Did Plato intend the laws of the Laws to change? While most scholars agree that there is to be legal change in Magnesia, I contend that this issue has been clouded by confusing three distinct questions: (1) whether there are legal mechanisms for changing the law in Magnesia, (2) what the attitudes of Magnesian citizens towards innovation and legal change are, and (3) whether Plato thinks the law is always the ultimate political authority. Once we separate these issues and look (...) at the relevant texts more closely, we see that the Athenian Visitor is primarily concerned with supplementing the original lawgiver’s laws and that any innovation that occurs should be consistent with this lawcode. This does not settle the question about whether it is always right to act in accordance with the existing laws, though it does provide a valuable framework for understanding a central aspect of Platonic political philosophy. Thus, although Plato’s ideal places knowledge above the law, in practice the laws of Magnesia will be fixed and authoritative for those people living under them. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

We offer a general framework for theorizing about the structure of knowledge and belief in terms of the comparative normality of situations compatible with one’s evidence. The guiding idea is that, if a possibility is sufficiently less normal than one’s actual situation, then one can know that that possibility does not obtain. This explains how people can have inductive knowledge that goes beyond what is strictly entailed by their evidence. We motivate the framework by showing how it illuminates knowledge about (...) the future, knowledge of lawful regularities, knowledge about parameters measured using imperfect instruments, the connection between knowledge, belief, and probability, and the dynamics of knowledge and belief in response to new evidence. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment of (...) an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

Consider the sentence “Lois knows that Superman flies, but she doesn’t know that Clark flies”. In this paper we defend a Millian contextualist semantics for propositional attitude ascriptions, according to which ordinary uses of this sentence are true but involve a mid-sentence shift in context. Absent any constraints on the relevant parameters of context sensitivity, such a semantics would be untenable: it would undermine the good standing of systematic theorizing about the propositional attitudes, trivializing many of the central questions of (...) epistemology, the philosophy of mind, and the philosophy of action. In response to this problem, we prove a series of tenability results. We show that, given certain constraints on the parameters of context sensitivity, there is a broad class of principles of propositional attitude psychology whose good standing follows from corresponding claims about people’s mental representations. But these constraints also have some surprising consequences: they are jointly incompatible with coarse-grained theories of propositions, and they are in tension with a natural picture of how speakers and hearers coordinate on the interpretation of attitude ascriptions. In light of these consequences we explore different ways in which the contextualist picture might be developed, and argue that our preferred way compares favorably with Fregeanism and neo-Russellianism. (shrink)

We show that, contrary to conventional wisdom, Frege’s distinction between sense and reference does not reconcile a classical logic of identity with apparent counterexamples to it involving proper names embedded under propositional attitude verbs.

Scholars have wrestled with "consciousness", a major scholar calling it the "hard problem". Some thirty-plus years after the Towards a Science of Consciousness, we do not seem to be any closer to an answer to "What is consciousness?". Seemingly irresolvable metaphysical problems are addressed by bootstrapping, provisional assumptions, not unlike those used by logicians and mathematicians. I bootstrap with the same ontology and epistemology applicable to everything we apprehend. Here, I argue for a version of the unity of opposites, a (...) form of neutral monism. Something exists because of what it is not; nothing can exist by itself, singularities (analogous to monads), expressing the model. Applying this most fundamental law to the consciousness problem, the physical (movement) comes into being simultaneously as the mental (stasis), each displayed by a field that is variegated (ranging from creative to entropic processes). Such is in keeping with how the singularity emerged as our universe, the same form that may account for sub-Planck-scale phenomena. Overall, like the most fundamental law, deep structures are imminent in our universe, both as objects and processes. (shrink)

We argue that knowledge doesn‘t require any of truth, justification, or belief. This is so for four primary reasons. First, each of the three conditions has been subject to convincing counterexamples. In addition, the resultant account explains the value of knowledge, manifests important theoretical virtues (in particular, simplicity), and avoids commitment to skepticism.

Differential privacy (DP) aims to confer data processing systems with inherent privacy guarantees, offering strong protections for personal data. But DP’s approach to privacy carries with it certain assumptions about how mathematical abstractions will be translated into real-world systems, which—if left unexamined and unrealized in practice—could function to shield data collectors from liability and criticism, rather than substantively protect data subjects from privacy harms. This article investigates these assumptions and discusses their implications for using DP to govern data-driven systems. In (...) Parts 1 and 2, we introduce DP as, on one hand, a mathematical framework and, on the other hand, a kind of real-world sociotechnical system, using a hypothetical case study to illustrate how the two can diverge. In Parts 3 and 4, we discuss the way DP frames privacy loss, data processing interventions, and data subject participation, arguing it could exacerbate existing problems in privacy regulation. In part 5, we conclude with a discussion of DP’s potential interactions with the endogeneity of privacy law, and we propose principles for best governing DP systems. In making such assumptions and their consequences explicit, we hope to help DP succeed at realizing its promise for better substantive privacy protections. (shrink)

Most people who defend physician-assisted death (PAD) endorse the Joint View, which holds that two conditions—autonomy and welfare—must be satisfied for PAD to be justified. In this paper, we defend an Autonomy Only view. We argue that the welfare condition is either otiose on the most plausible account of the autonomy condition, or else is implausibly restrictive, particularly once we account for the broad range of reasons patients cite for desiring PAD, such as “tired of life” cases. Moreover, many of (...) the common objections to an Autonomy Only view fail once we understand the extent of the autonomy condition’s requirements—in particular, the importance of one’s values for autonomous choices. If our view is correct, then the scope of permissible PAD is broader than is currently accepted in both the philosophical literature and the law, and therefore poses an important challenge to this widely accepted view on justified PAD. (shrink)

When people now talk about a relationship as being “Platonic”, they mean that the relationship is a non-sexual friendship. But what did Plato himself say about different kinds of relationship, and how did his name come to be associated with non-sexual relationships? While Plato’s Symposium has been the center of attention for his views on love, I argue that the Phaedrus and Laws VIII provide a much clearer account of Plato’s views. In these dialogues, Plato distinguishes between two kinds of (...) love and three kinds of lover. The two kinds of love are fundamentally oriented towards different objects: one kind of love is focused on the body of the beloved and seeks to extract as much bodily pleasure from them as possible, whereas the other kind of love is focused on the soul and seeks to benefit the beloved by improving their character. There is a lover for each kind of love, and a third kind of lover who is torn between these two opposing objects of love. Notably, in the kind of love directed towards the soul, the lovers will not engage in sexual activity. I argue that this is because Plato thinks that the natural function of sex is the procreation of good children and that engaging in such an intensely pleasurable activity risks making the lovers intemperate and lacking in self-control. Thus Plato thinks that the best kind of relationship is one of love (and not just friendship) but is nonetheless non-sexual. (shrink)

This book offers a distinctive treatment of Hayek's ideas as a "research program". It presents a detailed account of aspects of Hayek's intellectual development and of problems that arise within his work, and then offers some broad suggestions as to ways in which the program initiated in his work might be developed further. The book discusses how Popper and Lakatos' ideas about "research programs" might be applied within political theory. There then follows a distinctive presentation of Hayek's intellectual development up (...) to The Road to Serfdom, together with critical engagement with his later ideas. The discussion draws on a full range of his writings, makes use of some neglected earlier work on social theory and law, and also draws on archival material. This book should appeal to anyone with an interest in Hayek's work, as well as to those with a concern for twentieth century intellectual history. (shrink)

In this article, I attempt to provide a complete and exhaustive list of all of the offices and major political roles proposed within the constitution of Magnesia, detailing the title of the office, number of offices, method of appointment, age or gender restrictions, length of term, and explicit responsibilities assigned to that office. This tabulation is intended to be useful for new readers of the Laws and to scholars of various methodological approaches interested in the political arrangements of Magnesia.

In this dissertation, I argue that we should be pluralists about truth and in turn, eliminativists about the property Truth. Traditional deflationists were right to suspect that there is no such property as Truth. Yet there is a plurality of pluralities of properties which enjoy defining features that Truth would have, were it to exist. So although, in this sense, truth is plural, Truth is non-existent. The resulting account of truth is indebted to deflationism as the provenance of the suspicion (...) that Truth doesn't exist. But it would be hasty to simply classify the account as deflationary. Each of the 'truth-like' properties that it recognizes is highly substantive--that is, complex and explanatorily potent. So we should deflate Truth by recognizing that it doesn't exist, but we should also recognize that one of the most vital tasks in truth theory is to discover the essences of the many truth-like properties. My aim here is to do precisely this. (shrink)

Scholars have wrestled with "consciousness", one writer calling it the "hard problem". Some thirty-plus years after the Towards a Science of Consciousness, we do not seem to be any closer to an answer to "What is consciousness?". Seemingly irresolvable metaphysical problems are addressed by bootstrapping, provisional assumptions, not unlike those used by logicians and mathematicians. I bootstrap with the same ontology and epistemology applicable to everything we apprehend. Here, I argue for a version of the unity of opposites, a form (...) of neutral monism. Something exists because of what it is not; nothing can exist by itself, singularities (analogous to monads), expressing the relationship. Applying this most fundamental law to the consciousness problem, the physical (movement) comes into being simultaneously as the mental (stasis), each displayed by a field that is variegated (ranging from creative to entropic processes). Such is in keeping with how the singularity emerged as our universe, the same form that may account for sub-Planck-scale phenomena. Overall, like the most fundamental law, deep structures are imminent in our universe, both as objects and processes. (shrink)

Commentators have often been puzzled by the structure of the Symposium; in particular, it is unclear what the relationship is between Socrates’ speech and that of the other symposiasts. This chapter seeks to make a contribution to that debate by highlighting parallels between the first four speeches of the Symposium and the goals of the early education in the Republic. In both dialogues, I contend, we see Plato concerned with educating people through (a) activating and cultivating spirited motivations, (b) becoming (...) lawful and taking virtue as a goal, (c) harmonizing the opposing forces in their soul, and (d) minimizing the appetites and making them orderly. While these are familiar points from the moral education of the Republic, I argue that they also map onto the first four speeches of the Symposium respectively. Because in the Republic this moral education is necessary to make progress on the epistemic ascent, we can speculate that there is a similar point to be made in the Symposium – without first training our character adequately, we will not be able to climb the ladder of love. While the positive effects of Eros described in the early speeches of the Symposium are only imitations of the ideal education regime of Kallipolis, they nevertheless improve one’s character in such a way that better prepares the soul for philosophy. Finally, I argue that the importance of this moral education is dramatized at the end of the Symposium through Agathon’s amicable refutation by Socrates on the one hand, and the drunken entrance of Alcibiades on the other. Agathon shows potential for philosophy whereas Alcibiades is the exemplar of what happens when somebody comes to philosophy without a harmonized soul. (shrink)

One important strand of Sellars’s attack on classical foundationalism from Empiricism and the Philosophy of Mind is his thesis about the priority of is-talk over looks-talk. This thesis has been criticized extensively in recent years, and classical foundationalism has found several contemporary defenders. I revisit Sellars’s thesis and argue that is-talk is epistemically prior to looks-talk in a way that undermines classical foundationalism. The classical foundationalist claims that epistemic foundations are constituted by the agent’s set of looks-judgments. However, I argue (...) that only a subset of these looks-judgments are even candidates to serve as foundations for the agent’s empirical knowledge, and membership in this subset is determined by the agent’s theory of how the world is. Thus, the epistemic force of the looks-judgments in this subset is dependent on the agent’s theory of how the world is. This means that these looks-judgments aren’t foundational at all, as the agent’s theory of how the world is is epistemically is prior to the epistemic status of these looks-judgments. This is the sense in which judgments about how the world is are epistemically prior to judgments about how things look. This conclusion allows concrete elaboration of another of Sellars’s well-know claims: “I do wish to insist that the metaphor of ‘foundation’ is misleading in that it keeps us from seeing that if there is a logical dimension in which other empirical propositions rest on observation reports, there is another logical dimension in which the latter rest on the former”. (shrink)

This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...) the use of force and because law ideally reflects the values of a democratic society, seeking to slant the law to serve a client’s narrow interests cannot provide an adequate ethical end for a lobbyist. On the contrary, a lobbyist has an affirmative moral duty to seek reasonably balanced and just laws. The article examines, refines, and defends this proposition in a number of settings. (shrink)

Commentators have often been puzzled by the structure of the _Symposium_; in particular, it is unclear what the relationship is between Socrates’ speech and that of the other symposiasts. This chapter seeks to make a contribution to that debate by highlighting parallels between the first four speeches of the _Symposium_ and the goals of the early education in the Republic. In both dialogues, I contend, we see Plato concerned with educating people through (a) activating and cultivating spirited motivations, (b) becoming (...) lawful and taking virtue as a goal, (c) harmonizing the opposing forces in their soul, and (d) minimizing the appetites and making them orderly. While these are familiar points from the moral education of the Republic, I argue that they also map onto the first four speeches of the _Symposium_ respectively. Because in the _Republic_ this moral education is necessary to make progress on the epistemic ascent, we can speculate that there is a similar point to be made in the _Symposium_ – without first training our character adequately, we will not be able to climb the ladder of love. While the positive effects of Eros described in the early speeches of the _Symposium_ are only imitations of the ideal education regime of Kallipolis, they nevertheless improve one’s character in such a way that better prepares the soul for philosophy. Finally, I argue that the importance of this moral education is dramatized at the end of the _Symposium_ through Agathon’s amicable refutation by Socrates on the one hand, and the drunken entrance of Alcibiades on the other. Agathon shows potential for philosophy whereas Alcibiades is the exemplar of what happens when somebody comes to philosophy without a harmonized soul. (shrink)

Slurring is a kind of hate speech that has various effects. Notable among these is variable offence. Slurs vary in offence across words, uses, and the reactions of audience members. Patterns of offence aren’t adequately explained by current theories. We propose an explanation based on the unjust power imbalance that a slur seeks to achieve. Our starting observation is that in discourse participants take on discourse roles. These are typically inherited from social roles, but only exist during a discourse. A (...) slurring act is a speech-act that alters the discourse roles of the target and speaker. By assigning discourse roles the speaker unjustly changes the power balance in the dialogue. This has a variety of effects on the target and audience. We show how these notions explain all three types of offence variation. We also briefly sketch how a role and power theory can help explain silencing and appropriation. Explanatory power lies in the fact that offence is correlated with the perceived unjustness of the power imbalance created. (shrink)

In order to graduate, Florida's high school students by law must learn that Communism is evil, dangerous, and fallacious. All students must learn that the U.S. produces the highest standard of living and more freedom than any other economic system on earth. State universities in Florida are creating a curriculum to implement the Americanism versus Communism Act of 1961 and the Free Enterprise and Consumer Education Act of 1975. ;The Florida Department of Education says that ideology, noncritical thinking, is superior (...) to critical thinking and that the superiority of the U.S. political economy and the dignity of the individual rest in part on peoples' being able to express themselves freely. ;Florida's A.V.C. and F.E.C.E.A. proponents have a special way of convincing audiences that they will develop loyalty while at the same time imposing a set of ideas not open to question. ;This work argues that, intentionally or not, Florida's legislature and Department of Education have set up an official ideology and the mechanism to purvey it. This ideological approach defeats the aim of comparing systems objectively. While the stated aim is to promote critical thinking, the D.O.E.'s special philosophy underscoring words like "democracy" results in indoctrinating students with a questionable description of the U.S. system. (shrink)

The deductive nomological (DN) model has been the basis for discussions about scientific explanations for decades. The overcoming of the logical empiricist program together with the raise of several counter-examples to the DN model have progressively led to a renewal of the reflections on this topic. The first step of this paper is to clarify the framework in which the epistemological question of scientific explanation is adressed. We make a proposal for a universal structure of scientific models, which constitute the (...) basic epistemic unit of our analysis. It is then possible, within this framework, to clarify some discussions about scientific explanation, and to offer a new account of it. The latter tries to benefit from the advantages of the DN model, as resting on a law, together with neutralizing some of its typical criticisms. The work presented here is both abstract, exhibiting formal structures as general patterns of explanation, and concrete with real examples taken from actual scientific disciplines. (shrink)

Neo-Fregean logicists claim that Hume’s Principle (HP) may be taken as an implicit definition of cardinal number, true simply by fiat. A long-standing problem for neo-Fregean logicism is that HP is not deductively conservative over pure axiomatic second-order logic. This seems to preclude HP from being true by fiat. In this paper, we study Richard Kimberly Heck’s Two-Sorted Frege Arithmetic (2FA), a variation on HP which has been thought to be deductively conservative over second-order logic. We show that it isn’t. (...) In fact, 2FA is not conservative over n-th order logic, for all $n \geq 2$. It follows that in the usual one-sorted setting, HP is not deductively Field-conservative over second- or higher-order logic. (shrink)

Recent research shows – somewhat astonishingly – that people are willing to ascribe moral blame to AI-driven systems when they cause harm [1]–[4]. In this paper, we explore the moral- psychological underpinnings of these findings. Our hypothesis was that the reason why people ascribe moral blame to AI systems is that they consider them capable of entertaining inculpating mental states (what is called mens rea in the law). To explore this hypothesis, we created a scenario in which an AI system (...) runs a risk of poisoning people by using a novel type of fertilizer. Manipulating the computational (or quasi-cognitive) abilities of the AI system in a between-subjects design, we tested whether people’s willingness to ascribe knowledge of a substantial risk of harm (i.e., recklessness) and blame to the AI system. Furthermore, we investigated whether the ascription of recklessness and blame to the AI system would influence the perceived blameworthiness of the system’s user (or owner). In an experiment with 347 participants, we found (i) that people are willing to ascribe blame to AI systems in contexts of recklessness, (ii) that blame ascriptions depend strongly on the willingness to attribute recklessness and (iii) that the latter, in turn, depends on the perceived “cognitive” capacities of the system. Furthermore, our results suggest (iv) that the higher the computational sophistication of the AI system, the more blame is shifted from the human user to the AI system. (shrink)

This paper aims to show that many criticisms of McDowell’s naturalism of second nature are based on what I call ‘the orthodox interpretation’ of McDowell’s naturalism. The orthodox interpretation is, however, a misinterpretation, which results from the fact that the phrase ‘the space of reasons’ is used equivocally by McDowell in Mind and World. Failing to distinguish two senses of ‘the space of reasons’, I argue that the orthodox interpretation renders McDowell’s naturalism inconsistent with McDowell’s Hegelian thesis that the conceptual (...) is unbounded. My interpretation saves McDowell from being inconsistent. However, the upshot of my interpretation is that what is really at work in McDowell’s diagnosis of the dualism between nature and reason is the Hegelian thesis, not the naturalism of second nature. (shrink)

People have been arguing about natural law for at least a couple of thousand years now. During that time, a number of substantially different sorts of theory have been identified as falling within the natural law tradition. Even within each sort of natural law theory, there has been a variety of quite different arguments proposed, both in behalf of and in opposition to the theory. These facts about the natural law tradition serve to confound its critics. It's extremely tough to (...) get a tidy formulation of just what natural law theory is, and such a formulation is needed if the theory is to be analyzed as to its adequacy, truth, value, or whatever. I am going to try to perform such an analysis nonetheless, and to do it as neatly as possible within a fairly short space. (shrink)

Denis Diderot’s natural philosophy is deeply and centrally ‘biologistic’: as it emerges between the 1740s and 1780s, thus right before the appearance of the term ‘biology’ as a way of designating a unified science of life (McLaughlin), his project is motivated by the desire both to understand the laws governing organic beings and to emphasize, more ‘philosophically’, the uniqueness of organic beings within the physical world as a whole. This is apparent both in the metaphysics of vital matter he puts (...) forth in works such as D’Alembert’s Dream (1769) and the more empirical concern with the mechanics of life in his manuscript Elements of Physiology, on which he worked during the last twenty years of his life. This ‘biologism’ obviously presents the interpreter of Diderot with some difficulties, notably as regards his materialism, given that contemporary forms of materialism have on the contrary strongly rejected notions of emergence, vitalism, teleology and any concepts appealing to unique, irreducible features of organisms. In response, some have described him as a ‘holist’ (Kaitaro) while others have emphasized his materialist, naturalist project (Bourdin, Wolfe). In what follows I examine a little-known aspect of Diderot’s articulation of his biological project: his statement in favour of epigenesis within the short but suggestive Encyclopédie article “Spinosiste.” Diderot was, of course, a partisan of epigenesis (the developmental-biological theory opposed to preformation, according to which beings develop by successive adjunction of layers of matter), but why include a statement in favour of a particular biological (or developmental) theory within an entry dealing with a philosopher, Spinoza, who does not seem to have been concerned at all with the specific properties of living beings, how they grow from embryonic to developed states, and so on? By trying to answer this question I also try and locate Diderot’s biological project in relation to what will become, in the years after his death, the project for a science called ‘biology’, with figures such as Treviranus and Lamarck. For it is not clear that the two can be easily correlated or causally linked: Diderot’s ‘epigenetic Spinozism’ is a different conceptual entity from what we find in histories of biology. (shrink)

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine (...) rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)

From the school yard to the workplace, there’s no charge more damning than “you’re being unfair!” Born out of democracy and raised in open markets, fairness has become our de facto modern creed. The very symbol of American ethics—Lady Justice—wears a blindfold as she weighs the law on her impartial scale. In our zealous pursuit of fairness, we have banished our urges to like one person more than another, one thing over another, hiding them away as dirty secrets of our (...) humanity. In Against Fairness, polymath philosopher Stephen T. Asma drags them triumphantly back into the light. Through playful, witty, but always serious arguments and examples, he vindicates our unspoken and undeniable instinct to favor, making the case that we would all be better off if we showed our unfair tendencies a little more kindness—indeed, if we favored favoritism. Conscious of the egalitarian feathers his argument is sure to ruffle, Asma makes his point by synthesizing a startling array of scientific findings, historical philosophies, cultural practices, analytic arguments, and a variety of personal and literary narratives to give a remarkably nuanced and thorough understanding of how fairness and favoritism fit within our moral architecture. Examining everything from the survival-enhancing biochemistry that makes our mothers love us to the motivating properties of our “affective community,” he not only shows how we favor but the reasons we should. Drawing on thinkers from Confucius to Tocqueville to Nietzsche, he reveals how we have confused fairness with more noble traits, like compassion and open-mindedness. He dismantles a number of seemingly egalitarian pursuits, from classwide Valentine’s Day cards to civil rights, to reveal the envy that lies at their hearts, going on to prove that we can still be kind to strangers, have no prejudice, and fight for equal opportunity at the same time we reserve the best of what we can offer for those dearest to us. Fed up with the blue-ribbons-for-all absurdity of "fairness" today, and wary of the psychological paralysis it creates, Asma resets our moral compass with favoritism as its lodestar, providing a strikingly new and remarkably positive way to think through all our actions, big and small. (shrink)

I try in this essay to accomplish two things. First I offer some first thoughts toward a clarification of the ethical foundations of private property rights that avoids pitfalls common to more strictly Lockean theories, and is thus better prepared to address arguments posed by critics of standard private property arrangements. Second, I'll address one critical argument that has become pretty common over the years. While versions of the argument can be traced back at least to Pierre Joseph Proudhon, I'll (...) focus on a formulation given it by Jeremy Waldron. The basic idea is that the only sound arguments for private property rights lead to the conclusion that society has an obligation to insure that every citizen possess private property. In Waldron's formulation, what is justifiable is a general, rather than a special, right to private property. I shall try to suggest that this conclusion is unwarranted. (shrink)

Some time ago, Joel Katzav and Brian Ellis debated the compatibility of dispositional essentialism with the principle of least action. Surprisingly, very little has been said on the matter since, even by the most naturalistically inclined metaphysicians. Here, we revisit the Katzav–Ellis arguments of 2004–05. We outline the two problems for the dispositionalist identified Katzav in his 2004 , and claim they are not as problematic for the dispositional essentialist at it first seems – but not for the reasons espoused (...) by Ellis. (shrink)

Newton’s impact on Enlightenment natural philosophy has been studied at great length, in its experimental, methodological and ideological ramifications. One aspect that has received fairly little attention is the role Newtonian “analogies” played in the formulation of new conceptual schemes in physiology, medicine, and life science as a whole. So-called ‘medical Newtonians’ like Pitcairne and Keill have been studied; but they were engaged in a more literal project of directly transposing, or seeking to transpose, Newtonian laws into quantitative models of (...) the body. I am interested here in something different: neither the metaphysical reading of Newton, nor direct empirical transpositions, but rather, a more heuristic, empiricist construction of Newtonian analogies. Figures such as Haller, Barthez, and Blumenbach constructed analogies between the method of celestial mechanics and the method of physiology. In celestial mechanics, they held, an unknown entity such as gravity is posited and used to mathematically link sets of determinate physical phenomena (e.g., the phases of the moon and tides). This process allows one to remain agnostic about the ontological status of the unknown entity, as long as the two linked sets of phenomena are represented adequately. Haller et. al. held that the Newtonian physician and physiologist can similarly posit an unknown called ‘life’ and use it to link various other phenomena, from digestion to sensation and the functioning of the glands. These phenomena consequently appear as interconnected, goal-oriented processes which do not exist either in an inanimate mechanism or in a corpse. In keeping with the empiricist roots of the analogy, however, no ontological claims are made about the nature of this vital principle, and no attempts are made to directly causally connect such a principle and observable phenomena. The role of the “Newtonian analogy” thus brings together diverse schools of thought, and cuts across a surprising variety of programs, models and practices in natural philosophy. (shrink)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of particular (...) justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

This essay investigates the tensions between traditional music and its modern codification as intellectual property. It will begin by considering the myths concerning the divine source of music. In traditional music and in folk music, music is closely connected to religious ritual. In these rituals the source of the music is recognized and attributed to certain deities. For instance, in Thai traditional music, the Wai Khru ceremony venerates the Duriyathep or devatas drawn from Indian mythology: Phra Visawakarm, Phra Panjasinghkorn, and (...) Phra Parakhonthap (Narot). Much of modern and contemporary music has long been disengaged from ritual and its traditional forms of transmission. Especially since the nineteenth century with the growth of popularity of music printing, it has been subject to copyright law. With these restrictions in transmission, the more fluid routes of transmission have become broken and the ritualistic and religious identifications have been transferred to the cult of performers, to legal codification, to the control of corporations, and the construction of new mythologies through marketing. This essay will use Walter Benjamin’s reflections on the loss of “aura” in the reproduced work of art to try to understand the consequences of this transition in the function of music. And it will consider the situation in Thailand where traditional music and mythology stands side by side with marketed music, and traditional performance stands side by side with commercial performance. It will demonstrate that these conflicts cannot be resolved. But it is precisely in the appreciation and preservation of these conflicts, that traditional culture can itself be recognized and preserved. (shrink)

Philosophy has a dirty little secret and it is this: a whole lot of philosophers have swallowed the mechanistic billiard ball deterministic view of human action—presumably because philosophy assumes that science demands it, and/or because modern attempts to articulate in what free will consists seem incoherent. This below-the-surface-purely-academic commitment to mechanistic determinism is a dirty little secret because an honest public commitment would render virtually all that is taught in philosophy departments incomprehensible. Can “lovers of wisdom” really continue to tolerate (...) such a heavy burden of hypocrisy? For it is maximally hypocritical, is it not, to teach ethics, or existentialism, or political philosophy, or critical thinking, or indeed to teach anything at all if one views the bodies of humans as entities determined by forces that are describable entirely under the auspices of physical/chemical laws. The only option, it would seem, to avoid such hypocrisy is to go out of business. After all, either base metal can be turned into gold, or it cannot. We found out long ago that it cannot, and so alchemy was rightly banished into the dustbin of history. Likewise, either philosophy can enhance the wisdom quotient of its disciples as its name implies, and thus override billiard ball mechanics, or it cannot. And if it cannot, it deserves to follow alchemy to an ignominious end. (shrink)

We argue that the asymmetry between diverging and converging electromagnetic waves is just one of many asymmetries in observed phenomena that can be explained by a past hypothesis and statistical postulate (together assigning probabilities to different states of matter and field in the early universe). The arrow of electromagnetic radiation is thus absorbed into a broader account of temporal asymmetries in nature. We give an accessible introduction to the problem of explaining the arrow of radiation and compare our preferred strategy (...) for explaining the arrow to three alternatives: (i) modifying the laws of electromagnetism by adding a radiation condition requiring that electromagnetic fields always be attributable to past sources, (ii) removing electromagnetic fields and having particles interact directly with one another through retarded action-at-a-distance, (iii) adopting the Wheeler-Feynman approach and having particles interact directly through half-retarded half-advanced action-at-a-distance. In addition to the asymmetry between diverging and converging waves, we also consider the related asymmetry of radiation reaction. (shrink)

Locke and Leibniz deny that there are any such beings as ‘monsters’ (anomalies, natural curiosities, wonders, and marvels), for two very different reasons. For Locke, monsters are not ‘natural kinds’: the word ‘monster’ does not individuate any specific class of beings ‘out there’ in the natural world. Monsters depend on our subjective viewpoint. For Leibniz, there are no monsters because we are all parts of the Great Chain of Being. Everything that happens, happens for a reason, including a monstrous birth. (...) But what about materialism? Well, beginning with the anatomical interest into ‘monstrous births’ in the French Académie des Sciences in the first three decades of the eighteenth century, there is a shift away from ‘imaginationist’ claims such as those of Malebranche, that if a woman gives birth to a monstrous child it is a consequence of something she imagined. Anatomists such as Lemery and Winslow try to formulate a strictly mechanical explanation for such events, rejecting moral and metaphysical explanations. Picking up on this work, materialist thinkers like Diderot are compelled to reject the very idea of monsters. We are all material beings produced according to the same mechanisms or laws, some of us are more ‘successful’ products than others, i.e. some live longer than others. In his late Eléments de physiologie he says “L’homme est un effet commun, le monstre un effet rare.” Ultimately he arrives at a materialist version of Leibniz’s position: there are no monsters, we are all monsters in each other’s eyes, at one time or another. This conclusion is a pregnant one in light of twentieth century interest in the problem of ‘the normal and the pathological’ (Canguilhem), and the broader question of how materialism relates to the biological world. (shrink)

From Hegel to Engels, Sartre and Ruyer (Ruyer, 1933), to name only a few, materialism is viewed as a necropolis, or the metaphysics befitting such an abode; many speak of matter’s crudeness, bruteness, coldness or stupidity. Science or scientism, on this view, reduces the living world to ‘dead matter’, ‘brutish’, ‘mechanical, lifeless matter’, thereby also stripping it of its freedom (Crocker, 1959). Materialism is often wrongly presented as ‘mechanistic materialism’ – with ‘Death of Nature’ echoes of de-humanization and hostility to (...) the Scientific Revolution (which knew nothing of materialism!), also a powerful Christian theme in Cudworth, Clarke and beyond (Overhoff, 2000). Here I challenge this view, building on some aspects of Israel’s Radical Enlightenment concept (Israel, 2001), which has been controversial but for my purposes is a useful claim about the dissemination of a home-grown Spinozism, sometimes reformulated as an ontology of the life sciences, an aspect Israel does not address (compare Secrétan et al., eds., 2007; Citton, 2006). First, I examine some ‘moments’ of radical Enlightenment materialism such as La Mettrie and Diderot (including his Encyclopédie entry “Spinosiste”), but also anonymous, clandestine texts such as L’Âme Matérielle, to emphasize their distinctive focus on the specific existence of organic beings. Second, I show how this ‘embodied’, non-mechanistic character of Enlightenment ‘vital materialism’ makes it different from other episodes, and perhaps more of an ethics than is usually thought (also via the figure of the materialist as ‘laughing philosopher’). Third, I reflect on what this implies for our image of the Enlightenment – no longer a Frankfurt School and/or Foucaldian vision of ‘discipline’, regimentation and order (as in Mayr, 1986) – but ‘vital’, without, conversely, being a kind of holist vitalism “at odds with the universalizing discourse of Encyclopedist materialism, with its insistence on the uniformity of nature and the universality of physical laws” (Williams, 2003): vital materialism is still materialism. Its ethics tends towards hedonism, but its most radical proponents (Diderot, La Mettrie and later Sade) disagree as to what this means. (shrink)

There is an unacknowledged disagreement on what kind of dialogue best supports democracy. Many view democracy as analogous to a law court and so view “democratic dialogue” as a contest between competing advocates who have acquired the kind of “steel trap” critical thinking skills that are ideal for winning in the external marketplace of ideas. Others assume that the propensity to seriously reflect on opposing viewpoints within the minds of individuals is ideal for democratic maintenance. It will be argued here (...) that our love affair with “critical thinking” that tends to support an external battle of ideas harms democracy. It will be argued that the complexity of our common humanity, the complexity of our form of governance, the complexity of the approaches needed to face wicked problems, and the complexity of the internal engine of personal development requires that we learn to readily engage in open truth-seeking dialogue with those who hold opposing viewpoints and in so doing, enhance the dimensionality through which we view the world. With regard to the educational implications, this suggests that, since engaging in dialogue across difference is the essence of the pedagogical framework that anchors Philosophy for Children, Philosophy for Children ought to be embraced as an essential component of any educational enterprise that views cultivating democratic citizenship as part of its mandate. (shrink)

In this article, I discuss Petrus van Musschenbroek's research on the strength of materials in relation to his methodological views. In the latter, van Musschenbroek emphasizes the importance of repeating and varying experiments. This is related to his views on the complexity of nature, which play a role in his views onmathematics, laws of nature, causes, and experimental method. In each case, the construction of an (experimental) history is presented as a first step in experimental philosophy, necessary to deal with (...) the complexity of nature. The experimental research on the strength ofmaterials can likewise be seen as aimed at the construction of an (experimental) history. His experimental practice takes the form of a systematic variation of parameters and the performance of an extensive series of experiments on different kinds of substances. In his experimental reports, van Musschenbroek repeatedly points to the utility of his experimental results. This utilitarian attitude is typical for the experimental history literature as discussed by Klein. Van Musschenbroek himself also presents his work as an experimental history. However, unlike the examples discussed by Klein, van Musschenbroek's experimental history is characterized by a systematic experimental method. I argue that this method can be seen as an example of exploratory experimentation in Steinle's sense. Finally, I suggest that with its emphasis on the nature and properties of specific materials, it could be fruitful to read van Musschenbroek's experimental history in light of the emergence of engineering as a discipline in the eighteenth century. (shrink)

This study aimed to identify the extent of the application of Cyber Security at the Ministry of Interior and National Security from the point of view of workers in the computer and information technology units. 70 employees, and the study tool (questionnaire) was distributed, and the comprehensive survey method was used, as (61) questionnaires were retrieved at a rate of (87.1%), and they were unloaded and analyzed using the SPSS statistical package. The study reached several results, including: There was a (...) high degree of agreement on the degree of Cyber Security application, which amounted to (74.8%). With a relative weight of (74.8%), and The Dimension efforts to monitor threats, it received a high degree of approval and a relative weight of (73.4%). Privacy has a high degree of approval with a relative weight of (78.4%).The study presented a set of recommendations, the most important of which are: the need to pay attention to providing the Ministry of Interior and National Security with a budget in order to activate and improve the Cyber Security system, and the need for the Ministry of Interior and National Security to use a protection network capable of detecting all threats, and the cooperation of the Ministry of Interior and National Security with external institutions to limit penetration of network systems, In addition to the need to continuously strengthen and develop the laws and legislations of the Ministry of Interior in line with the development of Cyber Security, and to enhance the capabilities of the public beneficiaries of the ministry's electronic services to reduce security gaps in the field of Cyber Security. (shrink)

Waldron argues that recent treatments of justice have neglected reasonable disagreement about justice itself. So Waldron offers a procedural account of democratic legitimacy, in which contending views of justice can be brought together to arrive at a decision without deciding which one is correct. However, if there is reasonable disagreement about everything, then this includes his preferred account of legitimacy. On the other hand, it is not clear that Waldron is right to count so much disagreement as reasonable. But then (...) Waldron has not undermined the view he opposes in which some prevailing disagreement about justice is held to be unreasonable. (shrink)

Analyzing three key cases that arose in 1993, I argue that the practice of sending in "testers" -- persons posing as job applicants -- to ferret out workplace discrimination is easier to defend from an ethical standpoint in an agency's investigation stems from an actual complaint. By contrast, defendants may rightfully challenge the legitimacy of the procedures used for "test" subjects when an investigation is based solely on the general goals of an antidiscrimination agency.

The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...) need for change. (shrink)