatible, while individualism is not, with a local pessimistic induction and a local selective induction. Asay (2016) presents several arguments to support localism and undercut globalism, according to which the unit of evaluation is the set of all scientific disciplines. I argue (...) that some of his arguments clash with localism as well as with globalism and support individualism, and that individualism goes hand in hand, while localism does not, with the basic rule of how to evaluate an argument. (shrink)

Does the human mind resemble the machines that can behave like it? Biologically inspired machine-learning systems approach “human-level” accuracy in an astounding variety of domains, and even predict human brain activity—raising the exciting possibility that such systems represent the world like we do. However, even seemingly intelligent machines fail in strange and “unhumanlike” ways, threatening their status as models of our minds. How can we know when human–machine behavioral differences reflect deep disparities in their underlying capacities, vs. when such failures (...) are only superficial or peripheral? This article draws on a foundational insight from cognitive science—the distinction between performance and competence—to encourage “species-fair” comparisons between humans and machines. The performance/competence distinction urges us to consider whether the failure of a system to behave as ideally hypothesized, or the failure of one creature to behave like another, arises not because the system lacks the relevant knowledge or internal capacities (“competence”), but instead because of superficial constraints on demonstrating that knowledge (“performance”). I argue that this distinction has been neglected by research comparing human and machine behavior, and that it should be essential to any such comparison. Focusing on the domain of image classification, I identify three factors contributing to the species-fairness of human–machine comparisons, extracted from recent work that equates such constraints. Species-fair comparisons level the playing field between natural and artificial intelligence, so that we can separate more superficial differences from those that may be deep and enduring. (shrink)

Controversially, psychologist and public intellectual Jordan Peterson advises “enforced monogamy” for societies with high percentages of “incels.” As Peterson’s proposal resonates in manosphere circles, this chapter reconstructs and briefly evaluates the argument for it. Premised on the moral importance of civilizational sustainability, advocates argue that both polygamous and socially monogamous but sexually liberal mating patterns result in unsustainable proportions of unattached young men. Given the premises, monogamous societies are probably justified in maintaining their anti-polygamist social and legal norms. The case (...) for imposing stricter sexual norms on socially monogamous but sexually liberal societies is weaker, however, as male involuntary celibacy in those places isn’t as directly caused by male intrasexual competition, and since less intrusive social interventions are more likely to ameliorate “the incel problem.”. (shrink)

The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...) to the disadvantaged students and messages of unwarranted superiority to the advantaged. Parents, teachers, and schools can adopt a justice perspective that avoids these deleterious aspects of the capital argument, and helps create a community of equals inside the integrated school. Struggles for educational justice must remain closely linked with struggles of both a class- and race-based nature for other forms of justice in the wider society. (shrink)

This paper asks whether phenomenal intentionality (intentionality that arises from phenomenal consciousness alone) has a relational structure of the sort envisaged in Russell’s theory of acquaintance. I put forward three arguments in favor of a relation view: one phenomenological, one linguistic, and one based on the view’s ability to account for the truth conditions of phenomenally intentional states. I then consider several objections to the relation view. The chief objection to the relation view takes the form of a dilemma between (...) Platonic and Aristotelian conceptions of the properties constitutive of the contents of phenomenally intentional states on this view: the Aristotelian view seems unable to account for all the apparent contents of phenomenally intentional states, but the Platonic view seems to be ontologically unacceptable. I also consider other objections from physicalism, phenomenology, and epistemology. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (shrink)

The purpose of the paper is to analyze the thesis that an agreement between representatives of two different cultures can and should be reached at a theoretical level. The author tries to verify the Theory of Communicative Action proposed by Jürgen Habermas in the light of philosophical reflections of American neopragmatist Stanley Fish. Habermas is one of the most important and widely read social theorists in the post-Second World War era. He is also one of the authors of the concept (...) of deliberative democracy, which holds that, for a democratic decision to be legitimate, it must be preceded by authentic deliberation – disinterested exchange of reasons – not merely the aggregation of preferences that occurs in voting. The foundation of deliberative democracy is, according to the German thinker, a communicative action based on communicative rationality. Stanley Fish, in turn, is one of the most eminent American philosophers of the twentieth and twenty-first centuries. The main area of his scientific activity is the theory of literature, law, and history. In the course of his reflections, Fish constructed the concept of an interpretive communities, which implies an original view on the nature of the process of cognition, status of human convictions or beliefs, nature of communication situation and capabilities of theory. The final conclusion stemming from the reflection on Fish’s philosophy explains why Habermas’ theory is not an adequate tool to reach an intercultural agreement. (shrink)

The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, in (...) effect, changed a right into an entitlement. (shrink)

We argue that intentions are beliefs—beliefs that are held in light of, and made rational by, practical reasoning. To intend to do something is neither more nor less than to believe, on the basis of one’s practical reasoning, that one will do it. The identification of the mental state of intention with the mental state of belief is what we call strong cognitivism about intentions. It is a strong form of cognitivism because we identify intentions with beliefs, rather than (...) maintaining that beliefs are entailed by intentions or are components of them. (shrink)

Moral enhancement is an ostensibly laudable project. Who wouldn’t want people to become more moral? Still, the project’s approach is crucial. We can distinguish between two approaches for moral enhancement: direct and indirect. Direct moral enhancements aim at bringing about particular ideas, motives or behaviors. Indirect moral enhancements, by contrast, aim at making people more reliably produce the morally correct ideas, motives or behaviors without committing to the content of those ideas, motives and/or actions. I will argue, on Millian grounds, (...) that the value of disagreement puts serious pressure on proposals for relatively widespread direct moral enhancement. A more acceptable path would be to focus instead on indirect moral enhancements while staying neutral, for the most part, on a wide range of substantive moral claims. I will outline what such indirect moral enhancement might look like, and why we should expect it to lead to general moral improvement. (shrink)

Inner speech vs. anendophasia: Questions of information, serendipity, and the mental realm’s connection with nature.

For years, the European world saw millions of swans, and all of them without exception were white. If inductive reasoning is valid, one may conclude that all swans are white. However, this would be incorrect: in 1667 Dutch explorer Willem de Vlamingh observed black swans in Australia, falsifying the hypothesis that all swans are white. While often used as a cautionary tale for the use of induction, such as with Popper’s falsification principle, I want to explore a slightly different idea: (...) does the existence of fabricated or otherwise failed accounts of Black swans give me a reason to ignore future arguments or doubt their existence? I argue that while faulty or fabricated reports do not give us a logical reason to reject a claim, they can give us a practical one for refusing to consider future arguments. This practical vs logical distinction gives an inductive reason for believing that future arguments will be invalid, but keeps one from being able to necessarily deny the claim in question without further argumentation. (shrink)