This is the first Italian translation of Bentham’s “Deontology”. The translation goes with a rather extended apparatus meant to provide the reader with some information on Bentham’s ethical theory's own context. Some room is made for so-called forerunners of Utilitarianism, from the consequentialist-voluntarist theology of Leibniz, Malebranche, John Gay, Thomas Brown and William Paley to Locke and Hartley's incompatible associationist theories. After the theoretical context, also the real-world context is documented, from Bentham’s campaigns against the oppression of (...) women and cruelty to animals to his projects of political reform. Another section illustrates the ideas of Bentham's followers as well as the objections raised by nineteenth- and twentieth-century critics of utilitarianism. -/- Table of contents I. BEFORE THE TEXT 1. Bentham’s legacy 2. Bentham the Reformer 3. Bentham and the enlightenment project of a reformed morality 4. The principle of utility 5. Deontology or private morality 6. Utilitarianism as «eudemonologism» -/- II. TEXT Deontology I. Deontology: theoretical II. Deontology: practical III. -/- III. CO-TEXT 1. Biography 2. The reform of legislation 3. The Philosophic Radicals between the French revolution and the Industrial revolution -/- IV. CONTEXT 1. Forerunners of Utilitarianism 2. Psychological associationism 3. The oppression of women 4. Cruelty against animals 5. Parsimony and industry in Hogarth’s prints 6. Followers 6.1. John Stuart Mill 6.2. Henry Sidgwick 7. Critics 7.1. Romantic, conservative, and Christian critics 7.2. Socialist critics 8. Consequences: neo-utilitarianism 9. Consequences: critics of utilitarianism 9.1. Deontological critics 9.2. Perfectionists critics 9.3. Sceptical critics 10. Bentham’s legacy for contemporary ethics, by Bikhu Parekh Bibliography Lexicon Index of names and concepts -/- READER'S GUIDE . (shrink)

The main thesis of this article is that Newman’s famous Idea of a University cannot be fully appreciated without the background of the educational programmes popularized in the first half of the 19th century, which have their matrix in the utilitarian philosophy of Jeremy Bentham. The comparison of these two thinkers shows that Newman built his system of education and arrived at its basic principles precisely by refuting the principles of utilitarianism and liberalism of his time. From this (...) perspective, his work on education no longer remains a quiet prose, but can be seen as a moral and cultural struggle over fundamental values. (shrink)

Einer der traditionell gegen den Utilitarismus erhobenen Vorwürfe besagt, Utilitarismus sei mit der Konzeption unveräußerlicher Individualrechte unvereinbar, er könne die Menschenrechte entweder nicht begründen oder schlösse deren Gebotensein schlicht aus. Der Berechtigung dieser Behauptung wird zuerst bei den klassischen Utilitaristen Jeremy Bentham und John Stuart Mill nachgegangen. Der Einwand von Bernhard Williams gegen den Utilitarismus, er würdige den Wert von Integrität der Persönlichkeit nicht, wird anhand seines von ihm selbst gebotenen Beispiels erwogen. Unter den nicht-klassischen Utilitarismen wird die (...) Theorie von Rainer W. Trapp auf ihre Vereinbarkeit mit unveräußerlichen Rechten geprüft. Das Resümee ist uneindeutig: Nicht alle Utilitarismen schließen die Rechtsinhalte unveräußerlicher Individualrechte aus. Nicht alle der uns heute bekannten und als unveräußerlich postulierten Individualrechte lassen sich inhaltlich utilitaristisch begründen. Im Paralipomenon wird das Verhältnis der utilitaristischen Methode zu moralischen Intuitionen überdacht und ein weiterer Einwand Bernard Williams gegen den Utilitarismus geprüft: Ist der Utilitarismus konformistisch? Ein Plädoyer für einen freiheitlichen Utilitarismus in der Tradition Mills bildet den Abschluss. -/- 1. Klassischer Utilitarismus und unveräußerliche Individualrechte / 1.1. Jeremy Bentham (1748–1832): Utilitarismus im Sicherheitsinteresse der Gemeinschaft / 1.2. John Stuart Mill (1806–1873): Utilitarismus der Freiheit als Lebenskunst der Individuen / 2. Zu Bernard Williams` Utilitarismus-Kritik: Integrität oder „Hier steh` ich und ich kann nicht anders!“ / 2.1. Das Jim-Pedro-Beispiel / 2.2. Negative Verantwortlichkeit: „Verhindere das größere Übel!“ / 3. Nicht-klassischer Utilitarismus und unveräusserliche Individualrechte / 3.1. Rainer W. Trapp: Gerechtigkeitsutilitarismus / 3.2. Utilitaristen und deontologische Rigoristen / 4. Resümee: Utilitarismus und unveräusserliche Individualrechte - 5. Paralipomenon: Plädoyer für Utilitarismus als Lebenskunst / 5.1. Ist der Utilitarismus konformistisch? / 5.2. Utilitarismus im Sinne John Stuart Mills als freiheitliche Lebenskunst, als „Art of Life“. (shrink)

John Stuart Mill and Jeremy Bentham are often said to have held opposed views concerning the way “the value” of different pleasures should be estimated. Mill is accused of being an inconsistent utilitarian because he thought that, when comparing the value of two pleasures, we should not forget to take their “quality” into account. Bentham, on the other hand, is said to have believed that we should take “only quantity” into consideration. By verifying what they actually wrote, (...) and reflecting on what they meant by words like “value”, “quantity”, and “quality”, we find that these allegations are largely imaginary and that the difference between Mill and Bentham on this question has (at least) been exaggerated. Bentham, for example, did not write that "quantity of pleasure being equal, pushpin is as good as poetry", as is so often reported. In his Principles of Morals and Legislation he clearly tells us why he rejects the inaccurate word “quantity”, when speaking of “the value of (a lot of) pain or pleasure”, and he explicitly introduces “quality” – both the word and the concept – in his analysis of rewards and punishments. These clarifications allow us to sort-out a few other confusions concerning utilitarianism. We explain, for example, why authors like Amartya Sen and Michael Sandel are mistaken in believing that rights and freedoms have “no intrinsic value” (only instrumental value) in utilitarian ethics. (shrink)

This paper (i) offers an interpretation of some central aspects of Jeremy Bentham’s philosophy of language, (ii) challenges the received view of its relation to analytic philosophy, and (iii) seeks to show that this investigation into the prehistory of analytic philosophy sheds light on its history proper. It has been often maintained, most notably by Quine, that Bentham anticipated Frege’s context principle and the use of contextual definition. On these bases, Bentham has been presented as one (...) of the initiators of a tradition that shares a common commitment to the “semantic priority of sentences” and that includes authors as otherwise diverse as Frege, Russell, and Wittgenstein. In opposition to this narrative, I argue that Bentham did indeed anticipate the use of contextual definition, but was not a forerunner of Frege’s context principle. The two issues should be sharply distinguished. I show that Bentham’s philosophy of language is informed by a set of empiricist assumptions that Frege’s contextualism was centrally meant to oppose. I conclude that with respect to the question of the relation between propositional and sub-propositional meaning, we should distinguish two opposed strands in the history of analytic philosophy: an empiricist strand anticipated by Bentham, represented most notably by Russell, and an anti-empiricist strand, represented most notably by Frege and Wittgenstein. (shrink)

In the modern period, the most original and influential theories about law and politics were developed in connection with a set of far-reaching, interrelated questions about the definition of law, the purpose of law, the relationship between law and morality, and the existence of natural law and natural rights. In this entry I summarize the contributions of Charles-Louis de Secondat, Baron de La Brède et de Montesquieu; William Blackstone; Jeremy Bentham; and Immanuel Kant as exemplars of the history (...) of modern thought on law and politics. (shrink)

Élie HALÉVY (1870-1937), philosophe et historien des idées, fut professeur à l'École libre des sciences politiques, l'ancêtre de l'actuel Sciences Po. Comme son autre grand ouvrage, l'Histoire du peuple anglais au XIXe siècle, paru en six tomes de 1913 à 1932, les trois tomes de La formation du radicalisme philosophique, parus en 1901 pour les deux premiers et en 1904 pour le troisième, reflètent pour partie ses enseignements de l'Ecole libre consacrés à l'histoire britannique. Le premier tome, La jeunesse de (...) Bentham 1776-1789, étudie la doctrine utilitariste non seulement chez celui qu'on regarde comme son fondateur principal, Jeremy Bentham, mais aussi chez les nombreux auteurs qui, en Grande-Bretagne et sur le continent, en dessinèrent avant lui les contours. Le deuxième tome, L’évolution de la doctrine utilitaire de 1789 à 1815, montre comment l'utilitarisme revêtit la forme non seulement d'une école de pensée, mais aussi d'un mouvement pour la réforme économique, sociale et politique. Le rôle coordonnateur nouveau de James Mill, ainsi qu'une convergence de vues avec les économistes, qui poussaient dans le sens des réformes, marquèrent notamment cette évolution. Le troisième tome, Le radicalisme philosophique, continue d'étudier la transformation de l'école en mouvement après la fin des guerres napoléoniennes, lorsque celle-ci commence à engranger ses premiers grands succès réformistes. Bentham, James Mill et les autres penseurs utilitaires sont alors réunis sous l'appellation de philosophic radicals. Le terme temporel de l'ouvrage est le Reform Act de 1832, première étape vers la modernisation du système électoral, que la propagande de ce groupe ne contribua pas peu à faire aboutir. Quoique l'ouvrage d'Halévy vaille en premier lieu par l'immense savoir qu'il déploie, et le nombre et l'excellence des citations qu'il propose, il comporte aussi des thèses historiques et philosophiques originales. On peut citer parmi les premières la thèse, qui relie les trois tomes, voulant que l'utilitarisme britannique trouve sa forme achevée dans l'intervention sur la société, lorsqu'il se mue en radicalisme philosophique, et parmi les secondes, la thèse, énoncée au début du premier tome, voulant qu'il existe trois modèles dominants de jonction des intérêts individuels (la fusion sympathique, l'identification naturelle et l'identification artificielle). Une autre grande thèse, à la fois historique et philosophique, affirme en substance que l'économie politique classique serait un département spécialisé de la pensée utilitaire. La question de savoir jusqu'à quel point Smith, Ricardo et Malthus ont pu adhérer au "principe d'utilité" de Bentham est toujours débattue. En même temps que les élucidations apportées à ce principe, elle contribue à expliquer l'intérêt que les historiens de la pensée économique continuent de porter à l'ouvrage. L'auteur a participé à la réédition de La formation du radicalisme philosophique en 1995 par les Presses Universitaires de France (P.U.F.), suivant un projet collectif lancé par Monique Canto-Sperber. Dans le présent article, antérieur à cette réédition, l'auteur tentait de résumer brièvement un livre qui demeure irremplaçable en dépit d'une conception et d'un style quelque peu datés. (shrink)

When do several objects compose a further object? The last twenty years have seen a great deal of discussion of this question. According to the most popular view on the market, there is a physical object composed of your brain and Jeremy Bentham’s body. According to the second-most popular view on the market, there are no such objects as human brains or human bodies, and there are also no atoms, rocks, tables, or stars. And according to the third-ranked (...) view, there are human bodies, but still no brains, atoms, rocks, tables, or stars. Although it’s pleasant to have so many crazy-sounding views around, I think it would also be nice to have a commonsense option available. The aim of this paper is to offer such an option. The approach I offer begins by considering a mereological question other than the standard one that has been the focus of most discussions in the literature. I try to show that the road to mereological sanity begins with giving the most straightforward and commonsensical answer to this other question, and then extending that answer to further questions about the mereology of physical objects. On the approach I am recommending, it turns out that all of the mereological properties and relations of physical objects are determined by their spatial properties and relations. (shrink)

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of (...) juror bias, admitting universal admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

According to Act Consequentialism, an act is right if and only if its outcome is not worse than the outcome of any alternative to that act. This view, however, leads to deontic paradoxes if the alternatives to an act are all other acts that can be done in the situation. A typical response is to only apply this rightness criterion to maximally specific acts and to take the alternatives to a maximally specific act to be the other maximally specific acts (...) that can be done in the situation. (This view can then be supplanted by a separate account for the rightness of acts that are not maximally specific.) This paper defends a rival view, Binary Act Consequentialism, where, for any voluntary act, that act is right if and only if its outcome is not worse than the outcome of not doing that act. Binary Act Consequentialism, which dates back to Jeremy Bentham, has few supporters. A number of seemingly powerful objections have been considered fatal. In this paper, I rebut these objections and put forward a positive argument for the view. (shrink)

The parceling of land into real estate is more than a simple geometrical affair. Real estate is a historical product of interaction between human beings, political, legal and economic institutions, and the physical environment. And while many authors, from Jeremy Bentham to Hernando de Soto, have drawn attention to the ontological (metaphysical) aspect of property in general, no comprehensive analysis of landed property has been attempted. The paper presents such an analysis and shows how landed property differs from (...) other types of property in a way which implies a special role for political and economic philosophy of property rights in land. This is the Chinese translation of "The Metaphysics of Real Estate", Topoi, 20: 2 (September 2001), 161–172. (shrink)

Reportedly ever since Pythagoras, but possibly much earlier, humans have been concerned about the way non human animals (henceforward “animals” for convenience) should be treated. By late antiquity all main traditions with regard to this issue had already been established and consolidated, and were only slightly modified during the centuries that followed. Until the nineteenth century philosophers tended to focus primarily on the ontological status of animals, to wit on whether – and to what degree – animals are actually rational (...) beings; accordingly they allowed – or denied – them some kind of moral standing. This modus operandi was for the first time seriously questioned by Jeremy Bentham, who put the issue on a different track. If the question, as Bentham suggested, is not if animals can think or speak, but if they can suffer1, then it seems plausible that moral agents ought to abstain from inflicting unnecessary suffering on animals; in other words, humans might have at least one – even limited – moral duty towards animals. And if this, in turn, is true, then animals should arguably be allowed the commensurate moral right, namely the right not to be inflicted unnecessary pain. Then, if animals possess this right, they could probably possess others, as well. This is how grosso modo the issue of animal rights became a pivotal part of the discussion concerning animal ethics. Bentham himself, of course, wouldn’t have gone that far; to him even the idea of human rights sounded like “simple… rhetorical nonsense upon stilts”.2 It was mostly due to his views, however, that the debate was moved from the way things actually are to the way things should ideally be – thus merging into what, in my view, should always have been: one primarily concerning ethics. (shrink)

World peace was a common theoretical consideration among philosophers during Europe’s Enlightenment period. The first robust essay on peace was written by Charles Irénée Castel de Saint- Pierre, which sparked an intellectual debate among prominent philosophers like Jean- Jacques Rousseau and Jeremy Bentham, who offered their own treatises on the concept of peace. Perhaps the most influential of all such writings comes from Immanuel Kant, who argues that world peace is no “high- flown or exaggerated notion” but rather (...) a natural result of the rational progression of the human species. U.S. President Woodrow Wilson, the mastermind behind the formation of the League of Nations in 1920 that provided the scaffolding to today’s United Nations, read Kant’s philosophy while he was a student at the College of New Jersey (now Princeton University). Some have argued that it is no coincidence that the per-son responsible for embarking upon the first serious political pursuit of world peace on a global scale was familiar with Kant. Indeed, William Galston claims that “Woodrow Wilson’s Fourteen Points [for world peace] were a faithful transcription of both the letter and spirit of Kant’s Perpetual Peace.”3 Historical connections aside, the question remains as to whether Kant’s philosophy is a viable conception of peace in a contemporary context. Using the conceptual distinction of positive and negative peace provided by Johan Galtung, I argue that Kant’s philosophy does provide the scaffolding for a viable conception of peace. In particular, I provide particular examples as to what social rights must be included in a Kantian model of peace. (shrink)

In this chapter, I will explore the intersection of philosophy and childhood through the intriguing case study of J. S. Mill, who was almost completely denied a childhood—in the nineteenth-century sense of a qualitatively distinct period inclusive of greater play, imaginative freedom, flexibility, and education. For his part, Mill’s lack of such a childhood was the direct result of his father, James Mill (economic theorist and early proponent of Utilitarianism), who in a letter to Jeremy Bentham explicitly formulates (...) a plan to raise his son as an experiment in the Utilitarian “science” of ethics. More specifically, although James Mill’s end was to create a near-superhuman champion of Utilitarianism, his means to that end included denying John access to other children and the Romantic poetry of his contemporaries. Despite this oppressive lack of a childhood, however, J. S. Mill went on to become perhaps the most influential social and political reformer in British history, especially in regard to gender relations through his groundbreaking work for women’s suffrage. This begs the central question of this chapter, namely how could a philosopher’s tyrannized childhood nevertheless lead to his later overturning of such tyranny in the political sphere? (shrink)

‘Crime is a prohibited act from which results in more evil than good’ is how Jeremy Bentham described crime. ‘Crime is a serious anti-social action to which the State reacts consciously by inflicting pain’, is how W.A.Bonger describes crime. Morality and its lack thereof are related to crime. Morality is so closely interwoven with social conduct and immorality interwoven with criminal conduct that it is desirable to investigate this matter further and so this shorter version of a paper (...) by Sally Ramage is the vehicle by which to look further into this issue of moral crime which notion is based on accepted moral code and common sense. We need to urgently study moral crime if we are to arrest the current moral decline in society and restore integrity and trust to the human race. In this example we see that maturity does not mellow the human psyche as modern criminal law states. It was Sir Norwood East who stated that ‘acquisitiveness, aggressiveness and sexuality are often closely associated but the maturity which changes criminality is never going to be present until one is conscious of one’s own maturity by beginning to live in that consciousness’. Social conduct must be cultivated. Crucially, sociologists argue that social conduct may vary with time and place. However, the case of maturity is different when considering those in formative early life and also in declining periods of life. It must be cultivated. It does not happen automatically with age and some people can never change since their greed, selfishness and criminal inclinations remain steadfast. To these types, there is no resilience learnt because resilience is characteristic of the formative period of life when the disappointments of today are counterbalanced by the anticipations of tomorrow. (shrink)

This paper surveys the history of consequentialist thinking about the deontic relevance of motives in the period of its development, 1789-1912. If a motive is relevant deontically it is a factor that determines whether the action it leads to is right or wrong. Bentham, Austin, Mill, Sidgwick and Moore all either stated or implied that motives are never relevant deontically. Their related views on moral motivation—or which motives are morally praiseworthy—are also examined. Despite the arguments given by Mill and (...) Moore, it is shown that consequentialism can admit that motives occasionally do make a difference to the rightness of an action. The mistakes made by Mill and Moore are described. An example is given that shows when a motive does make a difference to an act’s rightness. The example draws on work of Bernard Williams. (shrink)

Fericirea este un concept fuzzy. Ea poate fi definită în termeni de a trăi o viață bună sau de a înflori, mai degrabă decât de a experimenta o emoție. Fericirea în acest sens a fost folosită pentru a traduce eudaimonia greacă și este încă folosită în etica virtuții. A existat o tranziție în timp, de la accent pe fericirea virtuții la virtutea fericirii. În psihologie, fericirea este o stare mentală sau emoțională a bunăstării, care poate fi definită, printre altele, de (...) emoții pozitive sau plăcute, variind de la mulțumire până la bucuria intensă. În Vedele hinduse, ānanda semnifică fericirea veșnică, cea care însoțește sfârșitul ciclului de renaștere. Pentru grecii antici, ataraxia este o stare lucidă de echilibru robust, caracterizată de elibertatea continuă de teama primejdiei și îngrijorare. Filosofii consideră că fericirea poate fi înțeleasă ca fiind scopul moral al vieții sau ca aspect al hazardului, explicând fericirea fie ca o stare de spirit, fie ca o viață înfloritoare pentru persoana căreia i se aplică. „Conceptul de fericire este un concept atât de vag încât, în ciuda dorinței fiecărui om de a fi fericit, nimeni nu poate spune niciodată în termeni preciși și coerent ce vrea și dorește cu adevărat. Motivul este că elementele care fac parte din conceptul de fericire sunt în totalitate empirice, adică trebuie împrumutate din experiență, și că în același timp, pentru ideea fericirii, un întreg absolut, este necesar un maxim de bunăstare în starea actuală și cea viitoare. Ori, este imposibil ca o persoană finită să fie atât de perspicace și, în același timp, atât de puternică încât să se presupună că poate crea un concept cert despre ceea ce își dorește cu adevărat. Bogăție? ... Cunoaștere? ... Viață lungă? .. Sănătate? Prin urmare, nu există, în acest sens, un imperativ care să ne impună în sensul strict al cuvântului ce să facem pentru a fi fericiți, deoarece fericirea este un ideal nu al rațiunii, ci al imaginației." (Emmanuel Kant, Critica facultății de judecată) -/- CUPRINS: -/- Fericirea - Definiție - Legătura cu sănătatea fizică - Filozofie - Religie - - Religiile orientale - - - Budism - - - Hinduism - - - Confucianismul - - Religiile abrahamice - - - Iudaismul - - - Catolicismul roman - - - Islam - Psihologie - - Ierarhia nevoilor a lui Maslow - - Teoria autodeterminării - - Psihologie pozitivă - - Măsurarea fericirii - Viziunea economică și politică Ānanda - Diferite sensuri de fericire în filosofia hindusă - - Swami Vivekananda - - Sri Aurobindo - - Advaita vedanta - - Dvaita vedanta - - Vishishtadvaita vedanta - - Sri Ramana Maharshi - Modalități de realizare a ānandei Ataraxia - Epicureismul - Pironism - Stoicism Indici ai fericirii: Fericirea Națională Brută - Definirea FNB - Implementarea FNB în Bhutan - Răspândirea FNB în afara Bhutan - Critica Filosofia fericirii - Grecia antică - - Platon - - Aristotel - - Cinism - - Cirenaicism - - Pironism - - Epicureism - - Stoicism - Roma antică - - Școala lui Sextius - - Augustin de Hippo - - Boețiu - Evul Mediu - - Avicenna - - Al-Ghazali - - Maimonide - - Thomas de Aquino - Perioada modernă timpurie - - Michel de Montaigne - - Jeremy Bentham - - Arthur Schopenhauer - Perioada contemporană - - Władysław Tatarkiewicz - - Herbert Marcuse - - Viktor Frankl - - Robert Nozick - Scientismul - Studiul fericirii - - Sonja Lyubomirsky Teoria (etica) virtuții - Concepte cheie - Istoria virtuții - - „Turnura aretaică” contemporană Consecințialism - Filosofii - - Consecințialismul de stat - - Utilitarism - - Egoismul etic - - Altruismul etic - - Consecințialismul regulilor - - Consecințialismul pe două niveluri - - Consecințialismul motivațional - - Consecințialism negativ - - Etica teleologică - - Actele și omisiunile, și "doctrina actelor și omisiunilor" Referințe Despre autor - Nicolae Sfetcu - - De același autor - - Contact Editura - MultiMedia Publishing . (shrink)

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (...) (Law, Liberty and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...) identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

Mill’s Principle of Utility: Origins, Proof, and Implications (Leiden: Brill, 2022) is a scholarly monograph on John Stuart Mill’s utilitarianism with a particular emphasis on his proof of the principle of utility. Originally published as Mill’s Principle of Utility: A Defense of John Stuart Mill’s Notorious Proof (Amsterdam: Editions Rodopi, 1994), the present volume is a revised and enlarged edition with additional material, tighter arguments, crisper discussions, and updated references. The initiative is still principally an analysis, interpretation, and defense of (...) the controversial proof, which has yet to attract a scholarly consensus on how it works and whether it succeeds. Well over a century and a half after Mill’s contribution, the subject matter continues to figure prominently in classroom discussions, where the principle and its proof are presented and debated in connection with the critical baggage of logical problems and conceptual confusions wrongly attributed to Mill from the beginning. The overarching aim of the book, now supplemented by a comprehensive historical background and salient philosophical implications, remains the vindication of Mill’s reasoning in pursuit of what he promises as a proof of the principle of utility. (shrink)

AI, in the form of artificial carers, provides a possible solution to the problem of a growing elderly population Yet, concerns remain that artificial carers ( such as care-or chat-bots) could not emphathize with patients to the extent that humans can. Utilising the concept of empathy perception,we propose a Turing-type test that could check whether artificial carers could do many of the menial tasks human carers currently undertake, and in the process, free up more time for doctors to offer empathy. (...) -/- . (shrink)

It's often said that according to deflationary theories of truth, truth is not a ‘substantial’ property. While this is a fine slogan, it is far from transparent what deflationists mean (or ought to mean) in saying that truth is ‘insubstantial’. Focusing so intently upon the concept of truth and the word ‘true’, I argue, deflationists and their critics have been insufficiently attentive to a host of metaphysical complexities that arise for deflationists in connection with the property of truth. My aim (...) is to correct several misunderstandings as to what deflationists are after here—including some harboured by deflationists themselves—and to offer an account of the commitments about truth's nature that they ought to undertake. In developing this account, I focus particularly upon the issue of what metaphysics of truth a Horwichian minimalist ought to adopt. (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)

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)

Picturing is a poorly understood element of Sellars’s philosophical project. We diagnose the problem with picturing as follows: on the one hand, it seems that it must be connected with action in order for it to do its job. On the other hand, the representational states of a picturing system are characterized in descriptive and seemingly static terms. How can static terms be connected with action? To solve this problem, we adopt a concept from recent work in Sellarsian metaethics: the (...) idea of a material practical inference, which (we argue) features centrally in how we picture. The key distinction is that the picturing of nonhuman animals involves only Humean material practical inference, in which representational states are corrected only by feedback from the environment and not from discursive interactions. The resulting view shows that Sellars’s contributions to practical philosophy (especially theory of action and metaethics) cannot be separated from his contributions to philosophy of mind, language, and cognitive science. Further, the view makes it clear that picturing is neither a version of the Given, nor is it a fifth wheel to inferential role in explaining representation, but is essential to Sellars’s model of how animals—including humans—represent their environment. (shrink)

The COVID-19 global pandemic has shone a light on several important ethical questions, ranging from fairness in resource allocation to the ethical justification of government mandates. In addition to these institutional issues, there are also several ethical questions that arise at the interpersonal level. This essay focuses on several of these issues. In particular, I argue that, despite the insistence in public health messaging that avoiding infecting others constitutes ‘saving lives’, virus transmission that results in death constitutes an act of (...) killing. Whether this killing is wrongful depends on several factors. I consider one intuitively plausible view—namely, that in many cases, killing via unintentional transmission is not wrongful, because the parties in question have implicitly waived their rights against this harm, often via reciprocal risk imposition. I argue that this view is mistaken, but that its central insight can be better captured by identifying the appropriate standards of blame that we ought to apply during a pandemic. I conclude by showing how these conclusions can be fruitfully applied to certain institutional questions, such as helping to justify restricting government mandates. (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)

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)

How is what we believe related to how we act? That depends on what we mean by ‘believe’. On the one hand, there is what we're sure of: what our names are, where we were born, whether we are sitting in front of a screen. Surety, in this sense, is not uncommon — it does not imply Cartesian absolute certainty, from which no possible course of experience could dislodge us. But there are many things that we think that we are (...) not sure of. For example, you might think that it will rain sometime this month, but not be sure that it will. Both what we're sure of and what we think have important normative connections to action. But the connections are quite different. This paper explores these issues with respect to assertion, inquiry, and decision making. We conclude by arguing that there is no theoretically significant notion of ‘full belief’ intermediate in strength between thinking and being sure. (shrink)

Objectives -/- Surveys in various countries suggest 17% to 80% of doctors prescribe ‘placebos’ in routine practice, but prevalence of placebo use in UK primary care is unknown. Methods -/- We administered a web-based questionnaire to a representative sample of UK general practitioners. Following surveys conducted in other countries we divided placebos into ‘pure’ and ‘impure’. ‘Impure’ placebos are interventions with clear efficacy for certain conditions but are prescribed for ailments where their efficacy is unknown, such as antibiotics for suspected (...) viral infections. ‘Pure’ placebos are interventions such as sugar pills or saline injections without direct pharmacologically active ingredients for the condition being treated. We initiated the survey in April 2012. Two reminders were sent and electronic data collection closed after 4 weeks. Results -/- We surveyed 1715 general practitioners and 783 (46%) completed our questionnaire. Our respondents were similar to those of all registered UK doctors suggesting our results are generalizable. 12% (95% CI 10 to 15) of respondents used pure placebos while 97% (95% CI 96 to 98) used impure placebos at least once in their career. 1% of respondents used pure placebos, and 77% (95% CI 74 to 79) used impure placebos at least once per week. Most (66% for pure, 84% for impure) respondents stated placebos were ethical in some circumstances. Conclusion and implications -/- Placebo use is common in primary care but questions remain about their benefits, harms, costs, and whether they can be delivered ethically. Further research is required to investigate ethically acceptable and cost-effective placebo interventions. (shrink)

Wilfrid Sellars’s ethical theory was rich and deeply innovative. On Sellars’s view, moral judgments express a special kind of shared intention. Thus, we should see Sellars as an early advocate of an expressivism of plans and intentions, and an early theorist of collective intentionality. He supplemented this theory with a sophisticated logic of intentions, a robust theory of the categorical validity of normative expressions, a subtle way of reconciling the cognitive and motivating aspects of moral judgment, and much more— all (...) within a strict nominalism that preserves Sellars’s commitment to naturalism. The Ethics of Wilfrid Sellars offers the first systematic treatment of this sadly neglected aspect of Sellars’s work and demonstrates that his ethical theory— just like his more widely discussed epistemology— has much to contribute to current debates. (shrink)

Literary cognitivists claim that works of literature can have a significant cognitive value and can be effective in providing readers with opportunities for learning. Anti-cognitivists challenge cognitivists by questioning how literature can offer arguments or evidence for readers’ adoption of new knowledge or understanding. As a mode of side-stepping these objections, cognitivists have recently tended to make their claims more modest and claim only that literature clarifies knowledge readers already possess or provides the opportunity for the development of certain general (...) cognitive skills. In this chapter, I put forward a more bold account of literature’s cognitive value. I argue that a reader’s engagement with a literary work can lead to reconfiguration of their understanding of the subject matter with which the work deals. This bolder defence of literature’s cognitive value, and the account I offer of how readers can access such cognitive value, indicate how literature can form a significant part of character education. (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)

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 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.

This chapter addresses concerns that pragmatic encroachers are committed to problematic knowledge variance. It first replies to Charity Anderson and John Hawthorne’s new putative problem cases, which purport to show that pragmatic encroachment is committed to problematic variations in knowledge depending on what choices are available to the potential knower. It argues that the new cases do not provide any new reasons to be concerned about the pragmatic encroacher’s commitment to knowledge-variance. The chapter further argues that concerns about knowledge-variance are (...) not limited to the pragmatic encroacher, but come up for traditional purist invariantism as well. (shrink)

The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...) is solved once the hidden quantificational structure involved in such cases is uncovered; 2) the terms ‘required’, ‘permissible’, and ‘forbidden’ can also be analyzed in terms of hidden quantificational structure, and the Negation Problem disappears once this hidden structure is uncovered; 3) the Negation Problem does not arise for normative language that has no hidden quantificational structure. We conclude that the Negation Problem is not really a problem about expressivism at all but is rather a feature of the quantificational structure of the required, permitted, and forbidden. (shrink)

Philosophers of science have insisted that evidence of underlying mechanisms is required to support claims about the effects of medical interventions. Yet evidence about mechanisms does not feature on dominant evidence-based medicine “hierarchies.” After arguing that only inferences from mechanisms (“mechanistic reasoning”)—not mechanisms themselves—count as evidence, I argue for a middle ground. Mechanistic reasoning is not required to establish causation when we have high-quality controlled studies; moreover, mechanistic reasoning is more problematic than has been assumed. Yet where the problems can (...) be overcome, mechanistic reasoning can and should be used as evidence. (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)

This paper provides a method for characterizing space events using the framework of conceptual spaces. We focus specifically on estimating and ranking the likelihood of collisions between space objects. The objective is to design an approach for anticipatory decision support for space operators who can take preventive actions on the basis of assessments of relative risk. To make this possible our approach draws on the fusion of both hard and soft data within a single decision support framework. Contextual data is (...) also taken into account, for example data about space weather effects, by drawing on the Space Domain Ontologies, a large system of ontologies designed to support all aspects of space situational awareness. The framework is coupled with a mathematical programming scheme that frames a mathematically optimal approach for decision support, providing a quantitative basis for ranking potential for collision across multiple satellite pairs. The goal is to provide the broadest possible information foundation for critical assessments of collision likelihood. (shrink)

What explains why we are subjects for whom objects can have value, and what explains which objects have value for us? Axiologicians say that the value of humanity is the answer. I argue that our value, no matter what it is like, cannot perform this task. We are animals among others. An explanation of the value of objects for us must fit into an explanation of the value of objects for animals generally. Different objects have value for different animals. Those (...) differences depend on differences in animal natures and, in particular, on the diverse characteristic capacities of different animals. Once we invoke animal natures, there is nothing for the value of animality, including the value of humanity, to explain. (shrink)

Unlike its friendly cousin the placebo effect, the nocebo effect (the effect of expecting a negative outcome) has been almost ignored. Epistemic and ethical confusions related to its existence have gone all but unnoticed. Contrary to what is often asserted, adverse events following from taking placebo interventions are not necessarily nocebo effects; they could have arisen due to natural history. Meanwhile, ethical informed consent (in clinical trials and clinical practice) has centred almost exclusively on the need to inform patients about (...) intervention risks with patients to preserve their autonomy. Researchers have failed to consider the harm caused by the way in which the information is conveyed. In this paper, I argue that the magnitude of nocebo effects must be measured using control groups consisting of untreated patients. And, because the nocebo effect can produce harm, the principle of non-maleficence must be taken into account alongside autonomy when obtaining (ethical) informed consent and communicating intervention risks with patients. (shrink)

There is pragmatic encroachment on some epistemic status just in case whether a proposition has that status for a subject depends not only on the subject's epistemic position with respect to the proposition, but also on features of the subject's non-epistemic, practical environment. Discussions of pragmatic encroachment usually focus on knowledge. Here we argue that, barring infallibilism, there is pragmatic encroachment on what is arguably a more fundamental epistemic status – the status a proposition has when it is warranted enough (...) to be a reason one has for believing other things. (shrink)